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

15031 

Vol. 87, No. 52 

Thursday, March 17, 2022 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

[Docket Number RUS–20–TELECOM–0044] 

7 CFR Parts 1735 and 1737 

RIN 0572–AC48 

Implementation of 

Telecommunications Provisions of the 

Agricultural Improvement Act of 2018 

AGENCY: Rural Utilities Service, USDA. 

ACTION: Final rule; confirmation. 

SUMMARY: The Rural Utilities Service, a 

Rural Development agency of the United 

States Department of Agriculture 

(USDA), hereinafter referred to as 

‘‘RUS’’ or ‘‘the Agency,’’ published in 

the Federal Register on September 10, 

2021, a final rule with request for 

comments. This document presents the 

opportunity for the Agency to provide 

its responses to the public comments 

received on the final rule and to confirm 

the final rule as published. 

DATES: March 17, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Laurel Leverrier, Assistant 

Administrator, Telecommunications 

Program, Rural Utilities Service, U.S. 

Department of Agriculture, email: 

laurel.leverrier@usda.gov, telephone 

(202) 720–9556. 

SUPPLEMENTARY INFORMATION: The RUS 

published a final rule with request for 

comments in the Federal Register on 

September 10, 2021 at 86 FR 50604. The 

final rule modified existing regulations 

to implement statutory provisions of the 

Agriculture Improvement Act of 2018 

(2018 Farm Bill). 

The comment period on the final rule 

closed November 9, 2021. Comments 

were received from five respondents. 

The comments provided and Agency 

responses are as follows: 

Respondent One 

Respondent one is an individual that 

offered general comments on the 

importance of connectivity and how it 

can benefit rural areas and farmers. 

Agency Response: Thank you for your 

comment. 

Respondent Two 

Respondent two is a small company 

located in Kansas that started up 

specifically to offer broadband service 

with a grant through a COVID–19 

response program. The company had to 

take on additional debt in order to 

expand their service and have provided 

general comments on their experience 

with providing service to a small area 

and the challenges they continue to 

face. They ‘‘would like to see 

refinancing limits to 100 percent loans 

and 50 percent for non-RUS loans.’’ 

They express the need for easier access 

to capital for network upgrades. 

Agency Response: Thank you for your 

comment. 

Respondent Three 

Respondent three is an organization 

that represents its member 

telecommunications companies and 

advocates on their behalf. They 

provided a general discussion on the 

changes made to the regulation and 

offered the following: ‘‘The proposed 

rules for implementing the changes to 

the Rural Telephone Loan Program 

represent a good faith and commendable 

effort to carry out the will of Congress 

expressed in the 2018 Farm Bill, and 

USDA has the benefit of decades of 

experience (and countless success 

stories) at RUS in supporting rural 

telecom and coordinating with other 

federal programs. As RUS begins 

administering the revamped program, 

however, it will be important to 

recommit to such efforts, including 

identifying where providers are 

receiving USF or other program support 

to deploy to at least the RUS broadband 

standard, and limiting future USDA 

awards in those areas to the recipients 

of support or funding from these other 

programs instead of duplicating the 

existing network and putting scarce 

federal resources at risk.’’ 

As part of their concern for 

identifying where existing providers are 

located, they recommended adding to 

§ 1735.12 on nonduplication ‘‘that such 

loan will not results in duplication of 

lines, facilities, or systems that are 

obligated to be built in the area in 

question to provide reasonably adequate 

services under other programs 

administered by the Agency or any 

other federal Agency.’’ 

Agency Response: The Agency 

supports the respondent’s comment and 

the Agency meets with other federal 

agencies that support the deployment of 

broadband facilities on a regular basis. 

We appreciate your suggestion and will 

keep it under consideration for a future 

change to the regulation. As the Agency 

works with our other federal partners, 

we will develop an overall strategy that 

ensures the most efficient use of all 

federal dollars allocated to providing 

broadband service. 

