Unknown. Interim rule with request for comments

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--- schema: federal-register doc_type: fedreg source_file: FR-2011-09-12.xml --- 76 176 Monday, September 12, 2011 Contents Agriculture Agriculture Department See Economic Research Service See Food Safety and Inspection Service See Forest Service See Rural Utilities Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Registration of Firearms Acquired by Certain Governmental Entities, 56223-56224 2011-23247 Records and Supporting Data;

Importation, Receipt, Storage, and Disposition By Explosives Importers, et al., 56224 2011-23248 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Coast Guard Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56208-56210 2011-23176 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 56146 2011-23177 Commodity Futures Commodity Futures Trading Commission RULES Retail Foreign Exchange Transactions, 56103-56107 2011-23155 Comptroller Comptroller of the Currency RULES Retail Foreign Exchange Transactions, 56094-56097 2011-23033 Defense Department Defense Department NOTICES Arms Sales Notification, 56181-56183 2011-23181 Economic Research Economic Research Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56141-56143 2011-23158 Education Education Department NOTICES Race to the Top Fund Phase 3, 56183-56188 2011-23123 Tests Determined Suitable for Use in the National Reporting System for Adult Education, 56188-56189 2011-23263 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment:

Standards for Direct Heating Equipment, 56125-56126 2011-23238 Energy Conservation Program: Treatment of Smart Appliances in Energy Conservation Standards and Test Procedures, 56126-56127 2011-23237 Environmental Protection Environmental Protection Agency RULES Stays and Deferments of Sanctions: San Joaquin Valley Unified Air Pollution Control District, 56114-56117 2011-23134 2011-23145 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Maryland; Infrastructure Requirements for the 1997 8-Hour Ozone Standards, etc., 56130-56132 2011-23280 Lead-Based Paint Self-Certification Program Authorization:

North Carolina and Mississippi, 56136-56140 2011-23257 Revisions to the California State Implementation Plan: San Joaquin Valley Unified Air Pollution Control District, 56132-56136 2011-23136 2011-23142 NOTICES Proposed Settlement Agreements, 56194-56196 2011-23273 Federal Aviation Federal Aviation Administration RULES Amendment of Class E Airspace: Orangeburg, SC; Correction, 56099 2011-23188 Special Conditions: Pratt and Whitney Canada Model PT6C-67E Turboshaft Engine, 56097-56099 2011-23189 PROPOSED RULES Amendments of Class E Airspace:

Mercury, NV, 56127-56128 2011-23191 NOTICES Release from Federal Grant Assurance Obligations: Livermore Municipal Airport, Livermore, CA, 56271-56272 2011-23190 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals Hate Crime Incident Report; Quarterly Hate Crime Report, 56224-56225 2011-23242 Meetings: Criminal Justice Information Services Advisory Policy Board, 56225-56226 2011-23137 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 56117-56120 2011-23219 NOTICES Emergency Declarations:

Connecticut; Amendment No. 1, 56210-56211 2011-23213 Connecticut; Amendment No. 2, 56211 2011-23198 District of Columbia; Amendment No. 1, 56211 2011-23192 Kansas; Amendment No. 1, 56210 2011-23240 Missouri; Amendment No. 2, 56210 2011-23215 New Hampshire; Amendment No. 1, 56211 2011-23194 Major Disaster Declarations: Iowa; Amendment No. 2, 56213 2011-23201 Minnesota; Amendment No. 1, 56212 2011-23216 Missouri; Amendment No. 3, 56213 2011-23195 Missouri; Amendment No. 9, 56212 2011-23220 South Dakota;

Amendment No. 8, 56212 2011-23218 Texas; Amendment No. 4, 56213 2011-23197 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: ANR Pipeline Co., 56191 2011-23205 Symbiotics, LLC, 56189-56191 2011-23207 Combined Filings, 56191-56193 2011-23229 2011-23230 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: KAP Analytics, LLC, 56193-56194 2011-23204 Minco Wind II, LLC, 56193 2011-23206 Petitions for Rate Approvals: CenterPoint Energy - Illinois Gas Transmission Co., 56194 2011-23183 Rate Elections:

Pacific Gas and Electric Co., 56194 2011-23208 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 56196 2011-23265 Federal Motor Federal Motor Carrier Safety Administration NOTICES Pilot Project on NAFTA Trucking Provisions, 56272-56275 2011-23337 Federal Procurement Federal Procurement Policy Office NOTICES Performance of Inherently Governmental and Critical Functions, 56227-56242 2011-23165 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 56196 2011-23210 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 56196-56199 2011-23250 Fish Fish and Wildlife Service RULES Subsistence Management for Public Lands in Alaska: Federal Subsistence Board, 56109-56114 2011-23243 NOTICES Draft Map of John H. Chafee Coastal Barrier Resources System, Baldwin and Mobile Counties, AL; Availability, 56215-56217 2011-23174 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Tobacco Products, Exemptions from Substantial Equivalence Requirements, 56200 2011-23184 Meetings:

Circulatory System Devices Panel of the Medical Devices Advisory Committee, 56200-56201 2011-23130 Prescription Drug User Fee Act, 56201-56205 2011-23251 Request for Nominations for Nonvoting Industry Representatives on the Tobacco Products Scientific Advisory Committee, 56205-56206 2011-23185 Food Safety Food Safety and Inspection Service NOTICES Meetings: National Advisory Committee on Microbiological Criteria for Foods, 56143-56144 2011-23173 Forest Forest Service RULES Subsistence Management for Public Lands in Alaska:

Federal Subsistence Board, 56109-56114 2011-23243 NOTICES Environmental Impact Statements; Availability, etc.: Upper Lochsa Land Exchange, Clearwater National Forest, ID, 56145-56146 2011-23141 Health and Human Health and Human Services Department See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection NOTICES Meetings:

Homeland Security Advisory Council, Correction, 56208 2011-23255 Industry Industry and Security Bureau RULES Implementation of a Decision Adopted under the Australia Group Intersessional Silent Approval Procedures in 2010 and Related Editorial Amendments, 56099-56103 2011-22677 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 56214-56215 2011-23217 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews, etc.;

Preliminary Results and Preliminary Rescissions: Certain Steel Nails from People's Republic of China, 56147-56156 2011-23148 Applications for Duty-Free Entry of Scientific Instruments, 56156 2011-23256 Article 1904 Binational Panel Reviews, North American Free Trade Agreement, 56156-56157 2011-23160 Consolidated Decisions on Applications for Duty-Free Entry of Electron Microscopes: Brandeis University, et al., 56157 2011-23277 Decisions on Applications for Duty-Free Entry of Scientific Instruments:

University of Chicago, et al., 56157-56158 2011-23275 Extension of Time Limit for Final Results of Countervailing Duty Administrative Reviews: Citric Acid and Certain Citrate Salts from the People's Republic of China, 56158 2011-23281 Final Results and Final Partial Rescission of Antidumping Duty Administrative Reviews: Certain Frozen Warmwater Shrimp from the Socialist Republic of Vietnam, 56158-56165 2011-23278 International Trade Com International Trade Commission NOTICES Meetings;

Sunshine Act, 56222 2011-23342 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Federal Bureau of Investigation See Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fee Waiver Request, 56222-56223 2011-23241 Lodging of Consent Decrees Under the Clean Water Act, 56223 2011-23234 Justice Programs Justice Programs Office NOTICES Meetings: Public Safety Officer Medal of Valor Review Board, 56226 2011-23132 Labor Department Labor Department See Labor Statistics Bureau Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 56226-56227 2011-23209 Land Land Management Bureau NOTICES Filing of Plats of Survey; Arizona, 56217 2011-23196 Meetings: Wyoming Resource Advisory Council, 56217 2011-23193 Management Management and Budget Office See Federal Procurement Policy Office National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel; Cancellation, 56242 2011-23264 National Institute National Institute of Standards and Technology NOTICES Nationwide Public Safety Broadband Network:

Research and Development Priorities, 56165-56167 2011-23180 National Institute National Institutes of Health NOTICES Meetings: National Institute Of Allergy And Infectious Diseases, 56206-56207 2011-23226 2011-23231 National Institute of Diabetes and Digestive and Kidney Diseases, 2011-23227 56206-56207 2011-23228 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: North and South Atlantic Swordfish Quotas, 56120-56123 2011-23269 NOTICES Marine Mammals;

Pinniped Removal Authority, 56167-56171 2011-23266 Meetings: Gulf of Mexico Fishery Management Council, 56171 2011-23149 South Atlantic Fishery Management Council, 56171-56172 2011-23150 Takes of Marine Mammals Incidental to Specified Activities: Piling and Structure Removal in Woodard Bay Natural Resources Conservation Area, WA, 56172-56181 2011-23164 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Grand Canyon National Park Backcountry and River Permitting, 56217-56219 2011-23161 Shenandoah National Park Angler Survey, 56219-56220 2011-23153 Environmental Impact Statements;

