94-20434. Submission of Information Collection to OMB (Under Paperwork Reduction Act and 5 CFR Part 1320)  

  • [Federal Register Volume 59, Number 160 (Friday, August 19, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-20434]
    
    
    [[Page Unknown]]
    
    [Federal Register: August 19, 1994]
    
    
                                                       VOL. 59, NO. 160
    
                                                Friday, August 19, 1994
    
    DEPARTMENT OF AGRICULTURE
    
    Farmers Home Administration
    
     
    
    Submission of Information Collection to OMB (Under Paperwork 
    Reduction Act and 5 CFR Part 1320)
    
    AGENCY: Farmers Home Administration, USDA.
    
    ACTION: Notice.
    
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    SUMMARY: The information collection requirement described below has 
    been submitted to OMB for expedited clearance under 5 CFR 1320.18. The 
    Agency solicits comments on subject submission. This action is 
    necessary in order for the Agency to amend its Farmer Programs 
    servicing regulations to add the Disaster Set-aside (DSA) Program. This 
    program will be made available to Farmer Program borrowers who operated 
    a farm or ranch in a county where a disaster occurred in 1993 and was 
    declared/designated a disaster area in accordance with FmHA 
    regulations. Under this program, distressed borrowers will have the 
    opportunity to move their next scheduled FmHA annual installment to the 
    end of the loan term. The intended effect is to service disaster 
    victims in an efficient and timely manner while keeping them in 
    business.
    
    ADDRESSES: Interested persons are invited to submit comments regarding 
    this submission. Comments should refer to the proposal by name and 
    should be sent to: Lisa Grove, USDA Desk Officer, Office of Management 
    and Budget, New Executive Office Building, Washington, DC 20503.
    
    FOR FURTHER INFORMATION CONTACT: Kimberly R. Laris, Loan Officer, 
    Farmer Programs Loan Servicing and Property Management Division, USDA, 
    14th Street and Independence Avenue, SW., South Building, Washington, 
    DC 20250, Telephone (202) 720-4572.
    
    SUPPLEMENTARY INFORMATION: The Agency has submitted the proposal for 
    collection of information as described below, to OMB for clearance as 
    required by the Paperwork Reduction Act (44 U.S.C. Chapter 35). It is 
    requested that OMB approve this submission within 10 days. The 
    supporting statement attached explains the need for adding FmHA 
    Regulation 1951-T, Disaster Set-Aside Program.
    
