83 FR 11867 - Revision of Delegation of Authority for the State Executive Director (SED) for the Farm Loan Programs
DEPARTMENT OF AGRICULTURE
Farm Service Agency Federal Register Volume 83, Issue 53 (March 19, 2018)
Farm Service Agency
Federal Register Volume 83, Issue 53 (March 19, 2018)
| Page Range | 11867-11869 | |
| FR Document | 2018-05466 |
[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)] [Rules and Regulations] [Pages 11867-11869] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-05466] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Farm Service Agency 7 CFR Part 761 Revision of Delegation of Authority for the State Executive Director (SED) for the Farm Loan Programs AGENCY: Farm Service Agency, Department of Agriculture (USDA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document amends the delegations of authority from the Farm Service Agency (FSA) Deputy Administrator of Farm Loan Programs (FLP). The change will specify that the Deputy Administrator redelegates certain authority to the State Executive Directors (SED). The change will also specify that SEDs may redelegate the authority to a Farm Loan Chief, Farm Loan Specialist, District Director, Farm Loan Manager, Senior Farm Loan Officer, Farm Loan Officer, Loan Analyst, Loan Resolution Specialist, or Program Technician to perform loan activities. This will ensure that certain loan documents can be signed off locally instead of requiring the FLP Deputy Administrator to have to sign off on certain loan documents. DATES: Effective: March 19, 2018. FOR FURTHER INFORMATION CONTACT: Bruce Mair; telephone: (202) 720-1645. Persons with disabilities who require alternative means for communication should contact the USDA Target Center at (202) 720-2600. SUPPLEMENTARY INFORMATION: Background FSA makes and services a variety of direct and guaranteed loans to the nation's farmers and ranchers who are unable to obtain private commercial credit at reasonable rates and terms. FSA also provides direct loan customers with credit counseling and supervision to enhance their opportunity for success. FSA direct and guaranteed loan applicants are often beginning farmers and socially disadvantaged farmers who do not qualify for conventional loans because of insufficient net worth or established farmers who have suffered financial setbacks due to natural disasters or economic downturns. FSA tailors direct and guaranteed loans to a customer's needs and may be used to buy farmland and to finance agricultural production. The Consolidated Farm and Rural Development Act of 1972, as amended, (CONACT) (7 U.S.C. 1921-2009dd-7)) authorizes FSA's Direct and Guaranteed Farm Loan Programs. Redelegation to and by SEDs As part of loan servicing, various real estate documents must be signed by FSA and the files must be on public record in certain states. Some of the real estate documents that FSA signs include, but are not limited to, lien satisfactions, partial releases, and subordinations. FSA's intent has always been for the real estate documents to be signed by FSA officials at the local level. In the past, the regulations in 7 CFR part 1900 included specific wording concerning which employees were delegated with signature authority. In 2007, when FSA streamlined the FLP regulations, 7 CFR 761.1 broadened the regulatory text concerning FLP delegations, but the original intent as to who would have the authority to sign the real estate documents did not change. FSA recently determined that more specificity in 7 CFR 761.1 regarding the delegation of authority would be helpful and is therefore revising the regulation. FSA is amending the regulation in 7 CFR part 761 regarding the delegation of authority for the Deputy of Administrator of FLP to specify that the Deputy Administrator of FLP redelegates certain loan making and servicing authority to SEDs and when there is no loss to FSA, the SEDs may redelegate the authority to the Farm Loan Chief, Farm Loan Specialist, District Director, Farm Loan Manager, Senior Farm Loan Officer, Farm Loan Officer, Loan Analyst, Loan Resolution Specialist, or Program Technician. The revised delegation will clarify the authority for the Acting SED and other authorized officials to sign certain loan documents and to perform other loan activities for SEDs. Notice and Comment In general, the Administrative Procedure Act (5 U.S.C. 553) requires that a notice of proposed rulemaking be published in the Federal Register and interested persons be given an opportunity to participate in the rulemaking through submission of written data, views, or arguments with or without opportunity for oral presentation, except that when the rule involves a matter relating to public property, loans, grants, benefits, or contracts section 553 does not apply. This rule involves matters relating to loans and is therefore being published as a final rule without the prior opportunity for comments. Effective Date The Administrative Procedure Act (5 U.S.C. 553) provides generally that [[Page 11868]] before rules are issued by Government agencies, the rule is required to be published in the Federal Register, and the required publication of a substantive rule is to be not less than 30 days before its effective date. However, as noted above, one of the exceptions is that section 553 does not apply to rulemaking that involves a matter relating to loans. Therefore, because this rule relates to loans, the 30-day effective period requirement in section 553 does not apply. This final rule is effective when published in the Federal Register. Executive Orders 12866, 13563, 13771, and 13777 Executive Order 12866, ``Regulatory Planning and Review,'' and Executive Order 13563, ``Improving Regulation and Regulatory Review,'' direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasized the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' established a federal policy to alleviate unnecessary regulatory burdens on the American people. In section 3(d), Executive Order 12866 defines ``regulation'' or ``rule.'' In the definition, it specifically does not include regulations or rules that are limited to agency organization, management, or personnel matters. This rule relates to internal agency management; therefore, it is exempt from the provisions of Executive Order 12866. Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' requires that in order to manage the private costs required to comply with Federal regulations that for every new significant or economically significant regulation issued, the new costs must be offset by the elimination of at least two prior regulations. This rule does not rise to the level required to comply with Executive Order 13771. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601-612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA, Pub. L. 104-121), generally requires an agency to prepare a regulatory flexibility analysis of any rule whenever an agency is required by the Administrative Procedure Act or any other law to publish a proposed rule, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This rule is not subject to the Regulatory Flexibility Act because FSA is not required by the Administrative Procedure Act or any other law to publish a proposed rule for this rulemaking. Environmental Review The environmental impacts of this final rule have been considered in a manner consistent with the provisions of the National Environmental Policy Act (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 799). FSA has determined that the provisions identified in this final rule are administrative in nature, solely relating to internal agency management, and do not constitute a major Federal action that would significantly affect the quality of the human environment, individually or cumulatively. Provisions for signature authorities are purely administrative and would not alter any environmental impacts associated with any loans. Therefore, as this rule presents administrative clarifications only, FSA will not prepare an environmental assessment or environmental impact statement for this regulatory action. Executive Order 12372 Executive Order 12372, ``Intergovernmental Review of Federal Programs,'' requires consultation with State and local officials that would be directly affected by proposed Federal financial assistance. The objectives of Executive Order 12372 are to foster an intergovernmental partnership and a strengthened Federalism, by relying on State and local processes for State and local government coordination and review of proposed Federal Financial assistance and direct Federal development. For reasons specified in the final rule related notice regarding 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), the programs and activities within this rule are excluded from the scope of Executive Order 12372, which requires intergovernmental consultation with State and local officials. Executive Order 12988 This rule has been reviewed under Executive Order 12988, ``Civil Justice Reform.'' This rule will not preempt State or local laws, regulations, or policies unless they represent an irreconcilable conflict with this rule. The rule will not have a retroactive effect. Before any judicial action may be brought regarding the provisions of this rule, the administrative appeal provisions of 7 CFR parts 11 and 780 are to be exhausted. Executive Order 13132 This rule has been reviewed under Executive Order 13132, ``Federalism.'' The policies contained in this rule do not have any substantial direct effect on States, on the relationship between the Federal government and the States, or the distribution of power and responsibilities among the various levels of government, except as required by law. Nor will this rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with the States is not required. Executive Order 13175 This rule has been reviewed in accordance with the requirements of Executive Order 13175, ``Consultation and Coordination with Indian Tribal Governments.'' Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on policies that have tribal implications, including regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and Indian tribes or on the distribution of power and responsibilities between the Federal government and Indian tribes. FSA has assessed the impact of this rule on Indian tribes and determined that this rule does not, to our knowledge, have tribal implications that require tribal consultation under Executive Order 13175. If a Tribe requests consultation, FSA will work with the USDA Office of Tribal Relations to ensure meaningful consultation is provided. Unfunded Mandates Title II of the Unfunded Mandates Reform Act of 1995 (UMRA, Pub. L. 104-4) requires Federal agencies to assess the effects of their regulatory actions on State, local, or Tribal governments, or the private sector. 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 of $100 million or more in any 1 year for State, local, or Tribal governments, in the aggregate, or [[Page 11869]] 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 in Title II of UMRA, for State, local, and Tribal governments or private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), the rule does not change the approved information collection approved under OMB control number 0560-0238, General Program Administration. 