81_FR_81947 81 FR 81724 - Applications for Licensing as a Non-Leveraged Rural Business Investment Company Under the Rural Business Investment Program

81 FR 81724 - Applications for Licensing as a Non-Leveraged Rural Business Investment Company Under the Rural Business Investment Program

DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service

Federal Register Volume 81, Issue 223 (November 18, 2016)

Page Range81724-81726
FR Document2016-27731

This Notice announces the acceptance of applications from newly-formed Rural Business Investment Companies (RBICs) or new funds from existing RBICs who are interested in obtaining a licensed fund as non-leveraged RBICs under the Agency's Rural Business Investment Program (RBIP).

Federal Register, Volume 81 Issue 223 (Friday, November 18, 2016)
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Notices]
[Pages 81724-81726]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27731]


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DEPARTMENT OF AGRICULTURE

Rural Business-Cooperative Service


Applications for Licensing as a Non-Leveraged Rural Business 
Investment Company Under the Rural Business Investment Program

AGENCY: Rural Business-Cooperative Service, USDA.

ACTION: Notice.

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

SUMMARY: This Notice announces the acceptance of applications from 
newly-formed Rural Business Investment Companies (RBICs) or new funds 
from existing RBICs who are interested in obtaining a licensed fund as 
non-leveraged RBICs under the Agency's Rural Business Investment 
Program (RBIP).

DATES: The Agency began accepting applications for non-leveraged status 
on August 6, 2012, and will continue to accept applications for non-
leveraged status on a continuous basis until such time the Agency 
determines otherwise.

ADDRESSES: 
    Address for Application Submission: Completed applications must be 
sent to Specialty Programs Division, U.S. Department of Agriculture, 
Room Number 4204-S, 1400 Independence Avenue SW., Washington, DC 20250-
3226.
    Address for Requesting Information: Application materials and other 
information may be requested by writing to Kristi Kubista-Hovis, Acting 
Director, Specialty Programs Division, U.S. Department of Agriculture, 
Room 4204-S, 1400 Independence Avenue SW., Washington, DC 20250-3226.

FOR FURTHER INFORMATION CONTACT: Detailed information on the RBIP, 
including application materials and instructions, can be found on the 
Agency's Web site at http://www.rd.usda.gov/programs-services/rural-business-investment-program. You also may request information from the 
Agency by contacting David Chesnick, Program Manager, Rural Business 
Investment Program, Specialty Programs Division, U.S. Department of 
Agriculture, Room 4221-S, 1400

[[Page 81725]]

Independence Avenue SW., Washington, DC 20250-3226, at (202) 690-0433.

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 defines ``collection of 
information'' as a requirement for ``answers to * * * identical 
reporting or recordkeeping requirements imposed on ten or more 
persons'' (44 U.S.C. 3502(3)(A)). The collection requirement associated 
with this Notice is expected to receive less than 10 respondents and 
therefore the Act does not apply.

Overview Information

    Federal Agency Name. Rural Business-Cooperative Service.
    Opportunity Title. RBIP for Non-leveraged RBICs.
    Announcement Type. Subsequent announcement.
    Catalog of Federal Domestic Assistance (CFDA) Number. The CFDA 
number for the program impacted by this action is 10.860, Rural 
Business Investment Program.
    Dates. The Agency began accepting applications for non-leveraged 
status on August 6, 2012, and will continue to accept applications for 
non-leveraged status until such time the Agency determines otherwise. 
Availability of Notice. This Notice is available on the USDA Rural 
Development Web site at: http://www.rd.usda.gov/programs-services/rural-business-investment-program.

I. Opportunity Description

    A. Background. The purpose of Subtitle H of the Consolidated Farm 
and Rural Development Act, as amended (7 U.S.C. 2009cc et seq.) is to 
promote economic development and the creation of wealth and job 
opportunities in rural areas and among individuals living in those 
areas through venture capital investments by for-profit RBICs.
    Prior to August 6, 2012, the Agency issued licenses to qualified 
RBICs as leveraged RBICs only. A notice published in the Federal 
Register on July 5, 2012, (77 FR 39675), informed the public that the 
Agency would begin accepting non-leveraged RBIC license applications on 
August 6, 2012.
    The purpose of this current Notice is to notify interested RBICs 
that the Agency is still accepting applications from qualified RBICs 
for licensing as non-leveraged RBICs under the RBIP. The Agency will 
continue to accept such applications until such other time the Agency 
determines otherwise.
    B. Program Authority. Subtitle H of the Consolidated Farm and Rural 
Development Act, as amended (7 U.S.C. 2009cc et seq.) establishes the 
RBIP.
    C. Definition of Terms. The terms defined in 7 CFR part 4290 are 
applicable to this Notice.

