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Rural Development Regulations-Update to FmHA References and to Census References

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Start Preamble Start Printed Page 9856

AGENCY:

Rural Business-Cooperative Service, Rural Housing Service, Rural Utilities Service, Farm Service Agency, U.S. Department of Agriculture (USDA).

ACTION:

Direct final rule.

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are being implemented to show the regulations that do not apply to the Farm Service Agency (FSA) and to remove outdated or unnecessary language.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: http://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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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 Start Printed Page 9857Development.” 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 Start Printed Page 9858Survey (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.

Start List of Subjects

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

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

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
End List of Subjects

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

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PART 1709—ASSISTANCE TO HIGH ENERGY COST COMMUNITIES

End Part Start Amendment Part

1. The authority citation for part 1709 continues to read as follows:

End Amendment Part Start Authority

Authority: 5 U.S.C. 301, 7 U.S.C. 901 et seq.

End Authority

Subpart B—RUS High Energy Cost Grant Program

[Amended]
Start Amendment Part

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.

End Amendment Part Start Amendment Part

3. Revise § 1709.123(c)(2) to read as follows:

End Amendment Part
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

Start Amendment Part

4. Revise § 1709.210(c)(3) to read as follows:

End Amendment Part
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.

* * * * *
Start Part Start Printed Page 9861

PART 1714—PRE-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS

End Part Start Amendment Part

5. The authority citation for part 1714 continues to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 901 et seq.; 1921 et seq.; and 6941 et seq.

End Authority

Subpart A—General

Start Amendment Part

6. Revise the second and third sentences in § 1714.5(d) to read as follows:

End Amendment Part
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. * * *

Start Amendment Part

7. Revise § 1714.7(b)(2)(i) and (ii) to read as follows:

End Amendment Part
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.

* * * * *
Start Part

PART 1735—GENERAL POLICIES, TYPES OF LOANS, LOAN REQUIREMENTS-TELECOMMUNICATIONS PROGRAM

End Part Start Amendment Part

8. The authority citation for part 1735 continues to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 901 et seq., 1921 et seq., and 6941 et seq.

End Authority

Subpart A—General

Start Amendment Part

9. In § 1735.2, revise the definition of “Rural area” to read as follows:

End Amendment Part
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

Start Amendment Part

10. Revise § 1735.10(g) to read as follows:

End Amendment Part
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.

Start Part

PART 1737—PRE-LOAN POLICIES AND PROCEDURES COMMON TO INSURED AND GUARANTEED TELECOMMUNICATIONS LOANS

End Part Start Amendment Part

11. The authority citation for part 1737 continues to read as follows:

End Amendment Part Start Authority

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.).

End Authority Start Amendment Part

12. In § 1737.2, revise the definition of “Rural area” to read as follows:

End Amendment Part
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.

* * * * *
Start Part

PART 1738—RURAL BROADBAND ACCESS LOANS AND LOAN GUARANTEES

End Part Start Amendment Part

13. The authority citation for part 1738 continues to read as follows:

End Amendment Part Start Authority

Authority: Pub. L. 107-171, 7 U.S.C. 901 et seq.

End Authority

Subpart A—General

Start Amendment Part

14. In § 1738.2(a), revise the definition of “Rural area” to read as follows:

End Amendment Part
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 Start Printed Page 9862inhabitants. For purposes of the definition of rural area, an urbanized area means a densely populated territory as defined in the most recent decennial Census.

* * * * *
Start Part

PART 1739—BROADBAND GRANT PROGRAM

End Part Start Amendment Part

15. The authority citation for part 1739 continues to read as follows:

End Amendment Part Start Authority

Authority: Title III, Pub. L. 108-199, 118 Stat. 3.

End Authority Start Amendment Part

16. In § 1739.3, revise the definition of “Rural area” to read as follows:

End Amendment Part
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.

* * * * *
Start Part

PART 1740—PUBLIC TELEVISION STATION DIGITAL TRANSITION GRANT PROGRAM

End Part Start Amendment Part

17. The authority citation for part 1740 continues to read as follows:

End Amendment Part Start Authority

Authority: Consolidated Appropriations Act, 2005; Title III: Rural Development Programs; Rural Utilities Service; Distance Learning, Telemedicine, and Broadband Program; Pub. L. 108-447.

End Authority

Subpart A—Public Televsion Station Digital Transition Grant Program

[Amended]
Start Amendment Part

18. Amend § 1740.8 by:

End Amendment Part Start Amendment Part

a. In paragraph (b)(1)(i), removing “ http://www.fcc.gov/​fcc-bin/​audio/​tvq.html” and removing “, overlaid on a Census Tiger Map. The map also shows counties covered” and

End Amendment Part Start Amendment Part

b. In paragraph (c)(1), removing the last sentence.

