[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Rules and Regulations]
[Pages 3379-3380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1149]
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DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Rural Utilities Service
7 CFR Part 4279
Biorefinery Assistance Guaranteed Loans; Correction
AGENCY: Rural Business-Cooperative Service and Rural Utilities Service,
USDA.
ACTION: Interim rule; correction.
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SUMMARY: The Agency published a rule in the Federal Register on
February 14, 2011, establishing a guaranteed loan program for the
development and construction of commercial-scale biorefineries and for
the retrofitting of existing facilities using eligible technology for
the development of advanced biofuels. The document inadvertently
omitted provisions as to what an applicant is to do in the event either
an appraisal is not completed or a credit rating cannot be obtained at
the time of application. This document corrects the omissions.
DATES: The correction is effective January 24, 2012.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Kelley Oehler, (202) 720-6819.
SUPPLEMENTARY INFORMATION:
Need for Correction
As published, the interim rule requires applicants to submit a
``credit rating'' with the application. The Agency inadvertently
omitted an alternative to ``credit rating'' when applicants are unable
to obtain one at the time of application. Therefore, the Agency is
correcting the interim rule to redress this situation in Sec. Sec.
4279.202(d) and 4279.261(b)(6) by allowing the submittal of a ``credit
assessment'' at the time the application is submitted.
In addition, the interim rule does not address what an applicant is
to do in the event an appraisal has not been completed at the time of
application. Previously, in implementing through a series of notices
published in the Federal Register, the Agency allowed such applicants
to submit an estimated appraisal. This allowance was inadvertently left
out of the interim rule, and the Agency has revised Sec. 4279.261(e)
accordingly. The credit rating and appraisal would need to be provided
before issuance of the Loan Note Guarantee.
List of Subjects in 7 CFR Part 4279
Biorefinery assistance, Loan programs--Business and industry, Rural
development assistance, Rural areas.
For the reasons set forth in the preamble, title 7, chapter XLII of
the Code of Federal Regulations, is amended as follows:
CHAPTER XLII--RURAL BUSINESS-COOPERATIVE SERVICE AND RURAL UTILITIES
SERVICE, DEPARTMENT OF AGRICULTURE
PART 4279--GUARANTEED LOANMAKING
0
1. The authority citation for part 4279 continues to read as follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989, and 7 U.S.C. 1932(a).
Subpart C--Biorefinery Assistance Loans
0
2. Section 4279.202 is amended by revising paragraph (d) to read as
follows:
Sec. 4279.202 Compliance with Sec. Sec. 4279.1 through 4279.84.
* * * * *
(d) Independent credit risk analysis. The Agency will require an
evaluation and either a credit rating or a credit assessment of the
total project's indebtedness, without consideration for a government
guarantee, from a nationally-recognized rating agency for loans of
$125,000,000 or more.
* * * * *
0
3. Section 4279.261 is amended by revising paragraphs (b)(6) and (e) to
read as follows:
Sec. 4279.261 Application for loan guarantee content.
* * * * *
(b) * * *
(6) For loans of $125 million or more, an evaluation and either a
credit rating or a credit assessment of the total project's
indebtedness, without consideration for a government guarantee, from a
nationally-recognized rating agency; and
* * * * *
[[Page 3380]]
(e) Appraisals. Unless otherwise approved by the Agency, an
appraisal conducted as specified under Sec. 4279.244.
* * * * *
Dated: January 11, 2012.
Dallas Tonsager,
Under Secretary, Rural Development.
[FR Doc. 2012-1149 Filed 1-23-12; 8:45 am]
BILLING CODE 3410-XY-P