Unknown. Correcting amendments
3,878 words·~18 min read·
/register/2018/07/02/2018-14170A 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-2018-07-02.xml --- 83 127 Monday, July 2, 2018 Contents Agriculture Agriculture Department See Forest Service See National Agricultural Statistics Service See Rural Business-Cooperative Service See Rural Utilities Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Transactions Among Licensee/Permittees and Transactions Among Licensees and Holders of User Permits, 30956 2018-14167 Antitrust Division Antitrust Division NOTICES Proposed Final Judgments and Competitive Impact Statements:
United States v. CRH plc, et al., 30956-30974 2018-14192 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30938-30940 2018-14172 Coast Guard Coast Guard RULES Safety Zones: Atlantic Intracoastal Waterway, Surf City, NC, 30875-30877 2018-14166 Atlantic Intracoastal Waterway, Swansboro, NC, 30877-30879 2018-14169 Brandon Road Lock and Dam to Lake Michigan including Des Plaines River, Chicago Sanitary and Ship Canal, Chicago River, and Calumet-Saganashkee Channel, Chicago, IL, 30862 2018-14190 Columbia River, Kennewick, WA, 30865-30866 2018-14139 Fireworks Display, Delaware Bay, Lewes, DE, 30863-30865 2018-14103 Fourth of July Fireworks in Captain of the Port San Francisco Zone, 30872-30875 2018-14131 Lower Mississippi River, Reserve, LA, 30871-30872 2018-14178 Monongahela River mile 32.0 to 36.0, Gallatin, PA, 30866-30869 2018-14132 Willamette River, Lake Oswego, OR, 30869-30870 2018-14142 Special Local Regulations:
Wyandotte Invites, Detroit River, Trenton Channel, Wyandotte, MI, 30860-30862 2018-14173 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 30920-30921 2018-14093 Consumer Product Consumer Product Safety Commission RULES Safety Standard for Booster Seats, 30837-30849 2018-14133 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Survey on Smoke and Carbon Monoxide Alarms, 30921-30922 2018-14140 Defense Department Defense Department See Engineers Corps See Navy Department NOTICES Meetings: Defense Science Board, 30922-30923 2018-14194 Drug Drug Enforcement Administration NOTICES Decisions and Orders: Ljudmil Kljusev, M.D., 30974-30976 2018-14161 Employment and Training Employment and Training Administration NOTICES Assignment and Processing of Labor Certification Applications for Temporary Employment of Aliens in Non-Agricultural Employment in United States, 30977-30978 2018-14207 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental Impact Statements;
Availability, etc.: Adams and Denver Counties, Colorado General Investigation Study, 30923-30925 2018-14187 Requests for Nominations: Stakeholder Representative Members of Missouri River Recovery Implementation Committee; Correction, 30923 2018-14189 Environmental Protection Environmental Protection Agency RULES Remaining Requirements for Mercury and Air Toxics Standards
(MATS)Electronic Reporting Requirements, 30879-30883 2018-14308 PROPOSED RULES Review of Dust-Lead Hazard Standards and Definition of Lead-Based Paint, 30889-30901 2018-14094 NOTICES Proposed CERCLA Cost Recovery Settlements: Gowanus Canal Superfund Site, Brooklyn, Kings County, NY, 30931 2018-14196 Farm Credit Farm Credit Administration RULES Organization; Funding and Fiscal Affairs, Loan Policies and Operations, and Funding Operations; Investment Eligibility; Correction, 30833 2018-14107 Federal Aviation Federal Aviation Administration RULES Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 30833-30837 2018-13932 2018-13934 NOTICES Aeronautical Land-Use Assurance Waivers: Kivalina Airport, Kivalina, AK, 31029-31030 2018-14195 Federal Communications Federal Communications Commission RULES Connect America Fund, 30883-30884 2018-14149 Universal Service; CFR Correction, 30884 2018-14186 PROPOSED RULES Posting of Station Licenses and Related Information, 30901-30908 2018-13282 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30931-30937 2018-14152 2018-14153 2018-14154 2018-14155 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 30927-30931 2018-14122 2018-14123 2018-14124 Complaints: MD Solar 3, LLC v. PJM Interconnection, LLC, 30928 2018-14126 Filings: American Municipal Power, Inc., 30928 2018-14127 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Power Up Energy, LLC, 30927 2018-14128 Records Governing Off-the-Record Communications, 30926-30927 2018-14129 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Interstate 66, Somerset Northern Bypass and London, KY; Rescission, 31030 2018-14157 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 31030 2018-14355 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31030-31032 2018-14339 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 30937 2018-14101 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 30937 2018-14100 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 30937 2018-14184 Fiscal Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Payment of Federal Benefit by Check, EFT Waiver Form, 31034-31035 2018-14204 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Survey of Current Manufacturing Practices for Cosmetics Industry, 30940-30941 2018-14158 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: BMW Manufacturing Co., LLC, Foreign-Trade Zone 38, Charleston, South Carolina, 30912 2018-14181 Janssen Ortho, LLC, Foreign-Trade Zone 6,, San Juan, PR, 30912 2018-14182 Forest Forest Service NOTICES Environmental Assessments; Availability, etc.: Idaho (Boise, Caribou-Targhee, Salmon-Challis, and Sawtooth National Forests), etc.; Correction, 30909-30910 2018-14282 General Services General Services Administration NOTICES Requests for Nominations: Office of Federal High-Performance Buildings Green Building Advisory Committee, 30937-30938 2018-14200 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30942-30943 2018-14203 Health Resources Health Resources and Services Administration NOTICES Lists of Designated Primary Medical Care, Mental Health, and Dental Health Professional Shortage Areas, 30941-30942 2018-14115 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Interior Interior Department See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Cast Iron Soil Pipe from the People's Republic of China, 30914-30916 2018-14180 Certain Hot-Rolled Carbon Steel Flat Products from the People's Republic of China, 30912-30914 2018-14179 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Network Devices, Related Software and Components Thereof
(II)(Modification 2), 30954-30956 2018-14130 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Drug Enforcement Administration See United States Marshals Service NOTICES Proposed Consent Decrees under CERCLA, 30976 2018-14086 Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau See Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electrical Standards for Construction and General Industry, 30979-30980 2018-14087 Telecommunications Standard, 30978-30979 2018-14088 Vertical Tandem Lifts for Marine Terminals, 30979 2018-14146 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30980-30981 2018-14205 Land Land Management Bureau NOTICES Temporary Closures and Restrictions: Burning Man Event (Permitted Event), Pershing County, NV, 30950-30954 2018-14177 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel CARPE DIEM, 31032-31033 2018-14141 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Independent Contractor Registration and Identification, 30981-30982 2018-14089 Refuge Alternatives for Underground Coal Mines, 30983-30984 2018-14091 Underground Retorts, 30982-30983 2018-14090 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30910-30912 2018-14147 2018-14156 National Highway National Highway Traffic Safety Administration NOTICES Importation Eligibility Petitions: Nonconforming Model Year 2012 Mercedes Benz CLS 63 AMG Passenger Cars Manufactured for Mexican Market, 31033-31034 2018-14206 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: North Atlantic Swordfish Fishery, 30884-30887 2018-14116 Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Gulf of Maine Haddock Trimester Total Allowable Catch Area Closure for Common Pool Fishery, 30887-30888 2018-14185 NOTICES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Exempted Fishing Permits, 30916-30918 2018-14102 Meetings: Fisheries of Caribbean Southeast Data, Assessment, and Review; Post-Data Workshop Webinar for Caribbean Spiny Lobster, 30919-30920 2018-14135 Mid-Atlantic Fishery Management Council, 30919-30920 2018-14136 2018-14137 New England Fishery Management Council, 30918 2018-14138 Pacific Fishery Management Council, 30918-30919 2018-14134 Permits: Marine Mammals; File Nos. 22292 and 22294, 30916 2018-14106 Navy Navy Department NOTICES Meetings: United States Naval Academy Board of Visitors, 30925-30926 2018-14160 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Draft Letter to Nuclear Energy Institute Regarding Clarification of Regulatory Paths for Lead Test Assemblies, 30989-30990 2018-14121 License Amendments; Applications: Nebraska Public Power District Cooper Nuclear Station, 30984-30989 2018-14201 Meetings: Advisory Committee on Reactor Safeguards, 30990-30991 2018-14202 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Pension Benefit Guaranty Corporation Disaster Relief, 30991-30993 2018-14125 Postal Service Postal Service NOTICES Product Changes: Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 30993 2018-14111 Railroad Retirement Railroad Retirement Board NOTICES Meetings; Sunshine Act, 30993 2018-14258 Rural Business Rural Business-Cooperative Service RULES Guaranteed Loanmaking and Servicing Regulations; Corrections, 30831-30833 2018-14170 Rural Utilities Rural Utilities Service RULES Guaranteed Loanmaking and Servicing Regulations; Corrections, 30831-30833 2018-14170 Securities Securities and Exchange Commission NOTICES Applications: Defiance ETFs, LLC, et al., 31013-31014 2018-14191 Goldman Sachs Trust, et al., 31011-31012 2018-14193 Meetings; Sunshine Act, 30997-30998, 31009 2018-14280 2018-14281 Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange, LLC, 31006-31009 2018-14112 Cboe BZX Exchange, Inc., 31014-31028 2018-14114 Cboe EDGA Exchange, Inc., 31001-31003 2018-14108 Nasdaq BX, Inc., 30993-30995 2018-14117 Nasdaq Stock Market, LLC, 30998-31001, 31004-31006 2018-14118 2018-14109 NYSE American, LLC, 31009-31011 2018-14110 Options Clearing Corp., 30996-30997 2018-14113 Small Business Small Business