82 FR 2309 - Rural Broadband Access Loans and Loan Guarantees Program
DEPARTMENT OF AGRICULTURE
Rural Utilities Service Federal Register Volume 82, Issue 5 (January 9, 2017)
Rural Utilities Service
Federal Register Volume 82, Issue 5 (January 9, 2017)
| Page Range | 2309-2311 | |
| FR Document | 2017-00137 |
[Federal Register Volume 82, Number 5 (Monday, January 9, 2017)] [Notices] [Pages 2309-2311] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00137] ======================================================================== Notices Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ======================================================================== Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Notices [[Page 2309]] DEPARTMENT OF AGRICULTURE Rural Utilities Service Rural Broadband Access Loans and Loan Guarantees Program AGENCY: Rural Utilities Service, USDA. ACTION: Notice of Solicitation of Applications (NOSA). ----------------------------------------------------------------------- SUMMARY: The Rural Utilities Service (RUS), an agency of the United States Department of Agriculture (USDA), announces that it is accepting applications for fiscal year (FY) 2017 for the Rural Broadband Access Loan and Loan Guarantee program (the Broadband Program). There will be two application windows for FY 2017. In addition to announcing the application windows, RUS announces the minimum and maximum amounts for broadband loans for FY 2017. DATES: Unless otherwise extended by a notice of funds availability, applications for the first application window under this NOSA must be submitted from March 1, 2017, through March 31, 2017, and for the second application window from September 1, 2017, through September 30, 2017. Applications can only be submitted through the Agency's online application system during the periods specified above; however, applicants may begin working on their applications in the online system as outlined below. FOR FURTHER INFORMATION CONTACT: For further information contact Shawn Arner, Deputy Assistant Administrator, Loan Originations and Approval Division, Rural Utilities Service, Room 2844, STOP 1597, 1400 Independence Avenue SW., Washington, DC 20250-1597, Telephone: (202) 720-0800, or email: Shawn.Arner@wdc.usda.gov. SUPPLEMENTARY INFORMATION: General Information The Rural Broadband Access Loan and Loan Guarantee Program (the ``Broadband Program'') is authorized by the Rural Electrification Act (7 U.S.C. 901 et seq.), as amended by the Agricultural Act of 2014 (Pub. L. 113-79) also referred to as the 2014 Farm Bill. During FY 2017, loans will be made available for the construction, improvement, and acquisition of facilities and equipment to provide service at the broadband lending speed for eligible rural areas. Applications are subject to the requirements of 7 CFR 1738. Application Assistance Since the implementation of the requirements of the 2014 Farm Bill, RUS has held two application windows. After reviewing the applications for eligibility, RUS has determined that there is considerable misunderstanding of the revised requirements for the Broadband Program. Under the two previous windows, once an application was submitted, RUS could not contact an applicant for additional information and the application had to be evaluated on the information that was submitted. If incorrect or inadequate information was submitted or a regulatory requirement was not met, an applicant did not have the ability to adjust its application and RUS was forced to reject it as incomplete or inadequate. In order to break with the pattern of wide scale applications that do not meet the regulation's requirements, RUS will place additional emphasis on providing assistance to applicants with submitting complete applications. As a result, RUS will open pre- application periods, in which National Office staff as well as the General Field Representative assigned to the project will be able to review the draft application, provide detailed comments, and identify when an application is not meeting eligibility requirements for funding. The online application system will allow RUS staff to assist an applicant with completing every part of an application as it is being developed. The first pre-application window will open on January 9, 2017, and application assistance will be available until the application is formally submitted for consideration by the applicant, but no later than midnight, Eastern Time, on March 24, 2017. Once the application is formally submitted, RUS will be unable to provide additional assistance with completing the application and will begin reviewing the application for conformance with the broadband regulation with respect to eligibility and technical and financial feasibility. In addition, once an application is formally submitted through the online system, the applicant can no longer submit supporting information. For assistance with an application, please contact Shawn Arner, Deputy Assistant Administrator, Loan Originations and Approval Division, Rural Utilities Service, Room 2844, STOP 1597, 1400 Independence Avenue SW., Washington, DC 20250-1597, Telephone: (202) 720-0800, or email: Shawn.Arner@wdc.usda.gov. If an application is ultimately found to be incomplete or inadequate for funding after it is formally submitted, a detailed explanation will be provided to the applicant at least thirty days prior to the opening of the second window of FY 2017 for formally submitting applications. The second pre-application window will open on July 1, 2017, and application assistance will be available until the application is formally submitted for consideration by the applicant, but not later than midnight, Eastern Time, on September 