This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

71987 

Vol. 88, No. 201 

Thursday, October 19, 2023 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Parts 1710, 1779, 1780 and 1783 

Rural Housing Service 

Rural Business-Cooperative Service 

Rural Utilities Service 

Farm Service Agency 

7 CFR Parts 1942 and 1980 

Rural Housing Service 

7 CFR Part 3570 

Rural Business-Cooperative Service 

Rural Utilities Service 

7 CFR Parts 4274, 4279, and 4280 

[Docket No. RUS–20–TELECOM–0022] 

RIN 0572–AC50 

Special Authority To Enable Funding 

of Broadband and Smart Utility 

Facilities Across Select Rural 

Development Programs 

AGENCY: Rural Utilities Service, Rural 

Housing Service, Rural BusinessCooperative Service, USDA. 

ACTION: Final rule, confirmation and 

response to comments. 

SUMMARY: The Rural Utilities Service, 

Rural Business-Cooperative Service, and 

Rural Housing Service, agencies that 

comprise the Rural Development (RD) 

Mission Area within the United States 

Department of Agriculture, published a 

final rule with comment in the Federal 

Register on September 15, 2020, to 

establish the special authority 

authorized by Section 6210 of the 

Agriculture Improvement Act of 2018, 

which will assist rural families and 

small businesses in gaining access to 

broadband service by permitting 

recipients of loans, grants, and loan 

guarantees from RD to use up to 10 

percent of the amount provided to 

construct broadband infrastructure in 

areas not served by the minimum 

acceptable level of broadband service. 

The final rule described the procedures 

by which these agencies will consider 

projects eligible for special broadband 

authority. Through this action, the 

agencies are confirming the final rule as 

it was published and providing 

responses to the public comments that 

were received. 

DATES: Effective October 19, 2023, the 

effective date of the final rule published 

September 15, 2020, at 85 FR 57077 is 

confirmed. 

FOR FURTHER INFORMATION CONTACT: 

Michele Brooks, Director, Regulations 

Management Division, Innovation 

Center, Rural Development, U.S. 

Department of Agriculture, 1400 

Independence Avenue SW, Washington, 

DC 20250; telephone 202–690–1078, 

email Michele.Brooks@usda.gov. 

SUPPLEMENTARY INFORMATION: Rural 

Development (RD) is a mission area 

within the United States Department of 

Agriculture (USDA) comprised of the 

Rural Utilities Service (RUS), Rural 

Housing Service (RHS) and Rural 

Business-Cooperative Service (RBCS). 

RD’s mission is to increase economic 

opportunity and improve the quality of 

life for all rural Americans. Rural 

Development meets its mission by 

providing loans, loan guarantees, grants, 

and technical assistance through more 

than 40 programs aimed at creating and 

improving housing, businesses, and 

infrastructure throughout rural America. 

Part of rebuilding America’s 

infrastructure is investing in rural 

broadband. 

On December 20, 2018, Congress 

passed The Agricultural Improvement 

Act of 2018 (2018 Farm Bill) (Pub. L. 

115–334). In addition to sweeping 

changes in broadband program 

authorities, Congress provided for 

special use of funding from other RD 

programs for broadband deployment in 

Section 6210, ‘‘Smart Utility Authority 

for Broadband.’’ The provision granted 

the Secretary of Agriculture the 

discretion to allow recipients of grants, 

loans, or loan guarantees under RD 

programs to use not more than 10 

percent of such funding to finance 

broadband infrastructure in areas not 

served by the minimum acceptable level 

of broadband service and which will not 

result in competitive harm to a current 

RD loan, grant, or loan guarantee. 

The final rule that published 

September 15, 2020 (85 FR 57077), 

included a 60-day comment period that 

ended on November 16, 2020. The 

agency received comments from eight 

respondents that included industry 

associations, individuals, and a nonprofit organization. All eight 

respondents were supportive of the final 

rule. 

Respondent 1: The respondent, an 

industry association, provided 

constructive feedback related to four 

specific issues and areas of concern. 

(1) The evaluation of the 10 percent 

rule could complicate or delay overall 

approval of an application for a grant or 

loan product. Evaluation of the 

broadband portion of loans under the 

final rule should not result in a delay of 

loan approval or processing. 

Agency response: The respondent’s 

concern for not delaying the processing 

or approval of grant or loan products is 

acknowledged. The Agencies will work 

within their available resources to 

timely review and process any and all 

requests. 

(2) Based on prior experience with 

other RD programs, the respondent 

urged the agencies to provide the 

applicant with access to the response/ 

challenge filed in reply to their 

application and be given a chance to 

respond within a reasonable period and 

to verify incumbent claims of adequate 

service throughout the contested area. 

Agency response: Through the public 

notice response process currently in 

place, the Agency can conduct an onsite review of the proposed service area 

to determine if adequate broadband 

exists. If an area of the proposed funded 

service area is found to be ineligible, the 

Agency will work with applicants to 

modify the proposed service area 

accordingly. 

(3) The Agencies should clarify that it 

is requesting incumbents to provide 

actual speeds and results of speed test 

to verify the consumer experience and 

to provide pricing data for locations in 

question and urged the Agencies to 

avoid use of unreliable Broadband Data 

sets for verification. 

Agency response: The Agency 

acknowledges the respondents comment 

and will take this recommendation into 


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71988 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Rules and Regulations 

consideration for future modifications to 

the public notice response process. 

(4) The respondent also urged the 

RUS to regularly update the minimum 

acceptable level of broadband service. 

Agency response: The minimum 

acceptable level of broadband service is 

designed to change with the everincreasing bandwidth requirements that 

the public requires. The Agency has 

implemented procedures in 7 CFR 

1738.2 that allow the definition of 

broadband service to be updated any 

time an application window is opened 

through a notice in the Federal Register 

or required by statute. 

