Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2019-11-07.xml --- 84 216 Thursday, November 7, 2019 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cotton Classification and Market News Service, 60053 2019-24250 Cotton Classing, Testing and Standards, 60052 2019-24248 Tobacco Report, 60053-60054 2019-24249 Agriculture Agriculture Department See Agricultural Marketing Service See Rural Utilities Service Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 60093 2019-24244 Coast Guard Coast Guard PROPOSED RULES Regulated Navigation Areas: Harbor Entrances along the Coast of Northern California, 60025-60031 2019-23968 NOTICES Recreational Boating Safety Projects, Programs, and Activities Funded under Provisions of the Fixing America's Surface Transportation Act; Fiscal Year 2019, 60100-60101 2019-24297 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration See Office of the Under-Secretary for Economic Affairs Comptroller Comptroller of the Currency PROPOSED RULES Margin and Capital Requirements for Covered Swap Entities, 59970-59989 2019-23541 Consumer Product Consumer Product Safety Commission PROPOSED RULES Performance Requirements for Residential Gas Furnaces and Boilers, 60010-60011 2019-24284 Defense Department Defense Department NOTICES Meetings:

Defense Advisory Committee on Women in the Services, 60076 2019-24264 Economic Development Economic Development Administration NOTICES Petitions by Firms for Determination of Eligibility to Apply for Trade Adjustment Assistance, 60055-60056 2019-24242 Employment and Training Employment and Training Administration PROPOSED RULES Trade Adjustment Assistance for Workers, 60150-60275 2019-20788 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Pre-Implementation Planning Checklist for State Unemployment Insurance Information Technology Modernization Projects, 60114-60115 2019-24260 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Pesticide Tolerance for Emergency Exemption: Dinotefuran, 59932-59936 2019-24268 NOTICES Certain New Chemicals: Receipt and Status Information for August 2019, 60080-60087 2019-24287 Meetings: N-Methylpyrrolidone;

