[Title 7 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2024 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          
          
          Title 7

Agriculture


________________________

Parts 1600 to 1759

                         Revised as of January 1, 2024

          Containing a codification of documents of general 
          applicability and future effect

          As of January 1, 2024
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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[[Page iii]]




                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 7:
    SUBTITLE B--Regulations of the Department of Agriculture 
      (Continued)
          Chapter XVI [Reserved]
          Chapter XVII--Rural Utilities Service, Department of 
          Agriculture                                                5
  Finding Aids:
      Table of CFR Titles and Chapters........................     783
      Alphabetical List of Agencies Appearing in the CFR......     803
      List of CFR Sections Affected...........................     813

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 7 CFR 1700.1 refers 
                       to title 7, part 1700, 
                       section 1.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, January 1, 2024), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
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Affected'' is published at the end of each CFR volume. For changes to 
the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not dropped in error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
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or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

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alphabetical list of agencies publishing in the CFR are also included in 
this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

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in the Code of Federal Regulations.

INQUIRIES

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or write to the Director, Office of the Federal Register, National 
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the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register
    January 1, 2024







[[Page ix]]



                               THIS TITLE

    Title 7--Agriculture is composed of fifteen volumes. The parts in 
these volumes are arranged in the following order: Parts 1-26, 27-52, 
53-209, 210-299, 300-399, 400-699, 700-899, 900-999, 1000-1199, 1200-
1599, 1600-1759, 1760-1939, 1940-1949, 1950-1999, and part 2000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of January 1, 2024.

    The Food and Nutrition Service current regulations in the volume 
containing parts 210-299 include the Child Nutrition Programs and the 
Food Stamp Program. The regulations of the Federal Crop Insurance 
Corporation are found in the volume containing parts 400-699.

    All marketing agreements and orders for fruits, vegetables and nuts 
appear in the one volume containing parts 900-999. All marketing 
agreements and orders for milk appear in the volume containing parts 
1000-1199.

    For this volume, Gabrielle E. Burns was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[Page 1]]



                          TITLE 7--AGRICULTURE




                 (This book contains parts 1600 to 1759)

  --------------------------------------------------------------------

  SUBTITLE B--Regulations of the Department of Agriculture (Continued)

                                                                    Part
chapter xvi [Reserved]

chapter xvii--Rural Utilities Service, Department of 
  Agriculture...............................................        1700

[[Page 3]]

  Subtitle B--Regulations of the Department of Agriculture (Continued)

                         CHAPTER XVI [RESERVED]

[[Page 5]]



    CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to chapter XVII appear at 59 FR 
66440, Dec. 27, 1994.
Part                                                                Page
1700            General information.........................           7
1703            Rural development...........................          16
1709            Assistance to high energy cost communities..          21
1710            General and pre-loan policies and procedures 
                    common to electric loans and guarantees.          39
1714            Pre-loan policies and procedures for insured 
                    electric loans..........................          89
1717            Post-loan policies and procedures common to 
                    insured and guaranteed electric loans...          93
1718            Loan security documents for electric 
                    borrowers...............................         140
1719            Rural Energy Savings Program................         144
1720            Guarantees for bonds and notes issued for 
                    utility infrastructure purposes.........         160
1721            Post-loan policies and procedures for 
                    insured electric loans..................         168
1724            Electric engineering, architectural services 
                    and design policies and procedures......         172
1726            Electric system construction policies and 
                    procedures..............................         187
1728            Electric standards and specifications for 
                    materials and construction..............         211
1730            Electric system operations and maintenance..         237
1734            Distance learning and telemedicine loan and 
                    grant programs..........................         243
1735            General policies, types of loans, loan 
                    requirements--telecommunications program         267
1737            Pre-loan policies and procedures common to 
                    insured and guaranteed 
                    telecommunications loans................         293
1738            Rural broadband loans, loan/grant 
                    combinations, and loan guarantees.......         309
1739            Broadband grant program.....................         328
1740            Rural econnectivity program.................         336
1741

Pre-loan policies and procedures for insured telephone loans [Reserved]

[[Page 6]]

1744            Post-loan policies and procedures common to 
                    guaranteed and insured telephone loans..         352
1748

Post-loan policies and procedures for insured telephone loans [Reserved]

1751            Telecommunications system planning and 
                    design criteria, and procedures.........         378
1752            Servicing of telecommunications programs....         382
1753            Telecommunications system construction 
                    policies and procedures.................         390
1755            Telecommunications policies on 
                    specifications, acceptable materials, 
                    and standard contract forms.............         423
1757

Telephone systems operations and maintenance [Reserved]

1758-1759

 [Reserved]

[[Page 7]]



PART 1700_GENERAL INFORMATION--Table of Contents



                            Subpart A_General

Sec.
1700.1 General.
1700.2 Availability of information.
1700.3 Requests under the Freedom of Information Act.
1700.4 Public comments on proposed rules.
1700.5-1700.24 [Reserved]

               Subpart B_Agency Organization and Functions

1700.25 Office of the Administrator.
1700.26 Deputy Administrator.
1700.27 Chief of Staff.
1700.28 Electric Program.
1700.29 Telecommunications Program.
1700.30 Water and Environmental Programs.
1700.31 Distance Learning and Telemedicine Loan and Grant Program.
1700.32 Program Accounting and Regulatory Analysis.
1700.33 Financial Services Staff.
1700.34 Assistance to High Energy Cost Rural Communities.
1700.35-1700.49 [Reserved]

              Subpart C_Loan and Grant Approval Authorities

1700.50-1700.52 [Reserved]
1700.54 Electric Program.
1700.55 Telecommunications Program.
1700.56 Water and Environmental Programs.
1700.57 Distance Learning and Telemedicine Loan and Grant Program.
1700.58 Assistance to high energy cost rural communities.
1700.59-1700.99 [Reserved]

             Subpart D_Substantially Underserved Trust Areas

1700.100 Purpose.
1700.101 Definitions.
1700.102 Eligible programs.
1700.103 Eligible communities.
1700.104 Financial feasibility.
1700.105 Determining whether land meets the statutory definition of 
          ``trust land.''
1700.106 Discretionary provisions.
1700.107 Considerations relevant to the exercise of SUTA discretionary 
          provisions.
1700.108 Application requirements.
1700.109 RUS review.
1700.110-1700.149 [Reserved]
1700.150 OMB Control Number.

    Authority: 5 U.S.C. 301, 552; 7 U.S.C. 901 et seq., 1921 et seq., 
6941 et seq.; 7 CFR 2.7.

    Source: 63 FR 16085, Apr. 2, 1998, unless otherwise noted.



                            Subpart A_General



Sec.  1700.1  General.

    (a) The Rural Electrification Administration (REA) was established 
by Executive Order No. 7037 on May 11, 1935. Statutory authority was 
provided by the Rural Electrification Act of 1936 (RE Act) (7 U.S.C. 
901). The RE Act established REA as a lending agency with responsibility 
for developing a program for rural electrification.
    (b) The Secretary of Agriculture (Secretary) established the Rural 
Utilities Service (RUS) on October 20, 1994, pursuant to the Department 
of Agriculture Reorganization Act of 1994, (7 U.S.C. 6941 et. seq.). RUS 
was assigned responsibility for administering electric and 
telecommunications loan and loan guarantee programs previously 
administered by REA, including water and waste loans and grants 
previously administered by the Rural Development Administration, along 
with other functions as the Secretary determined appropriate. The 
rights, interests, obligations, duties, and contracts previously vested 
in REA were transferred to, and vested in RUS.

[63 FR 16085, Apr. 2, 1998, as amended at 84 FR 59920, Nov. 7, 2019]



Sec.  1700.2  Availability of information.

    (a) The offices of RUS are located in the South Building of the 
United States Department of Agriculture at 1400 Independence Avenue, SW, 
Washington, DC 20250-1500. Hours of operation are from 8:15 AM to 4:45 
PM, Eastern time on Federal Government business days.
    (b) Information about RUS is available for public inspection and 
copying as required by the Freedom of Information Act, 5 U.S.C. 552 et 
seq. Information about availability and costs of agency publications and 
other agency materials is available from the Director, Program 
Development and Regulatory Analysis, Rural Utilities Service, United 
States Department of Agriculture, Room 5159-S, 1400 Independence Avenue, 
SW., STOP 1530, Washington, DC 20250-1530. Phone 202-720-9450. FAX 202-
720-8435.
    (c) RUS issues indexes of publications in conformance with the 
Freedom of

[[Page 8]]

Information Act and Department of Agriculture regulations at 7 CFR part 
1. Many RUS documents, including regulations and delegations of 
authority for headquarters and field staff are available on the world 
wide web at http://www.usda.gov/rus.

[63 FR 16085, Apr. 2, 1998, as amended at 71 FR 8435, Feb. 17, 2006]



Sec.  1700.3  Requests under the Freedom of Information Act.

    Department of Agriculture procedures for requests for records under 
the Freedom of Information Act are found at 7 CFR part 1. Requests must 
be in writing and may be submitted in person or by mail to United States 
Department of Agriculture, Rural Utilities Service, Room 5159-S, 1400 
Independence Avenue, SW., STOP 1530, Washington, DC 20250-1530; or by 
FAX to 202-401-1977. As set forth in 7 CFR 1.16, fees may be charged for 
processing of requests for records. An appeal of the agency 
determination concerning the request for official records shall be made 
in writing to the Administrator, Rural Utilities Service, United States 
Department of Agriculture, Room 5135-S, 1400 Independence Avenue, SW., 
STOP 1510, Washington, DC 20250-1510.

[71 FR 8435, Feb. 17, 2006]



Sec.  1700.4  Public comments on proposed rules.

    RUS requires that all persons submitting comments to a proposed rule 
or other document published by the agency in the Federal Register, 
submit comments as specified in the published notice. Copies of comments 
submitted are available to the public in conformance with 7 CFR part 1.

[71 FR 8435, Feb. 17, 2006]



Sec. Sec.  1700.5-1700.24  [Reserved]



               Subpart B_Agency Organization and Functions



Sec.  1700.25  Office of the Administrator.

    The Administrator of the Rural Utilities Service (RUS) is appointed 
by the President. The Under Secretary, Rural Development delegated to 
the Administrator, in 7 CFR part 2, responsibility for administering the 
programs and activities of RUS. The Administrator is aided directly by 
Deputy Administrators and by Assistant Administrators for the electric 
program, telecommunications program, the water and environmental 
programs, and program accounting and regulatory analysis, and by other 
staff offices. The work of the agency is carried out as described in 
this part.

[79 FR 44117, July 30, 2014, as amended at 84 FR 59920, Nov. 7, 2019]



Sec.  1700.26  Deputy Administrator.

    The Deputy Administrator aids and assists the Administrator. The 
Deputy Administrator provides overall policy direction to all RUS 
programs. The Deputy Administrator reviews agency policies and, as 
necessary, implements changes and participates with the Administrator 
and other officials in planning and formulating the programs and 
activities of the agency, including the making and servicing of loans 
and grants.

[79 FR 44117, July 30, 2014]



Sec.  1700.27  Chief of Staff.

    The Chief of Staff aids and assists the Administrator and the Deputy 
Administrator. The Chief of Staff advises the Administrator regarding 
policy initiatives and operational issues and assists the Administrator 
and the Deputy Administrator in developing and planning agency program 
initiatives. The Chief of Staff is responsible for implementation of 
overall policy initiatives and provides direction to all RUS programs.

[71 FR 8436, Feb. 17, 2006]



Sec.  1700.28  Electric Program.

    RUS, through the Electric Program, makes loans and loan guarantees 
for rural electrification and the furnishing of electric service to 
persons in rural areas.
    (a) The Assistant Administrator, Electric Program, directs and 
coordinates the rural electrification programs, participating with the 
Administrator, and others, in planning and formulating the programs and 
activities of the agency, and performs other activities as the 
Administrator may prescribe from time to time.

[[Page 9]]

    (b) Primary point of contact with borrowers. Two regional divisions, 
one for the Northern Region and one for the Southern Region, are the 
primary points of contact between RUS and its electric distribution 
borrowers. Each office administers the rural electric program for its 
assigned geographical area through headquarters staff and general field 
representatives. The Power Supply Division is the primary point of 
contact between RUS and its electric power supply borrowers.
    (c) Staff office. The Electric Staff Division is responsible for 
engineering aspects of RUS' standards, specifications and other 
requirements for design, construction, and technical operation and 
maintenance of RUS borrowers' electric systems. The Electric Staff 
Division oversees the activities of Technical Standards Committees ``A'' 
and ``B'', Electric, which determine whether engineering specifications, 
drawings, material and equipment are acceptable for use in RUS 
borrowers' electric systems. The Office of the Assistant Administrator 
prepares analyses of loan making activities and the business and 
regulatory environment of RUS borrowers and recommends policies and 
procedures.

[63 FR 16085, Apr. 2, 1998. Redesignated at 71 FR 8436, Feb. 17, 2006]



Sec.  1700.29  Telecommunications Program.

    RUS, through the Telecommunications Program, make loans and loan 
guarantees to furnish and improve telecommunications service in rural 
areas.
    (a) The Assistant Administrator, Telecommunications Program, directs 
and coordinates the rural telecommunications programs, including the 
distance learning and telemedicine program, and in conjunction with the 
Administrator and Deputy Administrator, and others, the planning and 
formulating of programs and activities of the agency, and performs other 
activities as the Administrator may prescribe from time to time.
    (b) Primary point of contact with borrowers. Area offices are the 
primary points of contact between RUS and all telecommunications program 
borrowers. Each office administers the rural telecommunications program 
for its assigned geographical area with assistance of field 
representatives located in areas assigned to them.
    (c) Staff offices. The Telecommunications Staff Division is 
responsible for engineering aspects of design, construction, and 
technical operation and maintenance of rural telecommunications systems 
and facilities, including the activities of Technical Standards 
Committees ``A'' and ``B'', Telecommunications, which determine whether 
engineering specifications, drawings, material, and equipment are 
acceptable for use in RUS financed telecommunications systems. The 
Advanced Telecommunications Services office prepares analyses of loan 
making activities and the business and regulatory environment of RUS 
borrowers and recommends policies and procedures.

[63 FR 16085, Apr. 2, 1998; 63 FR 18307, Apr. 15, 1998. Redesignated at 
71 FR 8436, Feb. 17, 2006, as amended at 84 FR 59920, Nov. 7, 2019]



Sec.  1700.30  Water and Environmental Programs.

    RUS, through the Water and Environmental Programs, provides loan and 
grant funds for water and waste disposal projects serving the most 
financially needy rural communities.
    (a) The Assistant Administrator, Water and Environmental Programs, 
develops and institutes plans, procedures, and policies for the 
effective, efficient, and orderly management of Water and Environmental 
Programs responsibilities; provides leadership to ensure execution of 
policies and procedures by the Water and Waste Disposal programs and 
support functions; and performs other activities as the Administrator or 
Deputy Administrator may prescribe from time to time.
    (b) Primary point of contact. The State Rural Development Offices 
are the primary points of contact between RUS and loan and grant 
recipients.
    (c) The Engineering and Environmental Staff is responsible for 
engineering staff activities at all stages of Water and Waste Disposal 
programs implementation, including review of preliminary engineering 
plans and specifications, procurement practices, contract awards, 
construction monitoring, and system operation and maintenance.

[[Page 10]]

This staff develops agency engineering practices, policies, guidelines, 
and technical data relating to the construction and operation of water 
and waste disposal systems, and for implementing the National 
Environmental Policy Act, and other environmental requirements as they 
apply to all agency programs and activities.

[63 FR 16085, Apr. 2, 1998. Redesignated at 71 FR 8436, Feb. 17, 2006]



Sec.  1700.31  Distance Learning and Telemedicine Loan and Grant Program.

    RUS, through the Telecommunications Program, makes grants and loans 
to furnish and improve telemedicine services and distance learning 
services in rural areas.
    (a) The Assistant Administrator, Telecommunications Program, directs 
and coordinates the distance learning and telemedicine program.
    (b) Primary point of contact with borrowers. The area offices, 
described in Sec.  1700.28(b) support the distance learning and 
telemedicine program. Each office administers the distance learning and 
telemedicine program for its assigned geographical area with assistance 
of field representatives located in areas assigned to them.

[63 FR 16085, Apr. 2, 1998; 63 FR 18307, Apr. 15, 1998. Redesignated at 
71 FR 8436, Feb. 17, 2006]



Sec.  1700.32  Program Accounting and Regulatory Analysis.

    RUS, through Program Accounting and Regulatory Analysis, monitors 
and administers applicable regulations, RUS policy, and accounting 
requirements. The staffs assist the Assistant Administrator with respect 
to management, information systems, budgets, and other such matters.
    (a) The Assistant Administrator, Program Accounting and Regulatory 
Analysis, directs and coordinates program accounting and financial 
services with respect to electric and telecommunications borrowers and 
directs and coordinates the regulatory actions of the agency.
    (b) This division monitors borrowers' accounting operations in order 
to ensure compliance with applicable statutory and regulatory 
requirements and with the requirements of the Office of Management and 
Budget.
    (c) The two regional branches (the Northern Region and the Southern 
Region) work directly with borrowers. Each regional office has a staff 
of headquarters and field accountants. The Technical Accounting and 
Auditing Staff monitors industry developments, including the standards 
of the Financial Accounting Standards Board, and recommends Agency 
policies and procedures.
    (d) Program Development and Regulatory Analysis directs and 
administers the preparation, clearance, processing, and distribution of 
RUS submissions to the Office of the Federal Register in the form of 
proposed and final rules and notices and RUS bulletins and staff 
instructions.

[63 FR 16085, Apr. 2, 1998. Redesignated at 71 FR 8436, Feb. 17, 2006]



Sec.  1700.33  Financial Services Staff.

    The Financial Services Staff evaluates the financial condition of 
financially troubled borrowers in order to protect the Government's 
interests.

[63 FR 16085, Apr. 2, 1998. Redesignated at 71 FR 8436, Feb. 17, 2006]



Sec.  1700.34  Assistance to High Energy Cost Rural Communities.

    RUS, through the Electric Program, makes grants and loans to assist 
high energy cost rural communities. The Assistant Administrator, 
Electric Program, directs and coordinates the assistance to high energy 
cost rural communities program and serves as the primary point of 
contact for applicants, grantees, and borrowers.

[70 FR 5351, Feb. 2, 2005. Redesignated at 71 FR 8436, Feb. 17, 2006]



Sec. Sec.  1700.35-1700.49  [Reserved]



              Subpart C_Loan and Grant Approval Authorities



Sec. Sec.  1700.50-1700.52  [Reserved]



Sec.  1700.54  Electric Program.

    (a) Administrator: The authority to approve the following loans, 
loan guarantees, and lien accommodations and

[[Page 11]]

subordinations of liens is reserved to the Administrator:
    (1) All discretionary hardship loans.
    (2) All loans, loan guarantees, and lien accommodations and 
subordinations of liens to finance operating costs.
    (3) All loans, loan guarantees, and lien accommodations and 
subordinations of liens of more than $20,000,000 for distribution 
borrowers or more than $50,000,000 for power supply borrowers.
    (4) All loans, loan guarantees, and lien accommodations and 
subordinations of liens for distribution borrowers that are members of a 
power supply borrower that is in default of its obligations to the 
Government or that is currently assigned to the Financial Services 
Staff, unless otherwise determined by the Administrator.
    (5) All loans, loan guarantees, and lien accommodations and 
subordinations of liens that require an Environmental Impact Statement.
    (6) Certifications and findings required by the RE Act or other 
applicable laws and regulations, the placing and releasing of conditions 
precedent to the advance of funds, and all security instruments, loan 
contracts, and all other necessary documents relating to the authorities 
reserved in this section.
    (7) Execution of all loan contracts, security instruments, and all 
other documents in connection with loans, loan guarantees, and lien 
accommodations approved by the Administrator.
    (b) The Assistant Administrator, Electric Program, has the authority 
to approve the following loans, loan guarantees, and lien accommodations 
and subordinations of liens, except for those approvals reserved to the 
Administrator:
    (1) Loans, loan guarantees, and lien accommodations and 
subordinations of liens for distribution borrowers in amounts not 
exceeding $20,000,000.
    (2) Loans, loan guarantees, and lien accommodations and 
subordinations of liens for power supply borrowers in amounts not 
exceeding $50,000,000.
    (3) Execution of all loan contracts, security instruments, and all 
other documents in connection with loans, loan guarantees, and lien 
accommodations approved by the Assistant Administrator, Electric 
Program.
    (c) Directors, Regional Divisions, have the authority to approve, 
for distribution borrowers:
    (1) Loans, loan guarantees, and lien accommodations and 
subordinations of liens in amounts not exceeding $15,000,000 except for 
those approvals reserved to the Administrator.
    (2) All certifications and findings required by the RE Act or other 
applicable laws and regulations, the imposing and releasing of 
conditions precedent to the advance of loan funds, and all security 
instruments, loan contracts, and all other documents relating to the 
delegations set forth in paragraph (c)(1) of this section.
    (d) Director, Power Supply Division, has the authority to approve 
for power supply borrowers:
    (1) Loans, loan guarantees, and lien accommodations and 
subordinations of liens in amounts not exceeding $30,000,000, except for 
those approvals reserved to the Administrator.
    (2) All certifications and findings required by the RE Act or other 
applicable laws and regulations, the placing and releasing of conditions 
precedent to the advance of funds, and all security instruments, loan 
contracts or all other documents relating to the delegations set forth 
in paragraph (d)(1) of this section.



Sec.  1700.55  Telecommunications Program.

    (a) Administrator: The authority to approve the following loans, 
loan guarantees, and lien accommodations is reserved to the 
Administrator:
    (1) All loans, loan guarantees, and lien accommodations and 
subordinations of liens to finance operating costs.
    (2) All loans, loan guarantees, or lien accommodations and 
subordinations of liens of $25,000,000 or more.
    (3) Loans and loan guarantees with acquisition costs of $5,000,000 
or more.
    (4) Loans and loan guarantees containing funds to refinance 
outstanding debt of more than $5,000,000.
    (5) All loan contracts, security instruments, and all other 
documents to be executed in connection with loans

[[Page 12]]

and loan guarantees approved by the Administrator.
    (b) Assistant Administrator, Telecommunications Program, has the 
authority to approve the following loans, loan guarantees, and lien 
accommodations, except for those approvals reserved to the 
Administrator:
    (1) Loans, loan guarantees, and lien accommodations and 
subordinations of liens not to exceed $25,000,000 except for those 
reserved to the Administrator.
    (2) Loans and loan guarantees with acquisition costs where the 
acquisition portion of the loan is less than $5,000,000.
    (3) Loans and loan guarantees including refinancing amounts that do 
not exceed $5,000,000.
    (4) Distance learning and telemedicine loans and loan guarantees 
that do not exceed $5,000,000.
    (5) Loan contracts, security instruments, and other documents to be 
executed in connection with loans and loan guarantees approved by the 
Assistant Administrator, Telecommunications Program.
    (c) Area Directors have the authority to approve the following 
loans, loan guarantees, and lien accommodations, except for those 
approvals reserved to the Administrator:
    (1) Loans, loan guarantees, and lien accommodations and 
subordinations of liens of less than $10,000,000.
    (2) Loans and loan guarantees with acquisition costs of less than 
$2,000,000.
    (3) Loans and loan guarantees including refinancing amounts of less 
than $2,000,000.
    (4) Any modifications in the method of carrying out loan purposes.



Sec.  1700.56  Water and Environmental Programs.

    The State Rural Development Offices have the responsibility for 
making and servicing water and waste loans and grants.



Sec.  1700.57  Distance Learning and Telemedicine Loan and Grant Program.

    (a) Administrator: The authority to approve the following loans and 
lien accommodations is reserved to the Administrator:
    (1) Grants or loan and grant combinations.
    (2) The number selected from each state for financial assistance for 
grant approval and loans or grants approved.
    (3) Extension of principal and interest repayments for rural 
development purposes.
    (4) Loan contracts, security instruments, and all other documents to 
be executed in connection with loans and loan guarantees approved by the 
Administrator.
    (b) Assistant Administrator, Telecommunications Program, has the 
authority to approve the following loans and lien accommodations and 
subordinations of liens:
    (1) Loans, that do not also include requests for grant funds, except 
for those reserved to the Administrator.
    (2) Loan contracts, security instruments, and all other documents to 
be executed in connection with loans and loan guarantees approved by the 
Assistant Administrator, Telecommunications Program.



Sec.  1700.58  Assistance to high energy cost rural communities.

    (a) Administrator: The authority to approve the following is 
reserved to the Administrator:
    (1) Allocation of appropriated funds among high energy cost 
community assistance programs;
    (2) Awards of grants and loans to extremely high energy cost 
communities;
    (3) Awards of grants and loans to the Denali Commission;
    (4) Awards of grants to State entities for State bulk fuel revolving 
funds; and
    (5) Grant agreements, loan contracts, security instruments and all 
other documents executed in connection with grants and loans agreements 
approved by the Administrator.
    (b) The Assistant Administrator, Electric Program has the authority 
to make any required certifications and to approve all grant and loan 
servicing actions not specifically reserved to the Administrator.

[70 FR 5351, Feb. 3, 2005]

[[Page 13]]



Sec. Sec.  1700.59-1700.99  [Reserved]



             Subpart D_Substantially Underserved Trust Areas

    Source: 77 FR 35250, June 13, 2012, unless otherwise noted.



Sec.  1700.100  Purpose.

    This subpart establishes policies and procedures for the Rural 
Utilities Service (RUS) implementation of the Substantially Underserved 
Trust Areas (SUTA) initiative under section 306F of the Rural 
Electrification Act of 1936, as amended (7 U.S.C. 906f). The purpose of 
this rule is to identify and improve the availability of eligible 
programs in communities in substantially underserved trust areas.



Sec.  1700.101  Definitions.

    Administrator means the Administrator of the Rural Utilities 
Service, or designee or successor.
    Applicant means an entity that is eligible for an eligible program 
under that program's eligibility criteria.
    Borrower means any organization that has an outstanding loan or loan 
guarantee made by RUS for a program purpose.
    Completed application means an application that includes the 
elements specified by the rules for the applicable eligible program in 
form and substance satisfactory to RUS.
    ConAct means the Consolidated Farm and Rural Development Act, as 
amended (7 U.S.C. 1921 et seq.).
    Credit support means equity, cash requirements, letters of credit, 
and other financial commitments provided in support of a loan or loan 
guarantee.
    Eligible community means a community as defined by 7 CFR 1700.103.
    Eligible program means a program as defined by 7 CFR 1700.102.
    Financial assistance means a grant, combination loan and grant, loan 
guarantee or loan.
    Financial feasibility means the ability of a project or enterprise 
to meet operating expenses, financial performance metrics, such as debt 
service coverage requirements and return on investment, and the general 
ability to repay debt and sustain continued operations at least through 
the life of the RUS loan or loan guarantee.
    Matching fund requirements means the applicant's financial or other 
required contribution to the project for approved purposes.
    Nonduplication generally means a restriction on financing projects 
for services in a geographic area where reasonably adequate service 
already exists as defined by the applicable program.
    Project means the activity for which financial assistance has been 
provided.
    RE Act means the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901 et seq.).
    RUS means the Rural Utilities Service, an agency of the United 
States Department of Agriculture, successor to the Rural Electrification 
Administration.
    Substantially underserved trust area means a community in trust land 
with respect to which the Administrator determines has a high need for 
the benefits of an eligible program.
    Trust land means ``trust land'' as defined in section 3765 of title 
38, United States Code as determined by the Administrator under 7 CFR 
1700.104.
    Underserved means an area or community lacking an adequate level or 
quality of service in an eligible program, including areas of 
duplication of service provided by an existing provider where such 
provider has not provided or will not provide adequate level or quality 
of service.



Sec.  1700.102  Eligible programs.

    SUTA does not apply to all RUS programs. SUTA only applies to 
eligible programs. An eligible program means a program administered by 
RUS and authorized in paragraph (a) of the RE Act, or paragraphs (b)(1), 
(2), (14), (22), or (24) of section 306(a) (7 U.S.C. 1926(a)(1), (2), 
(14), (22), (24)), or sections 306A, 306C, 306D, or 306E of the Con Act 
(7 U.S.C. 1926a, 1926c, 1926d, 1926e).



Sec.  1700.103  Eligible communities.

    An eligible community is a community that:
    (a) Is located on Trust land;
    (b) May be served by an RUS administered program; and

[[Page 14]]

    (c) Is determined by the Administrator as having a high need for 
benefits of an eligible program.



Sec.  1700.104  Financial feasibility.

    Pursuant to normal underwriting practices, and such reasonable 
alternatives within the discretion of RUS that contribute to a financial 
feasibility determination for a particular eligible program or project, 
the Administrator will only make grants, loans and loan guarantees that 
RUS finds to be financially feasible and that provide eligible program 
benefits to substantially underserved trust areas. All income and assets 
available to and under the control of the Applicant will be considered 
as part of the Applicant's financial profile.



Sec.  1700.105  Determining whether land meets the statutory definition 
of ``trust land.''

    The Administrator will use one or more of the following resources in 
determining whether a particular community is located in Trust land:
    (a) Official maps of Federal Indian Reservations based on 
information compiled by the U. S. Department of the Interior, Bureau of 
Indian Affairs and made available to the public;
    (b) Title Status Reports issued by the U. S. Department of the 
Interior, Bureau of Indian Affairs showing that title to such land is 
held in trust or is subject to restrictions imposed by the United 
States;
    (c) Trust Asset and Accounting Management System data, maintained by 
the Department of the Interior, Bureau of Indian Affairs;
    (d) Official maps of the Department of Hawaiian Homelands of the 
State of Hawaii identifying land that has been given the status of 
Hawaiian home lands under the provisions of section 204 of the Hawaiian 
Homes Commission Act, 1920;
    (e) Official records of the U.S. Department of the Interior, the 
State of Alaska, or such other documentation of ownership as the 
Administrator may determine to be satisfactory, showing that title is 
owned by a Regional Corporation or a Village Corporation as such terms 
are defined in the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
et seq);
    (f) Evidence that the land is located on Guam, American Samoa or the 
Commonwealth of the Northern Mariana Islands, and is eligible for use in 
the Veteran's Administration direct loan program for veterans purchasing 
or constructing homes on communally-owned land; and
    (g) Any other evidence satisfactory to the Administrator to 
establish that the land is ``trust land'' within the meaning of 38 
U.S.C. 3765(1).



Sec.  1700.106  Discretionary provisions.

    (a) To improve the availability of eligible programs in eligible 
communities determined to have a high need for the benefits of an 
eligible program, the Administrator retains the discretion, on a case-
by-case basis, to use any of the following SUTA authorities individually 
or in combination to:
    (1) Make available to qualified applicants financing with an 
interest rate as low as 2 percent;
    (2) Extend repayment terms;
    (3) Waive (individually or in combination) non-duplication 
restrictions, matching fund requirements, and credit support 
requirements from any loan or grant program administered by RUS; and
    (4) Give the highest funding priority to designated projects in 
substantially underserved trust areas.
    (b) Requests for waivers of nonduplication restrictions, matching 
fund requirements, and credit support requirements, and requests for 
highest funding priority will be reviewed on a case-by-case basis upon 
written request of the applicant filed pursuant to 7 CFR 1700.108.
    (c) Notwithstanding the requirements in paragraph (b) of this 
section, the Administrator reserves the right to evaluate any 
application for an eligible program for use of the discretionary 
provisions of this subpart without a formal, written request from the 
applicant.



Sec.  1700.107  Considerations relevant to the exercise of SUTA 
discretionary provisions.

    (a) In considering requests to make available financing with an 
interest

[[Page 15]]

rate as low as 2 percent, and extended repayment terms, the 
Administrator will evaluate the effect of and need for such terms on the 
finding of financial feasibility.
    (b) In considering a request for a non-duplication waiver, the 
Administrator will consider the offerings of all existing service 
providers to determine whether or not granting the non-duplication 
waiver is warranted. A waiver of non-duplication restrictions will not 
be given if the Administrator determines as a matter of financial 
feasibility that, taking into account all existing service providers, an 
applicant or RUS borrower would not be able to repay a loan or 
successfully implement a grant agreement. Requests for waivers of non-
duplication restrictions will be reviewed by taking the following 
factors into consideration:
    (1) The size, extent and demographics of the duplicative area;
    (2) The cost of service from existing service providers;
    (3) The quality of available service; and
    (4) The ability of the existing service provider to serve the 
eligible service area.
    (c) Requests for waivers of matching fund requirements will be 
evaluated by taking the following factors into consideration:
    (1) Whether waivers or reductions in matching or equity requirements 
would make an otherwise financially infeasible project financially 
feasible;
    (2) Whether permitting a matching requirement to be met with sources 
not otherwise permitted in an affected program due to regulatory 
prohibition may be allowed under a separate statutory authority; and
    (3) Whether the application could be ranked and scored as if the 
matching requirements were fully met.
    (d) Requests for waivers of credit support requirements will be 
evaluated taking the following factors into consideration:
    (1) The cost and availability of credit support relative to the loan 
security derived from such support;
    (2) The extent to which the requirement is shown to be a barrier to 
the applicant's participation in the program; and
    (3) The alternatives to waiving the requirements.
    (e) The Administrator may adapt the manner of assigning highest 
funding priority to align with the selection methods used for particular 
programs or funding opportunities.
    (1) Eligible programs which use priority point scoring may, in a 
notice of funds availability or similar notice, assign extra points for 
SUTA eligible applicants as a means to exercise a discretionary 
authority under this subpart.
    (2) The Administrator may announce a competitive grant opportunity 
focused exclusively or primarily on trust lands which incorporates one 
or more discretionary authorities under this subpart into the rules or 
scoring for the competition.



Sec.  1700.108  Application requirements.

    (a) To receive consideration under this subpart, the applicant must 
submit to RUS a completed application that includes all of the 
information required for an application in accordance with the 
regulations relating to the program for which financial assistance is 
being sought. In addition, the applicant must notify the RUS contact for 
the applicable program in writing that it seeks consideration under this 
subpart and identify the discretionary authorities of this subpart it 
seeks to have applied to its application. The required written request 
memorandum or letter must include the following items:
    (1) A description of the applicant, documenting eligibility.
    (2) A description of the community to be served, documenting 
eligibility in accordance with 7 CFR 1700.103.
    (3) An explanation and documentation of the high need for the 
benefits of the eligible program, which may include:
    (i) Data documenting a lack of service (i.e. no service or unserved 
areas) or inadequate service in the affected community;
    (ii) Data documenting significant health risks due to the fact that 
a significant proportion of the community's residents do not have access 
to, or are not served by, adequate, affordable service.

