[Federal Register Volume 63, Number 63 (Thursday, April 2, 1998)] [Rules and Regulations] [Pages 16088-16089] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 98-8589] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Rural Housing Service Rural Business-Cooperative Service Rural Utilities Service Farm Service Agency 7 CFR Parts 1942 and 1951 Rural Utilities Service Water and Waste Program Regulations AGENCY: Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Rural utilities Service (RUS) hereby amends the regulations utilized to administer the water and waste loan and grant programs. This rule removes references to forms no longer required for use by the Agency and to add reference to RUS Bulletin 1780-12, ``Water and Waste Grant Agreement.'' EFFECTIVE DATE: April 2, 1998. FOR FURTHER INFORMATION CONTACT: Jerry W. cooper, Loan Specialist, Water and Waste Division, Rural utilities Service, USDA, Room 2229, STOP 1570, 1400 Independence Avenue, Washington, DC 20250-1570, telephone: (202) 720-9589. SUPPLEMENTARY INFORMATION: [[Page 16089]] Classification This action is not subject to the provisions of Executive Order 12866 since it involves only internal Agency management. This action is not published for proposed rulemaking because it involves only internal Agency management and publication for notice and comment is unnecessary. Environmental Impact Statement This document has been reviewed in accordance with RD Instruction 1940-G, ``Environmental Program.'' The agency 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 of 1969, Pub. L. 91-190, an Environmental Impact Statement is not required. Programs Affected The Catalog of Federal Domestic Assistance programs impacted by this action are: 10.760 Water and Waste Disposal Systems for Rural Communities 10.763 Emergency Community Water Assistance Grants 10.765 Watershed Protection and Flood Prevention Loans 10.770 Water and Waste Disposal Loans and Grants (Section 306C) Intergovernmental Consultation This program is subject to Executive Order 12372 which requires intergovernmental consultation with State and local officials. Civil Justice Reform The final rule has been reviewed under Executive order 12988, civil Justice Reform. In accordance with this rule: (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 this rule; and (3) administrative proceedings of the National Appeals Division (7 CFR part 11), must be exhausted before bringing suit in court challenging action taken under this rule. Paperwork Reduction Act The information collection requirements contained in this regulation have been previously approved by the Office of Management and Budget (OMB) under the provisions of 44 U.S.C. chapter 35 and have been assigned OMB control number 0575-0015, in accordance with the paperwork Reduction Act of 1995. This rule does not impose any new information collection requirements. List of Subjects 7 CFR Part 1942 Community development, Community facilities, Loan programs,-- Housing and community development, Loan security, Rural areas, Water treatment and disposal--Domestic, Water supply--Domestic. 7 CFR Part 1951 Accounting servicing, Grant programs--Housing and community development, Reporting requirements, Rural areas. Therefore, chapter XVIII, title 7, Code of Federal Regulations is amended as follows: PART 1942--ASSOCIATIONS 1. The authority citation for part 1942 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005. Subpart A--Community Facility Loans 2. 7 CFR Part 1942 is amended by removing the words ``District Director'' or ``District Directors'' wherever they appear and adding in their place, the words ``Rural Development Manager'' or ``Rural Development Managers'' respectively in the following places. a. Sec. 1942.5(a)(1)(iii); b. Sec. 1942.5(b)(1); c. Sec. 1942.5(c) introductory text; d. Sec. 1942.5(c)(2); and e. Sec. 1942.5(c)(3). 3. Section 1942.5 is amended by removing paragraph (b)(1)(ii)(D) and redesignating paragraphs (b)(1)(ii) (E) through (L) as paragraphs (b)(1)ii) (D) through (K) and in newly redesignated paragraph (b)(1)(ii)(G) by revising the reference ``paragraph (b)(1)(ii)(G)'' to read ``paragraph (b)(1)(ii)(F)'' in two places. PART 1951--SERVICING AND COLLECTIONS 4. The authority citation for part 1951 continues to read as follows: Authority: 5 U.S.C. 301; 42 U.S.C. 1480. Subpart E--Servicing of Community and Insured Business Programs Loans and Grants 5. Section 1951.211 is amended by adding the sentence ``A civil rights impact analysis is required.'' at the end of the paragraph. 6. Section 1951.214 is amended by changing the word ``FmHA'' to ``Government.'' 7. Section 1951.215 (a)(1) is revised to read as follows: Sec. 1951.215 Grants. * * * * * (a) * * * (1) Servicing actions will be carried out in accordance with the terms of the ``Association Water or Sewer System Grant Agreement,'' and RUS Bulletin 1780-12, ``Water and Waste Grant Agreement'' (available from any USDA/Rural Development office or the Rural Utilities Service, United States Department of Agriculture, Washington, D.C. 20250-1500). Grant agreements with a revision date on or after January 29, 1979, require that the grantee request disposition instructions from the Agency before disposing of property which is no longer needed for original grant purposes. * * * * * Dated: March 17, 1998. Jill Long Thompson, Under Secretary, Rural Development. [FR Doc. 98-8589 Filed 4-1-98; 8:45 am] BILLING CODE 3410-15-M