Draft Toxic Substances Control Act

(TSCA)Risk Evaluation and TSCA Science Advisory Committee on Chemicals, 60087-60090 2019-24349 Transfer of Data: Cherokee Nation System Solutions LLC, 60079-60080 2019-24270 Farm Credit Farm Credit Administration PROPOSED RULES Margin and Capital Requirements for Covered Swap Entities, 59970-59989 2019-23541 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Textron Aviation Inc. (Type Certificate Previously Held by Beechcraft Corporation) Airplanes, 59926-59928 2019-24325 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 60001-60007 2019-21880 2019-24269 The Boeing Company Airplanes, 60007-60010 2019-24245 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Medical Standards and Certification, 60141 2019-24338 Representatives of the Administrator, 60136-60137 2019-24316 Petition for Exemption; Summary: Elbe Flugzegwerke GmbH, 60140-60141 2019-24315 Special-Issuance Medical Certification: Diabetes Protocol for Applicants Seeking to Exercise Airline Transport, Commercial, or Private Pilot Privileges, 60137-60140 2019-24150 Federal Communications Federal Communications Commission RULES The Uniendo a Puerto Rico Fund and the Connect America U.S. Virgin Islands Fund, Connect America Fund, Eligible Telecommunications Carrier Annual Reports and Certifications, 59937-59968 2019-22842 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Margin and Capital Requirements for Covered Swap Entities, 59970-59989 2019-23541 NOTICES Financial Institutions for which the Federal Deposit Insurance Corporation has been Appointed Either Receiver, Liquidator, or Manager, 60090-60091 2019-24339 Termination of Receiverships, 60090 2019-24340 Federal Election Federal Election Commission NOTICES Filing Dates for the Maryland Special Election in the 7th Congressional District, 60091-60092 2019-24258 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Property Acquisition and Relocation for Open Space, 60101-60104 2019-24347 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 60077-60078 2019-24317 Environmental Assessments; Availability, etc.: Erie Boulevard Hydropower, L.P., 60079 2019-24319 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Sun Streams, LLC, 60079 2019-24320 Sunshine Valley Solar, LLC, 60076-60077 2019-24322 Windhub Solar A, LLC, 60078-60079 2019-24318 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: San Diego and Orange Counties, CA, 60141-60142 2019-24326 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Margin and Capital Requirements for Covered Swap Entities, 59970-59989 2019-23541 Federal Mine Federal Mine Safety and Health Review Commission RULES Procedural Rules to Permit Parties to File and Serve Documents Electronically, 59931-59932 2019-24251 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Hazardous Materials Safety Permits, 60142-60143 2019-24236 Federal Railroad Federal Railroad Administration PROPOSED RULES State Highway-Rail Grade Crossing Action Plans, 60032-60040 2019-24197 Federal Reserve Federal Reserve System RULES Extensions of Credit by Federal Reserve Banks (Regulation A), 59923-59924 2019-24273 Reserve Requirements of Depository Institutions (Regulation D), 59924-59926 2019-24272 PROPOSED RULES Margin and Capital Requirements for Covered Swap Entities, 59970-59989 2019-23541 NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 60092-60093 2019-24241 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 60092 2019-24337 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Threatened Species Status for West Coast Distinct Population Segment of Fisher, 60278-60305 2019-23737 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Eagle Take Permits and Fees, 60106-60107 2019-24300 Incidental Take of Marine Mammals During Specified Activities, 60107-60108 2019-24298 Receipt of Incidental Take Permit Application and Proposed Habitat Conservation Plan for the Sand Skink, Blue-Tailed Mole Skink, Eastern Indigo Snake, and Gopher Tortoise; Polk County, FL; Categorical Exclusion, 60105-60106 2019-24341 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60093-60094 2019-24263 Request for Comments: Best Practices in Drug and Biological Product Postmarket Safety Surveillance for Food and Drug Administration Staff, 60094-60095 2019-24332 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 60146-60147 2019-24334 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60099-60100 2019-24296 Findings of Research Misconduct, 60097-60098 2019-24291 Interest Rate on Overdue Debts, 60098-60099 2019-24237 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Healthy Start Evaluation and Quality Improvement, 60095-60096 2019-24278 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Automated Solutions for the Submission of REAL ID Source Documents, 60104-60105 2019-24330 Interior Interior Department See Fish and Wildlife Service See National Indian Gaming Commission Internal Revenue Internal Revenue Service PROPOSED RULES Eligible Terminated S Corporations, 60011-60025 2019-24098 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from Switzerland, 60056 2019-24312 Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany, 60056-60057 2019-24311 International Trade Com International Trade Commission NOTICES Meetings; Sunshine Act, 60109 2019-24377 2019-24379 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60109-60110, 60113-60114 2019-24289 