End Amendment Part Start Part

PART 1774—SPECIAL EVALUATION ASSISTANCE FOR RURAL COMMUNITIES AND HOUSEHOLDS PROGRAM

End Part Start Amendment Part

19. The authority citation for part 1774 continues to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 1926(a)(2)(C).

End Authority

Subpart A—General Provisions

Start Amendment Part

20. In § 1774.2, revise the definitions of “Financially distressed area” and “Rural area” to read as follows:

End Amendment Part
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.

* * * * *
Start Part

PART 1775—TECHNICAL ASSISTANCE GRANTS

End Part Start Amendment Part

21. The authority citation for part 1775 continues to read as follows:

End Amendment Part Start Authority

Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.

End Authority

Subpart A—General Provisions

Start Amendment Part

22. In § 1775.2, revise the definition of “Rural area” to read as follows:

End Amendment Part
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.

* * * * *
Start Part

PART 1776—HOUSEHOLD WATER WELL SYSTEM GRANT PROGRAM

End Part Start Amendment Part

23. The authority citation for part 1776 continues to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 1926e.

End Authority

Subpart A—General

Start Amendment Part

24. In § 1776.3, revise the definition of “Eligible individual” to read as follows:

End Amendment Part
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.

* * * * *
Start Part

PART 1777—SECTION 306C WWD LOANS AND GRANTS

End Part Start Amendment Part

25. The authority citation for part 1777 continues to read as follows:

End Amendment Part Start Authority

Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.

End Authority Start Amendment Part

26. In § 1777.4, revise the definition of “Rural areas” to read as follows:

End Amendment Part
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 Start Printed Page 9863the applicable population figure based on available population data.

* * * * *
Start Amendment Part

27. Revise § 1777.12(a)(1) to read as follows:

End Amendment Part
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

* * * * *
Start Part

PART 1778—EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANTS

End Part Start Amendment Part

28. The authority citation for part 1778 continues to read as follows:

End Amendment Part Start Authority

Authority: 5 U.S.C. 301, 7 U.S.C. 1989; 16 U.S.C. 1005.

End Authority Start Amendment Part

29. In § 1778.4, revise the definition of “Rural areas” to read as follows:

End Amendment Part
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.

* * * * *
Start Amendment Part

30. Revise § 1778.10(a)(1) and (2) to read as follows:

End Amendment Part
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.

* * * * *
[Amended]
Start Amendment Part

31. Amend § 1778.13(b) by removing “decennial census of the United States” and adding “decennical Census” in its place.

End Amendment Part Start Part

PART 1779—WATER AND WASTE DISPOSAL PROGRAMS GUARANTEED LOANS

End Part Start Amendment Part

32. The authority citation for part 1779 continues to read as follows:

End Amendment Part Start Authority

Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.

End Authority Start Amendment Part

33. In § 1779.2, revise the definition of “Rural and rural area” to read as follows:

End Amendment Part
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.

* * * * *
Start Part

PART 1780—WATER AND WASTE LOANS AND GRANTS

End Part Start Amendment Part

34. The authority citation for part 1780 continues to read as follows:

End Amendment Part Start Authority

Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.

End Authority

Subpart A—General Policies and Requirements

Start Amendment Part

35. Revise the second, third, and fourth sentences of § 1780.1(b) to read as follows:

End Amendment Part
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. * * *

Start Amendment Part

36. In § 1780.3, revise the definition of “Rural and rural areas” to read as follows:

End Amendment Part
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.

* * * * *
Start Amendment Part

37. Revise § 1780.18(c)(2)(ii) to read as follows:

End Amendment Part
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:

Start Printed Page 9864

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, 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

Start Amendment Part

38. Revise § 1780.49(b)(2) to read as follows:

End Amendment Part
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.

* * * * *
Start Part

PART 1781—RESOURCE CONSERVATION AND DEVELOPMENT (RCD) LOANS AND WATERSHED (WS) LOANS AND ADVANCES

End Part Start Amendment Part

39. The authority citation for part 1781 continues to read as follows:

End Amendment Part Start Authority

Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.

End Authority
[Amended]
Start Amendment Part

40. Amend the first sentence of § 1781.2(a) by removing “, successor to the Farmers's Home Administration” in the first sentence.

End Amendment Part Start Part

PART 1783—REVOLVING FUNDS FOR FINANCING WATER AND WASTEWATER PROJECTS (REVOLVING FUND PROGRAM)

End Part Start Amendment Part

41. The authority citation for part 1783 continues to read as follows:

End Amendment Part Start Authority

Authority: 7 U.S.C. 1926 (a)(2)(B).

End Authority

Subpart A—General

Start Amendment Part

42. In § 1783.3, revise the definition of “Rural and rural area” to read as follows:

End Amendment Part
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

Start Part

PART 1806—INSURANCE

End Part Start Amendment Part

43. The authority citation for part 1806 continues to read as follows:

End Amendment Part Start Authority

Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.