Respondent Four 

Respondent four is an existing Native 

American RUS borrower that has been 

in operation over 60 years. They have 

outstanding loans in the 

telecommunications and broadband 

programs. They ‘‘strongly support the 

included federal rule amendments and 

urge their expeditious implementation 

by the RUS.’’ In support of and relating 

to these changes, the company offered a 

detailed summary of their existing 

operations and their hard work in 

providing modern, state-of-the-art 

telecommunications services to its 

customers. Their broadband penetration 

‘‘sits at approximately 58 percent and 

while the company understands the 

importance of making its broadband 

services more affordable, it has been 

unable to reduce its pricing given 

financial, cost recovery needs. As a 

small company providing broadband 

and voice services over a large, remote, 

and thinly populated area, the company 

faces significant cost recovery 

challenges.’’ In recognition of their cost 

recovery and price affordability 

concerns, they have been in discussions 

with the Agency on extensions, revised 

loan terms or full refinancing options. 

As to implementation of the final rule 

and issuance of the referenced funding 

opportunity announcement, ‘‘the 

borrower urges RUS to move swiftly in 

its process, issuing the required public 

notice at the earliest opportunity. 

Furthermore, the company requests that 

the RUS in making funds available for 

refinancing establish a process for 

receiving and reviewing applications 

that fairly takes into account the interest 

of the company and other service 

providers.’’ 

In its summary, the borrower ‘‘urges 

the RUS to sufficiently clarify within 

the released Notice of Funding 


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15032 Federal Register / Vol. 87, No. 52 / Thursday, March 17, 2022 / Rules and Regulations 

Opportunity the differences in the 

informational requirements, review 

processes and the estimated timelines 

that will apply with respect to the RUS 

review of refinance applications vs. 

original loan applications. Also, given 

the informational requirements and 

steps necessary for full review and final 

action by the RUS should not be as 

extensive for refinance applications, the 

borrower encourages the RUS to 

implement a timeline for its acceptance 

and review of refinance applications 

that is different than, and much shorter, 

that the timelines will be established for 

the submittal, review and action on 

applications for new infrastructure 

loans.’’ 

Agency response: The Agency is in 

the final phase of the funding 

announcement to open the 

Infrastructure Program to the new 

refinancing opportunities. The funding 

announcement will include the 

requirements that need to be satisfied to 

receive the refinancing. Applications 

will be processed as soon as they are 

submitted. 

Respondent Five 

Respondent five is a national trade 

association that represents small, rural 

telecommunications providers across 

rural America. Many of the rural 

location exchange carriers they 

represent have a long-standing 

relationship with the Agency going back 

more than 75 years. The respondent 

‘‘supports RUS’ efforts that streamline 

the Loan Program and eliminate 

unnecessary requirements so that the 

Program operates more efficiently. In 

addition, the respondent supports some 

of the more substantive changes made to 

the Loan Program rules. Specifically, 

creating a minimum retail broadband 

service speed standard of 25/3 Mbps 

will help ensure rural areas are not left 

behind more populated areas when it 

comes to broadband service. In addition, 

broader loan restructuring and 

refinancing authority will allow RUS 

borrowers to take advantage of better 

interest rates. Finally, the creation of a 

public notice requirement for loan 

applications will help ensure funds are 

not used to duplicate existing networks; 

however, RUS should strengthen this 

provision by directly contacting 

incumbent service providers to let them 

know of a submitted application.’’ 

Agency response: The Agency 

believes that the public notice 

requirements, set out by statute, 

sufficiently put incumbent service 

providers on notice that an application 

has been submitted under any program 

at USDA for retail broadband assistance. 

The Agency did not receive any 

significant adverse comments during the 

public comment period on the final 

rule, and therefore confirms the rule 

without change. 

Christopher A. McLean, 

Acting Administrator, Rural Utilities Service. 

[FR Doc. 2022–05496 Filed 3–16–22; 8:45 am] 

BILLING CODE 3410–15–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 21 

[Docket No. FAA–2020–1088] 

Airworthiness Criteria: Special Class 

Airworthiness Criteria for the 

TELEGRID Technologies, Inc. 