[[Page 16]]

    (iii) Data documenting economic need in the community, which may 
include:
    (A) Per capita income of the residents in the community, as 
documented by the U.S. Department of Commerce, Bureau of Economic 
Analysis;
    (B) Local area unemployment and not-employed statistics in the 
community, as documented by the U.S. Department of Labor, Bureau of 
Labor Statistics and/or the U.S. Department of the Interior, Bureau of 
Indian Affairs;
    (C) Supplemental Nutrition Assistance Program participation and 
benefit levels in the community, as documented by the U.S. Department of 
Agriculture, Economic Research Service;
    (D) National School Lunch Program participation and benefit levels 
in the community, as documented by the U.S. Department of Agriculture, 
Food and Nutrition Service;
    (E) Temporary Assistance for Needy Families Program participation 
and benefit levels in the community, as documented by the U.S. 
Department of Health and Human Services, Administration for Children and 
Families;
    (F) Lifeline Assistance and Link-Up America Program participation 
and benefit levels in the community, as documented by the Federal 
Communications Commission and the Universal Service Administrative 
Company;
    (G) Examples of economic opportunities which have been or may be 
lost without improved service.
    (H) Data maintained and supplied by Indian tribes or other tribal or 
jurisdictional entities on ``trust land'' to the Department of Interior, 
the Department of Health and Human Services and the Department of 
Housing and Urban Development that illustrates a high need for the 
benefits of an eligible program.
    (4) The impact of the specific authorities sought under this 
subpart.
    (b) The applicant must provide any additional information RUS may 
consider relevant to the application which is necessary to adequately 
evaluate the application under this subpart.
    (c) RUS may also request modifications or changes, including changes 
in the amount of funds requested, in any proposal described in an 
application submitted under this subpart.
    (d) The applicant must submit a completed application within the 
application window and guidelines for an eligible program.



Sec.  1700.109  RUS review.

    (a) RUS will review the application to determine whether the 
applicant is eligible to receive consideration under this subpart and 
whether the application is timely, complete, and responsive to the 
requirements set forth in 7 CFR 1700.107.
    (b) If the Administrator determines that the application is eligible 
to receive consideration under this subpart and one or more SUTA 
requests are granted, the applicant will be so notified.
    (c) If RUS determines that the application is not eligible to 
receive further consideration under this subpart, RUS will so notify the 
applicant. The applicant may withdraw its application or request that 
RUS treat its application as an ordinary application for review, 
feasibility analysis and service area verification by RUS consistent 
with the regulations and guidelines normally applicable to the relevant 
program.



Sec. Sec.  1700.110-1700.149  [Reserved]



Sec.  1700.150  OMB Control Number.

    The reporting and recordkeeping requirements contained in this part 
have been approved by the Office of Management and Budget and have been 
assigned OMB control number 0572-0147.



PART 1703_RURAL DEVELOPMENT--Table of Contents



Subparts A-B [Reserved]

          Subpart C_Rural Business Incubator Program [Reserved]

Sec.
1703.80-1703.99 [Reserved]

Subparts D-G [Reserved]

Subpart H_Deferments of RUS Loan Payments for Rural Development Projects

1703.300 Purpose.
1703.301 Policy.

[[Page 17]]

1703.302 Definitions and rules of construction.
1703.303 Eligibility criteria for deferment of loan payments.
1703.304 Restrictions on the deferment of loan payments.
1703.305 Requirements for deferment of loan payments.
1703.306 Limitation on funds derived from the deferment of loan 
          payments.
1703.307 Uses of the deferments of loan payments.
1703.308 Amount of deferment funds available.
1703.309 Terms of repayment of deferred loan payments.
1703.310 Environmental considerations.
1703.311 Application procedures for deferment of loan payments.
1703.312 RUS review requirements.
1703.313 Compliance with other regulations.

    Authority: 7 U.S.C. 901 et seq.

    Source: 54 FR 6870, Feb. 15, 1989, unless otherwise noted. 
Redesignated at 55 FR 39394, Sept. 27, 1990.

Subparts A-B [Reserved]



          Subpart C_Rural Business Incubator Program [Reserved]



Sec. Sec.  1703.80-1703.99  [Reserved]

Subparts D-G [Reserved]



Subpart H_Deferments of RUS Loan Payments for Rural Development Projects

    Source: 58 FR 21639, Apr. 23, 1993, unless otherwise noted. 
Redesignated at 64 FR 14356, Mar. 25, 1999.



Sec.  1703.300  Purpose.

    This subpart H sets forth RUS' policies and procedures for making 
loan deferments of principal and interest payments on direct loans or 
insured loans made for electric or telephone purposes, but not for loans 
made for rural economic development purposes, in accordance with 
subsection (b) of section 12 of the RE Act. Loan deferments are provided 
for the purpose of promoting rural development opportunities.

[82 FR 55925, Nov. 27, 2017]



Sec.  1703.301  Policy.

    It is RUS's policy to encourage borrowers to invest in and promote 
rural development and rural job creation projects that are based on 
sound economic and financial analyses. Borrowers are encouraged to use 
this program to promote economic, business and community development 
projects that will benefit rural areas.



Sec.  1703.302  Definitions and rules of construction.

    (a) Definitions. For the purpose of this subpart, the following 
terms will have the following meanings:1
    Administrator means the Administrator of RUS.
    Borrower means any organization which has an outstanding direct loan 
or insured loan made by RUS for the provision of electric or telephone 
service.
    Cushion of credit payment means a voluntary unscheduled payment on 
an RUS note made after October 1, 1987, credited to the cushion of 
credit account of a borrower.
    Deferment means a re-amortization of a payment of principal and/or 
interest on an RUS direct loan or insured loan for over either a 5- or 
10 year period, with the first payment beginning on the date of the 
deferment.
    Direct loan means a loan that is made by the Administrator pursuant 
to section 4 or section 201 of the RE Act (7 U.S.C. 901 et seq.) for the 
provision of electric or telephone service in rural areas and does not 
include a loan made to promote economic development in rural areas.
    Financially distressed borrower means an RUS-financed borrower 
determined by the Administrator to be either:
    (i) In default or near default on interest or principal payments due 
on loans made or guaranteed under the RE Act;
    (ii) A borrower that was in default or near default, but is 
currently participating in a workout or debt restructuring plan with 
RUS; or
    (iii) Experiencing a financial hardship.
    Insured loan means a loan that is made, held, and serviced by the 
Administrator, and sold and insured by the Administrator, pursuant to 
Section 305 of the RE Act (7 U.S.C. 901 et seq.) for

[[Page 18]]

the provision of electric or telephone service in rural areas and does 
not include a loan made to promote economic development in rural areas.
    Job creation means the creation of jobs in rural areas, or in close 
enough proximity to rural areas so that it is likely that the majority 
of the jobs created will be held by residents of rural areas.
    Project means a rural development project that a borrower proposes 
and the Administrator approves as qualifying under this subpart.
    RE Act means the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901 et seq.).
    REA means the Rural Electrification Administration formerly an 
agency of the United States Department of Agriculture and predecessor 
agency to RUS with respect to administering certain electric and 
telephone loan programs.
    RTB means the Rural Telephone Bank (telephone bank), a body 
corporate and an instrumentality of the United States, that obtains 
supplemental funds from non-Federal sources and utilizes them in making 
loans, operating on a self-sustaining basis to the extent practicable 
(section 401, RE Act).
    RUS means the Rural Utilities Service, an agency of the United 
States Department of Agriculture established pursuant to Section 232 of 
the Federal Crop Insurance Reform and Department of Agriculture 
Reorganization Act of 1994 (Pub. L. 103-354, 108 Stat. 3178), successor 
to REA with respect to administering certain electric and telephone 
programs. See 7 CFR 1700.1.
    Technical assistance means market research, product or service 
improvement, feasibility studies, environmental studies, and similar 
activities that benefit rural development or rural job creation 
projects.
    (b) Rules of construction. Unless the context otherwise indicates; 
``includes'' and ``including'' are not limiting, and ``or'' is not 
exclusive. The terms defined in Sec.  1703.302(a) include both the 
plural and the singular.

[58 FR 21639, Apr. 23, 1993, as amended at 59 FR 66440, Dec. 27, 1994]



Sec.  1703.303  Eligibility criteria for deferment of loan payments.

    The deferment of loan payments may be granted to any borrower that 
is not financially distressed, delinquent on any Federal debt, or in 
bankruptcy proceedings. However, the deferment of loan payments will not 
be granted to a borrower during any period in which the Administrator 
has determined that no additional financial assistance of any nature 
should be provided to the borrower pursuant to any provision of the RE 
Act. The determination to suspend eligibility for the deferment of loan 
payments under this subpart will be based on:
    (a) The borrower's demonstrated unwillingness to exercise diligence 
in repaying loans made by RUS or RTB or guaranteed by RUS that results 
in the Administrator being unable to find that such loans, would be 
repaid within the time agreed; or
    (b) The borrower's demonstrated unwillingness to meet the 
requirements in RUS's or RTB's legal documents or regulations.



Sec.  1703.304  Restrictions on the deferment of loan payments.

    (a) The deferment must not impair the security of any loans made RUS 
or RTB, or guaranteed by RUS, pursuant to the RE Act.
    (b) At no point in time may the amount of the debt service payments 
deferred exceed 50 percent of the total cost of a community, business, 
or economic development project for which a deferment is provided.
    (c) A borrower may defer debt service payments only in an amount 
equal to the investment made by such borrower in a rural development 
project. The investment must not be made from:
    (1) Proceeds of loans made or guaranteed pursuant to the RE Act, or 
grants made pursuant to the RE Act or section 2331 through section 2335A 
of the Rural Economic Development Act of 1990 (7 U.S.C. 950aaa et seq.);
    (2) Funds necessary to make timely payments of principal and 
interest on loans made, guaranteed or lien accommodated pursuant to the 
RE Act;
    (3) Insurance proceeds from mortgaged property;

[[Page 19]]

    (4) Damage awards and sale proceeds resulting from eminent domain 
and similar proceedings involving mortgaged property;
    (5) Sale proceeds from mortgaged property sales requiring specific 
Administrator approval; and
    (6) Funds which are restricted by RUS or RTB loan instruments to be 
held in trust for the Government or to be held for any other specific 
purpose.
    (d) Any investment made in a rural development project prior to the 
date of the application for a deferment based on such project cannot be 
used to satisfy the requirements of this section.



Sec.  1703.305  Requirements for deferment of loan payments.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the borrower must make a cushion of credit payment equal to the amount 
of the payment deferred and subject to the following rules:
    (1) Cushion of credit payments made prior to the date that an 
application for deferral has been approved by RUS cannot be used to 
satisfy the requirements of this section;
    (2) Once a cushion of credit payment has been made to satisfy the 
requirements of paragraph (a) of this section, it must remain on deposit 
in the cushion of credit account on the date of the deferral or the 
deferral will not take place; and
    (3) The cushion of credit payment must be received by RUS on the 
date the payment being deferred is due, or within 30 days prior to this 
date.
    (b) A borrower may elect to consolidate in one application filed 
pursuant to Sec.  1703.311, all of the related deferrals it wishes to 
receive in a twelve month period following application approval. In such 
a case, the requirement contained in paragraph (a)(1) of this section 
may alternatively be satisfied by depositing an amount equal to the 
aggregate deferrals covered by such application into the cushion of 
credit account at the time the first cushion of credit payment is due 
under paragraph (a)(1) of this section.



Sec.  1703.306  Limitation on funds derived from the deferment 
of loan payments.

    Funds derived from the deferment of loan payments will not be used:
    (a) To fund or assist projects which would, in the judgement of the 
Administrator, create a conflict of interest or the appearance of a 
conflict of interest. The borrower must disclose to the Administrator 
information regarding any potential conflict of interest or appearance 
of a conflict of interest;
    (b) For any purpose not reasonably related to the project as 
determined by the Administrator;
    (c) To transfer existing employment or business activities from one 
area to another; or
    (d) For the borrower's electric or telephone operations, nor for any 
operations affiliated with the borrower unless the Administrator has 
specifically informed the borrower in writing that the affiliated 
operations are part of the approved purposes.



Sec.  1703.307  Uses of the deferments of loan payments.

    The deferment of loan payments will be made to enable the borrower 
to provide funding and assistance for rural development and job creation 
projects. This includes, but is not limited to, the borrower providing 
financing to local businesses, community development assistance, 
technical assistance to businesses, and other community, business, or 
economic development projects that will benefit rural areas.



Sec.  1703.308  Amount of deferment funds available.

    (a) The total amount of deferments made available for each fiscal 
year under this program will not exceed 3 percent of the total payments 
due during fiscal year 1993 from all borrowers on direct loans and 
insured loans made under the RE Act. For each subsequent fiscal year 
after 1993, the total amount of deferments will not exceed 5 percent of 
the total payments due for the year from all borrowers on direct loans 
and insured loans.
    (b) The total amount of annual deferments are subject to limitations 
established by appropriations Acts.

[[Page 20]]



Sec.  1703.309  Terms of repayment of deferred loan payments.

    (a) Deferments made to enable the borrower to provide financing to 
local businesses will be repaid over a period of 60 months, in equal 
installments, with payments beginning on the date of the deferment, and 
continuing in such a manner until the total amount of the deferment is 
repaid. The deferment payments will be made on either a monthly or 
quarterly basis depending on the existing repayment terms of the direct 
loan or insured loan being deferred. The deferment will not accrue 
interest.
    (b) In the case of deferments made to enable the borrower to provide 
community development assistance, technical assistance to businesses, 
and for other community, business, or economic development projects not 
included in paragraph (a) of this section, the deferment will be repaid 
over a period of 120 months, in equal installments, with payments 
beginning on the date of the deferment and continuing in such a manner 
until the total amount of the deferment is repaid. The deferment 
payments will be made on either a monthly or quarterly basis depending 
on the existing repayment terms of the direct loan or insured loan being 
deferred. The deferment will not accrue interest.
    (c) The maturity date of a loan may not be extended as a result of a 
deferment.
    (d) If the required payment is not made by the borrower or received 
by the Administrator when due, the Administrator will reduce the 
borrower's cushion of credit account established under this subpart in 
an amount equal to the deferment payment required.
    (e) The balance in a borrower's cushion of credit account shall not 
be reduced by the borrower below the level of the unpaid balance of the 
payment deferred.



Sec.  1703.310  Environmental considerations.

    Prospective recipients of funds received from the deferment of loan 
payments are encouraged to consider the potential environmental impact 
of their proposed projects at the earliest planning stage and plan 
development in a manner that reduces, to the extent practicable, the 
potential to affect the quality of the human environment adversely.



Sec.  1703.311  Application procedures for deferment of loan payments.

    (a) A borrower applying for a deferment must:
    (1) Submit a certified board resolution to the Administrator 
requesting a deferment of principal and interest. The resolution must:
    (i) Be signed by the president or vice president of the borrower;
    (ii) Contain information on the total amount of deferment requested 
for each specific project;
    (iii) Contain information on the type of project and the length of 
deferment requested as defined in Sec.  1703.309; and
    (iv) Specify which officer of the borrower has been given the 
authority to certify to those matters required in this section;
    (2) Submit certification by the appropriate officer to the 
Administrator that the proposed project will not violate the limitations 
set forth in Sec.  1703.306 and disclose all information regarding any 
potential conflict of interest or appearance of a conflict of interest 
that would allow the Administrator to make an informed decision;
    (3) Submit certification by the appropriate officer to the 
Administrator that an investment in the rural development project will 
be made by the borrower in an amount equal to the deferred debt service 
payment;
    (4) Submit certification by the appropriate officer to the 
Administrator that the amount of the deferment will not exceed 50 
percent of the total cost of the project for which the deferment is 
provided;
    (5) Submit certification by the appropriate officer to the 
Administrator that it will make a cushion of credit payment necessary to 
satisfy the requirement of Sec.  1703.305(a);
    (6) Submit certification by the appropriate officer to the 
Administrator that it will comply with Sec.  1703.313 and provide 
documentation showing that its total investments, including the proposed 
investment, will not exceed the investment limitations specified in

[[Page 21]]

7 CFR part 1717, Subpart N, Investments, Loans and Guarantees by 
Electric Borrowers, or 7 CFR Part 1744, Post Loan Policies and 
Procedures Common to Guaranteed and Insured Loans. The documentation 
must provide a list of each rural development project the borrower has 
invested in to date, including the investment amounts;
    (7) Submit to the Administrator written identification of the direct 
loan(s) and/or insured loan(s) for which payments are to be deferred;
    (8) Submit to the Administrator a written narrative which contains 
information regarding the proposed rural development or job creation 
project such as the manner in which the project will promote community, 
business, or economic development in rural areas, the nature of the 
project, its location, the primary beneficiaries, and, if applicable, 
the number and type of jobs to be created; and
    (9) Submit to the Administrator a letter of approval from the state 
regulatory authority, if applicable, granting its approval for the 
borrower to defer direct loan payment(s) and/or insured loan payment(s) 
and invest the amount in a rural development project.
    (b) The Administrator reserves the right to determine that special 
circumstances require additional data from borrowers before acting on a 
deferment. The Administrator also reserves the right to require, as a 
condition of approving a loan payment deferment pursuant to this 
subpart, that the borrower execute and deliver any amendments or 
supplements to its loan documents that may be necessary or appropriate 
to achieve the purposes outlined in Sec.  1703.300.
    (c) The Administrator will decide whether the borrower is eligible 
for the deferment and will notify the borrower of the decision.



Sec.  1703.312  RUS review requirements.

    Borrowers shall ensure that funds are invested in the rural 
development project as approved by RUS. The Administrator reserves the 
right to review the books and copy records of borrowers receiving loan 
payment deferments as necessary to ensure that the investments in the 
rural development project are in accordance with this subpart and the 
representations and purposes stated in the borrower's completed 
application. If an audit discloses that the amount deferred was not used 
for the purposes stated in the completed application, the borrower shall 
be required to promptly repay the amount deferred and the benefits of 
the deferment to the borrower will be recaptured by RUS. The borrower is 
responsible for ensuring that disbursements and expenditures of funds 
covering the investment in the rural development project are properly 
supported with certifications, invoices, contracts, bills of sale, 
cancelled checks, or any other forms of evidence determined appropriate 
by the Administrator and that such supporting material is available at 
the borrower's premises for review by the RUS field accountant, 
borrower's certified public accountant, the Office of Inspector General, 
the General Accounting Office and any other accountant conducting an 
audit of the borrower's financial statements for this rural development 
program.



Sec.  1703.313  Compliance with other regulations.

    (a) Investments in a rural economic development project made by an 
electric borrower under this subpart are subject to the provisions of 7 
CFR part 1717, Subpart N, Investments, Loans and Guarantees by Electric 
Borrowers.
    (b) Investments in a rural economic development project made by a 
telephone borrower under this subpart are subject to the provisions of 7 
CFR Part 1744, Post Loan Policies and Procedures Common to Guaranteed 
and Insured Loans.



PART 1709_ASSISTANCE TO HIGH ENERGY COST COMMUNITIES--Table of Contents



                     Subpart A_General Requirements

Sec.
1709.1 Purpose.
1709.2 Policy. [Reserved]
1709.3 Definitions.
1709.4 Allocation of available funds among programs.
1709.5 Determination of energy cost benchmarks.
1709.6 Appeals.

[[Page 22]]

1709.7 Applicant eligibility.
1709.8 Electronic submission.
1709.9 Grant awards and advance of funds.
1709.10 Ineligible grant purposes.
1709.11 Award conditions.
1709.12 Reporting requirements.
1709.13 Grant administration.
1709.14 Inspections.
1709.15 Grant close out.
1709.16 Performance reviews.
1709.17 Environmental review.
1709.18 Civil rights.
1709.19 Other USDA regulations.
1709.20 Member delegate clause.
1709.21 Audit requirements.
1709.22 Project changes.
1709.23-1709.99 [Reserved]
1709.100 OMB control number.

              Subpart B_RUS High Cost Energy Grant Program

1709.101 Purpose.
1709.102 Policy.
1709.103-1709.105 [Reserved]
1709.106 Eligible applicants.
1709.107 Eligible communities.
1709.108 Supporting data for determining community eligibility.
1709.109 Eligible projects.
1709.110 Use of grant funds.
1709.111 Limitations on use of grant funds.
1709.112 Ineligible grant purposes.
1709.113 Limitations on grant awards.
1709.114 Application process.
1709.115 Availability of application materials.
1709.116 Application package.
1709.117 Application requirements.
1709.118 Submission of applications.
1709.119 Review of applications.
1709.120 Evaluation of applications.
1709.121 Administrator's review and selection of grant awards.
1709.122 Consideration of eligible grant applications under later grant 
          announcements.
1709.123 Evaluation criteria and weights.
1709.124 Grant award procedures.
1709.125-1709.200 [Reserved]

            Subpart C_Bulk Fuel Revolving Fund Grant Program

1709.201 Purpose.
1709.202 Policy. [Reserved]
1709.203 Definitions.
1709.204-1709.206 [Reserved]
1709.207 Eligible applicants.
1709.208 Use of grant funds.
1709.209 Limitations on use of grant funds.
1709.210 Application process.
1709.211 Submission of applications.
1709.212 Application review.
1709.213 Evaluation of applications.
1709.214 Administrator's review and selection of grant awards.
1709.215 Consideration of unfunded applications under later grant 
          announcements.
1709.216 Evaluation criteria and weights.
1709.217 Grant award.
1709.218-1709.300 [Reserved]

Subparts D-F [Reserved]

    Subpart G_Recovery of Financial Assistance Used for Unauthorized 
                                Purposes

1709.601 Policy.
1709.602-1709.999 [Reserved]

    Authority: 5 U.S.C. 301, 7 U.S.C. 901 et seq.

    Source: 70 FR 5351, Feb. 2, 2005, unless otherwise noted.



                     Subpart A_General Requirements



Sec.  1709.1  Purpose.

    The purpose of the Rural Utilities Service (RUS) Assistance to High 
Energy Cost Rural Communities Program is to help local communities meet 
their energy needs through direct loans and grants for energy facilities 
in qualifying extremely high energy cost communities, grants and loans 
to the Denali Commission for extremely high energy cost communities in 
Alaska, and grants to States to support revolving funds to finance more 
cost effective means of acquiring fuel in qualifying communities. This 
subpart sets forth definitions and requirements which are common to all 
grant and loan programs in this part administered by the RUS Electric 
Program under section 19 of the Rural Electrification Act of 1936, as 
amended (RE Act) (7 U.S.C. 918a).



Sec.  1709.2  [Reserved]



Sec.  1709.3  Definitions.

    Administrator means the Administrator of the Rural Utilities Service 
(RUS), United States Department of Agriculture (USDA).
    Agency means the Rural Utilities Service (RUS), an agency of the 
United States Department of Agriculture (USDA), or a successor agency.
    Census block means the smallest geographic entity for which the U.S. 
Census Bureau collects and tabulates decennial census information and 
which are defined by boundaries shown on census maps.
    Census designated place (CDP) means a statistical entity recognized 
by the

[[Page 23]]

U.S. Census Bureau comprising a dense concentration of population that 
is not within an incorporated place but is locally identified by a name 
and which has boundaries defined on census maps.
    Electric program means the office within RUS, and its successor 
organization, that administers rural electrification programs authorized 
by the Rural Electrification Act of 1936 (RE Act) (7 U.S.C. 901 et seq.) 
and such other programs so identified in USDA regulations.
    Extremely high energy costs means community average residential 
energy costs that are at least 275 percent of one or more home energy 
cost benchmarks identified by RUS and based on the latest available 
information on national average residential energy expenditures as 
reported by the Energy Information Administration (EIA) of the United 
States Department of Energy.
    Financial assistance means a grant, loan, or grant-loan combination 
issued under this part.
    Funding opportunity announcement (FOA) means a publicly available 
document by which a Federal agency makes know its intentions to award 
discretionary grants or cooperative agreements, usually as a result of 
competition for funds. FOA announcements may be known as program 
announcements, notices of funding availability, solicitations, or other 
names depending on the agency and type of program. FOA announcements can 
be found at www.Grants.gov in the Search Grants tab and on the funding 
agency's or program's website.
    Home energy means any energy source or fuel used by a household for 
purposes other than transportation, including electricity, natural gas, 
fuel oil, kerosene, liquified petroleum gas (propane), other petroleum 
products, wood and other biomass fuels, coal, wind and solar energy. 
Fuels used for subsistence activities in remote rural areas are also 
included.
    High energy cost benchmarks means the criteria established by RUS 
for eligibility as an extremely high energy cost community. Extremely 
high energy cost benchmarks are calculated as 275 percent of the 
relevant national average household energy benchmarks.
    Indian Tribe means a Federally recognized tribe as defined under 
section 4 of the Indian Self-Determination and Education Assistance Act 
(25 U.S.C. 450b) to include ``* * * any Indian tribe, band, nation, or 
other organized group or community, including any Alaska Native village 
or regional or village corporation as defined in or established pursuant 
to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), 
that is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their status as 
Indians.''
    Person means any natural person, firm, corporation, association, or 
other legal entity, and includes Indian tribes and tribal entities.
    State means any of the several States of the United States, and, 
where provided by law, any Territory of the United States or other area 
authorized to receive the services and programs of the Rural Utilities 
Service or the Rural Electrification Act of 1936, as amended.
    Target area means the geographic area to be served by the grant.
    Target community means the unit or units of local government in 
which the target area is located.

[70 FR 5351, Feb. 2, 2005, as amended at 83 FR 45032, Sept. 5, 2018]



Sec.  1709.4  Allocation of available funds among programs.

    The Administrator, in his sole discretion, shall allocate available 
funds among the programs administered under this part and determine the 
grant application periods under each program. In making fund allocations 
for each fiscal year, the Administrator may consider the amount of 
available funds, the nature and amount of unfunded grant applications 
and prior awards, Agency resources, Agency priorities, and any other 
pertinent information.



Sec.  1709.5  Determination of energy cost benchmarks.

    (a) The Administrator shall establish, using the most recent data 
available, and periodically revise, the home energy cost benchmarks and 
the high energy cost benchmarks used to determine community eligibility 
for high energy cost grant and loan programs

[[Page 24]]

and the Denali Commission high energy cost grants and loans. In setting 
these energy cost benchmarks, the Administrator shall review the latest 
available information on home energy costs published by the EIA. High 
energy cost benchmarks will be set at 275 percent of the applicable 
national average home energy cost benchmark as determined by the 
Administrator from the published EIA data. Eligibility benchmarks shall 
be published in each grant announcement.
    (b) For use in determining eligibility for High Energy Cost Grants, 
the Administrator may establish benchmarks for national average annual 
household expenditures and for national average household per unit 
energy expenditures for major home energy sources or fuels, including, 
but not limited to, electricity, natural gas, fuel oil, kerosene, 
liquified petroleum gas (propane), other petroleum products, wood and 
other biomass fuels, coal, wind and solar energy.



Sec.  1709.6  Appeals.

    An applicant may appeal a decision by the Assistant Administrator, 
Electric Program rejecting an application for failure to meet 
eligibility requirements. Applicants may not appeal rating panel scores 
or rankings. An appeal must be made, in writing to the Administrator, 
within 10 days after the applicant is notified of the determination to 
reject the application. Appeals must state the basis for the appeal and 
shall be submitted to the Administrator, Rural Utilities Service, U.S. 
Department of Agriculture, 1400 Independence Ave., SW., STOP 1500, 
Washington, DC 20250-1500. Thereafter, the Administrator will review the 
appeal to determine whether to sustain, reverse, or modify the original 
determination. The Administrator's determination shall be final. A 
written copy of the Administrator's decision will be furnished promptly 
to the applicant.



Sec.  1709.7  Applicant eligibility.

    An outstanding judgment obtained against an applicant by the United 
States in a Federal Court (other than in the United States Tax Court), 
which has been recorded, shall cause the applicant to be ineligible to 
receive a grant or loan under this part until the judgment is paid in 
full or otherwise satisfied. RUS financial assistance under this part 
may not be used to satisfy the judgment.



Sec.  1709.8  Electronic submission.

    Applicants may submit applications and reports electronically if so 
provided in the applicable grant announcement and grant agreements or if 
other regulations provide for electronic submission. Any electronic 
submissions must be in the form prescribed in the applicable grant 
announcement, grant agreement, or regulation.



Sec.  1709.9  Grant awards and advance of funds.

    The grantee must execute a grant agreement that is acceptable to the 
Agency. The grantee must sign and return the grant agreement to the 
Agency, within the time specified, before any grant funds will be 
advanced.



Sec.  1709.10  Ineligible grant purposes.

    Grant funds under this part may not be used to:
    (a) Pay costs of preparing the application package for funding under 
programs in this part, or for any finders fees or incentives for persons 
or entities assisting in the preparation or submission of an 
application.
    (b) Fund political activities;
    (c) Pay any judgment or debt owed to the United States; or
    (d) Pay construction costs of the project incurred prior to the date 
of grant award except as provided herein. Construction work should not 
be started and obligations for such work or materials should not be 
incurred before the grant is approved.
    (1) Applicants may request Agency approval for reimbursement of pre-
award construction obligations if there are compelling reasons for 
proceeding with construction before grant approval. Such requests may be 
approved if the Agency determines that:
    (i) Compelling reasons, as determined by the Agency, exist for 
incurring obligations before grant approval;
    (ii) The obligations will be incurred for authorized grant purposes;

[[Page 25]]

    (iii) All environmental requirements applicable to the Agency and 
the applicant have been met;
    (iv) The applicant has the legal authority to incur the obligations 
at the time proposed, and payment of the debts will remove any basis for 
any mechanic's, material, or other liens that may attach to the grant 
financed property: and
    (v) The expenditure is incurred no more than 18 months before the 
date of the Administrator's approval of the grant award.
    (2) The Agency may authorize payment of approved pre-award project 
construction obligations at the time of award approval. The applicant's 
request and the Agency's authorization for paying such obligations shall 
be in writing.



Sec.  1709.11  Award conditions.

    In addition to all other grant requirements, all approved applicants 
will be required to do the following:
    (a) Enter into a grant agreement with the Agency in form and 
substance acceptable to the Agency;
    (b) Request advances or reimbursements, as applicable, as provided 
in the grant agreement; and
    (c) Maintain a financial management system that is acceptable to the 
Agency.



Sec.  1709.12  Reporting requirements.

    To support Agency monitoring of project performance and use of grant 
funds, Grantees shall file periodic reports, required under 2 CFR part 
200, as adopted by USDA through 2 CFR part 400, as provided in this 
part, and the grant agreement as follows:
    (a) A financial status report listing project expenditures by budget 
category in such form and at such times as provided in the grant 
agreement.
    (b) Project performance reports in such form and at such intervals 
as provided in the grant agreement. The project performance report shall 
compare accomplishments to the objectives stated in the proposal and 
grant agreement. The project performance report should identify all 
completed tasks with supporting documentation. If the project schedule 
as approved in the grant agreement is not being met, the report should 
discuss the problems or delays that may affect completion of the 
project. Objectives for the next reporting period should be listed. 
Compliance with any special condition on the use of award funds should 
be discussed. Reports are due as provided in the grant agreement.
    (c) A final project performance report with supporting documentation 
in such form and at the time specified in the grant agreement.
    (d) Such other reports as the Agency determines are necessary to 
assure effective grant monitoring as part of the grant agreement or the 
grant announcement as a condition of the grant award or advances of 
funds.

[70 FR 5351, Feb. 2, 2005, as amended at 79 FR 76002, Dec. 19, 2014]



Sec.  1709.13  Grant administration.

    The authority to approve administrative actions is vested in the 
Administrator except as otherwise provided in the RUS delegations of 
authority. Administration of RUS grants is governed by the provisions of 
this subpart and subpart B of this part, the terms of the grant 
agreement and, as applicable, the provisions of 2 CFR part 200, as 
adopted by USDA through 2 CFR part 400.

[70 FR 5351, Feb. 2, 2005, as amended at 79 FR 76002, Dec. 19, 2014]



Sec.  1709.14  Inspections.

    The grantee will permit periodic inspection of the grant project 
operations by a representative of the Agency.



Sec.  1709.15  Grant closeout.

    Grant closeout is when all required work is completed, 
administrative actions relating to the completion of work and 
expenditure of funds have been accomplished, the final project report 
has been submitted and found acceptable by RUS and RUS accepts final 
expenditure information. No monitoring action by RUS of the grantee is 
required after grant closeout. However, grantees remain responsible in 
accordance with the terms of the grant agreement for compliance with 
conditions on property acquired or derived through grant funds.

[[Page 26]]



Sec.  1709.16  Performance reviews.

    Each grant agreement shall include performance criteria and RUS will 
regularly evaluate the progress and performance of grantee according to 
such criteria. If the grantee does not comply with or does not meet the 
performance criteria set out in the grant agreement, the Administrator 
may require amendment of the grant agreement, or may suspend or 
terminate the grant pursuant to 7 CFR 2015, subpart N. If the grantee 
does not comply with or does not meet the performance criteria set out 
in the grant agreement, the Administrator may require amendment of the 
grant agreement, or may suspend or terminate the grant pursuant to 2 CFR 
part 200, as adopted by USDA through 2 CFR part 400.

[70 FR 5351, Feb. 2, 2005, as amended at 79 FR 76002, Dec. 19, 2014]



Sec.  1709.17  Environmental review.

    (a) Grants made under this subpart must comply with the 
environmental review requirements in accordance with 7 CFR part 1970.
    (b) Applicants must address environmental aspects of their projects 
in the grant application in sufficient detail to allow the Agency to 
categorize the project for purposes of compliance with environmental 
review requirements. The grant announcement will establish the form and 
content of the environmental information required for the application.
    (c) Projects that are selected for grant awards by the Administrator 
will be reviewed by the Agency in accordance with 7 CFR part 1970 prior 
to final award approval. The Agency may require the selected applicant 
to submit additional information, as may be required, concerning the 
proposed project in order to complete the required reviews and to 
develop any project-specific conditions for the final grant agreement.

[70 FR 5351, Feb. 2, 2005, as amended at 81 FR 11025, Mar. 2, 2016]



Sec.  1709.18  Civil rights.

    This program will be administered in accordance with applicable 
Federal Civil Rights Law. All grants made under this subpart are subject 
to the requirements of title VI of the Civil Rights Act of 1964, which 
prohibits discrimination on the basis of race, color or national origin. 
In addition, all grants made under this subpart are subject to the 
requirements of section 504 of the Rehabilitation Act of 1973, as 
amended, which prohibits discrimination on the basis of disability; the 
requirements of the Age Discrimination Act of 1975, which prohibits 
discrimination on the basis of age; and title III of the Americans with 
Disabilities Act, which prohibits discrimination on the basis of 
disability by private entities in places of public accommodations. 
Grantees are required to comply with certain regulations on 
nondiscrimination in program services and benefits and on equal 
employment opportunity including 7 CFR parts 15 and 15b; and 45 CFR part 
90, as applicable.



Sec.  1709.19  Other USDA regulations.

    The grant programs under this part are subject to the provisions of 
other departmental regulations, including but not limited to the 
following departmental regulations, or their successors, as applicable:
    (a) Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards, 2 CFR part 200, as adopted by USDA 
through 2 CFR part 400;
    (b) Drug-Free Workplace Act of 1998 (41 U.S.C. 8101 et. seq.), 2 CFR 
part 421;
    (c) E.O.s 12549 and 12689, Debarment and Suspension, 2 CFR part 180, 
which is adopted by USDA through 2 CFR part 417;
    (d) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), 2 CFR part 418; 
and
    (e) Subpart F of 2 CFR 200, as adopted by USDA through 2 CFR 400.

[70 FR 5351, Feb. 2, 2005, as amended at 79 FR 76002, Dec. 19, 2014]



Sec.  1709.20  Member delegate clause.

    Each grant agreement under this part shall provide that no member of 
Congress shall be admitted to any share or part of a grant program or 
any benefit that may arise there from, but this provision shall not be 
construed to bar as a contractor under a grant a publicly held 
corporation whose ownership might include a member of Congress.

[[Page 27]]



Sec.  1709.21  Audit requirements.