22, 2017. As with the first pre-application window, once an application is formally submitted, RUS will be unable to provide additional assistance with completing the application and will begin reviewing the application for conformance with the broadband regulation with respect to eligibility and technical and financial feasibility. In addition, once an application is formally submitted through the online system, the applicant can no longer submit supporting information. Please contact Shawn Arner at the above contact information if you would like assistance with your application. If an application is ultimately found to be incomplete or inadequate, a detailed explanation will be provided to the applicant. To further assist in the preparation of applications, an application guide is available online at: http://www.rd.usda.gov/programs-services/farm-bill-broadband-loans-loan-guarantees. Application guides may also be requested from the RUS contact listed in the FOR FURTHER INFORMATION CONTACT section of this notice. [[Page 2310]] Application requirements: All requirements for submission of an application under the Broadband Program are subject to 7 CFR 1738. Application Materials/Submission: Applications must be submitted through the Agency's online application system located at http://www.rd.usda.gov/programs-services/rd-apply. All materials required for completing an application are included in the online system. Items of Special Emphasis: The following items have been overlooked or inadequately addressed in a number of applications received in the last two application cycles. They are highlighted below to help ensure that future applications do not have the same deficiencies.Calculation of Additional Cash Requirement 7 CFR 1738.208: Certain applications may need to satisfy an additional cash requirement even though they have addressed the equity requirement covered in 7 CFR 1738.207 (an element of a complete application in accordance with 7 CFR 1738.202(c)). If an applicant is either a start-up operation or has not demonstrated positive cash flow from operations for the two years prior to the submission date of the application, then the applicant must submit adjusted financial projections in which projected revenues are decreased by 50 percent for each year of the five-year forecast period, unless revenues are based on documented binding commitments which would preclude such a drop. If the adjusted financial projections show an inadequate cash balance at the end of any year during the five-year forecast period, the amount of cash necessary to eliminate that cash insufficiency is the Additional Cash Requirement for the application. Equity requirement 7 CFR 1738.207: If an applicant has equity at the time of application equal to less than 10 percent of the requested loan amount, then the applicant must submit either an investor commitment or a commitment to issue a general obligation bond, along with a legal opinion demonstrating that the applicant has the authority to issue such a bond in an amount sufficient to meet the equity requirement (this second option is available to State, Tribal and local government applicants only). If an applicant submits more than one application, then the equity requirement will be calculated based on the sum of the requested loan amounts, as if all applications will be successful. Market survey (7 CFR 1738.209): If a market survey is required, the survey must have been completed within 6 months of the application submission date. Methodology and Assumptions included with Financial Information (7 CFR 1738.211): The narrative explaining the methodology and assumptions used to develop the financial projections for the five- year forecast period (7 CFR 1738.211(b)(2)) and the adjusted financial projections, if applicable (7 CFR 1738.208(a)(2)), must adequately address every category in the pro-forma financial statements. This narrative should include a discussion of any historical trends or anomalies and their impact on the forecast(s). The applicant should not only include any calculations or percentage changes in the assumptions but also discuss the reasons for choosing any multipliers or percentage increases/decreases for the forecast. Audited Financial Statements vs. Unaudited Financial Statements plus Tax Returns (7 CFR 1738.211(a)(1)-(3)): Audited financial statements submitted in compliance with 7 CFR 1738.211(a)(1)- (3) must be audited and certified by an independent certified public accountant (CPA) and include an opinion, balance sheet, income statement, statement of changes in financial position, and notes to the financial statements. Compilations or reviews are considered unaudited financial statements, even if a CPA was involved in their preparation or presentation. If an applicant submits unaudited statements, tax returns for the relevant years are also required. Start-up entities must provide, at a minimum, an opening balance sheet dated within 30 days of the final submission of all application material. Minimum and Maximum Loan Amounts Loans under this authority will not be made for less than $100,000. The maximum loan amount that will be considered for FY 2017 is $10,000,000. Required Definitions for Broadband Program Regulation The regulation for the Broadband Program requires that certain definitions affecting eligibility be revised and published from time to time by the agency in the Federal Register. For the purposes of this NOSA, the agency is revising the definition of Broadband Service, such that for applications submitted under these two windows, existing Broadband Service shall mean the minimum rate-of-data transmission of ten megabits downstream and one megabit upstream for both mobile