82_FR_2314 82 FR 2309 - Rural Broadband Access Loans and Loan Guarantees Program

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)

Page Range2309-2311
FR Document2017-00137

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.

Federal Register, Volume 82 Issue 5 (Monday, January 9, 2017)
[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



                                                                                                                                                                                                   2309

                                                Notices                                                                                                        Federal Register
                                                                                                                                                               Vol. 82, No. 5

                                                                                                                                                               Monday, January 9, 2017



                                                This section of the FEDERAL REGISTER                    ‘‘Broadband Program’’) is authorized by                additional assistance with completing
                                                contains documents other than rules or                  the Rural Electrification Act (7 U.S.C.                the application and will begin reviewing
                                                proposed rules that are applicable to the               901 et seq.), as amended by the                        the application for conformance with
                                                public. Notices of hearings and investigations,         Agricultural Act of 2014 (Pub. L. 113–                 the broadband regulation with respect to
                                                committee meetings, agency decisions and                79) also referred to as the 2014 Farm                  eligibility and technical and financial
                                                rulings, delegations of authority, filing of
                                                petitions and applications and agency
                                                                                                        Bill.                                                  feasibility. In addition, once an
                                                statements of organization and functions are               During FY 2017, loans will be made                  application is formally submitted
                                                examples of documents appearing in this                 available for the construction,                        through the online system, the applicant
                                                section.                                                improvement, and acquisition of                        can no longer submit supporting
                                                                                                        facilities and equipment to provide                    information. For assistance with an
                                                                                                        service at the broadband lending speed                 application, please contact Shawn
                                                DEPARTMENT OF AGRICULTURE                               for eligible rural areas. Applications are             Arner, Deputy Assistant Administrator,
                                                                                                        subject to the requirements of 7 CFR                   Loan Originations and Approval
                                                Rural Utilities Service                                 1738.                                                  Division, Rural Utilities Service, Room
                                                                                                                                                               2844, STOP 1597, 1400 Independence
                                                Rural Broadband Access Loans and                        Application Assistance
                                                                                                                                                               Avenue SW., Washington, DC 20250–
                                                Loan Guarantees Program                                    Since the implementation of the                     1597, Telephone: (202) 720–0800, or
                                                AGENCY: Rural Utilities Service, USDA.                  requirements of the 2014 Farm Bill, RUS                email: Shawn.Arner@wdc.usda.gov. If
                                                ACTION: Notice of Solicitation of                       has held two application windows.                      an application is ultimately found to be
                                                Applications (NOSA).                                    After reviewing the applications for                   incomplete or inadequate for funding
                                                                                                        eligibility, RUS has determined that                   after it is formally submitted, a detailed
                                                SUMMARY:    The Rural Utilities Service                 there is considerable misunderstanding                 explanation will be provided to the
                                                (RUS), an agency of the United States                   of the revised requirements for the                    applicant at least thirty days prior to the
                                                Department of Agriculture (USDA),                       Broadband Program. Under the two                       opening of the second window of FY
                                                announces that it is accepting                          previous windows, once an application                  2017 for formally submitting
                                                applications for fiscal year (FY) 2017 for              was submitted, RUS could not contact                   applications.
                                                the Rural Broadband Access Loan and                     an applicant for additional information                   The second pre-application window
                                                Loan Guarantee program (the Broadband                   and the application had to be evaluated                will open on July 1, 2017, and
                                                Program). There will be two application                 on the information that was submitted.                 application assistance will be available
                                                windows for FY 2017.                                    If incorrect or inadequate information                 until the application is formally
                                                   In addition to announcing the                        was submitted or a regulatory                          submitted for consideration by the
                                                application windows, RUS announces                      requirement was not met, an applicant                  applicant, but not later than midnight,
                                                the minimum and maximum amounts                         did not have the ability to adjust its                 Eastern Time, on September 22, 2017.
                                                for broadband loans for FY 2017.                        application and RUS was forced to                      As with the first pre-application
                                                DATES: Unless otherwise extended by a                   reject it as incomplete or inadequate. In              window, once an application is formally
                                                notice of funds availability, applications              order to break with the pattern of wide                submitted, RUS will be unable to
                                                for the first application window under                  scale applications that do not meet the                provide additional assistance with
                                                this NOSA must be submitted from                        regulation’s requirements, RUS will                    completing the application and will
                                                March 1, 2017, through March 31, 2017,                  place additional emphasis on providing                 begin reviewing the application for
                                                and for the second application window                   assistance to applicants with submitting               conformance with the broadband
                                                from September 1, 2017, through                         complete applications. As a result, RUS                regulation with respect to eligibility and
                                                September 30, 2017. Applications can                    will open pre-application periods, in                  technical and financial feasibility. In
                                                only be submitted through the Agency’s                  which National Office staff as well as                 addition, once an application is
                                                online application system during the                    the General Field Representative                       formally submitted through the online
                                                periods specified above; however,                       assigned to the project will be able to                system, the applicant can no longer
                                                applicants may begin working on their                   review the draft application, provide                  submit supporting information. Please
                                                applications in the online system as                    detailed comments, and identify when                   contact Shawn Arner at the above
                                                outlined below.                                         an application is not meeting eligibility              contact information if you would like
                                                FOR FURTHER INFORMATION CONTACT: For                    requirements for funding. The online                   assistance with your application. If an
                                                further information contact Shawn                       application system will allow RUS staff                application is ultimately found to be
                                                Arner, Deputy Assistant Administrator,                  to assist an applicant with completing                 incomplete or inadequate, a detailed
                                                Loan Originations and Approval                          every part of an application as it is being            explanation will be provided to the
                                                Division, Rural Utilities Service, Room                 developed.                                             applicant.
                                                2844, STOP 1597, 1400 Independence                         The first pre-application window will                  To further assist in the preparation of
                                                                                                        open on January 9, 2017, and                           applications, an application guide is
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                                                Avenue SW., Washington, DC 20250–
                                                1597, Telephone: (202) 720–0800, or                     application assistance will be available               available online at: http://
                                                email: Shawn.Arner@wdc.usda.gov.                        until the application is formally                      www.rd.usda.gov/programs-services/
                                                SUPPLEMENTARY INFORMATION:                              submitted for consideration by the                     farm-bill-broadband-loans-loan-
                                                                                                        applicant, but no later than midnight,                 guarantees. Application guides may also
                                                General Information                                     Eastern Time, on March 24, 2017. Once                  be requested from the RUS contact
                                                  The Rural Broadband Access Loan                       the application is formally submitted,                 listed in the FOR FURTHER INFORMATION
                                                and Loan Guarantee Program (the                         RUS will be unable to provide                          CONTACT section of this notice.



