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Code · REGISTER · 2005-04-13 · PROPOSED RULES · Unknown

Unknown. Final rule

3,745 words·~17 min read·/register/2005/04/13/05-7377·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2005-04-13.xml --- 70 70 Wednesday, April 13, 2005 Contents Agricultural Agricultural Marketing Service PROPOSED RULES Milk marketing orders: Pacific Northwest and Arizona-Las Vegas, 19636-19658 05-7295 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service See Rural Housing Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 19412 05-7339 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Meetings:
Courthouse Access Advisory Committee, 19416 05-7402 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 19476-19478 05-7385 05-7386 Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 19478-19479 05-7390 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.:
Head Start programs— Tribally Controlled Land Grant College and University Partnerships, 19479-19488 05-7030 Coast Guard Coast Guard PROPOSED RULES Vessel documentation and measurement: Lease financing for coastwise trade; withdrawn, 19376-19377 05-7436 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Customs Customs and Border Protection Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 19495-19497 05-7440 05-7443 IRS interest rates used in calculating interest on overdue accounts and refunds, 19497-19499 05-7444 Defense Defense Department RULES Civilian health and medical program of uniformed services (CHAMPUS):
TRICARE program— Nonavailability statement, referral authorization requirements, and specialized treatment services program elimination, 19263-19266 05-7361 NOTICES Meetings: Defense Business Board, 19422 05-7362 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 19422-19423 05-7419 Grants and cooperative agreements; availability, etc.: Federal student aid programs; application and other information deadline dates, 19423-19426 05-7438 Employment Employment and Training Administration NOTICES Meetings:
Native American Employment and Training Council, 19505-19506 05-7383 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Ethylene manufacturing process units; heat exchange systems and waste operations, 19266-19273 05-7404 Air programs: Stratospheric ozone protection— Refrigerant recycling; substitute refrigerants, 19273-19278 05-7407 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:
Acetamiprid, 19283-19293 05-7225 Paecilomyces lilacinus strain 251, 19278-19283 05-7226 PROPOSED RULES Air pollutants, hazardous; national emission standards: Ethylene manufacturing process units; heat exchange systems and waste operations, 19369-19371 05-7405 Air programs: Stratospheric ozone protection— Refrigerant recycling; substitute refrigerants, 19371-19376 05-7406 NOTICES Pesticide, food, and feed additive petitions: Interregional Research Project (No. 4), 19442-19446 05-7224 Valent U.S.A.
Corp., 19446-19452 05-7223 Pesticide registration, cancellation, etc.: Lonza, Inc., et al., 19440-19442 05-7310 Equal Equal Employment Opportunity Commission NOTICES Meetings; Sunshine Act, 19452 05-7537 FAA Federal Aviation Administration RULES Airworthiness directives: General Electric Co., 19259-19261 05-7387 Airworthiness standards: Special conditions— Lancair LC41-550FG and LC42-550FG airplanes, 19254-19257 05-7427 Twin Commander Aircraft models 690C, 690D, 695, 695A, and 695B airplanes, 19257-19259 05-7430 PROPOSED RULES Airworthiness directives:
Boeing, 19345-19351 05-7380 Grob-Werke, 19340-19342 05-7384 Pilatus Aircraft Ltd., 19342-19345 05-7382 NOTICES Advisory circulars; availability, etc.: Small Airplane Certification Compliance Program, 19551 05-7437 Environmental statements; availability, etc.: Juneau International Airport, AK; developmental activities, 19552 05-7429 Passenger facility charges; applications, etc.: Key Field Airport, MS, 19553 05-7426 FBI Federal Bureau of Investigation NOTICES Agency information collection activities; proposals, submissions, and approvals, 19503 05-7393 FCC Federal Communications Commission RULES Common carrier services:
N11 codes and other abbreviated dialing arrangements; use, 19321-19330 05-7179 Public mobile services and private land mobile radio services— Air-ground telecommunications services, 19293-19312 05-6948 Satellite communications— Mobile satellite service providers; flexible use of assigned spectrum over land-based transmitters, 19316-19321 05-7180 Telephone Consumer Protection Act; implementation— Do-not-call lists; maintenance requirements, 19330-19337 05-7346 Wireless telecommunication services— Universal Licensing System; development and use facilitation, 19315-19316 05-6949 Emergency Alert System, 19312-19315 05-7412 Radio stations; table of assignments:
Alabama and Florida, 19337-19338 05-7072 Ohio, 19337 05-7071 PROPOSED RULES Common carrier services: Price cap local exchange carriers; special access rates, 19381-19396 05-7350 Practice and procedure: Air-ground telecommunications services, 19377-19381 05-6950 Radio stations; table of assignments: California, 19399-19400 05-7073 Colorado and Texas, 19405 05-7347 Florida, 19396, 19400 05-7050 05-7053 Kansas, 19398, 19406-19407 05-7075 05-7078 Kentucky, 19401-19402 05-7058 Mississippi, 19396-19397 05-7077 Nevada and Pennsylvania, 19408-19409 05-7081 Oklahoma, 19403, 19407 05-7056 05-7067 Tennessee and Alabama, 19401 05-7054 Texas, 19398-19406 05-7055 05-7074 05-7079 Various States, 19397-19398, 19407-19408 05-7076 05-7080 Virginia, 19404-19405 05-7062 NOTICES Agency information collection activities; proposals, submissions, and approvals, 19452-19455 05-7060 05-7349 Common carrier services:
Wireless telecommunications services— Paging and radiotelephone service and 929-930 MHZ private carrier paging channels; terminated licenses; list, 19455-19466 05-7182 Declaratory ruling petitions: BellSouth Telecommunications, Inc., 19466-19467 05-7181 Intelligence Reform and Terrorism Prevention Act of 2004; implementation: Emergency response providers; spectrum needs, 19467-19469 05-7413 Rulemaking proceedings; petitions filed, granted, denied, etc., 19469 05-7177 05-7178 Federal Election Federal Election Commission NOTICES Meetings;
Sunshine Act, 19469 05-7533 Federal Energy Federal Energy Regulatory Commission NOTICES Environmental statements; availability, etc.: CenterPoint Energy Gas Transmission Co., 19432 E5-1734 Environmental statements; notice of intent: Bayou Casotte Energy LLC et al., 19433-19435 E5-1735 Hydroelectric applications, 19435-19437 E5-1717 E5-1718 Meetings: Equitrans, L.P.; technical conference, 19437 E5-1721 Standards of conduct for transmission providers, etc.; technical conference and workshop, 19437-19438 E5-1719 Meetings;
Sunshine Act, 19438 05-7491 Off-the-record communications, 19438-19439 E5-1720 Privacy Act: Systems of records, 19439-19440 E5-1716 *Applications, hearings, determinations, etc.:* AmerenIP, 19426 E5-1715 ANR Pipeline Co., 19426-19427 E5-1729 East Tennessee Natural Gas, LLC, 19427 E5-1725 Gas Transmission Northwest Corp., 19427-19428 E5-1723 Kern River Gas Transmission Co., 19428 E5-1730 National Fuel Gas Supply Corp., 19428 E5-1728 Natural Gas Pipeline Co. of America, 19428-19429 E5-1722 North Baja Pipeline, LLC, 19429 E5-1724 Panhandle Eastern Pipe Line Co., LP, 19429-19430 E5-1714 E5-1732 Pine Needle LNG Co., LLC, 19430 E5-1733 Tennessee Gas Pipeline Co., 19430-19431 E5-1726 Trailblazer Pipeline Co., 19431 E5-1731 Transwestern Pipeline Co., LLC, 19431-19432 E5-1727 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 19469-19470 05-7428 Ocean transportation intermediary licenses:
AA Shipping LLC et al., 19470-19471 05-7424 Cargo Zone Express Corp. et al., 19471-19472 05-7425 Magnum Freight Corp. et al., 19472 05-7423 Federal Mediation Federal Mediation and Conciliation Service NOTICES Grants and cooperative agreements; availability, etc.: Labor-Management Cooperation Program, 19472-19475 05-7397 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 19475 05-7398 Formations, acquisitions, and mergers, 19475-19476 05-7399 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings;
Sunshine Act, 19476 05-7525 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Arroyo toad, 19562-19633 05-6824 NOTICES Marine mammals: Incidental taking authorization letters— Alaska; oil and gas industry exploration activities; polar bears, 19499-19500 05-7409 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Dichlorophene and toluene capsules, 19261 05-7337 Sponsor name and address changes— Farnam Companies, Inc., 19261-19262 05-7344 NOTICES Animal drugs, feeds, and related products:
Dichlorophene and toluene capsules; withdrawn, 19488 05-7338 Committees; establishment, renewal, termination, etc.: Public advisory committees; voting consumer representative members, 19488-19489 05-7342 Reports and guidance documents; availability, etc.: Imported milk and cream; Federal Import Milk Act; compliance policy guide, 19489-19490 05-7343 Food Food and Nutrition Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 19412-19413 05-7453 Forest Forest Service NOTICES Environmental statements; notice of intent:
Monongahela National Forest, WV, 19413-19414 05-7363 Ochoco National Forest, OR, 19414-19415 05-7395 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health NOTICES Meetings: Vital and Health Statistics National Committee, 19476 05-7396 Homeland Homeland Security Department See Coast Guard See Customs and Border Protection Bureau See Transportation Security Administration NOTICES Meetings:
Homeland Security Advisory Council, 19494-19495 05-7403 Housing Housing and Urban Development Department RULES FHA programs; introduction: Previous participation certification guidelines; revision, 19660-19663 05-7351 Mortgage and loan insurance programs: Single family mortgage insurance— One-time and up-front premiums; submission schedule, 19666-19669 05-7352 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list, 19490-19493 05-7364 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service IRS Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 19555-19557 E5-1749 E5-1750 International International Trade Administration NOTICES Antidumping:
Frozen concentrated orange juice from— Brazil, 19416-19417 E5-1710 E5-1711 Hot-rolled carbon steel flat products from— Romania, 19417-19418 E5-1709 Silicomanganese from— Brazil, 19418-19419 E5-1741 Stainless steel bar from— Germany, 19419-19421 E5-1713 Tapered roller bearings and parts thereof, finished and unfinished, from— China, 19421-19422 E5-1740 International International Trade Commission NOTICES Import investigations: Solid urea from— Russia and Ukraine, 19502-19503 05-7452 Justice Justice Department See Federal Bureau of Investigation See Justice Programs Office See Parole Commission Justice Justice Programs Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 19503-19505 05-7340 05-7341 05-7392 Labor Labor Department See Employment and Training Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Disclaimer of interest applications:
Utah, 19500-19501 05-7360 Survey plat filings: New Mexico, 19501 05-7381 Maritime Maritime Administration PROPOSED RULES Vessel documentation and measurement: Lease financing for coastwise trade; withdrawn, 19376-19377 05-7436 Minerals Minerals Management Service NOTICES Meetings: Royalty Policy Committee, 19501-19502 05-7401 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: Chestnut Coal Co. et al., 19506-19507 05-7388 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:
Arts Advisory Panel, 19507 05-7432 National Endowment for the Arts, Chairperson determination: Advisory committees; information and activities; public disclosure, 19507-19508 05-7431 National Highway National Highway Traffic Safety Administration NOTICES Global Positioning System: Next generation of GPS for automotive safety; civilian use and requirements, 19553-19555 05-7434 NIH National Institutes of Health NOTICES Meetings: National Heart, Lung, and Blood Institute, 19493 05-7420 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 19494 05-7421 05-7422 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Exclusive Economic Zone— Deep-water species; closure to vessels using trawl gear in Gulf of Alaska, 19338 05-7447 Pacific cod, 19338-19339 05-7446 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Scallop, 19409-19411 05-7448 National Science National Science Foundation NOTICES Agency information collection activities; proposals, submissions, and approvals, 19508 05-7367 Parole Parole Commission RULES Federal prisoners; paroling and releasing, etc.:
United States and District of Columbia Codes; prisoners serving sentences— Parole release hearings conducted by video conferences; pilot project, 19262-19263 05-7389 Patent Patent and Trademark Office NOTICES Organization, functions, and authority delegations: Electronic System for Trademark Trials and Appeals; unavailability during agency relocation, 19422 05-7433 Personnel Personnel Management Office NOTICES Meetings: Federal Prevailing Rate Advisory Committee, 19508-19509 05-7400 Research Research and Innovative Technology Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 19555 05-7372 Rural Rural Housing Service RULES Program regulations:
Associations; funds disbursement, 19253-19254 05-7377 SEC Securities and Exchange Commission RULES Securities: IPO allocations; prohibited conduct; interpretive release, 19672-19677 05-7366 NOTICES Agency information collection activities; proposals, submissions, and approvals, 19509-19510 E5-1736 Investment Company Act of 1940: John Hancock Life Insurance Co., et al., 19523-19530 E5-1745 Public Utility Holding Company Act of 1935 filings, 19530-19534 E5-1748 Self-regulatory organizations; proposed rule changes:
American Stock Exchange LLC, 19534-19536 E5-1742 05-7435 Chicago Board Options Exchange, Inc., 19536-19538 05-7375 National Association of Securities Dealers, Inc., 19538-19547 E5-1743 E5-1746 E5-1747 National Stock Exchange, 19547-19549 E5-1744 *Applications, hearings, determinations, etc.:* MetLife Investors Insurance Co. et al., 19510-19523 E5-1737 Social Social Security Administration PROPOSED RULES Social security benefits and supplemental security income: Federal old age, survivors, and disability insurance, and aged, blind, and disabled— Hearing impairments and disturbance of labyrinthine-vestibular function; medical criteria for evaluation, 19353-19356 05-7355 Language and speech disorders; medical criteria for evaluation, 19351-19353 05-7356 Neurological impairments; medical criteria for evaluation, 19356-19358 05-7357 Parties representation; recognition, disqualification, and reinstatement of representative, 19361-19366 05-7353 Respiratory system disorders; medical criteria for evaluation, 19358-19361 05-7358 State State Department NOTICES Organization, functions, and authority delegations:
Global AIDS Coordinator, 19549 05-7415 05-7416 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: BNSF Railway Co., 19555 05-7378 Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Innovative Technology Administration See Surface Transportation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 19549-19551 05-7373 05-7374 Aviation proceedings:
Agreements filed; weekly receipts, 19551 05-7370 Certificates of public convenience and necessity and foreign air carrier permits; weekly applications, 19551 05-7371 Foreign air carriers: Standard foreign fare level index; adjustment, 19551 05-7369 Transportation Transportation Security Administration NOTICES Meetings: Aviation Security Advisory Committee, 19499 05-7391 Treasury Treasury Department See Internal Revenue Service RULES Practice and procedure: Practice before Internal Revenue Service, 19559 C4-27678 PROPOSED RULES Balanced Budget Act of 1997; implementation:
District of Columbia retirement plans; Federal benefit payments, 19366-19369 05-7291 Veterans Veterans Affairs Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 19557-19558 E5-1739 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 19562-19633 05-6824 Part III Agriculture Department, Agricultural Marketing Service, 19636-19658 05-7295 Part IV Housing and Urban Development Department, 19660-19663 05-7351 Part V Housing and Urban Development Department, 19666-19669 05-7352 Part VI Securities and Exchange Commission, 19672-19677 05-7366 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 70 70 Wednesday, April 13, 2005 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Housing Service 7 CFR Part 1942 Disbursement of Funds AGENCY: Rural Housing Service, USDA. ACTION: Final rule. SUMMARY: The Agency is revising its disbursement of funds regulations.
This action is necessary since existing regulations do not accurately reflect the current disbursement methodologies employed by the Agency. The intended effect is to simplify and update the regulations. These amended regulations are to ensure the Agencies' field offices have current guidance on the disbursement methods available. EFFECTIVE DATE: April 13, 2005. FOR FURTHER INFORMATION CONTACT: Ronald Gianella, Staff Accountant, Office of the Deputy Chief Financial Officer, Policy and Internal Review Division, U.S.
Department of Agriculture, STOP 33, P.O. Box 200011, St. Louis, MO 63120, telephone:
(314)457-4298. 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. Programs Affected The Catalog of Federal Domestic Assistance programs impacted by this action are as follows: 10.405—Farm Labor Housing Loans and Grants 10.415—Rural Rental Housing Loans 10.433—Rural Housing Preservation Grants 10.766—Community Facilities Loans and Grants Intergovernmental Consultation Programs with Catalog of Federal Domestic Assistance numbers 10.405, 10.415, 10.433, and 10.766 are subject to the provisions of Executive Order 12372 which requires intergovernmental consultation with State and local officials. 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. Paperwork Reduction Act There are no new reporting and recordkeeping requirements associated with this rule. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. L. 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, the 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 1 year. When such a statement is needed for a rule, section 205 of the UMRA generally requires the 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. Discussion of Final Rule These subparts are being revised to conform with changes made to 7 CFR 2018, subpart D, to include information concerning implementation of electronic funds transfer. List of Subjects in 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. Accordingly, Chapter XVIII, Title 7, of the 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. 1932; 7 U.S.C. 1989; and 16 U.S.C. 1005. Subpart A—Community Facility Loan 2. Section 1942.7 is amended by revising paragraphs
(a)and
(e)to read as follows: § 1942.7 Loan closing.
