Notice2023-05464
Information Collection Requests; Direct Loan Servicing-Regular; and Servicing Minor Program Loans
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Published
March 17, 2023
Issuing agencies
Agriculture DepartmentFarm Service Agency
Abstract
In accordance with the Paperwork Reduction Act (PRA) requirement, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on a revision of two currently approved information collection requests, Direct Loan Servicing--Regular and Servicing Minor Program Loans, respectively. In the Direct Loan Servicing--Regular, the information is used to determine borrower compliance with loan agreements, assist the borrower in achieving business goals, and regular servicing of the loan account such as graduation, subordination, partial release, use of proceeds, and consent. In Servicing Minor Program Loans, the information collected is used to perform routine and special servicing actions for loans authorized and serviced under FSA's Minor Loan Program.
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[Federal Register Volume 88, Number 52 (Friday, March 17, 2023)]
[Notices]
[Pages 16394-16395]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05464]
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Notices
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Federal Register / Vol. 88, No. 52 / Friday, March 17, 2023 /
Notices
[[Page 16394]]
DEPARTMENT OF AGRICULTURE
Farm Service Agency
[Docket ID: FSA-2023-0006]
Information Collection Requests; Direct Loan Servicing--Regular;
and Servicing Minor Program Loans
AGENCY: Farm Service Agency, USDA.
ACTION: Notice; request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act (PRA)
requirement, the Farm Service Agency (FSA) is requesting comments from
all interested individuals and organizations on a revision of two
currently approved information collection requests, Direct Loan
Servicing--Regular and Servicing Minor Program Loans, respectively. In
the Direct Loan Servicing--Regular, the information is used to
determine borrower compliance with loan agreements, assist the borrower
in achieving business goals, and regular servicing of the loan account
such as graduation, subordination, partial release, use of proceeds,
and consent. In Servicing Minor Program Loans, the information
collected is used to perform routine and special servicing actions for
loans authorized and serviced under FSA's Minor Loan Program.
DATES: We will consider comments that we receive by May 16, 2023.
ADDRESSES: We invite you to submit comments in response to this notice.
FSA prefers that the comments are submitted electronically through the
Federal eRulemaking Portal, identified by Docket ID No. FSA-2023-0006,
go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and search for docket ID FSA-2023-
0006. Follow the online instructions for submitting comments.
All comments received will be posted without change and made
publicly available on <a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Lee Nault; by telephone: (202) 720-
6834; or by email: <a href="/cdn-cgi/l/email-protection#345851511a5a5541584074414750551a535b42"><span class="__cf_email__" data-cfemail="442821216a2a2531283004313720256a232b32">[email protected]</span></a>. Individuals who require
alternative means for communication should contact the USDA TARGET
Center at (202) 720-2600 (voice and text telephone (TTY)) or dial 711
for Telecommunications Relay service (both voice and text telephone
users can initiate this call from any telephone).
SUPPLEMENTARY INFORMATION:
Description of 2 Information Collection Requests
Title: Servicing Minor Program Loans.
OMB Control Number: 0560-0230.
Expiration Date: December 31, 2025.
Type of Request: Revision.
Abstract: Section 331(b) of the Consolidated Farm and Rural
Development Act (CONACT, 7 U.S.C. 1981(b)), in part, authorizes the
Secretary of Agriculture to modify, subordinate and release terms of
security instruments, leases, contracts, and agreements entered by FSA.
The section also authorizes transfers of security property, as the
Secretary deems necessary, to carry out the purpose of the loan or
protect the Government's financial interest. Section 335 of the CONACT
(7 U.S.C. 1985) provides servicing authority for real estate security,
operation or lease of realty, disposition of property, conveyance of
real property interest of the United States, easements, and
condemnations.
The information collection relates to a program benefit recipient
or loan borrower requesting action on security they own, which was
purchased with FSA loan funds, improved with FSA loan funds or has
otherwise been mortgaged to FSA to secure a Federal Government loan.
The information collected is primarily financial data not already on
file, such as borrower asset values, current financial information and
public use and employment data.
To better serve borrowers' minor loan program servicing requests,
FSA is retiring form FSA-2060 ``Application for Partial Release,
Subordination (Real or Personal), or Consent''. FSA has created two new
forms, FSA-2061 ``Application for Partial Release or Consent'' and FSA-
2062 ``Application for Subordination of Security for Commercial
Credit''; both new forms captured the information previously requested
on the FSA-2001 and FSA-2060 that will replace the FSA-2060 and
eliminating the need for FSA-2001 for regular and routine servicing
requests.
FSA is requesting OMB approval on the new two forms. With the
retiring of FSA-2060 and the addition of FSA-2061 and FSA-2062, the
estimated burden hours have not changed. A review of previous FSA-2060
usage over the past five years revealed no usage of the form to service
minor program loans. While significant usage of the new forms replacing
the FSA-2060 is not anticipated, these forms are included as part of
this collection package due to the need for them to complete potential
minor program servicing requests. No anticipated increase or decrease
in usage for loans serviced under this program is expected.
For the following estimated total annual burden on respondents, the
formula used to calculate the total burden hours is the estimated
average time per responses hours multiplied by the estimated total
annual responses.