Availability, etc.: General Management Plan for Golden Gate National Recreation Area and Muir Woods National Monument, 56220-56221 2011-23162 Meetings: Alaska Region Subsistence Resource Commission Pprogram, 56221-56222 2011-23163 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Impacts of Compatibility Changes in General License Regulations, 56124-56125 2011-23225 NOTICES Atomic Safety and Licensing Boards; Establishment: Duke Energy Carolinas, LLC; Southern Nuclear Operating Co., 56242-56243 2011-23214 Energy Northwest, 56242 2011-23199 Southern Nuclear Operating Co., et al., 56243 2011-23221 Meetings:

Advisory Committee on the Medical Uses of Isotopes, 56243-56244 2011-23211 Rural Utilities Rural Utilities Service RULES Expansion of 911 Access; Telecommunications Loan Program, 56091-56094 2011-23152 Securities Securities and Exchange Commission PROPOSED RULES Retrospective Review of Existing Regulations, 56128-56130 2011-23179 NOTICES Meetings; Sunshine Act, 56244 2011-23319 Orders of Suspension of Trading: Dialpoint Communications Corp., Pacel Corp., Quantum Group, Inc., and Tradequest International, Inc., 56244 2011-23307 Self-Regulatory Organizations;

Proposed Rule Changes: BATS Exchange, Inc., 56249-56254 2011-23170 Chicago Stock Exchange, Inc., 56246-56249 2011-23171 2011-23172 Municipal Securities Rulemaking Board, 56254-56262 2011-23259 New York Stock Exchange LLC, 56244-56246 2011-23169 Small Business Small Business Administration NOTICES Community Advantage Pilot Program, 56262 2011-23244 Disaster Declarations: New Jersey, 2011-23246 56263 2011-23252 Social Social Security Administration RULES Requiring Use of Electronic Services by Certain Claimant Representatives, 56107-56109 2011-23232 NOTICES Titles II and XVI - Documenting and Evaluating Disability in Young Adults, 56263-56271 2011-23239 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 56271 2011-23254 Substance Substance Abuse and Mental Health Services Administration NOTICES Fiscal Year 2011 Funding Opportunity, 56207-56208 2011-23178 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-23200 56275 2011-23202 Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Crew's Effects Declaration, 56213-56214 2011-23175 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 176 Monday, September 12, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1735 RIN 0572-AC24 Expansion of 911 Access;

Telecommunications Loan Program AGENCY: Rural Utilities Service, USDA. ACTION: Interim rule with request for comments. SUMMARY: The Rural Utilities Service

(RUS)is amending its regulations to implement the Expansion of 911 as authorized by section 6107 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill). This amendment will codify the Secretary's authority to make loans in five areas of eligibility to expand or improve 911 access and integrated emergency communications systems in rural areas for the Telecommunications Loan Program. DATES: This rule is effective on September 12, 2011. Comments must be submitted on or before November 14, 2011. ADDRESSES: Submit comments by either of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov.* Follow instructions for submitting comments. • *Postal Mail/Commercial Delivery:* Please send your comment addressed to Michele Brooks, Director, Program Development and Regulatory Analysis, USDA—Rural Utilities Service, 1400 Independence Avenue, STOP 1522, Room 5159, Washington, DC 20250-1522. *Other Information:* Additional information about the Agency and its programs is available on the Internet at *http://www.rurdev.usda.gov/index.html.* FOR FURTHER INFORMATION CONTACT: David Villano, Assistant Administrator, Telecommunications Program, USDA—Rural Utilities Service, 1400 Independence Avenue, SW., STOP 1590, Room 5151-S, Washington, DC 20250-1590. Telephone number:

(202)720-9554, Facsimile:

(202)720-0810. SUPPLEMENTARY INFORMATION: Executive Order 12866 This rule has been determined to be not significant for the purposes of Executive Order 12866, and therefore, has not been reviewed by the Office of Management and Budget. Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance

(CFDA)number assigned to this program is 10.851, Rural Telephone Loans and Loan Guarantees. The Catalog is available on the Internet at *http://www.cfda.gov.* Executive Order 12372 This rule is excluded from the scope of Executive Order 12372, Intergovernmental Consultation, which may require a consultation with State and local officials. See the final rule related notice entitled, “Department Programs and Activities Excluded from Executive Order 12372” (50 FR 47034). Information Collection and Recordkeeping Requirements The information collection and recordkeeping requirements contained in this rule are approved under OMB control number 0572-0079. This rule contains no additional information collection or recordkeeping requirements under OMB control number 0572-0079 that would require approval under the Paperwork Reduction Act of 1955 (44 U.S.C. chapter 35). National Environmental Policy Act Certification The Agency has determined that this rule will not significantly affect the quality of the human environment as defined by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ). Therefore, this action does not require an environmental impact statement or assessment. Regulatory Flexibility Act Certification The Regulatory Flexibility Act (5 U.S.C. 601-612)

(RFA)generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the Agency certifies that the rule will not have an economically significant impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. In compliance with the RFA, the Agency has determined that this action, while mostly affecting small entities, will not have a significant economic impact on a substantial number of these small entities. The Agency made this determination based on the fact that this regulation only impacts those who choose to participate in the program. Small entity applicants will not be affected to a greater extent than large entity applicants. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. The Agency has determined that this rule meets the applicable standards provided in § 3 of the Executive Order. In addition, all state and local laws and regulations that are in conflict with this rule will be preempted, no retroactive effort will be given to this rule, and, in accordance with § 212(e) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e)), administrative appeal procedures, if any, must be exhausted before an action against the Department or its agencies may be initiated. Unfunded Mandates This rule contains no Federal mandates (under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995) for State, local, and Tribal governments for the private sector. Thus, this rule is not subject to the requirements of §§ 202 and 205 of the Unfunded Mandates Reform Act of 1995. Executive Order 13132, Federalism The policies contained in this rule do not have any substantial direct effect on states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on state and local governments. Therefore, consultation with the states is not required. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Over the last year, the Agency has conducted extensive Tribal consultations related to the implementation of the Substantially Underserved Trust Area

(SUTA)provisions of the 2008 Farm Bill. During those consultations all RUS programs were discussed. Expanded emergency communications capabilities were among the issues brought up in the consultations. A specific regulation on SUTA is being prepared. Tribal entities are fully eligible to apply for financing under this provision and nothing under this regulation would affect SUTA eligibility. The policies contained in this rule do not impose substantial unreimbursed compliance costs on Indian Tribal governments or have Tribal implications that preempt Tribal law. E-Government Act Compliance The Agency is committed to the E-Government Act, which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. Discussion of Interim Rule This interim rule codifies section 6107 of the 2008 Farm Bill. Section 6107 amended the Rural Electrification Act of 1936 (7 U.S.C. 940e) to allow for the financing of facilities to expand emergency 911 access in rural areas. The statutory language is very prescriptive, defining eligible entities, financing purposes, and loan terms and security requirements. As such, the amendments to 7 CFR part 1735 simply incorporate those statutory requirements within the regulatory framework prescribing requirements for the telecommunications loan programs. Therefore, it is not necessary to issue a proposed rule since the codification represents a strict implementation of the statutory requirements. Background A. Introduction The Agency improves the quality of life in rural America by providing investment capital for deployment of rural telecommunications infrastructure. Financial assistance is provided to rural utilities; municipalities; commercial corporations; limited liability companies; public utility districts; Indian Tribes; and cooperative, nonprofit, limited-dividend, or mutual associations. In order to achieve the goal of increasing economic opportunity in rural America, the Agency finances infrastructure that enables access to a seamless, nationwide telecommunications network. With access to the same advanced telecommunications networks as its urban counterparts, especially broadband networks designed to accommodate distance learning, telework, and telemedicine, rural America will eventually see improving educational opportunities, health care, economies, safety and security, and ultimately higher employment. The Agency shares the assessment of Congress, State and local officials, industry representatives, and rural residents that broadband service is a critical component to the future of rural America and modern emergency communications capabilities are critical to the safety and security of all Americans. The Agency is committed to ensuring that rural America will have access to affordable, reliable, telecommunications and broadband services and to provide a healthy, safe, and prosperous place to live and work. B. Regulatory History Following the September 11, 2001, attacks on the United States, significant Congressional attention was placed on weaknesses in the nation's emergency communications capabilities. The ability of rural communities, carriers and emergency responders to keep up with changing communications technologies was and continues to be a concern of emergency response professionals. Interoperability, which is the ability of emergency responders from various agencies and jurisdictions to communicate with each other, is also a pressing national need. In 2002, the Congress gave the RUS statutory authority to “to expand or improve 911 access and integrated emergency communications systems in rural areas” in section 315 of the RE Act (6102 of the 2002 Farm Security and Rural Investment Act of 2002). No regulations were ever proposed to implement that section. In 2008, the Congress re-authorized section 315 of the RE Act and added language to further define eligible loan purposes. It also clarified that projects could be funded from appropriations made to the RUS telecommunications program. In 2011, the President launched a major initiative to use wireless 4G technology to create a nation-wide interoperable emergency communications network. The plan contemplates using dual-use 4G wireless technologies in rural areas to address public safety and private sector communications needs. Rural areas face significant challenges in deploying emergency communications systems. The 911 Program Office housed within the National Transportation Safety Administration specifically noted that “(r)ural and Tribal 911 centers face special challenges. They typically serve areas that are large geographically but less-densely populated than urban areas. Because it may take first responders longer to reach the scene of an emergency, call-takers in public safety answering points (PSAPs) serving rural areas may be required to stay on the phone longer with callers or provide more extensive emergency instruction to callers until help arrives. And in medical emergencies, hospitals are often farther away which results in extended transport times, making the ambulance unavailable for other calls in its response area in areas that may have very limited coverage. The responder resources are typically limited in rural areas which can be quickly overwhelmed in disasters or large-scale incidents. The program office went on to observe that “supporting rural PSAPs is vitally important, particularly because it may take longer for help to arrive in rural areas, and the call-taker may make an even bigger difference in the outcome of an emergency situation.” (see *http://www.911.gov/911-issues/challenges.html* ) The sixty-minute period immediately following a traumatic injury, like an injury resulting from a car crash is known as the “golden hour.” The risks of death or permanent injury increase dramatically if medical attention is not given within that first hour. In rural America, distance and sparse population work against the quick discovery and treatment of injuries resulting from an individual or mass emergency. In rural areas the ability to reach a person in distress can be the difference between life and death or recovery and disability. Congress twice enacted section 315 to give the RUS flexible financial tools to help rural communities, service providers and governmental entities address their emergency communications needs. By giving clear loan authority to the agency, RUS would have the tools to:

(a)Leverage public and private resources to speed the rural deployment of a dual-use public safety/commercial wireless network;

(b)address homeland security communications needs along America's rural international borders;

(c)finance enhanced 911 capabilities for carriers and communities to precisely locate a rural wireless call to 911; and

(d)to finance next-generation 911 upgrades, which would allow citizens to contact 911 via text message or send to emergency responders cell phone photos or short videos of a crime scene or accident location. The E911 location accuracy requirements pose unique challenges for rural wireless carriers. The new authority would give the Agency clear authority to finance wireless upgrades which relate to public safety and security, even if it does not finance the entire wireless communications systems. Without this authority, RUS would be very limited in its ability to make financing available to address specific rural emergency communications needs. Without this authority, the RUS telecommunications statute would generally prohibit the Agency from financing municipal investments. As a loan program which must meet the rigorous financial and engineering feasibility requirements, the Agency expects no impact on its subsidy rate. RUS has conducted extensive Tribal consultations in 2010 and 2011 related to implementation of new authorities for substantially underserved trust areas. Through those consultations, the Agency had discussions with Tribal leaders on the entire portfolio of RUS programs. This authority could be useful in addressing some of the emergency communications needs raised by Tribal leaders in some of those discussions. Tribal areas are among the regions of the United States with the least connectivity to 911 and other emergency communications systems. The regulation would simply codify the authority contained in section 315 of the RE Act. C. Rule Changes The amendment to 7 CFR Part 1735 implements section 315 of the Rural Electrification Act of 1936 (RE Act) as provided in section 6107 of the Food, Conservation, and Energy Act of 2008 by clarifying that the expansion of 911 access & integrated interoperable emergency communications systems are eligible purposes of the RE Act. Section 6107 of the Food, Conservation, and Energy Act of 2008 added section 315 of RE Act to clearly authorize the RUS to make loans for the following purposes:

(1)911 access;

(2)Integrated interoperable emergency communications, including multiuse networks that provide commercial or transportation information services in addition to emergency communications services;

(3)Homeland security communications;