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 other purposes. List of Subjects in 7 CFR Part 761 Accounting, Loan programs--agriculture, Rural areas. For reasons discussed above, FSA amends 7 CFR chapter VII as follows: PART 761--FARM LOAN PROGRAMS; GENERAL PROGRAM ADMINISTRATION 0 1. The authority citation for part 761 continues to read as follows: Authority: 5 U.S.C. 301 and 7 U.S.C. 1989. 0 2. Revise Sec. 761.1(b) to read as follows: Sec. 761.1 Introduction. * * * * * (b) The Deputy Administrator: (1) Delegates to each State Executive Director within the State Executive Director's jurisdiction the authority, and in the absence of the State Executive Director, the person acting in that position, to act for, on behalf of, and in the name of the United States of America or the Farm Service Agency to do and perform acts necessary in connection with making and guaranteeing loans, such as, but not limited to, making advances, servicing loans and other indebtedness, and obtaining, servicing, and enforcing or releasing security and other instruments related to the loan. For actions that do not result in a loss to the Farm Service Agency, a State Executive Director may redelegate authorities received under this paragraph to a Farm Loan Chief, Farm Loan Specialist, District Director, Farm Loan Manager, or Senior Farm Loan Officer, Farm Loan Officer, Loan Analyst, Loan Resolution Specialist, or Program Technician. (2) May establish procedures for further redelegation or limitation of authority. * * * * * Steven J. Peterson, Acting Administrator, Farm Service Agency. [FR Doc. 2018-05466 Filed 3-16-18; 8:45 am] BILLING CODE 3410-01-P
![Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations 11867
adding the words ‘‘plants for planting’’ DEPARTMENT OF AGRICULTURE Redelegation to and by SEDs
in their place; and As part of loan servicing, various real
Farm Service Agency
■ d. By removing the words ‘‘stock is’’ estate documents must be signed by
and adding the words ‘‘plants are’’ in FSA and the files must be on public
7 CFR Part 761
their place. record in certain states. Some of the real
Revision of Delegation of Authority for estate documents that FSA signs
§ 340.4 [Amended] include, but are not limited to, lien
the State Executive Director (SED) for
■ 42. In § 340.4, paragraph (f)(11)(i) is the Farm Loan Programs satisfactions, partial releases, and
amended by removing the citation subordinations. FSA’s intent has always
AGENCY: Farm Service Agency, been for the real estate documents to be
‘‘§ 319.37–14’’ and adding the words
Department of Agriculture (USDA). signed by FSA officials at the local
‘‘accordance with § 319.37–8(a)’’ in its
ACTION: Final rule. level. In the past, the regulations in 7
place.
CFR part 1900 included specific
SUMMARY: This document amends the wording concerning which employees
§ 340.7 [Amended]
delegations of authority from the Farm were delegated with signature authority.
■ 43. In § 340.7, paragraph (b) Service Agency (FSA) Deputy In 2007, when FSA streamlined the FLP
introductory text is amended by Administrator of Farm Loan Programs regulations, 7 CFR 761.1 broadened the
removing the citation ‘‘§ 319.37–14’’ and (FLP). The change will specify that the regulatory text concerning FLP
adding the words ‘‘accordance with Deputy Administrator redelegates delegations, but the original intent as to
§ 319.37–8(a)’’ in its place. certain authority to the State Executive who would have the authority to sign
Directors (SED). The change will also the real estate documents did not
PART 360—NOXIOUS WEED specify that SEDs may redelegate the change. FSA recently determined that
REGULATIONS authority to a Farm Loan Chief, Farm more specificity in 7 CFR 761.1
Loan Specialist, District Director, Farm regarding the delegation of authority
■ 44. The authority citation for part 360 Loan Manager, Senior Farm Loan would be helpful and is therefore
continues to read as follows: Officer, Farm Loan Officer, Loan revising the regulation.
Authority: 7 U.S.C. 7701–7772 and 7781–
Analyst, Loan Resolution Specialist, or FSA is amending the regulation in 7
7786; 7 CFR 2.22, 2.80, and 371.3. Program Technician to perform loan CFR part 761 regarding the delegation of
activities. This will ensure that certain authority for the Deputy of
§ 360.400 [Amended] loan documents can be signed off Administrator of FLP to specify that the
locally instead of requiring the FLP Deputy Administrator of FLP
■ 45. In § 360.400, paragraph (a)(2) is Deputy Administrator to have to sign off
amended by removing the citation redelegates certain loan making and
on certain loan documents. servicing authority to SEDs and when
‘‘§ 319.37–6’’ and adding the words
DATES: Effective: March 19, 2018. there is no loss to FSA, the SEDs may
‘‘§ 319.37–9(c) of this chapter’’ in its
FOR FURTHER INFORMATION CONTACT: redelegate the authority to the Farm
place, and by removing the citation
Bruce Mair; telephone: (202) 720–1645. Loan Chief, Farm Loan Specialist,
‘‘§ 319.37–13(c)’’ and adding the citation
Persons with disabilities who require District Director, Farm Loan Manager,
‘‘§ 319.37–9(c)’’ in its place. alternative means for communication Senior Farm Loan Officer, Farm Loan
PART 361—IMPORTATION OF SEED should contact the USDA Target Center Officer, Loan Analyst, Loan Resolution
at (202) 720–2600. Specialist, or Program Technician. The
AND SCREENINGS UNDER THE
FEDERAL SEED ACT SUPPLEMENTARY INFORMATION: revised delegation will clarify the
authority for the Acting SED and other
Background
■ 46. The authority citation for part 361 authorized officials to sign certain loan
FSA makes and services a variety of documents and to perform other loan
continues to read as follows:
direct and guaranteed loans to the activities for SEDs.
