Rural Development Regulations-Update to FmHA References and to Census References, 9855-9914 [2015-01571]
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Vol. 80
Tuesday,
No. 36
February 24, 2015
Part II
Department of Agriculture
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Rural Business-Cooperative Service
Rural Housing Service
Rural Utilities Service
Farm Service Agency
7 CFR Parts 1709, 1714, 1735, et al.
Rural Development Regulations—Update to FmHA References and to
Census References; Direct Final Rule
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Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1709, 1714, 1735, 1737,
1738, 1739, 1740, 1774, 1775, 1776,
1777, 1778, 1779, 1780, 1781, and 1783
Rural Business-Cooperative Service
Rural Housing Service
Rural Utilities Service
Farm Service Agency
7 CFR Parts 1806, 1810, 1822, 1900,
1901, 1902, 1910, 1924, 1925, 1927,
1940, 1942, 1944, 1948, 1950, 1951,
1955, 1956, 1957, 1962, and 1980
Rural Housing Service
7 CFR Parts 3550, 3560, 3570, and 3575
Rural Business-Cooperative Service
Rural Utilities Service
7 CFR Parts 4274, 4279, 4280, 4284,
4288, and 4290
RIN 0570–AA30
Rural Development Regulations—
Update to FmHA References and to
Census References
Rural Business-Cooperative
Service, Rural Housing Service, Rural
Utilities Service, Farm Service Agency,
U.S. Department of Agriculture (USDA).
ACTION: Direct final rule.
AGENCY:
Rural Development (RD) is
amending its regulations by updating
references to the Farmers Home
Administration (FmHA) and clarifying
and updating references to the census
data. These actions will provide
consistency in terminology between
program regulations. In addition,
clarifying and updating references to
census data is needed to account for
changes to the decennial Census, which,
starting with the 2010 decennial Census
is no longer reporting income and
unemployment data. Additional
revisions are being implemented to
show the regulations that do not apply
to the Farm Service Agency (FSA) and
to remove outdated or unnecessary
language.
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SUMMARY:
This rule will become effective
April 27, 2015 without further action
unless the Agency receives significant
written adverse comments or written
notices of intent to submit adverse
comments on or before March 26, 2015.
DATES:
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If the Agency receives significant
adverse comments or notices, the
Agency will publish a timely notice in
the Federal Register withdrawing those
provisions on which adverse comment
were received.
ADDRESSES: You may submit adverse
comments or notice of intent to submit
adverse comments to this rule by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Submit written comments via
the U.S. Postal Service to the Branch
Chief, Regulations and Paperwork
Management Branch, U.S. Department
of Agriculture, STOP 0742, 1400
Independence Avenue SW.,
Washington, DC 20250–0742.
• Hand Delivery/Courier: Submit
written comments via Federal Express
Mail, or other courier service requiring
a street address, to the Branch Chief,
Regulations and Paperwork
Management Branch, U.S. Department
of Agriculture, 300 7th Street SW., 7th
Floor, Washington, DC 20024.
All written comments will be
available for public inspection during
regular work hours at the 300 7th Street
SW., 7th Floor address listed above.
FOR FURTHER INFORMATION CONTACT:
Kenneth Meardon, Policy Advisor,
Rural Business-Cooperative Service,
U.S. Department of Agriculture, STOP
3201, 1400 Independence Avenue SW.,
Washington, DC 20250–3225; email:
ken.meardon@wdc.usda.gov; telephone
(202) 260–8296.
SUPPLEMENTARY INFORMATION:
Classification
This rule has been determined to be
not significant for purposes of Executive
Order 12866 and has not been reviewed
by the Office of Management and
Budget.
Catalog of Federal Domestic Assistance
RD’s programs affected by this
rulemaking are shown in the Catalog of
Federal Domestic Assistance (CFDA)
with numbers as indicated:
10.350—Technical Assistance to
Cooperatives
10.352—Value-Added Producer Grants
(4284)
10.405—Farm Labor Housing Loans and
Grants (3560)
10.410—Very Low to Moderate Income
Housing Loans (Section 502 Rural
Housing Loans) (3550)
10.415—Rural Rental Housing Loans
10.420—Rural Self-Help Technical
Assistance
10.427—Rural Rental Assistance Payments
(3560)
10.433—Rural Housing Preservation Grants
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10.438—Rural Rental Housing Program—
Guaranteed Loans
10.441—Technical and Supervisory
Assistance Grants
10.448—Rural Housing Service Multi-Family
Housing Rural Housing Voucher
Demonstration Program (3560)
10.759—Special Evaluation Assistance for
Rural Communities and Households
Program (SEARCH) (1774)
10.760—Water and Waste Disposal Systems
for Rural Communities (1779, 1780)
10.761—Technical Assistance and Training
Grants (1775)
10.762—Solid Waste Management Grants
(1775)
10.763—Emergency Community Water
Assistance Grants (1778)
10.766—Community Facilities Loans and
Grants (3570, 3575)
10.767—Intermediary Relending Program
(4274)
10.768—Business and Industry Guaranteed
Loan Program (4279)
10.769—Rural Business Enterprise Grant
Program
10.770—Water and Waste Disposal Loans
and Grants (Section 306C) (1777)
10.771—Rural Cooperative Development
Grants
10.773—Rural Business Opportunity Grant
Program
10.781—Water and Waste Disposal Systems
for Rural Communities—ARRA (1780)
10.782—Appropriate Technology Transfer for
Rural Areas (4284)
10.850—Rural Electrification Loans and Loan
Guarantees (1714)
10.851—Rural Telephone Loans and Loan
Guarantees (1735)
10.854—Rural Economic Development Loans
and Grants (4280)
10.857—State Bulk Fuel Revolving Fund
Grants
10.858—RUS Denali Commission Grants and
Loans
10.859—Assistance to High Energy Cost—
Rural Communities (1709)
10.860—Rural Business Investment Program
(4290)
10.861—Public Television Station Digital
Transition Grant Program (1740)
10.862—Water and Waste Disposal Systems
for Rural Communities (1776)
10.863—Community Connect Grant Program
(1739)
10–864—Grant Program to Estabish a Fund
for Financing Water and Wastewater
Projects (1783)
10.865—Biorefinery Assistance (4279)
10.866—Repowering Assistance Program
(4288)
10.867—Bioenergy Program for Advanced
Biofuels (4288)
10.868—Rural Energy for America Program
(4280)
10.870—Rural Microentrepreneur Assistance
Program
10.871—Small Socially-Disadvantaged
Producer Grants (4284)
10.886—Rural Broadband Access Loans and
Loan Guarantees (1738)
All active CFDA programs can be
found at www.cfda.gov under
‘‘Department of Agriculture, Rural
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Executive Order 12372,
Intergovernmental Review of Federal
Programs
This action is not subject to the
provisions of Executive Order 12372,
which requires intergovernmental
consultation with State and local
officials.
Executive Order 12988, Civil Justice
Reform
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. RD has determined that this
rule meets the applicable standards
provided in section 3 of the Executive
Order. Additionally, (1) all state and
local laws and regulations that are in
conflict with this rule will be
preempted; (2) no retroactive effect will
be given to the rule; and (3)
administrative appeal procedures, if
any, must be exhausted before litigation
against the Department or its agencies
may be initiated, in accordance with the
regulations of the National Appeals
Division of USDA at 7 CFR part 11.
Environmental Impact Statement
This document has been reviewed in
accordance with 7 CFR part 1940,
subpart G, ‘‘Environmental Program.’’
RD has determined that this action does
not constitute a major Federal action
significantly affecting the quality of the
human environment and, in accordance
with the National Environmental Policy
Act (NEPA) of 1969, 42 U.S.C. 4321 et
seq., an Environmental Impact
Statement is not required.
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Unfunded Mandates Reform Act
This rule contains no Federal
mandates (under the regulatory
provisions of Title II of the Unfunded
Mandates Reform Act of 1995) for State,
local, and Tribal governments or the
private sector. Thus, this rule is not
subject to the requirements of sections
202 and 205 of the Unfunded Mandates
Reform Act of 1995.
Regulatory Flexibility Act
Under section 605(b) of the
Regulatory Flexibility Act, 5 U.S.C.
605(b), RD certifies that this rule will
not have a significant economic impact
on a substantial number of small entities
because the action will not affect a
significant number of small entities as
defined by the Regulatory Flexibility
Act (5 U.S.C. 501). RBS made this
determination based on the fact that this
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action only impacts internal Agency
procedures for determining how much
of available program funds are allocated
to each state. Small entities will not be
impacted to a greater extent than large
entities.
outdated text, as applicable; and
removing unnecessary text.
Executive Order 13132, Federalism
Development.’’ Programs not listed in
this section or not listed on the CFDA
Web site but are still being serviced by
RD will nevertheless be covered by the
requirements of this action.
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Many RD regulations still contain
references to the Farmers Home
Administration, or FmHA, which was
the predecessor agency to both RD and
FSA.
FmHA references most frequently
encountered in RD regulations are in
reference to forms, instructions, and
addresses. RD is either removing
references that are no longer necessary
or updating the FmHA references to
reflect the appropriate entity, as
applicable. New references will be to
RD, Agency, to the specific RD agency
(Rural Business-Cooperative Service,
Rural Housing Service, Rural Utilities
Service), to the ‘‘government,’’ or to the
United States, depending on the context
of the regulation. Where necessary in
individual RD regulations, definitions
have been changed or added to reflect
the new reference(s).
The policies contained in this rule do
not have any substantial direct effect on
states, on the relationship between the
national government and the states, or
on the distribution of power and
responsibilities among the various
levels of government. Nor does this rule
impose substantial direct compliance
costs on state and local governments.
Therefore, consultation with states is
not required.
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This executive order imposes
requirements on RD in the development
of regulatory policies that have Tribal
implications or preempt tribal laws. RD
has determined that the rule does not,
to our knowledge, have a substantial
direct effect on one or more Indian
Tribe(s) or on either the relationship or
the distribution of powers and
responsibilities between the Federal
Government and Indian Tribes. Thus,
this rule is not subject to the
requirements of Executive Order 13175.
If a Tribe determines that this rule has
implications of which RD is not aware
and would like to engage with RD on
this rule, please contact RD’s Native
American Coordinator at (202) 690–
1681 or AIAN@wdc.usda.gov.
Paperwork Reduction Act
There are no reporting and
recordkeeping requirements associated
with this rule.
E-Government Act Compliance
RD 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 citizens to
access Government information and
services electronically.
I. Background and Discussion
RD is amending numerous RD
regulations in two broad areas—
references to the Farmners Home
Administration and references to
Bureau of Census data. For those RD
regulations affected by these two areas,
RD is also making several additional
changes by updating the text with
regard to applicability of the regulations
to the FSA; removing or updating
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II. Discussion of Changes
A. Farmers Home Administration
(FmHA)
B. Census References
Many RD regulations refer to census
data as the source to be used for various
popluation-, income-, and
unemployment-related data. RD is
amending those portions of its
regulations that reference U.S. Bureau of
Census (Census Bureau) and its data
primarily due to changes in the data
being reported by the Census Bureau in
the decennial Census.
Other changes are being implemented
to further consistency among RD
programs in referencing sources to be
used for population-related data
requirements and provisions and to
provide clarification of how provisions
are implemented. Finally, RD is
removing outdated or unnecessary text.
The following paragraphs discuss
these changes.
1. Census Bureau data. RD allocates
the funding for a number of its programs
using formulas that rely on data
supplied by the Census Bureau,
frequently as found in the decennial
Census. Most RD regulations refer to
this as ‘‘using the latest census data
available’’ or similar language.
Starting with the 2010 census,
however, the Census Bureau no longer
reports income data in the decennial
Census. Thus, RD needs to identify an
alternative source for income-related
data.
After examining several alternative
data sources, RD determined that
income data published by the Census
Bureau in the American Community
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Survey (ACS), as found in the 5-year
survey component of the ACS, provides
the best source of data for estimates of
state-level income and poverty data,
even though such are no longer being
published in the decennial Census. RD
is also aware that the data contained in
the ACS may not meet the needs of a
specific program and that the ACS may
at some point in the future be replaced
or discontinued. For these reasons, RD
is using ‘‘5-year income data from the
American Community Survey (ACS) or,
if needed, other Census Bureau data’’ to
indicate the source of the data to be
used.
In some instances, RD regulations
refer to using other data sources for
income-related data if the ACS or
Census Bureau data are outdated. RD is
retaining that concept where it currently
exists, but modifying the language to
address the revision noted in the
preceding paragraph.
2. Consistency and clarification. As
described below, RD is making several
changes to create consistency between
the RD programs.
a. Whenever a regulation is directing
the use of the decennial Census as the
data source, RD is using ‘‘the most
recent decennial Census of the United
States (decennial Census)’’ consistently
throughout the RD regulations. This
change brings consistency among the
three RD agencies and their regulations.
b. RD regulations apply not only to
what most people understand as the 50
states of the United States, but also to
the U.S. Virgin Islands, Puerto Rico,
Guam, American Samoa, the Marshall
Islands, etc. The decennial Census does
not report population for most of these
territories. Some, but not all, of the RD
regulations clearly identify how
population data are to be obtained for
these other areas. To make this
consistent, RD is revising text to make
clear in all its regulations the data
sources to be used. Specifically, if the
decennial Census does not provide the
applicable population information, then
RD will determine the applicable
population data based on available
population data.
C. FSA Related Changes
When they were operating as the
Farmers Home Adminstration, RD and
FSA shared many regulations. With RD
and FSA now separate entities, many of
the regulations in 7 CFR no longer apply
to FSA. Some of these regulations have
already been identified as no longer
being applicable to FSA. There are a few
regulations, however, that still need to
be identified as no being applicable to
FSA and RD is adding text to that effect.
The regulations are: 7 CFR 1900 subpart
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A, 7 CFR 1902 subpart A, and 7 CFR
1910 subpart B.
D. Outdated and/or Unnecessary Text in
Those Parts and Subparts That Contain
Either Reference to Census Bureau or
FmHA
RD is modifying the identified scoring
criterion by adding reference to making
the calculation using the an ‘‘equivalent
time frame’’ in those instances where
data is used from a data source other
than the decennial Census.
Once RD identified those CFR parts
that need updating with regard to
references to FmHA and the Census
Bureau, RD also identified a number of
other outdated or unnecessary material,
and thus is revising such material. In
brief, these changes:
• Remove reference to Rand McNally
and Company as an alternative source of
population data (7 CFR 1735.2, 7 CFR
1737.2);
• Remove references to a Federal
Communications Commission Web site
and to a Census Tiger Map (7 CFR
1740.8(b)(1)(i) and (c)(1);
• Remove a series of Agency forms
from 7 CFR 1980, Subpart E and their
conforming references. Specifically, RD
will no longer publish in the CFR RD
forms identified as: (1) Appendix A, (2)
Appendix B, (3) Appendix F, (4)
Exhibits A through C to Appendix I to
Subpart E of Part 1980, and (5) Exhibits
A through C to Appendix K to Subpart
E of Part 1980. The applicable forms
will continue to be available in RD
offices and through RD’s Web site;
• Remove reference to the year 2000
as it currently modifies ‘‘Census block’’
in 7 CFR 1709(b);
• Remove the first paragraph in the
definition of Rural and rural area in 7
CFR 3575.1. This paragraph references
Fiscal Year 1999 and is thus obsolete;
and
• Update the reference to the
Legislative Affairs and Public
Information Staff (LAPIS) with the
Legislative and Public Affairs Staff
(LAPAS) (7 CFR parts 1942, 1944, 1948,
and 1980).
List of Subjects
E. Other
7 CFR Part 1775
For the Rural Economic Development
Loan and Grant (REDLG) program, RD is
modifying both the definition of Rural
or rural area’’ (7 CFR 4280.3) and the
scoring criterion associated with the
decline in population for the county
where the project is physically located
(7 CFR 4280.42(b)(7)).
RD is modifying the definition of
‘‘Rural or rural area’’ for REDLG to make
the definition consistent with the
definition for ‘‘rural or rural area’’ found
in the Rural Microentrepreneur
Assistance Program (RMAP), whose
definition is more comprehensive and
consistent with other definitions with
Rural Business-Cooperative Service
programs.
Business and industry, Community
development, Community facilities,
Grant programs—housing and
community development, Reporting and
recordkeeping requirements, Rural
areas, Waste treatment and disposal,
Water supply, Watersheds.
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7 CFR Part 1709
Administrative practice and
procedure, Electric utilities, Grant
programs—energy, Rural areas.
7 CFR Part 1714
Electric power, Loan programs—
energy, Rural areas.
7 CFR Part 1735
Loan programs—communications,
Reporting and recordkeeping
requirements, Rural areas, Telephone.
7 CFR Part 1737
Loan programs—communications,
Reporting and recordkeeping
requirements, Rural areas.
7 CFR Part 1738
Broadband, Loan programs—
communications, Rural areas,
Telecommunications, Telephone.
7 CFR Part 1739
Broadband, Grant programs—
Communications, Rural areas,
Telecommunications, Telephone.
7 CFR Part 1740
Grant programs—Digital televisions;
Communications, Rural areas,
Television.
7 CFR Part 1774
Community development, Grant
programs, Reporting and recordkeeping
requirements, Rural areas, Waste
treatment and disposal, Water supply.
7 CFR Part 1776
Agriculture, Community
development, Community facilities,
Credit, Grant programs—housing and
community development, Nonprofit
organizations, Reporting and
recordkeeping requirements, Rural
areas, Waste treatment and disposal,
Water pollution control, Water
resources, Water supply, Watersheds.
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7 CFR Part 1777
Community development,
Community facilities, Grant programs—
housing and community development,
Loan programs—housing and
community development, Reporting and
recordkeeping requirements, Rural
areas, Waste treatment and disposal,
Water supply, Watersheds.
7 CFR Part 1778
Community development,
Community facilities, Grant programs—
Housing and Community development,
Reporting and recordkeeping
requirements, Rural areas, Waste
treatment and disposal, Water supply,
Watersheds.
7 CFR Part 1779
Loan programs—housing and
community development, Rural areas,
Waste treatment and disposal, Water
supply.
7 CFR Part 1780
Community development,
Community facilities, Grant programs—
housing and community development,
Loan programs—housing and
community development, Reporting and
recordkeeping requirements, Rural
areas, Waste treatment and disposal,
Water supply, Watersheds.
7 CFR Part 1781
Community development,
Community facilities, Loan programs—
housing and community development,
Reporting and recordkeeping
requirements, Rural areas, Waste
treatment and disposal, Water supply,
Watersheds.
7 CFR Part 1783
Business and industry, Community
development, Community facilities,
Grant programs—housing and
community development, Reporting and
recordkeeping requirements, Rural
areas, Waste treatment and disposal,
Water supply, Watersheds.
7 CFR Part 1806
Agriculture, Flood insurance, Loan
programs—agriculture, Loan programs—
housing and community development,
Low and moderate income housing,
Rural areas.
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7 CFR Part 1810
Agriculture, Loan programs—
agriculture, Loan programs—Housing
and community development, Low and
moderate income housing, Rural areas.
7 CFR Part 1822
Loan programs—Housing and
community development, Low and
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moderate income housing, Nonprofit
organizations, Rural areas.
7 CFR Part 1900
Administrative practice and
procedure, Authority delegations
(Government agencies), Conflict of
interests, Government employees, Grant
programs—agriculture, Grant
programs—housing and community
development, Loan programs—
agriculture, Loan programs—housing
and community development, Reporting
and recordkeeping requirements, Rural
areas.
7 CFR Part 1901
Agriculture, Civil rights, Fair housing,
Grant programs—agriculture, Grant
programs—housing and community
development, Grant programs—Indians,
Historic preservation, Indians,
Intergovernmental relations, Loan
Programs—agriculture, Loan programs—
housing and community development,
Marital status discrimination, Minimum
wages, Religious discrimination,
Reporting and recordkeeping
requirements, Rural areas, Sex
discrimination.
9859
7 CFR Part 1940
Agriculture, Environmental
protection, Flood plains, Grant
programs—agriculture, Grant programs–
housing and community development,
Loan programs–agriculture, Loan
programs—housing and community
development, Low and moderate
income housing, Reporting and
recordkeeping requirements, Rural
areas, Truth in lending.
7 CFR Part 1942
Business and industry, Community
facilities, Fire prevention, Grant
programs—business, Grant programs—
housing and community development,
Grant programs—Indians, Indians, Loan
programs—agriculture, Loan programs–
housing and community development,
Loan programs—Indians, Loan
programs—natural resources, Reporting
and recordkeeping requirements, Rural
areas, Waste treatment and disposal,
Water supply, Watersheds.
7 CFR Part 1902
Accounting; Banks, banking; Grant
programs—agriculture, Grant
programs—housing and community
development; Loan programs—
agriculture; Loan programs—housing
and community development, Reporting
and recordkeeping requirements.
7 CFR Part 1944
Administrative practice and
procedure, Aged, Cooperatives, Fair
housing, Grant programs—housing and
community development, Home
improvement, Individuals with
disabilities, Loan programs—housing
and community development, Low and
moderate income housing,
Manufactured homes, Migrant labor,
Rent subsidies, Reporting requirements,
Rural areas.
7 CFR Part 1910
Agriculture, Credit, Loan programs—
agriculture, Loan programs—housing
and community development, Low and
moderate income housing, Reporting
and recordkeeping requirements.
7 CFR Part 1948
Coal, Community facilities, Grant
programs—housing and community
development, Reporting and
recordkeeping requirements,Rural areas,
Uranium.
7 CFR Part 1924
Agriculture, Administrative practice
and procedures, Claims, Credit, Grant
programs—housing and community
development, Housing Standards, Loan
programs–agriculture, Low and
moderate income housing,
Manufactured homes, Reporting and
recordkeeping requirements, Rural
areas.
7 CFR Part 1950
Accounting, Loan programs—
agriculture, Loan programs—housing
and community development, Military
personnel, Rural areas.
7 CFR Part 1925
Agriculture, Loan programs—
agriculture, Loan programs—housing
and community development, Low and
moderate income housing, Rural areas,
Taxes.
7 CFR Part 1927
Agriculture, Loan programs—
agriculture, Loan programs—housing
and community development, Low and
moderate income housing, Rural areas.
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7 CFR Part 1951
Accounting, Claims, Community
facilities, Credit, Disaster assistance,
Government employees, Grant
programs—housing and community
development, Housing, Income taxes,
Loan programs—agriculture, Loan
programs—housing and community
development, Low and moderate
income housing, Reporting and
recordkeeping requirements, Rural
areas, Wages.
7 CFR Part 1955
Agriculture, Drug traffic control,
Government property, Loan programs—
agriculture, Loan programs—housing
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and community development, Low and
moderate income housing, Rural areas.
7 CFR Part 3575
Loan programs—agriculture.
■
7 CFR Part 1956
7 CFR Part 4274
Community development, Loan
programs—business, Reporting and
recordkeeping requirements, Rural
areas.
§ 1709.123
Accounting, Business and industry,
Claims, Loan programs—agriculture,
Loan programs—housing and
community development, Reporting and
recordkeeping requirements, Rural
areas.
7 CFR Part 1957
Loan programs—housing and
community development, Low and
moderate income housing, Rural areas.
7 CFR Part 1962
Agriculture, Bankruptcy, Drug traffic
control, Government property, Loan
programs—agriculture, Loan programs—
housing and community development,
Rural areas.
7 CFR Part 1980
Agriculture, Business and industry,
Community facilities, Credit, Disaster
assistance, Livestock, Loan programs—
agriculture, Loan programs—business,
Loan programs—housing and
community development, Low and
moderate income housing, Reporting
and recordkeeping requirements, Rural
areas.
7 CFR Part 3550
Administrative practice and
procedure, Environmental impact
statements, Fair housing, Grant
programs—housing and community
development, Housing, Loan
programs—housing and community
development, Low and moderate
income housing, Manufactured homes,
Reporting and recordkeeping
requirements, Rural areas.
7 CFR Part 3560
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Accounting, Administrative practice
and procedure, Aged, Conflict of
interests, Government property
management, Grant programs—Housing
and community development,
Insurance, Loan programs—Agriculture,
Loan programs—Housing and
community development, Low and
moderate income housing, Migrant
labor, Mortgages, Nonprofit
organizations, Public housing, Rent
subsidies, Reporting and recordkeeping
requirements, Rural areas.
7 CFR Part 3570
Administrative practice and
procedure, Fair Housing, Grant
programs—housing and community
development, ousing, Low and
moderate income housing, Reporting
and recordkeeping requirements, Rural
areas.
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7 CFR Part 4279
Loan programs—business, Reporting
and recordkeeping requirements, Rural
areas.
7 CFR Part 4280
Loan programs—Business and
industry, Economic development,
Energy, Energy efficiency
improvements, Feasibility studies, Grant
programs, Guaranteed loan programs,
Renewable energy systems, Rural areas.
7 CFR Part 4284
Business and industry, Community
development, Community facilities,
Grant programs—housing and
community development, Loan
programs—housing and community
development, Reporting and
recordkeeping requirements, Rural
areas, Waste treatment and disposal,
Water supply.
7 CFR Part 4288
Administrative practice and
procedure, Energy—advanced biofuel,
Renewable biomass, Reporting and
recordkeeping.
7 CFR Part 4290
Community development,
Government securities, Grant
programs—business, Securities, Small
businesses.
For the reasons discussed above,
Rural Development is amending
chapters XVII, XVIII, XXXV, and XLII of
title 7, of the Code of Federal
Regulations as follows
CHAPTER XVII—RURAL UTILITIES
SERVICE, DEPARTMENT OF
AGRICULTURE
PART 1709—ASSISTANCE TO HIGH
ENERGY COST COMMUNITIES
1. The authority citation for part 1709
continues to read as follows:
■
Authority: 5 U.S.C. 301, 7 U.S.C. 901 et
seq.
Subpart B—RUS High Energy Cost
Grant Program
§ 1709.107
[Amended]
2. Amend § 1709.107(b) by removing
‘‘2000 Census block’’ and adding
‘‘Census block according to the most
recent decennial Census of the United
States (decennial Census)’’ in its place.
■
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3. Revise § 1709.123(c)(2) to read as
follows:
Evaluation criteria and weights.
*
*
*
*
*
(c) * * *
(2) Rurality. Priority consideration
may be given to proposals that serve
smaller rural communities. Applications
will be scored based on the population
of the largest incorporated cities, towns
or villages or census designated places
included within the grant’s proposed
target area as determined using the
population figures from the most recent
decennial Census. If the applicable
population figure cannot be based on
the most recent decennial Census, RD
will determine the applicable
population figure based on available
population data.
*
*
*
*
*
Subpart C—Bulk Fuel Revolving Fund
Grant Program
4. Revise § 1709.210(c)(3) to read as
follows:
■
§ 1709.210
Application process.
*
*
*
*
*
(c) * * *
(3) Assessment of needs and potential
beneficiaries. The application must
provide estimates of the number,
location and population of potentially
eligible areas in the State and their
estimated fuel needs and costs. The
section must also describe the criteria
used to identify eligible areas, including
the characteristics that make fuel
deliveries by surface transport
impossible or impracticable. The
description of beneficiary communities
should provide a detailed breakdown of
the density profile of the area to be
served by eligible projects. Indicate to
what extent persons in eligible areas
live outside of communities of 2,500
persons or more, communities of 5,000
or more or outside of communities of
20,000 or more. All population
estimates should be based on the most
recent decennial Census of the United
States. If the applicable population
estimate cannot be based on the most
recent decennial Census, RD will
determine the applicable population
figure based on available population
data. All representations should be
supported with exhibits such as maps,
summary tables and references to
official information sources.
*
*
*
*
*
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PART 1714—PRE-LOAN POLICIES
AND PROCEDURES FOR INSURED
ELECTRIC LOANS
borrower qualifies under the consumer
income test.
*
*
*
*
*
5. The authority citation for part 1714
continues to read as follows:
Authority: 7 U.S.C. 901 et seq.; 1921 et
seq.; and 6941 et seq.
PART 1735—GENERAL POLICIES,
TYPES OF LOANS, LOAN
REQUIREMENTSTELECOMMUNICATIONS PROGRAM
Subpart A—General
■
6. Revise the second and third
sentences in § 1714.5(d) to read as
follows:
Authority: 7 U.S.C. 901 et seq., 1921 et
seq., and 6941 et seq.
■
8. The authority citation for part 1735
continues to read as follows:
■
§ 1714.5 Determination of interest rates on
municipal rate loans.
*
*
*
*
*
(d) * * * The method used to
determine this rate is set forth in the
regulations of the Rural Housing Service
at 7 CFR 1942.17(f)(1) and (4). Pursuant
to the RUS rule, the interest rates are set
using as guidance the average of the
Bond Buyer Index for the four weeks
prior to the first Friday of the last month
before the beginning of the quarter.
* * *
■ 7. Revise § 1714.7(b)(2)(i) and (ii) to
read as follows:
§ 1714.7
Interest rate cap.
mstockstill on DSK4VPTVN1PROD with RULES2
*
*
*
*
*
(b) * * *
(2) * * *
(i) To qualify under the consumer
income test, the borrower must include
in its loan application information about
the location of its residential consumers.
The borrower must provide to RUS,
based on the most recent data available
at the time of loan application, either
the number of consumers in each
county it serves or the number of
consumers in each census tract it serves.
Using 5-year income data from the
American Community Survey (ACS) or,
if needed, other Census Bureau data,
RUS will compare, on a weighted
average basis, the average per capita and
median household income of the
counties or census tracts served by the
borrower with state figures.
(ii) If there is reason to believe that
the ACS or other Census Bureau data
does not accurately represent the
economic conditions of the borrower’s
consumers, the reasons will be
documented and the borrower may
furnish, or RD may obtain, additional
information regarding such economic
conditions. Information must consist of
reliable data from local, regional, State,
or Federal sources or from a survey
conducted by a reliable impartial
source. The Administrator has the sole
discretion to determine whether such
data submitted by the borrower is
sufficient to determine whether the
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the applicable population figure based
on available population data; and
(2) An urbanized area means a
densely populated territory as defined
in the most recent decennial Census.
PART 1737—PRE-LOAN POLICIES
AND PROCEDURES COMMON TO
INSURED AND GUARANTEED
TELECOMMUNICATIONS LOANS
11. The authority citation for part
1737 continues to read as follows:
■
Subpart A—General
Authority: 7 U.S.C. 901 et seq., 1921 et
seq.; Pub. L. 103–354, 108 Stat. 3178 (7
U.S.C. 6941 et.seq.).
9. In § 1735.2, revise the definition of
‘‘Rural area’’ to read as follows:
■
■
§ 1735.2
Definitions.
*
*
*
*
*
Rural area means any area of the
United States, its territories and insular
possessions (including any area within
the Federated States of Micronesia, the
Republic of the Marshall Islands, and
the Republic of Palau) not included
within the boundaries of any
incorporated or unincorporated city,
village or borough having a population
exceeding 5,000 inhabitants. The
population figure is obtained from the
most recent decennial Census of the
United States (decennial Census). If the
applicable population figure cannot be
obtained from the most recent decennial
Census, RD will determine the
applicable population figure based on
available population data. For purposes
of the ‘‘rural area’’ definition, the
character of an area is determined as of
a time the initial loan for the system is
made.
*
*
*
*
*
Subpart B—Loan Purposes and Basic
Policies
12. In § 1737.2, revise the definition of
‘‘Rural area’’ to read as follows:
§ 1737.2
Definitions.
*
*
*
*
*
Rural area means any area of the
United States, its territories and
possessions (including any area within
the Federated States of Micronesia, the
Republic of the Marshall Islands, and
the Republic of Palau) not included
within the boundaries of any
incorporated or unincorporated city,
village or borough having a population
exceeding 5,000 inhabitants. The
population figure is obtained from the
most recent decennial Census of the
United States. If the applicable
population figure cannot be obtained
from the most recent decennial Census,
RD will determine the applicable
population figure based on available
population data. For purposes of the
‘‘rural area’’ definition, the character of
an area is determined as of a time the
initial loan for the system is made.
*
*
*
*
*
PART 1738—RURAL BROADBAND
ACCESS LOANS AND LOAN
GUARANTEES
10. Revise § 1735.10(g) to read as
follows:
■
§ 1735.10
Authority: Pub. L. 107–171, 7 U.S.C. 901
et seq.
■
General.
*
*
*
*
*
(g) For the purpose of paragraph (a)(2)
of this section, rural areas means any
area that is not located within a city,
town, or incorporated area that has a
population of greater than 20,000
inhabitants or within an urbanized area
contiguous and adjacent to a city or
town that has a population of greater
than 50,000 inhabitants. For the purpose
of the definition of rural area,
(1) The population figure is obtained
from the most recent decennial Census
of the United States (decennial Census).
If the applicable population figure
cannot be obtained from the most recent
decennial Census, RD will determine
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13. The authority citation for part
1738 continues to read as follows:
Subpart A—General
14. In § 1738.2(a), revise the definition
of ‘‘Rural area’’ to read as follows:
■
§ 1738.2
Definitions.
(a) * * *
Rural area means any area, as
confirmed by the most recent decennial
Census of the United States (decennial
Census), which is not located within:
(i) A city, town, or incorporated area
that has a population of greater than
20,000 inhabitants; or
(ii) An urbanized area contiguous and
adjacent to a city or town that has a
population of greater than 50,000
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inhabitants. For purposes of the
definition of rural area, an urbanized
area means a densely populated
territory as defined in the most recent
decennial Census.
*
*
*
*
*
Subpart A—General Provisions
PART 1739—BROADBAND GRANT
PROGRAM
*
20. In § 1774.2, revise the definitions
of ‘‘Financially distressed area’’ and
‘‘Rural area’’ to read as follows:
■
§ 1774.2
15. The authority citation for part
1739 continues to read as follows:
■
Authority: Title III, Pub. L. 108–199, 118
Stat. 3.
16. In § 1739.3, revise the definition of
‘‘Rural area’’ to read as follows:
■
§ 1739.3
Definitions.
*
*
*
*
*
Rural area means any area, as
confirmed by the most recent decennial
Census of the United States (decennial
Census), which is not located within:
(1) A city, town, or incorporated area
that has a population of greater than
20,000 inhabitants; or
(2) An urbanized area contiguous and
adjacent to a city or town that has a
population of greater than 50,000
inhabitants. For purposes of the
definition of rural area, an urbanized
area means a densely populated
territory as defined in the most recent
decennial Census.
*
*
*
*
*
PART 1740—PUBLIC TELEVISION
STATION DIGITAL TRANSITION
GRANT PROGRAM
17. The authority citation for part
1740 continues to read as follows:
■
Authority: Consolidated Appropriations
Act, 2005; Title III: Rural Development
Programs; Rural Utilities Service; Distance
Learning, Telemedicine, and Broadband
Program; Pub. L. 108–447.
Authority: 7 U.S.C. 1926e.
*
*
*
*
Financially distressed area. An area is
considered financially distressed if the
median household income of the area to
be served is either below the poverty
line or below 80 percent of the
statewide non-metropolitan median
household income according to the 5year income data from the American
Community Survey (ACS) or, if needed,
other Census Bureau data. If there is
reason to believe that the ACS or other
Census Bureau data does not accurately
represent the median household income
of the area to be served, the reasons will
be documented and the borrower may
furnish, or RD may obtain, additional
information regarding such median
household income data. Information
must consist of reliable data from local,
regional, State or Federal sources or
from a survey conducted by a reliable
impartial source.
*
*
*
*
*
Rural area. For the purposes of this
SEARCH program, any area not in a city
or town with a population of 2,500 or
fewer, according to the most recent
decennial Census of the United States
(decennial Census). If the applicable
population figure cannot be obtained
from the most recent decennial Census,
RD will determine the applicable
population figure based on available
population data.
*
*
*
*
*
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16
U.S.C. 1005.
[Amended]
18. Amend § 1740.8 by:
a. In paragraph (b)(1)(i), removing
‘‘https://www.fcc.gov/fcc-bin/audio/
tvq.html’’ and removing ‘‘, overlaid on
a Census Tiger Map. The map also
shows counties covered’’ and
■ b. In paragraph (c)(1), removing the
last sentence.
■
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■
PART 1774—SPECIAL EVALUATION
ASSISTANCE FOR RURAL
COMMUNITIES AND HOUSEHOLDS
PROGRAM
19. The authority citation for part
1774 continues to read as follows:
■
Authority: 7 U.S.C. 1926(a)(2)(C).
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Subpart A—General
24. In § 1776.3, revise the definition of
‘‘Eligible individual’’ to read as follows:
■
§ 1776.3
Definitions.
*
*
*
*
*
Eligible individual means an
individual who is a member of a
household the members of which have
a combined income (for the most recent
12-month period for which the
information is available) that is not
more than 100 percent of the median
nonmetropolitan household income for
the State or territory in which the
individual resides, according to 5-year
income data from the American
Community Survey (ACS) or, if needed,
other Census Bureau data. If there is
reason to believe that the ACS or other
Census Bureau data does not accurately
represent the median nonmetropolitan
household income for the State or
territory in which the individual
resides, the reasons will be documented
and the applicant may furnish, or RD
may obtain, additional information
regarding such median household
income data. Information must consist
of reliable data from local, regional,
State or Federal sources or from a
survey conducted by a reliable impartial
source.
*
*
*
*
*
PART 1777—SECTION 306C WWD
LOANS AND GRANTS
25. The authority citation for part
1777 continues to read as follows:
■
21. The authority citation for part
1775 continues to read as follows:
■
§ 1740.8
23. The authority citation for part
1776 continues to read as follows:
■
Definitions.
PART 1775—TECHNICAL
ASSISTANCE GRANTS
Subpart A—Public Televsion Station
Digital Transition Grant Program
PART 1776—HOUSEHOLD WATER
WELL SYSTEM GRANT PROGRAM
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16
U.S.C. 1005.
26. In § 1777.4, revise the definition of
‘‘Rural areas’’ to read as follows:
■
Subpart A—General Provisions
§ 1777.4
22. In § 1775.2, revise the definition of
‘‘Rural area’’ to read as follows:
*
■
§ 1775.2
Definitions.
*
*
*
*
*
Rural area. Any area not in a city or
town with a population in excess of
10,000, according to the most recent
decennial Census of the United States.
If the applicable population figure
cannot be obtained from the most recent
decennial Census, RD will determine
the applicable population figure based
on available population data.
*
*
*
*
*
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Definitions.
*
*
*
*
Rural areas. Includes unincorporated
areas and any city or town with a
population not in excess of 10,000
inhabitants located in any of the 50
States, the Commonwealth of Puerto
Rico, the Western Pacific Territories,
Marshall Islands, Federated States of
Micronesia, Republic of Palau, and the
U.S. Virgin Islands. The population
figure is obtained from the most recent
decennial Census of the United States.
If the applicable population figure
cannot be obtained from the most recent
decennial Census, RD will determine
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the applicable population figure based
on available population data.
*
*
*
*
*
■ 27. Revise § 1777.12(a)(1) to read as
follows:
§ 1777.12
Eligibility.
(a) * * *
(1) Per capita income of the residents
is not more than 70 percent of the most
recent national average per capita
income, as determined by 5-year income
data from the American Community
Survey (ACS) or, if needed, other
Census Bureau data. If there is reason to
believe that the ACS or other Census
Bureau data does not accurately
represent the per capita income of the
residents, the reasons will be
documented and the borrower/applicant
may furnish, or RD may obtain,
additional information regarding such
per capita income data. Information
must consist of reliable data from local,
regional, State or Federal sources or
from a survey conducted by a reliable
impartial source, and
*
*
*
*
*
PART 1778—EMERGENCY AND
IMMINENT COMMUNITY WATER
ASSISTANCE GRANTS
§ 1778.13
28. The authority citation for part
1778 continues to read as follows:
■
29. In § 1778.4, revise the definition of
‘‘Rural areas’’ to read as follows:
■
Definitions.
mstockstill on DSK4VPTVN1PROD with RULES2
*
*
*
*
*
Rural areas. Includes any area not in
a city or town with a population in
excess of 10,000 inhabitants located in
any of the fifty States, the
Commonwealth of Puerto Rico, the
Western Pacific Territories, Marshall
Islands, Federated States of Micronesia,
Republic of Palau, and the U.S. Virgin
Islands. The population figure is
obtained from the most recent decennial
Census of the United States (decennial
Census). If the applicable population
figure cannot be obtained from the most
recent decennial Census, RD will
determine the applicable population
figure based on available population
data.
*
*
*
*
*
■ 30. Revise § 1778.10(a)(1) and (2) to
read as follows:
§ 1778.10
Restrictions.
(a) * * *
(1) Assist any city or town with a
population in excess of 10,000
inhabitants. The population figure is
obtained from the most recent decennial
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31. Amend § 1778.13(b) by removing
‘‘decennial census of the United States’’
and adding ‘‘decennical Census’’ in its
place.
■
Authority: 5 U.S.C. 301, 7 U.S.C. 1989; 16
U.S.C. 1005.
§ 1778.4
Census. If the applicable population
figure cannot be obtained from the most
recent decennial Census, RD will
determine the applicable population
figure based on available population
data. Facilities financed by RUS may be
located in non-rural areas. However,
loan and grant funds may be used to
finance only that portion of the facility
serving rural areas, regardless of facility
location.
(2) Assist a rural area that has a
median household income in excess of
the statewide nonmetropolitan median
household income as determined by 5year income data from the American
Community Survey (ACS) or, if needed,
other Census Bureau data. If there is
reason to believe that the ACS or other
Census Bureau data does not accurately
represent the median household income
of the rural area, the reasons will be
documented and the applicant may
furnish, or RD may obtain, additional
information regarding such median
household income data. Information
must consist of reliable data from local,
regional, State or Federal sources or
from a survey conducted by a reliable
impartial source.
*
*
*
*
*
PART 1779—WATER AND WASTE
DISPOSAL PROGRAMS GUARANTEED
LOANS
32. The authority citation for part
1779 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16
U.S.C. 1005.
33. In § 1779.2, revise the definition of
‘‘Rural and rural area’’ to read as
follows:
■
§ 1779.2
Definitions.
*
*
*
*
*
Rural and rural area. Any area not in
a city or town with a population in
excess of 10,000 inhabitants. The
population figure is obtained from the
most recent decennial Census of the
United States (decennial Census). If the
applicable population figure cannot be
obtained from the most recent decennial
Census, RD will determine the
applicable population figure based on
available population data.
*
*
*
*
*
PART 1780—WATER AND WASTE
LOANS AND GRANTS
34. The authority citation for part
1780 continues to read as follows:
■
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9863
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16
U.S.C. 1005.
Subpart A—General Policies and
Requirements
35. Revise the second, third, and
fourth sentences of § 1780.1(b) to read as
follows:
■
§ 1780.1
General.
*
*
*
*
*
(b) * * * The median household
income of the service area and the
nonmetropolitan median household
income of the State will be determined
from income data from 5-year income
data from the American Community
Survey (ACS) or, if needed, other
Census Bureau data. If there is reason to
believe that the ACS or other Census
Bureau data does not accurately
represent the median household income
within the area to be served, the reasons
will be documented and the applicant
may furnish, or RD may obtain,
additional information regarding such
median household income data.
Information must consist of reliable data
from local, regional, State or Federal
sources or from a survey conducted by
a reliable impartial source. * * *
■ 36. In § 1780.3, revise the definition of
‘‘Rural and rural areas’’ to read as
follows:
§ 1780.3 Definitions and grammatical rules
of construction.
*
*
*
*
*
Rural and rural areas means any area
not in a city or town with a population
in excess of 10,000 inhabitants. The
population figure is obtained from the
most recent decennial Census of the
United States (decennial Census). If the
applicable population figure cannot be
obtained from the most recent decennial
Census, RD will determine the
applicable population figure based on
available population data.
*
*
*
*
*
■ 37. Revise § 1780.18(c)(2)(ii) to read as
follows:
§ 1780.18
Allocation of program funds.
*
*
*
*
*
(c) * * *
(2) * * *
(ii) The data sources for each criterion
identified in paragraph (c)(2) of this
section are specified in paragraphs
(c)(2)(ii)(A) through (C) of this section.
Each criterion is assigned a specific
weight according to its relevance in
determining need. The percentage
representing each criterion is multiplied
by the weight factor and summed to
arrive at a State factor (SF). The SF
cannot exceed 0.05, as follows:
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SF = (criterion in paragraph (b)(2)(i)(A)
of this section × 50 percent) +
(criterion in paragraph (b)(2)(i)(B) ×
25 percent) + (criterion in
paragraph (b)(2)(i)(C) of this section
× 25 percent)
(A) For the criterion specified in
paragraph (b)(2)(i)(A) of this section, the
most recent decennial Census data.
(B) For the criterion specified in
paragraph (b)(2)(i)(B) of this section, 5year income data from the American
Community Survey (ACS) or, if needed,
other Census Bureau data.
(C) For the criterion specified in
paragraph (b)(2)(i)(C) of this section, the
most recent Bureau of Labor Statistics
data.
*
*
*
*
*
Subpart B—Loan and Grant
Application Processing
§ 1783.3 What definitions are used in this
regulation?
*
*
*
*
*
Rural and rural area means a city,
town or unincorporated area that has a
population of no more than 10,000
inhabitants. The population figure is
obtained from the most recent decennial
Census of the United States (decennial
Census). If the applicable population
figure cannot be obtained from the most
recent decennial Census, RD will
determine the applicable population
figure based on available population
data.
*
*
*
*
*
CHAPTER XVIII—RURAL HOUSING
SERVICE, RURAL BUSINESSCOOPERATIVE SERVICE, RURAL UTILITIES
SERVICE, AND FARM SERVICE AGENCY,
DEPARTMENT OF AGRICULTURE
PART 1806—INSURANCE
38. Revise § 1780.49(b)(2) to read as
follows:
■
§ 1780.49
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42
U.S.C. 1480.
43. The authority citation for part
1806 continues to read as follows:
■
Rural or Native Alaskan villages.
*
*
*
*
*
(b) * * *
(2) Rural or Native Alaskan village. A
rural or Native Alaskan community
which meets the definition of a village
under State statutes and does not have
a population in excess of 10,000
inhabitants according to the most recent
decennial Census.
*
*
*
*
*
PART 1781—RESOURCE
CONSERVATION AND DEVELOPMENT
(RCD) LOANS AND WATERSHED (WS)
LOANS AND ADVANCES
39. The authority citation for part
1781 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16
U.S.C. 1005.
§ 1781.2
[Amended]
40. Amend the first sentence of
§ 1781.2(a) by removing ‘‘, successor to
the Farmers’s Home Administration’’ in
the first sentence.
■
PART 1783—REVOLVING FUNDS FOR
FINANCING WATER AND
WASTEWATER PROJECTS
(REVOLVING FUND PROGRAM)
41. The authority citation for part
1783 continues to read as follows:
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■
Authority: 7 U.S.C. 1926 (a)(2)(B).
Subpart A—General
42. In § 1783.3, revise the definition of
‘‘Rural and rural area’’ to read as
follows:
■
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Subpart A—Real Property Insurance
§ 1806.1
[Amended]
44. Amend § 1806.1 by:
a. In paragraph (a), removing ‘‘Rural
Housing Service (RHS). Any references
herein to the Farmers Home
Administration (FmHA) or its
employees are intended to mean FSA or
RHS, as applicable, and their
employees.’’ and adding ‘‘Rural Housing
Service (RHS), herein referred to as the
‘‘Agency.’’ in its place;
■ b. In paragraphs (b) and (d), removing
‘‘the FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘RD’’ in its place; and
■ c. In paragraph (e), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Form RD’’ in its place and
removing ‘‘interest of the FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘interest of RD’’
in its place.
■
■
§ 1806.2
[Amended]
45. Amend § 1806.2 by:
a. In paragraph (b)(5)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ b. In paragraphs (b)(6) introductory
text and (b)(6)(i), removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘Agency’’ in its
place;
■ c. In paragraphs (b)(9) and (b)(10)
introductory text, removing ‘‘FmHA or
its successor agency under Public Law
■
■
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103–354’’ wherever it occurs and adding
‘‘the Agency’’ in their place;
■ d. In paragraph (b)(11) introductory
text:
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 has’’
and adding ‘‘the Agency has’’ in its
place; and
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘the Agency will’’ in its
place;
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ d. In paragraph (b)(11)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘the
Agency’’ in its place;
■ e. In paragraph (b)(11)(iii), removing
‘‘FmHA or its successor agency under
Public Law 103–354 is’’ and adding ‘‘the
Agency is’’ in its place and removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place;
■ f. In paragraph (b)(11)(iv) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘The Agency’’ in its place;
■ g. In paragraph (b)(11)(iv)(A),
removing ‘‘United States of America
(Farmers Home Administration or its
successor agency under Public Law
103–354)’’ and adding ‘‘United States of
America (Rural Development)’’ in its
place and removing ‘‘naming FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘naming the
Agency’’ in its place;
■ h. In paragraph (b)(11)(iv)(B),
removing ‘‘United States of America
(Farmers Home Administration or its
successor agency under Public Law
103–354)’’ and adding ‘‘United States of
America (Rural Development)’’ in its
place and removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by the Agency’’
in its place;
■ i. In paragraph (b)(11)(iv)(C),
removing ‘‘the Farmers Home
Admnistration or its successor agency
under Public Law 103–354’’ and adding
‘‘Rural Development’’ in its place;
■ j. In paragraph (c), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Form RD’’ in its place and
removing ‘‘in which the FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘in which the
Agency’’ in its place;
■ k. In paragraph (d)(1) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place;
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l. In paragraph (d)(1)(iii)(B), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘the’’
in its place;
■ m. In paragraph (d)(2), removing
‘‘against the FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘against the Agency’’ in its place
and removing ‘‘FmHA or its successor
agency under Public Law 103–354
mortgage’’ and adding ‘‘Agency
mortgage’’ in its place; and
■ n. In paragraph (e), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 loan’’ and adding ‘‘Agency
loan’’ in its place and removing ‘‘for
FmHA or its successor agency under
Public Law 103–354 loans’’ and adding
‘‘for the Agency loans’’ in its place.
■
§ 1806.3
[Amended]
46. Amend § 1806.3 by:
a. In paragraphs (a)(1), (b), and
(c)(1)(v), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Agency’’ in their place;
■ b. In paragraph (c)(1)(vii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Agency’’ in their place; and
■ c. In paragraph (c)(1)(viii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Agency’’ in their place.
■
■
§ 1806.4
[Amended]
47. Amend § 1806.4 by:
a. In paragraph (a)(2)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘RD’’ in their place;
■ b. In paragraph (a)(4), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place;
■ c. In paragraph (b)(1), removing ‘‘upon
demand to FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘upon demand to the Agency’’
in its place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ d. In paragraph (b)(2)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘the Agency’’ in their place.
■
■
§ 1806.5
[Amended]
48. Amend § 1806.5 by:
a. In paragraphs (a) introductory text
and (i)(2)(ii), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Agency’’ in its
place;
■ b. In paragraph (a)(1), removing ‘‘the
FmHA or its successor agency under
Public Law 103–354 ’’ and adding ‘‘the
Agency’’ in its place;
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■
■
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c. In paragraph (a)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354 was’’ and adding
‘‘the Agency was’’ in its place;
■ d. In paragraphs (a)(2), (b)(1), and
(b)(2) introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354 ’’ and adding
‘‘Agency’’ in its place;
■ e. In paragraph (b)(2)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding ‘‘the
Agency’s’’ in its place and removing
‘‘jointly to the FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘jointly to the Agency’’ in its
place;
■ f. In paragraph (c)(1)(iii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘the
Agency’’ in its place;
■ g. In paragraphs (c)(1)(iv) and (e)(2),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place;
■ h. In paragraph (g) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding
‘‘Agency’’ in its place;
■ i. In paragraphs (g)(2) and (h),
removing ‘‘FmHA or its successor
agency under Public Law 103–354 ’’ and
adding ‘‘Agency’’ in its place; and
■ j. In paragraph (i)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354 official’’ and
adding ‘‘Agency official’’ in its place
and removing ‘‘whether FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘whether the
Agency’’ in its place.
■
§ 1806.6
[Amended]
49. Amend § 1806.6 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘the Agency’’ in its place;
■ b. In paragraph (a)(1) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place;
■ c. In paragraph (a)(1)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place;
■ d. In paragraph (a)(1)(iii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Agency’’ in their place;
■ e. In paragraph (a)(1)(v), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
account’’ and adding ‘‘Agency account’’
in its place;
■
■
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9865
f. In paragraph (a)(1)(vii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place;
■ g. In paragraph (c)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354 as mortgagee’’ and
adding ‘‘Agency as mortgagee’’ in its
place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ h. In paragraph (c)(3), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘from the FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘from the Agency’’ in its place.
■
Subpart B—National Flood Insurance
§ 1806.21
[Amended]
50. Amend § 1806.21(a) by removing
‘‘Farmers Home Administration (FmHA)
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development and Farm Service Agency,
herein referred to as the ‘‘Agency’’,’’ in
its place.
■
§ 1806.22
[Amended]
51. Amend § 1806.22 by:
■ a. In the paragraph heading of
paragraph (b), removing ‘‘Farmers Home
Administration or its successor agency
under Public Law 103–354’’ and adding
‘‘The Agency’’ in its place; and
■ b. In the first sentence of paragraph
(b), removing ‘‘the FmHA or its
successor agency under Public Law
103–354 National Office’’ and adding
‘‘the National Office’’ in its place.
■
§ 1806.23
[Amended]
52. Amend § 1806.23(a) by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place.
■
§ 1806.25
[Amended]
53. Amend § 1806.25 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘The
Agency’’ in its place and
■ b. In paragraph (c)(4), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘the
Agency’’ in its place.
■
■
PART 1810—INTEREST RATES,
TERMS, CONDITIONS, AND
APPROVAL AUTHORITY
54. The authority citation for part
1810 continues to read as follows:
■
Authority: 7 U.S.C. 1989; 14 U.S.C. 1480;
7 CFR 2.23; 7 CFR 2.70.
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Subpart A—Interest Rates,
Amortization, Guarantee Fee, Annual
Charge, and Fixed Period
§ 1810.1
[Amended]
55. Amend § 1810.1 by:
a. In paragraph (a), removing ‘‘FmHA
or its successor Agency under Public
Law 103–354’’ and adding ‘‘the Agency
(Rural Business-Cooperative Service and
Rural Housing Service of the U.S.
Department of Agriculture)’’ in its place;
and
■ b. In paragraph (b), removing
‘‘Farmers Home Administration or its
successor agency under Public Law
103–354’’ and adding ‘‘U.S. Department
of Agriculture’’ in its place.
■
■
§ 1810.2
[Amended]
56. Amend § 1810.2(b) and (c) by
removing ‘‘FmHA or its successor
Agency under Public Law 103–354’’ and
adding ‘‘the Agency’’ in their place.
■
PART 1822—Rural Housing Loans and
Grants
57. The authority citation for part
1822 continues to read as follows:
■
Authority: 42 U.S.C. 1480; 5 U.S.C. 301; 7
CFR 2.23; 7 CFR 2.70.
Subpart G—Rural Housing Site Loan
Policies, Procedures, and
Authorizations
§ 1822.261
[Amended]
58. Amend § 1822.261 by removing
‘‘assistance to FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development (RD)’’ in its
place and removing ‘‘with an FmHA or
its successor agency under Public Law
103–354 employee’’ and adding ‘‘with
an RD employee’’ in its place.
■
§ 1822.264
[Amended]
59. Amend § 1822.264(b) by removing
‘‘The Farmers Home Administration
(FmHA) or its successor agency under
Public Law 103–354’’ and adding
‘‘RHS’’ in its place.
■
§ 1822.265
[Amended]
60. Amend § 1822.265(a) by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’.
■
§ 1822.266
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[Amended]
62. Amend § 1822.267 by:
a. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘RD’’ in its
place;
■
■
VerDate Sep<11>2014
§ 1822.268
[Amended]
63. Amend § 1822.268(a) by:
a. Removing ‘‘charged by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘charged by Rural
Development’’ in its place;
■ b. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ c. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘RD office’’ in its
place.
■
■
[Amended]
61. Amend § 1822.266(e)(4) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place.
■
§ 1822.267
b. In paragraph (d), removing ‘‘using
a form entitled, ‘‘((Rural Housing Site)
Loan to Nonprofit Corporation)’’
available at all FmHA or its successor
agency under Public Law 103–354
offices’’;
■ c. In paragraph (e), removing ‘‘, and
certain information in a guide entitled
‘‘Planning and Developing Building
Sites’’ available at all FmHA or its
successor agency under Public Law
103–354 offices’’;
■ d. In paragraph (h), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place;
■ e. In paragraph (i), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘Rural Development’’ in its
place; and
■ f. In paragraph (k)(2), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place;
■ g. In paragraph (l)(2) introductory text,
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Form RD’’ in its place;
■ h. In paragraph (l)(2)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place;
■ i. In paragraph (l)(4), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ j. In paragraph (l)(5), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding ‘‘The
government’s’’ in its place.
■
20:01 Feb 23, 2015
Jkt 235001
§ 1822.270
[Amended]
64. Amend § 1822.270(a) introductory
text by removing ‘‘FmHA or its
successor agency under Public Law
103–354 loan’’ and adding ‘‘RD’’ in its
place.
■
§ 1822.271
[Amended]
65. Amend § 1822.271 by:
a. In paragraph (b)(3)(ii), removing
‘‘FmHA or its successor agency under
■
■
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Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place and
■ b. In paragraph (e), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs in the
column labeled ‘‘Form No.’’ and adding
‘‘RD’’ in its place.
§ 1822.274
[Amended]
66. Amend § 1822.274 by:
a. In paragraph (b) first sentence,
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354
1927–1 (state), Real Estate Mortgage for
lll,’’ will’’ and adding ‘‘Form RD
3550–14, ‘‘Real Estate Mortgage or Deed
of Trust for (state),’’ will’’ in its place
and in the first paragraph of the quoted
material in the third sentence by
removing ‘‘basis for the FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘basis for Rural
Development’’ in its place; and
■ b. In paragraph (c)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place.
■
■
§ 1822.275
[Amended]
67. Amend § 1822.275(a) by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place.
■
§ 1822.278
[Amended]
68. Amend § 1822.278(g) by:
a. In the first sentence, removing
‘‘Form FmHA or its successor agency
under Public Law 103–354 1927–1
(state), Real Estate lllforlll
(Direct Loan),’’ will’’ and adding ‘‘Form
RD 3550–14, ‘‘Real Estate Mortgage or
Deed of Trust for (state),’’ will’’ in its
place; and
■ b. In the first paragraph of the quoted
material in the third sentence, removing
‘‘basis for the FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘basis for Rural Development’’
in its place.
■
■
PART 1900—GENERAL
69. The authority citation for part
1900 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 7
U.S.C. 6991, et seq.; 42 U.S.C. 1480;
Reorganization Plan No. 2 of 1953 (5 U.S.C.
App.).
§ 1900.1
[Amended]
70. Amend § 1900.1 by:
a. Removing ‘‘the Farmers Home
Administration or its successor Agency
under Public Law 103–354’’ and adding
‘‘Rural Development’’ in its place; and
■ b. Adding ‘‘This subpart is
inapplicable to Farm Service Agency,
Farm Loan Programs.’’ at the end of the
section.
■
■
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§ 1900.2
[Amended]
§ 1900.151
71. Amend § 1900.2 introductory text
and paragraph (g) by removing ‘‘the
Farmers Home Administration or its
successor Agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place.
■
§ 1900.3
[Amended]
72. Amend § 1900.3 by removing ‘‘the
Farmers Home Administration or its
successor Agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place.
■
§ 1900.5
[Amended]
73. Amend § 1900.5 by removing ‘‘the
FmHA or its successor Agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
§ 1900.6
[Amended]
74. Amend § 1900.6(a) and (b) by
removing ‘‘Farmers Home
Administration or its successor Agency
under Public Law 103–354’’ and adding
‘‘Rural Development’’ in its place.
■
§ 1900.7
[Amended]
75. Amend § 1900.7 by removing
‘‘Administrator of the Farmers Home
Administration or its successor agency
under Public Law 103–354’’ and adding
‘‘Under Secretary for Rural
Development’’ in its place.
Subpart C—Applicability of Federal
Law
[Amended]
76. Amend § 1900.101 by:
a. In the introductory text, removing
‘‘Agency’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (a), removing
‘‘Farmers Home Administration (FmHA)
or its successor Agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ c. In paragraph (b), removing ‘‘FmHA
or its successor Agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
§ 1900.102
[Amended]
77. Amend § 1900.102 by removing
‘‘FmHA or its successor Agency under
Public Law 103–354’’ and ‘‘Farmers
Home Administration or its successor
Agency under Public Law 103–354’’
wherever they occur and adding ‘‘Rural
Development’’ in their place.
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■
Subpart D—Processing and Servicing
Rural Development Assistance to
Employees, Relatives, and Associates
78. Revise the heading of Subpart D to
read as set forth above.
■ 79. Revise § 1900.151(a) introductory
text and (b) to read as follows:
■
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§ 1900.152
[Amended]
80. Amend § 1900.152 by:
a. Removing ‘‘FmHA or its successor
Agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ wherever
it occurs in its place in the following
definitions:
■ i. ‘Applicant or borrower’;
■ ii. ‘Assistance’;
■ iii. ‘Employee’; and
■ iv. ‘Recipient’; and
■ b. Removing ‘‘an FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘a Rural
Development’’ in its place in the
definition of ‘Conflict of Interest’.
■ 81. Revise § 1900.153 to read as
follows:
■
■
■
§ 1900.101
General.
(a) The Standards of Ethical Conduct
for Employees of the Executive Branch
requires the maintenance of high
standards of honesty, integrity, and
impartiality by employees. To reduce
the potential for employee conflict of
interest, any processing, approval,
servicing or review activity, including
access through automated information
systems, is conducted only by
authorized Rural Development
employees who:
*
*
*
*
*
(b) No provision of this subpart takes
precedence over individual program
requirements or restrictions relating to
eligibility for Rural Development
assistance to Rural Development
employees, members of families of
employees, close relatives, or business
or close personal associates of
employees.
*
*
*
*
*
Jkt 235001
§ 1900.153 Identifying and reporting an
employee relationship.
(a) Responsibility of applicant. When
an application for assistance is filed, the
processing official asks if there is any
known relationship or association with
a Rural Development employee. The
applicant is required to disclose the
requested information under pertinent
program regulations.
(b) Responsibility of the Rural
Development employee. A Rural
Development employee who knows he
or she is related to or associated with an
applicant or recipient, regardless of
whether the relationship or association
is known to others, is required to notify
the Rural Development official who is
processing or servicing the assistance, in
writing. RD Guide Letter 1900–D–1
(available in any RD office) may be used
as the notice. If the appropriate official
is not known, the State Director should
be notified. Regardless of whether the
relationship or association is defined in
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§ 1900.152, if the employee believes
there may be a potential conflict of
interest, the Rural Development official
who is processing or servicing the
assistance may be notified and special
handling requested. An employee’s
request that the case receive special
handling is usually honored.
(c) Responsibility of the Rural
Development official. When any
relationship or association is identified,
the Rural Development official
completes and submits RD Guide Letter
1900–D–2 to the State Director (or
Administrator, under paragraph (e) of
this section or § 1900.155(a)). When
completed, RD Guide Letter 1900–D–3
is returned by the State Director, the
processing official;
(d) Relationship or association
established after application for Rural
Development assistance. If a
relationship or association is established
after an application has been filed or
assistance has been provided, both
recipient and employee are required to
notify the Rural Development official as
described in paragraphs (a) and (b) of
this section.
(e) Relationship or association with a
State Office, Finance Office or National
Office employee. If an identified
relationship or association is with an
employee at a State Office (other than a
State Director), Finance Office or
National Office, the processing/
servicing official completes and submits
RD Guide Letter 1900–D–2 to the State
Director in the normal manner. The
State Director reviews the information,
determines the need for special
handling, designates the processing/
servicing official, completes and
submits RD Guide Letter 1900–D–3 to
the Administrator for written
concurrence. When the Administrator’s
concurrence is received, the State
Director returns completed RD Guide
Letter 1900–D–3 to the original official
who completes the action described in
paragraph (c) of this section.
(f) Relationship or association with a
State Director. If an identified
relationship or association is with a
State Director, the processing/servicing
official completes and submits RD
Guide Letter 1900–D–2 to the
Administrator. The Administrator
reviews, determines the need for special
handling, designates the processing/
servicing official, completes and returns
RD Guide Letter 1900–D–3 to the
original official who completes the
action described in paragraph (c) of this
section.
(g) Change in relationship or
association, status of Rural
Development assistance, or employee’s
duty station. If the relationship or
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association has changed, the application
denied or the assistance otherwise
terminated, or Rural Development
employee’s duty station changed, the
designated processing/servicing official
completes RD Guide Letter 1900–D–2
with the new information and submits
it. The review process takes place as
described in paragraphs (a) through (e)
of this section to determine if
processing/servicing activity may return
to normal or requires another change. If
the assistance is denied or otherwise
terminated, the designated official
notifies the original official.
§ 1900.155
[Amended]
82. Amend § 1900.155(a) by removing
‘‘FmHA or its successor Agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
§ 1900.156
[Amended]
83. Amend § 1900.156(g) by removing
‘‘FmHA or its successor Agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
PART 1901—PROGRAM-RELATED
INSTRUCTIONS
84. The authority citation for part
1901 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42
U.S.C. 1480.
Subpart K—Certificates of Beneficial
Ownership and Insured Notes
§ 1901.501
[Amended]
85. Amend § 1901.501 by removing
‘‘Farmers Home Administration (FmHA)
or its successor Agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■ 86. Revise § 1901.503(a)(2) through
(a)(7), (a)(9), (a)(10), (a)(12), (a)(13),
(a)(15) through (a)(17), (a)(19), and (b)(1)
through (b)(6) to read as follows:
■
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§ 1901.503
Definitions.
(a) * * *
(2) Certificate. A certificate of
beneficial ownership issued by Rural
Development under this subpart.
(3) Director, Finance Office. The
Director or the Insured Loan Officer of
the Finance Office of Rural
Development.
(4) Rural Development. The United
States acting through the Rural Housing
Service, the Rural Utilities Service, or
the Rural Business-Cooperative Service
or their successor agencies.
(5) Finance Office. The office which
maintains the Rural Development
finance records. It is located at 1520
Market Street, St. Louis, Missouri
63103. (Phone: 314–425–4400)
(6) Fixed period. Any time interval
(preceding an option period) during
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which the insured holder is not entitled
to require Rural Development to
purchase the insured note, as specified
in the insurance agreement.
(7) Insurance agreement. The entire
contract evidencing and setting forth the
terms and conditions of Rural
Development insurance of the payment
for the insured note. The insurance
agreement with respect to any particular
loan may be evidenced by Form RD
440–5, ‘‘Insurance Endorsement
(Insured Loan),’’ RD 440–30, ‘‘Insurance
Endorsement (Insure Loans),’’ or any
other form or forms prescribed by the
National Office and executed by an
authorized official of Rural
Development. It may include such
provisions as, for example, an
agreement of Rural Development to
purchase or repurchase the loan, or to
make supplementary payments from the
insurance fund.
*
*
*
*
*
(9) Insured holder. The current owner
of an insured note other than Rural
Development, according to the records
of Rural Development as insurer of the
note.
(10) Insured note. Any promissory
note or bond evidencing an insured loan
regardless of whether it is held by Rural
Development in the insurance fund, by
a private holder, or by Rural
Development as trustee.
*
*
*
*
*
(12) National Office. The
Administrator or other authorized
officer of Rural Development in
Washington, DC.
(13) Option period. Any period during
which the insured holder has the
optional right to require Rural
Development to purchase the insured
note, as specified in the insurance
agreement.
*
*
*
*
*
(15) Private buyer. A buyer of an
insured note other than Rural
Development.
(16) Private holder. An insured holder
other than Rural Development.
(17) Repurchase agreement. A
provision in the insurance agreement
obligating Rural Development to buy the
insured note at the option of the
holders.
*
*
*
*
*
(19) State Director. The State Director
of Rural Development for the State in
which is located the real estate
improved, purchased, or refinanced
with the loan evidenced by the insured
note.
(b) * * *
(1) Reserve bank. The Federal Reserve
Bank of New York (and any other
Federal Reserve Bank which agrees to
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issue securities in book-entry form) as
fiscal agent of the United States acting
on behalf of Rural Development and,
when indicated, acting in its individual
capacity.
(2) Rural Development security. A
certificate representing beneficial
ownership of notes, bonds, debentures,
or other similar obligations held by
Rural Development under the
Consolidated Farm and Rural
Development Act and title V of the
Housing Act of 1949, issued in the form
of a definitive Rural Development
security or a book-entry Rural
Development security.
(3) Definitive Rural Development
security. A Rural Development security
in engraved on printed form.
(4) Book-entry Rural Development
security. A Rural Development security
in the form of an entry made as
prescribed in this subpart on the records
of a Reserve bank.
(5) Pledge. A pledge of, or any other
security interest in, Rural Development
securities as collateral for loans or
advances, or to secure deposits of public
moneys or the performance of an
obligation.
(6) Date of call. The date fixed in the
official notice of call published in the
Federal Register on which Rural
Development will make payment of the
security before maturity in accordance
with its terms.
*
*
*
*
*
§ 1901.504
[Amended]
87. Amend § 1901.504 by removing
‘‘FmHA or its successor Agency under
Public Law 103–354 financing’’ and
adding ‘‘Rural Development financing’’
in its place and by removing ‘‘FmHA or
its successor Agency under Public Law
103–354’s fiscal agents’’ and adding
‘‘Rural Development’s fiscal agents’’ in
its place.
■
§ 1901.505
[Amended]
88. Amend § 1901.505 section heading
and paragraphs (a)(1), (a)(2), and (b) by
removing ‘‘FmHA or its successor
Agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place.
■
§ 1901.506
[Amended]
89. Amend § 1901.506 by:
a. Removing ‘‘FmHA or its successor
Agency under Public Law 103–354’’
each time it appears and adding ‘‘Rural
Development’’ in the following places:
■ i. The section heading;
■ ii. Paragraphs (a)(1), (a)(2), (a)(3);
■ iii. Paragraphs (b)(1) introductory text,
(b)(2), (b)(3), (b)(4), (b)(5);
■ iv. Paragraphs (c)(1) introductory text,
(c)(1)(i), (c)(1)(iv), (c)(2), (c)(3), (c)(4),
(c)(5);
■
■
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v. Paragraphs (d) paragraph heading,
(d)(1), (d)(2);
■ vi. Paragraph (e) paragraph heading
and text;
■ vii. Paragraph (f)(1);
■ viii. Paragraph (g) paragraph heading
and text;
■ ix. Paragraph (h)(1); and
■ b. In paragraph (f)(2), removing ‘‘the
Farmers Homes Administration or its
successor agency under Public Law
103–354’’ and ‘‘Farmers Homes
Administration or its successor agency
under Public Law 103–354’’ and adding
‘‘Rural Development’’ in their place.
■ 90. Amend § 1901.507 by:
■ a. Revising the section heading to read
as set forth below;
■ b. In paragraphs (b)(1) and (b)(3),
removing ‘‘FmHA or its successor
Agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ c. In paragraph (c)(1), removing
‘‘FmHA or its successor Agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ d. In paragraph (d)(1), removing
‘‘FmHA or its successor Agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place;
■ e. Removing in paragraph (d)(2)
‘‘Farmers Home Administration or its
successor Agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ f. In paragraph (d)(3), removing
‘‘FmHA or its successor Agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place; and
■ g. Revising paragraph (e) to read as
follows:
■
§ 1901.507 Certificates of beneficial
ownership by the Rural Development
Finance Office.
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*
*
*
*
*
(e) Assignments. Assignments of
certificates should be executed by the
owner or the owner’s authorized
representative in the presence of an
officer authorized to certify
assignments. Registered certificates may
be assigned to a specified transferee or
to Rural Development for redemption or
for exchange for other certificates
offered at maturity. Assignments to
‘‘United States, Rural Development,’’
‘‘Farmers Home Administration for
Transfer,’’ or ‘‘Rural Development for
Exchange’’ will not be accepted unless
supplemented by specific instructions
by or in behalf of the owner. If an
alteration or erasure has been made in
an assignment, a new assignment from
the assignor should be obtained.
Otherwise, an affidavit or explanation
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by the person responsible for the
alteration or erasure should be
submitted for consideration.
