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Rural Broadband Access Loans and Loan Guarantees

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 [Federal Register: April 4, 2005 (Volume 70, Number 63)]
[Rules and Regulations]
[Page 16930-16931]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap05-2]

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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1738
RIN 0572-AB81

Rural Broadband Access Loans and Loan Guarantees

AGENCY: Rural Utilities Service, USDA.
ACTION: Direct final rule.

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SUMMARY: The Rural Utilities Service (RUS), an agency delivering the
U.S. Department of Agriculture's Rural Development Utilities Programs,
is amending its regulations to revise the definition for ``eligible
rural community'' as it relates to the rural access broadband loans and
loan guarantees program.

DATES: This rule will become effective May 19, 2005, unless we receive
written adverse comments or a written notice of intent to submit
adverse comments on or before May 4, 2005. If we receive such comments
or notice, we will publish a timely document in the Federal Register
withdrawing the rule. Comments received will be considered under the
proposed rule published in this edition of the Federal Register in the
proposed rule section. A second public comment period will not be held.
    Written comments must be received by RUS or carry a postmark or
equivalent no later than May 4, 2005.

ADDRESSES: Submit adverse comments or notice of intent to submit
adverse comments by any of the following methods:
    ? Federal eRulemaking Portal: Go to http://www.regulations.gov. 
Exit Disclaimer Follow the online instructions for submitting comments.
    ? Agency Web Site: http://www.usda.gov/rus/index2/Comments.htm.
Exit Disclaimer Follow the instructions for submitting comments.
     ? E-mail: RUSComments@usda.gov. Include in the subject line
of the message ``Broadband Loans and Loan Guarantees''.
    ? Mail: Addressed to Richard Annan, Director, Program
Development and Regulatory Analysis, Rural Utilities Service, U.S.
Department of Agriculture, 1400 Independence Avenue, SW., STOP 1522,
Washington, DC 20250-1522.
    ? Hand Delivery/Courier: Addressed to Richard Annan,
Director, Program Development and Regulatory Analysis, Rural Utilities
Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW.,
Room 5168 South Building, Washington, DC 20250-1522.
    Instructions: All submissions received must include that agency
name and the subject heading ``Broadband Loans and Loan Guarantees''.
All comments received must identify the name of the individual (and the
name of the entity, if applicable) who is submitting the comment. All
comments received will be posted without change to 
http://www.usda.gov/rus/index2/Comments.htm, Exit Disclaimer including any 
personal information provided.

FOR FURTHER INFORMATION CONTACT: Jonathan Claffey, Acting Assistant
Administrator, Telecommunications Program, Rural Utilities Service,
U.S. Department of Agriculture, 1400 Independence Avenue, SW., STOP
1590, Room 4056, Washington, DC 20250-1590. Telephone number (202) 720-
9554, Facsimile (202) 720-0810.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This proposed rule has been determined to be not significant for
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget (OMB).

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. RUS has determined that this rule meets the applicable
standards provided in section 3 of that 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 the rule
and, in accordance with section 212(e) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. 6912(e)), administrative appeal
procedures must be exhausted before an action against the Department or
its agencies may be initiated.

Regulatory Flexibility Act Certification

    RUS certifies that this rule will not have significant economic
impact on a substantial number of small entities, as defined in the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The RUS broadband
program provides loans to borrowers at interest rates and terms that
are more favorable than those generally available from the private
sector. RUS borrowers, as a result of obtaining Federal financing,
receive economic benefits that exceed any direct cost associated with
complying with RUS regulations and requirements.

Information Collection and Recordkeeping Requirements

    The reporting and recordkeeping requirements contained in the rule
has been approved by the Office of Management and Budget (OMB) under
OMB Control Number 0572-0130, pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. chapter 35).

Catalog of Federal Domestic Assistance

    The program described by this rule is listed in the Catalog of
Federal Domestic Assistance Programs under No. 10.851, Rural Telephone
Loans and Loan Guarantees; No. 10.852, Rural Telephone Bank Loans; and
No. 10.857, Rural Broadband Access Loans and Loan Guarantees. This
catalog is available on a subscription basis from the Superintendent of
Documents, the United States Government Printing Office, Washington, DC
20402. Telephone: (202) 512-1800.