2019-24290 Privacy Act; Systems of Records, 60110-60113 2019-24246 Labor Department Labor Department See Employment and Training Administration See Wage and Hour Division PROPOSED RULES Trade Adjustment Assistance for Workers, 60150-60275 2019-20788 Morris K. Morris K. and Stewart L. Udall Foundation NOTICES Meetings; Sunshine Act, 60115 2019-24368 National Credit National Credit Union Administration PROPOSED RULES Chartering and Field of Membership, 59989-60001 2019-23680 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance: Great Dane, LLC, 60145-60146 2019-24302 Receipt of Petition for Decision of Inconsequential Noncompliance: Toyota Motor North America, Inc., 60143-60145 2019-24303 National Indian National Indian Gaming Commission NOTICES Fee Rate and Fingerprint Fees, 60108-60109 2019-24266 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 60100 2019-24261 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 59968-59969 2019-24183 PROPOSED RULES International Fisheries: Eastern Pacific Tuna Fisheries; Western and Central Pacific Fisheries for Highly Migratory Species; Area of Overlap Between the Convention Areas of the Inter-American Tropical Tuna Commission and the Western and Central Pacific Fisheries Commission, 60040-60051 2019-24304 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Notification of Intent to Process Aleutian Islands Pacific Cod, 60057-60058 2019-24305 Wage Mariner Hiring Portal, 60058-60059 2019-24306 Takes of Marine Mammals Incidental to Specified Activities: Low-Energy Geophysical Survey in the South Atlantic Ocean, 60059-60076 2019-24265 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 60115-60116 2019-24283 Economic Affairs Office of the Under-Secretary for Economic Affairs NOTICES Meetings: American Workforce Policy Advisory Board, 60054-60055 2019-24282 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 60031-60032 2019-24307 NOTICES New Postal Products, 60116-60117 2019-24309 Postal Service Postal Service NOTICES Product Change: Priority Mail Express and Priority Mail Negotiated Service Agreement, 60117 2019-24262 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Defense and National Security: National Defense Authorization Act for Fiscal Year 2012 (Presidential Determination No. 2020-03 of October 25, 2019), 59917 2019-24425 Rural Utilities Rural Utilities Service RULES Repeal of Regulations Concerning the Rural Telephone Bank, the Public Television Station Digital Transition Grant Program, and the Local Television Loan Guarantee Program, 59919-59923 2019-24310 Securities Securities and Exchange Commission NOTICES Meetings: Small Business Capital Formation Advisory Committee, 60117 2019-24314 Meetings; Sunshine Act, 60134 2019-24357 2019-24376 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 60132-60134 2019-24252 Miami International Securities Exchange, LLC, 60117-60119 2019-24253 NYSE American LLC, 60120-60128 2019-24254 2019-24256 NYSE Arca, Inc., 60128-60130 2019-24255 The Nasdaq Stock Market, LLC, 60130-60132 2019-24257 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60134-60135 2019-24313 State Department State Department NOTICES Meetings: International Telecommunication Advisory Committee; Preparations for Upcoming International Telecommunications Meetings, 60135 2019-24259 Surface Transportation Surface Transportation Board NOTICES Release of Waybill Data, 60135 2019-24299 Tennessee Tennessee Valley Authority NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 60135-60136 2019-24243 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Minority Veterans, 60147-60148 2019-24321 Veterans' Advisory Committee on Disability Compensation, 60147 2019-24333 Wage Wage and Hour Division RULES Authorizing Electronic Payments of Civil Money Penalties, 59928-59931 2019-23849 Separate Parts In This Issue Part II Labor Department, Employment and Training Administration, 60150-60275 2019-20788 Labor Department, 60150-60275 2019-20788 Part III Interior Department, Fish and Wildlife Service, 60278-60305 2019-23737 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 84 216 Thursday, November 7, 2019 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Parts 1600, 1610, 1700, 1735, 1737, 1740, 1744, 1751, 2003, 2200 and 2201 [Docket No. RUS-19-Telecom-0026] RIN 0572-AC38 Repeal of Regulations Concerning the Rural Telephone Bank, the Public Television Station Digital Transition Grant Program, and the Local Television Loan Guarantee Program AGENCY: Rural Utilities Service, USDA. ACTION: Final rule. SUMMARY: This final rule informs the public that the Rural Utilities Service (RUS or Agency) is repealing the Rural Telephone Bank, Public Television Station Digital Transition Grant Program and the Local Television Loan Guarantee Program from the Code of Federal Regulations (CFR). This action removes expired and terminated programs from the CFR as repealed by the 2018 Agricultural Improvement Act (2018 Farm Bill). The statutory changes result from the 2018 Farm Bill. Additionally, conforming changes are being made to other regulations as a result of the aforementioned statutory changes. DATES: This final rule will be effective January 6, 2020. FOR FURTHER INFORMATION CONTACT: Thomas P. Dickson, Rural Development Innovation Center—Regulatory Team 2, USDA, 1400 Independence Avenue SW, STOP 1522, South Building, Washington, DC 20250-1522. Telephone:

(202)690-4492. Email to *thomas.dickson@usda.gov.* SUPPLEMENTARY INFORMATION: Background The purpose of the Rural Telephone Bank

(RTB)was to make loans for telecommunications infrastructure purposes. On October 1, 2005, the RTB ceased all business operations and began dissolution of equity to its stockholders, and in November 2007, the RTB was completely liquidated. For over a decade, the RTB statute remained, although the bank had ceased to exist. The 2018 Farm Bill repealed the provisions of the Rural Electrification Act of 1936 that created the RTB. The purpose of the Rural Utilities Service

(RUS)Public Television Station Digital Transition Grant Program (Grant Program) was to enable public television stations serving rural areas to transition from broadcasting in analog to digital, as required under the Federal Communications Commission

(FCC)rules, by awarding grants through a competitive process. While stations were required to broadcast their main transmitter signal in digital, many rural stations had not completed the transition of all their equipment, especially translators. In 2011, the FCC adopted a final deadline to convert all translators by September 1, 2015. The RUS program was expired in 2015. The purpose of the Local Television Loan Guarantee Program was to facilitate access, on a technology neutral basis by December 31, 2006, to signals of local television stations for households located in non-served areas and underserved areas. Although regulations and a notice were published, this program did not receive viable applications. As a result, the program was never funded. The 2018 Farm Bill repealed all programs mentioned above and so RUS is adjusting the CFR accordingly to remove these programs. Along with the removal of these programs, several rules needed to be modified as well, since they mention the repealed programs. These include 7 CFR parts 1700, 1735, 1737, 1744, 1751, and 2003. Accordingly, the corresponding provisions in the above-referenced regulations are being amended to remove any reference to the programs mentioned above. Executive Order 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulations are necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This rule has been determined not to be significant for purposes of Executive Order 13563. Accordingly, the Office of Management and Budget

(OMB)has waived the review process. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 *et seq.* ), the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 804(2). Executive Order 12372 This final rule is excluded from the scope of Executive Order 12372, Intergovernmental Consultation, which may require 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). Paperwork Reduction Act of 1995 In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), it has been determined that this rule will not change the information collection and recordkeeping requirements previously approved and will not impose additional reporting or recordkeeping burden on users. The Agency will request the current information collection and recordkeeping requirements for 7 CFR 1740, approved by OMB under 47 U.S.C. 1101 and assigned OMB Control Number 0572-0134 to be retired with this final rule. The information collection and recordkeeping requirements of 7 CFR parts 2200 and 2201 were approved by OMB under 47 U.S.C. 1101 and was assigned OMB Control Number 0572-0135. This information collection was retired by OMB on December 31, 2006. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. There are no civil justice implications associated with this direct final rule. Civil Rights Review RUS has considered the potential civil rights implications of this rule on minorities, women, or persons with disabilities to ensure that no person or group shall be discriminated against on the basis of race, color, national origin, gender, religion, age, disability, sexual orientation, marital or family status, political beliefs, parental status, or protected genetic information. This rule does not require affected entities to relocate or alter their operations in ways that could adversely affect such persons or groups. Further, this rule will not deny any persons or groups the benefits of a program or subject any persons or groups to discrimination. Executive Order 13132, Federalism This rule has been reviewed under Executive Order 13132, Federalism, which directs agencies to construe, in regulations and otherwise, a Federal statue to preempt state law only when the statue contains an express preemption provision. There are no federalism implications associated with this rule. List of Subjects 7 CFR Part 1600 Sunshine Act. 7 CFR Part 1610 Loan programs-communications, Rural areas, Telephone. 7 CFR Part 1700 Administrative practice and procedure, Authority delegations (Government agencies), Electric power, Grant programs-energy, Loan programs-energy, Organization and functions (Government agencies). 7 CFR Part 1735 Loan programs-communications, Reporting and recordkeeping requirements, Rural areas, Telephone. 7 CFR Part 1737 Loan programs-communications, Reporting and recordkeeping requirements, Rural areas, Telephone. 7 CFR Part 1740 Communications, Grant programs, Rural areas, Television. 7 CFR Part 1744 Accounting, Loan programs-communications, Reporting and recordkeeping requirements, Rural areas, Telephone. 7 CFR Part 1751 Communications equipment, Loan programs-communications, Rural areas, Telephone. 7 CFR Part 2003 Organization and functions (Government agencies), Freedom of information, Rural areas, Volunteers. 7 CFR Parts 2200 and 2201 Loan programs-communications, Reporting and recordkeeping requirements, Rural areas, Telecommunications, Television. Therefore, chapters XVI, XVII, XVIII, and XX of title 7 of the Code of Regulations are amended as follows: Subtitle B—Regulations of the Department of Agriculture Chapter XVI [Removed and Reserved] 1. Under the authority of section 6602, Public Law 115-334, 132 Stat. 4490 7 CFR chapter XVI, consisting of parts 1600 through 1699, is removed and reserved. Chapter XVII—Rural Utilities Service, Department of Agriculture PART 1700—GENERAL INFORMATION 2. The authority citation for part 1700 continues to read as follows: Authority: 5 U.S.C. 301, 552; 7 U.S.C. 901 *et seq.,* 1921 *et seq.,* 6941 *et seq.;* 7 CFR 2.7. Subpart A—General 3. Amend § 1700.1 by revising paragraph

(b)and removing paragraph (c). The revision reads as follows: § 1700.1 General.

