OneRD Guaranteed Loan Regulation; Corrections, 7367-7368 [2022-02710]

Download as PDF 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