OneRD Guaranteed Loan Regulation; Corrections, 7367-7368 [2022-02710]
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7367
Rules and Regulations
Federal Register
Vol. 87, No. 27
Wednesday, February 9, 2022
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
FOR FURTHER INFORMATION CONTACT:
Lauren Cusick, Regulations
Management Division, Rural
Development Innovation Center, U.S.
Department of Agriculture, 1400
Independence Ave. SW, Stop 1522,
Washington, DC 20250; telephone (202)
720–1414; email lauren.cusick@
usda.gov.
7 CFR Part 5001
Rural
Development’s Rural BusinessCooperative Service, Rural Housing
Service, and Rural Utilities Service are
issuing corrections to the final rule that
published December 10, 2021, at 86 FR
70349 and to 7 CFR part 5001.
[Docket No. RUS–19–Agency–0030]
List of Subjects in 7 CFR Part 5001
SUPPLEMENTARY INFORMATION:
Rural Housing Service
Rural Business-Cooperative Service
RIN 0572–AC56
OneRD Guaranteed Loan Regulation;
Corrections
Rural Business-Cooperative
Service, Rural Housing Service, Rural
Utilities Service, Department of
Agriculture (USDA).
ACTION: Final rule; correction and
correcting amendments.
AGENCY:
VerDate Sep<11>2014
16:18 Feb 08, 2022
Jkt 256001
Business and industry, Community
facility, Energy efficiency improvement,
Loan programs, Renewable energy,
Rural areas, Rural development, Water
and waste disposal.
In FR Doc. 2021–26160, appearing on
page 70349 in the Federal Register of
December 10, 2021, make the following
correction:
§ 5001.452
On December 10, 2021, Rural
Development’s Rural BusinessCooperative Service, Rural Housing
Service, and Rural Utilities Service,
agencies of the United States
Department of Agriculture (USDA),
published a final rule with comment for
the oneRD Guarantee Loan Program
(oneRD). The final rule made necessary
revisions to the policy and procedures
that strengthened the oversight and
management of the growing Community
Facilities, Water and Waste Disposal,
Business and Industry, and Rural
Energy for America guarantee portfolios.
The final rule had an omission of
information in the preamble and
contained errors in the amendatory
language. This document corrects the
final regulation.
DATES: This rule is effective February 9,
2022.
ADDRESSES: Address all comments
concerning this correction to Lauren
Cusick, Regulations Management
Division, Rural Development Innovation
Center, U.S. Department of Agriculture,
1400 Independence Ave. SW, Stop
1522, Washington, DC 20250; telephone
SUMMARY:
lotter on DSK11XQN23PROD with RULES1
(202) 720–1414; email lauren.cusick@
usda.gov.
[Corrected]
1. On page 70358, in the second
column, Instruction 22 for § 5001.452, is
corrected by removing the phrase ‘‘and
adding paragraph (b)(i)(iii)(L)(3)’’. For
the reasons discussed in the preamble,
7 CFR part 5001 is corrected by making
the following correcting amendments:
■
PART 5001—GUARANTEED LOANS
1. The authority citation for part 5001
continues to read as follows:
■
Authority: 5 U.S.C. 301; 7 U.S.C. 1926(a);
7 U.S.C. 1932(a); and 7 U.S.C. 8107.
2. Amend § 5001.141 by revising
paragraph (a)(2) to read as follows:
■
§ 5001.141
New markets tax credits.
*
*
*
*
*
(a) * * *
(2) The provisions of § 5001.127(f)
notwithstanding, a lender that is a CDE
or sub-CDE may have an ownership
interest in the borrower provided that
each condition specified in paragraphs
(a)(2)(i) through (iii) of this section is
met.
(i) The lender does not have an
ownership interest in the borrower prior
to the application.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
(ii) The lender does not take a
controlling interest in the borrower.
(iii) The lender does not provide
equity or take an ownership interest in
a borrower at a level that would result
in the lender owning 20 percent or more
interest in the borrower.
*
*
*
*
*
■ 3. Amend § 5001.202 by revising
paragraph (b)(5) to read as follows:
§ 5001.202
Lender’s credit evaluation.
