Federal Register - August 9, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
audited financial statements at least annually.
2 The intermediary must allow the Agency or its representative to review the operations and financial condition of the intermediary upon the Agencys request. The intermediary and its agents must provide access to all pertinent information to allow the Agency, or any party authorized by the Agency, to conduct such reviews. The intermediary must submit financial or other information within 14 calendar days upon receipt of the Agencys request, unless the data requested is not available within that time frame. Failure to supply the requested information to the satisfaction of the Agency will constitute non-monetary default. The Agency may conduct reviews, including on-site reviews, of the intermediarys operations and the operations of any agent of the intermediary, for the purpose of verifying compliance with Agency regulations and guidelines.
These reviews may include, but are not limited to, audits of case files;
interviews with owners, managers, and staff; audits of collateral; and inspections of the intermediarys and its agents underwriting, servicing, and liquidation guidelines.
g Annual monitoring reports. Each intermediary will be monitored by the Agency through annual monitoring reports submitted by the intermediary.
Annual monitoring reports must include a description of the use of loan funds, information regarding the acreage, the number of heirs both before and after loan was made, audit findings, disbursement transactions, and any other information required by the Agency, as necessary.
h Unused loan funds. If any part of the HPRP loan has not been used in accordance with the intermediarys relending plan within 3 years from the date of the HPRP loan agreement, the Agency may cancel the approval of any funds not delivered to the intermediary.
The Agency may also direct the intermediary to return any funds delivered to the intermediary that have not been used by that intermediary in accordance with the intermediarys relending plan. The Agency may, at its sole discretion, allow the intermediary additional time to use the HPRP loan funds.
769.165
Loan servicing.
a Payments. The intermediary will make payments to the Agency as specified in the HPRP loan documents.
All payments will be applied to interest first, any additional amount will be applied to principal.
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b Restructuring. The Agency may restructure the intermediarys loan debt, if:
1 The loan objectives cannot be met unless the HPRP loan is restructured;
2 The Agencys interest will be protected; and 3 The restructuring will be within the Agencys budget authority.
c Default. The Agency will work with the intermediary to correct any default, subject to the requirements of paragraph b of this section. In the event of monetary or non-monetary default, the Agency will take all appropriate actions to protect its interest, including, but not limited to, declaring the debt fully due and payable and may proceed to enforce its rights under the HPRP loan agreement, and any other loan instruments relating to the loan under applicable law and regulations, and commencement of legal action to protect the Agencys interest.
Violation of any agreement with the Agency or failure to comply with reporting or other HPRP requirements will be considered non-monetary default.
769.166
Transfers and assumptions.
a All transfers and assumptions must be approved in advance by the Agency. The assuming entity must meet all eligibility criteria for HPRP.
b Available transfer and assumption options to eligible intermediaries include:
1 The total indebtedness may be transferred to another eligible intermediary on the same rates and terms; or 2 The total indebtedness may be transferred to another eligible intermediary on different terms not to exceed the term for which an initial loan can be made.
c The transferor must prepare the transfer document for the Agencys review prior to the transfer and assumption.
d The transferee must provide the Agency with information required in the application as specified in 769.158.
e The Agencys approved form of the assumption agreement will formally authorize the transfer and assumption and will contain the Agency case number of the transferor and transferee.
f When the transferee makes a cash down-payment in connection with the transfer and assumption, any proceeds received by the transferor will be credited on the transferors loan debt in order of maturity date.
769.167
Appeals.
Any appealable adverse decision made by the Agency may be appealed
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upon written request of the intermediary as specified in 7 CFR part 11.
769.168
Exceptions.
The Agency may grant an exception to any of the requirements of this subpart if the proposed change is in the best financial interest of the Government and not inconsistent with the authorizing law or any other applicable law.
Zach Ducheneaux, Administrator, Farm Service Agency.
FR Doc. 202116459 Filed 8521; 8:45 am BILLING CODE 341005P
NUCLEAR REGULATORY
COMMISSION
10 CFR Chapter I
NRC20210113
RIN 3150AK65
Miscellaneous Corrections Nuclear Regulatory Commission.
ACTION: Final rule.
AGENCY:
The U.S. Nuclear Regulatory Commission NRC is amending its regulations to make miscellaneous corrections. These changes include correcting mailing addresses, typographical errors, grammatical errors, references, spelling, agency names, and office titles; removing outdated reporting requirements;
clarifying language; adding metric units;
and inserting missing language. This document is necessary to inform the public of these non-substantive amendments to the NRCs regulations.
DATES: This final rule is effective on September 8, 2021.
ADDRESSES: Please refer to Docket ID
NRC20210113 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:
Federal Rulemaking Website: Go to https www.regulations.gov and search for Docket ID NRC20210113. Address questions about NRC dockets to Dawn Forder; telephone: 3014153407;
email: Dawn.Forder@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section of this document.
NRCs Agencywide Documents Access and Management System ADAMS: You may obtain publiclyavailable documents online in the SUMMARY:
E:FRFM09AUR1.SGM
09AUR1