(b)The Secretary of Agriculture (Secretary) established the Rural Utilities Service

(RUS)on October 20, 1994, pursuant to the Department of Agriculture Reorganization Act of 1994, (7 U.S.C. 6941 *et. seq.* ). RUS was assigned responsibility for administering electric and telecommunications loan and loan guarantee programs previously administered by REA, including water and waste loans and grants previously administered by the Rural Development Administration, along with other functions as the Secretary determined appropriate. The rights, interests, obligations, duties, and contracts previously vested in REA were transferred to, and vested in RUS. Subpart B—Agency Organization and Functions 4. Amend § 1700.25 by revising the first two sentences to read as follows: § 1700.25 Office of the Administrator. The Administrator of the Rural Utilities Service

(RUS)is appointed by the President. The Under Secretary, Rural Development delegated to the Administrator, in 7 CFR part 2, responsibility for administering the programs and activities of RUS. * * * 5. Amend § 1700.29 by revising the introductory text to read as follows: § 1700.29 Telecommunications Program. RUS, through the Telecommunications Program, make loans and loan guarantees to furnish and improve telecommunications service in rural areas. PART 1735—GENERAL POLICIES, TYPES OF LOANS, LOAN REQUIREMENTS—TELECOMMUNICATIONS PROGRAM 6. The authority citation for part 1735 continues to read as follows: Authority: 7 U.S.C. 901 *et seq.,* 1921 *et seq.,* and 6941 *et seq.* Subpart A—General 7. Amend § 1 735.2 by revising the definitions of “economic life” and “RUS cost-of-money loan” and removing the definition of “RTB loan”. The revisions read as follows: § 1735.2 Definitions *Economic life* as applied to facilities financed by loan funds, means the number of years resulting from dividing 100 percent by the depreciation rate (expressed as a percent) approved by the regulatory body with jurisdiction over the telephone service provided by the borrower for the class of facility involved or, if no approved rate exists, by the median depreciation rate expressed as a percent as published by RUS in its Statistical Report, Rural Telephone Borrowers for all RUS borrowers for that class of facility. *RUS cost-of-money loan* means a loan made under section 305(d)(2) of the RE Act bearing an interest rate as determined under § 1735.31(c). Subpart B—Loan Purpose and Basic Policy 8. Amend § 1735.10 by revising paragraphs

(b)and

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

(b)RUS will not make hardship loans or RUS cost-of-money loans for any wireline local exchange service or similar fixed-station voice service that, in RUS' opinion, is inconsistent with the borrower achieving the requirements stated in the State's telecommunication modernization plan within the time frame stated in the plan (see 7 CFR part 1751, subpart B), unless RUS has determined that achieving the requirements as stated in such plan is not technically or economically feasible.

(e)No fees or charges are assessed for any type of loan or guarantee provided by RUS. 9. Amend § 1735.17 by revising paragraph

(b)to read as follows: § 1735.17 Facilities financed.

(b)RUS makes RUS cost-of-money to finance the improvement, expansion, construction, and acquisition of systems or facilities (excluding station apparatus owned by the borrower, headquarters facilities, and vehicles not used primarily in construction) to furnish and improve telephone service in rural areas, except as noted under paragraph

(c)of this section. Subpart C—Types of Loans 10. Amend § 1735.30 by revising paragraphs (b)(2), (f), and

(g)to read as follows: § 1735.30 Hardship loans.

(b)* * *

(2)Those facilities may, however, be financed with a RUS cost-of-money loans or a guaranteed loan if the borrower is eligible for such financing.

(f)On request of any borrower who is eligible for a hardship loan for which funds are not available, the borrower shall be considered to have applied for a RUS cost-of-money loans under sections 305 of the RE Act.

(g)Hardship loans may be made simultaneously with a RUS cost-of-money loans or guaranteed loans. 11. Amend § 1735.31 by revising the section heading, paragraphs

(a)introductory text, (b),

(c)introductory text, and

(d)through

(f)to read as follows: § 1735.31 RUS cost-of-money.

(a)RUS makes cost-of-money loans, under section 305(d)(2) of the RE Act. To qualify for cost-of-money loans, a borrower must meet each of the following requirements:

(b)To determine the RUS cost-of-money, the total loan amount will be multiplied by the ratio of RUS cost-of-money funds appropriated for the fiscal year to the sum of RUS cost-of-money funds appropriated for the fiscal year in which the loan is approved. If during the fiscal year the amount of funds appropriated changes, the ratio will be adjusted accordingly and applied only to those loans approved afterwards.

