80_FR_59270 80 FR 59080 - New Equipment Contract for Telecommunications and Broadband Borrowers

80 FR 59080 - New Equipment Contract for Telecommunications and Broadband Borrowers

DEPARTMENT OF AGRICULTURE
Rural Utilities Service

Federal Register Volume 80, Issue 190 (October 1, 2015)

Page Range59080-59081
FR Document2015-25045

The Rural Utilities Service (RUS), a Rural Development agency of the United States Department of Agriculture (USDA), is requesting public comments on streamlining the Agency's contractual process for equipment procurement by replacing type-specific Equipment Contracts, RUS Forms 397, 398, 525, 545, and the associated documents (Forms 231, 396, 396a, 397b, 397c, 397d, 397f, 397g, 397h, 517, 525a, 744, 752a, 754, and addenda) with a new, unified Equipment Contract, RUS Form 395 and the associated close-out documents (Forms 395a, 395b, 395c and 395d).

Federal Register, Volume 80 Issue 190 (Thursday, October 1, 2015)
[Federal Register Volume 80, Number 190 (Thursday, October 1, 2015)]
[Proposed Rules]
[Pages 59080-59081]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-25045]


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DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Parts 1753 and 1755

RIN 0572-AC29


New Equipment Contract for Telecommunications and Broadband 
Borrowers

AGENCY: Rural Utilities Service, USDA.

ACTION: Request for comments.

-----------------------------------------------------------------------

SUMMARY: The Rural Utilities Service (RUS), a Rural Development agency 
of the United States Department of Agriculture (USDA), is requesting 
public comments on streamlining the Agency's contractual process for 
equipment procurement by replacing type-specific Equipment Contracts, 
RUS Forms 397, 398, 525, 545, and the associated documents (Forms 231, 
396, 396a, 397b, 397c, 397d, 397f, 397g, 397h, 517, 525a, 744, 752a, 
754, and addenda) with a new, unified Equipment Contract, RUS Form 395 
and the associated close-out documents (Forms 395a, 395b, 395c and 
395d).

DATES: Comments, electronic and/or paper, must be received by November 
30, 2015 to be assured consideration. Late comments will not be 
considered.

ADDRESSES: Comments may be submitted by one of the following methods:
     Federal Rulemaking Portal at http://www.regulations.gov. 
Follow the on-line instructions for submitting comments on this final 
rule with request or comments.
     Postal Mail/Commercial Delivery: Please send your comments 
addressed to Thomas P. Dickson, Acting Director, Program Development 
and Regulatory Analysis, Rural Utilities Service, U.S. Department of 
Agriculture, 1400 Independence Avenue, STOP 1522, Room 5164, 
Washington, DC 20250-1522.
    All comments submitted in response to this document will be 
included in the record and will be made available to the public. RUS 
will make the comments publicly available online at: http://www.regulations.gov. Additional

[[Page 59081]]

information about Rural Development and its programs is available on 
the Internet at http://www.rd.usda.gov.
    How to Obtain a Copy: To obtain a copy of the proposed new RUS Form 
395, Equipment Contract, use one of the following methods:
     Internet at the following Web site: http://www.rd.usda.gov/files/UTP_form_395.pdf.
     Email/Postal: By contacting the individual listed in the 
FOR FURTHER INFORMATION CONTACT section of this document.

FOR FURTHER INFORMATION CONTACT: Aylene Mafnas, Chief, Engineering 
Branch, Policy and Outreach Division, Rural Utilities Service, 
Telecommunications Program, U.S. Department of Agriculture, STOP 1599, 
1400 Independence Ave. SW., Washington, DC 20250-1550, Telephone 
number: (202) 690-4673.

SUPPLEMENTARY INFORMATION: 