Authority: 7 U.S.C. 1581–1610; 7 CFR nation’s farmers and ranchers who are
2.22, 2.80, and 371.3. unable to obtain private commercial Notice and Comment
credit at reasonable rates and terms. In general, the Administrative
§ 361.2 [Amended]
FSA also provides direct loan customers Procedure Act (5 U.S.C. 553) requires
■ 47. In § 361.2, paragraph (d) is with credit counseling and supervision that a notice of proposed rulemaking be
amended by removing the words to enhance their opportunity for published in the Federal Register and
‘‘restrictions of § 319.37–3(a)(7)’’ and success. FSA direct and guaranteed loan interested persons be given an
adding the words ‘‘permit requirements applicants are often beginning farmers opportunity to participate in the
of § 319.37–5 of this chapter’’ in their and socially disadvantaged farmers who rulemaking through submission of
place. do not qualify for conventional loans written data, views, or arguments with
because of insufficient net worth or or without opportunity for oral
Done in Washington, DC, this 9th day of established farmers who have suffered presentation, except that when the rule
March 2018. financial setbacks due to natural involves a matter relating to public
Kevin Shea, disasters or economic downturns. FSA property, loans, grants, benefits, or
Administrator, Animal and Plant Health tailors direct and guaranteed loans to a contracts section 553 does not apply.
Inspection Service. customer’s needs and may be used to This rule involves matters relating to
nshattuck on DSK9F9SC42PROD with RULES
[FR Doc. 2018–05424 Filed 3–16–18; 8:45 am] buy farmland and to finance agricultural loans and is therefore being published
BILLING CODE 3410–34–P production. as a final rule without the prior
The Consolidated Farm and Rural opportunity for comments.
Development Act of 1972, as amended,
(CONACT) (7 U.S.C. 1921–2009dd–7)) Effective Date
authorizes FSA’s Direct and Guaranteed The Administrative Procedure Act (5
Farm Loan Programs. U.S.C. 553) provides generally that
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![Federal Register / Vol. 83, No. 53 / Monday, March 19, 2018 / Rules and Regulations 11869
to the private sector. UMRA generally Farm Loan Manager, or Senior Farm (1) Be a Hispanic-Serving Institution
requires agencies to consider Loan Officer, Farm Loan Officer, Loan (HSI), (2) offer agriculture-related
alternatives and adopt the more cost Analyst, Loan Resolution Specialist, or degrees, (3) not appear on the Excluded
effective or least burdensome alternative Program Technician. Parties List System (EPLS), (4) be
that achieves the objectives of the rule. (2) May establish procedures for accredited, and (5) award at least 15%
This rule contains no Federal mandates, further redelegation or limitation of of agriculture-related degrees to
as defined in Title II of UMRA, for State, authority. Hispanic students over the two most
local, and Tribal governments or private * * * * * recent academic years.
sector. Therefore, this rule is not subject NIFA obtained the latest report from
to the requirements of sections 202 and Steven J. Peterson, the U.S. Department of Education’s
205 of UMRA. Acting Administrator, Farm Service Agency. National Center for Education Statistics
[FR Doc. 2018–05466 Filed 3–16–18; 8:45 am] that lists all HSIs and the degrees
Paperwork Reduction Act BILLING CODE 3410–01–P conferred by these institutions
In accordance with the Paperwork (completion data) during the 2015–16
Reduction Act of 1995 (44 U.S.C. 3501– academic year. NIFA used this report to
3520), the rule does not change the DEPARTMENT OF AGRICULTURE identify HSIs that conferred a degree in
approved information collection an instructional program that appears in
approved under OMB control number National Institute of Food and appendix A of 7 CFR part 3434 and to
0560–0238, General Program Agriculture confirm that over the 2014–15 and
Administration. 2015–16 academic years at least 15% of
7 CFR Part 3434 the degrees in agriculture-related fields
E-Government Act Compliance were awarded to Hispanic students.