II. Licensing Information

    A. Number of Licenses. The Agency intends to issue approximately 
two non-leveraged RBIC licenses a year, subject to sufficient 
resources. However, additional applications for licenses may be 
considered if sufficient resources are made available.
    B. Type of License. Non-leveraged.

III. Eligibility Information

    Applicants and their applications are subject to the provisions of 
this Notice and to the provisions of 7 CFR part 4290. In order to be 
eligible for non-leveraged status under this Notice, the applicant must 
demonstrate that one or more Farm Credit System (FCS) institution(s) 
will invest in the RBIC and, individually or collectively, hold 10 
percent or more the applicant's total capital.

IV. Application and Submission Information

    A. Where to Obtain Applications. Applicants may obtain applications 
and other applicable application material from the Agency's Specialty 
Programs Division, as provided in the ADDRESSES section of this Notice. 
Because applications will be selected on a first-come, first-served 
basis, the Agency recommends that potential applicants who plan to 
request application materials via mail request such materials as soon 
as possible.
    Application materials may also be obtained via http://www.rd.usda.gov/programs-services/rural-business-investment-program or 
by contacting the Agency at the address and phone number provided in 
the ADDRESSES section of this Notice.
    B. Prior to Preparing Application. The Agency recommends that those 
interested in applying for non-leveraged licensing contact the Agency 
at the address and phone number provided in the ADDRESSES section of 
this Notice to determine the status of the non-leveraged program in 
order to avoid unnecessary expenditure of resources by the applicant. 
As noted earlier in this Notice, the Agency intends to issue 
approximately two non-leveraged licenses a year, due to limited 
resources, the Agency may not be able to review more than the two 
applications in any 1 fiscal year.
    C. Content and Form of Submission. Applications must be submitted 
in accordance with the application instructions contained in this 
Notice and in 7 CFR 4290. Applicants must submit complete initial 
applications in order to be considered. Applications must be submitted 
in hard copy form and on a USB flash drive; applications sent by 
facsimile will not be accepted.
    Contents of the initial application include RD Form 4290-1, ``Rural 
Business Investment Program (RBIP) Application,'' Part I, Management 
Assessment Questionnaire (MAQ), and RD Form 4290-2, ``Rural Business 
Investment Program (RBIP) Application,'' Part II, Exhibits (exhibits A, 
B, C, D, E, F, G, H, K, L, P, V, and Z).
    Submit two complete, original hard copy sets of the RD Form 4290-1 
and RD Form 4290-2 (excluding Exhibit P, which is required in 
electronic form only). Place each of the two original sets in a large 
3-ring binder. Label the binders with the RBIC's name. Submit one 
complete and unbound one-sided hard copy of the MAQ and Exhibits 
suitable for photocopying (i.e., no hole punches, staples, paper clips, 
tabs, or binders).
    Applicants must enclose in their submission a nonrefundable 
licensing fee of $500 in the form of a check payable to USDA.
    D. When to Submit. The Agency is accepting applications for non-
leveraged status until such time the Agency determines otherwise.
    E. Where to Submit. The applicant must submit the application 
material to the Agency's Specialty Programs Division as specified in 
the ADDRESSES section of this Notice.
    F. How to Submit. Applicants are encouraged to submit their 
applications via package/parcel service.

V. Program Provisions

    This section of the Notice identifies the procedures the Agency 
will use to process and select applicants for licensing as a non-
leveraged RBIC. More information about the RBIP is available in the 
regulation at 7 CFR part 4290.
    The Agency will review each application it receives in response to 
this Notice with regard to eligibility and completeness. If the 
application is incomplete, the Agency will notify the applicant of the 
information that is missing. The applicant must then provide the 
missing information in order for the Agency to further review the 
application.
    The Agency will select applicants for licensing as a non-leveraged 
RBIC on a first-come, first-served basis. The Agency will determine the 
order of applications based on the date the Agency receives a complete 
application.