End Authority

Subpart A—Real Property Insurance

[Amended]
Start Amendment Part

44. Amend § 1806.1 by:

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

45. Amend § 1806.2 by:

End Amendment Part Start Amendment Part

a. In paragraph (b)(5)(i), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

d. In paragraph (b)(11) introductory text:

End Amendment Part Start Amendment Part

i. Removing “FmHA or its successor agency under Public Law 103-354 has” and adding “the Agency has” in its place; and

End Amendment Part Start Amendment Part

ii. Removing “FmHA or its successor agency under Public Law 103-354 will” and adding “the Agency will” in its place;

End Amendment Part Start Amendment Part

iii. Removing “Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place;

End Amendment Part Start Amendment Part

d. In paragraph (b)(11)(ii), removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

k. In paragraph (d)(1) introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place; Start Printed Page 9865

End Amendment Part Start Amendment Part

l. In paragraph (d)(1)(iii)(B), removing “FmHA or its successor agency under Public Law 103-354” and adding “the” in its place;

End Amendment Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

46. Amend § 1806.3 by:

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

47. Amend § 1806.4 by:

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

b. In paragraph (a)(4), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

End Amendment Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

48. Amend § 1806.5 by:

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

b. In paragraph (a)(1), removing “the FmHA or its successor agency under Public Law 103-354 ” and adding “the Agency” in its place;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

f. In paragraph (c)(1)(iii), removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

49. Amend § 1806.6 by:

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

b. In paragraph (a)(1) introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

End Amendment Part Start Amendment Part

c. In paragraph (a)(1)(ii), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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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f. In paragraph (a)(1)(vii), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

End Amendment Part Start Amendment Part

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

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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.

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Subpart B—National Flood Insurance

[Amended]
Start Amendment Part

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.

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[Amended]
Start Amendment Part

51. Amend § 1806.22 by:

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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

End Amendment Part Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

52. Amend § 1806.23(a) by removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place.

End Amendment Part
[Amended]
Start Amendment Part

53. Amend § 1806.25 by:

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a. In the introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “The Agency” in its place and

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b. In paragraph (c)(4), removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place.

End Amendment Part Start Part

PART 1810—INTEREST RATES, TERMS, CONDITIONS, AND APPROVAL AUTHORITY

End Part Start Amendment Part

54. The authority citation for part 1810 continues to read as follows:

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Authority: 7 U.S.C. 1989; 14 U.S.C. 1480; 7 CFR 2.23; 7 CFR 2.70.

End Authority Start Printed Page 9866

Subpart A—Interest Rates, Amortization, Guarantee Fee, Annual Charge, and Fixed Period

[Amended]
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55. Amend § 1810.1 by:

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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

End Amendment Part Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

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.

End Amendment Part Start Part

PART 1822—Rural Housing Loans and Grants

End Part Start Amendment Part

57. The authority citation for part 1822 continues to read as follows:

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Authority: 42 U.S.C. 1480; 5 U.S.C. 301; 7 CFR 2.23; 7 CFR 2.70.

End Authority

Subpart G—Rural Housing Site Loan Policies, Procedures, and Authorizations

[Amended]
Start Amendment Part

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.

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[Amended]
Start Amendment Part

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.

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[Amended]
Start Amendment Part

60. Amend § 1822.265(a) by removing “FmHA or its successor agency under Public Law 103-354”.

End Amendment Part
[Amended]
Start Amendment Part

61. Amend § 1822.266(e)(4) by removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place.

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[Amended]
Start Amendment Part

62. Amend § 1822.267 by:

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a. In paragraph (b), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place;

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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”;

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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”;

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d. In paragraph (h), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;

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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

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f. In paragraph (k)(2), removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;

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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;

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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;

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i. In paragraph (l)(4), removing “FmHA or its successor agency under Public Law 103-354” and adding “Rural Development” in its place; and

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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.

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[Amended]
Start Amendment Part

63. Amend § 1822.268(a) by:

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a. Removing “charged by FmHA or its successor agency under Public Law 103-354” and adding “charged by Rural Development” in its place;

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b. Removing “FmHA or its successor agency under Public Law 103-354 Instruction” and adding “RD Instruction” in its place; and

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c. Removing “FmHA or its successor agency under Public Law 103-354 office” and adding “RD office” in its place.

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[Amended]
Start Amendment Part

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.

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[Amended]
Start Amendment Part

65. Amend § 1822.271 by:

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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

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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.

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[Amended]
Start Amendment Part

66. Amend § 1822.274 by:

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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

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b. In paragraph (c)(2), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place.

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[Amended]
Start Amendment Part

67. Amend § 1822.275(a) by removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place.

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[Amended]
Start Amendment Part

68. Amend § 1822.278(g) by:

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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

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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.

End Amendment Part Start Part

PART 1900—GENERAL

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69. The authority citation for part 1900 continues to read as follows:

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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.).