*
*
*
*
*
§ 1901.508
[Amended]
91. Amend § 1901.508 by:
a. In the introductory text and in
paragraphs (a)(1) through (a)(4),
removing ‘‘FmHA or its successor
Agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (b)(1)(i), removing
‘‘Form FmHA or its successor Agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place;
■ c. In paragraph (b)(2), removing
‘‘FmHA or its successor Agency under
Public Law 103–354 is requested’’ and
adding ‘‘Rural Development is
requested’’ in its place and removing
‘‘Form FmHA or its successor Agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place;
■ d. In paragraph (b)(3), removing
‘‘Form FmHA or its successor Agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘made to FmHA or its successor Agency
under Public Law 103–354’’ and adding
‘‘made to Rural Development’’ in its
place;
■ e. In paragraph (b)(4):
■ i. Removing ‘‘Form FmHA or its
successor Agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ ii. Removing ‘‘records of FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘records of Rural
Development’’ in its place; and
■ iii. Removing ‘‘by FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place;
■ f. In paragraph (b)(5):
■ i. Removing ‘‘by FmHA or its
successor Agency under Public Law
103–354’’ wherever it occurs and adding
‘‘by Rural Development’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ iii. Removing ‘‘However, FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘However, Rural
Development’’ in its place; and
■ g. In the heading to paragraph (c) and
in paragraphs (c)(1) introductory text,
(c)(2), and (d), removing ‘‘FmHA or its
successor Agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place.
■
■
§ 1901.509
[Amended]
92. Amend § 1901.509 by:
a. In paragraph (a), removing ‘‘FmHA
or its successor Agency under Public
■
■
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9869
Law 103–354’s’’ wherever it occurs and
adding ‘‘Rural Development’s’’ in its
place;
■ b. In paragraphs (b) introductory text,
(b)(1) introductory text, and (b)(1)(iii),
removing ‘‘FmHA or its successor
Agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ c. In paragraph (b)(5):
■ i. Removing ‘‘and FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘and Rural
Development’’ in its place;
■ ii. Removing ‘‘to FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘to Rural
Development’’ in its place; and
■ iii. Removing ‘‘by FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place; and
■ d. In paragraph (b)(6), removing ‘‘the
Farmers Home Administration or its
successor Agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ e. In paragraph (d), removing ‘‘FmHA
or its successor Agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
PART 1902—SUPERVISED BANK
ACCOUNTS
93. The authority citation for part
1902 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 7
U.S.C. 6991, et seq.; 42 U.S.C. 1480;
Reorganization Plan No. 2 of 1953 (5 U.S.C.
App.).
Subpart A—Supervised Bank
Accounts of Loan, Grant, and Other
Funds
§ 1902.1
[Amended]
94. Amend § 1902.1 introductory text
by adding at the end of the section
‘‘This subpart is inapplicable to Farm
Service Agency, Farm Loan Programs.’’
■
§ 1902.4
[Amended]
95. Amend § 1902.4 by:
a. In paragraph (a)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘government’’ in its place; and
■ b. In paragraph (b)(2):
■ i. Removing ‘‘the FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
Agency under Public Law 103–354
will’’ and adding ‘‘Rural Development
will’’ in its place; and
■ iii. Removing ‘‘Form FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place.
■
■
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[Amended]
§ 1902.10
[Amended]
97. Amend § 1902.10 by:
a. In paragraph (b), removing ‘‘FmHA
or its successor Agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ b. In paragraph (c), removing ‘‘Form
FmHA or its successor Agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place.
■
■
§ 1902.15
98. Amend § 1902.15 by:
a. In the introductory text:
i. Removing ‘‘When FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘When Rural
Development’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ iii. Removing ‘‘FmHA or its successor
Agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place.
■ b. In paragraphs (a) and (c)(1)(i)
introductory text, removing ‘‘FmHA or
its successor Agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ c. In paragraph(c)(1)(i)(B), removing
‘‘FmHA or its successor Agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in their place;
■ d. In paragraph (c)(1)(i)(C), removing
‘‘FmHA or its successor Agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place;
■ e. In paragraph (c)(1)(ii):
■ i. Removing ‘‘FmHA or its successor
Agency under Public Law 103–354
indebtedness’’ and adding ‘‘Rural
Development indebtedness’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
Agency under Public Law 103–354
borrower’’ and adding ‘‘Rural
Development borrower’’ in its place;
and
■ iii. Removing ‘‘the FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ f. In paragraphs (c)(1)(iii) and (c)(2)(i),
removing ‘‘FmHA or its successor
Agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
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■
[Amended]
99. Amend § 1902.16 by:
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PART 1910—GENERAL
100. The authority citation for part
1910 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42
U.S.C. 1480.
Subpart B—Credit Reports
100. Section 1910.51 is revised to read
as follows:
■
[Amended]
■
■
■
§ 1902.16
a. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354s’’ and adding ‘‘Rural
Development’’ in its place; and
■ b. In paragraph (d) by removing ‘‘of
FmHA or its successor agency under
Public Law 103–354’s’’ and adding ‘‘due
to Rural Development’’ in its place.
■
96. Amend § 1902.9 in the heading of
paragraph (a) by removing ‘‘FmHA or its
successor Agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
Jkt 235001
§ 1910.51
Purpose.
This subpart prescribes the policies
and procedures of Rural Development
for individual and joint type credit
reports. Credit reports will be ordered to
determine the eligibility of applicants
requesting Rural Development loans. A
nonrefundable fee will be charged the
applicant. This subpart is inapplicable
to Farm Service Agency, Farm Loan
Programs.
Subpart C—Commercial Credit
Reports
101. Revise the first sentence of
§ 1910.101 to read as follows:
■
§ 1910.101
Preface.
This subpart (§§ 1910.101 through
1910.150) describes the procedure to be
used by Rural Development in obtaining
commercial credit reports. * * *
PART 1924—CONSTRUCTION AND
REPAIR
102. The authority citation for part
1924 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42
U.S.C. 1480.
Subpart A—Planning and Performing
Construction and Other Development
§ 1924.1
[Amended]
103. Amend § 1924.1 by removing
‘‘Farmers Home Administration (FmHA)
or its successor agency under Public
Law 103–354’’ and adding ‘‘Agency’’ in
its place.
■
§§ 1924.3, 1924.4, 1924.5, 1924.6, 1924.8,
1924.9, 1924.10, and 1924.13 [Amended]
102. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and add ‘‘Agency’’ in
its place in the following places:
■ a. Section 1924.3;
■ b. Section 1924.4(d), (f), and (p);
■
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c. Section 1924.5(d)(1) introductory
text wherever it occurs, (d)(1)(iv),
(d)(1)(v), (f)(1)(i), (f)(1)(iii)(C)(4),
(f)(2)(iii), (f)(2)(xii) wherever it occurs,
(g)(3), and (i)(4);
■ d. Section 1924.6(a)(6), (a)(8),
(a)(10)(ii) wherever it occurs, and
(a)(11)(iv);
■ e. Section 1924.8(e);
■ f. Section 1924.9(b)(7);
■ g. Section 1924.10(c)(1) wherever it
occurs; and
■ h. Section 1924.13(a) introductory
text, (a)(1), (a)(3), (a)(5)(i)(B) wherever it
occurs, (a)(5)(ii)(C), (a)(5)(vi), (b)(2)(v),
(e)(1) introductory text wherever it
occurs, (e)(1)(iii)(B)(2), (e)(2)(i)(B),
(e)(2)(ii)(A), and (e)(2)(vii).
■
§§ 1924.5, 1924.6, 1924.9, 1924.10, 1924.11,
1924.12, and 1924.13 [Amended]
103. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and add ‘‘RD’’ in its
place in the following places:
■ a. Section 1924.5(b) wherever it
occurs, (f)(1)(iii)(F), (f)(2)(i), (g)(1)
introductory text, and (g)(2);
■ b. Section 1924.6(a)(10)(iv) wherever
it occurs, (a)(11)(iii), (a)(12)(ii),
(a)(12)(iii) wherever it occurs,
(a)(12)(v)(A), (a)(12)(vi)(C)(2)(i),
(a)(12)(vi)(C)(2)(ii), (b)(3)(i) wherever it
occurs, (b)(3)(ii)(C), and (b)(3)(ii)(G);
■ c. Section 1924.9(c) wherever it
occurs;
■ d. Section 1924.10(a)(4), (c)(2)(i), and
(c)(2)(ii);
■ e. Section 1924.11(c);
■ f. Section 1924.12(a), (d)(1), and
(d)(2); and
■ g. Section 1924.13(e)(1)(ii)
introductory text wherever it occurs and
(e)(2)(x).
■
§§ 1924.4, 1924.5, 1924.6, 1924.9, and
1924.13 [Amended]
104. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and add ‘‘the
Agency’’ in its place in the following
places:
■ a. Section 1924.4(h)(1), (h)(8), and (n);
■ b. Section 1924.5(d)(1)(i)(E)(1),
(f)(1)(ii), (f)(1)(iii)(C), (f)(2) introductory
text, (f)(2)(vii), and (f)(2)(viii);
■ c. Section 1924.6(a)(2)(vi),
(a)(3)(iii)(B), (a)(3)(iv)(D), (a)(3)(iv)(F),
(a)(11)(iv) wherever it occurs,
(a)(12)(v)(C) wherever it occurs,
(a)(12)(vi)(C)(1)(ii), and (b)(3)(ii)(F);
■ d. Section 1924.9(d) and (e); and
■ e. Section 1924.13(a)(5)(i)(F),
(a)(5)(iii)(C), (b)(2) wherever it occurs,
(e)(1)(i)(D), (e)(1)(i)(E), (e)(1)(iii)(B)(3),
(e)(1)(vi)(A) wherever it occurs,
(e)(1)(vii)(A)(4), (e)(1)(vii)(B)(3),
(e)(2)(i)(D), (e)(2)(ii)(C), (e)(2)(iii)(C),
(e)(2)(ix)(A) wherever it occurs, and
(e)(2)(ix)(B).
■
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§ 1924.5
[Amended]
105. Amend § 1924.5 by:
a. In paragraph (d)(1)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place;
■ b. In paragraph (f) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘the Agency’s’’ in its place;
■ c. In paragraph (f)(1)(iii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘The
Agency’’ in its place;
■ d. In paragraph (f)(2)(iii):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 for’’
and adding ‘‘Agency for’’ in its place;
■ ii. Removing ‘‘that FmHA or its
successor agency under Public Law
103–354 will’’ and adding ‘‘the Agency
will’’ in its place; and
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ e. In paragraph (h) introductory text:
■ i. Removing ‘‘of FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘of the Agency’’
in its place; and
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
forms’’ and adding ‘‘RD forms’’ in its
place; and
■ f. in paragraph (i)(5), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘The
Agency’’ in its place.
■
■
§ 1924.6
[Amended]
106. Amend § 1924.6 by:
a. In paragraph (a)(1), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place and removing
‘‘(including FmHA or its successor
agency under Public Law 103–354)’’ and
adding ‘‘(including the Agency)’’ in its
place;
■ b. In paragraph (a)(3)(ii), removing
‘‘(including FmHA or its successor
agency under Public Law 103–354)’’ and
adding ‘‘(including the Agency)’’ in its
place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 will be’’ and adding ‘‘The
Agency will be’’ in its place;
■ c. In paragraph (a)(3)(iii)(A):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
prior’’ and adding ‘‘the Agency prior’’ in
its place;
■ ii. Removing ‘‘the owner and FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘the owner
and the Agency’’ in its place;
■ iii. Removing ‘‘by FmHA or its
successor agency under Public Law
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103–354’’ and adding ‘‘by the Agency’’
in its place; and
■ iv. Removing ‘‘all FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘all Agency’’ in
its place.
■ d. In paragraph (a)(11)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354 employee’’ and
adding ‘‘Agency employee’’ in its place
and removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ e. In paragraph (a)(12)(v)(B), removing
‘‘provide FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘provide the Agency’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
official’’ wherever it occurs and adding
‘‘Agency official’’ in its place;
■ f. In paragraph (a)(12)(vi)(B):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 loan’’
and adding ‘‘Agency loan’’ in its place;
■ ii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘by the Agency’’ in its place;
■ iii. Removing ‘‘of FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘of the Agency’’
in its place; and
■ iv. Removing ‘‘the owner and FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘the owner
and the Agency’’ in its place; and
■ g. In paragraph (a)(12)(vi)(C)
introductory text:
■ i. Removing ‘‘the FmHA or its
successor agency under Public Law
103–354 loan’’ and adding ‘‘Agency
loan’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘the Agency will’’ in its
place; and
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place.
§ 1924.9
[Amended]
107. Amend § 1924.9 by:
a. In paragraph (a):
i. Removing ‘‘Rural Development
office’’ and adding ‘‘Agency office’’ in
its place;
■ ii. Removing ‘‘RHS or its successor
agency under Public Law 103–354
inpections’’ wherever it occurs and
adding ‘‘Agency inspections’’ in its
place; and
■ iii. Removing ‘‘RHS or its successor
agency under Public Law 103–354 has’’
and adding ‘‘the Agency has’’ in its
place; and
■ b. In paragraph (b)(2), removing ‘‘the
FmHA or its successor agency under
■
■
■
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Public Law 103–354’’ and adding
‘‘Agency’’ in its place.
§ 1924.10
[Amended]
108. Amend § 1924.10(a)(3) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’s
security’’ and adding ‘‘the Agency’s
security’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 security’’ and
adding ‘‘Agency security’’ in its place.
■
§ 1924.12
[Amended]
109. Amend § 1924.12 by:
a. In paragraph (b):
i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ ii. Removing ‘‘the owner and FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘the owner
and the Agency’’ in its place; and
■ iii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by the Agency’’
in its place;
■ b. In paragraph (c), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place and removing ‘‘FmHA
or its successor agency under Public
Law 103–354 office’’ and adding
‘‘Agency office’’ in its place; and
■ c. In paragraph (d)(4), removing
‘‘notifies FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘notifies the Agency’’ in its place and
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Form RD’’ in its place.
■
■
■
§ 1924.13
[Amended]
110. Amend § 1924.13 by:
a. In paragraph (a)(4)(iii), removing
‘‘The Farmers Home Administration or
its successor agency under Public Law
103–354’’ and adding ‘‘The Agency’’ in
its place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 Approval Official’’ and adding
‘‘Agency Approval Official’’ in its place;
■ b. In paragraph (e)(1)(ii)(F):
■ i. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘to the Agency’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
regulations’’ and adding ‘‘Agency
regulations’’ in its place;
■ c. In paragraph (e)(1)(ii)(G), removing
‘‘FmHA or its successor agency under
Public Law 103–354 offices’’ and adding
■
■
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‘‘Agency offices’’ in its place, and
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Form
RD’’ in its place;
■ d. In paragraph (e)(1)(ii)(H), removing
‘‘The Farmers Home Administration or
its successor agency under Public Law
103–354’’ and adding ‘‘The Agency’’ in
its place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 Official’’ and adding ‘‘Agency
Official’’ in its place;
■ e. In paragraph (e)(1)(iv):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
with’’ and adding ‘‘the Agency with’’ in
its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
offices’’ and adding ‘‘Agency offices’’ in
its place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
personnel’’ and adding ‘‘Agency
personnel’’ in its place;
■ f. In paragraph (e)(1)(v) introductory
text:
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ wherever it occurs and adding
‘‘Agency office’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘the Agency will’’ in its
place;
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
contractor’’ and adding ‘‘Agency
contractor’’ in its place;
■ v. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
contracts’’ and adding ‘‘Agency
contracts’’ in its place; and
■ vi. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
personnel’’ and adding ‘‘Agency
personnel’’ in its place;
■ g. In paragraph (e)(1)(v)(A), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘to FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘to
the Agency’’ in its place;
■ h. In paragraph (e)(1)(v)(B):
■ i. Removing ‘‘the owner and FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘the owner and
the Agency’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
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103–354’’ and adding ‘‘Form RD’’ in its
place;
■ iii. Removing ‘‘prior to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘prior to the
Agency’’ in its place; and
■ iv. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by the Agency’’
in its place;
■ i. In paragraph (e)(1)(v)(C):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ ii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by the Agency’’
in its place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Agency office’’ in
its place;
■ j. In paragraph (e)(1)(v)(D), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 regulations’’ and
adding ‘‘Agency regulations’’ in its
place;
■ k. In paragraph (e)(1)(v)(E):
■ i. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by the Agency’’
in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
reserves’’ and adding ‘‘The Agency
reserves’’ in its place;
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ iv. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘to the Agency’’ in its place;
■ l. In paragraph (e)(1)(v)(G):
■ i. Removing ‘‘Forms FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Forms RD’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
1944–31’’ and adding ‘‘RD 1944–31’’ in
its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ wherever it occurs and adding
‘‘Agency office’’ in its place;
■ m. In paragraph (e)(1)(v)(I):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
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ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Agency office’’ in
its place;
■ n. In paragraph (e)(1)(vi) introductory
text, removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 as shown’’ and
adding ‘‘the Agency as shown’’ in its
place;
■ o. In paragraph (e)(2)(i)(G), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘by FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘by the Agency’’ in its place;
■ p. In paragraph (e)(2)(i)(H), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘to FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘to
the Agency’’ in its place;
■ q. In paragraph (e)(2)(viii)
introductory text:
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Agency office’’ in
its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
contractor’’ and adding ‘‘Agency
contractor’’ in its place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
contracts’’ and adding ‘‘Agency
contracts’’ in its place;
■ r. In paragraph (e)(2)(viii)(A):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
regulations’’ and adding ‘‘Agency
regulations’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
reserves’’ and adding ‘‘The Agency
reserves’’ in its place;
■ iv. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘to the Agency’’
in its place;
■ v. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
■
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office’’ and adding ‘‘Agency office’’ in
its place; and
■ vi. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by the Agency’’
in its place;
■ s. In paragraph (e)(2)(viii)(B):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
must’’ and adding ‘‘the Agency must’’ in
its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ iii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by the Agency’’
in its place;
■ t. In paragraph (e)(2)(viii)(D):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Agency office’’ in
its place; and
■ u. In paragraph (e)(2)(ix):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
District’’ and adding ‘‘Agency District’’
in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ iii. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘to the Agency’’
in its place;
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Representative’’ and adding ‘‘Agency
Representative’’ in its place; and
■ v. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 does
not’’ and adding ‘‘the Agency does not’’
in its place.
Exhibit B to Subpart A [Amended]
111. Amend Exhibit B to Subpart A of
Part 1924 by:
■ a. In the introductory text:
■ i. Removing ‘‘of FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘of the Agency’’
in its place;
■ ii. Removing ‘‘Farmers Home
Administration (FmHA) or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place; and
■ iii. Removing ‘‘an FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘an Agency’’ in
its place;
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■
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b. In paragraph I.B, removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Agency’’ in
its place;
■ c. In paragraph III.B:
■ i. Removing ‘‘an FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘an Agency’’ in
its place;
■ ii. Removing ‘‘local FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘local Agency’’ in its place; and
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ d. In paragraph IV, removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘the Agency’’
in its place;
■ e. In paragraph V introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place;
■ f. In paragraph V.D introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘the Agency’’ in its place;
■ g. In paragraph V.E, removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Agency’’ in
its place;
■ h. In paragraph V.H, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place;
■ i. In paragraph V.J, removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Agency’’ in
its place;
■ j. In paragraph VI.A introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place;
■ k. In paragraph VI.A.3, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place;
■ l. In paragraph VII.C introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place;
■ m. In paragraph IX, removing ‘‘FmHA
or its successor agency under Public
Law 103–354 will’’ and adding ‘‘The
Agency will’’ in its place and removing
‘‘of the FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘of the Agency’’ in its place;
■ n. In paragraph X.B, removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Agency’’ in
its place;
■ o. In paragraph X.C, removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Agency’’ in
its place;
■ p. In Attachment 1 to Exhibit B by:
■
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i. In the introductory text, removing
‘‘Farmers Home Administration (FmHA)
or its successor agency under Public
Law 103–354’’ and adding ‘‘Agency’’ in
its place and removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Agency’’ in its
place;
■ ii. In paragraph A.10, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place; and
■ iii. In paragraph B.4(c), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘U.S.
Department of Agriculture,’’ in its place;
■ q. In Attachment 2 to Exhibit B by:
■ i. In the second introductory
paragraph, removing ‘‘Farmers Home
Administration (FmHA) or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place;
■ ii. In paragraph 2, removing ‘‘by
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘by
the Agency’’ in its place;
■ iii. In paragraph 3, removing ‘‘local
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘local
Agency’’ in its place;
■ iv. In paragraph 3, removing ‘‘FmHA
or its successor agency under Public
Law 103–354 Instruction’’ and adding
‘‘RD Instruction’’ in its place;
■ v. In paragraph 3, removing ‘‘FmHA
or its successor agency under Public
Law 103–354 Thermal’’ and adding
‘‘Agency Thermal’’ in its place;
■ vi. In paragraph 6 and the second
undesginated concluding paragraph,
removing ‘‘FmHA or its successor
agency under Public Law 103–354
personnel’’ and adding ‘‘RD personnel’’
in its place;
■ vii. In paragraph 6, removing ‘‘FmHA
or its successor agency under Public
Law 103–354 State’’ and adding
‘‘Agency State’’ in its place; and
■ viii. In paragraph 6, removing ‘‘FmHA
or its successor agency under Public
Law 103–354 inspection’’ and adding
‘‘RD inspection’’ in its place; and
■ r. In Attachment 5 to Exhibit B by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding
‘‘Agency’’ in its place.
■
Exhibit C to Subpart A [Amended]
112. Amend Exhibit C to Subpart A of
Part 1924 by:
■ a. In paragraphs II.A introductory text
and V.B introductory text, removing
‘‘any FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘any Agency’’ in its
place;
■ b. In paragraphs IV introductory text
and IV.A introductory text, removing
■
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‘‘Form FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Form RD’’ in its
place; and
■ c. In paragraph IV.A.1, removing
‘‘FmHA or its successor agency under
Public Law 103–354 form’’ and adding
‘‘RD form’’ in its place.
Exhibit D to Subpart A [Amended]
■ 113. Amend Exhibit D to Subpart A of
Part 1924 by removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Agency’’ in its place in the following
places:
■ a. Paragraph IV.A;
■ b. Paragraph IV.C.1.a;
■ c. Paragraph IV.C.1.b;
■ d. Paragraph IV.C.2.b; and
■ e. Paragraph V.A.
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Exhibit H to Subpart A [Amended]
■ 114. Amend Exhibit H to Subpart A of
Part 1924 by:
■ a. In paragraph II, removing ‘‘Farmers
Home Administration (FmHA) or its
successor agency under Public Law
103–354’’ and adding ‘‘Agency’’ in its
place;
■ b. In paragraph IV.B, removing
‘‘FmHA or its successor agency under
Public Law 103–354 requires’’ and
adding ‘‘the Agency requires’’ in its
place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 County’’ and adding ‘‘Agency
County’’ in its place;
■ c. In paragraph IV.C, removing
‘‘FmHA or its successor agency under
Public Law 103–354 requires’’ and
adding ‘‘the Agency requires’’ in its
place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 County’’ and adding ‘‘Agency
County’’ in its place;
■ d. In paragraph IV.D, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Agency’’ in its place; and
■ e. In paragraph IV.E, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place.
Exhibit I to Subpart A [Amended]
■ 115. Amend Exhibit I to Subpart A of
Part 1924 by:
■ a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘the
Agency’’ in its place in the following
places:
■ i. Paragraph 300–3; and
■ ii. Paragraph 302–2.5; and
■ b. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding
‘‘Agency’’ in its place in the following
places:
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■
■
i. Paragraph 302–2.3;
ii Paragraph 303–1.
Exhibit J to Subpart A [Amended]
■ 116. Amend Exhibit J to Subpart A of
Part 1924, Part A by:
■ a. In Section I:
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
field’’ and adding ‘‘Agency field’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
housing’’ and adding ‘‘Agency housing’’
in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 may’’
and adding ‘‘The Agency may’’ in its
place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘The Agency will’’ in its
place;
■ b. In Section II introductory text by:
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 has’’
and adding ‘‘The Agency has’’ in its
place;
■ ii. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘to the Agency’’
in its place; and
■ iii. Removing ‘‘of FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘of Agency’’ in its
place;
■ c. In Section II.B:
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
field’’ and adding ‘‘Agency field’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 loan’’
and adding ‘‘Agency loan’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354/
MPS’’ and adding ‘‘Agency/MPS’’ in its
place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 in
that’’ and adding ‘‘the Agency in that’’
in its place;
■ d. In Section III:
■ i. In the definition of ‘Manufactured
Home’’ removing ‘‘FmHA or its
successor agency under Public Law
103–354’s’’ and adding ‘‘the Agency’s’’
in its place; and
■ ii. In the definition of ‘Permanent
Perimeter Enclosure’ removing ‘‘FmHA
or its successor agency under Public
Law 103–354 adopted’’ and adding
‘‘Agency adopted’’ in its place;
■ e. In Section IV, removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘the Agency’’ in
its place;
■ f. In Section V:
■ i. In the introductory text, removing
‘‘by FmHA or its successor agency
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under Public Law 103–354’’ and adding
‘‘by the Agency’’ in its place;
■ ii. In Section V.2, removing ‘‘by
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘by
the Agency’’ in its place and removing
‘‘to FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘to
the Agency’’ in its place; and
■ iii. In Section V.2.B introductory text,
removing ‘‘by FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘by the Agency’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
regulations’’ and adding ‘‘Agency
regulations’’ in its place;
Exhibit J to Subpart A [Amended]
117. Amend Exhibit J to Subpart A of
Part 1924, Part B by:
■ a. In Section I.C removing ‘‘FmHA or
its successor agency under Public Law
103–354’s’’ and adding ‘‘the Agency’s’’
in its place;
■ b. In Section I.I, removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘Agency’’ in its
place;
■ c. In Section II.A introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354/
MPS’’ and adding ‘‘Agency/MPS’’ in its
place and removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘to the Agency’’
in its place;
■ d. In Section II.A.1, removing ‘‘FmHA
or its successor agency under Public
Law 103–354/MPS’’ and adding
‘‘Agency/MPS’’ in its place and
removing ‘‘to FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘to the Agency’’ in its place;
■ e. In Section II.A.2, removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Agency’’ in
its place;
■ f. In Section II.A.4, removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Agency’’ in
its place;
■ g. In Section II.A.6, removing ‘‘FmHA
or its successor agency under Public
Law 103–354 adopted’’ and adding
‘‘Agency adopted’’ in its place and
removing ‘‘to FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘to the Agency’’ in its place;
■ h. In Section II.A.8, removing ‘‘FmHA
or its successor agency under Public
Law 103–354’s’’ and adding ‘‘the
Agency’s’’ in its place;
■ i. In Section II.C.1, removing ‘‘FmHA
or its successor agency under Public
Law 103–354/MPS’’ wherever it occurs
and adding ‘‘Agency/MPS’’ in its place;
■ j. In Section II.C.2, removing ‘‘FmHA
or its successor agency under Public
■
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Law 103–354/MPS’’ and adding
‘‘Agency/MPS’’ in its place;
■ k. In Section III.A, removing ‘‘FmHA
or its successor agency under Public
Law 103–354/MPS’’ and adding
‘‘Agency/MPS’’ in its place;
■ l. In Section III.C, removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘Agency’’ in its
place;
■ m. In Section IV.A.1, removing
‘‘FmHA or its successor agency under
Public Law 103–354/MPS’’ and adding
‘‘Agency/MPS’’ in its place; and
■ n. In Section IV.C.2, removing ‘‘FmHA
or its successor agency under Public
Law 103–354/MPS’’ and adding
‘‘Agency/MPS’’ in its place and
removing ‘‘by FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘by the Agency’’ in its place;
Exhibit J to Subpart A [Amended]
118. Amend Exhibit J to Subpart A of
Part 1924, Part C by:
■ a. In Section I introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘the Agency’’ in its place;
■ b. In Section I.B, removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Agency’’ in its place;
■ c. In Section I.C:
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
County’’ and adding ‘‘Agency County’’
in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354/
MPS’’ and adding ‘‘Agency/MPS’’ in its
place; and
■ iii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by the Agency’’
in its place; and
■ d. In Section V.A, removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place.
■
Exhibit J to Subpart A [Amended]
119. Amend Exhibit J to Subpart A of
Part 1924, Part D, Inspection of
Development Works, Section II.D by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘the Agency’s’’ in its place.
■
Exhibit K to Subpart A [Amended]
120. Amend Exhibit K to Subpart A of
Part 1924 by:
■ a. In Section I, removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘the Agency’’ in
its place;
■ b. In Section II, removing ‘‘FmHA or
its successor agency under Public Law
103–354’s’’ wherever it occurs and
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■
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adding ‘‘the Agency’s’’ in its place and
removing ‘‘between FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘between the
Agency’’ in its place; and
■ c. In Section III, removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘the Agency’’ in
its place.
Exhibit L to Subpart A [Amended]
121. Amend Exhibit L to Subpart A of
Part 1924 by:
■ a. In Section I introductory text,
removing ‘‘Farmers Home
Administration (FmHA) or its successor
agency under Public Law 103–354’’ and
adding ‘‘the Agency’’ in its place;
■ b. In Section I.A, removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘the Agency’’ in
its place;
■ c. In Section I.B, removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘the Agency’’ in
its place;
■ d. In Section I.C, removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘the Agency’’ in
its place;
■ e. In Section II.B, removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘the Agency’’ in its place;
■ f. In Section III.E, removing ‘‘if FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘if the
Agency’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 inspections’’
wherever it occurs and adding ‘‘Agency
inspections’’ in its place;
■ g. In Section IV.A(6), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place;
■ h. In Section IV.B(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place;
■ i. In Section IV.B(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place; and
■ j. In Attachment 1, removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘the Agency’’
in its place.
■
Subpart C—Planning and Performing
Site Development Work
§§ 1924.103 and 1924.119
[Amended]
122. Amend §§ 1924.103 and
1924.119 by removing ‘‘FmHA’’ and
adding ‘‘RD’’ in its place and by
removing ‘‘(available in any RHS field
office)’’ wherever it occurs.
■
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Subpart F—Complaints and
Compensation for Construction
Defects
§ 1924.251
[Amended]
123. Amend § 1924.251 by removing
‘‘Farmers Home Administration (FmHA)
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
§§ 1924.252, 1924.253, 1924.258, 1924.260,
1924.261, 1924.262, 1924.265, 1924.266,
1924.274, and 1924.276 [Amended]
124. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and add ‘‘Rural
Development’’ in its place in the
following places:
■ a. Section 1924.252;
■ b. Section 1924.253;
■ c. Section 1924.258;
■ d. Section 1924.260;
■ e. Section 1924.261;
■ f. Section 1924.262;
■ g. Section 1924.265;
■ h. Section 1924.266;
■ i. Section 1924.274; and
■ j. Section 1924.276.
■
§ 1924.259
[Amended]
125. Amend § 1924.259 by:
a. In paragraph (a), removing ‘‘a
format specified by FmHA or its
successor agency under Public Law
103–354 (available in any FmHA or its
successor agency under Public Law
103–354 office)’’ and adding ‘‘a Rural
Development approved format’’ in its
place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 will’’ and adding ‘‘Rural
Development will’’ in its place;
■ b. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 using a format specified
by FmHA or its successor agency under
Public Law 103–354 (available in any
FmHA or its successor agency under
Public Law 103–354 office)’’ and adding
‘‘Rural Development using a Rural
Development approved format’’ in its
place;
■ c. In paragraphs (c), (d), and (e)
introductory text, removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place;
■ d. In paragraph (e)(2) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’s
findings’’ and adding ‘‘the findings’’ in
its place; and
■ e. In paragraphs (e)(2)(i), (e)(2)(ii),
(e)(3), and (e)(4), removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place.
■
■
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§ 1924.271
[Amended]
126. Amend § 1924.271 by removing
‘‘to FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘to
Rural Development’’ in its place and by
removing ‘‘(available in any FmHA or
its successor agency under Public Law
103–354 office)’’.
■
§ 1924.273
[Amended]
127. Amend § 1924.273 by removing
‘‘(available in any FmHA or its
successor agency under Public Law
103–354 office)’’.
■
National Office. The National
Headquarters Office of RHS.
*
*
*
*
*
RHS. The Rural Housing Service, an
agency of the United States Department
of Agriculture, or its successor agency.
*
*
*
*
*
State Office. This term refers to the
Rural Development State Director.
*
*
*
*
*
PART 1940—GENERAL
134. The authority citation for part
1940 continues to read as follows:
■
PART 1925—TAXES
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and
42 U.S.C. 1480.
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42
U.S.C. 1480.
Subpart I—Truth in Lending-Real
Estate Settlement Procedures
Subpart C—Planning and Performing
Site Development Work
§ 1940.401
128. The authority citation for part
1925 continues to read as follows:
§ 1925.2
[Amended]
129. Amend § 1925.2 by removing
‘‘Farmers Home Administration (FmHA)
or its successor agency under Public
Law 103–354’’ and adding ‘‘Agency’’ in
its place.
■
§ 1925.3
[Amended]
130. Amend § 1925.3(c) by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place.
■
§ 1925.4
§ 1940.406
[Amended]
131. Amend § 1925.4 by:
a. In paragraph (a), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘Agency’’ in its place; and
■ b. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘RD’’ in its
place.
■
■
PART 1927—TITLE CLEARANCE AND
LOAN CLOSING
132. The authority citation for part
1927 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42
U.S.C. 1480.
Subpart B—Real Estate Title Clearance
and Loan Closing
§ 1927.52
[Amended]
133. Amend § 1927.52 by removing
the definition of ‘‘FSA’’ and revising the
definitions of ‘‘Agency’’, ‘‘National
Office’’, ‘‘RHS’’, and ‘‘State Office’’ to
read as follows:
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■
§ 1927.52
Definitions.
20:01 Feb 23, 2015
[Amended]
136. Amend § 1940.406 by removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Form RD’’ in its
place.
■
Subpart L—Methodology and
Formulas for Allocation of Loan and
Grant Program Funds
§ 1940.551
[Amended]
137. Amend § 1940.551 by:
a. In paragraph (a), removing
‘‘Administrator of the Farmers Home
Administration (FmHA) or its successor
agency under Public Law 103–354’’ and
adding ‘‘Administrator for the Rural
Business-Cooperative Service or the
Administrator for the Rural Housing
Service, as applicable,’’ in its place; and
■ b. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘Rural Development’’ in its
place.
■
■
§§ 1940.552, 1940.557, 1940.578, and
1940.585 [Amended]
138. Amend §§ 1940.552(e),
1940.577(b)(2), 1940.578(k), and
1940.585(g) by removing ‘‘FmHA or its
successor agency under Public Law
■
Agency. The Rural Housing Service
(RHS) or its successor agency.
*
*
*
*
*
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[Amended]
135. Amend § 1940.401 by:
a. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place; and
■ b. In paragraph (d)(4)(iii), removing
‘‘by FmHA or its successor agency
under Public Law 103–354 to the FmHA
or its successor agency under Public
Law 103–354 County Office’’ and
adding ‘‘by Rural Development to the
Rural Development County Office’’ in
its place.
■
■
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103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place.
■ 139. Revise § 1940.560(b)(3) to read as
follows:
§ 1940.560 Guaranteed Rural Rental
Housing Program.
*
*
*
*
*
(b) * * *
(3) State’s percentage of National
average cost per unit. The data source
for the criterion specified in paragraph
(b)(1) of this section is the most recent
decennial Census of the United States
(decennial Census). The data source for
the criterion specified in paragraph
(b)(2) of this section is 5-year income
data from the American Community
Survey (ACS) or, if needed, other
Census Bureau data. The data source for
the criterion specified in paragraph
(b)(3) of this section is the cost per unit
data using the applicable maximum per
unit dollar amount limitations under
section 207(c) of the National Housing
Act, which can be obtained from the
Department of Housing and Urban
Development. The percentage
representing each criterion is multiplied
by the weight assigned and totaled to
arrive at a State factor.
State Factor = (criterion No. 1 ×
weight of 40%) + (criterion No. 1 ×
weight of 40%) + (criterion No. 1 ×
weight of 20%)
*
*
*
*
*
■ 140. In § 1940.563, revise paragraph
(b)(4) and add paragraph (b)(5) to read
as follows:
§ 1940.563 Section 502 non-subsidized
guaranteed Rural Housing (RH) loans.
*
*
*
*
*
(b) * * *
(4) State’s percentage of the national
number of rural renter households
paying more than 35 percent of income
for rent. The data source for each
criterion is specified in paragraph (b)(5)
of this section. Each criterion is
assigned a specific weight according to
its relevance in determining need. The
percentage representing each criterion is
multiplied by the weight factor and
summed to arrive at a basic State factor
(SF) as follows:
SF = (criterion 1 × weight of 30%) +
(criterion 2 × weight of 10%) + (criterion
3 × weight of 30%) + (criterion 4 ×
weight of 30%)
(5) The data source for the criteria
specified in paragraphs (b)(1) and (b)(2)
of this section is the most recent
decennial Census. The data source for
the criteria specified in paragraph (b)(3)
and (b)(4) of this section is 5-year
income data from the American
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Community Survey (ACS) or, if needed,
other Census Bureau data.
*
*
*
*
*
■ 141. In § 1940.564, revise paragraph
(b)(4) and add paragraph (b)(5) to read
as follows:
§ 1940.564 Section 502 subsidized
guaranteed Rural Housing loans.
*
*
*
*
*
(b) * * *
(4) State’s percentage of the national
number of rural renter households
paying more than 35 percent of income
for rent. The data source for each
criterion is specified in paragraph (b)(5)
of this section. Each criterion is
assigned a specific weight according to
its relevance in determining need. The
percentage representing each criterion is
multiplied by the weight factor and
summed to arrive at a basic State factor
(SF) as follows:
SF = (criterion 1 × weight of 30%) +
(criterion 2 × weight of 10%) + (criterion
3 × weight of 30%) + (criterion 4 ×
weight of 30%)
(5) The data source for the criteria
specified in paragraphs (b)(1), (b)(2),
and (b)(4) of this section is the most
recent decennial Census. The data
source for the criterion specified in
paragraph (b)(3) of this section is 5-year
income data from the American
Community Survey (ACS) or, if needed,
other Census Bureau data.
*
*
*
*
*
■ 142. Revise § 1940.566(b)(2) to read as
follows:
§ 1940.566
loans.
Section 504 Housing Repair
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*
*
*
*
*
(b) * * *
(2) State’s percentage of the National
number of rural households below 50
percent of area median income. The
data source for the first criterion is the
most recent decennial Census data. The
data source for the second criterion is 5year income data from the American
Community Survey (ACS) or, if needed,
other Census Bureau data. Each
criterion is assigned a specific weight
according to its relevance in
determining need. The percentage
representing each criterion is multiplied
by the weight factor and summed to
arrive at a basic State factor (SF).
SF = (criterion No. 1 × weight of 50%)
+ (criterion No. 2 × weight of 50%)
*
*
*
*
*
■ 143. Revise § 1940.567(b)(3) to read as
follows:
§ 1940.567
grants.
*
Section 504 Housing Repair
*
*
(b) * * *
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*
*
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(3) State’s percentage of the National
number of rural households below 50
percent of area median income. The
data source for the first two of these
criteria is the most recent decennial
Census data. The data source for the
third criterion is the 5-year data from
the American Community Survey (ACS)
or, if needed, other Census Bureau data.
Each criterion is assigned a specific
weight according to its relevance in
determining need. The percentage
representing each criterion is multiplied
by the weight factor and summed to
arrive at a basic State factor (SF).
SF = (criterion No. 1 × weight of 33
1/3%) + (criterion No. 2 × weight of 33
1/3%) + (criterion No. 3 × weight of 33
1/3%)
*
*
*
*
*
■ 144. Revise § 1940.575(b)(3) to read as
follows:
§ 1940.575 Section 515 Rural Rental
Housing (RRH) loans.
*
*
*
*
*
(b) * * *
(3) State’s percentage of National rural
families with incomes below the
poverty level. The data source for the
first two of these criterion is the most
recent decennial Census data. The data
source for the third criterion is the 5year data from the American
Community Survey (ACS) or, if needed,
other Census Bureau data. Each
criterion is assigned a specific weight
according to its relevance in
determining need. The percentage
representing each criterion is multiplied
by the weight assigned and summed to
arrive at a State factor (SF).
SF = (criterion No. 1 × weight of 33
1/3%) + (criterion No. 2 × weight of 33
1/3%) + (criterion No. 3 × weight of 33
1/3%)
*
*
*
*
*
■ 145. Revise § 1940.585(b)(2) to read as
follows:
§ 1940.585
Community Facility loans.
*
*
*
*
*
(b) * * *
(2) The data source for the first
criterion is the most recent decennial
Census data. The data source for the
second criterion is the 5-year data from
the American Community Survey (ACS)
or, if needed, other Census Bureau data.
The data source for the third criterion is
the most recent Bureau of Labor
Statistics data. Each criterion is assigned
a specific weight according to its
relevance in determining need. The
percentage representing each criterion is
multiplied by the weight factor and
summed to arrive at a State factor (SF).
The SF cannot exceed 0.05.
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SF = (criterion (b)(1)(i) × 50 percent)
+ (criterion (b)(1)(ii) × 25 percent) +
(criterion (b)(1)(iii) × 25 percent)
*
*
*
*
*
■ 146. Amend § 1940.591 by:
■ a. Revising paragraph (b)(2); and
■ b. In paragraph (g), removing
‘‘(available in any FmHA or its
successor agency under Public Law
103–354 office).’’
The revision reads as follows:
§ 1940.591 Community Program
Guaranteed loans.
*
*
*
*
*
(b) * * *
(2) The data source for the first
criterion is the most recent decennial
Census data. The data source for the
second criterion is the 5-year data from
the American Community Survey (ACS)
or, if needed, other Census Bureau data.
The data source for the third criterion is
the most recent Bureau of Labor
Statistics data. Each criterion is assigned
a specific weight according to its
relevance in determining need. The
percentage representing each criterion is
multiplied by the weight factor and
summed to arrive at a State factor (SF).
The SF cannot exceed 0.05.
SF = (criterion (b)(1)(i) × 50 percent)
+ (criterion (b)(1)(ii) × 25 percent) +
(criterion (b)(1)(iii) × 25 percent)
*
*
*
*
*
■ 147. Revise § 1940.592(b)(2) to read as
follows:
§ 1940.592
Community facilities grants.
*
*
*
*
*
(b) * * *
(2) The data source for the first
criterion is the most recent decennial
Census data. The data source for the
second criterion is the 5-year data from
the American Community Survey (ACS)
or, if needed, other Census Bureau data.
Each criterion is assigned a specific
weight according to its relevance in
determining need. The percentage
representing each criterion is multiplied
by the weight factor and summed to
arrive at a State factor (SF).
SF (criterion (b)(1)(i) × 50 percent) +
(criterion (b)(1)(ii) × 50 percent)
*
*
*
*
*
Subpart T—System for Delivery of
Certain Rural Development Programs
§ 1940.951
[Amended]
148. Amend § 1940.951 by:
a. In the introductory text, removing
‘‘Farmers Home Administration (FmHA)
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ b. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
■
■
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Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
§ 1940.953
[Amended]
149. Amend § 1940.953 by:
a. In the definition of ‘Administrator’,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Business—Cooperative
Service, Rural Housing Service, or Rural
Utilities Service’’ in its place; and
■ b. In the defintion of ‘State Director’,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
■
■
§§ 1940.956, 1940.957, 1940.960, and
1940.969 [Amended]
150. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and add ‘‘Rural
Development’’ in its place in the
following places:
■ a. Section 1940.956;
■ b. Section 1940.957(d);
■ c. Section 1940.960(a); and
■ d. Section 1940.969.
■
§ 1940.961
[Amended]
151. Amend § 1940.961 by:
a. In paragraph (a)(1), removing
‘‘FmHA Instruction’’ and adding ‘‘RD
Instruction’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 State’’ and adding
‘‘RD State’’ in its place;
■ b. In paragraph (a)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ c. In paragraph (d)(1), removing
‘‘FmHA Instruction’’ and adding ‘‘RD
Instruction’’ in its place.
■
■
§ 1940.965
[Amended]
152. Amend § 1940.965 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place.
■
§ 1940.968
[Amended]
153. Amend § 1940.968 by:
a. In paragraph (a), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’s’’ and adding ‘‘Rural
Development’s’’ in its place;
■ b. In paragraphs (c) and (d), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ c. In paragraph (h)(4), removing
‘‘FmHA Instruction’’ and adding ‘‘RD
Instruction’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 office’’ and adding
‘‘Rural Development office’’ in its place;
■ d. In paragraph (i)(2)(vii), removing
‘‘FmHA or its successor agency under
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■
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Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ e. In paragraph (i)(3)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ f. In paragraph (i)(3)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ g. In paragraph (i)(3)(iii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ h. In paragraph (i)(3)(iv), removing
‘‘FmHA Instruction’’ and adding ‘‘RD
Instruction’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 office’’ and adding
‘‘Rural Development office’’ in its place;
■ i. In paragraph (j)(2):
■ i. Removing ‘‘Exhibit A (available
from any FmHA or its successor agency
under Public Law 103–354RD State
Office), shall be attached to and become
a permanent part of Form FmHA or its
successor agency under Public Law
103–354 1940–A and the following
paragraphs will appear in the comment
section of that form:’’ and adding
‘‘Exhibit A of this subpart (available
from any Rural Development State
Office) shall be attached to and become
a permanent part of Form RD 1940–1
and the following paragraphs will
appear in the comment section of that
form:’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 7
CFR part 1940’’ and adding ‘‘7 CFR part
1940’’ in its place; and
■ iii. Removing ‘‘approved by FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘approved by
Rural Development’’ in its place;
■ j. In paragraph (j)(4), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Form RD’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354 will
retain’’ and adding ‘‘Rural Development
will retain’’ in its place;
■ k. In paragraph (j)(6), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place; and
■ l. In paragraphs (j)(7) and (l), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
PART 1942—ASSOCIATIONS
Subpart A—Community Facility Loan
§ 1942.1
§ 1942.2
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
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[Amended]
156. Amend § 1942.2:
a. In paragraph (a)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘RD’s’’ in its place;
■ b. In paragraph (a)(2)(iv), removing
‘‘by FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘by RD’’ in its place;
■ c. In paragraph (a)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354 funding’’ and
adding ‘‘Agency funding’’ in its place
and removing ‘‘FmHA or its successor
agency under Public Law 103–354 will
issue’’ and adding ‘‘the Agency will
issue’’ in its place;
■ d. In paragraph (a)(4), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and ‘‘Farmers
Home Administration (FmHA) or its
successor agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in their place;
■ e. In paragraph (c)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘RD’’ in its place; and
■ f. In paragraphs (d) and (e), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place.
■
■
§ 1942.3
[Amended]
157. Amend § 1942.3 by:
a. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ b. Removing ‘‘422–10’’ and adding
‘‘442–10’’ in its place; and
■ c. Removing ‘‘by the FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by the RD’’ in its
place.
■
■
§ 1942.5
154. The authority citation for part
1942 continues to read as follows:
■
[Amended]
155. Amend § 1942.1 by:
a. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’s’’ and adding ‘‘Agency’s’’
in its place;
■ b. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘RD’’ in its
place; and
■ c. In pragraph (d), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘Agency’’ in its place.
■
■
[Amended]
158. Amend § 1942.5 by:
a. In paragraph (a) introductory text,
removing ‘‘Ordinarily FmHA or its
■
■
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successor agency under Public Law
103–354’’ and adding ‘‘The Rural
Development’’ in its place and removing
‘‘by the FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘by the Rural Development’’ in its
place;
■ b. In paragraph (a)(1)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘RD’’ in its place and
removing ‘‘(Public Resolution)’’ and
adding ‘‘(Public Bodies)’’ in its place;
■ c. In paragraph (a)(1)(ii):
■ i. Removing ‘‘approved by FmHA or
its successor agency under Public Law
103–354 by written’’ and adding
‘‘approved by written’’ in its place;
■ ii. Removing ‘‘approved by FmHA or
its successor agency under Public Law
103–354 shall’’ and adding ‘‘approved
by RD shall’’ in its place;
■ iii. Removing ‘‘If FmHA or its
successor agency under Public Law
103–354 makes the loan’’ and adding ‘‘If
(insert agency name) makes the loan’’ in
its place;
■ iv. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ v. Removing ‘‘submitted to FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘submitted to
RD’’ in its place; and
■ vi. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
reserves’’ and adding ‘‘Rural
Development reserves’’ in its place;
■ d. In paragraphs (b)(1)(ii)(E) and (c)(2),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place;
■ e. In paragraph (d) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place and removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place;
■ f. In paragraphs (d)(1) and (d)(2),
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Form
RD’’ in its place;
■ g. In paragraph (d)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Field Office
terminal’’ and adding ‘‘automated
terminal’’ in its place and removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Form RD’’ in its
place;
■ h. In paragraph (d)(5):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
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Field’’ and adding ‘‘Rural Development
Field’’ in its place;
■ ii. Removing ‘‘the Legislative Affairs
and Public Information Staff in the
National Office’’ and adding ‘‘the
Legislative and Public Affairs Staff in
the Rural Development National Office’’
in its place; and
■ iii. Removing ‘‘FmHA Instruction’’
and adding ‘‘RD Instruction’’ in its
place;
■ i. In paragraph (d)(6), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Form RD’’ in its place;
■ j. In paragraph (d)(7) introductory
text, removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 Field’’ and adding ‘‘Rural
Development Field’’ in its place; and
■ k. In paragraph (d)(7)(iii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
§ 1942.6
[Amended]
159. Amend § 1942.6 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place.
■
§ 1942.8
[Amended]
160. Amend § 1942.8:
a. In paragraph (d), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place;
■ b. In paragraph (g), removing ‘‘review
of FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘review of Rural Developments’s’’ in its
place; and
■ c. In paragraph (h), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 personnel’’ and adding
‘‘Rural Development personnel’’ in its
place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 Instruction’’ and adding ‘‘RD
Instruction’’ in its place.
■
■
§ 1942.16
[Amended]
161. Amend § 1942.16 introductory
text by removing ‘‘FmHA Instruction’’
and adding ‘‘RD Instruction’’ in its place
and removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place.
■
§ 1942.17
[Amended]
162. Amend § 1942.17 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
■
■
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place wherever it occurs in the
following places:
■ i. Paragraph (a);
■ ii. Paragraphs (b)(2)(i), (b)(3), and
(b)(4);
■ iii. Paragraphs (c)(1), (c)(2)
introductory text, and (c)(2)(iv)
introductory text;
■ iv. Paragraphs (d)(1)(iv)(B),
(d)(1)(iv)(G) introductory text,
(d)(1)(iv)(G)(2)(ii), (d)(1)(v) introductory
text, (d)(1)(v)(C), and (d)(1)(v)(D);
■ v. Paragraphs (e)(1) introductory text,
(e)(1)(ii), and (e)(4);
■ vi. Paragraph (f)(6);
■ vii. Paragraph (f)(7) introductory text
and (f)(7)(i)(D);
■ viii. Paragraph (g) introductory text;
■ ix. Paragraphs (h) introductory text,
(h)(1)(ii)(B), (h)(2)(ii)(A)(2), (h)(2)(ii)(B),
(h)(2)(iii) introductory text, (h)(2)(iii)(C),
and (h)(3) introductory text;
■ x. Paragraphs (j)(3)(i)(A) through (D),
(j)(3)(ii)(A), (j)(4) introductory text,
(j)(4)(iii)(C), (j)(5), (j)(7), (j)(9), (j)(10)(ii),
(j)(10)(iv), and (j)(11);
■ xi. Paragraphs (k) introductory text,
(k)(1)(iv), (k)(4), and (k)(5);
■ xii. Paragraphs (m)(3) through (m)(6);
■ xiii. Paragraphs (n)(1), (n)(2)(xiii),
(n)(3)(ii), and (n)(6);
■ xiv. Paragraph (o)(3);
■ xv. Paragraphs (p)(2) introductory
text, (p)(2)(iii), and (p)(3)(i) through (iii);
■ b. Revising paragraphs (b)(1)(i)(A),
(b)(1)(i)(B), (b)(2)(iii), and (b)(2)(iv);
■ c. In paragraph (b)(5), removing in the
paragraph heading ‘‘FmHA or its
successor agency under Public Law
103–354’’; and removing ‘‘FmHA or its
successor agency under Public Law
103–354 shall’’ and adding ‘‘The
Government shall’’ in its place;
■ d. In paragraph (c)(2)(iii)(E), removing
‘‘FmHA or its successor agency under
Public Law 103–354 funds’’ and adding
‘‘Rural Devleopment funds’’ in its place
and removing ‘‘between FmHA or its
successor agency under Public Law
103–354’s’’ and adding ‘‘between Rural
Development’s’’ in its place;
■ e. In paragraph (d)(1)(v)(E):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 may’’
and adding ‘‘Rural Development may’’
in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s
authorization’’ and adding ‘‘Rural
Development’s authorization’’ in its
place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
authorization’’ and adding ‘‘Rural
Development authorization’’ in its
place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
approval’’ and adding ‘‘Rural
Development approval’’ in its place;
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f. In paragraph (f)(5), removing
‘‘FmHA Instruction’’ and adding ‘‘RD
Instruction’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 office’’ and adding
‘‘Rural Development office’’ in its place;
■ g. In paragraph (f)(6), revising the
third, fourth, and fifth sentences;
■ h. In paragraphs (g)(1) introductory
text and (g)(1)(i), removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘the United States’’ in its place;
■ i. In paragraph (g)(1)(ii) introductory
text:
■ i. Removing ‘‘acceptable to FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘acceptable to the
United States’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
portion’’ and adding ‘‘United States
portion’’ in its place;
■ iii. Removing ‘‘include FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘include United
States’’ in its place;
■ iv. Removing ‘‘the FmHA or its
successor agency under Public Law
103–354 State Director’’ and adding
‘‘the State Director’’ in its place; and
■ v. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
must’’ and adding ‘‘The United States
must’’ in its place;
■ j. In paragraph (g)(1)(iv), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’;
■ k. In paragraph (g)(2)(iii)(A)(7):
■ i. Removing ‘‘Farmers Home
Adminstration or its successor agency
under Public Law 103–354’’ and adding
‘‘Rural Development’’ in its place;
■ ii. Removing ‘‘FmHA Instruction’’ and
adding ‘‘RD Instruction’’ in its place;
and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place;
■ l. In paragraph (g)(3)(i) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ m. In paragraphs (g)(3)(i)(B) and (D),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘the
United States’’ in its place;
■ n. In paragraph (g)(3)(iii)(A)(3):
■ i. Removing ‘‘Farmers Home
Adminstration or its successor agency
under Public Law 103–354’’ and adding
‘‘Rural Development’’ in its place;
■ ii. Removing ‘‘FmHA Instruction’’ and
adding ‘‘RD Instruction’’ in its place;
and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
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office’’ and adding ‘‘Rural Development
office’’ in its place;
■ o. In paragraph (h)(2)(i)(B)(2),
removing ‘‘the Farmers Home
Administration or its successor agency
under Public Law 103–354’’ and adding
‘‘Rural Development’’ in its place;
■ p. In paragraph (j)(3) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘RD’s’’ in its place;
■ q. In paragraph (j)(3)(ii)(B):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ ii. Removing ‘‘acceptable to FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘acceptable to
Rural Development’’ in its place; and
■ iii. Removing ‘‘determined by FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘determined
by Rural Development’’ in its place;
■ r. Revising paragraph (j)(3)(iii);
■ s. In paragraph (j)(4)(i) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place;
■ t. In paragraph (j)(4)(i)(A), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘give FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘give Rural Development’’ in its place;
■ u. In paragraph (j)(4)(i)(B)
introductory text, removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Form RD’’ in its place and
removing ‘‘by FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘by Rural Development’’ in its
place;
■ v. In paragraph (j)(4)(i)(B)(1),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place;
■ w. In paragraph (j)(6)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ x. In paragraph (k)(7), removing
‘‘FmHA or its successor agency under
Public Law 103–354 financial’’ and
adding ‘‘Agency financial’’ in its place
and removing ‘‘The FmHA or its
successor agency under Public Law
103–354 State Director’’ and adding
‘‘The State Director’’ in its place;
■ y. In paragraph (k)(8), removing
‘‘FmHA or its successor agency under
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Public Law 103–354’’ and adding
‘‘Agency’’ in its place;
■ z. In paragraph (l)(1):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
concurrence’’ and adding ‘‘Agency
concurrence’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354/
EPA’’ and adding ‘‘Agency/EPA’’ in its
place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 and
EPA’’ and adding ‘‘RD and EPA’’ in its
place;
■ aa. In paragraph (l)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘the
Agency’’ in its place;
■ bb. In paragraphs (l)(4) and (m)(1),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place;
■ cc. In paragraph (m)(2):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will
tentatively’’ and adding ‘‘RD will
tentatively’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 loan’’
and adding ‘‘agency loan’’ in its place;
■ iii. Removing ‘‘from FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘from Rural
Development’’ in its place;
■ iv. Removing ‘‘where FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘where Rural
Development’’ in its place;
■ v. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will
notify’’ and adding ‘‘Rural Development
will notify’’ in its place; and
■ vi. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
loans’’ and adding ‘‘Rural Development
loans’’ in its place;
■ dd. In paragraph (n)(2) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place;
■ ee. In paragraph (n)(2)(vii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place;
■ ff. In paragraph (n)(2)(x), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘RD’’ in its place;
■ gg. In paragraph (n)(3) introductory
text:
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
funds’’ and adding ‘‘Rural Development
funds’’ in its place;
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ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s
commitment’’ and adding ‘‘Rural
Development’s commitment’’ in its
place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 loan’’
and adding ‘‘Rural Development loan’’
in its place;
■ iv. Removing ‘‘When an FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘When a Rural
Development’’ in its place; and
■ v. Removing ‘‘provide FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘provide Rural
Development’’ in its place;
■ hh. In paragraph (p)(2)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ ii. In paragraph (p)(4):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
funds’’ and adding ‘‘Rural Development
funds’’ in its place;
■ ii. Removing ‘‘benefit of FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘benefit of Rural
Development’’ in its place; and
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ jj. In paragraph (p)(5), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354 funds’’
wherever it occurs and adding ‘‘Form
RD’’ in its place and removing ‘‘by
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘by
the Agency’’ in its place;
■ kk. In paragraph (p)(6)(i)(A):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 loan’’
and adding ‘‘agency loan’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
grant’’ and adding ‘‘agency grant’’ in its
place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
indebtedness’’ and adding ‘‘RD
indebtedness’’ in its place; and
■ 11. In paragraph (p)(6)(i)(B), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘agency’’ in its place.
The revisions read as follows:
■
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§ 1942.17
Community facilities.
*
*
*
*
*
(b) * * *
(1) * * *
(i) * * *
(A) Loans for water or waste disposal
facilities will not be made to a city or
town with a population in excess of
10,000 inhabitants. The population
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figure is obtained from the most recent
decennial Census of the United States
(decennial Census). If the applicable
population figure cannot be obtained
from the most recent decennial Census,
RD will determine the applicable
population figure based on available
population data.
(B) Loans for essential community
facilities will not be made to a city or
town with a population in excess of
20,000 inhabitants according to the most
recent decennial Census.
*
*
*
*
*
(2) * * *
(iii) For water or waste disposal
facilities, the terms rural and rural area
will not include any area in any city or
town with a population in excess of
10,000 inhabitants. The population
figure is obtained from the most recent
decennial Census. If the applicable
population figure cannot be obtained
from the most recent decennial Census,
RD will determine the applicable
population figure based on available
population data.
(iv) For essential community
facilities, the terms rural and rural area
will not include any area in any city or
town with a population in excess of
20,000 inhabitants. The population
figure is obtained from the most recent
decennial Census. If the applicable
population figure cannot be obtained
from the most recent decennial Census,
RD will determine the applicable
population figure based on available
population data.
*
*
*
*
*
(f) * * *
(6) Income determination. * * * The
median household income of the service
area and the nonmetropolitan median
household income of the State will be
determined from 5-year income data
from the American Community Survey
(ACS) or, if needed, other Census
Bureau data. If there is reason to believe
that the ACS or other Census Bureau
data does not accurately represent the
median household income within the
area to be served, the reasons will be
documented and the applicant may
furnish, or Rural Development may
obtain, additional information regarding
such median household income data.
Information must consist of reliable data
from local, regional, State or Federal
sources or from a survey conducted by
a reliable impartial source. * * *
(j) * * *
(3) * * *
(iii) Insurance. The following types of
coverage must be maintained if
appropriate for the type of project and
entity involved. Insurance must be in
amounts acceptable to the Agency and
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at least equivalent to coverage for real
property and equipment acquired
without Federal funds.
(A) Property insurance. Fire and
extended coverage will normally be
maintained on all structures except as
noted in paragraphs (j)(3)(iii)(A)(1) and
(2) of this section. Ordinarily, Rural
Development should be listed as
mortgagee on the policy when Rural
Development has a lien on the property.
Normally, major items of equipment or
machinery located in the insured
structures must also be covered.
Exceptions:
(1) Reservoirs, standpipes, elevated
tanks, and other structures built entirely
of noncombustible materials if such
structures are not normally insured.
(2) Subsurface lift stations except for
the value of electrical and pumping
equipment therein.
(B) Liability and property damage
insurance, including vehicular coverage.
(C) Malpractice insurance. The need
and requirements for malpractice
insurance will be carefully and
thoroughly considered in connection
with each health care facility financed.
(D) Flood insurance. Facilities located
in special flood- and mudslide-prone
areas must comply with the eligibility
and insurance requirements of subpart B
of part 1806 of this chapter (RD
Instruction 426.2).
(E) Worker’s compensation. The
borrower will carry worker’s
compensation insurance for employees
in accordance with State laws.
*
*
*
*
*
§ 1942.18
[Amended]
163. Amend § 1942.18 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place wherever it occurs in the
following places:
■ i. Paragraph (b);
■ ii. Paragraph (c);
■ iii. Paragraphs (d) introductory text,
(d)(4), and (d)(11);
■ iv. Paragraph(e)(2);
■ v. Paragraphs(f)(1) introductory text,
(f)(1)(iii)(C), (f)(5), and (f)(6);
■ vi. Paragraph (g);
■ vii. Paragraph (h);
■ viii. Paragraphs (j)(1) introductory
text, (j)(2), and (j)(5)(iv);
■ ix. Paragraph (k)(5);
■ x. Paragraphs (m) introductory text,
(m)(1) introductory text, (m)(2), and
(m)(4);
■ xi. Paragraphs (n) introductory text,
(n)(5), (n)(6), (n)(8), (n)(9), and (n)(11);
and
■ xii. Paragraphs (o)(2) introductory
text, (o)(2)(iii) introductory text,
(o)(2)(iii)(B), (o)(4)(iv), (o)(6), (o)(7)(i)
■
■
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introductory text, and (o)(7)(iii)
introductory text;
■ b. In paragraph (d)(1) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place;
■ c. In paragraph (d)(1)(i):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
offices’’ and adding ‘‘Rural
Development offices’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s
eligibility’’ and adding ‘‘the Rural
Development’s eligibility’’ in its place;
and
■ iii. Removing ‘‘FmHA Instruction’’
and adding ‘‘RD Instruction’’ in its
place;
■ d. In paragraph (d)(16), removing
‘‘FmHA or its successor agency under
Public Law 103–354 will’’ and adding
‘‘Rural Development will’’ in its place
and removing ‘‘FmHA or its successor
agency under Public Law 103–354’s
State’’ and adding ‘‘Rural
Development’s State’’ in its place;
■ e. In paragraph (e)(1):
■ i. Removing ‘‘from FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘from Rural
Development’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place; and
■ iii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place;
■ f. In paragraph (f) introductory text:
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
State’’ and adding ‘‘Rural Development
State’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
review’’ and adding ‘‘Rural
Development review’’ in its place;
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 loan’’
and adding ‘‘Rural Development loan’’
in its place; and
■ v. Removing ‘‘pledged to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘pledged to Rural
Development’’ in its place;
■ g. In paragraphs (f)(1)(iii)(B)(2) and(3),
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Form RD’’ in its place;
■ h. In paragraph (n)(3):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
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103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ iii. Removing ‘‘acting through the
Farmers Home Administration or its
successor agency under Public Law
103–354’’ and adding ‘‘acting through
Rural Development’’ in its place;
■ i. In paragraph (o)(1), removing
‘‘where FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘where Rural Development’’ in its place
and removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ j. In paragraph (o)(3):
■ i. Removing ‘‘made by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘made by Rural
Development’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 for
acceptance’’ wherever it occurs and
adding ‘‘Rural Development for
acceptance’’ in its place;
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ iv. Removing ‘‘from FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘from Rural
Development’’ in its place;
■ k. In paragraph (o)(5), removing
‘‘FmHA or its successor agency under
Public Law 103–354 State’’ wherever it
occurs and adding ‘‘Rural Development
State’’ in its place and removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place;
■ l. In paragraph (o)(7)(i)(C), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place; and
■ m. In paragraph (o)(7)(ii), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 State’’ and adding
‘‘the Rural Development State’’ in its
place.
§ 1942.19
[Amended]
164. Amend § 1942.19 by:
a. In the following paragraphs,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place:
■ i. Paragraphs (b)(1), (b)(2) introductory
text, (b)(2)(iv), and (b)(2)(vi);
■ ii. Paragraph (c)(11);
■ iii. Paragraph (d);
■
■
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iv. Paragraphs (e) introductory text
and (e)(2)(i) through (e)(2)(iii);
■ v. Paragraph (f);
■ vi. Paragraph (g) introductory text;
and
■ vii. Paragraphs (h)(1), (h)(4), (h)(7),
(h)(9), (h)(10)(ii), and (h)(10)(iii).
■ b. In paragraph (c) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place and removing
‘‘discusesd’’ and adding ‘‘discussed’’ in
its place;
■ c. In paragraph (e)(1), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place;
■ d. In paragraph (e)(2), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Form RD’’ in its
place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 advance’’ and adding ‘‘Rural
Development advance’’ in its place;
■ e. In paragraph (h)(2):
■ i. Removing ‘‘purchased by FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘purchased by
Rural Development’’ in its place;
■ ii. Removing ‘‘Farmers Home
Administration or its successor agency
under Public Law 103–354’’ and adding
‘‘Rural Development’’ in its place;
■ iii. Removing ‘‘address of FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘address of Rural
Development’’ in its place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 State
Office’’ and adding ‘‘Rural Development
State Office’’ in its place;
■ f. In paragraph (h)(10)(iv), removing
‘‘FmHA’’ and adding ‘‘RD’’ in its place;
■ g. In paragraph (h)(11)(iii), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place; and
■ h. In paragraph (i):
■ i. Removing ‘‘Bidding by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Bidding by Rural
Development’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will
not’’ and adding ‘‘Rural Development
will not’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s
rates’’ and adding ‘‘Rural Development’s
rates’’ in its place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will
negotiate’’ and adding ‘‘Rural
Development will negotiate’’ in its
place.
■
§ 1942.20
■
[Amended]
165. Amend § 1942.20 by:
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a. In paragraph (a) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’;
■ b. In paragraph (a)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Agency’s’’ in its place;
■ c. In paragraph (a)(12), removing
‘‘Farmers Home Administration or its
successor agency under Public Law
103–354—Department of Agriculture
Pertaining to EDA Public Works Projects
Assisted by an FmHA or its successor
agency under Public Law 103–354
Loan’’ and adding ‘‘Department of
Agriculture Pertaining to EDA Public
Works Projects Assisted by an Agency
Loan’’ in its place;
■ d. In paragraph (a)(13), removing
‘‘Farmers Home Administration or its
successor agency under Public Law
103–354–’’;
■ e. In paragraphs (a)(18) and (a)(20),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place;
■ f. In paragraph (a)(25), removing ‘‘EPA
and FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Environmental Protection Agency and
the Agency’’ in its place; and
■ g. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘Agency’’ in its place.
■
Subpart C—Fire and Rescue and Other
Small Community Facilities Projects
§ 1942.102
[Amended]
166. Amend § 1942.102 by:
■ a. In paragraph (a), removing
‘‘Farmers Home Administration (FmHA)
or its successor agency under Public
Law 103–354’’ and adding ‘‘Agency’’ in
its place; and
■ b. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’s’’ and adding ‘‘RD’s’’ in
its place.
■
§ 1942.105
[Amended]
167. Amend § 1942.105 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place.
■
§ 1942.107
[Amended]
168. Amend § 1942.107(c) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354
funds’’ and adding ‘‘Agency funds’’ in
its place and by removing ‘‘by Farmers
Home Administration (FmHA) or its
successor agency under Public Law
103–354’’ and adding ‘‘by RD’’ in its
place.
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§ 1942.108
[Amended]
9883
169. Amend § 1942.108(c) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place.
Public Law 103–354’’ and adding
‘‘Agency’’ in its place; and
■ b. In paragraphs (a) and (b), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place.
§ 1942.112
§ 1942.122
■
[Amended]
170. Amend § 1942.112 by:
a. In paragraph (a)(2)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ b. In paragraph (a)(3) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354
approval’’ and adding ‘‘Agency
approval’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 determines’’ and
adding ‘‘RD determines’’ in its place;
■ c. In paragraphs (a)(3)(iii) and
(a)(3)(iv), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘RD’’ in its place;
and
■ d. In paragraph (a)(3)(v):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 may
authorize’’ and adding ‘‘RD may
authorize’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s
authorization’’ and adding ‘‘RD’s
authorization’’ in its place;
■ iii. Removing ‘‘and FmHA or its
successor agency under Public Law
103–354 authorization’’ and adding
‘‘and Agency authorization’’ in its place;
and
■ iv. Removing ‘‘without FmHA or its
successor agency under Public Law
103–354 approval’’ and adding ‘‘without
Agency approval’’ in its place.
■
■
§ 1942.114
[Amended]
171. Amend § 1942.114 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place; and
■ b. In paragraph (a)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place.
■
■
§ 1942.115
[Amended]
172. Amend § 1942.115 by removing
‘‘FmHA or its successor agency under
Public Law 103–354 may require’’ and
adding ‘‘RD may require’’ in its place
and by removing ‘‘FmHA or its
successor agency under Public Law
103–354 employee’’ and adding
‘‘Agency employee’’ in its place.
■
§ 1942.116
[Amended]
173. Amend § 1942.116 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
■
■
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[Amended]
174. Amend § 1942.122 by:
a. In the heading of paragraph (a),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place; and
■ b. In paragraph (f), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘RD’’ in its
place.
■
■
§ 1942.123
[Amended]
175. Amend § 1942.123 by:
a. In paragraphs (a)(1) and (i),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place; and
■ b. In paragraph (k):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
personnel’’ and adding ‘‘Agency
personnel’’ in its place;
■ ii. Removing ‘‘FmHA Instruction’’ and
adding ‘‘RD Instruction’’ in its place;
and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘RD office’’ in its
place.
■
■
§ 1942.126
[Amended]
176. Amend § 1942.126 by:
a. In paragraph (b) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place;
■ b. In paragraph (b)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354 may’’ and adding
‘‘RD may’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 office’’ and adding
‘‘RD office’’ in its place;
■ c. In paragraph (b)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354 concurrence’’ and
adding ‘‘Agency concurrence’’ in its
place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 may’’ and adding ‘‘RD may’’ in
its place;
■ d. In paragraphs (b)(3), (c), and (d)(1),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place;
■ e. In paragraph (d)(2):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 for
approval’’ and adding ‘‘RD for
approval’’ in its place;
■ ii. Removing ‘‘approved by FmHA or
its successor agency under Public Law
■
■
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103–354’’ and adding ‘‘approved by RD’’
in its place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
District’’ and adding ‘‘Agency District’’
in its place;
■ f. In paragraph (h) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place;
■ g. In paragraph (k), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘RD’’ in its place;
■ h. In paragraph (l)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354 will’’ and adding
‘‘RD will’’ in its place and removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Form RD’’ in its
place;
■ i. In paragraph (l)(2), removing ‘‘to
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘to
RD’’ in its place and removing ‘‘FmHA
or its successor agency under Public
Law 103–354 funds’’ and adding
‘‘Agency funds’’ in its place;
■ j. In paragraph (l)(2)(iii) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place;
■ k. In paragraph (l)(2)(iii)(B), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place;
■ l. In paragraph (l)(3) introductory text:
■ i. Removing ‘‘or FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘or RD’’ in its
place;
■ ii. Removing ‘‘inspector to FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘inspector to RD’’
in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
District’’ and adding ‘‘Agency District’’
in its place;
■ iv. Removing ‘‘guide 11’’ and adding
‘‘Guide 11’’ in its place;
■ v. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ vi. Removing ‘‘Inspections by FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Inspections
by RD’’ in its place;
■ m. In paragraph (l)(4), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 State Director’’ and
adding ‘‘Agency State Director’’ in its
place;
■ n. In paragraphs (l)(5) and (l)(6)(i)
introductory text, removing ‘‘FmHA or
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its successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘RD’’ in its place;
■ o. In paragraph (l)(6)(i)(C), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘RD’s’’ in its place; and
■ p. In paragraph (l)(6)(ii), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 District’’ and
adding ‘‘Agency District’’ in its place;
and
■ q. In paragraph (l)(6)(iii) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place.