TELEGRID DE2020 Unmanned Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Issuance of final airworthiness 

criteria. 

SUMMARY: The FAA announces the 

special class airworthiness criteria for 

the TELEGRID Technologies, Inc. Model 

TELEGRID DE2020 unmanned aircraft 

(UA). This document sets forth the 

airworthiness criteria the FAA finds to 

be appropriate and applicable for the 

UA design. 

DATES: These airworthiness criteria are 

effective April 18, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Christopher J. Richards, Emerging 

Aircraft Strategic Policy Section, AIR– 

618, Strategic Policy Management 

Branch, Policy and Innovation Division, 

Aircraft Certification Service, Federal 

Aviation Administration, 6020 28th 

Avenue South, Room 103, Minneapolis, 

MN 55450, telephone (612) 253–4559. 

SUPPLEMENTARY INFORMATION: 

Background 

TELEGRID Technologies, Inc. 

(TELEGRID) applied to the FAA on 

February 24, 2020, for a special class 

type certificate under Title 14, Code of 

Federal Regulations (14 CFR) 21.17(b) 

for the Model TELEGRID DE2020 

unmanned aircraft system (UAS). 

The Model TELEGRID DE2020 

consists of a rotorcraft UA and its 

associated elements (AE) including 

communication links and components 

that control the UA. The Model 

TELEGRID DE2020 UA has a maximum 

gross takeoff weight of 24 pounds. It is 

approximately 39 inches in width, 39 

inches in length, and 17 inches in 

height. The Model TELEGRID DE2020 

UA uses battery-powered electric 

motors for vertical takeoff, landing, and 

forward flight. The UAS operations 

would rely on high levels of automation 

and may include multiple UA operated 

by a single pilot, up to a ratio of 20 UA 

to 1 pilot. TELEGRID anticipates 

operators will use the Model TELEGRID 

DE2020 for delivering packages. The 

proposed concept of operations 

(CONOPS) for the Model TELEGRID 

DE2020 identifies a maximum operating 

altitude of 400 feet above ground level 

(AGL), a maximum cruise speed of 22 

knots (25 mph), operations beyond 

visual line of sight (BVLOS) of the pilot, 

and operations over human beings. 

TELEGRID has not requested type 

certification for flight into known icing 

for the Model TELEGRID DE2020. 

The FAA issued a notice of proposed 

airworthiness criteria for the TELEGRID 

DE2020 UAS, which published in the 

Federal Register on November 20, 2020 

(85 FR 74289). 

Summary of Changes From the 

Proposed Airworthiness Criteria 

Based on the comments received, 

these final airworthiness criteria reflect 

the following changes, as explained in 

more detail under Discussion of 

Comments: A new section containing 

definitions; revisions to the CONOPS 

requirement; changing the term ‘‘critical 

part’’ to ‘‘flight essential part’’ in 

D&R.135; changing the basis of the 

durability and reliability testing from 

population density to limitations 

prescribed for the operating 

environment identified in the 

applicant’s CONOPS per D&R.001; and, 

for the demonstration of certain 

required capabilities and functions as 

required by D&R.310. 

Additionally, the FAA re-evaluated its 

approach to type certification of lowrisk UA using durability and reliability 

testing. Safe UAS operations depend 

and rely on both the UA and the AE. As 

explained in FAA Memorandum 

AIR600–21–AIR–600–PM01, dated July 

13, 2021, the FAA has revised the 

airworthiness criteria to define a 

boundary between the UA type 

certification and subsequent operational 

evaluations and approval processes for 

the UAS (i.e., waivers, exemptions, and/ 

or operating certificates). 

To reflect that these airworthiness 

criteria rely on durability and reliability 

(D&R) testing for certification, the FAA 

changed the prefix of each section from 

‘‘UAS’’ to ‘‘D&R.’’ 

Lastly, the FAA revised D&R.001(g) to 

clarify that the operational parameters 

listed in that paragraph are examples 

and not an all-inclusive list. 


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