Background

    Rural Development is a mission area within the U.S. Department of 
Agriculture comprising the Rural Utilities Service, Rural Housing 
Service and Rural Business/Cooperative Service. Rural Development's 
mission is to increase economic opportunity and improve the quality of 
life for all rural Americans. Rural Development meets its mission by 
providing loans, loan guarantees, grants and technical assistance 
through more than 40 programs aimed at creating and improving housing, 
businesses and infrastructure throughout rural America.
    The Rural Utilities Service (RUS) loan, loan guarantee and grant 
programs act as a catalyst for economic and community development. By 
financing improvements to rural electric, water and waste, and telecom 
and broadband infrastructure, RUS also plays a big role in improving 
other measures of quality of life in rural America, including public 
health and safety, environmental protection, conservation and cultural 
and historic preservation.
    In order to continue to facilitate the programmatic interest of the 
Rural Electrification Act of 1936 (the ``RE Act''), as amended (7 
U.S.C. 901 et seq.), that loans and loans guaranteed by RUS are 
adequately secured, RUS has established the use of certain standardized 
forms for materials, equipment, and construction of electric and 
telecommunications systems. The use of standard forms, construction 
contracts, and procurement procedures help to assure that appropriate 
standards and specifications are maintained by the borrower in order to 
not adversely affect RUS's loan security, and ensure that loan and loan 
guarantee funds are effectively used for the intended purpose(s).
    RUS may, from time to time, promulgate new contract forms or revise 
or eliminate existing contract forms. In so doing, RUS is required by 7 
CFR 1755.29, to publish a notice of rulemaking in the Federal Register 
announcing, as appropriate, a revision in, or a proposal to amend Sec.  
1755.30(c), List of telecommunications standard contract forms. On 
February 12, 2014, RUS published a proposed rule in the Federal 
Register, (79 FR 8327) to establish a New Equipment Contract and 
associated Policies for Telecommunications and Broadband Borrowers, RUS 
Form 395 under 7 CFR parts 1753 and 1755. RUS Form 395, reflects 
present business and RUS practices, as well as changes in technology, 
services and equipment. It has come to the attention of the Agency that 
the proposed rule published in the Federal Register was not clear on 
how or where to obtain a copy of the proposed new Equipment Contract, 
RUS Form 395. RUS is issuing this Request for comments to provide an 
opportunity for interested persons to obtain a copy of the new RUS Form 
395 for their review and comment. The information collection and 
recordkeeping requirements associated with the new RUS Form 395 and its 
associated forms were submitted to OMB on February 12, 2014 and filed 
with comment.
    The purpose of this undertaking is to improve the customer service 
provided by RUS's rural telecommunications and broadband borrowers. 
Changes in competition, legislation, technologies, and regulation have 
resulted in changes to business practices in the communications 
industry. In response to these changes RUS has undertaken a 
comprehensive review of its Telecommunications and Broadband Programs' 
contracts and contracting procedures.
    The new Equipment Contract, RUS Form 395 and the associated close-
out documents (Forms 395a, 395b, 395c and 395d) will replace the 
current Equipment Specific Contracts, RUS Forms 397, 398, 525, 545, and 
the associated close-out documents (Forms 231, 396, 396a, 517, 744, 
752, 752a, and 754). The contract terms and obligations included in the 
new RUS Form 395, Equipment Contract, reflect current RUS and private 
sector industry practices, as well as changes in technology, services 
and equipment. The intent here is to streamline the contractual process 
for RUS borrowers and expedite the process of approving equipment 
procurement during RUS funded construction projects.

    Dated: July 29, 2015.
Brandon McBride,
Administrator, Rural Utilities Service.
[FR Doc. 2015-25045 Filed 9-30-15; 8:45 am]
BILLING CODE 3410-15-P



                                                59080                 Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Proposed Rules

