Rule2022-09606
Standards and Specifications for Timber Products Acceptable for Use by Rural Utilities Service Electric and Telecommunications Borrowers; Correction
Primary source
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Published
May 6, 2022
Effective
May 6, 2022
Issuing agencies
Agriculture DepartmentRural Utilities Service
Abstract
The Rural Utilities Service, a Rural Development agency in the United States Department of Agriculture, published a final rule on October 14, 2021, effective date of publication, amending its regulations on Electric and Telecommunications Standards and Specifications for Materials, Equipment and Construction to keep RUS standards current with the technology advances and consistent with the industry practice. This document corrects inadvertent errors that were published in that final rule, replaces an incorporated standard inadvertently removed from the centralized index section, and updates the incorporation by reference of RUS Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs and Anchor Logs.
Full Text
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<title>Federal Register, Volume 87 Issue 88 (Friday, May 6, 2022)</title>
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[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Rules and Regulations]
[Pages 26961-26963]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09606]
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Rules and Regulations
Federal Register
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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.
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Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Rules and
Regulations
[[Page 26961]]
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1728 and 1755
Standards and Specifications for Timber Products Acceptable for
Use by Rural Utilities Service Electric and Telecommunications
Borrowers; Correction
AGENCY: Rural Utilities Service, USDA.
ACTION: Final rule; technical correction.
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SUMMARY: The Rural Utilities Service, a Rural Development agency in the
United States Department of Agriculture, published a final rule on
October 14, 2021, effective date of publication, amending its
regulations on Electric and Telecommunications Standards and
Specifications for Materials, Equipment and Construction to keep RUS
standards current with the technology advances and consistent with the
industry practice. This document corrects inadvertent errors that were
published in that final rule, replaces an incorporated standard
inadvertently removed from the centralized index section, and updates
the incorporation by reference of RUS Bulletin 1728F-700, RUS
Specification for Wood Poles, Stubs and Anchor Logs.
DATES: Effective May 6, 2022.
Incorporation by Reference: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register as of May 6, 2022. The incorporation by reference
of certain other publications listed in this rule was approved by the
Director of the Federal Register as of June 18, 2019 and October 14,
2021.
ADDRESSES: The material incorporated by reference is available at:
<a href="https://www.rd.usda.gov/resources/regulations/bulletins">https://www.rd.usda.gov/resources/regulations/bulletins</a>.
FOR FURTHER INFORMATION CONTACT: Chendi Zhang, Mechanical Engineer
Engineering Standards Branch, Electric Programs [verbar] Rural
Utilities Service [verbar] Rural Development U.S. Department of
Agriculture, 1400 Independence Ave. SW [verbar] Washington, DC 20250-
1567 [verbar] Phone: 202-690-9032 [verbar] email:
<a href="/cdn-cgi/l/email-protection#084b606d666c6126526069666f487d7b6c69266f677e"><span class="__cf_email__" data-cfemail="bbf8d3ded5dfd295e1d3dad5dcfbcec8dfda95dcd4cd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule is exempt from the Office of Management and Budget
(OMB) review for purposes of Executive Order 12866 and, therefore, has
not been reviewed by OMB.
Executive Order 12372
This final rule is excluded from the scope of Executive Order
12372, Intergovernmental Consultation, which may require consultation
with State and local officials. A notice of final rule entitled
``Department Programs and Activities Excluded from Executive Order
12372,'' (50 FR 47034) exempted the Rural Utilities Service loans and
loan guarantees from coverage under this order.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. The Rural Utilities Service 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 final rule will be preempted. No
retroactive effect will be given to this final 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 an action against the Department or its
agencies may be initiated.
Executive Order 13132
This final rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on distribution of power and responsibilities among the
various levels of government. Under Executive Order 13132, this final
rule does not have sufficient federalism implications to require
preparation of a Federalism Assessment.
Regulatory Flexibility Act Certification
The Rural Utilities Service has determined that the Regulatory
Flexibility Act is not applicable to this final rule since USDA Rural
Utilities Service is not required by 5 U.S.C. 551 et seq. or any other
provision of the law to publish a notice of proposed rulemaking with
request to the subject matter of this rule.