    The grantee shall provide the Agency with an audit for each year, 
beginning with the year in which a portion of the financial assistance 
is expended, in accordance with the following:
    (a) If the recipient is a for-profit entity, an electric or 
telecommunications cooperative, or any other entity not covered by the 
definition of ``non-Federal entity'' in 2 CFR 200.1, the recipient shall 
provide an independent audit report in accordance with 7 CFR part 1773 
and the grant agreement.
    (b) If the recipient is a non-Federal entity, as defined in 2 CFR 
200.1, the recipient shall provide an audit in accordance with subpart F 
of 2 CFR part 200.

[70 FR 5351, Feb. 2, 2005, as amended at 79 FR 76002, Dec. 19, 2014; 88 
FR 7561, Feb. 6, 2023]



Sec.  1709.22  Project changes.

    The Grantee shall obtain prior written approval from the Agency for 
any change to the scope or objectives of the approved grant project.



Sec. Sec.  1709.23-1709.99  [Reserved]



Sec.  1709.100  OMB control number.

    The information collection requirements in this part are approved by 
the Office of Management and Budget and assigned OMB control number 
0572-0136.



              Subpart B_RUS High Energy Cost Grant Program



Sec.  1709.101  Purpose.

    This subpart establishes policies and procedures for the Rural 
Utilities Service (RUS) High Energy Cost Grant Program under section 
19(a)(1) of the Rural Electrification Act of 1936, as amended (7 U.S.C. 
918a(a)(1)). The purpose of this grant program is to assure access to 
adequate and reliable energy services for persons in extremely high 
energy cost communities by providing financial assistance to acquire, 
construct, extend, upgrade, and otherwise improve energy generation, 
transmission, or distribution facilities serving the community.



Sec.  1709.102  Policy.

    (a) All high energy cost grants will be awarded competitively 
subject to the limited exceptions in 2 CFR 415.1(d).
    (b) RUS may give priority consideration to projects that benefit 
smaller rural communities, communities experiencing economic hardship, 
projects that extend service to households that lack reliable 
centralized or commercial energy services, and projects that correct 
imminent hazards to public safety, welfare, the environment or critical 
community energy facilities. RUS may also give priority to projects that 
are coordinated with State rural development initiatives or that serve a 
Federally-identified Empowerment Zone or Enterprise Community (EZ/EC) or 
a USDA-identified ``Champion Community.'' Priority consideration will be 
provided through the award of additional points under the project 
selection criteria as specified in the grant announcement.

[70 FR 5351, Feb. 2, 2005, as amended at 79 FR 76002, Dec. 19, 2014]



Sec. Sec.  1709.103-1709.105  [Reserved]



Sec.  1709.106  Eligible applicants.

    (a) Eligible applicants for grants to fund projects serving eligible 
extremely high energy cost communities include Persons, States, 
political subdivisions of States, and other entities organized under the 
laws of States.
    (b) Eligible applicants may be for-profit or non-profit business 
entities including but not limited to corporations, associations, 
partnerships, limited liability partnerships (LLPs), cooperatives, 
trusts, and sole proprietorships.
    (c) Eligible government applicants include State and local 
governments, and agencies and instrumentalities of States and local 
governments.
    (d) Indian tribes, other tribal entities, and Alaska Native 
Corporations are eligible applicants.
    (e) Individuals are also eligible applicants under this program, 
however the proposed grant project must provide community benefits and 
not be for the sole benefit of the individual applicant or an individual 
household.

[[Page 28]]

    (f) As a condition of eligibility, the applicant must demonstrate 
the capacity:
    (1) to enter into a binding grant agreement with the Federal 
Government at the time of the award approval; and
    (2) to carry out the proposed grant project according to its terms.



Sec.  1709.107  Eligible communities.

    (a) An eligible community under this program is one in which the 
average home energy costs exceed 275 percent of the national average 
under one or more high energy cost benchmarks established by RUS based 
on the latest available residential energy information from the Energy 
Information Administration (EIA) of the United States Department of 
Energy. RUS will update the national and high energy cost community 
benchmarks periodically to incorporate any changes in national home 
energy costs reported by EIA. RUS will publish the high energy cost 
community benchmark criteria in the grant announcement. Community 
eligibility will be determined by RUS at the time of application based 
on the criteria published in the applicable grant announcement.
    (b) The Application must include information demonstrating that each 
community in the grant's proposed target area exceeds one or more of the 
RUS high energy cost community benchmarks to be eligible for assistance 
under this program. The smallest area that may be designated as a target 
area is a Census block according to the most recent decennial Census of 
the United States (decennial Census).
    (c) The target community may include an extremely high cost to serve 
portion of a larger service area that does not otherwise meet the 
criteria, provided that the applicant can establish that the costs to 
serve the smaller target area exceed the benchmark.
    (d) In determining the community energy costs, applicants may 
include additional revenue sources that lower the rates or out of pocket 
consumer energy costs such as rate averaging, and other Federal, State, 
or private cost contributions or subsidies.
    (e) The applicant may propose a project that will serve high energy 
cost communities across a State or region, but where individual project 
beneficiaries will be selected at a later time. In such cases, to 
establish eligibility, the applicant must provide sufficient information 
in the application to determine that the proposed target area includes 
eligible high energy cost communities and proposed selection criteria to 
assure that grant funds are used to serve eligible communities.

[70 FR 5351, Feb. 2, 2005, as amended at 80 FR 9860, Feb. 24, 2015]



Sec.  1709.108  Supporting data for determining community eligibility.

    The application shall include the following:
    (a) Documentation of energy costs. Documents or references to 
published or other sources for information or data on home energy 
expenditures or equivalent measures used to support eligibility, or 
where such information is unavailable or does not adequately reflect the 
actual cost of average home energy use in a local community, reasonable 
estimates of commercial energy costs.
    (b) Served areas. A comparison of the historical residential energy 
cost or expenditure information for the local commercial energy 
provider(s) serving the target community or target area with the 
benchmark criteria published by the Agency.
    (c) Engineering estimates. Estimates based on engineering standards 
may be used in lieu of historical residential energy costs or 
expenditure information under the following circumstances:
    (1) Where historical community energy cost data are unavailable 
(unserved areas), incomplete or otherwise inadequate;
    (2) Where the target area is not connected to central station 
electric service to a degree comparable with other residential customers 
in the State or region.
    (3) Where historic energy costs do not reflect the costs of 
providing a necessary upgrade or replacement of energy infrastructure 
that would have the effect of raising costs above one or more of the 
Agency benchmarks.
    (d) Independent Agency review. Information to support high energy 
cost eligibility is subject to independent review by the Agency. The 
Agency may

[[Page 29]]

reject applications that are not based on credible data sources or sound 
engineering estimates.



Sec.  1709.109  Eligible projects.

    Eligible projects are those that acquire, construct, extend, repair, 
upgrade or otherwise improve energy generation, transmission or 
distribution facilities serving communities with extremely high energy 
costs. All energy generation, transmission and distribution facilities 
and equipment used to provide or improve electricity, natural gas, home 
heating fuels, and other energy services to eligible communities are 
eligible. Projects providing or improving service to communities with 
extremely high energy costs through on-grid and off-grid renewable 
energy technologies, energy efficiency, and energy conservation projects 
and services are eligible. A grant project is eligible if it improves, 
or maintains energy services, or reduces the costs of providing energy 
services to eligible communities. Examples of eligible activities 
include, but are not limited to, the acquisition, construction, 
replacement, repair, or improvement of:
    (a) Electric generation, transmission, and distribution facilities, 
equipment, and services serving the eligible community;
    (b) Natural gas distribution or storage facilities and associated 
equipment and activities serving the eligible community;
    (c) Petroleum product storage and handling facilities serving 
residential or community use.
    (d) Renewable energy facilities used for on-grid or off-grid 
electric power generation, water or space heating, or process heating 
and power for the eligible community;
    (e) Backup up or emergency power generation or energy storage 
equipment, including distributed generation, to serve the eligible 
community; and
    (f) Implementation of cost-effective energy efficiency, energy 
conservation measures that are part of the implementation of a 
coordinated demand management or energy conservation program for the 
eligible community, such as, for example, weatherization of residences 
and community facilities, or acquisition and installation of energy-
efficient or energy saving appliances and devices .



Sec.  1709.110  Use of grant funds.

    (a) Project development costs. Grants may be used to fund the costs 
and activities associated with the development of an eligible energy 
project. RUS will in no case approve the use of grant funds to be used 
solely or primarily for project development costs. Eligible project 
development costs must be reasonable and directly related to the project 
and may include the following:
    (1) Costs of conducting, or hiring a qualified consultant to 
conduct, a feasibility analysis of the proposed project to help 
establish the financial and technical sustainability of the project, 
provided that such costs do not exceed more than 10 percent of total 
project costs;
    (2) Design and engineering costs, including costs of environmental 
and cultural surveys and consulting services necessary to the project 
and associated environmental review, siting and permit approvals; and
    (3) Fees for legal and other professional services directly related 
to the project.
    (b) Construction costs. Grant funds may be used for the reasonable 
costs of construction activities, including initial construction, 
installation, expansion, extension, repair, upgrades, and related 
activities, including the rental or lease of necessary equipment, to 
provide or improve energy generation, transmission, or distribution 
facilities or services;
    (c) Acquisitions and purchase. Grant funds may be used for the 
acquisition of property, equipment, and materials, including the 
purchase of equipment, and materials, the acquisition or leasing of real 
or personal property, equipment, and vehicles associated with and 
necessary for project development, construction, and operation. Grant 
funds may be used for the acquisition of new or existing facilities or 
systems where such action is a cost-effective means to extend or 
maintain service to an eligible community or reduces the costs of such 
service for the primary benefit of community residents.

[[Page 30]]

    (d) Grantee cost contributions. Grant funds may be applied as 
matching funds or cost contributions under Federal or other programs 
where the terms of those programs so allow use of other Federal funds.



Sec.  1709.111  Limitations on use of grant funds.

    (a) Planning and administrative costs. Not more than 4 percent of 
each grant award may be used for the planning and administrative 
expenses of the applicant that are unrelated to the grant project.
    (b) Unproven technology. Only projects that utilize technology with 
a proven operating history, and for which there is an established 
industry for the design, installation, and service (including spare 
parts) of the equipment, are eligible for funding. Energy projects 
utilizing experimental, developmental, or prototype technologies or 
technology demonstrations are not eligible for grant funds. The 
determination by RUS that a project relies on unproven technology shall 
be final.



Sec.  1709.112  Ineligible grant purposes.

    (a) Grant funds may not be used for the costs of preparing the grant 
application, finders fees, fuel purchases, routine maintenance or other 
operating costs, or purchase of equipment, structures or real property 
not directly associated with providing energy services in the target 
community, or, except as provided in Sec.  1709.11(d), project 
construction costs incurred prior to the date of the grant award.
    (b) In general, grant funds may not be used to support projects that 
primarily benefit areas outside of eligible target communities. However, 
grant funds may be used to finance an eligible target community's 
proportionate share of a larger energy project.
    (c) Grant funds may not be used to refinance or repay the 
applicant's outstanding loans or loan guarantees under the Rural 
Electrification Act of 1936, as amended.



Sec.  1709.113  Limitations on grant awards.

    (a) The Administrator may establish minimum or maximum amount of 
funds that may be awarded in a single grant application within in any 
grant cycle in order to distribute available grant funds as broadly as 
possible. If the Administrator elects to impose a minimum or maximum 
grant amount, the limitations will be published in the grant 
announcement.
    (b) The Administrator may restrict eligible applicants to a single 
award of grant funds or to a monetary cap on grant awards within a grant 
cycle in order to assure that the available grant funds are distributed 
as broadly as possible. If the Administrator elects to impose a limit or 
cap on grant awards, the terms will be established in the grant 
announcement.



Sec.  1709.114  Application process.

    The RUS will request applications for high energy cost grants on a 
competitive basis by posting a FOA on www.Grant.gov. The FOA will 
establish the amount of funds available, the application package 
contents and additional requirements, the availability of application 
materials, high energy cost community eligibility benchmarks, selection 
criteria and weights, priority considerations, deadlines and procedures 
for submitting applications. This information will also be made 
available in the RUS High Energy Cost Grant program application guide 
and the RUS High Energy Cost Grant program website.

[83 FR 45032, Sept. 5, 2018]



Sec.  1709.115  Availability of application materials.

    Application materials, including copies of the grant announcement 
and all required forms and certifications will be available by request 
from the Agency and by such other means as the Agency may determine. In 
addition, the Agency may make available an application guide and other 
materials that may be of assistance to prospective applicants.



Sec.  1709.116  Application package.

    The requirements for the application package will be established in 
the grant announcement. A complete application package will consist of 
the standard application for federal assistance (SF-424 series), as 
applicable, a narrative project proposal prepared in

[[Page 31]]

accordance with the grant announcement, an RUS environmental profile, 
and such other supporting documentation, forms, and certifications as 
required in the grant announcement and this part.



Sec.  1709.117  Application requirements.

    (a) Required forms. The forms required for application and where to 
obtain them will be specified in the announcement. All required forms 
must be completed, signed and submitted by a person authorized to submit 
the proposal on behalf of the applicant. For applications and forms that 
are submitted electronically, the application must be authenticated as 
provided in the grant announcement. In the case of grant applications 
submitted electronically, the applicant may be required to provide 
signed originals of required forms prior to and as a condition of the 
grant award.
    (b) Narrative proposal. Each application must include a narrative 
proposal describing the proposed project and addressing eligibility and 
selection criteria. The grant announcement will specify the contents, 
order, and format for the narrative proposal. The proposal must include 
all the required elements identified in this subsection. The grant 
announcement may establish additional required elements that must be 
addressed in the narrative project proposal.
    (1) Executive summary. A summary of the proposal should briefly 
describe the project including target community, goals, tasks to be 
completed and other relevant information that provides a general 
overview of the project. The applicant must clearly state the amount of 
grant funds requested and identify any priority ratings for which the 
applicant believes it is qualified.
    (2) Applicant eligibility. The narrative and supporting 
documentation must describe the applicant and establish its eligibility.
    (3) Community eligibility. This section must describe the target 
area and communities to be served by the project and demonstrate 
eligibility. The applicant must clearly identify the:
    (i) Location and population of the areas to be served by the 
project;
    (ii) Population of the local government division to which they 
belong;
    (iii) Identity of local energy providers; and
    (iv) Sources of the high energy cost data and estimates used.
    (4) Project eligibility. The narrative must describe the proposed 
project in sufficient detail to establish that it is an eligible 
project.
    (5) Project description. The project description must:
    (i) Describe the project design, materials, and equipment in 
sufficient detail to support a finding of technical feasibility;
    (ii) Identify the major tasks to be performed and a proposed 
timeline for completion of each task; and
    (iii) Identify the location of the project target area and the 
eligible extremely high energy cost communities to be served.
    (6) Project management. The applicant must describe how and by whom 
the project will be managed during construction and operation. The 
description should address the applicant's organizational structure, key 
project personnel and the degree to which full time employees, 
affiliated entities or contractors will be utilized. The applicant must 
describe the identities, legal relationship, qualifications and 
experience of those persons that will perform project management 
functions. If the applicant proposes to use the equipment or design, 
construction and other services from non-affiliated entities, the 
applicant must describe how it plans to contract for such equipment or 
services.
    (7) Budget. The budget narrative must present a detailed breakdown 
of all estimated costs and allocate these costs among the listed tasks 
in the work plan. All project costs, not just grant funds, must be 
accounted for in the budget. A pro forma operating budget for the first 
year of operations must also be included. The detailed budget 
description must be accompanied by SF-424A, ``Budget Information--Non-
Construction Programs,'' or SF-424C ``Budget Information--Construction 
Programs,'' as applicable.
    (8) Project goals and objectives. The applicant must identify 
unambiguous measures for expected cost reduction,

[[Page 32]]

efficiencies or other improvements and the degree to which the 
incremental benefit will be enjoyed by residents of the eligible 
community. The description should specifically address how the project 
will provide or improve energy generation, transmission or distribution 
services in the target area. The project objectives and proposed 
evaluation measures will be the basis for project performance measures 
in the grant agreement.
    (9) Performance measures. The application must include specific 
criteria for measuring project performance. These proposed criteria will 
be used in establishing performance measures incorporated in the grant 
agreement in the event the proposal receives funding under this subpart. 
These suggested criteria are not binding on the Agency. Appropriate 
measures of project performance include expected reductions in home 
energy costs, avoided cost increases, enhanced reliability, new 
households served, or economic and social benefits from improvements in 
energy services.
    (10) Proposal evaluation and selection criteria. The application 
must address individually and in narrative form each of the proposal 
evaluation and selection criteria referenced in the grant announcement.
    (11) Rural development initiatives. The proposal should describe 
whether and how the proposed project will support any State rural 
development initiatives. If the project is in support of a rural 
development initiative, the application should include confirming 
documentation from the appropriate rural development agency. The 
application must identify the extent to which the project is dependent 
upon or tied to other rural development initiatives, funding and 
approvals.
    (12) Environmental review requirements. Grants made under this 
subpart must comply with the environmental review requirements in 
accordance with 7 CFR part 1970.
    (13) Regulatory and other required project approvals. The applicant 
must identify all regulatory or other approvals required by other 
Federal, State, local, tribal or private entities (including conditions 
precedent to financing) that are necessary to carry out the proposed 
project and an estimated schedule for obtaining the necessary permits 
and approvals.

[70 FR 5351, Feb. 2, 2005, as amended at 81 FR 11026, Mar. 2, 2016]



Sec.  1709.118  Submission of applications.

    Unless otherwise provided in the grant announcement, a complete 
original application package and two copies must be submitted by the 
application deadline to RUS at the address specified in the applicable 
announcement. Instructions for submittal of applications electronically 
will be established in the grant announcement.



Sec.  1709.119  Review of applications.

    (a) RUS will review each application package received to determine 
whether the applicant is eligible and whether the application is timely, 
complete, and responsive to the requirements set forth in the grant 
announcement.
    (b) RUS may, at its discretion, contact the applicant to clarify or 
supplement information in the application needed to determine 
eligibility, identifying information, and grant requests to allow for 
informed review. Failure of the applicant to provide such information in 
response to a written request by the Agency within the time frame 
established by the Agency may result in rejection of the application.
    (c) After consideration of the information submitted, the Assistant 
Administrator, Electric Program will determine whether an applicant or 
project is eligible and whether an application is timely, complete, and 
responsive to the grant announcement and shall notify the applicant in 
writing. The Assistant Administrator's decision on eligibility may be 
appealed to the Administrator.



Sec.  1709.120  Evaluation of applications.

    (a) The Agency will establish one or more rating panels to review 
and rate the grant applications. The panels may include persons not 
employed by the Agency.
    (b) All timely and complete applications that meet the eligibility 
requirements will be referred to the rating panel. The rating panel will 
evaluate and rate all referred applications according to the evaluation 
criteria and

[[Page 33]]

weights established in the grant announcement. Panel members may make 
recommendations for conditions on grant awards to promote successful 
performance of the grant or to assure compliance with other Federal 
requirements.
    (c) After the rating panel has evaluated and scored all proposals, 
in accordance with the point allocation specified in the grant 
announcement, the panel will prepare a list of all applications in rank 
order, together with funding level recommendations and recommendations 
for conditions, if any.
    (d) The list of ranked projects and rating panel recommendations 
will be forwarded to the Administrator for review and selection.



Sec.  1709.121  Administrator's review and selection of grant awards.

    (a) The final decision to make an award is at the discretion of the 
Administrator. The Administrator shall make any selections of finalists 
for grant awards after consideration of the applications, the rankings, 
comments, and recommendations of the rating panel, and other pertinent 
information.
    (b) Based on consideration of the application materials, ranking 
panel ratings, comments, and recommendations, and other pertinent 
information, the Administrator may elect to award less than the full 
amount of grant requested by an applicant. Applicants will be notified 
of an offer of a reduced or partial award. If an applicant does not 
accept the Administrator's offer of a reduced or partial award, the 
Administrator may reject the application and offer an award to the next 
highest ranking project.
    (c) The projects selected by the Administrator will be funded in 
rank order to the extent of available funds.
    (d) In the event an insufficient number of eligible applications are 
received in response to a FOA and selected for funding to exhaust the 
funds available, the Administrator reserves the discretion to reopen the 
application period and to accept additional applications for 
consideration under the terms of the FOA. Another FOA regarding the 
reopening of an application period will be announced on www.Grants.gov.

[70 FR 5351, Feb. 2, 2005, as amended at 83 FR 45033, Sept. 5, 2018]



Sec.  1709.122  Consideration of eligible grant applications 
under later grant announcements.

    At the discretion of the Administrator, the grant announcement may 
provide that all eligible but unfunded proposals submitted under 
preceding competitive grant announcements may also be considered for 
funding. This option is provided to reduce the burden on applicants and 
the Agency. The grant announcement shall indicate how applicants may 
request reconsideration of previously submitted, but unfunded, 
applications and how they may supplement their applications.



Sec.  1709.123  Evaluation criteria and weights.

    (a) Establishing evaluation criteria and weights. The grant 
announcement will establish the evaluation criteria and weights to be 
used in ranking the grant proposals submitted. Unless supplemented in 
the grant announcement, the criteria listed in this section will be used 
to evaluate proposals submitted under this program. Additional criteria 
may be included in the grant announcement. In establishing evaluation 
criteria and weights, the total points that may be awarded for project 
design and technical merit criteria shall not be less than 65 percent of 
the total available points, and the total points awarded for priority 
criteria shall not be more than 35 percent of the total available 
points. The distribution of points to be awarded per criterion will be 
identified in the grant announcement.
    (b) Project design and technical merit. In reviewing the grant 
proposal's project design and technical merit, reviewers will consider 
the soundness of the applicant's approach, the project's technical and 
financial feasibility, the adequacy of financial and other resources, 
the capabilities and experience of the applicant and its project 
management team, the project goals, and identified community needs and 
benefits. Points will be awarded under the following project elements:

[[Page 34]]

    (1) Comprehensiveness and feasibility. Reviewers will assess the 
technical and economic feasibility of the project and how well its goals 
and objectives address the challenges of the eligible communities. The 
panel will review the proposed design, construction, equipment and 
materials for the proposed energy facilities to determine technical 
feasibility. Reviewers may propose additional conditions on the grant 
award to assure that the project is technically sound. Budgets will be 
reviewed for completeness and the strength of non-Federal funding 
commitments. Points may not be awarded unless sufficient detail is 
provided to determine whether or not funds are being used for qualified 
purposes. Reviewers will consider the adequacy of the applicant's budget 
and resources to carry out the project as proposed. Reviewers will also 
evaluate how the applicant proposes to manage available resources such 
as grant funds, income generated from the facilities and any other 
financing sources to maintain and operate a financially viable project 
once the grant period has ended. Reviewers must make a finding of 
operational sustainability for any points to be awarded. Projects for 
which future grant funding is likely to be required in order to assure 
ongoing operations will not receive any points.
    (2) Demonstrated experience. Reviewers will consider whether the 
applicant or its project team have demonstrated experience in 
successfully administering and carrying out projects that are comparable 
to that proposed in the application. The reviewers may assign a higher 
point score to proposals that develop the internal capacity to provide 
or improve energy services in the eligible communities over other 
proposals that rely extensively on temporary outside contractors.
    (3) Community needs. Reviewers will consider the applicant's 
assessment of community energy needs to be addressed by the proposed 
project as well as the severity of physical and economic challenges 
affecting the target communities. In determining whether one proposal 
should receive more points than another under this criterion, reviewers 
will consider the relative burdens placed on the communities and 
individual households by extremely high energy costs, the hardships 
created by limited access to reliable and affordable energy services and 
the availability of other resources to support or supplement the 
proposed grant funding.
    (4) Project evaluation and performance measures. Reviewers will 
consider the applicant's suggested project evaluation and performance 
criteria. Reviewers may award higher points to criteria that are 
quantifiable, directly relevant to project goals, and reflect serious 
consideration than to more subjective performance criteria that do not 
incorporate variables that reflect a reduction in energy cost or 
improvement in service.
    (5) Coordination with rural development initiatives. Proposals that 
include documentation confirming coordination with State rural 
development initiatives may be credited points for this criterion.
    (c) Priority considerations. Subject to the limitation in paragraph 
(a) of this section, evaluation points may also be awarded for projects 
that advance identified priority interests identified in the grant 
announcement to assist the Agency in selecting among competing projects 
when the amount of funding requests exceed available funds. The grant 
announcement may incorporate all or some of the priority criteria listed 
below, and as discussed in paragraph (a) of this section, the grant 
announcement may supplement these criteria. The announcement will also 
specify the points that will be awarded to qualifying applications under 
these priority criteria.
    (1) Community economic hardship. Economic hardship points may be 
awarded where the median household income for the target community is 
significantly below the State average or where the target community 
suffers from economic conditions that severely constrain its ability to 
provide or improve energy facilities serving the community. Applicants 
must describe in detail and document conditions creating severe 
community economic hardship in the proposal.
    (2) Rurality. Priority consideration may be given to proposals that 
serve

[[Page 35]]

smaller rural communities. Applications will be scored based on the 
population of the largest incorporated cities, towns or villages or 
census designated places included within the grant's proposed target 
area as determined using the population figures from the most recent 
decennial Census. If the applicable population figure cannot be based on 
the most recent decennial Census, RD will determine the applicable 
population figure based on available population data.
    (3) Unserved energy needs. Points may be awarded to projects that 
extend or improve electric or other energy services to eligible 
communities or areas of eligible communities that do not have reliable 
centralized or commercial service.
    (4) Imminent hazard. Additional points may be awarded for projects 
that correct a condition posing an imminent hazard to public safety, 
public welfare, the environment, or to a critical community or 
residential energy facility in immediate danger of failure because of a 
deteriorated condition, capacity limitation, or damage from a natural 
disaster or accident.
    (5) Cost sharing. Projects that evidence significant commitments of 
funds, contributed property, equipment, or other in kind support for the 
project may be awarded additional points for this criterion where the 
aggregate value of these contributions exceed ten percent of total 
eligible project costs.

[70 FR 5351, Feb. 2, 2005, as amended at 80 FR 9860, Feb. 24, 2015]



Sec.  1709.124  Grant award procedures.

    (a) Notification of applicants. The Agency will notify all 
applicants in writing whether they have been selected for a grant award. 
Applicants that have been selected as finalists for a competitive grant 
award will be notified in writing of their selection and advised that 
the Agency may request additional information in order to complete 
environmental review requirements in accordance with 7 CFR part 1970, 
and to meet other pre-award conditions.
    (b) Letter of conditions. The Agency will notify each applicant 
selected as a finalist in writing setting out the amount of grant funds 
and the terms and conditions under which the grant will be made and 
requesting that the applicant indicate in writing its intent to accept 
these conditions.
    (c) Applicant's intent to meet conditions. Upon reviewing the 
conditions and requirements in the letter of conditions, the selected 
applicant must notify the agency in writing within the time period 
indicated, of its acceptance of the conditions, or if the proposed 
certain conditions cannot be met, the applicant must so advise the 
Agency and may propose alternate conditions. The Agency must concur with 
any changes proposed to the letter of conditions by the applicant before 
the application will be further processed.
    (d) Grant agreement. The Agency and the grantee must sign a grant 
agreement acceptable to the Agency prior to the advance of funds.

[70 FR 5351, Feb. 2, 2005, as amended at 81 FR 11026, Mar. 2, 2016]



Sec. Sec.  1709.125-1709.200  [Reserved]



            Subpart C_Bulk Fuel Revolving Fund Grant Program



Sec.  1709.201  Purpose.

    This subpart establishes policies and procedures for the Rural 
Utilities Service (RUS) State Bulk Fuel Revolving Fund Grants. The 
purpose of this grant program is to assist State entities in 
establishing and supporting a revolving fund to provide a more cost-
effective means of purchasing fuel for communities where the fuel cannot 
be shipped by means of surface transportation.



Sec.  1709.202  [Reserved]



Sec.  1709.203  Definitions.

    As used in this subpart, the following definitions apply:
    Eligible area means any area that is primarily dependent on delivery 
of fuel by water or air for a significant part of the year and where 
fuel cannot be shipped routinely by means of surface transportation 
either because of absolute physical constraints or because surface 
transportation is not practical or is prohibitively expensive.
    Fuel means oil, diesel fuel, gasoline and other petroleum products, 
coal,

[[Page 36]]

and any other material that can be burned to make energy.
    State entity means a department, agency, or instrumentality of any 
State.
    Surface transportation means transportation by road, rail or 
pipeline.



Sec. Sec.  1709.204-1709.206  [Reserved]



Sec.  1709.207  Eligible applicants.

    Eligible applicants are restricted to State entities in existence as 
of November 9, 2000. Eligible State entities may partner with other 
entities, including other government agencies, in carrying out the 
programs funded by this program. Each applicant must demonstrate that it 
has the authority to enter into a binding agreement with the Federal 
Government to carry out the grant activities.



Sec.  1709.208  Use of grant funds.

    Grant funds must be used to establish and support a revolving loan 
fund that facilitates cost effective fuel purchases for persons, 
communities, and businesses in eligible areas. Where a recipient State 
entity's existing program is authorized to fund multiple purposes, grant 
funds may only be used to the extent the recipient fund finances 
eligible activities.



Sec.  1709.209  Limitations on use of grant funds.

    Not more than 4 percent of the grant award may be used for the 
planning and administrative expenses of the grantee.



Sec.  1709.210  Application process.

    (a) Applications. The Agency will solicit applications on a 
competitive basis by publication of a grant announcement establishing 
the amount of funds available, the maximum grant award, the required 
application materials and where to obtain them, the evaluation and 
selection criteria and weights, and application deadlines. Unless 
otherwise specified in the announcement, applicants must file an 
original application package and two copies. Where provided in the grant 
announcement, applicants may submit electronic applications.
    (b) Required forms. The grant application will use the Standard 
Application for Federal Assistance (SF-424 series or its successor) and 
other forms as provided in the grant announcement. The required forms 
must be completed, signed and submitted by a person authorized to submit 
the proposal on behalf of the applicants. Where provided in the grant 
announcement, applicants may file electronic versions of the forms in 
compliance with the instructions in the grant announcement.
    (c) Narrative proposal and required elements. Each grant application 
must include a narrative proposal describing the project and addressing 
the following elements. The form, contents, and order of the narrative 
proposal will be specified in the grant announcement. Additional 
elements may be published in the applicable grant announcement.
    (1) Executive summary. This summary of the proposal must identify 
the State entity applying for the grant and the key agency contact 
information (telephone and fax numbers, mailing address and e-mail 
address). The applicant must clearly state the amount requested in this 
section. It should briefly describe the program, including the estimated 
number of potential beneficiaries in eligible areas, their estimated 
fuel needs, the projects and activities to be financed through the 
revolving fund and how the projects and activities will improve the cost 
effectiveness of fuel procured.
    (2) Applicant eligibility. The application must establish that the 
applicant is a State entity that was in existence as of November 9, 
2000, and has the legal authority to enter into a financial assistance 
relationship with the Federal Government to carry out the grant 
activities.
    (3) Assessment of needs and potential beneficiaries. The application 
must provide estimates of the number, location and population of 
potentially eligible areas in the State and their estimated fuel needs 
and costs. The section must also describe the criteria used to identify 
eligible areas, including the characteristics that make fuel deliveries 
by surface transport impossible or impracticable. The description of 
beneficiary communities should provide a detailed

[[Page 37]]

breakdown of the density profile of the area to be served by eligible 
projects. Indicate to what extent persons in eligible areas live outside 
of communities of 2,500 persons or more, communities of 5,000 or more or 
outside of communities of 20,000 or more. All population estimates 
should be based on the most recent decennial Census of the United 
States. If the applicable population estimate cannot be based on the 
most recent decennial Census, RD will determine the applicable 
population figure based on available population data. All 
representations should be supported with exhibits such as maps, summary 
tables and references to official information sources.
    (4) Project description. The application must:
    (i) Describe the legal structure and staffing of the revolving fund 
proposal for fuel purchase support.
    (ii) Identify the objectives of the project, the proposed criteria 
for establishing project funding eligibility and how the project is to 
be staffed, managed and financed.
    (iii) Describe how the potential beneficiaries will be informed of 
the availability of revolving fund benefits to them.
    (iv) Explain how the proposed revolving fund program will help 
provide a more cost-effective means of meeting fuel supply needs in 
eligible areas, encourage the adoption of financially sustainable energy 
practices, the adequate planning and investment in bulk fuel facility 
operations and maintenance and cost-effective investments in energy 
efficiency.
    (v) If the revolving fund program is not yet operational, a proposed 
implementation schedule and milestones should be provided.
    (5) Demonstrated experience. The application shall describe past 
accomplishments and experiences that are relevant to determine whether 
the applicant is capable of administering the grant project.
    (6) Budget. The application must include a pro forma operating 
budget for the proposed fund and a description of all funding sources. 
The level of detail must be sufficient for reviewers to determine that 
grant funds will be used only for eligible purposes and to determine the 
extent to which the program is entirely dependent on grant funding or 
whether it has financial support from the State or other sources.
    (7) Performance measures and project evaluation. The application 
must provide unambiguous and quantifiable measures that will be used to 
evaluate the success and cost-effectiveness of the revolving fund in 
assuring adequate fuel supplies for eligible communities and for 
assessing the fuel supply projects financed. The grant announcement may 
establish additional required elements that must be addressed in the 
narrative proposal of the application package.

[70 FR 5351, Feb. 2, 2005, as amended at 80 FR 9860, Feb. 24, 2015]



Sec.  1709.211  Submission of applications.

    Completed applications must be submitted to RUS at the address 
specified in the grant announcement on or before the deadline specified 
in the grant announcement. Instructions for submittal of applications 
electronically will be established in the grant announcement. Late 
applications will be rejected.



Sec.  1709.212  Application review.

    The Agency will review all applications to determine whether the 
applicant is eligible and whether the application is timely, complete 
and sufficiently responsive to the requirements set forth in the grant 
announcement to allow for an informed review. Failure to address any of 
the required evaluation criteria or to submit all required forms will 
disqualify the proposal. The Agency reserves the right to contact the 
applicant to clarify information contained in the proposal to resolve 
issues related to eligibility and the grant request. Applications that 
are timely, complete, and responsive will be forwarded for further 
evaluation. Applications that are late, incomplete, or non-responsive 
will be rejected.



Sec.  1709.213  Evaluation of applications.

    (a) The Agency will establish one or more rating panels to review 
and rate the grant applications. The panels may include persons not 
employed by the Agency.

[[Page 38]]

    (b) The rating panel will evaluate and rate all complete 
applications that meet the eligibility requirements according to the 
evaluation and selection criteria and weights established in the grant 
announcement. Panel members may make recommendations for conditions on 
grant awards to promote successful performance of the grant or to assure 
compliance with other Federal requirements.
    (c) After all proposals have been evaluated and scored, the 
proposals, the rankings, recommendations, and comments of the rating 
panel will be forwarded to the Administrator.



Sec.  1709.214  Administrator's review and selection of grant awards.