End Authority
[Amended]
Start Amendment Part

70. Amend § 1900.1 by:

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a. Removing “the Farmers Home Administration or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place; and

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b. Adding “This subpart is inapplicable to Farm Service Agency, Farm Loan Programs.” at the end of the section.

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Start Printed Page 9867
[Amended]
Start Amendment Part

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.

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[Amended]
Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

73. Amend § 1900.5 by removing “the FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.

End Amendment Part
[Amended]
Start Amendment Part

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.

End Amendment Part
[Amended]
Start Amendment Part

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.

End Amendment Part

Subpart C—Applicability of Federal Law

[Amended]
Start Amendment Part

76. Amend § 1900.101 by:

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a. In the introductory text, removing “Agency” and adding “Rural Development” in its place;

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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

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c. In paragraph (b), removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.

End Amendment Part
[Amended]
Start Amendment Part

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.

End Amendment Part

Subpart D—Processing and Servicing Rural Development Assistance to Employees, Relatives, and Associates

Start Amendment Part

78. Revise the heading of Subpart D to read as set forth above.

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79. Revise § 1900.151(a) introductory text and (b) to read as follows:

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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.

* * * * *
[Amended]
Start Amendment Part

80. Amend § 1900.152 by:

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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:

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i. `Applicant or borrower';

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ii. `Assistance';

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iii. `Employee'; and

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iv. `Recipient'; and

End Amendment Part Start Amendment Part

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'.

End Amendment Part Start Amendment Part

81. Revise § 1900.153 to read as follows:

End Amendment Part
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 § 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 Start Printed Page 9868association 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.

[Amended]
Start Amendment Part

82. Amend § 1900.155(a) by removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.

End Amendment Part
[Amended]
Start Amendment Part

83. Amend § 1900.156(g) by removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.

End Amendment Part Start Part

PART 1901—PROGRAM-RELATED INSTRUCTIONS

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84. The authority citation for part 1901 continues to read as follows:

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Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.

End Authority

Subpart K—Certificates of Beneficial Ownership and Insured Notes

[Amended]
Start Amendment Part

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.

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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:

End Amendment Part
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.

* * * * *
[Amended]
Start Amendment Part

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.

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[Amended]
Start Amendment Part

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.

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[Amended]
Start Amendment Part

89. Amend § 1901.506 by:

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a. Removing “FmHA or its successor Agency under Public Law 103-354” each time it appears and adding “Rural Development” in the following places:

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i. The section heading;

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ii. Paragraphs (a)(1), (a)(2), (a)(3);

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iii. Paragraphs (b)(1) introductory text, (b)(2), (b)(3), (b)(4), (b)(5);

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iv. Paragraphs (c)(1) introductory text, (c)(1)(i), (c)(1)(iv), (c)(2), (c)(3), (c)(4), (c)(5);Start Printed Page 9869

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v. Paragraphs (d) paragraph heading, (d)(1), (d)(2);

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vi. Paragraph (e) paragraph heading and text;

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vii. Paragraph (f)(1);

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viii. Paragraph (g) paragraph heading and text;

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ix. Paragraph (h)(1); and

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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.

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90. Amend § 1901.507 by:

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a. Revising the section heading to read as set forth below;

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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;

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c. In paragraph (c)(1), 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)(1), 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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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;

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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

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g. Revising paragraph (e) to read as follows:

End Amendment Part
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.

* * * * *
[Amended]
Start Amendment Part

91. Amend § 1901.508 by:

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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;

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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;

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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;

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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;

End Amendment Part Start Amendment Part

e. In paragraph (b)(4):

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i. 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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ii. Removing “records of FmHA or its successor Agency under Public Law 103-354” and adding “records of Rural Development” in its place; and

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iii. Removing “by FmHA or its successor Agency under Public Law 103-354” and adding “by Rural Development” in its place;

End Amendment Part Start Amendment Part

f. In paragraph (b)(5):

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i. Removing “by FmHA or its successor Agency under Public Law 103-354” wherever it occurs and adding “by Rural Development” in its place;

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ii. Removing “Form FmHA or its successor Agency under Public Law 103-354” and adding “Form RD” in its place; and

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iii. Removing “However, FmHA or its successor Agency under Public Law 103-354” and adding “However, Rural Development” in its place; and

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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.

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[Amended]
Start Amendment Part

92. Amend § 1901.509 by:

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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;

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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;

End Amendment Part Start Amendment Part

c. In paragraph (b)(5):

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i. Removing “and FmHA or its successor Agency under Public Law 103-354” and adding “and Rural Development” in its place;

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ii. Removing “to FmHA or its successor Agency under Public Law 103-354” and adding “to Rural Development” in its place; and

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iii. Removing “by FmHA or its successor Agency under Public Law 103-354” and adding “by Rural Development” in its place; and

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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

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e. In paragraph (d), removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place.

End Amendment Part Start Part

PART 1902—SUPERVISED BANK ACCOUNTS

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93. The authority citation for part 1902 continues to read as follows:

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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.).

