Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Rules and Regulations 48005 

Waldo County. The entire county. 

York County. The entire county. 

* * * * * 

Ohio 

The entire State. 

* * * * * 

Done in Washington, DC, this 15th day of 

September 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–22633 Filed 9–18–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1470 

RIN 0578–AA43 

Conservation Stewardship Program 

AGENCY: Commodity Credit Corporation, 

Natural Resources Conservation Service, 

United States Department of 

Agriculture. 

ACTION: Interim final rule; extension of 

comment period. 

SUMMARY: The Natural Resources 

Conservation Service (NRCS), on behalf 

of the Commodity Credit Corporation, 

published in the Federal Register of 

July 29, 2009, an interim final rule with 

request for comment establishing the 

program framework for implementation 

of the Conservation Stewardship 

Program (CSP). The July 29, 2009, 

interim final rule established a 60-day 

comment period that closes on 

September 28, 2009. This document 

extends the comment period an 

additional 30-day period to provide the 

public an opportunity to comment upon 

the implementation of the program 

through the first sign-up and ranking 

period that closes September 30, 2009. 

DATES: The comment period for the CSP 

interim final rule published on July 29, 

2009 (74 FR 37499) is hereby extended 

and comments must be received on or 

before October 28, 2009. Additionally, 

NRCS has extended the public comment 

period for the Environmental Analysis 

(EA) and Finding of No Significant 

Impact (FONSI) until October 28, 2009. 

A copy of the EA and FONSI may be 

obtained, and comments submitted, as 

provided for in the July 29, 2009, CSP 

interim final rule. 

ADDRESSES: You may send comments 

(identified by Docket Number NRCS– 

IFR–09004) using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

comments electronically. 

• Mail: Gregory K. Johnson, Director, 

Financial Assistance Programs Division, 

Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., Room 5237 

South Building, Washington, DC 20250; 

• E-mail: CSP2008@wdc.usda.gov. 

• Fax: (202) 720–4265. 

• Hand Delivery: USDA South 

Building, 1400 Independence Avenue, 

SW., Room 5237, Washington, DC 

20250, between 9 a.m. and 4 p.m., 

Monday through Friday, except Federal 

Holidays. Please ask the guard at the 

entrance to the South Building to call 

(202) 720–4527 in order to be escorted 

into the building; 

• The interim final rule and this 

extension may be accessed via the 

Internet. Users can access the NRCS 

homepage at: http://www.nrcs.usda.gov; 

select the Farm Bill link from the menu; 

select the Interim Final Rules link from 

beneath the Final and Interim Final 

Rules Index title. Persons with 

disabilities who require alternative 

means for communication (Braille, large 

print, audio tape, etc.) should contact 

the USDA Target Center at: (202) 720– 

2600 (voice and TDD). 

FOR FURTHER INFORMATION CONTACT: 

Gregory Johnson, Director, Financial 

Assistance Programs Division, 

Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., Room 5237 

South Building, Washington, DC 20250; 

Phone: (202) 720–1845; Fax: (202) 720– 

4265; or e-mail CSP2008@wdc.usda.gov. 

Signed this 10th day of September 2009, in 

Washington, DC. 

Dave White, 

Vice President, Commodity Credit 

Corporation and Chief, Natural Resources 

Conservation Service. 

[FR Doc. E9–22597 Filed 9–18–09; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Part 1779 

Rural Housing Service 

7 CFR Part 3575 

Rural Business—Cooperative Service 

Rural Utilities Service 

7 CFR Parts 4279 and 4280 

Rural Business—Cooperative Service 

Rural Housing Service 

Rural Utilities Service 

7 CFR Part 5001 

[FR Doc. E8–29151] 

RIN 0570–AA65 

Rural Development Guaranteed Loans 

AGENCIES: Rural Business—Cooperative 

Service, Rural Housing Service, Rural 

Utilities Service, USDA. 

ACTION: Interim final rule; withdrawal. 

SUMMARY: On December 17, 2008, USDA 

Rural Development published an 

interim rule with request for comments 

establishing a unified guaranteed loan 

platform for the enhanced delivery of 

four existing Rural Development 

guaranteed loan programs—Community 

Facility; Water and Waste Disposal; 

Business and Industry; and Renewable 

Energy Systems and Energy Efficiency 

Improvement Projects. Having 

considered the comments received on 

the interim rule and for the reasons 

explained below, Rural Development is 

withdrawing the interim rule for Rural 

Development Guaranteed Loans. 

