[Federal Register Volume 77, Number 52 (Friday, March 16, 2012)]
[Rules and Regulations]
[Pages 15564-15565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-6420]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1735
RIN 0572-AC24
Expansion of 911 Access Loans and Loan Guarantees
AGENCY: Rural Utilities Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: The Rural Utilities Service (RUS) is adopting as a final rule,
without change, an interim rule to implement the Expansion of 911 as
authorized by Section 315 of the Rural Electrification Act of 1936 (RE
Act) as provided for in Section 6107 of the Food, Conservation, and
Energy Act of 2008 (2008 Farm Bill). The interim rule codified 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: Effective on March 16, 2012, we are adopting as a final rule the
interim rule published at 76 FR 56091-56094 on September 12, 2011.
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:
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; or 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
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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 to begin with. The
limited responder resources typical of rural areas can be more 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
leverage public and private resources to speed the rural deployment of
a dual-use public safety/commercial wireless network, address homeland
security communications needs along America's rural international
borders; finance enhanced 911 capabilities for carriers and communities
to precisely locate a rural wireless call to 911 or to finance next-gen
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. 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.
Comments on the interim rule were required to be received on or
before November 14, 2011. We received one comment supporting the
amendments to 7 CFR part 1735 by that date. Therefore, for the reasons
given in the interim rule, we are adopting the interim rule as a final
rule without change.
This action also affirms information contained in the interim rule
concerning Executive Order 12866 and the Regulatory Flexibility Act,
Executive Order 12988, and the Paperwork Reduction Act. Further, for
this action, the Office of Management and Budget has waived its review
under Executive Order 12866.
List of Subjects in 7 CFR Part 1735
Loan programs--communications, Reporting and recordkeeping
requirements, Rural areas, Telephone.
PART 1735--GENERAL POLICIES, TYPES OF LOANS, LOAN REQUIREMENTS--
TELECOMMUNICATIONS PROGRAM
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 7 CFR part 1735 and that was published at 76
FR 56091 on September 12, 2011.
Dated: February 24, 2012.
James R. Newby,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2012-6420 Filed 3-15-12; 8:45 am]
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