End Authority

Subpart A—Supervised Bank Accounts of Loan, Grant, and Other Funds

[Amended]
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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.”

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[Amended]
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95. Amend § 1902.4 by:

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a. In paragraph (a)(1), removing “FmHA or its successor agency under Public Law 103-354” and adding “government” in its place; and

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b. In paragraph (b)(2):

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i. Removing “the FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place;

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ii. Removing “FmHA or its successor Agency under Public Law 103-354 will” and adding “Rural Development will” in its place; and

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iii. Removing “Form FmHA or its successor Agency under Public Law 103-354” and adding “Form RD” in its place.

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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.

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[Amended]
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97. Amend § 1902.10 by:

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a. In paragraph (b), removing “FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place; and

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b. In paragraph (c), removing “Form FmHA or its successor Agency under Public Law 103-354” and adding “Form RD” in its place.

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98. Amend § 1902.15 by:

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a. In the introductory text:

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i. Removing “When FmHA or its successor Agency under Public Law 103-354” and adding “When Rural Development” in its place;

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ii. Removing “Form FmHA or its successor Agency under Public Law 103-354” and adding “Form RD” in its place; and

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iii. Removing “FmHA or its successor Agency under Public Law 103-354's” and adding “Rural Development's” in its place.

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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;

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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;

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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;

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e. In paragraph (c)(1)(ii):

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i. Removing “FmHA or its successor Agency under Public Law 103-354 indebtedness” and adding “Rural Development indebtedness” in its place;

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ii. Removing “FmHA or its successor Agency under Public Law 103-354 borrower” and adding “Rural Development borrower” in its place; and

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iii. Removing “the FmHA or its successor Agency under Public Law 103-354” and adding “Rural Development” in its place; and

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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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99. Amend § 1902.16 by:

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a. In paragraph (c), removing “FmHA or its successor agency under Public Law 103-354s” and adding “Rural Development” in its place; and

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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.

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PART 1910—GENERAL

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100. The authority citation for part 1910 continues to read as follows:

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Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.

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Subpart B—Credit Reports

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100. Section 1910.51 is revised to read as follows:

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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

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101. Revise the first sentence of § 1910.101 to read as follows:

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Preface.

This subpart (§§ 1910.101 through 1910.150) describes the procedure to be used by Rural Development in obtaining commercial credit reports. * * *

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PART 1924—CONSTRUCTION AND REPAIR

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102. The authority citation for part 1924 continues to read as follows:

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Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.

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Subpart A—Planning and Performing Construction and Other Development

[Amended]
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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.

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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:

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a. Section 1924.3;

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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);

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d. Section 1924.6(a)(6), (a)(8), (a)(10)(ii) wherever it occurs, and (a)(11)(iv);

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e. Section 1924.8(e);

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f. Section 1924.9(b)(7);

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g. Section 1924.10(c)(1) wherever it occurs; and

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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).

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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:

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a. Section 1924.5(b) wherever it occurs, (f)(1)(iii)(F), (f)(2)(i), (g)(1) introductory text, and (g)(2);

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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);

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c. Section 1924.9(c) wherever it occurs;

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d. Section 1924.10(a)(4), (c)(2)(i), and (c)(2)(ii);

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e. Section 1924.11(c);

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f. Section 1924.12(a), (d)(1), and (d)(2); and

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g. Section 1924.13(e)(1)(ii) introductory text wherever it occurs and (e)(2)(x).

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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:

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a. Section 1924.4(h)(1), (h)(8), and (n);

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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);

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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);

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d. Section 1924.9(d) and (e); and

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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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105. Amend § 1924.5 by:

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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;

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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;

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c. In paragraph (f)(1)(iii), removing “FmHA or its successor agency under Public Law 103-354” and adding “The Agency” in its place;

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d. In paragraph (f)(2)(iii):

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i. Removing “FmHA or its successor agency under Public Law 103-354 for” and adding “Agency for” in its place;

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ii. Removing “that FmHA or its successor agency under Public Law 103-354 will” and adding “the Agency will” in its place; and

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iii. 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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e. In paragraph (h) introductory text:

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i. Removing “of FmHA or its successor agency under Public Law 103-354” and adding “of the Agency” in its place; and

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ii. Removing “FmHA or its successor agency under Public Law 103-354 forms” and adding “RD forms” in its place; and

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f. in paragraph (i)(5), removing “FmHA or its successor agency under Public Law 103-354” and adding “The Agency” in its place.

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[Amended]
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106. Amend § 1924.6 by:

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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;

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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;

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c. In paragraph (a)(3)(iii)(A):

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i. Removing “FmHA or its successor agency under Public Law 103-354 prior” and adding “the Agency prior” in its place;

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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;

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iii. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place; and

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iv. Removing “all FmHA or its successor agency under Public Law 103-354” and adding “all Agency” in its place.

