82_FR_48676 82 FR 48476 - Announcement of Loan Refinancing Procedures, and Deadlines for the Refinancing of Federal Financing Bank Loans Pilot Program (Refinancing Program)

82 FR 48476 - Announcement of Loan Refinancing Procedures, and Deadlines for the Refinancing of Federal Financing Bank Loans Pilot Program (Refinancing Program)

DEPARTMENT OF AGRICULTURE
Rural Utilities Service

Federal Register Volume 82, Issue 200 (October 18, 2017)

Page Range48476-48480
FR Document2017-22623

The Rural Utilities Service (RUS), an agency of the United States Department of Agriculture (USDA), is soliciting Letters of Intent and opening a window for a pilot program to refinance a loan, or any part thereof, consisting of one or more whole but not partial advance(s), made under a loan by the Federal Financing Bank (FFB) and guaranteed by RUS. RUS is announcing the process for the Refinancing of Federal Financing Bank Loans Pilot Program (Refinancing Program) made to RUS Electric Program borrowers operating as an electric utility (Eligible entity). This notice describes the eligibility requirements, the process and deadlines, and the criteria that will be used by RUS to assess refinancing requests from Eligible entities with outstanding FFB debt. The Refinancing Program will refinance a higher interest rate loan or a portion thereof i.e., one or more advance under a FFB loan at the interest rate available as of the date of the advance of the new FFB loan used to refinance the outstanding FFB loan. A new FFB loan will be advanced to prepay the FFB loan. A maximum amount for refinancing per Eligible entity is also being announced. The new FFB loan will be made for the amount identified solely by FFB and RUS to prepay the outstanding FFB loan together with the required prepayment premium, if applicable. In order to maximize the Refinancing Program and the benefits to electric consumers, the Eligible entity will have the option of paying the prepayment premium or rolling the amount into the new FFB loan. The Refinancing Program is made available under Section 749 of the Public Law 115-31, Consolidated Appropriations, Act 2017 (section 749).

Federal Register, Volume 82 Issue 200 (Wednesday, October 18, 2017)
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Pages 48476-48480]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22623]


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DEPARTMENT OF AGRICULTURE

Rural Utilities Service


Announcement of Loan Refinancing Procedures, and Deadlines for 
the Refinancing of Federal Financing Bank Loans Pilot Program 
(Refinancing Program)

AGENCY: Rural Development, Rural Utilities Service (RUS), USDA.

ACTION: Notice of solicitation for letters of intent.

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SUMMARY: The Rural Utilities Service (RUS), an agency of the United 
States Department of Agriculture (USDA), is soliciting Letters of 
Intent and opening a window for a pilot program to refinance a loan, or 
any part thereof, consisting of one or more whole but not partial 
advance(s), made under a loan by the Federal Financing Bank (FFB) and 
guaranteed by RUS. RUS is announcing the process for the Refinancing of 
Federal Financing Bank Loans Pilot Program (Refinancing Program) made 
to RUS Electric Program borrowers operating as an electric utility 
(Eligible entity). This notice describes the eligibility requirements, 
the process and deadlines, and the criteria that will be used by RUS to 
assess refinancing requests from Eligible entities with outstanding FFB 
debt. The Refinancing Program will refinance a higher interest rate 
loan or a portion thereof i.e., one or more advance under a FFB loan at 
the interest rate available as of the date of the advance of the new 
FFB loan used to refinance the outstanding FFB loan. A new FFB loan 
will be advanced to prepay the FFB loan. A maximum amount for 
refinancing per Eligible entity is also being announced. The new FFB 
loan will be made for the amount identified solely by FFB and RUS to 
prepay the outstanding FFB loan together with the required prepayment 
premium, if applicable. In order to maximize the Refinancing Program 
and the benefits to electric consumers, the Eligible entity will have 
the option of paying the prepayment premium or rolling the amount into 
the new FFB loan. The Refinancing Program is made available under 
Section 749 of the Public Law 115-31, Consolidated Appropriations, Act 
2017 (section 749).

DATES: To be considered for this program, borrowers must submit their 
documentation no later than the dates set forth herein. Failure to 
comply with the following deadlines will prevent RUS from considering 
the borrower for the Refinancing Program.
    Step 1: To be considered for the Refinancing Program an Eligible 
entity must submit a Letter of Intent (LOI), as provided herein, in an 
electronic Portable Document Format (PDF) by electronic mail (email) to 
[email protected] no later than 11:59 p.m. (EST) on November 17, 
2017. Late or incomplete Letters of Intent will not be considered by 
RUS for this

[[Page 48477]]

Refunding Program. No exceptions will be made.
    Step 2: RUS will evaluate all LOI's received by the deadline 
identified above. If the dollar amount for all eligible requests is 
less than the total dollar amount authorized by Congress for this pilot 
program requests will be processed in the order in which they were 
received. If the amount requested exceeds the total amount authorized 
by Congress, RUS will prioritize all requests, in the manner stated 
below.
    Step 3: An Eligible entity will be notified of its acceptance by 
means of an Invitation to proceed. Only, after a borrower is notified 
of its acceptance for the Refinancing Program, will an estimate of the 
amount due, including the prepayment premium, if any, be provided. An 
Eligible entity will have seven (7) business days to notify RUS of its 
intent to proceed to refinance and whether the prepayment premium, if 
any, will be paid, in full, or rolled into the new FFB loan. If RUS has 
not been notified of such intent to proceed, within the time limit, the 
request will be denied. See below for the additional steps necessary to 
document and complete the refinancing.

ADDRESSES: Copies of this NOSA and other information on the Refinancing 
Program may be obtained by:
    (1) Contacting Jonathan Claffey at (202) 692-0093, to request a 
copy of this Notice.
    (2) Sending an electronic mail (email) to [email protected]. 
The email must be identified as Refinancing Program Notice of 
Solicitation for Applications in the subject field.
    (3) The Letter of intent must be submitted by the Eligible entity 
in an electronic PDF (PDF) not to exceed 10 Megabytes (10 MB) by 
electronic mail (email) to [email protected] before the deadline 
set forth herein. No paper letters of intent will be accepted.
    (4) RUS may request additional information from an Eligible entity, 
if necessary.

FOR FURTHER INFORMATION CONTACT: Jonathan Claffey, Office of the 
Assistant Administrator, Rural Utilities Service, Rural Development, 
United States Department of Agriculture, 1400 Independence Avenue SW., 
STOP 1560 Room 5165-S, Washington, DC 20250; Telephone: (202) 720-9545; 
Email: [email protected].

SUPPLEMENTARY INFORMATION: 

Overview

    Federal Agency: Rural Utilities Service (RUS), USDA.
    Funding Opportunity Title: Refinancing Pilot Program (Refinancing 
Program).
    Announcement Type: Requests for Letter of intent.
    Catalog of Federal Domestic Assistance (CFDA) Number: Not 
applicable.
    Dates: Submit the Letter of intent on or before November 17, 2017.