[[Page 81726]]

For example, if an application is received on July 1, but is 
incomplete, and the applicant supplies the Agency with the missing 
information on August 1, then that application will be considered for 
selection on the basis of the August 1 date--the date on which the 
application was complete. Therefore, the Agency encourages applicants 
to ensure their applications are complete prior to submitting them.
    Only those applications that are eligible will be processed further 
for determining whether the applicant will be licensed as a non-
leveraged RBIC. However, not all applications received in response to 
this Notice will receive this further processing. For each application 
that receives further processing, the Agency or its designee will focus 
its assessment of the application on the consistency of the newly 
formed RBIC's business plan with the goals of the RBIP program and on 
the applicant's management team's qualifications. Following this 
assessment, if the initial recommendation is favorable, the Agency or 
its designee will interview the applicant's management team.
    Based on the assessment and interview, a preliminary determination 
will be made as to whether or not to select the applicant for non-
leveraged status. If the preliminary determination is favorable, the 
Agency will send to the applicant a Letter of Conditions (also known as 
a ``Green Light'' letter) and the applicant will be invited to submit 
an updated RD Form 4290-1, Part I, Management Assessment Questionnaire, 
and RD Form 4290-2, Part II, Exhibits. Upon receipt of the Letter of 
Conditions, the applicant has 24 months to raise their private equity 
capital. Once a selected applicant has achieved full compliance with 
the regulations governing licensing as an RBIC, the Agency will issue 
the non-leveraged license to the RBIC.

VI. Administrative Information Applicable to This Notice

A. Notifications

    1. Eligibility. The Agency will notify the applicant in writing 
whether or not the application is determined to be eligible for 
participation in the RBIP. If an applicant is determined by the Agency 
to be ineligible, the Agency will provide the reason(s) the applicant 
was rejected. Such applicant will have review and appeal rights as 
specified in this Notice.
    2. License. Each applicant receiving a ``Green Light'' letter will 
be notified whether or not the RBIC will be licensed after the Agency's 
review of the updated RD Form 4290-1, Part I, Management Assessment 
Questionnaire, and RD Form 4290-2, Part II, Exhibits.

B. Administrative and National Policy Requirements

    1. Review or Appeal Rights. A person may seek a review of an 
adverse Agency decision under this Notice or appeal to the National 
Appeals Division in accordance with 7 CFR part 11.
    2. Notification of Unfavorable Decisions. If at any time prior to 
license approval it is decided that favorable action will not be taken, 
the Agency will notify the applicant in writing of the decision and of 
the reasons why issuing a non-leveraged license was not favorably 
considered. The notification will inform the applicant of its rights to 
an informal review, mediation, and appeal of the decision in accordance 
with 7 CFR part 11.

VII. Agency Contacts

    For further information about this Notice or for assistance with 
the program requirements, please contact the Specialty Programs 
Division, U.S. Department of Agriculture, Room 4204-S, 1400 
Independence Avenue SW., Washington, DC 20250-3226. Telephone: (202) 
720-1400.

VIII. Nondiscrimination

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, the USDA, its 
Agencies, offices, and employees, and institutions participating in or 
administering USDA programs are prohibited from discriminating based on 
race, color, national origin, religion, sex, gender identity (including 
gender expression), sexual orientation, disability, age, marital 
status, family/parental status, income derived from a public assistance 
program, political beliefs, or reprisal or retaliation for prior civil 
rights activity, in any program or activity conducted or funded by USDA 
(not all bases apply to all programs). Remedies and complaint filing 
deadlines vary by program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (e.g., Braille, large print, 
audiotape, American Sign Language, etc.) should contact the responsible 
Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or 
contact USDA through the Federal Relay Service at (800) 877-8339. 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or 
write a letter addressed to USDA and provide in the letter all of the 
information requested in the form. To request a copy of the complaint 
form, call (866) 632-9992. Submit your completed form or letter to USDA 
by:
    (1) Mail: U.S. Department of Agriculture Office of the Assistant 
Secretary for Civil Rights: 1400 Independence Avenue SW., Washington, 
DC 20250-9410;
    (2) Fax: (202) 690-7442; or
    (3) Email: [email protected].
    USDA is an equal opportunity provider, employer, and lender.

    Dated: November 9, 2016.
Samuel H. Rikkers,
Administrator, Rural Business-Cooperative Service.
[FR Doc. 2016-27731 Filed 11-17-16; 8:45 am]
 BILLING CODE 3410-XY-P



                                                  81724                       Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices

                                                     8. Advancing key phytosanitary                       adjustments required by NAPPO                         ADDRESSES above) or by transmitting
                                                  concepts: Prepare a discussion                          member countries. Review comments                     comments through Ms. Abad.
                                                  document on diversion from intended                     received from the country consultation                  Done in Washington, DC, this 14th day of
                                                  use. Clearly organize the concepts of                   of the draft revision and make                        November 2016.
                                                  diversion from intended use into a                      adjustments as required.                              Kevin Shea,
                                                  discussion document to serve as future                     Revise Annex 6, Pre-shipment testing
                                                                                                                                                                Administrator, Animal and Plant Health
                                                  reference. The reference document was                   for PVYN, while undertaking a full 5-                 Inspection Service.
                                                  presented to the NAPPO Executive                        year review of RSPM 3, Movement of
                                                                                                                                                                [FR Doc. 2016–27791 Filed 11–17–16; 8:45 am]
                                                  Committee on October 31, 2016.                          potatoes into a NAPPO member
                                                                                                                                                                BILLING CODE 3410–34–P
                                                     Provide guidance on assessing the                    country. Update the current Annex 6 of
                                                  likelihood of establishment component                   RSPM 3, based on the PVY TAG Science
                                                  of a pest risk analysis (PRA) for                       and Technology document finalized in
                                                                                                                                                                DEPARTMENT OF AGRICULTURE
                                                  quarantine pests. Assess feasibility of                 2013, while undertaking the 5-year
                                                  developing harmonized regional                          review of RSPM 3.                                     Rural Business-Cooperative Service
                                                  guidance to assess the likelihood of pest                  10. Seeds: Develop harmonized
                                                  establishment when developing a PRA.                    criteria for evaluating phytosanitary                 Applications for Licensing as a Non-
                                                  The results are aimed to refocus the                    seed treatments. Develop a discussion                 Leveraged Rural Business Investment
                                                  application of risk management                          document providing a list of criteria for             Company Under the Rural Business
                                                  measures on only those pests that are                   evaluating phytosanitary seed                         Investment Program
                                                  likely to cause harm. During the first                  treatments, as well as the identification
                                                  half of 2016, upon thorough assessment                  of data gaps and research needs where                 AGENCY:  Rural Business-Cooperative
                                                  of relevant standards and existing                      they may exist.                                       Service, USDA.
                                                  guidance, the expert group determined                      11. Foundational/Procedural                        ACTION: Notice.
                                                  that existing guidance was adequate.                    documents: Revision/update of various
                                                  Therefore, the expert group proposed a                  foundational or procedural documents.                 SUMMARY:  This Notice announces the
                                                  change in project scope, approved by                    In 2016, NAPPO’s Advisory and                         acceptance of applications from newly-
                                                  the NAPPO Executive Committee in July                   Management Committee has been                         formed Rural Business Investment
                                                  6, 2016, to instead develop a NAPPO                     working to update various NAPPO                       Companies (RBICs) or new funds from
                                                  discussion paper on interpretation of                   foundational and procedural                           existing RBICs who are interested in
                                                  existing guidance in standards for the                  documents. On July 6, 2016, NAPPO’s                   obtaining a licensed fund as non-
                                                  evaluation of the likelihood of                         Executive Committee approved an                       leveraged RBICs under the Agency’s
                                                  establishment in PRAs.                                  updated version of NAPPO’s                            Rural Business Investment Program
                                                     Organize an international symposium                  Constitution and By-Laws as well as the               (RBIP).
                                                  on inspection sampling to support                       2016–2020 NAPPO Strategic Plan. Edits                 DATES:  The Agency began accepting
                                                  proper and harmonized implementation                    in the Constitution and By-Laws were                  applications for non-leveraged status on
                                                  of ISPMs 23 (Guidelines for Inspection)                 minor in nature to update terms and                   August 6, 2012, and will continue to
                                                  and 31 (Methodologies for sampling of                   practices and to streamline the                       accept applications for non-leveraged
                                                  consignments) in the NAPPO region and                   document. The new Strategic Plan                      status on a continuous basis until such
                                                  internationally. The international                      outlines how NAPPO will be guided by                  time the Agency determines otherwise.
                                                  symposium on risk-based sampling,                       regional priorities, core goals, and focus
                                                                                                                                                                ADDRESSES:
                                                  targeted to take place in the summer of                 over the next 5 years. The documents
                                                  2017, will examine the relevant                         were signed during the 2016 NAPPO                       Address for Application Submission:
                                                  scientific and statistical concepts                     Annual Meeting.                                       Completed applications must be sent to
                                                  associated with inspection sampling,                       The PPQ Deputy Administrator, as the               Specialty Programs Division, U.S.
                                                  the operational and regulatory                          official U.S. delegate to NAPPO, intends              Department of Agriculture, Room
                                                  challenges of implementation, the                       to participate in the adoption of these               Number 4204–S, 1400 Independence
                                                  outreach/in-reach efforts needed for                    regional plant health standards and                   Avenue SW., Washington, DC 20250–
                                                  acceptance and capacity building, and                   projects, including the work described                3226.
                                                  opportunities for harmonization. The                    above, once they are completed and                      Address for Requesting Information:
                                                  purpose of the symposium is to bring                    ready for such consideration.                         Application materials and other
                                                  together government agencies,                              The information in this notice                     information may be requested by
                                                  researchers and analysts, industries and                contains all the information available to             writing to Kristi Kubista-Hovis, Acting
                                                  international organizations to                          us on NAPPO standards under                           Director, Specialty Programs Division,
                                                  collaborate in the development and                      development or consideration. For                     U.S. Department of Agriculture, Room
                                                  implementation of risk based sampling                   updates on meeting times and for                      4204–S, 1400 Independence Avenue
                                                  methods for phytosanitary inspection.                   information on the expert groups that                 SW., Washington, DC 20250–3226.
                                                  Symposium proceedings will be created                   may become available following                        FOR FURTHER INFORMATION CONTACT:
                                                  as an enduring reference.                               publication of this notice, visit the                 Detailed information on the RBIP,
                                                     9. Potato: Revise the pest list for                  NAPPO Web site or contact Ms. Patricia                including application materials and
                                                  RSPM 3, Movement of potatoes into a                     Abad (see FOR FURTHER INFORMATION                     instructions, can be found on the
                                                  NAPPO member country. Undertake the                     CONTACT above). Information on official               Agency’s Web site at http://
                                                  annual revision of the pest list.                       U.S. participation in NAPPO activities,               www.rd.usda.gov/programs-services/
mstockstill on DSK3G9T082PROD with NOTICES