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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;

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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;

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f. In paragraph (a)(12)(vi)(B):

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i. Removing “FmHA or its successor agency under Public Law 103-354 loan” and adding “Agency loan” in its place;

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ii. Removing “by FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “by the Agency” in its place;

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iii. Removing “of FmHA or its successor agency under Public Law 103-354” and adding “of the Agency” in its place; and

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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

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g. In paragraph (a)(12)(vi)(C) introductory text:

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i. Removing “the FmHA or its successor agency under Public Law 103-354 loan” and adding “Agency loan” in its place;

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ii. Removing “FmHA or its successor agency under Public Law 103-354 will” and adding “the Agency will” in its place; and

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iii. 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]
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107. Amend § 1924.9 by:

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a. In paragraph (a):

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i. Removing “Rural Development office” and adding “Agency office” in its place;

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ii. Removing “RHS or its successor agency under Public Law 103-354 inpections” wherever it occurs and adding “Agency inspections” in its place; and

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iii. Removing “RHS or its successor agency under Public Law 103-354 has” and adding “the Agency has” in its place; and

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b. In paragraph (b)(2), removing “the FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place.

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[Amended]
Start Amendment Part

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.

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[Amended]
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109. Amend § 1924.12 by:

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a. In paragraph (b):

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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 “the owner and FmHA or its successor agency under Public Law 103-354” and adding “the owner and the Agency” in its place; and

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iii. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;

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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

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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.

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[Amended]
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110. Amend § 1924.13 by:

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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;

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b. In paragraph (e)(1)(ii)(F):

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i. Removing “to FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “to the Agency” in its place;

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ii. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place; and

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iii. Removing “FmHA or its successor agency under Public Law 103-354 regulations” and adding “Agency regulations” in its place;

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c. In paragraph (e)(1)(ii)(G), removing “FmHA or its successor agency under Public Law 103-354 offices” and adding Start Printed 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;

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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;

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e. In paragraph (e)(1)(iv):

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i. Removing “FmHA or its successor agency under Public Law 103-354 with” and adding “the Agency with” in its place;

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ii. 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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iii. Removing “FmHA or its successor agency under Public Law 103-354 offices” and adding “Agency offices” in its place; and

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iv. Removing “FmHA or its successor agency under Public Law 103-354 personnel” and adding “Agency personnel” in its place;

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f. In paragraph (e)(1)(v) introductory text:

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i. 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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ii. Removing “FmHA or its successor agency under Public Law 103-354 office” wherever it occurs and adding “Agency office” in its place;

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iii. Removing “FmHA or its successor agency under Public Law 103-354 will” and adding “the Agency will” in its place;

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iv. Removing “FmHA or its successor agency under Public Law 103-354 contractor” and adding “Agency contractor” in its place;

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v. Removing “FmHA or its successor agency under Public Law 103-354 contracts” and adding “Agency contracts” in its place; and

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vi. Removing “FmHA or its successor agency under Public Law 103-354 personnel” and adding “Agency personnel” in its place;

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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;

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h. In paragraph (e)(1)(v)(B):

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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;

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ii. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;

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iii. Removing “prior to FmHA or its successor agency under Public Law 103-354” and adding “prior to the Agency” in its place; and

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iv. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;

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i. In paragraph (e)(1)(v)(C):

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i. 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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ii. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place; and

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iii. Removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Agency office” in its place;

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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;

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k. In paragraph (e)(1)(v)(E):

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i. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;

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ii. Removing “FmHA or its successor agency under Public Law 103-354 reserves” and adding “The Agency reserves” in its place;

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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

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iv. Removing “to FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “to the Agency” in its place;

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l. In paragraph (e)(1)(v)(G):

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i. Removing “Forms FmHA or its successor agency under Public Law 103-354” and adding “Forms RD” in its place;

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ii. Removing “FmHA or its successor agency under Public Law 103-354 1944-31” and adding “RD 1944-31” in its place;

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iii. Removing “FmHA or its successor agency under Public Law 103-354 Instruction” and adding “RD Instruction” in its place; and

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iv. Removing “FmHA or its successor agency under Public Law 103-354 office” wherever it occurs and adding “Agency office” in its place;

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m. In paragraph (e)(1)(v)(I):

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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

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iii. Removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Agency office” in its place;

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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;

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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;

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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;

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q. In paragraph (e)(2)(viii) introductory text:

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i. 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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ii. Removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Agency office” in its place;

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iii. Removing “FmHA or its successor agency under Public Law 103-354 contractor” and adding “Agency contractor” in its place; and

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iv. Removing “FmHA or its successor agency under Public Law 103-354 contracts” and adding “Agency contracts” in its place;

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r. In paragraph (e)(2)(viii)(A):

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i. 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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ii. Removing “FmHA or its successor agency under Public Law 103-354 regulations” and adding “Agency regulations” in its place;

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iii. Removing “FmHA or its successor agency under Public Law 103-354 reserves” and adding “The Agency reserves” in its place;