(a)*Authority to execute, file, and record legal instruments.* Area Office employees are authorized to execute and file or record any legal instruments necessary to obtain or preserve security for loans.
(e)*Loan disbursements.* Whenever a loan disbursement is received, lost, or destroyed, the Rural Development Manager will take appropriate actions outlined in Rural Development Instruction 2018-D. 3. Section 1942.12 is amended by revising paragraphs
(a)and
(b)to read as follows: § 1942.12 Loan cancellation.
(a)*Form Rural Development 1940-10, “Cancellation of U.S. Treasury Check and/or Obligation.”* The Rural Development Manager or State Director may prepare and execute Form Rural Development 1940-10, Cancellation of U.S. Treasury Check and/or Obligation, in accordance with the Forms Manual Insert (FMI). If the disbursement has been received or is subsequently received in the Area Office, the Rural Development Manager will return it as prescribed in Rural Development Instruction 2018-D.
(b)*Notice of Cancellation.* If the docket has been forwarded to Office of General Counsel that office will be notified of the cancellation by copy of Form Rural Development 1940-10. Any application for title insurance, if ordered, will be cancelled. The borrower's attorney and engineer/architect, if any, should be notified of the cancellation. The Rural Development Manager may provide the borrower's attorney and engineer/architect with a copy of the notification to the applicant. The State Director will notify the Director of Legislative Affairs and Public Information by telephone or electronic mail and give the reasons for such cancellation. 4. Section 1942.15 is revised to read as follows: § 1942.15 Delegation and redelegation of authority. The State Director is responsible for implementing the authorities in this subpart and for issuing State supplements redelegating authorities. Loan and grant approval authority is in Subpart A of Part 1901 of this chapter. Except for loan and grant approval authority, Rural Development Manager may redelegate their duties to qualified staff members. Subpart C—Fire and Rescue and Other Small Community Facilities Projects 5. Section 1942.123 is amended by revising paragraphs (h)(2), (h)(3), (j), and
(l)to read as follows: § 1942.123 Loan closing.
(h)* * *
(2)The Office of the Deputy Chief Financial Officer will prepare a statement of account including accrued interest through the proposed date of retirement and also show the daily interest accrual. The statement of account and the interim financing instruments will be forwarded to the Rural Development Manager.
(3)The Rural Development Manager will collect interest through the actual date of the retirement and obtain the permanent instrument(s) of debt in exchange for the interim financing instruments. The permanent instruments and the cash collection will be forwarded to the Office of the Deputy Chief Financial Officer immediately, except that for notes and single instrument bonds fully registered as to principal and interest the original will be retained in the Area Office and a copy will be forwarded to the Office of the Deputy Chief Financial Officer. In developing the permanent instruments, the sequence of preference set out § 1942.19(e) of Subpart A of Part 1942 of this chapter will be followed.
(j)*Loan disbursements.* Whenever a loan disbursement is received, lost, or destroyed, the Rural Development Manager will take the appropriate actions outlined in Rural Development Instruction 2018-D.
(1)*Review of loan closing.* When the loan has been closed, the Rural Development Manager will submit the completed loan closing documents and a statement showing what was done in closing the loan to the State Director. The State Director will review the documents and the Rural Development Manager's statement to determine whether the transaction was closed properly. For loans to public bodies or Indian tribes the State Director will forward all documents, along with a statement that all administrative requirements have been met, to the Regional Attorney. The Regional Attorney will review the submitted material to determine whether all legal requirements have been met. The Regional Attorney should review Rural Development standard forms only for proper execution, unless the State Director brings attention to specific questions. Facility development should not be held up pending receipt of the Regional Attorney opinion. When the review of the State Director has been completed, and for public bodies and Indian tribes the Regional Attorney's opinion has been received, the State Director must advise the Rural Development Manager of any deficiencies that must be corrected and return all material that was submitted for review. Dated: March 9, 2005. Russell T. Davis, Administrator, Rural Housing Service. [FR Doc. 05-7377 Filed 4-12-05; 8:45 am]
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