*
*
*
*
*
(b) * * *
(5) Conditions. This paragraph (b)(5)
refers to the general business
environment, including the regulatory
environment affecting the business or
industry, and status of the Borrower’s
industry. Consideration will be given to
items listed in paragraphs (b)(5)(i)
through (ix) of this section and when
applicable the lender should submit
supporting documentation (e.g.,
feasibility study, market study,
preliminary architectural or engineering
reports, etc.) in accordance with
§§ 5001.304 through 5001.307:
(i) Availability and depth of resource/
feedstock market, strength and duration
of purchase agreements and availability
of substitutes;
(ii) Analysis of current and future
market potential and off-take
agreements, competition, type of project
(service, product, or commodity based);
(iii) Energy infrastructure, availability
and dependability, transportation and
other infrastructure, and environmental
considerations;
(iv) Technical feasibility including
demonstrated performance of the
technology and integrated processing
equipment and systems, developer
system performance guarantees, or
technology insurance;
(v) Complexity of construction and
completion, terms of construction
contracts, experience and financial
strength of the construction contractor
or engineering, procurement, and
construction (EPC) contractor;
(vi) Contracts and intellectual
property rights, licenses, permits, and
state and local regulations;
(vii) Creditworthiness of any
counterparties, as applicable;
(viii) Industry-related public policy
issues; and
(ix) Other criteria that the lender or
Agency deems relevant to the project.
*
*
*
*
*
E:\FR\FM\09FER1.SGM
09FER1
7368
Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 / Rules and Regulations
4. Amend § 5001.204 by revising
paragraph (b) to read as follows:
§ 5001.204 Personal, partnership, and
corporate guarantees.
*
*
*
*
*
(b) When warranted by an Agency
assessment of potential financial risk,
the Agency may require the following:
(1) Guarantees to be secured;
(2) Guarantees from any person or
entity owning less than a 20-percent
Interest or membership in the borrower;
and
(3) Guarantees from persons whose
ownership Interest in the borrower is
held indirectly through intermediate or
affiliated entities.
*
*
*
*
*
§ 5001.451
[Amended]
5. Amend § 5001.451 by redesignating
the second paragraph (b)(3)(xiii) and
paragraph (b)(3)(xiv) as paragraphs
(b)(3)(xiv) and (xv), respectively.
■
Justin Maxson,
Deputy Under Secretary, Rural Development.
[FR Doc. 2022–02710 Filed 2–8–22; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–1003; Project
Identifier AD–2021–01141–R; Amendment
39–21899; AD 2022–02–02]
RIN 2120–AA64
Airworthiness Directives; Bell Textron
Inc. (Type Certificate Previously Held
by Bell Helicopter Textron Inc.)
Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
The FAA is correcting an
airworthiness directive (AD) that
published in the Federal Register. That
AD applies to Bell Textron Inc. (type
certificate previously held by Bell
Helicopter Textron Inc.) Model 204B,
205A, 205A–1, 205B, 210, and 212
helicopters with a certain outboard
main rotor hub strap pin (pin) installed.
As published, the AD number specified
in the regulatory text is incorrect. This
document corrects that error. In all other
respects, the original document remains
the same.
DATES: This correction is effective
February 16, 2022. The effective date of
AD 2022–02–02 remains February 16,
2022.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:18 Feb 08, 2022
Jkt 256001
You may examine the AD
docket at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2021–1003, or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
final rule, any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
ADDRESSES:
■
FOR FURTHER INFORMATION CONTACT:
David Wilson, Aerospace Engineer,
DSCO Branch, Compliance &
Airworthiness Division, FAA, 10101
Hillwood Pkwy., Fort Worth, TX 76177;
telephone (817) 222–5786; email
david.wilson@faa.gov.
AD 2022–
02–02, Amendment 39–21899 (87 FR
1668, January 12, 2022) (AD 2022–02–
02), requires removing any pin part
number 204–012–104–005 with a serial
number prefix ‘‘FNFS’’ from service and
prohibits installing the affected pin on
any helicopter.
SUPPLEMENTARY INFORMATION:
Need for the Correction
As published, the AD number
specified in the regulatory text is
incorrect. The incorrectly specified AD
number was FAA–2021–1003; the
correct AD number is 2022–02–02.
Correction of Publication
This document corrects an error and
correctly adds the AD as an amendment
to 14 CFR 39.13. Although no other part
of the preamble or regulatory
information has been corrected, the
FAA is publishing the entire rule in the
Federal Register.