Administrative Procedure Act Statement

    This Notice of Solicitation for Letters of Intent (NOSA) is being 
issued without advance rulemaking or public comment. The Administrative 
Procedure Act of 1946, as amended (5 U.S.C. 553) (APA), has several 
exemptions to rulemaking requirements. Among them is an exception for a 
matter relating to ``loans, grants, benefits, or contracts.'' 
Furthermore, the 30 day effective date policy is accepted for ``good 
cause.''
    USDA has determined, consistent with the APA that making these 
funds available under this NOSA for the Refinancing Program is in the 
public interest since the Consolidated Appropriations Act 2017, (Pub. 
L. 115-31) appropriated a budget authority of $600,000,000 on the 
condition that refinancing involved will benefit the ratepayers of the 
Eligible entity. As such, the timely submission and processing of all 
requests and documents is necessary in order to maximize the savings 
and benefit rural ratepayers. Delays in processing requests would most 
likely have the effect of decreasing the potential savings resulting 
from such refinancing of outstanding debt. In order to do this, the 
Agency decided to move forward with developing procedures for the 
Refinancing Program within a NOSA instead of rulemaking in order to 
meet the statutory mandate to implement this new program. The Agency 
intends to test this new program this year with available funds under 
this NOSA and will revisit it if permanent authority for the program is 
granted

Information Collection and Recordkeeping Requirements

    There are no new information collection or recordkeeping 
requirements. All information collection and recordkeeping requirements 
are contained in previously approved paperwork packages covering 
various Electric Program regulations.

Definitions

    For the purpose of the Refinancing Program, the following terms 
have the following meanings:
    Administrator means the Administrator of the Rural Utilities 
Service, an agency under the Rural Development mission area of the 
United States Department of Agriculture.
    Advance means amounts advanced by FFB from time to time pursuant to 
a Future Advance Promissory Note payable to FFB and guaranteed by RUS 
made under a FFB loan.
    Conditional commitment letter means the notification issued by the 
Administrator to an Eligible entity advising it of the estimated terms, 
conditions and amount of the new FFB loan.
    Eligible entity means a RUS Electric Program borrower operating as 
an electric utility with an unpaid and outstanding FFB loan.
    FFB means the Federal Financing Bank.
    FFB loan means all or one or more, whole Advance made under a loan 
or loans made by FFB and guaranteed by RUS.
    Invitation to proceed means the written notification issued by RUS 
to the Eligible entity that the Letter of Intent was reviewed and 
accepted and inviting the Eligible entity to advance to the next steps 
in the process in the Refinancing Program.
    Letter of Intent means a signed letter issued by an Eligible entity 
notifying RUS of its intent to refinance a FFB loan containing the 
information required by RUS.

Additional Items in Supplementary Information

A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Submission Information
E. Agency Review of Letter of Intent and Process for Proceeding
F. Federal Awarding Agency Contact
G. Other Information

A. Program Description

    This is a pilot program authorized under section 749 of the Public 
Law 115-31, Consolidated Appropriations Act 2017 (section 749). 
Pursuant to section 749, RUS announces this pilot program which 
authorizes no more than $600 million in funds from loans made by the 
Federal Financing Bank (FFB) that are guaranteed under section 306 of 
the Rural Electrification Act of 1936 (the Act) to be used for 
refinancing debt pursuant to section 306C of the Act, including any 
associated prepayment penalties and prepayment or refinance premium.
    Eligible entities must demonstrate that the refinancing of the FFB 
loan will benefit its rate payers. No waiver of any prepayment premium 
will be granted;

[[Page 48478]]

however, an Eligible entity may include the prepayment premium in the 
new FFB loan amount used for refinancing (the remaining principal 
balance outstanding plus interest and any prepayment premium). The 
amount of the new FFB loan will be the estimated amount necessary for 
such purpose. Any amount not required to pay in full to refinance the 
unpaid and outstanding FFB loan will be rescinded by RUS and not 
available for Advance without any further action required by the 
Eligible entity. As such, time is of the essence in documenting and 
advancing the new FFB loan.
    Refinancing of a FFB loan under the Refinancing Program is not 
subject to section (c)(4) of section 306C of the Act (7 U.S.C. 
936C(c)(4), which prohibits refinancing a FFB loan with a maturity date 
that exceeds the years remaining on the FFB loan before refinancing. 
Under the Refinancing Program, an Eligible entity will be allowed to a 
select a maturity (not to exceed the final maturity date) for the 
Advance made under the new FFB note and select a new final maturity 
date not to exceed thirty-five (35) years. This additional flexibility 
and new final maturity date will further financially benefit the 
Eligible entity and its ratepayers. RUS will evaluate the requested FFB 
loan final maturity date to ensure that RUS continues to be adequately 
secured and that the new FFB loan will be repaid in the time agreed 
upon. In order to maximize the Refinancing Program, an Eligible entity 
will have the option of paying the prepayment premium, if any, on the 
due date or rolling the prepayment premium into the amount of the new 
FFB loan.

B. Federal Award Information

    Type of Award: Loan.
    Fiscal Year 2017 Funds: Not more than $600 million.

    Authority: The Refinancing Program is a pilot program to be 
carried out by the Rural Utilities Service pursuant to Section 749 
of the Consolidated Appropriations Act 2017, Public Law 115-31, May 
5, 2017.

C. Eligibility Information

    Eligible entity, as defined above.

D. Submission Information

1. Letter of Intent

    Interested parties must send an email to the contact listed in FOR 
FURTHER INFORMATION CONTACT section of this Notice to obtain an 
electronic sample of the Letter of intent. The sample Letter of intent 
can also be found online using the following web address: http://www.rd.usda.gov/Refinancing/.

2. Content of Letter of Intent

    An Eligible entity must submit the required information in its 
Letter of Intent (LOI). FFB loan refinancing will be processed in a 
multi-step process as described herein. An Eligible entity must submit 
all the information identified in the Letter of Intent ``Request for 
Refinancing of FFB Loan'' available online at the following web 
address: http://www.rd.usda.gov/Refinancing/.
    a. Letter of Intent. The following information (information is 
available on borrower's quarterly Statement of Account and Transactions 
(bill)) must be included in the LOI (as noted above incomplete LOI's 
will not be considered) so please review for completeness of 
information:
    i. FFB loan identification of each Future Advance Promissory Note 
payable to FFB (for example, ``R8'') and the Note Designation (ex 
00000000423, 00000000000425), including the following:
    (A) Identify the FFB Advance identifier (account number ex. H0015, 
H0045) of each Advance that will be refinanced;
    (B) Specify whether one or more Advance will be refinanced (partial 
advances will not be considered);
    (C) Identify the date of each Advance that will be refinanced;
    (D) Identify the interest rate of each Advance;
    (E) Specify the amount outstanding for each Advance that will be 
refinanced on latest quarterly bill;
    (F) List all Advances in order of their refinancing priority (due 
to cap identified below) (all FFB loans intended to be refinanced 
should be prioritized and listed in case additional funds are available 
for this Refinancing Program); and
    (G) A contact name, number and email.
    ii. Short narrative demonstrating how the refinancing of the FFB 
loan will benefit its rate payers including, but not limited, to 
estimated savings to ratepayers, increased investment in energy 
efficiency or plant modernization, other factors resulting from savings 
associated with the refinancing, etc.
    iii. Requested final maturity date for the new FFB loan. The 
requested final maturity date must be for a period not to exceed 
thirty-five years. An Eligible entity must submit a certification 
stating that the remaining useful life of its electric system is equal 
to or exceeds the new requested final maturity date and, that the 
requested final maturity date does not exceed the term of its wholesale 
power contract with its members or with its generation and transmission 
supplier. If the remaining useful life of its electric system or the 
wholesale power contract term is less than the final maturity date 
requested, the final maturity date will be modified for a shorter 
period.
    b. After evaluating the request and the information specified 
below, RUS will send an Invitation to proceed identifying the FFB loan 
that will be refinanced and describing the next steps in the process. 
Additionally, RUS together with FFB will provide an estimate of the 
maximum principal amount of the new FFB loan needed to refinance the 
selected FFB loan and the estimated amount of the prepayment premium, 
if any. An Eligible entity will make its regularly scheduled quarterly 
payment on the FFB loan. The initial estimate will be for the first 
business day after the end of the quarter. However, an Eligible entity 
may select another date in the quarter that is not the last day of the 
quarter to refinance its FFB loan. If a day other than the first day is 
chosen, all accrued interest, applicable fees and premium are due and 
payable on or before the refinancing day. RUS and FFB retain the right 
to move the refinancing date to another business day in the quarter if 
there are too many to process on any one day.
    c. An Eligible entity will have seven business days to confirm, in 
writing, (including email) its intent to proceed with the refinancing, 
whether it will pay the prepayment premium, in full, on the refinancing 
date or roll the amount into the new FFB loan and a final 
prioritization of only the previously RUS accepted and identified FFB 
loan, up to the cap amount.
    d. Upon receipt of the confirmation of the intent to proceed, an 
Eligible entity will receive a Conditional commitment letter that must 
be executed and the terms, conditions, if any, and the amount of the 
FFB loan accepted by the Eligible entity. The Eligible entity will then 
receive an FFB note and RUS Reimbursement note to execute. If 
necessary, authentication by its indenture trustee will be required. A 
supplemental indenture or other security instrument and related 
documents may be required to secure the FFB note and RUS Reimbursement 
note.
    e. An Eligible entity must return the executed FFB note and RUS 
Reimbursement note together with its Advance Request, attached as Annex 
A to the FFB note, and any other required loan documents in a timely 
manner, as set forth in Section E. 3. d. The Advance