                                                     Work to finalize the review of the                   including U.S. positions on standards                 rural-business-investment-program. You
                                                  existing RSPM 3, Movement of potatoes                   being considered, may also be obtained                also may request information from the
                                                  into a NAPPO member country, to align                   from Ms. Abad. Those wishing to                       Agency by contacting David Chesnick,
                                                  it with ISPM 33, Pest free potato                       provide comments on any of the topics                 Program Manager, Rural Business
                                                  (Solanum sp.) micropropagative                          being addressed in the NAPPO work                     Investment Program, Specialty Programs
                                                  material and minitubers for                             program may do so at any time by                      Division, U.S. Department of
                                                  international trade, and discuss any                    responding to this notice (see                        Agriculture, Room 4221–S, 1400


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                                                                              Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices                                           81725

                                                  Independence Avenue SW.,                                Development Act, as amended (7 U.S.C.                 instructions contained in this Notice
                                                  Washington, DC 20250–3226, at (202)                     2009cc et seq.) establishes the RBIP.                 and in 7 CFR 4290. Applicants must
                                                  690–0433.                                                 C. Definition of Terms. The terms                   submit complete initial applications in
                                                  SUPPLEMENTARY INFORMATION:                              defined in 7 CFR part 4290 are                        order to be considered. Applications
                                                                                                          applicable to this Notice.                            must be submitted in hard copy form
                                                  Paperwork Reduction Act                                                                                       and on a USB flash drive; applications
                                                                                                          II. Licensing Information
                                                    The Paperwork Reduction Act of 1995                                                                         sent by facsimile will not be accepted.
                                                  defines ‘‘collection of information’’ as a                 A. Number of Licenses. The Agency                    Contents of the initial application
                                                  requirement for ‘‘answers to * * *                      intends to issue approximately two non-               include RD Form 4290–1, ‘‘Rural
                                                  identical reporting or recordkeeping                    leveraged RBIC licenses a year, subject               Business Investment Program (RBIP)
                                                  requirements imposed on ten or more                     to sufficient resources. However,                     Application,’’ Part I, Management
                                                  persons’’ (44 U.S.C. 3502(3)(A)). The                   additional applications for licenses may              Assessment Questionnaire (MAQ), and
                                                  collection requirement associated with                  be considered if sufficient resources are             RD Form 4290–2, ‘‘Rural Business
                                                  this Notice is expected to receive less                 made available.                                       Investment Program (RBIP)
                                                  than 10 respondents and therefore the                      B. Type of License. Non-leveraged.                 Application,’’ Part II, Exhibits (exhibits
                                                  Act does not apply.                                     III. Eligibility Information                          A, B, C, D, E, F, G, H, K, L, P, V, and
                                                                                                                                                                Z).
                                                  Overview Information                                       Applicants and their applications are                Submit two complete, original hard
                                                    Federal Agency Name. Rural                            subject to the provisions of this Notice              copy sets of the RD Form 4290–1 and
                                                  Business-Cooperative Service.                           and to the provisions of 7 CFR part                   RD Form 4290–2 (excluding Exhibit P,
                                                    Opportunity Title. RBIP for Non-                      4290. In order to be eligible for non-                which is required in electronic form
                                                  leveraged RBICs.                                        leveraged status under this Notice, the               only). Place each of the two original sets
                                                    Announcement Type. Subsequent                         applicant must demonstrate that one or                in a large 3-ring binder. Label the
                                                  announcement.                                           more Farm Credit System (FCS)                         binders with the RBIC’s name. Submit
                                                    Catalog of Federal Domestic                           institution(s) will invest in the RBIC                one complete and unbound one-sided
                                                  Assistance (CFDA) Number. The CFDA                      and, individually or collectively, hold               hard copy of the MAQ and Exhibits
                                                  number for the program impacted by                      10 percent or more the applicant’s total              suitable for photocopying (i.e., no hole
                                                  this action is 10.860, Rural Business                   capital.                                              punches, staples, paper clips, tabs, or
                                                  Investment Program.                                     IV. Application and Submission                        binders).
                                                    Dates. The Agency began accepting                                                                             Applicants must enclose in their
                                                                                                          Information