                                                (3) ways to enhance the quality, utility,               (pounds); number of lugs; label;                      charitable organizations, but shall be
                                                and clarity of the information to be                    signature of person responsible for                   subject to the safeguard provisions
                                                collected; and (4) ways to minimize the                 loading at handling facility; recipient               contained in § 944.350.
                                                burden of the collection of information                 charity name; how many lugs received;                   Dated: September 25, 2015.
                                                on those who are to respond, including                  signature of responsible charity                      Rex A. Barnes,
                                                the use of appropriate automated,                       recipient and date received. Any such
                                                                                                                                                              Associate Administrator, Agricultural
                                                electronic, mechanical, or other                        grapes shall not be used for resale.                  Marketing Service.
                                                technological collection techniques or                  ■ 3. Amend § 925.304 by redesignating
                                                                                                                                                              [FR Doc. 2015–24801 Filed 9–30–15; 8:45 am]
                                                other forms of information technology.                  paragraphs (c), (d), (e), (f), and (g) as
                                                                                                                                                              BILLING CODE 3410–02–P
                                                   Comments should reference OMB No.                    paragraphs (d), (e), (f), (g), and (h), and
                                                0581–0189 Generic OMB Fruit Crops,                      adding a new paragraph (c) to read as
                                                and be sent to the USDA in care of the                  follows:
                                                                                                                                                              DEPARTMENT OF AGRICULTURE
                                                Docket Clerk at the address above. All
                                                                                                        § 925.304 California Desert Grape
                                                comments received will be available for                                                                       Rural Utilities Service
                                                                                                        Regulation 6.
                                                public inspection during regular
                                                business hours at the same address.                     *     *    *     *     *
                                                                                                          (c) Donation to charitable                          7 CFR Parts 1753 and 1755
                                                   All responses to this notice will be
                                                summarized and included in the request                  organizations. Handlers of grapes failing             RIN 0572–AC29
                                                for OMB approval. All comments will                     to meet the requirements of § 925.55 and
                                                                                                        paragraph (a) of this section may donate              New Equipment Contract for
                                                also become a matter of public record.
                                                                                                        such grapes to charitable organizations.              Telecommunications and Broadband
                                                   AMS is committed to compliance
                                                                                                        Any such grapes shall not be used for                 Borrowers
                                                with the E-Government Act to promote
                                                the use of the Internet and other                       resale. Handlers donating such grapes to              AGENCY:    Rural Utilities Service, USDA.
                                                information technologies, to provide                    a charitable organization shall submit a
                                                                                                        completed Food Donation Form,                         ACTION:   Request for comments.
                                                increased opportunities for citizen
                                                access to Government information and                    CDGAC Form No.8, as required in                       SUMMARY:   The Rural Utilities Service
                                                services, and for other purposes.                       § 925.160 (c), within 2 days of receipt by            (RUS), a Rural Development agency of
                                                   A 60-day comment period is provided                  the intended charity.                                 the United States Department of
                                                to allow interested persons to respond                  *     *    *     *     *                              Agriculture (USDA), is requesting
                                                to the proposal.                                                                                              public comments on streamlining the
                                                   In accordance with section 8e of the                 PART 944—FRUITS; IMPORT                               Agency’s contractual process for
                                                Act, the United States Trade                            REGULATIONS                                           equipment procurement by replacing
                                                Representative has concurred with the                   ■ 4. In § 944.350, revise paragraph (a)(1)            type-specific Equipment Contracts, RUS
                                                issuance of this rule.                                  to read as follows:                                   Forms 397, 398, 525, 545, and the
                                                                                                                                                              associated documents (Forms 231, 396,
                                                List of Subjects in 7 CFR Part 925                      § 944.350 Safeguard procedures for                    396a, 397b, 397c, 397d, 397f, 397g,
                                                  Grapes, Marketing agreements,                         avocados, grapefruit, kiwifruit, olives,              397h, 517, 525a, 744, 752a, 754, and
                                                reporting and recordkeeping                             oranges, prune variety plums (fresh                   addenda) with a new, unified
                                                                                                        prunes), and table grapes, exempt from
                                                requirements.                                                                                                 Equipment Contract, RUS Form 395 and
                                                                                                        grade, size, quality, and maturity
                                                  For the reasons set forth in the                      requirements.                                         the associated close-out documents
                                                preamble, 7 CFR part 925 is proposed to                                                                       (Forms 395a, 395b, 395c and 395d).
                                                                                                           (a) * * *
                                                be amended as follows:                                     (1) Avocados, grapefruit, kiwifruit,               DATES: Comments, electronic and/or
                                                                                                        olives, oranges, prune variety plums                  paper, must be received by November
                                                PART 925—TABLE GRAPES GROWN                                                                                   30, 2015 to be assured consideration.
                                                                                                        (fresh prunes) and table grapes for
                                                IN A DESIGNATED AREA OF                                                                                       Late comments will not be considered.
                                                                                                        consumption by charitable institutions
                                                SOUTHEASTERN CALIFORNIA                                                                                       ADDRESSES: Comments may be
                                                                                                        or distribution by relief agencies;
                                                ■ 1. The authority citation for 7 CFR                   *      *    *    *      *                             submitted by one of the following
                                                part 925 and 944 continues to read as                   ■ 5. Revise paragraphs (d) and (e) of                 methods:
                                                                                                        § 944.503 to read as follows:                           • Federal Rulemaking Portal at
                                                follows:
                                                                                                                                                              http://www.regulations.gov. Follow the
                                                    Authority: 7 U.S.C. 601–674.                        § 944.503    Table Grape Import Regulation            on-line instructions for submitting
                                                ■ 2. Amend § 925.160 by adding                          4.                                                    comments on this final rule with request
                                                paragraph (c) to read as follows:                       *      *    *     *     *                             or comments.
                                                                                                           (d) Any lot or portion thereof which                 • Postal Mail/Commercial Delivery:
                                                § 925.160    Reports.                                   fails to meet the import requirements,                Please send your comments addressed
                                                *     *     *    *     *                                and is not being imported for purposes                to Thomas P. Dickson, Acting Director,
                                                  (c) Handlers that donate grapes to                    of processing or donation to charitable               Program Development and Regulatory
                                                charitable organizations pursuant to                    organizations, prior to or after                      Analysis, Rural Utilities Service, U.S.
                                                § 925.304(c) shall submit a completed                   reconditioning may be exported or                     Department of Agriculture, 1400
                                                Food Donation Form (CDGAC Form 8)                       disposed of under the supervision of the              Independence Avenue, STOP 1522,
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                to the Committee within 2 days of                       Federal or Federal-State Inspection                   Room 5164, Washington, DC 20250–
                                                receipt by the charitable organization.                 Service with the costs of certifying the              1522.
                                                Such form shall include the following:                  disposal of said lot borne by the                       All comments submitted in response
                                                The name of the producer; the name of                   importer.                                             to this document will be included in the
                                                the handler; loading location and date;                    (e) The grade, size, quality, and                  record and will be made available to the
                                                inspection location and date; Variety(s)                maturity requirements of this section                 public. RUS will make the comments
                                                Federal State Inspection Service (FSIS)                 shall not be applicable to grapes                     publicly available online at: http://
                                                Certificate number(s); lug weight                       imported for processing or donation to                www.regulations.gov. Additional