[[Page 48479]]

Request, specifying the chosen options, should be marked 
``REFINANCING.''

3. Compliance With Other Federal Statutes

    No additional compliance verification is necessary.

4. Funding Restriction

    See below.

5. Submission Requirements

    The refinancing process consists of several steps.
    a. To be considered for the Refinancing Program for this fiscal 
year, a Borrower must submit its mandatory Letter of intent, that 
complies with the requirements in section D (2) of this Notice, in a 
PDF file, not to exceed 10 MB in size, by electronic mail (email) to 
[email protected] no later than 11:59 p.m. (EST) on November 17, 
2017.
    b. By submitting the Letter of intent, the Eligible entity 
indicates to RUS that it intends to participate in the Refinancing 
Program, as described above and as identified in the LOI. RUS by 
extending an Invitation to proceed to an Eligible entity in the queue, 
a LOI does not obligate the Eligible entity to proceed. However, 
Eligible entities will only have seven business days to notify RUS 
whether it will proceed, as described above.
    c. The borrower must execute and return new FFB note and any other 
required documents.

E. Agency Review of Letter of Intent and Process for Proceeding

1. Letter of Intent

    RUS will consider complete Letters of Intent as they are received. 
Letters of intent will be reviewed by RUS for completeness.

2. Processing of Requests, Prioritization, and Maximum Refinancing 
Amount

    (a) Processing Requests and Prioritization. RUS will evaluate all 
LOI's received by the deadline identified above. If the dollar amount 
for all eligible requests is less than the total dollar amount 
authorized by Congress for this Refinancing Program, requests will be 
processed in the order in which they were received. If the amount 
requested exceeds the total amount authorized by Congress, RUS will 
prioritize all requests based on the following criteria:
    (i) First, by the highest cumulative weighted average interest rate 
on the FFB loan to be refinanced; and
    (ii) Second, by the order in which the request was received.
    (b) Maximum amount to any one Eligible entity. An Eligible entity 
may request any dollar amount and number of FFB loans for refinancing 
and are encouraged to do so. However, in order to ensure the widest 
practical use of the appropriated funds and that the greatest number of 
ratepayers are benefited, each Eligible entity will be limited to $100 
million of refinancing. As such, an Eligible entity in its LOI should 
additionally list, in order, its priority for the requested 
refinancing. RUS, in its sole discretion, reserves the right to reduce 
an Eligible entity's maximum amount to $75 million if the total amount 
requested by all Eligible entities exceeds the authorized amount by 50 
percent or more to maximize the use of the funds and benefit more 
Eligible entities and electric consumers/ratepayers. Due to the nature 
of potential changes in interest rates, time is of the essence in 
processing and documenting requests under the Refinancing Program, 
including returning to RUS the new FFB note, Reimbursement note and all 
other required documents.
    If, after considering all eligible requests Refinancing Program 
funds remain available or otherwise become available, RUS will consider 
requests greater than $100 million based on the order in which the LOI 
was received up to an additional $100 million for each Eligible entity.
    If additional funds are authorized for the Refinancing Program or 
for refinancing of FFB debt pursuant to section 306C of the Act, RUS 
reserves the right, in its sole discretion, to consider the requests 
received pursuant to this NOSA or to issue a new notice.

3. Process

    a. After evaluating the request and the information specified 
below, RUS will send an Invitation to proceed identifying the Advance 
accepted for refinancing and describing the next steps in the process. 
Additionally, RUS together with FFB will provide an initial estimate of 
the amount of the new FFB loan needed to refinance the selected Advance 
and the estimated amount of the prepayment premium, if any. An Eligible 
entity will make its regularly scheduled quarterly payment in the full 
amount. The estimate will be for the first business day after the end 
of the quarter. However, an Eligible entity may select another date in 
the quarter that is not the last day of the quarter to refinance its 
Advance. RUS and FFB retain the right to move the refinancing date to 
another business day in the quarter if RUS and FFB determine that there 
are too many to process on any one day.
    b. An Eligible entity will have seven business days to confirm, in 
writing, (including email) its intent to proceed with the refinancing, 
whether it will pay the prepayment premium, in full, on the refinancing 
date or roll the amount into the new FFB loan, and a final 
prioritization of an Advance after reviewing the prepayment premium, if 
any, up to the cap amount. An Eligible entity will not be allowed to 
add or substitute an Advance based on the estimate. However, an Advance 
can be deleted from the final refinancing prior to receipt by the 
Eligible entity of the new FFB note. The final total amount necessary 
to refinance the FFB loan will be provided by RUS two business days 
before the scheduled refinancing date.
    c. Upon receipt of the confirmation of the intent to proceed, an 
Eligible entity will receive a Conditional commitment letter that must 
be executed and accepted. After that, a new FFB note and RUS 
Reimbursement note will be sent for execution. If necessary, both notes 
will need to be authenticated by the Eligible Entity's indenture 
trustee. A supplemental indenture or other security instrument any 
related documents may be required to secure the FFB note and RUS 
Reimbursement note. If the prepayment premiums will be financed, the 
maximum principal amount of the FFB note will be rounded up two percent 
to be sufficient to prepay the amount in full. RUS reserves the right 
to change the rounding amount from two percent, if it determines that 
two percent is insufficient to accomplish the refinancing due to 
interest rate volatility. If the maximum principal amount of the 
executed FFB note is insufficient to cover all amounts due, according 
to the final amount provided two days in advance of the refinancing 
date, the Eligible entity is required to pay the deficient amount in 
full on or before the refinancing date.
    d. An Eligible entity must return the executed FFB note and RUS 
Reimbursement note together with its Advance Request and any other 
required documents in a timely manner. FFB will require five days to 
purchase the FFB note after RUS has reviewed and processed the FFB 
note. The Advance Request, specifying the options chosen, by the 
Eligible entity, should be marked ``REFINANCING.'' An Eligible entity 
will have the option of submitting no more than two Advance Requests 
(for ex. one for a short term maturity and one long term maturity or 
one for a long term maturity date not to exceed the final maturity 
date). If two are submitted they must be submitted simultaneously,

