Unknown. Final rule

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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-2007-11-15.xml --- 72 220 Thursday, November 15, 2007 Contents Agricultural Agricultural Marketing Service RULES Tomatoes grown in Florida, 64123-64126 E7-22277 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Sheep and goat semen, 64126-64129 E7-22279 PROPOSED RULES Hawaiian and territorial quarantine notices: Fruits and vegetables; interstate movement from Hawaii to continental United States— Mangosteen, etc., 64163-64170 E7-22278 Army Army Department NOTICES Meetings: Board of Visitors; United States Military Academy, 64200 E7-22328 Census Census Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 64192-64193 E7-22234 Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, E7-22308 64228-64230 E7-22314 E7-22315 Centers Centers for Medicare & Medicaid Services RULES Medicare:

Physicians referrals to health care entities with which they have financial relationships (Phase III), 64161-64162 07-5655 Chemical Chemical Safety and Hazard Investigation Board NOTICES Senior Executive Service Performance Review Board; membership, 64192 E7-22332 Coast Guard Coast Guard RULES Drawbridge operations: Louisiana, E7-22364 64152-64153 E7-22366 PROPOSED RULES Drawbridge operation: Louisiana, 64175-64177 E7-22363 Drawbridge operations: Louisiana, 64177-64179 E7-22365 NOTICES Agency information collection activities; proposals, submissions, and approvals, 64233-64235 E7-22367 Meetings:

Bellaire Bridge, Bellaire, OH; public hearing, 64235 E7-22351 National Maritime Security Advisory Committee, 64235-64236 E7-22355 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration Defense Defense Department See Army Department PROPOSED RULES Federal Acquisition Regulation (FAR): Post retirement benefits, 64185-64186 07-5669 NOTICES Committees; establishment, renewal, termination, etc.:

Traumatic Brain Injury Family Caregiver Panel, 64198-64200 E7-22324 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 64200 E7-22335 Employment Employment and Training Administration NOTICES Adjustment assistance; applications, determinations, etc.: Anisonia Copper and Brass, Inc., 64243 E7-22323 ArvinMeritor, 64244 E7-22322 First American Title Insurance Co., 64244-64245 E7-22321 Precept Medical Products, Inc., et al., 64245-64247 E7-22319 Swift Galey, 64247 E7-22320 TEVA et al., 64247-64248 E7-22318 Grants and cooperative agreements; availability, etc.:

Rural Industrialization Loan and Grant Program, 64248-64249 E7-22325 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Consumer products; energy conservation program: Energy conservation standards— Dishwashers, dehumidifiers, electric and gas kitchen ranges and ovens and commercial clothes washers, 64432-64515 E7-22040 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

All States, 64158-64160 E7-22361 California, 64156-64158 E7-21811 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 64179 E7-21810 NOTICES Committees; establishment, renewal, termination, etc.: Farm, Ranch, and Rural Communities Advisory Committee, 64215-64216 E7-22380 Meetings: Clean Air Scientific Advisory Committee, 64216-64217 E7-22372 Science Advisory Board, 64217-64218 E7-22371 Pesticide programs: Federal Food, Drug, and Cosmetic Act— Pesticide active ingredients and inerts; list; comment extension, 64218-64219 E7-22379 Equal Equal Employment Opportunity Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 64219-64221 E7-22242 Executive Executive Office of the President See Presidential Documents Farm Farm Credit Administration RULES Farm Credit System:

Disclosure to investors— System-wide and consolidated bank debt obligations, 64129-64130 E7-22312 Farm Farm Service Agency RULES Special programs: Direct Farm Loan Programs; regulatory streamlining, 64119-64123 07-5659 FAA Federal Aviation Administration RULES Airworthiness directives: Boeing, 64130-64135, E7-21991 E7-21993 64139-64145 E7-21999 E7-22000 Cessna, 64135-64139 E7-22179 Class E airspace, 64145-64147 E7-22205 07-5646 PROPOSED RULES Airworthiness directives: Boeing, 64171-64172 E7-22329 Turbomeca, 64172-64173 E7-22330 Regulatory review, 64170-64171 E7-22346 NOTICES Passenger facility charges; applications, etc.:

Phoenix, AZ, et al, 64270-64273 07-5645 FCC Federal Communications Commission PROPOSED RULES Common carrier services: Local exchange carriers; just and reasonable rates establishment, 64179-64185 E7-22342 NOTICES Agency information collection activities; proposals, submissions, and approvals, 64221-64226 E7-22339 E7-22340 07-5697 07-5699 Federal Energy Federal Energy Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 64200-64201 E7-22284 Complaints filed:

Rockies Express Shippers, 64204 E7-22281 Electric rate and corporate regulation combined filings, 64204-64208 E7-22272 E7-22275 E7-22276 Environmental statements; notice of intent: Northern Natural Gas Co., 64208-64210 E7-22291 Hydroelectric applications, 64210-64213 E7-22285 E7-22286 E7-22287 E7-22289 Meetings; Sunshine Act, 64213-64215 E7-22292 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission, LLC, 64201-64202 E7-22290 Columbia Gas Transmission Corp., 64202 E7-22283 Dominion Cove Point LNG, LP, 64202-64203 E7-22282 Virginia Electric and Power Co., 64203-64204 E7-22288 FMC Federal Maritime Commission NOTICES Agreements filed, etc., 64226 E7-22384 Ocean transportation intermediary licenses:

Columbia River Logistics Services et al., 64226 E7-22356 Guardian Global Transport; correction, 64226 E7-22383 Puerto Rico Freight Systems, Inc., 64226-64227 E7-22347 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications; vision requirement exemptions, E7-22350 64273-64275 E7-22352 Fish Fish and Wildlife Service RULES Endangered and threatened species: Critical habitat designations— Seven mussels, 64286-64340 07-5551 NOTICES Comprehensive conservation plans; availability, etc.:

Big Branch Marsh National Wildlife Refuge, LA, 64236 E7-22311 Foreign Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 64242-64243 07-5718 Forest Forest Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 64191 E7-22316 GSA General Services Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Post retirement benefits, 64185-64186 07-5669 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Physical Activity Guidelines Advisory Committee, 64227-64228 E7-22333 Homeland Homeland Security Department See Coast Guard Industry Industry and Security Bureau NOTICES Chemical Weapons Convention regulations: Schedule 1 chemicals; implementation impact on commercial activities, 64193-64194 E7-22386 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service RULES Income taxes:

Tax-exempt entities not currently required to file; notification requirement, 64147-64150 E7-22299 PROPOSED RULES Income taxes: Tax-exempt entities not currently required to file; notification requirement, 64174-64175 E7-22280 International International Trade Administration NOTICES Antidumping: Chlorinated Isocyanurates from— Spain, 64194-64196 07-5700 International International Trade Commission NOTICES Import investigations: Digital televisions and certain products containing same and methods using same, 64240-64241 E7-22207 Sodium nitrate from— China and Germany, 64241-64242 E7-22296 Meetings;

Sunshine Act, 64242 E7-22269 Justice Justice Department See Foreign Claims Settlement Commission See Justice Programs Office Justice Justice Programs Office NOTICES Meetings: Juvenile Justice and Delinquency Prevention Coordinating Council, 64243 E7-22301 Labor Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 64236-64237 E7-22238 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 64238-64240 E7-22300 Minority Minority Business Development Agency NOTICES Grants and cooperative agreements; availability, etc.:

Native American Business Enterprise Centers, 64196-64197 E7-22387 NASA National Aeronautics and Space Administration PROPOSED RULES Federal Acquisition Regulation (FAR): Post retirement benefits, 64185-64186 07-5669 National Archives National Archives and Records Administration RULES Records management: Media-neutral records schedules, 64153-64155 E7-22376 National Highway National Highway Traffic Safety Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 64275-64276 E7-22265 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 64230-64231 E7-22302 Patent licenses; non-exclusive, exclusive, or partially exclusive:

BN Immuno Therapeutics, 64232 E7-22303 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management: Atlantic highly migratory species— Atlantic shark, 64186-64187 E7-22377 Northeastern United States Fisheries— Atlantic Surfclam and Ocean Quahog, 64187-64190 E7-22381 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 64197 E7-22215 Pacific Fishery Management Council, 64197-64198 E7-22214 Reports and guidance documents; availability, etc.:

Alternative aquaculture feeds; development, 64198 E7-22358 National Park National Park Service NOTICES Meetings: White House Preservation Committee, 64240 E7-22307 Nuclear Nuclear Regulatory Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 64249-64250 E7-22334 Environmental statements; availability, etc.: Pacific Gas & Electric Co., 64252 E7-22349 *Applications, hearings, determinations, etc.:* Universal Testing, LLC, 64250-64252 E7-22389 Occupational Occupational Safety and Health Administration RULES Occupational safety and health standards:

Personal protective equipment; employer payment, 64342-64430 07-5608 NOTICES Committees; establishment, renewal, termination, etc.: Occupational Safety and Health Federal Advisory Council, 64249 E7-22310 Pension Pension Benefit Guaranty Corporation RULES Single-employer plans: Allocation of assets— Interest assumptions for valuing and paying benefits, 64150-64152 E7-22326 NOTICES Single-employer plans: Interest rates and assumptions, 64253 E7-22327 Postal Postal Regulatory Commission RULES Practice and procedure:

Postal ratemaking system; implementation Correction, 64155 07-5683 Presidential Presidential Documents EXECUTIVE ORDERS Government agencies and employees: Federal Government programs performance; improvement efforts (EO 13450), 64517-64522 07-5726 Rural Rural Business-Cooperative Service RULES Special programs: Direct Farm Loan Programs; regulatory streamlining, 64119-64123 07-5659 Rural Rural Housing Service RULES Special programs: Direct Farm Loan Programs; regulatory streamlining, 64119-64123 07-5659 RUS Rural Utilities Service RULES Special programs:

Direct Farm Loan Programs; regulatory streamlining, 64119-64123 07-5659 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: BTOP50 Managed Futures Fund and Asset Alliance Advisors, Inc, 64253-64255 E7-22204 Tower 21st Century Fund LLC, et al, 64255-64259 E7-22297 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 64259-64261 E7-22203 Chicago Board Options Exchange, Inc., 64261-64262 E7-22337 Chicago Stock Exchange, Inc., 64262-64263 E7-22336 International Securites Exchange LLC, 64264-64265 E7-22338 NYSE Arca, Inc., 64265-64266 E7-22295 Philadelphia Stock Exchange, Inc., 64266-64269 E7-22293 E7-22294 SBA Small Business Administration NOTICES Small business size standards:

Nonmanufacturer rule; waivers— Electromedical and electrotherapeutic apparatus manufacturing, 64270 E7-22357 Irradiation apparatus manufacturing, 64269-64270 E7-22353 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 64232-64233 E7-22306 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Utah Central Railway Co., 64276 E7-22212 Transportation Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 64276-64282 07-5686 Meetings:

Auditing Profession Advisory Committee, 64283 E7-22254 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 64286-64340 07-5551 Part III Labor Department, Occupational Safety and Health Administration, 64342-64430 07-5608 Part IV Energy Department, Energy Efficiency and Renewable Energy Office, 64432-64515 E7-22040 Part V Executive Office of the President, Presidential Documents, 64517-64522 07-5726 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. 72 220 Thursday, November 15, 2007 Rules and Regulations DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Parts 771, 772, 773, and 774 Rural Business-Cooperative Service Rural Housing Service Rural Utilities Service Farm Service Agency 7 CFR Parts 1806, 1901, 1910, 1924, 1925, 1927, 1940, 1941, 1943, 1950, 1951, 1955, 1956, 1962, and 1965 RIN 0560-AF60 Regulatory Streamlining of the Farm Service Agency's Direct Farm Loan Programs;

Conforming Changes AGENCIES: Farm Service Agency, Rural Business-Cooperative Service; Rural Housing Service; and Rural Utilities Service, USDA. ACTION: Final rule. SUMMARY: This rule removes the Farm Service Agency's direct Farm Loan Programs regulations from the Rural Development's mission area loan program regulations. In addition, it makes conforming changes to FSA's regulations for the boll weevil eradication loan program, the servicing of minor program loans, the special apple loan program, and the emergency loan for seed producers program.