The effective date of this AD remains
February 16, 2022.
Since this action only corrects the AD
number, it has no adverse economic
impact and imposes no additional
burden on any person. Therefore, the
FAA has determined that notice and
public comment procedures are
unnecessary.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
Adoption of the Correction
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Corrected]
2. The FAA amends § 39.13 by:
a. Removing Airworthiness Directive
2021–15–51, Amendment 39–21678 (86
FR 43406, August 9, 2021); and
■ b. Adding the following new
airworthiness directive:
■
■
2022–02–02 Bell Textron Inc. (Type
Certificate Previously Held by Bell
Helicopter Textron Inc.): Amendment
39–21899; Docket No. FAA–2021–1003;
Project Identifier AD–2021–01141–R.
(a) Effective Date
This airworthiness directive (AD) is
effective February 16, 2022.
(b) Affected ADs
This AD replaces AD 2021–15–51,
Amendment 39–21678 (86 FR 43406, August
9, 2021) (AD 2021–15–51).
(c) Applicability
This AD applies to Bell Textron Inc. (type
certificate previously held by Bell Helicopter
Textron Inc.) Model 204B, 205A, 205A–1,
205B, 210, and 212 helicopters, certificated
in any category, with an outboard main rotor
hub strap pin (pin) part number 204–012–
104–005 with a serial number prefix ‘‘FNFS’’
installed.
(d) Subject
Joint Aircraft System Component (JASC)
Code: 6200, Main Rotor System.
(e) Unsafe Condition
This AD was prompted by a fatal accident
in which a pin sheared off during flight,
which resulted in the main rotor blade and
the main rotor head detaching from the
helicopter. The FAA is issuing this AD to
address this unsafe condition and prevent
loss of control of the helicopter.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions
(1) For Model 204B, 205A, 205A–1, 205B,
and 212 helicopters:
(i) Before further flight from August 24,
2021 (the effective date of AD 2021–15–51),
remove from service any pin that is identified
in paragraph (c) of this AD.
(ii) After August 24, 2021 (the effective
date of AD 2021–15–51), do not install any
pin that is identified in paragraph (c) of this
AD on any helicopter.
(2) For Model 210 helicopters:
(i) Before further flight after the effective
date of this AD, remove from service any pin
that is identified in paragraph (c) of this AD.
(ii) As of the effective date of this AD, do
not install any pin that is identified in
paragraph (c) of this AD on any helicopter.
E:\FR\FM\09FER1.SGM
09FER1
]]>Agencies
[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Rules and Regulations]
[Pages 7367-7368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02710]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 87, No. 27 / Wednesday, February 9, 2022 /
Rules and Regulations
[[Page 7367]]
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
Rural Housing Service
Rural Business-Cooperative Service
7 CFR Part 5001
[Docket No. RUS-19-Agency-0030]
RIN 0572-AC56
OneRD Guaranteed Loan Regulation; Corrections
AGENCY: Rural Business-Cooperative Service, Rural Housing Service,
Rural Utilities Service, Department of Agriculture (USDA).
ACTION: Final rule; correction and correcting amendments.
-----------------------------------------------------------------------
SUMMARY: On December 10, 2021, Rural Development's Rural Business-
Cooperative Service, Rural Housing Service, and Rural Utilities
Service, agencies of the United States Department of Agriculture
(USDA), published a final rule with comment for the oneRD Guarantee
Loan Program (oneRD). The final rule made necessary revisions to the
policy and procedures that strengthened the oversight and management of
the growing Community Facilities, Water and Waste Disposal, Business
and Industry, and Rural Energy for America guarantee portfolios. The
final rule had an omission of information in the preamble and contained
errors in the amendatory language. This document corrects the final
regulation.
DATES: This rule is effective February 9, 2022.
ADDRESSES: Address all comments concerning this correction to Lauren
Cusick, Regulations Management Division, Rural Development Innovation
Center, U.S. Department of Agriculture, 1400 Independence Ave. SW, Stop
1522, Washington, DC 20250; telephone (202) 720-1414; email
[email protected].
FOR FURTHER INFORMATION CONTACT: Lauren Cusick, Regulations Management
Division, Rural Development Innovation Center, U.S. Department of
Agriculture, 1400 Independence Ave. SW, Stop 1522, Washington, DC
20250; telephone (202) 720-1414; email [email protected].