[[Page 48480]]

dated the same date, same Advance request date, and together the amount 
cannot exceed the maximum principal amount of the FFB note. No funds 
will be advanced directly to the Eligible entity but will be advanced 
to prepay the FFB loan, as agreed upon. As such, if all documents have 
not been returned to RUS by the 15th day of the third month of the 
quarter, the refinancing date will be moved to the first day of the 
next quarter.

F. Federal Awarding Agency Contact

    Jonathan Claffey, Office of the Administrator, Rural Utilities 
Service, Rural Development, United States Department of Agriculture, 
1400 Independence Avenue SW., STOP 1510, Room 5136-S, Washington, DC 
20250-1510; Telephone: (202) 720-0736; Email: [email protected].

G. Other Information

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 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:
    a. Mail: U.S. Department of Agriculture, Office of the Assistant 
Secretary for Civil Rights, 1400 Independence Avenue SW., Washington, 
DC 20250-9410;
    b. Facsimile: (202) 690-7442; or
    c. Email: [email protected].
    d. USDA is an equal opportunity provider, employer, and lender.

    Dated: October 12, 2017.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2017-22623 Filed 10-17-17; 8:45 am]
 BILLING CODE P



                                               48476

                                               Notices                                                                                                       Federal Register
                                                                                                                                                             Vol. 82, No. 200

                                                                                                                                                             Wednesday, October 18, 2017



                                               This section of the FEDERAL REGISTER                    contribute directly to the improvement                SUMMARY:    The Rural Utilities Service
                                               contains documents other than rules or                  of program management.                                (RUS), an agency of the United States
                                               proposed rules that are applicable to the                  Feedback collected under this generic              Department of Agriculture (USDA), is
                                               public. Notices of hearings and investigations,         clearance will provide useful                         soliciting Letters of Intent and opening
                                               committee meetings, agency decisions and                                                                      a window for a pilot program to
                                               rulings, delegations of authority, filing of
                                                                                                       information, but it will not yield data
                                               petitions and applications and agency                   that can be generalized to the overall                refinance a loan, or any part thereof,
                                               statements of organization and functions are            population. This type of generic                      consisting of one or more whole but not
                                               examples of documents appearing in this                 clearance for qualitative information                 partial advance(s), made under a loan by
                                               section.                                                will not be used for quantitative                     the Federal Financing Bank (FFB) and
                                                                                                       information collections that are                      guaranteed by RUS. RUS is announcing
                                                                                                       designed to yield reliably actionable                 the process for the Refinancing of
                                               DEPARTMENT OF AGRICULTURE                               results, such as monitoring trends over               Federal Financing Bank Loans Pilot
                                                                                                       time or documenting program                           Program (Refinancing Program) made to
                                               Submission for OMB Review;                              performance. Such data uses require                   RUS Electric Program borrowers
                                               Comment Request; 30-Day Federal                         more rigorous designs that address: The               operating as an electric utility (Eligible
                                               Register Notice; National Agricultural                  target population to which                            entity). This notice describes the
                                               Statistics Service                                      generalizations will be made, the                     eligibility requirements, the process and
                                                 Title: Fast Track Generic Clearance for               sampling frame, the sample design                     deadlines, and the criteria that will be
                                               the Collection of Qualitative Feedback                  (including stratification and clustering),            used by RUS to assess refinancing
                                               on Customer Satisfaction Surveys.                       the precision requirements or power                   requests from Eligible entities with
                                                 OMB Control Number: 0535—New.                         calculations that justify the proposed                outstanding FFB debt. The Refinancing
                                                 Summary of Collection: Executive                      sample size, the expected response rate,              Program will refinance a higher interest
                                               Order 12862 directs Federal agencies to                 methods for assessing potential non-                  rate loan or a portion thereof i.e., one or
                                               provide service to the public that                      response bias, the protocols for data                 more advance under a FFB loan at the
                                               matches or exceeds the best service                     collection, and any testing procedures                interest rate available as of the date of
                                               available in the private sector.                        that were or will be undertaken prior                 the advance of the new FFB loan used
                                               Improving National Agricultural                         fielding the study. Depending on the                  to refinance the outstanding FFB loan.
                                               Statistics Service (NASS) programs                      degree of influence the results are likely            A new FFB loan will be advanced to
                                               requires ongoing assessment of service                  to have, such collections may still be                prepay the FFB loan. A maximum
                                               delivery, by which we mean systematic                   eligible for submission for other generic             amount for refinancing per Eligible
                                               review of the operation of a program,                   mechanisms that are designed to yield                 entity is also being announced. The new
                                               the quality, usability, and ease of                     quantitative results.                                 FFB loan will be made for the amount
                                               accessing our surveys and public                           Description of Respondents: Farms;                 identified solely by FFB and RUS to
                                               information compared to a set of                        Business or other for-profit; Not-for-                prepay the outstanding FFB loan
                                               explicit or implicit standards, as a                    profit Institutions and State, Local or               together with the required prepayment
                                               means of contributing to the continuous                 Tribal Government.                                    premium, if applicable. In order to
                                               improvement of the program.                                Number of Respondents: 120,000.                    maximize the Refinancing Program and
                                                 Need and Use of the Information: The                     Frequency of Responses: Reporting:                 the benefits to electric consumers, the
                                               information collection activity will                    On occasion.                                          Eligible entity will have the option of
                                               garner qualitative customer and                            Total Burden Hours: 8,375.                         paying the prepayment premium or
                                               stakeholder feedback in an efficient,                                                                         rolling the amount into the new FFB
                                               timely manner, in accordance with the                   Charlene Parker,                                      loan. The Refinancing Program is made
                                               Administration’s commitment to                          Departmental Information Collection                   available under Section 749 of the
                                               improving service delivery. By                          Clearance Officer.                                    Public Law 115–31, Consolidated
                                               qualitative feedback we mean                            [FR Doc. 2017–22613 Filed 10–17–17; 8:45 am]          Appropriations, Act 2017 (section 749).
                                               information that provides useful                        BILLING CODE 3410–20–P                                DATES: To be considered for this
                                               insights on perceptions and opinions,                                                                         program, borrowers must submit their
                                               but are not statistical surveys that yield                                                                    documentation no later than the dates
                                               quantitative results that can be                        DEPARTMENT OF AGRICULTURE                             set forth herein. Failure to comply with
                                               generalized to the population of study.                                                                       the following deadlines will prevent
                                               This feedback will provide insights into                Rural Utilities Service                               RUS from considering the borrower for
                                               customer or stakeholder perceptions,                                                                          the Refinancing Program.
                                                                                                       Announcement of Loan Refinancing
                                               experiences and expectations, provide                                                                           Step 1: To be considered for the
                                                                                                       Procedures, and Deadlines for the
                                               an early warning of issues with service,                                                                      Refinancing Program an Eligible entity
                                                                                                       Refinancing of Federal Financing Bank
                                               or focus attention on areas where                                                                             must submit a Letter of Intent (LOI), as
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                                                                                                       Loans Pilot Program (Refinancing
                                               communication, training or changes in                                                                         provided herein, in an electronic
                                                                                                       Program)
                                               operations might improve delivery of                                                                          Portable Document Format (PDF) by
                                               products or services. These collections                 AGENCY:   Rural Development, Rural                    electronic mail (email) to REFINANCE-
                                               will allow for ongoing, collaborative and               Utilities Service (RUS), USDA.                        EP@RD.usda.gov no later than 11:59
                                               actionable communications between                                                                             p.m. (EST) on November 17, 2017. Late
                                                                                                       ACTION: Notice of solicitation for letters
                                               NASS and its customers and                                                                                    or incomplete Letters of Intent will not
                                                                                                       of intent.
                                               stakeholders. It will allow feedback to                                                                       be considered by RUS for this