Information Collection and Recordkeeping Requirements
This final rule contains no new reporting or recordkeeping burdens
under OMB control number 0572-0076 that would require approval under
the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).
Assistance Listings
The program described by this final rule is listed in the
Assistance Listings (formerly the Catalog of Federal Domestic
Assistance Programs) as No. 10.850, Rural Electrification Loans and
Loan Guarantees. These Federal assistance program listings are
available at the following <a href="http://Sam.gov">Sam.gov</a> website: <a href="https://sam.gov/content/assistance-listing/federal">https://sam.gov/content/assistance-listing/federal</a>.
Unfunded Mandates
This final rule contains no Federal Mandates (under the regulatory
provision of title II of the Unfunded Mandates Reform Act of 1995 [2
U.S.C. Chapter 25]) for State, local, and tribal governments, or the
private sector. Thus, this final rule is not subject to the
requirements of sections 202 and 205 of the Unfunded Mandates Reform
Act of 1995.
National Environmental Policy Act
In accordance with the National Environmental Policy Act of 1969,
Public Law 91-190, this final rule has been reviewed in accordance with
7 CFR part 1970 (``Environmental Policies and Procedures''). The Agency
has determined that (i) this action meets the criteria established in 7
CFR 1970.53(f); (ii) no extraordinary circumstances exist; and (iii)
the action is not ``connected'' to other actions with potentially
significant impacts, is not considered a ``cumulative action'' and is
not precluded by 40 CFR 1506.1. Therefore, the Agency has determined
that the action does not have a significant effect on the human
environment, and therefore neither an Environmental Assessment nor an
Environmental Impact Statement is required.
[[Page 26962]]
USDA Non-Discrimination Statement
In accordance with Federal civil rights law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, the USDA, its
Agencies, offices, and employees, and institutions participating in or
administering USDA programs are prohibited from discriminating based on
race, color, national origin, religion, sex, gender identity (including
gender expression), sexual orientation, disability, age, marital
status, family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil
rights activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). Remedies and complaint filing
deadlines vary by program or incident.
Persons with disabilities who require alternative means of
communication for program information (e.g., Braille, large print,
audiotape, American Sign Language, etc.) should contact the responsible
Agency or USDA's TARGET center at (202) 720-2600 (voice and TTY) or
contact USDA through the Federal Relay Service at (800) 877-8339.
Additionally, program information may be made available in languages
other than English.
To file a program discrimination complaint, complete the USDA
Program Discrimination Complaint Form, AD-3027, found online at <a href="https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint">https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint</a> and
at any USDA office or write a letter addressed to USDA and provide in
the letter all of the information requested in the form. To request a
copy of the complaint form, call (866) 632-9992. Submit your completed
complaint form or letter to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410,
(2) Email: <a href="/cdn-cgi/l/email-protection#9fd0dedcdfeaecfbfeb1f8f0e9"><span class="__cf_email__" data-cfemail="5817191b182d2b3c39763f372e">[email protected]</span></a>.
USDA is an equal opportunity provider, employer, and lender
Background
I. General Discussion
The Rural Utilities Service maintains bulletins that contain
construction standards and specifications for materials and equipment
and provide regulated specifications to RUS Electric Program borrowers
for procurement of electric transmission and distribution line wood
materials. These standards and specifications apply to systems
constructed by electric and telecommunications borrowers in accordance
with the loan contract, and contain standard construction units,
materials, and equipment units used on electric and telecommunications
borrowers' systems. The following bulletins establish standards for the
manufacture and inspection of wood utility poles, crossarms and pole
keys: Bulletin 1728F-700 ``RUS Specification for Wood Poles, Stubs and
Anchor Logs'', incorporated by reference at Sec. 1728.97; Bulletin
1728H-701, ``Specification for Wood Crossarms (Solid and Laminate),
Transmission Timbers, and Pole Keys'', codified at 7 CFR 1728.201; and
Bulletin 1728H-702, ``Specification for Quality Control and Inspection
of Timber Products'', codified at 7 CFR 1728.202.