(c)The RUS cost-of-money loan shall bear interest as described in paragraphs (c)(1) and

(2)of this section.

(d)Generally, no more than 10 percent of lending authority from appropriations in any fiscal year for RUS cost-of-money loans may be loaned to a single borrower. RUS will publish by notice in the **Federal Register** the dollar limit that may be loaned to a single borrower in that particular fiscal year based on approved RUS lending authority.

(e)On request of any borrower who is eligible for RUS cost-of-money loans for which funds are not available, the borrower shall be considered to have applied for a loan guarantee under section 306 of the RE Act.

(f)RUS cost-of-money loans may be made simultaneously with hardship loans or guaranteed loans. 12. Amend § 1735.32 by revising paragraph

(a)to read as follows: § 1735.32 Guaranteed loans.

(a)*General.* Loan guarantees under this section will be considered for only those borrowers specifically requesting a guarantee. Borrowers may also specify that the loan to be guaranteed shall be made by the Federal Financing Bank (FFB). RUS provides loan guarantees pursuant to section 306 of the RE Act. Guaranteed loans may be made simultaneously with hardship loans or RUS cost-of-money loans. No fees or charges are assessed for any guarantee of a loan provided by RUS. In view of the Government's guarantee, RUS generally obtains a first lien on all assets of the borrower (see § 1735.46). Subpart D—Terms of Loans 13. Amend § 1735.43 by revising paragraphs

(b)through

(e)and removing paragraph (f). The revisions read as follows: § 1735.43 Payments on Loans.

(b)Borrowers that have demonstrated to the satisfaction of the Administrator an inability to maintain the funded reserve or net plant to secured debt ratio requirements, if any, contained in their mortgage, may elect to replace notes with an original maturity that exceeded the composite economic life of the facilities financed with notes bearing a shorter maturity approximating the expected composite economic life of the facilities financed, if this will result in a shorter maturity for the loan. The principal balance of the notes (hereinafter in this section called the “refunding notes”) issued to refund and substitute for the original notes would be the unpaid principal balance of the original notes. The refunding notes would mature at a date no later than the remaining economic life of the facilities financed by the loan, plus three years, as determined by the original feasibility study prepared in connection with the loan. Interest on the original note must continue to be paid through the closing date. All other payment terms, including the rate of interest on the refunding notes, would remain unchanged. Disposition of funds in the funded reserve will be determined by RUS at the closing date. RUS will notify the borrower in writing of the amendment of loan payment requirements and the terms and conditions thereof.

(c)A borrower qualifying under paragraph

(b)of this section shall not be required to pay a prepayment premium on such portion of the payments under its new notes as exceeds the payments required under the notes being replaced.

(d)To apply for refunding notes, borrowers must send to the Area Office the following:

(1)A certified copy of a board resolution requesting an amendment of loan payment requirements and that certain notes be replaced;

(2)If applicable, evidence of approval by the regulatory body with jurisdiction over the telecommunications service provided by the borrower to issue refunding notes; and

(3)Such other documents as may be required by the RUS.

(e)Principal and interest will be repaid in accordance with the terms of the notes. Generally, interest is payable each month as it accrues. Principal payments on each note generally are scheduled to begin 2 years after the date of the note. After this deferral period, interest and principal payments on all funds advanced during this 2-year period are scheduled in equal monthly installments. Principal payments on funds advanced 2 years or more after the date of the note will begin with the first billing after the advance. The interest and principal payments on each of these advances will be scheduled in equal monthly installments. This CFR part supersedes those portions of RUS Bulletin 320-12, “Loan Payments and Statements” with which it is in conflict. 14. Revise § 1735.44 to read as follows: § 1735.44 Prepayment premiums. The loan documents normally provide that RUS insured loans may be repaid in full at any time without prepayment premiums. Depending upon the lender, there may be prepayment premiums on loans guaranteed by RUS. See RUS Bulletin 320-12 for additional information. This CFR part supersedes those portions of RUS Bulletin 320-12, “Loan Payments and Statements,” with which it is in conflict. 15. Amend § 1735.46 by revising paragraph

(f)to read as follows: § 1735.46 Loan security documents.

