[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Rules and Regulations]
[Pages 80729-80732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33025]



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 Rules and Regulations
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  Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / 
Rules and Regulations  

[[Page 80729]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1778

Rural Housing Service

Rural Business-Cooperative Service

Rural Utilities Service

Farm Service Agency

7 CFR Parts 1942, 1944, 1948, 1951, and 1980

Rural Housing Service

7 CFR Parts 3560, 3565 and 3570

Rural Business-Cooperative Service

Rural Utilities Service

7 CFR Part 4274


Intergovernmental Review

AGENCIES: Rural Housing Service, Rural Business-Cooperative Service, 
Rural Utilities Service and Farm Service Agency, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U. S. Department of Agriculture (``Department'') is 
amending several regulations, which make reference to RD Instruction 
1940-J, Intergovernmental Review.'' This action is necessary since the 
affected regulations refer to RD Instruction 1940-J, which is being 
rewritten and replaced by RD Instruction 1970-I. The intended effect is 
to simplify and update the regulations and to ensure the Department's 
field offices have current guidance on intergovernmental review of 
proposed projects being reviewed pursuant to the National Environmental 
Policy Act.

DATES: Effective Date: December 27, 2011.

FOR FURTHER INFORMATION CONTACT: Annie Goode, Environmental Protection 
Specialist, Technical Support Branch, Program Support Staff, Rural 
Housing Service, Rural Development, U.S. Department of Agriculture, 
Mail Stop 0761, 1400 Independence Avenue SW., Washington, DC 20250, 
telephone: (202) 720-9653.

SUPPLEMENTARY INFORMATION: 

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 prior notice and comment under the Administrative 
Procedure Act since it involves only internal Agency management and 
publication for comment is unnecessary and contrary to the public 
interest.

Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. In accordance with this rule: (1) Unless 
otherwise specifically provided, 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 except as specifically 
prescribed in the rule; and (3) administrative proceedings of the 
National Appeals Division (7 CFR part 11) must be exhausted before 
litigation against the Department is instituted.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, 
agencies generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, or tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. When such a statement is needed for a 
rule, section 205 of the UMRA generally requires agencies to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, more cost-effective, or least burdensome alternative 
that achieves the objectives of the rule.
    This rule contains no Federal mandates (under the regulatory 
provisions of title II of the UMRA) for State, local, and tribal 
governments or the private sector. Thus, the rule is not subject to the 
requirements of section 202 and 205 of the UMRA.

Environmental Impact Statement

    This document has been reviewed in accordance with 7 CFR part 1940, 
subpart G, ``Environmental Program.'' The Agencies have determined that 
this final action does not constitute a major Federal action 
significantly affecting the quality of human environment, and in 
accordance with the National Environmental Policy Act of 1969, 42 
U.S.C. 4321 et seq., an Environmental Impact Statement is not required.

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 the States is not required.

Programs Affected

    The Programs impacted by this action, and associated Catalog of 
Federal Domestic Assistance numbers, are as follows:

10.415--Rural Rental Housing--Direct Loans.
10.420--Self-Help Technical Assistance Grants.
10.433--Housing Preservation Grants.
10.438--Rural Rental Housing Program--Guaranteed Loans.
10.441--Technical and Supervisory Assistance Grants.
10.763--Emergency and Imminent Community Water Assistance Grants.
10.766--Community Facilities Loans and Grants.
10.767--Intermediary Relending Program.
10.768--Business and Industrial Loans.

Paperwork Reduction Act

    This rule does not revise or impose any new information collection

[[Page 80730]]

requirements from those approved by OMB.

E-Government Act Compliance

    The Agencies are committed to complying with the E-Government Act, 
to promote the use of the Internet and other information technologies 
to provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

Discussion of Final Rule

    The Department is updating Agency regulations regarding 
intergovernmental reviews conducted pursuant to the National 
Environmental Policy Act (``NEPA,'' 40 CFR 1500-1508). To accomplish 
this goal, existing RD Instruction 1940-J, ``Intergovernmental 
Review,'' is being rewritten and replaced by RD Instruction 1970-I. 
Because several regulations make reference to RD Instruction 1940-J, 
revisions are needed to change all references from 1940-J to 1970-I. 
The intended effect is to simplify and update the regulations and to 
ensure the Department's field offices have current guidance on 
intergovernmental review of proposed projects being reviewed pursuant 
to NEPA.