DATES: The interim final rule published 

on December 17, 2008 (73 FR 76698), 

delayed until February 17, 2009 (74 FR 

2823), further delayed until March 9, 

2009 (74 FR 7179), further delayed until 

June 1, 2009 (74 FR 9759), and further 

delayed until October 1, 2009 (74 FR 

25617) is withdrawn as of 

September 21, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Foore, Rural Development, 

Business and Cooperative Programs, 

U.S. Department of Agriculture, 1400 

Independence Avenue, SW., Stop 3201, 

Washington, DC 20250–3201; e-mail: 

Michael.Foore@wdc.usda.gov; telephone 

(202) 690–4730. 

SUPPLEMENTARY INFORMATION: 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
48006 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Rules and Regulations 

I. Background 

On September 14, 2007, Rural 

Development proposed (72 FR 52618) to 

combine four of its guaranteed loan 

programs into a unified regulatory 

platform. These four regulations are 

Community Facility; Water and Waste 

Disposal; Business and Industry; and 

Renewable Energy Systems and Energy 

Efficiency Improvement Projects. The 

regulations for these four programs 

developed over time and, in some 

aspects, independently of each other. As 

a result, certain operational and 

administrative issues associated with 

the utilization of Agency resources and 

risk management developed when 

looking at all four program regulations 

as a whole as well as individually. The 

intent of the interim rule was to 

eliminate or mitigate these issues, 

enable the Agency, administratively, to 

better manage its guaranteed loan 

making and servicing activities, and to 

reduce the cost of operating the 

guaranteed loan programs. 

In response to comments received on 

the proposed rule, Rural Development 

made significant changes to the unified 

guaranteed loan regulatory platform. 

Because of the level and number of 

changes made to the proposed rule, 

Rural Development issued an interim 

rule, which was published in the 

Federal Register on December 17, 2008 

(73 FR 76698), with request for 

comments, with an effective date of 

January 16, 2009. 

Subsequent to the December 17, 2008 

Federal Register notice, Rural 

Development issued a series of notices 

delaying the effective date of the interim 

rule (74 FR 2823, January 16, 2009; 74 

FR 7179, February 13, 2009; 74 FR 9759, 

March 6, 2009; and 74 FR 25617, May 

29, 2009) such that the effective date 

was delayed to October 1, 2009. USDA 

Rural Development identified the need 

for delaying the effective date of the 

interim rule in each of these notices. 

Reasons cited included the necessity for 

additional time in order to: 

• Make changes to accounting and 

financial control information technology 

systems critical to the delivery of these 

programs; 

• Prepare the best guidance for its 

field staff and to train the field staff; and 

• Finish considering the public 

comments received during the comment 

period for the interim rule as well as the 

public comments received on delaying 

the effective date of the interim rule. 

In light of the pending October 1, 

2009, effective date for the interim rule 

and the need to review of the interim 

rule, as described in the January 20, 

2009, memo from the Assistant to the 

President and Chief of Staff, entitled 

‘‘Regulatory Review’’, Rural 

Development conducted a review of the 

interim rule and the comments received 

on it. Rural Development received a 

total of 71 public comment letters at 

various stages during the development 

of the interim rule—when it was 

proposed, when it was published, and 

when its effective date was first 

proposed to be extended. Comment 

letters were received from Rural 

Development personnel, attorneys, 

financial institutions, trade groups, 

lender associations, and individuals. 

Comments on the proposed rule were 

made on both the proposed guaranteed 

loan platform and on specific provisions 

contained in the proposed rule. While a 

number of commenters stated that they 

‘‘commend’’ or ‘‘support’’ the unified 

guaranteed loan platform, others 

expressed strong concerns, with some 

suggesting that, if adopted as proposed, 

the rule would impose unnecessary 

burden on both borrowers and lenders, 

and could result in lenders not 

participating in the program. Numerous 

comments were also received on 

specific proposed requirements (e.g., the 

threshold level at which audited 

financial statements would be required; 

inclusion of lines of credit as an eligible 

loan purpose under the Business and 

Industry program). Many commenters 

requested that the Agency continue the 

current policies found in the current 

regulations, most frequently referring to 

the Business and Industry regulations (7 

CFR part 4279, subpart A and subpart B, 

and 7 CFR 4287, subpart B). In many, 

if not most, instances, the Agency 

agreed with the commenters and made 

revisions as reflected in the interim rule. 

