Implementation of Telecommunications Provisions of the Agricultural Improvement Act of 2018, 15031-15032 [2022-05496]
Download as PDF
<![CDATA[
15031
Rules and Regulations
Federal Register
Vol. 87, No. 52
Thursday, March 17, 2022
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket Number RUS–20–TELECOM–0044]
7 CFR Parts 1735 and 1737
RIN 0572–AC48
Implementation of
Telecommunications Provisions of the
Agricultural Improvement Act of 2018
Rural Utilities Service, USDA.
Final rule; confirmation.
AGENCY:
ACTION:
The Rural Utilities Service, a
Rural Development agency of the United
States Department of Agriculture
(USDA), hereinafter referred to as
‘‘RUS’’ or ‘‘the Agency,’’ published in
the Federal Register on September 10,
2021, a final rule with request for
comments. This document presents the
opportunity for the Agency to provide
its responses to the public comments
received on the final rule and to confirm
the final rule as published.
DATES: March 17, 2022.
FOR FURTHER INFORMATION CONTACT:
Laurel Leverrier, Assistant
Administrator, Telecommunications
Program, Rural Utilities Service, U.S.
Department of Agriculture, email:
laurel.leverrier@usda.gov, telephone
(202) 720–9556.
SUPPLEMENTARY INFORMATION: The RUS
published a final rule with request for
comments in the Federal Register on
September 10, 2021 at 86 FR 50604. The
final rule modified existing regulations
to implement statutory provisions of the
Agriculture Improvement Act of 2018
(2018 Farm Bill).
The comment period on the final rule
closed November 9, 2021. Comments
were received from five respondents.
The comments provided and Agency
responses are as follows:
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
Respondent One
Respondent one is an individual that
offered general comments on the
VerDate Sep<11>2014
16:41 Mar 16, 2022
Jkt 256001
importance of connectivity and how it
can benefit rural areas and farmers.
Agency Response: Thank you for your
comment.
Respondent Two
Respondent two is a small company
located in Kansas that started up
specifically to offer broadband service
with a grant through a COVID–19
response program. The company had to
take on additional debt in order to
expand their service and have provided
general comments on their experience
with providing service to a small area
and the challenges they continue to
face. They ‘‘would like to see
refinancing limits to 100 percent loans
and 50 percent for non-RUS loans.’’
They express the need for easier access
to capital for network upgrades.
Agency Response: Thank you for your
comment.
Respondent Three
Respondent three is an organization
that represents its member
telecommunications companies and
advocates on their behalf. They
provided a general discussion on the
changes made to the regulation and
offered the following: ‘‘The proposed
rules for implementing the changes to
the Rural Telephone Loan Program
represent a good faith and commendable
effort to carry out the will of Congress
expressed in the 2018 Farm Bill, and
USDA has the benefit of decades of
experience (and countless success
stories) at RUS in supporting rural
telecom and coordinating with other
federal programs. As RUS begins
administering the revamped program,
however, it will be important to
recommit to such efforts, including
identifying where providers are
receiving USF or other program support
to deploy to at least the RUS broadband
standard, and limiting future USDA
awards in those areas to the recipients
of support or funding from these other
programs instead of duplicating the
existing network and putting scarce
federal resources at risk.’’
As part of their concern for
identifying where existing providers are
located, they recommended adding to
§ 1735.12 on nonduplication ‘‘that such
loan will not results in duplication of
lines, facilities, or systems that are
obligated to be built in the area in
question to provide reasonably adequate
services under other programs
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
administered by the Agency or any
other federal Agency.’’
Agency Response: The Agency
supports the respondent’s comment and
the Agency meets with other federal
agencies that support the deployment of
broadband facilities on a regular basis.
We appreciate your suggestion and will
keep it under consideration for a future
change to the regulation. As the Agency
works with our other federal partners,
we will develop an overall strategy that
ensures the most efficient use of all
federal dollars allocated to providing
broadband service.
Respondent Four
Respondent four is an existing Native
American RUS borrower that has been
in operation over 60 years. They have
outstanding loans in the
telecommunications and broadband
programs. They ‘‘strongly support the
included federal rule amendments and
urge their expeditious implementation
by the RUS.’’ In support of and relating
to these changes, the company offered a
detailed summary of their existing
operations and their hard work in
providing modern, state-of-the-art
telecommunications services to its
customers. Their broadband penetration
‘‘sits at approximately 58 percent and
while the company understands the
importance of making its broadband
services more affordable, it has been
unable to reduce its pricing given
financial, cost recovery needs. As a
small company providing broadband
and voice services over a large, remote,
and thinly populated area, the company
faces significant cost recovery
challenges.’’ In recognition of their cost
recovery and price affordability
concerns, they have been in discussions
with the Agency on extensions, revised
loan terms or full refinancing options.