List of Subjects

7 CFR Part 1778

    Community development, Community facilities, Grant programs--
Housing and Community development, Intergovernmental relations--Grant 
programs, Loan programs--Housing and community development, Rural 
areas, Waste treatment and disposal, Water supply, Watersheds.

7 CFR Part 1942

    Community development, Community facilities, Loan programs--Housing 
and community development, Loan security, Rural areas, Waste treatment 
and disposal--Domestic, Water supply--Domestic.

7 CFR Part 1944

    Grant programs--Housing and community development, Home 
improvement, Loan programs--Housing and community development, Low and 
moderate income housing--Rental, Mobile homes, Mortgages, Nonprofit 
organizations, Reporting requirements, Rural housing, Subsidies.

7 CFR Part 1948

    Business and industry, Coal, Community development, Community 
facilities, Energy, Grant programs, Housing and community development, 
Housing, Planning, Rural area, Transportation.

7 CFR Part 1951

    Loans Programs--Agriculture, Rural areas.

7 CFR Part 1980

    Loan programs--Business and industry--Rural development, 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, Rent 
subsidies, Rural areas.

7 CFR Part 3565

    Conflict of interests, Environmental impact statements, Fair 
housing, Hearing and appeal procedures.

7 CFR Part 3570

    Accounting Administrative practice and procedure, Conflicts of 
interests, Environmental impact statements, Fair Housing, Grant 
programs--Housing and community development, Loan programs--Housing and 
community development, Rural areas, Subsidies.

7 CFR Part 4274

    Community development, Economic development, Loan programs--
Business, Rural areas.
    For the reasons set forth in the preamble, Chapters XVII, XVIII, 
XXXV, and XLII, of title 7 of the Code of Federal Regulations are 
amended as follows:

Chapter XVII--Rural Utilities Service, Department of Agriculture

PART 1778--EMERGENCY AND IMMINENT COMMUNITY WATER ASSISTANCE GRANTS

0
1. The authority citation for part 1778 continues to read as follows:

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


Sec.  1778.14  [Amended]

0
2. Section 1778.14(f) is amended by removing ``1940-J'' and adding in 
its place ``1970-I, `Intergovernmental Review,' available in any Agency 
office or on the Agency's Web site''.

Chapter XVIII--Rural Housing Service, Rural Business-Cooperatives 
Service, Rural Utilities Service and Farm Service Agency, Department of 
Agriculture

PART 1942--ASSOCIATIONS

0
3. The authority citation for part 1942 continues to read as follows:

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

Subpart A--Community Facility Loans


Sec.  1942.5  [Amended]

0
4. Section 1942.5(b)(1)(ii)(B) is amended by removing ``(FmHA 
Instruction 1940-J, available in any FmHA or its successor agency under 
Public Law 103-354 office.)'' and adding in its place ``(These 
requirements are set forth in U. S. Department of Agriculture 
regulations 7 CFR 3015, subpart V and RD Instruction 1970-I, 
`Intergovernmental Review,' available in any Agency office or on the 
Agency's Web site.)''.

Subpart C--Fire and Rescue and Other Small Community Facilities 
Projects


Sec.  1942.106  [Amended]

0
5. Section 1942.106(a) is amended by removing ``in accordance with 
subpart J of part 1940 of this chapter'' and adding in its place 
``requirements set forth in U. S. Department of Agriculture regulations 
7 CFR 3015, subpart V and RD Instruction 1970-I, `Intergovernmental 
Review,' available in any Agency office or on the Agency's Web site''.

PART 1944--HOUSING

0
6. The authority citation for part 1944 continues to read as follows:

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

Subpart I--Self-Help Technical Assistance Grants


Sec.  1944.409  [Amended]

0
7. Section 1944.409 is amended by removing ``Under subpart J of 1940 of 
this chapter (available in any Agency office),'' and adding in its 
place ``These requirements are set forth in U. S. Department of 
Agriculture regulations 7 CFR 3015, subpart V and RD Instruction 1970-
I, `Intergovernmental Review,' available in any Agency office or on the 
Agency's Web site''.