SUPPLEMENTARY INFORMATION: Rural Development's Rural Business-
Cooperative Service, Rural Housing Service, and Rural Utilities Service
are issuing corrections to the final rule that published December 10,
2021, at 86 FR 70349 and to 7 CFR part 5001.
List of Subjects in 7 CFR Part 5001
Business and industry, Community facility, Energy efficiency
improvement, Loan programs, Renewable energy, Rural areas, Rural
development, Water and waste disposal.
In FR Doc. 2021-26160, appearing on page 70349 in the Federal
Register of December 10, 2021, make the following correction:
Sec. 5001.452 [Corrected]
0
1. On page 70358, in the second column, Instruction 22 for Sec.
5001.452, is corrected by removing the phrase ``and adding paragraph
(b)(i)(iii)(L)(3)''. For the reasons discussed in the preamble, 7 CFR
part 5001 is corrected by making the following correcting amendments:
PART 5001--GUARANTEED LOANS
0
1. The authority citation for part 5001 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1926(a); 7 U.S.C. 1932(a); and
7 U.S.C. 8107.
0
2. Amend Sec. 5001.141 by revising paragraph (a)(2) to read as
follows:
Sec. 5001.141 New markets tax credits.
* * * * *
(a) * * *
(2) The provisions of Sec. 5001.127(f) notwithstanding, a lender
that is a CDE or sub-CDE may have an ownership interest in the borrower
provided that each condition specified in paragraphs (a)(2)(i) through
(iii) of this section is met.
(i) The lender does not have an ownership interest in the borrower
prior to the application.
(ii) The lender does not take a controlling interest in the
borrower.
(iii) The lender does not provide equity or take an ownership
interest in a borrower at a level that would result in the lender
owning 20 percent or more interest in the borrower.
* * * * *
0
3. Amend Sec. 5001.202 by revising paragraph (b)(5) to read as
follows:
Sec. 5001.202 Lender's credit evaluation.
* * * * *
(b) * * *
(5) Conditions. This paragraph (b)(5) refers to the general
business environment, including the regulatory environment affecting
the business or industry, and status of the Borrower's industry.
Consideration will be given to items listed in paragraphs (b)(5)(i)
through (ix) of this section and when applicable the lender should
submit supporting documentation (e.g., feasibility study, market study,
preliminary architectural or engineering reports, etc.) in accordance
with Sec. Sec. 5001.304 through 5001.307:
(i) Availability and depth of resource/feedstock market, strength
and duration of purchase agreements and availability of substitutes;
(ii) Analysis of current and future market potential and off-take
agreements, competition, type of project (service, product, or
commodity based);
(iii) Energy infrastructure, availability and dependability,
transportation and other infrastructure, and environmental
considerations;
(iv) Technical feasibility including demonstrated performance of
the technology and integrated processing equipment and systems,
developer system performance guarantees, or technology insurance;
(v) Complexity of construction and completion, terms of
construction contracts, experience and financial strength of the
construction contractor or engineering, procurement, and construction
(EPC) contractor;
(vi) Contracts and intellectual property rights, licenses, permits,
and state and local regulations;
(vii) Creditworthiness of any counterparties, as applicable;
(viii) Industry-related public policy issues; and
(ix) Other criteria that the lender or Agency deems relevant to the
project.
* * * * *
[[Page 7368]]
0
4. Amend Sec. 5001.204 by revising paragraph (b) to read as follows:
Sec. 5001.204 Personal, partnership, and corporate guarantees.
* * * * *
(b) When warranted by an Agency assessment of potential financial
risk, the Agency may require the following:
(1) Guarantees to be secured;
(2) Guarantees from any person or entity owning less than a 20-
percent Interest or membership in the borrower; and
(3) Guarantees from persons whose ownership Interest in the
borrower is held indirectly through intermediate or affiliated
entities.
* * * * *
Sec. 5001.451 [Amended]
0
5. Amend Sec. 5001.451 by redesignating the second paragraph
(b)(3)(xiii) and paragraph (b)(3)(xiv) as paragraphs (b)(3)(xiv) and
(xv), respectively.
Justin Maxson,
Deputy Under Secretary, Rural Development.
[FR Doc. 2022-02710 Filed 2-8-22; 8:45 am]
BILLING CODE 3410-15-P