(f)This section does not limit the rights of any parties to the mortgage other than RUS. 16. Amend § 1735.47 by revising paragraph (a)(2) to read as follows: § 1735.47 Rescissions of loans.

(a)* * *

(2)Sufficient funds are available from sources other than RUS or FFB to complete the purposes of the loan being rescinded; or PART 1737—PRE-LOAN POLICIES AND PROCEDURES COMMON TO INSURED AND GUARANTEED TELECOMMUNICATIONS LOANS 17. The authority citation for part 1737 continues to read as follows: Authority: 7 U.S.C. 901 *et seq.,* 1921 *et seq.;* Pub. L. 103-354, 108 Stat. 3178 (7 U.S.C. 6941 *et. seq.* ). Subpart A—General 18. Amend § 1737.2 by revising the definition of “RUS cost-of-money loan” and removing the definition of “RTB loan”. The revision reads as follows: § 1737.2 Definitions. *RUS cost-of-money loan* means a loan made under section 305(d)(2) of the RE Act bearing an interest rate as determined under 7 CFR 1735.31(c). Subpart B—Preapplication Stage 19. Amend § 1737.11 by revising paragraph

(i)to read as follows: § 1737.11 Preapplication determinations.

(i)*Telecommunications modernization plan.* A borrower applying for hardship or concurrent RUS cost-of-money loans should refer to 7 CFR part 1751, subpart B. Subpart G—Project Cost Estimation Procedures 20. Amend § 1737.60 by revising the last sentence in paragraph

(a)introductory text and paragraphs (a)(1) and

(2)to read as follows: § 1737.60 Telephone loan budget.

(a)* * * The amount of funds included in any loan shall be limited for certain items:

(1)Operating funds for working capital or current operating deficiencies shall be included only in cases of financial hardship as determined by the Administrator.

(2)Contingencies shall not exceed 3 percent of the total amount of loan funds to be used for construction, engineering, operating equipment and operating funds. Subpart H—Feasibility Determination Procedures 21. Amend § 1737.71 by revising the first sentence of paragraph

(a)to read as follows: § 1737.71 Interest rate to be considered for the purpose of assessing feasibility for loans

(a)For purposes of determining the creditworthiness of a borrower for RUS cost-of-money, the Administrator shall assume that the loan, if made, would bear interest at the Treasury rate on the date of determination as described in paragraph

(b)of this section. * * * PART 1740—[REMOVED AND RESERVED] 22. Under the authority of section 6602, Pub. L. 115-334, 132 Stat. 4490, part 1740 is removed and reserved. PART 1744—POST-LOAN POLICIES AND PROCEDURES COMMON TO GUARANTEED AND INSURED TELEPHONE LOANS 23. The authority citation for part 1744 continues to read as follows: Authority: 7 U.S.C. 901 *et seq.,* 1921 *et seq.,* and 6941 *et seq.* Subpart B—Lien Accommodations and Subordination Policy 24. Amend § 1744.21 by revising the definitions of “Administrator”, “Advance”, “RE Act (Act)”, and “RUS” to read as follows: § 1744.21 Definitions. *Administrator* means the Administrator of RUS. *Advance* means transferring funds from RUS or a lender guaranteed by RUS to the borrower's construction fund. *RE Act (Act)* means the Rural Electrification Act of 1936 (7 U.S.C. 901 *et. seq.* ). *RUS* means the Rural Utilities Service, and includes its predecessor, the Rural Electrification Administration. Subpart C—Advance and Disbursement of Funds 25. Amend § 1744.67 by revising the paragraph (a)(2) introductory text to read as follows: § 1744.67 Temporary excess construction funds.

(a)* * *

(2)With RUS cost-of-money or FFB loan funds, the following apply: 26. Amend § 1744.68 by revising paragraphs

(a)introductory text and (a)(1), and the first sentence of paragraph

(d)to read as follows: § 1744.68 Order and method of advances of telephone loan funds.