        Authority: Section 3507 of the Paperwork Reduction Act, 44 
    U.S.C. 3507.
    Supporting Statement
    7 CFR 1951-T, Disaster Set-Aside Program
        1. Explanation of the circumstances that make the collection of 
    information necessary.
        The Farmers Home Administration (FmHA) is requesting expedited 
    clearance of the paperwork burden for this regulation. Approval is 
    requested in accordance with the Paperwork Reduction Act and 5 CFR 
    1320.
        Eighty percent of the 3,151 counties serviced by FmHA were declared 
    disaster areas in 1993. Due to heavy flooding in the midwest and 
    extreme droughts in the South, considerably more borrowers were 
    affected by disasters in 1993 than in any of the previous five years. 
    Although this program was initially begun for the borrowers who were 
    affected by the 1993 disasters, it will also help those who are 
    affected by the 1994 flood disaster in the South if they were also 
    affected by the previous disasters in 1993. It will also be possible to 
    consider extension of this program to assist borrowers affected only by 
    the 1994 disaster. This consideration will be given prior to issuance 
    of the final rule. In order to prevent massive delinquencies and farm 
    failures, it is imperative that borrowers in a crisis situation receive 
    immediate financial assistance.
        It is for this purpose and by the authority granted the Secretary 
    under the Consolidated Farm and Rural Development Act (CONACT), Section 
    331A (7 U.S.C. 1981a), FmHA has made available the Disaster Set-aside 
    Program. As provided in Section 331A, the Secretary has the authority 
    to defer principal and interest at the request of the borrower on any 
    outstanding loan made, insured, or held by the Secretary under the 
    CONACT, subject to the borrower showing that due to circumstances 
    beyond his/her control, he/she is temporarily unable to continue making 
    payments when due without unduly impairing his/her standard of living. 
    The set-aside program is designed to assist borrowers in financial 
    distress who operated a farm or ranch in a county where a disaster 
    occurred in 1993 and was declared/designated a disaster area as set 
    forth in subpart A of part 1945 of this chapter.
        Under this program, farmer programs borrowers can receive immediate 
    financial relief from their FmHA payment obligations. FmHA projects 
    that approximately 60,000 borrowers affected by 1993 disasters will 
    request assistance under the set-aside program. Of these borrowers, 
    approximately 20,000 have installments that came due January 1, 1994. 
    If these installments are not paid by January 1, 1995, or otherwise 
    set-aside, the borrower will be two installments behind and will no 
    longer be eligible to receive disaster set-aside assistance. Borrowers 
    more than one payment behind will be able to receive more assistance 
    and offered more options through FmHA's loan servicing program under 7 
    CFR 1951-S. However, borrowers who cannot obtain servicing through 7 
    CFR 1951-S may be able to cure their delinquency with set-aside 
    assistance. The set-aside program will be better for some borrowers 
    than the servicing program provided through 7 CFR 1951-S since the set-
    aside will be a faster process, eligibility requirements are easier to 
    meet, paperwork is less, and some borrowers will be able to be back on 
    track after one payment is set-aside. The Agency realizes that although 
    this may not be a solution to finding the borrower a feasible plan, it 
    may provide temporary assistance to borrowers needing that type of 
    relief. It will allow some borrowers to use sources other than FmHA to 
    maintain their farm operation and allow them to work out their 
    financial difficulty over the next year or so. Borrowers can cure their 
    FmHA delinquency while at the same time continue farming and find the 
    means to recover from the affects of the disaster. Other borrowers may 
    prefer to use the year to voluntarily liquidate. This regulation will 
    therefore provide options to prevent the foreclosure of borrowers in 
    both of these instances. It is because of these reasons that 
    implementation of this regulation as an interim rule is crucial to 
    providing assistance to borrowers with the most urgent need while 
    keeping them in business or allowing them crucial time to make optional 
    choices. Borrowers who are not eligible for the DSA program, or who 
    need more extensive servicing, will still have the opportunity to be 
    considered for FmHA's primary loan servicing program as set forth in 7 
    CFR 1951-S.
        The set-aside program allows eligible borrowers to move one FmHA 
    annual installment for each loan to the end of the loan term, thereby 
    quickly eliminating the immediate financial stress. The installment 
    set-aside may be the one due immediately after the disaster or, if that 
    installment is paid to the neglect of other creditors or family living 
    and operating expenses, then the next scheduled installment may be set-
    aside. Borrowers who received primary loan servicing after the disaster 
    will not be eligible for the disaster set-aside, as restructuring of 
    the account resolved the financial distress for the current and next 
    production/marketing period.
        The reporting requirements imposed on the public by the regulations 
    set out in 7 CFR 1951-T are necessary to administer this program. 
    Borrowers must request DSA in writing and be able to show from their 
    actual production income and expense records that because of the 
    disaster, their projected income was reduced to an amount that would 
    prevent payment of all family living and operating expenses, and paying 
    amounts due FmHA and/or other creditors. The addendum is needed in 
    order to amend the promissory note/assumption agreement to reflect the 
    amount set-aside and provide for collection on or before the final due 
    date of the loan.
        2. Indicate how, by whom, and for what purpose the information is 
    to be used and the consequence to Federal program or policy activities 
    if the collection of information was not conducted.
        The information required of FmHA farm borrowers is collected by 
    FmHA loan servicing officials to facilitate an effective decision-
    making process when considering set-aside requests.
        The effectiveness of this regulation is dependent upon collection 
    of information from the borrower and the ability to execute an 
    agreement for future repayment of the set-aside installment. Without 
    this information, the Agency cannot provide disaster victims with the 
    servicing they most desperately need in an expedient manner.
        Specifically, the burden imposed by this regulation is described as 
    follows:
    