Respondent 2: The respondent, an 

industry association, provided three 

specific comments as part of their 

response. 

(1) The respondent reminded the 

Agency it must comply with 

requirements applicable to all 

broadband funding to include notice 

and challenge, reporting and Agency 

coordination. 

Agency response: The Agency 

acknowledges this comment and will 

continue to follow the regulations and 

processes it has in place for its existing 

broadband lending programs. 

(2) The respondent requested that 

RUS clarify than an area is only eligible 

for funding if there is no broadband 

service available, whether fixed or 

mobile, that reaches the designated 

speeds. 

Agency response: Section 

1980.1207(b) states that if RUS 

determines that the minimum 

acceptable level of broadband service is 

available in the proposed retail service 

area after review of information 

submitted from service providers, if any, 

and all available data on broadband 

availability, the Awarding Agency shall 

not approve the use of funds for such 

purpose. The Agency feels this section 

addresses the respondents comment and 

no changes are needed. 

(3) The respondent encouraged RUS 

to adopt new rules for all of its 

broadband funding programs through 

notice and comment rulemaking 

procedures. 

Agency response: The Agency will 

continue to follow all rulemaking 

procedures as applicable. 

Respondent 3: The respondent, an 

industry association, encouraged careful 

precision when multiplying the number 

of programs supporting broadband. The 

respondent encourages USDA and the 

FCC programs to work in concert stating 

that Section 6210 funds should be used 

in concert with USF to deploy the 

fastest, most reliable networks possible. 

The respondent noted ‘‘as more RD 

programs support broadband network 

deployment under Sec 6210, it will 

remain essential to use the additional 

funds to supplement the work of 

existing programs instead of supporting 

an additional ISP in a rural area that 

will not even support one provider on 

its own.’’ The respondent suggests that 

the rule ‘‘include a provision indicating 

that, for an area where FCC data 

indicate that a provider is receiving 

High-Cost USF support and is subject to 

the corresponding obligation to deploy 

a network that will deliver 25/3 Mbps 

or greater service, no other provider will 

be eligible to obtain funds pursuant to 

Section 6210 in that specific area.’’ 

Agency response: The Agency is 

committed to continuing to work with 

the FCC and other federal partners to 

ensure that their programs and RUS’ 

programs are complementary of each 

other, not duplicative. 

Respondent 4: The respondent, an 

industry association, provided a 

resolution that outlines the challenges 

that rural organizations and businesses 

have in identifying and accessing 

federal broadband resources. The 

resolution also provided generalized 

recommendations to Congress and 

federal agencies concerning adopting 

higher broadband speeds as the 

standard, strengthening local 

partnerships and coordination, 

addressing application barriers for 

businesses, local governments, 

cooperatives and Tribes; allocating 

designated portions of available funding 

to support projects on tribal lands and 

to leverage community anchor 

institutions to spur connectivity. 

Agency response: Respondent four 

comments were more general and not 

specifically related to suggested changes 

for this final rule. The Agency 

appreciates the respondent’s 

commitment to Rural America and to 

maintaining positive local and federal 

relationships. 

Respondent 5, a university student, 

suggested the Agency increase the 

funding amount from 10 percent to 15 

percent. 

Agency response: Section 6210 of the 

2018 Farm Bill specifically states 10 

percent. An increase of this percentage 

would require a statutory change. 

Respondent 6, an individual, 

petitioned USDA to consider three 

changes: 

(1) To define the minimum acceptable 

level of broadband service from 25MB 

down and 3MB up to 50MB down and 

10MP up speeds. 

Agency response: As stated in an 

earlier response, the minimum 

acceptable level of broadband service is 

designed to change with the everincreasing bandwidth requirements that 

the public requires and to comply with 

statutory requirements. The Agency has 

implemented procedures in 7 CFR 

1738.2 that allow the definition of 

broadband speeds to be updated any 

time an application window is opened 

through a notice in the Federal Register. 

(2) Consider a temporary interest rate 

reduction on loans for organizations that 

provide broadband services to families 

engaged in distance education at a 

reduced cost. 

Agency response: Section 6210 of the 

2018 Farm Bill does not include a 

provision for an interest rate reduction 

when implementing this special 

broadband authority. 

(3) Increase the percentage 

organizations can spend on broadband 

and smart utility facilities from 10 

percent to 15 percent. 

Agency response: As stated in a 

previous response, Section 6210 of the 

2018 Farm Bill specifically limits such 

assistance to 10 percent. An increase of 

this percentage would require a 

statutory change. 

Respondent 7, an individual, offered 

his support of USDA establishing the 

authority authorized by section 6210 of 

the Agricultural Improvement Act of 

2018. 

Agency response: The Agency 

appreciates the respondent’s comments 

and support of this final rule. 

Respondent 8, a non-profit 

organization, did not offer comments 

specific to the rule. Instead, they 

outlined the importance of accurate 

broadband mapping data and their 

proposed solution to help with this 

undertaking. 

Agency response: The Agency 

appreciates the respondent’s efforts to 

improve broadband mapping data and 

their commitment to Rural America. 

The Agency evaluated the responsive 

comments and based on analysis, 

confirms the final rule without change. 

Farah Ahmad, 

Deputy Under Secretary for Rural 

Development. 

[FR Doc. 2023–23070 Filed 10–18–23; 8:45 am] 

BILLING CODE 3410–15–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 140 

[NRC–2023–0130] 

RIN 3150–AL02 

Increase in the Maximum Amount of 

Primary Nuclear Liability Insurance 

AGENCY: Nuclear Regulatory 

Commission. 


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