(a)Borrowers may specify the sequence of advances of funds under any combination of approved telephone loans from RUS or FFB, except that for all loans approved on or after November 1, 1993, the borrower may use loan funds:

(1)Only for purposes for which that type of loan ( *i.e.* Hardship, RUS cost-of-money, or FFB) may be made; and

(d)Borrowers of RUS funds may request advances by wire service only for amounts greater than $500,000 or for advances to borrowers outside the Continental United States. * * * Subpart E—Borrower Investments § 1744.200 [Amended] 27. Amend § 1744.200 by removing paragraph (b). 28. Amend § 1744.201 by revising the definitions of “Administrator” and “Borrower” and removing the definition of “RTB”. The revisions read as follows: § 1744.201 Definitions. *Administrator* means the Administrator of the Rural Utilities Service (RUS). *Borrower* means any organization which has an outstanding loan made by RUS or guaranteed by RUS, or which is seeking such financing. PART 1751—TELECOMMUNICATIONS SYSTEM PLANNING AND DESIGN CRITERIA, AND PROCEDURES 29. The authority citation for part 1751 continues to read as follows: Authority: 7 U.S.C. 901 *et seq.,* 1921 *et seq.;* Pub. L. 103-354, 108 Stat. 3178 (7 U.S.C. 6941 *et seq.* ). 30. Amend § 1751.100 by revising the definitions of “Borrower” and “RUS cost-of-money loan” and removing the definition of “RTB loan”. The revisions read as follows: § 1751.100 Definitions. *Borrower.* Any organization that has received a RUS loan designation number and which has an outstanding telephone loan made by RUS or guaranteed by RUS, or which has a completed loan application with RUS. *RUS cost-of-money loan.* A loan made under section 305(d)(2) of the RE Act bearing interest as determined under 7 CFR 1735.31(c). 31. Amend § 1751.103 by revising the second sentence in paragraph

(a)introductory text to read as follows: § 1751.103 Loan and loan advance requirements.

(a)* * *. In particular, beginning February 13, 1996, RUS will make RUS hardship and RUS cost-of-money loans for facilities and other RE Act purposes in a State only if: Chapter XVIII—Rural Housing Service, Rural Business-Cooperative Service, Rural Utilities Service, and Farm Service Agency, Department of Agriculture Subchapter I—Administrative Regulations PART 2003—ORGANIZATION 32. The authority citation for part 2003 continues to read as follows: Authority: 5 U.S.C. 301; 7 U.S.C. 6941; and 7 CFR 2.17. § 2003.1 [Amended] 33. Amend § 2003.1 by removing the definition of “RTB”. 34. Amend § 2003.22 by revising paragraphs

(b)introductory text, (b)(3) introductory text, and (b)(3)(iii) to read as follows: § 2003.22 - Functional organization of RUS.

(b)*Office of the Administrator.* According to 7 CFR 2.47, the Administrator has responsibility for managing and administering the programs and support functions of RUS to provide financial and technical support for rural infrastructure to include electrification, clean drinking water, telecommunications, and water disposal systems, pursuant to the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1921 *et. seq.* ), and the Rural Electrification Act of 1936, as amended (7 U.S.C. 901 *et. seq.* ). The office develops and implements strategic plans concerning the Rural Electrification Act of 1936, as amended.

(3)*Office of Assistant Administrator* — *Telecommunications Program.* Headed by the Assistant Administrator—Telecommunications Program, this office is responsible to the Administrator for directing and coordinating the National Rural Telecommunications, Distance Learning, and Telemedicine programs of RUS. The Assistant Administrator, Telecommunications Program, is responsible for developing, maintaining, and implementing regulations and program procedures on the processing and approval of grants, loans, and loan-related activities for all rural telecommunications borrowers and grant recipients. The office directs the following three divisions:

(iii)*Telecommunications Area Offices.* Headed by area directors, these four offices are responsible for administering the Telecommunications, Distance Learning, and Telemedicine programs for specific geographic areas, and serving as the single point of contact for all program applicants and borrowers within their respective areas. The offices provide guidance to applicants and borrowers on RUS loan policies and procedures and make recommendations to the Administrator on applications for loans, guarantees, and grants. The offices assure that borrower systems and facilities are designed and constructed in accordance with the terms of the loan, acceptable engineering practices and specifications, and acceptable loan security standards. Chapter XX—[Removed and Reserved] 35. Under the authority of section 6602, Pub. L. 115-334, 132 Stat. 4490, 7 CFR chapter XX, consisting of parts 2200 through 2299, is removed and reserved. Chad Rupe, Administrator, Rural Utilities Service. [FR Doc. 2019-24310 Filed 11-6-19; 8:45 am]

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