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                                                                         Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices                                              48477

                                               Refunding Program. No exceptions will                     Funding Opportunity Title:                             Administrator means the
                                               be made.                                                Refinancing Pilot Program (Refinancing                Administrator of the Rural Utilities
                                                  Step 2: RUS will evaluate all LOI’s                  Program).                                             Service, an agency under the Rural
                                               received by the deadline identified                       Announcement Type: Requests for                     Development mission area of the United
                                               above. If the dollar amount for all                     Letter of intent.                                     States Department of Agriculture.
                                               eligible requests is less than the total                  Catalog of Federal Domestic                            Advance means amounts advanced by
                                               dollar amount authorized by Congress                    Assistance (CFDA) Number: Not                         FFB from time to time pursuant to a
                                               for this pilot program requests will be                 applicable.                                           Future Advance Promissory Note
                                               processed in the order in which they                      Dates: Submit the Letter of intent on               payable to FFB and guaranteed by RUS
                                               were received. If the amount requested                  or before November 17, 2017.                          made under a FFB loan.
                                               exceeds the total amount authorized by                  Administrative Procedure Act                             Conditional commitment letter means
                                               Congress, RUS will prioritize all                       Statement                                             the notification issued by the
                                               requests, in the manner stated below.                                                                         Administrator to an Eligible entity
                                                                                                          This Notice of Solicitation for Letters            advising it of the estimated terms,
                                                  Step 3: An Eligible entity will be                   of Intent (NOSA) is being issued                      conditions and amount of the new FFB
                                               notified of its acceptance by means of an               without advance rulemaking or public                  loan.
                                               Invitation to proceed. Only, after a                    comment. The Administrative                              Eligible entity means a RUS Electric
                                               borrower is notified of its acceptance for              Procedure Act of 1946, as amended (5                  Program borrower operating as an
                                               the Refinancing Program, will an                        U.S.C. 553) (APA), has several                        electric utility with an unpaid and
                                               estimate of the amount due, including                   exemptions to rulemaking requirements.                outstanding FFB loan.
                                               the prepayment premium, if any, be                      Among them is an exception for a                         FFB means the Federal Financing
                                               provided. An Eligible entity will have                  matter relating to ‘‘loans, grants,                   Bank.
                                               seven (7) business days to notify RUS of                benefits, or contracts.’’ Furthermore, the               FFB loan means all or one or more,
                                               its intent to proceed to refinance and                  30 day effective date policy is accepted              whole Advance made under a loan or
                                               whether the prepayment premium, if                      for ‘‘good cause.’’                                   loans made by FFB and guaranteed by
                                               any, will be paid, in full, or rolled into                 USDA has determined, consistent                    RUS.
                                               the new FFB loan. If RUS has not been                   with the APA that making these funds                     Invitation to proceed means the
                                               notified of such intent to proceed,                     available under this NOSA for the                     written notification issued by RUS to
                                               within the time limit, the request will be              Refinancing Program is in the public                  the Eligible entity that the Letter of
                                               denied. See below for the additional                    interest since the Consolidated                       Intent was reviewed and accepted and
                                               steps necessary to document and                         Appropriations Act 2017, (Pub. L. 115–                inviting the Eligible entity to advance to
                                               complete the refinancing.                               31) appropriated a budget authority of                the next steps in the process in the
                                               ADDRESSES:   Copies of this NOSA and                    $600,000,000 on the condition that                    Refinancing Program.
                                               other information on the Refinancing                    refinancing involved will benefit the                    Letter of Intent means a signed letter
                                               Program may be obtained by:                             ratepayers of the Eligible entity. As                 issued by an Eligible entity notifying
                                                 (1) Contacting Jonathan Claffey at                    such, the timely submission and                       RUS of its intent to refinance a FFB loan
                                               (202) 692–0093, to request a copy of this               processing of all requests and                        containing the information required by
                                               Notice.                                                 documents is necessary in order to                    RUS.
                                                 (2) Sending an electronic mail (email)                maximize the savings and benefit rural                Additional Items in Supplementary
                                               to jon.claffey@wdc.usda.gov. The email                  ratepayers. Delays in processing                      Information
                                               must be identified as Refinancing                       requests would most likely have the
                                                                                                       effect of decreasing the potential savings            A. Program Description
                                               Program Notice of Solicitation for                                                                            B. Federal Award Information
                                               Applications in the subject field.                      resulting from such refinancing of
                                                                                                                                                             C. Eligibility Information
                                                                                                       outstanding debt. In order to do this, the            D. Submission Information
                                                 (3) The Letter of intent must be                      Agency decided to move forward with
                                               submitted by the Eligible entity in an                                                                        E. Agency Review of Letter of Intent and
                                                                                                       developing procedures for the                           Process for Proceeding
                                               electronic PDF (PDF) not to exceed 10                   Refinancing Program within a NOSA                     F. Federal Awarding Agency Contact
                                               Megabytes (10 MB) by electronic mail                    instead of rulemaking in order to meet                G. Other Information
                                               (email) to REFINANCE-EP@RD.usda.gov                     the statutory mandate to implement this
                                               before the deadline set forth herein. No                                                                      A. Program Description
                                                                                                       new program. The Agency intends to
                                               paper letters of intent will be accepted.               test this new program this year with                    This is a pilot program authorized
                                                 (4) RUS may request additional                        available funds under this NOSA and                   under section 749 of the Public Law
                                               information from an Eligible entity, if                 will revisit it if permanent authority for            115–31, Consolidated Appropriations
                                               necessary.                                              the program is granted                                Act 2017 (section 749). Pursuant to
                                                                                                                                                             section 749, RUS announces this pilot
                                               FOR FURTHER INFORMATION CONTACT:                        Information Collection and                            program which authorizes no more than
                                               Jonathan Claffey, Office of the Assistant               Recordkeeping Requirements                            $600 million in funds from loans made
                                               Administrator, Rural Utilities Service,
                                                                                                         There are no new information                        by the Federal Financing Bank (FFB)
                                               Rural Development, United States
                                                                                                       collection or recordkeeping                           that are guaranteed under section 306 of
                                               Department of Agriculture, 1400
                                                                                                       requirements. All information collection              the Rural Electrification Act of 1936 (the
                                               Independence Avenue SW., STOP 1560
                                                                                                       and recordkeeping requirements are                    Act) to be used for refinancing debt
                                               Room 5165–S, Washington, DC 20250;
                                                                                                       contained in previously approved                      pursuant to section 306C of the Act,
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                                               Telephone: (202) 720–9545; Email:
                                                                                                       paperwork packages covering various                   including any associated prepayment
                                               jon.claffey@wdc.usda.gov.
                                                                                                       Electric Program regulations.                         penalties and prepayment or refinance
                                               SUPPLEMENTARY INFORMATION:                                                                                    premium.
                                                                                                       Definitions                                             Eligible entities must demonstrate
                                               Overview
                                                                                                         For the purpose of the Refinancing                  that the refinancing of the FFB loan will
                                                 Federal Agency: Rural Utilities                       Program, the following terms have the                 benefit its rate payers. No waiver of any
                                               Service (RUS), USDA.                                    following meanings:                                   prepayment premium will be granted;