    Written Request for DSA
    
        The letter of notification about the DSA program requires borrowers 
    to respond in writing if they wish to be considered for set-aside. 
    Written response can be limited to one sentence with signatures of all 
    persons liable for the FmHA debt. The burden is limited to the time it 
    takes the borrower to read the notification letter and prepare a signed 
    written request. The average response time is estimated to be 15 
    minutes.
    
    Production, Income and Expenses Records
    
        The letter of notification about the DSA program also requires the 
    borrower to provide actual production, income and expense figures for 
    the production/marketing period in which the 1993 disaster occurred, 
    unless this information has already been provided to FmHA. The majority 
    of the borrowers who request DSA will have already provided these 
    records because of other FmHA regulations that require annual year-end 
    analysis of the farming operation. The average response time is 
    estimated to be 5 minutes.
    
    Addendum to the Promissory Note/Assumption Agreement for the Disaster 
    Set-Aside Program
    
        In order for eligible borrowers to participate in the DSA program, 
    an addendum must be signed for each loan installment set-aside and 
    attached to the promissory note/assumption agreement. This addendum 
    must be signed within 30 days from the date the borrower is notified of 
    eligibility. The addendum provides an agreement from the borrower that 
    the installment being set-aside, plus accrued interest on any principal 
    set-aside, will be paid on or before the final due date of the loan. 
    The addendum is completed by FmHA personnel. The burden imposed on the 
    borrower is limited to the time required to read and sign the addendum. 
    The average burden time is estimated to be 5 minutes.
        3. Describe any consideration of the use of improved information 
    technology to reduce burden and any technical or legal obstacles to 
    reducing burden.
        The information collected is of such type and nature that the use 
    of improved information technology, such as data and word processing, 
    would not significantly reduce the public burden. The Agency has not 
    identified any legal obstacles to reducing reporting burdens associated 
    with this regulation.
        4. Describe efforts to identify duplication.
        Every effort has been made to avoid unnecessary duplication of 
    information collected. Any information that was previously collected 
    concerning the debtor that remains relevant is utilized to reduce the 
    public burden.
        5. Show specifically why any similar information already available 
    cannot be used or modified for the purpose(s) described in 2.
        There is no similar information available to replace the written 
    request of the borrower or the set-aside addendum. However, and as 
    previously stated, if the borrowers production and income and expense 
    records for the disaster year have already been collected, this 
    information does not have to be provided again.
        6. If the collection of information involves small businesses or 
    other small entities, describe the methods used to minimize burden.
        The information required by this regulation places no burden on 
    small businesses or other small entities beyond that performed in the 
    course of normal business practices.
        7. Describe the consequence to Federal program or policy activities 
    if the collection were conducted less frequently.
        The borrower can only request disaster set-aside one time. 
    Therefore, the frequency of collection is at the absolute minimum level 
    necessary to enable FmHA to make responsible decisions.
        8. Explain any special circumstances that require the collection to 
    be conducted in a manner inconsistent with the guidelines in 5 CFR 
    1320.6.
        There are no information requirements that are inconsistent with 
    the guidelines in 5 CFR 1320.6.
        9. Describe efforts to consult with persons outside the agency to 
    obtain their views on the availability of data, frequency of 
    collection, the clarity of instructions and recordkeeping, disclosure, 
    or reporting format (if any), and on the data elements to be recorded, 
    disclosed, or reported.