                                                  applications for non-leveraged status on                                                                      submission a nonrefundable licensing
                                                  August 6, 2012, and will continue to                       A. Where to Obtain Applications.                   fee of $500 in the form of a check
                                                  accept applications for non-leveraged                   Applicants may obtain applications and                payable to USDA.
                                                  status until such time the Agency                       other applicable application material                   D. When to Submit. The Agency is
                                                  determines otherwise. Availability of                   from the Agency’s Specialty Programs                  accepting applications for non-leveraged
                                                  Notice. This Notice is available on the                 Division, as provided in the ADDRESSES                status until such time the Agency
                                                  USDA Rural Development Web site at:                     section of this Notice. Because                       determines otherwise.
                                                  http://www.rd.usda.gov/programs-                        applications will be selected on a first-               E. Where to Submit. The applicant
                                                  services/rural-business-investment-                     come, first-served basis, the Agency                  must submit the application material to
                                                  program.                                                recommends that potential applicants                  the Agency’s Specialty Programs
                                                                                                          who plan to request application                       Division as specified in the ADDRESSES
                                                  I. Opportunity Description                              materials via mail request such                       section of this Notice.
                                                     A. Background. The purpose of                        materials as soon as possible.                          F. How to Submit. Applicants are
                                                  Subtitle H of the Consolidated Farm and                    Application materials may also be                  encouraged to submit their applications
                                                  Rural Development Act, as amended (7                    obtained via http://www.rd.usda.gov/                  via package/parcel service.
                                                  U.S.C. 2009cc et seq.) is to promote                    programs-services/rural-business-
                                                  economic development and the creation                   investment-program or by contacting the               V. Program Provisions
                                                  of wealth and job opportunities in rural                Agency at the address and phone                          This section of the Notice identifies
                                                  areas and among individuals living in                   number provided in the ADDRESSES                      the procedures the Agency will use to
                                                  those areas through venture capital                     section of this Notice.                               process and select applicants for
                                                  investments by for-profit RBICs.                           B. Prior to Preparing Application. The             licensing as a non-leveraged RBIC. More
                                                     Prior to August 6, 2012, the Agency                  Agency recommends that those                          information about the RBIP is available
                                                  issued licenses to qualified RBICs as                   interested in applying for non-leveraged              in the regulation at 7 CFR part 4290.
                                                  leveraged RBICs only. A notice                          licensing contact the Agency at the                      The Agency will review each
                                                  published in the Federal Register on                    address and phone number provided in                  application it receives in response to
                                                  July 5, 2012, (77 FR 39675), informed                   the ADDRESSES section of this Notice to               this Notice with regard to eligibility and
                                                  the public that the Agency would begin                  determine the status of the non-                      completeness. If the application is
                                                  accepting non-leveraged RBIC license                    leveraged program in order to avoid                   incomplete, the Agency will notify the
                                                  applications on August 6, 2012.                         unnecessary expenditure of resources by               applicant of the information that is
                                                     The purpose of this current Notice is                the applicant. As noted earlier in this               missing. The applicant must then
                                                  to notify interested RBICs that the                     Notice, the Agency intends to issue                   provide the missing information in
                                                  Agency is still accepting applications                  approximately two non-leveraged                       order for the Agency to further review
mstockstill on DSK3G9T082PROD with NOTICES




                                                  from qualified RBICs for licensing as                   licenses a year, due to limited resources,            the application.
                                                  non-leveraged RBICs under the RBIP.                     the Agency may not be able to review                     The Agency will select applicants for
                                                  The Agency will continue to accept                      more than the two applications in any                 licensing as a non-leveraged RBIC on a
                                                  such applications until such other time                 1 fiscal year.                                        first-come, first-served basis. The
                                                  the Agency determines otherwise.                           C. Content and Form of Submission.                 Agency will determine the order of
                                                     B. Program Authority. Subtitle H of                  Applications must be submitted in                     applications based on the date the
                                                  the Consolidated Farm and Rural                         accordance with the application                       Agency receives a complete application.