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                                                                      Federal Register / Vol. 80, No. 190 / Thursday, October 1, 2015 / Proposed Rules                                                59081

                                                information about Rural Development                     not adversely affect RUS’s loan security,             during RUS funded construction
                                                and its programs is available on the                    and ensure that loan and loan guarantee               projects.
                                                Internet at http://www.rd.usda.gov.                     funds are effectively used for the                      Dated: July 29, 2015.
                                                  How to Obtain a Copy: To obtain a                     intended purpose(s).                                  Brandon McBride,
                                                copy of the proposed new RUS Form                          RUS may, from time to time,
                                                                                                        promulgate new contract forms or revise               Administrator, Rural Utilities Service.
                                                395, Equipment Contract, use one of the
                                                                                                        or eliminate existing contract forms. In              [FR Doc. 2015–25045 Filed 9–30–15; 8:45 am]
                                                following methods:
                                                  • Internet at the following Web site:                 so doing, RUS is required by 7 CFR                    BILLING CODE 3410–15–P

                                                http://www.rd.usda.gov/files/UTP_                       1755.29, to publish a notice of
                                                form_395.pdf.                                           rulemaking in the Federal Register
                                                  • Email/Postal: By contacting the                     announcing, as appropriate, a revision                DEPARTMENT OF TRANSPORTATION
                                                individual listed in the FOR FURTHER                    in, or a proposal to amend § 1755.30(c),
                                                INFORMATION CONTACT section of this                     List of telecommunications standard                   Federal Aviation Administration
                                                document.                                               contract forms. On February 12, 2014,
                                                                                                        RUS published a proposed rule in the                  14 CFR Part 39
                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                        Federal Register, (79 FR 8327) to                     [Docket No. FAA–2015–3585; Directorate
                                                Aylene Mafnas, Chief, Engineering
                                                                                                        establish a New Equipment Contract                    Identifier 2015–NE–22–AD]
                                                Branch, Policy and Outreach Division,
                                                                                                        and associated Policies for
                                                Rural Utilities Service,                                                                                      RIN 2120–AA64
                                                                                                        Telecommunications and Broadband
                                                Telecommunications Program, U.S.
                                                                                                        Borrowers, RUS Form 395 under 7 CFR                   Airworthiness Directives; Engine
                                                Department of Agriculture, STOP 1599,
                                                                                                        parts 1753 and 1755. RUS Form 395,                    Alliance Turbofan Engines
                                                1400 Independence Ave. SW.,
                                                                                                        reflects present business and RUS
                                                Washington, DC 20250–1550,
                                                                                                        practices, as well as changes in                      AGENCY: Federal Aviation
                                                Telephone number: (202) 690–4673.
                                                                                                        technology, services and equipment. It                Administration (FAA), DOT.
                                                SUPPLEMENTARY INFORMATION:                              has come to the attention of the Agency               ACTION: Notice of proposed rulemaking
                                                Background                                              that the proposed rule published in the               (NPRM).
                                                                                                        Federal Register was not clear on how
                                                   Rural Development is a mission area                  or where to obtain a copy of the                      SUMMARY:   We propose to adopt a new
                                                within the U.S. Department of                           proposed new Equipment Contract, RUS                  airworthiness directive (AD) for certain
                                                Agriculture comprising the Rural                        Form 395. RUS is issuing this Request                 Engine Alliance (EA) GP7270 turbofan
                                                Utilities Service, Rural Housing Service                for comments to provide an opportunity                engines. This proposed AD was
                                                and Rural Business/Cooperative Service.                 for interested persons to obtain a copy               prompted by the manufacturer
                                                Rural Development’s mission is to                       of the new RUS Form 395 for their                     informing us that the inspection and
                                                increase economic opportunity and                       review and comment. The information                   repair criteria in the maintenance
                                                improve the quality of life for all rural               collection and recordkeeping                          manual for aft bolt holes of the high-
                                                Americans. Rural Development meets                      requirements associated with the new                  pressure compressor (HPC) cone shaft