        The following groups were contacted in July 1994 to obtain their 
    views on the paperwork burden: (1) Lane Landenburger of the North 
    Dakota Department of Agriculture, Telephone number 701-223-4423, (2) 
    Lynn Hayes, Farmers Legal Action Group, Telephone number 612-223-5400, 
    (3) Renee Robinson, Illinois Stewardship Alliance, Telephone number 
    217-498-9707, and (4) Melody G. Julian, National Association of County 
    Supervisors, 316-227-3761. The regulation and form letter were 
    reviewed. Their comments were all favorable. In their opinion, the 
    regulation and instructions to the borrower were easy to understand. 
    Most borrowers should have their actual records for the 1993 disaster 
    year completed since the 1993 tax year has already passed. In fact, 
    most borrowers will have already provided these records to FmHA for 
    their year-end analysis and will not have to provide them again. In 
    these cases, the only item left to submit is the letter of request. 
    They also stated the addendum the borrower signs is easy to read and 
    understand and there shouldn't be any confusion.
        10. Describe any assurance of confidentiality provided to 
    respondents and the basis for the assurance in statute, regulation, or 
    agency policy.
        There is no assurance of confidentiality provided to respondents 
    for the information required by this regulation.
        11. Provide additional justification for any questions of a 
    sensitive nature, such as sexual behavior and attitudes, religious 
    beliefs, and other matters that are commonly considered private.
        The information to be collected under this regulation does not 
    involve any questions of a sensitive nature.
        12. Provide estimates of annualized cost to the Federal Government 
    and to the respondents. Also provide a description of the method used 
    to estimate cost, which should include quantification of hours, 
    operational expenses, and any other expense that would not have been 
    incurred without the paperwork burden.
        The annual cost to the Federal Government to implement and 
    administer this regulation is estimated to be $1,544,400, which 
    includes salaries, operational expenses and overhead. The national 
    average cost factor is $17.16 per hour. Federal Government costs for 
    this regulation are based on the number of notifications, responses and 
    persons qualifying for the program, times the hourly cost factor.
        The estimated annual cost to respondents is $246,092, using a rate 
    of $10.34, derived from the Statistical Abstract of the United States 
    1992, the National Data Book, Table 650, page 410. This table was based 
    on information from the U.S. Bureau of Labor Statistics Average Hourly 
    and Weekly Earnings in Current and Constant (1982) Dollars for 1991.
        13. Provide estimates of the burden of the collection of 
    information.
        Attached is a chart indicating the estimates of the public's annual 
    burden. FmHA estimates that approximately 100,000 farmer programs 
    borrowers will be notified of the DSA program. This number includes all 
    FP borrowers who operated in a disaster area during 1993. FmHA 
    estimates that approximately 60,000 of these borrowers will make a 
    written request for DSA. The other 40,000 will not apply for various 
    reasons. Approximately 10,000 borrowers have or will be restructured 
    under subpart S of part 1951 and therefore will not be eligible for 
    this program. Approximately 20,000 will not apply because they know 
    they cannot meet the eligibilty requirements. The other 10,000 will not 
    apply because even though they might have operated in a disaster area, 
    they were able to pay all family living and operating expenses, and all 
    payments to FmHA and other creditors.
        Of the 60,000 borrowers who request DSA, FmHA estimates that 50,000 
    will actually receive DSA. The other 10,000 will either not qualify for 
    the program or will choose 1951-S servicing instead.
        14. Explain reasons for changes in burden, including the need for 
    any increase.
        This is a new regulation.
        15. For collections of information whose results are planned to be 
    published for statistical use.
        There are no plans to publish information from these documents for 
    statistical purposes and therefore Section B does not apply.
    