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                                                  81726                       Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Notices

                                                  For example, if an application is                       RD Form 4290–1, Part I, Management                    Discrimination Complaint Form, AD–
                                                  received on July 1, but is incomplete,                  Assessment Questionnaire, and RD                      3027, found online at http://
                                                  and the applicant supplies the Agency                   Form 4290–2, Part II, Exhibits.                       www.ascr.usda.gov/complaint_filing_
                                                  with the missing information on August                                                                        cust.html and at any USDA office or
                                                                                                          B. Administrative and National Policy
                                                  1, then that application will be                                                                              write a letter addressed to USDA and
                                                                                                          Requirements
                                                  considered for selection on the basis of                                                                      provide in the letter all of the
                                                  the August 1 date—the date on which                       1. Review or Appeal Rights. A person                information requested in the form. To
                                                  the application was complete.                           may seek a review of an adverse Agency                request a copy of the complaint form,
                                                  Therefore, the Agency encourages                        decision under this Notice or appeal to               call (866) 632–9992. Submit your
                                                  applicants to ensure their applications                 the National Appeals Division in                      completed form or letter to USDA by:
                                                  are complete prior to submitting them.                  accordance with 7 CFR part 11.                          (1) Mail: U.S. Department of
                                                     Only those applications that are                       2. Notification of Unfavorable                      Agriculture Office of the Assistant
                                                  eligible will be processed further for                  Decisions. If at any time prior to license            Secretary for Civil Rights: 1400
                                                  determining whether the applicant will                  approval it is decided that favorable                 Independence Avenue SW.,
                                                  be licensed as a non-leveraged RBIC.                    action will not be taken, the Agency will             Washington, DC 20250–9410;
                                                  However, not all applications received                  notify the applicant in writing of the                  (2) Fax: (202) 690–7442; or
                                                  in response to this Notice will receive                 decision and of the reasons why issuing                 (3) Email: program.intake@usda.gov.
                                                  this further processing. For each                       a non-leveraged license was not                         USDA is an equal opportunity
                                                  application that receives further                       favorably considered. The notification                provider, employer, and lender.
                                                  processing, the Agency or its designee                  will inform the applicant of its rights to              Dated: November 9, 2016.
                                                  will focus its assessment of the                        an informal review, mediation, and
                                                                                                                                                                Samuel H. Rikkers,
                                                  application on the consistency of the                   appeal of the decision in accordance
                                                                                                                                                                Administrator, Rural Business-Cooperative
                                                  newly formed RBIC’s business plan with                  with 7 CFR part 11.
                                                                                                                                                                Service.
                                                  the goals of the RBIP program and on                    VII. Agency Contacts                                  [FR Doc. 2016–27731 Filed 11–17–16; 8:45 am]
                                                  the applicant’s management team’s
                                                  qualifications. Following this                            For further information about this                  BILLING CODE 3410–XY–P

