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Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations
request that was needed to support subsequent paragraphs and not a scoring priority in and of itself.
Changed 4280.316d2iii from subjective scoring of client evaluations to awarding 3 points if the Applicant conducts client evaluations. A scoring method for the evaluations is included with an additional 2 points awarded if the evaluation average is above 3.0 on a 5-point scale. The maximum total of 5 points for the criterion is unchanged.
Changed 4280.316d4i from less than 5 percent to up to and less than 5.0 percent so that 5.0 percent is included in this scoring criterion.
Paragraph ii was changed to more than 5.0 percent but less than 8 percent from between 5 percent and 8 percent, . . . so that 5.0 percent is not included in this score and lastly 4280.316d4iii was changed from Between 8 percent up to and including 10 percent to 8 percent or greater so that all percentages greater than 8 are included.
At 4280.316e3 information was added to provide information to applicants on how the Agency will handle unsuccessful applications under this section.
Application submission information at 4280.317a1 was updated to remove the requirement for the application package to be submitted in a three-ring binder.
Section 4280.317a2 was modified to provide clarity to applicants on application submission and acceptance and funding cycles.
The Agency added clarifying language at 4280.322a emphasizing that the total outstanding loan balance to any one microborrower may not exceed $50,000. The language was added as previous language limited individual loans to $50,000 not the total loans outstanding.
To comply with the provisions of Executive Order 13559 Fundamental Principles and Policymaking Criteria for Partnerships With Faith-Based and Other Neighborhood Organizations, the Agency has added Loans supporting explicitly religious activities, such as worship, religious instruction or proselytization as an ineligible project type at 4280.323k. This addition provides additional guidance to applicants on activities that cannot be supported with Agency grant funds.
IV. Executive Orders/Acts Executive Order 12866, Regulatory Impact Analysis This rule has been determined to be not significant for purposes of Executive Order 12866 and, therefore, has not
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been reviewed by the Office of Management and Budget.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance CFDA number assigned to the Rural Microentrepreneur Assistance Program is 10.870. All active CFDA
programs and the CFDA Catalog can be found at the following website: https
beta.sam.gov/. The Government Printing Office GPO prints and sells the CFDA
to interested buyers. For information about purchasing the Catalog of Federal Domestic Assistance from GPO, call the Superintendent of Documents at 202
5121800 or toll free at 8665121800, or access GPOs on-line bookstore.
Executive Order 12372, Intergovernmental Review of Federal Programs This program is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials.
Intergovernmental consultation will occur for the assistance to MDOs in accordance with the process and procedures outlined in 2 CFR part 415, subpart C. Assistance to rural microenterprises will not require intergovernmental review.
Rural Development will conduct intergovernmental consultation using RD Instruction 1970I
Intergovernmental Review, available in any Rural Development office, on the internet at http www.rd.usda.gov/sites/
default/files/1970i.pdf and in 2 CFR
part 415, subpart C. Note that not all States have chosen to participate in the intergovernmental review process. A list of participating States is available at the following website: https
www.whitehouse.gov/omb/
management/office-federal-financialmanagement/.
Executive Order 12988, Civil Justice Reform This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. The Agency has determined that this rule meets the applicable standards provided in section 3 of the Executive Order. In addition, all State and local laws and regulations that are in conflict with this rule will be preempted. No retroactive effect will be given to this rule, and, in accordance with Sec. 212e of the
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Department of Agriculture Reorganization Act of 1994 7 U.S.C.
Sec. 6912e, administrative appeal procedures, if any, must be exhausted before an action against the Department or its agencies may be initiated.
Information Collection and Recordkeeping Requirements This rule contains no new reporting or recordkeeping burdens under OMB
control number 05700062 that would require approval under the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq..
National Environmental Policy Act In accordance with the National Environmental Policy Act of 1969, Public Law 91190, this final rule has been reviewed in accordance with 7
CFR part 1970 Environmental Policies and Procedures. The Agency has determined that i this action meets the criteria established in 7 CFR 1970.53f;
ii no extraordinary circumstances exist; and iii the action is not connected to other actions with potentially significant impacts, is not considered a cumulative action and is not precluded by 40 CFR 1506.1.
Therefore, the Agency has determined that the action does not have a significant effect on the human environment, and therefore neither an Environmental Assessment nor an Environmental Impact Statement is required.
Regulatory Flexibility Act The Regulatory Flexibility Act 5
U.S.C. 601602 generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act APA or any other statute. The APA
exempts from notice and comment requirements rules relating to agency management or personnel or to public property, loans, grants, benefits, or contracts 5 U.S.C. 553a2, so therefore an analysis has not been prepared for this rule.
Unfunded Mandates Reform Act This final rule contains no federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995 for state, local, and tribal governments or the private sector. Therefore, this rule is not subject to the requirements of 202 and 205 of the Unfunded Mandates Reform Act of 1995.
Executive Order 13132Federalism The policies contained in this rule do not have any substantial direct effect on
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