(4)Transportation safety communications; or

(5)Location technologies used outside an urbanized area. The provision also clarified that the Agency could consider State or local 911 fees to be security for a loan under this section and that loans may be made in certain circumstances to an emergency communication equipment provider to accomplish the purposes of this section where a State or municipality may be prohibited from incurring debt. List of Subjects in 7 CFR Part 1735 Loan programs—communications, Reporting and recordkeeping requirements, Rural areas, Telephone. For reasons set out in the preamble, Chapter XVII, Title 7 of the Code of Federal Regulation is amended as follows: PART 1735—GENERAL POLICIES, TYPES OF LOANS, LOAN REQUIREMENTS—TELECOMMUNICATIONS PROGRAM 1. The authority citation for part 1735 continues to read as follow: Authority: 7 U.S.C. 901 *et seq.,* 1921 *et seq.,* 6941 *et seq.* Subpart B—Loan Purposes and Basic Policies 2. Amend § 1735.10 by revising paragraph

(a)and adding paragraph

(g)to read as follows: § 1735.10 General.

(a)Loans made or guaranteed by the Administrator of RUS will be made in conformance with the Rural Electrification Act of 1936 (RE Act), as amended (7 U.S.C. 901 *et seq.* ), and 7 CFR chapter XVII. RUS provides borrowers with specialized and technical accounting, engineering, and other managerial assistance in the construction and operation of their facilities when necessary to aid in the development of rural telephone service and to protect loan security. The Rural Utilities Service

(RUS)makes loans to:

(1)Furnish and improve telephone service in rural areas; and

(2)To finance facilities and equipment which expand, improve or provide:

(i)911 access;

(ii)Integrated interoperable emergency communications, including multiuse networks that provide commercial or transportation information services in addition to emergency communications services;

(iii)Homeland security communications;

(iv)Transportation safety communications; or

(v)Location technologies used outside an urbanized area.

(g)For the purpose of paragraph (a)(2) of this section, rural areas means any area, as confirmed by the latest decennial census of the Bureau of the Census, which is not located within:

(1)A city, town, or incorporated area that has a population of greater than 20,000 inhabitants; or

(2)An urbanized area contiguous and adjacent to a city or town that has a population of greater than 50,000 inhabitants, for the purpose of the definition of rural areas in this section, an urbanized area means a densely populated territory as defined in the latest decennial census of the U.S. Census Bureau. 3. Amend § 1735.12 by adding paragraph

(g)to read as follows: § 1735.12 Nonduplication.

(g)RUS shall consider the following criteria for loans made for the purposes described in § 1735.10(a)(2):

(1)In making a preliminary assessment and a credit decision, the RUS will take into consideration the extent to which the emergency communications capability or emergency communications benefits already exist in the affected area and the need expressed by the proposed user of the emergency communications technology.

(2)The RUS will not consider an application to finance an upgrade of 911 capabilities or other emergency communications capability by different providers serving the same geographic area to be automatically duplicative. For example, RUS will generally not consider an application from two competing wireless carriers to upgrade their E911 capabilities in overlapping geographic territories to be duplicative, however the carrier's competitive situation will be a relevant consideration in evaluating the ability of a service provider to repay their loan.

(3)Duplication considerations will be reviewed on the basis of the emergency communications benefit; the Agency encourages applicants to fully embrace interoperability to maximize the impact of RUS financed investments. In the case of dual or multi-use technologies, the extent to which the proposed non-emergency communications benefits are available from other providers within the proposed service area will be considered in determining loan feasibility. 4. Amend § 1735.14 by adding paragraph (a)(4) to read as follows: § 1735.14 Borrower eligibility.

(a)* * *

(4)For purposes of § 1735.10(a)(2):

(i)Any entity eligible to borrow from the RUS;

(ii)State or local governments;

(iii)Indian Tribes (as defined in § 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); or

(iv)An emergency communications equipment provider that in the sole discretion of RUS offers adequate security for a loan where the State or local government that has jurisdiction over the proposed project is prohibited by law from acquiring debt. 5. Amend § 1735.22 by redesignating paragraphs

(c)through

(i)as paragraphs

(d)through (j), and adding new paragraph

(c)to read as follows: § 1735.22 Loan security.

(c)The RUS will consider Government-imposed fees related to emergency communications (including State or local 911 fees) which are pledged to the repayment of a loan as security. Dated: August 26, 2011. Jessica Zufolo, Acting Administrator, Rural Utilities Service. [FR Doc. 2011-23152 Filed 9-9-11; 8:45 am]

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