Administration NOTICES Disaster Declarations: Maryland, 31028 2018-14164 Oklahoma, 31028-31029 2018-14163 Social Social Security Administration RULES Rules of Conduct and Standards of Responsibility for Appointed Representatives, 30849-30860 2018-13989 Substance Substance Abuse and Mental Health Services Administration NOTICES Certified Laboratories and Instrumented Initial Testing Facilities: List of Facilities that Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies, 30947-30948 2018-14143 Statements of Organization, Functions, and Delegations of Authority, 30944-30947 2018-14165 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 31029 2018-14092 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Fiscal Service NOTICES Meetings: Financial Research Advisory Committee, 31035 2018-14168 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Waiver of Grounds of Inadmissibility under Sections 245A or 210 of Immigration and Nationality Act, 30949-30950 2018-14120 Request for Return of Original Documents; Correction, 30948-30949 2018-14119 U.S. Marshals United States Marshals Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applicant Reference Check Questionnaire, 30976-30977 2018-13905 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Appeal to Board of Veterans' Appeals, 31036 2018-14105 Application by Insured Terminally Ill Person for Accelerated Benefits, 31035 2018-14104 Request for Change of Program or Place of Training, 31035-31036 2018-14188 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 83 127 Monday, July 2, 2018 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Rural Utilities Service 7 CFR Part 4280 RIN 0570-AA85 Guaranteed Loanmaking and Servicing Regulations; Corrections AGENCY: Rural Business-Cooperative Service and Rural Utilities Service; USDA. ACTION: Correcting amendments. SUMMARY: On June 3, 2016, the Rural Business-Cooperative Service promulgated changes to its Guaranteed Loanmaking and Servicing Regulations. Following final implementation of this final rule, RBS found that conforming amendments for adoption for the Rural Energy for America Program
(REAP)had not been included. This technical correction makes amendments to allow REAP to continue to use procedures and forms from the revised Guaranteed program. DATES: Effective July 2, 2018. FOR FURTHER INFORMATION CONTACT: Mark Brodziski, Rural Development, Energy Programs, U.S. Department of Agriculture, 1400 Independence Ave. SW, Stop 3225, Washington, DC 20250-3201; email: *Mark.Brodziski@wdc.usda.gov;* telephone number:
(202)720-0410. SUPPLEMENTARY INFORMATION: Need for Corrections The Agency published a final rule on June 3, 2016, (81 FR 35984) for the purpose of improving program delivery, clarifying the regulations to make them easier to understand, and reducing delinquencies. The Agency discovered that conforming amendments had not been included for 7 CFR part 4280 to continue to allow the Rural Energy for America Program to use procedures and forms already codified for the Guaranteed program and correctly reference revised 7 CFR part 4279. This notice makes technical corrections to include the actual language in 7 CFR part 4280 referencing language from 7 CFR part 4279 prior to amendment of such regulation in 2017, update references included in 7 CFR part 4280 to updated sections of 7 CFR part 4279, and update the title of Form RD 4280-2 from Grant Agreement to Financial Assistance Agreement, all as intended at the time of revision of 7 CFR part 4279. In addition, information on lender eligibility and credit quality is updated to bring them into conformance with the Guaranteed program and current implementation. List of Subjects in 7 CFR Part 4280 Business and industry, Energy, Grant programs—Business, Loan programs—Business and industry, Rural areas. Accordingly, 7 CFR chapter XLII is amended by making the following correcting amendments: PART 4280—LOANS AND GRANTS 1. The authority citation for part 4280 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 940c; and 7 U.S.C. 1932(c). Subpart B—Rural Energy for America Program §§ 4280.103, 4280.110, 4280.112, 4280.113, 4280.122, 4280.123, and 4280.196 [Amended] 2. In §§ 4280.103, 4280.110, 4280.112, 4280.113, 4280.122, 4280.123, and 4280.196, remove the words “Grant Agreement” and add in their place the words “Financial Assistance Agreement” wherever they appear in the following places: a. § 4280.103; b. § 4280.110(i) introductory text, (i)(1), and (i)(2); c. § 4280.112(b)(2); d. § 4280.113(a)(4)(ii)(A) and (B); e. § 4280.122(d), (e), (f),
(g)and (h); f. § 4280.123 introductory text and (d); g. § 4280.196 introductory text. 3. Amend § 4280.103 by: a. Placing the newly designated definition *Financial Assistance Agreement (Form RD 4280-2, Rural Business Cooperative Service Financial Assistance Agreement, or successor form)* in alphabetical order. b. Revising the definition of *State* to read as follows: § 4280.103 Definitions. *State.* Any of the 50 States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, the Federated States of Micronesia, and the Republic of the Marshall Islands. 4. Revise § 4280.125 to read as follows: § 4280.125 Compliance with §§ 4279.29 through 4279.99 of this chapter.