DATES: *Effective Date:* December 31, 2007. FOR FURTHER INFORMATION CONTACT: William D. Cobb, USDA, FSA, DAFLP, STOP 0520, 1400 Independence Avenue, SW., Washington, DC 20250-0520; telephone

(202)720-1059; electronic mail: *bill_cobb@wdc.usda.gov* . SUPPLEMENTARY INFORMATION: Discussion of the Final Rule FSA proposed to move the majority of its Farm Loan Programs direct loan making and servicing rules from Chapter XVIII to Chapter VII of the Code of Federal Regulations

(CFR)in a proposed rule it published on February 9, 2004 (69 FR 6055-6121). Prior to the Department of Agriculture Reorganization Act of 1994 (1994 Act), Chapter XVIII contained the former Farmers Home Administration

(FmHA)program regulations and Chapter VII contained the former Agricultural Stabilization and Conservation Service

(ASCS)program regulations. The 1994 Act abolished both FmHA and ASCS and consolidated FmHA's Farm Loan Programs and ASCS programs under the newly created FSA, while the remaining FmHA programs were transferred to the Rural Development mission area agencies. With the exceptions listed below, this final rule removes from Chapter XVIII references to FmHA Farm Loan Programs, now operated by FSA. As a result of the 1994 Act, some of the CFR subparts published by FmHA were used by FSA and one or more of the Rural Development mission area agencies, while others were used exclusively by FSA. The Farm Loan Programs direct loan making and servicing rules were dispersed throughout Chapter XVIII, making their use difficult for all but the most well-informed user. Therefore, in a final rule published on November 8, 2007 (72 FR 63241-63361), FSA is moving its Farm Loan Programs regulations from Chapter XVIII to Chapter VII, and is consolidating and reorganizing them in a logical manner making them easier to use by the general public, applicants and borrowers, and FSA. In the proposed rule of February 9, 2004, FSA stated that when the final rule was published, it would remove the Chapter XVIII subparts used only by FSA. However, as provided in the prefatory remarks to the final rule published on November 8, 2007, FSA will continue to use subpart G of 7 CFR part 1940, subpart C of 7 CFR part 1951, and subpart B of 7 CFR part 1956 until it publishes a final rule revising 7 CFR 799 for environmental procedures and 7 CFR part 792 for debt settlement policies and procedures. Lastly, FSA is amending 7 CFR parts 771, 772, 773, and 774 to remove CFR citations that no longer are valid. Executive Order 12866 This rule has been determined to be not significant under Executive Order 12866 and was not reviewed by OMB. Regulatory Flexibility Act In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-602), the undersigned has determined and certified by signature of this document that this rule will not have a significant economic impact on a substantial number of small entities. This rule does not impose any new requirements on FSA applicants and borrowers. In some cases, existing information collections and regulatory requirements have been reduced as a result of streamlining the loan making and servicing application processes. Environmental Assessment FSA has completed an Environmental Assessment

(EA)in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321-4347, the regulations of the Council on Environmental Quality (40 CFR parts 1500-1508) and the FSA regulations for compliance with NEPA, 7 CFR part 1940, subpart G. A finding of no significant impact (FONSI) was determined as a result of the EA process. The final EA and FONSI are available for review at *http://www.fsa.usda.gov/FSA/webapp?area=home&subject=ecrc&topic=enl-ea* . FSA will accept comments on the final EA and FONSI for a period of 30 days from the date of publication of this rule. Executive Order 13132 The policies contained in this rule do not have a substantial direct effect on the 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 final rule impose substantial direct compliance costs on state and local governments. Therefore, consultation with the States is not required. Executive Order 12988 This final rule has been reviewed in accordance with Executive Order 12988, Civil Justice Reform. In accordance with this Executive Order:

(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 in accordance with 7 CFR parts 11 and 780 must be exhausted before bringing suit in court challenging action taken under this rule unless those regulations specifically allow bringing suit at an earlier time. Executive Order 12372 For reasons contained in the Notice regarding 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), the programs within this rule are excluded from the scope of E.O. 12372, which requires intergovernmental consultation with State and local officials. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, requires Federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments or 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 requires FSA to prepare a written statement, including a cost benefit assessment, for proposed and final rules with “Federal mandates” that may result in such expenditures for state, local, or tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates, as defined under Title II of the UMRA, for state, local, and tribal governments or the private sector. Thus, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Paperwork Reduction Act The amendments to 7 CFR 1806, 1901, 1924, 1925, 1927, 1951, and 1955 contained in this final rule have been approved by OMB under control numbers 0575-0042, 0575-0075, 0575-0087, 0575-0088, 0575-0093, 0575-0147, 0575-0158, and 0575-0172. In accordance with 5 CFR 1320, FSA submitted to OMB correction worksheets to transfer applicable information collections to FSA-assigned OMB control numbers. E-Government Act Compliance FSA is 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. FSA has posted on the e-Gov Web site at *http://www.sc.egov.usda.gov* all the forms an applicant or borrower has to complete in their entirety, or review and execute. Further, FSA has made available its handbooks at *http://www.fsa.usda.gov/FSA/webapp?area=home&subject=lare&topic=hbk* . Applicants or borrowers may download and review any agency handbook through the “Laws and Regulations” link, and become familiar with the requirements for applying for benefits. Federal Assistance Programs These changes affect the following FSA programs as listed in the Catalog of Federal Domestic Assistance: 10.404—Emergency Loans 10.406—Farm Operating Loans 10.407—Farm Ownership Loans List of Subjects 7 CFR Part 771 Loan programs—agriculture, Pesticides and pests, Cotton. 7 CFR Part 772 Agriculture, Credit, Rural areas. 7 CFR Part 773 Fruits, Loan programs—agriculture. 7 CFR Part 774 Seeds, Loan programs—agriculture. 7 CFR Part 1806 Buildings, Community development, Disaster assistance, Flood plains, Housing, Loan programs—Housing and Community Development, Insurance, Loan programs—Agriculture, Real property insurance, Rural areas. 7 CFR Part 1901 Finance, Historic preservation, Loan Programs—Agriculture, Loan programs—Housing and community development, Natural resources, Rural areas. 7 CFR Part 1910 Administrative practice and procedures, Applications, Credit, Government contracts, Loan programs—Agriculture, Loan programs—Housing and community development, Low and moderate income housing, Marital status discrimination, Reporting requirements, Sex discrimination. 7 CFR Part 1924 Agriculture, Construction management, Construction and repair, Energy conservation, Housing, Loan programs—Agriculture, Loan programs—Housing and community development, Low and moderate income housing. 7 CFR Part 1925 Real property taxes, Taxes. 7 CFR Part 1927 Loan programs—Agriculture, Loan programs—Housing and community development, Mortgages. 7 CFR Part 1940 Administrative practice and procedure, Agriculture, Allocations, Grant programs—Housing and community development, Loan programs—Agriculture, Rural areas. 7 CFR Parts 1941 and 1943 Applicant eligibility, Beginning farmers and ranchers, Loan programs—agriculture. 7 CFR Part 1950 Accounting, Loan programs—Agriculture, Military personnel. 7 CFR Part 1951 Accounting, Account servicing, Credit, Debt restructuring, Foreclosure, Government acquired property, Loan programs—Agriculture, Loan programs—Housing and community development, Low and moderate income housing loans—Servicing, Mortgages, Rural areas, Sale of government acquired property, Surplus government property. 7 CFR Part 1955 Foreclosure, Government acquired property, Government property management, Sale of government acquired property, Surplus government property. 7 CFR Part 1956 Accounting, Loan programs—Agriculture, Rural areas. 7 CFR Part 1962 Crops, Government property, Livestock, Loan programs—Agriculture, Rural areas. 7 CFR Part 1965 Foreclosure, Loan programs—Agriculture, Rural areas. Accordingly, 7 CFR Chapters VII and XVIII are amended as follows: PART 771—BOLL WEEVIL ERADICATION LOAN PROGRAM 1. The authority citation for part 771 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; and Pub. L. 104-180, 110 Stat. 1569. 2. Revise the first sentence of § 771.15(c) introductory text to read as follows: § 771.15 Loan servicing.

