Signed Emergency Memo

USDA am&
mom Rural

Development

United States Department of Agriculture
Rural Development

August 20, 2019
TO:

Bike Hodson Marten
Senior Desk Officer
Office of Management and Budg t

THROUGH: Ruth Brown
USDA Information Collectio
FROM:

Chad Rupe
Administrator
Rural Utilities Servic

SUBJECT: Request for Emergency Approval of a New Information Collection Request for
the Revised Broadband Program

Rural Development (RD) is requesting emergency review and approval of a new information
collection for the Rural Utilities Service (RUS) to implement its revised regulation, Rural
Broadband Access Loan, Loan/Grant Combination and Loan Guarantees. The revised
regulation makes changes that were introduced through the Agricultural Act of 2018 (2018 Faiiii
Bill). The rule has been determined to be Significant for purposes of Executive Order
(E.0)12866. It has been submitted to OMB for review under E.O. 12866.
The Agency will publish the rulemaking action in the Federal Register as a Final rule; with
request for comments to notify borrowers of the new servicing regulation. The Administrative
Procedures Act exempts from prior notice rules any actions "relating to agency management or
personnel or to public property, loans, grants, benefits, or contracts" (5 U.S.C. 553(b)(A)).
Therefore, in order to ensure that any Information Collection and Recordkeeping activities are
approved on the effective date, RD is requesting emergency approval of the new infoimation
collection in coordination with OMB clearance of the associated rulemaking, as the use of
nounal clearance procedures is likely to prevent or disrupt the collection of information from
borrowers, the 60-Day notice for comments is embedded in the interim final rule; request for
comments. Due to the need to consider comments received and then issue another notice for the
Federal Register for an additional thirty days of comment, RD would not be able to complete the
information collection process before applications would be received. Failure to collect proper

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Web: http://www.rurdev.usda.gov
Committed to the future of rural communities.
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information from borrowers could result in improper determinations of assistance, hinder the
government's recovery of such loans, increase legal costs to the borrower as well as encumber
customer service. Please note that after the 60-Day comment period closes, RD will submit the
collection package for a 3-year approval addressing any comments received.
This new information collection addresses changes which include an increase in the number
of respondents and the inclusion of Public Notice requirements for the Telecommunications
Infrastructure Loan Program and Community Connect Program.
RD has been given a Congressional deadline of December 2019 to implement the changes
outlined in the 2018 Farm Bill for this particular regulation.
The revised regulation is consistent with the Administration's efforts to streamline
Government functions, improve the efficiency and effectiveness of Government activities, and
strive to be more borrower-friendly. It will make the program more accessible by providing a
new loan/grant combination loan to those entities that can provide the most coverage to
underserved areas.
In compliance with OMB regulations (5 CFR Part 1320), which implements the Paperwork
Reduction Act of 1995 (Pub. L. 104-13), the information collection and recordkeeping
requirements that may be imposed by this section are submitted to OMB for emergency review
and approval. Attached are the supporting statement and spreadsheet for this collection package.
Should you have any questions, please do not hesitate to contact Michele Brooks, Director,
Regulations Management Division, Rural Development Innovation Center by telephone at (202)
690-1078 or by email at [email protected].
Thank you in advance for your quick review and response to us.