                                                its mission by providing loans, loan                    RUS Form 395 and its associated forms                 on the affected engines is incorrect. This
                                                guarantees, grants and technical                        were submitted to OMB on February 12,                 proposed AD would require inspection
                                                assistance through more than 40                         2014 and filed with comment.                          of the HPC cone shaft and repair of
                                                programs aimed at creating and                             The purpose of this undertaking is to              affected parts, if needed. We are
                                                improving housing, businesses and                       improve the customer service provided                 proposing this AD to prevent failure of
                                                infrastructure throughout rural America.                by RUS’s rural telecommunications and                 the HPC cone shaft, which could lead to
                                                   The Rural Utilities Service (RUS)                    broadband borrowers. Changes in                       uncontained engine failure and damage
                                                loan, loan guarantee and grant programs                 competition, legislation, technologies,               to the airplane.
                                                act as a catalyst for economic and                      and regulation have resulted in changes
                                                community development. By financing                                                                           DATES: We must receive comments on
                                                                                                        to business practices in the
                                                improvements to rural electric, water                                                                         this proposed AD by November 30,
                                                                                                        communications industry. In response
                                                and waste, and telecom and broadband                                                                          2015.
                                                                                                        to these changes RUS has undertaken a
                                                infrastructure, RUS also plays a big role               comprehensive review of its                           ADDRESSES:  You may send comments,
                                                in improving other measures of quality                  Telecommunications and Broadband                      using the procedures found in 14 CFR
                                                of life in rural America, including                     Programs’ contracts and contracting                   11.43 and 11.45, by any of the following
                                                public health and safety, environmental                 procedures.                                           methods:
                                                protection, conservation and cultural                      The new Equipment Contract, RUS                      • Federal eRulemaking Portal: Go to
                                                and historic preservation.                              Form 395 and the associated close-out                 http://www.regulations.gov. Follow the
                                                   In order to continue to facilitate the               documents (Forms 395a, 395b, 395c and                 instructions for submitting comments.
                                                programmatic interest of the Rural                      395d) will replace the current                          • Fax: 202–493–2251.
                                                Electrification Act of 1936 (the ‘‘RE                   Equipment Specific Contracts, RUS                       • Mail: U.S. Department of
                                                Act’’), as amended (7 U.S.C. 901 et seq.),              Forms 397, 398, 525, 545, and the                     Transportation, Docket Operations,
                                                that loans and loans guaranteed by RUS                  associated close-out documents (Forms                 M–30, West Building Ground Floor,
                                                are adequately secured, RUS has                         231, 396, 396a, 517, 744, 752, 752a, and              Room W12–140, 1200 New Jersey
                                                established the use of certain                          754). The contract terms and obligations              Avenue SE., Washington, DC 20590.
                                                                                                                                                                • Hand Delivery: Deliver to Mail
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                standardized forms for materials,                       included in the new RUS Form 395,
                                                equipment, and construction of electric                 Equipment Contract, reflect current RUS               address above between 9 a.m. and 5
                                                and telecommunications systems. The                     and private sector industry practices, as             p.m., Monday through Friday, except
                                                use of standard forms, construction                     well as changes in technology, services               Federal holidays.
                                                contracts, and procurement procedures                   and equipment. The intent here is to                    For service information identified in
                                                help to assure that appropriate                         streamline the contractual process for                this proposed AD, contact Engine
                                                standards and specifications are                        RUS borrowers and expedite the process                Alliance, 400 Main St., East Hartford,
                                                maintained by the borrower in order to                  of approving equipment procurement                    CT 06108, M/S 169–10, phone: 800–


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Document Created: 2015-12-15 08:40:20
Document Modified: 2015-12-15 08:40:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for comments.
DatesComments, electronic and/or paper, must be received by November 30, 2015 to be assured consideration. Late comments will not be considered.
ContactAylene Mafnas, Chief, Engineering Branch, Policy and Outreach Division, Rural Utilities Service, Telecommunications Program, U.S. Department of Agriculture, STOP 1599, 1400 Independence Ave. SW., Washington, DC 20250-1550, Telephone number: (202) 690-4673.
FR Citation80 FR 59080 
RIN Number0572-AC29
CFR Citation7 CFR 1753
7 CFR 1755

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