As to implementation of the final rule
and issuance of the referenced funding
opportunity announcement, ‘‘the
borrower urges RUS to move swiftly in
its process, issuing the required public
notice at the earliest opportunity.
Furthermore, the company requests that
the RUS in making funds available for
refinancing establish a process for
receiving and reviewing applications
that fairly takes into account the interest
of the company and other service
providers.’’
In its summary, the borrower ‘‘urges
the RUS to sufficiently clarify within
the released Notice of Funding
E:\FR\FM\17MRR1.SGM
17MRR1
15032
Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations
Opportunity the differences in the
informational requirements, review
processes and the estimated timelines
that will apply with respect to the RUS
review of refinance applications vs.
original loan applications. Also, given
the informational requirements and
steps necessary for full review and final
action by the RUS should not be as
extensive for refinance applications, the
borrower encourages the RUS to
implement a timeline for its acceptance
and review of refinance applications
that is different than, and much shorter,
that the timelines will be established for
the submittal, review and action on
applications for new infrastructure
loans.’’
Agency response: The Agency is in
the final phase of the funding
announcement to open the
Infrastructure Program to the new
refinancing opportunities. The funding
announcement will include the
requirements that need to be satisfied to
receive the refinancing. Applications
will be processed as soon as they are
submitted.
khammond on DSKJM1Z7X2PROD with RULES
Respondent Five
16:41 Mar 16, 2022
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2022–05496 Filed 3–16–22; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
[Docket No. FAA–2020–1088]
Airworthiness Criteria: Special Class
Airworthiness Criteria for the
TELEGRID Technologies, Inc.
TELEGRID DE2020 Unmanned Aircraft
Federal Aviation
Administration (FAA), DOT.
ACTION: Issuance of final airworthiness
criteria.
AGENCY:
The FAA announces the
special class airworthiness criteria for
the TELEGRID Technologies, Inc. Model
TELEGRID DE2020 unmanned aircraft
(UA). This document sets forth the
airworthiness criteria the FAA finds to
be appropriate and applicable for the
UA design.
DATES: These airworthiness criteria are
effective April 18, 2022.
FOR FURTHER INFORMATION CONTACT:
Christopher J. Richards, Emerging
Aircraft Strategic Policy Section, AIR–
618, Strategic Policy Management
Branch, Policy and Innovation Division,
Aircraft Certification Service, Federal
Aviation Administration, 6020 28th
Avenue South, Room 103, Minneapolis,
MN 55450, telephone (612) 253–4559.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Respondent five is a national trade
association that represents small, rural
telecommunications providers across
rural America. Many of the rural
location exchange carriers they
represent have a long-standing
relationship with the Agency going back
more than 75 years. The respondent
‘‘supports RUS’ efforts that streamline
the Loan Program and eliminate
unnecessary requirements so that the
Program operates more efficiently. In
addition, the respondent supports some
of the more substantive changes made to
the Loan Program rules. Specifically,
creating a minimum retail broadband
service speed standard of 25/3 Mbps
will help ensure rural areas are not left
behind more populated areas when it
comes to broadband service. In addition,
broader loan restructuring and
refinancing authority will allow RUS
borrowers to take advantage of better
interest rates. Finally, the creation of a
public notice requirement for loan
applications will help ensure funds are
not used to duplicate existing networks;
however, RUS should strengthen this
provision by directly contacting
incumbent service providers to let them
know of a submitted application.’’
Agency response: The Agency
believes that the public notice
requirements, set out by statute,
sufficiently put incumbent service
providers on notice that an application
has been submitted under any program
at USDA for retail broadband assistance.
VerDate Sep<11>2014
The Agency did not receive any
significant adverse comments during the
public comment period on the final
rule, and therefore confirms the rule
without change.
Jkt 256001
Background
TELEGRID Technologies, Inc.
(TELEGRID) applied to the FAA on
February 24, 2020, for a special class
type certificate under Title 14, Code of
Federal Regulations (14 CFR) 21.17(b)
for the Model TELEGRID DE2020
unmanned aircraft system (UAS).