II. Purpose of the Regulatory Action
This Final rule; technical correction corrects inadvertent errors
in the Final rule; response to comments published in the Federal
Register (86 FR 57015) on October 14, 2021 (October final rule).
III. Summary of Corrections
The updates and corrections to the October final rule are as
follows:
A. Bulletin 1728F-700 ``RUS Specification for Wood Poles, Stubs and
Anchor Logs'' (Incorporated by Reference at Sec. 1728.97)
(The update and corrections detailed below describe changes to the
text of the Bulletin, which does not appear in this Final rule;
technical corrections, since the Bulletin is incorporated by
reference.)
<bullet> Update the current date of issuance date.
<bullet> In paragraph 5(b), remove the incorrect entry of 2 years
and replacing it with 1 year that no material treated with creosote,
pentachlorophenol, DCOI or copper naphthenate shall be shipped for use
on a RUS borrower's system later than 1 year following the original
treatment date branded on the material; and
<bullet> Correct the requirements for Copper Naphthenate retentions
in Table 8 in Appendix A.
B. Bulletin 1728H-702, ``Specification for Quality Control and
Inspection of Timber Products'' (Codified at 7 CFR 1728.202)
<bullet> Add the annual requirement of submitting the lab
certificate from the amendatory language, that was discussed in the
Summary of Changes but inadvertently omitted from the amendatory
language for Sec. 1728.202 in the October final rule.
C. Corresponding and Miscellaneous CFR Amendments
<bullet> Update the date of issuance for Bulletin 1728F-700, ``RUS
Specification for Wood Poles, Stubs and Anchor Logs'', in Sec. 1728.97
and 1755.97.
<bullet> Update the date of issuance for Bulletin 1728H-702,
``Specification for Quality Control and Inspection of Timber
Products'', in Sec. 1755.98.
<bullet> Add AWPA M3-16, ``Standard for the Quality Control of
Preservative Treated Products for Industrial'' back into Sec. 1728.97,
from which it was inadvertently deleted.
Incorporation by Reference
Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs and
Anchor Logs. This specification describes the minimum acceptable
quality of wood poles, stubs, telephone pedestal stubs, and anchor logs
(hereinafter called poles, except where specifically referred to as
stubs or anchor logs) purchased by or for RUS borrowers. The
requirements of this specification implement contractual provisions
between RUS and borrowers receiving financial assistance from RUS.
RUS provides free online public access to view and download copies
of Bulletin 1728-F 700. The RUS website to view and download this
bulletin is: <a href="http://www.rd.usda.gov/resources/regulations/bulletins">http://www.rd.usda.gov/resources/regulations/bulletins</a>.
The following standards were previously approved for incorporation
by reference and their use continues unchanged: AWPA A6, AWPA A9, and
AWPA A83.
List of Subjects
7 CFR Part 1728
Electric power, Incorporation by reference, Loan programs-energy,
Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 1755
Incorporation by reference, Loan programs-communications, Reporting
and recordkeeping requirements, Rural areas, Telephone.
For reasons set forth in the preamble, chapter XVII of title 7 of
the Code of Federal Regulations is amended as follows:
PART 1728--ELECTRIC STANDARDS AND SPECIFICATIONS FOR MATERIALS AND
CONSTRUCTION
0
1. The authority citation for part 1728 continues to read as follows:
Authority: 7 U.S.C. 901 et seq., 1921 et seq., and 6941 et seq.
0
2. Amend Sec. 1728.97 by:
[[Page 26963]]
0
a. Revising paragraph (a)(21); and
0
b. Redesignating paragraphs (e)(10) and (11) as paragraphs (e)(11) and
(12) and adding new paragraph (e)(10).
The revision and addition read as follows:
Sec. 1728.97 Incorporation by reference of electric standards and
specifications.
* * * * *
(a) * * *
(21) Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs
and Anchor Logs (April 18, 2022), incorporation approved for Sec. Sec.
1728.98 and 1728.202.
* * * * *
(e) * * *
(10) AWPA M3-16, Standard for the Quality Control of Preservative
Treated Products for Industrial Use, Revised 2016, incorporation by
reference approved for Sec. Sec. 1728.201 and 1728.202.