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                                               48478                     Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices

                                               however, an Eligible entity may include                 2. Content of Letter of Intent                        wholesale power contract with its
                                               the prepayment premium in the new                          An Eligible entity must submit the                 members or with its generation and
                                               FFB loan amount used for refinancing                    required information in its Letter of                 transmission supplier. If the remaining
                                               (the remaining principal balance                        Intent (LOI). FFB loan refinancing will               useful life of its electric system or the
                                               outstanding plus interest and any                       be processed in a multi-step process as               wholesale power contract term is less
                                               prepayment premium). The amount of                      described herein. An Eligible entity                  than the final maturity date requested,
                                               the new FFB loan will be the estimated                  must submit all the information                       the final maturity date will be modified
                                               amount necessary for such purpose.                      identified in the Letter of Intent                    for a shorter period.
                                               Any amount not required to pay in full                  ‘‘Request for Refinancing of FFB Loan’’                  b. After evaluating the request and the
                                               to refinance the unpaid and outstanding                 available online at the following web                 information specified below, RUS will
                                               FFB loan will be rescinded by RUS and                   address: http://www.rd.usda.gov/                      send an Invitation to proceed
                                               not available for Advance without any                   Refinancing/.                                         identifying the FFB loan that will be
                                               further action required by the Eligible                    a. Letter of Intent. The following                 refinanced and describing the next steps
                                               entity. As such, time is of the essence                 information (information is available on              in the process. Additionally, RUS
                                               in documenting and advancing the new                    borrower’s quarterly Statement of                     together with FFB will provide an
                                               FFB loan.                                               Account and Transactions (bill)) must                 estimate of the maximum principal
                                                  Refinancing of a FFB loan under the                  be included in the LOI (as noted above                amount of the new FFB loan needed to
                                               Refinancing Program is not subject to                   incomplete LOI’s will not be                          refinance the selected FFB loan and the
                                               section (c)(4) of section 306C of the Act               considered) so please review for                      estimated amount of the prepayment
                                               (7 U.S.C. 936C(c)(4), which prohibits                   completeness of information:                          premium, if any. An Eligible entity will
                                               refinancing a FFB loan with a maturity                     i. FFB loan identification of each                 make its regularly scheduled quarterly
                                               date that exceeds the years remaining on                Future Advance Promissory Note                        payment on the FFB loan. The initial
                                               the FFB loan before refinancing. Under                  payable to FFB (for example, ‘‘R8’’) and              estimate will be for the first business
                                               the Refinancing Program, an Eligible                    the Note Designation (ex 00000000423,                 day after the end of the quarter.
                                               entity will be allowed to a select a                    00000000000425), including the                        However, an Eligible entity may select
                                               maturity (not to exceed the final                       following:                                            another date in the quarter that is not
                                               maturity date) for the Advance made                        (A) Identify the FFB Advance                       the last day of the quarter to refinance
                                               under the new FFB note and select a                     identifier (account number ex. H0015,                 its FFB loan. If a day other than the first
                                               new final maturity date not to exceed                   H0045) of each Advance that will be                   day is chosen, all accrued interest,
                                               thirty-five (35) years. This additional                 refinanced;                                           applicable fees and premium are due
                                               flexibility and new final maturity date                    (B) Specify whether one or more                    and payable on or before the refinancing
                                               will further financially benefit the                    Advance will be refinanced (partial                   day. RUS and FFB retain the right to
                                               Eligible entity and its ratepayers. RUS                 advances will not be considered);                     move the refinancing date to another
                                               will evaluate the requested FFB loan                       (C) Identify the date of each Advance              business day in the quarter if there are
                                               final maturity date to ensure that RUS                  that will be refinanced;                              too many to process on any one day.
                                               continues to be adequately secured and                     (D) Identify the interest rate of each                c. An Eligible entity will have seven
                                               that the new FFB loan will be repaid in                 Advance;                                              business days to confirm, in writing,
                                               the time agreed upon. In order to                          (E) Specify the amount outstanding                 (including email) its intent to proceed
                                               maximize the Refinancing Program, an                    for each Advance that will be refinanced              with the refinancing, whether it will pay
                                               Eligible entity will have the option of                 on latest quarterly bill;                             the prepayment premium, in full, on the
                                               paying the prepayment premium, if any,                     (F) List all Advances in order of their            refinancing date or roll the amount into
                                               on the due date or rolling the                          refinancing priority (due to cap                      the new FFB loan and a final
                                               prepayment premium into the amount                      identified below) (all FFB loans                      prioritization of only the previously
                                               of the new FFB loan.                                    intended to be refinanced should be                   RUS accepted and identified FFB loan,
                                               B. Federal Award Information                            prioritized and listed in case additional             up to the cap amount.
                                                                                                       funds are available for this Refinancing                 d. Upon receipt of the confirmation of
                                                 Type of Award: Loan.                                  Program); and                                         the intent to proceed, an Eligible entity
                                                 Fiscal Year 2017 Funds: Not more                         (G) A contact name, number and                     will receive a Conditional commitment
                                               than $600 million.                                      email.                                                letter that must be executed and the
                                                 Authority: The Refinancing Program is a                  ii. Short narrative demonstrating how              terms, conditions, if any, and the
                                               pilot program to be carried out by the Rural            the refinancing of the FFB loan will                  amount of the FFB loan accepted by the
                                               Utilities Service pursuant to Section 749 of            benefit its rate payers including, but not            Eligible entity. The Eligible entity will
                                               the Consolidated Appropriations Act 2017,               limited, to estimated savings to                      then receive an FFB note and RUS
                                               Public Law 115–31, May 5, 2017.                         ratepayers, increased investment in                   Reimbursement note to execute. If
                                               C. Eligibility Information                              energy efficiency or plant                            necessary, authentication by its
                                                                                                       modernization, other factors resulting                indenture trustee will be required. A
                                                  Eligible entity, as defined above.                   from savings associated with the                      supplemental indenture or other
                                               D. Submission Information                               refinancing, etc.                                     security instrument and related
                                                                                                          iii. Requested final maturity date for             documents may be required to secure
                                               1. Letter of Intent                                     the new FFB loan. The requested final                 the FFB note and RUS Reimbursement
                                                 Interested parties must send an email                 maturity date must be for a period not                note.
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                                               to the contact listed in FOR FURTHER                    to exceed thirty-five years. An Eligible                 e. An Eligible entity must return the
                                               INFORMATION CONTACT section of this                     entity must submit a certification stating            executed FFB note and RUS
                                               Notice to obtain an electronic sample of                that the remaining useful life of its                 Reimbursement note together with its
                                               the Letter of intent. The sample Letter                 electric system is equal to or exceeds the            Advance Request, attached as Annex A
                                               of intent can also be found online using                new requested final maturity date and,                to the FFB note, and any other required
                                               the following web address: http://                      that the requested final maturity date                loan documents in a timely manner, as
                                               www.rd.usda.gov/Refinancing/.                           does not exceed the term of its                       set forth in Section E. 3. d. The Advance