RIN 0524–AA39
FSA is committed to complying with NIFA further confirmed that these
the E-Government Act, to promote the Hispanic-Serving Agricultural Colleges institutions were nationally accredited
use of the internet and other and Universities (HSACU) Certification and were not on the exclusions listing
information technologies to provide Process in the System for Award Management
increased opportunities for citizen (https://www.sam.gov/portal/SAM/
access to Government information and AGENCY: National Institute of Food and ##11).
services and other purposes. Agriculture (NIFA), USDA. The updated list of HSACUs is based
ACTION: Final rule. on (1) completions data from 2014–15
List of Subjects in 7 CFR Part 761
SUMMARY: This amendment to NIFA and 2015–16, and (2) enrollment data
Accounting, Loan programs— from Fall 2016. NIFA identified 147
agriculture, Rural areas. regulations updates the list of
institutions that met the eligibility
institutions that are granted Hispanic-
For reasons discussed above, FSA criteria to receive HSACU certification
Serving Agricultural Colleges and
amends 7 CFR chapter VII as follows: for FY 2018 (October 1, 2017 to
Universities (HSACU) certification by
September 30, 2018).
PART 761—FARM LOAN PROGRAMS; the Secretary and are eligible for
HSACU programs for the period starting Declaration of Intent To Opt Out of
GENERAL PROGRAM
October 1, 2017, and ending September HSACU Designation and Apply for Non
ADMINISTRATION
30, 2018. Land-Grant College of Agriculture
■ 1. The authority citation for part 761 DATES: This rule is effective March 19, (NLGCA) Designation
continues to read as follows: 2018 and applicable October 1, 2017. As set forth in Section 7101 of the
Authority: 5 U.S.C. 301 and 7 U.S.C. 1989. FOR FURTHER INFORMATION CONTACT: Agricultural Act of 2014 (Pub. L. 113–
■ 2. Revise § 761.1(b) to read as follows: Joanna Moore; Senior Policy Specialist; 79), which amends 7 U.S.C. 3103, an
National Institute of Food and institution that is eligible to be
§ 761.1 Introduction. Agriculture; U.S. Department of designated as an HSACU may notify the
* * * * * Agriculture; STOP 2272; 1400 Secretary of its intent not to be
(b) The Deputy Administrator: Independence Avenue SW, Washington, considered an HSACU. Institutions that
(1) Delegates to each State Executive DC 20250–2272; Voice: 202–690–6011; opt out of HSACU designation will have
Director within the State Executive Fax: 202–401–7752; Email: jmoore@ the option to apply for designation as a
Director’s jurisdiction the authority, and nifa.usda.gov. Non-Land Grant College of Agriculture
in the absence of the State Executive SUPPLEMENTARY INFORMATION: (NLGCA) institution. To opt out of
Director, the person acting in that designation as an HSACU, an
position, to act for, on behalf of, and in HSACU Institutions for Fiscal Year authorized official at the institution
the name of the United States of 2018 must submit a declaration of intent not
America or the Farm Service Agency to This rule makes changes to the to be considered an HSACU to NIFA by
do and perform acts necessary in existing list of institutions in appendix email at NLGCA.status@nifa.usda.gov.
connection with making and B of 7 CFR part 3434. The list of In accordance with Section 7101, a
guaranteeing loans, such as, but not institutions is amended to reflect the declaration by an institution not to be
limited to, making advances, servicing institutions that are granted HSACU considered an HSACU shall remain in
loans and other indebtedness, and certification by the Secretary and are effect until September 30, 2018. To be
obtaining, servicing, and enforcing or eligible for HSACU programs for the eligible for NLGCA designation,
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releasing security and other instruments period starting October 1, 2017, and institutions must be public colleges or
related to the loan. For actions that do ending September 30, 2018. universities offering baccalaureate or
not result in a loss to the Farm Service higher degrees in the study of food and
Agency, a State Executive Director may Certification Process agricultural sciences, as defined in 7
redelegate authorities received under As stated in 7 CFR 3434.4, an U.S.C. 3103. An online form to request
this paragraph to a Farm Loan Chief, institution must meet the following NLGCA designation is available at
Farm Loan Specialist, District Director, criteria to receive HSACU certification: http://nifa.usda.gov/webform/request-
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Document Created: 2018-03-17 04:24:39
Document Modified: 2018-03-17 04:24:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective: March 19, 2018. | |
| Contact | Bruce Mair; telephone: (202) 720-1645. Persons with disabilities who require alternative means for communication should contact the USDA Target Center at (202) 720-2600. | |
| FR Citation | 83 FR 11867 | |
| CFR Associated | Accounting; Loan Programs-Agriculture and Rural Areas |
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