(c)*Restructuring* . The provisions of 7 CFR part 766 are not applicable to loans made under this section. * * * PART 772—SERVICING MINOR PROGRAM LOANS 3. The authority citation for part 772 continues to read as follows: Authority: 5 U.S.C. 301, 7 U.S.C. 1989, 25 U.S.C. 490. 4. Revise the second sentence of § 772.9

(b)to read as follows: § 772.9 Releases.

(b)*Borrower liability* . * * * IMP borrowers who have had previous debt forgiveness on a farm loan program loan as defined in 7 CFR part 761, however, cannot be released from liability by FSA until the previous loss to the Agency has been repaid with interest from the date of debt forgiveness. * * * 5. Revise the first sentence of § 772.11 to read as follows: § 772.11 Transfer and assumption—IMP loans. Transfers and assumptions for IMP loans are processed in accordance with 7 CFR part 765. * * * 6. Revise the first sentence of § 772.12 (b)(2) to read as follows: § 772.12 Graduation.

(b)* * *

(1)* * *

(2)All IMP borrowers classified as “commercial” or “standard” by the agency must be reviewed at least every 2 years. * * * 7. Revise § 772.13

(b)to read as follows: § 772.12 Delinquent account servicing.

(b)*IMP loans* . Delinquent IMP borrowers will be serviced according to 7 CFR part 3, part 766, and part 1951, subpart C, concerning internal agency offset and referral to the Department of the Treasury Offset Program and Treasury Cross-Servicing (or successor regulations). 8. Revise the second sentence of § 772.16 to read as follows: § 772.16 Liquidation. * * * If such a transfer or voluntary sale is not carried out, the loan will be liquidated according to 7 CFR part 766. * * * 9. Revise § 772.17 to read as follows: § 772.17 Equal opportunity and non-discrimination requirements. With respect to any aspect of a credit transaction, the Agency will comply with the requirements of the Equal Credit Opportunity Act and the Department's civil rights policy in 7 CFR part 15d. PART 773—SPECIAL APPLE LOAN PROGRAM 10. The authority citation for part 773 continues to read as follows: Authority: Pub. L. 106-224. 11. Revise § 773.22 to read as follows: § 773.22 Loan servicing. Loans will be serviced as a Non-program loan in accordance with 7 CFR part 766 during the term of the loan. If the loan is not paid in full during this term, servicing will proceed in accordance with 7 CFR part 766, subpart H. PART 774—EMERGENCY LOAN FOR SEED PRODUCERS PROGRAM 12. The authority citation for part 774 continues to read as follows: Authority: Pub. L. 106-224. 13. Revise the second sentence of § 774.18(b)(2) to read as follows: § 774.18 Interest rate, terms and security requirements.

(b)* * *

(2)* * * If the loan is not paid in full during this time and default occurs, servicing will proceed in accordance with 7 CFR part 766, subpart H. 14. Revise § 774.23 to read as follows: § 774.23 Loan servicing. Loans will be serviced as a Non-program loan in accordance with 7 CFR part 766. If the loan is not repaid as agreed and default occurs, servicing will proceed in accordance with 7 CFR part 766, subpart H. PART 1806—INSURANCE 15. The authority citation for part 1806 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480; 42 U.S.C. 2942. Subpart A—Real Property Insurance 16. Section 1806.1(a) is amended by removing the text “the Farm Credit Programs of the Farm Service Agency

(FSA)or” in the first sentence; and adding a new last sentence to read as follows: § 1806.1 General.

(a)* * * This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. Subpart B—National Flood Insurance 17. Section 1806.21(a) is amended by revising the last sentence to read as follows: § 1806.21 General.