                                                  assessment, if the initial                              Notice or for assistance with the
                                                  recommendation is favorable, the                        program requirements, please contact
                                                                                                          the Specialty Programs Division, U.S.                 DEPARTMENT OF AGRICULTURE
                                                  Agency or its designee will interview
                                                  the applicant’s management team.                        Department of Agriculture, Room 4204–
                                                                                                                                                                Rural Business-Cooperative Service
                                                     Based on the assessment and                          S, 1400 Independence Avenue SW.,
                                                  interview, a preliminary determination                  Washington, DC 20250–3226.                            Notice of Solicitation of Applications
                                                  will be made as to whether or not to                    Telephone: (202) 720–1400.                            (NOSA) Inviting Applications for the
                                                  select the applicant for non-leveraged                  VIII. Nondiscrimination                               Rural Business Development Grant
                                                  status. If the preliminary determination                                                                      Program To Provide Technical
                                                                                                             In accordance with Federal civil
                                                  is favorable, the Agency will send to the                                                                     Assistance for Rural Transportation
                                                                                                          rights law and U.S. Department of
                                                  applicant a Letter of Conditions (also                                                                        Systems
                                                                                                          Agriculture (USDA) civil rights
                                                  known as a ‘‘Green Light’’ letter) and the
                                                                                                          regulations and policies, the USDA, its               AGENCY:  Rural Business-Cooperative
                                                  applicant will be invited to submit an
                                                                                                          Agencies, offices, and employees, and                 Service, USDA.
                                                  updated RD Form 4290–1, Part I,
                                                                                                          institutions participating in or                      ACTION: Notice.
                                                  Management Assessment Questionnaire,
                                                                                                          administering USDA programs are
                                                  and RD Form 4290–2, Part II, Exhibits.                                                                        SUMMARY:   This Notice is to invite
                                                                                                          prohibited from discriminating based on
                                                  Upon receipt of the Letter of Conditions,                                                                     applications for grants to provide
                                                                                                          race, color, national origin, religion, sex,
                                                  the applicant has 24 months to raise                                                                          Technical Assistance for Rural
                                                                                                          gender identity (including gender
                                                  their private equity capital. Once a                                                                          Transportation (RT) systems under the
                                                                                                          expression), sexual orientation,
                                                  selected applicant has achieved full                                                                          Rural Business Development Grant
                                                                                                          disability, age, marital status, family/
                                                  compliance with the regulations                                                                               (RBDG) program pursuant to 7 CFR part
                                                                                                          parental status, income derived from a
                                                  governing licensing as an RBIC, the                                                                           4280, subpart E, 2 CFR chapter IV and
                                                                                                          public assistance program, political
                                                  Agency will issue the non-leveraged                                                                           2 CFR part 200 for fiscal year (FY) 2017,
                                                                                                          beliefs, or reprisal or retaliation for prior
                                                  license to the RBIC.                                                                                          subject to the availability of funding to
                                                                                                          civil rights activity, in any program or
                                                  VI. Administrative Information                          activity conducted or funded by USDA                  provide Technical Assistance for RT
                                                  Applicable to This Notice                               (not all bases apply to all programs).                systems and for RT systems to Federally
                                                                                                          Remedies and complaint filing                         Recognized Native American Tribes’
                                                  A. Notifications                                                                                              (FRNAT) (collectively ‘‘Programs’’) and
                                                                                                          deadlines vary by program or incident.
                                                     1. Eligibility. The Agency will notify                  Persons with disabilities who require              the terms provided in such funding.
                                                  the applicant in writing whether or not                 alternative means of communication for                This Notice is being issued before the
                                                  the application is determined to be                     program information (e.g., Braille, large             FY 2017 appropriation has been enacted
                                                  eligible for participation in the RBIP. If              print, audiotape, American Sign                       in order to allow applicants sufficient
                                                  an applicant is determined by the                       Language, etc.) should contact the                    time to leverage financing, prepare and
                                                  Agency to be ineligible, the Agency will                responsible Agency or USDA’s TARGET                   submit their applications, and give the
                                                  provide the reason(s) the applicant was                 Center at (202) 720–2600 (voice and                   Agency time to process applications in
mstockstill on DSK3G9T082PROD with NOTICES




                                                  rejected. Such applicant will have                      TTY) or contact USDA through the                      FY 2017. This Notice is based on the
                                                  review and appeal rights as specified in                Federal Relay Service at (800) 877–8339.              assumption that the FY 2017
                                                  this Notice.                                            Additionally, program information may                 appropriation will be identical to its
                                                     2. License. Each applicant receiving a               be made available in languages other                  successors. Should that not be the case,
                                                  ‘‘Green Light’’ letter will be notified                 than English.                                         this Notice will be amended to reflect
                                                  whether or not the RBIC will be licensed                   To file a program discrimination                   those changes. Successful applications
                                                  after the Agency’s review of the updated                complaint, complete the USDA Program                  will be selected by the Agency for


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Document Created: 2018-02-14 08:32:10
Document Modified: 2018-02-14 08:32:10
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThe Agency began accepting applications for non-leveraged status on August 6, 2012, and will continue to accept applications for non- leveraged status on a continuous basis until such time the Agency determines otherwise.
ContactDetailed information on the RBIP, including application materials and instructions, can be found on the Agency's Web site at http://www.rd.usda.gov/programs-services/rural- business-investment-program. You also may request information from the Agency by contacting David Chesnick, Program Manager, Rural Business Investment Program, Specialty Programs Division, U.S. Department of Agriculture, Room 4221-S, 1400 Independence Avenue SW., Washington, DC 20250-3226, at (202) 690-0433.
FR Citation81 FR 81724 

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