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iv. Removing “to FmHA or its successor agency under Public Law 103-354” and adding “to the Agency” in its place;

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v. Removing “FmHA or its successor agency under Public Law 103-354 Start Printed Page 9873office” and adding “Agency office” in its place; and

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vi. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;

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s. In paragraph (e)(2)(viii)(B):

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i. Removing “FmHA or its successor agency under Public Law 103-354 must” and adding “the Agency must” in its place;

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ii. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place; and

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iii. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;

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t. In paragraph (e)(2)(viii)(D):

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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

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iii. Removing “FmHA or its successor agency under Public Law 103-354 office” and adding “Agency office” in its place; and

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u. In paragraph (e)(2)(ix):

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i. Removing “FmHA or its successor agency under Public Law 103-354 District” and adding “Agency District” in its place;

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ii. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;

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iii. Removing “to FmHA or its successor agency under Public Law 103-354” and adding “to the Agency” in its place;

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iv. Removing “FmHA or its successor agency under Public Law 103-354 Representative” and adding “Agency Representative” in its place; and

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v. Removing “FmHA or its successor agency under Public Law 103-354 does not” and adding “the Agency does not” in its place.

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Exhibit B to Subpart A [Amended]

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111. Amend Exhibit B to Subpart A of Part 1924 by:

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a. In the introductory text:

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i. Removing “of FmHA or its successor agency under Public Law 103-354” and adding “of the Agency” in its place;

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ii. Removing “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Agency” in its place; and

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iii. Removing “an FmHA or its successor agency under Public Law 103-354” and adding “an Agency” in its place;

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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;

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c. In paragraph III.B:

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i. Removing “an FmHA or its successor agency under Public Law 103-354” and adding “an Agency” in its place;

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ii. Removing “local FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “local Agency” in its place; and

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iii. Removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place;

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d. In paragraph IV, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;

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e. In paragraph V introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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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;

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g. In paragraph V.E, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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h. In paragraph V.H, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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i. In paragraph V.J, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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j. In paragraph VI.A introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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k. In paragraph VI.A.3, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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l. In paragraph VII.C introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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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;

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n. In paragraph X.B, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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o. In paragraph X.C, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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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;

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ii. In paragraph A.10, removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place; and

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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;

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q. In Attachment 2 to Exhibit B by:

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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;

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ii. In paragraph 2, removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place;

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iii. In paragraph 3, removing “local FmHA or its successor agency under Public Law 103-354” and adding “local Agency” in its place;

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iv. In paragraph 3, removing “FmHA or its successor agency under Public Law 103-354 Instruction” and adding “RD Instruction” in its place;

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v. In paragraph 3, removing “FmHA or its successor agency under Public Law 103-354 Thermal” and adding “Agency Thermal” in its place;

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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;

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vii. In paragraph 6, removing “FmHA or its successor agency under Public Law 103-354 State” and adding “Agency State” in its place; and

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viii. In paragraph 6, removing “FmHA or its successor agency under Public Law 103-354 inspection” and adding “RD inspection” in its place; and

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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.

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Exhibit C to Subpart A [Amended]

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112. Amend Exhibit C to Subpart A of Part 1924 by:

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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;

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b. In paragraphs IV introductory text and IV.A introductory text, removing Start Printed Page 9874“Form FmHA or its successor agency under Public Law 103-354” wherever it occurs and adding “Form RD” in its place; and

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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.

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Exhibit D to Subpart A [Amended]

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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:

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a. Paragraph IV.A;

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b. Paragraph IV.C.1.a;

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c. Paragraph IV.C.1.b;

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d. Paragraph IV.C.2.b; and

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e. Paragraph V.A.

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Exhibit H to Subpart A [Amended]

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114. Amend Exhibit H to Subpart A of Part 1924 by:

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a. In paragraph II, removing “Farmers Home Administration (FmHA) or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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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;

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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;

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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

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e. In paragraph IV.E, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place.

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Exhibit I to Subpart A [Amended]

Start Amendment Part

115. Amend Exhibit I to Subpart A of Part 1924 by:

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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:

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i. Paragraph 300-3; and

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ii. Paragraph 302-2.5; and

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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;

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ii Paragraph 303-1.

