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GAO-10-169R 1 (2009-10-28)

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T I  M Accountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          B-318838


          October 28, 2009

          The Honorable Blanche Lincoln
          Chairman
          The Honorable Saxby Chambliss
          Ranking Minority Member
          Committee on Agriculture, Nutrition, and Forestry
          United States Senate

          The Honorable Collin C. Peterson
          Chairman
          The Honorable Frank D. Lucas
          Ranking Minority Member
          Committee on Agriculture
          House of Representatives

          Subject: Department ofAgriculture, Commodity Credit Coiporation: Farm Storage
                  Facility Loan and Sugar Storage Facility Loan Programs

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by the Department of Agriculture, Commodity Credit
          Corporation (CCC), entitled Farm Storage Facility Loan and Sugar Storage Facility
          Loan Programs (RIN: 0560-AH60). We received the rule on October 15, 2009. It was
          published in the Federal Register as a final rule on August 18, 2009. 74 Fed. Reg.
          41,581.

          The final rule amends the regulations governing the Farm Storage Facility Loan
          (FSFL) and Sugar Storage Facility Loan (SSFL) programs. The final rule implements
          changes from the 2008 Farm Bill and adds hay and renewable biomass as eligible
          FSFL commodities, extends the maximum loan term to 12 years, and increases the
          maximum loan amount to $500,000. The final rule also adds fruits and vegetables
          (including nuts) as eligible facility loan commodities and adds cold storage facilities
          as eligible facilities. The final rule also clarifies requirements for loan security and
          allows for a partial loan disbursement during construction if certain conditions are
          met.

          The Congressional Review Act requires major rules to have a 60-day delay in their
          effective date following their publication in the Federal Register or receipt by
          Congress, whichever is later. 5 U.S.C. § 801(a)(3)(A). However, notwithstanding the


GAO-10-169R

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