    (a) The final decision to make a grant award is at the discretion of 
the Administrator. The Administrator shall consider the applications, 
the ranking, comments, and recommendations of the rating panel, and any 
other pertinent information before making a decision about which, if 
any, applications to approve, the amount of funds awarded, and the order 
of approval. The Administrator reserves the right not to make any awards 
from the applications submitted. When the Administrator decides not to 
make any awards, the Administrator shall document in writing the reason 
for the decision.
    (b) Decisions on grant awards will be made by the Administrator 
after consideration of the applications, the rankings and 
recommendations of the rating panel. The Administrator may elect to 
award less than the full amount of grant requested by an applicant.
    (c) The applications selected by the Administrator will be funded in 
rank order to the extent of available funds.



Sec.  1709.215  Consideration of unfunded applications under 
later grant announcements.

    The grant announcement may provide that all eligible but unfunded 
proposals submitted under preceding announcements may also be considered 
for funding. The announcement shall describe whether and how prior 
applicants may request reconsideration and supplement their application 
material.



Sec.  1709.216  Evaluation criteria and weights.

    Unless supplemented in the grant announcement, the criteria listed 
in this section will be used to evaluate proposals submitted under this 
program. The total points available and the distribution of points to be 
awarded per criterion will be identified in the grant announcement.
    (a) Program Design. Reviewers will consider the financial viability 
of the applicant's revolving fund program design, the proposed criteria 
for establishing eligible projects and borrowers, and how the program 
will improve the cost effectiveness of bulk fuel purchases in eligible 
areas. Programs demonstrating a strong design and the ability to improve 
cost effectiveness will receive more points than applications that are 
less detailed.
    (b) Assessment of needs. Reviewers will award more points to 
programs that serve or give priority to assisting more costly areas than 
those that serve populations that suffer from less severe physical and 
economic challenges.
    (c) Program evaluation and performance measures. Reviewers may award 
more points to performance measures that are relevant to the project 
objective and quantifiable than to performance measures that are more 
subjective and do not incorporate variables that reflect a reduction in 
fuel cost or improvement in service.
    (d) Demonstrated experience. Applicants may be awarded points for 
relevant experience in administering revolving fund or other comparable 
programs.
    (e) Rurality. Reviewers may award more points to proposals that give 
priority in access to funds to communities with low population density 
or that are located in remote eligible areas than to proposals that 
serve eligible, but less remote and higher population density 
communities.
    (f) Cost sharing. Although cost-sharing is not required under this 
program, projects that evidence significant funding or contributed 
property, equipment or other in kind support for the project may be 
awarded points for this criterion where the aggregate value of these 
contributions exceed 25 percent of the annual funding operations.

[[Page 39]]

    (g) Additional priority considerations. The grant announcement may 
provide for additional points to be awarded to projects that advance 
identified Agency priority interests under this program.



Sec.  1709.217  Grant award.

    (a) Notification of applicants. The Agency will notify all 
applicants in writing whether or not they have been selected for a grant 
award.
    (b) Letter of conditions. The Agency will notify a selected 
applicant in writing, setting out the amount of grant approved and the 
conditions under which the grant will be made.
    (c) Applicant's intent to meet conditions. Upon reviewing the 
conditions and requirements in the letter of conditions, the selected 
applicant must complete, sign and return the Agency's ``Letter of Intent 
to Meet Conditions,'' or, if certain conditions cannot be met, the 
applicant may propose alternate conditions to the Agency. The Agency 
must concur with any changes proposed to the letter of conditions by the 
applicant before the application will be further processed.
    (d) Grant agreement. The Agency and the grantee must execute a grant 
agreement acceptable to the Agency prior to the advance of funds.



Sec. Sec.  1709.218-1709.300  [Reserved]

Subparts D-F [Reserved]



    Subpart G_Recovery of Financial Assistance Used for Unauthorized 
                                Purposes



Sec.  1709.601  Policy.

    This subpart prescribes the policies of the Rural Utilities Service 
(RUS) when it is subsequently determined that the recipient of an 
Assistance to High Energy Cost Rural Communities program loan or grant 
was not eligible for all or part of the financial assistance received or 
that the assistance received was used for unauthorized purposes. It is 
the policy of the Agency that when assistance under this part has been 
received by an ineligible recipient or used for unauthorized purposes 
the Agency shall initiate appropriate actions to recover from the 
recipient the sum that is determined to be ineligible or used for 
unauthorized purposes, regardless of amount, unless any applicable 
statute of limitation has expired. The Agency shall make full use of 
available authority and procedures, including but not limited to those 
available under 2 CFR part 200, as adopted by USDA through 2 CFR part 
400.

[70 FR 5351, Feb. 2, 2005, as amended at 79 FR 76002, Dec. 19, 2014]



Sec. Sec.  1709.602-1709.999  [Reserved]



PART 1710_GENERAL AND PRE-LOAN POLICIES AND PROCEDURES COMMON 
TO ELECTRIC LOANS AND GUARANTEES--Table of Contents



                            Subpart A_General

Sec.
1710.1 General statement.
1710.2 Definitions and rules of construction.
1710.3 Form and bulletin revisions.
1710.4 Exception authority.
1710.5 Availability of forms.
1710.6 Applicability of certain provisions to completed loan 
          applications.
1710.7-1710.49 [Reserved]

              Subpart B_Types of Loans and Loan Guarantees

1710.50 Insured loans.
1710.51 Direct loans.
1710.52 Loan guarantees.
1710.53 Refinancing.
1710.54-1710.99 [Reserved]

               Subpart C_Loan Purposes and Basic Policies

1710.100 General.
1710.101 Types of eligible borrowers.
1710.102 Borrower eligibility for different types of loans.
1710.103 Area coverage.
1710.104 Service to non-RE Act beneficiaries.
1710.105 State and Tribal regulatory approvals.
1710.106 Uses of loan funds.
1710.107 Amount lent for acquisitions.
1710.108 Mergers and consolidations.
1710.109 Reimbursement of general funds and interim financing.
1710.110 Supplemental financing.
1710.111 Refinancing.
1710.112 Loan feasibility.
1710.113 Loan security.
1710.114 TIER, DSC, OTIER and ODSC requirements.

[[Page 40]]

1710.115 Final maturity.
1710.116 [Reserved]
1710.117 Environmental review requirements.
1710.118 [Reserved]
1710.119 Loan processing priorities.
1710.120 Construction standards and contracting.
1710.121 Insurance requirements.
1710.122 Equal opportunity and nondiscrimination.
1710.123 Debarment and suspension.
1710.124 Uniform Relocation Act.
1710.125 Restrictions on lobbying.
1710.126 Federal debt delinquency.
1710.127 Drug free workplace.
1710.128-1710.149 [Reserved]

             Subpart D_Basic Requirements for Loan Approval

1710.150 General.
1710.151 Required findings for all loans.
1710.152 Primary support documents.
1710.153 Additional requirements and procedures.
1710.154 Board of Director Resolutions.
1710.155-1710.199 [Reserved]

                        Subpart E_Load Forecasts

1710.200 Purpose.
1710.201 General.
1710.202 Requirement to prepare a load forecast--power supply borrowers.
1710.203 Requirement to prepare a load forecast--distribution borrowers.
1710.204 [Reserved]
1710.205 Minimum requirements for all load forecasts.
1710.206 [Reserved]
1710.207 RUS criteria for load forecasts by distribution borrowers.
1710.208 RUS criteria for load forecasts by power supply borrowers and 
          by distribution borrowers.
1710.209 [Reserved]
1710.210 Waiver of requirements or approval criteria.
1710.211-1710.249 [Reserved]

          Subpart F_Construction Work Plans and Related Studies

1710.250 General.
1710.251 Construction work plans--distribution borrowers.
1710.252 Construction work plans--power supply borrowers.
1710.253 Engineering and cost studies--addition of generation capacity.
1710.254 [Reserved]
1710.255 Energy efficiency work plans--energy efficiency borrowers.
1710.256-1710.299 [Reserved]

                Subpart G_Long-Range Financial Forecasts

1710.300 General.
1710.301 Financial forecasts--distribution borrowers.
1710.302 Financial forecasts--power supply borrowers.
1710.303 Power cost studies--power supply borrowers.
1710.304-1710.349 [Reserved]

        Subpart H_Energy Efficiency and Conservation Loan Program

1710.400 Purpose.
1710.401 RUS policy.
1710.402 Scope.
1710.403 General.
1710.404 Definitions.
1710.405 Eligible energy efficiency and conservation programs.
1710.406 Eligible activities and investments.
1710.407 Business plan.
1710.408 Quality assurance plan.
1710.409 Loan provisions.
1710.410 Application documents.
1710.411 Analytical support documentation.
1710.412 Borrower accounting methods, management reporting, and audits.
1710.413 Compliance with other laws and regulations.
1710.414-1710.499 [Reserved]

   Subpart I_Application Requirements and Procedures for Insured and 
                            Guaranteed Loans

1710.500 Initial contact.
1710.501 Loan application documents.
1710.502-1710.503 [Reserved]
1710.504 Additional requirements.
1710.505 Supplemental financing documents.
1710.506 Loan approval.
1710.507 Loan documents.

    Subpart J_Terms of Loans Common to Electric Loans and Guarantees

1710.601 Advance of funds from loans.
1710.602 Fund advance period.
1710.603 Sequence of advances.
1710.604 Amortization of principal.
1710.605 Rescission of loans.

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

    Source: 57 FR 1053, Jan. 9, 1992, unless otherwise noted.



                            Subpart A_General



Sec.  1710.1  General statement.

    This part establishes general and pre-loan policies and requirements 
that apply to both insured and guaranteed

[[Page 41]]

loans to finance the construction and improvement of electric facilities 
in rural areas, including generation, transmission, and distribution 
facilities.

[87 FR 73436, Nov. 30, 2022]



Sec.  1710.2  Definitions and rules of construction.

    (a) Definitions. For the purpose of this part, the following terms 
shall have the following meanings:
    Administrator means the Administrator of RUS or his or her designee.
    Approved load forecast means a load forecast that RUS has determined 
is current for RUS purposes and has been approved by RUS pursuant to 7 
CFR part 1710, subpart E.
    APRR means Average Adjusted Plant Revenue Ratio calculated as a 
simple average of the adjusted plant revenue ratios for 1978, 1979 and 
1980 as follows:
[GRAPHIC] [TIFF OMITTED] TC16SE91.000

where:

A = Distribution (plant), which equals Part E, Line 14(e) of RUS Form 7;
B = General Plant, which equals Part E, Line 24(e) of RUS Form 7;
C = Operating Revenue and Patronage Capital, which equals Part A, Line 1 
          of RUS Form 7; and
D = Cost of Power, which equals the sum of Part A, Lines 2, 3, and 4 of 
          RUS Form 7.

    Area Coverage means the provision of adequate electric service to 
the widest practical number of rural users in the borrower's service 
area during the life of the loan.
    Borrower means any organization that has an outstanding loan made or 
guaranteed by RUS for rural electrification, or that is seeking such 
financing.
    Bulk Transmission Facilities means the transmission facilities 
connecting power supply facilities to the subtransmission facilities, 
including both the high and low voltage sides of the transformer used to 
connect to the subtransmission facilities, as well as related 
supervisory control and data acquisition systems.
    Call provision has the same meaning as ``prepayment option''.
    Consolidation means the combination of 2 or more borrower or 
nonborrower organizations, pursuant to state law, into a new successor 
organization that takes over the assets and assumes the liabilities of 
those organizations.
    Consumer means a retail customer of electricity, as reported on RUS 
Form 7, Part R, Lines 1-7.
    Cybersecurity and grid security improvements means:
    (i) Investment in the development, expansion, and modernization of 
rural utility infrastructure that addresses known and emerging 
cybersecurity and grid security risks. This definition incorporates both 
cybersecurity and grid security as one concept. The cybersecurity 
component of the definition includes measures and investments designed 
to prevent damage to, otherwise protect, or restore computers and 
computer systems, industrial control systems/operational technology, 
electronic communications systems, electronic communications services, 
wire, and all other forms electronic communication including information 
contained therein. Rural utilities often utilize cybersecurity measures 
and investments to ensure service availability, system integrity, user 
authentication, confidentiality, and nonrepudiation, related to the 
services.
    (ii) The grid security component of this definition, includes 
measures and investments made to protect a utility's infrastructure 
reliability and resiliency against both natural impacts and man-made 
physical attacks or intrusions by individuals or groups intent on 
damaging, destroying, disrupting, or removing components of utility 
infrastructure or threatening to damage utility infrastructure. Measures 
considered for RUS financing include, but are not limited to, fire 
prevention, physical barriers, remote sensing equipment, monitoring 
physical assets, security cameras, security vehicles, information and 
operational technology cybersecurity measures, control systems 
cybersecurity monitoring technologies, fire prevention devices and 
sensors and other investments which serve the purpose of protecting 
assets and maintaining the reliability of rural utility systems.

[[Page 42]]

    Demand side management (DSM) means the deliberate planning and/or 
implementation of activities to influence Consumer use of electricity 
provided by a distribution borrower to produce beneficial modifications 
to the system load profile. Beneficial modifications to the system load 
profile ordinarily improve load factor or otherwise help in utilizing 
electric system resources to best advantage consistent with acceptable 
standards of service and lowest system cost. Load profile modifications 
are characterized as peak clipping, valley filling, load shifting, 
strategic conservation, strategic load growth, and flexible load 
profile. (See, for example, publications of the Electric Power Research 
Institute (EPRI), 3412 Hillview Avenue, Palo Alto, CA 94304, especially 
``Demand-Side Management Glossary'' EPRI TR-101158, Project 1940-25, 
Final Report, October 1992.) DSM includes energy conservation programs.
    Distribution Borrower means a borrower that sells or intends to sell 
electric power and energy at retail in rural areas.
    Distribution Facilities means all electrical lines and related 
facilities beginning at the consumer's meter base, and continuing back 
to and including the distribution substation.
    Distributed generation is the generation of electricity by a 
sufficiently small electric generating system as to allow 
interconnection of the electric generating system near the point of 
service at distribution voltages including points on the customer side 
of the meter. A distributed generating system may be operated in 
parallel or independent of the electric power system. A distributed 
generating system may be fueled by any source, including but not limited 
to renewable energy sources. A distributed generation project may 
include one or more distributed generation systems.
    DSC means Debt Service Coverage of the borrower calculated as:
    [GRAPHIC] [TIFF OMITTED] TR01MR23.002
    
Where:

A = Depreciation and Amortization Expense of the borrower, which equals 
          Part A, Line 13b of the RUS Financial and Operating Report 
          Electric Distribution for distribution borrowers or Section A, 
          Line 22b of the RUS Financial and Operating Report Electric 
          Power Supply for power supply borrowers;
B = Interest expense on total long-term debt of the borrower, which 
          equals Part A, Line 16b of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers or 
          Part A, Section A, Line 24b of the RUS Financial and Operating 
          Report Electric Power Supply for power supply borrowers, 
          except that interest expense shall be increased by \1/3\ of 
          the amount, if any, by which restricted rentals of the 
          borrower (Part L, Total Column c) of the RUS Financial and 
          Operating Report Electric Distribution for distribution 
          borrowers or Part H, Section K, Total Column c of the RUS 
          Financial and Operating Report Electric Power Supply for power 
          supply borrowers) exceed 2 percent of the borrower's equity 
          (RUS Financial and Operating Report Electric Distribution for 
          distribution borrowers, Part C, Line 36 [Total Margins & 
          Equities] less Part C, Line 27 [Regulatory Assets] or RUS 
          Financial and Operating Report Electric Power Supply for power 
          supply borrowers, Part A, Section B, Line 39 [Total Margins & 
          Equities] less Part A, Section B, Line 29 [Regulatory 
          Assets]);
C = Patronage Capital or Margins of the borrower, which equals Part A, 
          Line 29b of the RUS Financial and Operating Report Electric 
          Distribution for distribution borrowers or Part A, Section A, 
          Line 38b of the RUS Financial and Operating Report Electric 
          Power Supply for power supply borrowers; and
D = Debt Service Billed (RUS + other), which equals the sum of all 
          payments of principal and interest required to be made on 
          account of total long-term debt of the borrower during the 
          calendar year from Total of Column D of Part N of the RUS 
          Financial and Operating Report Electric Distribution for 
          distribution borrowers or Total of Column D of Part H, Section 
          H of the RUS Financial and Operating Report Electric Power 
          Supply for power supply borrowers, plus \1/3\ of the amount, 
          if any, by which restricted rentals of the borrower (Part L, 
          Line 3c of the RUS Financial and Operating Report Electric 
          Distribution for distribution borrowers or Part H, Section K, 
          Line 4c of the RUS Financial and Operating Report Electric 
          Power Supply for power supply borrowers) exceed 2 percent of 
          the borrower's equity (RUS Financial and Operating Report 
          Electric Distribution for distribution borrowers, Part C, Line 
          36 [Total Margins & Equities] less Part C,

[[Page 43]]

          Line 27 [Regulatory Assets] or RUS Financial and Operating 
          Report Electric Power Supply for power supply borrowers, Part 
          A, Section B, Line 39 [Total Margins & Equities] less Part A, 
          Section B, Line 29 [Regulatory Assets]);

    DSM activities means activities of the type referred to in Sec.  
1710.354(f).
    DSM plan means a plan that describes the implementation at the 
distribution level of the DSM activities identified in the integrated 
resource plan as having positive net benefits. See Sec.  1710.357.
    Electric system means all of the borrower's interests in all 
electric production, transmission, distribution, conservation, load 
management, general plant and other related facilities, equipment or 
property and in any mine, well, pipeline, plant, structure or other 
facility for the development, production, manufacture, storage, 
fabrication or processing of fossil, nuclear, or other fuel or in any 
facility or rights with respect to the supply of water, in each case for 
use, in whole or in major part, in any of the borrower's generating 
plants, including any interest or participation of the borrower in any 
such facilities or any rights to the output or capacity thereof, 
together with all lands, easements, rights-of-way, other works, 
property, structures, contract rights and other tangible and intangible 
assets of the borrower in each case used or useful in such electric 
system.
    Eligible Energy Efficiency and Conservation Programs (Eligible EE 
Program) means an energy efficiency and conservation program that meets 
the requirements of subpart H of this part.
    Equity means total margins and equities, which equals Part C, Line 
33 of RUS Form 7 (distribution borrowers) or Section B, Line 34 of RUS 
Form 12a (power supply borrowers).
    Final maturity means the final date on which all outstanding 
principal and accrued interest on an electric loan is due and payable.
    Five percent hardship rate means an interest rate of 5 percent 
applicable to a hardship rate loan.
    Fund advance period means the period of time during which the 
Government may advance loan funds to the borrower. See 7 CFR 1714.56.
    Generation Facilities means the generating plant and related 
facilities, including the building containing the plant, all fuel 
handling facilities, and the stepup substation used to convert the 
generator voltage to transmission voltage, as well as related energy 
management (dispatching) systems.
    Hardship rate loan means a loan made at the 5 percent hardship rate 
pursuant to 7 CFR 1714.8.
    Insured Loan means a loan made pursuant to Section 305 of the RE 
Act, and may include a direct loan made under Section 4 of the RE Act.
    Integrated Resources Plan (IRP) means a plan resulting from the 
planning and selection process for new energy resources that evaluates 
the benefits and costs of the full range of alternatives, including new 
generating capacity, power purchases, DSM programs, system operating 
efficiency, and renewable energy systems.
    Interest rate cap means a maximum interest rate of 7 percent 
applicable to certain municipal rate loans as set forth in Sec.  1710.7.
    Interest rate term means a period of time selected by the borrower 
for the purpose of determining the interest rate on an advance of funds. 
See 7 CFR 1714.6.
    Load forecast means the thorough study of a borrower's electric 
loads and the factors that affect those loads in order to determine, as 
accurately as practicable, the borrower's future requirements for energy 
and capacity.
    Loan means any loan made or guaranteed by RUS.
    Loan Contract means the agreement, as amended, supplemented, or 
restated from time to time, between a borrower and RUS providing for 
loans made or guaranteed pursuant to the RE Act.
    Loan Feasibility means that the borrower has the capability of 
repaying the loan in full as scheduled, in accordance with the terms of 
the mortgage, note, and loan contract.
    Loan Guarantee means a loan guarantee made by RUS pursuant to the RE 
Act.
    Loan period means the period of time during which the facilities 
will be constructed not to exceed the time identified in the Loan note, 
as approved.

[[Page 44]]

    MDSC means Modified Debt Service Coverage of the electric system 
calculated as:
[GRAPHIC] [TIFF OMITTED] TR01MR23.003

Where:

A = Depreciation and Amortization Expense of the borrower, which equals 
          Part A, Line 13b of the RUS Financial and Operating Report 
          Electric Distribution for distribution borrowers or Part A, 
          Section A, Line 22b of the RUS Financial and Operating Report 
          Electric Power Supply for power supply borrowers;
B = Interest expense on total long-term debt of the borrower, which 
          equals Part A, Line 16b of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers or 
          Part A, Section A, Line 24b of the RUS Financial and Operating 
          Report Electric Power Supply for power supply borrowers, 
          except that interest expense shall be increased by \1/3\ of 
          the amount, if any, by which restricted rentals of the 
          borrower (Part L, Line 3c of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers or 
          Part H, Section K, Line 4c of the RUS Financial and Operating 
          Report Electric Power Supply for power supply borrowers) 
          exceed 2 percent of the borrower's equity (RUS Financial and 
          Operating Report Electric Distribution for distribution 
          borrowers, Part C, Line 36 [Total Margins & Equities] less 
          Part C, Line 27 [Regulatory Assets] or RUS Financial and 
          Operating Report Electric Power Supply for power supply 
          borrowers, Part A, Section B, Line 39 [Total Margins & 
          Equities] less Part A, Section B, Line 29 [Regulatory 
          Assets]);
C = Patronage Capital or Margins of the borrower, which equals Part A, 
          Line 29b of the RUS Financial and Operating Report Electric 
          Distribution for distribution borrowers or Part A, Section A, 
          Line 38b of the RUS Financial and Operating Report Electric 
          Power Supply for power supply borrowers; and
D = Generation and Transmission Capital Credits of the borrower, which 
          equals Part A, Line 26b of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers or 
          Part A, Section A, Line 35b of the RUS Financial and Operating 
          Report Electric Power Supply for power supply borrowers;
E = Other Capital Credits and Patronage Dividends of the borrower, which 
          equals Part A, Line 27b of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers or 
          Part A, Section A, Line 36b of the RUS Financial and Operating 
          Report Electric Power Supply for power supply borrowers; and
F = Total Long-Term Debt Service Billed (RUS + other), which equals the 
          sum of all payments of principal and interest required to be 
          made on account of total long-term debt of the electric system 
          during the calendar year from Part N, Line 12d of the RUS 
          Financial and Operating Report Electric Distribution for 
          distribution borrowers or Part H, Section H, Line 12d of the 
          RUS Financial and Operating Report Electric Power Supply for 
          power supply borrowers.
    Merger means the combining, pursuant to state law, of borrower or 
nonborrower organizations into an existing survivor organization that 
takes over the assets and assumes the liabilities of the merged 
organizations.
    Mortgage means any and all instruments creating a lien on or 
security interest in the borrower's assets in connection with loans or 
guarantees under the RE Act.
    MTIER means Modified Times Interest Earned Ratio of the electric 
system calculated as:
[GRAPHIC] [TIFF OMITTED] TR01MR23.004

Where:

A = Patronage Capital or Margins of the borrower, which equals Part A, 
          Line 29b of the RUS Financial and Operating Report Electric 
          Distribution for distribution borrowers;
B = Interest expense on total long-term debt of the borrower, which 
          equals Part A, Line 16b of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers, 
          except that interest expense shall be increased by \1/3\ of 
          the amount, if any, by which restricted rentals of the 
          borrower (Part L, Line 3c of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers) 
          exceed 2 percent of the borrower's equity (RUS Financial and 
          Operating Report Electric Distribution for distribution 
          borrowers, Part C, Line 36 [Total Margins & Equities] less 
          Part C, Line 27 [Regulatory Assets];
C = Generation and Transmission Capital Credits of the borrower, which 
          equals Part A, Line 26b of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers; and
D = Other Capital Credits and Patronage Dividends of the borrower, which 
          equals Part A, Line 27b of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers.

[[Page 45]]

    Municipal rate loan means a loan made at a municipal interest rate 
pursuant to 7 CFR 1714.5.
    ODSC means Operating Debt Service Coverage of the electric system 
calculated as:
[GRAPHIC] [TIFF OMITTED] TR01MR23.005

Where:

A = Depreciation and Amortization Expense of the borrower, which equals 
          Part A, Line 13b of the RUS Financial and Operating Report 
          Electric Distribution for distribution borrowers;
B = Interest expense on total long-term debt of the borrower, which 
          equals Part A, Line 16b of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers, 
          except that interest expense shall be increased by \1/3\ of 
          the amount, if any, by which restricted rentals of the 
          borrower (Part L, Line 3c of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers) 
          exceed 2 percent of the borrower's equity (RUS Financial and 
          Operating Report Electric Distribution for distribution 
          borrowers, Part C, Line 36 [Total Margins & Equities] less 
          Part C, Line 27 [Regulatory Assets];
C = Patronage Capital & Operating Margins of the electric system, which 
          equals Part A, Line 21b of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers, plus 
          cash received from the retirement of patronage capital by 
          suppliers of electric power and by lenders for credit extended 
          for the Electric System from Part I, Line 2c of the RUS 
          Financial and Operating Report Electric Distribution for 
          distribution borrowers; and
D = Debt Service Billed (RUS + other), which equals the sum of all 
          payments of principal and interest required to be made on 
          account of total long-term debt of the electric system during 
          the calendar year from Part N, Line 12d of the RUS Financial 
          and Operating Report Electric Distribution for distribution 
          borrowers, plus \1/3\ of the amount, if any, by which 
          restricted rentals of the Electric System (Part L, Line 3c of 
          the RUS Financial and Operating Report Electric Distribution 
          for distribution borrowers) exceed 2 percent of the borrower's 
          equity (RUS Financial and Operating Report Electric 
          Distribution for distribution borrowers, Part C, Line 36 
          [Total Margins & Equities] less Part C, Line 27 [Regulatory 
          Assets]).

    Off-grid renewable energy system is a renewable energy system not 
interconnected to an area electric power system (EPS). An off-grid 
renewable energy system in areas without access to an area EPS may 
include energy consuming devices and electric wiring to provide for more 
effective or more efficient use of the electricity produced by the 
system.
    On-grid renewable energy system is a renewable energy system 
interconnected to an area electric power system (EPS) through a normally 
open or normally closed device. It can be interconnected to the EPS on 
either side of a customer's meter.
    Ordinary Replacement means replacing one or more units of plant, 
called ``retirement units'', with similar units when made necessary by 
normal wear and tear, damage beyond repair, or obsolescence of the 
facilities.
    OTIER means Operating Times Interest Earned Ratio of the electric 
system calculated as:
[GRAPHIC] [TIFF OMITTED] TR01MR23.006

Where:

A = Interest expense on total long-term debt of the borrower, which 
          equals Part A, Line 16b of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers, 
          except that interest expense shall be increased by \1/3\ of 
          the amount, if any, by which restricted rentals of the 
          borrower (Part L, Line 3c of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers) 
          exceed 2 percent of the borrower's equity (RUS Financial and 
          Operating Report Electric Distribution for distribution 
          borrowers, Part C, Line 36 [Total Margins & Equities] less 
          Part C, Line 27 [Regulatory Assets]); and
B = Patronage Capital & Operating Margins of the electric system, which 
          equals Part A, Line 21b of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers, plus 
          cash received from the retirement of patronage capital by 
          suppliers of electric power and by lenders for credit extended 
          for the Electric System from Part I, Line 2c of the RUS 
          Financial and Operating Report Electric Distribution for 
          distribution borrowers.

    Power requirements study (PRS) has the same meaning as load 
forecast.
    Power Supply Borrower means a borrower that sells or intends to sell 
electric power at wholesale to distribution

[[Page 46]]

or power supply borrowers pursuant to RUS wholesale power contracts.
    Prepayment option means a provision included in the loan documents 
to allow the borrower to prepay all or a portion of an advance on a 
municipal rate loan on a date other than a rollover maturity date. See 7 
CFR 1714.9.
    PRR means Plant Revenue Ratio calculated as:
    [GRAPHIC] [TIFF OMITTED] TC16SE91.001
    
where:

A = Total Utility Plant, which equals Part C, Line 3 of RUS Form 7;
B = Operating Revenue and Patronage Capital, which equals Part A, Line 1 
          of RUS Form 7; and
C = Cost of Power, which equals the sum of Part A, Lines 2, 3, and 4 of 
          RUS Form 7.

    RE Act means the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901 et seq.).
    RE Act beneficiary means a person, business, or other entity that is 
located in a rural area.
    REA means the Rural Electrification Administration formerly an 
agency of the United States Department of Agriculture and predecessor 
agency to RUS with respect to administering certain electric and 
telephone loan programs.
    Renewable energy system is an energy conversion system fueled from 
any of the following energy sources: Solar, wind, hydropower, biomass, 
or geothermal. Any of these energy sources may be converted to heat or 
electricity, provided heat is a by-product of electricity generation. 
Non-renewable energy sources may be used by a renewable energy system 
for incidental and necessary means such as, but not limited to, system 
start up, flame stabilization, continuity of system processes, or 
reduction of the moisture content of renewable fuels. Energy from bio-
mass may be converted from any organic matter available on a renewable 
basis, including dedicated energy crops and trees, agricultural food and 
feed crops, agricultural crop wastes and residues, wood wastes and 
residues, aquatic plants, animal wastes, municipal wastes, and other 
waste materials.
    Retirement Unit means a substantial unit of property, which when 
retired, with or without being replaced, is accounted for by removing 
its book cost from the plant account.
    Rollover maturity date means the last day of an interest rate term.
    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;
    (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; and
    (iii) Which excludes certain populations pursuant to 7 U.S.C. 
1991(a)(13)(H) and (I).
    RUS means the Rural Utilities Service, an agency of the United 
States Department of Agriculture established pursuant to Section 232 of 
the Federal Crop Insurance Reform and Department of Agriculture 
Reorganization Act of 1994 (Pub. L. 103-354, 108 Stat. 3178), successor 
to REA with respect to administering certain electric and telephone 
programs. See 7 CFR 1700.1.
    Subtransmission Facilities means the transmission facilities that 
connect the high voltage side of the distribution substation to the low 
voltage side of the bulk transmission or generating facilities, as well 
as related supervisory control and data acquisition facilities.
    System Improvement means the change or addition to electric plant 
facilities to improve the quality of electric service or to increase the 
quantity of electric power available to RE Act beneficiaries.
    TIER means Times Interest Earned Ratio of the borrower calculated 
as:
[GRAPHIC] [TIFF OMITTED] TR01MR23.007

Where:


[[Page 47]]


A = Interest expense on total long-term debt of the borrower, which 
          equals Part A, Line 16b of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers or 
          Part A, Section A, Line 24b of the RUS Financial and Operating 
          Report Electric Power Supply for power supply borrowers, 
          except that interest expense shall be increased by \1/3\ of 
          the amount, if any, by which restricted rentals of the 
          borrower (Part L, Line 3c of the RUS Financial and Operating 
          Report Electric Distribution for distribution borrowers or 
          Part H, Section K, Line 4c of the RUS Financial and Operating 
          Report Electric Power Supply for power supply borrowers) 
          exceed 2 percent of the borrower's equity (RUS Financial and 
          Operating Report Electric Distribution for distribution 
          borrowers, Part C, Line 36 [Total Margins & Equities] less 
          Part C, Line 27 [Regulatory Assets] or RUS Financial and 
          Operating Report Electric Power Supply for power supply 
          borrowers, Part A, Section B, Line 39 [Total Margins & 
          Equities] less Part A, Section B, Line 29 [Regulatory 
          Assets]); and
B = Patronage Capital or Margins of the borrower, which equals Part A, 
          Line 29b of the RUS Financial and Operating Report Electric 
          Distribution for distribution borrowers or Part A, Section A, 
          Line 38b of the RUS Financial and Operating Report Electric 
          Power Supply for power supply borrowers.

    Total Assets means Part C, Line 26 of RUS Form 7 (distribution 
borrowers) or Section B, Line 27 of RUS Form 12a (power supply 
borrowers).
    Total Utility Plant means Part C, Line 3 of RUS Form 7 (distribution 
borrowers) or Section B, Line 27 of RUS Form 12a (power supply 
borrowers).
    Transmission Facilities means all electrical lines and related 
facilities, including certain substations, used to connect the 
distribution facilities to generation facilities. They include bulk 
transmission and subtransmission facilities.
    Urban area is defined as any area not considered a rural area per 
the definition contained in this subpart.
    Urbanized area means an urbanized area as defined by the Bureau of 
the Census in notices published periodically in the Federal Register. 
Generally an urbanized area is characterized as an area that comprises a 
place and the adjacent densely settled territory that together have a 
minimum population of 50,000 people.
    (b) Rules of Construction. Unless the context otherwise indicates, 
``includes'' and ``including'' are not limiting, and ``or'' is not 
exclusive. The terms defined in paragraph (a) of this part include the 
plural as well as the singular, and the singular as well as the plural.

[57 FR 1053, Jan. 9, 1992]

    Editorial Note: For Federal Register citations affecting Sec.  
1710.2, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.govinfo.gov.



Sec.  1710.3  Form and bulletin revisions.

    References in this part to RUS or REA forms or line numbers in RUS 
or REA forms are based on RUS or REA Form 7 and Form 12 dated December 
1992, unless otherwise indicated. These references will apply to 
corresponding information in future versions of the forms. The terms 
``RUS form'', ``RUS standard form'', ``RUS specification'', and ``RUS 
bulletin'' have the same meanings as the terms ``REA form'', ``REA 
standard form'', ``REA specification'', and ``REA bulletin'', 
respectively, unless otherwise indicated.

[59 FR 66440, Dec. 27, 1994]



Sec.  1710.4  Exception authority.

    Consistent with the RE Act and other applicable laws, the 
Administrator may waive or reduce any requirement imposed by this part 
or other RUS regulations on an electric borrower, or a lender whose loan 
is guaranteed by RUS, if the Administrator determines that imposition of 
the requirement would adversely affect the Government's financial 
interest.



Sec.  1710.5  Availability of forms.

    Information about the availability of RUS forms and publications 
cited in this part is available from Administrative Services Division, 
Rural Utilities Service, United States Department of Agriculture, 
Washington, DC 20250-1500. These RUS forms and publications may be 
reproduced.



Sec.  1710.6  Applicability of certain provisions to completed 
loan applications.

    (a) Certain new or revised policies and requirements set forth in 
this part,

[[Page 48]]

which are listed in this paragraph, shall not apply to a pending loan 
application that has been determined by RUS to be complete as of January 
9, 1992, the date of publication of such policies and requirements in 
the Federal Register. This exception does not apply to loan applications 
received after said date, nor to incomplete applications pending as of 
said date. This exception applies only to the following provisions:
    (1) Paragraph 1710.115(b)--with respect to limiting loan maturities 
to the expected useful life of the facilities financed;
    (2) Section 1710.116--with respect to the requirement to develop and 
follow an equity development plan;
    (3) Paragraph 1710.151(f)--with respect to the borrower providing 
satisfactory evidence that a state regulatory authority will allow the 
facilities to be included in the rate base or otherwise allow sufficient 
revenues to repay the loan;
    (4) Paragraphs 1710.250(b), 1710.251(a), and 1710.252(a)--with 
respect to the requirement that improvements, replacements, and 
retirements of generation plant be included in a Construction Work Plan; 
and
    (5) Paragraph 1710.300(d)(5)--with respect to the requirement that a 
borrower's financial forecast include a sensitivity analysis of a 
reasonable range of assumptions for each of the major variables in the 
forecast.
    (b) Certain provisions of this part apply only to loans made on or 
after February 10, 1992. These provisions are identified in the 
individual sections of this part.

