[Federal Register Volume 74, Number 210 (Monday, November 2, 2009)]
[Rules and Regulations]
[Pages 56542-56543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-26204]


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DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1710

RIN 0572-AC15


Electric Program: Definition of Rural Area

AGENCY: Rural Utilities Service, USDA.

ACTION: Direct final rule.

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SUMMARY: The Rural Utilities Service (RUS) is amending its regulations 
to administer the Electric Program. This action implements the 
provision in the Food, Conservation, and Energy Act of 2008 hereinafter 
called the ``2008 Farm Bill,'' amending the definition of ``rural 
area.'' The 2008 Farm Bill revises the definition of rural to include 
any area other than a city, town, or unincorporated area that has a 
population of greater than 20,000 inhabitants. The 2008 Farm Bill also 
includes in the revised rural definition those service areas of 
borrowers having an outstanding loan under Titles I through V of the 
Rural Electrification Act of 1936. The intended effect is to update 
agency regulations to reflect current statutory authority. No adverse 
comments are expected.

DATES: This rule will become effective December 17, 2009 unless the 
Agency receives written adverse comments or a written notice of intent 
to submit adverse comments on or before December 2, 2009. If we receive 
adverse comments or notices, the Agency will publish a timely document 
in the Federal Register withdrawing the rule. Comments received will be 
considered under the proposed rule published in this edition of the 
Federal Register in the proposed rule section. A second public comment 
period will not be held. Written comments must be received by the 
Agency or carry a postmark or equivalent no later than December 2, 
2009.

ADDRESSES: Submit adverse comments or notice of intent to submit 
adverse comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. In the ``Search Documents'' box, enter RUS-09-
Electric-0002, check the box under the Search box labeled ``Select to 
find documents accepting comments or submissions,'' and click on the 
GO>> key. To submit a comment, choose ``Send a comment or submission,'' 
under the Docket Title. In order to submit your comment, the 
information requested on the ``Public Comment and Submission Form,'' 
must be completed. (If you click on the hyperlink of the docket when 
the search returns it, you will see the docket details. Click on the 
yellow balloon to receive the ``Public Comment and Submission Form.'') 
Information on using Regulations.gov, including instructions for 
accessing documents, submitting comments, and viewing the docket after 
the close of the comment period, is available through the site's ``How 
to Use this Site'' link.
     Postal Mail/Commercial Delivery: Please send your comment 
addressed to Michele Brooks, Director, Program Development and 
Regulatory Analysis, USDA Rural Development, STOP 1522, Room, 5159 1400 
Independence Avenue, SW., Washington, DC 20250-1522. Please state that 
your comment refers to Docket No. RUS-09-Electric-0002.

    Other Information: Additional information about RUS and its 
programs is available at http://www.rurdev.usda.gov/index.html.

FOR FURTHER INFORMATION CONTACT: Chris Tuttle, Economist, Electric 
Programs, Rural Utilities Service, USDA Rural Development, 1400 
Independence Avenue, STOP 1570, Room 5038 South Building, Washington, 
DC 20250-1570. Telephone: (202) 205-3655; FAX: (202) 690-0717; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866 and, therefore has not been reviewed by the 
Office of Management and Budget (OMB).

Executive Order 12372

    The program is not subject to the provisions of Executive Order 
12372, ``Intergovernmental Review of Federal Programs,'' as implemented 
under USDA's regulations at 7 CFR part 3015.

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 section 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 effect will be given 
to the rule; and in accordance with section 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 
litigation against the Department or its agencies may be initiated.

[[Page 56543]]

Executive Order 13132, Federalism

    This rule will 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. Therefore, consultation with states is not required.

Regulatory Flexibility Act Certification

    The Agency certifies that this rule will not have a significant 
economic impact on a substantial number of small entities, as defined 
in the Regulatory Flexibility Act, 5 U.S.C. 605(b); therefore, no 
further analysis is required. The amendments reflect only statutory 
changes that Congress has mandated and over which the Agency has no 
discretion. They also involve minimal procedural matters on other 
agreements already negotiated.

Information Collection and Recordkeeping Requirements

    This rule contains no new reporting or recordkeeping burdens under 
Office of Management and Budget (OMB) control number 0572-0032 that 
would require approval under the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35).

