[Federal Register Volume 74, Number 217 (Thursday, November 12, 2009)]
[Notices]
[Page 58239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27143]


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 Notices
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  Federal Register / Vol. 74, No. 217 / Thursday, November 12, 2009 / 
Notices  

[[Page 58239]]



DEPARTMENT OF AGRICULTURE

Rural Business--Cooperative Service


Guarantee Fee Rates for Guaranteed Loans for Fiscal Year 2010; 
Maximum Portion of Guarantee Authority Available for Fiscal Year 2010; 
Annual Renewal Fee for Fiscal Year 2010

AGENCY: Rural Business--Cooperative Service, USDA.

ACTION: Notice.

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SUMMARY: As set forth in 7 CFR 4279.107(b) and 4280.126(c), Rural 
Development (the Agency) has the authority to charge an annual renewal 
fee for loans made under the Business and Industry (B&I) Guaranteed 
Loan Program and the Rural Energy for America (Section 9007; formerly 
Section 9006 Renewable Energy Systems and Energy Efficiency 
Improvements Program) Guaranteed Loan Program. Pursuant to that 
authority, the Agency is establishing the renewal fee rate at one-
fourth of 1 percent for the B&I Guaranteed Loan Program and one-fourth 
of 1 percent for the Section 9007 Guaranteed Loan Program. These rates 
will apply to all loans obligated in fiscal year (FY) 2010 that are 
made under the cited programs. As established in 7 CFR 4279.107 and 
4280.126, the amount of the fee on each guaranteed loan will be 
determined by multiplying the fee rate by the outstanding principal 
loan balance as of December 31, multiplied by the percent of guarantee.
    As set forth in 7 CFR 4280.126(a), each fiscal year the Agency 
shall establish the initial guarantee fee rate for loans made under the 
Section 9007 Guaranteed Loan Program. Pursuant to that authority, the 
Agency is establishing the initial guarantee fee rate at 1 percent for 
loans made in FY 2010.
    As set forth in 7 CFR 4279.107(a) and 4279.119(b)(4), each fiscal 
year the Agency shall establish a limit on the maximum portion of B&I 
guarantee authority available for that fiscal year that may be used to 
guarantee loans with a B&I guarantee fee of 1 percent or guaranteed 
loans with a guarantee percentage exceeding 80 percent.
    Allowing the guarantee fee to be reduced to 1 percent or exceeding 
the 80 percent guarantee on certain B&I guaranteed loans that meet the 
conditions set forth in 7 CFR 4279.107 and 4279.119, will increase the 
Agency's ability to focus guarantee assistance on projects which the 
Agency has found particularly meritorious. For 1 percent fees, (1) the 
borrower's business must support value-added agriculture and result in 
farmers benefiting financially, or (2) such projects are ``high 
impact'' as defined in 7 CFR 4279.155(b)(5), and are located in rural 
communities that either (a) remain persistently poor, (b) have 
experienced long-term population decline and job deterioration, (c) are 
experiencing trauma as a result of natural disaster, or (d) are 
experiencing fundamental structural changes in its economic base. For 
guaranteed loans exceeding 80 percent, such projects must be a high-
priority project in accordance with 7 CFR 4279.155 (and meet the other 
requirements of 7 CFR 4279.119(b)).
    Not more than 12 percent of the Agency's quarterly apportioned B&I 
guarantee authority (including available Disaster funding) will be 
reserved for loan requests with a guarantee fee of 1 percent, and not 
more than 15 percent of the Agency's quarterly apportioned guarantee 
authority (including available Disaster funding) will be reserved for 
guaranteed loan requests with a guaranteed percentage exceeding 80 
percent. Once the respective quarterly limits are reached, all 
additional loans for that quarter will be at the standard fee and 
guarantee limits in 7 CFR part 4279. As an exception to this paragraph 
and for the purposes of this notice, loans developed by the North 
American Development Bank (NADBank) Community Adjustment and Investment 
Program (CAIP) will not count against the 15 percent limit. Up to 50 
percent of CAIP loans may have a guarantee percentage exceeding 80 
percent. The funding authority for CAIP loans is not derived carryover 
or recovered funding authority of the B&I Guaranteed Loan Program.
    For B&I projects funded with American Recovery and Reinvestment Act 
(ARRA) funds, there is no renewal fee and all guaranteed loans will be 
charged a 1 percent guarantee fee. Any guaranteed loan that is $10 
million or less that scores at least 55 points in accordance with RD 
Instruction 4279-B, section 4279.155, will receive a 90 percent 
guarantee.

DATES:  Effective Date: November 12, 2009.

FOR FURTHER INFORMATION CONTACT: Brenda Griffin, e-mail 
[email protected], Rural Development, Business Programs, 
Business and Industry Division, STOP 3224, 1400 Independence Avenue, 
SW., Washington, DC 20250-3224, telephone (202) 720-6802.

SUPPLEMENTARY INFORMATION: This action has been reviewed and determined 
not to be a rule or regulation as defined in Executive Order 12866 as 
amended by Executive Order 13258.

     Date: October 16, 2009.
Judith A. Canales,
Administrator, Rural Business--Cooperative Service.
[FR Doc. E9-27143 Filed 11-10-09; 8:45 am]
BILLING CODE 3410-XY-P