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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations
range engineering plans must be approved by RUS. This is a conforming change to a prior rulemaking.
3 Section 1717.608b was amended to change the current approval requirement to a notification and to increase the threshold for the notification. This change will reduce the amount of oversight for the borrower.
Paragraph c was amended to change the RUS approval of Power Supply Arrangements and any amendments to a term of 5 years. This will decrease the wait time for borrowers. Both of these changes will allow the Agency to focus resources on contracts with potentially higher risks.
4 Section 1717.616 introductory text was revised to apply to all borrowers and different coverage ratios will be reviewed on a case by case basis.
Paragraph b was revised to remove the specific ratios with a cross reference to 1710.114b and other financial requirements as established by their Mortgages, Loan Contracts and/or other Security Agreements was added. These changes provide the borrowers with more flexibility on ratios they are required to meet to sell property.
5 Section 1717.854c2 was amended to reduce the equity requirement related to RUS advance approval for lien sharing from 27 to 20
percent. This will reduce the number of borrowers that need to obtain prior approval before borrowing funds from an outside lender.
d Changes to 7 CFR part 1718
Loan Security Documents for Electric Borrowers include removing appendix A to subpart B and appendix A to subpart C. These were removed because copies of the model mortgage and loan contract are available upon request as noted in 1718.54 and 1718.104. Also, in 1718.54, the reference to Administrative Services Division was removed for consistency.
e Changes to 7 CFR part 1721
Post-Loan Policies and Procedures for Insured Electric Loans include revising 1721.1a to identify those projects for which loan funds may be advanced and remove the requirement to amend an approved loan. This change provides greater financing flexibility for borrowers.
f Changes to 7 CFR part 1726
Electric System Construction Policies and Procedures include:
1 Section 1726.35 was revised to remove outdated references, allow a borrower to submit a certification statement in lieu of three copies of each contract conforming change to prior rulemaking and to provide for electronic submission of documents.

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2 Sections 1726.51b and 1726.77b were revised to increase the contract procurement limits and to allow for some Cost-Plus/Hourly contracts. These changes will provide greater flexibility to the borrowers related to contracting as well as reduce the number of requests submitted to the Agency for review and action.
3 Section 1726.77c was revised to increase the limits for requiring contract approval and to set the contract approval threshold to be the same for all borrowers. This change simplifies the program regulation and potentially minimizes misinterpretation.
4 Section 1726.150b was revised to increase contract procurement limits for headquarters buildings. This change is expected to create flexibility for the borrower.
5 Section 1726.176 introductory text was revised to add Automated Meter Reading/Automated Metering Infrastructure to the list of items covered in the regulation. Paragraph b3 was revised to set contract approval thresholds to be the same for all borrowers to simplify the program regulation and potentially minimize misinterpretation.
6 Section 1726.403c2ii was revised to provide that a borrower may now submit a certification statement in lieu of closeout documents. It was also modified to remove the instruction that the closeout documents are to be submitted through the General Field Representative. These changes are intended to create process efficiency for the borrower.
g Changes to 7 CFR part 1730
Electric System Operations and Maintenance include removing appendix A to subpart B and revising 1730.23 to read The RUS Form 300
is available from RUS and shall be used when required by this part. RUS seeks to remove appendix A to subpart B to adapt program rules so that the program can be delivered effectively, efficiently and consistent with the current industry developments and technology changes.
h Changes to 7 CFR part 1767
Accounting Requirements for RUS
Electric Borrowers include modifications to 1767.41 Number 119
Special Equipment to provide clarification and additional guidance related to the treatment of Special Equipment.
III. Executive Orders and Acts Executive Order 12866
This final rule has been determined to be non-significant for purposes of Executive Order E.O. 12866 and therefore has not been reviewed by the
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Office of Management and Budget OMB.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance CFDA number assigned to the Rural Electrification Loans and Loan Guarantees Program is 10.850. The Catalog is available on the internet at https beta.sam.gov/. The Government Publishing Office 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 5121800 or toll free at 866 5121800, or access GPOs online bookstore at https
bookstore.gpo.gov.
Executive Order 12372, Intergovernmental Review of Federal Programs This rule is excluded from the scope of Executive Order 12372, Intergovernmental Consultation, which may require a consultation with State and local officials. See the final rule related notice entitled, Department Programs and Activities Excluded from Executive Order 12372 50 FR 47034
advising that RUS loans and loan guarantees were not covered by Executive Order 12372.
Executive Order 13175, Consultation and Coordination With Indian Tribal Governments The Agency has determined that this final rule does not have a substantial direct effect on one or more Indian tribes or on either the relationship or the distribution of powers and responsibilities between the Federal Government and Indian tribes. Thus, this final rule is not subject to the requirements of Executive Order 13175.
Consequently, the Agency will not conduct tribal consultation sessions. If a Tribe determines that this rule has implications of which RUS is not aware and would like to request governmentto-government consultation on this rule, please contact USDA Rural Developments Native American Coordinator at 720 5442911 or AIAN@usda.gov.
Executive Order 12988, Civil Justice Reform This final rule has been reviewed under Executive Order 12988, Civil
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