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###### Department of Agriculture

###### Rural Business-Cooperative Service

###### Rural Housing Service

###### Rural Utilities Service

###### Farm Service Agency

          - 7 CFR Part 1940

# AGENCY:

Rural Business-Cooperative Service, USDA.

# ACTION:

Final rule.

# SUMMARY:

                        The Rural Business-Cooperative Service (RBS) is amending the regulation to recognize a transition                               ( print page 5264)                            formula that will be used for allocating funds to State Offices. This action is needed due to the significant impact the use of the new 2000 U.S. Census data versus the 1990 U.S. Census data, used in previous years, will have on certain States' allocations.                    

# EFFECTIVE DATE:

February 4, 2004.

# FOR FURTHER INFORMATION CONTACT:

                        Sylvia Neal, Management Analyst, Business Program, U.S. Department of Agriculture, STOP 3221, 1400 Independence Avenue, SW., Washington, DC 20250-3221, telephone (202) 720-2811, or by sending an e-mail message to                         *sylvia.neal@usda.gov.*

# SUPPLEMENTARY INFORMATION:

## Classification

This action is not subject to the provisions of Executive Order 12866 since it involves only internal Agency management. This action is not published for prior notice and comment under the Administrative Procedure Act since it involves only internal Agency management and publication for comment is unnecessary and contrary to the public interest.

## Programs Affected

The Catalog of Federal Domestic Assistance numbers for the programs impacted by this action are as follows: 

10.768—Business and Industry Loans, and 

10.769—Rural Development Grants (RBEG) (TDG).

## Paperwork Reduction Act

This final rule does not revise or impose any new information collection requirements from those previously approved by the Office of Management and Budget.

## Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104-4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local and tribal governments, and the private sector. Under section 202 of the UMRA, the agency generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with “Final mandates” that may result in expenditures to State, local, or tribal governments, in the aggregate, or to the private sector, of $100 million or more in any one year. When such a statement is needed for a rule, section 205 of the UMRA generally requires the agency to identify and consider a reasonable number of regulatory alternatives and adopt the least burdensome alternative that achieves the objective of the rule.

This rule contains no Federal mandates (under the regulatory provisions of Title II of the UMRA) for State, local and tribal governments, or the private sector. Thus, today's rule is not subject to the requirements of sections 202 and 205 of the UMRA.

## Environmental Impact Statement

This action has been reviewed in accordance with 7 CFR part 1940, subpart G, “Environmental Program.” The Agency has determined that this action does not constitute a major Federal action significantly affecting the quality of the human environment and in accordance with the National Environmental Policy Act of 1969, Public Law 91-190, an Environmental Impact Statement is not required.

## Discussion

The Rural Business-Cooperative Service (RBS) is amending the regulation to recognize a transition formula that will be used for allocating funds to State Offices. The transition formula limits allocation shifts to any particular State in the event of changes from year to year of the basic formula, the basic criteria, or the weights given the criteria.

# List of Subjects in 7 CFR Part 1940

      - Administrative practice and procedure
      - Agriculture
      - Allocations
      - Grant programs—Housing and community development
      - Loan programs—Agriculture
      - Rural areas

Accordingly, Chapter XVIII, title 7, Code of Federal Regulations is amended as follows:

# PART 1940—GENERAL

1. The authority citation for part 1940 continues to read as follows: 

Authority:5 U.S.C.; 7 U.S.C.; 1989, and 42 U.S.C. 1480.

# Subpart L—Methodology and Formulas for Allocation of Loan and Grant Program Funds

2. Amend section 1940.589 by revising paragraph (d) to read as follows: 

§ 1940.589 

* * * * *

(d) Transition formula. See § 1940.552(d) of this subpart. The percentage range for the transition equals 30 percent (±15%).

* * * * *

Dated: January 23, 2004.

John Rosso,

Administrator, Rural Business-Cooperative Service.

[FR Doc. 04-2265 Filed 2-3-04; 8:45 am]

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