§ 1942.127
[Amended]
177. Amend § 1942.127 by:
a. In paragraph (e)(1), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Form RD’’ in its place and
removing ‘‘by FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘by RD’’ in its place; and
■ b. In paragraph (e)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354 loan’’ and adding
‘‘Agency loan’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354 may’’
and adding ‘‘RD may’’ in its place.
■
■
§ 1942.128
[Amended]
178. Amend § 1942.128(b) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place.
■
§ 1942.134
[Amended]
179. Amend § 1942.134 introductory
text by removing ‘‘FmHA Instruction’’
and adding ‘‘RD Instruction’’ in its place
and by removing ‘‘FmHA or its
successor agency under Public Law
103–354 Office’’ and adding ‘‘Rural
Development office’’ in its place.
■
Subpart G—Rural Business Enterprise
Grants and Television Demonstration
Grants
§ 1942.301
[Amended]
180. Amend § 1942.301 by removing
‘‘Farmers Home Administration (FmHA)
or its successor agency under Public
Law 103–354’’ and ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever they occur and
adding ‘‘Agency’’ in their place.
■
§§ 1942.302. 1942.303, and 1942.304
[Amended]
181. Amend §§ 1942.302, 1942.303,
and 1942.304 by removing ‘‘FmHA or its
■
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successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Agency’’ in its place.
■ 182. In addition to the amendments
set forth above, in § 1942.304, revise the
definition of ‘‘Rural and Rural Area’’ to
read as follows:
§ 1942.304
Definitions.
*
*
*
*
*
Rural and Rural Area. Any area other
than a city or town that has a population
of greater than 50,000 inhabitants and
the urbanized area contiguous and
adjacent to such a city or town. The
population figure is obtained from the
most recent decennial Census. If the
applicable population figure cannot be
obtained from the most recent decennial
Census, RD will determine the
applicable population figure based on
available population data.
*
*
*
*
*
§ 1942.305
[Amended]
183. Amend § 1942.305 by:
a. In paragraph (b) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place; and
■ b. In paragraphs (b)(3)(iv)(A),
(b)(3)(iv)(C), (b)(3)(iv)(E), and (b)(3)(v),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place.
■
■
§ 1942.306
[Amended]
184. Amend § 1942.306(c) by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
grant’’ and adding ‘‘Agency grant’’ in its
place;
■ b. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 loan’’
and adding ‘‘Agency loan’’ in its place;
and
■ c. Removing ‘‘with FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘with RD’’ in its
place.
■
■
§ 1942.308
[Amended]
185. Amend § 1942.308 by:
a. In paragraph (a):
i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
assistance’’ and adding ‘‘Agency
assistance’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 has’’
and adding ‘‘RD has’’ in its place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
regulations’’ and adding ‘‘Agency
regulations’’ in its place;
■ b. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘RD’’ in its place; and
■
■
■
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c. In paragraph (d):
i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 for’’
and adding ‘‘RD for’’ in its place;
■ ii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by RD’’ in its
place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
State’’ and adding ‘‘Agency State’’ in its
place.
■
■
§ 1942.310
[Amended]
186. Amend § 1942.310 by:
a. In paragraph (a):
i. Removing ‘‘When FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘When RD’’ in its
place;
■ ii. Removing ‘‘no FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘no Agency’’ in
its place;
■ iii. Removing ‘‘unless FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘unless RD’’ in its
place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
shall’’ and adding ‘‘RD shall’’ in its
place;
■ b. In paragraph (b)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354 will’’ and adding
‘‘RD will’’ in its place;
■ c. In paragraph (b)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘RD’s’’ in its place;
■ d. In paragraph (b)(4):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘RD will’’ in its place;
■ iii. Removing ‘‘Forms FmHA’’ and
adding ‘‘Forms RD’’ in its place;
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
wherever it occurs and adding ‘‘RD’s’’ in
its place;
■ v. Removing ‘‘prior to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘prior to RD’’ in
its place; and
■ vi. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 may’’
and adding ‘‘RD may’’ in its place;
■ e. In paragraph (c)(1) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place;
■ f. In paragraph (c)(1)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
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■
■
■
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g. In paragraph (c)(3):
i. Removing ‘‘applicant to FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘applicant to RD’’
in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
National’’ and adding ‘‘Agency
National’’ in its place; and
■ iii. Removing ‘‘provided FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘provided RD’’ in
its place;
■ h. In paragraph (c)(4):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
grant’’ and adding ‘‘Agency grant’’ in its
place;
■ ii. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘to RD’’ in its
place; and
■ iii. Removing ‘‘from FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘from RD’’ in its
place.
■
■
§§ 1942.311 and 1942.313
[Amended]
187. Amend §§ 1942.311(b) and
1942.313(b) by removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘RD’’ in its place.
■
§ 1942.315
[Amended]
188. Amend § 1942.315(b) by
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Form RD’’ in its place.
■
§ 1942.316
[Amended]
189. Amend § 1942.316(a) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place.
■
PART 1944—HOUSING
190. The authority citation for part
1944 continues to read as follows:
■
Authority: 5 U.S.C. 301; 42 U.S.C. 1480.
Subpart B—Housing Application
Packaging Grants
§ 1944.51
[Amended]
191. Amend § 1944.51 by removing
‘‘Farmers Home Administration (FmHA)
or its successor agency under Public
Law 103–354’’ and ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in their place.
■
§§ 1944.52 and 1944.53
[Amended]
192. Amend §§ 1944.52 and 1944.53
by removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place.
■ 193. In addition to the amendments
set forth above, in § 1944.52, revise the
■
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9885
definition of ‘‘Designated counties’’ to
read as follows:
§ 1944.52
Definitions.
*
*
*
*
*
Designated counties. These counties
are listed in exhibit D of this subpart.
The counties meet the following criteria:
(1) Twenty percent or more of the
county population is at or below the
poverty level based on the most recent
5-year survey of the American
Community Survey of the Census
Bureau or other Census Bureau data if
needed; and
(2) Ten percent or more of the
occupied housing units are substandard
based on the most recent decennial
Census of the United States.
*
*
*
*
*
§ 1944.71
[Amended]
194. Amend § 1944.71(b) by removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place.
■
§ 1944.73
[Amended]
195. Amend § 1944.73 by:
a. In paragraph (a) introductory text:
i. Removing ‘‘an FmHA or its
successor agency under Public Law
103–354 office’’ and adding ‘‘a Rural
Development office’’ in its place;
■ ii. Removing ‘‘the FmHA or its
successor agency under Public Law
103–354 office’’ and adding ‘‘the Rural
Development office’’ in its place;
■ iii. Removing ‘‘FmHA Instruction’’
and adding ‘‘RD Instruction’’ in its
place; and
■ iv. Removing ‘‘any FmHA or its
successor agency under Public Law
103–354 office’’ and adding ‘‘any Rural
Development office’’ in its place;
■ b. In paragraph (a)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ c. In paragraph (a)(2), removing
‘‘FmHA’’ wherever it occurs and adding
‘‘RD’’ in its place; and
■ d. In paragraphs (b) and (d), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
■
Subpart I—Self-Help Technical
Assistance Grants
§ 1944.401
[Amended]
196. Amend § 1944.401 by removing
‘‘to FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘to
Rural Development’’ in its place and by
removing ‘‘an FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘a Rural Development’’ in its
place.
■
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§ 1944.402
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[Amended]
197. Amend § 1944.402 introductory
text by removing ‘‘Farmers Home
Administration (FmHA) or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
■
§ 1944.403, 1944.404, 1944.415, 1944.416,
1944.419, 1944.422, and 1944.426
[Amended]
198. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and add ‘‘Rural
Development’’ in its place in the
following places:
■ a. Section 1944.403;
■ b. Section 1944.404;
■ c. Section 1944.415;
■ d. Section 1944.416;
■ e. Section 1944.419;
■ f. Section 1944.422; and
■ g. Section 1944.426.
■
§ 1944.410
[Amended]
199. Amend § 1944.410 by:
a. In paragraphs (b)(1)(ii) and (c)(1),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place;
■ b. In paragraph (c)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ c. In paragraph (e)(6), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
§ 1944.411
[Amended]
200. Amend § 1944.411 by:
a. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘RD’’ in its
place; and
■ b. In paragraph (g), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
§ 1944.412
[Amended]
201. Amend § 1944.412 by removing
‘‘FmHA’’ wherever it occurs and adding
‘‘RD’’ in its place.
■
§ 1944.413
[Amended]
202. Amend § 1944.413 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘RD’’ in its place.
■
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§ 1944.417
[Amended]
203. Amend § 1944.417 by:
a. In the introductory text to the
section, removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place;
■ b. In paragraphs (a)(1), (a)(2)(i), and
(a)(2)(ii), removing ‘‘FmHA or its
■
■
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successor agency under Public Law
103–354’’ and adding ‘‘RD’’ in its place;
and
■ c. In paragraphs (b) introductory text,
(b)(1)(ii), and (b)(2), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘Rural Development’’ in its
place.
§ 1944.423
[Amended]
204. Amend § 1944.423 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
wherever it occurs and adding ‘‘Rural
Development’s’’ in its place;
■ b. Removing ‘‘only FmHA or its
successor agency under Public Law
103–354 can’’ and adding ‘‘only Rural
Development can’’ in its place; and
■ c. Removing ‘‘with FmHA or its
successor agency under Public Law
103–354 in the’’ and adding ‘‘with Rural
Development in the’’ in its place.
■
■
§ 1944.425
205. Amend § 1944.425 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place.
Subpart K—Technical and Supervisory
Assistance Grants
[Amended]
206. Amend § 1944.501 by:
a. In paragraph (a), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 employee’’ and adding
‘‘Rural Development employee’’ in its
place and removing ‘‘an FmHA or its
successor agency under Public Law
103–354 employee’’ and adding ‘‘a
Rural Development employee’’ in its
place; and
■ b. In paragraph (b), removing ‘‘The
Farmers Home Administration (FmHA)
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
§ 1944.502
[Amended]
207. Amend § 1944.502 by:
a. In paragraphs (a) introductory text,
(a)(1), and (b), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’s’’ and adding ‘‘Rural
Development’s’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
resources’’ and adding ‘‘Rural
Development resources’’ in its place;
and
■ c. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
■
■
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§§ 1944.506, 1944.510, 1944.512, 1944.514,
1944.516, 1944.520, 1944.525, 1944.529,
1944.538, 1944.541, 1944.543, 1944.547, and
1944.549 [Amended]
208. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and add ‘‘Rural
Development’’ in its place in the
following places:
■ a. Section 1944.506;
■ b. Section 1944.510;
■ c. Section 1944.512;
■ d. Section 1944.514;
■ e. Section 1944.516;
■ f. Section 1944.520;
■ g. Section 1944.525;
■ h. Section 1944.529;
■ i. Section 1944.538;
■ j. Section 1944.541;
■ k. Section 1944.543;
■ l. Section 1944.547; and
■ m. Section 1944.549.
■
§ 1944.526
[Amended]
■
§ 1944.501
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
Sfmt 4700
[Amended]
209. Amend § 1944.526 by:
a. In paragraph (a)(2)(i)(E), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ b. In paragraphs (a)(5) and (c)(1)(i),
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Form
RD’’ in its place.
■
■
§ 1944.531
[Amended]
210. Amend § 1944.531 by removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Form RD’’ in its
place and by removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ from paragraph (c)(13) and
adding ‘‘by Rural Development’’ in its
place.
■
§ 1944.533
[Amended]
211. Amend § 1944.533 by:
a. In paragraphs (c), (d), (f)(1), (f)(2)
introductory text, (f)(2)(iii), (f)(2)(iv),
(f)(4) introductory text, (f)(4)(i), and
(f)(6), removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever its occurs and
adding ‘‘Form RD’’ in its place;
■ b. In paragraph (e) introductory text,
removing ‘‘FmHA Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘Director of Information in
the National Office’’ and adding
‘‘Director, Legislative and Public Affairs
Staff (LAPAS), in the Rural
Development National Office’’ in its
place;
■ c. In paragraph (f)(4)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■
■
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d. In paragraph (f)(5), removing
‘‘LAPIS’’ wherever it occurs and adding
‘‘LAPAS’’ in its place and removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place.
■
§ 1944.535
[Amended]
212. Amend § 1944.535 by:
a. In paragraphs (a) and (b), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Form RD’’ in its
place; and
■ b. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 Appeal’’ and adding
‘‘Rural Development Appeal’’ in its
place.
■
■
§ 1944.536
[Amended]
213. Amend § 1944.536 by removing
‘‘FmHA or its successor agency under
Public Law 103–354 determines’’ and
adding ‘‘Rural Development
determines’’ in its place and by
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Form RD’’ in its place.
■
Instruction’’ in its place and removing
‘‘any Agency office’’ and adding ‘‘any
Rural Development office’’ in its place.
§ 1944.657
[Amended]
218. Amend § 1944.657 by removing
‘‘FmHA Instruction’’ and adding ‘‘RD
Instruction’’ in its place and by
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place.
■
§ 1944.658
[Amended]
219. Amend § 1944.658(a)(3) by
removing ‘‘or its successor agency under
Public Law 103–354’’ wherever it
occurs.
■
§§ 1944.660, 1944.663, 1944.664, 1944.666,
1944.668, 1944.671, 1944.674, 1944.678,
1944.679, 1944.681, 1944.683, 1944.684, and
1944.689 [Amended]
215. Amend § 1944.545 by removing
‘‘FmHA or its successor agency under
Public Law 103–354 440–1’’ and adding
‘‘RD 1940–1’’ in its place.
220. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and add ‘‘Rural
Development’’ in its place in the
following places:
■ a. Section 1944.660 section heading
and paragraph (a);
■ b. Section 1944.663(a)(7) and (a)(8);
■ c. Section 1944.664(c)(10)(ii);
■ d. Section 1944.666(a)(2), (b)(5), and
(c);
■ e. Section 1944.668;
■ f. Section 1944.671(b) introductory
text and paragraphs (b)(2) and (c);
■ g. Section 1944.674(b) and (c);
■ h. Section 1944.678;
■ i. Section 1944.679(b) introductory
text and paragraph (b)(4);
■ j. Section 1944.681;
■ k. Section 1944.683(a), (b)
introductory text, (c), and (d);
■ l. Section 1944.684 (a), (b)
introductory text, (b)(2), (c), and (d); and
■ m. Section 1944.689(b).
§ 1944.548
§ 1944.672
§ 1944.540
[Amended]
214. Amend § 1944.540 by:
a. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘RD’’ in its
place; and
■ b. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
§ 1944.545
[Amended]
■
[Amended]
216. Amend § 1944.548 by:
a. In the section heading, in paragraph
(a), and in paragraph (b) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place; and
■ b. In paragraph (b)(3), removing
‘‘FmHA Instruction’’ and adding ‘‘RD
Instruction’’ in its place.
■
■
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Subpart N—Housing Preservation
Grants
§ 1944.654
[Amended]
217. Amend § 1944.654 by:
a. In paragraph (a), removing ‘‘FmHA
Instruction’’ wherever it occurs and
adding ‘‘RD Instruction’’ in its place;
and
■ b. In paragraph (b), removing ‘‘FmHA
Instruction’’ and adding ‘‘RD
■
■
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■
[Amended]
221. Amend § 1944.672 by:
a. In paragraphs (c) and (e)
introductory text, removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (e)(3):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s
environmental’’ and adding ‘‘Rural
Development’s environmental’’ in its
place; and
■ ii. Removing ‘‘an FmHA or its
successor agency under Public Law
103–354 environmental’’ and adding ‘‘a
Rural Development environmental’’ in
its place; and
■ c. In paragraph (g), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘Rural Development’’ in its
place.
■
■
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§ 1944.673
9887
[Amended]
222. Amend § 1944.673 by:
a. In paragraph (a):
i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 has’’
and adding ‘‘Rural Development has’’ in
its place;
■ ii. Removing ‘‘FmHA Instruction’’ and
adding ‘‘RD Instruction’’ in its place;
and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ wherever it occurs and adding
‘‘Rural Development office’’ in its place;
and
■ b. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘Rural Development’’ in its
place.
■
■
■
§ 1944.676
[Amended]
223. Amend § 1944.676 by:
a. In paragraph (a), removing
‘‘appropriate FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘appropriate Rural
Development’’ in its place and removing
‘‘any FmHA or its successor agency
under Public Law 103–354 Office’’ and
adding ‘‘any Rural Development office’’
in its place;
■ b. In paragraphs (b) introductory text,
(b)(1)(iv), and (b)(1)(xii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ c. In paragraph (b)(1)(iii):
■ i. Removing ‘‘FmHA Instruction’’ and
adding ‘‘RD Instruction’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ wherever it occurs and adding
‘‘Rural Development office’’ in its place;
and
■ iii. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘to Rural
Development’’ in its place;
■ d. In paragraph (b)(1)(x), removing
‘‘Rural Development or its successor
agency under Public Law 103–354’’;
■ e. In paragraph (c), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place and removing ‘‘FmHA
or its successor agency under Public
Law 103–354 office’’ and adding ‘‘Rural
Development office’’ in its place;
■ f. In paragraph (d)(4), removing
‘‘FmHA Instruction’’ and adding ‘‘RD
Instruction’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 office’’ and adding
‘‘Rural Development office’’ in its place;
■ g. In paragraph (d)(5), removing
‘‘FmHA or its successor agency under
Public Law 103–354 office’’ and adding
‘‘Rural Development office’’ in its place
■
■
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and removing ‘‘to FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘to Rural Development’’ in its
place;
■ h. In paragraph (g), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ i. In paragraph (h), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘RD’’ in its place.
§ 1944.682
[Amended]
224. Amend § 1944.682 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place;
■ b. In paragraph (a):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
determines’’ and adding ‘‘Rural
Development determines’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ c. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ d. In paragraph (c):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘Rural Development will’’
in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ iv. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘by Rural Development’’ in its place;
and
■ e. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
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§ 1944.688
[Amended]
225. Amend § 1944.688 by:
a. In paragraphs (a) and (b), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place; and
■ b. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
■
■
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Law 103–354’s appeal’’ and adding
‘‘Rural Development’s appeal’’ in its
place.
§ 1944.690
[Amended]
226. Amend § 1944.690 by removing
‘‘Administrator of FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Under Secretary
for Rural Development (or designee)’’ in
its place.
■
PART 1948—RURAL DEVELOPMENT
227. The authority citation for part
1948 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1932
note.
Subpart B—Section 601 Energy
Impacted Area Development
Assistance
§ 1948.51
[Amended]
228. Amend § 1948.51 by:
a. Removing ‘‘Farmers Home
Administration (FmHA) or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ b. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘to Rural
Development’’ in its place; and
■ c. Removing ‘‘an FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘a Rural
Development’’ in its place.
■
■
§§ 1948.53, 1948.56, 1948.60, 1948.62,
1948.68, 1948.70, 1948.81, 1948.86, 1948.88,
1948.91, 1948.94, and 1948.95 [Amended]
229. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and add ‘‘Rural
Development’’ in its place in the
following places:
■ a. Section 1948.53;
■ b. Section 1948.56;
■ c. Section 1948.60;
■ d. Section 1948.62(b);
■ e. Section 1948.68(g);
■ f. Section 1948.70(b);
■ g. Section 1948.81(a) and (b);
■ h. Section 1948.86(a)(1) and (a)(2);
■ i. Section 1948.88;
■ j. Section 1948.91;
■ k. Section 1948.94(a) introductory text
and (b); and
■ l. Section 1948.95.
■ 230. Revise § 1948.61 introductory
text to read as follows:
■
§ 1948.61
State supplements and guides.
Rural Development State Directors
will obtain National Office clearance for
all State supplements and guides in
accordance with paragraph VIII of RD
Instruction 2006–B, (available in any
Rural Development office).
*
*
*
*
*
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§ 1948.70
[Amended]
231. Amend § 1948.70(c) by removing
‘‘Administrator of FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Under Secretary
for Rural Development’’ in its place.
■
§ 1948.79
[Amended]
232. Amend § 1948.79 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following places:
■ i. Paragraph (a);
■ ii. Paragraph (c) introductory text;
■ iii. Paragraph (e) introductory text;
■ iv. Paragraph (f);
■ v. Paragraph (g);
■ vi. Paragraph (h) introductory text;
■ vii. Paragraph (i);
■ viii. Paragraph (j);
■ ix. Paragraphs (k) introductory text
and (k)(12);
■ b. In paragraph (c)(4), removing
‘‘Forms FmHA’’ and adding ‘‘Form RD’’
in its place and removing ‘‘Form FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Form RD’’
in its place;
■ c. In paragraph (k)(8), removing
‘‘FmHA or its successor agency under
Public Law 103–354 440–1’’ and adding
‘‘RD 1940–1’’ in its place; and
■ d. In paragraphs (k)(9) and (k)(10),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place.
■
■
§ 1948.81
[Amended]
233. Amend § 1948.81(d) by removing
‘‘FmHA or its successor agency under
Public Law 103–354 State’’ and adding
‘‘Rural Development State’’ in its place
and by removing ‘‘Administrator, FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Under
Secretary for Rural Development’’ in its
place.
■
§ 1948.82
[Amended]
234. Amend § 1948.82 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following places:
■ i. Paragraphs (a) introductory text and
(a)(10);
■ ii. Paragraph (c);
■ iii. Paragraph (d);
■ iv. Paragraph (e);
■ v. Paragraphs (f) introductory text,
(f)(1), and (f)(2);
■ vi. Paragraph (g);
■ vii. Paragraph (h); and
■ viii. Paragraph (m).
■ b. In paragraph (i), removing ‘‘FmHA
or its successor agency under Public
■
■
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Law 103–354 National’’ and adding
‘‘Rural Development State’’ in its place
and removing ‘‘Administrator’’ and
adding ‘‘Under Secretary for Rural
Development’’ in its place;
■ c. In paragraph (j), removing
‘‘Administrator, FmHA or its successor
agency under Public Law 103–354, the
FmHA or its successor agency under
Public Law 103–354 State’’ and adding
‘‘Under Secretrary for Rural
Development, the Rural Development
State’’ in its place;
■ d. In paragraph (k), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 Stae’’ and adding ‘‘Rural
Development State’’ in its place and
removing ‘‘Administrator, FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Under Secretrary
for Rural Development’’ in its place; and
■ e. In paragraph (l), removing
‘‘Administrator of FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Under Secretary
for Rural Development’’ in its place.
§§ 1948.83 and 1948.97
[Amended]
235. Amend §§ 1948.83 and 1948.97
by removing ‘‘FmHA’’ and adding ‘‘RD’’
in its place.
■
§ 1948.84
[Amended]
236. Amend § 1948.84 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place in the following places:
■ i. Paragraph (a);
■ ii. Paragraph (d) introductory text;
■ iii. Paragraphs (e) introductory text
and (e)(1);
■ iv. Paragraph (f);
■ v. Paragraph (g);
■ vi. Paragraph (h) introductory text;
■ vii. Paragraph (i) introductory text;
and
■ viii. Paragraphs (i)(14) and (i)(17).
■ b. In paragraph (b):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘The Rural
Development office’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
District’’ and adding ‘‘Rural
Development District’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
State’’ and adding ‘‘the Rural
Development State’’ in its place; and
■ iv. Removing ‘‘the time the AD–622’’
and adding ‘‘the time the Form AD–
622’’ in its place;
■ c. In paragraphs (d)(2) and (d)(8),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place;
■ d. In paragraph (d)(9), removing
‘‘Forms FmHA or its successor agency
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■
■
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under Public Law 103–354 400–1 and
Form FmHA or its successor agency
under Public Law 103–354 400–4’’ and
adding ‘‘Form RD 400–1 and Form RD
400–4’’ in its place;
■ e. In paragraph (i)(10), removing
‘‘FmHA or its successor agency under
Public Law 103–354 440–1’’ and adding
‘‘RD 1940–1’’ in its place;
■ f. In paragraph (i)(11), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ g. In paragraph (i)(12), removing
‘‘FmHA or its successor agency under
Public Law 103–354 400’’ and adding
‘‘RD 400–4’’ in its place; and
■ h. In paragraph (i)(13), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place.
§ 1948.89
[Amended]
237. Amend § 1948.89 by:
a. In the heading of the section and in
paragraph (a) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (a)(1):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
State’’ wherever it occurs and adding
‘‘the Rural Development State’’ in its
place;
■ ii. Removing ‘‘Administrator, FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Under
Secretary for Rural Development’’ in its
place; and
■ iii. Removing ‘‘for FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘for Rural
Development’’ in its place;
■ c. In paragraph (a)(2), removing
‘‘Administrator’’ and adding ‘‘Under
Secretary for Rural Development’’ in its
place;
■ d. In paragraph (a)(3), removing
‘‘Administrator, FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Under Secretary for Rural
Development’’ in its place; and
■ e. In paragraphs (a)(4), (a)(5), and (b),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
■
■
§ 1948.90
[Amended]
238. Amend § 1948.90 by:
a. In paragraphs (a) introductory text
and (a)(1), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place;
■ b. In paragraph (a)(2):
■ i. Removing ‘‘Administrator, FmHA or
its successor agency under Public Law
■
■
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9889
103–354’’ and adding ‘‘Under Secretary
for Rural Development’’ in its place;
■ ii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place;
■ iii. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘to Rural
Development’’ in its place; and
■ iv. Removing ‘‘by the FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by the Rural
Development’’ in its place; and
■ c. In paragraphs (a)(3), (b)(2), (b)(3),
and (b)(5), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place.
§ 1948.92
[Amended]
239. Amend § 1948.92 by:
a. In paragraphs (a) and (b), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (c):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
State’’ and adding ‘‘Rural Development
State’’ in its place;
■ ii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place; and
■ iii. Removing ‘‘FmHA Instruction’’
and adding ‘‘RD Instruction’’ in its
place;
■ c. In paragraphs (d) and (e), removing
‘‘FmHA or its successor agency under
Public Law 103–354 440–1’’ and adding
‘‘RD 1940–1’’ in its place;
■ d. In paragraph (f):
■ i. Removing ‘‘FmHA Instruction’’ and
adding ‘‘RD Instruction’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ iii. Removing ‘‘Director of
Information, Farmers Home
Administration or its successor agency
under Public Law 103–354’’ and adding
‘‘Director, Legislative and Public Affairs
Staff (LAPAS), in the Rural
Development National Office’’ in its
place;
■ e. In paragraph (g)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place;
■ f. In paragraph (g)(4), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Form RD’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
State’’ and adding ‘‘Rural Development
State’’ in its place;
■
■
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g. In paragraph (g)(6), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354 440–1’’ and adding
‘‘Form RD 1940–1’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
National’’ and adding ‘‘Rural
Development National’’ in its place;
■ h. In paragraph (g)(7), removing
‘‘Director of Information in the FmHA or
its successor agency under Public Law
103–354 National Office’’ and adding
‘‘Director, LAPAS, in the Rural
Development National Office’’ in its
place;
■ i. In paragraph (g)(10), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place; and
■ j. In paragraph (g)(11):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
State’’ and adding ‘‘Rural Development
State’’ in its place;
■ ii. Removing ‘‘Director, Legislative
Affairs and Public Information Staff
(LAPIS)’’ and adding ‘‘Director, LAPAS’’
in its place;
■ iii. Removing ‘‘LAPIS’’ wherever it
occurs and adding ‘‘LAPAS’’ in its
place; and
■ iv. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place.
■
§ 1948.93
[Amended]
240. Amend § 1948.93 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place and by removing ‘‘FmHA
Instruction’’ and adding ‘‘RD
Instruction’’ in its place.
■
§ 1948.94
[Amended]
241. Amend § 1948.94 by:
a. In paragraph (a) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place; and
■ b. In paragraph (b), removing ‘‘FmHA
Instruction 402.1 (available in any
FmHA or its successor agency under
Public Law 103–354 office)’’ and adding
‘‘RD Instruction 1902–A (available in
any Rural Development office)’’ in its
place and removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘to Rural
Development’’ in its place.
mstockstill on DSK4VPTVN1PROD with RULES2
■
■
§ 1948.96
[Amended]
242. Amend § 1948.96 by:
a. In paragraph (a), removing ‘‘FmHA’’
and adding ‘‘RD’’ in its place; and
■ b. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
■
■
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Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
PART 1950—GENERAL
Subpart C—Servicing Accounts of
Borrowers Entering the Armed Forces
243. The authority citation for subpart
C of part 1950 continues to read as
follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and
42 U.S.C. 1480.
§ 1950.101
[Amended]
244. Amend § 1950.101 by removing
‘‘Farmers Home Administration or its
successor agency under Public Law
103–354 (FmHA or its successor agency
under Public Law 103–354)’’ and adding
‘‘Rural Development’’ in its place and
by removing ‘‘FmHA or its successor
agency under Public Law 103–354
regulations’’ and adding ‘‘Rural
Development regulations’’ in its place.
■
§ 1950.102
245. Amend § 1950.102(a) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘Rural Development will’’
in its place and by removing ‘‘policy
FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘policy of Rural Development’’ in its
place.
[Amended]
246. Amend § 1950.103 by:
a. In the section heading, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (a)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354 loan’’ and adding
‘‘government loan’’ in its place and
removing ‘‘borrower and FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘borrower and
Rural Development’’ in its place; and
■ c. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘RD’’ in its place and removing
‘‘Address or Name’’ and adding
‘‘Address, Name, Case Number, or Loan
Number’’ in its place.
[Amended]
247. Amend § 1950.104 by:
a. In the section heading, introductory
text, and paragraph (a), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (b) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■
■
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[Amended]
248. Amend § 1950.105(b) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
■
PART 1951—SERVICING AND
COLLECTIONS
249. The authority citation for part
1951 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1932
note; 7 U.S.C. 1989; 31 U.S.C. 3716; 42 U.S.C.
1480.
§ 1951.2
[Amended]
250. Amend § 1951.2 by removing
‘‘Farmers Home Administration or its
successor agency under Public Law
103–354 (FmHA or its successor agency
under Public Law 103–354)’’ and adding
‘‘Agency’’ in its place.
■
§ 1951.3
[Amended]
251. Amend § 1951.3 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place.
■
■
■
§ 1950.104
§ 1950.105
Subpart A—Account Servicing Policies
[Amended]
■
§ 1950.103
c. In paragraph (b)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ d. In paragraph (e), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘RD’’ in its
place.
■
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§ 1951.7
[Amended]
252. Amend § 1951.7 by:
a. In paragraph (b)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘the
Agency’’ in its place;
■ b. In paragraphs (b)(4)(i), (c), and
(d)(2), removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place;
■ c. In paragraph (e), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 borrowers will be
maintained in the County Office on
Forms FmHA or its successor agency
under Public Law 103–354 1905–1,
FmHA or its successor agency under
Public Law 103–354 1905–5, FmHA or
its successor agency under Public Law
103–354 1905–10, ‘‘Management System
Card-Association,’’ as provided in
FmHA or its successor agency under
Public Law 103–354 Instruction 1905–A
(available in any FmHA or its successor
agency under Public Law 103–354
office)’’ and adding ‘‘Agency borrowers
will be maintained in the County Office
as provided in RD Instruction 1905–A
■
■
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(available in any Agency office)’’ in its
place;
■ d. In paragraph (h) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘the Agency’’ in its place;
■ e. In paragraphs (h)(1) and (h)(2),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place; and
■ f. In paragraph (h)(3):
■ i. Removing ‘‘Forms FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Forms RD’’ in its
place;
■ ii. Removing ‘‘copy(ies) of Form
FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘copy(ies) of Form RD’’ in its place; and
■ iii. Removing ‘‘; a copy of Form
FmHA or its successor agency under
Public Law 103–354 1951–58, ‘‘Basis for
Loan Account Payment Application for
Farmer Program Loans;’’.
■
§ 1951.8
§ 1951.14
[Amended]
a. In paragraph (d)(1)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354 office’’ and adding
‘‘Rural Development office’’ in its place;
and
■ b. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place.
§ 1951.12
[Amended]
258. Amend § 1951.14(b) by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place.
253. Amend § 1951.8(b)(3) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place.
■
§ 1951.9
§ 1951.25
■
[Amended]
254. Amend § 1951.9 by:
a. In the section heading, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place;
■ b. In the introductory text, removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Form RD’’ in its
place;
■ c. In paragraph (a)(1) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Agency’’ in its place;
■ d. In paragraph (a)(1)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place; and
■ e. In paragraphs (a)(1)(ii), (a)(1)(iii),
(a)(1)(iv), (a)(2), and (b), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Agency’’ in its place.
■
■
§ 1951.10
[Amended]
Exhibit A to Subpart A of Part 1951—
Notice to Agency Borrowers
Agency borrowers with community
program loan types made under the
Consolidated Farm and Rural Development
Act may request a loan summary statement
which shows the calendar year account
activity for each loan. Interested borrowers
may request these statements through their
local Rural Development office.
Subpart D—Final Payment of Loans
§ 1951.153
261. Amend § 1951.153(b) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place.
§ 1951.11
■
■
■
256. Amend § 1951.11 by:
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[Amended]
262. Amend § 1951.154 by removing
in paragraph (a) ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place and by
removing in paragraph (c) ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘RD’’ in its place.
■
§ 1951.155
[Amended]
263. Amend § 1951.155 by:
a. In paragraph (b):
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Fmt 4701
i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘RD will’’ in its place;
■ ii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by RD’’ in its
place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place;
■ b. In paragraph (c) introductory text
and paragraph (c)(1), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘RD’’ in its place;
■ c. In paragraph (c)(2):
■ i. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by RD’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
wherever it occurs and adding ‘‘RD
will’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 is’’
and adding ‘‘RD is’’ in its place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 can’’
and adding ‘‘RD can’’ in its place;
■ d. In paragraph (g), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 may’’ and adding ‘‘RD
may’’ in its place and removing ‘‘FmHA
or its successor agency under Public
Law 103–354 Instruction’’ and adding
‘‘RD Instruction’’ in its place; and
■ e. In paragraph (i), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 will’’ and adding ‘‘RD
will’’ in its place and removing ‘‘by
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘by
RD’’ in its place.
■
Subpart E—Servicing of Community
and Direct Business Programs Loans
and Grants
§ 1951.201
[Amended]
■
§ 1951.154
[Amended]
[Amended]
259. Amend § 1951.25(b)(2)(ii) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place.
■ 260. Revise Exhibit A to subpart A of
7 CFR part 1951 to read as follows:
■
255. Amend § 1951.10 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘RD’’ in its place; and
■ b. In paragraph (a)(6), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Agency’’ in its place.
■
■
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[Amended]
257. Amend § 1951.12 by:
a. In paragraph (a), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 loan’’ and adding ‘‘Agency
loan’’ in its place;
■ b. In paragraph (b), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Form RD’’ in its place; and
■ c. In paragraphs (c)(1) and (c)(2),
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Form
RD’’ in its place.
■
■
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[Amended]
264. Amend § 1951.201 by removing
‘‘loans for Grazing and other shift-inland-use projects;’’ and ‘‘Association
Irrigation and Drainage loans;’’ and by
removing ‘‘and the Farm Service
Agency’’ and adding ‘‘and the Rural
Housing Service’’ in its place.
■
§ 1951.202
[Amended]
265. Amend § 1951.202 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place and
by removing ‘‘by FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘by Rural Development’’ in its
place.
■
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Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations
[Amended]
266. Amend § 1951.203(h) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
■
§ 1951.207
[Amended]
267. Amend § 1951.207 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
§§ 1951.211, 1951.215, and 1951.216
[Amended]
268. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and add ‘‘Rural
Development’’ in its place in the
following places:
■ a. Section 1951.211;
■ b. Section 1951.215 introductory text
and (a)(2); and
■ c. Section 1951.216.
■
§ 1951.220
[Amended]
269. Amend § 1951.220 by:
a. In paragraph (a)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place;
■ b. In paragraph (a)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place;
■ c. In paragraph (b) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ d. In paragraph (b)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ e. In paragraph (b)(2), removing
‘‘Forms FmHA or its successor agency
under Public Law 103–354 1951–9’’ and
‘‘Form FmHA or its successor agency
under Public Law 103–354 1951–9’’ and
adding ‘‘Form RD 1951–9’’ in their
place;
■ f. In paragraph (b)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ g. In paragraph (c) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ h. In paragraph (c)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place;
■ i. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
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■
■
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Law 103–354’s’’ and adding ‘‘Rural
Development’s’’ in its place;
■ j. In paragraph (e)(2)(v), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ k. In paragraph (f), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’s’’ and adding ‘‘Rural
Development’s’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354 as’’
and adding ‘‘Rural Development as’’ in
its place; and
■ l. In paragraphs (g) and (h)(3),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
■
§ 1951.221
■
■
[Amended]
270. Amend § 1951.221 by:
a. In paragraph (a)(2) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place;
■ b. In paragraphs (a)(2)(i)(A),
(a)(2)(i)(B), and (a)(2)(i)(C), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ c. In paragraph (a)(3) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place; and
■ d. In paragraph (a)(3)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
§ 1951.222
[Amended]
271. Amend § 1951.222 by:
a. In the introductory text and in
paragraphs (a)(2), (a)(3), (a)(7), and
(a)(9), removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherver it occurs and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraphs (c)(1) and (c)(3),
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Form
RD’’ in its place;
■ c. In paragraph (c)(7), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ d. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’s’’ and adding ‘‘Rural
Development’s’’ in its place and
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Form
RD’’ in its place.
■
■
§ 1951.223
■
[Amended]
272. Amend § 1951.223 by:
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Fmt 4701
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a. In paragraph (b)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ b. In paragraph (c)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s security’’ and
adding ‘‘Rural Development’s security’’
in its place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 approval’’ and adding ‘‘Rural
Development approval’’ in its place; and
■ c. In paragraphs (c)(3), (c)(4)
introductory text, (c)(4)(i), (c)(4)(ii), and
(c)(4)(iv), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place.
§ 1951.224
[Amended]
273. Amend § 1951.224 by:
a. In paragraphs (a)(1)(iii), (a)(1)(v),
and (a)(2)(v), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place;
■ b. In paragraphs (b)(1) and (b)(2),
removing ‘‘to FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘to Rural Development’’ in its
place and removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ c. In paragraph (b)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place; and
■ d. In paragraph (b)(6), removing
‘‘FmHA or its successor agency under
Public Law 103–354 consent’’ and
adding ‘‘Rural Development consent’’ in
its place and removing ‘‘Form FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ e. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ f. In paragraph (e)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
§ 1951.225
[Amended]
274. Amend § 1951.225 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place.
■
§ 1951.226
[Amended]
275. Amend § 1951.226 by:
a. In paragraph (a)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (b)(3), removing
‘‘FmHA or its successor agency under
■
■
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Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place;
■ c. In paragraph (b)(4)(i), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place;
■ d. In paragraph (b)(4)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ e. In paragraph (b)(5)(i), removing ‘‘on
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘on
Rural Development’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354’s
advantage’’ and adding ‘‘Rural
Development’s advantage’’ in its place;
■ f. In paragraphs (b)(5)(ii) and (b)(6),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ g. In paragraph (c)(1)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ h. In paragraphs (c)(1)(iv) through
(vii), (c)(2)(i), and (c)(2)(ii), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Form RD’’ in its
place;
■ i. In paragraph (c)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ j. In paragraph (d)(1) ‘‘an FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘a Rural
Development’’ in its place and removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place;
■ k. In paragraph (d)(2) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place; and
■ l. In paragraph (d)(2)(ii), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place.
§ 1951.227
[Amended]
276. Amend § 1951.227 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place; and
■ b. In paragraph (c):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place.
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■
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§ 1951.230
[Amended]
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i. Removing ‘‘non-FmHA or its
successor agency under Public Law
103–354 personnel’’ and adding ‘‘nonRural Development personnel’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place;
■ n. In paragraph (d)(1)(ii), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place;
■ o. In paragraph (d)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ p. In paragraph (d)(5), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place;
■ q. In paragraphs (e)(1) and (e)(2)(ii),
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Form RD’’ in its place;
■ r. In paragraph (f)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ wherever it occurs and adding
‘‘Rural Development office’’ in its place;
■ s. In paragraph (f)(5), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place and removing
‘‘approval by FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘approval by Rural
Development’’ in its place;
■ t. In paragraphs (f)(6), (f)(7)(i), and
(f)(7)(ii), removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ u. In paragraph (f)(8), removing ‘‘an
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘a
Rural Development’’ in its place;
■ v. In paragraph (f)(9), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ w. In paragraph (f)(11), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place;
■ x. In paragraphs (f)(12) and (f)(14),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place; and
■ y. In paragraph (f)(15), removing
‘‘Form FmHA or its successor agency
■
277. Amend § 1951.230 by:
a. In paragraph (a) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ b. In paragraph (a)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s security’’ and
adding ‘‘Rural Development’s security’’
in its place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 program’’ and adding ‘‘Rural
Development program’’ in its place;
■ c. In paragraphs (a)(3), (a)(4), and
(a)(6), removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ d. In paragraph (a)(7), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘to FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘to
Rural Development’’ in its place;
■ e. In paragraph (a)(8), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place;
■ f. In paragraph (a)(9), removing
‘‘FmHA or its successor agency under
Public Law 103–354 debt’’ and adding
‘‘Rural Development debt’’ in its place
and removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ g. In paragraph (a)(12), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place;
■ h. In paragraphs (b) introductory text
and (b)(5), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ i. In paragraph (c) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ j. In paragraph (c)(1), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place;
■ k. In paragraph (c)(5), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ l. In paragraph (d) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ m. In paragraph (d)(1)(i):
■
■
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under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place.
103–354’’ and adding ‘‘by Rural
Development’’ in its place.
§ 1951.231
Subpart R—Rural Development Loan
Servicing
[Amended]
278. Amend § 1951.231 by:
a. In paragraphs (a)(1)(i), (v), and (vii),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place;
■ b. In paragraph (a)(1)(vi), removing
‘‘FmHA or its successor agency under
Public Law 103–354 office’’ and adding
‘‘Rural Development office’’ in its place;
■ c. In paragraphs (a)(2), (3), and (4),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place;
■ d. In paragraph (b)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place; and
■ e. In paragraphs (c)(3) and (4),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place;
■ f. In paragraph (d) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place; and
■ g. In paragraph (d)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place and
removing ‘‘debt to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘debt to Rural
Development’’ in its place.
■
■
§ 1951.851
[Amended]
282. Amend § 1951.851 by:
a. In paragraph (a), removing
‘‘Farmers Home Administration or its
successor agency under Public Law
103–354 (FmHA or its successor agency
under Public Law 103–354)’’ and adding
‘‘Rural Development’’ in its place; and
■ b. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
§ 1951.852
[Amended]
283. Amend § 1951.852(a)(1), (a)(2),
and (a)(9) by removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development loan’’ in its place.
■
§§ 1951.866, 1951.883, and 1951.896
[Amended]
284. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following places:
■ a. Section 1951.866;
■ b. Section 1951.883; and
■ c. Section 1951.896.
■
§ 1951.881
[Amended]
Subpart F—Analyzing Credit Needs
and Graduation of Borrowers
285. Amend § 1951.881 by:
a. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (d):
■ i. Removing ‘‘by the FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by the Rural
Development’’ in its place;
■ ii. Removing ‘‘the FmHA or its
successor agency under Public Law
103–354 Administrator’’ and adding
‘‘the Rural Development Under
Secretary’’ in its place; and
■ c. In paragraph (e)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
§ 1951.264
§ 1951.884
§§ 1951.232, 1951.240, and 1951.241
[Amended]
279. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following places:
■ a. Section 1951.232;
■ b. Section 1951.240; and
■ c. Section 1951.241.
■
[Amended]
280. Amend § 1951.264(a)(2) by
removing ‘‘1951–F–5’’ and adding
‘‘1951–5’’ in its place.
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■
281. In Exhibit B to subpart F,
paragraph 15, removing ‘‘Form FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Form RD’’
in its place and removing ‘‘by FmHA or
its successor agency under Public Law
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[Amended]
286. Amend § 1951.884 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
Exhibit B to Subpart F [Amended]
■
■
■
§ 1951.885
[Amended]
287. Amend § 1951.885 by:
a. In the introductory text and in
paragraphs (a)(2), and (b), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
■
■
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and adding ‘‘Rural Development’’ in its
place;
■ b. In paragraph (c):
■ i. Removing ‘‘expose FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘expose Rural
Development’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place; and
■ iii. Removing ‘‘which FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘which Rural
Development’’ in its place; and
■ c. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
§ 1951.889
[Amended]
288. Amend § 1951.889 by:
a. In paragraph (a), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’s’’ and adding ‘‘Rural
Development’s’’ in its place;
■ c. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘Rural Development’’ in its
place; and
■ d. In paragraph (e), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 case nunber’’ and adding
‘‘Rural Development case number’’ in its
place.
■
■
§ 1951.890
[Amended]
289. Amend § 1951.890 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘Rural Development will’’
in its place;
■ b. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place;
■ c. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place;
■ d. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 and’’
and adding ‘‘Rural Development and’’ in
its place; and
■ e. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 staff’’
and adding ‘‘Rural Development staff’’
in its place.
■
■
§ 1951.891
[Amended]
290. Amend § 1951.891 by:
a. In paragraph (a) introductory text:
i. Removing ‘‘that FmHA or its
successor agency under Public Law
■
■
■
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103–354’’ and adding ‘‘that Rural
Development’’ in its place;
■ ii. Removing ‘‘Should the FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Should Rural
Development’’ in its place;
■ iii. Removing ‘‘interests of FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘interests of Rural
Development’’ in its place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 may’’
and adding ‘‘Rural Development may’’
in its place;
■ b. in paragraph (a)(2), removing ‘‘as
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘as
Rural Development’’ in its place and
removing ‘‘by the FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘by Rural Development’’ in its
place; and
■ c. In paragraphs (a)(3), (e), and (f),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place.
PART 1955—PROPERTY
MANAGEMENT
291. The authority citation for part
1955 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42
U.S.C. 1480.
Subpart A—Liquidation of Loans
Secured by Real Estate and
Acquisition of Real and Chattel
Property
§ 1955.2
[Amended]
292. Amend § 1955.2 by removing
‘‘property to FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘property to Rural
Development’’ in its place and removing
‘‘conveyance to FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘conveyance to Rural
Development and’’ in its place.
■
§ 1955.3
[Amended]
293. Amend § 1955.3 by:
a. In the definition of ‘CONACT or
CONACT property’, removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘the
government’’ in its place;
■ b. In the definition of ‘Government’,
removing ‘‘Farmers Home
Administration or its successor agency
under Public Law 103–354 (FmHA or its
successor agency under Public Law
103–354),’’ and adding ‘‘RBS, RHS, and
RUS of the’’ in its place and removing
‘‘used interchangeably herein with
‘‘FmHA or its successor agency under
Public Law 103–354.’’; and
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■
■
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c. In the definition of ‘Prior lien’,
removing ‘‘FmHA or its successor
agency under Public Law 103–354
security’’ and adding ‘‘Rural
Development security’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354’s ‘’’
and adding ‘‘Rural Development’s’’ in
its place.
■
§ 1955.5
[Amended]
294. Amend § 1955.5 by:
a. In paragraphs (a) and (c)(2),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place; and
■ b. In paragraph (d), removing
‘‘(available in any FmHA or its
successor agency under Public Law
103–354 office)’’ and removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘RD’’ in its
place.
■
■
§ 1955.10
[Amended]
295. Amend § 1955.10 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following places:
■ i. The introductory text;
■ ii. The heading of paragraph (c);
■ iii. Paragraph (f) introductory text;
■ iv. Paragraphs (f)(1) introductory text,
(f)(1)(i)(A), (f)(1)(i)(B), (f)(1)(ii), and
(f)(1)(iii);
■ v. Paragraph (g)(1); and
■ vi. Paragraphs (h)(1), (h)(2), and (h)(5);
■ b. In paragraph (a)(2)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place;
■ c. In paragraph (c)(2):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
liens’’ and adding ‘‘Rural Development
liens’’ in its place;
■ ii. Removing ‘‘made by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘made by Rural
Development’’ in its place;
■ iii. Removing ‘‘An FmHA or its
successor agency under Public Law
103–354 official’’ and adding ‘‘A Rural
Development official’’ in its place;
■ d. In paragraphs (d)(1), (d)(2), and
(d)(3), removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place;
■ e. In paragraph (e):
■ i. Removing ‘‘by FmHA or its
successor agency under Public Law
■
■
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9895
103–354’’ and adding ‘‘by Rural
Development’’ in its place;
■ ii. Removing ‘‘qualified FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘qualified Rural
Development’’ in its place;
■ iii. Removing ‘‘outside FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘outside Rural Development’’ in its
place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ f. In paragraphs (h)(4)(i) and (h)(4)(ii),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place.
§§ 1955.11 and 1955.12
[Amended]
296. Amend §§ 1955.11 and 1955.12
by removing in their section headings
and wherever else it occurs ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
§ 1955.15
[Amended]
297. Amend § 1955.15 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following places:
■ i. The introductory text;
■ ii. Paragraph (a)(2)(i);
■ iii. Paragraph (d)(2)(v);
■ iv. Paragraph (d)(3)(i)(A);
■ v. Paragraph (d)(6)(i) introductory
text;
■ vi. Paragraphs (f)(1)(i)(C) and (D),
■ vii. Paragraphs (f)(5)(i)(A) and (B);
■ viii. Paragraph (f)(5)(ii); and
■ ix. Paragraphs (f)(7)(i) and (ii).
■ b. In paragraph (b) introductory text:
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place;
■ iv. Removing ‘‘Forms FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Forms RD’’ in its
place; and
■ v. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 loan
servicing’’ and adding ‘‘Rural
Development loan servicing’’ in its
place;
■ c. In paragraph (b)(3), removing
‘‘FmHA or its successor agency under
■
■
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Public Law 103–354’’ and adding ‘‘the
government’’ in its place;
■ d. In paragraph (d)(1):
■ i. Removing ‘‘whether FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘whether Rural Development’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
loan(s)’’ and adding ‘‘Rural
Development loan(s)’’ in its place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s
position’’ and adding ‘‘Rural
Development’s position’’ in its place;
■ e. In paragraph (d)(2) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354
Guide Letters’’ and adding ‘‘Guide
Letters’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 Office’’ wherever it
occurs and adding ‘‘Rural Development
office’’ in its place;
■ f. In paragraphs (d)(4), (e)(2), and
(f)(1)(ii), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘RD’’ in its place;
■ g. In paragraph (f)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place;
■ h. In paragraph (f)(4), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ i. In paragraph (f)(6):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
wherever it occurs and adding ‘‘Rural
Development’s’’ in its place;
■ ii. Removing ‘‘an FmHA or its
successor agency under Public Law
103–354 borrower’’ and adding ‘‘a Rural
Development borrower’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 debt’’
and adding ‘‘Rural Development debt’’
in its place;
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
determines’’ and adding ‘‘Rural
Development determines’’ in its place;
■ v. Removing ‘‘an FmHA or its
successor agency under Public Law
103–354 appraiser’’ and adding ‘‘a Rural
Development appraiser’’ in its place;
■ vi. Removing ‘‘outside FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘outside Rural
Development’’ in its place;
■ vii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
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viii. Removing ‘‘FmHA or its
successor agency under Public Law
103–354 office’’ and adding ‘‘Rural
Development office’’ in its place; and
■ j. In paragraph (f)(7) introductory text,
removing ‘‘an FmHA or its successor
agency under Public Law 103–354
employee’’ wherever it occurs and
adding ‘‘a Rural Development
employee’’ in its place.
■
§ 1955.18
[Amended]
298. Amend § 1955.18 by:
a. In paragraph (e)(1) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ b. In paragraph (e)(1)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place.
■ c. In paragraph (e)(2) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ d. In paragraph (e)(2)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place;
■ e. In paragraph (e)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place; and
■ f. In paragraph (e)(4) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
■
■
§ 1955.20
[Amended]
299. Amend § 1955.20 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (a)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ c. In paragraph (a)(5), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ d. In paragraph (b) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ e. In paragraph (b)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ f. In paragraph (b)(2):
■ i. Removing ‘‘chattels to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘chattels to Rural
Development’’ in its place;
■
■
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ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ g. In paragraph (b)(4), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ h. In paragraph (c)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ i. In paragraph (d):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ ii. Removing ‘‘outside FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘outside Rural
Development’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ j. In paragraph (f)(1) introductory text,
removing ‘‘an FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘a Rural Development’’ in its
place;
■ k. In paragraphs (f)(1)(ii), and (f)(2)(i),
(ii), and (iii), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ l. In paragraph (f)(2)(v), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ m. In paragraph (g), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ n. In paragraph (h), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘RD’’ in its
place;
■
§ 1955.22
[Amended]
300. Amend § 1955.22 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
officials’’ and adding ‘‘Rural
Development officials’’ in its place;
■ b. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
instruction’’ in its place; and
■ c. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place.
■
■
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Subpart B—Management of Property
§ 1955.52
[Amended]
301. Amend § 1955.52 by removing
‘‘by FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘by the respective Agency’’ in its place
and by removing ‘‘Generally, FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘Generally, RHS’’
in its place.
■
§ 1955.53
[Amended]
302. Amend § 1955.53 as follows:
a. In the definition of ‘CONACT or
CONACT property’, remove ‘‘FmHA or
its successor agency under Public Law
103–354’’ and add ‘‘the respective
Agency’’ in its place;
■ b. In the definition of ‘Custodial
property’, remove ‘‘an FmHA or its
successor agency under Public Law
103–354 loan’’ and add ‘‘a Rural
Development loan’’ in its place and
remove ‘‘FmHA or its successor agency
under Public Law 103–354 loan has
taken’’ and add ‘‘the respective Agency
has taken’’ in its place; and
■ c. In the definition of ‘Government’,
remove ‘‘FmHA or its successor agency
under Public Law 103–354’’ and add
‘‘the respective Agency’’ in its place.
■
■
§ 1955.55
[Amended]
303. Amend § 1955.55 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherevre it occurs and adding ‘‘Rural
Development’’ in its place in the
following places:
■ i. Paragraph (b) introductory text;
■ ii. Paragraph (b)(2) introductory text;
■ iii. Paragraphs (c) introductory text
and (c)(1);
■ iv. Paragraphs (f)(2)(i) and (ii), and
(f)(3);
■ b. In paragraph (b)(2)(iii), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ c. In paragraph (f) introductory text:
■ i. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place;
■ ii. Removing ‘‘through FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘through Rural
Development’’ in its place;
■ iii. Removing ‘‘if FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘if Rural
Development’’ in its place;
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
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■
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Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ v. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place.
§§ 1955.57, 1955.60, 1955.61, and 1955.82
[Amended]
304. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following places:
■ a. Section 1955.57;
■ b. Section 1955.60;
■ c. Section 1955.61; and
■ d. Section 1955.82.
■
§ 1955.62
[Amended]
305. Amend § 1955.62 by:
a. In the introductory text, removing
‘‘an FmHA or its successor agency
under Public Law 103–354 lien’’ and
adding ‘‘a Rural Development lien’’ in
its place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 official’’ and adding ‘‘Rural
Development official’’ in its place;
■ b. In paragraphs (a)(1) and (a)(2),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place;
■ c. In paragraph (b)(1)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ d. In paragraph (b)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ e. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘RD’’ in its
place;
■
■
§ 1955.65
[Amended]
306. Amend § 1955.65 by:
a. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’;
■ b. In paragraph (c) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 office’’ and adding
‘‘Rural Development office’’ in its place;
■ c. In paragraph (c)(1):
■ i. Removing ‘‘which FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘which Rural
Development’’ in its place;
■
■
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ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s
approval’’ and adding ‘‘Rural
Development’s approval’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ d. In paragraphs (c)(2)(i), (ii), and (iii),
removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 office’’ and adding
‘‘Rural Development office’’ in its place;
and
■ e. In paragraph (c)(4):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ wherever it occurs and
adding ‘‘RD Instruction’’ in its place;
and
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and ‘‘FmHA or its successor
agency under Public Law 103–354
Office’’ and adding ‘‘Rural Development
office’’ in their place.
■
§ 1955.72
[Amended]
307. Amend § 1955.72(a) and (b) by
removing ‘‘(available in any FmHA or
its successor agency under Public Law
103–354 office)’’.
■ 308. Amend Exhibit A to subpart B of
Part 1955 by revising the heading to
read as follows:
■
Exhibit A to Subpart B of Part 1955—
Memorandum of Understanding
Between the Federal Emergency
Management Agency and Rural
Development
*
*
*
*
*
Subpart C—Disposal of Inventory
Property
§ 1955.102
[Amended]
309. Amend § 1955.102 by removing
‘‘Farmers Home Administration or its
successor agency under Public Law
103–354s (FmHA or its successor
agency under Public Law 103–354’s)’’
and adding ‘‘the applicable’’ in its place.
■
§ 1955.103
[Amended]
310. Amend § 1955.103 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following definitions:
■ i. ‘Approval official’;
■ ii. ‘Borrower’;
■
■
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iii. ‘Decent, safe, and sanitary (DSS)
housing’;
■ iv. ‘Eligible terms’;
■ v. ‘Participating broker’;
■ vi. ‘Program terms’; and
■ vii. ‘Regular sale’;
■ b. In the definition of ‘CONACT or
CONACT property’, removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘the
respective Agency’’ in its place;
■ c. In the definitions of ‘Ineligible
terms’ and ‘Nonprogram (NP) terms’,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place;
■ d. In the definition of ‘Inventory
property’, removing ‘‘an FmHA or its
successor agency under Public Law
103–354 loan’’ and adding ‘‘a Rural
Development loan’’ in its place;
■ e. In the definition of ‘Nonprogram
(NP) property’, removing ‘‘FmHA or its
successor agency under Public Law
103–354’’; and
■ f. Removing the definition of ‘‘Regular
FmHA or its successor agency under
Public Law 103–354 sale’’, adding a
definition for ‘Regular Agency sale’ in
alphabetical order, and revising the
definitions of ‘Suitable property’ and
‘Surplus property’. The revisions read as
follows:
■
§ 1955.103
Definitions.
*
*
*
*
*
Regular Agency sale. Sale made by
Rural Deveopment employees or real
estate brokers other than by sealed bid,
auction, or negotiation.
*
*
*
*
*
Suitable property. Real property that
could be used to carry out the objectives
of Rural Development’s loan programs
with financing provided through that
program.
Surplus property. Property that
cannot be used to carry out the
objectives of financing available through
the applicable loan program.
§§ 1955.104, 1955.112, 1955.113, 1955.121,
1955.128, 1955.132, 1955.134, 1955.136, and
1955.150 [Amended]
311. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following places:
■ a. Section 1955.104;
■ b. Section 1955.112;
■ c. Section 1955.113;
■ d. Section 1955.121;
■ e. Section 1955.128;
■ f. Section 1955.132;
■ g. Section 1955.134;
■ h. Section 1955.136(a)(2); and
■ i. Section 1955.150.
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§ 1955.105
[Amended]
312. Amend § 1955.105 by:
a. In paragraph (b):
i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Services’’ and adding ‘‘RD Services’’ in
its place; and
■ b. In paragraphs (c) introductory text,
(c)(1), (c)(3), and (d), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
■
§ 1955.109
[Amended]
313. Amend § 1955.109 by:
a. In paragraph (a), removing the
second and third sentences; and
■ b. In paragraphs (g) and (j), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘RD’’ in its place.
■
■
§ 1955.114
[Amended]
314. Amend § 1955.114 by:
a. In paragraphs (a) introductory text
and (a)(1)(v), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (a)(2), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘unless FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘unless Rural Development’’ in its
place;
■ c. In paragraph (a)(3)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place;
■ d. In paragraph (a)(4), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding Rural
Development’’ in its place
■ e. In paragraph (b):
■ i. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
employee’’ and adding ‘‘Rural
Development employee’’ in its place;
and
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
■
■
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103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ f. In paragraphs (c) introductroy text
and (d), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place.
§ 1955.115
[Amended]
315. Amend § 1955.115 by:
a. In the introductory text:
i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 DSS’’
and adding ‘‘Rural Development DSS’’
in its place;
■ b. In paragraph (a) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–35’’ and
adding ‘‘Rural Development’’ in its
place;
■ c. In paragraph (a)(2):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘Rural Development will’’
in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ d. In paragraphs (a)(3), and (b),
removing ‘‘FmHA or its successor
agency under Public Law 103–35’’ and
adding ‘‘Rural Development’’ in its
place.
■
■
■
§ 1955.116
[Amended]
316. Amend § 1955.116 by:
a. In paragraph (a):
i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ ii. Removing ‘‘which FmHA or its
successor agency under Public Law
103–354 has’’ and adding ‘‘which Rural
Development has’’ in its place; and
■ iii. Removing ‘‘Contact FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Contact Rural
Development’’ in its place;
■ b. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘RD’’ in its place;
■ c. In paragraph (c):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
■
■
■
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103–354’’ and adding ‘‘Form RD’’ in its
place;
■ ii. Removing ‘‘through Farmers Home
Administration or its successor agency
under Public Law 103–354’’ and adding
‘‘through Rural Development’’ in its
place; and
■ iii. Removing ‘‘the Farmers Home
Administration or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Rural
Development’’ in its place; and
■ d. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
§ 1955.117
[Amended]
317. Amend § 1955.117 by:
a. In paragraph (a), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Form RD’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
sales’’ and adding ‘‘Rural Development
sales’’ in its place;
■ b. In paragraph (b), removing ‘‘The
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ c. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘RD’’ in its
place; and
■ d. In paragraphs (e) and (f), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
§ 1955.118
[Amended]
318. Amend § 1955.118 by:
a. In paragraphs (b)(1) and (b)(11),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place;
■ b. In paragraph (b)(5), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ c. In paragraphs (b)(7) and (b)(8)(ii),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
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■
■
§ 1955.119
[Amended]
319. Amend § 1955.119 by:
a. In paragraph (a), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 will’’ wherever it occurs
and adding ‘‘Rural Development will’’
in its place and removing ‘‘Form FmHA
or its successor agency under Public
■
■
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Law 103–354’’ and adding ‘‘Form RD’’
in its place; and
■ b. In paragraph (c):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘Rural Development will’’
in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
determines’’ and adding ‘‘Rural
Development determines’’ in its place;
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place.
§ 1955.120
[Amended]
320. Amend § 1955.120 by:
a. Removing ‘‘non-FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘non-Rural
Development’’ in its place;
■ b. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘by Rural Development’’ in its place;
■ c. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ d. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
official’’ and adding ‘‘Rural
Development official’’ in its place.
■
■
§ 1955.122
[Amended]
321. Amend § 1955.122 by:
a. In paragraph (a):
i. Removing ‘‘of the FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘of the Rural
Development’’ in its place;
■ ii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Form’’ and adding ‘‘Rural Development
Form’’ in its place; and
■ iv. Removing ‘‘in FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘in Rural
Development’’ in its place;
■ b. In paragraph (b), removing ‘‘by
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘by
Rural Development’’ in its place and
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Form RD’’ in its place;
■ c. In paragraph (c)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■
■
■
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d. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 Instruction’’ and adding
‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ e. In paragraph (f), removing ‘‘to
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘to
Rural Development’’ in its place;
■ f. In the undesignated paragraph
following paragraph (f):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place.
■ 322. Revise § 1955.123(a) to read as
follows:
■
§ 1955.123
Sale procedures (chattel).
(a) Credit sales. Although cash sales
are preferred in the sale of chattel, credit
sales may be used advantageously in the
sale of chattels to eligible purchasers
and to facilitate sales of high-priced
chattels. Credit sales to eligible
purchasers will be in accordance with
the provisions of this chapter for the
appropriate program for which a loan
would otherwise be made including
eligibility determinations. Preference
will be given to a cash offer that is at
least * percent of the higher offer
requiring credit. [*Refer to exhibit B of
RD Instruction 440.1 (available in any
Rural Development office) for the
current percentage.] Credit sales made
to ineligible purchasers will require not
less than a 10 percent downpayment
with the remaining balance amortized
over a period not to exceed 5 years. The
interest rate for ineligible purchasers of
C&BP chattel will be the current
ineligible interest rate for C&BP
property set forth in Exhibit B of RD
Instruction 440.1 (available in any Rural
Development office). District Directors
and State Directors are authorized to
approve or disapprove sale of C&BP
chattel on ineligible terms in accordance
with the respective type of program
approval authorities in Exhibit E of
Subpart A of Part 1901 of this chapter
(available in any Rural Development
office). For other than C&BP, credit sales
to NP purchasers will be handled in
accordance with Subpart J of Part 1951
of this chapter.
*
*
*
*
*
■
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[Amended]
§ 1955.127
[Amended]
324. Amend § 1955.127 by removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
by removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place.
■
§ 1955.130
[Amended]
325. Amend § 1955.130 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place;
■ b. In paragraph (a)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and ‘‘Rural Development’’ in its place;
■ c. In paragraph (a)(2), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place and removing ‘‘FmHA
or its successor agency under Public
Law 103–354 office’’ wherever it occurs
and adding ‘‘Rural Development office’’
in its place;
■ d. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘RD’’ in its place;
■ e. In paragraph (c) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ f. In paragraph (e) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and ‘‘Rural
Development’’ in its place;
■ g. In paragraph (e)(1)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place.
■ h. In paragraph (f)(1)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ i. In paragraph (f)(3):
■ i. Removing ‘‘receiving FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘receiving Rural Development’’ in its
place;
■ ii. Removing ‘‘appropriate FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘appropriate
Rural Development’’ in its place; and
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■
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iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ j. In paragraph (g), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 shall’’ and adding ‘‘Rural
Development shall’’ in its place and
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Form
RD’’ in its place.
■
323. Amend §§ 1955.124 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘RD’’ in its place.
■
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§ 1955.131
[Amended]
326. Amend § 1955.131 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ b. In paragraph (b):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 may
not’’ and adding ‘‘Rural Development
may not’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
official’’ and adding ‘‘Rural
Development official’’ in its place; and
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place.
■
■
§ 1955.133
[Amended]
327. Amend § 1955.133 by:
a. In paragraph (a), removing ‘‘if
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘if
Rural Development’’ in its place and
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Form RD’’ in its place; and
■ b. In paragraphs (b) and (c), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
§ 1955.135
[Amended]
328. Amend § 1955.135 by:
a. In the introductory text:
i. Removing ‘‘Where FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Where Rural
Development’’ in its place;
■ ii. Removing ‘‘between FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘between Rural
Development’’ in its place;
■ iii. Removing ‘‘Forms FmHA or its
successor agency under Public Law
103–354 1955–45 or FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Forms RD 1955–
45 or RD’’ in its place;
■ iv. Removing ‘‘paid by FmHA or its
successor agency under Public Law
■
■
■
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103–354’’ wherever it occurs and adding
‘‘paid by Rural Development’’ in its
place; and
■ v. Removing ‘‘proceeds FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘proceeds Rural
Development’’ in its place; and
■ b. In paragraph (a), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 credit’’ and adding ‘‘Rural
Development credit’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place.
§ 1955.138
[Amended]
329. Amend § 1955.138 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place.
■
§ 1955.139
[Amended]
330. Amend § 1955.139 by:
a. In paragraph (a)(3)(iii), removing
‘‘the FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Rural Development’s’’ in its place;
■ b. In paragraph (a)(3)(iv), removing
‘‘the FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Rural
Development’’ in its place; and
■ c. In paragraphs (a)(3)(v) and (vi),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
■
■
§ 1955.144
[Amended]
331. Amend § 1955.144(b) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
‘‘the Farmers Home Administration or
its successor agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in their place.
■
§ 1955.146
[Amended]
332. Amend § 1955.146(a) by:
a. Removing ‘‘sold by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘sold by Rural
Development’’ in its place;
■ b. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ wherever it occurs and
adding ‘‘RD Instruction’’ in its place;
■ c. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ wherever it occurs and adding
‘‘Rural Development office’’ in its place;
■ d. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ e. Removing ‘‘Forms FmHA or its
successor agency under Public Law
103–354 1955–40 or FmHA or its
■
■
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successor agency under Public Law
103–354’’ and adding ‘‘Forms RD 1955–
40 or RD’’ in its place;
■ f. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
personnel’’ and adding ‘‘Rural
Development personnel’’ in its place;
and
■ g. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 may
contract’’ and adding ‘‘Rural
Development may contract’’ in its place.
§ 1955.147
[Amended]
333. Amend § 1955.147 by:
a. In the introductory text:
i. Removing ‘‘all FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘all Rural
Development’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
wherever it occurs and adding ‘‘Rural
Development will’’ in its place;
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ iv. Removing ‘‘payable to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘payable to Rural
Development’’ in its place; and
■ v. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place;
■ b. In paragraph (a), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘Rural Development’’ in its
place;
■ c. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 Instruction’’ and adding
‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ d. In paragraphs (d) and (e), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place.
■
■
■
PART 1956—DEBT SETTLEMENT
334. The authority citation for part
1956 continues to read as follows:
■
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Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 31
U.S.C. 3711; 42 U.S.C. 1480.
Subpart C—Debt Settlement—
Community and Business Programs
§ 1956.102
[Amended]
335. Amend § 1956.102(a) by
removing ‘‘the Farmers Home
Administration or its successor agency
under Public Law 103–354 (FmHA or its
■
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successor agency under Public Law
103–354)’’ and adding ‘‘the
government’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 personnel’’ and
adding ‘‘Rural Development personnel’’
in their place.
■ 336. Revise § 1956.105(a), (f), (g), and
(h) to read as follows:
§ 1956.105
Definitions.
(a) Settlement. The compromise,
adjustment, cancellation, or chargeoff of
a debt owed to Rural Development. The
term ‘‘settlement’’ is used for
convenience in referring to compromise,
adjustment, cancellation, or chargeoff
actions, individually or collectively.
*
*
*
*
*
(f) Debtor. The borrower of loan funds
under any of Rural Development
programs specified in § 1956.101.
(g) Security. All that serves as
collateral for Rural Development loan(s),
including, but not limited to, revenues,
tax levies, municipal bonds, and real
and chattel property.
(h) Servicing official. The Rural
Development official who is primarily
responsible for servicing the account.
*
*
*
*
*
§§ 1956.109, 1956.110, 1956.130, 1956.138,
1956.142, and 1956.148 [Amended]
337. Remove ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place in the following places:
■ a. Section 1956.109(f);
■ b. Section 1956.110;
■ c. Section 1956.130;
■ d. Section 1956.138;
■ e. Section 1956.142(f); and
■ f. Section 1956.148.
■
§ 1956.111
[Amended]
338. Amend § 1956.111 introductory
text and paragraph (a) by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
§ 1956.112
[Amended]
339. Amend § 1956.112(d) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
■
§ 1956.139
[Amended]
340. Amend § 1956.139 by:
a. In paragraph (d) introductory text:
i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ ii. Removing ‘‘Compromise Offer—
FmHA or its successor agency under
Public Law 103–354’’ and adding
■
■
■
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‘‘Compromise Offer—Rural
Development’’ in its place; and
■ iii. Removing ‘‘Adjustment Offer—
FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘Adjustment Offer—Rural
Development’’ in its place; and
■ b. In paragraphs (d)(1) and (e),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘RD’’ in its place.
§ 1956.143
[Amended]
341. Amend § 1956.143 by:
a. In paragraph (a),
i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following definitions:
■ A. ‘Debt writedown’;
■ B. ‘Delinquent debtor’;
■ C. ‘Eligibility’; and
■ D. ‘Operations review’; and
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place in the definition of ‘Net
recovery value’;
■ b. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Office’’ wherever it occurs and adding
‘‘Rural Devleopment office’’ in its place
in the following places:
■ i. Paragraph (b) introductory text;
■ ii. Paragraphs (c)(1), (c)(3)(ii)(B), and
(c)(3)(iv)(E)(1);
■ iii. Paragraphs (e)(1) introductory text,
(e)(1)(iii), (e)(2) introductory text, and
(e)(2)(ii)(A);
■ iv. Paragraphs (f)(1) and (2);
■ v. Paragraph (g)(1) introductory text;
and
■ vi. Paragraph (h).