Estimate of Annual Burden: Public reporting burden for this
collection of information is estimated to average 0.63 hours per
response.
Type of Respondents: Individuals, associations, partnerships, or
corporations.
Estimated Number of Respondents: 58.
Estimated Annual Number of Responses per Respondent: 1.
Estimated Total Annual of Responses: 58.
Estimated Average Time per Responses: 0.63 hours.
Estimated Total Annual Burden on Respondents: 37 hours.
Title: Farm Loan Programs--Direct Loan Servicing--Regular.
OMB Control Number: 0560-0236.
OMB Expiration Date: December 31, 2025.
Type of Request: Revision.
Abstract: FSA's Farm Loan Programs provide loans to family farmers
to purchase real estate and equipment, and finance agricultural
production. Direct Loan Servicing--Regular, as specified in 7 CFR part
765, provides the requirements related to regular and routine servicing
actions associated with direct loans. FSA is required to actively
supervise its borrowers and provide credit counseling, management
advice and financial guidance. Additionally, FSA must document that
[[Page 16395]]
credit is not available to the borrower from commercial credit sources
for borrowers to maintain eligibility for assistance. Information
collections established in the regulation are necessary for FSA to
monitor and account for loan security, including proceeds derived from
the sale of security, and to process a borrower's request for
subordination, partial release of security, or consent. Borrowers are
required to provide financial information to determine graduation
eligibility based on commercial lender standards provided to FSA.
To better serve borrowers' regular and routine servicing requests,
FSA is retiring form FSA-2060 ``Application for Partial Release,
Subordination (Real or Personal), or Consent''. The form FSA-2061
``Application for Partial Release or Consent,'' and form FSA-2062
``Application for Subordination of Security for Commercial Credit'' are
new forms; both new forms captured the information previously requested
on the FSA-2001 and FSA-2060 that will replace the FSA-2060 and
eliminating the need for FSA-2001 for regular and routine servicing
requests.
FSA is requesting OMB approval for the new two forms. The burden
hours estimate has been increased by 177 hours while the estimated
annual responses have increased by 88. The increase in burden is not
attributed to additional completion time related to either new form but
instead is an overall estimated increase in total future usage of the
forms based on the number of borrowers who utilize the FSA-2060 to
request servicing actions over the past five years.
For the following estimated total annual burden on respondents, the
formula used to calculate the total burden hours is the estimated
average time per responses multiplied by the estimated total annual of
responses.
Estimate of Annual Burden: Public reporting burden for this
collection of information is estimated to average 0.309 hours per
response.
Type of Respondents: Individuals, associations, partnerships, or
corporations.
Estimated Number of Respondents: 94,768.
Estimated Annual Number of Responses per Respondent: 1.0462.
Estimated Total Annual of Responses: 99,147.
Estimated Average Time per Responses: 0.309 hours.
Estimated Total Annual Burden on Respondents: 30,638 hours.
We are requesting comments on all aspects of this information
collection to help us to:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of FSA, including whether the
information will have practical utility;
(2) Evaluate the accuracy of FSA's estimate of burden including the
validity of the methodology and assumptions used;
(3) Enhance the quality, utility and clarity of the information to
be collected;
(4) Minimize the burden of the collection of information on those
who are to respond, including using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
All comments received in response to this notice, including names
and addresses when provided, will be a matter of public record.
Comments will be summarized and included in the submission for Office
of Management and Budget approval.
USDA Non-Discrimination Policy
In accordance with Federal civil rights law and USDA civil rights
regulations and policies, USDA, its Agencies, offices, and employees,
and institutions participating in or administering USDA programs are
prohibited from discriminating based on race, color, national origin,
religion, sex, gender identity (including gender expression), sexual
orientation, disability, age, marital status, family or parental
status, income derived from a public assistance program, political
beliefs, or reprisal or retaliation for prior civil rights activity, in
any program or activity conducted or funded by USDA (not all bases
apply to all programs). Remedies and complaint filing deadlines vary by
program or incident.
Individuals who require alternative means of communication for
program information (for example, braille, large print, audiotape,
American Sign Language, etc.) should contact the responsible Agency or
USDA TARGET Center at (202) 720-2600 (voice and text telephone (TTY) or
dial 711 for Telecommunications Relay Service (both voice and text
telephone users can initiate this call from any telephone).
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at <a href="https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</a> and
at any USDA office or write a letter addressed to USDA and provide in
the letter all the information requested in the form. To request a copy
of the complaint form, call (866) 632-9992. Submit your completed form
or letter to USDA by mail to: U.S. Department of Agriculture, Office of
the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW,
Washington, DC 20250-9410 or email: <a href="/cdn-cgi/l/email-protection#cf808e8c8fbabcabaee1a8a0b9"><span class="__cf_email__" data-cfemail="a2ede3e1e2d7d1c6c38cc5cdd4">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender.
Zach Ducheneaux,
Administrator, Farm Service Agency.
[FR Doc. 2023-05464 Filed 3-16-23; 8:45 am]
BILLING CODE 3410-EB-P
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