[57 FR 1053, Jan. 9, 1992; 57 FR 4513, Feb. 5, 1992, as amended at 58 FR 
66263, Dec. 20, 1993]



Sec. Sec.  1710.7-1710.49  [Reserved]



              Subpart B_Types of Loans and Loan Guarantees



Sec.  1710.50  Insured loans.

    RUS makes insured loans under section 305 of the RE Act.
    (a) Municipal rate loans. The standard interest rate on an insured 
loan made on or after November 1, 1993, is the municipal rate, which is 
the rate determined by the Administrator to be equal to the current 
market yield on outstanding municipal obligations with remaining periods 
to maturity, up to 35 years, similar to the interest rate term selected 
by the borrower. In certain cases, an interest rate cap of 7 percent may 
apply. The interest rate term and rollover maturity date for a municipal 
rate loan will be determined pursuant to 7 CFR part 1714, and the 
borrower may elect to include in the loan documents a prepayment option 
(call provision).
    (b) Hardship rate loans. RUS makes hardship rate loans at the 5 
percent hardship rate to qualified borrowers meeting the criteria set 
forth in 7 CFR 1714.8

[58 FR 66263, Dec. 20, 1993]



Sec.  1710.51  Direct loans.

    RUS makes direct loans under section 4 of the RE Act.
    (a) General. Except as otherwise modified by this section, RUS will 
make loans under the direct Treasury rate loan program in the same 
manner that it makes loans under the municipal rate program. The general 
and pre-loan policies and procedures for municipal rate electric loans 
made by RUS may be found in this part and 7 CFR part 1714. Treasury rate 
electric loans are also governed by such municipal rate policies and 
procedures, except as follows:
    (1) Interest rates. The standard interest rate on direct Treasury 
rate loans will be established daily by the United States Treasury. The 
borrower will select interest rate terms for each advance of funds. The 
minimum interest rate term shall be one year. Interest rate terms will 
be limited to terms published by the Treasury (i.e. 1, 2, 3, 5, 7, 10, 
20, and 30). Interest rate terms to final maturity date, if other than 
published by Treasury, will be determined by RUS. Interest rates for 
terms greater than 30 years will be at the 30-year rate. There will be 
no interest rate cap on Treasury rate loans.
    (2) Prepayment. A Treasury rate direct electric loan may be repaid 
at par on its rollover maturity date if there is one. Such a loan, or 
portion thereof, may also be prepaid after it has been advanced for not 
less than two years, at any time prior to its rollover or

[[Page 49]]

final maturity date at its ``net present value'' (NPV) as determined by 
RUS.
    (3) Supplemental financing. Supplemental financing will not be 
required in connection with Treasury rate direct electric loans.
    (4) Transitional assistance. A Treasury rate direct loan is not 
available to provide transitional assistance to borrowers.
    (b) Loan documents. Successful applicants will be required to 
execute and deliver to RUS a promissory note evidencing the borrower's 
obligation to repay the loan. The note must be in form and substance 
satisfactory to RUS. RUS will require a form of note substantially in 
the form that it currently accepts for direct municipal rate electric 
loans, with such revisions as may be necessary or appropriate to reflect 
the different interest setting provisions and the terms of paragraphs 
(a) (1) and (2) of this section. All notes will be secured in accordance 
with the terms of 7 CFR part 1718.

[66 FR 66294, Dec. 26, 2001]



Sec.  1710.52  Loan guarantees.

    RUS provides financing through 100 percent loan guarantees made 
under sections 306 and 306A of the RE Act. RUS also provides 90 percent 
loan guarantees under section 311 of the RE Act to enable borrowers to 
secure financing from certain private lenders. The loan guarantees are 
made for a term of up to 35 years, and the interest rate is established 
at a rate agreed to by the borrower and the lender, with RUS 
concurrence. The guarantee applies to the repayment of both principal 
and interest.

[58 FR 66264, Dec. 20, 1993]



Sec.  1710.53  Refinancing.

    (a) General. (1) Subject to the availability of funds for such 
purpose, RUS may use loan funds to refinance prior loans made or 
guaranteed under the RE Act, as amended, (7 U.S.C. 902(a)). Such 
refinancing must be in the interest of rural consumers, taxpayers, rural 
economic development or otherwise in the public interest, as determined 
by the Administrator.
    (2) The Secretary's authority to make loans for refinancing under 
this section is in addition to any other authority granted to the 
Secretary to make or modify loans under the RE Act or any other 
statutory authority.
    (3) Nothing in this section changes the policies or standards set 
forth in 7 CFR part 1717, subpart Y, or the terms and conditions of the 
agreements entered into between RUS and FFB or the notes issued to RUS 
or FFB in connection with RUS or FFB loans.
    (4) When funds are made available under this section, RUS will issue 
a public notice in the Federal Register specifying the amount of funds 
available under this section. The notice will contain additional 
application procedures specific to the amount and type of funding 
available and new loan application periods related to the availability 
of funds. The notice may also include Administration priorities, such as 
directing benefits to disadvantaged communities and reducing greenhouse 
gas emissions. The Administrator, in setting funding priorities and 
application periods, may consider the amount of available funds, RUS 
resources, RUS priorities and policy goals, and any other factors 
related to the efficient operation of the agency.
    (b) Definitions. For the purpose of this section, the following 
terms have the following meanings. Terms not defined here are defined in 
Sec.  1710.2. When the definitions provided in this section conflict 
with any other definition applicable to RUS Electric Program regulations 
in this chapter, including Sec.  1710.2, the definition of this section 
will control only as it relates to refinancing under this section.
    Advance means advance or advances of loan funds made by RUS to the 
borrower pursuant to the terms and conditions in the loan documents.
    Agency means the Rural Utilities Service or its successor.
    Conditional commitment letter means the notification issued by the 
Administrator to an eligible entity advising it of the estimated terms, 
conditions, and amount of the new loan.
    Eligible entity means an RUS Electric Program borrower with an 
unpaid and outstanding FFB loan or RUS loan.
    FFB means the Federal Financing Bank.

[[Page 50]]

    FFB loan means a loan made by FFB and guaranteed by RUS pursuant to 
the RE Act for electric purposes.
    RUS loan means a loan made by the RUS under the RE Act for electric 
purposes.
    (c) Loan purpose. Proceeds of loans made under this section may be 
used to:
    (1) Prepay all outstanding amounts owed on an FFB or RUS loan or one 
or more advances made under such loan; and
    (2) Pay any applicable prepayment premium, fee, or expense related 
to the eligible RUS or FFB loan being refinanced.
    (d) Eligibility requirements--(1) Eligible entity. Loans under this 
section may only be made to an eligible entity for the purposes 
indicated in paragraph (c) of this section.
    (2) Eligible loans for refinancing. Only FFB loans and RUS loans as 
defined in this section are eligible for refinancing under this section.
    (e) Allocation of funds under this section. Unless prohibited by 
congressional appropriation or statute, in allocating the funds 
available to RUS under its lending authority, the Administrator may 
determine, on a programmatic or case by case basis, that other RE Act 
loan purposes take priority over refinancing. The Administrator may, but 
is not limited to, consider the following factors in making this 
determination:
    (1) The overall availability of funding compared to anticipated loan 
demand;
    (2) The best interests of rural consumers;
    (3) The protection of the Government's financial interest in 
existing loans and collateral; and
    (4) Broader policy objectives, including directing benefits to 
disadvantaged communities, reducing greenhouse gas emissions, and other 
priorities of the Secretary of Agriculture.
    (f) Application process. (1) When funds are available, the RUS will 
publish a notice identifying the amount and type of funds available for 
refinancing for the funding period in total and per applicant. The 
notice will identify the priorities established by the Agency for the 
use of the available funds. Borrowers seeking to refinance RUS loans or 
FFB loans will be required to submit, at a minimum, the following 
information:
    (i) Borrower reference number;
    (ii) Note designation;
    (iii) Rural Electric Telephone (RET) Advance loan account number;
    (iv) FFB complete identifier for an FFB loan;
    (v) Date(s) of advance;
    (vi) Interest rate;
    (vii) Principal outstanding;
    (viii) Current final maturity date;
    (ix) Short narrative explaining how the proposed refinancing would 
be in the interest of rural consumers, taxpayers, rural economic 
development or otherwise in the public interest; and
    (x) The requested final maturity date for the new loan. The 
requested final maturity date must be for a period not to exceed the 
maximum maturity date allowed by statute, regulation, or applicable 
notice. An eligible entity must submit a certification that the 
remaining useful life of its electric system is equal to or exceeds the 
new requested final maturity date and, that the requested final maturity 
date does not exceed the term of its wholesale power contract with its 
members or with its generation and transmission supplier (where 
applicable).
    (2) The Agency reserves the right to offer a loan under this section 
with a maturity date that varies from the requested date. Unless the 
Administrator makes a specific determination to the contrary, the 
Electric Program will not approve a new loan that includes a final 
maturity date that exceeds the remaining useful life of its electric 
system or any applicable wholesale power contract term.
    (3) On a case-by-case basis, as necessary, the Administrator may 
approve a new loan that includes a final maturity that exceeds the 
remaining useful life of the applicant's electric system or applicable 
wholesale power contract term provided the Administrator finds that the 
requirements contained in Sec.  1710.151 are satisfied, the new loan is 
feasible under Sec.  1710.151(b), and such action addresses critical 
environmental or consumer needs.
    (g) Loan requirements. (1) All refinancing loans made under this 
section

[[Page 51]]

must be in the interest of rural consumers, taxpayers, rural economic 
development, or otherwise in the public interest.
    (2) All refinancing loans made under this section must be feasible 
as determined by RUS based on the financial condition of the borrower 
and the borrower's ability to repay and all loans must be adequately 
secured, as determined by RUS.
    (3) Borrowers will be required to execute new legal documents, 
including a new note, loan contract, and security documents as 
necessary.
    (4) Refinancing loans made under this section will generally be 
considered categorical exclusions for the purpose of environmental 
reviews because environmental reviews have previously been completed for 
the FFB loans or RUS loans being refinanced.
    (h) New loan terms. (1) Interest on advances made on loans made 
under this section will be at the interest rate available on the date of 
the advance for the new loan used to refinance the prior outstanding 
loan and any related premium, fee, or expense.
    (2) An eligible entity must propose a maturity date for the new loan 
not to exceed the maturity prescribed by this section, a funding notice, 
or thirty-five (35) years, whichever is shortest.
    (3) An eligible entity may be given the option of applying the 
proceeds of an advance made on the new loan to cover any applicable 
prepayment premium, fee, or other expense.
    (4) If the prepayment premiums are to be financed by the new loan, 
the maximum principal amount of the note will be increased in an amount 
sufficient to cover such prepayment premiums in full.
    (5) Provided such waiver is not inconsistent with applicable law or 
the terms and conditions of the notes previously issued to RUS or FFB, 
the Administrator may, on a case-by-case basis, waive or modify the 
requirements set forth in this paragraph (h), if in the Administrator's 
judgment, it is necessary to implement the intent of the authorizing 
statute and is in the best financial interest of the Government.

[87 FR 74497, Dec. 6, 2022]



Sec. Sec.  1710.54-1710.99  [Reserved]



               Subpart C_Loan Purposes and Basic Policies



Sec.  1710.100  General.

    (a) RUS makes loans and loan guarantees to finance the construction 
of electric distribution, transmission, and generation facilities, 
including system improvements and replacements, and cybersecurity and 
grid security improvements, required to furnish and improve electric 
service in rural areas, and for demand side management, efficiency, and 
energy conservation programs, and on-grid and off-grid renewable energy 
systems. In certain limited circumstances, and at the discretion of the 
Administrator, RUS may finance selected operating expenses of its 
borrowers. Loans made or guaranteed by the Administrator will be made in 
conformance with the RE Act, as amended (7 U.S.C. 901 et seq.), and this 
chapter. The Administrator's decision to provide financing for selecting 
operating expenses may include, but is not limited to the following 
factors:
    (1) The overall availability of funding compared to anticipated loan 
demand;
    (2) The best interests of rural consumers;
    (3) The protection of the Government's financial interest in 
existing loans and collateral; and
    (4) Broader policy objectives, including directing benefits to 
disadvantaged communities, reducing greenhouse gas emissions, and other 
priorities of the Secretary of Agriculture.
    (b) RUS provides technical assistance to borrowers to aid the 
development or improvement of rural electric service and to protect RUS' 
loan security. Additional information is available at https://
rd.usda.gov/programs-services/electric-programs.
    (c) Provided funds are available for such purpose, RUS may 
refinance, as provided in Sec.  1710.53, RUS Electric Program loans made 
or guaranteed for the purpose of furnishing and improving electric 
service in rural areas, and for the purpose of assisting electric 
borrowers to implement demand side management, energy efficiency and 
conservation programs, on-grid and off-

[[Page 52]]

grid renewable energy systems, and cybersecurity and grid security 
improvements.

[87 FR 74498, Dec. 6, 2022]



Sec.  1710.101  Types of eligible borrowers.

    (a) RUS makes loans to corporations, States, Tribes, territories, 
and subdivisions and agencies thereof; municipalities; people's utility 
districts; and cooperative, nonprofit, limited-dividend, or mutual 
associations that provide or propose to provide:
    (1) The retail electric service needs of rural areas, or
    (2) The power supply needs of distribution borrowers under the terms 
of power supply arrangement satisfactory to RUS, or
    (3) Eligible purposes under the Rural Energy Savings Program, 
including energy efficiency, renewable energy, energy storage or energy 
conservation measures and related services, improvements, investments, 
financing or relending.
    (b) In making loans, RUS gives preference to States, Tribes, 
territories, and subdivisions and agencies thereof; municipalities; 
people's utility districts; and cooperative, nonprofit, or limited-
dividend associations. RUS does not make direct loans to individual 
consumers.
    (c) For the purpose of determining eligibility of a distribution 
borrower not in default on the repayment of a loan made or guaranteed 
under the RE Act for a loan, loan guarantee, or lien accommodation, a 
default by a borrower from which a distribution borrower purchases 
wholesale power shall not:
    (1) Be considered a default by the distribution borrower;
    (2) Reduce the eligibility of the distribution borrower for 
assistance under the RE Act; or
    (3) Be the cause, directly or indirectly, of imposing any 
requirement or restriction on the borrower as a condition of the 
assistance, except such requirements or restrictions as are necessary to 
implement a debt restructuring agreed on by the power supply borrower 
and RUS.
    (d) For the purpose of determining the eligibility of a distribution 
borrower, RUS will consider whether the distribution borrower is current 
on its obligations to its wholesale power supplier under the RUS 
wholesale power contract.
    (e) Nothing in paragraph (c) of this section relieves any 
distribution borrower that is a member of a power supply borrower in 
default on its obligations to RUS or operating under a debt 
restructuring agreement, of requirements set forth in RUS regulations, 
including, without limitation, Sec.  1710.112(b)(6), or of any terms and 
conditions that the Administrator may otherwise impose on any borrower 
as a condition of obtaining a loan or loan guarantee (including, in 
appropriate cases, member guarantees).
    (f) Except as provided in paragraph (g) of this section, former 
borrowers that have paid off all outstanding loans may reapply for a 
loan to serve RE Act beneficiary loads accruing from the time the former 
borrower's complete loan application is received by RUS. The 
determination of whether an area is rural will be based on the Census 
designation of the area at the time of the reapplication for a loan, if 
the area is not served by electric facilities financed by RUS. If the 
area is served by electric facilities financed by RUS, it will continue 
to be considered rural.
    (g) Former borrowers that have prepaid all, or portions of 
outstanding insured and direct loans in accordance with RUS regulations 
must comply with the provisions of 7 CFR part 1786 before being 
considered eligible to borrow additional funds from RUS.

[58 FR 66264, Dec. 20, 1993, as amended at 78 FR 73365, Dec. 5, 2013; 85 
FR 18418, Apr. 2, 2020; 87 FR 73436, Nov. 30, 2022]



Sec.  1710.102  Borrower eligibility for different types of loans.

    (a) Insured loans under section 305. Insured loans are normally 
reserved for the financing of distribution and subtransmission 
facilities of both distribution and power supply borrowers, including, 
under certain circumstances, the implementation of demand side 
management, energy efficiency and energy conservation programs, and on 
grid and off grid renewable energy systems. In accordance with Sec.  
1710.110, the

[[Page 53]]

Administrator may require the borrower to obtain no more than 30 percent 
of the total debt financing required for a proposed project by means of 
a supplemental loan from another lender without an RUS guarantee.
    (b) Direct loans under section 4. Direct loans are normally reserved 
for the financing of distribution and subtransmission facilities of both 
distribution and power supply borrowers, including, under certain 
circumstances, the implementation of demand side management, energy 
efficiency and energy conservation programs, and on grid and off grid 
renewable energy systems.
    (c) One hundred percent loan guarantees under section 306. Both 
distribution and power supply borrowers are eligible for 100 percent 
loan guarantees under section 306 of the RE Act for any or all of the 
purposes set forth in Sec.  1710.106, including, under certain 
circumstances, the implementation of demand side management, energy 
conservation programs, and on grid and off grid renewable energy 
systems. (See 7 CFR part 1712). These guarantees are normally used to 
finance bulk transmission and generation facilities, but they may also 
be used to finance distribution and subtransmission facilities. If a 
borrower applies for a section 306 loan guarantee to finance all or a 
portion of distribution and subtransmission facilities, such request 
will not affect the borrower's eligibility for an insured loan to 
finance any remaining portion of said facilities or for any future 
insured loan to finance other distribution or subtransmission 
facilities. A section 306 loan guarantee, however, may not be used to 
guarantee a supplemental loan required by Sec.  1710.110.
    (d) One hundred percent loan guarantees under section 306A. Under 
section 306A of the RE Act, both distribution and power supply borrowers 
are eligible under certain conditions to use an existing section 306 
guarantee to refinance advances made on or before July 2, 1986 from a 
loan made by the Federal Financing Bank. (See 7 CFR part 1786.)
    (e) Ninety percent guarantees of private-sector loans under section 
311. Under section 311 of the RE Act, both distribution and power supply 
borrowers in the state of Alaska are eligible under certain conditions 
to obtain from RUS a 90 percent guarantee of a private-sector loan to 
refinance their Federal Financing Bank loans. (See 7 CFR part 1786.)

[57 FR 2832, Jan. 24, 1992, as amended at 58 FR 66264, Dec. 20, 1993; 66 
FR 66294, Dec. 26, 2001; 78 FR 73365, Dec. 5, 2013]



Sec.  1710.103  Area coverage.

    (a) Borrowers shall make a diligent effort to extend electric 
service to all unserved persons within their service area who:
    (1) Desire electric service; and
    (2) Meet all reasonable requirements established by the borrower as 
a condition of service.
    (b) If economically feasible and reasonable considering the cost of 
providing such service and/or the effects on all consumers' rates, such 
service shall be provided, to the maximum extent practicable, at the 
rates and minimum charges established in the borrower's rate schedules, 
without the payment by such persons, other than seasonal or temporary 
consumers, of a contribution in aid of construction. A seasonal consumer 
is one that demands electric service only during certain seasons of the 
year. A temporary consumer is a seasonal or year-round consumer that 
demands electric service over a period of less than five years.
    (c) Borrowers may assess contributions in aid of construction 
provided such assessments are consistent with the policy set forth in 
this section.

[57 FR 1053, Jan. 9, 1992, as amended at 60 FR 67404, Dec. 29, 1995]



Sec.  1710.104  Service to non-RE Act beneficiaries.

    (a) To the greatest extent practical, loans are limited to providing 
and improving electric facilities to serve consumers that are RE Act 
beneficiaries. When it is determined by the Administrator to be 
necessary in order to furnish or improve electric service in rural 
areas, loans may, under certain circumstances, be made to finance 
electric facilities to serve consumers that are not RE Act 
beneficiaries.
    (b) Loan funds may be approved for facilities to serve non-RE Act 
beneficiaries only if:

[[Page 54]]

    (1) The primary purpose of the loan is to furnish or improve service 
for RE Act beneficiaries; and
    (2) The use of loan funds to serve non-RE Act beneficiaries is 
necessary and incidental to the primary purpose of the loan.

[57 FR 1053, Jan. 9, 1992; 57 FR 4513, Feb. 5, 1992, as amended at 58 FR 
66264, Dec. 20, 1993]



Sec.  1710.105  State and Tribal regulatory approvals.

    (a) In States or in Tribal areas where a borrower is required to 
obtain approval of a project or its financing from a State or Tribal 
regulatory authority, RUS requires that such approvals be obtained 
before the following types of loans are approved by RUS:
    (1) Loans requiring an Environmental Impact Statement;
    (2) Loans to finance generation and transmission facilities, when 
the loan request for such facilities is $25 million or more; and
    (3) Loans for the purpose of assisting borrowers to implement demand 
side management and energy conservation programs and on and off grid 
renewable energy systems.
    (b) In Tribal areas all borrowers are required to obtain approval of 
the project from the Tribal government or relevant Tribal regulatory 
body, before any loan is approved by RUS.
    (c) At minimum, in the case of all loans in States or Tribal areas 
where State regulatory approval is required of the project or its 
financing, such State or Tribal approvals will be required before loan 
funds are advanced.
    (d) In cases where State regulatory authority or Tribal government 
or relevant Tribal regulatory body approval has been obtained, but the 
borrower has failed to proceed with the project in a timely manner 
according to the schedule contained in the borrower's project design 
manual, or if there are cost overruns or other developments that 
threaten loan feasibility or security, RUS may require the borrower to 
obtain a reaffirmation of the project and its financing from the State 
or Tribal authority before any additional loan funds are advanced.

[87 FR 73436, Nov. 30, 2022]



Sec.  1710.106  Uses of loan funds.

    (a) Funds from loans made or guaranteed by RUS may be used to 
finance:
    (1) Distribution facilities. (i) The construction of new 
distribution facilities or systems, the cost of system improvements and 
removals less salvage value, the cost of ordinary replacements and 
removals less salvage value, needed to meet load growth requirements, 
improve the quality of service, or replace existing facilities.
    (ii) The purchase, rehabilitation and integration of existing 
distribution facilities and associated service territory when the 
acquisition is an incidental and necessary means of providing or 
improving service to persons in rural areas who are not receiving 
adequate central station service, and the borrower is unable to finance 
the acquisition from other sources. See Sec.  1710.107.
    (2) Transmission and generation facilities. (i) The construction of 
new transmission and generation facilities or systems, the cost of 
system improvements and removals, less salvage value, the cost of 
ordinary replacements and removals less salvage value, needed to meet 
load growth, improve the quality of service, or replace existing 
facilities.
    (ii) The purchase of an ownership interest in new or existing 
transmission or generation facilities to serve RE Act beneficiaries.
    (3) Headquarters Offices, Warehouse, and garage facilities. The 
purchase, remodeling, or construction of headquarters office, other 
headquarters facilities, warehouse, and garage facilities required for 
the operation of a borrower's system. See paragraph (b) of this section.
    (4) Interest. The payment of interest on indebtedness incurred by a 
borrower to finance the construction of generation and transmission 
facilities during the period preceding the date such facilities are 
placed into service, if requested by the borrower and found necessary by 
RUS.
    (5) Certain costs incurred in demand side management, energy 
conservation programs and on and off grid renewable energy systems.
    (6) Eligible Energy Efficiency and Conservation Programs pursuant to 
Subpart H of this part.

[[Page 55]]

    (7) Cybersecurity and grid security. Eligible cybersecurity and grid 
security improvements.
    (8) Smart grid infrastructure. The purchase, installation, 
improvements, and investments in assets needed for a robust smart grid 
infrastructure capability that enables the utility to operate 
efficiently, improve its reliability, and enhance its ability to recover 
from disasters, physical or cyber-attacks, carry out energy efficiency 
and demand side management activities, and implement renewable energy 
technologies and cybersecurity and grid security strategies.
    (i) Smart grid, grid security, or cybersecurity infrastructure 
financed under this section must relate to one or more electric utility 
or energy efficiency purpose. Loan proceeds under this section may not 
be used to solely finance retail broadband services.
    (ii) Notwithstanding paragraph (a)(8)(i) of this section, a borrower 
is permitted to use up to 10 percent of the amount provided under this 
subpart to construct, improve, or acquire broadband infrastructure 
related to the project financed, subject to the requirements of 7 CFR 
part 1980, subpart M.
    (b) In cases of financial hardship, as determined by the 
Administrator, loans may also be made to finance the following items:
    (1) General plant equipment, including furniture, office, 
transportation, data processing and other work equipment; and
    (2) Working capital required for the initial operation of a new 
system.
    (c) RUS will not make loans to finance the following:
    (1) Electric facilities, equipment, appliances, or wiring located 
inside the premises of the consumer, except for measures related to grid 
security, cybersecurity, or assets financed pursuant to an eligible EE 
Program, and qualifying items included in a loan for demand side 
management or energy resource conservation programs, or renewable energy 
systems.
    (2) Facilities to serve consumers who are not RE Act beneficiaries 
unless those facilities are necessary and incidental to providing or 
improving electric service in rural areas (See Sec.  1710.104).
    (3) Any facilities or other purposes that a State regulatory 
authority having jurisdiction will not approve for inclusion in the 
borrower's rate base or will not otherwise allow rates sufficient to 
repay with interest the debt incurred for the facilities or other 
purposes.
    (d) A distribution borrower may request a loan period of up to 4 
years. Except in the case of loans for new generating and associated 
transmission facilities, a power supply borrower may request a loan 
period of not more than 4 years for transmission and substation 
facilities and improvements or replacements of generation facilities. 
The loan period for new generating facilities and DSM activities will be 
determined on a case-by-case basis. The Administrator may approve a loan 
period shorter than the period requested by the borrower, if in the 
Administrator's sole discretion, a loan made for the longer period would 
fail to meet RUS requirements for loan feasibility and loan security set 
forth in Sec. Sec.  1710.112 and 1710.113, respectively.
    (e)(1) If, in the sole discretion of the Administrator, the amount 
authorized for lending for municipal rate loans, hardship rate loans, 
and loan guarantees in a fiscal year is substantially less than the 
total amount eligible for RUS financing, RUS may limit the size, type, 
or purpose of loans approved during the fiscal year. Depending on the 
amount of the shortfall between the amount authorized for lending and 
the loan application inventory on hand for each type of loan, RUS may 
either reduce the amount on an equal proportion basis for all applicants 
for that type of loan based on the amount of funds for which the 
applicant is eligible or may shorten the loan period for which funding 
will be approved to less than the maximum of 4 years. All applications 
for the same type of loan approved during a fiscal year will be treated 
in the same manner, except that RUS will not limit funding to any 
borrower requesting a RUS loan or loan guarantee of $1 million or less. 
Should a shortfall or urgent need related to cybersecurity, grid 
security, or statutory preference become evident

[[Page 56]]

during a fiscal year, the Administrator may announce priorities in a 
public notice for utilizing available funds for the balance of the 
fiscal year.
    (2) If RUS limits the amount of loan funds approved for borrowers, 
the Administrator shall provide public notice to all electric borrowers 
as early as possible in the fiscal year of the manner in which funding 
will be limited. The portion of the loan application that is not funded 
during that fiscal year may, at the borrower's option, be treated as a 
second loan application received by RUS at a later date. This date will 
be determined by RUS in the same manner for all affected loans and will 
be based on the availability of loan funds. The second loan application 
shall be considered complete except that the borrower must submit a 
certification from a duly authorized corporate official stating that 
funds are still needed for loan purposes specified in the original 
application and must notify RUS of any changes in its circumstances that 
materially affects the information contained in the original loan 
application or the primary support documents. See Sec.  1710.401(f).
    (f)(1) For borrowers having one or more loans approved on or after 
October 1, 1991, advances of funds will be made only for the primary 
budget purposes included in the loan as shown on RUS Form 740c as 
amended and approved by RUS, or on a construction work plan or a 
construction work plan amendment approved by RUS. Each advance will be 
charged to the oldest outstanding note(s) having unadvanced funds for 
the primary budget purpose for which the request for advances was made, 
regardless of whether such notes are associated with loans approved 
before or after October 1, 1991, unless any conditions on advances under 
any of these notes have not been met by the borrower.
    (2) For borrowers whose most recent loan was approved before October 
1, 1991, advances will be made on the oldest outstanding note having 
unadvanced funds, unless any conditions on advances under such note have 
not been met by the borrower.
    (g) A borrower is permitted to use up to 10 percent of the amount 
provided under this part to construct, improve, or acquire broadband 
infrastructure related to the project financed, subject to the 
requirements of 7 CFR part 1980, subpart M.

[57 FR 1053, Jan. 9, 1992, as amended at 58 FR 66265, Dec. 20, 1993; 60 
FR 3730, Jan. 19, 1995; 62 FR 7922, Feb. 21, 1997; 64 FR 33178, June 22, 
1999; 78 FR 73365, Dec. 5, 2013; 84 FR 32610, July 9, 2019; 85 FR 57081, 
Sept. 15, 2020; 87 FR 74498, Dec. 6, 2022; 87 FR 73436, Nov. 30, 2022]



Sec.  1710.107  Amount lent for acquisitions.

    The maximum amount that will be lent for an acquisition is limited 
to the value of the property, as determined by RUS. If the acquisition 
price exceeds this amount, the borrower shall provide the remainder 
without RUS financial assistance.



Sec.  1710.108  Mergers and consolidations.

    (a) RUS encourages its borrowers to consider merging or 
consolidating with another electric borrower when such action will 
contribute to greater operating efficiency and financial soundness.
    (b) After a merger or consolidation, RUS will give priority 
consideration per Sec.  1710.119 to the processing of loans for the 
surviving system to finance the integration and rehabilitation of 
electric facilities, if necessary, and the improvement or extension of 
electric service in rural areas. Such priority consideration will also 
be given in the case of a borrower that has merged or consolidated with 
an electric system that has not previously received RUS financial 
assistance, if such system was serving primarily rural residents at the 
time of the merger or consolidation and such rural residents will 
continue to be served by the merged or consolidated system. RUS does not 
make loans for costs incurred in effectuating mergers or consolidations, 
such as legal expenses or feasibility study costs.



Sec.  1710.109  Reimbursement of general funds and interim financing.

    (a) Borrowers may request that a loan include funds to reimburse 
general funds and/or replace interim financing used to finance equipment 
and facilities that were included in an RUS-approved construction work 
plan, energy

[[Page 57]]

efficiency and conservation program work plan, work plan amendment or 
other RUS-approved plan, and for which loan funds have not been provided 
by RUS. Such reimbursement and/or replacement of interim financing may 
include the direct costs of procurement and construction, as well as the 
related cost of engineering, architectural, environmental and other 
studies and plans needed to support the project, when such cost is 
capitalized as part of the cost of the facilities.
    (b) If procurement and/or construction of the equipment and 
facilities was completed prior to the current loan period, 
reimbursement, including replacement of interim financing, will be 
limited, except in cases of extreme financial hardship as determined by 
the Administrator, to the cost of procurement and construction completed 
during the period immediately preceding the current loan period, as 
specified in paragraph (c) of this section. As defined in Sec.  1710.2, 
the loan period begins on the date shown on page 1 of RUS Form 740c, 
Cost Estimates and Loan Budget for Electric Borrowers.
    (c) The period immediately preceding the current loan period for 
which reimbursement and replacement of interim financing is authorized 
under paragraph (b) of this section is 48 months. Policies for 
reimbursement of general funds and interim financing following certain 
mergers, consolidations, and transfers of systems substantially in their 
entirety are set forth in 7 CFR 1717.154.
    (d) If the reimbursement of general funds and/or replacement of 
interim financing is for approved expenditures for equipment and 
facilities whose procurement and/or construction is completed during the 
current loan period, the time limits of paragraph (c) of this section do 
not apply.

[57 FR 1053, Jan. 9, 1992, as amended at 58 FR 66265, Dec. 20, 1993; 61 
FR 66870, Dec. 19, 1996; 78 FR 73366, Dec. 5, 2013; 86 FR 36196, July 9, 
2021]



Sec.  1710.110  Supplemental financing.

    (a) Except in the case of financial hardship as determined by the 
Administrator, and following certain mergers, consolidations, and 
transfers of systems substantially in their entirety as set forth in 7 
CFR 1717.154, applicants for a municipal rate loan will be required to 
obtain a portion of their loan funds from a supplemental source without 
an RUS guarantee, in the amounts set forth in paragraph (c) of this 
section. RUS will normally grant a lien accommodation to the 
supplemental lender. RUS does not require supplemental financing in 
conjunction with an RUS guaranteed loan. However, if a borrower elects 
to obtain supplemental financing in conjunction with a guaranteed loan, 
the granting of RUS's loan guarantee may be conditioned on the 
borrower's obtaining supplemental financing.
    (b) The terms and conditions of supplemental financing and any 
security offered to the supplemental lender are subject to RUS approval. 
Generally, supplemental loans must have the same final maturity and be 
amortized in the same manner as RUS loans made concurrently. Borrowers 
may elect to repay the loans either in substantially equal periodic 
installments covering interest and principal, or in periodic 
installments that include interest and level amortization of principal.
    (c) Supplemental financing required for municipal rate loans--(1) 
Distribution borrowers. (i) Distribution borrowers that had, as of 
December 31, 1980, an average consumer density of 2 or fewer consumers 
per mile or an average adjusted plant revenue ratio (APRR), as defined 
in Sec.  1710.2, of over 9.0 shall obtain supplemental financing equal 
to 10 percent of their loan request.
    (ii) All other distribution borrowers must obtain supplemental 
financing according to their plant revenue ratio (PRR), as defined in 
Sec.  1710.2, based on the most recent year-end data available on the 
date of loan approval, as follows:

------------------------------------------------------------------------
                                                       Supplemental loan
                         PRR                               percentage
------------------------------------------------------------------------
9.00 and above.......................................                 10
8.01-8.99............................................                 20
8.00 and below.......................................                 30
------------------------------------------------------------------------

    (iii) If a distribution borrower enters into a merger, 
consolidation, or transfer of system substantially in its entirety, and 
the provisions of 7 CFR 1717.154(b) do not apply, required supplemental 
financing will be determined

[[Page 58]]

as follows for loans approved by RUS after December 19, 1996. If one of 
the merging parties met the criteria in paragraph (c)(1)(i) of this 
section prior to the effective date of the merger consolidation or 
transfer, the borrower will be required to obtain supplemental financing 
equal to 10 percent of any loan funds requested for facilities to serve 
consumers located in the territory formerly served by the ``paragraph 
(c)(1)(i)'' borrower. The required amount of supplemental financing for 
the rest of the loan will be determined according to the provisions of 
paragraph (c)(1)(ii) of this section.
    (2) Power supply borrowers. The supplemental loan proportion 
required of a power supply borrower is based on the simple arithmetic 
mean of the supplemental loan proportions required of the borrower's 
distribution members.
    (3) Subsequent loans. (i) If more than 5 percent of an insured loan 
made prior to November 1, 1993, or of a municipal rate loan is 
terminated or rescinded, the amount of supplemental financing required 
in the borrower's next loan after the rescission for which supplemental 
financing is required, pursuant to paragraph (a) of this section, will 
be adjusted to average the actual supplemental financing portion on the 
terminated or rescinded loan with the supplemental financing portion 
that would have been required on the new loan according to paragraphs 
(c)(1) and (2) of this section, in accordance with the formulas set 
forth in paragraphs (c)(3)(ii) and (iii) of this section.
    (ii) If a borrower's supplemental financing requirement as set forth 
in paragraphs (a), (c)(1), and (c)(2) of this section has not changed 
between the most recent loan and the loan being considered, then the 
amount of supplemental financing required for the new loan will be 
computed as follows:

Supplemental financing amount, new loan = [(A + B) x C] - D

where:

A = The total funds ($) actually advanced from the first loan, including 
          both RUS loan funds and funds from the supplemental loan, plus 
          any unadvanced funds still available to the borrower after the 
          rescission.
B = The total amount ($) for facilities of the new loan request, 
          including both RUS loan funds and funds from supplemental 
          loans.
C = The proportion (%) of supplemental financing required on the loans 
          according to paragraphs (a), (c)(1) and (c)(2) of this 
          section.
D = The amount ($) of supplemental funds actually advanced on the first 
          loan, plus any unadvanced supplemental funds still available 
          to the borrower after the rescission.