Subpart K--Technical and Supervisory Assistance Grants


Sec.  1944.526  [Amended]

0
8. Section 1944.526(c)(2), is amended by removing ``(See FmHA 
Instruction 1940-J, available in any FmHA or its successor agency under 
Public Law

[[Page 80731]]

103-354 Office)'' and adding in its place ``(See RD Instruction 1970-I, 
`Intergovernmental Review,' available in any Agency office or on the 
Agency's Web site.)''.


Sec.  1944.529  [Amended]

0
9. Section 1944.529(b)(9) is amended by removing ``(See FmHA 
Instruction 1940-J, available in any FmHA or its successor agency under 
Public Law 103-354 Office)'' and adding in its place ``See RD 
Instruction 1970-I, `Intergovernmental Review,' available in any Agency 
office or on the Agency's Web site''.


Sec.  1944.531  [Amended]

0
10. Section 1944.531(c)(3) is amended by removing ``See FmHA 
Instruction 1940-J, available in any FmHA or its successor agency under 
Public Law 103-354 Office.'' and adding in its place ``See RD 
Instruction 1970-I, `Intergovernmental Review,' available in any Agency 
office or on the Agency's Web site''.

Subpart N--Housing Preservation Grants


Sec.  1944.674  [Amended]

0
11. Section 1944.674(c) is amended by removing ``Under FmHA Instruction 
1940-J (available in any FmHA or its successor agency under Public Law 
103-354 office) prospective* * *'' and adding in its place ``These 
requirements are set forth in U.S. Department of Agriculture 
regulations 7 CFR part 3015, subpart V, and RD Instruction 1970-I, 
`Intergovernmental Review,' available in any Agency office or on the 
Agency's Web site. Prospective* * *''

PART 1948--RURAL DEVELOPMENT

0
12. The authority citation for part 1948 continues to read as follows:

    Authority:  5 U.S.C. 301; 7 U.S.C. 1932, note.

Subpart B--Section 601 Energy Impacted Area Development Assistance 
Program

0
13. The authority citation for subpart B of part 1948 continues to read 
as follows:

    Authority:  Section 601, Put. L. 95-620, delegation of authority 
by the Sec. of Agri., 7 CFR 2.23; delegation of authority by the 
Asst Sec. for Rural Development 7 CFR 2.78.


Sec.  1948.79  [Amended]

0
14. Section 1948.79(k)(3) is amended by removing ``See FmHA Instruction 
1940-J, available in any FmHA or its successor agency under Public Law 
103-354 office.'' and adding in its place ``See RD Instruction 1970-I, 
`Intergovernmental Review,' available in any Agency office or on the 
Agency's Web site''.


Sec.  1948.80  [Amended]

0
15. Section 1948.80(g) is amended by removing ``(See FmHA Instruction 
1940-J, available in any FmHA or its successor agency under Public Law 
103-354 office.'' and adding in its place ``(See RD Instruction 1970-I, 
`Intergovernmental Review,' available in any Agency office or on the 
Agency's Web site.)''.


Sec.  1948.84  [Amended]

0
16. 1948.84(c) is amended by removing ``See FmHA Instruction 1940-J, 
available in any FmHA or its successor agency under Public Law 103-354 
office.'' and adding in its place ``(See RD Instruction 1970-I, 
`Intergovernmental Review,' available in any Agency office or on the 
Agency's Web site.)''.


Sec.  1948.84  [Amended]

0
17. Section 1948.84(i)(2) is amended by removing ``See FmHA Instruction 
1940-J, available in any FmHA or its successor agency under Public Law 
103-354 office.'' and adding in its place ``(See RD Instruction 1970-I, 
`Intergovernmental Review,' available in any Agency office or on the 
Agency's Web site.)''.