■ c. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following places:
■ i. Paragraphs (b)(3), (b)(6), and (b)(8);
■ ii. Paragraphs (c)(3)(i)(A) and
(c)(3)(ii)(C);
■ iii. Paragraphs (e)(1)(i), (e)(2)(i), and
(e)(2)(ii)(B); and
■ iv. Paragraph (g)(1)(ii);
■ d. In paragraphs (b)(7) and
(c)(3)(iv)(B), removing ‘‘FmHA or its
successor agency under Public Law
103–354’s’’ and adding ‘‘Rural
Development’s’’ in its place;
■ e. In paragraph (c)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘to FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘to Rural Development’’ in its
place;
■ f. In paragraphs (c)(3)(ii)(B) and
(c)(3)(iv)(B)(1), removing ‘‘FmHA or its
■
■
■
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successor agency under Public Law
103–354 Instruction’’ and adding ‘‘RD
Instruction’’ in its place;
■ g. In paragraph (c)(3)(iv)(G)(2),
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Form RD’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
approval’’ and adding ‘‘Rural
Development approval’’ in its place;
■ h. In paragraphs (d)(2), (f)(2), and
(g)(3), removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ i. In paragraph (e)(1)(ii), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s approval’’ and
adding ‘‘Rural Development’s approval’’
in its place and removing ‘‘by FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place;
■ j. In paragraph (e)(2)(ii)(A):
■ i. Removing ‘‘pay FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘pay Rural
Development’’ in its place;
■ ii. Removing ‘‘inform FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘inform Rural
Development’’ in its place; and
■ iii. Removing ‘‘pay off FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘pay off Rural
Development’’ in its place;
■ k. In paragraph (f)(1):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 is’’
and adding ‘‘Rural Development is’’ in
its place; and
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ l. In paragraph (g)(1) introductory text:
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
becomes’’ and adding ‘‘Rural
Development becomes’’ in its place; and
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘Rural Development will’’
in its place; and
■ m. In paragraph (h), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 determines’’ and adding
‘‘Rural Development determines’’ in its
place.
■ 342. Revise § 1956.145 to read as
follows:
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§ 1956.145 Disposition of essential Rural
Development records.
RD Instruction 2033–A (available in
any Rural Development office) identifies
an ‘‘essential Rural Development
record’’ as the original of any document
or record which provides evidence of
indebtedness or obligation to RD and
includes, but is not limited to:
promissory notes, assumption
agreements and valuable documents,
such as bonds fully registered as to
principal and interest.
(a) Essential Rural Development
records evidencing debts settled by
compromise, completed adjustment or
cancelled with application will be
returned to the debtor or to the debtors’
legal representative. The appropriate
legend, such as ‘‘Satisfied by Approved
Compromise,’’ and the date of the final
action will be stamped or typed on the
original document. This same
information plus the date the original
document is returned to the debtor will
be shown on a copy to be placed in the
debtor’s case folder.
(b) Essential Rural Development
records evidencing debts cancelled
without application will be placed in
the debtor’s case folder and disposed of
pursuant to RD Instruction 2033–A
(available in any Rural Development
office). However, if the debtor requests
the document(s), they must be stamped
‘‘Satisfied by Approved Cancellation’’
and returned.
(c) Essential Rural Development
records evidencing charged off debts
will be retained in the servicing office
and will not be stamped or returned to
the debtor. They will be destroyed six
years after chargeoff pursuant to RD
Instruction 2033–A (available in any
Rural Development office).
§ 1956.147
[Amended]
343. Amend § 1956.147 by:
a. In paragraph (a)(1), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Form RD’’ in its place;
■ b. In paragraph (a)(4), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’;
■ c. In paragraph (b), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place and removing ‘‘owed
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘owed
Rural Development’’ in its place; and
■ d. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
Frm 00048
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344. The authority citation for part
1957 continues to read as follows:
Authority: Pub. L. 99–509, sec 2001(b)(1).
Subpart A—Rural Housing Asset Sales
§ 1957.1
[Amended]
345. Amend § 1957.1 by:
a. Removing ‘‘Farmers Home
Administration or its successor agency
under Public Law 103–354’’ and adding
‘‘Rural Housing Service (RHS)’’ in its
place;
■ b. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RHS’’ in
its place; and
■ c. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘RHS’s’’ in its place.
■
■
§§ 1957.2 and 1957.6
[Amended]
346. Amend §§ 1957.2 and 1957.6 by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RHS’’ in
its place.
■
PART 1962—PERSONAL PROPERTY
347. The authority citation for part
1962 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42
U.S.C. 1480.
Subpart A—Servicing and Liquidation
of Chattel Security
§ 1962.1
[Amended]
348. Amend § 1962.1 by removing
‘‘Farmers Home Administration or its
successor agency under Public Law
103–354 (FmHA or its successor agency
under Public Law 103–354)’’ and adding
‘‘Rural Development’’ in its place.
■
§ 1962.2
[Amended]
349. Amend § 1962.2 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’’ in its place.
■
■
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■
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§ 1962.3
[Amended]
350. Amend § 1962.3 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place.
■
§ 1962.4
[Amended]
351. Amend § 1962.4 by:
a. In the definition of ‘Acquired
chattel property,’ removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘the government’’
in its place;
■ b. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
■
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Development’’ in its place in the
following definitions:
■ i. ‘Basic security’;
■ ii. ‘Criminal action’;
■ iii. ’Default’; and
■ iv. ‘Liquidation’.
■ c. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place in the following definitions:
■ i. ‘Civil action’ and
■ ii. ‘Repossed property’.
■ d. Removing ‘‘Farmers Home
Administration or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Rural
Development’’ in its place in the
definition of ‘Normal income security’.
§§ 1962.6, 1962.16, 1962.26, 1962.27,
1962.34, 1962.41, 1962.44, and 1962.46
[Amended]
352. Remove ‘‘Form FmHA’’ and
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ wherever
they occur and adding ‘‘Form RD’’ in
their place in the following places:
■ a. Section 1962.6;
■ b. Section 1962.16;
■ c. Section 1962.26;
■ d. Section 1962.27(c) introductory text
and (d);
■ e. Section 1962.34(b)(3);
■ f. Section 1962.41;
■ g. Section 1962.44; and
■ h. Section 1962.46.
■
§ 1962.8
[Amended]
353. Amend § 1962.8 by removing
‘‘protect FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘protect Rural Development’’ in its
place and by removing ‘‘an FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘a Rural
Development’’ in its place.
■
§ 1962.17
[Amended]
354. Amend § 1962.17 by removing
‘‘Form FmHA’’ wherever it occurs and
adding ‘‘Form RD’’ in its place and by
removing ‘‘The FmHA has’’ in
paragraph (d)(2)(ii) and adding ‘‘Rural
Development has’’ in its place.
■
§ 1962.18
[Amended]
355. Amend § 1962.18 by:
a. In paragraph (a), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 1962.1’’ and adding ‘‘the
applicable Agency form’’ in its place;
and
■ b. In paragraph (b)(1), by:
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354 1962–1’’ and adding ‘‘the
applicable Agency form’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 431–
2’’ and adding ‘‘RD 431–2’’ in its place;
and
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■
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iii. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘to Rural
Development’’ in its place.
■
§ 1962.19
[Amended]
356. Amend § 1962.19 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place;
■ b. In paragraph (a)(1)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place;
■ c. In paragraph (a)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place;
■ d. In paragraph (b)(1)(iii), removing
‘‘FmHA or its successor agency under
Public Law 103–354 holds’’ and adding
‘‘Rural Development holds’’ in its place
and removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place; and
■ e. In paragraph (b)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
■
§ 1962.27
[Amended]
357. Amend § 1962.27 by:
a. In paragraph (a)(4), removing
‘‘FmHA or its successor agency under
Public Law 103–354 has’’ and adding
‘‘Rural Development has’’ in its place
and removing ‘‘borrower non FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘borrower nor
Rural Development’’ in its place;
■ b. In paragraphs (c)(1) and (c)(2)
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ c. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘RD’’ in its place; and
■ d. In paragraph (e), removing ‘‘to
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘to
Rural Development’’ in its place and
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Form
RD’’ in its place.
■
■
§ 1962.29
[Amended]
358. Amend § 1962.29 by:
a. In paragraph (a)(1):
i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ ii. Removing ‘‘accepted by FmHA or
its successor agency under Public Law
■
■
■
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103–354’’ and adding ‘‘accepted by
Rural Development’’ in its place; and
■ iii. Removing ‘‘paid by FmHA or its
successor agency under Public Law
103–354, the County Supervisor may
pay them as a petty purchase or as the
bill of a creditor of FmHA or its
successor agency under Public Law
103–354 in accordance with FmHA or
its successor agency under Public Law
103–354 Instructions 2024–E, copies of
which are available in any FmHA or its
successor agency under Public Law
103–354 office.’’ and adding ‘‘paid by
Rural Development, the field office may
pay them in accordance to RD
Instruction 2024–A, Exhibit D, Program
Loan Cost Expenses.’’ in its place;
■ b. In paragraphs (a)(2) and (a)(3),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place;
■ c. In paragraph (b) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 Office’’ and adding
‘‘Rural Development office’’ in its place;
and
■ d. In paragraph (b)(4), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place.
§ 1962.34
[Amended]
359. Amend § 1962.34 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354 office’’ and adding
‘‘Rural Development office’’ in its place
and removing ‘‘Form FmHA or its
successor agency under Public Law
103–354 410–1, ‘‘Application for FmHA
or its successor agency under Public
Law 103–354 Services,’’ and adding
‘‘Form RD 410–1, ‘‘Application for RD
Services,’’ in its place;
■ b. In paragraph (a)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ c. In paragraph (a)(2):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ ii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
■
■
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office’’ and adding ‘‘RD office’’ in its
place; and
§ 1962.40
iii. Removing ‘‘and FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘and Rural
Development’’ in its place; and
■ h. In paragraph (d), removing ‘‘an
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘a
Rural Development’’ in its place.
■
[Amended]
360. Amend § 1962.40(e)(1)(ii) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place.
■
§ 1962.41
§ 1962.45
[Amended]
361. Amend § 1962.41 by removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and ‘‘Form
FmHA’’ wherever they occur and
adding ‘‘Form RD’’ in their place.
■
§ 1962.42
[Amended]
362. Amend § 1962.42 by:
a. In paragraphs (b)(2) and (b)(3),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’;
■ b. In paragraph (c) introductory text,
removing ‘‘by FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘by Rural Development’’ in its
place and removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ c. In paragraph (c)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354 employee’’ and
adding ‘‘Rural Development employee’’
in its place;
■ d. In paragraph (c)(3), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Form RD’’ in its
place, and removing ‘‘FmHA or its
successor agency under Public Law
103–354 will’’ wherever it occurs and
adding ‘‘Rural Development’’ in its
place;
■ e. In paragraphs (c)(4)(ii) and (c)(6)(i),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ f. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘RD’’ in
its place in the following places:
■ i. Paragraphs (c)(5)(i) introductory
text, (c)(5)(i)(A), (c)(5)(i)(B), and
(c)(5)(ii);
■ ii. Paragraph (c)(6)(ii) introductory
text;
■ iii. Paragraph (c)(6)(ii)(A); and
■ iv. Paragraph (c)(7);
■ g. In paragraph (c)(8):
■ i. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
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■
■
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[Amended]
363. Amend § 1962.45 by removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and by removing
‘‘by FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘by Rural Development’’ in its place.
■
Jkt 235001
§ 1962.49
[Amended]
364. Amend § 1962.49 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following places:
■ i. The introductory text;
■ ii. Paragraphs (b)(1)(v), (b)(2)(i), and
(b)(2)(ii);
■ iii. Paragraphs (b)(3) introductory text
and (b)(3)(i) through (b)(3)(iv);
■ iv. Paragraph (c) introductory text;
and
■ v. Paragraphs (e)(2) introductory text,
(e)(2)(i), and (e)(3) introductory text;
■ b. In paragraph (a):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 staff’’
and adding ‘‘Rural Development staff’’
in its place;
■ c. In paragraph (b) introductory text:
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
and adding ‘‘Rural Development’s’’ in
its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ iii. Removing ‘‘interests of FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘interests of Rural
Development’’ in its place;
■ e. In paragraph (b)(1)(vi), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place;
■ f. In paragraph (c)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘RD’’ in its place and
removing ‘‘wh=n applicable’’ and
adding ‘‘when applicable’’ in its place;
■
■
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g. In paragraph (c)(3)(i):
i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 455–
1’’ and adding ‘‘RD 455–1’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 455–
2’’ and adding ‘‘RD 455–2’’ in its place;
■ iii. Removing ‘‘Forms FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
employee’’ and adding ‘‘Rural
Development employee’’ in its place;
and
■ v. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
employees’’ and adding ‘‘Rural
Development employees’’ in its place;
■ h. In paragraphs (c)(3)(ii) introductory
text and (e)(2)(ii), removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘RD’’ in its place;
■ i. In paragraph (c)(3)(ii)(A), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs and adding ‘‘Form RD’’ in its
place and removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place;
■ j. In paragraph (c)(3)(ii)(B), removing
‘‘FmHA or its successor agency under
Public Law 103–354’s’’ and adding
‘‘Rural Development’s’’ in its place;
■ k. In paragraph (d), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place and removing ‘‘FmHA
or its successor agency under Public
Law 103–354 field office’’ wherever it
occurs and adding ‘‘Rural Development
field office’’ in its place;
■ l. In paragraph (e) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354
1951–9, Annual ‘‘Statement of Loan
Account,’’ and adding ‘‘RD 1951–9,
‘‘Annual Statement of Loan Account,’’
in its place; and
■ m. In paragraph (e)(1), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘Form RD’’ in its place and removing
‘‘FmHA or its successor agency under
Public Law 103–354 field office’’
wherever it occurs and adding ‘‘Rural
Development field office’’ in its place.
■
■
PART 1980—GENERAL
365. The authority citation for part
1980 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
Subpart E also issued under 7 U.S.C.
1932(a).
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Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations
§ 1980.412
Subpart E—Business and Industrial
Loan Program
§ 1980.401
[Amended]
366. Amend § 1980.401(d) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
■ 367. Revise § 1980.405 to read as
follows:
■
§ 1980.405
Rural areas.
The business financed with a B&I loan
must be located in a rural area. Loans to
borrowers with facilities located in both
rural and non-rural areas will be limited
to the amount necessary to finance the
facility located in the eligible rural area.
Cooperatives that are headquartered in a
non-rural area may be eligible for a B&I
loan if the loan is used for a project or
venture that is located in a rural area.
Rural areas are any areas other than a
city or town that has a population of
greater than 50,000 inhabitants; and the
urbanized area contiguous and adjacent
to such a city or town, as defined by the
U.S. Bureau of the Census. For the
purpose of this section:
(a) The population figure is obtained
from the most recent decennial Census
of the United States (decennial Census).
If the applicable population figure
cannot be obtained from the most recent
decennial Census, RD will determine
the applicable population figure based
on available population data; and
(b) An urbanized area means a
densely populated territory as defined
in the most recent decennial Census or
other Agency-accepted data source if
not defined in the most recent decennial
Census.
§ 1980.411
[Amended]
368. Amend § 1980.411 by:
a. In paragraphs (a)(7) and (a)(11)
introductory text, removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place;
■ b. In paragraph (a)(12):
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ ii. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘to Rural Development’’ in its place;
and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
State’’ and adding ‘‘Rural Development
State’’ in its place; and
■ c. In paragraph (a)(13), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
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■
■
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Jkt 235001
[Amended]
369. Amend § 1980.412 by removing
in the Administrative text at the end of
the section ‘‘FmHA or its successor
agency under Public Law 103–354’’.
■
§ 1980.413
[Amended]
370. Amend § 1980.413(a)
introductory text by removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘the Agency’’
in its place.
■
§ 1980.414
[Amended]
371. Amend § 1980.414 by:
a. In paragraph (a), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place and removing ‘‘to
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘to Rural Development’’ in
its place; and
■ b. In paragraph (b), removing ‘‘to
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘to
Rural Development’’ in its place.
■
■
§ 1980.419
[Amended]
372. Amend § 1980.419 by removing
from paragraph C. of the Admnistrative
text ‘‘FmHA or its successor agency
under Public Law 103–354 National
Office’’ and adding ‘‘Rural Development
National Office’’ in its place and by
removing ‘‘Form FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Form RD’’ in its place.
■
§ 1980.420
[Amended]
373. Amend § 1980.420 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ b. In paragraph (d) introductory text:
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
informs’’ and adding ‘‘Rural
Development informs’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place; and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
determines’’ and adding ‘‘Rural
Development determines’’ in its place.
■
■
§ 1980.423
[Amended]
374. Amend § 1980.423 by:
a. In paragraphs (a) introductory text
and (a)(2), removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development review’’ in its
place;
■ b. In paragraph (a)(3), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354 conditional
■
■
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9905
Commitment For Guarantee,’’ and
adding ‘‘Form RD 449–14, ‘‘Conditional
Commitment for Guarantee,’’ in its place
and removing ‘‘Form FmHA or its
successor agency under Public Law
103–354 449–14’’ and adding ‘‘Form RD
449–14’’ in its place;
■ c. In paragraphs (a)(5), (a)(6)
introductory text, and (b)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development
review’’ in its place;
■ d. In paragraph (b)(2), removing
‘‘FmHA or its successor agency under
Public Law 103–354 Instruction’’ and
adding ‘‘RD Instruction’’ in its place and
removing ‘‘FmHA or its successor
agency under Public Law 103–354
Office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ e. In the Administrative text at the end
of the section, removing ‘‘Form FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Form RD’’
in its place and removing ‘‘FmHA or its
successor agency under Public Law
103–354 loan’’ and adding ‘‘Rural
Development loan’’ in its place.
§ 1980.424
[Amended]
375. Amend § 1980.424 by:
a. In paragraphs (a) and (d), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraphs (b) and (c), removing
‘‘an FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘a Rural Development’’ in its place; and
■ c. In the Administrative text at the end
of the section, in its introductory text
and paragraphs A.3 and 5, B.2 and 4,
and C, removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘RD’’ in its place.
■
■
§§ 1980.432 and 1980.433
[Amended]
376. Amend §§ 1980.432 and
1980.433 by removing in the
Administrative text at the end of the
sections ‘‘FmHA or its successor agency
under Public Law 103–354’’ and adding
‘‘RD’’ in its place.
■
§ 1980.434
[Amended]
377. Amend § 1980.434 by removing
in the Administrative text at the end of
the section ‘‘FmHA or its successor
agency under Public Law 103–354
Official’’ and adding ‘‘Rural
Development official’’ in its place.
■
§ 1980.442
[Amended]
378. Amend § 1980.442 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘and Rural Development’’ in
its place.
■
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§ 1980.443
Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations
[Amended]
§ 1980.444
[Amended]
380. Amend § 1980.444(b) and (e) by
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place.
■
§ 1980.451
[Amended]
381. Amend § 1980.451 by:
a. In paragraph (a), removing
‘‘desiring FmHA or its successor agency
under Public Law 103–354 assistance’’
and adding ‘‘desiring assistance’’ in its
place; and removing ‘‘FmHA or its
successor agency under Public Law
103–354 State’’ and adding ‘‘Rural
Development State’’ in its place;
■ b. In paragraph (b):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ iii. Removing ‘‘between FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘between Rural
Development’’ in its place;
■ c. In paragraph (c):
■ i. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and adding ‘‘RD
Instruction’’ in its place;
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■
■
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iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ and adding ‘‘Rural Development
office’’ in its place; and
■ iv. Removing ‘‘SBA and FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘the Small
Business Administration and the U.S.
Department of Agriculture Rural
Development (Business and Industrial
Loans)’’ in its place;
■ d. In paragraphs (d) introductory text,
(d)(1), (d)(3) introductory text, (d)(3)(iii)
introductory text, and (d)(3)(iv)(A),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place;
■ e. In paragraph (d)(3)(v):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354assisted’’ and adding ‘‘Rural
Development-assisted’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
loans’’ and adding ‘‘Rural Development
loans’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
funds’’ and adding ‘‘Rural Development
funds’’ in its place; and
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will
consider’’ and adding ‘‘Rural
Development will consider’’ in its place;
■ f. Revising paragraph (d)(3)(vi);
■ g. In paragraph (e) introductory text,
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ h. In paragraph (f)(2), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Form
RD’’ in its place;
■ i. In paragraph (f)(3):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 449–
4’’ wherever it occurs and adding ‘‘RD
449–4’’ in its place;
■ ii. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘by Rural
Development’’ in its place; and
■ iii. Removing ‘‘result in FmHA or its
successor agency under Public Law
103–354’s’’ and adding ‘‘result in Rural
Development’’ in its place;
■ j. In paragraph (g), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ wherever it occurs and
adding ‘‘Rural Development’’ in its
place, and removing ‘‘FmHA or its
successor agency under Public Law
103–354’s’’ and adding ‘‘Rural
Development’s’’ in its place;
■ k. In paragraph (h), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 will submit Form FmHA
■
379. Amend § 1980.443 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place in the
following places:
■ i. In paragraphs (a)(1), (a)(4)(i)
introductory text, (a)(4)(i)(A)(4),
(a)(4)(i)(B), (a)(4)(i)(C), and (a)(4)(ii); and
■ ii. In paragraphs (b)(1), (b)(2)
introductory text, (b)(2)(i), (b)(5), (b)(6),
and (b)(7)(iii); and
■ b. In the Administrative text at the
end of the section:
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’
from paragraph A introductory text and
adding ‘‘Rural Development’s’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 at
its’’ from paragraph A.3 and adding
‘‘Rural Development at its’’ in its place;
and
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
official’’ from paragraph A.3 and adding
‘‘Rural Development official’’ in its
place.
■
■
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or its successor agency under Public
Law 103–354 449–22’’ and adding
‘‘Rural Development will submit Form
RD 449–22’’ in its place;
■ l. In paragraphs (i)(1), (i)(2), (i)(3), and
(i)(10), removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ m. In paragraphs (i)(7), (i)(9),
(i)(13)(viii), (i)(13)(x), and (i)(15),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place;
■ n. In paragraph (i)(13) introductory
text, removing ‘‘FmHA’’ wherever it
occurs and adding ‘‘RD’’ in its place;
■ o. In paragraph (i)(18)(i), removing
‘‘FmHA or its successor agency under
Public Law 103–354 solicits’’ and
adding ‘‘Rural Development solicits’’ in
its place and removing ‘‘Form FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ p. In paragraph (i)(18)(ii):
■ i. Removing ‘‘If FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘If Rural Development’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘Rural Development will’’
in its place; and
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ q. In paragraph (i)(19), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ r. In paragraphs (j) and (k), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ s. In the Administrative text at the end
of the section:
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs in
paragraphs A.3 through 5, A.6(a)
through (c), and B.3(b) and (c), and
adding ‘‘Form RD’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
with’’ in paragraphs A.3 and 4 and
adding ‘‘Rural Development with’’ in its
place;
■ iii. Removing ‘‘whom FmHA or its
successor agency under Public Law
103–354’’ in paragraph A.4 and adding
‘‘whom Rural Development’’ in its
place;
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ wherever it occurs in
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Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations
paragraphs A.5 and B.5 and adding ‘‘RD
Instruction’’ in its place;
■ v. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 449–
4’’ in paragraph A.6(c) and the note to
paragraph A.6 and adding ‘‘RD 449–4’’
in its place;
■ vi. Removing ‘‘Forms FmHA or its
successor agency under Public Law
103–354’’ in the note to paragraph A.6
and adding ‘‘Forms RD’’ in its place;
■ vii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354 449–29, ‘‘Project Summary—
Business Industrial Loan Division,’’ in
paragraph B.3.(b) and adding ‘‘A Project
Summary’’ in its place;
■ viii. Removing ‘‘Copy of FmHA or its
successor agency under Public Law
103–354’’ in paragraph B.3.(d) and
adding ‘‘Copy of Rural Development’’ in
its place;
■ ix. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ in paragraph B.5 and adding
‘‘Rural Development office’’ in its place;
■ x. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
employees’’ in paragraph B.5 and
adding ‘‘Rural Development employees’’
in its place;
■ xi. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’ in
paragraph B.5 and adding ‘‘Rural
Development’s’’ in its place;
■ xii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
position’’ in paragraph B.5 and adding
‘‘Rural Development position’’ in its
place;
■ xiii. Removing ‘‘FmHA or its
successor agency under Public Law
103–354 urges’’ in paragraph B.6 and
adding ‘‘Rural Development urges’’ in
its place;
■ xiv. Removing ‘‘FmHA or its
successor agency under Public Law
103–354 audit’’ in paragraph B.6 and
adding ‘‘Rural Development audit’’ in
its place;
■ xv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs in the Description of
Record or Form Number and Title table
at the end of the Administrative text
section and adding ‘‘RD’’ in its place;
and
■ xvi. Removing ‘‘449–29’’ in the
Description of Record or Form Number
and Title table at the end of the
Administrative text section and adding
‘‘449–29 (obsolete)’’ in its place.
The revision reads as follows:
§ 1980.451 Filing and processing
applications.
*
*
*
(d) * * *
(3) * * *
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*
*
20:01 Feb 23, 2015
Jkt 235001
(vi) Indexation. When current annual
data are not available to determine a
State’s nonmetropolitan household
income for purposes of the calculations
described in paragraph (d)(3)(iii) of this
section, indexation of census data is
necessary. The State Director will use
the figure from the 5-year data from the
American Community Survey (ACS) or,
if needed, other Census Bureau data,
increased by a factor representing the
increase since the year of that census in
the Consumer Price Index (‘‘CPI–U’’).
That factor shall be furnished annually
by the National Office, Rural
Development.
*
*
*
*
*
§ 1980.452
[Amended]
382. Amend § 1980.452 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
evaluation’’ from the section heading
and adding ‘‘Rural Development
evaluation’’ in its place;
■ b. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
wherever it occurs in the introductory
text and adding ‘‘Rural Development
will’’ in its place;
■ c. Removing ‘‘If FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs in the
introductory text and adding ‘‘If Rural
Development’’ in its place;
■ d. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs in the
introductory text and adding ‘‘Form
RD’’ in its place;
■ e. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
State’’ in the introductory text, and
adding ‘‘Rural Development State’’ in its
place; and
■ f. In the Administrative text at the end
of the section:
■ i. Removing ‘‘an FmHA or its
successor agency under Public Law
103–354 State’’ in paragraph D.
introductory text, and adding ‘‘a Rural
Development State’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs in
paragraphs D. introductory text, D.6
introductory text, D.6.a, b, and d, and
d.7, and adding ‘‘Form RD’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
employees’’ in paragraph D.
introductory text and adding ‘‘Rural
Development employees’’ in its place;
■ iv. Removing ‘‘non-FmHA or its
successor agency under Public Law
103–354’’ in paragraph D.2 and adding
‘‘non-Rural Development’’ in its place;
■ v. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
■
■
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9907
Instruction’’ in paragraphs D.2 and
D.6.d and e, and adding ‘‘RD
Instruction’’ in its place;
■ vi. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Office’’ in paragraphs D.2 and D.6.d and
e, and ‘‘FmHA or its successor agency
under Public Law 103–354 office’’ and
adding ‘‘Rural Development office’’ in
their place;
■ vii. Removing ‘‘the FmHA or its
successor agency under Public Law
103–354 State’’ in paragraphs D.
introductory text and D.3 and adding
‘‘the Rural Development State’’ in its
place;
■ viii. Removing ‘‘FmHA or its
successor agency under Public Law
103–354 programs’’ wherever it occurs
in paragraph D.3 and adding ‘‘Rural
Development programs’’ in its place;
■ ix. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 as a’’
in paragraph D.3 and adding ‘‘Rural
Development as a’’ in its place;
■ x. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 case’’
in paragraph D.6 introductory text and
adding ‘‘Rural Development case’’ in its
place; and
■ xi. Removing ‘‘Legislative Affairs and
Public Information staff in the National
Office’’ in paragraph D.6.d and adding
‘‘Legislative and Public Affairs Staff in
the Rural Development National Office’’
in its place.
§ 1980.453
[Amended]
383. Amend § 1980.453 by:
a. In paragraph (a):
i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
State’’ and adding ‘‘Rural Development
State’’ in its place; and
■ iii. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘to Rural
Development’’ in its place;
■ b. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ c. In the Administrative text at the end
of the section:
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354 449–29’’ and adding ‘‘the
Project Summary’’ in its place; and
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ iii. Removing ‘‘2. A copy of FmHA or
its successor agency under Public Law
103–354 State Loan Review Board
■
■
■
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Minutes’’ and adding ‘‘3. A copy of
Rural Development State Loan Review
Board Minutes’’ in its place.
§ 1980.454
[Amended]
384. Amend § 1980.454 by:
a. In paragraph (a):
i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
State’’ and adding ‘‘Rural Development
State’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ iii. Removing ‘‘provide FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘provide Rural
Development’’ in its place; and
■ iv. Removing ‘‘approved by FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘approved by
Rural Development’’ in its place;
■ b. In paragraph (b):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘Rural Development will’’
in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place; and
■ iii. Removing ‘‘approved by the
FmHA or its successor agency under
Public Law 103–354 National Office’’
and adding ‘‘approved by the National
Office’’ in its place;
■ c. In paragraph (c), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Form RD’’ in its place and
removing ‘‘intent of FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘intent of Rural
Development’’ in its place;
■ d. In paragraphs (e) and (f), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Rural Development’’ in its
place; and
■ e. In the Administrative text at the end
of the section:
■ i. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Form RD’’ in its place;
■ ii. Removing ‘‘Inspection Reports’’ in
paragraph A.2 and adding ‘‘Inspection
Report’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
personnel’’ in paragraph C. and adding
‘‘Rural Development personnel’’ in its
place; and
■ iv. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ in paragraph F. and adding
‘‘by Rural Development’’ in its place.
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■
■
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§ 1980.469
[Amended]
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xi. Removing ‘‘guaranteed by FmHA
or its successor agency under Public
Law 103–354’’ in paragraph B.3 and
adding ‘‘guaranteed by Rural
Development’’ in its place;
■ xii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 was
deceived’’ in paragraph B.6 and adding
‘‘Rural Development was deceived’’ in
its place;
■ xiii. Removing ‘‘FmHA or its
successor agency under Public Law
103–354 could then’’ in paragraph B.7
and adding ‘‘Rural Development could
then’’ in its place;
■ xiv. Removing ‘‘FmHA or its
successor agency under Public Law
103–354 personnel’’ in paragraph C.2
and adding ‘‘Rural Development
personnel’’ in its place;
■ xv. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ in paragraphs C.3.(d) and C.4
and adding ‘‘Form RD’’ in its place;
■ xvi. Removing ‘‘noted by FmHA or its
successor agency under Public Law
103–354’’ in paragraph C.4 and adding
‘‘noted by Rural Development’’ in its
place;
■ xvii. Removing ‘‘statements for FmHA
or its successor agency under Public
Law 103–354’’ in paragraph C.5 and
adding ‘‘statements for Rural
Development’’ in its place;
■ xviii. Removing ‘‘FmHA or its
successor agency under Public Law
103–354 in turn’’ in paragraph C.5 and
adding ‘‘Rural Development in turn’’ in
its place;
■ xix. Removing ‘‘FmHA or its
successor agency under Public Law
103–354’s’’ in paragraph C.5 and adding
‘‘Rural Development’s’’ in its place; and
■ xx. Removing ‘‘borrower and FmHA
or its successor agency under Public
Law 103–354’’ in paragraph C.6 and
adding ‘‘borrower, and Rural
Development’’ in its place.
■
385. Amend § 1980.469 by:
a. In the introductory text, removing
‘‘FmHA or its successor agency under
Public Law 103–354 of’’ and adding
‘‘Rural Development (RD) of’’ in its
place and removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ b. In paragraphs (a)(1), (c)
introductory text, and (c)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ c. In the Administrative text at the end
of the section:
■ i. Removing ‘‘Refer to appendix G of
this subpart (available in any FmHA or
its successor agency under Public Law
103–354 Office)’’ in the introductory
text and adding ‘‘Refer to RD Instruction
1980–E, Appendix G, Liquidation and
Property Management Guide (available
in any RD office)’’ in its place;
■ ii. Removing ‘‘which FmHA or its
successor agency under Public Law
103–354’’ in paragraph B.1 and adding
‘‘which Rural Development’’ in its
place;
■ iii. Removing ‘‘approved by FmHA or
its successor agency under Public Law
103–354’’ in paragraph B.1 and adding
‘‘approved by Rural Development’’ in its
place;
■ iv. Removing ‘‘the time FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs in
paragraphs B.2 and C.4 and adding ‘‘the
time Rural Development’’ in its place;
■ v. Removing ‘‘occurs FmHA or its
successor agency under Public Law
103–354’’ in paragraph B.2 and adding
‘‘occurs Rural Development’’ in its
place;
■ vi. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ in paragraph B.3 and
adding ‘‘RD Instruction’’ in its place;
■ vii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
office’’ in paragraph B.3 and adding
‘‘Rural Development office’’ in its place;
■ viii. Removing ‘‘FmHA or its
successor agency under Public Law
103–354 staff’’ in paragraph B.3 and
adding ‘‘Rural Development staff’’ in its
place;
■ ix. Removing ‘‘If FmHA or its
successor agency under Public Law
103–354’’ in paragraphs B.3 and 5 and
adding ‘‘If Rural Development’’ in its
place;
■ x. Removing ‘‘claim to FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs in
paragraphs B.3 and 4 and adding ‘‘claim
to Rural Development’’ in its place;
■
■
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§ 1980.470
[Amended]
386. Amend the Administrative text at
the end of § 1980.470 by:
■ a. Removing ‘‘Refer to appendix G of
this subpart (available in any FmHA or
its successor agency under Public Law
103–354 Office)’’ from the introductory
text and adding ‘‘Refer to RD Instruction
1980–E, Appendix G, Liquidation and
Property Management Guide (available
in any Rural Development office)’’ in its
place;
■ b. Removing ‘‘by the FmHA or its
successor agency under Public Law
103–354’’ in paragraph A. and adding
‘‘by the Rural Development’’ in its
place;
■ c. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ in paragraph A. and adding
‘‘by Rural Development’’ in its place;
■
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d. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ in paragraphs B. and D. and
adding ‘‘Form RD’’ in its place;
■ e. Removing ‘‘risks of the FmHA or its
successor agency under Public Law
103–354’’ in paragraph B. and adding
‘‘risks of Rural Development’’ in its
place;
■ f. Removing ‘‘the lender and FmHA or
its successor agency under Public Law
103–354’’ in paragraph B. and adding
‘‘the lender and Rural Development’’ in
its place;
■ g. Removing ‘‘when FmHA or its
successor agency under Public Law
103–354’’ in paragraph D. and adding
‘‘when Rural Development’’ in its place;
■ h. Removing ‘‘will FmHA or its
successor agency under Public Law
103–354 endorse’’ in paragraph D. and
adding ‘‘will Rural Development
endorse’’ in its place; and
■ i. Removing ‘‘assist FmHA or its
successor agency under Public Law
103–354’’ in paragraph F. and adding
‘‘assist Rural Development’’ in its place.
■
§ 1980.471
[Amended]
387. Amend § 1980.471 by:
a. In the introductory text, removing
‘‘Refer to appendix G of this subpart
(available in any FmHA or its successor
agency under Public Law 103–354
Office)’’ and adding ‘‘Refer to RD
Instruction 1980–E, Appendix G,
Liquidation and Property Management
Guide (available in any Rural
Development office)’’ in its place;
■ b. In paragraphs (a)(1) and (a)(2),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place; and
■ c. In the Administrative text at the end
of the section:
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
personnel’’ in paragraph A. and adding
‘‘Rural Development personnel’’ in its
place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
in paragraph B. and adding ‘‘Rural
Development will’’ in its place;
■ iii. Removing ‘‘between FmHA or its
successor agency under Public Law
103–354’’ in paragraph B. and adding
‘‘between Rural Development’’ in its
place;
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
consider’’ in paragraph B. and adding
‘‘Rural Development consider’’ in its
place;
■ v. Removing ‘‘When FmHA or its
successor agency under Public Law
103–354 liquidates,’’ in paragraph B.
and adding ‘‘When Rural Development
liquidates,’’ in its place;
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■
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vi. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs in
paragraphs B. and E. and adding ‘‘Form
RD’’ in its place;
■ vii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 is’’ in
paragraph D. and adding ‘‘Rural
Development is’’ in its place;
■ viii. Removing ‘‘499–30’’ in paragraph
E. and adding ‘‘449–30’’ in its place;
■ ix. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354 to’’ in paragraph F. and adding
‘‘by Rural Development to’’ in its place;
and
■ x. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
guaranteed loan’’ in paragraph F. and
adding ‘‘Rural Development guaranteed
loan’’ in its place.
103–354’’ in paragraph A. and adding
‘‘that Rural Development’’ in its place;
■ iii. Removing ‘‘advising FmHA or its
successor agency under Public Law
103–354’’ in paragraph F. and adding
‘‘advising Rural Development’’ in its
place;
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
servicing’’ wherever it occurs in
paragraphs F. and H. and adding ‘‘Rural
Development servicing’’ in its place;
and
■ v. Removing ‘‘actions FmHA or its
successor agency under Public Law
103–354’’ in paragraph H. and adding
‘‘actions Rural Development’’ in its
place.
§ 1980.472
■
■
[Amended]
388. Amend § 1980.472 by removing
‘‘Refer to appendix G of this subpart
(available in any FmHA or its successor
agency under Public Law 103–354
Office)’’ and adding ‘‘Refer to RD
Instruction 1980–E, Appendix G,
Liquidation and Property Management
Guide (available in any Rural
Development office)’’ in its place.
■
§ 1980.473
[Amended]
389. Amend § 1980.473 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘RD’’
in its place.
■
§ 1980.475
[Amended]
390. Amend § 1980.475 by:
a. In paragraph (a)(6), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (b), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’s opinion, FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Rural
Development’s opinion, Rural
Development’’ in its place;
■ c. In paragraph (d), removing ‘‘FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘RD’’ in its
place; and
■ d. In the Administrative text at the
end of the section:
■ i. Removing ‘‘Refer to appendix G of
this subpart (available in any FmHA or
its successor agency under Public Law
103–354 Office)’’ in the introductory
text and adding ‘‘Refer to RD Instruction
1980–E, Appendix G, Liquidation and
Property Management Guide (available
in any Rural Development office)’’ in its
place;
■ ii. Removing ‘‘that FmHA or its
successor agency under Public Law
■
■
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Fmt 4701
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§ 1980.476
[Amended]
391. Amend § 1980.476 by:
a. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place wherever it occurs in the
following places:
■ i. Paragraph (a);
■ i. Paragraphs (e) introductory text,
(e)(1), (e)(2), (g)(2)(i), and (g)(2)(iii);
■ ii. Paragraph (h);
■ iii. Paragraph (i);
■ iv. Paragraph (j);
■ v. Paragraph (l);
■ vi. Paragraph (m) introductory text;
and
■ vii. Paragraph (n);
■ b. In paragraph (c), removing ‘‘FmHA
or its successor agency under Public
Law 103–354 Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ c. In paragraph (p), removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘Form RD’’ in its place and
removing ‘‘Form 449–30’’ and adding
‘‘Form RD 449–30’’ in its place; and
■ d. In the Administrative text at the
end of the section:
■ i. Removing ‘‘Refer to appendix G of
this subpart (available in any FmHA or
its successor agency under Public Law
103–354 Office)’’ and adding ‘‘Refer to
RD Instruction 1980–E, Appendix G,
Liquidation and Property Management
Guide (available in any Rural
Development office)’’ in its place;
■ ii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 file’’
in paragraph B. and adding ‘‘Rural
Development file’’ in its place; and
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ in paragraph B. wherever it
occurs and adding ‘‘Form RD’’ in its
place.
■
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§ 1980.481
Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Rules and Regulations
[Amended]
§ 1980.488
[Amended]
393. Amend § 1980.488(a) and (b), and
the administrative text at the end of the
section by removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place.
■
§ 1980.490
[Amended]
394. Amend § 1980.490 by:
a. In paragraphs (d)(1) through (d)(4),
removing ‘‘FmHA or its successor
agency under Public Law 103–354’’
wherever it occurs and adding ‘‘Rural
Development’’ in its place;
■ b. In paragraph (f)(1), removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ wherever it occurs
and adding ‘‘RD’’ in its place;
■ c. In paragraph (f)(2):
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
and adding ‘‘Rural Development will’’
in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354 449–29’’ and adding ‘‘the
Project Summary’’ in its place; and
■ iii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘Form RD’’ in its
place;
■ d. In paragraph (f)(3), removing
‘‘FmHA or its successor agency under
Public Law 103–354 will’’ wherever it
occurs and adding ‘‘Rural Development
will’’ in its place and removing ‘‘Form
FmHA or its successor agency under
Public Law 103–354 1980–48’’ and
adding ‘‘Form 1980–48’’ in its place;
■ e. In paragraph (f)(4):
■ i. Removing ‘‘from FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘from Rural
Development’’ in its place;
■ ii. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354 1980–23, ‘‘Request for Business
and Industry Interest Buydown
Payment,’’ and adding ‘‘Form RD 1980–
24, ‘‘Request Interest Assistance/Interest
Rate Buydown Subsidy Payment to
Guaranteed Loan Lender,’’ in its place;
■ iii. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
servicing office’’ wherever it occurs and
adding ‘‘Rural Development servicing
office’’ in its place;
■ iv. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
regulations’’ and adding ‘‘Rural
Development regulations’’ in its place;
and
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■
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v. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354 1980–48’’ and adding ‘‘Form
1980–48’’ in its place;
■ f. In paragraph (g), removing ‘‘When
FmHA or its successor agency under
Public Law 103–354’’ and adding
‘‘When Rural Development’’ in its place
and removing ‘‘Form FmHA or its
successor agency under Public Law
103–354 1980–23’’ and adding ‘‘Form
RD 1980–24’’ in its place;
■ g. In paragraphs (n) introductory text,
(n)(4), and (n)(5), removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘RD’’ in its place;
■ h. In paragraphs (p)(4) introductory
text and (p)(5)(iii), removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘Rural
Development’’ in its place; and
■ i. In paragraph (p)(4)(ii), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354 1980–25,
‘‘Farmer Programs Applications,’’ or
FmHA or its successor agency under
Public Law 103–354 449–1’’ and adding
‘‘Form RD 449–1’’ in its place.
■ 395. Revise § 1980.495 to read as
follows:
■
392. Amend § 1980.481 introductory
text by removing ‘‘FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place.
■
Jkt 235001
§ 1980.495
RD forms and guides.
The following RD forms and guides,
as applicable, are used in connection
with processing B&I, D&D, and DARBE
loan guarantees; they are incorporated
in this subpart and made a part hereof:
(a) Form RD 449–1. ‘‘Application for
Loan and Guarantee’’ is referred to as
‘‘Appendix A,’’ or successor form,
(b) The ‘‘Certificate of Incumbency
and Signature’’ or successor form,
(c) ‘‘Guidelines for Loan Guarantees
for Alcohol Fuel Production Facilities’’
is referred to as ‘‘Appendix C.’’
(d) ‘‘Alcohol Production Facilities
Planning, Performing, Development and
Project Control’’ is referred to as
‘‘Appendix D.’’
(e) ‘‘Environmental Assessment
Guidelines’’ is referred to as ‘‘Appendix
E.’’
(f) Form RD 449–14, ‘‘Conditional
Commitment for Guarantee,’’ or
successor form.
(g) ‘‘Liquidation and Property
Management Guide’’ as found in RD
Instruction 1980–E Appendix G.
(h) ‘‘Suggested Format for the Opinion
of the Lender’s Legal Counsel’’ is
referred to as ‘‘Appendix H.’’
(i) ‘‘Instructions for Loan Guarantees
for Drought and Disaster Relief’’ and
Forms RD 1980–68, ‘‘Lender’s
Agreement—Drought and Disaster
Guaranteed Loans,’’ 1980–69, ‘‘Loan
Note Guarantee—Drought and Disaster
Guaranteed Loans,’’ and 1980–70,
‘‘Assignment Guarantee Agreement—
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Frm 00056
Fmt 4701
Sfmt 4700
Drought and Disaster Guaranteed
Loans,’’ or their successor forms.
(j) [Reserved]
(k) ‘‘Regulations for Loan Guarantees
for Disaster Assistance for Rural
Business Enterprises’’ and Forms RD
1980–71, ‘‘Lender’s Agreement—
Disaster Assistance for Rural Business
Enterprises Guaranteed Loans,’’ 1980–
72 ‘‘Loan Note Guarantee—Disaster
Assistance for Rural Business
Enterprises Guaranteed Loans,’’ and
1980–73 ‘‘Assignment Guarantee
Agreement—Disaster Assistance for
Rural Business Enterprises Guaranteed
Loans’’ or their successor forms.
§ 1980.497
[Amended]
396. Amend § 1980.497 by:
a. In the introductory text, removing
‘‘Refer to appendix G of this subpart
(available in any FmHA or its successor
agency under Public Law 103–354
Office)’’ and adding ‘‘Refer to RD
Instruction 1980–E, Appendix G,
Liquidation and Property Management
Guide (available in any Rural
Development office)’’ in its place;
■ b. In paragraphs (a), (b) introductory
text, (c), and (d)(1), removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘Rural Development’’ in its place;
■ c. In paragraphs (b)(2) introductory
text and (b)(3), removing ‘‘FmHA or its
successor agency under Public Law
103–354’s’’ and adding ‘‘Rural
Development’s’’ in its place;
■ d. In paragraphs (d)(2) and (d)(7)
through (d)(9), removing ‘‘Form FmHA
or its successor agency under Public
Law 103–354’’ and adding ‘‘Form RD’’
in its place; and
■ e. In paragraph (f):
■ i. Removing ‘‘to FmHA or its
successor agency under Public Law
103–354’’ and adding ‘‘to Rural
Development’’ in its place;
■ ii. Removing ‘‘BENEFIT OF FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘benefit of
RURAL DEVELOPMENT’’ in its place;
and
■ iii. Removing ‘‘UNDER FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs and adding
‘‘UNDER RURAL DEVELOPMENT’’ in
its place.
■
■
§ 1980.498
[Amended]
397. Amend § 1980.498 by:
a. In paragraphs (k) introductory text,
(k)(4), and (k)(5), removing ‘‘FmHA or
its successor agency under Public Law
103–354’’ and adding ‘‘RD’’ in its place;
■ b. In paragraph (m)(5) introductory
text, removing ‘‘FmHA or its successor
agency under Public Law 103–354’’ and
adding ‘‘Rural Development’’ in its
place; and
■
■
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c. In paragraph (m)(5)(iii), removing
‘‘Form FmHA or its successor agency
under Public Law 103–354 410–1,
‘‘Application for FmHA or its successor
agency under Public Law 103–354
Services,’’ or Form FmHA or its
successor agency under Public Law
103–354 449–1’’ and adding ‘‘Form RD
449–1’’ in its place.
■
Appendix F to Subpart E of Part 1980
[Removed and Reserved]
399. Amend Appendix D to Subpart E
of Part 1980 by removing:
■ a. ‘‘the Farmers Home Administration
or its successor agency under Public
Law 103–354 (FmHA or its successor
agency under Public Law 103–354)’’ in
paragraph (I)(B) and adding ‘‘Rural
Development’’ in its place;
■ b. ‘‘FmHA or its successor agency
under Public Law 103–354’’ wherever it
occurs in paragraphs (I)(B)(2)(a),
(II)(A)(2)(g)(ii), (III)(A)(2), (III)(E)
introductory text, (III)(E)(2), (III)(G),
(IV)(A), and (IV)(B)(1) and adding
‘‘Rural Development’’ in its place; and
■ c. ‘‘Form FmHA or its successor
agency under Public Law 103–354’’ in
paragraph (IV)(B)(3) and adding ‘‘Form
RD’’ in its place.
401. Appendix F to subpart E of Part
1980 is removed and reserved.
■ 402. Amend Appendix I to Subpart E
of Part 1980 by:
■ a. Removing ‘‘, and appear in the
Federal Register following the body of
this appendix as Exhibits A, B, and C in
the following order’’ in paragraph A.
introductory text;
■ b. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ in paragraphs X.D and X.F
and adding ‘‘Form RD’’ in its place;
■ c. Removing ‘‘will be used’’ in
paragraphs A.(1) through (3), IV., and
E.1 and 2, and adding ‘‘or successor
form will be used’’ in its place;
■ d. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will
not’’ in paragraph D. introductory text,
and adding ‘‘Rural Development will
not’’ in its place;
■ e. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ in paragraph D.(2) and adding
‘‘by Rural Development’’ in its place;
■ f. Removing ‘‘are FmHA or its
successor agency under Public Law
103–354’’ in paragraph J. and adding
‘‘are Rural Development’’ in its place;
■ g. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 has’’
in paragraph J. and adding ‘‘Rural
Development has’’ in its place; and
■ h. Removing Exhibits A through C.
Appendix E to Subpart E of Part 1980
[Amended]
Appendix K to Subpart E of Part 1980
[Amended]
400. Amend Appendix E to Subpart E
of Part 1980 by removing:
■ a. ‘‘FmHA or its successor agency
under Public Law 103–354’s position’’
in paragraph (I) and adding ‘‘Rural
Development’s position’’ in its place;
■ b. ‘‘an FmHA or its successor agency
under Public Law 103–354 action’’ in
paragraph (II) and adding ‘‘a Rural
Development action’’ in its place; and
■ c. ‘‘the FmHA or its successor agency
under Public Law 103–354 action’’
wherever it occurs in paragraph (II) and
adding ‘‘the Rural Development action’’
in its place;
■ d. ‘‘FmHA or its successor agency
under Public Law 103–354 project’’ in
paragraph (IV)(2) and adding ‘‘Rural
Development project’’ in its place;
■ e. ‘‘or FmHA or its successor agency
under Public Law 103–354’’ in
paragraph (XIII) and adding ‘‘or Rural
Development’’ in its place; and
■ f. ‘‘by FmHA or its successor agency
under Public Law 103–354’’ in
paragraph (XVII) and adding ‘‘by Rural
Development’’ in its place.
■
Appendices A and B to Subpart E of
Part 1980 [Removed and Reserved]
398. Appendices A and B to Subpart
E of Part 1980 are removed and
reserved.
■
Appendix D to Subpart E of Part 1980
[Amended]
■
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■
403. Amend Appendix K to Subpart E
of Part 1980 by:
■ a. Removing ‘‘, and appear in the
Federal Register following the body of
this appendix as exhibits A, B, and C in
the following order’’ in the introductory
text;
■ b. Removing ‘‘Form FmHA or its
successor agency under Public Law
103–354’’ wherever it occurs in
paragraphs A.(1) through (3) and G. and
adding ‘‘Form RD’’ in its place;
■ c. Removing ‘‘will be used’’ in
paragraphs A.(1) thorugh (3) and adding
‘‘or successor form will be used’’ in its
place;
■ d. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
Instruction’’ and ‘‘FmHA or its
successor agency under Public Law
103–354 insruction’’ wherever they
occur in paragraphs B. through F., H., J.,
and K. and adding ‘‘RD Instruction’’ in
their place;
■ e. Removing ‘‘other FmHA or its
successor agency under Public Law
103–354-type farm loan’’ in paragraph
C. and adding ‘‘other Rural
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9911
Development-type farm loan’’ in its
place;
■ f. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 will’’
in paragraph D. and adding ‘‘Rural
Development will’’ in its place;
■ g. Removing ‘‘by FmHA or its
successor agency under Public Law
103–354’’ in paragraph D. and adding
‘‘by Rural Development’’ in its place;
■ h. Removing ‘‘will FmHA or its
successor agency under Public Law
103–354’’ in paragraph D. and adding
‘‘will Rural Development’’ in its place;
■ i. Removing ‘‘FmHA or its successor
agency under Public Law 103–354’s’’ in
paragraph F. and adding ‘‘Rural
Development’s’’ in its place;
■ j. Removing ‘‘Guarantee DARBE,’’
issued on’’ in paragraph G. and adding
‘‘Guarantee DARBE, ’’ (or successor
form) issued on’’ in its place;
■ k. Removing ‘‘are FmHA or its
successor agency under Public Law
103–354’’ in paragraph J. and adding
‘‘are Rural Development’’ in its place;
■ l. Removing ‘‘FmHA or its successor
agency under Public Law 103–354
guaranteed loans’’ in paragraph J. and
adding ‘‘Rural Development guaranteed
loans’’ in its place;
■ m. Removing ‘‘FmHA or its successor
agency under Public Law 103–354 has’’
and adding ‘‘Rural Development has’’ in
paragraph J. in its place; and
■ n. Removing Exhibits A through C.
Exhibit G to Subpart E of Part 1980
[Amended]
404. Amend the Note to Exhibit G to
Subpart E of Part 1980 by removing
‘‘FmHA or its successor agency under
Public Law 103–354’’ and adding ‘‘Rural
Development’’ in its place.
■
CHAPTER XXXV—RURAL HOUSING
SERVICE, DEPARTMENT OF
AGRICULTURE
PART 3550—DIRECT SINGLE FAMILY
HOUSING LOANS AND GRANTS
405. The authority citation for part
3550 continues to read as follows:
■
Authority: 5 U.S.C. 301; 42 U.S.C. 1480.
Subpart C—Section 504 Origination
and Section 306C Water and Waste
Disposal Grants
§ 3550.103
[Amended]
406. Amend § 3550.103(g) by
removing ‘‘FmHA’’ and adding ‘‘RD’’ in
its place.
■ 407. In § 3550.116, revise paragraph
(c) to read as follows:
■
§ 3550.116 Definitions applicable to WWD
grants only.
*
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(c) Rural areas. Includes
unincorporated areas and any city or
town with a population not in excess of
10,000 inhabitants. The population
figure is obtained from the most recent
decennial Census of the United States
(decennial Census). If the applicable
population figure cannot be obtained
from the most recent decennial Census,
RD will determine the applicable
population figure based on available
population data.
*
*
*
*
*
PART 3560—DIRECT MULTI-FAMILY
HOUSING LOANS AND GRANTS
408. The authority citation for part
3560 continues to read as follows:
■
Authority: 42 U.S.C. 1480.
Subpart A—General Provisions and
Definitions
§ 3560.11
[Amended]
409. In § 3560.11, revise the definition
of ‘‘Rural area’’ to read as follows:
■
§ 3560.11
Definitions.
*
*
*
*
*
Rural area. An area classified as a
rural area prior to October 1, 1990, (even
if within a Metropolitan Statistical
Area), and any area deemed to be a
‘rural area’ under any other provision of
law at any time during the period
beginning January 1, 2000, and ending
December 31, 2010, shall continue to be
so classified until the receipt of data
from the decennial census in the year
2020 if such area has a population
exceeding 10,000, but not in excess of
35,000, is rural in character, and has a
serious lack of mortgage credit for lowand moderate-income families.
*
*
*
*
*
Subpart B—Direct Loan and Grant
Origination
§ 3560.57
[Amended]
410. Amend § 3560.57(c) by removing
‘‘most recent census data, or’’ and
adding ‘‘most recent decennial Census
of the United States, or’’ in its place.
■
served by the proposed facility. The
median household income of the service
area and the nonmetropolitan median
household income for the State will be
determined using 5-year income data
from the American Community Survey
(ACS) or, if needed, other Census
Bureau data. If there is reason to believe
that the ACS or other Census Bureau
data does not accurately represent the
median household income within the
area to be served, this will be
documented and the applicant may
furnish, or RD may obtain, additional
information regarding such median
household income data. Information
must consist of reliable data from local,
regional, State, or Federal sources or
from a survey conducted by a reliable
impartial source.
*
*
*
*
*
■ 413. In § 3570.53, revise the definition
of ‘‘Rural and rural area’’ to read as
follows:
§ 3570.53
*
*
*
*
*
Rural and rural area. For fiscal year
1999, the terms ‘‘rural’’ and ‘‘rural area’’
include a city or town with a population
of 20,000 or less inhabitants. There is no
limitation placed on population in open
rural areas. After fiscal year 1999, the
terms ‘‘rural’’ and ‘‘rural area’’ include
a city, town, or unincorporated area that
has a population of 50,000 inhabitants
or less, other than an urbanized area
immediately adjacent to a city, town, or
unincorporated area that has a
population in excess of 50,000
inhabitants. The population figures are
obtained from the most recent decennial
Census of the United States (decennial
Census). If the applicable population
figures cannot be obtained from the
most recent decennial Census, RD will
determine the applicable population
figures based on available population
data.
*
*
*
*
*
411. The authority citation for part
3570 continues to read as follows:
414. The authority citation for part
3575 continues to read as follows:
■
Authority: 5 U.S.C. 301, 7 U.S.C. 1989.
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Subpart A—Community Programs
Guaranteed Loans
412. Revise § 3570.51(h) to read as
follows:
415. In § 3575.2, revise the definition
of ‘‘Rural and rural area’’ to read as
follows:
§ 3570.51
§ 3575.2
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
■
General.
*
*
*
*
*
(h) The income data used to
determine median household income
must be that which accurately reflects
the income of the population to be
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■
Definitions.
*
*
*
*
*
Rural and rural area. The terms
‘‘rural’’ and ‘‘rural area’’ mean a city,
town, or unincorporated area that has a
population of 50,000 inhabitants or less,
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CHAPTER XLII—RURAL BUSINESSCOOPERATIVE SERVICE AND RURAL
UTILITIES SERVICE, DEPARTMENT OF
AGRICULTURE
PART 4274—DIRECT AND INSURED
LOANMAKING
416. The authority citation for part
4274 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1932
note; 7 U.S.C. 1989.
417. In § 4274.302(a), remove the
defintion of ‘‘Rural or rural area’’ and
add the definition of ‘‘Rural area’’ in
alphabetical order to read as follows:
■
§ 4274.302
Definitions and abbreviations.
(a) * * *
Rural area. All territory of a State that
is not within the outer boundary of any
city having a population of 25,000 or
more. The population figure is obtained
from the most recent decennial Census
of the United States (decennial Census).
If the applicable population figure
cannot be obtained from the most recent
decennial Census, RD will determine
the applicable population figure based
on available population data.
*
*
*
*
*
■ 418. In § 4274.344, revise paragraphs
(c)(2) introductory text and (c)(2)(vi)
introductory text to read as follows:
§ 4274.344 Filing and processing
applications for loans.
*
PART 3575—GENERAL
PART 3570—COMMUNITY PROGRAMS
■
Definitions.
other than an urbanized area
immediately adjacent to a city, town, or
unincorporated area that has a
population in excess of 50,000
inhabitants. The population figure is
obtained from the most recent decennial
Census of the United States (decennial
Census). If the applicable population
figure cannot be obtained from the most
recent decennial Census, RD will
determine the applicable population
figure based on available population
data.
*
*
*
*
*
*
*
*
*
(c) * * *
(2) Employment. For computations
under this paragraph, income data
should be 5-year income data from the
American Community Survey (ACS) or,
if needed, other Census Bureau data,
updated according to changes in the
consumer price index. If there is reason
to believe that the ACS or other Census
Bureau data does not accurately
represent the median household income
of the service area, the reasons will be
documented and the borrower may
furnish, or RD may obtain, additional
information regarding such median
household income data. Information
must consist of reliable data from local,
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regional, State or Federal sources or
from a survey conducted by a reliable
impartial source. The poverty line used
will be as defined in section 673 (2) of
the Community Services Block Grant
Act (42 U.S.C. 9902(2)). Unemployment
data used will be that published by the
Bureau of Labor Statistics, U.S.
Department of Labor.
*
*
*
*
*
(vi) The population of the service area
according to the most recent decennial
Census was lower than that recorded by
the previous decennial Census (or as
equivalently determined using another
data source if the other data source was
used in determining whether the area
was rural) by the following percentage:
*
*
*
*
*
PART 4279—GUARANTEED
LOANMAKING
419. The authority citation for part
4279 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1932(a);
and 7 U.S.C. 1989.
Subpart A—General
420. In § 4279.2, revise the definition
of ‘‘Poor’’ to read as follows:
■
§ 4279.2
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Subpart A—Rural Economic
Development Loan and Grant Program
decennial census’’ and adding ‘‘the most
recent decennial Census’’ in its place.
422. In § 4280.3, remove the definition
of ‘‘Rural area’’ and add the definition
of ‘‘Rural or rural area’’ in alphabetical
order to read as follows:
PART 4284—GRANTS
■
§ 4280.3
Definitions.
*
*
*
*
*
Rural or rural area. See 7 U.S.C.
1991(a)(13)(A) and (D) et seq.
*
*
*
*
*
■ 423. Revise § 4280.42(b)(7) to read as
follows:
§ 4280.42 Application evaluation and
selection.
*
*
*
*
*
(b) * * *
(7) Decline in population for the
county where the Project is physically
located. If there has been a decline in
population in the county where the
Project will be located over the time
period covered by the two most recent
decennial Censuses to the present (or
equivalent time frame if using a data
source other than the decennial Census),
Rural Development will award 10
points.
*
*
*
*
*
Definitions and abbreviations.
*
*
*
*
*
Poor. A community or area is
considered poor if either the county,
city, or census tract where the
community or area is located has a
median household income at or below
the poverty line for a family of four; has
a median household income below the
nonmetropolitan median household
income for the State; or has a population
of which 25 percent or more have
income at or below the poverty line. The
determination of ‘‘poor’’ will be based
on 5-year data from the American
Community Survey (ACS) or, if needed,
other Census Bureau data. If there is
reason to believe that the ACS or other
Census Bureau data does not accurately
represent the median household income
of the community or area, the reasons
will be documented and the borrower
may furnish, or RD may obtain,
additional information regarding such
median household income data.
Information must consist of reliable data
from local, regional, State or Federal
sources or from a survey conducted by
a reliable impartial source.
*
*
*
*
*
PART 4280—LOANS AND GRANTS
421. The authority citation for part
4280 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 904c; 7
U.S.C. 8107.
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427. The authority citation for part
4284 continues to read as follows:
■
Authority: 5 U.S.C. 301 and 7 U.S.C. 1989.
Subpart F also issued under 7 U.S.C.
1932(e).
Subpart G also issued under 7 U.S.C.
1926(a)(11).
Subpart J also issued under 7 U.S.C. 1621
note.
Subpart K also issued under 7 U.S.C. 1621
note.
Subpart A—General Requirements for
Cooperative Service Grant Programs
§ 4284.3
[Amended]
428. Amend § 4284.3 by removing
‘‘the latest decennial census’’ in the
definition of ‘‘rural and rural area’’ and
adding ‘‘the most recent decennial
Census’’ in its place.
■
Subpart G—Rural Business
Opportunity Grants
429. In § 4284.603, revise the
definitions of ‘‘long-term’’ and ‘‘rural
and rural area’’ to read as follows:
■
Subpart B—Rural Energy for America
Program General
§ 4284.603
§ 4280.103
*
[Amended]
424. Amend § 4280.103 by removing
‘‘the latest decennial census’’ in the
introductory text to the definition of
‘‘Rural or rural area’’ and adding ‘‘the
most recent decennial Census’’ in its
place.
■
Subpart D—Rural Microentrepreneur
Assistance Program
425. In § 4280.302(a), revise the first
sentence of the definition of ‘‘Rural or
rural area’’ to read as follows:
■
4280.302
Definitions and abbreviations.
(a) * * *
Rural or rural area. Any area of a
State not in a city or town that has a
population of more than 50,000
inhabitants, according to the most
recent decennial Census of the United
States (decennial Census), and the
contiguous and adjacent urbanized area,
and any area that has been determined
to be ‘‘rural in character’’ by the Under
Secretary for Rural Development, or as
otherwise identified in this definition.
* * *
*
*
*
*
*
§ 4280.316
[Amended]
426. Amend § 4280.316(b)(1)(v) by
removing ‘‘the latest applicable
■
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Definitions.
*
*
*
*
Long-term. The period of time covered
by the three most recent decennial
Censuses of the United States to the
present.
*
*
*
*
*
Rural and rural area. Any area other
than a city or town that has a population
of greater than 50,000 inhabitants
including the urbanized area contiguous
and adjacent to such a city or town. The
population figure used must be in
accordance with the most recent
decennial Census of the United States.
*
*
*
*
*
PART 4288—PAYMENT PROGRAMS
430. The authority citation for part
4288 continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
Subpart A—Repowering Assistance
Payments to Eligible Biorefineries
§ 4288.2
[Amended]
431. Amend § 4288.2 by removing
‘‘the latest decennial census’’ in the
introductory text of the definition of
‘‘Rural or rural area’’ and adding ‘‘the
most recent decennial Census’’ in its
place.
■
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PART 4290—RURAL BUSINESS
INVESTMENT COMPANY (‘‘RBIC’’)
PROGRAM
432. The authority citation for part
4290 continues to read as follows:
■
Authority: 7 U.S.C. 1989 and 209cc et seq.
Subpart B—Definition of Terms Used
in Part 4290
433. In § 4290.50, revise the
introductory text of the definition of
‘‘Rural Area’’ and revise the definition
of ‘‘Urban Area’’ to read as follows:
■
§ 4290.50
Definition of terms.
*
*
*
*
Rural Area means any area of a State
not in a city or town that has a
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population of more than 50,000
inhabitants, according to the most
recent decennial Census of the United
States (decennial Census), or in the
urbanized area contiguous and adjacent
to a city or town that has a population
of more than 50,000 inhabitants, and
any area that has been determined to be
‘‘rural in character’’ by the Under
Secretary for Rural Development, or as
otherwise identified in this definition.
*
*
*
*
*
Urban Area means an area containing
a city (or its equivalent), or any
equivalent geographic area determined
by the Census Bureau and adopted by
the Secretary for purposes of this
definition (about which the Secretary
will publish a document in the Federal
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Register from time to time), which had
a population of over 150,000 in the most
recent decennial Census and the
urbanized areas containing or adjacent
to that city, both as determined by the
Bureau of the Census for the most recent
decennial Census.
*
*
*
*
*
Dated: January 15, 2015.
Lisa Mensah,
Under Secretary, Rural Development.
Dated: January 23, 2015.
Michael Scuse,
Under Secretary, Farm and Foreign
Agricultural Services.
[FR Doc. 2015–01571 Filed 2–23–15; 8:45 am]
BILLING CODE 3410–XY–P
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Agencies
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)]
[Rules and Regulations]
[Pages 9855-9914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01571]
[[Page 9855]]
Vol. 80
Tuesday,
No. 36
February 24, 2015
Part II
Department of Agriculture
-----------------------------------------------------------------------
Rural Business-Cooperative Service
Rural Housing Service
Rural Utilities Service
Farm Service Agency
-----------------------------------------------------------------------
7 CFR Parts 1709, 1714, 1735, et al.
Rural Development Regulations--Update to FmHA References and to Census
References; Direct Final Rule
Federal Register / Vol. 80 , No. 36 / Tuesday, February 24, 2015 /
Rules and Regulations
[[Page 9856]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1709, 1714, 1735, 1737, 1738, 1739, 1740, 1774, 1775,
1776, 1777, 1778, 1779, 1780, 1781, and 1783
Rural Business-Cooperative Service
Rural Housing Service
Rural Utilities Service
Farm Service Agency
7 CFR Parts 1806, 1810, 1822, 1900, 1901, 1902, 1910, 1924, 1925,
1927, 1940, 1942, 1944, 1948, 1950, 1951, 1955, 1956, 1957, 1962,
and 1980
Rural Housing Service
7 CFR Parts 3550, 3560, 3570, and 3575
Rural Business-Cooperative Service
Rural Utilities Service
7 CFR Parts 4274, 4279, 4280, 4284, 4288, and 4290
RIN 0570-AA30
Rural Development Regulations--Update to FmHA References and to
Census References
AGENCY: Rural Business-Cooperative Service, Rural Housing Service,
Rural Utilities Service, Farm Service Agency, U.S. Department of
Agriculture (USDA).
ACTION: Direct final rule.
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SUMMARY: Rural Development (RD) is amending its regulations by updating
references to the Farmers Home Administration (FmHA) and clarifying and
updating references to the census data. These actions will provide
consistency in terminology between program regulations. In addition,
clarifying and updating references to census data is needed to account
for changes to the decennial Census, which, starting with the 2010
decennial Census is no longer reporting income and unemployment data.
Additional revisions are being implemented to show the regulations that
do not apply to the Farm Service Agency (FSA) and to remove outdated or
unnecessary language.
DATES: This rule will become effective April 27, 2015 without further
action unless the Agency receives significant written adverse comments
or written notices of intent to submit adverse comments on or before
March 26, 2015. If the Agency receives significant adverse comments or
notices, the Agency will publish a timely notice in the Federal
Register withdrawing those provisions on which adverse comment were
received.
ADDRESSES: You may submit adverse comments or notice of intent to
submit adverse comments to this rule by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Submit written comments via the U.S. Postal Service
to the Branch Chief, Regulations and Paperwork Management Branch, U.S.
Department of Agriculture, STOP 0742, 1400 Independence Avenue SW.,
Washington, DC 20250-0742.
Hand Delivery/Courier: Submit written comments via Federal
Express Mail, or other courier service requiring a street address, to
the Branch Chief, Regulations and Paperwork Management Branch, U.S.
Department of Agriculture, 300 7th Street SW., 7th Floor, Washington,
DC 20024.
All written comments will be available for public inspection during
regular work hours at the 300 7th Street SW., 7th Floor address listed
above.
FOR FURTHER INFORMATION CONTACT: Kenneth Meardon, Policy Advisor, Rural
Business-Cooperative Service, U.S. Department of Agriculture, STOP
3201, 1400 Independence Avenue SW., Washington, DC 20250-3225; email:
ken.meardon@wdc.usda.gov; telephone (202) 260-8296.
SUPPLEMENTARY INFORMATION:
Classification
This rule has been determined to be not significant for purposes of
Executive Order 12866 and has not been reviewed by the Office of
Management and Budget.
Catalog of Federal Domestic Assistance
RD's programs affected by this rulemaking are shown in the Catalog
of Federal Domestic Assistance (CFDA) with numbers as indicated:
10.350--Technical Assistance to Cooperatives
10.352--Value-Added Producer Grants (4284)
10.405--Farm Labor Housing Loans and Grants (3560)
10.410--Very Low to Moderate Income Housing Loans (Section 502 Rural
Housing Loans) (3550)
10.415--Rural Rental Housing Loans
10.420--Rural Self-Help Technical Assistance
10.427--Rural Rental Assistance Payments (3560)
10.433--Rural Housing Preservation Grants
10.438--Rural Rental Housing Program--Guaranteed Loans
10.441--Technical and Supervisory Assistance Grants
10.448--Rural Housing Service Multi-Family Housing Rural Housing
Voucher Demonstration Program (3560)
10.759--Special Evaluation Assistance for Rural Communities and
Households Program (SEARCH) (1774)
10.760--Water and Waste Disposal Systems for Rural Communities
(1779, 1780)
10.761--Technical Assistance and Training Grants (1775)
10.762--Solid Waste Management Grants (1775)
10.763--Emergency Community Water Assistance Grants (1778)
10.766--Community Facilities Loans and Grants (3570, 3575)
10.767--Intermediary Relending Program (4274)
10.768--Business and Industry Guaranteed Loan Program (4279)
10.769--Rural Business Enterprise Grant Program
10.770--Water and Waste Disposal Loans and Grants (Section 306C)
(1777)
10.771--Rural Cooperative Development Grants
10.773--Rural Business Opportunity Grant Program
10.781--Water and Waste Disposal Systems for Rural Communities--ARRA
(1780)
10.782--Appropriate Technology Transfer for Rural Areas (4284)
10.850--Rural Electrification Loans and Loan Guarantees (1714)
10.851--Rural Telephone Loans and Loan Guarantees (1735)
10.854--Rural Economic Development Loans and Grants (4280)
10.857--State Bulk Fuel Revolving Fund Grants
10.858--RUS Denali Commission Grants and Loans
10.859--Assistance to High Energy Cost--Rural Communities (1709)
10.860--Rural Business Investment Program (4290)
10.861--Public Television Station Digital Transition Grant Program
(1740)
10.862--Water and Waste Disposal Systems for Rural Communities
(1776)
10.863--Community Connect Grant Program (1739)
10-864--Grant Program to Estabish a Fund for Financing Water and
Wastewater Projects (1783)
10.865--Biorefinery Assistance (4279)
10.866--Repowering Assistance Program (4288)
10.867--Bioenergy Program for Advanced Biofuels (4288)
10.868--Rural Energy for America Program (4280)
10.870--Rural Microentrepreneur Assistance Program
10.871--Small Socially-Disadvantaged Producer Grants (4284)
10.886--Rural Broadband Access Loans and Loan Guarantees (1738)
All active CFDA programs can be found at www.cfda.gov under
``Department of Agriculture, Rural
[[Page 9857]]
Development.'' Programs not listed in this section or not listed on the
CFDA Web site but are still being serviced by RD will nevertheless be
covered by the requirements of this action.
Executive Order 12372, Intergovernmental Review of Federal Programs
This action is not subject to the provisions of Executive Order
12372, which requires intergovernmental consultation with State and
local officials.
Executive Order 12988, Civil Justice Reform
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. RD has determined that this rule meets the applicable
standards provided in section 3 of the Executive Order. Additionally,
(1) all state and local laws and regulations that are in conflict with
this rule will be preempted; (2) no retroactive effect will be given to
the rule; and (3) administrative appeal procedures, if any, must be
exhausted before litigation against the Department or its agencies may
be initiated, in accordance with the regulations of the National
Appeals Division of USDA at 7 CFR part 11.