    (iii) If a borrower's supplemental financing requirement as set 
forth in paragraphs (a), (c)(1), and (c)(2) of this section has changed 
between the most recent loan and the loan being considered, then the 
amount of supplemental financing required for the new loan will be the 
weighted average of the portions otherwise applicable on the two loans 
and will be computed as follows:

Supplemental financing amount, new loan = (A x C1) + (B x 
C2)-D

where:

A = The total funds ($) actually advanced from the first loan, including 
          both RUS loan funds and funds from the supplemental loan, plus 
          any unadvanced funds still available to the borrower after the 
          rescission.
B = The total amount ($) for facilities of the new loan request, 
          including both RUS funds and funds from supplemental loans.
C1 = The proportion (%) of supplemental financing required on 
          the old loan according to paragraphs (a), (c)(1) and (c)(2) of 
          this section.
C2 = The proportion (%) of supplemental financing required on 
          the new loan according to paragraphs (a), (c)(1) and (c)(2) of 
          this section.
D = The amount ($) of supplemental funds actually advanced on the first 
          loan, plus any unadvanced supplemental funds still available 
          to the borrower after the rescission.

    (d) Supplemental financing will not be required in connection with 
hardship rate loans. Borrowers that qualify for hardship rate loans but 
elect to take municipal rate loans instead, will be required to obtain 
supplemental financing pursuant to this section, unless at the time of 
loan approval, there are no funds remaining available for hardship 
loans, in which case supplemental financing will not be required.

[57 FR 1053, Jan. 9, 1992, as amended at 58 FR 66265, Dec. 20, 1993; 60 
FR 3730, Jan. 19, 1995; 61 FR 66870, Dec. 19, 1996]

[[Page 59]]



Sec.  1710.111  Refinancing.

    (a) RUS makes loans or loan guarantees to refinance the outstanding 
indebtedness of borrowers in the following cases:
    (1) Loans or loan guarantees to refinance long-term debt owed by 
borrowers to the Tennessee Valley Authority for credit extended under 
the terms of the Tennessee Valley Authority Act of 1933, as amended.
    (2) Loan guarantees made in accordance with the provisions of 
section 306A of the RE Act to prepay a loan (or any loan advance 
thereunder) made by the Federal Financing Bank.
    (b) In certain circumstances, RUS may make a loan to replace interim 
financing obtained for the construction of facilities (See Sec.  
1710.109).



Sec.  1710.112  Loan feasibility.

    (a) RUS will make a loan only if there is reasonable assurance that 
the loan, together with all outstanding loans and other obligations of 
the borrower, will be repaid in full as scheduled, in accordance with 
the mortgage, notes, and loan contracts. The borrower must provide 
evidence satisfactory to the Administrator that the loan will be repaid 
in full as scheduled, and that all other obligations of the borrower 
will be met.
    (b) Based on evidence submitted by the borrower and other 
information, RUS will use the following criteria to evaluate loan 
feasibility:
    (1) Projections of power requirements, rates, revenues, expenses, 
margins, and other factors for the present system and proposed additions 
are based on reasonable assumptions and adequate supporting data and 
analysis, including analysis of a range of assumptions for the 
significant variables, when required by Sec.  1710.300(d)(5).
    (2) Projected revenues from the rates proposed by the borrower are 
adequate to meet the required TIER and DSC ratios based on the 
borrower's total costs, including the projected maximum debt service 
cost of the new loan.
    (3) The economics of the borrower's operations and service area are 
such that consumers can reasonably be expected to pay the proposed rates 
required to cover all expenses and meet RUS TIER and DSC requirements, 
and the borrower can reasonably compete with other utilities and other 
energy sources to prevent substantial load loss while providing 
satisfactory service to its consumers.
    (4) Risks of possible loss of substantial loads from large consumers 
or from load concentrations in particular industries will not 
substantially impair loan feasibility.
    (5) Risks of loss of portions of the borrower's service territory 
from annexation or other causes will not substantially impair loan 
feasibility. If there appears to be a substantial risk, RUS may require 
additional information from the borrower, such as a summary and analysis 
of the risk by the borrower; state, county or local planning reports 
having information on projected growth or expansion plans of local 
communities; annexation plans of the municipalities in question; and any 
other relevant information.
    (6) In states where rates or investment decisions are subject to 
approval by state regulatory authorities, there is reasonable 
expectation that such approvals will be forthcoming to enable repayment 
of the loan in full according to its terms.
    (7) The experience and performance of the system's management is 
acceptable.
    (8) In the case of joint ventures, the borrower has sufficient 
management control or other contractual safeguards with respect to the 
construction and operation of the jointly owned facility to ensure that 
the borrower's interests are protected and the credit risk is minimized.
    (9) The borrower has implemented adequate financial and management 
controls and there are and have been no significant financial or other 
irregularities.
    (10) The borrower's projected capitalization, measured by its equity 
as a percentage of total assets, is adequate to enable the borrower to 
meet its financial needs and to provide service consistent with the RE 
Act. Among the factors to be considered in reviewing the borrower's 
projected capitalization are the economic strength of the borrower's 
service territory, the inherent cost of providing service to the 
territory, the disparity in rates between the

[[Page 60]]

borrower and neighboring utilities, the intensity of competition faced 
by the borrower from neighboring utilities and other power sources, and 
the relative amount of new capital investment required to serve existing 
or new loads.

[57 FR 1053, Jan. 9, 1992; 57 FR 4513, Feb. 5, 1992, as amended at 60 FR 
3731, Jan. 19, 1995; 63 FR 51793, Sept. 29, 1998; 84 FR 32610, July 9, 
2019]



Sec.  1710.113  Loan security.

    (a) RUS makes loans only if, in the judgment of the Administrator, 
the security therefor is reasonably adequate and the loan will be repaid 
according to its terms within the time agreed.
    (b) RUS generally requires that borrowers provide it with a first 
lien on all of the borrower's real and personal property, including 
intangible personal property and any property acquired after the date of 
the loan. This lien shall be in the form of a mortgage by the borrower 
to the Government or a deed of trust between the borrower and a trustee 
satisfactory to the Administrator, together with such security documents 
as RUS may deem necessary in a particular case.
    (c)(1) When a borrower is unable by reason of preexisting 
encumbrances, or otherwise, to furnish a first mortgage lien on its 
entire system the Administrator may accept other forms of security, such 
as a pledge of revenues, if he or she determines such security is 
reasonably adequate and the form and nature thereof is otherwise 
acceptable.
    (2) The Administrator, at his or her discretion, may approve the use 
of an indenture patterned after those indentures commonly used by 
utilities engaged in private market financing, in lieu of a mortgage as 
the security instrument for loans to power supply borrowers. The use of 
an indenture will be by mutual agreement of the borrower and the 
Administrator. The terms of each indenture and related loan agreement 
will be negotiated on a case by case basis to best meet the needs of the 
individual borrower and the Government. The provisions of the indenture 
and loan contract shall control, notwithstanding any provisions of 7 CFR 
Chapter XVII which may be in conflict therewith.
    (d) In the case of loans that include the financing of electric 
facilities that are operated as an integral component of a non-RUS 
financed system (such as generation and transmission facilities co-owned 
with other electric utilities), the borrower shall, in addition to the 
mortgage lien on all of the borrower's electric facilities, furnish 
adequate assurance, in the form of contractual or other security 
arrangements, that the system will be operated on an efficient and 
continuous basis. Satisfactory evidence must also be provided that the 
non-RUS financed system is financially sound and under capable 
management. Examples of such evidence include financial reports, annual 
reports, Security and Exchange Commission 10K reports if the system is 
required to file them, credit reports from Standard and Poor's, Moodys 
or other recognized sources, reports to state regulatory authorities and 
the Federal Energy Regulatory Commission, and evidence of a successful 
track record in related construction projects.
    (e) Additional controls on the borrower's financial, investment and 
managerial activities appear in the loan contract and mortgage required 
by RUS.

[57 FR 1053, Jan. 9, 1992, as amended at 62 FR 7665, Feb. 20, 1997]



Sec.  1710.114  TIER, DSC, OTIER and ODSC requirements.

    (a) General. Requirements for coverage ratios are set forth in the 
borrower's mortgage, loan contract, or other contractual agreements with 
RUS. Nothing in this section, however, shall limit the Administrator's 
ability to contractually agree to a different ratio provided in this 
section when doing so would advance or protect the interests of the 
government.
    (b) Coverage ratios. (1) The minimum coverage ratios required of 
distribution borrowers whether applied on an annual or average basis of 
the 2 best years out of the 3 most recent calendar years, are a TIER of 
1.25, DSC of 1.25. Further, the minimum coverage ratios required of 
distribution borrowers whether applied on an annual or average basis of 
the 2 best years out of the 3 most recent calendar years are an

[[Page 61]]

OTIER and ODSC of 1.1 or an MTIER and MDSC of 1.1.
    (2) The minimum coverage ratios required of power supply borrowers, 
whether applied on an annual or average basis, are a TIER of 1.05 and 
DSC of 1.00.
    (3) When new loan contracts are executed, the Administrator may, 
case by case, increase the coverage ratios of distribution and power 
supply borrowers above the levels cited in paragraphs (b)(1) and (b)(2), 
respectively, of this section if the Administrator determines that the 
higher ratios are required to ensure reasonable security for and/or the 
repayment of loans made or guaranteed by RUS. Also, the Administrator 
may, case by case, reduce said coverage ratios if the Administrator 
determines that the lower ratios are required to ensure reasonable 
security for and/or the repayment of loans made or guaranteed by RUS. 
Policies for coverage ratios following certain mergers, consolidations, 
and transfers of systems substantially in their entirety are in 7 CFR 
1717.155.
    (4) If a distribution borrower has in service or under construction 
a substantial amount of generation and associated transmission plant 
financed at a cost of capital substantially higher than the cost of 
funds under section 305 of the RE Act, then the Administrator may 
establish, in his or her sole discretion, blended levels for TIER, DSC, 
OTIER, and ODSC based on the respective shares of total utility plant 
represented by said generation and associated transmission plant and by 
distribution and other transmission plant.
    (c) Requirements for loan feasibility. To be eligible for a loan, 
borrowers must demonstrate to RUS that they will, on a pro forma basis, 
earn the coverage ratios required by paragraph (b) of this section in 
each of the years included in the borrower's long-range financial 
forecast prepared in support of its loan application, as set forth in 
subpart G of this part.
    (d) Requirements for maintenance of coverage ratios--(1) Prospective 
requirement. Borrowers must design and implement rates for utility 
service to provide sufficient revenue (along with other revenue 
available to the borrower in the case of TIER and DSC) to pay all fixed 
and variable expenses, to provide and maintain reasonable working 
capital and to maintain on an annual basis the coverage ratios required 
by paragraph (b) of this section. Rates must be designed and implemented 
to produce at least enough revenue to meet the requirements of this 
paragraph under the assumption that average weather conditions in the 
borrower's service territory will prevail in the future, including 
average system damage and outages due to weather and the related costs. 
Failure to design and implement rates pursuant to the requirements of 
this paragraph shall be an event of default upon notice provided in 
accordance with the terms of the borrower's mortgage or loan contract.
    (2) Retrospective requirement. The average coverage ratios achieved 
by a borrower in the 2 best years out of the 3 most recent calendar 
years must meet the levels required by paragraph (b) of this section. If 
a borrower fails to achieve these average levels, it must promptly 
notify RUS in writing. Within 30 days of such notification or of the 
borrower being notified in writing by RUS, whichever is earlier, the 
borrower, in consultation with RUS, must provide a written plan 
satisfactory to RUS setting forth the actions that will be taken to 
achieve the required coverage ratios on a timely basis. Failure to 
develop and implement a plan satisfactory to RUS shall be an event of 
default upon notice provided in accordance with the terms of the 
borrower's mortgage or loan contract.
    (3) Fixed and variable expenses, as used in this section, include 
but are not limited to: all taxes, depreciation, maintenance expenses, 
and the cost of electric power and energy and other operating expenses 
of the electric system, including all obligations under the wholesale 
power contract, all lease payments when due, and all principal and 
interest payments on outstanding indebtedness when due.
    (e) Requirements for advance of funds. (1) If a borrower applying 
for a loan has failed to achieve the coverage ratios required by 
paragraph (b) of this section during the latest 12 month period 
immediately preceding approval of the

[[Page 62]]

loan, or if any of the borrower's average coverage ratios for the 2 best 
years out of the most recent 3 calendar years were below the levels 
required in paragraph (b) of this section, RUS may withhold the advance 
of loan funds until the borrower has adopted an annual financial plan 
and operating budget satisfactory to RUS and taken such other action as 
RUS may require to demonstrate that the required coverage ratios will be 
maintained in the future and that the loan will be repaid with interest 
within the time agreed. Such other action may include, for example, 
increasing system operating efficiency and reducing costs or adopting a 
rate design that will achieve the required coverage ratios, and either 
placing such rates into effect or taking action to obtain regulatory 
authority approval of such rates. If failure to achieve the coverage 
ratios is due to unusual events beyond the control of the borrower, such 
as unusual weather, system outage due to a storm or regulatory delay in 
approving rate increases, then the Administrator may waive the 
requirement that the borrower take the remedial actions set forth in 
this paragraph, provided that such waiver will not threaten loan 
feasibility.
    (2) With respect to any outstanding loan approved by RUS if, based 
on actual or projected financial performance of the borrower, RUS 
determines that the borrower may not achieve its required coverage 
ratios in the current or future years, RUS may withhold the advance of 
loan funds until the borrower has taken remedial action satisfactory to 
RUS.

[60 FR 67404, Dec. 29, 1995, as amended at 61 FR 66871, Dec. 19, 1996; 
65 FR 51748, Aug. 25, 2000; 88 FR 12810, Mar. 1, 2023]



Sec.  1710.115  Final maturity.

    (a) RUS is authorized to make loans and loan guarantees with a final 
maturity of up to 35 years. The borrower may elect a repayment period 
for a loan not longer than the expected useful life of the facilities, 
not to exceed 35 years. Most of the electric facilities financed by RUS 
have a long useful life, often approximating 35 years. Some facilities, 
such as load management equipment and Supervisory Control and Data 
Acquisition equipment, have a much shorter useful life due, in part, to 
obsolescence. Operating loans to finance working capital required for 
the initial operation of a new system are a separate class of loans and 
usually have a final maturity of less than 10 years.
    (b) Loans made or guaranteed by RUS for facilities owned by the 
borrower generally must be repaid with interest within a period, up to 
35 years, that approximates the expected useful life of the facilities 
financed. The expected useful life shall be based on the weighted 
average of the useful lives that the borrower proposes for the 
facilities financed by the loan, provided that the proposed useful lives 
are deemed appropriate by RUS. RUS Form 740c, Cost Estimates and Loan 
Budget for Electric Borrowers, submitted as part of the loan application 
must include, as a note, either a statement certifying that at least 90 
percent of the loan funds are for facilities that have a useful life of 
33 years or longer, or a schedule showing the costs and useful life of 
those facilities with a useful life of less than 33 years. If the useful 
life determination proposed by the borrower is not deemed appropriate by 
RUS, RUS will base expected useful life on an independent evaluation, 
the manufacturer's estimated useful-life or RUS experience with like-
property, as applicable. Final maturities for loans for the 
implementation of programs for demand side management and energy 
resource conservation and on and off grid renewable energy sources not 
owned by the borrower will be determined by RUS. Due to the uncertainty 
of predictions over an extended period of time, RUS may add up to 2 
years to the composite average useful life of the facilities in order to 
determine final maturity.
    (c) The term for loans made to finance Eligible EE Programs will be 
determined in accordance with Sec.  1710.408 of this part.
    (d) The Administrator may approve a repayment period longer than the 
expected useful life of the facilities financed, up to 35 years, if a 
longer final maturity is required to ensure repayment of the loan and 
loan security is adequate.

[[Page 63]]

    (e) The final maturity of a loan established pursuant to the 
provisions of this section shall not be extended as a result of 
extending loan payments under section 12(a) of the RE Act.

[58 FR 66265, Dec. 20, 1993, as amended at 60 FR 3731, Jan. 19, 1995; 68 
FR 54236, May 7, 2003; 78 FR 73366, Dec. 5, 2013]



Sec.  1710.116  [Reserved]



Sec.  1710.117  Environmental review requirements.

    Borrowers are required to comply with the environmental review 
requirements in accordance with 7 CFR part 1970, and other applicable 
environmental laws, regulations and Executive orders.

[81 FR 11026, Mar. 2, 2016]



Sec.  1710.118  [Reserved]



Sec.  1710.119  Loan processing priorities.

    (a) Generally loans are processed in chronological order based on 
the date the complete application is received in the Regional office.
    (b) The Administrator may give priority to processing loans that are 
required to meet the following needs:
    (1) To restore electric service following a major storm or other 
catastrophe;
    (2) To bring existing electric facilities into compliance with any 
environmental requirements imposed by Federal or state law that were not 
in effect at the time the facilities were originally constructed;
    (3) To finance the capital needs of borrowers that are the result of 
a merger, consolidation, or a transfer of a system substantially in its 
entirety, provided that the merger, consolidation, or transfer has 
either been approved by RUS or does not need RUS approval pursuant to 
the borrower's loan documents (See 7 CFR 1717.154); or
    (4) To correct serious safety problems, other than those resulting 
from borrower mismanagement or negligence.
    (c) The Administrator may also change the normal order of processing 
loan applications when it is necessary to ensure that all loan authority 
for the fiscal year is utilized.

[57 FR 1053, Jan. 9, 1992, as amended at 61 FR 66871, Dec. 19, 1996]



Sec.  1710.120  Construction standards and contracting.

    Borrowers shall follow all RUS requirements regarding construction 
work plans, energy efficiency and conservation program work plans, 
construction standards, approved materials, construction and related 
contracts, inspection procedures, and bidding procedures.

[57 FR 1053, Jan. 9, 1992, as amended at 78 FR 73366, Dec. 5, 2013]



Sec.  1710.121  Insurance requirements.

    Borrowers are required to comply with certain requirements with 
respect to insurance and fidelity coverage as set forth in 7 CFR part 
1788.



Sec.  1710.122  Equal opportunity and nondiscrimination.

    Borrowers are required to comply with certain regulations on 
nondiscrimination in program services and benefits and on equal 
employment opportunity as set forth in RUS Bulletins 20-15 and 20-19 or 
their successors; 7 CFR parts 15 and 15b; and 45 CFR part 90.



Sec.  1710.123  Debarment and suspension.

    Borrowers are required to comply with certain requirements on 
debarment and suspension as set forth in 2 CFR part 180, as adopted by 
USDA through 2 CFR part 417.

[79 FR 76002, Dec. 19, 2014]



Sec.  1710.124  Uniform Relocation Act.

    Borrowers are required to comply with applicable provisions of 49 
CFR part 24, which sets forth the requirements of the Uniform Relocation 
Assistance and Real Property Acquisition Policy Act of 1970 (Pub. L. 91-
646; 84 Stat. 1894), as amended by the Uniform Relocation Act Amendments 
of 1987 (Pub. L. 100-17; 101 Stat. 246-256) and the Intermodal Surface 
Transportation Efficiency Act of 1991.

[[Page 64]]



Sec.  1710.125  Restrictions on lobbying.

    Borrowers are required to comply with certain requirements with 
respect to restrictions on lobbying activities. See 2 CFR part 418.

[79 FR 76002, Dec. 19, 2014]



Sec.  1710.126  Federal debt delinquency.

    (a) Prior to approval of a loan or advance of funds, a borrower must 
report to RUS whether or not it is delinquent on any Federal debt, such 
as Federal income tax obligations or a loan or loan guarantee from 
another Federal agency. If delinquent, the reasons for the delinquency 
must be explained, and RUS will take such explanation into consideration 
in deciding whether to approve the loan or advance of funds.
    (b) Applicants for a loan or loan guarantee must also certify that 
they have been informed of the collection options the Federal government 
may use to collect delinquent debt.



Sec.  1710.127  Drug free workplace.

    Borrowers are required to comply with the Drug Free Workplace Act of 
1988 (41 U.S.C. 8101 et. seq.) and the Act's implementing regulations (2 
CFR part 421) when a borrower receives a Federal grant or enters into a 
procurement contract awarded pursuant to the provisions of the Federal 
Acquisition Regulation (title 48 CFR) to sell to a Federal agency 
property or services having a value of $25,000 or more.

[79 FR 76002, Dec. 19, 2014]



Sec. Sec.  1710.128-1710.149  [Reserved]



             Subpart D_Basic Requirements for Loan Approval



Sec.  1710.150  General.

    The RE Act and prudent lending practice require that the 
Administrator make certain findings before approving an electric loan or 
loan guarantee. The borrower shall provide the evidence determined by 
the Administrator to be necessary to make these findings.



Sec.  1710.151  Required findings for all loans.

    (a) Area coverage. Adequate electric service will be made available 
to the widest practical number of rural users in the borrower's service 
area during the life of the loan. See Sec.  1710.103.
    (b) Feasibility. The loan is feasible and it will be repaid on time 
according to the terms of the mortgage, note, and loan contract. At any 
time after the original determination of feasibility, the Administrator 
may require the borrower to demonstrate that the loan remains feasible 
if there have been, or are anticipated to be, material changes in the 
borrower's costs, loads, rates, rate disparity, revenues, or other 
relevant factors from the time that feasibility was originally 
determined. See Sec.  1710.112 and subpart G of this part.
    (c) Security. RUS will have a first lien on the borrower's total 
system or other adequate security, and adequate financial and managerial 
controls will be included in loan documents. See Sec.  1710.113.
    (d) Interim financing. For loans that include funds to replace 
interim financing, there is satisfactory evidence that the interim 
financing was used for purposes approved by RUS and that the loan meets 
all applicable requirements of this part.
    (e) Facilities for nonrural areas. Whenever a borrower proposes to 
use loan funds for the improvement, expansion, construction, or 
acquisition of electric facilities for non-RE Act beneficiaries, there 
is satisfactory evidence that such funds are necessary and incidental to 
furnishing or improving electric service for RE Act beneficiaries. See 
Sec.  1710.104.
    (f) Facilities to be included in rate base. In states having 
jurisdiction, the borrower has provided satisfactory evidence based on 
the information available, such as an opinion of counsel, that the state 
regulatory authority will not exclude from the borrower's rate base any 
of the facilities included in the loan request, or otherwise prevent the 
borrower from charging rates sufficient to repay with interest the debt 
incurred for the facilities. Such evidence may be based on, but not 
necessarily limited to, the provisions of applicable state laws; the 
rules and

[[Page 65]]

policies of the state authority; precedents in other similar cases; 
statements made by the state authority; any assurances given to the 
borrower by the state authority; and other relevant information and 
experience.



Sec.  1710.152  Primary support documents.

    The following primary support documents and studies must be prepared 
by the borrower for approval by RUS in order to support a loan 
application:
    (a) Load forecast. The load forecast provides the borrower and RUS 
with an understanding of the borrower's future system loads, the factors 
influencing those loads, and estimates of future loads. The load 
forecast provides a basis for projecting annual electricity (kWh) sales 
and revenues, and for engineering estimates of plant additions required 
to provide reliable service to meet the forecasted loads. Subpart E of 
this part contains the information to be included in a load forecast and 
when an approved load forecast is required.
    (b) Construction work plan (CWP). The CWP shall specify and document 
the capital investments required to serve a borrower's planned new 
loads, improve service reliability and quality, and service the changing 
needs of existing loads. The requirements for a CWP are set forth in 
subpart F of this part.
    (c) Long-range financial forecasts. RUS encourages borrowers to 
maintain on a current basis a long-range financial forecast, which 
should be used by a borrower's board of directors and manager to guide 
the system toward its financial goals. The forecast submitted in support 
of a loan application shall show the projected results of future actions 
planned by the board of directors. The requirements for a long-range 
financial forecast are set forth in subpart G of this part.
    (d) Environmental review requirements. A borrower must comply with 
the environmental review requirements in accordance with 7 CFR part 
1970.
    (e) EE Program work plan (EEWP). In the case of a loan application 
to finance an Eligible Energy Efficient Program, an EE Program work plan 
shall be prepared in lieu of a traditional CWP required pursuant to 
paragraph (b) of this section. The requirements for an EEWP are set 
forth in Sec.  1710.255 and in subpart H of this part.

[57 FR 1053, Jan. 9, 1992, as amended at 65 FR 14786, Mar. 20, 2000; 78 
FR 73366, Dec. 5, 2013; 81 FR 11026, Mar. 2, 2016]



Sec.  1710.153  Additional requirements and procedures.

    Additional requirements and procedures for obtaining RUS financial 
assistance are set forth in 7 CFR part 1712 for loan guarantees, and in 
7 CFR part 1714 for insured loans.



Sec.  1710.154  Board of Director Resolutions.

    Specific actions that require a Board of Director Resolution from a 
borrower:
    (a) Board approval of loan documents;
    (b) Major change in the terms of a loan, i.e. maturity;
    (c) Initial access to RD Apply (or successor RUS online application 
systems);
    (d) Requests for approval by a Board, acting as the regulatory 
authority, for any departure from the RUS Uniform System of Accounts 
with the exception of those deferrals specifically identified in Sec.  
1767.13(d); and
    (e) eAuthentication requirements.

[84 FR 32610, July 9, 2019]



Sec. Sec.  1710.155-1710.199  [Reserved]



                        Subpart E_Load Forecasts

    Source: 65 FR 14786, Mar. 20, 2000, unless otherwise noted.



Sec.  1710.200  Purpose.

    This subpart contains RUS policies for the preparation, review, 
approval and use of load forecasts. A load forecast is a thorough study 
of a borrower's electric loads and the factors that affect those loads 
in order to estimate, as accurately as practicable, the borrower's 
future requirements for energy and capacity. The load forecast of a 
power supply borrower includes and integrates the load forecasts of its 
member systems. An approved load forecast, if required by this subpart, 
is one of

[[Page 66]]

the primary documents that a borrower is required to submit to support a 
loan application.

[65 FR 14786, Mar. 20, 2000, as amended at 87 FR 73437, Nov. 30, 2022]



Sec.  1710.201  General.

    (a) The policies, procedures and requirements in this subpart are 
intended to implement provisions of the loan documents between RUS and 
the electric borrowers and are also necessary to support approval by RUS 
of requests for financial assistance.
    (b) Notwithstanding any other provisions of this subpart, RUS may 
require any power supply or distribution borrower to prepare a new or 
updated load forecast for RUS approval or to maintain an approved load 
forecast on an ongoing basis, if such documentation is necessary for RUS 
to determine loan feasibility, or to ensure compliance under the loan 
documents.



Sec.  1710.202  Requirement to prepare a load forecast--power supply borrowers.

    (a) A power supply borrower with a total utility plant of $500 
million or more must maintain and provide a current (prepared within the 
last 2 years) load forecast in support of any request for RUS financial 
assistance.
    (b) A power supply borrower that is a member of another power supply 
borrower that has a total utility plant of $500 million or more must 
provide an approved load forecast in support of any request for RUS 
financial assistance. The member power supply borrower may comply with 
this requirement by participation in and inclusion of its load 
forecasting information in the load forecast of its power supply 
borrower.
    (c) A power supply borrower that has total utility plant of less 
than $500 million and that is not a member of another power supply 
borrower with a total utility plant of $500 million or more must provide 
a load forecast that meets the requirements of this subpart in support 
of an application for any RUS loan or loan guarantee which exceeds $50 
million.

[84 FR 32610, July 9, 2019, as amended at 87 FR 73437, Nov. 30, 2022]



Sec.  1710.203  Requirement to prepare a load forecast--distribution borrowers.

    (a) A distribution borrower that is a member of a power supply 
borrower, with a total utility plant of $500 million or more must 
provide a current (prepared within the last 2 years) load forecast in 
support of any request for RUS financial assistance. The distribution 
borrower may comply with this requirement by participation in and 
inclusion of its load forecasting information in the approved load 
forecast of its power supply borrower.
    (b) A distribution borrower that is a member of a power supply 
borrower which is itself a member of another power supply borrower that 
has a total utility plant of $500 million or more must provide a current 
(prepared within the last 2 years) load forecast in support of any 
request for RUS financial assistance. The distribution borrower may 
comply with this requirement by participation in and inclusion of its 
load forecasting information in the load forecast of its power supply 
borrower.
    (c) A distribution borrower that is a member of a power supply 
borrower with a total utility plant of less than $500 million must 
provide a current (prepared within the last 2 years) load forecast that 
meets the requirements of this subpart in support of an application for 
any RUS loan or loan guarantee that exceeds $3 million or 5 percent of 
total utility plant, whichever is greater. The distribution borrower may 
comply with this requirement by participation in and inclusion of its 
load forecasting information in the load forecast of its power supply 
borrower.
    (d) A distribution borrower with a total utility plant of less than 
$500 million and that is unaffiliated with a power supply borrower must 
provide a current (prepared within the last 2 years) load forecast that 
meets the requirements of this subpart in support of an application for 
any RUS loan or loan guarantee which exceeds $3 million or 5 percent of 
total utility plant, whichever is greater.
    (e) A distribution borrower with a total utility plant of $500 
million or more must provide a current (prepared within the last 2 
years) load forecast in

[[Page 67]]

support of any request for RUS financing assistance. The distribution 
borrower may comply with this requirement by participation in and 
inclusion of its load forecasting information in the load forecast of 
its power supply borrower.

[87 FR 73437, Nov. 30, 2022]



Sec.  1710.204  [Reserved]



Sec.  1710.205  Minimum requirements for all load forecasts.

    (a) Contents of load forecast. All load forecasts submitted by 
borrowers for approval must include:
    (1) Scope of the load forecast. The narrative shall address the 
overall approach, time periods, and expected internal and external uses 
of the forecast. Examples of internal uses include providing information 
for developing or monitoring demand side management programs, supply 
resource planning, load flow studies, wholesale power marketing, retail 
marketing, cost of service studies, rate policy and development, 
financial planning, and evaluating the potential effects on electric 
revenues caused by competition from alternative energy sources or other 
electric suppliers. Examples of external uses include meeting State and 
Federal regulatory requirements, obtaining financial ratings, and 
participation in reliability council, power pool, regional transmission 
group, power supplier or member system forecasting and planning 
activities.
    (2) Resources used to develop the load forecast. The discussion 
shall identify and discuss the borrower personnel, consultants, data 
processing, methods, and other resources used in the preparation of the 
load forecast. The borrower shall identify the borrower's members and, 
as applicable, member personnel that will serve as project leaders or 
liaisons with the authority to make decisions and commit resources 
within the scope of the current and future load forecasts.
    (3) A comprehensive description of the database used in the study. 
The narrative shall describe the procedures used to collect, develop, 
verify, validate, update, and maintain the data. A data dictionary 
thoroughly defining the database shall be included. The borrower shall 
make all or parts of the database available or otherwise accessible to 
RUS in electronic format if requested.
    (4) A narrative for each new load forecast or update of a load 
forecast. The narrative shall discuss the methods and procedures used in 
the analysis and modeling of the borrower's electric system loads. The 
narrative shall also describe the borrower's system, service territory, 
and consumers.
    (5) A narrative discussing the borrower's past, existing, and 
forecast of future electric system loads. The narrative must identify 
and explain substantive assumptions and other pertinent information used 
to support the estimates presented in the load forecast.
    (6) A narrative discussing load forecast uncertainty or alternative 
futures that may determine the borrower's actual loads. The narrative 
shall describe examples of uncertainties such as economic scenarios, 
weather conditions, and others that borrowers may decide to address in 
their analysis including:
    (i) Most-probable assumptions, with normal weather;
    (ii) Pessimistic assumptions, with normal weather;
    (iii) Optimistic assumptions, with normal weather;
    (iv) Most-probable assumptions, with severe weather;
    (v) Most-probable assumptions, with mild weather;
    (vi) Impacts of wholesale or retail competition; or
    (vii) New environmental requirements.
    (7) A summary of the forecast's results on an annual basis. Include 
alternative futures, as applicable: This summary shall be designed to 
accommodate the transfer of load forecast information to a borrower's 
other planning or loan support documents. Computer-generated forms or 
electronic submissions of data are acceptable. Graphs, tables, 
spreadsheets or other exhibits shall be included throughout the forecast 
as appropriate.
    (8) A narrative discussing the coordination activities conducted 
between a power supply borrower and its members, as applicable, and 
between the borrower and RUS.

[[Page 68]]

    (9) Borrowers with a residential demand of 50 percent or more of 
total kWh should include in the Load Forecast a Residential Consumer 
Survey that is performed at least every 5 years to obtain data on 
appliance and equipment saturation and electricity demand. Any such 
borrower that is experiencing or anticipates changes in usage patterns 
shall consider surveys on a more frequent schedule. Power supply 
borrowers shall coordinate such surveys with their members.
    (10) Residential consumer surveys may be based on the aggregation of 
member-based samples or on a system-wide sample, provided that the 
latter provides relevant regional breakdowns as appropriate.
    (11) A load forecast for a power supply borrower and its members 
must cover all member systems, including those that are not borrowers. 
Each borrower is individually responsible for forecasting all its RE Act 
beneficiary and non-RE Act beneficiary loads.
    (12) A narrative description of the borrower's load forecast 
including future load projections, forecast assumptions, and the methods 
and procedures used to develop the forecast.
    (13) Projections of usage by consumer class, number of consumers by 
class, annual system peak demand, and season of peak demand for the 
number of years agreed upon by RUS and the borrower.
    (14) A summary of the year-by-year results of the load forecast in a 
format that allows efficient transfer of the information to other 
borrower planning or loan support documents.
    (15) The load impacts of a borrower's demand side management and 
energy efficiency and conservation program activities, if applicable.
    (16) Graphic representations of the variables specifically 
identified by management as influencing a borrower's loads.
    (17) A database that tracks all relevant variables that might 
influence a borrower's loads.
    (b) Formats. RUS does not require a specific format for the 
narrative, documentation, data, and other information in the load 
forecast, provided that all required information is included and 
available. All data must be in a tabular form that can be transferred 
electronically to RUS computer software applications. RUS will evaluate 
borrower load forecasts for readability, understanding, filing, and 
electronic access. If a borrower's load forecast is submitted in a 
format that is not readily usable by RUS or is incomplete, RUS will 
require the borrower to submit the load forecast in a format acceptable 
to RUS.
    (c) Documentation retention. The borrower must retain its latest 
load forecasts and supporting documentation.
    (d) Consultation with RUS. The borrower must designate and make 
appropriate staff and consultants available for consultation with RUS to 
facilitate RUS review of the load forecast when requested by RUS.
    (e) Correlation and consistency with other RUS loan support 
documents. If a borrower relies on an approved load forecast or an 
update of an approved load forecast as loan support, the borrower must 
demonstrate that the approved load forecast and the other primary 
support documentation for the loan were reconciled. For example, both 
the load forecast and the financial forecast require input assumptions 
for wholesale power costs, distribution costs, other systems costs, 
average revenue per kWh, and inflation. Also, a borrower's engineering 
planning documents, such as the construction work plan, incorporate 
consumer and usage per consumer projections from the load forecast to 
develop system design criteria. The assumptions and data common to all 
the documents must be consistent.
    (f) Coordination. A load forecast of a power supply borrower must 
consider the load forecasts of all its member systems.