                                                            7 CFR 1951-T, Disaster Set-Aside Program                                                        
    --------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 July 8, 1994                               
                                                                                ----------------------------------------------------------------------------
                                                                                                                   Est. No.                Est.             
         Section of regulation                    Title               Form No.    Est. No.   Reports     Total     of hours     Est.      hourly      Est.  
                                                                                     of       filed      annual      per       total      salary     total  
                                                                                 responses   annually  responses   response    hours       rate       cost  
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    1951.953(b)(1).................  Written Request for DSA.......  Letter....     60,000          1     60,000        .25     15,000      10.34   $155,100
    1951.953(b)(2).................  Production, income and expense  Written...     60,000          1     60,000        .08      4,800      10.34     49,632
                                      records.                                                                                                              
    1951.957(a)(1) Exhibit A.......  Addendum to the Promissory      Written...     50,000          1     50,000        0.8      4,000      10.34     41,360
                                      Note/Assumption Agreement for                                                                                         
                                      the Disaster Set-aside                                                                                                
                                      Program.                                                                                                              
                                                                                ----------------------------------------------------------------------------
          Totals...................  ..............................  ..........  .........    170,000  .........     23,800    246,092  .........  .........
    --------------------------------------------------------------------------------------------------------------------------------------------------------
    
    PART 1951--SERVICING AND COLLECTIONS
    
    Subpart T--Disaster Set-aside Program
    
    Sec.
    1951.951  Purpose.
    1951.952  General.
    1951.953  Notification and request for DSA.
    1951.954-1951.956  [Reserved]
    1951.957  Eligibility determination and processing.
    1951.958  Supervision and servicing of borrowers with DSA.
    1951.959  Exception authority.
    1951.960-1951.999  [Reserved]
    1951.1000  OMB control number.
    
    Exhibit A--Addendum to the Promissory Note/Assumption Agreement for 
    the Disaster Set-Aside Program
    
    Subpart T--Disaster Set-aside Program
    
    
    Sec. 1951.951  Purpose.
    
        This subpart sets forth the policies and procedures for 
    establishing and implementing the Disaster Set-aside Program (DSA). The 
    DSA program is available to Farmer Programs (FP) borrowers, as defined 
    in subpart S of this part, who suffered losses as a result of a 1993 
    disaster. FP loans that may be serviced under this subpart include Farm 
    Ownership (FO), Operating (OL), Soil and Water (SW), Emergency (EM), 
    Economic Emergency (EE), Special Livestock (SL), Economic Opportunity 
    (EO), Softwood Timber (ST), Recreation (RL), and Rural Housing loans 
    for farm service buildings (RHF). Non-program (NP) farm type loans may 
    be serviced under this subpart for borrowers who also have program FP 
    loans. FP borrowers have until July 1, 1995, to request disaster set-
    aside and submit a complete application. Requests received after this 
    date will not be accepted.
    
    
    Sec. 1951.952  General.
    
        Disaster set-aside is a program whereby borrowers who are current 
    or not more than 1 installment behind on any and all FP loans may be 
    permitted to move one Farmers Home Administration (FmHA) scheduled 
    annual installment(s) for each eligible FP loan to the end of the loan 
    term. Borrowers whose loans are restructured in accordance with subpart 
    S of this part after the disaster occurred are not eligible for the DSA 
    program. The intent of this program is to relieve some of the 
    borrower's immediate financial stress caused by the disaster and avoid 
    foreclosure by the Government.
    
    
    Sec. 1951.953  Notification and Request for DSA.
    