National Environmental Policy Act Certification

    This final rule has been examined under Agency environmental 
regulations at 7 CFR part 1794. The Administrator has determined that 
this rule is not a major Federal action significantly affecting the 
environment. Therefore, in accordance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.), an Environmental Impact 
Statement or Assessment is not required.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance (CFDA) number assigned 
to the Electric Loan and Loan Guarantee program is 10.850 Rural 
Electrification Loans and Loan Guarantees. The catalog is available on 
the Internet and the General Services Administration's (GSA) free CFDA 
website at http://www.cfda.gov. The CFDA website also contains a PDF 
file version of the Catalog that, when printed, has the same layout as 
the printed document that the Government Printing Office (GPO) 
provides. GPO prints and sells the CFDA to interested buyers. For 
information about purchasing the Catalog of Federal Domestic Assistance 
from GPO, call the Superintendent of Documents at 202-512-1800 or toll 
free at 866-512-1800, or access GPO's on-line bookstore at http://bookstore.gpo.gov.

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 or the private sector. Thus, this 
rule is not subject to the requirements of sections 202 and 205 of the 
Unfunded Mandates Reform Act of 1995.

E-Government Act Compliance

    The Agency is committed to complying with the E-Government Act, to 
promote the use of the Internet and other information technologies to 
provide increased opportunities for citizen access to Government 
information and services, and for other purposes.

Background

    The Rural Electrification Act of 1936 (7 U.S.C. 901-950bb (REACT)), 
as amended establishes the authority for RUS to provide loans and loan 
guarantees to eligible entities for the purpose of financing the 
construction and operation of generating plants, electric transmission 
and distribution lines or systems for the furnishing and improving of 
electric service to rural areas, including by assisting electric 
borrowers to implement demand side management, energy conservation 
programs, and on and off grid renewable energy systems.
    The Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) 
(Pub. L. 110-246) hereinafter called the ``2008 Farm Bill,'' amends 
Section 13 of the Rural Electrification Act of 1936 by revising the 
definition of rural area to include any area other than a city, town, 
or unincorporated area that has a population of greater than 20,000 
inhabitants. The 2008 Farm Bill also includes in the revised rural 
definition those service areas of borrowers having an outstanding loan 
under Titles I through V of the REACT. The general and preloan policies 
and procedures common to Electric Program loans and loan guarantees are 
established in 7 CFR part 1710.
    The amendments will have no financial impact on the public or the 
Agency. It is a necessary action to comply with the requirements of the 
2008 Farm Bill. These amendments are not published for proposed 
rulemaking because they merely reflect changes in statutory authority 
enacted by the 2008 Farm Bill and make only minor technical corrections 
to the regulations, which do not involve matters of agency discretion. 
Notice and public comment, therefore, are impractical, unnecessary, and 
contrary to the public interest.

List of Subjects in 7 CFR Part 1710

    Electric power, Loan programs-energy, Reporting and recordkeeping 
requirements, Rural areas.

0
For reasons set forth in the preamble, chapter XVII of title 7 of the 
Code of Federal Regulations is amended as follows:

PART 1710--GENERAL PRE-LOAN POLICIES AND PROCEDURES COMMON TO 
ELECTRIC LOANS AND GUARANTEES

0
1. The authority citation for part 1710 continues to read as follows:

    Authority:  7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.

Subpart A--General

0
2. Amend Sec.  1710.2(a) to revise the definitions of ``Rural Area'' 
and ``Urban Area'' to read as follows:


Sec.  1710.2  Definitions and rules of construction.

    (a)
* * * * *
    Rural area means
    (i) any area of the United States, its territories and insular 
possessions (including any area within the Federated States of 
Micronesia, the Marshall Islands, and the Republic of Palau) other than 
a city, town, or unincorporated area that has a population of greater 
than 20,000 inhabitants; and
    (ii) any area within a service area of a borrower for which a 
borrower has an outstanding loan as of June 18, 2008, made under titles 
I through V of the Rural Electrification Act of 1936 (7 U.S.C. 901-
950bb). For initial loans to a borrower made after June 18, 2008, the 
``rural'' character of an area is determined at the time of the initial 
loan to furnish or improve service in the area.
* * * * *
    Urban area is defined as any area not considered a rural area per 
the definition contained in this subpart.
* * * * *

Jonathan Adelstein,
Administrator, Rural Utilities Service.
[FR Doc. E9-26204 Filed 10-30-09; 8:45 am]
BILLING CODE 3410-15-P