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                                                2310                           Federal Register / Vol. 82, No. 5 / Monday, January 9, 2017 / Notices

                                                   Application requirements: All                        months of the application submission                   which applicants must propose to offer
                                                requirements for submission of an                       date.                                                  new broadband service is a minimum
                                                application under the Broadband                            • Methodology and Assumptions                       bandwidth of ten megabits downstream
                                                Program are subject to 7 CFR 1738.                      included with Financial Information (7                 and one megabit upstream for mobile
                                                   Application Materials/Submission:                    CFR 1738.211): The narrative explaining                service and twenty-five megabits
                                                Applications must be submitted through                  the methodology and assumptions used                   downstream and three megabits
                                                the Agency’s online application system                  to develop the financial projections for               upstream for fixed service to the
                                                located at http://www.rd.usda.gov/                      the five-year forecast period (7 CFR                   customer.
                                                programs-services/rd-apply. All                         1738.211(b)(2)) and the adjusted
                                                                                                        financial projections, if applicable (7                Priority for Approving Loan
                                                materials required for completing an                                                                           Applications
                                                application are included in the online                  CFR 1738.208(a)(2)), must adequately
                                                system.                                                 address every category in the pro-forma                   Applications for FY 2017 will be
                                                   Items of Special Emphasis: The                       financial statements. This narrative                   accepted from March 1, 2017, through
                                                following items have been overlooked or                 should include a discussion of any                     March 30, 2017, for the first application
                                                inadequately addressed in a number of                   historical trends or anomalies and their               window and from September 1, 2017,
                                                applications received in the last two                   impact on the forecast(s). The applicant               through September 30, 2017, for the
                                                application cycles. They are highlighted                should not only include any                            second application window. Although
                                                below to help ensure that future                        calculations or percentage changes in                  review of applications will start when
                                                applications do not have the same                       the assumptions but also discuss the                   they are submitted for each window, all
                                                deficiencies.                                           reasons for choosing any multipliers or                applications submitted for the first
                                                   • Calculation of Additional Cash                     percentage increases/decreases for the                 application period will be evaluated and
                                                Requirement 7 CFR 1738.208: Certain                     forecast.                                              ranked together based on the percentage
                                                                                                           • Audited Financial Statements vs.                  of unserved households in the proposed
                                                applications may need to satisfy an
                                                                                                        Unaudited Financial Statements plus                    funded service area. Likewise, all
                                                additional cash requirement even
                                                                                                        Tax Returns (7 CFR 1738.211(a)(1)–(3)):                applications submitted for the second
                                                though they have addressed the equity
                                                                                                        Audited financial statements submitted                 window will be evaluated and ranked
                                                requirement covered in 7 CFR 1738.207
                                                                                                        in compliance with 7 CFR                               together based on the percentage of
                                                (an element of a complete application in
                                                                                                        1738.211(a)(1)–(3) must be audited and                 unserved households in the proposed
                                                accordance with 7 CFR 1738.202(c)). If
                                                                                                        certified by an independent certified                  funded service area. Subject to available
                                                an applicant is either a start-up
                                                                                                        public accountant (CPA) and include an                 funding, eligible applications that
                                                operation or has not demonstrated
                                                                                                        opinion, balance sheet, income                         propose to serve the highest percentage
                                                positive cash flow from operations for
                                                                                                        statement, statement of changes in                     of unserved households will receive
                                                the two years prior to the submission
                                                                                                        financial position, and notes to the                   funding offers before other eligible
                                                date of the application, then the
                                                                                                        financial statements. Compilations or                  applications that have been submitted.
                                                applicant must submit adjusted
                                                                                                        reviews are considered unaudited                       The amount available for each window