(a)* * * This subpart does not apply to Farm Service Agency, Farm Loan Programs and to Rural Rental Housing, Rural Cooperative Housing, or Farm Labor Housing programs of the Rural Housing Service. PART 1901—PROGRAM-RELATED INSTRUCTIONS 18. The authority citation for part 1901 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480. Subpart F—Procedures for the Protection of Historical and Archeological Properties 19. Section 1901.251 is amended by adding a new last sentence to read as follows: § 1901.251 Purpose. * * * This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. Subpart K—Certificates of Beneficial Ownership and Insured Notes 20. Section 1901.501 is amended by adding a new last sentence to read as follows: § 1901.501 Purpose. * * * This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. Subpart N [Removed] 21. Subpart N is removed and reserved. PART 1910—GENERAL 22. The authority citation for part 1910 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480. Subpart A [Removed] 23. Subpart A is removed and reserved. Subpart B—Credit Reports (Individual) 24. Amend § 1910.51 by adding a new last sentence to read as follows: § 1910.51 Purpose. * * * This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. Subpart C—Commercial Credit Reports 25. Amend § 1910.101 by adding a new last sentence to read as follows: § 1910.101 Preface. * * * This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. PART 1924—CONSTRUCTION AND REPAIR 26. The authority citation for part 1924 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480. Subpart A—Planning and Performing Construction and Other Development 27. Section 1924.1 is amended by removing the text “, insured Farm Ownership (FO), Soil and Water (SW), Softwood Timber (ST)” and the text “, and Emergency

(EM)loans for individuals” from the first sentence; and adding a new last sentence to read as follows: § 1924.1 Purpose * * * This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. Subpart B—[Removed] 28. Subpart B is removed and reserved. PART 1925—TAXES 29. The authority citation for part 1925 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480. Subpart A—Real Estate Tax Servicing 30. Section 1925.1 is amended by removing the text “a Farm Ownership (FO), Operating Loan (OL), Soil and Water (SW), Recreation Loan (RL), Emergency (EM), Economic Opportunity (EO),” and “Softwood Timber (ST),” in the first sentence; and adding a new last sentence to read as follows: § 1925.1 General. * * * This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. PART 1927—TITLE CLEARANCE AND LOAN CLOSING 31. The authority citation for part 1927 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480. Subpart B—Real Estate Title Clearance and Loan Closing 32. Section 1927.51(a) is amended by removing the text “and Farm Service Agency

(FSA)loans: Farm Ownership (FO), Nonfarm Enterprise (FO-NFE), Emergency (EM), Operating (OL)” in the first sentence; removing the text “Soil and Water (SW), Indian Land acquisition loan involving nontrust property,” in the first sentence; and adding a new last sentence to read as follows: § 1927.51 General.

(a)* * * This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. PART 1940—GENERAL 33. The authority citation for part 1940 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480. Subpart L—Methodology and Formulas for Allocation of Loan and Grant Program Funds 34. Section 1940.551(a) is amended by adding a new last sentence to read as follows: § 1940.551 Purpose and general policy.

(a)* * * This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. §§ 1940.555 through 1940.559 [Removed] 35. Remove and reserve §§ 1940.555 through 1940.559. PART 1941—[REMOVED] 36. Remove and reserve part 1941. PART 1943—[REMOVED] 37. Remove and reserve part 1943. PART 1950—GENERAL 38. The authority citation for part 1950 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480. Subpart C—Servicing Accounts of Borrowers Entering the Armed Forces 39. Section 1950.101 is amended by adding a new last sentence to read as follows: § 1950.101 Purpose. * * * This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. PART 1951—SERVICING AND COLLECTIONS 40. 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 A—Account Servicing Policies 41. Section 1951.1 is amended by removing the text “Farmer Program loans

(FP)which include Softwood Timber (ST), Operating Loan (OL), Farm Ownership (FO), Soil and Water (SW), Recreation Loan (RL), Emergency Loan (EM), Economic Emergency Loan (EE), Special Livestock Loan (SL), Economic Opportunity Loan (EO), and Rural Housing Loan for farm service buildings (RHF)”; and adding a new last sentence to read as follows: § 1951.1 Purpose. * * * In addition, this subpart is inapplicable to Farm Service Agency, Farm Loan Programs. Subpart C—Offsets of Federal Payments to USDA Agency Borrowers 42. Revise the fourth and fifth sentences of the introductory text of § 1951.111 and the third sentence of § 1951.111(d)(1) to read as follows: § 1951.111 Salary offset. * * * For delinquent Farm Loan Programs direct loans, salary offset will not begin until the borrower has been notified of servicing options in accordance with 7 CFR part 766. In addition, for Farm Loan Programs direct loans, salary offset will not be instituted if the Federal salary has been considered on the farm operating plan, and it was determined the funds were to be used for another purpose other than payment on the USDA Agency loan. * * *