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' RD has determined that this
action does not constitute a major Federal action significantly
affecting the quality of the human environment and, in accordance with
the National Environmental Policy Act (NEPA) of 1969, 42 U.S.C. 4321 et
seq., an Environmental Impact Statement is not required.
Unfunded Mandates Reform Act
This rule contains no Federal mandates (under the regulatory
provisions of Title II of the Unfunded Mandates Reform Act of 1995) for
State, local, and Tribal governments or the private sector. Thus, this
rule is not subject to the requirements of sections 202 and 205 of the
Unfunded Mandates Reform Act of 1995.
Regulatory Flexibility Act
Under section 605(b) of the Regulatory Flexibility Act, 5 U.S.C.
605(b), RD certifies that this rule will not have a significant
economic impact on a substantial number of small entities because the
action will not affect a significant number of small entities as
defined by the Regulatory Flexibility Act (5 U.S.C. 501). RBS made this
determination based on the fact that this action only impacts internal
Agency procedures for determining how much of available program funds
are allocated to each state. Small entities will not be impacted to a
greater extent than large entities.
Executive Order 13132, Federalism
The policies contained in this rule do not have any substantial
direct effect on states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government. Nor does this
rule impose substantial direct compliance costs on state and local
governments. Therefore, consultation with states is not required.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
This executive order imposes requirements on RD in the development
of regulatory policies that have Tribal implications or preempt tribal
laws. RD has determined that the rule does not, to our knowledge, have
a substantial direct effect on one or more Indian Tribe(s) or on either
the relationship or the distribution of powers and responsibilities
between the Federal Government and Indian Tribes. Thus, this rule is
not subject to the requirements of Executive Order 13175. If a Tribe
determines that this rule has implications of which RD is not aware and
would like to engage with RD on this rule, please contact RD's Native
American Coordinator at (202) 690-1681 or AIAN@wdc.usda.gov.
Paperwork Reduction Act
There are no reporting and recordkeeping requirements associated
with this rule.
E-Government Act Compliance
RD 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 citizens to access Government information
and services electronically.
I. Background and Discussion
RD is amending numerous RD regulations in two broad areas--
references to the Farmners Home Administration and references to Bureau
of Census data. For those RD regulations affected by these two areas,
RD is also making several additional changes by updating the text with
regard to applicability of the regulations to the FSA; removing or
updating outdated text, as applicable; and removing unnecessary text.
II. Discussion of Changes
A. Farmers Home Administration (FmHA)
Many RD regulations still contain references to the Farmers Home
Administration, or FmHA, which was the predecessor agency to both RD
and FSA.
FmHA references most frequently encountered in RD regulations are
in reference to forms, instructions, and addresses. RD is either
removing references that are no longer necessary or updating the FmHA
references to reflect the appropriate entity, as applicable. New
references will be to RD, Agency, to the specific RD agency (Rural
Business-Cooperative Service, Rural Housing Service, Rural Utilities
Service), to the ``government,'' or to the United States, depending on
the context of the regulation. Where necessary in individual RD
regulations, definitions have been changed or added to reflect the new
reference(s).
B. Census References
Many RD regulations refer to census data as the source to be used
for various popluation-, income-, and unemployment-related data. RD is
amending those portions of its regulations that reference U.S. Bureau
of Census (Census Bureau) and its data primarily due to changes in the
data being reported by the Census Bureau in the decennial Census.
Other changes are being implemented to further consistency among RD
programs in referencing sources to be used for population-related data
requirements and provisions and to provide clarification of how
provisions are implemented. Finally, RD is removing outdated or
unnecessary text.
The following paragraphs discuss these changes.
1. Census Bureau data. RD allocates the funding for a number of its
programs using formulas that rely on data supplied by the Census
Bureau, frequently as found in the decennial Census. Most RD
regulations refer to this as ``using the latest census data available''
or similar language.
Starting with the 2010 census, however, the Census Bureau no longer
reports income data in the decennial Census. Thus, RD needs to identify
an alternative source for income-related data.
After examining several alternative data sources, RD determined
that income data published by the Census Bureau in the American
Community
[[Page 9858]]
Survey (ACS), as found in the 5-year survey component of the ACS,
provides the best source of data for estimates of state-level income
and poverty data, even though such are no longer being published in the
decennial Census. RD is also aware that the data contained in the ACS
may not meet the needs of a specific program and that the ACS may at
some point in the future be replaced or discontinued. For these
reasons, RD is using ``5-year income data from the American Community
Survey (ACS) or, if needed, other Census Bureau data'' to indicate the
source of the data to be used.
In some instances, RD regulations refer to using other data sources
for income-related data if the ACS or Census Bureau data are outdated.
RD is retaining that concept where it currently exists, but modifying
the language to address the revision noted in the preceding paragraph.
2. Consistency and clarification. As described below, RD is making
several changes to create consistency between the RD programs.
a. Whenever a regulation is directing the use of the decennial
Census as the data source, RD is using ``the most recent decennial
Census of the United States (decennial Census)'' consistently
throughout the RD regulations. This change brings consistency among the
three RD agencies and their regulations.
b. RD regulations apply not only to what most people understand as
the 50 states of the United States, but also to the U.S. Virgin
Islands, Puerto Rico, Guam, American Samoa, the Marshall Islands, etc.
The decennial Census does not report population for most of these
territories. Some, but not all, of the RD regulations clearly identify
how population data are to be obtained for these other areas. To make
this consistent, RD is revising text to make clear in all its
regulations the data sources to be used. Specifically, if the decennial
Census does not provide the applicable population information, then RD
will determine the applicable population data based on available
population data.
C. FSA Related Changes
When they were operating as the Farmers Home Adminstration, RD and
FSA shared many regulations. With RD and FSA now separate entities,
many of the regulations in 7 CFR no longer apply to FSA. Some of these
regulations have already been identified as no longer being applicable
to FSA. There are a few regulations, however, that still need to be
identified as no being applicable to FSA and RD is adding text to that
effect. The regulations are: 7 CFR 1900 subpart A, 7 CFR 1902 subpart
A, and 7 CFR 1910 subpart B.
D. Outdated and/or Unnecessary Text in Those Parts and Subparts That
Contain Either Reference to Census Bureau or FmHA
Once RD identified those CFR parts that need updating with regard
to references to FmHA and the Census Bureau, RD also identified a
number of other outdated or unnecessary material, and thus is revising
such material. In brief, these changes:
Remove reference to Rand McNally and Company as an
alternative source of population data (7 CFR 1735.2, 7 CFR 1737.2);
Remove references to a Federal Communications Commission
Web site and to a Census Tiger Map (7 CFR 1740.8(b)(1)(i) and (c)(1);
Remove a series of Agency forms from 7 CFR 1980, Subpart E
and their conforming references. Specifically, RD will no longer
publish in the CFR RD forms identified as: (1) Appendix A, (2) Appendix
B, (3) Appendix F, (4) Exhibits A through C to Appendix I to Subpart E
of Part 1980, and (5) Exhibits A through C to Appendix K to Subpart E
of Part 1980. The applicable forms will continue to be available in RD
offices and through RD's Web site;
Remove reference to the year 2000 as it currently modifies
``Census block'' in 7 CFR 1709(b);
Remove the first paragraph in the definition of Rural and
rural area in 7 CFR 3575.1. This paragraph references Fiscal Year 1999
and is thus obsolete; and
Update the reference to the Legislative Affairs and Public
Information Staff (LAPIS) with the Legislative and Public Affairs Staff
(LAPAS) (7 CFR parts 1942, 1944, 1948, and 1980).
E. Other
For the Rural Economic Development Loan and Grant (REDLG) program,
RD is modifying both the definition of Rural or rural area'' (7 CFR
4280.3) and the scoring criterion associated with the decline in
population for the county where the project is physically located (7
CFR 4280.42(b)(7)).
RD is modifying the definition of ``Rural or rural area'' for REDLG
to make the definition consistent with the definition for ``rural or
rural area'' found in the Rural Microentrepreneur Assistance Program
(RMAP), whose definition is more comprehensive and consistent with
other definitions with Rural Business-Cooperative Service programs.
RD is modifying the identified scoring criterion by adding
reference to making the calculation using the an ``equivalent time
frame'' in those instances where data is used from a data source other
than the decennial Census.
List of Subjects
7 CFR Part 1709
Administrative practice and procedure, Electric utilities, Grant
programs--energy, Rural areas.
7 CFR Part 1714
Electric power, Loan programs--energy, Rural areas.
7 CFR Part 1735
Loan programs--communications, Reporting and recordkeeping
requirements, Rural areas, Telephone.
7 CFR Part 1737
Loan programs--communications, Reporting and recordkeeping
requirements, Rural areas.
7 CFR Part 1738
Broadband, Loan programs--communications, Rural areas,
Telecommunications, Telephone.
7 CFR Part 1739
Broadband, Grant programs--Communications, Rural areas,
Telecommunications, Telephone.
7 CFR Part 1740
Grant programs--Digital televisions; Communications, Rural areas,
Television.
7 CFR Part 1774
Community development, Grant programs, Reporting and recordkeeping
requirements, Rural areas, Waste treatment and disposal, Water supply.
7 CFR Part 1775
Business and industry, Community development, Community facilities,
Grant programs--housing and community development, Reporting and
recordkeeping requirements, Rural areas, Waste treatment and disposal,
Water supply, Watersheds.
7 CFR Part 1776
Agriculture, Community development, Community facilities, Credit,
Grant programs--housing and community development, Nonprofit
organizations, Reporting and recordkeeping requirements, Rural areas,
Waste treatment and disposal, Water pollution control, Water resources,
Water supply, Watersheds.
[[Page 9859]]
7 CFR Part 1777
Community development, Community facilities, Grant programs--
housing and community development, Loan programs--housing and community
development, Reporting and recordkeeping requirements, Rural areas,
Waste treatment and disposal, Water supply, Watersheds.
7 CFR Part 1778
Community development, Community facilities, Grant programs--
Housing and Community development, Reporting and recordkeeping
requirements, Rural areas, Waste treatment and disposal, Water supply,
Watersheds.
7 CFR Part 1779
Loan programs--housing and community development, Rural areas,
Waste treatment and disposal, Water supply.
7 CFR Part 1780
Community development, Community facilities, Grant programs--
housing and community development, Loan programs--housing and community
development, Reporting and recordkeeping requirements, Rural areas,
Waste treatment and disposal, Water supply, Watersheds.
7 CFR Part 1781
Community development, Community facilities, Loan programs--housing
and community development, Reporting and recordkeeping requirements,
Rural areas, Waste treatment and disposal, Water supply, Watersheds.
7 CFR Part 1783
Business and industry, Community development, Community facilities,
Grant programs--housing and community development, Reporting and
recordkeeping requirements, Rural areas, Waste treatment and disposal,
Water supply, Watersheds.
7 CFR Part 1806
Agriculture, Flood insurance, Loan programs--agriculture, Loan
programs--housing and community development, Low and moderate income
housing, Rural areas.
7 CFR Part 1810
Agriculture, Loan programs--agriculture, Loan programs--Housing and
community development, Low and moderate income housing, Rural areas.
7 CFR Part 1822
Loan programs--Housing and community development, Low and moderate
income housing, Nonprofit organizations, Rural areas.
7 CFR Part 1900
Administrative practice and procedure, Authority delegations
(Government agencies), Conflict of interests, Government employees,
Grant programs--agriculture, Grant programs--housing and community
development, Loan programs--agriculture, Loan programs--housing and
community development, Reporting and recordkeeping requirements, Rural
areas.
7 CFR Part 1901
Agriculture, Civil rights, Fair housing, Grant programs--
agriculture, Grant programs--housing and community development, Grant
programs--Indians, Historic preservation, Indians, Intergovernmental
relations, Loan Programs--agriculture, Loan programs--housing and
community development, Marital status discrimination, Minimum wages,
Religious discrimination, Reporting and recordkeeping requirements,
Rural areas, Sex discrimination.
7 CFR Part 1902
Accounting; Banks, banking; Grant programs--agriculture, Grant
programs--housing and community development; Loan programs--
agriculture; Loan programs--housing and community development,
Reporting and recordkeeping requirements.
7 CFR Part 1910
Agriculture, Credit, Loan programs--agriculture, Loan programs--
housing and community development, Low and moderate income housing,
Reporting and recordkeeping requirements.
7 CFR Part 1924
Agriculture, Administrative practice and procedures, Claims,
Credit, Grant programs--housing and community development, Housing
Standards, Loan programs-agriculture, Low and moderate income housing,
Manufactured homes, Reporting and recordkeeping requirements, Rural
areas.
7 CFR Part 1925
Agriculture, Loan programs--agriculture, Loan programs--housing and
community development, Low and moderate income housing, Rural areas,
Taxes.
7 CFR Part 1927
Agriculture, Loan programs--agriculture, Loan programs--housing and
community development, Low and moderate income housing, Rural areas.
7 CFR Part 1940
Agriculture, Environmental protection, Flood plains, Grant
programs--agriculture, Grant programs-housing and community
development, Loan programs-agriculture, Loan programs--housing and
community development, Low and moderate income housing, Reporting and
recordkeeping requirements, Rural areas, Truth in lending.
7 CFR Part 1942
Business and industry, Community facilities, Fire prevention, Grant
programs--business, Grant programs--housing and community development,
Grant programs--Indians, Indians, Loan programs--agriculture, Loan
programs-housing and community development, Loan programs--Indians,
Loan programs--natural resources, Reporting and recordkeeping
requirements, Rural areas, Waste treatment and disposal, Water supply,
Watersheds.
7 CFR Part 1944
Administrative practice and procedure, Aged, Cooperatives, Fair
housing, Grant programs--housing and community development, Home
improvement, Individuals with disabilities, Loan programs--housing and
community development, Low and moderate income housing, Manufactured
homes, Migrant labor, Rent subsidies, Reporting requirements, Rural
areas.
7 CFR Part 1948
Coal, Community facilities, Grant programs--housing and community
development, Reporting and recordkeeping requirements,Rural areas,
Uranium.
7 CFR Part 1950
Accounting, Loan programs--agriculture, Loan programs--housing and
community development, Military personnel, Rural areas.
7 CFR Part 1951
Accounting, Claims, Community facilities, Credit, Disaster
assistance, Government employees, Grant programs--housing and community
development, Housing, Income taxes, Loan programs--agriculture, Loan
programs--housing and community development, Low and moderate income
housing, Reporting and recordkeeping requirements, Rural areas, Wages.
7 CFR Part 1955
Agriculture, Drug traffic control, Government property, Loan
programs--agriculture, Loan programs--housing
[[Page 9860]]
and community development, Low and moderate income housing, Rural
areas.
7 CFR Part 1956
Accounting, Business and industry, Claims, Loan programs--
agriculture, Loan programs--housing and community development,
Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 1957
Loan programs--housing and community development, Low and moderate
income housing, Rural areas.
7 CFR Part 1962
Agriculture, Bankruptcy, Drug traffic control, Government property,
Loan programs--agriculture, Loan programs--housing and community
development, Rural areas.
7 CFR Part 1980
Agriculture, Business and industry, Community facilities, Credit,
Disaster assistance, Livestock, Loan programs--agriculture, Loan
programs--business, Loan programs--housing and community development,
Low and moderate income housing, Reporting and recordkeeping
requirements, Rural areas.
7 CFR Part 3550
Administrative practice and procedure, Environmental impact
statements, Fair housing, Grant programs--housing and community
development, Housing, Loan programs--housing and community development,
Low and moderate income housing, Manufactured homes, Reporting and
recordkeeping requirements, Rural areas.
7 CFR Part 3560
Accounting, Administrative practice and procedure, Aged, Conflict
of interests, Government property management, Grant programs--Housing
and community development, Insurance, Loan programs--Agriculture, Loan
programs--Housing and community development, Low and moderate income
housing, Migrant labor, Mortgages, Nonprofit organizations, Public
housing, Rent subsidies, Reporting and recordkeeping requirements,
Rural areas.
7 CFR Part 3570
Administrative practice and procedure, Fair Housing, Grant
programs--housing and community development, ousing, Low and moderate
income housing, Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 3575
Loan programs--agriculture.
7 CFR Part 4274
Community development, Loan programs--business, Reporting and
recordkeeping requirements, Rural areas.
7 CFR Part 4279
Loan programs--business, Reporting and recordkeeping requirements,
Rural areas.
7 CFR Part 4280
Loan programs--Business and industry, Economic development, Energy,
Energy efficiency improvements, Feasibility studies, Grant programs,
Guaranteed loan programs, Renewable energy systems, Rural areas.
7 CFR Part 4284
Business and industry, Community development, Community facilities,
Grant programs--housing and community development, Loan programs--
housing and community development, Reporting and recordkeeping
requirements, Rural areas, Waste treatment and disposal, Water supply.
7 CFR Part 4288
Administrative practice and procedure, Energy--advanced biofuel,
Renewable biomass, Reporting and recordkeeping.
7 CFR Part 4290
Community development, Government securities, Grant programs--
business, Securities, Small businesses.
For the reasons discussed above, Rural Development is amending
chapters XVII, XVIII, XXXV, and XLII of title 7, of the Code of Federal
Regulations as follows
CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE
PART 1709--ASSISTANCE TO HIGH ENERGY COST COMMUNITIES
0
1. The authority citation for part 1709 continues to read as follows:
Authority: 5 U.S.C. 301, 7 U.S.C. 901 et seq.
Subpart B--RUS High Energy Cost Grant Program
Sec. 1709.107 [Amended]
0
2. Amend Sec. 1709.107(b) by removing ``2000 Census block'' and adding
``Census block according to the most recent decennial Census of the
United States (decennial Census)'' in its place.
0
3. Revise Sec. 1709.123(c)(2) to read as follows:
Sec. 1709.123 Evaluation criteria and weights.
* * * * *
(c) * * *
(2) Rurality. Priority consideration may be given to proposals that
serve smaller rural communities. Applications will be scored based on
the population of the largest incorporated cities, towns or villages or
census designated places included within the grant's proposed target
area as determined using the population figures from the most recent
decennial Census. If the applicable population figure cannot be based
on the most recent decennial Census, RD will determine the applicable
population figure based on available population data.
* * * * *
Subpart C--Bulk Fuel Revolving Fund Grant Program
0
4. Revise Sec. 1709.210(c)(3) to read as follows:
Sec. 1709.210 Application process.
* * * * *
(c) * * *
(3) Assessment of needs and potential beneficiaries. The
application must provide estimates of the number, location and
population of potentially eligible areas in the State and their
estimated fuel needs and costs. The section must also describe the
criteria used to identify eligible areas, including the characteristics
that make fuel deliveries by surface transport impossible or
impracticable. The description of beneficiary communities should
provide a detailed breakdown of the density profile of the area to be
served by eligible projects. Indicate to what extent persons in
eligible areas live outside of communities of 2,500 persons or more,
communities of 5,000 or more or outside of communities of 20,000 or
more. All population estimates should be based on the most recent
decennial Census of the United States. If the applicable population
estimate cannot be based on the most recent decennial Census, RD will
determine the applicable population figure based on available
population data. All representations should be supported with exhibits
such as maps, summary tables and references to official information
sources.
* * * * *
[[Page 9861]]
PART 1714--PRE-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC
LOANS
0
5. The authority citation for part 1714 continues to read as follows:
Authority: 7 U.S.C. 901 et seq.; 1921 et seq.; and 6941 et seq.
Subpart A--General
0
6. Revise the second and third sentences in Sec. 1714.5(d) to read as
follows:
Sec. 1714.5 Determination of interest rates on municipal rate loans.
* * * * *
(d) * * * The method used to determine this rate is set forth in
the regulations of the Rural Housing Service at 7 CFR 1942.17(f)(1) and
(4). Pursuant to the RUS rule, the interest rates are set using as
guidance the average of the Bond Buyer Index for the four weeks prior
to the first Friday of the last month before the beginning of the
quarter. * * *
0
7. Revise Sec. 1714.7(b)(2)(i) and (ii) to read as follows:
Sec. 1714.7 Interest rate cap.
* * * * *
(b) * * *
(2) * * *
(i) To qualify under the consumer income test, the borrower must
include in its loan application information about the location of its
residential consumers. The borrower must provide to RUS, based on the
most recent data available at the time of loan application, either the
number of consumers in each county it serves or the number of consumers
in each census tract it serves. Using 5-year income data from the
American Community Survey (ACS) or, if needed, other Census Bureau
data, RUS will compare, on a weighted average basis, the average per
capita and median household income of the counties or census tracts
served by the borrower with state figures.
(ii) If there is reason to believe that the ACS or other Census
Bureau data does not accurately represent the economic conditions of
the borrower's consumers, the reasons will be documented and the
borrower may furnish, or RD may obtain, additional information
regarding such economic conditions. Information must consist of
reliable data from local, regional, State, or Federal sources or from a
survey conducted by a reliable impartial source. The Administrator has
the sole discretion to determine whether such data submitted by the
borrower is sufficient to determine whether the borrower qualifies
under the consumer income test.
* * * * *
PART 1735--GENERAL POLICIES, TYPES OF LOANS, LOAN REQUIREMENTS-
TELECOMMUNICATIONS PROGRAM
0
8. The authority citation for part 1735 continues to read as follows:
Authority: 7 U.S.C. 901 et seq., 1921 et seq., and 6941 et seq.
Subpart A--General
0
9. In Sec. 1735.2, revise the definition of ``Rural area'' to read as
follows:
Sec. 1735.2 Definitions.
* * * * *
Rural area means any area of the United States, its territories and
insular possessions (including any area within the Federated States of
Micronesia, the Republic of the Marshall Islands, and the Republic of
Palau) not included within the boundaries of any incorporated or
unincorporated city, village or borough having a population exceeding
5,000 inhabitants. The population figure is obtained from the most
recent decennial Census of the United States (decennial Census). If the
applicable population figure cannot be obtained from the most recent
decennial Census, RD will determine the applicable population figure
based on available population data. For purposes of the ``rural area''
definition, the character of an area is determined as of a time the
initial loan for the system is made.
* * * * *
Subpart B--Loan Purposes and Basic Policies
0
10. Revise Sec. 1735.10(g) to read as follows:
Sec. 1735.10 General.
* * * * *
(g) For the purpose of paragraph (a)(2) of this section, rural
areas means any area that is not located within a city, town, or
incorporated area that has a population of greater than 20,000
inhabitants or within an urbanized area contiguous and adjacent to a
city or town that has a population of greater than 50,000 inhabitants.
For the purpose of the definition of rural area,
(1) The population figure is obtained from the most recent
decennial Census of the United States (decennial Census). If the
applicable population figure cannot be obtained from the most recent
decennial Census, RD will determine the applicable population figure
based on available population data; and
(2) An urbanized area means a densely populated territory as
defined in the most recent decennial Census.
PART 1737--PRE-LOAN POLICIES AND PROCEDURES COMMON TO INSURED AND
GUARANTEED TELECOMMUNICATIONS LOANS
0
11. The authority citation for part 1737 continues to read as follows:
Authority: 7 U.S.C. 901 et seq., 1921 et seq.; Pub. L. 103-354,
108 Stat. 3178 (7 U.S.C. 6941 et.seq.).
0
12. In Sec. 1737.2, revise the definition of ``Rural area'' to read as
follows:
Sec. 1737.2 Definitions.
* * * * *
Rural area means any area of the United States, its territories and
possessions (including any area within the Federated States of
Micronesia, the Republic of the Marshall Islands, and the Republic of
Palau) not included within the boundaries of any incorporated or
unincorporated city, village or borough having a population exceeding
5,000 inhabitants. The population figure is obtained from the most
recent decennial Census of the United States. If the applicable
population figure cannot be obtained from the most recent decennial
Census, RD will determine the applicable population figure based on
available population data. For purposes of the ``rural area''
definition, the character of an area is determined as of a time the
initial loan for the system is made.
* * * * *
PART 1738--RURAL BROADBAND ACCESS LOANS AND LOAN GUARANTEES
0
13. The authority citation for part 1738 continues to read as follows:
Authority: Pub. L. 107-171, 7 U.S.C. 901 et seq.
Subpart A--General
0
14. In Sec. 1738.2(a), revise the definition of ``Rural area'' to read
as follows:
Sec. 1738.2 Definitions.
(a) * * *
Rural area means any area, as confirmed by the most recent
decennial Census of the United States (decennial Census), which is not
located within:
(i) A city, town, or incorporated area that has a population of
greater than 20,000 inhabitants; or
(ii) An urbanized area contiguous and adjacent to a city or town
that has a population of greater than 50,000
[[Page 9862]]
inhabitants. For purposes of the definition of rural area, an urbanized
area means a densely populated territory as defined in the most recent
decennial Census.
* * * * *
PART 1739--BROADBAND GRANT PROGRAM
0
15. The authority citation for part 1739 continues to read as follows:
Authority: Title III, Pub. L. 108-199, 118 Stat. 3.
0
16. In Sec. 1739.3, revise the definition of ``Rural area'' to read as
follows:
Sec. 1739.3 Definitions.
* * * * *
Rural area means any area, as confirmed by the most recent
decennial Census of the United States (decennial Census), which is not
located within:
(1) A city, town, or incorporated area that has a population of
greater than 20,000 inhabitants; or
(2) An urbanized area contiguous and adjacent to a city or town
that has a population of greater than 50,000 inhabitants. For purposes
of the definition of rural area, an urbanized area means a densely
populated territory as defined in the most recent decennial Census.
* * * * *
PART 1740--PUBLIC TELEVISION STATION DIGITAL TRANSITION GRANT
PROGRAM
0
17. The authority citation for part 1740 continues to read as follows:
Authority: Consolidated Appropriations Act, 2005; Title III:
Rural Development Programs; Rural Utilities Service; Distance
Learning, Telemedicine, and Broadband Program; Pub. L. 108-447.
Subpart A--Public Televsion Station Digital Transition Grant
Program
Sec. 1740.8 [Amended]
0
18. Amend Sec. 1740.8 by:
0
a. In paragraph (b)(1)(i), removing ``https://www.fcc.gov/fcc-bin/audio/tvq.html'' and removing ``, overlaid on a Census Tiger Map. The map
also shows counties covered'' and
0
b. In paragraph (c)(1), removing the last sentence.
PART 1774--SPECIAL EVALUATION ASSISTANCE FOR RURAL COMMUNITIES AND
HOUSEHOLDS PROGRAM
0
19. The authority citation for part 1774 continues to read as follows:
Authority: 7 U.S.C. 1926(a)(2)(C).
Subpart A--General Provisions
0
20. In Sec. 1774.2, revise the definitions of ``Financially distressed
area'' and ``Rural area'' to read as follows:
Sec. 1774.2 Definitions.
* * * * *
Financially distressed area. An area is considered financially
distressed if the median household income of the area to be served is
either below the poverty line or below 80 percent of the statewide non-
metropolitan median household income according to the 5-year income
data from the American Community Survey (ACS) or, if needed, other
Census Bureau data. If there is reason to believe that the ACS or other
Census Bureau data does not accurately represent the median household
income of the area to be served, the reasons will be documented and the
borrower may furnish, or RD may obtain, additional information
regarding such median household income data. Information must consist
of reliable data from local, regional, State or Federal sources or from
a survey conducted by a reliable impartial source.
* * * * *
Rural area. For the purposes of this SEARCH program, any area not
in a city or town with a population of 2,500 or fewer, according to the
most recent decennial Census of the United States (decennial Census).
If the applicable population figure cannot be obtained from the most
recent decennial Census, RD will determine the applicable population
figure based on available population data.
* * * * *
PART 1775--TECHNICAL ASSISTANCE GRANTS
0
21. The authority citation for part 1775 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
Subpart A--General Provisions
0
22. In Sec. 1775.2, revise the definition of ``Rural area'' to read as
follows:
Sec. 1775.2 Definitions.
* * * * *
Rural area. Any area not in a city or town with a population in
excess of 10,000, according to the most recent decennial Census of the
United States. If the applicable population figure cannot be obtained
from the most recent decennial Census, RD will determine the applicable
population figure based on available population data.
* * * * *
PART 1776--HOUSEHOLD WATER WELL SYSTEM GRANT PROGRAM
0
23. The authority citation for part 1776 continues to read as follows:
Authority: 7 U.S.C. 1926e.
Subpart A--General
0
24. In Sec. 1776.3, revise the definition of ``Eligible individual''
to read as follows:
Sec. 1776.3 Definitions.
* * * * *
Eligible individual means an individual who is a member of a
household the members of which have a combined income (for the most
recent 12-month period for which the information is available) that is
not more than 100 percent of the median nonmetropolitan household
income for the State or territory in which the individual resides,
according to 5-year income data from the American Community Survey
(ACS) or, if needed, other Census Bureau data. If there is reason to
believe that the ACS or other Census Bureau data does not accurately
represent the median nonmetropolitan household income for the State or
territory in which the individual resides, the reasons will be
documented and the applicant may furnish, or RD may obtain, additional
information regarding such median household income data. Information
must consist of reliable data from local, regional, State or Federal
sources or from a survey conducted by a reliable impartial source.
* * * * *
PART 1777--SECTION 306C WWD LOANS AND GRANTS
0
25. The authority citation for part 1777 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
0
26. In Sec. 1777.4, revise the definition of ``Rural areas'' to read
as follows:
Sec. 1777.4 Definitions.
* * * * *
Rural areas. Includes unincorporated areas and any city or town
with a population not in excess of 10,000 inhabitants located in any of
the 50 States, the Commonwealth of Puerto Rico, the Western Pacific
Territories, Marshall Islands, Federated States of Micronesia, Republic
of Palau, and the U.S. Virgin Islands. The population figure is
obtained from the most recent decennial Census of the United States. If
the applicable population figure cannot be obtained from the most
recent decennial Census, RD will determine
[[Page 9863]]
the applicable population figure based on available population data.
* * * * *
0
27. Revise Sec. 1777.12(a)(1) to read as follows:
Sec. 1777.12 Eligibility.
(a) * * *
(1) Per capita income of the residents is not more than 70 percent
of the most recent national average per capita income, as determined by
5-year income data from the American Community Survey (ACS) or, if
needed, other Census Bureau data. If there is reason to believe that
the ACS or other Census Bureau data does not accurately represent the
per capita income of the residents, the reasons will be documented and
the borrower/applicant may furnish, or RD may obtain, additional
information regarding such per capita income data. Information must
consist of reliable data from local, regional, State or Federal sources
or from a survey conducted by a reliable impartial source, and
* * * * *
PART 1778--EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANTS
0
28. The authority citation for part 1778 continues to read as follows:
Authority: 5 U.S.C. 301, 7 U.S.C. 1989; 16 U.S.C. 1005.
0
29. In Sec. 1778.4, revise the definition of ``Rural areas'' to read
as follows:
Sec. 1778.4 Definitions.
* * * * *
Rural areas. Includes any area not in a city or town with a
population in excess of 10,000 inhabitants located in any of the fifty
States, the Commonwealth of Puerto Rico, the Western Pacific
Territories, Marshall Islands, Federated States of Micronesia, Republic
of Palau, and the U.S. Virgin Islands. The population figure is
obtained from the most recent decennial Census of the United States
(decennial Census). If the applicable population figure cannot be
obtained from the most recent decennial Census, RD will determine the
applicable population figure based on available population data.
* * * * *
0
30. Revise Sec. 1778.10(a)(1) and (2) to read as follows:
Sec. 1778.10 Restrictions.
(a) * * *
(1) Assist any city or town with a population in excess of 10,000
inhabitants. The population figure is obtained from the most recent
decennial Census. If the applicable population figure cannot be
obtained from the most recent decennial Census, RD will determine the
applicable population figure based on available population data.
Facilities financed by RUS may be located in non-rural areas. However,
loan and grant funds may be used to finance only that portion of the
facility serving rural areas, regardless of facility location.
(2) Assist a rural area that has a median household income in
excess of the statewide nonmetropolitan median household income as
determined by 5-year income data from the American Community Survey
(ACS) or, if needed, other Census Bureau data. If there is reason to
believe that the ACS or other Census Bureau data does not accurately
represent the median household income of the rural area, the reasons
will be documented and the applicant may furnish, or RD may obtain,
additional information regarding such median household income data.
Information must consist of reliable data from local, regional, State
or Federal sources or from a survey conducted by a reliable impartial
source.
* * * * *
Sec. 1778.13 [Amended]
0
31. Amend Sec. 1778.13(b) by removing ``decennial census of the United
States'' and adding ``decennical Census'' in its place.
PART 1779--WATER AND WASTE DISPOSAL PROGRAMS GUARANTEED LOANS
0
32. The authority citation for part 1779 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
0
33. In Sec. 1779.2, revise the definition of ``Rural and rural area''
to read as follows:
Sec. 1779.2 Definitions.
* * * * *
Rural and rural area. Any area not in a city or town with a
population in excess of 10,000 inhabitants. The population figure is
obtained from the most recent decennial Census of the United States
(decennial Census). If the applicable population figure cannot be
obtained from the most recent decennial Census, RD will determine the
applicable population figure based on available population data.
* * * * *
PART 1780--WATER AND WASTE LOANS AND GRANTS
0
34. The authority citation for part 1780 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
Subpart A--General Policies and Requirements
0
35. Revise the second, third, and fourth sentences of Sec. 1780.1(b)
to read as follows:
Sec. 1780.1 General.
* * * * *
(b) * * * The median household income of the service area and the
nonmetropolitan median household income of the State will be determined
from income data from 5-year income data from the American Community
Survey (ACS) or, if needed, other Census Bureau data. If there is
reason to believe that the ACS or other Census Bureau data does not
accurately represent the median household income within the area to be
served, the reasons will be documented and the applicant may furnish,
or RD may obtain, additional information regarding such median
household income data. Information must consist of reliable data from
local, regional, State or Federal sources or from a survey conducted by
a reliable impartial source. * * *
0
36. In Sec. 1780.3, revise the definition of ``Rural and rural areas''
to read as follows:
Sec. 1780.3 Definitions and grammatical rules of construction.
* * * * *
Rural and rural areas means any area not in a city or town with a
population in excess of 10,000 inhabitants. The population figure is
obtained from the most recent decennial Census of the United States
(decennial Census). If the applicable population figure cannot be
obtained from the most recent decennial Census, RD will determine the
applicable population figure based on available population data.
* * * * *
0
37. Revise Sec. 1780.18(c)(2)(ii) to read as follows:
Sec. 1780.18 Allocation of program funds.
* * * * *
(c) * * *
(2) * * *
(ii) The data sources for each criterion identified in paragraph
(c)(2) of this section are specified in paragraphs (c)(2)(ii)(A)
through (C) of this section. Each criterion is assigned a specific
weight according to its relevance in determining need. The percentage
representing each criterion is multiplied by the weight factor and
summed to arrive at a State factor (SF). The SF cannot exceed 0.05, as
follows:
[[Page 9864]]
SF = (criterion in paragraph (b)(2)(i)(A) of this section x 50 percent)
+ (criterion in paragraph (b)(2)(i)(B) x 25 percent) + (criterion in
paragraph (b)(2)(i)(C) of this section x 25 percent)
(A) For the criterion specified in paragraph (b)(2)(i)(A) of this
section, the most recent decennial Census data.
(B) For the criterion specified in paragraph (b)(2)(i)(B) of this
section, 5-year income data from the American Community Survey (ACS)
or, if needed, other Census Bureau data.
(C) For the criterion specified in paragraph (b)(2)(i)(C) of this
section, the most recent Bureau of Labor Statistics data.
* * * * *
Subpart B--Loan and Grant Application Processing
0
38. Revise Sec. 1780.49(b)(2) to read as follows:
Sec. 1780.49 Rural or Native Alaskan villages.
* * * * *
(b) * * *
(2) Rural or Native Alaskan village. A rural or Native Alaskan
community which meets the definition of a village under State statutes
and does not have a population in excess of 10,000 inhabitants
according to the most recent decennial Census.
* * * * *
PART 1781--RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND
WATERSHED (WS) LOANS AND ADVANCES
0
39. The authority citation for part 1781 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
Sec. 1781.2 [Amended]
0
40. Amend the first sentence of Sec. 1781.2(a) by removing ``,
successor to the Farmers's Home Administration'' in the first sentence.
PART 1783--REVOLVING FUNDS FOR FINANCING WATER AND WASTEWATER
PROJECTS (REVOLVING FUND PROGRAM)
0
41. The authority citation for part 1783 continues to read as follows:
Authority: 7 U.S.C. 1926 (a)(2)(B).
Subpart A--General
0
42. In Sec. 1783.3, revise the definition of ``Rural and rural area''
to read as follows:
Sec. 1783.3 What definitions are used in this regulation?
* * * * *
Rural and rural area means a city, town or unincorporated area that
has a population of no more than 10,000 inhabitants. The population
figure is obtained from the most recent decennial Census of the United
States (decennial Census). If the applicable population figure cannot
be obtained from the most recent decennial Census, RD will determine
the applicable population figure based on available population data.
* * * * *
CHAPTER XVIII--RURAL HOUSING SERVICE, RURAL BUSINESS-COOPERATIVE
SERVICE, RURAL UTILITIES SERVICE, AND FARM SERVICE AGENCY, DEPARTMENT
OF AGRICULTURE
PART 1806--INSURANCE
0
43. The authority citation for part 1806 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart A--Real Property Insurance
Sec. 1806.1 [Amended]
0
44. Amend Sec. 1806.1 by:
0
a. In paragraph (a), removing ``Rural Housing Service (RHS). Any
references herein to the Farmers Home Administration (FmHA) or its
employees are intended to mean FSA or RHS, as applicable, and their
employees.'' and adding ``Rural Housing Service (RHS), herein referred
to as the ``Agency.'' in its place;
0
b. In paragraphs (b) and (d), removing ``the FmHA or its successor
agency under Public Law 103-354'' and adding ``RD'' in its place; and
0
c. In paragraph (e), removing ``Form FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Form RD'' in its
place and removing ``interest of the FmHA or its successor agency under
Public Law 103-354'' and adding ``interest of RD'' in its place.
Sec. 1806.2 [Amended]
0
45. Amend Sec. 1806.2 by:
0
a. In paragraph (b)(5)(i), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place;
0
b. In paragraphs (b)(6) introductory text and (b)(6)(i), removing
``FmHA or its successor agency under Public Law 103-354'' and adding
``Agency'' in its place;
0
c. In paragraphs (b)(9) and (b)(10) introductory text, removing ``FmHA
or its successor agency under Public Law 103-354'' wherever it occurs
and adding ``the Agency'' in their place;
0
d. In paragraph (b)(11) introductory text:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
has'' and adding ``the Agency has'' in its place; and
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``the Agency will'' in its place;
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
d. In paragraph (b)(11)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``the Agency'' in its place;
0
e. In paragraph (b)(11)(iii), removing ``FmHA or its successor agency
under Public Law 103-354 is'' and adding ``the Agency is'' in its place
and removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
f. In paragraph (b)(11)(iv) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``The Agency''
in its place;
0
g. In paragraph (b)(11)(iv)(A), removing ``United States of America
(Farmers Home Administration or its successor agency under Public Law
103-354)'' and adding ``United States of America (Rural Development)''
in its place and removing ``naming FmHA or its successor agency under
Public Law 103-354'' and adding ``naming the Agency'' in its place;
0
h. In paragraph (b)(11)(iv)(B), removing ``United States of America
(Farmers Home Administration or its successor agency under Public Law
103-354)'' and adding ``United States of America (Rural Development)''
in its place and removing ``by FmHA or its successor agency under
Public Law 103-354'' and adding ``by the Agency'' in its place;
0
i. In paragraph (b)(11)(iv)(C), removing ``the Farmers Home
Admnistration or its successor agency under Public Law 103-354'' and
adding ``Rural Development'' in its place;
0
j. In paragraph (c), removing ``Form FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Form RD'' in its
place and removing ``in which the FmHA or its successor agency under
Public Law 103-354'' and adding ``in which the Agency'' in its place;
0
k. In paragraph (d)(1) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Agency'' in
its place;
[[Page 9865]]
0
l. In paragraph (d)(1)(iii)(B), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``the'' in its place;
0
m. In paragraph (d)(2), removing ``against the FmHA or its successor
agency under Public Law 103-354'' and adding ``against the Agency'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 mortgage'' and adding ``Agency mortgage'' in its place; and
0
n. In paragraph (e), removing ``FmHA or its successor agency under
Public Law 103-354 loan'' and adding ``Agency loan'' in its place and
removing ``for FmHA or its successor agency under Public Law 103-354
loans'' and adding ``for the Agency loans'' in its place.
Sec. 1806.3 [Amended]
0
46. Amend Sec. 1806.3 by:
0
a. In paragraphs (a)(1), (b), and (c)(1)(v), removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``Agency'' in their place;
0
b. In paragraph (c)(1)(vii), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Agency'' in
their place; and
0
c. In paragraph (c)(1)(viii), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Agency'' in
their place.
Sec. 1806.4 [Amended]
0
47. Amend Sec. 1806.4 by:
0
a. In paragraph (a)(2)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``RD'' in
their place;
0
b. In paragraph (a)(4), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
c. In paragraph (b)(1), removing ``upon demand to FmHA or its successor
agency under Public Law 103-354'' and adding ``upon demand to the
Agency'' in its place and removing ``FmHA or its successor agency under
Public Law 103-354 Instruction'' and adding ``RD Instruction'' in its
place; and
0
d. In paragraph (b)(2)(i), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``the Agency''
in their place.
Sec. 1806.5 [Amended]
0
48. Amend Sec. 1806.5 by:
0
a. In paragraphs (a) introductory text and (i)(2)(ii), removing ``FmHA
or its successor agency under Public Law 103-354'' and adding
``Agency'' in its place;
0
b. In paragraph (a)(1), removing ``the FmHA or its successor agency
under Public Law 103-354 '' and adding ``the Agency'' in its place;
0
c. In paragraph (a)(1), removing ``FmHA or its successor agency under
Public Law 103-354 was'' and adding ``the Agency was'' in its place;
0
d. In paragraphs (a)(2), (b)(1), and (b)(2) introductory text, removing
``FmHA or its successor agency under Public Law 103-354 '' and adding
``Agency'' in its place;
0
e. In paragraph (b)(2)(i), removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``the Agency's'' in its place
and removing ``jointly to the FmHA or its successor agency under Public
Law 103-354'' and adding ``jointly to the Agency'' in its place;
0
f. In paragraph (c)(1)(iii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``the Agency'' in its place;
0
g. In paragraphs (c)(1)(iv) and (e)(2), removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Agency'' in
its place;
0
h. In paragraph (g) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding
``Agency'' in its place;
0
i. In paragraphs (g)(2) and (h), removing ``FmHA or its successor
agency under Public Law 103-354 '' and adding ``Agency'' in its place;
and
0
j. In paragraph (i)(2), removing ``FmHA or its successor agency under
Public Law 103-354 official'' and adding ``Agency official'' in its
place and removing ``whether FmHA or its successor agency under Public
Law 103-354'' and adding ``whether the Agency'' in its place.
Sec. 1806.6 [Amended]
0
49. Amend Sec. 1806.6 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``the Agency''
in its place;
0
b. In paragraph (a)(1) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Agency'' in
its place;
0
c. In paragraph (a)(1)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Agency'' in its place;
0
d. In paragraph (a)(1)(iii), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Agency'' in
their place;
0
e. In paragraph (a)(1)(v), removing ``FmHA or its successor agency
under Public Law 103-354 Instruction'' and adding ``RD Instruction'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 account'' and adding ``Agency account'' in its place;
0
f. In paragraph (a)(1)(vii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Agency'' in its place;
0
g. In paragraph (c)(2), removing ``FmHA or its successor agency under
Public Law 103-354 as mortgagee'' and adding ``Agency as mortgagee'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 Instruction'' and adding ``RD Instruction'' in its place; and
0
h. In paragraph (c)(3), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place and
removing ``from the FmHA or its successor agency under Public Law 103-
354'' and adding ``from the Agency'' in its place.
Subpart B--National Flood Insurance
Sec. 1806.21 [Amended]
0
50. Amend Sec. 1806.21(a) by removing ``Farmers Home Administration
(FmHA) or its successor agency under Public Law 103-354'' and adding
``Rural Development and Farm Service Agency, herein referred to as the
``Agency'','' in its place.
Sec. 1806.22 [Amended]
0
51. Amend Sec. 1806.22 by:
0
a. In the paragraph heading of paragraph (b), removing ``Farmers Home
Administration or its successor agency under Public Law 103-354'' and
adding ``The Agency'' in its place; and
0
b. In the first sentence of paragraph (b), removing ``the FmHA or its
successor agency under Public Law 103-354 National Office'' and adding
``the National Office'' in its place.
Sec. 1806.23 [Amended]
0
52. Amend Sec. 1806.23(a) by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Agency'' in its place.
Sec. 1806.25 [Amended]
0
53. Amend Sec. 1806.25 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``The Agency'' in its place and
0
b. In paragraph (c)(4), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``the Agency'' in its place.
PART 1810--INTEREST RATES, TERMS, CONDITIONS, AND APPROVAL
AUTHORITY
0
54. The authority citation for part 1810 continues to read as follows:
Authority: 7 U.S.C. 1989; 14 U.S.C. 1480; 7 CFR 2.23; 7 CFR
2.70.
[[Page 9866]]
Subpart A--Interest Rates, Amortization, Guarantee Fee, Annual
Charge, and Fixed Period
Sec. 1810.1 [Amended]
0
55. Amend Sec. 1810.1 by:
0
a. In paragraph (a), removing ``FmHA or its successor Agency under
Public Law 103-354'' and adding ``the Agency (Rural Business-
Cooperative Service and Rural Housing Service of the U.S. Department of
Agriculture)'' in its place; and
0
b. In paragraph (b), removing ``Farmers Home Administration or its
successor agency under Public Law 103-354'' and adding ``U.S.
Department of Agriculture'' in its place.
Sec. 1810.2 [Amended]
0
56. Amend Sec. 1810.2(b) and (c) by removing ``FmHA or its successor
Agency under Public Law 103-354'' and adding ``the Agency'' in their
place.
PART 1822--Rural Housing Loans and Grants
0
57. The authority citation for part 1822 continues to read as follows:
Authority: 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR 2.23; 7 CFR 2.70.
Subpart G--Rural Housing Site Loan Policies, Procedures, and
Authorizations
Sec. 1822.261 [Amended]
0
58. Amend Sec. 1822.261 by removing ``assistance to FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development (RD)'' in its place and removing ``with an FmHA or its
successor agency under Public Law 103-354 employee'' and adding ``with
an RD employee'' in its place.
Sec. 1822.264 [Amended]
0
59. Amend Sec. 1822.264(b) by removing ``The Farmers Home
Administration (FmHA) or its successor agency under Public Law 103-
354'' and adding ``RHS'' in its place.
Sec. 1822.265 [Amended]
0
60. Amend Sec. 1822.265(a) by removing ``FmHA or its successor agency
under Public Law 103-354''.
Sec. 1822.266 [Amended]
0
61. Amend Sec. 1822.266(e)(4) by removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1822.267 [Amended]
0
62. Amend Sec. 1822.267 by:
0
a. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place;
0
b. In paragraph (d), removing ``using a form entitled, ``((Rural
Housing Site) Loan to Nonprofit Corporation)'' available at all FmHA or
its successor agency under Public Law 103-354 offices'';
0
c. In paragraph (e), removing ``, and certain information in a guide
entitled ``Planning and Developing Building Sites'' available at all
FmHA or its successor agency under Public Law 103-354 offices'';
0
d. In paragraph (h), removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place;
0
e. In paragraph (i), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place; and
0
f. In paragraph (k)(2), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place;
0
g. In paragraph (l)(2) introductory text, removing ``Form FmHA or its
successor agency under Public Law 103-354'' and adding ``Form RD'' in
its place;
0
h. In paragraph (l)(2)(i), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place;
0
i. In paragraph (l)(4), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place; and
0
j. In paragraph (l)(5), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``The government's'' in its place.
Sec. 1822.268 [Amended]
0
63. Amend Sec. 1822.268(a) by:
0
a. Removing ``charged by FmHA or its successor agency under Public Law
103-354'' and adding ``charged by Rural Development'' in its place;
0
b. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
c. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``RD office'' in its place.
Sec. 1822.270 [Amended]
0
64. Amend Sec. 1822.270(a) introductory text by removing ``FmHA or its
successor agency under Public Law 103-354 loan'' and adding ``RD'' in
its place.
Sec. 1822.271 [Amended]
0
65. Amend Sec. 1822.271 by:
0
a. In paragraph (b)(3)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place and
0
b. In paragraph (e), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs in the column labeled ``Form
No.'' and adding ``RD'' in its place.
Sec. 1822.274 [Amended]
0
66. Amend Sec. 1822.274 by:
0
a. In paragraph (b) first sentence, removing ``Form FmHA or its
successor agency under Public Law 103-354 1927-1 (state), Real Estate
Mortgage for ___,'' will'' and adding ``Form RD 3550-14, ``Real Estate
Mortgage or Deed of Trust for (state),'' will'' in its place and in the
first paragraph of the quoted material in the third sentence by
removing ``basis for the FmHA or its successor agency under Public Law
103-354'' and adding ``basis for Rural Development'' in its place; and
0
b. In paragraph (c)(2), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1822.275 [Amended]
0
67. Amend Sec. 1822.275(a) by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1822.278 [Amended]
0
68. Amend Sec. 1822.278(g) by:
0
a. In the first sentence, removing ``Form FmHA or its successor agency
under Public Law 103-354 1927-1 (state), Real Estate ___for___ (Direct
Loan),'' will'' and adding ``Form RD 3550-14, ``Real Estate Mortgage or
Deed of Trust for (state),'' will'' in its place; and
0
b. In the first paragraph of the quoted material in the third sentence,
removing ``basis for the FmHA or its successor agency under Public Law
103-354'' and adding ``basis for Rural Development'' in its place.
PART 1900--GENERAL
0
69. The authority citation for part 1900 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 7 U.S.C. 6991, et seq.;
42 U.S.C. 1480; Reorganization Plan No. 2 of 1953 (5 U.S.C. App.).
Sec. 1900.1 [Amended]
0
70. Amend Sec. 1900.1 by:
0
a. Removing ``the Farmers Home Administration or its successor Agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place; and
0
b. Adding ``This subpart is inapplicable to Farm Service Agency, Farm
Loan Programs.'' at the end of the section.
[[Page 9867]]
Sec. 1900.2 [Amended]
0
71. Amend Sec. 1900.2 introductory text and paragraph (g) by removing
``the Farmers Home Administration or its successor Agency under Public
Law 103-354'' wherever it occurs and adding ``Rural Development'' in
its place.
Sec. 1900.3 [Amended]
0
72. Amend Sec. 1900.3 by removing ``the Farmers Home Administration or
its successor Agency under Public Law 103-354'' wherever it occurs and
adding ``Rural Development'' in its place.
Sec. 1900.5 [Amended]
0
73. Amend Sec. 1900.5 by removing ``the FmHA or its successor Agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
Sec. 1900.6 [Amended]
0
74. Amend Sec. 1900.6(a) and (b) by removing ``Farmers Home
Administration or its successor Agency under Public Law 103-354'' and
adding ``Rural Development'' in its place.
Sec. 1900.7 [Amended]
0
75. Amend Sec. 1900.7 by removing ``Administrator of the Farmers Home
Administration or its successor agency under Public Law 103-354'' and
adding ``Under Secretary for Rural Development'' in its place.
Subpart C--Applicability of Federal Law
Sec. 1900.101 [Amended]
0
76. Amend Sec. 1900.101 by:
0
a. In the introductory text, removing ``Agency'' and adding ``Rural
Development'' in its place;
0
b. In paragraph (a), removing ``Farmers Home Administration (FmHA) or
its successor Agency under Public Law 103-354'' and adding ``Rural
Development'' in its place; and
0
c. In paragraph (b), removing ``FmHA or its successor Agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1900.102 [Amended]
0
77. Amend Sec. 1900.102 by removing ``FmHA or its successor Agency
under Public Law 103-354'' and ``Farmers Home Administration or its
successor Agency under Public Law 103-354'' wherever they occur and
adding ``Rural Development'' in their place.
Subpart D--Processing and Servicing Rural Development Assistance to
Employees, Relatives, and Associates
0
78. Revise the heading of Subpart D to read as set forth above.
0
79. Revise Sec. 1900.151(a) introductory text and (b) to read as
follows:
Sec. 1900.151 General.
(a) The Standards of Ethical Conduct for Employees of the Executive
Branch requires the maintenance of high standards of honesty,
integrity, and impartiality by employees. To reduce the potential for
employee conflict of interest, any processing, approval, servicing or
review activity, including access through automated information
systems, is conducted only by authorized Rural Development employees
who:
* * * * *
(b) No provision of this subpart takes precedence over individual
program requirements or restrictions relating to eligibility for Rural
Development assistance to Rural Development employees, members of
families of employees, close relatives, or business or close personal
associates of employees.
* * * * *
Sec. 1900.152 [Amended]
0
80. Amend Sec. 1900.152 by:
0
a. Removing ``FmHA or its successor Agency under Public Law 103-354''
and adding ``Rural Development'' wherever it occurs in its place in the
following definitions:
0
i. `Applicant or borrower';
0
ii. `Assistance';
0
iii. `Employee'; and
0
iv. `Recipient'; and
0
b. Removing ``an FmHA or its successor Agency under Public Law 103-
354'' and adding ``a Rural Development'' in its place in the definition
of `Conflict of Interest'.
0
81. Revise Sec. 1900.153 to read as follows:
Sec. 1900.153 Identifying and reporting an employee relationship.
(a) Responsibility of applicant. When an application for assistance
is filed, the processing official asks if there is any known
relationship or association with a Rural Development employee. The
applicant is required to disclose the requested information under
pertinent program regulations.
(b) Responsibility of the Rural Development employee. A Rural
Development employee who knows he or she is related to or associated
with an applicant or recipient, regardless of whether the relationship
or association is known to others, is required to notify the Rural
Development official who is processing or servicing the assistance, in
writing. RD Guide Letter 1900-D-1 (available in any RD office) may be
used as the notice. If the appropriate official is not known, the State
Director should be notified. Regardless of whether the relationship or
association is defined in Sec. 1900.152, if the employee believes
there may be a potential conflict of interest, the Rural Development
official who is processing or servicing the assistance may be notified
and special handling requested. An employee's request that the case
receive special handling is usually honored.
(c) Responsibility of the Rural Development official. When any
relationship or association is identified, the Rural Development
official completes and submits RD Guide Letter 1900-D-2 to the State
Director (or Administrator, under paragraph (e) of this section or
Sec. 1900.155(a)). When completed, RD Guide Letter 1900-D-3 is
returned by the State Director, the processing official;
(d) Relationship or association established after application for
Rural Development assistance. If a relationship or association is
established after an application has been filed or assistance has been
provided, both recipient and employee are required to notify the Rural
Development official as described in paragraphs (a) and (b) of this
section.
(e) Relationship or association with a State Office, Finance Office
or National Office employee. If an identified relationship or
association is with an employee at a State Office (other than a State
Director), Finance Office or National Office, the processing/servicing
official completes and submits RD Guide Letter 1900-D-2 to the State
Director in the normal manner. The State Director reviews the
information, determines the need for special handling, designates the
processing/servicing official, completes and submits RD Guide Letter
1900-D-3 to the Administrator for written concurrence. When the
Administrator's concurrence is received, the State Director returns
completed RD Guide Letter 1900-D-3 to the original official who
completes the action described in paragraph (c) of this section.
(f) Relationship or association with a State Director. If an
identified relationship or association is with a State Director, the
processing/servicing official completes and submits RD Guide Letter
1900-D-2 to the Administrator. The Administrator reviews, determines
the need for special handling, designates the processing/servicing
official, completes and returns RD Guide Letter 1900-D-3 to the
original official who completes the action described in paragraph (c)
of this section.
(g) Change in relationship or association, status of Rural
Development assistance, or employee's duty station. If the relationship
or
[[Page 9868]]
association has changed, the application denied or the assistance
otherwise terminated, or Rural Development employee's duty station
changed, the designated processing/servicing official completes RD
Guide Letter 1900-D-2 with the new information and submits it. The
review process takes place as described in paragraphs (a) through (e)
of this section to determine if processing/servicing activity may
return to normal or requires another change. If the assistance is
denied or otherwise terminated, the designated official notifies the
original official.
Sec. 1900.155 [Amended]
0
82. Amend Sec. 1900.155(a) by removing ``FmHA or its successor Agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
Sec. 1900.156 [Amended]
0
83. Amend Sec. 1900.156(g) by removing ``FmHA or its successor Agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
PART 1901--PROGRAM-RELATED INSTRUCTIONS
0
84. The authority citation for part 1901 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart K--Certificates of Beneficial Ownership and Insured Notes
Sec. 1901.501 [Amended]
0
85. Amend Sec. 1901.501 by removing ``Farmers Home Administration
(FmHA) or its successor Agency under Public Law 103-354'' and adding
``Rural Development'' in its place.
0
86. Revise Sec. 1901.503(a)(2) through (a)(7), (a)(9), (a)(10),
(a)(12), (a)(13), (a)(15) through (a)(17), (a)(19), and (b)(1) through
(b)(6) to read as follows:
Sec. 1901.503 Definitions.
(a) * * *
(2) Certificate. A certificate of beneficial ownership issued by
Rural Development under this subpart.
(3) Director, Finance Office. The Director or the Insured Loan
Officer of the Finance Office of Rural Development.
(4) Rural Development. The United States acting through the Rural
Housing Service, the Rural Utilities Service, or the Rural Business-
Cooperative Service or their successor agencies.
(5) Finance Office. The office which maintains the Rural
Development finance records. It is located at 1520 Market Street, St.
Louis, Missouri 63103. (Phone: 314-425-4400)
(6) Fixed period. Any time interval (preceding an option period)
during which the insured holder is not entitled to require Rural
Development to purchase the insured note, as specified in the insurance
agreement.
(7) Insurance agreement. The entire contract evidencing and setting
forth the terms and conditions of Rural Development insurance of the
payment for the insured note. The insurance agreement with respect to
any particular loan may be evidenced by Form RD 440-5, ``Insurance
Endorsement (Insured Loan),'' RD 440-30, ``Insurance Endorsement
(Insure Loans),'' or any other form or forms prescribed by the National
Office and executed by an authorized official of Rural Development. It
may include such provisions as, for example, an agreement of Rural
Development to purchase or repurchase the loan, or to make
supplementary payments from the insurance fund.
* * * * *
(9) Insured holder. The current owner of an insured note other than
Rural Development, according to the records of Rural Development as
insurer of the note.
(10) Insured note. Any promissory note or bond evidencing an
insured loan regardless of whether it is held by Rural Development in
the insurance fund, by a private holder, or by Rural Development as
trustee.
* * * * *
(12) National Office. The Administrator or other authorized officer
of Rural Development in Washington, DC.
(13) Option period. Any period during which the insured holder has
the optional right to require Rural Development to purchase the insured
note, as specified in the insurance agreement.
* * * * *
(15) Private buyer. A buyer of an insured note other than Rural
Development.
(16) Private holder. An insured holder other than Rural
Development.
(17) Repurchase agreement. A provision in the insurance agreement
obligating Rural Development to buy the insured note at the option of
the holders.
* * * * *
(19) State Director. The State Director of Rural Development for
the State in which is located the real estate improved, purchased, or
refinanced with the loan evidenced by the insured note.
(b) * * *
(1) Reserve bank. The Federal Reserve Bank of New York (and any
other Federal Reserve Bank which agrees to issue securities in book-
entry form) as fiscal agent of the United States acting on behalf of
Rural Development and, when indicated, acting in its individual
capacity.
(2) Rural Development security. A certificate representing
beneficial ownership of notes, bonds, debentures, or other similar
obligations held by Rural Development under the Consolidated Farm and
Rural Development Act and title V of the Housing Act of 1949, issued in
the form of a definitive Rural Development security or a book-entry
Rural Development security.
(3) Definitive Rural Development security. A Rural Development
security in engraved on printed form.
(4) Book-entry Rural Development security. A Rural Development
security in the form of an entry made as prescribed in this subpart on
the records of a Reserve bank.
(5) Pledge. A pledge of, or any other security interest in, Rural
Development securities as collateral for loans or advances, or to
secure deposits of public moneys or the performance of an obligation.
(6) Date of call. The date fixed in the official notice of call
published in the Federal Register on which Rural Development will make
payment of the security before maturity in accordance with its terms.
* * * * *
Sec. 1901.504 [Amended]
0
87. Amend Sec. 1901.504 by removing ``FmHA or its successor Agency
under Public Law 103-354 financing'' and adding ``Rural Development
financing'' in its place and by removing ``FmHA or its successor Agency
under Public Law 103-354's fiscal agents'' and adding ``Rural
Development's fiscal agents'' in its place.
Sec. 1901.505 [Amended]
0
88. Amend Sec. 1901.505 section heading and paragraphs (a)(1), (a)(2),
and (b) by removing ``FmHA or its successor Agency under Public Law
103-354'' wherever it occurs and adding ``Rural Development'' in its
place.
Sec. 1901.506 [Amended]
0
89. Amend Sec. 1901.506 by:
0
a. Removing ``FmHA or its successor Agency under Public Law 103-354''
each time it appears and adding ``Rural Development'' in the following
places:
0
i. The section heading;
0
ii. Paragraphs (a)(1), (a)(2), (a)(3);
0
iii. Paragraphs (b)(1) introductory text, (b)(2), (b)(3), (b)(4),
(b)(5);
0
iv. Paragraphs (c)(1) introductory text, (c)(1)(i), (c)(1)(iv), (c)(2),
(c)(3), (c)(4), (c)(5);
[[Page 9869]]
0
v. Paragraphs (d) paragraph heading, (d)(1), (d)(2);
0
vi. Paragraph (e) paragraph heading and text;
0
vii. Paragraph (f)(1);
0
viii. Paragraph (g) paragraph heading and text;
0
ix. Paragraph (h)(1); and
0
b. In paragraph (f)(2), removing ``the Farmers Homes Administration or
its successor agency under Public Law 103-354'' and ``Farmers Homes
Administration or its successor agency under Public Law 103-354'' and
adding ``Rural Development'' in their place.
0
90. Amend Sec. 1901.507 by:
0
a. Revising the section heading to read as set forth below;
0
b. In paragraphs (b)(1) and (b)(3), removing ``FmHA or its successor
Agency under Public Law 103-354'' and adding ``Rural Development'' in
its place;
0
c. In paragraph (c)(1), removing ``FmHA or its successor Agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
d. In paragraph (d)(1), removing ``FmHA or its successor Agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place;
0
e. Removing in paragraph (d)(2) ``Farmers Home Administration or its
successor Agency under Public Law 103-354'' and adding ``Rural
Development'' in its place;
0
f. In paragraph (d)(3), removing ``FmHA or its successor Agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place; and
0
g. Revising paragraph (e) to read as follows:
Sec. 1901.507 Certificates of beneficial ownership by the Rural
Development Finance Office.
* * * * *
(e) Assignments. Assignments of certificates should be executed by
the owner or the owner's authorized representative in the presence of
an officer authorized to certify assignments. Registered certificates
may be assigned to a specified transferee or to Rural Development for
redemption or for exchange for other certificates offered at maturity.
Assignments to ``United States, Rural Development,'' ``Farmers Home
Administration for Transfer,'' or ``Rural Development for Exchange''
will not be accepted unless supplemented by specific instructions by or
in behalf of the owner. If an alteration or erasure has been made in an
assignment, a new assignment from the assignor should be obtained.
Otherwise, an affidavit or explanation by the person responsible for
the alteration or erasure should be submitted for consideration.
* * * * *
Sec. 1901.508 [Amended]
0
91. Amend Sec. 1901.508 by:
0
a. In the introductory text and in paragraphs (a)(1) through (a)(4),
removing ``FmHA or its successor Agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place;
0
b. In paragraph (b)(1)(i), removing ``Form FmHA or its successor Agency
under Public Law 103-354'' and adding ``Form RD'' in its place;
0
c. In paragraph (b)(2), removing ``FmHA or its successor Agency under
Public Law 103-354 is requested'' and adding ``Rural Development is
requested'' in its place and removing ``Form FmHA or its successor
Agency under Public Law 103-354'' and adding ``Form RD'' in its place;
0
d. In paragraph (b)(3), removing ``Form FmHA or its successor Agency
under Public Law 103-354'' and adding ``Form RD'' in its place and
removing ``made to FmHA or its successor Agency under Public Law 103-
354'' and adding ``made to Rural Development'' in its place;
0
e. In paragraph (b)(4):
0
i. Removing ``Form FmHA or its successor Agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
ii. Removing ``records of FmHA or its successor Agency under Public Law
103-354'' and adding ``records of Rural Development'' in its place; and
0
iii. Removing ``by FmHA or its successor Agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place;
0
f. In paragraph (b)(5):
0
i. Removing ``by FmHA or its successor Agency under Public Law 103-
354'' wherever it occurs and adding ``by Rural Development'' in its
place;
0
ii. Removing ``Form FmHA or its successor Agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
iii. Removing ``However, FmHA or its successor Agency under Public Law
103-354'' and adding ``However, Rural Development'' in its place; and
0
g. In the heading to paragraph (c) and in paragraphs (c)(1)
introductory text, (c)(2), and (d), removing ``FmHA or its successor
Agency under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
Sec. 1901.509 [Amended]
0
92. Amend Sec. 1901.509 by:
0
a. In paragraph (a), removing ``FmHA or its successor Agency under
Public Law 103-354's'' wherever it occurs and adding ``Rural
Development's'' in its place;
0
b. In paragraphs (b) introductory text, (b)(1) introductory text, and
(b)(1)(iii), removing ``FmHA or its successor Agency under Public Law
103-354'' and adding ``Rural Development'' in its place;
0
c. In paragraph (b)(5):
0
i. Removing ``and FmHA or its successor Agency under Public Law 103-
354'' and adding ``and Rural Development'' in its place;
0
ii. Removing ``to FmHA or its successor Agency under Public Law 103-
354'' and adding ``to Rural Development'' in its place; and
0
iii. Removing ``by FmHA or its successor Agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place; and
0
d. In paragraph (b)(6), removing ``the Farmers Home Administration or
its successor Agency under Public Law 103-354'' and adding ``Rural
Development'' in its place; and
0
e. In paragraph (d), removing ``FmHA or its successor Agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
PART 1902--SUPERVISED BANK ACCOUNTS
0
93. The authority citation for part 1902 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 7 U.S.C. 6991, et seq.;
42 U.S.C. 1480; Reorganization Plan No. 2 of 1953 (5 U.S.C. App.).
Subpart A--Supervised Bank Accounts of Loan, Grant, and Other Funds
Sec. 1902.1 [Amended]
0
94. Amend Sec. 1902.1 introductory text by adding at the end of the
section ``This subpart is inapplicable to Farm Service Agency, Farm
Loan Programs.''
Sec. 1902.4 [Amended]
0
95. Amend Sec. 1902.4 by:
0
a. In paragraph (a)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``government'' in its place; and
0
b. In paragraph (b)(2):
0
i. Removing ``the FmHA or its successor Agency under Public Law 103-
354'' and adding ``Rural Development'' in its place;
0
ii. Removing ``FmHA or its successor Agency under Public Law 103-354
will'' and adding ``Rural Development will'' in its place; and
0
iii. Removing ``Form FmHA or its successor Agency under Public Law 103-
354'' and adding ``Form RD'' in its place.
[[Page 9870]]
Sec. 1902.9 [Amended]
0
96. Amend Sec. 1902.9 in the heading of paragraph (a) by removing
``FmHA or its successor Agency under Public Law 103-354'' and adding
``Rural Development'' in its place.
Sec. 1902.10 [Amended]
0
97. Amend Sec. 1902.10 by:
0
a. In paragraph (b), removing ``FmHA or its successor Agency under
Public Law 103-354'' and adding ``Rural Development'' in its place; and
0
b. In paragraph (c), removing ``Form FmHA or its successor Agency under
Public Law 103-354'' and adding ``Form RD'' in its place.
Sec. 1902.15 [Amended]
0
98. Amend Sec. 1902.15 by:
0
a. In the introductory text:
0
i. Removing ``When FmHA or its successor Agency under Public Law 103-
354'' and adding ``When Rural Development'' in its place;
0
ii. Removing ``Form FmHA or its successor Agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
iii. Removing ``FmHA or its successor Agency under Public Law 103-
354's'' and adding ``Rural Development's'' in its place.
0
b. In paragraphs (a) and (c)(1)(i) introductory text, removing ``FmHA
or its successor Agency under Public Law 103-354'' and adding ``Rural
Development'' in its place;
0
c. In paragraph(c)(1)(i)(B), removing ``FmHA or its successor Agency
under Public Law 103-354's'' and adding ``Rural Development's'' in
their place;
0
d. In paragraph (c)(1)(i)(C), removing ``FmHA or its successor Agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place;
0
e. In paragraph (c)(1)(ii):
0
i. Removing ``FmHA or its successor Agency under Public Law 103-354
indebtedness'' and adding ``Rural Development indebtedness'' in its
place;
0
ii. Removing ``FmHA or its successor Agency under Public Law 103-354
borrower'' and adding ``Rural Development borrower'' in its place; and
0
iii. Removing ``the FmHA or its successor Agency under Public Law 103-
354'' and adding ``Rural Development'' in its place; and
0
f. In paragraphs (c)(1)(iii) and (c)(2)(i), removing ``FmHA or its
successor Agency under Public Law 103-354'' and adding ``Rural
Development'' in its place.
Sec. 1902.16 [Amended]
0
99. Amend Sec. 1902.16 by:
0
a. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354s'' and adding ``Rural Development'' in its place;
and
0
b. In paragraph (d) by removing ``of FmHA or its successor agency under
Public Law 103-354's'' and adding ``due to Rural Development'' in its
place.
PART 1910--GENERAL
0
100. The authority citation for part 1910 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart B--Credit Reports
0
100. Section 1910.51 is revised to read as follows:
Sec. 1910.51 Purpose.
This subpart prescribes the policies and procedures of Rural
Development for individual and joint type credit reports. Credit
reports will be ordered to determine the eligibility of applicants
requesting Rural Development loans. A nonrefundable fee will be charged
the applicant. This subpart is inapplicable to Farm Service Agency,
Farm Loan Programs.
Subpart C--Commercial Credit Reports
0
101. Revise the first sentence of Sec. 1910.101 to read as follows:
Sec. 1910.101 Preface.
This subpart (Sec. Sec. 1910.101 through 1910.150) describes the
procedure to be used by Rural Development in obtaining commercial
credit reports. * * *
PART 1924--CONSTRUCTION AND REPAIR
0
102. The authority citation for part 1924 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart A--Planning and Performing Construction and Other
Development
Sec. 1924.1 [Amended]
0
103. Amend Sec. 1924.1 by removing ``Farmers Home Administration
(FmHA) or its successor agency under Public Law 103-354'' and adding
``Agency'' in its place.
Sec. Sec. 1924.3, 1924.4, 1924.5, 1924.6, 1924.8, 1924.9, 1924.10, and
1924.13 [Amended]
0
102. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and add ``Agency'' in its place in the following
places:
0
a. Section 1924.3;
0
b. Section 1924.4(d), (f), and (p);
0
c. Section 1924.5(d)(1) introductory text wherever it occurs,
(d)(1)(iv), (d)(1)(v), (f)(1)(i), (f)(1)(iii)(C)(4), (f)(2)(iii),
(f)(2)(xii) wherever it occurs, (g)(3), and (i)(4);
0
d. Section 1924.6(a)(6), (a)(8), (a)(10)(ii) wherever it occurs, and
(a)(11)(iv);
0
e. Section 1924.8(e);
0
f. Section 1924.9(b)(7);
0
g. Section 1924.10(c)(1) wherever it occurs; and
0
h. Section 1924.13(a) introductory text, (a)(1), (a)(3), (a)(5)(i)(B)
wherever it occurs, (a)(5)(ii)(C), (a)(5)(vi), (b)(2)(v), (e)(1)
introductory text wherever it occurs, (e)(1)(iii)(B)(2), (e)(2)(i)(B),
(e)(2)(ii)(A), and (e)(2)(vii).
Sec. Sec. 1924.5, 1924.6, 1924.9, 1924.10, 1924.11, 1924.12, and
1924.13 [Amended]
0
103. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and add ``RD'' in its place in the following places:
0
a. Section 1924.5(b) wherever it occurs, (f)(1)(iii)(F), (f)(2)(i),
(g)(1) introductory text, and (g)(2);
0
b. Section 1924.6(a)(10)(iv) wherever it occurs, (a)(11)(iii),
(a)(12)(ii), (a)(12)(iii) wherever it occurs, (a)(12)(v)(A),
(a)(12)(vi)(C)(2)(i), (a)(12)(vi)(C)(2)(ii), (b)(3)(i) wherever it
occurs, (b)(3)(ii)(C), and (b)(3)(ii)(G);
0
c. Section 1924.9(c) wherever it occurs;
0
d. Section 1924.10(a)(4), (c)(2)(i), and (c)(2)(ii);
0
e. Section 1924.11(c);
0
f. Section 1924.12(a), (d)(1), and (d)(2); and
0
g. Section 1924.13(e)(1)(ii) introductory text wherever it occurs and
(e)(2)(x).