In commenting on the interim rule, 

most commenters were still very 

concerned about the effect of the interim 

rule on lenders and borrowers, urging 

Rural Development to either withdraw 

the rule or to further delay its effective 

date until substantial improvements 

could be made. Concerns expressed 

included, but were not limited to: 

• Because the interim rule is a new 

program with new procedures, Rural 

Development staff and commercial 

lenders will spend significant time and 

effort re-learning programs that are 

currently well-understood and fluently 

operated. Thus, at a time when 

additional funding will be available 

through the forthcoming stimulus and 

disaster funds, implementing the 

interim rule could endanger a successful 

program and impede delivery of funds. 

• The interim rule adds unnecessary 

confusion and complexity to the 

delivery of these programs, creating not 

only a confusing regulatory maze for 

borrowers to navigate in order to access 

program funds provided in the 2008 

Farm Bill, but a tremendous drag on 

Rural Development and lender 

productivity at a time when all efforts 

should be directed to delivering 

stimulus funds. 

• The interim rule could significantly 

curtail the ability of these programs to 

maintain continuous operation because 

all loan guarantees will halt until such 

time as there is a new ‘‘supply’’ of 

approved lenders. This is not 

appropriate customer service given the 

current economic downturn when the 

programs are most needed and the 

additional economic stimulus funding 

authority. 

As noted previously, several 

commenters concurred with the general 

goals of unified platform for guaranteed 

loans, which include streamlining the 

regulatory framework of these programs, 

minimizing the time and effort of 

dealing with separate sets of regulations 

and requirements, and making them 

easier to use for lenders and borrowers. 

Implemented correctly, such a 

reorganization could free up agency 

personnel to spend their time in more 

constructive pursuits to enhance the 

administration and effectiveness of 

these programs. One commenter 

encouraged Rural Development to 

implement this program without 

substantial changes to the process that 

is currently in place, with several 

commenters encouraging Rural 

Development to work with the lending 

community to improve program 

delivery. 

Based on its review of the interim rule 

and its consideration of the comments 

received, Rural Development has 

determined that a better alternative 

exists to the implementation of its 

guaranteed loan programs than would 

be achieved under the interim rule. 

While Rural Development supports a 

‘‘common regulatory platform’’ as a 

desirable structure, it now believes the 

platform found in 7 CFR part 5001 is not 

the best approach. In general, Rural 

Development believes that the platform 

created under 7 CFR part 5001 is ‘‘too 

broad’’ in its scope, attempting to 

provide for programs whose primary 

focus includes both commercial lending 

activities (i.e., business and industry 

and renewable energy) and community 

development activities (i.e., community 

facilities and water and waste). 

Further, Rural Development believes 

that implementing 7 CFR part 5001 

would impose excessive and 

burdensome requirements on lenders by 

requiring them to seek approval to do 

business with the Agency and submit 

summaries of their lending policies as 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Rules and Regulations 48007 

well as on non traditional lenders. Such 

provisions would discourage the 

participation of many lenders in the 

program, which would jeopardize the 

utilization of funds in these programs. 

Rural Development agrees with the 

commenters that this is of particular 

concern in light of the need of Rural 

Development’s Rural Business— 

Cooperative Service to process the 

applications for Business and Industry 

Loan Guarantees funded with American 

Recovery and Reinvestment Act 

(Recovery Act) funds pursuant to the 

Notice of Funds Availability published 

on July 24, 2009 (74 FR 36649). 

Instead, Rural Development believes 

that it is better to narrow the scope of 

a common regulatory platform to the 

activities associated with its commercial 

lending activities. In doing so, Rural 

Development will be able to shift the 

focus of the common regulatory 

platform from a broad array of 

guaranteed loan activities to those 

commercial lending activities associated 

with its Business Program, including 

renewable energy. 