(d)* * *

(1)* * * For Farm Loan Programs direct loans, this notice will be sent after the borrower is over 90 days past due and immediately after sending notification of servicing rights in accordance with 7 CFR part 766. * * * Subpart D—Final Payment on Loans 43. Section 1951.151 is amended by removing the text “Farm Service Agency (FSA),” in the first sentence; and adding a new last sentence to read as follows: § 1951.151 Purpose. * * * In addition, this subpart is inapplicable to Farm Service Agency, Farm Loan Programs. Subpart F—Analyzing Credit Needs and Graduation of Borrowers 44. Section 1951.251 is amended by removing the text “Farm Service Agency (FSA)”, in the third sentence; and revising the fourth sentence to read as follows: § 1951.251 Purpose. * * * This subpart does not apply to Farm Service Agency, Farm Loan Programs and to RHS direct single family housing

(SFH)customers. * * * Subparts J, L, S, and T—[Removed] 45. Subparts J, L, S, and T are removed and reserved. PART 1955—PROPERTY MANAGEMENT 46. The authority citation for part 1955 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480. Subpart A—Liquidation of Loans Secured by Real Estate and Acquisition of Real and Chattel Property 47. Section 1955.1 is amended by removing the text “Farm Credit programs of the Farm Service Agency (FSA),” in the second sentence; and revising the fourth sentence to read as follows: § 1955.1 Purpose. * * * This subpart does not apply to Farm Service Agency, Farm Loan Programs, to RHS single family housing loans, or to CF loans sold without insurance in the private sector. * * * Subpart B—Management of Property 48. Section 1955.51 is amended by removing the comma immediately following “(RBS)” and adding the word “and” in its place; by removing the text “, and Farm Service Agency (FSA),” in the first sentence of the introductory paragraph; and revising the second sentence of the introductory paragraph to read as follows: § 1955.51 Purpose. * * * This subpart does not apply to Farm Service Agency, Farm Loan Programs, or to RHS single family housing loans or community program loans sold without insurance to the private sector. * * * Subpart C—Disposal of Inventory Property 49. Section 1955.101 is amended by revising the fifth sentence to read as follows: § 1955.101 Purpose. * * * This subpart does not apply to Farm Service Agency, Farm Loan Programs, Single Family Housing

(SFH)inventory property, or to the Rural Rental Housing, Rural Cooperative Housing, and Farm Labor Housing Programs. * * * PART 1956—DEBT SETTLEMENT 50. The authority citation for part 1956 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 31 U.S.C. 3711; 42 U.S.C. 1480. Subpart B—Debt Settlement—Farm Loan Programs and Multi-Family Housing 51. Revise the second sentence of the “debt forgiveness” definition in § 1956.54 to read as follows: § 1956.54 Definitions. *Debt forgiveness.* * * * Included, but not limited to, are losses from a writedown or writeoff under 7 CFR part 766, debt settlement, after discharge under the provisions of the bankruptcy code, and associated with release of liability. * * * PART 1962—PERSONAL PROPERTY 52. The authority citation for part 1962 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480. Subpart A—Servicing and Liquidation of Chattel Security 53. Section 1962.1 is amended by adding a new last sentence to read as follows: § 1962.1 Purpose. * * * This subpart is inapplicable to Farm Service Agency, Farm Loan Programs. PART 1965—REAL PROPERTY Subpart A—[Removed] 54. Subpart A is removed and reserved. Dated: November 5, 2007. Mark Keenum, Under Secretary for Farm and Foreign Agricultural Services. Dated: November 2, 2007. Thomas C. Dorr, Under Secretary for Rural Development. [FR Doc. 07-5659 Filed 11-14-07; 8:45 am]

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