Sec. Sec. 1924.4, 1924.5, 1924.6, 1924.9, and 1924.13 [Amended]
0
104. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and add ``the Agency'' in its place in the following
places:
0
a. Section 1924.4(h)(1), (h)(8), and (n);
0
b. Section 1924.5(d)(1)(i)(E)(1), (f)(1)(ii), (f)(1)(iii)(C), (f)(2)
introductory text, (f)(2)(vii), and (f)(2)(viii);
0
c. Section 1924.6(a)(2)(vi), (a)(3)(iii)(B), (a)(3)(iv)(D),
(a)(3)(iv)(F), (a)(11)(iv) wherever it occurs, (a)(12)(v)(C) wherever
it occurs, (a)(12)(vi)(C)(1)(ii), and (b)(3)(ii)(F);
0
d. Section 1924.9(d) and (e); and
0
e. Section 1924.13(a)(5)(i)(F), (a)(5)(iii)(C), (b)(2) wherever it
occurs, (e)(1)(i)(D), (e)(1)(i)(E), (e)(1)(iii)(B)(3), (e)(1)(vi)(A)
wherever it occurs, (e)(1)(vii)(A)(4), (e)(1)(vii)(B)(3), (e)(2)(i)(D),
(e)(2)(ii)(C), (e)(2)(iii)(C), (e)(2)(ix)(A) wherever it occurs, and
(e)(2)(ix)(B).
[[Page 9871]]
Sec. 1924.5 [Amended]
0
105. Amend Sec. 1924.5 by:
0
a. In paragraph (d)(1)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place;
0
b. In paragraph (f) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354's'' and adding ``the Agency's'' in its
place;
0
c. In paragraph (f)(1)(iii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``The Agency'' in its place;
0
d. In paragraph (f)(2)(iii):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
for'' and adding ``Agency for'' in its place;
0
ii. Removing ``that FmHA or its successor agency under Public Law 103-
354 will'' and adding ``the Agency will'' in its place; and
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
e. In paragraph (h) introductory text:
0
i. Removing ``of FmHA or its successor agency under Public Law 103-
354'' and adding ``of the Agency'' in its place; and
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
forms'' and adding ``RD forms'' in its place; and
0
f. in paragraph (i)(5), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``The Agency'' in its place.
Sec. 1924.6 [Amended]
0
106. Amend Sec. 1924.6 by:
0
a. In paragraph (a)(1), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place and
removing ``(including FmHA or its successor agency under Public Law
103-354)'' and adding ``(including the Agency)'' in its place;
0
b. In paragraph (a)(3)(ii), removing ``(including FmHA or its successor
agency under Public Law 103-354)'' and adding ``(including the
Agency)'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 will be'' and adding ``The Agency will be'' in
its place;
0
c. In paragraph (a)(3)(iii)(A):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
prior'' and adding ``the Agency prior'' in its place;
0
ii. Removing ``the owner and FmHA or its successor agency under Public
Law 103-354'' and adding ``the owner and the Agency'' in its place;
0
iii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by the Agency'' in its place; and
0
iv. Removing ``all FmHA or its successor agency under Public Law 103-
354'' and adding ``all Agency'' in its place.
0
d. In paragraph (a)(11)(i), removing ``FmHA or its successor agency
under Public Law 103-354 employee'' and adding ``Agency employee'' in
its place and removing ``Form FmHA or its successor agency under Public
Law 103-354'' and adding ``Form RD'' in its place;
0
e. In paragraph (a)(12)(v)(B), removing ``provide FmHA or its successor
agency under Public Law 103-354'' and adding ``provide the Agency'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 official'' wherever it occurs and adding ``Agency official'' in
its place;
0
f. In paragraph (a)(12)(vi)(B):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
loan'' and adding ``Agency loan'' in its place;
0
ii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``by the Agency'' in its place;
0
iii. Removing ``of FmHA or its successor agency under Public Law 103-
354'' and adding ``of the Agency'' in its place; and
0
iv. Removing ``the owner and FmHA or its successor agency under Public
Law 103-354'' and adding ``the owner and the Agency'' in its place; and
0
g. In paragraph (a)(12)(vi)(C) introductory text:
0
i. Removing ``the FmHA or its successor agency under Public Law 103-354
loan'' and adding ``Agency loan'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``the Agency will'' in its place; and
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place.
Sec. 1924.9 [Amended]
0
107. Amend Sec. 1924.9 by:
0
a. In paragraph (a):
0
i. Removing ``Rural Development office'' and adding ``Agency office''
in its place;
0
ii. Removing ``RHS or its successor agency under Public Law 103-354
inpections'' wherever it occurs and adding ``Agency inspections'' in
its place; and
0
iii. Removing ``RHS or its successor agency under Public Law 103-354
has'' and adding ``the Agency has'' in its place; and
0
b. In paragraph (b)(2), removing ``the FmHA or its successor agency
under Public Law 103-354'' and adding ``Agency'' in its place.
Sec. 1924.10 [Amended]
0
108. Amend Sec. 1924.10(a)(3) by removing ``FmHA or its successor
agency under Public Law 103-354's security'' and adding ``the Agency's
security'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 security'' and adding ``Agency security'' in
its place.
Sec. 1924.12 [Amended]
0
109. Amend Sec. 1924.12 by:
0
a. In paragraph (b):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
ii. Removing ``the owner and FmHA or its successor agency under Public
Law 103-354'' and adding ``the owner and the Agency'' in its place; and
0
iii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by the Agency'' in its place;
0
b. In paragraph (c), removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place and removing
``FmHA or its successor agency under Public Law 103-354 office'' and
adding ``Agency office'' in its place; and
0
c. In paragraph (d)(4), removing ``notifies FmHA or its successor
agency under Public Law 103-354'' and adding ``notifies the Agency'' in
its place and removing ``Form FmHA or its successor agency under Public
Law 103-354'' and adding ``Form RD'' in its place.
Sec. 1924.13 [Amended]
0
110. Amend Sec. 1924.13 by:
0
a. In paragraph (a)(4)(iii), removing ``The Farmers Home Administration
or its successor agency under Public Law 103-354'' and adding ``The
Agency'' in its place and removing ``FmHA or its successor agency under
Public Law 103-354 Approval Official'' and adding ``Agency Approval
Official'' in its place;
0
b. In paragraph (e)(1)(ii)(F):
0
i. Removing ``to FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``to the Agency'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
regulations'' and adding ``Agency regulations'' in its place;
0
c. In paragraph (e)(1)(ii)(G), removing ``FmHA or its successor agency
under Public Law 103-354 offices'' and adding
[[Page 9872]]
``Agency offices'' in its place, and removing ``Form FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``Form RD'' in its place;
0
d. In paragraph (e)(1)(ii)(H), removing ``The Farmers Home
Administration or its successor agency under Public Law 103-354'' and
adding ``The Agency'' in its place and removing ``FmHA or its successor
agency under Public Law 103-354 Official'' and adding ``Agency
Official'' in its place;
0
e. In paragraph (e)(1)(iv):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
with'' and adding ``the Agency with'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
offices'' and adding ``Agency offices'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
personnel'' and adding ``Agency personnel'' in its place;
0
f. In paragraph (e)(1)(v) introductory text:
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' wherever it occurs and adding ``Agency office'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``the Agency will'' in its place;
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
contractor'' and adding ``Agency contractor'' in its place;
0
v. Removing ``FmHA or its successor agency under Public Law 103-354
contracts'' and adding ``Agency contracts'' in its place; and
0
vi. Removing ``FmHA or its successor agency under Public Law 103-354
personnel'' and adding ``Agency personnel'' in its place;
0
g. In paragraph (e)(1)(v)(A), removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place
and removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to the Agency'' in its place;
0
h. In paragraph (e)(1)(v)(B):
0
i. Removing ``the owner and FmHA or its successor agency under Public
Law 103-354'' and adding ``the owner and the Agency'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
iii. Removing ``prior to FmHA or its successor agency under Public Law
103-354'' and adding ``prior to the Agency'' in its place; and
0
iv. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by the Agency'' in its place;
0
i. In paragraph (e)(1)(v)(C):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
ii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by the Agency'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Agency office'' in its place;
0
j. In paragraph (e)(1)(v)(D), removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place
and removing ``FmHA or its successor agency under Public Law 103-354
regulations'' and adding ``Agency regulations'' in its place;
0
k. In paragraph (e)(1)(v)(E):
0
i. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by the Agency'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
reserves'' and adding ``The Agency reserves'' in its place;
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
iv. Removing ``to FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``to the Agency'' in its place;
0
l. In paragraph (e)(1)(v)(G):
0
i. Removing ``Forms FmHA or its successor agency under Public Law 103-
354'' and adding ``Forms RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
1944-31'' and adding ``RD 1944-31'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
office'' wherever it occurs and adding ``Agency office'' in its place;
0
m. In paragraph (e)(1)(v)(I):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Agency office'' in its place;
0
n. In paragraph (e)(1)(vi) introductory text, removing ``Form FmHA or
its successor agency under Public Law 103-354'' wherever it occurs and
adding ``Form RD'' in its place and removing ``FmHA or its successor
agency under Public Law 103-354 as shown'' and adding ``the Agency as
shown'' in its place;
0
o. In paragraph (e)(2)(i)(G), removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place
and removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by the Agency'' in its place;
0
p. In paragraph (e)(2)(i)(H), removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place
and removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to the Agency'' in its place;
0
q. In paragraph (e)(2)(viii) introductory text:
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Agency office'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
contractor'' and adding ``Agency contractor'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
contracts'' and adding ``Agency contracts'' in its place;
0
r. In paragraph (e)(2)(viii)(A):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
regulations'' and adding ``Agency regulations'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
reserves'' and adding ``The Agency reserves'' in its place;
0
iv. Removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to the Agency'' in its place;
0
v. Removing ``FmHA or its successor agency under Public Law 103-354
[[Page 9873]]
office'' and adding ``Agency office'' in its place; and
0
vi. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by the Agency'' in its place;
0
s. In paragraph (e)(2)(viii)(B):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
must'' and adding ``the Agency must'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
iii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by the Agency'' in its place;
0
t. In paragraph (e)(2)(viii)(D):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Agency office'' in its place; and
0
u. In paragraph (e)(2)(ix):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
District'' and adding ``Agency District'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
iii. Removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to the Agency'' in its place;
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
Representative'' and adding ``Agency Representative'' in its place; and
0
v. Removing ``FmHA or its successor agency under Public Law 103-354
does not'' and adding ``the Agency does not'' in its place.
Exhibit B to Subpart A [Amended]
0
111. Amend Exhibit B to Subpart A of Part 1924 by:
0
a. In the introductory text:
0
i. Removing ``of FmHA or its successor agency under Public Law 103-
354'' and adding ``of the Agency'' in its place;
0
ii. Removing ``Farmers Home Administration (FmHA) or its successor
agency under Public Law 103-354'' and adding ``Agency'' in its place;
and
0
iii. Removing ``an FmHA or its successor agency under Public Law 103-
354'' and adding ``an Agency'' in its place;
0
b. In paragraph I.B, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
c. In paragraph III.B:
0
i. Removing ``an FmHA or its successor agency under Public Law 103-
354'' and adding ``an Agency'' in its place;
0
ii. Removing ``local FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``local Agency'' in its place; and
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
d. In paragraph IV, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``the Agency'' in its place;
0
e. In paragraph V introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Agency'' in its place;
0
f. In paragraph V.D introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``the Agency'' in its
place;
0
g. In paragraph V.E, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
h. In paragraph V.H, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
i. In paragraph V.J, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
j. In paragraph VI.A introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Agency'' in
its place;
0
k. In paragraph VI.A.3, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
l. In paragraph VII.C introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Agency'' in
its place;
0
m. In paragraph IX, removing ``FmHA or its successor agency under
Public Law 103-354 will'' and adding ``The Agency will'' in its place
and removing ``of the FmHA or its successor agency under Public Law
103-354'' and adding ``of the Agency'' in its place;
0
n. In paragraph X.B, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
o. In paragraph X.C, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
p. In Attachment 1 to Exhibit B by:
0
i. In the introductory text, removing ``Farmers Home Administration
(FmHA) or its successor agency under Public Law 103-354'' and adding
``Agency'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Agency'' in its place;
0
ii. In paragraph A.10, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place; and
0
iii. In paragraph B.4(c), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``U.S. Department of Agriculture,'' in
its place;
0
q. In Attachment 2 to Exhibit B by:
0
i. In the second introductory paragraph, removing ``Farmers Home
Administration (FmHA) or its successor agency under Public Law 103-
354'' and adding ``Agency'' in its place;
0
ii. In paragraph 2, removing ``by FmHA or its successor agency under
Public Law 103-354'' and adding ``by the Agency'' in its place;
0
iii. In paragraph 3, removing ``local FmHA or its successor agency
under Public Law 103-354'' and adding ``local Agency'' in its place;
0
iv. In paragraph 3, removing ``FmHA or its successor agency under
Public Law 103-354 Instruction'' and adding ``RD Instruction'' in its
place;
0
v. In paragraph 3, removing ``FmHA or its successor agency under Public
Law 103-354 Thermal'' and adding ``Agency Thermal'' in its place;
0
vi. In paragraph 6 and the second undesginated concluding paragraph,
removing ``FmHA or its successor agency under Public Law 103-354
personnel'' and adding ``RD personnel'' in its place;
0
vii. In paragraph 6, removing ``FmHA or its successor agency under
Public Law 103-354 State'' and adding ``Agency State'' in its place;
and
0
viii. In paragraph 6, removing ``FmHA or its successor agency under
Public Law 103-354 inspection'' and adding ``RD inspection'' in its
place; and
0
r. In Attachment 5 to Exhibit B by removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding
``Agency'' in its place.
Exhibit C to Subpart A [Amended]
0
112. Amend Exhibit C to Subpart A of Part 1924 by:
0
a. In paragraphs II.A introductory text and V.B introductory text,
removing ``any FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``any Agency'' in its place;
0
b. In paragraphs IV introductory text and IV.A introductory text,
removing
[[Page 9874]]
``Form FmHA or its successor agency under Public Law 103-354'' wherever
it occurs and adding ``Form RD'' in its place; and
0
c. In paragraph IV.A.1, removing ``FmHA or its successor agency under
Public Law 103-354 form'' and adding ``RD form'' in its place.
Exhibit D to Subpart A [Amended]
0
113. Amend Exhibit D to Subpart A of Part 1924 by removing ``FmHA or
its successor agency under Public Law 103-354'' wherever it occurs and
adding ``Agency'' in its place in the following places:
0
a. Paragraph IV.A;
0
b. Paragraph IV.C.1.a;
0
c. Paragraph IV.C.1.b;
0
d. Paragraph IV.C.2.b; and
0
e. Paragraph V.A.
Exhibit H to Subpart A [Amended]
0
114. Amend Exhibit H to Subpart A of Part 1924 by:
0
a. In paragraph II, removing ``Farmers Home Administration (FmHA) or
its successor agency under Public Law 103-354'' and adding ``Agency''
in its place;
0
b. In paragraph IV.B, removing ``FmHA or its successor agency under
Public Law 103-354 requires'' and adding ``the Agency requires'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354 County'' and adding ``Agency County'' in its place;
0
c. In paragraph IV.C, removing ``FmHA or its successor agency under
Public Law 103-354 requires'' and adding ``the Agency requires'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354 County'' and adding ``Agency County'' in its place;
0
d. In paragraph IV.D, removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Agency'' in its
place; and
0
e. In paragraph IV.E, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place.
Exhibit I to Subpart A [Amended]
0
115. Amend Exhibit I to Subpart A of Part 1924 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``the Agency'' in its place in the
following places:
0
i. Paragraph 300-3; and
0
ii. Paragraph 302-2.5; and
0
b. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Agency'' in its place in the following
places:
0
i. Paragraph 302-2.3;
0
ii Paragraph 303-1.
Exhibit J to Subpart A [Amended]
0
116. Amend Exhibit J to Subpart A of Part 1924, Part A by:
0
a. In Section I:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
field'' and adding ``Agency field'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
housing'' and adding ``Agency housing'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
may'' and adding ``The Agency may'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``The Agency will'' in its place;
0
b. In Section II introductory text by:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
has'' and adding ``The Agency has'' in its place;
0
ii. Removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to the Agency'' in its place; and
0
iii. Removing ``of FmHA or its successor agency under Public Law 103-
354'' and adding ``of Agency'' in its place;
0
c. In Section II.B:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
field'' and adding ``Agency field'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
loan'' and adding ``Agency loan'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354/
MPS'' and adding ``Agency/MPS'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354 in
that'' and adding ``the Agency in that'' in its place;
0
d. In Section III:
0
i. In the definition of `Manufactured Home'' removing ``FmHA or its
successor agency under Public Law 103-354's'' and adding ``the
Agency's'' in its place; and
0
ii. In the definition of `Permanent Perimeter Enclosure' removing
``FmHA or its successor agency under Public Law 103-354 adopted'' and
adding ``Agency adopted'' in its place;
0
e. In Section IV, removing ``FmHA or its successor agency under Public
Law 103-354'' and adding ``the Agency'' in its place;
0
f. In Section V:
0
i. In the introductory text, removing ``by FmHA or its successor agency
under Public Law 103-354'' and adding ``by the Agency'' in its place;
0
ii. In Section V.2, removing ``by FmHA or its successor agency under
Public Law 103-354'' and adding ``by the Agency'' in its place and
removing ``to FmHA or its successor agency under Public Law 103-354''
and adding ``to the Agency'' in its place; and
0
iii. In Section V.2.B introductory text, removing ``by FmHA or its
successor agency under Public Law 103-354'' and adding ``by the
Agency'' in its place and removing ``FmHA or its successor agency under
Public Law 103-354 regulations'' and adding ``Agency regulations'' in
its place;
Exhibit J to Subpart A [Amended]
0
117. Amend Exhibit J to Subpart A of Part 1924, Part B by:
0
a. In Section I.C removing ``FmHA or its successor agency under Public
Law 103-354's'' and adding ``the Agency's'' in its place;
0
b. In Section I.I, removing ``FmHA or its successor agency under Public
Law 103-354'' and adding ``Agency'' in its place;
0
c. In Section II.A introductory text, removing ``FmHA or its successor
agency under Public Law 103-354/MPS'' and adding ``Agency/MPS'' in its
place and removing ``to FmHA or its successor agency under Public Law
103-354'' and adding ``to the Agency'' in its place;
0
d. In Section II.A.1, removing ``FmHA or its successor agency under
Public Law 103-354/MPS'' and adding ``Agency/MPS'' in its place and
removing ``to FmHA or its successor agency under Public Law 103-354''
and adding ``to the Agency'' in its place;
0
e. In Section II.A.2, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
f. In Section II.A.4, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
g. In Section II.A.6, removing ``FmHA or its successor agency under
Public Law 103-354 adopted'' and adding ``Agency adopted'' in its place
and removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to the Agency'' in its place;
0
h. In Section II.A.8, removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``the Agency's'' in its place;
0
i. In Section II.C.1, removing ``FmHA or its successor agency under
Public Law 103-354/MPS'' wherever it occurs and adding ``Agency/MPS''
in its place;
0
j. In Section II.C.2, removing ``FmHA or its successor agency under
Public
[[Page 9875]]
Law 103-354/MPS'' and adding ``Agency/MPS'' in its place;
0
k. In Section III.A, removing ``FmHA or its successor agency under
Public Law 103-354/MPS'' and adding ``Agency/MPS'' in its place;
0
l. In Section III.C, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
m. In Section IV.A.1, removing ``FmHA or its successor agency under
Public Law 103-354/MPS'' and adding ``Agency/MPS'' in its place; and
0
n. In Section IV.C.2, removing ``FmHA or its successor agency under
Public Law 103-354/MPS'' and adding ``Agency/MPS'' in its place and
removing ``by FmHA or its successor agency under Public Law 103-354''
and adding ``by the Agency'' in its place;
Exhibit J to Subpart A [Amended]
0
118. Amend Exhibit J to Subpart A of Part 1924, Part C by:
0
a. In Section I introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``the Agency'' in its
place;
0
b. In Section I.B, removing ``FmHA or its successor agency under Public
Law 103-354'' wherever it occurs and adding ``Agency'' in its place;
0
c. In Section I.C:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
County'' and adding ``Agency County'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354/
MPS'' and adding ``Agency/MPS'' in its place; and
0
iii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by the Agency'' in its place; and
0
d. In Section V.A, removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place.
Exhibit J to Subpart A [Amended]
0
119. Amend Exhibit J to Subpart A of Part 1924, Part D, Inspection of
Development Works, Section II.D by removing ``FmHA or its successor
agency under Public Law 103-354's'' and adding ``the Agency's'' in its
place.
Exhibit K to Subpart A [Amended]
0
120. Amend Exhibit K to Subpart A of Part 1924 by:
0
a. In Section I, removing ``FmHA or its successor agency under Public
Law 103-354'' and adding ``the Agency'' in its place;
0
b. In Section II, removing ``FmHA or its successor agency under Public
Law 103-354's'' wherever it occurs and adding ``the Agency's'' in its
place and removing ``between FmHA or its successor agency under Public
Law 103-354'' and adding ``between the Agency'' in its place; and
0
c. In Section III, removing ``FmHA or its successor agency under Public
Law 103-354'' and adding ``the Agency'' in its place.
Exhibit L to Subpart A [Amended]
0
121. Amend Exhibit L to Subpart A of Part 1924 by:
0
a. In Section I introductory text, removing ``Farmers Home
Administration (FmHA) or its successor agency under Public Law 103-
354'' and adding ``the Agency'' in its place;
0
b. In Section I.A, removing ``FmHA or its successor agency under Public
Law 103-354'' and adding ``the Agency'' in its place;
0
c. In Section I.B, removing ``FmHA or its successor agency under Public
Law 103-354'' and adding ``the Agency'' in its place;
0
d. In Section I.C, removing ``FmHA or its successor agency under Public
Law 103-354'' and adding ``the Agency'' in its place;
0
e. In Section II.B, removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``the Agency'' in
its place;
0
f. In Section III.E, removing ``if FmHA or its successor agency under
Public Law 103-354'' and adding ``if the Agency'' in its place and
removing ``FmHA or its successor agency under Public Law 103-354
inspections'' wherever it occurs and adding ``Agency inspections'' in
its place;
0
g. In Section IV.A(6), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
h. In Section IV.B(1), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
i. In Section IV.B(2), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place; and
0
j. In Attachment 1, removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``the Agency'' in its place.
Subpart C--Planning and Performing Site Development Work
Sec. Sec. 1924.103 and 1924.119 [Amended]
0
122. Amend Sec. Sec. 1924.103 and 1924.119 by removing ``FmHA'' and
adding ``RD'' in its place and by removing ``(available in any RHS
field office)'' wherever it occurs.
Subpart F--Complaints and Compensation for Construction Defects
Sec. 1924.251 [Amended]
0
123. Amend Sec. 1924.251 by removing ``Farmers Home Administration
(FmHA) or its successor agency under Public Law 103-354'' and adding
``Rural Development'' in its place.
Sec. Sec. 1924.252, 1924.253, 1924.258, 1924.260, 1924.261, 1924.262,
1924.265, 1924.266, 1924.274, and 1924.276 [Amended]
0
124. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and add ``Rural Development'' in its place in the
following places:
0
a. Section 1924.252;
0
b. Section 1924.253;
0
c. Section 1924.258;
0
d. Section 1924.260;
0
e. Section 1924.261;
0
f. Section 1924.262;
0
g. Section 1924.265;
0
h. Section 1924.266;
0
i. Section 1924.274; and
0
j. Section 1924.276.
Sec. 1924.259 [Amended]
0
125. Amend Sec. 1924.259 by:
0
a. In paragraph (a), removing ``a format specified by FmHA or its
successor agency under Public Law 103-354 (available in any FmHA or its
successor agency under Public Law 103-354 office)'' and adding ``a
Rural Development approved format'' in its place and removing ``FmHA or
its successor agency under Public Law 103-354 will'' and adding ``Rural
Development will'' in its place;
0
b. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354 using a format specified by FmHA or its successor
agency under Public Law 103-354 (available in any FmHA or its successor
agency under Public Law 103-354 office)'' and adding ``Rural
Development using a Rural Development approved format'' in its place;
0
c. In paragraphs (c), (d), and (e) introductory text, removing ``FmHA
or its successor agency under Public Law 103-354'' wherever it occurs
and adding ``Rural Development'' in its place;
0
d. In paragraph (e)(2) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354's findings'' and adding ``the
findings'' in its place; and
0
e. In paragraphs (e)(2)(i), (e)(2)(ii), (e)(3), and (e)(4), removing
``FmHA or its successor agency under Public Law 103-354'' wherever it
occurs and adding ``Rural Development'' in its place.
[[Page 9876]]
Sec. 1924.271 [Amended]
0
126. Amend Sec. 1924.271 by removing ``to FmHA or its successor agency
under Public Law 103-354'' and adding ``to Rural Development'' in its
place and by removing ``(available in any FmHA or its successor agency
under Public Law 103-354 office)''.
Sec. 1924.273 [Amended]
0
127. Amend Sec. 1924.273 by removing ``(available in any FmHA or its
successor agency under Public Law 103-354 office)''.
PART 1925--TAXES
0
128. The authority citation for part 1925 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart C--Planning and Performing Site Development Work
Sec. 1925.2 [Amended]
0
129. Amend Sec. 1925.2 by removing ``Farmers Home Administration
(FmHA) or its successor agency under Public Law 103-354'' and adding
``Agency'' in its place.
Sec. 1925.3 [Amended]
0
130. Amend Sec. 1925.3(c) by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1925.4 [Amended]
0
131. Amend Sec. 1925.4 by:
0
a. In paragraph (a), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Agency'' in its
place; and
0
b. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place.
PART 1927--TITLE CLEARANCE AND LOAN CLOSING
0
132. The authority citation for part 1927 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart B--Real Estate Title Clearance and Loan Closing
Sec. 1927.52 [Amended]
0
133. Amend Sec. 1927.52 by removing the definition of ``FSA'' and
revising the definitions of ``Agency'', ``National Office'', ``RHS'',
and ``State Office'' to read as follows:
Sec. 1927.52 Definitions.
Agency. The Rural Housing Service (RHS) or its successor agency.
* * * * *
National Office. The National Headquarters Office of RHS.
* * * * *
RHS. The Rural Housing Service, an agency of the United States
Department of Agriculture, or its successor agency.
* * * * *
State Office. This term refers to the Rural Development State
Director.
* * * * *
PART 1940--GENERAL
0
134. The authority citation for part 1940 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and 42 U.S.C. 1480.
Subpart I--Truth in Lending-Real Estate Settlement Procedures
Sec. 1940.401 [Amended]
0
135. Amend Sec. 1940.401 by:
0
a. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place; and
0
b. In paragraph (d)(4)(iii), removing ``by FmHA or its successor agency
under Public Law 103-354 to the FmHA or its successor agency under
Public Law 103-354 County Office'' and adding ``by Rural Development to
the Rural Development County Office'' in its place.
Sec. 1940.406 [Amended]
0
136. Amend Sec. 1940.406 by removing ``Form FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``Form
RD'' in its place.
Subpart L--Methodology and Formulas for Allocation of Loan and
Grant Program Funds
Sec. 1940.551 [Amended]
0
137. Amend Sec. 1940.551 by:
0
a. In paragraph (a), removing ``Administrator of the Farmers Home
Administration (FmHA) or its successor agency under Public Law 103-
354'' and adding ``Administrator for the Rural Business-Cooperative
Service or the Administrator for the Rural Housing Service, as
applicable,'' in its place; and
0
b. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
Sec. Sec. 1940.552, 1940.557, 1940.578, and 1940.585 [Amended]
0
138. Amend Sec. Sec. 1940.552(e), 1940.577(b)(2), 1940.578(k), and
1940.585(g) by removing ``FmHA or its successor agency under Public Law
103-354'' wherever it occurs and adding ``Rural Development'' in its
place.
0
139. Revise Sec. 1940.560(b)(3) to read as follows:
Sec. 1940.560 Guaranteed Rural Rental Housing Program.
* * * * *
(b) * * *
(3) State's percentage of National average cost per unit. The data
source for the criterion specified in paragraph (b)(1) of this section
is the most recent decennial Census of the United States (decennial
Census). The data source for the criterion specified in paragraph
(b)(2) of this section is 5-year income data from the American
Community Survey (ACS) or, if needed, other Census Bureau data. The
data source for the criterion specified in paragraph (b)(3) of this
section is the cost per unit data using the applicable maximum per unit
dollar amount limitations under section 207(c) of the National Housing
Act, which can be obtained from the Department of Housing and Urban
Development. The percentage representing each criterion is multiplied
by the weight assigned and totaled to arrive at a State factor.
State Factor = (criterion No. 1 x weight of 40%) + (criterion No. 1
x weight of 40%) + (criterion No. 1 x weight of 20%)
* * * * *
0
140. In Sec. 1940.563, revise paragraph (b)(4) and add paragraph
(b)(5) to read as follows:
Sec. 1940.563 Section 502 non-subsidized guaranteed Rural Housing
(RH) loans.
* * * * *
(b) * * *
(4) State's percentage of the national number of rural renter
households paying more than 35 percent of income for rent. The data
source for each criterion is specified in paragraph (b)(5) of this
section. Each criterion is assigned a specific weight according to its
relevance in determining need. The percentage representing each
criterion is multiplied by the weight factor and summed to arrive at a
basic State factor (SF) as follows:
SF = (criterion 1 x weight of 30%) + (criterion 2 x weight of 10%)
+ (criterion 3 x weight of 30%) + (criterion 4 x weight of 30%)
(5) The data source for the criteria specified in paragraphs (b)(1)
and (b)(2) of this section is the most recent decennial Census. The
data source for the criteria specified in paragraph (b)(3) and (b)(4)
of this section is 5-year income data from the American
[[Page 9877]]
Community Survey (ACS) or, if needed, other Census Bureau data.
* * * * *
0
141. In Sec. 1940.564, revise paragraph (b)(4) and add paragraph
(b)(5) to read as follows:
Sec. 1940.564 Section 502 subsidized guaranteed Rural Housing loans.
* * * * *
(b) * * *
(4) State's percentage of the national number of rural renter
households paying more than 35 percent of income for rent. The data
source for each criterion is specified in paragraph (b)(5) of this
section. Each criterion is assigned a specific weight according to its
relevance in determining need. The percentage representing each
criterion is multiplied by the weight factor and summed to arrive at a
basic State factor (SF) as follows:
SF = (criterion 1 x weight of 30%) + (criterion 2 x weight of 10%)
+ (criterion 3 x weight of 30%) + (criterion 4 x weight of 30%)
(5) The data source for the criteria specified in paragraphs
(b)(1), (b)(2), and (b)(4) of this section is the most recent decennial
Census. The data source for the criterion specified in paragraph (b)(3)
of this section is 5-year income data from the American Community
Survey (ACS) or, if needed, other Census Bureau data.
* * * * *
0
142. Revise Sec. 1940.566(b)(2) to read as follows:
Sec. 1940.566 Section 504 Housing Repair loans.
* * * * *
(b) * * *
(2) State's percentage of the National number of rural households
below 50 percent of area median income. The data source for the first
criterion is the most recent decennial Census data. The data source for
the second criterion is 5-year income data from the American Community
Survey (ACS) or, if needed, other Census Bureau data. Each criterion is
assigned a specific weight according to its relevance in determining
need. The percentage representing each criterion is multiplied by the
weight factor and summed to arrive at a basic State factor (SF).
SF = (criterion No. 1 x weight of 50%) + (criterion No. 2 x weight
of 50%)
* * * * *
0
143. Revise Sec. 1940.567(b)(3) to read as follows:
Sec. 1940.567 Section 504 Housing Repair grants.
* * * * *
(b) * * *
(3) State's percentage of the National number of rural households
below 50 percent of area median income. The data source for the first
two of these criteria is the most recent decennial Census data. The
data source for the third criterion is the 5-year data from the
American Community Survey (ACS) or, if needed, other Census Bureau
data. Each criterion is assigned a specific weight according to its
relevance in determining need. The percentage representing each
criterion is multiplied by the weight factor and summed to arrive at a
basic State factor (SF).
SF = (criterion No. 1 x weight of 33 1/3%) + (criterion No. 2 x
weight of 33 1/3%) + (criterion No. 3 x weight of 33 1/3%)
* * * * *
0
144. Revise Sec. 1940.575(b)(3) to read as follows:
Sec. 1940.575 Section 515 Rural Rental Housing (RRH) loans.
* * * * *
(b) * * *
(3) State's percentage of National rural families with incomes
below the poverty level. The data source for the first two of these
criterion is the most recent decennial Census data. The data source for
the third criterion is the 5-year data from the American Community
Survey (ACS) or, if needed, other Census Bureau data. Each criterion is
assigned a specific weight according to its relevance in determining
need. The percentage representing each criterion is multiplied by the
weight assigned and summed to arrive at a State factor (SF).
SF = (criterion No. 1 x weight of 33 1/3%) + (criterion No. 2 x
weight of 33 1/3%) + (criterion No. 3 x weight of 33 1/3%)
* * * * *
0
145. Revise Sec. 1940.585(b)(2) to read as follows:
Sec. 1940.585 Community Facility loans.
* * * * *
(b) * * *
(2) The data source for the first criterion is the most recent
decennial Census data. The data source for the second criterion is the
5-year data from the American Community Survey (ACS) or, if needed,
other Census Bureau data. The data source for the third criterion is
the most recent Bureau of Labor Statistics data. Each criterion is
assigned a specific weight according to its relevance in determining
need. The percentage representing each criterion is multiplied by the
weight factor and summed to arrive at a State factor (SF). The SF
cannot exceed 0.05.
SF = (criterion (b)(1)(i) x 50 percent) + (criterion (b)(1)(ii) x
25 percent) + (criterion (b)(1)(iii) x 25 percent)
* * * * *
0
146. Amend Sec. 1940.591 by:
0
a. Revising paragraph (b)(2); and
0
b. In paragraph (g), removing ``(available in any FmHA or its successor
agency under Public Law 103-354 office).''
The revision reads as follows:
Sec. 1940.591 Community Program Guaranteed loans.
* * * * *
(b) * * *
(2) The data source for the first criterion is the most recent
decennial Census data. The data source for the second criterion is the
5-year data from the American Community Survey (ACS) or, if needed,
other Census Bureau data. The data source for the third criterion is
the most recent Bureau of Labor Statistics data. Each criterion is
assigned a specific weight according to its relevance in determining
need. The percentage representing each criterion is multiplied by the
weight factor and summed to arrive at a State factor (SF). The SF
cannot exceed 0.05.
SF = (criterion (b)(1)(i) x 50 percent) + (criterion (b)(1)(ii) x
25 percent) + (criterion (b)(1)(iii) x 25 percent)
* * * * *
0
147. Revise Sec. 1940.592(b)(2) to read as follows:
Sec. 1940.592 Community facilities grants.
* * * * *
(b) * * *
(2) The data source for the first criterion is the most recent
decennial Census data. The data source for the second criterion is the
5-year data from the American Community Survey (ACS) or, if needed,
other Census Bureau data. Each criterion is assigned a specific weight
according to its relevance in determining need. The percentage
representing each criterion is multiplied by the weight factor and
summed to arrive at a State factor (SF).
SF (criterion (b)(1)(i) x 50 percent) + (criterion (b)(1)(ii) x 50
percent)
* * * * *
Subpart T--System for Delivery of Certain Rural Development
Programs
Sec. 1940.951 [Amended]
0
148. Amend Sec. 1940.951 by:
0
a. In the introductory text, removing ``Farmers Home Administration
(FmHA) or its successor agency under Public Law 103-354'' and adding
``Rural Development'' in its place; and
0
b. In paragraph (d), removing ``FmHA or its successor agency under
Public
[[Page 9878]]
Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1940.953 [Amended]
0
149. Amend Sec. 1940.953 by:
0
a. In the definition of `Administrator', removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Business--Cooperative Service, Rural Housing Service, or Rural
Utilities Service'' in its place; and
0
b. In the defintion of `State Director', removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place.
Sec. Sec. 1940.956, 1940.957, 1940.960, and 1940.969 [Amended]
0
150. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and add ``Rural Development'' in its place in the
following places:
0
a. Section 1940.956;
0
b. Section 1940.957(d);
0
c. Section 1940.960(a); and
0
d. Section 1940.969.
Sec. 1940.961 [Amended]
0
151. Amend Sec. 1940.961 by:
0
a. In paragraph (a)(1), removing ``FmHA Instruction'' and adding ``RD
Instruction'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 State'' and adding ``RD State'' in its place;
0
b. In paragraph (a)(2), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place; and
0
c. In paragraph (d)(1), removing ``FmHA Instruction'' and adding ``RD
Instruction'' in its place.
Sec. 1940.965 [Amended]
0
152. Amend Sec. 1940.965 by removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
Sec. 1940.968 [Amended]
0
153. Amend Sec. 1940.968 by:
0
a. In paragraph (a), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``Rural Development's'' in its place;
0
b. In paragraphs (c) and (d), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place;
0
c. In paragraph (h)(4), removing ``FmHA Instruction'' and adding ``RD
Instruction'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 office'' and adding ``Rural Development
office'' in its place;
0
d. In paragraph (i)(2)(vii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place;
0
e. In paragraph (i)(3)(i), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place;
0
f. In paragraph (i)(3)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place;
0
g. In paragraph (i)(3)(iii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place;
0
h. In paragraph (i)(3)(iv), removing ``FmHA Instruction'' and adding
``RD Instruction'' in its place and removing ``FmHA or its successor
agency under Public Law 103-354 office'' and adding ``Rural Development
office'' in its place;
0
i. In paragraph (j)(2):
0
i. Removing ``Exhibit A (available from any FmHA or its successor
agency under Public Law 103-354RD State Office), shall be attached to
and become a permanent part of Form FmHA or its successor agency under
Public Law 103-354 1940-A and the following paragraphs will appear in
the comment section of that form:'' and adding ``Exhibit A of this
subpart (available from any Rural Development State Office) shall be
attached to and become a permanent part of Form RD 1940-1 and the
following paragraphs will appear in the comment section of that form:''
in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354 7
CFR part 1940'' and adding ``7 CFR part 1940'' in its place; and
0
iii. Removing ``approved by FmHA or its successor agency under Public
Law 103-354'' and adding ``approved by Rural Development'' in its
place;
0
j. In paragraph (j)(4), removing ``Form FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Form RD'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 will retain'' and adding ``Rural Development will retain'' in
its place;
0
k. In paragraph (j)(6), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place; and
0
l. In paragraphs (j)(7) and (l), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place.
PART 1942--ASSOCIATIONS
0
154. The authority citation for part 1942 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
Subpart A--Community Facility Loan
Sec. 1942.1 [Amended]
0
155. Amend Sec. 1942.1 by:
0
a. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``Agency's'' in its place;
0
b. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place; and
0
c. In pragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Agency'' in its
place.
Sec. 1942.2 [Amended]
0
156. Amend Sec. 1942.2:
0
a. In paragraph (a)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``RD's'' in its
place;
0
b. In paragraph (a)(2)(iv), removing ``by FmHA or its successor agency
under Public Law 103-354'' and adding ``by RD'' in its place;
0
c. In paragraph (a)(3), removing ``FmHA or its successor agency under
Public Law 103-354 funding'' and adding ``Agency funding'' in its place
and removing ``FmHA or its successor agency under Public Law 103-354
will issue'' and adding ``the Agency will issue'' in its place;
0
d. In paragraph (a)(4), removing ``FmHA or its successor agency under
Public Law 103-354'' and ``Farmers Home Administration (FmHA) or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in their place;
0
e. In paragraph (c)(3), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``RD'' in its place;
and
0
f. In paragraphs (d) and (e), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
Sec. 1942.3 [Amended]
0
157. Amend Sec. 1942.3 by:
0
a. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
b. Removing ``422-10'' and adding ``442-10'' in its place; and
0
c. Removing ``by the FmHA or its successor agency under Public Law 103-
354'' and adding ``by the RD'' in its place.
Sec. 1942.5 [Amended]
0
158. Amend Sec. 1942.5 by:
0
a. In paragraph (a) introductory text, removing ``Ordinarily FmHA or
its
[[Page 9879]]
successor agency under Public Law 103-354'' and adding ``The Rural
Development'' in its place and removing ``by the FmHA or its successor
agency under Public Law 103-354'' and adding ``by the Rural
Development'' in its place;
0
b. In paragraph (a)(1)(i), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``RD'' in its
place and removing ``(Public Resolution)'' and adding ``(Public
Bodies)'' in its place;
0
c. In paragraph (a)(1)(ii):
0
i. Removing ``approved by FmHA or its successor agency under Public Law
103-354 by written'' and adding ``approved by written'' in its place;
0
ii. Removing ``approved by FmHA or its successor agency under Public
Law 103-354 shall'' and adding ``approved by RD shall'' in its place;
0
iii. Removing ``If FmHA or its successor agency under Public Law 103-
354 makes the loan'' and adding ``If (insert agency name) makes the
loan'' in its place;
0
iv. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
v. Removing ``submitted to FmHA or its successor agency under Public
Law 103-354'' and adding ``submitted to RD'' in its place; and
0
vi. Removing ``FmHA or its successor agency under Public Law 103-354
reserves'' and adding ``Rural Development reserves'' in its place;
0
d. In paragraphs (b)(1)(ii)(E) and (c)(2), removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``RD'' in its
place;
0
e. In paragraph (d) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354 office'' and adding ``Rural Development
office'' in its place and removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place;
0
f. In paragraphs (d)(1) and (d)(2), removing ``Form FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``Form RD'' in its place;
0
g. In paragraph (d)(3), removing ``FmHA or its successor agency under
Public Law 103-354 Field Office terminal'' and adding ``automated
terminal'' in its place and removing ``Form FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``Form
RD'' in its place;
0
h. In paragraph (d)(5):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
Field'' and adding ``Rural Development Field'' in its place;
0
ii. Removing ``the Legislative Affairs and Public Information Staff in
the National Office'' and adding ``the Legislative and Public Affairs
Staff in the Rural Development National Office'' in its place; and
0
iii. Removing ``FmHA Instruction'' and adding ``RD Instruction'' in its
place;
0
i. In paragraph (d)(6), removing ``Form FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Form RD'' in
its place;
0
j. In paragraph (d)(7) introductory text, removing ``Form FmHA or its
successor agency under Public Law 103-354'' and adding ``Form RD'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 Field'' and adding ``Rural Development Field'' in its place;
and
0
k. In paragraph (d)(7)(iii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
Sec. 1942.6 [Amended]
0
159. Amend Sec. 1942.6 by removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
Sec. 1942.8 [Amended]
0
160. Amend Sec. 1942.8:
0
a. In paragraph (d), removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place;
0
b. In paragraph (g), removing ``review of FmHA or its successor agency
under Public Law 103-354's'' and adding ``review of Rural
Developments's'' in its place; and
0
c. In paragraph (h), removing ``FmHA or its successor agency under
Public Law 103-354 personnel'' and adding ``Rural Development
personnel'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 Instruction'' and adding ``RD Instruction'' in
its place.
Sec. 1942.16 [Amended]
0
161. Amend Sec. 1942.16 introductory text by removing ``FmHA
Instruction'' and adding ``RD Instruction'' in its place and removing
``FmHA or its successor agency under Public Law 103-354 office'' and
adding ``Rural Development office'' in its place.
Sec. 1942.17 [Amended]
0
162. Amend Sec. 1942.17 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
and adding ``Rural Development'' in its place wherever it occurs in the
following places:
0
i. Paragraph (a);
0
ii. Paragraphs (b)(2)(i), (b)(3), and (b)(4);
0
iii. Paragraphs (c)(1), (c)(2) introductory text, and (c)(2)(iv)
introductory text;
0
iv. Paragraphs (d)(1)(iv)(B), (d)(1)(iv)(G) introductory text,
(d)(1)(iv)(G)(2)(ii), (d)(1)(v) introductory text, (d)(1)(v)(C), and
(d)(1)(v)(D);
0
v. Paragraphs (e)(1) introductory text, (e)(1)(ii), and (e)(4);
0
vi. Paragraph (f)(6);
0
vii. Paragraph (f)(7) introductory text and (f)(7)(i)(D);
0
viii. Paragraph (g) introductory text;
0
ix. Paragraphs (h) introductory text, (h)(1)(ii)(B), (h)(2)(ii)(A)(2),
(h)(2)(ii)(B), (h)(2)(iii) introductory text, (h)(2)(iii)(C), and
(h)(3) introductory text;
0
x. Paragraphs (j)(3)(i)(A) through (D), (j)(3)(ii)(A), (j)(4)
introductory text, (j)(4)(iii)(C), (j)(5), (j)(7), (j)(9), (j)(10)(ii),
(j)(10)(iv), and (j)(11);
0
xi. Paragraphs (k) introductory text, (k)(1)(iv), (k)(4), and (k)(5);
0
xii. Paragraphs (m)(3) through (m)(6);
0
xiii. Paragraphs (n)(1), (n)(2)(xiii), (n)(3)(ii), and (n)(6);
0
xiv. Paragraph (o)(3);
0
xv. Paragraphs (p)(2) introductory text, (p)(2)(iii), and (p)(3)(i)
through (iii);
0
b. Revising paragraphs (b)(1)(i)(A), (b)(1)(i)(B), (b)(2)(iii), and
(b)(2)(iv);
0
c. In paragraph (b)(5), removing in the paragraph heading ``FmHA or its
successor agency under Public Law 103-354''; and removing ``FmHA or its
successor agency under Public Law 103-354 shall'' and adding ``The
Government shall'' in its place;
0
d. In paragraph (c)(2)(iii)(E), removing ``FmHA or its successor agency
under Public Law 103-354 funds'' and adding ``Rural Devleopment funds''
in its place and removing ``between FmHA or its successor agency under
Public Law 103-354's'' and adding ``between Rural Development's'' in
its place;
0
e. In paragraph (d)(1)(v)(E):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
may'' and adding ``Rural Development may'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354's
authorization'' and adding ``Rural Development's authorization'' in its
place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
authorization'' and adding ``Rural Development authorization'' in its
place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
approval'' and adding ``Rural Development approval'' in its place;
[[Page 9880]]
0
f. In paragraph (f)(5), removing ``FmHA Instruction'' and adding ``RD
Instruction'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 office'' and adding ``Rural Development
office'' in its place;
0
g. In paragraph (f)(6), revising the third, fourth, and fifth
sentences;
0
h. In paragraphs (g)(1) introductory text and (g)(1)(i), removing
``FmHA or its successor agency under Public Law 103-354'' wherever it
occurs and adding ``the United States'' in its place;
0
i. In paragraph (g)(1)(ii) introductory text:
0
i. Removing ``acceptable to FmHA or its successor agency under Public
Law 103-354'' and adding ``acceptable to the United States'' in its
place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
portion'' and adding ``United States portion'' in its place;
0
iii. Removing ``include FmHA or its successor agency under Public Law
103-354'' and adding ``include United States'' in its place;
0
iv. Removing ``the FmHA or its successor agency under Public Law 103-
354 State Director'' and adding ``the State Director'' in its place;
and
0
v. Removing ``FmHA or its successor agency under Public Law 103-354
must'' and adding ``The United States must'' in its place;
0
j. In paragraph (g)(1)(iv), removing ``FmHA or its successor agency
under Public Law 103-354'';
0
k. In paragraph (g)(2)(iii)(A)(7):
0
i. Removing ``Farmers Home Adminstration or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
ii. Removing ``FmHA Instruction'' and adding ``RD Instruction'' in its
place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place;
0
l. In paragraph (g)(3)(i) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place;
0
m. In paragraphs (g)(3)(i)(B) and (D), removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``the
United States'' in its place;
0
n. In paragraph (g)(3)(iii)(A)(3):
0
i. Removing ``Farmers Home Adminstration or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
ii. Removing ``FmHA Instruction'' and adding ``RD Instruction'' in its
place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place;
0
o. In paragraph (h)(2)(i)(B)(2), removing ``the Farmers Home
Administration or its successor agency under Public Law 103-354'' and
adding ``Rural Development'' in its place;
0
p. In paragraph (j)(3) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354's'' and adding ``RD's'' in
its place;
0
q. In paragraph (j)(3)(ii)(B):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
ii. Removing ``acceptable to FmHA or its successor agency under Public
Law 103-354'' and adding ``acceptable to Rural Development'' in its
place; and
0
iii. Removing ``determined by FmHA or its successor agency under Public
Law 103-354'' and adding ``determined by Rural Development'' in its
place;
0
r. Revising paragraph (j)(3)(iii);
0
s. In paragraph (j)(4)(i) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``RD'' in its place;
0
t. In paragraph (j)(4)(i)(A), removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place
and removing ``give FmHA or its successor agency under Public Law 103-
354'' and adding ``give Rural Development'' in its place;
0
u. In paragraph (j)(4)(i)(B) introductory text, removing ``Form FmHA or
its successor agency under Public Law 103-354'' wherever it occurs and
adding ``Form RD'' in its place and removing ``by FmHA or its successor
agency under Public Law 103-354'' and adding ``by Rural Development''
in its place;
0
v. In paragraph (j)(4)(i)(B)(1), removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development's'' in its
place;
0
w. In paragraph (j)(6)(i), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place;
0
x. In paragraph (k)(7), removing ``FmHA or its successor agency under
Public Law 103-354 financial'' and adding ``Agency financial'' in its
place and removing ``The FmHA or its successor agency under Public Law
103-354 State Director'' and adding ``The State Director'' in its
place;
0
y. In paragraph (k)(8), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place;
0
z. In paragraph (l)(1):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
concurrence'' and adding ``Agency concurrence'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354/
EPA'' and adding ``Agency/EPA'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
and EPA'' and adding ``RD and EPA'' in its place;
0
aa. In paragraph (l)(3), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``the Agency'' in its place;
0
bb. In paragraphs (l)(4) and (m)(1), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Agency'' in its place;
0
cc. In paragraph (m)(2):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
will tentatively'' and adding ``RD will tentatively'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
loan'' and adding ``agency loan'' in its place;
0
iii. Removing ``from FmHA or its successor agency under Public Law 103-
354'' and adding ``from Rural Development'' in its place;
0
iv. Removing ``where FmHA or its successor agency under Public Law 103-
354'' and adding ``where Rural Development'' in its place;
0
v. Removing ``FmHA or its successor agency under Public Law 103-354
will notify'' and adding ``Rural Development will notify'' in its
place; and
0
vi. Removing ``FmHA or its successor agency under Public Law 103-354
loans'' and adding ``Rural Development loans'' in its place;
0
dd. In paragraph (n)(2) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``RD'' in its place;
0
ee. In paragraph (n)(2)(vii), removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development's'' in its
place;
0
ff. In paragraph (n)(2)(x), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``RD'' in its
place;
0
gg. In paragraph (n)(3) introductory text:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
funds'' and adding ``Rural Development funds'' in its place;
[[Page 9881]]
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354's
commitment'' and adding ``Rural Development's commitment'' in its
place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
loan'' and adding ``Rural Development loan'' in its place;
0
iv. Removing ``When an FmHA or its successor agency under Public Law
103-354'' and adding ``When a Rural Development'' in its place; and
0
v. Removing ``provide FmHA or its successor agency under Public Law
103-354'' and adding ``provide Rural Development'' in its place;
0
hh. In paragraph (p)(2)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place;
0
ii. In paragraph (p)(4):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
funds'' and adding ``Rural Development funds'' in its place;
0
ii. Removing ``benefit of FmHA or its successor agency under Public Law
103-354'' and adding ``benefit of Rural Development'' in its place; and
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
jj. In paragraph (p)(5), removing ``Form FmHA or its successor agency
under Public Law 103-354 funds'' wherever it occurs and adding ``Form
RD'' in its place and removing ``by FmHA or its successor agency under
Public Law 103-354'' and adding ``by the Agency'' in its place;
0
kk. In paragraph (p)(6)(i)(A):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
loan'' and adding ``agency loan'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
grant'' and adding ``agency grant'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
indebtedness'' and adding ``RD indebtedness'' in its place; and
0
11. In paragraph (p)(6)(i)(B), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``agency'' in
its place.
The revisions read as follows:
Sec. 1942.17 Community facilities.
* * * * *
(b) * * *
(1) * * *
(i) * * *
(A) Loans for water or waste disposal facilities will not be made
to a city or town with a population in excess of 10,000 inhabitants.
The population figure is obtained from the most recent decennial Census
of the United States (decennial Census). If the applicable population
figure cannot be obtained from the most recent decennial Census, RD
will determine the applicable population figure based on available
population data.
(B) Loans for essential community facilities will not be made to a
city or town with a population in excess of 20,000 inhabitants
according to the most recent decennial Census.
* * * * *
(2) * * *
(iii) For water or waste disposal facilities, the terms rural and
rural area will not include any area in any city or town with a
population in excess of 10,000 inhabitants. The population figure is
obtained from the most recent decennial Census. If the applicable
population figure cannot be obtained from the most recent decennial
Census, RD will determine the applicable population figure based on
available population data.
(iv) For essential community facilities, the terms rural and rural
area will not include any area in any city or town with a population in
excess of 20,000 inhabitants. The population figure is obtained from
the most recent decennial Census. If the applicable population figure
cannot be obtained from the most recent decennial Census, RD will
determine the applicable population figure based on available
population data.
* * * * *
(f) * * *
(6) Income determination. * * * The median household income of the
service area and the nonmetropolitan median household income of the
State will be determined from 5-year income data from the American
Community Survey (ACS) or, if needed, other Census Bureau data. If
there is reason to believe that the ACS or other Census Bureau data
does not accurately represent the median household income within the
area to be served, the reasons will be documented and the applicant may
furnish, or Rural Development may obtain, additional information
regarding such median household income data. Information must consist
of reliable data from local, regional, State or Federal sources or from
a survey conducted by a reliable impartial source. * * *
(j) * * *
(3) * * *
(iii) Insurance. The following types of coverage must be maintained
if appropriate for the type of project and entity involved. Insurance
must be in amounts acceptable to the Agency and at least equivalent to
coverage for real property and equipment acquired without Federal
funds.
(A) Property insurance. Fire and extended coverage will normally be
maintained on all structures except as noted in paragraphs
(j)(3)(iii)(A)(1) and (2) of this section. Ordinarily, Rural
Development should be listed as mortgagee on the policy when Rural
Development has a lien on the property. Normally, major items of
equipment or machinery located in the insured structures must also be
covered. Exceptions:
(1) Reservoirs, standpipes, elevated tanks, and other structures
built entirely of noncombustible materials if such structures are not
normally insured.
(2) Subsurface lift stations except for the value of electrical and
pumping equipment therein.
(B) Liability and property damage insurance, including vehicular
coverage.
(C) Malpractice insurance. The need and requirements for
malpractice insurance will be carefully and thoroughly considered in
connection with each health care facility financed.
(D) Flood insurance. Facilities located in special flood- and
mudslide-prone areas must comply with the eligibility and insurance
requirements of subpart B of part 1806 of this chapter (RD Instruction
426.2).
(E) Worker's compensation. The borrower will carry worker's
compensation insurance for employees in accordance with State laws.
* * * * *
Sec. 1942.18 [Amended]
0
163. Amend Sec. 1942.18 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
and adding ``Rural Development'' in its place wherever it occurs in the
following places:
0
i. Paragraph (b);
0
ii. Paragraph (c);
0
iii. Paragraphs (d) introductory text, (d)(4), and (d)(11);
0
iv. Paragraph(e)(2);
0
v. Paragraphs(f)(1) introductory text, (f)(1)(iii)(C), (f)(5), and
(f)(6);
0
vi. Paragraph (g);
0
vii. Paragraph (h);
0
viii. Paragraphs (j)(1) introductory text, (j)(2), and (j)(5)(iv);
0
ix. Paragraph (k)(5);
0
x. Paragraphs (m) introductory text, (m)(1) introductory text, (m)(2),
and (m)(4);
0
xi. Paragraphs (n) introductory text, (n)(5), (n)(6), (n)(8), (n)(9),
and (n)(11); and
0
xii. Paragraphs (o)(2) introductory text, (o)(2)(iii) introductory
text, (o)(2)(iii)(B), (o)(4)(iv), (o)(6), (o)(7)(i)
[[Page 9882]]
introductory text, and (o)(7)(iii) introductory text;
0
b. In paragraph (d)(1) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354's'' and adding ``Rural
Development's'' in its place;
0
c. In paragraph (d)(1)(i):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
offices'' and adding ``Rural Development offices'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354's
eligibility'' and adding ``the Rural Development's eligibility'' in its
place; and
0
iii. Removing ``FmHA Instruction'' and adding ``RD Instruction'' in its
place;
0
d. In paragraph (d)(16), removing ``FmHA or its successor agency under
Public Law 103-354 will'' and adding ``Rural Development will'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354's State'' and adding ``Rural Development's State'' in its place;
0
e. In paragraph (e)(1):
0
i. Removing ``from FmHA or its successor agency under Public Law 103-
354'' and adding ``from Rural Development'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-
354's'' and adding ``Rural Development's'' in its place; and
0
iii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place;
0
f. In paragraph (f) introductory text:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
State'' and adding ``Rural Development State'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
review'' and adding ``Rural Development review'' in its place;
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
loan'' and adding ``Rural Development loan'' in its place; and
0
v. Removing ``pledged to FmHA or its successor agency under Public Law
103-354'' and adding ``pledged to Rural Development'' in its place;
0
g. In paragraphs (f)(1)(iii)(B)(2) and(3), removing ``Form FmHA or its
successor agency under Public Law 103-354'' and adding ``Form RD'' in
its place;
0
h. In paragraph (n)(3):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place; and
0
iii. Removing ``acting through the Farmers Home Administration or its
successor agency under Public Law 103-354'' and adding ``acting through
Rural Development'' in its place;
0
i. In paragraph (o)(1), removing ``where FmHA or its successor agency
under Public Law 103-354'' and adding ``where Rural Development'' in
its place and removing ``Form FmHA or its successor agency under Public
Law 103-354'' wherever it occurs and adding ``Form RD'' in its place;
0
j. In paragraph (o)(3):
0
i. Removing ``made by FmHA or its successor agency under Public Law
103-354'' and adding ``made by Rural Development'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
for acceptance'' wherever it occurs and adding ``Rural Development for
acceptance'' in its place;
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
iv. Removing ``from FmHA or its successor agency under Public Law 103-
354'' and adding ``from Rural Development'' in its place;
0
k. In paragraph (o)(5), removing ``FmHA or its successor agency under
Public Law 103-354 State'' wherever it occurs and adding ``Rural
Development State'' in its place and removing ``Form FmHA or its
successor agency under Public Law 103-354'' and adding ``Form RD'' in
its place;
0
l. In paragraph (o)(7)(i)(C), removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development's'' in its
place; and
0
m. In paragraph (o)(7)(ii), removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place
and removing ``FmHA or its successor agency under Public Law 103-354
State'' and adding ``the Rural Development State'' in its place.
Sec. 1942.19 [Amended]
0
164. Amend Sec. 1942.19 by:
0
a. In the following paragraphs, removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place:
0
i. Paragraphs (b)(1), (b)(2) introductory text, (b)(2)(iv), and
(b)(2)(vi);
0
ii. Paragraph (c)(11);
0
iii. Paragraph (d);
0
iv. Paragraphs (e) introductory text and (e)(2)(i) through (e)(2)(iii);
0
v. Paragraph (f);
0
vi. Paragraph (g) introductory text; and
0
vii. Paragraphs (h)(1), (h)(4), (h)(7), (h)(9), (h)(10)(ii), and
(h)(10)(iii).
0
b. In paragraph (c) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place and removing ``discusesd'' and adding
``discussed'' in its place;
0
c. In paragraph (e)(1), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place;
0
d. In paragraph (e)(2), removing ``Form FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Form RD'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 advance'' and adding ``Rural Development advance'' in its
place;
0
e. In paragraph (h)(2):
0
i. Removing ``purchased by FmHA or its successor agency under Public
Law 103-354'' and adding ``purchased by Rural Development'' in its
place;
0
ii. Removing ``Farmers Home Administration or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place;
0
iii. Removing ``address of FmHA or its successor agency under Public
Law 103-354'' and adding ``address of Rural Development'' in its place;
and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
State Office'' and adding ``Rural Development State Office'' in its
place;
0
f. In paragraph (h)(10)(iv), removing ``FmHA'' and adding ``RD'' in its
place;
0
g. In paragraph (h)(11)(iii), removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place;
and
0
h. In paragraph (i):
0
i. Removing ``Bidding by FmHA or its successor agency under Public Law
103-354'' and adding ``Bidding by Rural Development'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
will not'' and adding ``Rural Development will not'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354's
rates'' and adding ``Rural Development's rates'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
will negotiate'' and adding ``Rural Development will negotiate'' in its
place.
Sec. 1942.20 [Amended]
0
165. Amend Sec. 1942.20 by:
[[Page 9883]]
0
a. In paragraph (a) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'';
0
b. In paragraph (a)(1), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``Agency's'' in its place;
0
c. In paragraph (a)(12), removing ``Farmers Home Administration or its
successor agency under Public Law 103-354--Department of Agriculture
Pertaining to EDA Public Works Projects Assisted by an FmHA or its
successor agency under Public Law 103-354 Loan'' and adding
``Department of Agriculture Pertaining to EDA Public Works Projects
Assisted by an Agency Loan'' in its place;
0
d. In paragraph (a)(13), removing ``Farmers Home Administration or its
successor agency under Public Law 103-354-'';
0
e. In paragraphs (a)(18) and (a)(20), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Agency'' in its place;
0
f. In paragraph (a)(25), removing ``EPA and FmHA or its successor
agency under Public Law 103-354'' and adding ``Environmental Protection
Agency and the Agency'' in its place; and
0
g. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Agency'' in its
place.
Subpart C--Fire and Rescue and Other Small Community Facilities
Projects
Sec. 1942.102 [Amended]
0
166. Amend Sec. 1942.102 by:
0
a. In paragraph (a), removing ``Farmers Home Administration (FmHA) or
its successor agency under Public Law 103-354'' and adding ``Agency''
in its place; and
0
b. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``RD's'' in its place.
Sec. 1942.105 [Amended]
0
167. Amend Sec. 1942.105 by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1942.107 [Amended]
0
168. Amend Sec. 1942.107(c) by removing ``FmHA or its successor agency
under Public Law 103-354 funds'' and adding ``Agency funds'' in its
place and by removing ``by Farmers Home Administration (FmHA) or its
successor agency under Public Law 103-354'' and adding ``by RD'' in its
place.
Sec. 1942.108 [Amended]
0
169. Amend Sec. 1942.108(c) by removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``RD'' in its
place.
Sec. 1942.112 [Amended]
0
170. Amend Sec. 1942.112 by:
0
a. In paragraph (a)(2)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place;
0
b. In paragraph (a)(3) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354 approval'' and adding
``Agency approval'' in its place and removing ``FmHA or its successor
agency under Public Law 103-354 determines'' and adding ``RD
determines'' in its place;
0
c. In paragraphs (a)(3)(iii) and (a)(3)(iv), removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``RD'' in its
place; and
0
d. In paragraph (a)(3)(v):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354 may
authorize'' and adding ``RD may authorize'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354's
authorization'' and adding ``RD's authorization'' in its place;
0
iii. Removing ``and FmHA or its successor agency under Public Law 103-
354 authorization'' and adding ``and Agency authorization'' in its
place; and
0
iv. Removing ``without FmHA or its successor agency under Public Law
103-354 approval'' and adding ``without Agency approval'' in its place.
Sec. 1942.114 [Amended]
0
171. Amend Sec. 1942.114 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place; and
0
b. In paragraph (a)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place.
Sec. 1942.115 [Amended]
0
172. Amend Sec. 1942.115 by removing ``FmHA or its successor agency
under Public Law 103-354 may require'' and adding ``RD may require'' in
its place and by removing ``FmHA or its successor agency under Public
Law 103-354 employee'' and adding ``Agency employee'' in its place.
Sec. 1942.116 [Amended]
0
173. Amend Sec. 1942.116 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Agency'' in its place; and
0
b. In paragraphs (a) and (b), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1942.122 [Amended]
0
174. Amend Sec. 1942.122 by:
0
a. In the heading of paragraph (a), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Agency'' in its place;
and
0
b. In paragraph (f), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1942.123 [Amended]
0
175. Amend Sec. 1942.123 by:
0
a. In paragraphs (a)(1) and (i), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``RD'' in its place; and
0
b. In paragraph (k):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
personnel'' and adding ``Agency personnel'' in its place;
0
ii. Removing ``FmHA Instruction'' and adding ``RD Instruction'' in its
place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``RD office'' in its place.
Sec. 1942.126 [Amended]
0
176. Amend Sec. 1942.126 by:
0
a. In paragraph (b) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Agency'' in its place;
0
b. In paragraph (b)(1), removing ``FmHA or its successor agency under
Public Law 103-354 may'' and adding ``RD may'' in its place and
removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``RD office'' in its place;
0
c. In paragraph (b)(2), removing ``FmHA or its successor agency under
Public Law 103-354 concurrence'' and adding ``Agency concurrence'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 may'' and adding ``RD may'' in its place;
0
d. In paragraphs (b)(3), (c), and (d)(1), removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``RD'' in its place;
0
e. In paragraph (d)(2):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354 for
approval'' and adding ``RD for approval'' in its place;
0
ii. Removing ``approved by FmHA or its successor agency under Public
Law
[[Page 9884]]
103-354'' and adding ``approved by RD'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
District'' and adding ``Agency District'' in its place;
0
f. In paragraph (h) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Agency'' in its place;
0
g. In paragraph (k), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``RD'' in its place;
0
h. In paragraph (l)(1), removing ``FmHA or its successor agency under
Public Law 103-354 will'' and adding ``RD will'' in its place and
removing ``Form FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Form RD'' in its place;
0
i. In paragraph (l)(2), removing ``to FmHA or its successor agency
under Public Law 103-354'' and adding ``to RD'' in its place and
removing ``FmHA or its successor agency under Public Law 103-354
funds'' and adding ``Agency funds'' in its place;
0
j. In paragraph (l)(2)(iii) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``RD'' in its
place;
0
k. In paragraph (l)(2)(iii)(B), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Agency'' in its place;
0
l. In paragraph (l)(3) introductory text:
0
i. Removing ``or FmHA or its successor agency under Public Law 103-
354'' and adding ``or RD'' in its place;
0
ii. Removing ``inspector to FmHA or its successor agency under Public
Law 103-354'' and adding ``inspector to RD'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
District'' and adding ``Agency District'' in its place;
0
iv. Removing ``guide 11'' and adding ``Guide 11'' in its place;
0
v. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place; and
0
vi. Removing ``Inspections by FmHA or its successor agency under Public
Law 103-354'' and adding ``Inspections by RD'' in its place;
0
m. In paragraph (l)(4), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place and
removing ``FmHA or its successor agency under Public Law 103-354 State
Director'' and adding ``Agency State Director'' in its place;
0
n. In paragraphs (l)(5) and (l)(6)(i) introductory text, removing
``FmHA or its successor agency under Public Law 103-354'' wherever it
occurs and adding ``RD'' in its place;
0
o. In paragraph (l)(6)(i)(C), removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``RD's'' in its place; and
0
p. In paragraph (l)(6)(ii), removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place
and removing ``FmHA or its successor agency under Public Law 103-354
District'' and adding ``Agency District'' in its place; and
0
q. In paragraph (l)(6)(iii) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Agency'' in
its place.
Sec. 1942.127 [Amended]
0
177. Amend Sec. 1942.127 by:
0
a. In paragraph (e)(1), removing ``Form FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Form RD'' in
its place and removing ``by FmHA or its successor agency under Public
Law 103-354'' and adding ``by RD'' in its place; and
0
b. In paragraph (e)(2), removing ``FmHA or its successor agency under
Public Law 103-354 loan'' and adding ``Agency loan'' in its place and
removing ``FmHA or its successor agency under Public Law 103-354 may''
and adding ``RD may'' in its place.
Sec. 1942.128 [Amended]
0
178. Amend Sec. 1942.128(b) by removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``RD'' in its
place.
Sec. 1942.134 [Amended]
0
179. Amend Sec. 1942.134 introductory text by removing ``FmHA
Instruction'' and adding ``RD Instruction'' in its place and by
removing ``FmHA or its successor agency under Public Law 103-354
Office'' and adding ``Rural Development office'' in its place.
Subpart G--Rural Business Enterprise Grants and Television
Demonstration Grants
Sec. 1942.301 [Amended]
0
180. Amend Sec. 1942.301 by removing ``Farmers Home Administration
(FmHA) or its successor agency under Public Law 103-354'' and ``FmHA or
its successor agency under Public Law 103-354'' wherever they occur and
adding ``Agency'' in their place.
Sec. Sec. 1942.302. 1942.303, and 1942.304 [Amended]
0
181. Amend Sec. Sec. 1942.302, 1942.303, and 1942.304 by removing
``FmHA or its successor agency under Public Law 103-354'' wherever it
occurs and adding ``Agency'' in its place.
0
182. In addition to the amendments set forth above, in Sec. 1942.304,
revise the definition of ``Rural and Rural Area'' to read as follows:
Sec. 1942.304 Definitions.
* * * * *
Rural and Rural Area. Any area other than a city or town that has a
population of greater than 50,000 inhabitants and the urbanized area
contiguous and adjacent to such a city or town. The population figure
is obtained from the most recent decennial Census. If the applicable
population figure cannot be obtained from the most recent decennial
Census, RD will determine the applicable population figure based on
available population data.
* * * * *
Sec. 1942.305 [Amended]
0
183. Amend Sec. 1942.305 by:
0
a. In paragraph (b) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Agency'' in its place;
and
0
b. In paragraphs (b)(3)(iv)(A), (b)(3)(iv)(C), (b)(3)(iv)(E), and
(b)(3)(v), removing ``FmHA or its successor agency under Public Law
103-354'' and adding ``RD'' in its place.
Sec. 1942.306 [Amended]
0
184. Amend Sec. 1942.306(c) by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354
grant'' and adding ``Agency grant'' in its place;
0
b. Removing ``FmHA or its successor agency under Public Law 103-354
loan'' and adding ``Agency loan'' in its place; and
0
c. Removing ``with FmHA or its successor agency under Public Law 103-
354'' and adding ``with RD'' in its place.
Sec. 1942.308 [Amended]
0
185. Amend Sec. 1942.308 by:
0
a. In paragraph (a):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
assistance'' and adding ``Agency assistance'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
has'' and adding ``RD has'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
regulations'' and adding ``Agency regulations'' in its place;
0
b. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``RD'' in its place;
and
[[Page 9885]]
0
c. In paragraph (d):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
for'' and adding ``RD for'' in its place;
0
ii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by RD'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
State'' and adding ``Agency State'' in its place.
Sec. 1942.310 [Amended]
0
186. Amend Sec. 1942.310 by:
0
a. In paragraph (a):
0
i. Removing ``When FmHA or its successor agency under Public Law 103-
354'' and adding ``When RD'' in its place;
0
ii. Removing ``no FmHA or its successor agency under Public Law 103-
354'' and adding ``no Agency'' in its place;
0
iii. Removing ``unless FmHA or its successor agency under Public Law
103-354'' and adding ``unless RD'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
shall'' and adding ``RD shall'' in its place;
0
b. In paragraph (b)(1), removing ``FmHA or its successor agency under
Public Law 103-354 will'' and adding ``RD will'' in its place;
0
c. In paragraph (b)(2), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``RD's'' in its place;
0
d. In paragraph (b)(4):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``RD will'' in its place;
0
iii. Removing ``Forms FmHA'' and adding ``Forms RD'' in its place;
0
iv. Removing ``FmHA or its successor agency under Public Law 103-
354's'' wherever it occurs and adding ``RD's'' in its place;
0
v. Removing ``prior to FmHA or its successor agency under Public Law
103-354'' and adding ``prior to RD'' in its place; and
0
vi. Removing ``FmHA or its successor agency under Public Law 103-354
may'' and adding ``RD may'' in its place;
0
e. In paragraph (c)(1) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``RD'' in its place;
0
f. In paragraph (c)(1)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place;
0
g. In paragraph (c)(3):
0
i. Removing ``applicant to FmHA or its successor agency under Public
Law 103-354'' and adding ``applicant to RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
National'' and adding ``Agency National'' in its place; and
0
iii. Removing ``provided FmHA or its successor agency under Public Law
103-354'' and adding ``provided RD'' in its place;
0
h. In paragraph (c)(4):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
grant'' and adding ``Agency grant'' in its place;
0
ii. Removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to RD'' in its place; and
0
iii. Removing ``from FmHA or its successor agency under Public Law 103-
354'' and adding ``from RD'' in its place.