and fixed service. With respect to the Broadband Lending Speed, the rate at which applicants must propose to offer new broadband service is a minimum bandwidth of ten megabits downstream and one megabit upstream for mobile service and twenty-five megabits downstream and three megabits upstream for fixed service to the customer. Priority for Approving Loan Applications Applications for FY 2017 will be accepted from March 1, 2017, through March 30, 2017, for the first application window and from September 1, 2017, through September 30, 2017, for the second application window. Although review of applications will start when they are submitted for each window, all applications submitted for the first application period will be evaluated and ranked together based on the percentage of unserved households in the proposed funded service area. Likewise, all applications submitted for the second window will be evaluated and ranked together based on the percentage of unserved households in the proposed funded service area. Subject to available funding, eligible applications that propose to serve the highest percentage of unserved households will receive funding offers before other eligible applications that have been submitted. The amount available for each window will be published on the Agency Web page once the annual appropriation process has been completed. Applications will not be accepted after September 30, 2017, until a new funding window has been opened with the publication of an additional NOSA in the Federal Register. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, the information collection requirements associated with Broadband loans, as covered in this NOSA, have been approved by the Office of Management and Budget (OMB) under OMB Control Number 0572-0130. USDA Non-Discrimination Statement 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 [[Page 2311]] 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: program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender. Dated: November 21, 2016. Brandon McBride, Administrator, Rural Utilities Service. [FR Doc. 2017-00137 Filed 1-6-17; 8:45 am] BILLING CODE P
![Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Notices 2311
beliefs, or reprisal or retaliation for prior consumer electronics within Subzone Office of the Executive Secretary,
civil rights activity, in any program or 221A. The current request would add Foreign-Trade Zones Board, Room
activity conducted or funded by USDA finished products and foreign status 21013, U.S. Department of Commerce,
(not all bases apply to all programs). materials/components to the scope of 1401 Constitution Avenue NW.,
Remedies and complaint filing authority. Pursuant to 15 CFR 400.14(b), Washington, DC 20230–0002, and in the
deadlines vary by program or incident. additional FTZ authority would be ‘‘Reading Room’’ section of the Board’s
Persons with disabilities who require limited to the specific foreign-status Web site, which is accessible via
alternative means of communication for materials/components and specific www.trade.gov/ftz.
program information (e.g., Braille, large finished products described in the For further information, contact
print, audiotape, American Sign submitted notification (as described Elizabeth Whiteman at
Language, etc.) should contact the below) and subsequently authorized by Elizabeth.Whiteman@trade.gov or (202)
responsible Agency or USDA’s TARGET the FTZ Board. 482–0473.
Center at (202) 720–2600 (voice and Production under FTZ procedures
Dated: January 3, 2017.
TTY) or contact USDA through the could exempt Apple from customs duty
Andrew McGilvray,
Federal Relay Service at (800) 877–8339. payments on the foreign-status
materials/components used in export Executive Secretary.
Additionally, program information may
production. On its domestic sales, [FR Doc. 2017–00144 Filed 1–6–17; 8:45 am]
be made available in languages other
than English. Apple would be able to choose the duty BILLING CODE 3510–DS–P
To file a program discrimination rate during customs entry procedures
complaint, complete the USDA Program that applies to finished server assembly
Discrimination Complaint Form, AD– cabinets (duty-free) for the foreign-status DEPARTMENT OF COMMERCE
3027, found online at http:// materials/components noted below and
in the existing scope of authority. Foreign-Trade Zones Board
www.ascr.usda.gov/complaint_filing_
cust.html and at any USDA office or Customs duties also could possibly be [B–62–2016]
write a letter addressed to USDA and deferred or reduced on foreign-status
provide in the letter all of the production equipment. Foreign-Trade Zone (FTZ) 20—Newport
information requested in the form. To The materials/components sourced News, Virginia; Authorization of
request a copy of the complaint form, from abroad include: Tape; plastic Production Activity; Canon Virginia,
call (866) 632–9992. Submit your boxes; polyethylene bags; plastic bags; Inc.; Subzone 20D (Toner Cartridges);
completed form or letter to USDA by: plastic packing; plastic washers; rubber Newport News, Virginia
(1) Mail: U.S. Department of washers; rubber spacers; steel screw
On September 2, 2016, Canon Virgina,
Agriculture, Office of the Assistant hooks; steel screws; steel nuts; steel
standoff; steel spring washers; steel Inc., submitted a notification of
Secretary for Civil Rights, 1400 proposed production activity to the
Independence Avenue SW., washers, not spring/lock type; steel
rivets; steel cotter pins; steel springs; Foreign-Trade Zones (FTZ) Board for its
Washington, DC 20250–9410; facility within Subzone 20D, in Newport
(2) Fax: (202) 690–7442; or steel springs, of wire; steel baffles;
copper washers; copper boss; copper News, Virginia.
