Guarantee Fee Rates for Guaranteed Loans for Fiscal Year 2020, Maximum Portion of Guarantee Authority Available for Fiscal Year 2020, Annual Renewal Fee for Fiscal Year 2020

Citation85 FR 9725
Record Number2020-03338
Published date20 February 2020
SectionNotices
CourtRural Business-cooperative Service
Federal Register, Volume 85 Issue 34 (Thursday, February 20, 2020)
[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
                [Notices]
                [Pages 9725-9726]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-03338]
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                DEPARTMENT OF AGRICULTURE
                Rural Business-Cooperative Service
                Guarantee Fee Rates for Guaranteed Loans for Fiscal Year 2020,
                Maximum Portion of Guarantee Authority Available for Fiscal Year 2020,
                Annual Renewal Fee for Fiscal Year 2020
                AGENCY: Rural Business-Cooperative Service, USDA.
                ACTION: Notice.
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                SUMMARY: This notice helps to improve applicants' awareness of the
                Guarantee Fee rates for Guaranteed Loans for fiscal year (FY) 2020, the
                Maximum Portion of Guarantee Authority Available for FY 2020, and the
                Annual Renewal Fee for FY 2020 when applying for guaranteed loans under
                the Business and Industry (B&I) Guaranteed Loan Program.
                 The Agency has the authority to charge a guarantee fee and an
                annual renewal fee for loans made under the B&I Guaranteed Loan
                Program. Pursuant to that authority, and subject to the current
                appropriated authority, the Agency is establishing an initial guarantee
                fee rate of 3 percent and an annual renewal fee rate of one-half of 1
                percent for the B&I Guaranteed Loan Program.
                 The initial guarantee fee is paid at the time the Loan Note
                Guarantee is issued. The annual renewal fee is paid by the lender to
                the Agency once a year. Payment of the annual renewal fee is required
                in order to maintain the enforceability of the guarantee.
                DATES: This rule is effective February 20, 2020.
                FOR FURTHER INFORMATION CONTACT: Brenda Griffin, USDA, Rural
                Development, Business Programs, Business and Industry Division, STOP
                3224, 1400 Independence Avenue SW, Washington, DC 20250-3224, telephone
                (202) 720-6802, email [email protected].
                SUPPLEMENTARY INFORMATION:
                 As set forth in 7 CFR 4279.120, the Agency has the authority to
                charge an initial guarantee fee and an annual renewal fee for loans
                made under the B&I Guaranteed Loan Program. Pursuant to that authority,
                and subject to the current appropriated authority, the Agency is
                establishing an initial guarantee fee rate of 3 percent and an annual
                renewal fee rate of one-half of 1 percent for the B&I Guaranteed Loan
                Program. Unless precluded by a subsequent FY 2020 appropriation, these
                rates will apply to all loans obligated in FY 2020 that are made under
                the B&I Guaranteed Loan Program. As established in 7 CFR
                4279.120(b)(1), the amount of the annual fee on each guaranteed loan
                will be determined by multiplying the annual fee rate by the
                outstanding principal loan balance as of December 31, multiplied by the
                percentage of guarantee.
                 As set forth in 7 CFR 4279.120(a) and 4279.119(b), each fiscal
                year, the Agency shall establish a limit on the maximum portion of B&I
                guarantee
                [[Page 9726]]
                authority available for that fiscal year that may be used to guarantee
                loans with a reduced guarantee fee or guaranteed loans with an
                increased percentage of guarantee. The Agency has established that not
                more than 5 percent of the Agency's apportioned B&I guarantee authority
                will be reserved for loan guarantee requests with a reduced fee, and
                not more than 5 percent of the Agency's apportioned B&I guarantee
                authority will be reserved for guaranteed loan requests with an
                increased percentage of guarantee. The funds set aside for increased
                percentages of guarantee and reduced guarantee fees, which were set at
                15 percent and 12 percent, respectively pursuant to the 2019 Agency
                notice, now will change to 5 percent for both with this notice. Once
                the respective limits are reached, all additional loans will be at the
                standard fee and guarantee limits. These changes will have the effect
                of reducing the need for USDA to reprogram funds, which can delay when
                funds are made available to borrowers at regular terms and are based on
                past experience in this program. Allowing a reduced guarantee fee or
                increased percentage of guarantee on certain B&I guaranteed loans that
                meet the conditions set forth in 7 CFR 4279.120 and 4279.119 will
                increase the Agency's ability to focus guarantee assistance on projects
                that the Agency has found particularly meritorious. Subject to annual
                limits set by the Agency in this notice, the Agency may charge a
                reduced guarantee fee if requested by the lender for loans of $5
                million or less when the borrower's business supports value-added
                agriculture and results in farmers benefitting financially, promotes
                access to healthy foods, or is a high impact business development
                investment located in a rural community that is experiencing long-term
                population decline; has remained in poverty for the last 30 years; is
                experiencing trauma as a result of natural disaster; is located in a
                city or county with an unemployment rate 125 percent of the statewide
                rate or greater; or is located within the boundaries of a federally
                recognized Indian tribe's reservation or within tribal trust lands or
                within land owned by an Alaska Native Regional or Village Corporation
                as defined by the Alaska Native Claims Settlement Act. Subject to
                annual limits set by the Agency in this notice, the Agency may allow
                increased percentages of guarantee for high-priority projects or loans
                where the lender needs the increased percentage of guarantee due to its
                legal or regulatory lending limit.
                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 notice
                as not major, as defined by 5 U.S.C. 804(2).
                Non-Discrimination Statement
                 In accordance with Federal civil rights law and U.S. Department of
                Agriculture (USDA) civil rights regulations and policies, the 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/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.
                 Persons with disabilities who require alternative means of
                communication for program information (e.g., Braille, large print,
                audiotape, American Sign Language, etc.) should contact the responsible
                Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or
                contact USDA through the Federal Relay Service at (800) 877-8339.
                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: http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or
                write a letter addressed to USDA and provide in the letter all of 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:
                (1) Mail: U.S. Department of Agriculture, Office of the Assistant
                Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
                20250-9410;
                (2) Fax: (202) 690-7442; or
                (3) Email: [email protected].
                USDA is an equal opportunity provider, employer, and lender.
                Mark Brodziski,
                Acting Administrator, Rural Business-Cooperative Service.
                [FR Doc. 2020-03338 Filed 2-19-20; 8:45 am]
                 BILLING CODE 3410-XY-P
                

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