Sec. Sec. 1942.311 and 1942.313 [Amended]
0
187. Amend Sec. Sec. 1942.311(b) and 1942.313(b) by removing ``FmHA or
its successor agency under Public Law 103-354'' and adding ``RD'' in
its place.
Sec. 1942.315 [Amended]
0
188. Amend Sec. 1942.315(b) by removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place.
Sec. 1942.316 [Amended]
0
189. Amend Sec. 1942.316(a) by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place.
PART 1944--HOUSING
0
190. The authority citation for part 1944 continues to read as follows:
Authority: 5 U.S.C. 301; 42 U.S.C. 1480.
Subpart B--Housing Application Packaging Grants
Sec. 1944.51 [Amended]
0
191. Amend Sec. 1944.51 by removing ``Farmers Home Administration
(FmHA) or its successor agency under Public Law 103-354'' and ``FmHA or
its successor agency under Public Law 103-354'' and adding ``Rural
Development'' in their place.
Sec. Sec. 1944.52 and 1944.53 [Amended]
0
192. Amend Sec. Sec. 1944.52 and 1944.53 by removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``Rural Development'' in its place.
0
193. In addition to the amendments set forth above, in Sec. 1944.52,
revise the definition of ``Designated counties'' to read as follows:
Sec. 1944.52 Definitions.
* * * * *
Designated counties. These counties are listed in exhibit D of this
subpart. The counties meet the following criteria:
(1) Twenty percent or more of the county population is at or below
the poverty level based on the most recent 5-year survey of the
American Community Survey of the Census Bureau or other Census Bureau
data if needed; and
(2) Ten percent or more of the occupied housing units are
substandard based on the most recent decennial Census of the United
States.
* * * * *
Sec. 1944.71 [Amended]
0
194. Amend Sec. 1944.71(b) by removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development's'' in its
place.
Sec. 1944.73 [Amended]
0
195. Amend Sec. 1944.73 by:
0
a. In paragraph (a) introductory text:
0
i. Removing ``an FmHA or its successor agency under Public Law 103-354
office'' and adding ``a Rural Development office'' in its place;
0
ii. Removing ``the FmHA or its successor agency under Public Law 103-
354 office'' and adding ``the Rural Development office'' in its place;
0
iii. Removing ``FmHA Instruction'' and adding ``RD Instruction'' in its
place; and
0
iv. Removing ``any FmHA or its successor agency under Public Law 103-
354 office'' and adding ``any Rural Development office'' in its place;
0
b. In paragraph (a)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
c. In paragraph (a)(2), removing ``FmHA'' wherever it occurs and adding
``RD'' in its place; and
0
d. In paragraphs (b) and (d), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
Subpart I--Self-Help Technical Assistance Grants
Sec. 1944.401 [Amended]
0
196. Amend Sec. 1944.401 by removing ``to FmHA or its successor agency
under Public Law 103-354'' and adding ``to Rural Development'' in its
place and by removing ``an FmHA or its successor agency under Public
Law 103-354'' and adding ``a Rural Development'' in its place.
[[Page 9886]]
Sec. 1944.402 [Amended]
0
197. Amend Sec. 1944.402 introductory text by removing ``Farmers Home
Administration (FmHA) or its successor agency under Public Law 103-
354'' and adding ``Rural Development'' in its place.
Sec. 1944.403, 1944.404, 1944.415, 1944.416, 1944.419, 1944.422, and
1944.426 [Amended]
0
198. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and add ``Rural Development'' in its place in the
following places:
0
a. Section 1944.403;
0
b. Section 1944.404;
0
c. Section 1944.415;
0
d. Section 1944.416;
0
e. Section 1944.419;
0
f. Section 1944.422; and
0
g. Section 1944.426.
Sec. 1944.410 [Amended]
0
199. Amend Sec. 1944.410 by:
0
a. In paragraphs (b)(1)(ii) and (c)(1), removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``RD'' in its
place;
0
b. In paragraph (c)(3), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place; and
0
c. In paragraph (e)(6), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1944.411 [Amended]
0
200. Amend Sec. 1944.411 by:
0
a. In paragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place; and
0
b. In paragraph (g), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1944.412 [Amended]
0
201. Amend Sec. 1944.412 by removing ``FmHA'' wherever it occurs and
adding ``RD'' in its place.
Sec. 1944.413 [Amended]
0
202. Amend Sec. 1944.413 by removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``RD'' in its
place.
Sec. 1944.417 [Amended]
0
203. Amend Sec. 1944.417 by:
0
a. In the introductory text to the section, removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``Rural Development'' in its place;
0
b. In paragraphs (a)(1), (a)(2)(i), and (a)(2)(ii), removing ``FmHA or
its successor agency under Public Law 103-354'' and adding ``RD'' in
its place; and
0
c. In paragraphs (b) introductory text, (b)(1)(ii), and (b)(2),
removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place.
Sec. 1944.423 [Amended]
0
204. Amend Sec. 1944.423 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354's''
wherever it occurs and adding ``Rural Development's'' in its place;
0
b. Removing ``only FmHA or its successor agency under Public Law 103-
354 can'' and adding ``only Rural Development can'' in its place; and
0
c. Removing ``with FmHA or its successor agency under Public Law 103-
354 in the'' and adding ``with Rural Development in the'' in its place.
Sec. 1944.425 [Amended]
0
205. Amend Sec. 1944.425 by removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development's'' in its
place.
Subpart K--Technical and Supervisory Assistance Grants
Sec. 1944.501 [Amended]
0
206. Amend Sec. 1944.501 by:
0
a. In paragraph (a), removing ``FmHA or its successor agency under
Public Law 103-354 employee'' and adding ``Rural Development employee''
in its place and removing ``an FmHA or its successor agency under
Public Law 103-354 employee'' and adding ``a Rural Development
employee'' in its place; and
0
b. In paragraph (b), removing ``The Farmers Home Administration (FmHA)
or its successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place.
Sec. 1944.502 [Amended]
0
207. Amend Sec. 1944.502 by:
0
a. In paragraphs (a) introductory text, (a)(1), and (b), removing
``FmHA or its successor agency under Public Law 103-354'' and adding
``Rural Development'' in its place;
0
b. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``Rural Development's'' in its place
and removing ``FmHA or its successor agency under Public Law 103-354
resources'' and adding ``Rural Development resources'' in its place;
and
0
c. In paragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. Sec. 1944.506, 1944.510, 1944.512, 1944.514, 1944.516, 1944.520,
1944.525, 1944.529, 1944.538, 1944.541, 1944.543, 1944.547, and
1944.549 [Amended]
0
208. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and add ``Rural Development'' in its place in the
following places:
0
a. Section 1944.506;
0
b. Section 1944.510;
0
c. Section 1944.512;
0
d. Section 1944.514;
0
e. Section 1944.516;
0
f. Section 1944.520;
0
g. Section 1944.525;
0
h. Section 1944.529;
0
i. Section 1944.538;
0
j. Section 1944.541;
0
k. Section 1944.543;
0
l. Section 1944.547; and
0
m. Section 1944.549.
Sec. 1944.526 [Amended]
0
209. Amend Sec. 1944.526 by:
0
a. In paragraph (a)(2)(i)(E), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place; and
0
b. In paragraphs (a)(5) and (c)(1)(i), removing ``Form FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``Form RD'' in its place.
Sec. 1944.531 [Amended]
0
210. Amend Sec. 1944.531 by removing ``Form FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``Form
RD'' in its place and by removing ``by FmHA or its successor agency
under Public Law 103-354'' from paragraph (c)(13) and adding ``by Rural
Development'' in its place.
Sec. 1944.533 [Amended]
0
211. Amend Sec. 1944.533 by:
0
a. In paragraphs (c), (d), (f)(1), (f)(2) introductory text,
(f)(2)(iii), (f)(2)(iv), (f)(4) introductory text, (f)(4)(i), and
(f)(6), removing ``Form FmHA or its successor agency under Public Law
103-354'' wherever its occurs and adding ``Form RD'' in its place;
0
b. In paragraph (e) introductory text, removing ``FmHA Instruction''
and adding ``RD Instruction'' in its place and removing ``Director of
Information in the National Office'' and adding ``Director, Legislative
and Public Affairs Staff (LAPAS), in the Rural Development National
Office'' in its place;
0
c. In paragraph (f)(4)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place; and
[[Page 9887]]
0
d. In paragraph (f)(5), removing ``LAPIS'' wherever it occurs and
adding ``LAPAS'' in its place and removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place.
Sec. 1944.535 [Amended]
0
212. Amend Sec. 1944.535 by:
0
a. In paragraphs (a) and (b), removing ``Form FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``Form
RD'' in its place; and
0
b. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354 Appeal'' and adding ``Rural Development Appeal'' in
its place.
Sec. 1944.536 [Amended]
0
213. Amend Sec. 1944.536 by removing ``FmHA or its successor agency
under Public Law 103-354 determines'' and adding ``Rural Development
determines'' in its place and by removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place.
Sec. 1944.540 [Amended]
0
214. Amend Sec. 1944.540 by:
0
a. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place; and
0
b. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1944.545 [Amended]
0
215. Amend Sec. 1944.545 by removing ``FmHA or its successor agency
under Public Law 103-354 440-1'' and adding ``RD 1940-1'' in its place.
Sec. 1944.548 [Amended]
0
216. Amend Sec. 1944.548 by:
0
a. In the section heading, in paragraph (a), and in paragraph (b)
introductory text, removing ``FmHA or its successor agency under Public
Law 103-354'' and adding ``Rural Development'' in its place; and
0
b. In paragraph (b)(3), removing ``FmHA Instruction'' and adding ``RD
Instruction'' in its place.
Subpart N--Housing Preservation Grants
Sec. 1944.654 [Amended]
0
217. Amend Sec. 1944.654 by:
0
a. In paragraph (a), removing ``FmHA Instruction'' wherever it occurs
and adding ``RD Instruction'' in its place; and
0
b. In paragraph (b), removing ``FmHA Instruction'' and adding ``RD
Instruction'' in its place and removing ``any Agency office'' and
adding ``any Rural Development office'' in its place.
Sec. 1944.657 [Amended]
0
218. Amend Sec. 1944.657 by removing ``FmHA Instruction'' and adding
``RD Instruction'' in its place and by removing ``FmHA or its successor
agency under Public Law 103-354 office'' and adding ``Rural Development
office'' in its place.
Sec. 1944.658 [Amended]
0
219. Amend Sec. 1944.658(a)(3) by removing ``or its successor agency
under Public Law 103-354'' wherever it occurs.
Sec. Sec. 1944.660, 1944.663, 1944.664, 1944.666, 1944.668, 1944.671,
1944.674, 1944.678, 1944.679, 1944.681, 1944.683, 1944.684, and
1944.689 [Amended]
0
220. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and add ``Rural Development'' in its place in the
following places:
0
a. Section 1944.660 section heading and paragraph (a);
0
b. Section 1944.663(a)(7) and (a)(8);
0
c. Section 1944.664(c)(10)(ii);
0
d. Section 1944.666(a)(2), (b)(5), and (c);
0
e. Section 1944.668;
0
f. Section 1944.671(b) introductory text and paragraphs (b)(2) and (c);
0
g. Section 1944.674(b) and (c);
0
h. Section 1944.678;
0
i. Section 1944.679(b) introductory text and paragraph (b)(4);
0
j. Section 1944.681;
0
k. Section 1944.683(a), (b) introductory text, (c), and (d);
0
l. Section 1944.684 (a), (b) introductory text, (b)(2), (c), and (d);
and
0
m. Section 1944.689(b).
Sec. 1944.672 [Amended]
0
221. Amend Sec. 1944.672 by:
0
a. In paragraphs (c) and (e) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place;
0
b. In paragraph (e)(3):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354's
environmental'' and adding ``Rural Development's environmental'' in its
place; and
0
ii. Removing ``an FmHA or its successor agency under Public Law 103-354
environmental'' and adding ``a Rural Development environmental'' in its
place; and
0
c. In paragraph (g), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
Sec. 1944.673 [Amended]
0
222. Amend Sec. 1944.673 by:
0
a. In paragraph (a):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
has'' and adding ``Rural Development has'' in its place;
0
ii. Removing ``FmHA Instruction'' and adding ``RD Instruction'' in its
place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' wherever it occurs and adding ``Rural Development office'' in
its place; and
0
b. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
Sec. 1944.676 [Amended]
0
223. Amend Sec. 1944.676 by:
0
a. In paragraph (a), removing ``appropriate FmHA or its successor
agency under Public Law 103-354'' and adding ``appropriate Rural
Development'' in its place and removing ``any FmHA or its successor
agency under Public Law 103-354 Office'' and adding ``any Rural
Development office'' in its place;
0
b. In paragraphs (b) introductory text, (b)(1)(iv), and (b)(1)(xii),
removing ``FmHA or its successor agency under Public Law 103-354'' and
adding ``Rural Development'' in its place;
0
c. In paragraph (b)(1)(iii):
0
i. Removing ``FmHA Instruction'' and adding ``RD Instruction'' in its
place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' wherever it occurs and adding ``Rural Development office'' in
its place; and
0
iii. Removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to Rural Development'' in its place;
0
d. In paragraph (b)(1)(x), removing ``Rural Development or its
successor agency under Public Law 103-354'';
0
e. In paragraph (c), removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place and removing
``FmHA or its successor agency under Public Law 103-354 office'' and
adding ``Rural Development office'' in its place;
0
f. In paragraph (d)(4), removing ``FmHA Instruction'' and adding ``RD
Instruction'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 office'' and adding ``Rural Development
office'' in its place;
0
g. In paragraph (d)(5), removing ``FmHA or its successor agency under
Public Law 103-354 office'' and adding ``Rural Development office'' in
its place
[[Page 9888]]
and removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to Rural Development'' in its place;
0
h. In paragraph (g), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place; and
0
i. In paragraph (h), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``RD'' in its place.
Sec. 1944.682 [Amended]
0
224. Amend Sec. 1944.682 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place;
0
b. In paragraph (a):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
determines'' and adding ``Rural Development determines'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place; and
0
c. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
d. In paragraph (c):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``Rural Development will'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place; and
0
iv. Removing ``by FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``by Rural Development'' in its
place; and
0
e. In paragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1944.688 [Amended]
0
225. Amend Sec. 1944.688 by:
0
a. In paragraphs (a) and (b), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place; and
0
b. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354's appeal'' and adding ``Rural Development's appeal''
in its place.
Sec. 1944.690 [Amended]
0
226. Amend Sec. 1944.690 by removing ``Administrator of FmHA or its
successor agency under Public Law 103-354'' and adding ``Under
Secretary for Rural Development (or designee)'' in its place.
PART 1948--RURAL DEVELOPMENT
0
227. The authority citation for part 1948 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1932 note.
Subpart B--Section 601 Energy Impacted Area Development Assistance
Sec. 1948.51 [Amended]
0
228. Amend Sec. 1948.51 by:
0
a. Removing ``Farmers Home Administration (FmHA) or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place;
0
b. Removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to Rural Development'' in its place; and
0
c. Removing ``an FmHA or its successor agency under Public Law 103-
354'' and adding ``a Rural Development'' in its place.
Sec. Sec. 1948.53, 1948.56, 1948.60, 1948.62, 1948.68, 1948.70,
1948.81, 1948.86, 1948.88, 1948.91, 1948.94, and 1948.95 [Amended]
0
229. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and add ``Rural Development'' in its place in the
following places:
0
a. Section 1948.53;
0
b. Section 1948.56;
0
c. Section 1948.60;
0
d. Section 1948.62(b);
0
e. Section 1948.68(g);
0
f. Section 1948.70(b);
0
g. Section 1948.81(a) and (b);
0
h. Section 1948.86(a)(1) and (a)(2);
0
i. Section 1948.88;
0
j. Section 1948.91;
0
k. Section 1948.94(a) introductory text and (b); and
0
l. Section 1948.95.
0
230. Revise Sec. 1948.61 introductory text to read as follows:
Sec. 1948.61 State supplements and guides.
Rural Development State Directors will obtain National Office
clearance for all State supplements and guides in accordance with
paragraph VIII of RD Instruction 2006-B, (available in any Rural
Development office).
* * * * *
Sec. 1948.70 [Amended]
0
231. Amend Sec. 1948.70(c) by removing ``Administrator of FmHA or its
successor agency under Public Law 103-354'' and adding ``Under
Secretary for Rural Development'' in its place.
Sec. 1948.79 [Amended]
0
232. Amend Sec. 1948.79 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following places:
0
i. Paragraph (a);
0
ii. Paragraph (c) introductory text;
0
iii. Paragraph (e) introductory text;
0
iv. Paragraph (f);
0
v. Paragraph (g);
0
vi. Paragraph (h) introductory text;
0
vii. Paragraph (i);
0
viii. Paragraph (j);
0
ix. Paragraphs (k) introductory text and (k)(12);
0
b. In paragraph (c)(4), removing ``Forms FmHA'' and adding ``Form RD''
in its place and removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place;
0
c. In paragraph (k)(8), removing ``FmHA or its successor agency under
Public Law 103-354 440-1'' and adding ``RD 1940-1'' in its place; and
0
d. In paragraphs (k)(9) and (k)(10), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1948.81 [Amended]
0
233. Amend Sec. 1948.81(d) by removing ``FmHA or its successor agency
under Public Law 103-354 State'' and adding ``Rural Development State''
in its place and by removing ``Administrator, FmHA or its successor
agency under Public Law 103-354'' and adding ``Under Secretary for
Rural Development'' in its place.
Sec. 1948.82 [Amended]
0
234. Amend Sec. 1948.82 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following places:
0
i. Paragraphs (a) introductory text and (a)(10);
0
ii. Paragraph (c);
0
iii. Paragraph (d);
0
iv. Paragraph (e);
0
v. Paragraphs (f) introductory text, (f)(1), and (f)(2);
0
vi. Paragraph (g);
0
vii. Paragraph (h); and
0
viii. Paragraph (m).
0
b. In paragraph (i), removing ``FmHA or its successor agency under
Public
[[Page 9889]]
Law 103-354 National'' and adding ``Rural Development State'' in its
place and removing ``Administrator'' and adding ``Under Secretary for
Rural Development'' in its place;
0
c. In paragraph (j), removing ``Administrator, FmHA or its successor
agency under Public Law 103-354, the FmHA or its successor agency under
Public Law 103-354 State'' and adding ``Under Secretrary for Rural
Development, the Rural Development State'' in its place;
0
d. In paragraph (k), removing ``FmHA or its successor agency under
Public Law 103-354 Stae'' and adding ``Rural Development State'' in its
place and removing ``Administrator, FmHA or its successor agency under
Public Law 103-354'' and adding ``Under Secretrary for Rural
Development'' in its place; and
0
e. In paragraph (l), removing ``Administrator of FmHA or its successor
agency under Public Law 103-354'' and adding ``Under Secretary for
Rural Development'' in its place.
Sec. Sec. 1948.83 and 1948.97 [Amended]
0
235. Amend Sec. Sec. 1948.83 and 1948.97 by removing ``FmHA'' and
adding ``RD'' in its place.
Sec. 1948.84 [Amended]
0
236. Amend Sec. 1948.84 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
and adding ``Rural Development'' in its place in the following places:
0
i. Paragraph (a);
0
ii. Paragraph (d) introductory text;
0
iii. Paragraphs (e) introductory text and (e)(1);
0
iv. Paragraph (f);
0
v. Paragraph (g);
0
vi. Paragraph (h) introductory text;
0
vii. Paragraph (i) introductory text; and
0
viii. Paragraphs (i)(14) and (i)(17).
0
b. In paragraph (b):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``The Rural Development office'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
District'' and adding ``Rural Development District'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
State'' and adding ``the Rural Development State'' in its place; and
0
iv. Removing ``the time the AD-622'' and adding ``the time the Form AD-
622'' in its place;
0
c. In paragraphs (d)(2) and (d)(8), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``RD'' in its place;
0
d. In paragraph (d)(9), removing ``Forms FmHA or its successor agency
under Public Law 103-354 400-1 and Form FmHA or its successor agency
under Public Law 103-354 400-4'' and adding ``Form RD 400-1 and Form RD
400-4'' in its place;
0
e. In paragraph (i)(10), removing ``FmHA or its successor agency under
Public Law 103-354 440-1'' and adding ``RD 1940-1'' in its place;
0
f. In paragraph (i)(11), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place;
0
g. In paragraph (i)(12), removing ``FmHA or its successor agency under
Public Law 103-354 400'' and adding ``RD 400-4'' in its place; and
0
h. In paragraph (i)(13), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1948.89 [Amended]
0
237. Amend Sec. 1948.89 by:
0
a. In the heading of the section and in paragraph (a) introductory
text, removing ``FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Rural Development'' in its place;
0
b. In paragraph (a)(1):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
State'' wherever it occurs and adding ``the Rural Development State''
in its place;
0
ii. Removing ``Administrator, FmHA or its successor agency under Public
Law 103-354'' and adding ``Under Secretary for Rural Development'' in
its place; and
0
iii. Removing ``for FmHA or its successor agency under Public Law 103-
354'' and adding ``for Rural Development'' in its place;
0
c. In paragraph (a)(2), removing ``Administrator'' and adding ``Under
Secretary for Rural Development'' in its place;
0
d. In paragraph (a)(3), removing ``Administrator, FmHA or its successor
agency under Public Law 103-354'' and adding ``Under Secretary for
Rural Development'' in its place; and
0
e. In paragraphs (a)(4), (a)(5), and (b), removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place.
Sec. 1948.90 [Amended]
0
238. Amend Sec. 1948.90 by:
0
a. In paragraphs (a) introductory text and (a)(1), removing ``FmHA or
its successor agency under Public Law 103-354'' wherever it occurs and
adding ``Rural Development'' in its place;
0
b. In paragraph (a)(2):
0
i. Removing ``Administrator, FmHA or its successor agency under Public
Law 103-354'' and adding ``Under Secretary for Rural Development'' in
its place;
0
ii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place;
0
iii. Removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to Rural Development'' in its place; and
0
iv. Removing ``by the FmHA or its successor agency under Public Law
103-354'' and adding ``by the Rural Development'' in its place; and
0
c. In paragraphs (a)(3), (b)(2), (b)(3), and (b)(5), removing ``FmHA or
its successor agency under Public Law 103-354'' wherever it occurs and
adding ``Rural Development'' in its place.
Sec. 1948.92 [Amended]
0
239. Amend Sec. 1948.92 by:
0
a. In paragraphs (a) and (b), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place;
0
b. In paragraph (c):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
State'' and adding ``Rural Development State'' in its place;
0
ii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place; and
0
iii. Removing ``FmHA Instruction'' and adding ``RD Instruction'' in its
place;
0
c. In paragraphs (d) and (e), removing ``FmHA or its successor agency
under Public Law 103-354 440-1'' and adding ``RD 1940-1'' in its place;
0
d. In paragraph (f):
0
i. Removing ``FmHA Instruction'' and adding ``RD Instruction'' in its
place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
Office'' and adding ``Rural Development office'' in its place; and
0
iii. Removing ``Director of Information, Farmers Home Administration or
its successor agency under Public Law 103-354'' and adding ``Director,
Legislative and Public Affairs Staff (LAPAS), in the Rural Development
National Office'' in its place;
0
e. In paragraph (g)(3), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place;
0
f. In paragraph (g)(4), removing ``Form FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Form RD'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 State'' and adding ``Rural Development State'' in its place;
[[Page 9890]]
0
g. In paragraph (g)(6), removing ``Form FmHA or its successor agency
under Public Law 103-354 440-1'' and adding ``Form RD 1940-1'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354 National'' and adding ``Rural Development National'' in its place;
0
h. In paragraph (g)(7), removing ``Director of Information in the FmHA
or its successor agency under Public Law 103-354 National Office'' and
adding ``Director, LAPAS, in the Rural Development National Office'' in
its place;
0
i. In paragraph (g)(10), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place; and
0
j. In paragraph (g)(11):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
State'' and adding ``Rural Development State'' in its place;
0
ii. Removing ``Director, Legislative Affairs and Public Information
Staff (LAPIS)'' and adding ``Director, LAPAS'' in its place;
0
iii. Removing ``LAPIS'' wherever it occurs and adding ``LAPAS'' in its
place; and
0
iv. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place.
Sec. 1948.93 [Amended]
0
240. Amend Sec. 1948.93 by removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place and by removing ``FmHA Instruction'' and
adding ``RD Instruction'' in its place.
Sec. 1948.94 [Amended]
0
241. Amend Sec. 1948.94 by:
0
a. In paragraph (a) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place; and
0
b. In paragraph (b), removing ``FmHA Instruction 402.1 (available in
any FmHA or its successor agency under Public Law 103-354 office)'' and
adding ``RD Instruction 1902-A (available in any Rural Development
office)'' in its place and removing ``to FmHA or its successor agency
under Public Law 103-354'' and adding ``to Rural Development'' in its
place.
Sec. 1948.96 [Amended]
0
242. Amend Sec. 1948.96 by:
0
a. In paragraph (a), removing ``FmHA'' and adding ``RD'' in its place;
and
0
b. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
PART 1950--GENERAL
Subpart C--Servicing Accounts of Borrowers Entering the Armed
Forces
0
243. The authority citation for subpart C of part 1950 continues to
read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and 42 U.S.C. 1480.
Sec. 1950.101 [Amended]
0
244. Amend Sec. 1950.101 by removing ``Farmers Home Administration or
its successor agency under Public Law 103-354 (FmHA or its successor
agency under Public Law 103-354)'' and adding ``Rural Development'' in
its place and by removing ``FmHA or its successor agency under Public
Law 103-354 regulations'' and adding ``Rural Development regulations''
in its place.
Sec. 1950.102 [Amended]
0
245. Amend Sec. 1950.102(a) by removing ``FmHA or its successor agency
under Public Law 103-354 will'' and adding ``Rural Development will''
in its place and by removing ``policy FmHA or its successor agency
under Public Law 103-354'' and adding ``policy of Rural Development''
in its place.
Sec. 1950.103 [Amended]
0
246. Amend Sec. 1950.103 by:
0
a. In the section heading, removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place;
0
b. In paragraph (a)(1), removing ``FmHA or its successor agency under
Public Law 103-354 loan'' and adding ``government loan'' in its place
and removing ``borrower and FmHA or its successor agency under Public
Law 103-354'' and adding ``borrower and Rural Development'' in its
place; and
0
c. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``RD'' in its place
and removing ``Address or Name'' and adding ``Address, Name, Case
Number, or Loan Number'' in its place.
Sec. 1950.104 [Amended]
0
247. Amend Sec. 1950.104 by:
0
a. In the section heading, introductory text, and paragraph (a),
removing ``FmHA or its successor agency under Public Law 103-354'' and
adding ``Rural Development'' in its place;
0
b. In paragraph (b) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place;
0
c. In paragraph (b)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place; and
0
d. In paragraph (e), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1950.105 [Amended]
0
248. Amend Sec. 1950.105(b) by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
PART 1951--SERVICING AND COLLECTIONS
0
249. The authority citation for part 1951 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1932 note; 7 U.S.C. 1989; 31
U.S.C. 3716; 42 U.S.C. 1480.
Subpart A--Account Servicing Policies
Sec. 1951.2 [Amended]
0
250. Amend Sec. 1951.2 by removing ``Farmers Home Administration or
its successor agency under Public Law 103-354 (FmHA or its successor
agency under Public Law 103-354)'' and adding ``Agency'' in its place.
Sec. 1951.3 [Amended]
0
251. Amend Sec. 1951.3 by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Agency'' in its place.
Sec. 1951.7 [Amended]
0
252. Amend Sec. 1951.7 by:
0
a. In paragraph (b)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``the Agency'' in its place;
0
b. In paragraphs (b)(4)(i), (c), and (d)(2), removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``RD'' in its place;
0
c. In paragraph (e), removing ``FmHA or its successor agency under
Public Law 103-354 borrowers will be maintained in the County Office on
Forms FmHA or its successor agency under Public Law 103-354 1905-1,
FmHA or its successor agency under Public Law 103-354 1905-5, FmHA or
its successor agency under Public Law 103-354 1905-10, ``Management
System Card-Association,'' as provided in FmHA or its successor agency
under Public Law 103-354 Instruction 1905-A (available in any FmHA or
its successor agency under Public Law 103-354 office)'' and adding
``Agency borrowers will be maintained in the County Office as provided
in RD Instruction 1905-A
[[Page 9891]]
(available in any Agency office)'' in its place;
0
d. In paragraph (h) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``the Agency'' in its
place;
0
e. In paragraphs (h)(1) and (h)(2), removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``RD''
in its place; and
0
f. In paragraph (h)(3):
0
i. Removing ``Forms FmHA or its successor agency under Public Law 103-
354'' and adding ``Forms RD'' in its place;
0
ii. Removing ``copy(ies) of Form FmHA or its successor agency under
Public Law 103-354'' and adding ``copy(ies) of Form RD'' in its place;
and
0
iii. Removing ``; a copy of Form FmHA or its successor agency under
Public Law 103-354 1951-58, ``Basis for Loan Account Payment
Application for Farmer Program Loans;''.
Sec. 1951.8 [Amended]
0
253. Amend Sec. 1951.8(b)(3) by removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1951.9 [Amended]
0
254. Amend Sec. 1951.9 by:
0
a. In the section heading, removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Agency'' in its place;
0
b. In the introductory text, removing ``Form FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``Form
RD'' in its place;
0
c. In paragraph (a)(1) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Agency'' in
its place;
0
d. In paragraph (a)(1)(i), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place; and
0
e. In paragraphs (a)(1)(ii), (a)(1)(iii), (a)(1)(iv), (a)(2), and (b),
removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Agency'' in its place.
Sec. 1951.10 [Amended]
0
255. Amend Sec. 1951.10 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``RD'' in its
place; and
0
b. In paragraph (a)(6), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Agency'' in its place.
Sec. 1951.11 [Amended]
0
256. Amend Sec. 1951.11 by:
0
a. In paragraph (d)(1)(i), removing ``FmHA or its successor agency
under Public Law 103-354 office'' and adding ``Rural Development
office'' in its place; and
0
b. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place.
Sec. 1951.12 [Amended]
0
257. Amend Sec. 1951.12 by:
0
a. In paragraph (a), removing ``FmHA or its successor agency under
Public Law 103-354 loan'' and adding ``Agency loan'' in its place;
0
b. In paragraph (b), removing ``Form FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Form RD'' in its
place; and
0
c. In paragraphs (c)(1) and (c)(2), removing ``Form FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``Form RD'' in its place.
Sec. 1951.14 [Amended]
0
258. Amend Sec. 1951.14(b) by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1951.25 [Amended]
0
259. Amend Sec. 1951.25(b)(2)(ii) by removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``RD'' in its place.
0
260. Revise Exhibit A to subpart A of 7 CFR part 1951 to read as
follows:
Exhibit A to Subpart A of Part 1951--Notice to Agency Borrowers
Agency borrowers with community program loan types made under
the Consolidated Farm and Rural Development Act may request a loan
summary statement which shows the calendar year account activity for
each loan. Interested borrowers may request these statements through
their local Rural Development office.
Subpart D--Final Payment of Loans
Sec. 1951.153 [Amended]
0
261. Amend Sec. 1951.153(b) by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1951.154 [Amended]
0
262. Amend Sec. 1951.154 by removing in paragraph (a) ``FmHA or its
successor agency under Public Law 103-354'' and adding ``RD'' in its
place and by removing in paragraph (c) ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1951.155 [Amended]
0
263. Amend Sec. 1951.155 by:
0
a. In paragraph (b):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``RD will'' in its place;
0
ii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by RD'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place;
0
b. In paragraph (c) introductory text and paragraph (c)(1), removing
``FmHA or its successor agency under Public Law 103-354'' wherever it
occurs and adding ``RD'' in its place;
0
c. In paragraph (c)(2):
0
i. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
will'' wherever it occurs and adding ``RD will'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
is'' and adding ``RD is'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
can'' and adding ``RD can'' in its place;
0
d. In paragraph (g), removing ``FmHA or its successor agency under
Public Law 103-354 may'' and adding ``RD may'' in its place and
removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
e. In paragraph (i), removing ``FmHA or its successor agency under
Public Law 103-354 will'' and adding ``RD will'' in its place and
removing ``by FmHA or its successor agency under Public Law 103-354''
and adding ``by RD'' in its place.
Subpart E--Servicing of Community and Direct Business Programs
Loans and Grants
Sec. 1951.201 [Amended]
0
264. Amend Sec. 1951.201 by removing ``loans for Grazing and other
shift-in-land-use projects;'' and ``Association Irrigation and Drainage
loans;'' and by removing ``and the Farm Service Agency'' and adding
``and the Rural Housing Service'' in its place.
Sec. 1951.202 [Amended]
0
265. Amend Sec. 1951.202 by removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development's'' in its
place and by removing ``by FmHA or its successor agency under Public
Law 103-354'' and adding ``by Rural Development'' in its place.
[[Page 9892]]
Sec. 1951.203 [Amended]
0
266. Amend Sec. 1951.203(h) by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
Sec. 1951.207 [Amended]
0
267. Amend Sec. 1951.207 by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
Sec. Sec. 1951.211, 1951.215, and 1951.216 [Amended]
0
268. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and add ``Rural Development'' in its place in the
following places:
0
a. Section 1951.211;
0
b. Section 1951.215 introductory text and (a)(2); and
0
c. Section 1951.216.
Sec. 1951.220 [Amended]
0
269. Amend Sec. 1951.220 by:
0
a. In paragraph (a)(2), removing ``FmHA or its successor agency under
Public Law 103-354 Instruction'' and adding ``RD Instruction'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354's'' and adding ``Rural Development's'' in its place;
0
b. In paragraph (a)(3), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``Rural Development's'' in its place;
0
c. In paragraph (b) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place;
0
d. In paragraph (b)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place;
0
e. In paragraph (b)(2), removing ``Forms FmHA or its successor agency
under Public Law 103-354 1951-9'' and ``Form FmHA or its successor
agency under Public Law 103-354 1951-9'' and adding ``Form RD 1951-9''
in their place;
0
f. In paragraph (b)(3), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place;
0
g. In paragraph (c) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place;
0
h. In paragraph (c)(2), removing ``FmHA or its successor agency under
Public Law 103-354 Instruction'' and adding ``RD Instruction'' in its
place;
0
i. In paragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``Rural Development's'' in its place;
0
j. In paragraph (e)(2)(v), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place;
0
k. In paragraph (f), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``Rural Development's'' in its place
and removing ``FmHA or its successor agency under Public Law 103-354
as'' and adding ``Rural Development as'' in its place; and
0
l. In paragraphs (g) and (h)(3), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place.
Sec. 1951.221 [Amended]
0
270. Amend Sec. 1951.221 by:
0
a. In paragraph (a)(2) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354's'' and adding ``Rural
Development's'' in its place;
0
b. In paragraphs (a)(2)(i)(A), (a)(2)(i)(B), and (a)(2)(i)(C), removing
``FmHA or its successor agency under Public Law 103-354'' and adding
``Rural Development'' in its place;
0
c. In paragraph (a)(3) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``RD'' in its
place; and
0
d. In paragraph (a)(3)(i), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
Sec. 1951.222 [Amended]
0
271. Amend Sec. 1951.222 by:
0
a. In the introductory text and in paragraphs (a)(2), (a)(3), (a)(7),
and (a)(9), removing ``FmHA or its successor agency under Public Law
103-354'' wherver it occurs and adding ``Rural Development'' in its
place;
0
b. In paragraphs (c)(1) and (c)(3), removing ``Form FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``Form RD'' in its place;
0
c. In paragraph (c)(7), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place; and
0
d. In paragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``Rural Development's'' in its place
and removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place.
Sec. 1951.223 [Amended]
0
272. Amend Sec. 1951.223 by:
0
a. In paragraph (b)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place;
0
b. In paragraph (c)(2), removing ``FmHA or its successor agency under
Public Law 103-354's security'' and adding ``Rural Development's
security'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 approval'' and adding ``Rural Development
approval'' in its place; and
0
c. In paragraphs (c)(3), (c)(4) introductory text, (c)(4)(i),
(c)(4)(ii), and (c)(4)(iv), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
Sec. 1951.224 [Amended]
0
273. Amend Sec. 1951.224 by:
0
a. In paragraphs (a)(1)(iii), (a)(1)(v), and (a)(2)(v), removing ``FmHA
or its successor agency under Public Law 103-354'' wherever it occurs
and adding ``Rural Development'' in its place;
0
b. In paragraphs (b)(1) and (b)(2), removing ``to FmHA or its successor
agency under Public Law 103-354'' and adding ``to Rural Development''
in its place and removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place;
0
c. In paragraph (b)(3), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place; and
0
d. In paragraph (b)(6), removing ``FmHA or its successor agency under
Public Law 103-354 consent'' and adding ``Rural Development consent''
in its place and removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place;
0
e. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place; and
0
f. In paragraph (e)(2), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1951.225 [Amended]
0
274. Amend Sec. 1951.225 by removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
Sec. 1951.226 [Amended]
0
275. Amend Sec. 1951.226 by:
0
a. In paragraph (a)(3), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
b. In paragraph (b)(3), removing ``FmHA or its successor agency under
[[Page 9893]]
Public Law 103-354's'' and adding ``Rural Development's'' in its place;
0
c. In paragraph (b)(4)(i), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place;
0
d. In paragraph (b)(4)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place;
0
e. In paragraph (b)(5)(i), removing ``on FmHA or its successor agency
under Public Law 103-354'' and adding ``on Rural Development'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354's advantage'' and adding ``Rural Development's advantage'' in its
place;
0
f. In paragraphs (b)(5)(ii) and (b)(6), removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place;
0
g. In paragraph (c)(1)(i), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place;
0
h. In paragraphs (c)(1)(iv) through (vii), (c)(2)(i), and (c)(2)(ii),
removing ``Form FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Form RD'' in its place;
0
i. In paragraph (c)(3), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
j. In paragraph (d)(1) ``an FmHA or its successor agency under Public
Law 103-354'' and adding ``a Rural Development'' in its place and
removing ``Form FmHA or its successor agency under Public Law 103-354''
and adding ``Form RD'' in its place;
0
k. In paragraph (d)(2) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place; and
0
l. In paragraph (d)(2)(ii), removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place.
Sec. 1951.227 [Amended]
0
276. Amend Sec. 1951.227 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place; and
0
b. In paragraph (c):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place.
Sec. 1951.230 [Amended]
0
277. Amend Sec. 1951.230 by:
0
a. In paragraph (a) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place;
0
b. In paragraph (a)(2), removing ``FmHA or its successor agency under
Public Law 103-354's security'' and adding ``Rural Development's
security'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 program'' and adding ``Rural Development
program'' in its place;
0
c. In paragraphs (a)(3), (a)(4), and (a)(6), removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place;
0
d. In paragraph (a)(7), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place and
removing ``to FmHA or its successor agency under Public Law 103-354''
and adding ``to Rural Development'' in its place;
0
e. In paragraph (a)(8), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place;
0
f. In paragraph (a)(9), removing ``FmHA or its successor agency under
Public Law 103-354 debt'' and adding ``Rural Development debt'' in its
place and removing ``Form FmHA or its successor agency under Public Law
103-354'' wherever it occurs and adding ``Form RD'' in its place;
0
g. In paragraph (a)(12), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place;
0
h. In paragraphs (b) introductory text and (b)(5), removing ``FmHA or
its successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place;
0
i. In paragraph (c) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place;
0
j. In paragraph (c)(1), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place;
0
k. In paragraph (c)(5), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
l. In paragraph (d) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place;
0
m. In paragraph (d)(1)(i):
0
i. Removing ``non-FmHA or its successor agency under Public Law 103-354
personnel'' and adding ``non-Rural Development personnel'' in its
place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place;
0
n. In paragraph (d)(1)(ii), removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place;
0
o. In paragraph (d)(2), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
p. In paragraph (d)(5), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place;
0
q. In paragraphs (e)(1) and (e)(2)(ii), removing ``Form FmHA or its
successor agency under Public Law 103-354'' and adding ``Form RD'' in
its place;
0
r. In paragraph (f)(1), removing ``FmHA or its successor agency under
Public Law 103-354 Instruction'' and adding ``RD Instruction'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354 office'' wherever it occurs and adding ``Rural Development office''
in its place;
0
s. In paragraph (f)(5), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place and
removing ``approval by FmHA or its successor agency under Public Law
103-354'' and adding ``approval by Rural Development'' in its place;
0
t. In paragraphs (f)(6), (f)(7)(i), and (f)(7)(ii), removing ``Form
FmHA or its successor agency under Public Law 103-354'' and adding
``Form RD'' in its place;
0
u. In paragraph (f)(8), removing ``an FmHA or its successor agency
under Public Law 103-354'' and adding ``a Rural Development'' in its
place;
0
v. In paragraph (f)(9), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
w. In paragraph (f)(11), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place;
0
x. In paragraphs (f)(12) and (f)(14), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place; and
0
y. In paragraph (f)(15), removing ``Form FmHA or its successor agency
[[Page 9894]]
under Public Law 103-354'' and adding ``Form RD'' in its place.
Sec. 1951.231 [Amended]
0
278. Amend Sec. 1951.231 by:
0
a. In paragraphs (a)(1)(i), (v), and (vii), removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``RD'' in its place;
0
b. In paragraph (a)(1)(vi), removing ``FmHA or its successor agency
under Public Law 103-354 office'' and adding ``Rural Development
office'' in its place;
0
c. In paragraphs (a)(2), (3), and (4), removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``RD''
in its place;
0
d. In paragraph (b)(2), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place; and
0
e. In paragraphs (c)(3) and (4), removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``RD''
in its place;
0
f. In paragraph (d) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``RD''
in its place; and
0
g. In paragraph (d)(1), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``Rural Development's'' in its place
and removing ``debt to FmHA or its successor agency under Public Law
103-354'' and adding ``debt to Rural Development'' in its place.
Sec. Sec. 1951.232, 1951.240, and 1951.241 [Amended]
0
279. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following places:
0
a. Section 1951.232;
0
b. Section 1951.240; and
0
c. Section 1951.241.
Subpart F--Analyzing Credit Needs and Graduation of Borrowers
Sec. 1951.264 [Amended]
0
280. Amend Sec. 1951.264(a)(2) by removing ``1951-F-5'' and adding
``1951-5'' in its place.
Exhibit B to Subpart F [Amended]
0
281. In Exhibit B to subpart F, paragraph 15, removing ``Form FmHA or
its successor agency under Public Law 103-354'' and adding ``Form RD''
in its place and removing ``by FmHA or its successor agency under
Public Law 103-354'' and adding ``by Rural Development'' in its place.
Subpart R--Rural Development Loan Servicing
Sec. 1951.851 [Amended]
0
282. Amend Sec. 1951.851 by:
0
a. In paragraph (a), removing ``Farmers Home Administration or its
successor agency under Public Law 103-354 (FmHA or its successor agency
under Public Law 103-354)'' and adding ``Rural Development'' in its
place; and
0
b. In paragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1951.852 [Amended]
0
283. Amend Sec. 1951.852(a)(1), (a)(2), and (a)(9) by removing ``FmHA
or its successor agency under Public Law 103-354'' wherever it occurs
and adding ``Rural Development loan'' in its place.
Sec. Sec. 1951.866, 1951.883, and 1951.896 [Amended]
0
284. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following places:
0
a. Section 1951.866;
0
b. Section 1951.883; and
0
c. Section 1951.896.
Sec. 1951.881 [Amended]
0
285. Amend Sec. 1951.881 by:
0
a. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
b. In paragraph (d):
0
i. Removing ``by the FmHA or its successor agency under Public Law 103-
354'' and adding ``by the Rural Development'' in its place;
0
ii. Removing ``the FmHA or its successor agency under Public Law 103-
354 Administrator'' and adding ``the Rural Development Under
Secretary'' in its place; and
0
c. In paragraph (e)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1951.884 [Amended]
0
286. Amend Sec. 1951.884 by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
Sec. 1951.885 [Amended]
0
287. Amend Sec. 1951.885 by:
0
a. In the introductory text and in paragraphs (a)(2), and (b), removing
``FmHA or its successor agency under Public Law 103-354'' wherever it
occurs and adding ``Rural Development'' in its place;
0
b. In paragraph (c):
0
i. Removing ``expose FmHA or its successor agency under Public Law 103-
354'' and adding ``expose Rural Development'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-
354's'' and adding ``Rural Development's'' in its place; and
0
iii. Removing ``which FmHA or its successor agency under Public Law
103-354'' and adding ``which Rural Development'' in its place; and
0
c. In paragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1951.889 [Amended]
0
288. Amend Sec. 1951.889 by:
0
a. In paragraph (a), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
b. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``Rural Development's'' in its place;
0
c. In paragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place; and
0
d. In paragraph (e), removing ``FmHA or its successor agency under
Public Law 103-354 case nunber'' and adding ``Rural Development case
number'' in its place.
Sec. 1951.890 [Amended]
0
289. Amend Sec. 1951.890 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``Rural Development will'' in its place;
0
b. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place;
0
c. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place;
0
d. Removing ``FmHA or its successor agency under Public Law 103-354
and'' and adding ``Rural Development and'' in its place; and
0
e. Removing ``FmHA or its successor agency under Public Law 103-354
staff'' and adding ``Rural Development staff'' in its place.
Sec. 1951.891 [Amended]
0
290. Amend Sec. 1951.891 by:
0
a. In paragraph (a) introductory text:
0
i. Removing ``that FmHA or its successor agency under Public Law
[[Page 9895]]
103-354'' and adding ``that Rural Development'' in its place;
0
ii. Removing ``Should the FmHA or its successor agency under Public Law
103-354'' and adding ``Should Rural Development'' in its place;
0
iii. Removing ``interests of FmHA or its successor agency under Public
Law 103-354'' and adding ``interests of Rural Development'' in its
place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
may'' and adding ``Rural Development may'' in its place;
0
b. in paragraph (a)(2), removing ``as FmHA or its successor agency
under Public Law 103-354'' and adding ``as Rural Development'' in its
place and removing ``by the FmHA or its successor agency under Public
Law 103-354'' and adding ``by Rural Development'' in its place; and
0
c. In paragraphs (a)(3), (e), and (f), removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
PART 1955--PROPERTY MANAGEMENT
0
291. The authority citation for part 1955 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart A--Liquidation of Loans Secured by Real Estate and
Acquisition of Real and Chattel Property
Sec. 1955.2 [Amended]
0
292. Amend Sec. 1955.2 by removing ``property to FmHA or its successor
agency under Public Law 103-354'' and adding ``property to Rural
Development'' in its place and removing ``conveyance to FmHA or its
successor agency under Public Law 103-354'' and adding ``conveyance to
Rural Development and'' in its place.
Sec. 1955.3 [Amended]
0
293. Amend Sec. 1955.3 by:
0
a. In the definition of `CONACT or CONACT property', removing ``FmHA or
its successor agency under Public Law 103-354'' and adding ``the
government'' in its place;
0
b. In the definition of `Government', removing ``Farmers Home
Administration or its successor agency under Public Law 103-354 (FmHA
or its successor agency under Public Law 103-354),'' and adding ``RBS,
RHS, and RUS of the'' in its place and removing ``used interchangeably
herein with ``FmHA or its successor agency under Public Law 103-354.'';
and
0
c. In the definition of `Prior lien', removing ``FmHA or its successor
agency under Public Law 103-354 security'' and adding ``Rural
Development security'' in its place and removing ``FmHA or its
successor agency under Public Law 103-354's `'' and adding ``Rural
Development's'' in its place.
Sec. 1955.5 [Amended]
0
294. Amend Sec. 1955.5 by:
0
a. In paragraphs (a) and (c)(2), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place; and
0
b. In paragraph (d), removing ``(available in any FmHA or its successor
agency under Public Law 103-354 office)'' and removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``RD'' in its
place.
Sec. 1955.10 [Amended]
0
295. Amend Sec. 1955.10 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following places:
0
i. The introductory text;
0
ii. The heading of paragraph (c);
0
iii. Paragraph (f) introductory text;
0
iv. Paragraphs (f)(1) introductory text, (f)(1)(i)(A), (f)(1)(i)(B),
(f)(1)(ii), and (f)(1)(iii);
0
v. Paragraph (g)(1); and
0
vi. Paragraphs (h)(1), (h)(2), and (h)(5);
0
b. In paragraph (a)(2)(ii), removing ``FmHA or its successor agency
under Public Law 103-354 Instruction'' and adding ``RD Instruction'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 office'' and adding ``Rural Development office'' in its place;
0
c. In paragraph (c)(2):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
liens'' and adding ``Rural Development liens'' in its place;
0
ii. Removing ``made by FmHA or its successor agency under Public Law
103-354'' and adding ``made by Rural Development'' in its place;
0
iii. Removing ``An FmHA or its successor agency under Public Law 103-
354 official'' and adding ``A Rural Development official'' in its
place;
0
d. In paragraphs (d)(1), (d)(2), and (d)(3), removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``RD'' in its place;
0
e. In paragraph (e):
0
i. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place;
0
ii. Removing ``qualified FmHA or its successor agency under Public Law
103-354'' and adding ``qualified Rural Development'' in its place;
0
iii. Removing ``outside FmHA or its successor agency under Public Law
103-354'' wherever it occurs and adding ``outside Rural Development''
in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
f. In paragraphs (h)(4)(i) and (h)(4)(ii), removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``RD'' in its place.
Sec. Sec. 1955.11 and 1955.12 [Amended]
0
296. Amend Sec. Sec. 1955.11 and 1955.12 by removing in their section
headings and wherever else it occurs ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
Sec. 1955.15 [Amended]
0
297. Amend Sec. 1955.15 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following places:
0
i. The introductory text;
0
ii. Paragraph (a)(2)(i);
0
iii. Paragraph (d)(2)(v);
0
iv. Paragraph (d)(3)(i)(A);
0
v. Paragraph (d)(6)(i) introductory text;
0
vi. Paragraphs (f)(1)(i)(C) and (D),
0
vii. Paragraphs (f)(5)(i)(A) and (B);
0
viii. Paragraph (f)(5)(ii); and
0
ix. Paragraphs (f)(7)(i) and (ii).
0
b. In paragraph (b) introductory text:
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place;
0
iv. Removing ``Forms FmHA or its successor agency under Public Law 103-
354'' and adding ``Forms RD'' in its place; and
0
v. Removing ``FmHA or its successor agency under Public Law 103-354
loan servicing'' and adding ``Rural Development loan servicing'' in its
place;
0
c. In paragraph (b)(3), removing ``FmHA or its successor agency under
[[Page 9896]]
Public Law 103-354'' and adding ``the government'' in its place;
0
d. In paragraph (d)(1):
0
i. Removing ``whether FmHA or its successor agency under Public Law
103-354'' wherever it occurs and adding ``whether Rural Development''
in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
loan(s)'' and adding ``Rural Development loan(s)'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354's
position'' and adding ``Rural Development's position'' in its place;
0
e. In paragraph (d)(2) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354 Guide Letters'' and adding
``Guide Letters'' in its place and removing ``FmHA or its successor
agency under Public Law 103-354 Office'' wherever it occurs and adding
``Rural Development office'' in its place;
0
f. In paragraphs (d)(4), (e)(2), and (f)(1)(ii), removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``RD'' in its
place;
0
g. In paragraph (f)(3), removing ``FmHA or its successor agency under
Public Law 103-354 Instruction'' and adding ``RD Instruction'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354 office'' and adding ``Rural Development office'' in its place;
0
h. In paragraph (f)(4), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place;
0
i. In paragraph (f)(6):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354's''
wherever it occurs and adding ``Rural Development's'' in its place;
0
ii. Removing ``an FmHA or its successor agency under Public Law 103-354
borrower'' and adding ``a Rural Development borrower'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
debt'' and adding ``Rural Development debt'' in its place;
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
determines'' and adding ``Rural Development determines'' in its place;
0
v. Removing ``an FmHA or its successor agency under Public Law 103-354
appraiser'' and adding ``a Rural Development appraiser'' in its place;
0
vi. Removing ``outside FmHA or its successor agency under Public Law
103-354'' and adding ``outside Rural Development'' in its place;
0
vii. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
viii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place; and
0
j. In paragraph (f)(7) introductory text, removing ``an FmHA or its
successor agency under Public Law 103-354 employee'' wherever it occurs
and adding ``a Rural Development employee'' in its place.
Sec. 1955.18 [Amended]
0
298. Amend Sec. 1955.18 by:
0
a. In paragraph (e)(1) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place;
0
b. In paragraph (e)(1)(ii), removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development's'' in its
place.
0
c. In paragraph (e)(2) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place;
0
d. In paragraph (e)(2)(ii), removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development's'' in its
place;
0
e. In paragraph (e)(3), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place; and
0
f. In paragraph (e)(4) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place.
Sec. 1955.20 [Amended]
0
299. Amend Sec. 1955.20 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place;
0
b. In paragraph (a)(2), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
c. In paragraph (a)(5), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place;
0
d. In paragraph (b) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place;
0
e. In paragraph (b)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place;
0
f. In paragraph (b)(2):
0
i. Removing ``chattels to FmHA or its successor agency under Public Law
103-354'' and adding ``chattels to Rural Development'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place; and
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
g. In paragraph (b)(4), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place;
0
h. In paragraph (c)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
i. In paragraph (d):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
ii. Removing ``outside FmHA or its successor agency under Public Law
103-354'' and adding ``outside Rural Development'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place; and
0
j. In paragraph (f)(1) introductory text, removing ``an FmHA or its
successor agency under Public Law 103-354'' and adding ``a Rural
Development'' in its place;
0
k. In paragraphs (f)(1)(ii), and (f)(2)(i), (ii), and (iii), removing
``FmHA or its successor agency under Public Law 103-354'' and adding
``Rural Development'' in its place;
0
l. In paragraph (f)(2)(v), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place;
0
m. In paragraph (g), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place; and
0
n. In paragraph (h), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place;
Sec. 1955.22 [Amended]
0
300. Amend Sec. 1955.22 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354
officials'' and adding ``Rural Development officials'' in its place;
0
b. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD instruction'' in its place; and
0
c. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place.
[[Page 9897]]
Subpart B--Management of Property
Sec. 1955.52 [Amended]
0
301. Amend Sec. 1955.52 by removing ``by FmHA or its successor agency
under Public Law 103-354'' and adding ``by the respective Agency'' in
its place and by removing ``Generally, FmHA or its successor agency
under Public Law 103-354'' and adding ``Generally, RHS'' in its place.
Sec. 1955.53 [Amended]
0
302. Amend Sec. 1955.53 as follows:
0
a. In the definition of `CONACT or CONACT property', remove ``FmHA or
its successor agency under Public Law 103-354'' and add ``the
respective Agency'' in its place;
0
b. In the definition of `Custodial property', remove ``an FmHA or its
successor agency under Public Law 103-354 loan'' and add ``a Rural
Development loan'' in its place and remove ``FmHA or its successor
agency under Public Law 103-354 loan has taken'' and add ``the
respective Agency has taken'' in its place; and
0
c. In the definition of `Government', remove ``FmHA or its successor
agency under Public Law 103-354'' and add ``the respective Agency'' in
its place.
Sec. 1955.55 [Amended]
0
303. Amend Sec. 1955.55 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
wherevre it occurs and adding ``Rural Development'' in its place in the
following places:
0
i. Paragraph (b) introductory text;
0
ii. Paragraph (b)(2) introductory text;
0
iii. Paragraphs (c) introductory text and (c)(1);
0
iv. Paragraphs (f)(2)(i) and (ii), and (f)(3);
0
b. In paragraph (b)(2)(iii), removing ``FmHA or its successor agency
under Public Law 103-354 Instruction'' and adding ``RD Instruction'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 office'' and adding ``Rural Development office'' in its place;
and
0
c. In paragraph (f) introductory text:
0
i. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place;
0
ii. Removing ``through FmHA or its successor agency under Public Law
103-354'' and adding ``through Rural Development'' in its place;
0
iii. Removing ``if FmHA or its successor agency under Public Law 103-
354'' and adding ``if Rural Development'' in its place;
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
v. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place.
Sec. Sec. 1955.57, 1955.60, 1955.61, and 1955.82 [Amended]
0
304. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following places:
0
a. Section 1955.57;
0
b. Section 1955.60;
0
c. Section 1955.61; and
0
d. Section 1955.82.
Sec. 1955.62 [Amended]
0
305. Amend Sec. 1955.62 by:
0
a. In the introductory text, removing ``an FmHA or its successor agency
under Public Law 103-354 lien'' and adding ``a Rural Development lien''
in its place and removing ``FmHA or its successor agency under Public
Law 103-354 official'' and adding ``Rural Development official'' in its
place;
0
b. In paragraphs (a)(1) and (a)(2), removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``RD''
in its place;
0
c. In paragraph (b)(1)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place;
0
d. In paragraph (b)(2), removing ``FmHA or its successor agency under
Public Law 103-354 Instruction'' and adding ``RD Instruction'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354 office'' and adding ``Rural Development office'' in its place; and
0
e. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place;
Sec. 1955.65 [Amended]
0
306. Amend Sec. 1955.65 by:
0
a. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354'';
0
b. In paragraph (c) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354 Instruction'' and adding ``RD
Instruction'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 office'' and adding ``Rural Development
office'' in its place;
0
c. In paragraph (c)(1):
0
i. Removing ``which FmHA or its successor agency under Public Law 103-
354'' and adding ``which Rural Development'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354's
approval'' and adding ``Rural Development's approval'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place; and
0
d. In paragraphs (c)(2)(i), (ii), and (iii), removing ``FmHA or its
successor agency under Public Law 103-354 Instruction'' and adding ``RD
Instruction'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 office'' and adding ``Rural Development
office'' in its place; and
0
e. In paragraph (c)(4):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' wherever it occurs and adding ``RD Instruction'' in its
place; and
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and ``FmHA or its successor agency under Public Law 103-354
Office'' and adding ``Rural Development office'' in their place.
Sec. 1955.72 [Amended]
0
307. Amend Sec. 1955.72(a) and (b) by removing ``(available in any
FmHA or its successor agency under Public Law 103-354 office)''.
0
308. Amend Exhibit A to subpart B of Part 1955 by revising the heading
to read as follows:
Exhibit A to Subpart B of Part 1955--Memorandum of Understanding
Between the Federal Emergency Management Agency and Rural Development
* * * * *
Subpart C--Disposal of Inventory Property
Sec. 1955.102 [Amended]
0
309. Amend Sec. 1955.102 by removing ``Farmers Home Administration or
its successor agency under Public Law 103-354s (FmHA or its successor
agency under Public Law 103-354's)'' and adding ``the applicable'' in
its place.
Sec. 1955.103 [Amended]
0
310. Amend Sec. 1955.103 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following definitions:
0
i. `Approval official';
0
ii. `Borrower';
[[Page 9898]]
0
iii. `Decent, safe, and sanitary (DSS) housing';
0
iv. `Eligible terms';
0
v. `Participating broker';
0
vi. `Program terms'; and
0
vii. `Regular sale';
0
b. In the definition of `CONACT or CONACT property', removing ``FmHA or
its successor agency under Public Law 103-354'' and adding ``the
respective Agency'' in its place;
0
c. In the definitions of `Ineligible terms' and `Nonprogram (NP)
terms', removing ``FmHA or its successor agency under Public Law 103-
354's'' and adding ``Rural Development's'' in its place;
0
d. In the definition of `Inventory property', removing ``an FmHA or its
successor agency under Public Law 103-354 loan'' and adding ``a Rural
Development loan'' in its place;
0
e. In the definition of `Nonprogram (NP) property', removing ``FmHA or
its successor agency under Public Law 103-354''; and
0
f. Removing the definition of ``Regular FmHA or its successor agency
under Public Law 103-354 sale'', adding a definition for `Regular
Agency sale' in alphabetical order, and revising the definitions of
`Suitable property' and `Surplus property'. The revisions read as
follows:
Sec. 1955.103 Definitions.
* * * * *
Regular Agency sale. Sale made by Rural Deveopment employees or
real estate brokers other than by sealed bid, auction, or negotiation.
* * * * *
Suitable property. Real property that could be used to carry out
the objectives of Rural Development's loan programs with financing
provided through that program.
Surplus property. Property that cannot be used to carry out the
objectives of financing available through the applicable loan program.
Sec. Sec. 1955.104, 1955.112, 1955.113, 1955.121, 1955.128, 1955.132,
1955.134, 1955.136, and 1955.150 [Amended]
0
311. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following places:
0
a. Section 1955.104;
0
b. Section 1955.112;
0
c. Section 1955.113;
0
d. Section 1955.121;
0
e. Section 1955.128;
0
f. Section 1955.132;
0
g. Section 1955.134;
0
h. Section 1955.136(a)(2); and
0
i. Section 1955.150.
Sec. 1955.105 [Amended]
0
312. Amend Sec. 1955.105 by:
0
a. In paragraph (b):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
Services'' and adding ``RD Services'' in its place; and
0
b. In paragraphs (c) introductory text, (c)(1), (c)(3), and (d),
removing ``FmHA or its successor agency under Public Law 103-354'' and
adding ``Rural Development'' in its place.
Sec. 1955.109 [Amended]
0
313. Amend Sec. 1955.109 by:
0
a. In paragraph (a), removing the second and third sentences; and
0
b. In paragraphs (g) and (j), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``RD'' in its
place.
Sec. 1955.114 [Amended]
0
314. Amend Sec. 1955.114 by:
0
a. In paragraphs (a) introductory text and (a)(1)(v), removing ``FmHA
or its successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place;
0
b. In paragraph (a)(2), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place and
removing ``unless FmHA or its successor agency under Public Law 103-
354'' and adding ``unless Rural Development'' in its place;
0
c. In paragraph (a)(3)(ii), removing ``FmHA or its successor agency
under Public Law 103-354 Instruction'' and adding ``RD Instruction'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 office'' and adding ``Rural Development office'' in its place;
0
d. In paragraph (a)(4), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding Rural Development'' in its place
0
e. In paragraph (b):
0
i. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
employee'' and adding ``Rural Development employee'' in its place; and
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
f. In paragraphs (c) introductroy text and (d), removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place.
Sec. 1955.115 [Amended]
0
315. Amend Sec. 1955.115 by:
0
a. In the introductory text:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
DSS'' and adding ``Rural Development DSS'' in its place;
0
b. In paragraph (a) introductory text, removing ``FmHA or its successor
agency under Public Law 103-35'' and adding ``Rural Development'' in
its place;
0
c. In paragraph (a)(2):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``Rural Development will'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place; and
0
d. In paragraphs (a)(3), and (b), removing ``FmHA or its successor
agency under Public Law 103-35'' and adding ``Rural Development'' in
its place.
Sec. 1955.116 [Amended]
0
316. Amend Sec. 1955.116 by:
0
a. In paragraph (a):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
ii. Removing ``which FmHA or its successor agency under Public Law 103-
354 has'' and adding ``which Rural Development has'' in its place; and
0
iii. Removing ``Contact FmHA or its successor agency under Public Law
103-354'' and adding ``Contact Rural Development'' in its place;
0
b. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``RD'' in its place;
0
c. In paragraph (c):
0
i. Removing ``Form FmHA or its successor agency under Public Law
[[Page 9899]]
103-354'' and adding ``Form RD'' in its place;
0
ii. Removing ``through Farmers Home Administration or its successor
agency under Public Law 103-354'' and adding ``through Rural
Development'' in its place; and
0
iii. Removing ``the Farmers Home Administration or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place; and
0
d. In paragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1955.117 [Amended]
0
317. Amend Sec. 1955.117 by:
0
a. In paragraph (a), removing ``Form FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Form RD'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354 sales'' and adding ``Rural Development sales'' in its place;
0
b. In paragraph (b), removing ``The FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
c. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place; and
0
d. In paragraphs (e) and (f), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
Sec. 1955.118 [Amended]
0
318. Amend Sec. 1955.118 by:
0
a. In paragraphs (b)(1) and (b)(11), removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``RD''
in its place;
0
b. In paragraph (b)(5), removing ``FmHA or its successor agency under
Public Law 103-354 Instruction'' and adding ``RD Instruction'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354 office'' and adding ``Rural Development office'' in its place; and
0
c. In paragraphs (b)(7) and (b)(8)(ii), removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place.
Sec. 1955.119 [Amended]
0
319. Amend Sec. 1955.119 by:
0
a. In paragraph (a), removing ``FmHA or its successor agency under
Public Law 103-354 will'' wherever it occurs and adding ``Rural
Development will'' in its place and removing ``Form FmHA or its
successor agency under Public Law 103-354'' and adding ``Form RD'' in
its place; and
0
b. In paragraph (c):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``Rural Development will'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
determines'' and adding ``Rural Development determines'' in its place;
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-
354's'' and adding ``Rural Development's'' in its place.
Sec. 1955.120 [Amended]
0
320. Amend Sec. 1955.120 by:
0
a. Removing ``non-FmHA or its successor agency under Public Law 103-
354'' and adding ``non-Rural Development'' in its place;
0
b. Removing ``by FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``by Rural Development'' in its
place;
0
c. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
d. Removing ``FmHA or its successor agency under Public Law 103-354
official'' and adding ``Rural Development official'' in its place.
Sec. 1955.122 [Amended]
0
321. Amend Sec. 1955.122 by:
0
a. In paragraph (a):
0
i. Removing ``of the FmHA or its successor agency under Public Law 103-
354'' and adding ``of the Rural Development'' in its place;
0
ii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
Form'' and adding ``Rural Development Form'' in its place; and
0
iv. Removing ``in FmHA or its successor agency under Public Law 103-
354'' and adding ``in Rural Development'' in its place;
0
b. In paragraph (b), removing ``by FmHA or its successor agency under
Public Law 103-354'' and adding ``by Rural Development'' in its place
and removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
c. In paragraph (c)(2), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
d. In paragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354 Instruction'' and adding ``RD Instruction'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354 office'' and adding ``Rural Development office'' in its place; and
0
e. In paragraph (f), removing ``to FmHA or its successor agency under
Public Law 103-354'' and adding ``to Rural Development'' in its place;
0
f. In the undesignated paragraph following paragraph (f):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place.
0
322. Revise Sec. 1955.123(a) to read as follows:
Sec. 1955.123 Sale procedures (chattel).
0
(a) Credit sales. Although cash sales are preferred in the sale of
chattel, credit sales may be used advantageously in the sale of
chattels to eligible purchasers and to facilitate sales of high-priced
chattels. Credit sales to eligible purchasers will be in accordance
with the provisions of this chapter for the appropriate program for
which a loan would otherwise be made including eligibility
determinations. Preference will be given to a cash offer that is at
least * percent of the higher offer requiring credit. [*Refer to
exhibit B of RD Instruction 440.1 (available in any Rural Development
office) for the current percentage.] Credit sales made to ineligible
purchasers will require not less than a 10 percent downpayment with the
remaining balance amortized over a period not to exceed 5 years. The
interest rate for ineligible purchasers of C&BP chattel will be the
current ineligible interest rate for C&BP property set forth in Exhibit
B of RD Instruction 440.1 (available in any Rural Development office).
District Directors and State Directors are authorized to approve or
disapprove sale of C&BP chattel on ineligible terms in accordance with
the respective type of program approval authorities in Exhibit E of
Subpart A of Part 1901 of this chapter (available in any Rural
Development office). For other than C&BP, credit sales to NP purchasers
will be handled in accordance with Subpart J of Part 1951 of this
chapter.
* * * * *
[[Page 9900]]
Sec. 1955.124 [Amended]
0
323. Amend Sec. Sec. 1955.124 by removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``RD''
in its place.
Sec. 1955.127 [Amended]
0
324. Amend Sec. 1955.127 by removing ``FmHA or its successor agency
under Public Law 103-354 Instruction'' and adding ``RD Instruction'' in
its place and by removing ``FmHA or its successor agency under Public
Law 103-354 office'' and adding ``Rural Development office'' in its
place.
Sec. 1955.130 [Amended]
0
325. Amend Sec. 1955.130 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354 Instruction'' and adding ``RD Instruction'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 office'' and adding ``Rural Development office'' in its place;
0
b. In paragraph (a)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and ``Rural Development'' in
its place;
0
c. In paragraph (a)(2), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place and
removing ``FmHA or its successor agency under Public Law 103-354
office'' wherever it occurs and adding ``Rural Development office'' in
its place;
0
d. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``RD'' in its place;
0
e. In paragraph (c) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place;
0
f. In paragraph (e) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and ``Rural
Development'' in its place;
0
g. In paragraph (e)(1)(ii), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place.
0
h. In paragraph (f)(1)(i), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place;
0
i. In paragraph (f)(3):
0
i. Removing ``receiving FmHA or its successor agency under Public Law
103-354'' wherever it occurs and adding ``receiving Rural Development''
in its place;
0
ii. Removing ``appropriate FmHA or its successor agency under Public
Law 103-354'' and adding ``appropriate Rural Development'' in its
place; and
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
j. In paragraph (g), removing ``FmHA or its successor agency under
Public Law 103-354 shall'' and adding ``Rural Development shall'' in
its place and removing ``Form FmHA or its successor agency under Public
Law 103-354'' wherever it occurs and adding ``Form RD'' in its place.
Sec. 1955.131 [Amended]
0
326. Amend Sec. 1955.131 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354 Instruction'' and adding ``RD Instruction'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354 office'' and adding ``Rural Development office'' in its place;
and
0
b. In paragraph (b):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354 may
not'' and adding ``Rural Development may not'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
official'' and adding ``Rural Development official'' in its place; and
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place.
Sec. 1955.133 [Amended]
0
327. Amend Sec. 1955.133 by:
0
a. In paragraph (a), removing ``if FmHA or its successor agency under
Public Law 103-354'' and adding ``if Rural Development'' in its place
and removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
b. In paragraphs (b) and (c), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
Sec. 1955.135 [Amended]
0
328. Amend Sec. 1955.135 by:
0
a. In the introductory text:
0
i. Removing ``Where FmHA or its successor agency under Public Law 103-
354'' and adding ``Where Rural Development'' in its place;
0
ii. Removing ``between FmHA or its successor agency under Public Law
103-354'' and adding ``between Rural Development'' in its place;
0
iii. Removing ``Forms FmHA or its successor agency under Public Law
103-354 1955-45 or FmHA or its successor agency under Public Law 103-
354'' and adding ``Forms RD 1955-45 or RD'' in its place;
0
iv. Removing ``paid by FmHA or its successor agency under Public Law
103-354'' wherever it occurs and adding ``paid by Rural Development''
in its place; and
0
v. Removing ``proceeds FmHA or its successor agency under Public Law
103-354'' and adding ``proceeds Rural Development'' in its place; and
0
b. In paragraph (a), removing ``FmHA or its successor agency under
Public Law 103-354 credit'' and adding ``Rural Development credit'' in
its place and removing ``FmHA or its successor agency under Public Law
103-354's'' and adding ``Rural Development's'' in its place.
Sec. 1955.138 [Amended]
0
329. Amend Sec. 1955.138 by removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development's'' in its
place.
Sec. 1955.139 [Amended]
0
330. Amend Sec. 1955.139 by:
0
a. In paragraph (a)(3)(iii), removing ``the FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development's'' in
its place;
0
b. In paragraph (a)(3)(iv), removing ``the FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place; and
0
c. In paragraphs (a)(3)(v) and (vi), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place.
Sec. 1955.144 [Amended]
0
331. Amend Sec. 1955.144(b) by removing ``FmHA or its successor agency
under Public Law 103-354'' and ``the Farmers Home Administration or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in their place.
Sec. 1955.146 [Amended]
0
332. Amend Sec. 1955.146(a) by:
0
a. Removing ``sold by FmHA or its successor agency under Public Law
103-354'' and adding ``sold by Rural Development'' in its place;
0
b. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' wherever it occurs and adding ``RD Instruction'' in its
place;
0
c. Removing ``FmHA or its successor agency under Public Law 103-354
office'' wherever it occurs and adding ``Rural Development office'' in
its place;
0
d. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
e. Removing ``Forms FmHA or its successor agency under Public Law 103-
354 1955-40 or FmHA or its
[[Page 9901]]
successor agency under Public Law 103-354'' and adding ``Forms RD 1955-
40 or RD'' in its place;
0
f. Removing ``FmHA or its successor agency under Public Law 103-354
personnel'' and adding ``Rural Development personnel'' in its place;
and
0
g. Removing ``FmHA or its successor agency under Public Law 103-354 may
contract'' and adding ``Rural Development may contract'' in its place.