(3) Email: program.intake@usda.gov. The notification was processed in
USDA is an equal opportunity nuts; nickel fasteners; aluminum
screws; aluminum hooks; metal hinges; accordance with the regulations of the
provider, employer, and lender. FTZ Board (15 CFR part 400), including
metal brackets; fans; fan blades, fan unit
Dated: November 21, 2016. housings; servers; input/output units; notice in the Federal Register inviting
Brandon McBride, storage units; smart cables; card readers; public comment (81 FR 64870,
Administrator, Rural Utilities Service. server housing/enclosures; printed September 21, 2016). The FTZ Board
[FR Doc. 2017–00137 Filed 1–6–17; 8:45 am] circuit board assemblies; electric has determined that no further review of
motors; transformers; static converters; the activity is warranted at this time.
BILLING CODE P
inductors; magnets; lithium batteries; The production activity described in the
lithium polymer batteries; routers and notification is authorized, subject to the
network switches; microphones; CDs, FTZ Act and the Board’s regulations,
DEPARTMENT OF COMMERCE including Section 400.14.
software; solid state drives;
Foreign-Trade Zones Board semiconductor media; monitors; Dated: January 3, 2017.
capacitors; fuses; circuit breakers; power Andrew McGilvray,
[B–1–2017]
strips; relays; switches; electrical Executive Secretary.
Foreign-Trade Zone (FTZ) 221—Mesa, connectors; optical fiber cable [FR Doc. 2017–00147 Filed 1–6–17; 8:45 am]
Arizona; Notification of Proposed connectors; terminals; power strips with BILLING CODE 3510–DS–P
Production Activity; Apple Inc. (Data rack mounts; diodes; transistors;
Server Cabinets); Mesa, Arizona thyristors; LEDs; electronic integrated
circuits; infrared LED strips; data server DEPARTMENT OF COMMERCE
The City of Mesa Office of Economic cables; copper and power cables; cables;
Development, grantee of FTZ 221, optical fiber cables; metal furniture; Foreign-Trade Zones Board
submitted a notification of proposed and, server rack rails (duty rate ranges
production activity to the FTZ Board on [B–02–2017]
from duty-free to 8.6%).
behalf of Apple Inc. (Apple), located in
sradovich on DSK3GMQ082PROD with NOTICES
Public comment is invited from Foreign-Trade Zone (FTZ) 44—Morris
Mesa, Arizona. The notification interested parties. Submissions shall be County, New Jersey; Notification of
conforming to the requirements of the addressed to the Board’s Executive Proposed Production Activity; AGFA
regulations of the FTZ Board (15 CFR Secretary at the address below. The Corporation (Aluminum Digital Printing
400.22) was received on December 27, closing period for their receipt is Plates); Branchburg, New Jersey
2016. February 21, 2017.
Apple already has authority to A copy of the notification will be AGFA Corporation (AGFA) submitted
produce certain components for available for public inspection at the a notification of proposed production
VerDate Sep<11>2014 21:41 Jan 06, 2017 Jkt 241001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\09JAN1.SGM 09JAN1](https://thefederalregister.org/doc/82_FR_2314/page/3.svg)
Document Created: 2018-10-24 11:12:03
Document Modified: 2018-10-24 11:12:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice of Solicitation of Applications (NOSA). | |
| Dates | Unless otherwise extended by a notice of funds availability, applications for the first application window under this NOSA must be submitted from March 1, 2017, through March 31, 2017, and for the second application window from September 1, 2017, through September 30, 2017. Applications can only be submitted through the Agency's online application system during the periods specified above; however, applicants may begin working on their applications in the online system as outlined below. | |
| Contact | For further information contact Shawn Arner, Deputy Assistant Administrator, Loan Originations and Approval Division, Rural Utilities Service, Room 2844, STOP 1597, 1400 Independence Avenue SW., Washington, DC 20250-1597, Telephone: (202) 720-0800, or email: [email protected] | |
| FR Citation | 82 FR 2309 |
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