[84 FR 32610, July 9, 2019, as amended at 87 FR 73437, Nov. 30, 2022]



Sec.  1710.206  [Reserved]



Sec.  1710.207  RUS criteria for load forecasts by distribution borrowers.

    Load forecasts submitted by distribution borrowers that are 
unaffiliated with a power supply borrower, or by distribution borrowers 
that are members of a power supply borrower that has a total utility 
plant less than $500

[[Page 69]]

million and that is not itself a member of another power supply borrower 
with a total utility plant of $500 million or more must satisfy the 
following minimum criteria:
    (a) The borrower considered all known relevant factors that 
influence the consumption of electricity and the known number of 
consumers served at the time the study was developed;
    (b) The borrower considered and identified all loads on its system 
of RE Act beneficiaries and non-RE Act beneficiaries;
    (c) The borrower developed an adequate supporting data base and 
considered a range of relevant assumptions; and
    (d) The borrower provided RUS with adequate documentation and 
assistance to allow for a thorough and independent review.

[65 FR 14786, Mar. 20, 2000, as amended at 84 FR 32611, July 9, 2019]



Sec.  1710.208  RUS criteria for load forecasts by power supply borrowers 
and by distribution borrowers.

    All load forecasts submitted by power supply borrowers and by 
distribution borrowers must satisfy the following criteria:
    (a) The borrower objectively analyzed all known relevant factors 
that influence the consumption of electricity and the known number of 
customers served at the time the study was developed;
    (b) The borrower considered and identified all loads on its system 
of RE Act beneficiaries and non-RE Act beneficiaries;
    (c) The borrower developed an adequate supporting database and 
analyzed a reasonable range of relevant assumptions and alternative 
futures;
    (d) The borrower adopted methods and procedures in general use by 
the electric utility industry to develop its load forecast;
    (e) The borrower used valid and verifiable analytical techniques and 
models;
    (f) The borrower provided RUS with adequate documentation and 
assistance to allow for a thorough and independent review; and

[65 FR 14786, Mar. 20, 2000, as amended at 84 FR 32611, July 9, 2019]



Sec.  1710.209  [Reserved]



Sec.  1710.210  Waiver of requirements or approval criteria.

    For good cause shown by the borrower, the Administrator may waive 
any of the requirements applicable to borrowers in this subpart if the 
Administrator determines that waiving the requirement will not 
significantly affect accomplishment of RUS' objectives and if the 
requirement imposes a substantial burden on the borrower. The borrower's 
general manager must request the waiver in writing.



Sec. Sec.  1710.211-1710.249  [Reserved]



          Subpart F_Construction Work Plans and Related Studies



Sec.  1710.250  General.

    (a) An ongoing, integrated planning system is needed by borrowers to 
determine their short-term and long-term needs for plant additions, 
improvements, replacements, and retirements. The primary components of 
the system consist of long-range engineering plans, construction work 
plans (CWPs), CWP amendments, and special engineering and cost studies. 
Long range engineering plans identify plant investments required over a 
period of 10-20 years or more. CWPs specify and document plant 
requirements for the short-term, usually 4 years, and special 
engineering and cost studies are used to support CWPs and to identify 
and document requirements for specific items or purposes, such as load 
management equipment, System Control and Data Acquisition equipment, 
sectionalizing investments, and additions of generation capacity and 
associated transmission plant.
    (b) A long range engineering plan specifies and supports the major 
system additions, improvements, replacements, and retirements needed for 
an orderly transition from the existing system to the system required 10 
or more years in the future. The planned future system should be based 
on the most technically and economically sound means of serving the 
borrower's long-range loads in a reliable and environmentally acceptable 
manner, and it

[[Page 70]]

should ensure that planned facilities will not become obsolete 
prematurely.
    (c) A CWP shall include investment cost estimates and supporting 
engineering and cost studies to demonstrate the need for each proposed 
facility or activity and the reasonableness of the investment 
projections and the engineering assumptions used in sizing the 
facilities. The CWP must be consistent with the borrower's long range 
engineering plan and both documents must be consistent with the 
borrower's RUS-approved power requirements study.
    (d) Applications for a loan or loan guarantee from RUS (new loans or 
budget reclassifications) must be supported by a current CWP approved by 
RUS. RUS approval of these plans relates only to the facilities, 
equipment, and other purposes to be financed by RUS, and means that the 
plans provide an adequate basis from a planning and engineering 
standpoint to support RUS financing. RUS approval of the plans does not 
mean that RUS approves of the facilities, equipment, or other purposes 
for which the borrower is not seeking RUS financing. If RUS disagrees 
with a borrower's estimate of the cost of one or more facilities for 
which RUS financing is sought, RUS may adjust the estimate after 
consulting with the borrower and explaining the reasons for the 
adjustment.
    (e) Except as provided in paragraph (f) of this section, to be 
eligible for RUS financing, the facilities, including equipment and 
other items, included in a CWP must be approved by RUS and receive 
Environmental Clearance before the start of construction. This 
requirement also applies to any amendments to a CWP required to add 
facilities to a CWP or to make significant physical changes in the 
facilities already included in a CWP. Provision for funding of ``minor 
projects'' under an RUS loan guarantee is permitted on the same basis as 
that discussed for insured loan funds in 7 CFR part 1721, Post-Loan 
Policies and Procedures for Insured Electric Loans.
    (f) In the case of damage caused by storms and other natural 
catastrophes, a borrower may proceed with emergency repair work before a 
CWP or CWP amendment is prepared by the borrower and approved by RUS, 
without losing eligibility for RUS financing of the repairs. The 
borrower must notify the RUS regional office in writing after the 
natural catastrophe, of its preliminary estimates of damages and repair 
costs. Not later than 120 days after the natural catastrophe, the 
borrower must submit to RUS for approval, a CWP or CWP amendment 
detailing the repairs.
    (g) A CWP may be amended or augmented when the borrower can 
demonstrate the need for the changes.
    (h) A borrower's CWP or special engineering studies must be 
supported by the appropriate level of environmental review 
documentation, in accordance with 7 CFR part 1970.
    (i) All engineering activities required by this subpart must be 
performed by qualified engineers, who may be staff employees of the 
borrower or outside consultants. All engineering services must be 
reviewed by a licensed professional engineer.
    (j) Upon written request from a borrower, RUS may waive in writing 
certain requirements with respect to long-range engineering plans and 
CWPs if RUS determines that such requirements impose a substantial 
burden on the borrower and that waiving the requirements will not 
significantly affect the accomplishment of the objectives of this 
subpart. For example, if a borrower's load is forecast to remain 
constant or decline during the planning period, RUS may waive those 
portions of the plans that relate to load growth.

[84 FR 32611, July 9, 2019]



Sec.  1710.251  Construction work plans--distribution borrowers.

    (a) All distribution borrowers must maintain a current CWP covering 
all new construction, improvements, replacements, and retirements of 
distribution and transmission plant, and improvements replacements, and 
retirements of any generation plant. Construction of new generation 
capacity need not be included in a CWP but must be specified and 
supported by specific engineering and cost studies. (See Sec.  
1710.253.)

[[Page 71]]

    (b) A distribution borrower's CWP shall typically cover a 
construction period of 4 years and includes all facilities to be 
constructed which are eligible for RUS financing, whether or not RUS 
financial assistance will be sought or be available for certain 
facilities. Any RUS financing provided for the facilities will be 
limited to a 4 year loan period. The construction period covered by a 
CWP in support of a loan application shall not be shorter than the loan 
period requested for financing of the facilities.
    (c) The facilities, equipment and other items included in a 
distribution borrower's CWP may include:
    (1) Line extensions required to connect consumers, improve service 
reliability or improve voltage conditions;
    (2) Distribution tie lines to improve reliability of service and 
voltage regulation;
    (3) Line conversions and changes required to improve existing 
services or provide additional capacity for new consumers;
    (4) New substation facilities or additions to existing substations;
    (5) Transmission and substation facilities required to support the 
distribution system;
    (6) Distribution equipment required to serve new consumers or to 
provide adequate and dependable service to existing consumers, including 
replacement of existing plant facilities;
    (7) Outdoor lights;
    (8) Communications equipment and meters;
    (9) Headquarters facilities;
    (10) Improvements, replacements, and retirements of generation 
facilities;
    (11) Load management equipment, automatic sectionalizing facilities, 
and centralized System Control and Data Acquisition equipment. Load 
management equipment eligible for financing, including the related costs 
of installation, is limited to capital equipment designed to influence 
the time and manner of consumer use of electricity, which includes peak 
clipping and load shifting. To be eligible for financing, such equipment 
must be owned by the borrower, although it may be located inside or 
outside a consumer's premises;
    (12) The cost of engineering, architectural, environmental, and 
other studies and plans needed to support the construction of 
facilities, when such cost is capitalized as part of the cost of the 
facilities; and
    (13) Other items that are specifically determined by RUS as being 
eligible for financing prior to inclusion in the CWP.

[57 FR 1053, Jan. 9, 1992; 57 FR 4513, Feb. 5, 1992, as amended at 60 FR 
3731, Jan. 19, 1995; 60 FR 67405, Dec. 29, 1995; 84 FR 32612, July 9, 
2019; 86 FR 36196, July 9, 2021]



Sec.  1710.252  Construction work plans--power supply borrowers.

    (a) All power supply borrowers must maintain a current CWP covering 
all new construction, improvements, replacements, and retirements of 
distribution and transmission plant, and improvements, replacements, and 
retirements of generation plant. Applications for RUS financial 
assistance for such facilities must be supported by a current, RUS-
approved CWP. Construction of new generation capacity need not be 
included in a CWP but must be specified and supported by specific 
engineering and cost studies.
    (b) Typically a power supply borrower's CWP shall cover a period of 
4 years. While comprehensive CWP's are desired, if there are extenuating 
circumstances RUS may accept a single-purpose transmission or generation 
CWP in support of a loan application or budget reclassification. The 
construction period covered by a CWP in support of a loan application 
shall not be shorter than the loan period requested for financing of the 
facilities.
    (c) Facilities, equipment, and other items included in a power 
supply borrower's CWP may include:
    (1) Distribution and related facilities as set forth in Sec.  
1710.251(c);
    (2) Transmission facilities required to deliver the power needed to 
serve the existing and planned new loads of the borrower and its 
members, and to improve service reliability, including tie lines for 
improved reliability of service, line conversions, improvements and 
replacements, new substations and substation improvements and 
replacements, and Systems Control

[[Page 72]]

and Data Acquisition equipment, including communications, dispatching 
and sectionalizing equipment, and load management equipment;
    (3) The borrower's proportionate share of transmission facilities 
required to tie together the operating systems of supporting power pools 
and to connect with adjacent power suppliers;
    (4) Improvements and replacements of generation facilities; and
    (5) The cost of engineering, architectural, environmental and other 
studies and plans needed to support the construction of facilities, when 
such cost is capitalized as part of the cost of the facilities.
    (d) A CWP for transmission facilities shall normally include studies 
of load flows, voltage regulation, and stability characteristics to 
demonstrate system performance and needs.

[57 FR 1053, Jan. 9, 1992, as amended at 60 FR 3731, Jan. 19, 1995; 60 
FR 67405, Dec. 29, 1995; 84 FR 32612, July 9, 2019; 86 FR 36196, July 9, 
2021]



Sec.  1710.253  Engineering and cost studies--addition of generation capacity.

    (a) The construction or purchase of additional generation capacity 
and associated transmission facilities by a power supply or distribution 
borrower, including the replacement of existing capacity, shall be 
supported by comprehensive project-specific engineering and cost studies 
as specified by RUS. The studies shall cover a period from the beginning 
of the project to at least 10 years after the start of commercial 
operation of the facilities.
    (b) The studies must include comprehensive economic present-value 
analyses of the costs and revenues of the available self-generation, 
load management, energy conservation, and purchased-power options, 
including assessments of service reliability and financing requirements 
and risks. An analysis of purchased power options, including an analysis 
of available alternate sources of power shall be included. The analysis 
should include the terms and conditions of any requests for proposals 
and responses to such requests.
    (c) Generally, studies of self-generation, load management, and 
energy conservation options shall include, as appropriate, analyses of:
    (1) Capital and operating costs;
    (2) Financing requirements and risks;
    (3) System reliability;
    (4) Alternative unit sizes;
    (5) Alternative types of generation;
    (6) Fuel alternatives;
    (7) System stability;
    (8) Load flows; and
    (9) System dispatching.
    (d) At the request of a borrower, RUS, in its sole discretion, may 
waive specific requirements of this section if such requirements imposed 
a substantial burden on the borrower and if such waiver will not 
significantly affect the accomplishment of the objectives of this 
subpart.

[57 FR 1053, Jan. 9, 1992, as amended at 84 FR 32612, July 9, 2019]



Sec.  1710.254  [Reserved]



Sec.  1710.255  Energy efficiency work plans--energy efficiency borrowers.

    (a) All energy efficiency borrowers must maintain a current EEWP 
covering in aggregate all new construction, improvements, replacements, 
and retirements of energy efficiency related equipment and activities;
    (b) An energy efficiency borrower's EEWP shall cover a period of 
between 2 and 4 years, and include all facilities to be constructed or 
improved which are eligible for RUS financing, whether or not RUS 
financial assistance will be sought or be available for certain 
facilities. The construction period covered by an EEWP in support of a 
loan application shall not be shorter than the loan period requested for 
financing of the facilities;
    (c) The borrower's EEWP may only include facilities, equipment and 
other activities that have been approved by RUS as a part of an Eligible 
Energy Efficiency and Conservation Program pursuant to subpart H of this 
part;
    (d) The borrower's EEWP must be consistent with the documentation 
provided as part of the current RUS approved EE Program as outlined in 
Sec.  1710.410(c); and

[[Page 73]]

    (e) The borrower's EEWP must include an estimated schedule for the 
implementation of included projects.

[78 FR 73366, Dec. 5, 2013, as amended at 84 FR 32612, July 9, 2019]



Sec. Sec.  1710.256-1710.299  [Reserved]



                Subpart G_Long-Range Financial Forecasts



Sec.  1710.300  General.

    (a) RUS encourages borrowers to maintain a current long-range 
financial forecast. The forecast should be used by the board of 
directors and the manager to guide the system towards its financial 
goals.
    (b) A borrower must prepare, for RUS review and approval, a long-
range financial forecast in support of its loan application. The 
forecast must demonstrate that the borrower's system is economically 
viable and that the proposed loan is financially feasible. Loan 
feasibility will be assessed based on the criteria set forth in Sec.  
1710.112.
    (c) The financial forecast and related projections submitted in 
support of a loan application shall include:
    (1) The projected results of future actions planned by the 
borrower's board of directors;
    (2) The financial goals established for margins, TIER, DSC, equity, 
and levels of general funds to be invested in plant;
    (3) A pro forma balance sheet, statement of operations, and general 
funds summary projected for each year during the forecast period;
    (4) A full explanation of the assumptions, supporting data, and 
analysis used in the forecast, including the methodology used to project 
loads, rates, revenue, power costs, operating expenses, plant additions, 
and other factors having a material effect on the balance sheet and on 
financial ratios such as equity, TIER, and DSC;
    (5) Current and projected cash flows;
    (6) Projections of future borrowings and the associated interest and 
principal expenses required to meet the projected investment 
requirements of the system;
    (7) Current and projected kW and kWh energy sales;
    (8) Current and projected unit prices of significant variables such 
as retail and wholesale power prices, average labor costs, and interest;
    (9) Current and projected system operating costs, including, but not 
limited to, wholesale power costs, depreciation expenses, labor costs, 
and debt service costs;
    (10) Current and projected revenues from sales of electric power and 
energy;
    (11) Current and projected non-operating income and expense;
    (12) A discussion of the historical experience of the borrower, and 
in the case of a power supply borrower its member systems as 
appropriate, with respect to the borrower's market competitiveness as it 
relates to the rates charged for electricity, competition from other 
fuels, and other factors. Additional data and analysis may be required 
by RUS on a case by case basis to assess the probable future 
competitiveness of those borrowers that have a history of serious 
competitive problems; and
    (13) An analysis of the effects of major factors, such as projected 
increases in rates charged for electricity, on the ability of the 
borrower, and in the case of a power supply borrower its member systems, 
to compete with neighboring utilities and other energy sources.
    (d) The following plans, studies and assumptions shall be used in 
developing the financial forecast:
    (1) The RUS-approved CWP;
    (2) RUS-approved power requirements data;
    (3) RUS-approved EE Program work plan;
    (4) The current rate schedules or new rates;
    (5) Future plant additions and operating expenses projected at 
anticipated future cost levels rather than in constant dollars, with the 
annual rate of inflation for major items specified; and
    (6) A sensitivity analysis may be required by RUS on a case-by-case 
basis taking into account such factors as the number and type of large 
power loads, projections of future borrowings and the associated 
interest, projected loads, projected revenues, and the probable future 
competitiveness of the borrower. When RUS determines that a sensitivity 
analysis is necessary for

[[Page 74]]

distribution borrowers, the variables to be tested will be determined by 
the General Field Representative in consultation with the borrower and 
the regional office. The regional office will consult with the Power 
Supply Division in the case of generation projects for distribution 
borrowers. For power supply borrowers, the variables to be tested will 
be determined by the borrower and the Power Supply Division.
    (e) The financial forecast shall use the accrual method, as approved 
by RUS, for analyzing costs and revenues, and, as applicable, compare 
the economic results of the various alternatives on a present value 
basis.

[57 FR 1053, Jan. 9, 1992, as amended at 63 FR 53277, Oct. 5, 1998; 78 
FR 73366, Dec. 5, 2013; 84 FR 32612, July 9, 2019]



Sec.  1710.301  Financial forecasts--distribution borrowers.

    (a) Financial forecasts prepared by distribution borrowers shall 
cover at least a ten-year period, unless a shorter period is authorized 
by other RUS regulations.
    (b) In addition to the requirements set forth in Sec.  1710.300 of 
this part, financial forecasts prepared by distribution borrowers in 
support of a loan application shall:
    (1) Include expenditures for any maintenance determined to be needed 
in the current system's operation and maintenance review and evaluation 
in order to comply with mortgage covenants and prudent utility practice;
    (2) Fully explain the basis for the power cost projections used. 
Generally, the power supplier's most recent forecasted rates shall be 
used; and
    (3) Use RUS Form 325 or computer-generated equivalent reports.



Sec.  1710.302  Financial forecasts--power supply borrowers.

    (a) The requirements of this section apply only to financial 
forecasts submitted by power supply borrowers in support of a loan from 
RUS. The financial forecast prepared by power supply borrowers shall 
demonstrate the effects that the addition of generation, transmission 
and any distribution facilities will have on the power supply borrower's 
sales, costs, and revenues, and on the cost of power to the member 
distribution systems.
    (b) The financial forecast shall cover a period of 10 years. RUS may 
request projections for a longer period of time if RUS deems necessary.
    (c) Financial forecasts prepared in support of loan applications to 
finance additional generation capacity shall include a power cost study 
as set forth in Sec.  1710.303.
    (d) In addition to the requirements set forth in Sec.  1710.300, 
financial forecasts prepared by power supply borrowers shall:
    (1) Identify all plans for generation and transmission capital 
additions and system operating expenses on a year-by-year basis, 
beginning with the present and running for 10 years, unless a longer 
period of time has been requested by RUS.
    (2) Integrate projections of operation and maintenance expenses 
associated with existing plant with those of new proposed facilities to 
determine total costs of system operation as well as the costs of new 
generation and generation-related facilities;
    (3) Provide an in-depth analysis of the regional markets for power 
if loan feasibility depends to any degree on a borrower's ability to 
sell surplus power while its system loads grow to meet the planned 
capacity of a proposed plant;
    (4) If not previously submitted, furnish RUS with all material 
information on operating agreements, ownership agreements, fuel 
contracts and any other special agreements that affect annual cost 
projections, as may be required by RUS on a case by case basis; and
    (5) Include sensitivity analysis if required by RUS pursuant to 
Sec.  1710.300(d)(6).
    (e) The projections shall be coordinated in advance with RUS so that 
agreement can be reached on major aspects of the economic studies. These 
include, but are not limited to, projections of future kW and kWh 
requirements, RE Act beneficiary loads, electricity prices, revenues 
from system and off-system power sales, the cost of prospective plant 
additions, interest and depreciation rates, fuel costs, cost

[[Page 75]]

escalation factors, the discount rate, and other factors.
    (f) The projections, analysis, and supporting information must be 
included in a report that will provide RUS with the information needed 
to:
    (1) Understand and compare various power supply plans;
    (2) Determine that the facilities to be financed will perform 
satisfactorily; and
    (3) Determine that the overall system is economically viable and the 
loan is financially feasible and secure.

[57 FR 1053, Jan. 9, 1992, as amended at 63 FR 53278, Oct. 5, 1998; 78 
FR 73366, Dec. 5, 2013]



Sec.  1710.303  Power cost studies--power supply borrowers.

    (a) All applications for financing of additional generation capacity 
and the associated bulk transmission facilities shall be supported by a 
power cost study to demonstrate that the proposed generation and 
associated transmission facilities are the most economical and effective 
means of meeting the borrower's power requirements. This study usually 
is a separate study but it may be integrated with the financial forecast 
required by Sec.  1710.302.
    (b) A power cost study shall include the following basic elements:
    (1) A study of all reasonably available self-generation, purchased-
power, load management, and energy conservation alternatives as set 
forth in Sec. Sec.  1710.253 and 1710.254;
    (2) A present-value analysis of the costs of the alternatives and 
their effects on total power costs, covering a period of at least 10 
years beyond the projected in-service date of the facilities;
    (3) A description of proposed new power-purchase contracts or 
revisions to existing contracts, and an analysis of the effects on power 
costs;
    (4) Use of sensitivity analyses to determine the vulnerability of 
the alternatives to a reasonable range of assumptions about fuel costs, 
failure to achieve projected load growth, changes in operating and 
financing costs, and other major factors, if the financial forecast is 
used in support of a loan or loan guarantee that exceeds the smaller of 
$25 million or 10 percent of the borrower's total utility plant. 
Individual sensitivity analyses need not be duplicated if they have been 
included in other materials submitted to RUS; and
    (5) Assessment of the financial risks of the various alternatives, 
especially as between capital-intensive and non-capital-intensive 
alternatives, under the range of assumptions set forth in paragraph 
(b)(4) of this section.
    (c) Power cost studies must use current, RUS-approved power 
requirements data, and all major assumptions are subject to RUS 
approval. Alternative assumptions about projected power requirements may 
be used, however, in conjunction with the sensitivity analyses required 
by paragraph (b)(4) of this section.

(Approved by the Office of Management and Budget under control number 
0572-0032)



Sec. Sec.  1710.304-1710.349  [Reserved]



        Subpart H_Energy Efficiency and Conservation Loan Program

    Source: 78 FR 73366, Dec. 5, 2013, unless otherwise noted.



Sec.  1710.400  Purpose.

    (a) This subpart establishes policies and requirements that apply to 
loans and loan guarantees to finance Energy Efficiency and Conservation 
programs (EE Programs) undertaken by an eligible utility system to 
finance Demand side management, energy efficiency and conservation, or 
on-grid and off-grid renewable energy system programs that will result 
in the better management of their system load growth, a more beneficial 
load profile, or greater optimization of the use of alternative energy 
resources in their service territory. These programs may be considered 
an essential utility service.
    (b)(1) The goals of an eligible Energy Efficiency project eligible 
for funding under this program and Subpart H include:
    (i) Increasing energy efficiency at the end user level;
    (ii) Modifying electric load such that there is a reduction in 
overall system demand;

[[Page 76]]

    (iii) Effecting a more efficient use of existing electric 
distribution, transmission and generation facilities;
    (iv) Attracting new businesses and creating jobs in rural 
communities by investing in energy efficiency; and
    (v) Encouraging the use of renewable energy fuels for either Demand 
side management or the reduction of conventional fossil fuel use within 
the service territory.
    (2) Although not a goal, RUS recognizes that there will be a 
reduction of greenhouse gases with energy efficiency improvements.

[78 FR 73366, Dec. 5, 2013, as amended at 87 FR 73438, Nov. 30, 2022]



Sec.  1710.401  RUS policy.

    EE Programs under this subpart may be financed at the distribution 
level or by an electric generation and transmission provider. RUS 
encourages borrowers to coordinate with the relevant member systems 
regarding their intention to implement a program financed under this 
subpart. RUS also encourages borrowers to leverage funds available under 
this subpart with State, local, or other funding sources that may be 
available to implement such programs.



Sec.  1710.402  Scope.

    This subpart adapts and modifies, but does not supplant, the 
requirements for all borrowers set forth elsewhere where the purpose of 
the loan is to finance an approved EE program. In the event there is 
overlap or conflict between this subpart and the provisions of this part 
1710 or other parts of the Code of Federal Regulations, the provisions 
of this subpart will apply for loans made or guaranteed pursuant to this 
subpart.



Sec.  1710.403  General.

    EE Programs financed under this subpart may be directed at all forms 
of energy consumed within a utility's service territory, not just 
electricity, where the electric utility is in a position to facilitate 
the optimization of the energy consumption profile within its service 
territory and do so in a way that enhances the financial or physical 
performance of the rural electric system and enables the repayment of 
the energy efficiency loan.



Sec.  1710.404  Definitions.

    For the purpose of this subpart, the following terms shall have the 
following meanings. In the event there is overlap or conflict between 
the definitions contained in Sec.  1710.2, the definitions set forth 
below will apply for loans made or guaranteed pursuant to this subpart.
    British thermal unit (Btu) means the quantity of heat required to 
raise one pound of water one degree Fahrenheit.
    Certified energy auditor means:
    (1) A certified energy auditor for commercial and industrial energy 
efficiency improvements shall mean an energy auditor who meets at least 
one of the following criteria:
    (i) An individual possessing a current commercial or industrial 
energy auditor certification from a national, industry-recognized 
organization;
    (ii) A Licensed Professional Engineer in the State in which the 
audit is conducted with at least 1 year experience and who has completed 
at least two similar type Energy Audits;
    (iii) An individual with a four-year engineering or architectural 
degree with at least 3 years experience and who has completed at least 
five similar type Energy Audits; or
    (iv) Beginning in calendar year 2015, an energy auditor 
certification recognized by the Department of Energy through its Better 
Buildings Workforce Guidelines project.
    (2) A certified energy auditor for residential energy efficiency 
improvements shall mean an energy auditor that meets one of the 
following criteria:
    (i) The workforce qualification requirements of the Home Performance 
with Energy Star Program, as outlined in Section 3 of the Home 
Performance with Energy Star Sponsor Guide; or
    (ii) An individual possessing a current residential energy auditor 
or building analyst certification from a national, industry-recognized 
organization.
    Cost effective means the aggregate cost of an EE Program is less 
than the financial benefit of the program over time. The cost of a 
program for this purpose shall include the costs of incentives, 
measurement and verification activity and administrative costs, and

[[Page 77]]

the benefits shall include, without limitation, the value of energy 
saved, the value of corresponding avoided generation, transmission or 
distribution and reserve investments as may be displaced or deferred by 
program activities, and the value of corresponding avoided greenhouse 
gas emissions and other pollutants.
    Demand means the electrical load averaged over a specified interval 
of time. Demand is expressed in kilowatts, kilovolt amperes, kilovars, 
amperes, or other suitable units. The interval of time is generally 15 
minutes, 30 minutes, or 60 minutes.
    Demand savings means the quantifiable reduction in the load 
requirement for electric power, usually expressed in kilowatts (kW) or 
megawatts (MW) such that it reduces the cost to serve the load.
    Eligible borrower means a utility system that has direct or indirect 
responsibility for providing retail electric service to persons in a 
rural area. This definition includes existing borrowers and utilities 
who meet current RUS borrower requirements.
    Energy audit means an inspection and analysis of energy flows in a 
building, process, or system with the goal of identifying opportunities 
to enhance energy efficiency. The activity should result in an objective 
standard-based technical report containing recommendations for improving 
the energy efficiency. The report should also include an analysis of the 
estimated benefits and costs of pursuing each recommendation and the 
simple payback period.
    Energy efficiency and conservation measures means equipment, 
materials and practices that when installed and used at a Consumer's 
premises result in a verifiable reduction in energy consumption, 
measured in Btus, or demand as measured in Btu-hours, or both, at the 
point of purchase relative to a base level of output. The ultimate goal 
is the reduction of utility or consumer energy needs.
    Energy efficiency and conservation program (EE Program) means a 
program of activities undertaken or financed by a utility within its 
service territory to reduce the amount or rate of energy used by 
Consumers relative to a base level of output.
    HVAC means heating, ventilation, and air conditioning.
    Load means the Power delivered to power utilization equipment 
performing its normal function.
    Load factor means the ratio of the average load over a designated 
period of time to the peak load occurring in the same period.
    Peak demand (or maximum demand) means the highest demand measured 
over a selected period of time, e.g., one month.
    Peak demand reduction means a decrease in electrical demand on an 
electric utility system during the system's peak period, calculated as 
the reduction in maximum average demand achieved over a specified 
interval of time.
    Power means the rate of generating, transferring, or using energy. 
The basic unit is the watt, where one Watt is approximately 3.41213 Btu/
hr.
    Re-lamping means the initial conversion of bulbs or light fixtures 
to more efficient lighting technology but not the replacement of like 
kind bulbs or fixtures after the initial conversion.
    SI means the International System of Units: the modern metric 
system.
    Smart Grid Investments means capital expenditures for devices or 
systems that are capable of providing real time, two way (utility and 
Consumer) information and control protocols for individual Consumer 
owned or operated appliances and equipment, usually through a Consumer 
interface or smart meter.
    Ultimate recipient means a Consumer that receives a loan from a 
borrower under this subpart.
    Utility Energy Services Contract (UESC) means a contract whereby a 
utility provides a Consumer with comprehensive energy efficiency 
improvement services or demand reduction services.
    Utility system means an entity in the business of providing retail 
electric service to Consumers (distribution entity) or an entity in the 
business of providing wholesale electric supply to

[[Page 78]]

distribution entities (generation entity) or an entity in the business 
of providing transmission service to distribution or generation entities 
(transmission entity), where, in each case, the entities provide the 
applicable service using self-owned or controlled assets under a 
published tariff that the entity and any associated regulatory agency 
may adjust.
    Watt means the SI unit of power equal to a rate of energy transfer 
(or the rate at which work is done), of one joule per second.

[78 FR 73366, Dec. 5, 2013, as amended at 87 FR 73438, Nov. 30, 2022]



Sec.  1710.405  Eligible energy efficiency and conservation programs.

    (a) General. Eligible EE Programs shall:
    (1) Be developed and implemented by an Eligible borrower and applied 
within its service territory;
    (2) Consist of eligible activities and investments as provided in 
Sec.  1710.406
    (3) Provide for the use of State and local funds where available to 
supplement RUS loan funds;
    (4) Incorporate the applicant's policy applicable to the 
interconnection of distributed resources;
    (5) Incorporate a business plan that meets the requirements of Sec.  
1710.407;
    (6) Incorporate a quality assurance plan that meets the requirements 
of Sec.  1710.408;
    (7) Demonstrate that the program can be expected to be Cost 
effective;
    (8) Demonstrate that the program will have a net positive or neutral 
cumulative impact on the borrower's financial condition over the time 
period contemplated in the analytical support documents demonstrating 
that the net present value of program costs incurred by the borrower are 
positive, pursuant to Sec.  1710.411;
    (9) Demonstrate energy savings or peak demand reduction for the 
service territory overall; and
    (10) Be approved in writing by RUS prior to the investment of funds 
for which reimbursement will be requested.
    (b) Financial Structures. Eligible EE Programs may provide for 
direct recoupment of expenditures for eligible activities and investment 
from Ultimate Recipients as follows:
    (1) Loans made to Ultimate Recipients located in a rural area where 
--
    (i) The Ultimate Recipients may be wholesale or retail;
    (ii) The loans may be secured or unsecured;
    (iii) The loan receivables are owned by the Eligible Borrower;
    (iv) The loans are made or serviced directly by the Eligible 
Borrower or by a financial institution pursuant to a contractual 
relationship between the Eligible Borrower and the financial 
institution;
    (v) Due diligence is performed to confirm the repayment ability of 
the Ultimate Recipient;
    (vi) Loans are funded only upon completion of the project financed 
or to reimburse startup costs that have been incurred;
    (vii) The rate charged the Ultimate Recipient is less than or equal 
to the direct Treasury rate established daily by the United States 
Treasury pursuant to Sec.  1710.51(a)(1) or Sec.  1710.52, as 
applicable, plus the borrower's interest rate from RUS and 1.5 percent . 
Exceptions will be made on a case-by-case basis to ensure repayment of 
the government's loan and must be clearly articulated in the business 
plan RUS will not accept an exception request if the loan is feasible at 
1.5 percent; and
    (viii) Loans are not used to refinance a preexisting loan.
    (2) A tariff that is specific to an identified rural Consumer, 
premise or class of ratepayer; or
    (3) On bill repayment and other financial recoupment mechanisms as 
may be approved by RUS.
    (c) Period of performance--(1) Performance standards. (i) Eligible 
EE Programs activities that are listed under Sec.  1710.406(b) should be 
designed to achieve the applicable operating performance standards 
within one year of the date of installation of the facilities.
    (ii) All activities other than those included in paragraph (c)(1)(i) 
of this section should be designed to achieve the

[[Page 79]]

applicable operating performance targets within the time period 
contemplated by the analytic support documents for the overall EE 
Program as approved by RUS.
    (2) Cost effectiveness. Eligible EE Programs must demonstrate that 
Cost effectiveness as measured for the program overall will be achieved 
within ten years of initial funding, except in cases where the useful 
life of the technology on an aggregate basis can be demonstrated to be 
longer than the ten year period. RUS will evaluate the useful life 
assumption on a case-by-case basis.



Sec.  1710.406  Eligible activities and investments.