Sec. 1955.147 [Amended]
0
333. Amend Sec. 1955.147 by:
0
a. In the introductory text:
0
i. Removing ``all FmHA or its successor agency under Public Law 103-
354'' and adding ``all Rural Development'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
will'' wherever it occurs and adding ``Rural Development will'' in its
place;
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
iv. Removing ``payable to FmHA or its successor agency under Public Law
103-354'' and adding ``payable to Rural Development'' in its place; and
0
v. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place;
0
b. In paragraph (a), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place;
0
c. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354 Instruction'' and adding ``RD Instruction'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354 office'' and adding ``Rural Development office'' in its place; and
0
d. In paragraphs (d) and (e), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
PART 1956--DEBT SETTLEMENT
0
334. The authority citation for part 1956 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 31 U.S.C. 3711; 42
U.S.C. 1480.
Subpart C--Debt Settlement--Community and Business Programs
Sec. 1956.102 [Amended]
0
335. Amend Sec. 1956.102(a) by removing ``the Farmers Home
Administration or its successor agency under Public Law 103-354 (FmHA
or its successor agency under Public Law 103-354)'' and adding ``the
government'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 personnel'' and adding ``Rural Development
personnel'' in their place.
0
336. Revise Sec. 1956.105(a), (f), (g), and (h) to read as follows:
Sec. 1956.105 Definitions.
(a) Settlement. The compromise, adjustment, cancellation, or
chargeoff of a debt owed to Rural Development. The term ``settlement''
is used for convenience in referring to compromise, adjustment,
cancellation, or chargeoff actions, individually or collectively.
* * * * *
(f) Debtor. The borrower of loan funds under any of Rural
Development programs specified in Sec. 1956.101.
(g) Security. All that serves as collateral for Rural Development
loan(s), including, but not limited to, revenues, tax levies, municipal
bonds, and real and chattel property.
(h) Servicing official. The Rural Development official who is
primarily responsible for servicing the account.
* * * * *
Sec. Sec. 1956.109, 1956.110, 1956.130, 1956.138, 1956.142, and
1956.148 [Amended]
0
337. Remove ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``RD'' in its place in the following
places:
0
a. Section 1956.109(f);
0
b. Section 1956.110;
0
c. Section 1956.130;
0
d. Section 1956.138;
0
e. Section 1956.142(f); and
0
f. Section 1956.148.
Sec. 1956.111 [Amended]
0
338. Amend Sec. 1956.111 introductory text and paragraph (a) by
removing ``FmHA or its successor agency under Public Law 103-354'' and
adding ``Rural Development'' in its place.
Sec. 1956.112 [Amended]
0
339. Amend Sec. 1956.112(d) by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
Sec. 1956.139 [Amended]
0
340. Amend Sec. 1956.139 by:
0
a. In paragraph (d) introductory text:
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
ii. Removing ``Compromise Offer--FmHA or its successor agency under
Public Law 103-354'' and adding ``Compromise Offer--Rural Development''
in its place; and
0
iii. Removing ``Adjustment Offer--FmHA or its successor agency under
Public Law 103-354'' and adding ``Adjustment Offer--Rural Development''
in its place; and
0
b. In paragraphs (d)(1) and (e), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1956.143 [Amended]
0
341. Amend Sec. 1956.143 by:
0
a. In paragraph (a),
0
i. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following definitions:
0
A. `Debt writedown';
0
B. `Delinquent debtor';
0
C. `Eligibility'; and
0
D. `Operations review'; and
0
ii. Removing ``FmHA or its successor agency under Public Law 103-
354's'' and adding ``Rural Development's'' in its place in the
definition of `Net recovery value';
0
b. Removing ``FmHA or its successor agency under Public Law 103-354
Office'' wherever it occurs and adding ``Rural Devleopment office'' in
its place in the following places:
0
i. Paragraph (b) introductory text;
0
ii. Paragraphs (c)(1), (c)(3)(ii)(B), and (c)(3)(iv)(E)(1);
0
iii. Paragraphs (e)(1) introductory text, (e)(1)(iii), (e)(2)
introductory text, and (e)(2)(ii)(A);
0
iv. Paragraphs (f)(1) and (2);
0
v. Paragraph (g)(1) introductory text; and
0
vi. Paragraph (h).
0
c. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following places:
0
i. Paragraphs (b)(3), (b)(6), and (b)(8);
0
ii. Paragraphs (c)(3)(i)(A) and (c)(3)(ii)(C);
0
iii. Paragraphs (e)(1)(i), (e)(2)(i), and (e)(2)(ii)(B); and
0
iv. Paragraph (g)(1)(ii);
0
d. In paragraphs (b)(7) and (c)(3)(iv)(B), removing ``FmHA or its
successor agency under Public Law 103-354's'' and adding ``Rural
Development's'' in its place;
0
e. In paragraph (c)(1), removing ``FmHA or its successor agency under
Public Law 103-354 Instruction'' and adding ``RD Instruction'' in its
place and removing ``to FmHA or its successor agency under Public Law
103-354'' and adding ``to Rural Development'' in its place;
0
f. In paragraphs (c)(3)(ii)(B) and (c)(3)(iv)(B)(1), removing ``FmHA or
its
[[Page 9902]]
successor agency under Public Law 103-354 Instruction'' and adding ``RD
Instruction'' in its place;
0
g. In paragraph (c)(3)(iv)(G)(2), removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place
and removing ``FmHA or its successor agency under Public Law 103-354
approval'' and adding ``Rural Development approval'' in its place;
0
h. In paragraphs (d)(2), (f)(2), and (g)(3), removing ``Form FmHA or
its successor agency under Public Law 103-354'' and adding ``Form RD''
in its place;
0
i. In paragraph (e)(1)(ii), removing ``FmHA or its successor agency
under Public Law 103-354's approval'' and adding ``Rural Development's
approval'' in its place and removing ``by FmHA or its successor agency
under Public Law 103-354'' and adding ``by Rural Development'' in its
place;
0
j. In paragraph (e)(2)(ii)(A):
0
i. Removing ``pay FmHA or its successor agency under Public Law 103-
354'' and adding ``pay Rural Development'' in its place;
0
ii. Removing ``inform FmHA or its successor agency under Public Law
103-354'' and adding ``inform Rural Development'' in its place; and
0
iii. Removing ``pay off FmHA or its successor agency under Public Law
103-354'' and adding ``pay off Rural Development'' in its place;
0
k. In paragraph (f)(1):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354's''
and adding ``Rural Development's'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
is'' and adding ``Rural Development is'' in its place; and
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
l. In paragraph (g)(1) introductory text:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
becomes'' and adding ``Rural Development becomes'' in its place; and
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``Rural Development will'' in its place; and
0
m. In paragraph (h), removing ``FmHA or its successor agency under
Public Law 103-354 determines'' and adding ``Rural Development
determines'' in its place.
0
342. Revise Sec. 1956.145 to read as follows:
Sec. 1956.145 Disposition of essential Rural Development records.
RD Instruction 2033-A (available in any Rural Development office)
identifies an ``essential Rural Development record'' as the original of
any document or record which provides evidence of indebtedness or
obligation to RD and includes, but is not limited to: promissory notes,
assumption agreements and valuable documents, such as bonds fully
registered as to principal and interest.
(a) Essential Rural Development records evidencing debts settled by
compromise, completed adjustment or cancelled with application will be
returned to the debtor or to the debtors' legal representative. The
appropriate legend, such as ``Satisfied by Approved Compromise,'' and
the date of the final action will be stamped or typed on the original
document. This same information plus the date the original document is
returned to the debtor will be shown on a copy to be placed in the
debtor's case folder.
(b) Essential Rural Development records evidencing debts cancelled
without application will be placed in the debtor's case folder and
disposed of pursuant to RD Instruction 2033-A (available in any Rural
Development office). However, if the debtor requests the document(s),
they must be stamped ``Satisfied by Approved Cancellation'' and
returned.
(c) Essential Rural Development records evidencing charged off
debts will be retained in the servicing office and will not be stamped
or returned to the debtor. They will be destroyed six years after
chargeoff pursuant to RD Instruction 2033-A (available in any Rural
Development office).
Sec. 1956.147 [Amended]
0
343. Amend Sec. 1956.147 by:
0
a. In paragraph (a)(1), removing ``Form FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Form RD'' in
its place;
0
b. In paragraph (a)(4), removing ``FmHA or its successor agency under
Public Law 103-354'';
0
c. In paragraph (b), removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place and removing
``owed FmHA or its successor agency under Public Law 103-354'' and
adding ``owed Rural Development'' in its place; and
0
d. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
PART 1957--ASSET SALES
0
344. The authority citation for part 1957 continues to read as follows:
Authority: Pub. L. 99-509, sec 2001(b)(1).
Subpart A--Rural Housing Asset Sales
Sec. 1957.1 [Amended]
0
345. Amend Sec. 1957.1 by:
0
a. Removing ``Farmers Home Administration or its successor agency under
Public Law 103-354'' and adding ``Rural Housing Service (RHS)'' in its
place;
0
b. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``RHS'' in its place; and
0
c. Removing ``FmHA or its successor agency under Public Law 103-354's''
and adding ``RHS's'' in its place.
Sec. Sec. 1957.2 and 1957.6 [Amended]
0
346. Amend Sec. Sec. 1957.2 and 1957.6 by removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``RHS'' in its place.
PART 1962--PERSONAL PROPERTY
0
347. The authority citation for part 1962 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart A--Servicing and Liquidation of Chattel Security
Sec. 1962.1 [Amended]
0
348. Amend Sec. 1962.1 by removing ``Farmers Home Administration or
its successor agency under Public Law 103-354 (FmHA or its successor
agency under Public Law 103-354)'' and adding ``Rural Development'' in
its place.
Sec. 1962.2 [Amended]
0
349. Amend Sec. 1962.2 by removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development'' in its
place.
Sec. 1962.3 [Amended]
0
350. Amend Sec. 1962.3 by removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
Sec. 1962.4 [Amended]
0
351. Amend Sec. 1962.4 by:
0
a. In the definition of `Acquired chattel property,' removing ``FmHA or
its successor agency under Public Law 103-354'' and adding ``the
government'' in its place;
0
b. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural
[[Page 9903]]
Development'' in its place in the following definitions:
0
i. `Basic security';
0
ii. `Criminal action';
0
iii. 'Default'; and
0
iv. `Liquidation'.
0
c. Removing ``FmHA or its successor agency under Public Law 103-354's''
and adding ``Rural Development's'' in its place in the following
definitions:
0
i. `Civil action' and
0
ii. `Repossed property'.
0
d. Removing ``Farmers Home Administration or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place in the definition of `Normal income
security'.
Sec. Sec. 1962.6, 1962.16, 1962.26, 1962.27, 1962.34, 1962.41,
1962.44, and 1962.46 [Amended]
0
352. Remove ``Form FmHA'' and ``Form FmHA or its successor agency under
Public Law 103-354'' wherever they occur and adding ``Form RD'' in
their place in the following places:
0
a. Section 1962.6;
0
b. Section 1962.16;
0
c. Section 1962.26;
0
d. Section 1962.27(c) introductory text and (d);
0
e. Section 1962.34(b)(3);
0
f. Section 1962.41;
0
g. Section 1962.44; and
0
h. Section 1962.46.
Sec. 1962.8 [Amended]
0
353. Amend Sec. 1962.8 by removing ``protect FmHA or its successor
agency under Public Law 103-354'' and adding ``protect Rural
Development'' in its place and by removing ``an FmHA or its successor
agency under Public Law 103-354'' and adding ``a Rural Development'' in
its place.
Sec. 1962.17 [Amended]
0
354. Amend Sec. 1962.17 by removing ``Form FmHA'' wherever it occurs
and adding ``Form RD'' in its place and by removing ``The FmHA has'' in
paragraph (d)(2)(ii) and adding ``Rural Development has'' in its place.
Sec. 1962.18 [Amended]
0
355. Amend Sec. 1962.18 by:
0
a. In paragraph (a), removing ``FmHA or its successor agency under
Public Law 103-354 1962.1'' and adding ``the applicable Agency form''
in its place; and
0
b. In paragraph (b)(1), by:
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354 1962-1'' and adding ``the applicable Agency form'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
431-2'' and adding ``RD 431-2'' in its place; and
0
iii. Removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to Rural Development'' in its place.
Sec. 1962.19 [Amended]
0
356. Amend Sec. 1962.19 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place;
0
b. In paragraph (a)(1)(i), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place;
0
c. In paragraph (a)(2), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``Rural Development's'' in its place;
0
d. In paragraph (b)(1)(iii), removing ``FmHA or its successor agency
under Public Law 103-354 holds'' and adding ``Rural Development holds''
in its place and removing ``FmHA or its successor agency under Public
Law 103-354's'' and adding ``Rural Development's'' in its place; and
0
e. In paragraph (b)(3), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1962.27 [Amended]
0
357. Amend Sec. 1962.27 by:
0
a. In paragraph (a)(4), removing ``FmHA or its successor agency under
Public Law 103-354 has'' and adding ``Rural Development has'' in its
place and removing ``borrower non FmHA or its successor agency under
Public Law 103-354'' and adding ``borrower nor Rural Development'' in
its place;
0
b. In paragraphs (c)(1) and (c)(2) ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
c. In paragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``RD'' in its place;
and
0
d. In paragraph (e), removing ``to FmHA or its successor agency under
Public Law 103-354'' and adding ``to Rural Development'' in its place
and removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place.
Sec. 1962.29 [Amended]
0
358. Amend Sec. 1962.29 by:
0
a. In paragraph (a)(1):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
ii. Removing ``accepted by FmHA or its successor agency under Public
Law 103-354'' and adding ``accepted by Rural Development'' in its
place; and
0
iii. Removing ``paid by FmHA or its successor agency under Public Law
103-354, the County Supervisor may pay them as a petty purchase or as
the bill of a creditor of FmHA or its successor agency under Public Law
103-354 in accordance with FmHA or its successor agency under Public
Law 103-354 Instructions 2024-E, copies of which are available in any
FmHA or its successor agency under Public Law 103-354 office.'' and
adding ``paid by Rural Development, the field office may pay them in
accordance to RD Instruction 2024-A, Exhibit D, Program Loan Cost
Expenses.'' in its place;
0
b. In paragraphs (a)(2) and (a)(3), removing ``FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place;
0
c. In paragraph (b) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354 Instruction'' and adding ``RD
Instruction'' in its place and removing ``FmHA or its successor agency
under Public Law 103-354 Office'' and adding ``Rural Development
office'' in its place; and
0
d. In paragraph (b)(4), removing ``FmHA or its successor agency under
Public Law 103-354's'' and adding ``Rural Development's'' in its place.
Sec. 1962.34 [Amended]
0
359. Amend Sec. 1962.34 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354 office'' and adding ``Rural Development
office'' in its place and removing ``Form FmHA or its successor agency
under Public Law 103-354 410-1, ``Application for FmHA or its successor
agency under Public Law 103-354 Services,'' and adding ``Form RD 410-1,
``Application for RD Services,'' in its place;
0
b. In paragraph (a)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
c. In paragraph (a)(2):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
ii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
[[Page 9904]]
office'' and adding ``RD office'' in its place; and
Sec. 1962.40 [Amended]
0
360. Amend Sec. 1962.40(e)(1)(ii) by removing ``FmHA or its successor
agency under Public Law 103-354's'' and adding ``Rural Development's''
in its place.
Sec. 1962.41 [Amended]
0
361. Amend Sec. 1962.41 by removing ``Form FmHA or its successor
agency under Public Law 103-354'' and ``Form FmHA'' wherever they occur
and adding ``Form RD'' in their place.
Sec. 1962.42 [Amended]
0
362. Amend Sec. 1962.42 by:
0
a. In paragraphs (b)(2) and (b)(3), removing ``FmHA or its successor
agency under Public Law 103-354'';
0
b. In paragraph (c) introductory text, removing ``by FmHA or its
successor agency under Public Law 103-354'' and adding ``by Rural
Development'' in its place and removing ``Form FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``Form
RD'' in its place;
0
c. In paragraph (c)(2), removing ``FmHA or its successor agency under
Public Law 103-354 employee'' and adding ``Rural Development employee''
in its place;
0
d. In paragraph (c)(3), removing ``Form FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Form RD'' in
its place, and removing ``FmHA or its successor agency under Public Law
103-354 will'' wherever it occurs and adding ``Rural Development'' in
its place;
0
e. In paragraphs (c)(4)(ii) and (c)(6)(i), removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place;
0
f. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``RD'' in its place in the following
places:
0
i. Paragraphs (c)(5)(i) introductory text, (c)(5)(i)(A), (c)(5)(i)(B),
and (c)(5)(ii);
0
ii. Paragraph (c)(6)(ii) introductory text;
0
iii. Paragraph (c)(6)(ii)(A); and
0
iv. Paragraph (c)(7);
0
g. In paragraph (c)(8):
0
i. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
iii. Removing ``and FmHA or its successor agency under Public Law 103-
354'' and adding ``and Rural Development'' in its place; and
0
h. In paragraph (d), removing ``an FmHA or its successor agency under
Public Law 103-354'' and adding ``a Rural Development'' in its place.
Sec. 1962.45 [Amended]
0
363. Amend Sec. 1962.45 by removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place
and by removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place.
Sec. 1962.49 [Amended]
0
364. Amend Sec. 1962.49 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following places:
0
i. The introductory text;
0
ii. Paragraphs (b)(1)(v), (b)(2)(i), and (b)(2)(ii);
0
iii. Paragraphs (b)(3) introductory text and (b)(3)(i) through
(b)(3)(iv);
0
iv. Paragraph (c) introductory text; and
0
v. Paragraphs (e)(2) introductory text, (e)(2)(i), and (e)(3)
introductory text;
0
b. In paragraph (a):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
staff'' and adding ``Rural Development staff'' in its place;
0
c. In paragraph (b) introductory text:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354's''
and adding ``Rural Development's'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
iii. Removing ``interests of FmHA or its successor agency under Public
Law 103-354'' and adding ``interests of Rural Development'' in its
place;
0
e. In paragraph (b)(1)(vi), removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development's'' in its
place;
0
f. In paragraph (c)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``RD'' in its place
and removing ``wh=n applicable'' and adding ``when applicable'' in its
place;
0
g. In paragraph (c)(3)(i):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
455-1'' and adding ``RD 455-1'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
455-2'' and adding ``RD 455-2'' in its place;
0
iii. Removing ``Forms FmHA or its successor agency under Public Law
103-354'' and adding ``Form RD'' in its place;
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
employee'' and adding ``Rural Development employee'' in its place; and
0
v. Removing ``FmHA or its successor agency under Public Law 103-354
employees'' and adding ``Rural Development employees'' in its place;
0
h. In paragraphs (c)(3)(ii) introductory text and (e)(2)(ii), removing
``FmHA or its successor agency under Public Law 103-354'' wherever it
occurs and adding ``RD'' in its place;
0
i. In paragraph (c)(3)(ii)(A), removing ``Form FmHA or its successor
agency under Public Law 103-354'' wherever it occurs and adding ``Form
RD'' in its place and removing ``by FmHA or its successor agency under
Public Law 103-354'' and adding ``by Rural Development'' in its place;
0
j. In paragraph (c)(3)(ii)(B), removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development's'' in its
place;
0
k. In paragraph (d), removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place and removing
``FmHA or its successor agency under Public Law 103-354 field office''
wherever it occurs and adding ``Rural Development field office'' in its
place;
0
l. In paragraph (e) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354 1951-9, Annual ``Statement of Loan
Account,'' and adding ``RD 1951-9, ``Annual Statement of Loan
Account,'' in its place; and
0
m. In paragraph (e)(1), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place and
removing ``FmHA or its successor agency under Public Law 103-354 field
office'' wherever it occurs and adding ``Rural Development field
office'' in its place.
PART 1980--GENERAL
0
365. The authority citation for part 1980 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
Subpart E also issued under 7 U.S.C. 1932(a).
[[Page 9905]]
Subpart E--Business and Industrial Loan Program
Sec. 1980.401 [Amended]
0
366. Amend Sec. 1980.401(d) by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place.
0
367. Revise Sec. 1980.405 to read as follows:
Sec. 1980.405 Rural areas.
The business financed with a B&I loan must be located in a rural
area. Loans to borrowers with facilities located in both rural and non-
rural areas will be limited to the amount necessary to finance the
facility located in the eligible rural area. Cooperatives that are
headquartered in a non-rural area may be eligible for a B&I loan if the
loan is used for a project or venture that is located in a rural area.
Rural areas are any areas other than a city or town that has a
population of greater than 50,000 inhabitants; and the urbanized area
contiguous and adjacent to such a city or town, as defined by the U.S.
Bureau of the Census. For the purpose of this section:
(a) The population figure is obtained from the most recent
decennial Census of the United States (decennial Census). If the
applicable population figure cannot be obtained from the most recent
decennial Census, RD will determine the applicable population figure
based on available population data; and
(b) An urbanized area means a densely populated territory as
defined in the most recent decennial Census or other Agency-accepted
data source if not defined in the most recent decennial Census.
Sec. 1980.411 [Amended]
0
368. Amend Sec. 1980.411 by:
0
a. In paragraphs (a)(7) and (a)(11) introductory text, removing ``FmHA
or its successor agency under Public Law 103-354'' wherever it occurs
and adding ``Rural Development'' in its place;
0
b. In paragraph (a)(12):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
ii. Removing ``to FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``to Rural Development'' in its
place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
State'' and adding ``Rural Development State'' in its place; and
0
c. In paragraph (a)(13), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place.
Sec. 1980.412 [Amended]
0
369. Amend Sec. 1980.412 by removing in the Administrative text at the
end of the section ``FmHA or its successor agency under Public Law 103-
354''.
Sec. 1980.413 [Amended]
0
370. Amend Sec. 1980.413(a) introductory text by removing ``FmHA or
its successor agency under Public Law 103-354'' and adding ``the
Agency'' in its place.
Sec. 1980.414 [Amended]
0
371. Amend Sec. 1980.414 by:
0
a. In paragraph (a), removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place and removing
``to FmHA or its successor agency under Public Law 103-354'' wherever
it occurs and adding ``to Rural Development'' in its place; and
0
b. In paragraph (b), removing ``to FmHA or its successor agency under
Public Law 103-354'' and adding ``to Rural Development'' in its place.
Sec. 1980.419 [Amended]
0
372. Amend Sec. 1980.419 by removing from paragraph C. of the
Admnistrative text ``FmHA or its successor agency under Public Law 103-
354 National Office'' and adding ``Rural Development National Office''
in its place and by removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place.
Sec. 1980.420 [Amended]
0
373. Amend Sec. 1980.420 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place; and
0
b. In paragraph (d) introductory text:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
informs'' and adding ``Rural Development informs'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
determines'' and adding ``Rural Development determines'' in its place.
Sec. 1980.423 [Amended]
0
374. Amend Sec. 1980.423 by:
0
a. In paragraphs (a) introductory text and (a)(2), removing ``FmHA or
its successor agency under Public Law 103-354'' wherever it occurs and
adding ``Rural Development review'' in its place;
0
b. In paragraph (a)(3), removing ``Form FmHA or its successor agency
under Public Law 103-354 conditional Commitment For Guarantee,'' and
adding ``Form RD 449-14, ``Conditional Commitment for Guarantee,'' in
its place and removing ``Form FmHA or its successor agency under Public
Law 103-354 449-14'' and adding ``Form RD 449-14'' in its place;
0
c. In paragraphs (a)(5), (a)(6) introductory text, and (b)(1), removing
``FmHA or its successor agency under Public Law 103-354'' wherever it
occurs and adding ``Rural Development review'' in its place;
0
d. In paragraph (b)(2), removing ``FmHA or its successor agency under
Public Law 103-354 Instruction'' and adding ``RD Instruction'' in its
place and removing ``FmHA or its successor agency under Public Law 103-
354 Office'' and adding ``Rural Development office'' in its place; and
0
e. In the Administrative text at the end of the section, removing
``Form FmHA or its successor agency under Public Law 103-354'' and
adding ``Form RD'' in its place and removing ``FmHA or its successor
agency under Public Law 103-354 loan'' and adding ``Rural Development
loan'' in its place.
Sec. 1980.424 [Amended]
0
375. Amend Sec. 1980.424 by:
0
a. In paragraphs (a) and (d), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place;
0
b. In paragraphs (b) and (c), removing ``an FmHA or its successor
agency under Public Law 103-354'' and adding ``a Rural Development'' in
its place; and
0
c. In the Administrative text at the end of the section, in its
introductory text and paragraphs A.3 and 5, B.2 and 4, and C, removing
``FmHA or its successor agency under Public Law 103-354'' wherever it
occurs and adding ``RD'' in its place.
Sec. Sec. 1980.432 and 1980.433 [Amended]
0
376. Amend Sec. Sec. 1980.432 and 1980.433 by removing in the
Administrative text at the end of the sections ``FmHA or its successor
agency under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1980.434 [Amended]
0
377. Amend Sec. 1980.434 by removing in the Administrative text at the
end of the section ``FmHA or its successor agency under Public Law 103-
354 Official'' and adding ``Rural Development official'' in its place.
Sec. 1980.442 [Amended]
0
378. Amend Sec. 1980.442 by removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``and Rural
Development'' in its place.
[[Page 9906]]
Sec. 1980.443 [Amended]
0
379. Amend Sec. 1980.443 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs and adding ``Rural Development'' in its place in the
following places:
0
i. In paragraphs (a)(1), (a)(4)(i) introductory text, (a)(4)(i)(A)(4),
(a)(4)(i)(B), (a)(4)(i)(C), and (a)(4)(ii); and
0
ii. In paragraphs (b)(1), (b)(2) introductory text, (b)(2)(i), (b)(5),
(b)(6), and (b)(7)(iii); and
0
b. In the Administrative text at the end of the section:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354's''
from paragraph A introductory text and adding ``Rural Development's''
in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354 at
its'' from paragraph A.3 and adding ``Rural Development at its'' in its
place; and
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
official'' from paragraph A.3 and adding ``Rural Development official''
in its place.
Sec. 1980.444 [Amended]
0
380. Amend Sec. 1980.444(b) and (e) by removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place.
Sec. 1980.451 [Amended]
0
381. Amend Sec. 1980.451 by:
0
a. In paragraph (a), removing ``desiring FmHA or its successor agency
under Public Law 103-354 assistance'' and adding ``desiring
assistance'' in its place; and removing ``FmHA or its successor agency
under Public Law 103-354 State'' and adding ``Rural Development State''
in its place;
0
b. In paragraph (b):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place; and
0
iii. Removing ``between FmHA or its successor agency under Public Law
103-354'' and adding ``between Rural Development'' in its place;
0
c. In paragraph (c):
0
i. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and adding ``RD Instruction'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' and adding ``Rural Development office'' in its place; and
0
iv. Removing ``SBA and FmHA or its successor agency under Public Law
103-354'' and adding ``the Small Business Administration and the U.S.
Department of Agriculture Rural Development (Business and Industrial
Loans)'' in its place;
0
d. In paragraphs (d) introductory text, (d)(1), (d)(3) introductory
text, (d)(3)(iii) introductory text, and (d)(3)(iv)(A), removing ``FmHA
or its successor agency under Public Law 103-354'' wherever it occurs
and adding ``Rural Development'' in its place;
0
e. In paragraph (d)(3)(v):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354-
assisted'' and adding ``Rural Development-assisted'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
loans'' and adding ``Rural Development loans'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
funds'' and adding ``Rural Development funds'' in its place; and
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
will consider'' and adding ``Rural Development will consider'' in its
place;
0
f. Revising paragraph (d)(3)(vi);
0
g. In paragraph (e) introductory text, removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place;
0
h. In paragraph (f)(2), removing ``Form FmHA or its successor agency
under Public Law 103-354'' and adding ``Form RD'' in its place;
0
i. In paragraph (f)(3):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
449-4'' wherever it occurs and adding ``RD 449-4'' in its place;
0
ii. Removing ``by FmHA or its successor agency under Public Law 103-
354'' and adding ``by Rural Development'' in its place; and
0
iii. Removing ``result in FmHA or its successor agency under Public Law
103-354's'' and adding ``result in Rural Development'' in its place;
0
j. In paragraph (g), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place, and removing ``FmHA or its successor agency
under Public Law 103-354's'' and adding ``Rural Development's'' in its
place;
0
k. In paragraph (h), removing ``FmHA or its successor agency under
Public Law 103-354 will submit Form FmHA or its successor agency under
Public Law 103-354 449-22'' and adding ``Rural Development will submit
Form RD 449-22'' in its place;
0
l. In paragraphs (i)(1), (i)(2), (i)(3), and (i)(10), removing ``Form
FmHA or its successor agency under Public Law 103-354'' wherever it
occurs and adding ``Form RD'' in its place;
0
m. In paragraphs (i)(7), (i)(9), (i)(13)(viii), (i)(13)(x), and
(i)(15), removing ``FmHA or its successor agency under Public Law 103-
354'' and adding ``Rural Development'' in its place;
0
n. In paragraph (i)(13) introductory text, removing ``FmHA'' wherever
it occurs and adding ``RD'' in its place;
0
o. In paragraph (i)(18)(i), removing ``FmHA or its successor agency
under Public Law 103-354 solicits'' and adding ``Rural Development
solicits'' in its place and removing ``Form FmHA or its successor
agency under Public Law 103-354'' and adding ``Form RD'' in its place;
0
p. In paragraph (i)(18)(ii):
0
i. Removing ``If FmHA or its successor agency under Public Law 103-
354'' and adding ``If Rural Development'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``Rural Development will'' in its place; and
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
q. In paragraph (i)(19), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
r. In paragraphs (j) and (k), removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``Rural Development'' in its
place; and
0
s. In the Administrative text at the end of the section:
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs in paragraphs A.3 through 5, A.6(a) through
(c), and B.3(b) and (c), and adding ``Form RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
with'' in paragraphs A.3 and 4 and adding ``Rural Development with'' in
its place;
0
iii. Removing ``whom FmHA or its successor agency under Public Law 103-
354'' in paragraph A.4 and adding ``whom Rural Development'' in its
place;
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' wherever it occurs in
[[Page 9907]]
paragraphs A.5 and B.5 and adding ``RD Instruction'' in its place;
0
v. Removing ``FmHA or its successor agency under Public Law 103-354
449-4'' in paragraph A.6(c) and the note to paragraph A.6 and adding
``RD 449-4'' in its place;
0
vi. Removing ``Forms FmHA or its successor agency under Public Law 103-
354'' in the note to paragraph A.6 and adding ``Forms RD'' in its
place;
0
vii. Removing ``Form FmHA or its successor agency under Public Law 103-
354 449-29, ``Project Summary--Business Industrial Loan Division,'' in
paragraph B.3.(b) and adding ``A Project Summary'' in its place;
0
viii. Removing ``Copy of FmHA or its successor agency under Public Law
103-354'' in paragraph B.3.(d) and adding ``Copy of Rural Development''
in its place;
0
ix. Removing ``FmHA or its successor agency under Public Law 103-354
office'' in paragraph B.5 and adding ``Rural Development office'' in
its place;
0
x. Removing ``FmHA or its successor agency under Public Law 103-354
employees'' in paragraph B.5 and adding ``Rural Development employees''
in its place;
0
xi. Removing ``FmHA or its successor agency under Public Law 103-
354's'' in paragraph B.5 and adding ``Rural Development's'' in its
place;
0
xii. Removing ``FmHA or its successor agency under Public Law 103-354
position'' in paragraph B.5 and adding ``Rural Development position''
in its place;
0
xiii. Removing ``FmHA or its successor agency under Public Law 103-354
urges'' in paragraph B.6 and adding ``Rural Development urges'' in its
place;
0
xiv. Removing ``FmHA or its successor agency under Public Law 103-354
audit'' in paragraph B.6 and adding ``Rural Development audit'' in its
place;
0
xv. Removing ``FmHA or its successor agency under Public Law 103-354''
wherever it occurs in the Description of Record or Form Number and
Title table at the end of the Administrative text section and adding
``RD'' in its place; and
0
xvi. Removing ``449-29'' in the Description of Record or Form Number
and Title table at the end of the Administrative text section and
adding ``449-29 (obsolete)'' in its place.
The revision reads as follows:
Sec. 1980.451 Filing and processing applications.
* * * * *
(d) * * *
(3) * * *
(vi) Indexation. When current annual data are not available to
determine a State's nonmetropolitan household income for purposes of
the calculations described in paragraph (d)(3)(iii) of this section,
indexation of census data is necessary. The State Director will use the
figure from the 5-year data from the American Community Survey (ACS)
or, if needed, other Census Bureau data, increased by a factor
representing the increase since the year of that census in the Consumer
Price Index (``CPI-U''). That factor shall be furnished annually by the
National Office, Rural Development.
* * * * *
Sec. 1980.452 [Amended]
0
382. Amend Sec. 1980.452 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354
evaluation'' from the section heading and adding ``Rural Development
evaluation'' in its place;
0
b. Removing ``FmHA or its successor agency under Public Law 103-354
will'' wherever it occurs in the introductory text and adding ``Rural
Development will'' in its place;
0
c. Removing ``If FmHA or its successor agency under Public Law 103-
354'' wherever it occurs in the introductory text and adding ``If Rural
Development'' in its place;
0
d. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs in the introductory text and adding ``Form
RD'' in its place;
0
e. Removing ``FmHA or its successor agency under Public Law 103-354
State'' in the introductory text, and adding ``Rural Development
State'' in its place; and
0
f. In the Administrative text at the end of the section:
0
i. Removing ``an FmHA or its successor agency under Public Law 103-354
State'' in paragraph D. introductory text, and adding ``a Rural
Development State'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs in paragraphs D. introductory text, D.6
introductory text, D.6.a, b, and d, and d.7, and adding ``Form RD'' in
its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
employees'' in paragraph D. introductory text and adding ``Rural
Development employees'' in its place;
0
iv. Removing ``non-FmHA or its successor agency under Public Law 103-
354'' in paragraph D.2 and adding ``non-Rural Development'' in its
place;
0
v. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' in paragraphs D.2 and D.6.d and e, and adding ``RD
Instruction'' in its place;
0
vi. Removing ``FmHA or its successor agency under Public Law 103-354
Office'' in paragraphs D.2 and D.6.d and e, and ``FmHA or its successor
agency under Public Law 103-354 office'' and adding ``Rural Development
office'' in their place;
0
vii. Removing ``the FmHA or its successor agency under Public Law 103-
354 State'' in paragraphs D. introductory text and D.3 and adding ``the
Rural Development State'' in its place;
0
viii. Removing ``FmHA or its successor agency under Public Law 103-354
programs'' wherever it occurs in paragraph D.3 and adding ``Rural
Development programs'' in its place;
0
ix. Removing ``FmHA or its successor agency under Public Law 103-354 as
a'' in paragraph D.3 and adding ``Rural Development as a'' in its
place;
0
x. Removing ``FmHA or its successor agency under Public Law 103-354
case'' in paragraph D.6 introductory text and adding ``Rural
Development case'' in its place; and
0
xi. Removing ``Legislative Affairs and Public Information staff in the
National Office'' in paragraph D.6.d and adding ``Legislative and
Public Affairs Staff in the Rural Development National Office'' in its
place.
Sec. 1980.453 [Amended]
0
383. Amend Sec. 1980.453 by:
0
a. In paragraph (a):
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
State'' and adding ``Rural Development State'' in its place; and
0
iii. Removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to Rural Development'' in its place;
0
b. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place; and
0
c. In the Administrative text at the end of the section:
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354 449-29'' and adding ``the Project Summary'' in its place; and
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
iii. Removing ``2. A copy of FmHA or its successor agency under Public
Law 103-354 State Loan Review Board
[[Page 9908]]
Minutes'' and adding ``3. A copy of Rural Development State Loan Review
Board Minutes'' in its place.
Sec. 1980.454 [Amended]
0
384. Amend Sec. 1980.454 by:
0
a. In paragraph (a):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
State'' and adding ``Rural Development State'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
iii. Removing ``provide FmHA or its successor agency under Public Law
103-354'' and adding ``provide Rural Development'' in its place; and
0
iv. Removing ``approved by FmHA or its successor agency under Public
Law 103-354'' and adding ``approved by Rural Development'' in its
place;
0
b. In paragraph (b):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``Rural Development will'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place; and
0
iii. Removing ``approved by the FmHA or its successor agency under
Public Law 103-354 National Office'' and adding ``approved by the
National Office'' in its place;
0
c. In paragraph (c), removing ``Form FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Form RD'' in its
place and removing ``intent of FmHA or its successor agency under
Public Law 103-354'' and adding ``intent of Rural Development'' in its
place;
0
d. In paragraphs (e) and (f), removing ``FmHA or its successor agency
under Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place; and
0
e. In the Administrative text at the end of the section:
0
i. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs and adding ``Form RD'' in its place;
0
ii. Removing ``Inspection Reports'' in paragraph A.2 and adding
``Inspection Report'' in its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
personnel'' in paragraph C. and adding ``Rural Development personnel''
in its place; and
0
iv. Removing ``by FmHA or its successor agency under Public Law 103-
354'' in paragraph F. and adding ``by Rural Development'' in its place.
Sec. 1980.469 [Amended]
0
385. Amend Sec. 1980.469 by:
0
a. In the introductory text, removing ``FmHA or its successor agency
under Public Law 103-354 of'' and adding ``Rural Development (RD) of''
in its place and removing ``Form FmHA or its successor agency under
Public Law 103-354'' and adding ``Form RD'' in its place;
0
b. In paragraphs (a)(1), (c) introductory text, and (c)(1), removing
``FmHA or its successor agency under Public Law 103-354'' and adding
``Rural Development'' in its place; and
0
c. In the Administrative text at the end of the section:
0
i. Removing ``Refer to appendix G of this subpart (available in any
FmHA or its successor agency under Public Law 103-354 Office)'' in the
introductory text and adding ``Refer to RD Instruction 1980-E, Appendix
G, Liquidation and Property Management Guide (available in any RD
office)'' in its place;
0
ii. Removing ``which FmHA or its successor agency under Public Law 103-
354'' in paragraph B.1 and adding ``which Rural Development'' in its
place;
0
iii. Removing ``approved by FmHA or its successor agency under Public
Law 103-354'' in paragraph B.1 and adding ``approved by Rural
Development'' in its place;
0
iv. Removing ``the time FmHA or its successor agency under Public Law
103-354'' wherever it occurs in paragraphs B.2 and C.4 and adding ``the
time Rural Development'' in its place;
0
v. Removing ``occurs FmHA or its successor agency under Public Law 103-
354'' in paragraph B.2 and adding ``occurs Rural Development'' in its
place;
0
vi. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' in paragraph B.3 and adding ``RD Instruction'' in its
place;
0
vii. Removing ``FmHA or its successor agency under Public Law 103-354
office'' in paragraph B.3 and adding ``Rural Development office'' in
its place;
0
viii. Removing ``FmHA or its successor agency under Public Law 103-354
staff'' in paragraph B.3 and adding ``Rural Development staff'' in its
place;
0
ix. Removing ``If FmHA or its successor agency under Public Law 103-
354'' in paragraphs B.3 and 5 and adding ``If Rural Development'' in
its place;
0
x. Removing ``claim to FmHA or its successor agency under Public Law
103-354'' wherever it occurs in paragraphs B.3 and 4 and adding ``claim
to Rural Development'' in its place;
0
xi. Removing ``guaranteed by FmHA or its successor agency under Public
Law 103-354'' in paragraph B.3 and adding ``guaranteed by Rural
Development'' in its place;
0
xii. Removing ``FmHA or its successor agency under Public Law 103-354
was deceived'' in paragraph B.6 and adding ``Rural Development was
deceived'' in its place;
0
xiii. Removing ``FmHA or its successor agency under Public Law 103-354
could then'' in paragraph B.7 and adding ``Rural Development could
then'' in its place;
0
xiv. Removing ``FmHA or its successor agency under Public Law 103-354
personnel'' in paragraph C.2 and adding ``Rural Development personnel''
in its place;
0
xv. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' in paragraphs C.3.(d) and C.4 and adding ``Form RD'' in its
place;
0
xvi. Removing ``noted by FmHA or its successor agency under Public Law
103-354'' in paragraph C.4 and adding ``noted by Rural Development'' in
its place;
0
xvii. Removing ``statements for FmHA or its successor agency under
Public Law 103-354'' in paragraph C.5 and adding ``statements for Rural
Development'' in its place;
0
xviii. Removing ``FmHA or its successor agency under Public Law 103-354
in turn'' in paragraph C.5 and adding ``Rural Development in turn'' in
its place;
0
xix. Removing ``FmHA or its successor agency under Public Law 103-
354's'' in paragraph C.5 and adding ``Rural Development's'' in its
place; and
0
xx. Removing ``borrower and FmHA or its successor agency under Public
Law 103-354'' in paragraph C.6 and adding ``borrower, and Rural
Development'' in its place.
Sec. 1980.470 [Amended]
0
386. Amend the Administrative text at the end of Sec. 1980.470 by:
0
a. Removing ``Refer to appendix G of this subpart (available in any
FmHA or its successor agency under Public Law 103-354 Office)'' from
the introductory text and adding ``Refer to RD Instruction 1980-E,
Appendix G, Liquidation and Property Management Guide (available in any
Rural Development office)'' in its place;
0
b. Removing ``by the FmHA or its successor agency under Public Law 103-
354'' in paragraph A. and adding ``by the Rural Development'' in its
place;
0
c. Removing ``by FmHA or its successor agency under Public Law 103-
354'' in paragraph A. and adding ``by Rural Development'' in its place;
[[Page 9909]]
0
d. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' in paragraphs B. and D. and adding ``Form RD'' in its place;
0
e. Removing ``risks of the FmHA or its successor agency under Public
Law 103-354'' in paragraph B. and adding ``risks of Rural Development''
in its place;
0
f. Removing ``the lender and FmHA or its successor agency under Public
Law 103-354'' in paragraph B. and adding ``the lender and Rural
Development'' in its place;
0
g. Removing ``when FmHA or its successor agency under Public Law 103-
354'' in paragraph D. and adding ``when Rural Development'' in its
place;
0
h. Removing ``will FmHA or its successor agency under Public Law 103-
354 endorse'' in paragraph D. and adding ``will Rural Development
endorse'' in its place; and
0
i. Removing ``assist FmHA or its successor agency under Public Law 103-
354'' in paragraph F. and adding ``assist Rural Development'' in its
place.
Sec. 1980.471 [Amended]
0
387. Amend Sec. 1980.471 by:
0
a. In the introductory text, removing ``Refer to appendix G of this
subpart (available in any FmHA or its successor agency under Public Law
103-354 Office)'' and adding ``Refer to RD Instruction 1980-E, Appendix
G, Liquidation and Property Management Guide (available in any Rural
Development office)'' in its place;
0
b. In paragraphs (a)(1) and (a)(2), removing ``FmHA or its successor
agency under Public Law 103-354'' and adding ``Rural Development'' in
its place; and
0
c. In the Administrative text at the end of the section:
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
personnel'' in paragraph A. and adding ``Rural Development personnel''
in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
will'' in paragraph B. and adding ``Rural Development will'' in its
place;
0
iii. Removing ``between FmHA or its successor agency under Public Law
103-354'' in paragraph B. and adding ``between Rural Development'' in
its place;
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
consider'' in paragraph B. and adding ``Rural Development consider'' in
its place;
0
v. Removing ``When FmHA or its successor agency under Public Law 103-
354 liquidates,'' in paragraph B. and adding ``When Rural Development
liquidates,'' in its place;
0
vi. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs in paragraphs B. and E. and adding ``Form RD''
in its place;
0
vii. Removing ``FmHA or its successor agency under Public Law 103-354
is'' in paragraph D. and adding ``Rural Development is'' in its place;
0
viii. Removing ``499-30'' in paragraph E. and adding ``449-30'' in its
place;
0
ix. Removing ``by FmHA or its successor agency under Public Law 103-354
to'' in paragraph F. and adding ``by Rural Development to'' in its
place; and
0
x. Removing ``FmHA or its successor agency under Public Law 103-354
guaranteed loan'' in paragraph F. and adding ``Rural Development
guaranteed loan'' in its place.
Sec. 1980.472 [Amended]
0
388. Amend Sec. 1980.472 by removing ``Refer to appendix G of this
subpart (available in any FmHA or its successor agency under Public Law
103-354 Office)'' and adding ``Refer to RD Instruction 1980-E, Appendix
G, Liquidation and Property Management Guide (available in any Rural
Development office)'' in its place.
Sec. 1980.473 [Amended]
0
389. Amend Sec. 1980.473 by removing ``FmHA or its successor agency
under Public Law 103-354'' and adding ``RD'' in its place.
Sec. 1980.475 [Amended]
0
390. Amend Sec. 1980.475 by:
0
a. In paragraph (a)(6), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``Rural Development'' in its place;
0
b. In paragraph (b), removing ``FmHA or its successor agency under
Public Law 103-354's opinion, FmHA or its successor agency under Public
Law 103-354'' and adding ``Rural Development's opinion, Rural
Development'' in its place;
0
c. In paragraph (d), removing ``FmHA or its successor agency under
Public Law 103-354'' and adding ``RD'' in its place; and
0
d. In the Administrative text at the end of the section:
0
i. Removing ``Refer to appendix G of this subpart (available in any
FmHA or its successor agency under Public Law 103-354 Office)'' in the
introductory text and adding ``Refer to RD Instruction 1980-E, Appendix
G, Liquidation and Property Management Guide (available in any Rural
Development office)'' in its place;
0
ii. Removing ``that FmHA or its successor agency under Public Law 103-
354'' in paragraph A. and adding ``that Rural Development'' in its
place;
0
iii. Removing ``advising FmHA or its successor agency under Public Law
103-354'' in paragraph F. and adding ``advising Rural Development'' in
its place;
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
servicing'' wherever it occurs in paragraphs F. and H. and adding
``Rural Development servicing'' in its place; and
0
v. Removing ``actions FmHA or its successor agency under Public Law
103-354'' in paragraph H. and adding ``actions Rural Development'' in
its place.
Sec. 1980.476 [Amended]
0
391. Amend Sec. 1980.476 by:
0
a. Removing ``FmHA or its successor agency under Public Law 103-354''
and adding ``Rural Development'' in its place wherever it occurs in the
following places:
0
i. Paragraph (a);
0
i. Paragraphs (e) introductory text, (e)(1), (e)(2), (g)(2)(i), and
(g)(2)(iii);
0
ii. Paragraph (h);
0
iii. Paragraph (i);
0
iv. Paragraph (j);
0
v. Paragraph (l);
0
vi. Paragraph (m) introductory text; and
0
vii. Paragraph (n);
0
b. In paragraph (c), removing ``FmHA or its successor agency under
Public Law 103-354 Form FmHA or its successor agency under Public Law
103-354'' and adding ``Form RD'' in its place;
0
c. In paragraph (p), removing ``Form FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Form RD'' in its
place and removing ``Form 449-30'' and adding ``Form RD 449-30'' in its
place; and
0
d. In the Administrative text at the end of the section:
0
i. Removing ``Refer to appendix G of this subpart (available in any
FmHA or its successor agency under Public Law 103-354 Office)'' and
adding ``Refer to RD Instruction 1980-E, Appendix G, Liquidation and
Property Management Guide (available in any Rural Development office)''
in its place;
0
ii. Removing ``FmHA or its successor agency under Public Law 103-354
file'' in paragraph B. and adding ``Rural Development file'' in its
place; and
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' in paragraph B. wherever it occurs and adding ``Form RD'' in its
place.
[[Page 9910]]
Sec. 1980.481 [Amended]
0
392. Amend Sec. 1980.481 introductory text by removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``Rural Development'' in its place.
Sec. 1980.488 [Amended]
0
393. Amend Sec. 1980.488(a) and (b), and the administrative text at
the end of the section by removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``Rural
Development'' in its place.
Sec. 1980.490 [Amended]
0
394. Amend Sec. 1980.490 by:
0
a. In paragraphs (d)(1) through (d)(4), removing ``FmHA or its
successor agency under Public Law 103-354'' wherever it occurs and
adding ``Rural Development'' in its place;
0
b. In paragraph (f)(1), removing ``FmHA or its successor agency under
Public Law 103-354'' wherever it occurs and adding ``RD'' in its place;
0
c. In paragraph (f)(2):
0
i. Removing ``FmHA or its successor agency under Public Law 103-354
will'' and adding ``Rural Development will'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354 449-29'' and adding ``the Project Summary'' in its place; and
0
iii. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' and adding ``Form RD'' in its place;
0
d. In paragraph (f)(3), removing ``FmHA or its successor agency under
Public Law 103-354 will'' wherever it occurs and adding ``Rural
Development will'' in its place and removing ``Form FmHA or its
successor agency under Public Law 103-354 1980-48'' and adding ``Form
1980-48'' in its place;
0
e. In paragraph (f)(4):
0
i. Removing ``from FmHA or its successor agency under Public Law 103-
354'' and adding ``from Rural Development'' in its place;
0
ii. Removing ``Form FmHA or its successor agency under Public Law 103-
354 1980-23, ``Request for Business and Industry Interest Buydown
Payment,'' and adding ``Form RD 1980-24, ``Request Interest Assistance/
Interest Rate Buydown Subsidy Payment to Guaranteed Loan Lender,'' in
its place;
0
iii. Removing ``FmHA or its successor agency under Public Law 103-354
servicing office'' wherever it occurs and adding ``Rural Development
servicing office'' in its place;
0
iv. Removing ``FmHA or its successor agency under Public Law 103-354
regulations'' and adding ``Rural Development regulations'' in its
place; and
0
v. Removing ``Form FmHA or its successor agency under Public Law 103-
354 1980-48'' and adding ``Form 1980-48'' in its place;
0
f. In paragraph (g), removing ``When FmHA or its successor agency under
Public Law 103-354'' and adding ``When Rural Development'' in its place
and removing ``Form FmHA or its successor agency under Public Law 103-
354 1980-23'' and adding ``Form RD 1980-24'' in its place;
0
g. In paragraphs (n) introductory text, (n)(4), and (n)(5), removing
``FmHA or its successor agency under Public Law 103-354'' and adding
``RD'' in its place;
0
h. In paragraphs (p)(4) introductory text and (p)(5)(iii), removing
``FmHA or its successor agency under Public Law 103-354'' and adding
``Rural Development'' in its place; and
0
i. In paragraph (p)(4)(ii), removing ``Form FmHA or its successor
agency under Public Law 103-354 1980-25, ``Farmer Programs
Applications,'' or FmHA or its successor agency under Public Law 103-
354 449-1'' and adding ``Form RD 449-1'' in its place.
0
395. Revise Sec. 1980.495 to read as follows:
Sec. 1980.495 RD forms and guides.
The following RD forms and guides, as applicable, are used in
connection with processing B&I, D&D, and DARBE loan guarantees; they
are incorporated in this subpart and made a part hereof:
(a) Form RD 449-1. ``Application for Loan and Guarantee'' is
referred to as ``Appendix A,'' or successor form,
(b) The ``Certificate of Incumbency and Signature'' or successor
form,
(c) ``Guidelines for Loan Guarantees for Alcohol Fuel Production
Facilities'' is referred to as ``Appendix C.''
(d) ``Alcohol Production Facilities Planning, Performing,
Development and Project Control'' is referred to as ``Appendix D.''
(e) ``Environmental Assessment Guidelines'' is referred to as
``Appendix E.''
(f) Form RD 449-14, ``Conditional Commitment for Guarantee,'' or
successor form.
(g) ``Liquidation and Property Management Guide'' as found in RD
Instruction 1980-E Appendix G.
(h) ``Suggested Format for the Opinion of the Lender's Legal
Counsel'' is referred to as ``Appendix H.''
(i) ``Instructions for Loan Guarantees for Drought and Disaster
Relief'' and Forms RD 1980-68, ``Lender's Agreement--Drought and
Disaster Guaranteed Loans,'' 1980-69, ``Loan Note Guarantee--Drought
and Disaster Guaranteed Loans,'' and 1980-70, ``Assignment Guarantee
Agreement--Drought and Disaster Guaranteed Loans,'' or their successor
forms.
(j) [Reserved]
(k) ``Regulations for Loan Guarantees for Disaster Assistance for
Rural Business Enterprises'' and Forms RD 1980-71, ``Lender's
Agreement--Disaster Assistance for Rural Business Enterprises
Guaranteed Loans,'' 1980-72 ``Loan Note Guarantee--Disaster Assistance
for Rural Business Enterprises Guaranteed Loans,'' and 1980-73
``Assignment Guarantee Agreement--Disaster Assistance for Rural
Business Enterprises Guaranteed Loans'' or their successor forms.
Sec. 1980.497 [Amended]
0
396. Amend Sec. 1980.497 by:
0
a. In the introductory text, removing ``Refer to appendix G of this
subpart (available in any FmHA or its successor agency under Public Law
103-354 Office)'' and adding ``Refer to RD Instruction 1980-E, Appendix
G, Liquidation and Property Management Guide (available in any Rural
Development office)'' in its place;
0
b. In paragraphs (a), (b) introductory text, (c), and (d)(1), removing
``FmHA or its successor agency under Public Law 103-354'' wherever it
occurs and adding ``Rural Development'' in its place;
0
c. In paragraphs (b)(2) introductory text and (b)(3), removing ``FmHA
or its successor agency under Public Law 103-354's'' and adding ``Rural
Development's'' in its place;
0
d. In paragraphs (d)(2) and (d)(7) through (d)(9), removing ``Form FmHA
or its successor agency under Public Law 103-354'' and adding ``Form
RD'' in its place; and
0
e. In paragraph (f):
0
i. Removing ``to FmHA or its successor agency under Public Law 103-
354'' and adding ``to Rural Development'' in its place;
0
ii. Removing ``BENEFIT OF FmHA or its successor agency under Public Law
103-354'' and adding ``benefit of RURAL DEVELOPMENT'' in its place; and
0
iii. Removing ``UNDER FmHA or its successor agency under Public Law
103-354'' wherever it occurs and adding ``UNDER RURAL DEVELOPMENT'' in
its place.
Sec. 1980.498 [Amended]
0
397. Amend Sec. 1980.498 by:
0
a. In paragraphs (k) introductory text, (k)(4), and (k)(5), removing
``FmHA or its successor agency under Public Law 103-354'' and adding
``RD'' in its place;
0
b. In paragraph (m)(5) introductory text, removing ``FmHA or its
successor agency under Public Law 103-354'' and adding ``Rural
Development'' in its place; and
[[Page 9911]]
0
c. In paragraph (m)(5)(iii), removing ``Form FmHA or its successor
agency under Public Law 103-354 410-1, ``Application for FmHA or its
successor agency under Public Law 103-354 Services,'' or Form FmHA or
its successor agency under Public Law 103-354 449-1'' and adding ``Form
RD 449-1'' in its place.
Appendices A and B to Subpart E of Part 1980 [Removed and Reserved]
0
398. Appendices A and B to Subpart E of Part 1980 are removed and
reserved.
Appendix D to Subpart E of Part 1980 [Amended]
0
399. Amend Appendix D to Subpart E of Part 1980 by removing:
0
a. ``the Farmers Home Administration or its successor agency under
Public Law 103-354 (FmHA or its successor agency under Public Law 103-
354)'' in paragraph (I)(B) and adding ``Rural Development'' in its
place;
0
b. ``FmHA or its successor agency under Public Law 103-354'' wherever
it occurs in paragraphs (I)(B)(2)(a), (II)(A)(2)(g)(ii), (III)(A)(2),
(III)(E) introductory text, (III)(E)(2), (III)(G), (IV)(A), and
(IV)(B)(1) and adding ``Rural Development'' in its place; and
0
c. ``Form FmHA or its successor agency under Public Law 103-354'' in
paragraph (IV)(B)(3) and adding ``Form RD'' in its place.
Appendix E to Subpart E of Part 1980 [Amended]
0
400. Amend Appendix E to Subpart E of Part 1980 by removing:
0
a. ``FmHA or its successor agency under Public Law 103-354's position''
in paragraph (I) and adding ``Rural Development's position'' in its
place;
0
b. ``an FmHA or its successor agency under Public Law 103-354 action''
in paragraph (II) and adding ``a Rural Development action'' in its
place; and
0
c. ``the FmHA or its successor agency under Public Law 103-354 action''
wherever it occurs in paragraph (II) and adding ``the Rural Development
action'' in its place;
0
d. ``FmHA or its successor agency under Public Law 103-354 project'' in
paragraph (IV)(2) and adding ``Rural Development project'' in its
place;
0
e. ``or FmHA or its successor agency under Public Law 103-354'' in
paragraph (XIII) and adding ``or Rural Development'' in its place; and
0
f. ``by FmHA or its successor agency under Public Law 103-354'' in
paragraph (XVII) and adding ``by Rural Development'' in its place.
Appendix F to Subpart E of Part 1980 [Removed and Reserved]
0
401. Appendix F to subpart E of Part 1980 is removed and reserved.
0
402. Amend Appendix I to Subpart E of Part 1980 by:
0
a. Removing ``, and appear in the Federal Register following the body
of this appendix as Exhibits A, B, and C in the following order'' in
paragraph A. introductory text;
0
b. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' in paragraphs X.D and X.F and adding ``Form RD'' in its place;
0
c. Removing ``will be used'' in paragraphs A.(1) through (3), IV., and
E.1 and 2, and adding ``or successor form will be used'' in its place;
0
d. Removing ``FmHA or its successor agency under Public Law 103-354
will not'' in paragraph D. introductory text, and adding ``Rural
Development will not'' in its place;
0
e. Removing ``by FmHA or its successor agency under Public Law 103-
354'' in paragraph D.(2) and adding ``by Rural Development'' in its
place;
0
f. Removing ``are FmHA or its successor agency under Public Law 103-
354'' in paragraph J. and adding ``are Rural Development'' in its
place;
0
g. Removing ``FmHA or its successor agency under Public Law 103-354
has'' in paragraph J. and adding ``Rural Development has'' in its
place; and
0
h. Removing Exhibits A through C.
Appendix K to Subpart E of Part 1980 [Amended]
0
403. Amend Appendix K to Subpart E of Part 1980 by:
0
a. Removing ``, and appear in the Federal Register following the body
of this appendix as exhibits A, B, and C in the following order'' in
the introductory text;
0
b. Removing ``Form FmHA or its successor agency under Public Law 103-
354'' wherever it occurs in paragraphs A.(1) through (3) and G. and
adding ``Form RD'' in its place;
0
c. Removing ``will be used'' in paragraphs A.(1) thorugh (3) and adding
``or successor form will be used'' in its place;
0
d. Removing ``FmHA or its successor agency under Public Law 103-354
Instruction'' and ``FmHA or its successor agency under Public Law 103-
354 insruction'' wherever they occur in paragraphs B. through F., H.,
J., and K. and adding ``RD Instruction'' in their place;
0
e. Removing ``other FmHA or its successor agency under Public Law 103-
354-type farm loan'' in paragraph C. and adding ``other Rural
Development-type farm loan'' in its place;
0
f. Removing ``FmHA or its successor agency under Public Law 103-354
will'' in paragraph D. and adding ``Rural Development will'' in its
place;
0
g. Removing ``by FmHA or its successor agency under Public Law 103-
354'' in paragraph D. and adding ``by Rural Development'' in its place;
0
h. Removing ``will FmHA or its successor agency under Public Law 103-
354'' in paragraph D. and adding ``will Rural Development'' in its
place;
0
i. Removing ``FmHA or its successor agency under Public Law 103-354's''
in paragraph F. and adding ``Rural Development's'' in its place;
0
j. Removing ``Guarantee DARBE,'' issued on'' in paragraph G. and adding
``Guarantee DARBE, '' (or successor form) issued on'' in its place;
0
k. Removing ``are FmHA or its successor agency under Public Law 103-
354'' in paragraph J. and adding ``are Rural Development'' in its
place;
0
l. Removing ``FmHA or its successor agency under Public Law 103-354
guaranteed loans'' in paragraph J. and adding ``Rural Development
guaranteed loans'' in its place;
0
m. Removing ``FmHA or its successor agency under Public Law 103-354
has'' and adding ``Rural Development has'' in paragraph J. in its
place; and
0
n. Removing Exhibits A through C.
Exhibit G to Subpart E of Part 1980 [Amended]
0
404. Amend the Note to Exhibit G to Subpart E of Part 1980 by removing
``FmHA or its successor agency under Public Law 103-354'' and adding
``Rural Development'' in its place.
CHAPTER XXXV--RURAL HOUSING SERVICE, DEPARTMENT OF AGRICULTURE
PART 3550--DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS
0
405. The authority citation for part 3550 continues to read as follows:
Authority: 5 U.S.C. 301; 42 U.S.C. 1480.
Subpart C--Section 504 Origination and Section 306C Water and Waste
Disposal Grants
Sec. 3550.103 [Amended]
0
406. Amend Sec. 3550.103(g) by removing ``FmHA'' and adding ``RD'' in
its place.
0
407. In Sec. 3550.116, revise paragraph (c) to read as follows:
Sec. 3550.116 Definitions applicable to WWD grants only.
* * * * *
[[Page 9912]]
(c) Rural areas. Includes unincorporated areas and any city or town
with a population not in excess of 10,000 inhabitants. The population
figure is obtained from the most recent decennial Census of the United
States (decennial Census). If the applicable population figure cannot
be obtained from the most recent decennial Census, RD will determine
the applicable population figure based on available population data.
* * * * *
PART 3560--DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS
0
408. The authority citation for part 3560 continues to read as follows:
Authority: 42 U.S.C. 1480.
Subpart A--General Provisions and Definitions
Sec. 3560.11 [Amended]
0
409. In Sec. 3560.11, revise the definition of ``Rural area'' to read
as follows:
Sec. 3560.11 Definitions.
* * * * *
Rural area. An area classified as a rural area prior to October 1,
1990, (even if within a Metropolitan Statistical Area), and any area
deemed to be a `rural area' under any other provision of law at any
time during the period beginning January 1, 2000, and ending December
31, 2010, shall continue to be so classified until the receipt of data
from the decennial census in the year 2020 if such area has a
population exceeding 10,000, but not in excess of 35,000, is rural in
character, and has a serious lack of mortgage credit for low- and
moderate-income families.
* * * * *
Subpart B--Direct Loan and Grant Origination
Sec. 3560.57 [Amended]
0
410. Amend Sec. 3560.57(c) by removing ``most recent census data, or''
and adding ``most recent decennial Census of the United States, or'' in
its place.
PART 3570--COMMUNITY PROGRAMS
0
411. The authority citation for part 3570 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
0
412. Revise Sec. 3570.51(h) to read as follows:
Sec. 3570.51 General.
* * * * *
(h) The income data used to determine median household income must
be that which accurately reflects the income of the population to be
served by the proposed facility. The median household income of the
service area and the nonmetropolitan median household income for the
State will be determined using 5-year income data from the American
Community Survey (ACS) or, if needed, other Census Bureau data. If
there is reason to believe that the ACS or other Census Bureau data
does not accurately represent the median household income within the
area to be served, this will be documented and the applicant may
furnish, or RD may obtain, additional information regarding such median
household income data. Information must consist of reliable data from
local, regional, State, or Federal sources or from a survey conducted
by a reliable impartial source.
* * * * *
0
413. In Sec. 3570.53, revise the definition of ``Rural and rural
area'' to read as follows:
Sec. 3570.53 Definitions.
* * * * *
Rural and rural area. For fiscal year 1999, the terms ``rural'' and
``rural area'' include a city or town with a population of 20,000 or
less inhabitants. There is no limitation placed on population in open
rural areas. After fiscal year 1999, the terms ``rural'' and ``rural
area'' include a city, town, or unincorporated area that has a
population of 50,000 inhabitants or less, other than an urbanized area
immediately adjacent to a city, town, or unincorporated area that has a
population in excess of 50,000 inhabitants. The population figures are
obtained from the most recent decennial Census of the United States
(decennial Census). If the applicable population figures cannot be
obtained from the most recent decennial Census, RD will determine the
applicable population figures based on available population data.
* * * * *
PART 3575--GENERAL
0
414. The authority citation for part 3575 continues to read as follows:
Authority: 5 U.S.C. 301, 7 U.S.C. 1989.
Subpart A--Community Programs Guaranteed Loans
0
415. In Sec. 3575.2, revise the definition of ``Rural and rural area''
to read as follows:
Sec. 3575.2 Definitions.
* * * * *
Rural and rural area. The terms ``rural'' and ``rural area'' mean a
city, town, or unincorporated area that has a population of 50,000
inhabitants or less, other than an urbanized area immediately adjacent
to a city, town, or unincorporated area that has a population in excess
of 50,000 inhabitants. The population figure is obtained from the most
recent decennial Census of the United States (decennial Census). If the
applicable population figure cannot be obtained from the most recent
decennial Census, RD will determine the applicable population figure
based on available population data.
* * * * *
CHAPTER XLII--RURAL BUSINESS-COOPERATIVE SERVICE AND RURAL UTILITIES
SERVICE, DEPARTMENT OF AGRICULTURE
PART 4274--DIRECT AND INSURED LOANMAKING
0
416. The authority citation for part 4274 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1932 note; 7 U.S.C. 1989.
0
417. In Sec. 4274.302(a), remove the defintion of ``Rural or rural
area'' and add the definition of ``Rural area'' in alphabetical order
to read as follows:
Sec. 4274.302 Definitions and abbreviations.
(a) * * *
Rural area. All territory of a State that is not within the outer
boundary of any city having a population of 25,000 or more. The
population figure is obtained from the most recent decennial Census of
the United States (decennial Census). If the applicable population
figure cannot be obtained from the most recent decennial Census, RD
will determine the applicable population figure based on available
population data.
* * * * *
0
418. In Sec. 4274.344, revise paragraphs (c)(2) introductory text and
(c)(2)(vi) introductory text to read as follows:
Sec. 4274.344 Filing and processing applications for loans.
* * * * *
(c) * * *
(2) Employment. For computations under this paragraph, income data
should be 5-year income data from the American Community Survey (ACS)
or, if needed, other Census Bureau data, updated according to changes
in the consumer price index. If there is reason to believe that the ACS
or other Census Bureau data does not accurately represent the median
household income of the service area, the reasons will be documented
and the borrower may furnish, or RD may obtain, additional information
regarding such median household income data. Information must consist
of reliable data from local,
[[Page 9913]]
regional, State or Federal sources or from a survey conducted by a
reliable impartial source. The poverty line used will be as defined in
section 673 (2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)). Unemployment data used will be that published by the Bureau
of Labor Statistics, U.S. Department of Labor.
* * * * *
(vi) The population of the service area according to the most
recent decennial Census was lower than that recorded by the previous
decennial Census (or as equivalently determined using another data
source if the other data source was used in determining whether the
area was rural) by the following percentage:
* * * * *
PART 4279--GUARANTEED LOANMAKING
0
419. The authority citation for part 4279 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1932(a); and 7 U.S.C. 1989.
Subpart A--General
0
420. In Sec. 4279.2, revise the definition of ``Poor'' to read as
follows:
Sec. 4279.2 Definitions and abbreviations.
* * * * *
Poor. A community or area is considered poor if either the county,
city, or census tract where the community or area is located has a
median household income at or below the poverty line for a family of
four; has a median household income below the nonmetropolitan median
household income for the State; or has a population of which 25 percent
or more have income at or below the poverty line. The determination of
``poor'' will be based on 5-year data from the American Community
Survey (ACS) or, if needed, other Census Bureau data. If there is
reason to believe that the ACS or other Census Bureau data does not
accurately represent the median household income of the community or
area, the reasons will be documented and the borrower may furnish, or
RD may obtain, additional information regarding such median household
income data. Information must consist of reliable data from local,
regional, State or Federal sources or from a survey conducted by a
reliable impartial source.
* * * * *
PART 4280--LOANS AND GRANTS
0
421. The authority citation for part 4280 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 904c; 7 U.S.C. 8107.
Subpart A--Rural Economic Development Loan and Grant Program
0
422. In Sec. 4280.3, remove the definition of ``Rural area'' and add
the definition of ``Rural or rural area'' in alphabetical order to read
as follows:
Sec. 4280.3 Definitions.
* * * * *
Rural or rural area. See 7 U.S.C. 1991(a)(13)(A) and (D) et seq.
* * * * *
0
423. Revise Sec. 4280.42(b)(7) to read as follows:
Sec. 4280.42 Application evaluation and selection.
* * * * *
(b) * * *
(7) Decline in population for the county where the Project is
physically located. If there has been a decline in population in the
county where the Project will be located over the time period covered
by the two most recent decennial Censuses to the present (or equivalent
time frame if using a data source other than the decennial Census),
Rural Development will award 10 points.
* * * * *
Subpart B--Rural Energy for America Program General
Sec. 4280.103 [Amended]
0
424. Amend Sec. 4280.103 by removing ``the latest decennial census''
in the introductory text to the definition of ``Rural or rural area''
and adding ``the most recent decennial Census'' in its place.
Subpart D--Rural Microentrepreneur Assistance Program
0
425. In Sec. 4280.302(a), revise the first sentence of the definition
of ``Rural or rural area'' to read as follows:
4280.302 Definitions and abbreviations.
(a) * * *
Rural or rural area. Any area of a State not in a city or town that
has a population of more than 50,000 inhabitants, according to the most
recent decennial Census of the United States (decennial Census), and
the contiguous and adjacent urbanized area, and any area that has been
determined to be ``rural in character'' by the Under Secretary for
Rural Development, or as otherwise identified in this definition.
* * *
* * * * *
Sec. 4280.316 [Amended]
0
426. Amend Sec. 4280.316(b)(1)(v) by removing ``the latest applicable
decennial census'' and adding ``the most recent decennial Census'' in
its place.
PART 4284--GRANTS
0
427. The authority citation for part 4284 continues to read as follows:
Authority: 5 U.S.C. 301 and 7 U.S.C. 1989.
Subpart F also issued under 7 U.S.C. 1932(e).
Subpart G also issued under 7 U.S.C. 1926(a)(11).
Subpart J also issued under 7 U.S.C. 1621 note.
Subpart K also issued under 7 U.S.C. 1621 note.
Subpart A--General Requirements for Cooperative Service Grant
Programs
Sec. 4284.3 [Amended]
0
428. Amend Sec. 4284.3 by removing ``the latest decennial census'' in
the definition of ``rural and rural area'' and adding ``the most recent
decennial Census'' in its place.
Subpart G--Rural Business Opportunity Grants
0
429. In Sec. 4284.603, revise the definitions of ``long-term'' and
``rural and rural area'' to read as follows:
Sec. 4284.603 Definitions.
* * * * *
Long-term. The period of time covered by the three most recent
decennial Censuses of the United States to the present.
* * * * *
Rural and rural area. Any area other than a city or town that has a
population of greater than 50,000 inhabitants including the urbanized
area contiguous and adjacent to such a city or town. The population
figure used must be in accordance with the most recent decennial Census
of the United States.
* * * * *
PART 4288--PAYMENT PROGRAMS
0
430. The authority citation for part 4288 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989.
Subpart A--Repowering Assistance Payments to Eligible Biorefineries
Sec. 4288.2 [Amended]
0
431. Amend Sec. 4288.2 by removing ``the latest decennial census'' in
the introductory text of the definition of ``Rural or rural area'' and
adding ``the most recent decennial Census'' in its place.
[[Page 9914]]
PART 4290--RURAL BUSINESS INVESTMENT COMPANY (``RBIC'') PROGRAM
0
432. The authority citation for part 4290 continues to read as follows:
Authority: 7 U.S.C. 1989 and 209cc et seq.
Subpart B--Definition of Terms Used in Part 4290
0
433. In Sec. 4290.50, revise the introductory text of the definition
of ``Rural Area'' and revise the definition of ``Urban Area'' to read
as follows:
Sec. 4290.50 Definition of terms.
* * * * *
Rural Area means any area of a State not in a city or town that has
a population of more than 50,000 inhabitants, according to the most
recent decennial Census of the United States (decennial Census), or in
the urbanized area contiguous and adjacent to a city or town that has a
population of more than 50,000 inhabitants, and any area that has been
determined to be ``rural in character'' by the Under Secretary for
Rural Development, or as otherwise identified in this definition.
* * * * *
Urban Area means an area containing a city (or its equivalent), or
any equivalent geographic area determined by the Census Bureau and
adopted by the Secretary for purposes of this definition (about which
the Secretary will publish a document in the Federal Register from time
to time), which had a population of over 150,000 in the most recent
decennial Census and the urbanized areas containing or adjacent to that
city, both as determined by the Bureau of the Census for the most
recent decennial Census.
* * * * *
Dated: January 15, 2015.
Lisa Mensah,
Under Secretary, Rural Development.
Dated: January 23, 2015.
Michael Scuse,
Under Secretary, Farm and Foreign Agricultural Services.
[FR Doc. 2015-01571 Filed 2-23-15; 8:45 am]
BILLING CODE 3410-XY-P