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                                                                         Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices                                           48479

                                               Request, specifying the chosen options,                    (b) Maximum amount to any one                      there are too many to process on any
                                               should be marked ‘‘REFINANCING.’’                       Eligible entity. An Eligible entity may               one day.
                                                                                                       request any dollar amount and number                     b. An Eligible entity will have seven
                                               3. Compliance With Other Federal                                                                              business days to confirm, in writing,
                                                                                                       of FFB loans for refinancing and are
                                               Statutes                                                                                                      (including email) its intent to proceed
                                                                                                       encouraged to do so. However, in order
                                                  No additional compliance verification                to ensure the widest practical use of the             with the refinancing, whether it will pay
                                               is necessary.                                           appropriated funds and that the greatest              the prepayment premium, in full, on the
                                                                                                       number of ratepayers are benefited, each              refinancing date or roll the amount into
                                               4. Funding Restriction                                                                                        the new FFB loan, and a final
                                                                                                       Eligible entity will be limited to $100
                                                  See below.                                           million of refinancing. As such, an                   prioritization of an Advance after
                                                                                                       Eligible entity in its LOI should                     reviewing the prepayment premium, if
                                               5. Submission Requirements
                                                                                                       additionally list, in order, its priority for         any, up to the cap amount. An Eligible
                                                  The refinancing process consists of                  the requested refinancing. RUS, in its                entity will not be allowed to add or
                                               several steps.                                          sole discretion, reserves the right to                substitute an Advance based on the
                                                  a. To be considered for the                          reduce an Eligible entity’s maximum                   estimate. However, an Advance can be
                                               Refinancing Program for this fiscal year,               amount to $75 million if the total                    deleted from the final refinancing prior
                                               a Borrower must submit its mandatory                    amount requested by all Eligible entities             to receipt by the Eligible entity of the
                                               Letter of intent, that complies with the                exceeds the authorized amount by 50                   new FFB note. The final total amount
                                               requirements in section D (2) of this                   percent or more to maximize the use of                necessary to refinance the FFB loan will
                                               Notice, in a PDF file, not to exceed 10                 the funds and benefit more Eligible                   be provided by RUS two business days
                                               MB in size, by electronic mail (email) to               entities and electric consumers/                      before the scheduled refinancing date.
                                               REFINANCE-EP@RD.usda.gov no later                       ratepayers. Due to the nature of                         c. Upon receipt of the confirmation of
                                               than 11:59 p.m. (EST) on November 17,                   potential changes in interest rates, time             the intent to proceed, an Eligible entity
                                               2017.                                                   is of the essence in processing and                   will receive a Conditional commitment
                                                  b. By submitting the Letter of intent,               documenting requests under the                        letter that must be executed and
                                               the Eligible entity indicates to RUS that               Refinancing Program, including                        accepted. After that, a new FFB note
                                               it intends to participate in the                        returning to RUS the new FFB note,                    and RUS Reimbursement note will be
                                               Refinancing Program, as described                       Reimbursement note and all other                      sent for execution. If necessary, both
                                               above and as identified in the LOI. RUS                 required documents.                                   notes will need to be authenticated by
                                               by extending an Invitation to proceed to                                                                      the Eligible Entity’s indenture trustee. A
                                                                                                          If, after considering all eligible
                                               an Eligible entity in the queue, a LOI                                                                        supplemental indenture or other
                                                                                                       requests Refinancing Program funds                    security instrument any related
                                               does not obligate the Eligible entity to                remain available or otherwise become
                                               proceed. However, Eligible entities will                                                                      documents may be required to secure
                                                                                                       available, RUS will consider requests                 the FFB note and RUS Reimbursement
                                               only have seven business days to notify                 greater than $100 million based on the
                                               RUS whether it will proceed, as                                                                               note. If the prepayment premiums will
                                                                                                       order in which the LOI was received up                be financed, the maximum principal
                                               described above.                                        to an additional $100 million for each
                                                  c. The borrower must execute and                                                                           amount of the FFB note will be rounded
                                                                                                       Eligible entity.                                      up two percent to be sufficient to prepay
                                               return new FFB note and any other                          If additional funds are authorized for
                                               required documents.                                                                                           the amount in full. RUS reserves the
                                                                                                       the Refinancing Program or for                        right to change the rounding amount
                                               E. Agency Review of Letter of Intent                    refinancing of FFB debt pursuant to                   from two percent, if it determines that
                                               and Process for Proceeding                              section 306C of the Act, RUS reserves                 two percent is insufficient to
                                                                                                       the right, in its sole discretion, to                 accomplish the refinancing due to
                                               1. Letter of Intent                                     consider the requests received pursuant               interest rate volatility. If the maximum
                                                 RUS will consider complete Letters of                 to this NOSA or to issue a new notice.                principal amount of the executed FFB
                                               Intent as they are received. Letters of                                                                       note is insufficient to cover all amounts
                                                                                                       3. Process
                                               intent will be reviewed by RUS for                                                                            due, according to the final amount
                                               completeness.                                              a. After evaluating the request and the            provided two days in advance of the
                                                                                                       information specified below, RUS will                 refinancing date, the Eligible entity is
                                               2. Processing of Requests, Prioritization,
                                                                                                       send an Invitation to proceed                         required to pay the deficient amount in
                                               and Maximum Refinancing Amount
                                                                                                       identifying the Advance accepted for                  full on or before the refinancing date.
                                                 (a) Processing Requests and                           refinancing and describing the next                      d. An Eligible entity must return the
                                               Prioritization. RUS will evaluate all                   steps in the process. Additionally, RUS               executed FFB note and RUS
                                               LOI’s received by the deadline                          together with FFB will provide an initial             Reimbursement note together with its
                                               identified above. If the dollar amount                  estimate of the amount of the new FFB                 Advance Request and any other
                                               for all eligible requests is less than the              loan needed to refinance the selected                 required documents in a timely manner.
                                               total dollar amount authorized by                       Advance and the estimated amount of                   FFB will require five days to purchase
                                               Congress for this Refinancing Program,                  the prepayment premium, if any. An                    the FFB note after RUS has reviewed
                                               requests will be processed in the order                 Eligible entity will make its regularly               and processed the FFB note. The
                                               in which they were received. If the                     scheduled quarterly payment in the full               Advance Request, specifying the options
                                               amount requested exceeds the total                      amount. The estimate will be for the                  chosen, by the Eligible entity, should be
                                               amount authorized by Congress, RUS                      first business day after the end of the               marked ‘‘REFINANCING.’’ An Eligible
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                                               will prioritize all requests based on the               quarter. However, an Eligible entity may              entity will have the option of submitting
                                               following criteria:                                     select another date in the quarter that is            no more than two Advance Requests (for
                                                 (i) First, by the highest cumulative                  not the last day of the quarter to                    ex. one for a short term maturity and
                                               weighted average interest rate on the                   refinance its Advance. RUS and FFB                    one long term maturity or one for a long
                                               FFB loan to be refinanced; and                          retain the right to move the refinancing              term maturity date not to exceed the
                                                 (ii) Second, by the order in which the                date to another business day in the                   final maturity date). If two are submitted
                                               request was received.                                   quarter if RUS and FFB determine that                 they must be submitted simultaneously,