PART 1951--SERVICING AND COLLECTIONS

0
18. The authority citation for part 1951 continues to read as follows:

    Authority:  5 U.S.C. 301; 7 U.S.C. 1932 note.; 7 U.S.C. 1989; 31 
U.S.C. 3716; 42 U.S.C. 1480;

Subpart R--Rural Development Loan Servicing


Sec.  1951.872  [Amended]

0
19. Section 1951.872(a) is amended by removing ``FmHA or its successor 
agency under Public Law 103-354 Instruction 1940-J, `Intergovernmental 
Review of Farmers Home Administration or its successor agency under 
Public Law 103-354 Programs and Activities,' available in any FmHA or 
its successor agency under Public Law 103-354 office.'' and adding in 
its place ``the requirements set forth in U.S. Department of 
Agriculture regulations 7 CFR part 3015, subpart V, and RD Instruction 
1970-I, `Intergovernmental Review,' available in any Agency office or 
on the Agency's Web site''.

PART 1980--GENERAL

0
20. The authority citation for part 1980 continues to read as follows:

    Authority:  5 U.S.C. 301; 7 U.S.C. 1989. Subpart E also issued 
under 7 U.S.C. 1932(a).

Subpart E--Business and Industrial Loan Programs


Sec.  1980.451  [Amended]

0
21. Section 1980.451(f)(8) is amended by removing ``See FmHA or its 
successor agency under Public Law 103-354 Instruction 1940-J, available 
in any FmHA or its successor agency under Public Law 103-354 Office.'' 
and adding in its place ``See RD Instruction 1970-I, `Intergovernmental 
Review,' available in any Agency office or on the Agency's Web site''.

PART 3560--DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS

0
22. The authority citation for part 3560 continues to read as follows:

    Authority:  42 U.S.C. 1480

Subpart A--General Provisions and Definitions


Sec.  3560.4  [Amended]

0
23. Section 3560.4(a) is amended by removing ``RD Instruction 1940-J, 
available in any Rural Development Office.'' and adding in its place 
``RD Instruction 1970-I, `Intergovernmental Review,' available in any 
Agency office or on the Agency's Web site''.

PART 3565--GUARANTEED RURAL RENTAL HOUSING PROGRAM

0
24. The authority citation for part 3565 continues to read as follows:

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

Subpart A--General Provisions


Sec.  3565.9  [Amended]

0
25. Section 3565.9(a) is amended by removing ``RD Instruction 1940-J, 
available in any Rural Development office.'' and adding in its place 
``RD Instruction 1970-I, `Intergovernmental Review,' available in any 
Agency office or on the Agency's Web site''.

PART 3570--COMMUNITY PROGRAMS

0
26. The authority citation for part 3570 continues to read as follows:

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

[[Page 80732]]

Subpart B--Community Facilities Grant Program


Sec.  3570.69  [Amended]

0
27. Section 3570.69 is amended by removing ``RD Instruction 1940-J 
(available in any Rural Development office)'' and adding in its place 
``7 CFR 3015, subpart V and RD Instruction 1970-I, `Intergovernmental 
Review,' available in any Agency office or on the Agency's Web site''.

PART 4274--DIRECT AND INSURED LOANMAKING

0
28. The authority citation for part 3570 continues to read as follows:

    Authority:  5 U.S.C. 301; 7 U.S.C. 1932 note.; 7 U.S.C. 1989

Subpart D--Intermediary Relending Program (IRP)


Sec.  4274.337  [Amended]

0
29. Section 4274.337(a) is amended by removing ``(See RD Instruction 
1940-J (available in any Rural Development State Office)).'' and adding 
in its place ``These requirements are set forth in U.S. Department of 
Agriculture regulations 7 CFR part 3015, subpart V, and RD Instruction 
1970-I, `Intergovernmental Review,' available in any Agency office or 
on the Agency's Web site''.

    Dated: December 6, 2011.
Dallas Tonsager,
Under Secretary, Rural Development.

    Dated: December 8, 2011.
Michael Scuse,
Acting Under Secretary, Farm and Foreign Agriculture Services.
[FR Doc. 2011-33025 Filed 12-23-11; 8:45 am]
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