        (a) Notification. The County Supervisor will use form letter 1951-
    1-T to notify FP borrowers of the availability of the DSA program and 
    how to apply. All FP borrowers, as defined in Sec. 1951.906 of subpart 
    S of this part, who operated a farm or ranch in a county during 1993 in 
    which a disaster occurred and was declared/designated as a disaster 
    area, or contiguous county, as set forth in subpart A of part 1945 of 
    this chapter will be notified within 10 days of the effective date of 
    this instruction. Notification of the DSA program will not affect the 
    notification requirements set forth in subpart S of this part.
        (b) Request for DSA.
        (1) All FP borrowers liable for the debt must request disaster set-
    aside in writing prior to July 1, 1995.
        (2) Borrowers must provide the County Supervisor with actual 
    production, income and expense figures for the production/marketing 
    period in which the 1993 disaster occurred, unless this information is 
    already in the borrower case file.
        (3) Borrowers may only be considered for DSA one time.
        (c) Eligibility requirements.
        (1) The borrower operated a farm or ranch in a county declared/
    designated a disaster area as set forth in subpart A of part 1945 of 
    this chapter, or a contiguous county to such an area based on a 1993 
    disaster. The borrower must have been operating the farm or ranch at 
    the time of the disaster.
        (2) The borrower has acted in good faith as defined in 
    Sec. 1951.906 of subpart S of this part.
        (3) All nonmonetary defaults have been resolved. This means that 
    even though the borrower has acted in good faith, he/she may still be 
    in default for reasons, such as, but not limited to: no longer farming, 
    prior lienholder foreclosure, bankruptcy, not properly maintaining 
    chattel and real estate security, not properly accounting for the sale 
    of security as agreed, or not carrying out any other agreements made 
    with FmHA.
        (4) The borrower is current or not more than one installment behind 
    on any and all FP loans at the time the scheduled installment(s) will 
    be set-aside as reflected on the Finance Office 540 or 582 status 
    reports.
        (5) The borrower's projected income for the disaster year was 
    reduced as a result of the disaster, causing insufficient income 
    available to pay all family living and operating expenses, pay debts to 
    other creditors and pay FmHA. This determination will be based on the 
    borrower's actual production and income and expense records for the 
    disaster year. Releases of normal income security will continue as set 
    forth in subpart A of part 1962 of this chapter.
        (6) The term remaining on the loan(s) receiving set-aside equals or 
    exceeds 2 years from the due date of the installment being set-aside.
        (7) All FP loans will be current after the scheduled installments 
    are set-aside.
    
    
    Secs. 1951.954-1951.956   [Reserved]
    
    
    Sec. 1951.957  Eligibility determination and processing.
    