Focusing on commercial lending 

activities within its Business Program 

provides Rural Development the option 

of developing a common regulatory 

structure based on its current Business 

and Industry guaranteed loan 

regulations (7 CFR part 4279, subparts A 

and B, and 7 CFR part 4287, subpart B) 

and on its current Rural Energy for 

America Program regulation (7 CFR part 

4280, subpart B) and incorporating the 

Biorefinery Assistance guaranteed loan 

program into this regulatory structure. 

By adopting, leveraging, and refining 

these existing regulations, Rural 

Development believes that this 

approach to developing a common 

regulatory structure for its commercial 

lending activities is preferable to 

implementing 7 CFR Part 5001 for 

several reasons, as suggested by the 

commenters, including, but not 

necessarily limited to: 

• In contrast to 7 CFR part 5001, the 

framework of the current Business and 

Industry Loan Guarantee regulations is 

well established with stakeholders and 

has a proven program delivery track 

record. 

• Implementing 7 CFR part 5001 

would require both lenders and Rural 

Development staff to be re-trained in 

order to learn a new system. Because 

such a complete overhaul of the 

Business Program regulations is not 

required, it is not appropriate to burden 

the Rural Development staff to learn and 

implement a completely new system. 

• Implementing 7 CFR part 5001 

would impede Business Program 

funding utilization. The lack of 

familiarity with the interim rule would 

cause a 60 to 90 day standstill in 

program delivery at a time when the 

program level is at record levels. 

Furthermore, implementation of the 

interim rule will seriously impede the 

Administration’s initiative to use 

Recovery Act funds to improve the 

Nation’s economy. 

In summary, based on its review and 

re-examination of 7 CFR Part 5001 and 

the comments received, Rural 

Development takes the position that, 

with some refinement and 

enhancement, a common regulatory 

structure for guaranteed loans utilizing 

the current Business Program 

regulations will result in a better and 

more efficient regulatory structure than 

would be achieved through the 

implementation of 7 CFR part 5001. 

II. Withdrawal of Interim Rule 

Accordingly, the interim final rule 

published on December 17, 2008 (73 FR 

76698), delayed until February 17, 2009, 

(74 FR 2823), further delayed until 

March 9, 2009 (74 FR 7179), further 

delayed until June 1, 2009 (74 FR 9759), 

and further delayed until October 1, 

2009 (74 FR 25617) is withdrawn as of 

September 21, 2009. 

Dated: September 14, 2009. 

Dallas Tonsager, 

Under Secretary. 

[FR Doc. E9–22527 Filed 9–18–09; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–1325; Directorate 

Identifier 2008–NM–157–AD; Amendment 

39–16024; AD 2009–20–01] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 727–281 Airplanes Equipped 

With Auxiliary Fuel Tanks Installed in 

Accordance With Supplemental Type 

Certificate SA3449NM 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Boeing Model 727–281 airplanes. This 

AD requires deactivation of Rogerson 

Aircraft Corporation auxiliary fuel 

tanks. This AD results from fuel system 

reviews conducted by the manufacturer, 

which identified potential unsafe 

conditions but has not provided 

associated corrective actions. We are 

issuing this AD to prevent the potential 

of ignition sources inside fuel tanks, 

which, in combination with flammable 

fuel vapors, could result in fuel tank 

explosions and consequent loss of the 

airplane. 

DATES: This AD is effective October 26, 

2009. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (telephone 800–647–5527) 

is the Document Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Serj 

Harutunian, Aerospace Engineer, 

Propulsion Branch, ANM–140L, FAA, 

Los Angeles Aircraft Certification 

Office, 3960 Paramount Boulevard, 

Lakewood, California 90712–4137; 

telephone (562) 627–5254; fax (562) 

627–5210. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an airworthiness 

directive (AD) that would apply to 

certain Boeing Model 727–281 

airplanes. That NPRM was published in 

the Federal Register on December 23, 

2008 (73 FR 78675). That NPRM 

proposed to require deactivation of 

Rogerson Aircraft Corporation auxiliary 

fuel tanks. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

considered the comment received. 

Boeing supports the NPRM. 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

This AD would affect about 17 U.S.- 

registered airplanes. The following table 

provides the estimated costs to comply 

with this AD. 


CPrice-Sewell on DSKGBLS3C1PROD with RULES