The Model TELEGRID DE2020
consists of a rotorcraft UA and its
associated elements (AE) including
communication links and components
that control the UA. The Model
TELEGRID DE2020 UA has a maximum
gross takeoff weight of 24 pounds. It is
approximately 39 inches in width, 39
inches in length, and 17 inches in
height. The Model TELEGRID DE2020
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
UA uses battery-powered electric
motors for vertical takeoff, landing, and
forward flight. The UAS operations
would rely on high levels of automation
and may include multiple UA operated
by a single pilot, up to a ratio of 20 UA
to 1 pilot. TELEGRID anticipates
operators will use the Model TELEGRID
DE2020 for delivering packages. The
proposed concept of operations
(CONOPS) for the Model TELEGRID
DE2020 identifies a maximum operating
altitude of 400 feet above ground level
(AGL), a maximum cruise speed of 22
knots (25 mph), operations beyond
visual line of sight (BVLOS) of the pilot,
and operations over human beings.
TELEGRID has not requested type
certification for flight into known icing
for the Model TELEGRID DE2020.
The FAA issued a notice of proposed
airworthiness criteria for the TELEGRID
DE2020 UAS, which published in the
Federal Register on November 20, 2020
(85 FR 74289).
Summary of Changes From the
Proposed Airworthiness Criteria
Based on the comments received,
these final airworthiness criteria reflect
the following changes, as explained in
more detail under Discussion of
Comments: A new section containing
definitions; revisions to the CONOPS
requirement; changing the term ‘‘critical
part’’ to ‘‘flight essential part’’ in
D&R.135; changing the basis of the
durability and reliability testing from
population density to limitations
prescribed for the operating
environment identified in the
applicant’s CONOPS per D&R.001; and,
for the demonstration of certain
required capabilities and functions as
required by D&R.310.
Additionally, the FAA re-evaluated its
approach to type certification of lowrisk UA using durability and reliability
testing. Safe UAS operations depend
and rely on both the UA and the AE. As
explained in FAA Memorandum
AIR600–21–AIR–600–PM01, dated July
13, 2021, the FAA has revised the
airworthiness criteria to define a
boundary between the UA type
certification and subsequent operational
evaluations and approval processes for
the UAS (i.e., waivers, exemptions, and/
or operating certificates).
To reflect that these airworthiness
criteria rely on durability and reliability
(D&R) testing for certification, the FAA
changed the prefix of each section from
‘‘UAS’’ to ‘‘D&R.’’
Lastly, the FAA revised D&R.001(g) to
clarify that the operational parameters
listed in that paragraph are examples
and not an all-inclusive list.
E:\FR\FM\17MRR1.SGM
17MRR1
]]>Agencies
[Federal Register Volume 87, Number 52 (Thursday, March 17, 2022)]
[Rules and Regulations]
[Pages 15031-15032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05496]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules
and Regulations
[[Page 15031]]
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
[Docket Number RUS-20-TELECOM-0044]
7 CFR Parts 1735 and 1737
RIN 0572-AC48
Implementation of Telecommunications Provisions of the
Agricultural Improvement Act of 2018
AGENCY: Rural Utilities Service, USDA.
ACTION: Final rule; confirmation.
-----------------------------------------------------------------------
SUMMARY: The Rural Utilities Service, a Rural Development agency of the
United States Department of Agriculture (USDA), hereinafter referred to
as ``RUS'' or ``the Agency,'' published in the Federal Register on
September 10, 2021, a final rule with request for comments. This
document presents the opportunity for the Agency to provide its
responses to the public comments received on the final rule and to
confirm the final rule as published.
DATES: March 17, 2022.
FOR FURTHER INFORMATION CONTACT: Laurel Leverrier, Assistant
Administrator, Telecommunications Program, Rural Utilities Service,
U.S. Department of Agriculture, email: [email protected],
telephone (202) 720-9556.
SUPPLEMENTARY INFORMATION: The RUS published a final rule with request
for comments in the Federal Register on September 10, 2021 at 86 FR
50604. The final rule modified existing regulations to implement
statutory provisions of the Agriculture Improvement Act of 2018 (2018
Farm Bill).
The comment period on the final rule closed November 9, 2021.
Comments were received from five respondents. The comments provided and
Agency responses are as follows:
Respondent One
Respondent one is an individual that offered general comments on
the importance of connectivity and how it can benefit rural areas and
farmers.
Agency Response: Thank you for your comment.
Respondent Two
Respondent two is a small company located in Kansas that started up
specifically to offer broadband service with a grant through a COVID-19
response program. The company had to take on additional debt in order
to expand their service and have provided general comments on their
experience with providing service to a small area and the challenges
they continue to face. They ``would like to see refinancing limits to
100 percent loans and 50 percent for non-RUS loans.'' They express the
need for easier access to capital for network upgrades.
Agency Response: Thank you for your comment.
