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Rules and Regulations Federal Register Vol 57077 Rules and Regulations Federal Register Vol. 85, No. 179 Tuesday, September 15, 2020 This section of the FEDERAL REGISTER recipients of a loan, grant, or loan Development, United States Department contains regulatory documents having general guarantee from RD to use up to 10 of Agriculture, 400 Independence applicability and legal effect, most of which percent of the amount provided to Avenue SW, Washington, DC 20250; are keyed to and codified in the Code of construct broadband infrastructure in Telephone: (202) 690.1078; Email: Federal Regulations, which is published under areas not served by minimum [email protected]. 50 titles pursuant to 44 U.S.C. 1510. acceptable level of broadband service. SUPPLEMENTARY INFORMATION: This rule describes the procedures by The Code of Federal Regulations is sold by Executive Summary the Superintendent of Documents. which these agencies will consider projects eligible for special broadband Background authority. DEPARTMENT OF AGRICULTURE Rural Development (RD) is a mission DATES: Effective date: September 15, area within the United States Rural Utilities Service 2020. Department of Agriculture (USDA) Comment date: This rule is being comprised of the Rural Utilities Service 7 CFR Parts 1710, 1779, 1780 and 1783 issued to allow for immediate (RUS), Rural Housing Service (RHS) and implementation of this program. Rural Business-Cooperative Service Rural Housing Service Although this final rule is effective (RBCS). RD’s mission is to increase immediately, comments are solicited economic opportunity and improve the from interested members of the public Rural Business-Cooperative Service, quality of life for all rural Americans. on all aspects of the rule. These RD meets its mission by providing comments must be submitted Rural Utilities Service loans, loan guarantees, grants, and electronically and received on or before technical assistance through more than November 16, 2020. Rural Development Farm Service Agency 40 programs aimed at creating and will consider these comments and the improving housing, businesses, and need for making any revisions as a 7 CFR Parts 1942 and 1980 infrastructure throughout rural America. result of these comments. Part of rebuilding America’s ADDRESSES: Rural Housing Service Comments may be infrastructure is investing in rural submitted on this rule using the broadband. Access to broadband has 7 CFR Part 3570 following method: become essential for the social and • Electronically using the Federal economic benefits it provides to eRulemaking Portal: Go to https:// Rural Business-Cooperative Service American residents, businesses, www.regulations.gov and, in the governments and communities. ‘‘Search Documents’’ box, enter the Rural Utilities Service Broadband is crucial for increased RUS–20–TELECOM–0022 or the RIN health, educational and economic No. 0572–AC50, and click the ‘‘Search’’ 7 CFR Parts 4274, 4279, and 4280 opportunities, as well as for job and button. To submit a comment, choose business creation and growth. [Docket Numbers: RUS–20–TELECOM– the ‘‘Comment Now!’’ button. Broadband can help close the digital 0022] Information on using Regulations.gov, divide between rural and urban including instructions for accessing communities. RD provides a variety of RIN 0572–AC50 documents, submitting comments, and loans and grants to build broadband viewing the docket after the close of the Special Authority To Enable Funding networks and deliver service to rural comment period, is available under the of Broadband and Smart Utility households and businesses, provide ‘‘Help’’ tab at the top of the Home page. Facilities Across Select Rural capital for rural telecommunications In the Docket ID column, select RUS– Development Programs companies and broadband providers. 20–TELECOM–0022 to submit or view On December 20, 2018, Congress AGENCY: Rural Utilities Service, Rural public comments and to view passed The Agricultural Improvement Housing Service, Rural Business- supporting and related materials Act of 2018 (2018 Farm Bill) (Pub. L. Cooperative Service, USDA. available electronically. Information on 115–334). In addition to sweeping ACTION: Final rule; request for using Regulations.gov, including changes in broadband program comments. instructions for accessing documents, authorities, Congress provided for submitting comments, and viewing the special use of funding from other RD SUMMARY: The Rural Utilities Service, docket after the close of the comment programs for broadband deployment in Rural Business-Cooperative Service, and period, is available through the site’s Section 6210, ‘‘Smart Utility Authority Rural Housing Service, agencies that ‘‘User Tips’’ link. for Broadband.’’ The provision granted comprise the Rural Development • Other Information: Additional the Secretary of Agriculture the Mission Area within the United States information about Rural Development discretion to allow recipients of grants, Department of Agriculture, are issuing and its programs is available on the loans, or loan guarantees under RD this final rule to establish the authority internet at http://www.rd.usda.gov. programs to use not more than 10 authorized by Section 6210 of the FOR FURTHER INFORMATION CONTACT: For percent of such funding to finance Agriculture Improvement Act of 2018, inquiries directly related to this broadband infrastructure in areas not which will assist rural families and rulemaking, contact Michele Brooks, served by the minimum acceptable level small businesses in gaining access to Director, Regulations Management of broadband service, as defined in this broadband service by permitting Division, Innovation Center, Rural part, and which will not result in VerDate Sep<11>2014 16:15 Sep 14, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\15SER1.SGM 15SER1 jbell on DSKJLSW7X2PROD with RULES 57078 Federal Register / Vol. 85, No. 179 / Tuesday, September 15, 2020 / Rules and Regulations competitive harm to a current RD loan, Rural Development Program Cross- Agency will authorize grant funds on a grant, or loan guarantee. While Section References graduated basis. Eligible applicants 6210 only imposes the competitive This rulemaking includes modifying located in smaller communities with harm restriction with respect to RUS each of the individual program lower populations and lower median loan, grant, and loan guarantee regulations to include a cross-reference household incomes may receive a recipients, RD has determined to apply to the new 7 CFR part 1980, subpart M. higher percentage of grant funds. the restriction RD-wide, consistent with These cross-references allow the 7 CFR Part 3575, Subpart A— the statutory guidance on conflicts and Agencies to establish the necessary Community Programs Guaranteed duplications of awards provided in 7 requirements in each of the included Loans. This program provides loan U.S.C. 2204b(d)(2). programs so that the Agencies can guarantees to eligible private lenders to Rural community leaders, businesses successfully carry out the purposes of help build essential community and utilities must consider broadband sec. 6210 of the 2018 Farm Bill. The facilities in rural areas. availability and uses as they plan for, following paragraphs provide a brief 7 CFR Part 4274, Subpart D— and implement, new and improved description of the included programs. Intermediary Relending Program (IRP). facilities and services to support 7 CFR Part 1710—General and Pre- This program provides 1 percent low- community and economic development. Loan Policies and Procedures Common interest loans to local lenders or While integration of communications To Electric Loans and Guarantees. The ‘‘intermediaries’’ that re-lend to technology into a planned investment Electric Program makes loans and loan businesses to improve economic can be used for internal purposes, it can guarantees to finance the construction of conditions and create jobs in rural also serve as a catalyst to rural electric distribution, transmission, and communities. broadband deployment efforts. For generation facilities, including system 7 CFR Part 4279, Subpart B—Business example, investment in health care, improvements to improve electric and Industry Loans. The Business and public safety and businesses can be service in rural areas, as well as demand Industry Guaranteed Loan Program enhanced or leveraged to expand the side management, smart grid, energy bolsters the availability of private credit availability and utilization of advanced efficiency and conservation programs, by guaranteeing loans for rural broadband in rural areas. Smart and on-grid and off-grid renewable businesses. highways can facilitate vehicle to energy systems. 7 CFR Part 4279, Subpart C— infrastructure communications to 7 CFR Part 1779—Water and Waste Biorefinery, Renewable Chemical, and enhance driver safety; smart water Disposal Programs Guaranteed Loans. Biobased Product Manufacturing systems can remotely detect This program provides guaranteed loans Assistance Loans. This program, also contaminants before they pose a health to assist private lenders to provide known as the Section 9003 Program, risk; smart pipelines can report leaks affordable financing to qualified provides loan guarantees to assist in the and structural weaknesses before they borrowers to improve access to clean, development of advanced biofuels, become dangerous; and smart grid reliable water and waste disposal renewable chemicals, and biobased systems deliver enhanced security and systems for households and businesses
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