(a)*General.* Except for § 4279.29 of this chapter, all loans guaranteed under this subpart must comply with the provisions found in §§ 4279.30 through 4279.99 of this chapter.
(b)Instead of § 4279.29 of this chapter, the Eligible lenders provisions of this subpart are:
(1)Traditional lenders. An eligible lender is any Federal or State chartered bank, Farm Credit Bank, other Farm Credit System institution with direct lending authority, Bank for Cooperatives, Savings and Loan Association, or mortgage company that is part of a bank-holding company. These entities must be subject to credit examination and supervision by either an agency of the United States or a State. Eligible lenders may also include credit unions provided, they are subject to credit examination and supervision by either the National Credit Union Administration or a State agency, and insurance companies provided they are regulated by a State or National insurance regulatory agency. Eligible lenders include the National Rural Utilities Cooperative Finance Corporation.
(2)Other lenders. Rural Utilities Service borrowers and other lenders not meeting the criteria of paragraph
(a)of this section may be considered by the Agency for eligibility to become a guaranteed lender provided, the Agency determines that they have the legal authority to operate a lending program and sufficient lending expertise and financial strength to operate a successful lending program.
(i)Such a lender must:
(A)Have a record of successfully making at least three commercial loans annually for at least the most recent 3 years, with delinquent loans not exceeding 10 percent of loans outstanding and historic losses not exceeding 10 percent of dollars loaned, or when the proposed lender can demonstrate that it has personnel with equivalent previous experience and where the commercial loan portfolio was of a similar quantity and quality; and
(B)Have tangible balance sheet equity of at least seven percent of tangible assets and sufficient funds available to disburse the guaranteed loans it proposes to approve within the first 6 months of being approved as a guaranteed lender.
(ii)A lender not eligible under paragraph
(a)of this section that wishes consideration to become a guaranteed lender must submit a request in writing to the State Office for the State where the lender's lending and servicing activity takes place. The lender's written request must include:
(A)Evidence showing that the lender has the necessary capital and resources to successfully meet its responsibilities.
(B)Copy of any license, charter, or other evidence of authority to engage in the proposed loanmaking and servicing activities. If licensing by the State is not required, an attorney's opinion to this effect must be submitted.
(C)Information on lending experience, including length of time in the lending business; range and volume of lending and servicing activity; status of loan portfolio including delinquency rate, loss rate as a percentage of loan amounts, and other measures of success; experience of management and loan officers; audited financial statements not more than 1 year old; sources of funds for the proposed loans; office location and proposed lending area; and proposed rates and fees, including loan origination, loan preparation, and servicing fees. Such fees must not be greater than those charged by similarly located commercial lenders in the ordinary course of business.
(D)An estimate of the number and size of guaranteed loan applications the lender will develop.
(3)Expertise. Loan guarantees will only be approved for lenders with adequate experience and expertise to make, secure, service, and collect REAP loans. 5. Revise § 4280.126 to read as follows: § 4280.126 Guarantee/annual renewal fee. Except for the conditions for receiving reduced guarantee fee and unless otherwise specified in a **Federal Register** notice, the provisions specified in § 4279.120 of this chapter apply to loans guaranteed under this subpart. 6. Amend § 4280.129 by revising paragraph (e)(3) to read as follows: § 4280.129 Guaranteed loan funding.
(e)* * *
(3)Routine lender fees, as described in § 4279.120
(c)of this chapter. 7. Amend § 4280.130 by revising paragraph
(b)to read as follows: § 4280.130 Loan processing.