Respondent Three
Respondent three is an organization that represents its member
telecommunications companies and advocates on their behalf. They
provided a general discussion on the changes made to the regulation and
offered the following: ``The proposed rules for implementing the
changes to the Rural Telephone Loan Program represent a good faith and
commendable effort to carry out the will of Congress expressed in the
2018 Farm Bill, and USDA has the benefit of decades of experience (and
countless success stories) at RUS in supporting rural telecom and
coordinating with other federal programs. As RUS begins administering
the revamped program, however, it will be important to recommit to such
efforts, including identifying where providers are receiving USF or
other program support to deploy to at least the RUS broadband standard,
and limiting future USDA awards in those areas to the recipients of
support or funding from these other programs instead of duplicating the
existing network and putting scarce federal resources at risk.''
As part of their concern for identifying where existing providers
are located, they recommended adding to Sec. 1735.12 on nonduplication
``that such loan will not results in duplication of lines, facilities,
or systems that are obligated to be built in the area in question to
provide reasonably adequate services under other programs administered
by the Agency or any other federal Agency.''
Agency Response: The Agency supports the respondent's comment and
the Agency meets with other federal agencies that support the
deployment of broadband facilities on a regular basis. We appreciate
your suggestion and will keep it under consideration for a future
change to the regulation. As the Agency works with our other federal
partners, we will develop an overall strategy that ensures the most
efficient use of all federal dollars allocated to providing broadband
service.
Respondent Four
Respondent four is an existing Native American RUS borrower that
has been in operation over 60 years. They have outstanding loans in the
telecommunications and broadband programs. They ``strongly support the
included federal rule amendments and urge their expeditious
implementation by the RUS.'' In support of and relating to these
changes, the company offered a detailed summary of their existing
operations and their hard work in providing modern, state-of-the-art
telecommunications services to its customers. Their broadband
penetration ``sits at approximately 58 percent and while the company
understands the importance of making its broadband services more
affordable, it has been unable to reduce its pricing given financial,
cost recovery needs. As a small company providing broadband and voice
services over a large, remote, and thinly populated area, the company
faces significant cost recovery challenges.'' In recognition of their
cost recovery and price affordability concerns, they have been in
discussions with the Agency on extensions, revised loan terms or full
refinancing options.
As to implementation of the final rule and issuance of the
referenced funding opportunity announcement, ``the borrower urges RUS
to move swiftly in its process, issuing the required public notice at
the earliest opportunity. Furthermore, the company requests that the
RUS in making funds available for refinancing establish a process for
receiving and reviewing applications that fairly takes into account the
interest of the company and other service providers.''
In its summary, the borrower ``urges the RUS to sufficiently
clarify within the released Notice of Funding
[[Page 15032]]
Opportunity the differences in the informational requirements, review
processes and the estimated timelines that will apply with respect to
the RUS review of refinance applications vs. original loan
applications. Also, given the informational requirements and steps
necessary for full review and final action by the RUS should not be as
extensive for refinance applications, the borrower encourages the RUS
to implement a timeline for its acceptance and review of refinance
applications that is different than, and much shorter, that the
timelines will be established for the submittal, review and action on
applications for new infrastructure loans.''
Agency response: The Agency is in the final phase of the funding
announcement to open the Infrastructure Program to the new refinancing
opportunities. The funding announcement will include the requirements
that need to be satisfied to receive the refinancing. Applications will
be processed as soon as they are submitted.
Respondent Five
Respondent five is a national trade association that represents
small, rural telecommunications providers across rural America. Many of
the rural location exchange carriers they represent have a long-
standing relationship with the Agency going back more than 75 years.
The respondent ``supports RUS' efforts that streamline the Loan Program
and eliminate unnecessary requirements so that the Program operates
more efficiently. In addition, the respondent supports some of the more
substantive changes made to the Loan Program rules. Specifically,
creating a minimum retail broadband service speed standard of 25/3 Mbps
will help ensure rural areas are not left behind more populated areas
when it comes to broadband service. In addition, broader loan
restructuring and refinancing authority will allow RUS borrowers to
take advantage of better interest rates. Finally, the creation of a
public notice requirement for loan applications will help ensure funds
are not used to duplicate existing networks; however, RUS should
strengthen this provision by directly contacting incumbent service
providers to let them know of a submitted application.''
Agency response: The Agency believes that the public notice
requirements, set out by statute, sufficiently put incumbent service
providers on notice that an application has been submitted under any
program at USDA for retail broadband assistance.
The Agency did not receive any significant adverse comments during
the public comment period on the final rule, and therefore confirms the
rule without change.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2022-05496 Filed 3-16-22; 8:45 am]
BILLING CODE 3410-15-P