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                                               48480                     Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices

                                               dated the same date, same Advance                       beliefs, or reprisal or retaliation for prior           Dated: October 12, 2017.
                                               request date, and together the amount                   civil rights activity, in any program or              Christopher A. McLean,
                                               cannot exceed the maximum principal                     activity conducted or funded by USDA                  Acting Administrator, Rural Utilities Service.
                                               amount of the FFB note. No funds will                   (not all bases apply to all programs).                [FR Doc. 2017–22623 Filed 10–17–17; 8:45 am]
                                               be advanced directly to the Eligible                    Remedies and complaint filing                         BILLING CODE P
                                               entity but will be advanced to prepay                   deadlines vary by program or incident.
                                               the FFB loan, as agreed upon. As such,                     Persons with disabilities who require
                                               if all documents have not been returned                 alternative means of communication for
                                               to RUS by the 15th day of the third                     program information (e.g., Braille, large             DEPARTMENT OF COMMERCE
                                               month of the quarter, the refinancing                   print, audiotape, American Sign
                                               date will be moved to the first day of the              Language, etc.) should contact the                    Economic Development Administration
                                               next quarter.                                           responsible Agency or USDA’s TARGET
                                                                                                       Center at (202) 720–2600 (voice and                   Notice of Petitions by Firms for
                                               F. Federal Awarding Agency Contact
                                                                                                       TTY) or contact USDA through the                      Determination of Eligibility To Apply
                                                 Jonathan Claffey, Office of the                       Federal Relay Service at (800) 877–8339.              for Trade Adjustment Assistance
                                               Administrator, Rural Utilities Service,                 Additionally, program information may
                                               Rural Development, United States                        be made available in languages other                  AGENCY:Economic Development
                                               Department of Agriculture, 1400                         than English.                                         Administration, U.S. Department of
                                               Independence Avenue SW., STOP 1510,                        To file a program discrimination                   Commerce.
                                               Room 5136–S, Washington, DC 20250–                      complaint, complete the USDA Program
                                               1510; Telephone: (202) 720–0736;                                                                              ACTION: Notice and opportunity for
                                                                                                       Discrimination Complaint Form, AD–                    public comment.
                                               Email: jon.claffey@wdc.usda.gov.                        3027, found online at http://www.ascr.
                                               G. Other Information                                    usda.gov/complaint_filing_cust.html                   SUMMARY:    The Economic Development
                                                                                                       and at any USDA office or write a letter              Administration (EDA) has received
                                               USDA Non-Discrimination Statement                       addressed to USDA and provide in the                  petitions for certification of eligibility to
                                                  In accordance with Federal civil                     letter all of the information requested in            apply for Trade Adjustment Assistance
                                               rights law and U.S. Department of                       the form.                                             from the firms listed below.
                                               Agriculture (USDA) civil rights                            To request a copy of the complaint                 Accordingly, EDA has initiated
                                               regulations and policies, the USDA, its                 form, call (866) 632–9992. Submit your                investigations to determine whether
                                               Agencies, offices, and employees, and                   completed form or letter to USDA by:                  increased imports into the United States
                                               institutions participating in or                           a. Mail: U.S. Department of                        of articles like or directly competitive
                                               administering USDA programs are                         Agriculture, Office of the Assistant                  with those produced by each of these
                                               prohibited from discriminating based on                 Secretary for Civil Rights, 1400                      firms contributed importantly to the
                                               race, color, national origin, religion, sex,            Independence Avenue SW.,                              total or partial separation of the firm’s
                                               gender identity (including gender                       Washington, DC 20250–9410;                            workers, or threat thereof, and to a
                                               expression), sexual orientation,                           b. Facsimile: (202) 690–7442; or                   decrease in sales or production of each
                                               disability, age, marital status, family/                   c. Email: program.intake@usda.gov.
                                                                                                                                                             petitioning firm.
                                               parental status, income derived from a                     d. USDA is an equal opportunity
                                               public assistance program, political                    provider, employer, and lender.                       SUPPLEMENTARY INFORMATION:

                                                       LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION OF ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT
                                                                                                 ASSISTANCE
                                                                                                                 [10/1/2017 through 10/9/2017]

                                                                                                                                          Date
                                                            Firm name                                  Firm address                   accepted for                             Product(s)
                                                                                                                                      investigation

                                               Copper John Corporation ...............    173 State Street, Auburn, NY                     10/3/2017    The firm manufactures bow sights and release aids
                                                                                            13021.                                                        for the archery market.
                                               Superior    Fabrication     Company,       17499    South    Dolan Street,                  10/4/2017    The firm manufactures heavy duty steel components
                                                 LLC.                                       Kincheloe, MI 49788.                                          and assemblies, such as masts for forklift trucks
                                                                                                                                                          and components for medical imaging equipment.
                                               Diamond Brand Gear Company ....            145 Cane Creek Industrial Park                   10/5/2017    The firm manufactures cut and sewn camping and
                                                                                            Road, Suite 100, Fletcher, NC                                 military gear.
                                                                                            28732.



                                                  Any party having a substantial                       These petitions are received pursuant to              these petitions are submitted is 11.313,
                                               interest in these proceedings may                       section 251 of the Trade Act 1974, as                 Trade Adjustment Assistance for Firms.
                                               request a public hearing on the matter.                 amended.
                                                                                                                                                             Irette Patterson,
                                               A written request for a hearing must be                   Please follow the requirements set
ethrower on DSK3G9T082PROD with NOTICES




                                               submitted to the Trade Adjustment                                                                             Program Analyst.
                                                                                                       forth in EDA’s regulations at 13 CFR
                                               Assistance for Firms Division, Room                                                                           [FR Doc. 2017–22507 Filed 10–17–17; 8:45 am]
                                                                                                       315.9 for procedures to request a public
                                               71030, Economic Development                             hearing. The Catalog of Federal                       BILLING CODE 3510–WH–P

                                               Administration, U.S. Department of                      Domestic Assistance official number
                                               Commerce, Washington, DC 20230, no                      and title for the program under which
                                               later than ten (10) calendar days
                                               following publication of this notice.


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Document Created: 2017-10-18 01:37:50
Document Modified: 2017-10-18 01:37:50
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 for letters of intent.
DatesTo be considered for this program, borrowers must submit their documentation no later than the dates set forth herein. Failure to comply with the following deadlines will prevent RUS from considering the borrower for the Refinancing Program.
ContactJonathan Claffey, Office of the Assistant Administrator, Rural Utilities Service, Rural Development, United States Department of Agriculture, 1400 Independence Avenue SW., STOP 1560 Room 5165-S, Washington, DC 20250; Telephone: (202) 720-9545; Email: [email protected]
FR Citation82 FR 48476 

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