(b)The provisions found in §§ 4279.125(d), 4279.150, 4279.166, 4279.161, and 4279.167(b) of this chapter do not apply to loans guaranteed under this subpart. 8. Revise § 4280.131 to read as follows: § 4280.131 Credit quality. The lender is primarily responsible for determining credit quality and must address all of the elements of credit quality in a written credit analysis including adequacy of equity, cash flow, collateral, history, management, and the current status of the industry for which credit is to be extended.
(a)*Cash flow.* All efforts will be made to structure or restructure debt so that the business has adequate debt coverage and the ability to accommodate expansion.
(b)*Collateral.*
(1)Collateral must have documented value sufficient to protect the interest of the lender and the Agency and, except as set forth in paragraph (b)(2) of this section, the discounted collateral value will be at least equal to the loan amount. Lenders will discount collateral consistent with sound loan-to-value policy.
(2)Some businesses are predominantly cash-flow oriented, and where cash flow and profitability are strong, loan-to-value coverage may be discounted accordingly. A loan primarily based on cash flow must be supported by a successful and documented financial history.
(c)*Industry.* Current status of the industry will be considered and businesses in areas of decline will be required to provide strong business plans which outline how they differ from the current trends. The regulatory environment surrounding the particular business or industry will be considered.
(d)*Equity.* Borrowers must demonstrate evidence of a financial contribution in the project of not less than 25 percent of total Eligible Project Costs. Federal grant funds may be used as the financial contribution.
(e)*Lien priorities.* The entire loan will be secured by the same security with equal lien priority for the guaranteed and unguaranteed portions of the loan. The unguaranteed portion of the loan will neither be paid first nor given any preference or priority over the guaranteed portion. A parity or junior position may be considered provided that discounted collateral values are adequate to secure the loan in accordance with paragraph
(b)of this section after considering prior liens.
(f)*Management.* A thorough review of key management personnel will be completed to ensure that the business has adequately trained and experienced managers. 9. Revise § 4280.134 to read as follows: § 4280.134 Personal and corporate guarantees. Except for Passive Investors, all personal and corporate guarantees must be in accordance with § 4279.132 of this chapter. 10. Amend § 4280.137 by revising paragraphs (b)(2)(viii)(C) and (c)(1), and the first sentence of paragraph (c)(2), to read as follows: § 4280.137 Application and documentation.
(b)* * *
(2)* * *
(viii)* * *
(C)*Pro forma financial statements.* Provide pro forma balance sheet at start-up of the borrower's business operation that reflects the use of the loan proceeds or grant award; 2 additional years of financial statements, indicating the necessary start-up capital, operating capital, and short-term credit; and projected cash flow and income statements for 3 years supported by a list of assumptions showing the basis for the projections.
(c)* * *
(1)*Application contents.* If the application is for a loan with total project costs in the amount of $80,000 or less, the application must contain the information specified in § 4280.119(b), except as specified in paragraph (c)(2) of this section ( *e.g.,* the grant application SF-424 forms under § 4280.119(b) are not required to be submitted), and must present the information in the same order as shown in § 4280.119(b). If the application is for less than $200,000, but more than $80,000, the application must contain the information specified in § 4280.118(b), except as specified in paragraph (c)(2) of this section ( *e.g.,* the grant application SF-424 forms under § 4280.117(a) are not required to be submitted), and must present the information in the same order as shown in § 4280.118(b). If the application is for $200,000 and greater, the application must contain the information specified in § 4280.117, except as specified in paragraph (c)(2) of this section, ( *e.g.,* the grant application SF-424 forms under § 4280.117(a) are not required to be submitted), and must present the information in the same order as shown in § 4280.117.
(2)*Lender forms, certifications, and agreements.* Each application submitted under paragraph
(c)of this section must use Form RD 4279-1, “Application for Loan Guarantee,” and the forms and certifications specified in paragraphs (b)(2)(ii),
(iii)(if not previously submitted), (v), (viii), (ix), (x), and
(xi)of this section. * * * 11. Amend § 4280.142 by revising the first sentence of the introductory text to read as follows: § 4280.142 Conditions precedent to issuance of loan note guarantee. The provisions of § 4279.181 of this chapter apply except for § 4279.181(a)(9)(v). * * * Dated: June 8, 2018. Bette B. Brand, Administrator, Rural Business-Cooperative Service. Dated: June 14, 2018. Kenneth L. Johnson, Administrator, Rural Utilities Service. [FR Doc. 2018-14170 Filed 6-29-18; 8:45 am]
Connectionstraces to 3
Traces to 3 documents
2 references not yet in our index
- 7 CFR 4280
- 7 CFR 4279
Citation graph
cites case law
Cites 5Cited by 0 across 0 sources