                                                financial projections in which projected
                                                                                                        financial statements, even if a CPA was                will be published on the Agency Web
                                                revenues are decreased by 50 percent for
                                                                                                        involved in their preparation or                       page once the annual appropriation
                                                each year of the five-year forecast
                                                                                                        presentation. If an applicant submits                  process has been completed.
                                                period, unless revenues are based on
                                                                                                        unaudited statements, tax returns for the                 Applications will not be accepted
                                                documented binding commitments
                                                                                                        relevant years are also required. Start-up             after September 30, 2017, until a new
                                                which would preclude such a drop. If
                                                                                                        entities must provide, at a minimum, an                funding window has been opened with
                                                the adjusted financial projections show
                                                                                                        opening balance sheet dated within 30                  the publication of an additional NOSA
                                                an inadequate cash balance at the end
                                                                                                        days of the final submission of all                    in the Federal Register.
                                                of any year during the five-year forecast
                                                                                                        application material.
                                                period, the amount of cash necessary to                                                                        Paperwork Reduction Act
                                                eliminate that cash insufficiency is the                Minimum and Maximum Loan                                 In accordance with the Paperwork
                                                Additional Cash Requirement for the                     Amounts                                                Reduction Act of 1995, the information
                                                application.                                              Loans under this authority will not be               collection requirements associated with
                                                   • Equity requirement 7 CFR 1738.207:                 made for less than $100,000. The                       Broadband loans, as covered in this
                                                If an applicant has equity at the time of               maximum loan amount that will be                       NOSA, have been approved by the
                                                application equal to less than 10 percent               considered for FY 2017 is $10,000,000.                 Office of Management and Budget
                                                of the requested loan amount, then the                                                                         (OMB) under OMB Control Number
                                                applicant must submit either an investor                Required Definitions for Broadband
                                                                                                                                                               0572–0130.
                                                commitment or a commitment to issue                     Program Regulation
                                                a general obligation bond, along with a                    The regulation for the Broadband                    USDA Non-Discrimination Statement
                                                legal opinion demonstrating that the                    Program requires that certain definitions                 In accordance with Federal civil
                                                applicant has the authority to issue such               affecting eligibility be revised and                   rights law and U.S. Department of
                                                a bond in an amount sufficient to meet                  published from time to time by the                     Agriculture (USDA) civil rights
                                                the equity requirement (this second                     agency in the Federal Register. For the                regulations and policies, the USDA, its
                                                option is available to State, Tribal and                purposes of this NOSA, the agency is                   Agencies, offices, and employees, and
                                                local government applicants only). If an                revising the definition of Broadband                   institutions participating in or
                                                applicant submits more than one                         Service, such that for applications                    administering USDA programs are
sradovich on DSK3GMQ082PROD with NOTICES




                                                application, then the equity requirement                submitted under these two windows,                     prohibited from discriminating based on
                                                will be calculated based on the sum of                  existing Broadband Service shall mean                  race, color, national origin, religion, sex,
                                                the requested loan amounts, as if all                   the minimum rate-of-data transmission                  gender identity (including gender
                                                applications will be successful.                        of ten megabits downstream and one                     expression), sexual orientation,
                                                   • Market survey (7 CFR 1738.209): If                 megabit upstream for both mobile and                   disability, age, marital status, family/
                                                a market survey is required, the survey                 fixed service. With respect to the                     parental status, income derived from a
                                                must have been completed within 6                       Broadband Lending Speed, the rate at                   public assistance program, political


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                                                                               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


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Document Created: 2018-10-24 11:12:03
Document Modified: 2018-10-24 11:12:03
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 of Solicitation of Applications (NOSA).
DatesUnless 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.
ContactFor 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 Citation82 FR 2309 

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