Executive Order 12372

    This rule is excluded from the scope of Executive Order 12372,
Intergovernmental Consultation, which may require consultation with
State and local officials. See the final rule related notice entitled
``Department Programs and Activities Excluded from Executive Order
12372,'' (50 FR 47034).

Executive Order 13132, Federalism

    The policies contained in this rule do not have any substantial
direct effect on States, on the relationship between the National
Government and the States, or

[[Page 16931]]

on the distribution of power and responsibilities among the various
levels of government. Nor does this rule impose substantial direct
compliance costs on State and local governments. Therefore,
consultation with States is not required.

Unfunded Mandates

    This rule contains no Federal mandates (under the regulatory
provision of Title II of the Unfunded Mandate Reform Act of 1995) for
State, local, and tribal governments or the private sector. Thus, this
rule is not subject to the requirements of sections 202 and 205 of the
Unfunded Mandate Reform Act of 1995.

National Environmental Policy Act Certification

    The Administrator of RUS has determined that this proposed rule
will not significantly affect the quality of the human environment as
defined by the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). Therefore, this action does not require an environmental
impact statement or assessment.

Background

    The Rural Utilities Service (RUS) published in the Federal Register
on January 30, 2003, at 68 FR 4684, a final rule amending its
regulations in order to establish the Rural Broadband Access Loan and
Loan Guarantee Program as authorized by the Farm Security and Rural
Investment Act of 2002 (Pub. L. 101-171) (2002 Act). Section 6103 of
the Farm Security and Rural Investment Act of 2002 amended the Rural
Electrification Act of 1936, as amended (RE Act), to add Title VI,
Rural Broadband Access, to provide loans and loan guarantees to fund
the cost of construction, improvement, or acquisition of facilities and
equipment for the provision of broadband service in eligible rural
communities.
    This rule amends Sec.  1738.2, Definitions, to conform the rule to
substantive changes in authority. The definition for ``eligible rural
community'' in section 601(b)(2) of the Rural Electrification Act of
1936 (7 U.S.C. 950bb(b)(2)) was amended on January 23, 2004, by section
772 of Public Law 108-199, of the Consolidated Appropriations Act, 2004
to eliminate the requirement that a community exist outside a standard
metropolitan statistical area. This rule incorporates the language of
the revised statute and explains RUS' interpretation of the language.

List of Subjects in 7 CFR Part 1738

    Broadband, Loan programs--communications, Rural areas, Telephone,
Telecommunications.

? For reasons set for in the preamble, chapter XVII of title 7 of the
Code of Federal Regulations is amended to read as follows:

PART 1738--RURAL BROADBAND ACCESS LOANS AND LOAN GUARANTEES

? 1. The authority citation for part 1738 continues to read as follows:

    Authority: Public Law 107-171, 7 U.S.C. 901 et seq.

? 2. Amend Sec.  1738.2 to revise the definition to ``Eligible rural
community'' to read as follows:

Sec.  1738.2  Definitions.

* * * * *
    Eligible rural community is defined in the RE Act as any area of
the United States that is not contained in an incorporated city or town
with a population in excess of 20,000 inhabitants. For purposes of this
part, RUS interprets:
    (1) ``United States'' to include its territories and insular
possessions (including the Federated States of Micronesia, the Republic
of the Marshall Islands, and the Republic of Palau);
    (2) ``Area'' to mean any identifiable place that has no more than
20,000 inhabitants based on the most recent available information of
the Bureau of the Census; and
    (3) ``An incorporated city or town with a population in excess of
20,000 inhabitants'' to mean any incorporated city or town with a
population in excess of 20,000 inhabitants based on the most recent
available information of the Bureau of the Census.
* * * * *

    Dated: March 28, 2005.
Curtis M. Anderson,
Acting Administrator, Rural Utilities Service.
[FR Doc. 05-6537 Filed 4-1-05; 8:45 am]
BILLING CODE 3410-15-P

 
 

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