* * * * *
0
3. Amend Sec. 1728.202 by:
0
a. Removing paragraph (b)(10) introductory text;
0
b. Adding paragraph (b)(10)(i);
0
c. Revising the heading for table 1 to paragraph (b)(10) and revising
the heading for note 1 to paragraph (b)(10); and
0
d. Adding paragraphs (b)(10)(ii) and (iii).
The additions and revisions read as follows:
Sec. 1728.202 Bulletin 1728H-702, Specification for Quality Control
and Inspection of Timber Products
* * * * *
(b) * * *
(10)(i) Inspection agencies shall maintain their own properly
equipped laboratory that, at a minimum, is able to run the referee
methods listed in table 1 to this paragraph (b)(10) for retention
analysis for all preservatives being inspected. This laboratory shall
be independent from any treating plant laboratory. Inspection Agencies
may use one central laboratory. All XRF units maintained by third party
inspection agencies as part of their RUS required laboratories shall be
calibrated at least quarterly by said agency utilizing the referee
method for each preservative treatment being analyzed or via comparison
with a set of graduated treated wood standards. Each agency shall keep
an up-to-date written record of these quarterly calibration results.
Table 1 to Paragraph (b)(10)(i)
* * * * *
Note 1 to table 1 to paragraph (b)(10)(i): * * *
(ii) Inspection agencies shall, on an annual basis, provide RUS
Technical Standards Committee ``A'' with proof that the agency does
have the required, fully equipped laboratory capable of running each of
the referee methods of analysis as illustrated in table 1 to paragraph
(b)(10)(i) of this section. AWPA A83 or AWPA A9 (both incorporated by
reference at Sec. 1728.97) shall be followed for Pentachlorophenol
testing.
(iii) AWPA A30 (incorporated by reference at Sec. 1728.97) or AWPA
A9 shall be followed for DCOI testing. AWPA A6 (incorporated by
reference at Sec. 1728.97) shall be followed for Creosote testing and
AWPA A9 shall be followed for XRF, as illustrated in table 1 to
paragraph (b)(10)(i) of this section.
* * * * *
PART 1755--TELECOMMUNICATIONS STANDARDS AND SPECIFICATIONS FOR
MATERIALS, EQUIPMENT AND CONSTRUCTION
0
4. The authority citation continues to read as follows:
Authority: 7 U.S.C. 901 et seq.,1921 et seq., and 6941 et seq.
0
5. Amend Sec. 1755.97 by revising paragraphs (a)(1) and (b)(13) to
read as follows:
Sec. 1755.97 Telephone standards and specifications.
(a)(1) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51. This material is available for
inspection at the Rural Utilities Service (RUS) and at the National
Archives and Records Administration (NARA). Contact the RUS at: 1400
Independence Ave. SW, Washington, DC, 202-692-0042; email:
<a href="/cdn-cgi/l/email-protection#93f0fcfefef6fde7e0d3e6e0f7f2bdf4fce5"><span class="__cf_email__" data-cfemail="34575b5959515a404774414750551a535b42">[email protected]</span></a>; Telephone number: 202-692-0042; <a href="https://www.rd.usda.gov/resources/regulations/bulletins">https://www.rd.usda.gov/resources/regulations/bulletins</a>. For information on the
availability of this material at NARA, email: <a href="/cdn-cgi/l/email-protection#f29480dc9b9c81829791869b9d9cb29c938093dc959d84"><span class="__cf_email__" data-cfemail="a5c3d78bcccbd6d5c0c6d1cccacbe5cbc4d7c48bc2cad3">[email protected]</span></a>,
or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a>. The
material may be obtained from the following source(s):
* * * * *
(b) * * *
(13) Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs
and Anchor Logs, April 18, 2022.
* * * * *
0
6. Amend Sec. 1755.98 by revising paragraph (a) to read as follows:
Sec. 1755.98 List of telecommunications specifications included in
other 7 CFR parts.
* * * * *
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Section Issue date Title
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(a) 1728.202.................................. 4.18.2022 RUS Specification for Quality Control and
Inspection of Timber Products.
* * * * * * *
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Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2022-09606 Filed 5-5-22; 8:45 am]
BILLING CODE 3410-15-P
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