        (a) Eligibility determination. Upon receipt of a DSA request, the 
    County Supervisor will determine whether the borrower meets the 
    eligibility requirements set forth in Sec. 1951.953(c) of this subpart 
    and notify the borrower of the results within 30 days from the date of 
    the DSA request. The file shall contain documentation to reflect the 
    date of request and the date the borrower was notified and the addendum 
    signed.
        (1) The borrower shall be provided up to 30 days to sign Exhibit A, 
    ``Addendum to the Promissory Note/Assumption Agreement for the Disaster 
    Set-aside Program.'' If the addendum is not signed within 30 days and/
    or prior to the borrower becoming more than 1 installment behind, the 
    DSA request will be withdrawn and the borrower notified of their appeal 
    rights under subpart B of part 1900 of this chapter.
        (2) Pending requests for primary loan servicing will continue to be 
    considered as set forth in subpart S of this part. However, borrowers 
    cannot accept servicing under both programs.
        (i) Borrowers determined eligible for the DSA and 1951-S servicing 
    will be required to choose between the two program requests. The choice 
    will be noted in the borrower case file and initialed by the borrower.
        (ii) Borrowers may choose to proceed with the DSA prior to a 
    decision being made for primary loan servicing such as in cases where a 
    decision will not be available on the primary loan servicing 
    application prior to the borrower becoming more than 1 installment 
    behind.
        (iii) The application for the program not chosen will automatically 
    be withdrawn at the time the installment(s) are set-aside or the 
    loan(s) restructured, whichever is applicable. This voluntary 
    withdrawal is not appealable.
        (iv) By signing Exhibit A of this subpart, the borrower agrees to 
    the withdrawal of any pending request for primary loan servicing. The 
    borrower may resubmit a request at any time according to subpart S of 
    this part.
        (b) Processing. Installments will be set-aside as set forth in this 
    paragraph.
        (1) All borrowers liable for the debt will sign Exhibit A of this 
    subpart for each loan installment set-aside. Exhibit A may be modified 
    with the assistance of the Office of the General Counsel to comply with 
    individual State laws.
        (2) Only one unpaid installment for each FP loan may be set-aside.
        (i) The installment set-aside will be the first scheduled annual 
    installment due immediately after the disaster occurred, or if that 
    installment is paid current, the next scheduled annual installment. 
    Set-aside will not be granted on the loan if both of these installments 
    are paid current.
        (ii) The amount set-aside will not exceed the annual scheduled 
    installment being set-aside minus any portion of that installment paid 
    prior to Exhibit A being signed by the borrower. This amount will 
    include the unpaid interest and any principal that would be credited to 
    the account as if the installment were paid on the due date.
        (iii) Recoverable cost items charged to FO, SW, and RHF loans may 
    be set-aside with the annual installment. Cost items identified with a 
    loan number different from the parent loan cannot be set-aside.
        (3) Interest will accrue on any principal amount set-aside at the 
    same rate charged the non-set-aside portion. Interest will not accrue 
    on the interest portion set-aside.
        (4) The amount set-aside, including interest accrual on any 
    principal set-aside, will be due on or before the final due date of the 
    loan.
        (5) There are no security requirements attached to the DSA program. 
    All existing security instruments will remain in effect.
        (6) Exhibit A will be used as the source document to process the 
    set-aside through ADPS. Until automation capabilities are implemented, 
    Exhibit A should be placed in a pending file and the borrower's account 
    flagged ``51-S.'' The Finance Office borrower account status reports 
    will reflect the amount(s) set-aside for each loan.
        (7) The National Automated Tracking System (AGCREDIT) will be 
    utilized to document the notification and servicing scheme associated 
    with this subpart.
        (8) The loan(s) will be considered current after the installment(s) 
    is set-aside and, therefore, debt writedown or net recovery buyout may 
    not be subsequently approved under subpart S of this part, and loans 
    may not be made under Sec. 1941.14 of subpart A of part 1941 of this 
    chapter, unless the set-aside is reversed as set forth in 
    Sec. 1951.958(b)(2) of this subpart or the borrower becomes delinquent 
    on the non-set-aside portion.
        (c) Adverse determination. Borrowers who do not meet the 
    requirements for the DSA program will be notified of their appeal 
    rights in accordance with subpart B of part 1900 of this chapter. If 
    the borrower becomes more than 1 installment behind on any FP loan 
    while processing the DSA request, or while an appeal is being 
    considered, the DSA request will be denied and/or any associated appeal 
    request withdrawn. Being denied set-aside based on the failure to meet 
    the not-more-than-1-installment-behind requirement is not an appealable 
    issue, but is reviewable. The letter to the borrower will describe in 
    full detail all the reasons for the adverse decision. Borrowers denied 
    set-aside will continue to be serviced in accordance with subpart S of 
    this part.
    
    
    Sec. 1951.958  Supervision and servicing of borrowers with DSA.
    
        (a) Supervision. Borrower supervision will continue as set forth in 
    subpart B of part 1924 of this chapter.
        (b) Servicing. FP loans will continue to be serviced in accordance 
    with the appropriate servicing regulations.
        (1) Payments applied to the amount set-aside will be processed as a 
    miscellaneous payment on Form FmHA 451-2, ``Schedule of Remittance.''
        (2) The set-aside will be reversed and the addendum cancelled if, 
    prior to the first scheduled installment due date after set-aside, the 
    current borrower needs a writedown in order to develop a feasible plan 
    or a net recovery buyout in accordance with subpart S of this part, or 
    loan assistance set forth in Sec. 1941.14 of subpart A of part 1941 of 
    this chapter. The Finance Office must be notified by memorandum of the 
    set-aside reversal prior to the time assistance is granted. A copy of 
    the memorandum will be attached to the addendum.
        (3) In cases not covered by paragraph (b)(2) of this section, the 
    set-aside will be considered automatically cancelled whenever a program 
    loan receives primary loan servicing.
    
    
    Sec. 1951.959  Exception authority.
    