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Exhibit J to Subpart A [Amended]

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116. Amend Exhibit J to Subpart A of Part 1924, Part A by:

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a. In Section I:

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i. Removing “FmHA or its successor agency under Public Law 103-354 field” and adding “Agency field” in its place;

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ii. Removing “FmHA or its successor agency under Public Law 103-354 housing” and adding “Agency housing” in its place;

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iii. Removing “FmHA or its successor agency under Public Law 103-354 may” and adding “The Agency may” in its place; and

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iv. Removing “FmHA or its successor agency under Public Law 103-354 will” and adding “The Agency will” in its place;

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b. In Section II introductory text by:

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i. Removing “FmHA or its successor agency under Public Law 103-354 has” and adding “The Agency has” in its place;

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ii. Removing “to FmHA or its successor agency under Public Law 103-354” and adding “to the Agency” in its place; and

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iii. Removing “of FmHA or its successor agency under Public Law 103-354” and adding “of Agency” in its place;

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c. In Section II.B:

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i. Removing “FmHA or its successor agency under Public Law 103-354 field” and adding “Agency field” in its place;

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ii. Removing “FmHA or its successor agency under Public Law 103-354 loan” and adding “Agency loan” in its place;

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iii. Removing “FmHA or its successor agency under Public Law 103-354/MPS” and adding “Agency/MPS” in its place; and

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iv. Removing “FmHA or its successor agency under Public Law 103-354 in that” and adding “the Agency in that” in its place;

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d. In Section III:

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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

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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;

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e. In Section IV, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;

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f. In Section V:

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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;

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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

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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;

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Exhibit J to Subpart A [Amended]

Start Amendment Part

117. Amend Exhibit J to Subpart A of Part 1924, Part B by:

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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;

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b. In Section I.I, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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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;

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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;

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e. In Section II.A.2, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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f. In Section II.A.4, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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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;

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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;

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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;

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j. In Section II.C.2, removing “FmHA or its successor agency under Public Start Printed Page 9875Law 103-354/MPS” and adding “Agency/MPS” in its place;

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k. In Section III.A, removing “FmHA or its successor agency under Public Law 103-354/MPS” and adding “Agency/MPS” in its place;

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l. In Section III.C, removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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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

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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;

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Exhibit J to Subpart A [Amended]

Start Amendment Part

118. Amend Exhibit J to Subpart A of Part 1924, Part C by:

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a. In Section I introductory text, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;

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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;

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c. In Section I.C:

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i. Removing “FmHA or its successor agency under Public Law 103-354 County” and adding “Agency County” in its place;

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ii. Removing “FmHA or its successor agency under Public Law 103-354/MPS” and adding “Agency/MPS” in its place; and

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iii. Removing “by FmHA or its successor agency under Public Law 103-354” and adding “by the Agency” in its place; and

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d. In Section V.A, removing “Form FmHA or its successor agency under Public Law 103-354” and adding “Form RD” in its place.

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Exhibit J to Subpart A [Amended]

Start Amendment Part

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.

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Exhibit K to Subpart A [Amended]

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120. Amend Exhibit K to Subpart A of Part 1924 by:

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a. In Section I, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;

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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

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c. In Section III, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place.

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Exhibit L to Subpart A [Amended]

Start Amendment Part

121. Amend Exhibit L to Subpart A of Part 1924 by:

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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;

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b. In Section I.A, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;

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c. In Section I.B, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;

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d. In Section I.C, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place;

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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;

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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;

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g. In Section IV.A(6), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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h. In Section IV.B(1), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place;

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i. In Section IV.B(2), removing “FmHA or its successor agency under Public Law 103-354” and adding “Agency” in its place; and

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j. In Attachment 1, removing “FmHA or its successor agency under Public Law 103-354” and adding “the Agency” in its place.

End Amendment Part

Subpart C—Planning and Performing Site Development Work

Start Amendment Part

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

[Amended]
Start Amendment Part

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.

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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:

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a. Section 1924.252;

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b. Section 1924.253;

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c. Section 1924.258;

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d. Section 1924.260;

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e. Section 1924.261;

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f. Section 1924.262;

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g. Section 1924.265;

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h. Section 1924.266;

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i. Section 1924.274; and

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j. Section 1924.276.

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[Amended]
Start Amendment Part

125. Amend § 1924.259 by:

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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;

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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;

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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;

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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

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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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Start Printed Page 9876
[Amended]
Start Amendment Part

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)”.

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[Amended]
Start Amendment Part

127. Amend § 1924.273 by removing “(available in any FmHA or its successor agency under Public Law 103-354 office)”.

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PART 1925—TAXES

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128. The authority citation for part 1925 continues to read as follows:

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Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.

End Authority

Subpart C—Planning and Performing Site Development Work

[Amended]
Start Amendment Part

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.

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[Amended]
Start Amendment Part

130. Amend § 1925.3(c) by removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place.

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[Amended]
Start Amendment Part

131. Amend § 1925.4 by:

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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

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b. In paragraph (b), removing “FmHA or its successor agency under Public Law 103-354” and adding “RD” in its place.

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PART 1927—TITLE CLEARANCE AND LOAN CLOSING

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132. The authority citation for part 1927 continues to read as follows:

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Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.

End Authority

Subpart B—Real Estate Title Clearance and Loan Closing

[Amended]
Start Amendment Part

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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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.

* * * * *
Start Part

PART 1940—GENERAL

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134. The authority citation for part 1940 continues to read as follows:

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Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and 42 U.S.C. 1480.

End Authority