Rural Broadband Access Loans and Loan Guarantees, 16930-16931 [05-6537]
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16930
Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Rules and Regulations
expenses, associated with any
enforcement or remedial action.
(5) On the violation of the terms or
conditions of the easement or related
agreement, the easement shall remain in
force, and NRCS may require the
landowner to refund all or part of any
payments received by the landowner
under this Part, together with interest
thereon as determined appropriate by
NRCS.
(6) All the general penal statutes
relating to crimes and offenses against
the United States shall apply in the
administration of floodplain easements
acquired under this part.
§ 624.11
Waivers.
To the extent allowed by law, the
NRCS Deputy Chief for Programs may
waive any provision of these regulations
when the agency makes a written
determination that such waiver is in the
best interest of the Federal government.
Signed in Washington, DC, on March 21,
2005.
Bruce I. Knight,
Chief, Natural Resources Conservation
Service.
[FR Doc. 05–6098 Filed 4–1–05; 8:45 am]
BILLING CODE 3410–16–U
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1738
RIN 0572–AB81
Rural Broadband Access Loans and
Loan Guarantees
Rural Utilities Service, USDA.
Direct final rule.
AGENCY:
ACTION:
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.
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16:10 Apr 01, 2005
Jkt 205001
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
https://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Agency Web Site: https://
www.usda.gov/rus/index2/
Comments.htm. 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 https://
www.usda.gov/rus/index2/
Comments.htm, 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
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Fmt 4700
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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
E:\FR\FM\04APR1.SGM
04APR1
Federal Register / Vol. 70, No. 63 / Monday, April 4, 2005 / Rules and Regulations
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
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 § 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.
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Jkt 205001
List of Subjects in 7 CFR Part 1738
DEPARTMENT OF TRANSPORTATION
Broadband, Loan programs—
communications, Rural areas,
Telephone, Telecommunications.
Federal Aviation Administration
For reasons set for in the preamble,
chapter XVII of title 7 of the Code of
Federal Regulations is amended to read
as follows:
[Docket No. FAA–2004–17896; Airspace
Docket No. 04–AGL–13]
PART 1738—RURAL BROADBAND
ACCESS LOANS AND LOAN
GUARANTEES
AGENCY:
1. The authority citation for part 1738
continues to read as follows:
SUMMARY: This action modifies Class D
airspace at Grissom ARB, IN, where
Instrument Flight Rules Category E
circling procedures are being used. This
action increases the current area of the
Class D airspace.
EFFECTIVE DATE: 0901 UTC, July 7, 2005.
FOR FURTHER INFORMATION CONTACT: J.
Mark Reeves, FAA, Terminal
Operations, Central Service Office,
Operations Branch, AGL–530, Federal
Aviation Administration, 2300 East
Devon Avenue, Des Plaines, Illinois
60018, telephone (847) 294–7477.
SUPPLEMENTARY INFORMATION:
I
I
Authority: Public Law 107–171, 7 U.S.C.
901 et seq.
2. Amend § 1738.2 to revise the
definition to ‘‘Eligible rural community’’
to read as follows:
I
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.
16931
§ 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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14 CFR Part 71
Modification of Class D Airspace;
Grissom ARB, IN
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
History
On Thursday, September 23, 2004, the
FAA proposed to amend 14 CFR part 71
to modify the Class D airspace area at
Grissom, ARB, IN. The proposal was to
increase the existing radius of the Class
D airspace area to allow for IFR Category
E circling procedures.
Interested parties were invited to
participate in this rulemaking
proceeding by submitting written
comments on the proposal. One
comment was received and reviewed
prior to taking any final action this
matter. It stated objection and provided
other comments on the proposal. The
comment expressed concern that the
proposed expansion of the Class D
airspace area would create a burden on
the flying public. There were also
comments pertaining to the belief that
there is a lack of funding for training
flights, and other operational concerns
that would render the expansion as
proposed unnecessary.
In response to the comment received,
and taking into consideration the
concerns of the commenter, discussions
were held between the FAA and the
military to see if a modification could be
made to the proposed expansion. The
military, in a letter, explained the need
for the expansion as proposed due to
training and proficiency needs. They do
have the budget to support this, and
their simulators are not set up to
accomplish this. Except for a 1.1-mile
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 70, Number 63 (Monday, April 4, 2005)]
[Rules and Regulations]
[Pages 16930-16931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6537]
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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.
-----------------------------------------------------------------------
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 https://
www.regulations.gov. Follow the online instructions for submitting
comments.
Agency Web Site: https://www.usda.gov/rus/index2/
Comments.htm. 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 https://www.usda.gov/
rus/index2/Comments.htm, 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.
0
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
0
1. The authority citation for part 1738 continues to read as follows:
Authority: Public Law 107-171, 7 U.S.C. 901 et seq.
0
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