        The Administrator may, in individual cases, make an exception to 
    any requirement or provision of this subpart or address any omission of 
    this subpart which is not inconsistent with the authorizing statute or 
    other applicable law if it is determined that application of the 
    requirement or provision or failure to take action in the case of an 
    omission would adversely affect the Government's interest. The 
    Administrator will exercise this authority upon the request of the 
    State Director, with the recommendation of the Assistant Administrator 
    for Farmer Programs; or upon request initiated by the Assistant 
    Administrator for Farmer Programs. Requests for exception must be made 
    in writing and supported with documentation to explain the adverse 
    effect and proposed alternative courses of action, and to show how the 
    adverse effect will be eliminated or minimized if the exception is 
    granted.
    
    
    Secs. 1951.960-1951.999  [Reserved]
    
    
    Sec. 1951.1000  OMB control number.
    
        The collection of information requirements in this regulation have 
    been approved by the Office of Management and Budget and assigned OMB 
    control number [0000-0000]. Public reporting burden for this collection 
    of information is estimated to be 15 minutes per response, including 
    time for reviewing instructions, searching existing data sources, 
    gathering and maintaining the data needed, and completing and reviewing 
    the collection of information. Send comments regarding this burden 
    estimate or any other aspect of this collection of information, 
    including suggestions for reducing this burden, to Department of 
    Agriculture, Clearance Office OIRM, Room 404-W, Washington, D.C. 20250; 
    and to the Office of Management and Budget, Paperwork Reduction Project 
    (OMB#0000-0000), Washington, D.C. 20503.
    
    Exhibit A of Subpart T--Addendum to the Promissory Note/Assumption 
    Agreement for the Disaster Set-Aside Program
    
        Purpose: For use with the DSA program and to be signed by the 
    borrower and attached to the promissory note/assumption agreement.
    Addendum to the Promissory Note/Assumption Agreement for the Disaster 
    Set-Aside Program
    Date-------------------------------------------------------------------
    
    Case Number------------------------------------------------------------
    
    Name-------------------------------------------------------------------
    
        Note/Assumption Agreement:
    
    Fund Code--------------------------------------------------------------
    
    Loan No.---------------------------------------------------------------
    
    Date-------------------------------------------------------------------
    
    Amount-----------------------------------------------------------------
    
        This addendum amends the above described promissory note or 
    assumption agreement to set forth the terms and conditions for set-
    aside of the installment described below.
    
    Date of Scheduled Installment Set-Aside
    ----------------------------------------------------------------------
    
    Amount of Installment Set-Aside:
    Principal $------------------------------------------------------------
    Interest---------------------------------------------------------------
    Total $----------------------------------------------------------------
    
        Any principal amount set-aside will continue to accrue interest at 
    the same rate being charged the non-set-aside portion of the note.
        This addendum does not change any of the terms or conditions of the 
    promissory note/assumption agreement.
        The undersigned borrower and any cosigners hereby agree to pay the 
    installment being set-aside, plus any accrued interest on the principal 
    amount set-aside, on or before the final due date of the loan, as set 
    forth on the note or assumption agreement being amended.
        If the promissory note/assumption agreement is later restructured 
    through primary loan servicing, the addendum will automatically be 
    considered cancelled and the amount set-aside will be included in the 
    total debt restructured.
        The undersigned borrower(s) understands that by signing this 
    addendum he/she is agreeing to the withdrawal of any pending request 
    for primary loan servicing. This withdrawal does not affect the 
    undersigned's future eligibility for primary loan servicing.
    
    ----------------------------------------------------------------------
    Borrower
    
    ----------------------------------------------------------------------
    Borrower
    
        Dated: August 15, 1994.
    Michael V. Dunn,
    Administrator.
    [FR Doc. 94-20434 Filed 8-18-94; 8:45 am]
    BILLING CODE 3410-07-U
    
    
    

Document Information

Published:
08/19/1994
Department:
Agriculture Department
Entry Type:
Uncategorized Document
Action:
Notice.
Document Number:
94-20434
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: August 19, 1994
CFR: (11)
7 CFR 1951.958(b)(2)
7 CFR 1951.906
7 CFR 1951.951
7 CFR 1951.952
7 CFR 1951.953
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