    (a) General. Eligible program activities and investments:
    (1) Shall be designed to improve energy efficiency and/or reduce 
peak demand on the customer side of the meter;
    (2) Shall be Cost effective in the aggregate after giving effect to 
all activities and investments contemplated in the approved EE Program; 
and
    (3) May apply to all Consumer classes.
    (b) Eligible activities and investments. Eligible program activities 
and investments may include, but are not limited to, the following:
    (1) Energy efficiency and conservation measures where assets 
financed at an Ultimate Recipient premises can be characterized as an 
integral part of the real property that would typically transfer with 
the title under applicable state law. Where applicable, it is 
anticipated that the loan obligation would also be expected to transfer 
with ownership of the metered account serving that property.
    (2) Renewable Energy Systems, including --
    (i) On or Off Grid Renewable energy systems;
    (ii) Fuel cells;
    (3) Demand side management (DSM) investments including Smart Grid 
Investments;
    (4) Energy audits;
    (5) Utility Energy Services Contracts;
    (6) Consumer education and outreach programs;
    (7) Power factor correction equipment on the Ultimate Recipient side 
of the meter;
    (8) Re-lamping to more energy efficient lighting; and
    (9) Fuel Switching as in:
    (i) The replacement of existing fuel consuming equipment using a 
particular fuel with more efficient fuel consuming equipment that uses 
another fuel but which does not increase direct greenhouse gas 
emissions; or
    (ii) The installation of non-electric fuel consuming equipment to 
facilitate management of electric system peak loads. Fuel switching to 
fossil or biomass fueled electric generating equipment is expressly 
excluded.
    (10) Other activities and investments as approved by RUS as part of 
the EE Program such as, but not limited to, pre-retrofit improvements.
    (c) Intermediary lending. EE Program loan funds may be used for 
direct re-lending to Ultimate Recipients where the requirements of Sec.  
1710.405(b) are met.
    (d) Performance standards. Borrowers are required to use Energy Star 
qualified equipment where applicable or meet or exceed efficiency 
requirements designated by the Federal Energy Management Program.



Sec.  1710.407  Business plan.

    An Eligible EE Program must have a business plan for implementing 
the program. The business plan is expected to have a global perspective 
on the borrower's energy efficiency plan. Therefore, energy efficiency 
upgrades should be identified in aggregate. The business plan must have 
the following elements:
    (a) Executive summary. The executive summary shall capture the 
overall objectives to be met by the Eligible EE Program and the 
timeframe in which they are expected to be achieved.
    (b) Organizational background. The background section shall include 
descriptions of the management team responsible for implementing the 
Eligible EE Program.
    (c) Marketing plan. The marketing section should identify the target 
Consumers, promotional activities to be pursued and target penetration 
rates by Consumer category and investment activity.

[[Page 80]]

    (d) Operations plan. The operations plan shall include but is not 
limited to:
    (1) A list of the activities and investments to be implemented under 
the EE Program and the Btu savings goal targeted for each category;
    (2) An estimate of the dollar amount of investment by the utility 
for each category of activities and investments listed under paragraph 
(d)(1) of this section;
    (3) A staffing plan that identifies whether and how outsourced 
contractors or subcontractors will be used to deliver the program;
    (4) A description of the process for documenting and perfecting 
collateral arrangements for Ultimate Recipient loans, if applicable; and
    (5) The overall Btu savings to be accomplished over the life of the 
EE Program.
    (e) Financial plan. The financial plan shall include but is not 
limited to:
    (1) A schedule showing sources and uses of funds for the program;
    (2) An itemized budget for each activity and investment category 
listed in the operations plan;
    (3) An aggregate Cost effectiveness forecast;
    (4) Where applicable, provision for Ultimate Recipient loan loss 
reserves. These loan loss reserves will not be funded by RUS. Loan loss 
reserves are not required when a utility will not be relending RUS 
funds.
    (5) Identify expected Ultimate Recipient loan delinquency and 
default rates and report annually on deviations from the expected rates.
    (f) Risk analysis. The business plan shall include an evaluation of 
the financial and operational risk associated with the program, 
including an estimate of prospective Consumer loan losses consistent 
with the loan loss reserve to be established pursuant to paragraph 
(e)(4) of this section.
    (g) The borrowers are strongly encouraged to follow a bulletin or 
such other publication as RUS deems appropriate that contains and 
describes best practices for energy efficiency business plans. RUS will 
make this bulletin or publication publicly available and revise it from 
time-to-time as RUS deems it necessary.



Sec.  1710.408  Quality assurance plan.

    An eligible EE program must have a quality assurance plan as part of 
the program. The quality assurance plan is expected to have a global 
perspective on the borrower's energy efficiency plan. Therefore, energy 
efficiency upgrades should be identified in aggregate. Every effort is 
made to fund only EE programs that are administered in accordance with 
quality assurance plans meeting standards designed to achieve the 
purposes of this subpart. However, RUS and its employees assume no legal 
liability for the accuracy, completeness or usefulness of any 
information, product, service, or process funded directly or indirectly 
with financial assistance provided under this subpart. Nothing in the 
loan documents between RUS and the energy efficiency borrower shall 
confer upon any other person any right, benefit or remedy of any nature 
whatsoever. Neither RUS nor its employees makes any warranty, express or 
implied, including the warranties of merchantability and fitness for a 
particular purpose, with respect to any information, product, service, 
or process available from an energy efficiency borrower. The approval by 
RUS and its employees of an energy efficiency borrower's quality 
assurance plan is solely for the benefit of RUS. Approval of the quality 
assurance plan does not constitute an RUS endorsement. The quality 
assurance plan must have the following elements:
    (a) Quality assurance assessments shall include the use of qualified 
energy managers or professional engineers to evaluate program activities 
and investments;
    (b) Where applicable, program evaluation activities should use the 
protocols for determining energy savings as developed by the U.S. 
Department of Energy in the Uniform Methods Project.
    (c) Energy audits shall be performed for energy efficiency 
investments involving the building envelope at an Ultimate Recipient 
premises;
    (d) Energy audits must be performed by certified energy auditors; 
and
    (e) Follow up audits shall be performed within one year after 
installation on a sample of investments made

[[Page 81]]

to confirm whether efficiency improvement expectations are being met.
    (f) In cases involving energy efficiency upgrades to a single system 
(such as a ground source heat pump) the new system must be designed and 
installed by certified and insured professionals acceptable to the 
utility.
    (g) Industry or manufacturer standard performance tests, as 
applicable, shall be required on any system upgraded as a result of an 
EE Program. This testing shall indicate the installed system is meeting 
its designed performance parameters.
    (h) In some programs the utility may elect to recommend independent 
contractors who can perform energy efficiency related work for their 
customers. In these cases, utilities shall monitor the work done by the 
contractors and confirm that the contractors are performing quality 
work. Utilities should remove substandard contractors from their 
recommended lists if the subcontractors fail to perform at a 
satisfactory level. RUS does not endorse or recommend any particular 
independent contractors.
    (i) Contractors not hired by the utility may not act as agents of 
the utility in performing work financed under this subpart.
    (j) The borrowers are strongly encouraged to follow a bulletin or 
other publication that RUS deems appropriate and contains and describes 
best practices for energy efficiency quality assurance plans. RUS will 
make this bulletin or publication publicly available and revise it from 
time-to-time as RUS deems it necessary.

[78 FR 73366, Dec. 5, 2013, as amended at 87 FR 73438, Nov. 30, 2022]



Sec.  1710.409  Loan provisions.

    (a) Loan term. The maximum term for loans under this subpart shall 
be 15 years unless the loans relate to ground source loop investments or 
technology on an aggregate basis that has a useful life greater than 15 
years. Ground source loop investments as the term is used in this 
paragraph do not include ancillary equipment related to ground source 
heat pump systems.
    (b) Loan feasibility. Loan feasibility must be demonstrated for all 
loans made under this subpart. Loans made under this subpart shall be 
secured.
    (c) Reimbursement for completed projects. (1) A borrower may request 
an initial advance not to exceed five percent of the total loan amount 
for working capital purposes to implement an eligible EE Program;
    (2) Except for the initial advance provided for in paragraph (c)(1) 
of this section, all advances under this subpart shall be used for 
reimbursement of expenditures relating to a completed activity or 
investment; and
    (3) Advances shall be in accordance with RUS procedures.
    (d) Loan amounts. (1) Cumulative loan amounts outstanding under this 
subpart will be determined by the Assistant Administrator of the 
Electric Program and based an applicant's business plan; and
    (2) Financing for administrative costs may not exceed 5 percent of 
the total loan amount.
    (3) The Rural Utilities Service reserves the right to place a cap on 
both the total amount of funds an eligible entity can apply for, as well 
as a cap on the total amount of funds the Energy Efficiency and 
Conservation Program can utilize in the appropriations.



Sec.  1710.410  Application documents.

    The required application documentation listed in this section is not 
all inclusive but is specific to Eligible borrowers requesting a loan 
under this subpart and in most cases is supplemental to the general 
requirements for loan applications provided for in this part 1710:
    (a) A letter from the Borrower's General Manager requesting a loan 
under this subpart.
    (b) A copy of the statement establishing the EE Program that 
reflects an undertaking that funds collected in excess of then current 
amortization requirements for the related RUS loan will be redeployed 
for EE Program purposes or used to prepay the RUS loan.
    (c) Current RUS-approved EE Program documentation that includes:
    (1) A Business Plan that meets the requirements of Sec.  1710.407;
    (2) A Quality Assurance Plan that meets the requirements of Sec.  
1710.408;

[[Page 82]]

    (3) Analytical support documentation that meets the requirements of 
Sec.  1710.411;
    (4) A copy of RUS' written approval of the EE Program.
    (d) An EE program work plan that meets the requirements of Sec.  
1710.255;
    (e) A statement of whether an initial working capital advance 
pursuant to Sec.  1710.409(c)(1) is included in the loan budget together 
with a schedule of how these funds will be used.
    (f) A proposed draft Schedule C pursuant to 7 CFR part 1718 that 
lists assets to be financed under this subpart as excepted property 
under the RUS mortgage, as applicable.

[78 FR 73366, Dec. 5, 2013, as amended at 84 FR 32613, July 9, 2019]



Sec.  1710.411  Analytical support documentation.

    Applications for loans under this subpart may only be made for 
eligible activities and investments included in an RUS-approved EE 
Program. In addition to a business plan and operations plan, a request 
for EE program approval must include analytical support documentation 
that demonstrates the program meets the requirements of Sec.  1710.303 
and assures RUS of the operational and financial integrity of the EE 
Program. This documentation must include, but is not necessarily limited 
to, the following:
    (a) A comparison of the utility's projected annual growth in demand 
after incorporating the EE Program together with an updated baseline 
forecast on file with RUS, where each includes an estimate of energy 
consuming devices used by customers in the service territory and a 
specific time horizon as determined by the utility for meeting the 
performance objectives established by them for the EE Program;
    (b) Demonstration that the required periods of performance under 
Sec.  1710.405(c) can reasonably be expected to be met;
    (c) A report of discussions and coordination conducted with the 
power supplier, where applicable, issues identified as a result, and the 
outcome of this effort.
    (d) An estimate of the amount of direct investment in utility-owned 
generation that will be deferred as a result of the EE Program;
    (e) A description of efforts to identify state and local sources of 
funding and, if available, how they are to be integrated in the 
financing of the EE Program; and
    (f) Copies of sample documentation used by the utility in 
administering its EE Program.
    (g) Such other documents and reports as the Administrator may 
require.



Sec.  1710.412  Borrower accounting methods, management reporting, and audits.

    Nothing in this subpart changes a Borrower's obligation to comply 
with RUS's accounting, monitoring and reporting requirements. In 
addition thereto, the Administrator may also require additional 
management reports that provide the agency with a means of evaluating 
the extent to which the goals and objectives identified in the EE Plan 
are being accomplished.



Sec.  1710.413  Compliance with other laws and regulations.

    Nothing in this subpart changes a Borrower's obligation to comply 
with all laws and regulations to which it is subject.



Sec. Sec.  1710.414-1710.499  [Reserved]



       Subpart I_Application Requirements and Procedures for Loans

    Source: 60 FR 3731, Jan. 19, 1995, unless otherwise noted.



Sec.  1710.500  Initial contact.

    (a) Loan applicants that do not have outstanding loans from RUS 
should contact the Rural Utilities Service via Email at 
[email protected], call RUS at (202) 720-9545 or write to the Rural 
Utilities Service Administrator, United States Department of 
Agriculture, 1400 Independence Ave. SW, STOP 1560, Room 4121, 
Washington, DC 20250-1560. Loan Applicants may also visit RUS' website 
to locate a local General Field Representative at https://
www.rd.usda.gov/contact-us/electric-gfr. A field or headquarters staff 
representative may be assigned by RUS to visit

[[Page 83]]

the applicant and discuss its financial needs and eligibility. Borrowers 
that have outstanding loans should contact their assigned RUS general 
field representative (GFR) or, in the case of a power supply borrower, 
Deputy Assistant Administrator, Office of Loan Origination and Approval. 
Borrowers may consult with RUS field representatives and headquarters 
staff, as necessary.
    (b) Before submitting an application for an insured loan the 
borrower shall ascertain from RUS the amount of supplemental financing 
required, as set forth in Sec.  1710.110. If the borrower is applying 
for either a municipal rate loan subject to the interest rate cap or a 
hardship rate loan, the application must provide a preliminary breakdown 
of residential consumers either by county or by census tract. Final data 
must be included with the application. See Sec.  1710.401(a)(8).

[60 FR 3731, Jan. 19, 1995. Redesignated at 78 FR 73366, Dec. 5, 2013, 
as amended at 84 FR 32613, July 9, 2019; 87 FR 73438, Nov. 30, 2022]



Sec.  1710.501  Loan application documents.

    (a) All borrowers. Borrowers may be eligible to submit their loan 
application via RUS' electronic application intake system instead of 
submitting a paper submission. Please consult your GFR in accordance 
with Sec.  1710.500. All applications for electric loans shall include 
the documents listed in this paragraph (a).
    (1) Loan application letter. A letter signed by the borrower's 
manager indicating the actual corporate name, the borrowers RUS 
Designation, the borrowers RUS Loan Designation, and taxpayer 
identification number of the borrower and addressing the following 
items:
    (i) The amount of loan and loan type. The sources and amounts of any 
supplemental or other financing. For an insured loan, a statement of 
whether the application is for a municipal rate loan, with or without 
the interest rate cap, or a hardship loan. If the application is for a 
municipal rate loan, the board resolution must indicate whether the 
borrower intends to elect the prepayment option. See 7 CFR 1714.4(c);
    (ii) The Maturity Date/Term of the Loan in number of years (useful 
life to determine maximum);
    (iii) A short description of the purpose of the loan, i.e., 
generation, distribution, transmission, energy efficiency, etc.;
    (iv) Method of Amortization;
    (v) The Borrower's Unique Entity Identifier;
    (vi) The Borrower's Organization Number from its State Corporation 
Commission or similar entity;
    (vii) The Borrower's Exact Legal Name (please state the legal name 
and identify the legal document used to state the name or attach such 
document;
    (viii) List of current counties and Tribal lands where real property 
is located;
    (ix) Attach current property schedule;
    (x) Identify any new counties and Tribal lands with property since 
last loan;
    (xi) Authorized/registered place of business;
    (xii) Debt Limit;
    (xiii) Identify any State or Tribal regulatory approvals needed;
    (xiv) List any subsidiaries;
    (xv) Identify any material financial or other material change since 
last loan, including a list of any pending litigation and where there is 
insurance to cover such;
    (xvi) Breakdown of loan funds by State and Tribal lands;
    (xvii) Construction Work Plan (CWP), if not previously submitted 
through RD Apply or other method;
    (xviii) Environmental Report (ER), if not previously submitted 
through RD Apply or other method;
    (xix) Statement authorizing RUS to release appropriate information 
and data relating to the loan application to the FFB and any existing 
supplemental lenders.
    (2) Special resolutions. Included any special resolutions required 
by Federal, State, or Tribal Authorities and any others as identified 
and required by the RUS General Field Representative (for example, use 
of contractors, corrective action plans, etc.). Resolutions of support 
from Tribal government or Tribal regulatory authority are required by

[[Page 84]]

any non-Tribal applicant intending to serve Tribal areas before any loan 
is approved by RUS.
    (3) RUS Form 740c, Cost Estimates and Loan Budget for Electric 
Borrowers. This form together with its attachments lists the 
construction, equipment, facilities, and other cost estimates from the 
construction work plan or engineering and cost studies. The projects and 
related costs, included on this form, shall be used to justify the loan 
amount and are not meant to be an exclusive list of those projects that 
could receive funds under this loan. In addition, to be included on this 
form, the project must have received written documentation of RUS 
concluding its environmental review. The advance of loan funds for 
projects shall be governed by 7 CFR part 1721. The date on page one (1) 
of the RUS Form 740c is the beginning date of the loan period. RUS Form 
740c also includes the following information, exhibits, and attachments:
    (i) Description of funds and materials. This description details the 
availability of materials and equipment, any unadvanced funds from prior 
loans, and any general funds the borrower designates, to determine the 
amount of such materials and funds to be applied against the capital 
requirements estimated for the loan period.
    (ii) Useful life of facilities financed by the loan. Form 740c must 
include, as a note, either a statement certifying that at least 90 
percent of the loan funds are for facilities that have a useful life of 
33 years or longer, or a schedule showing the costs and useful life of 
those facilities with a useful life of less than 33 years. This 
statement or schedule will be used to determine the final maturity of 
the loan. See Sec.  1710.115.
    (iii) Reimbursement schedule. This schedule lists the date, amount, 
and identification number of each inventory of work orders and special 
equipment summary that form the basis for the borrower's request for 
reimbursement of general funds on the RUS Form 740c. See Sec.  1710.109. 
If the borrower is not requesting reimbursement, this schedule need not 
be submitted.
    (iv) Location of consumers. If the application is for a municipal 
rate loan subject to the interest rate cap, or for a loan at the 
hardship rate, and the average number of consumers per mile of the total 
electric system exceeds 17, Form 740c must include, as a note, a 
breakdown of funds included in the proposed loan to furnish or improve 
service to consumers located in an urban area. See 7 CFR 1714.7(c) and 
1714.8(d). This breakdown must indicate the method used by the borrower 
for allocating loan funds between urban and non-urban consumers.
    (4) Financial and statistical report. RUS will use the Borrower's 
year end filed Financial and Operating Report Electric Distribution 
(formerly known as the RUS Form 7) or the Financial and Operating Report 
Electric Power Supply (formerly known as the RUS Form 12) unless the 
borrower has failed to meet its applicable financial ratios, as required 
by its security instrument and loan contract. The reports are required 
to be filed electronically in the agency's Data Collection System. If 
the borrower's financial requirements have not been met, RUS will 
require a current Financial and Operating Report to be submitted with 
the loan application, which shall contain the most recent data available 
and shall not be more than 60 days old when received by RUS. In 
addition, for those borrowers not meeting their financial ratios, the 
following information shall also be provided as part of the loan 
application:
    (i) Any other information required to be submitted by RUS;
    (ii) A Plan to meet their Financial Ratios;
    (iii) The Date of the Borrower's last rate change and the amount/
percentage of that rate change;
    (iv) A list of any Subsidiaries along with a brief summary 
identifying the purpose of each subsidiary and identify the percentage 
interest in each if less than 100%;
    (v) If the issues with the Borrower not meeting its financial ratios 
involves the subsidiary or equity investment losses a business plan and 
exit strategy shall be provided;
    (vi) An updated Financial and Operating Report within 60 days of 
actual loan approval which will be requested by RUS and can be submitted 
later.
    (5) Load Forecast Study. A current Load Forecast Study will be 
included

[[Page 85]]

in the loan application which is not more than 2 years old when the loan 
application is submitted unless the borrower is a member of a Power 
Supplier which only completes a Load Forecast once every 3 years. In 
that case the Load Forecast shall not be more than 3 years old when the 
loan application is submitted.
    (6) Long Range Financial Forecast and assumptions. Along with the 
loan application, the borrower shall submit to RUS a Long-Range 
Financial Forecast (LRFF) that meets the requirements of subpart G of 
this part in a form acceptable to RUS. The forecast shall include any 
sensitivity analysis and/or analysis of alternative scenarios only if 
requested by the RUS General Field Representative.
    (7) Rate disparity and consumer income data. If the borrower is 
applying under the rate disparity and consumer income tests for either a 
municipal rate loan subject to the interest rate cap or a hardship rate 
loan, the application must provide a breakdown of residential consumers 
either by county, Tribal land, or by census tract. In addition, if the 
borrower serves in 2 or more States, the application must include a 
breakdown of all ultimate consumers by State. This breakdown may be a 
copy of Form EIA 861 submitted by the Borrower to the Department of 
Energy or in a similar form. See 7 CFR 1714.7(b) and 1714.8(a). To 
expedite the processing of loan applications, RUS strongly encourages 
distribution borrowers to provide this information to the GFR prior to 
submitting the application.
    (8) Standard Form 100--Equal Employment Opportunity Employer Report 
EEO--1. This form, required by the Department of Labor, sets forth 
employment data for borrowers with 100 or more employees. A copy of this 
form, as submitted to the Department of Labor, is to be included in the 
application for an insured loan if the borrower has more than 100 
employees. See Sec.  1710.122.
    (9) Form AD-1047, Certification Regarding Debarment, Suspension, and 
Other Responsibility Matters--Primary Covered Transactions. This 
statement certifies that the borrower will comply with certain 
regulations on debarment and suspension required by Executive Order 
12549, Debarment and Suspension (3 CFR, 1986 Comp., p. 189). See 2 CFR 
417, and Sec.  1710.123 of this part.
    (10) Uniform Relocation Act assurance statement. This assurance, 
which need not be resubmitted if previously submitted, provides that the 
borrower shall comply with 49 CFR part 24, which implements the Uniform 
Relocation Assistance and Real Property Acquisition Policy Act of 1970, 
as amended by the Uniform Relocation Act Amendments of 1987 and 1991. 
See Sec.  1710.124.
    (11) Lobbying. The following information on lobbying is required 
pursuant to 2 CFR 418, and Sec.  1710.125. Borrowers applying for both 
insured and guaranteed financing should consult RUS before submitting 
this information.
    (12) Federal debt delinquency requirements. See Sec.  1710.126. The 
following documents are required:
    (i) Report on Federal debt delinquency. This report indicates 
whether or not a borrower is delinquent on any Federal debt.
    (ii) Certification regarding Federal Government collection options. 
This statement certifies that a borrower has been informed of the 
collection options the Federal Government may use to collect delinquent 
debt. The Federal Government is authorized by law to take any or all of 
the following actions in the event that a borrower's loan payments 
become delinquent or the borrower defaults on its loans:
    (A) Report the borrower's delinquent account to a credit bureau;
    (B) Assess additional interest and penalty charges for the period of 
time that payment is not made;
    (C) Assess charges to cover additional administrative costs incurred 
by the Government to service the borrower's account;
    (D) Offset amounts owed directly or indirectly to the borrower under 
other Federal programs;
    (E) Refer the borrower's debt to the Internal Revenue Service for 
offset against any amount owed to the borrower as an income tax refund;
    (F) Refer the borrower's account to a private collection agency to 
collect the amount due; and

[[Page 86]]

    (G) Refer the borrower's account to the Department of Justice for 
collection.
    (13) Assurance regarding Felony Conviction (AD Form 3030). This form 
must be included with each application to document the status regarding 
a felony criminal violation and status of any unpaid federal tax 
liability;
    (14) RD Form 400-4, Assurance Agreement. This form provides 
assurance to USDA that recipients of federal financial assistance are in 
compliance with Title VI of the Civil Rights Act of 1964, 7 CFR part 15 
and other agency regulations;
    (15) Seismic safety certifications. This certification shall be 
included, if required under 7 CFR part 1792.
    (16) Other forms. Other forms as required by law or as requested.
    (b) New or returning borrowers. In addition to the items in 
paragraph (a) of this section, applications for loans submitted by new 
or returning borrowers shall include the items listed in this paragraph 
(b).
    (1) A copy of the Borrower's Current Bylaws;
    (2) Identify the Borrower's Type of Organizational Structure and a 
copy of their Articles of Incorporation;
    (3) Provide evidence of where Borrower is registered to do business;
    (4) Copies of the Borrower's Audited GAAP financials for the past 1-
3 years, if available or other financial information, as requested on a 
case by case basis;
    (5) A list of any secured outstanding debt including the amount and 
name of lender;
    (6) Evidence of Collateral and/or its ability to pledge such 
collateral;
    (7) An Attorney Opinion for the Borrower including the counties 
served, a property schedule, the state of incorporation, any pending 
litigation, the corporate debt limit, the Borrower's legal name and type 
of legal organization, and the borrower's legal authority to pledge its 
collateral or other assets.
    (8) Copies of the Borrower's Power Supply Contracts and arrangements 
(including wholesale rate contracts);
    (9) Competitive position information including its rates and rate 
disparity between neighboring utilities;
    (10) Construction Work Plan and/or Engineering Power Cost Study, if 
not previously submitted;
    (11) An Environmental Report related to the facilities for which 
financing is being requested, if not previously submitted.
    (c) Power Supply Borrowers. In addition to the loan application, 
consisting of the documents required by paragraph (a) or (b) of this 
section, Power Supply Borrowers must also provide RUS with the 
following:
    (1) Information on its Power Supply arrangements and/or wholesale 
power contracts including the maturity dates. Please note copies of the 
contracts may be requested on a case by cases basis;
    (2) A Profile of the Power Supply Borrowers' fuel supply 
arrangements;
    (3) The Borrowers Load Resource Table;
    (4) Information on its Transmission and Interconnection 
arrangements. Please note that copies of the contracts related to such 
arrangements may be requested on a case by case basis;
    (5) The Power Supply Borrowers' New/Returning membership chart 
profile and relationships as applicable.
    (d) Submission of documents. (1) Generally, all information required 
by paragraphs (a), (b), and (c) of this section is submitted to RUS in a 
single application. Borrowers may be eligible to submit their loan 
application via RUS' electronic application intake system instead of 
submitting hard copies of the loan applications. Please contact your 
respective General Field Representative or RUS Headquarters to determine 
if you are eligible to utilize the electronic system.
    (2) To facilitate loan review, RUS urges borrowers to ensure that 
their applications contain all of the information required by this 
section before submitting the application to RUS. Borrowers may consult 
with RUS field representatives and headquarters staff as necessary for 
assistance in preparing loan applications.
    (3) RUS may, in its discretion, return an application to the 
borrower if the application is not materially complete to the 
satisfaction of RUS within 10 months of receipt of any of the items

[[Page 87]]

listed in paragraph (a) or (b) of this section. RUS will generally 
advise the borrower in writing at least 2 months prior to returning the 
application as to the elements of the application that are not complete.
    (4) If an application is returned, an application for the same loan 
purposes will be accepted by RUS if satisfactory evidence is provided 
that all of the information required by this section will be submitted 
to RUS within a reasonable time. An application for loan purposes 
included in an application previously returned to the borrower will be 
treated as an entirely new application.
    (e) Complete applications. An application is complete when all 
information required by RUS to approve a loan is materially complete in 
form and substance satisfactory to RUS.
    (f) Change in borrower circumstances. A borrower shall, after 
submitting a loan application, promptly notify RUS of any changes in its 
circumstances that materially affect the information contained in the 
loan application or in the primary support documents.
    (g) Interest rate category. For pending loans, RUS will promptly 
notify the borrower if its eligibility for an interest rate category 
changes pursuant to new information from the Department of Energy or the 
Bureau of the Census. See 7 CFR part 1714.

(Approved by the Office of Management and Budget under control numbers 
0572-0017, 0572-0032 and 0572-1013)

[60 FR 3731, Jan. 19, 1995. Redesignated at 78 FR 73366, Dec. 5, 2013, 
as amended at 79 FR 76002, Dec. 19, 2014; 81 FR 11026, Mar. 2, 2016; 84 
FR 32613, July 9, 2019; 86 FR 36196, July 9, 2021; 87 FR 73438, Nov. 30, 
2022]



Sec. Sec.  1710.502-1710.503  [Reserved]



Sec.  1710.504  Additional requirements.

    Additional requirements for insured electric loans are set forth in 
7 CFR part 1714.

[60 FR 3731, Jan. 19, 1995. Redesignated at 78 FR 73366, Dec. 5, 2013]



Sec.  1710.505  Supplemental financing documents.

    (a) The borrower is responsible for ensuring that the loan documents 
required for supplemental financing pursuant to Sec.  1710.110 are 
executed in a timely fashion. These documents are subject to RUS 
approval.
    (b) Security. Any security offered by the borrower to a supplemental 
lender is subject to RUS approval.

[60 FR 3731, Jan. 19, 1995. Redesignated at 78 FR 73366, Dec. 5, 2013]



Sec.  1710.506  Loan approval.

    (a) A loan is approved when the Administrator signs the 
administrative findings.
    (b) If the loan is not approved, RUS will notify the borrower of the 
reason.

[60 FR 3731, Jan. 19, 1995. Redesignated at 78 FR 73366, Dec. 5, 2013]



Sec.  1710.507  Loan documents.

    Following approval of a loan, RUS will forward the loan documents to 
the borrower for execution, delivery, recording, and filing, as directed 
by RUS.

[60 FR 3731, Jan. 19, 1995. Redesignated at 78 FR 73366, Dec. 5, 2013]



    Subpart J_Terms of Loans Common to Electric Loans and Guarantees

    Source: 87 FR 73439, Nov. 30, 2022, unless otherwise noted.



Sec.  1710.601  Advance of funds from loans.

    The borrower shall request advances of funds as needed. Advances are 
subject to RUS approval and must be requested in writing on RUS Form 595 
or an RUS approved equivalent form. Funds will not be advanced until the 
Administrator has received satisfactory evidence that the borrower has 
met all applicable conditions precedent to the advance of funds, 
including evidence that the supplemental financing required under this 
part concurrent loan guaranteed by RUS is available to the borrower 
under terms and conditions satisfactory to RUS.



Sec.  1710.602  Fund advance period.

    (a) The fund advance period begins on the date of the loan note and 
will last no longer than five years, after September 30 of the fifth 
year after the fiscal year of obligation. The fiscal year

[[Page 88]]

of obligation is identified in loan documentation associated with each 
loan. The Administrator may extend the fund advance period on any loan 
if the borrower meets the requirements of paragraph (b) of this section. 
However, under no circumstances shall RUS ever make or approve an 
advance, regardless of the last day for an advance on the loan note or 
any extension by the Administrator, later than September 30 of the fifth 
year after the fiscal year of obligation if such date would result in 
the RUS obligating or permitting advance of funds contrary to the Anti-
Deficiency Act.
    (b) The Administrator may agree to an extension of the fund advance 
period for loans if the borrower demonstrates, to the satisfaction of 
the Administrator, that the loan funds continue to be needed for 
approved loan purposes (e.g., facilities included in a RUS approved 
construction work plan). Policies for extension of the fund advance 
period following certain mergers, consolidations, and transfers of 
systems substantially in their entirety are set forth in 7 CFR 1717.156.
    (1) To apply for an extension, the borrower must make a request to 
RUS prior to the last date for advance as noted in the borrower's loan 
documents and provide, the following:
    (i) A certified copy of a board resolution requesting an extension 
of the Government's obligation to advance loan funds;
    (ii) Evidence that the unadvanced loan funds continue to be needed 
for approved loan purposes; and
    (iii) Notice of the estimated date for completion of construction.
    (2) If the Administrator approves a request for an extension, RUS 
will notify the borrower in writing of the extension and the terms and 
conditions thereof. An extension will be effective only if it is 
requested in writing prior to the last date for advance as provided in 
the borrower's loan documents.
    (3) Any request received after the last date for advance shall be 
rejected.
    (c) RUS will rescind the balance of any loan funds not advanced to a 
borrower as of the final date approved for advancing funds.



Sec.  1710.603  Sequence of advances.

    (a) Except as set forth in paragraph (b) of this section, concurrent 
loan funds will be advanced in the following order:
    (1) Fifty (50) percent of the RUS insured loan funds.
    (2) One hundred (100) percent of the supplemental loan funds.
    (3) The remaining amount of the RUS insured loan funds.
    (b) At the borrower's request and with RUS approval, all or part of 
the supplemental loan funds may be advanced before funds in paragraph 
(a)(1) of this section.



Sec.  1710.604  Amortization of principal.

    (a) Amortization of funds advanced during the first 2 years after 
the date of the note shall begin no later than 2 years from the date of 
the note. Except as set forth in paragraph (b) of this section, 
amortization of funds advanced 2 years or more after the date of the 
note shall begin with the scheduled loan payment billed in the month 
following the month of the advance.
    (b) For advances made 2 years or more after the date of the note, 
the Administrator may, upon written request from the borrower, authorize 
deferral of amortization of principal for a period of up to 2 years from 
the date of the advance if the Administrator determines that failure to 
authorize such deferral would adversely affect either the Government's 
financial interest or the achievement of the purposes of the Rural 
Electrification Act. Such deferral shall not extend the loan maturity 
period.



Sec.  1710.605  Rescission of loans.

    (a) A borrower may request rescission of a loan with respect to any 
funds unadvanced by submitting a letter signed by the General Manager, 
Board President or other individual authorized by the Board of Directors 
to request such rescission.
    (b) RUS may rescind loans pursuant to Sec.  1710.602(c).
    (c) Borrowers who prepay RUS loans at a discounted present value 
pursuant to subpart F of 7 CFR part 1786 are required to rescind the 
unadvanced balance of all outstanding electric notes pursuant to 7 CFR 
1786.158(j).

[[Page 89]]



PART 1714_PRE-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS--
Table of Contents



                            Subpart A_General

Sec.
1714.1 [Reserved]
1714.2 Definitions.
1714.3 Applicability of provisions.
1714.4 Interest rates.
1714.5 Determination of interest rates on municipal rate loans.
1714.6 Interest rate term.
1714.7 Interest rate cap.
1714.8 Hardship rate loans.
1714.9 Prepayment of insured loans.
1714.10-1714.49 [Reserved]

Subpart B [Reserved]

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

    Source: 58 FR 66260, Dec. 20, 1993, unless otherwise noted.



                            Subpart A_General



Sec.  1714.1  [Reserved]



Sec.  1714.2  Definitions.

    The definitions set forth in 7 CFR 1710.2 are applicable to this 
part, unless otherwise stated. References to specific RUS forms and 
other RUS documents, and to specific sections of such forms and 
documents, shall include the corresponding forms, documents, sections 
and lines in any subsequent revisions of these forms and documents.



Sec.  1714.3  Applicability of provisions.

    (a) Insured electric loans approved on or after November 1, 1993. On 
November 1, 1993, the Rural Electrification Loan Restructuring Act, Pub. 
L. 103-129, 107 Stat. 1356, (RELRA) amended the Rural Electrification 
Act of 1936, 7 U.S.C. 901 et seq., (RE Act) to establish a new interest 
rate structure for insured electric loans. Insured electric loans 
approved on or after this date, are either municipal rate loans or 
hardship rate loans. Borrowers meeting the criteria set forth in Sec.  
1714.8 are eligible for 5 percent hardship rate loans. The interest rate 
on loans to other borrowers is the municipal interest rate, and 
borrowers meeting the criteria set forth in Sec.  1714.7 are eligible 
for the interest rate cap on their municipal rate loans. Interest rates 
for the initial interest rate term and rollover terms (Sec.  1714.6) 
will be determined pursuant to Sec.  1714.4. Provisions for prepayment 
are set forth in Sec.  1714.9. The provisions of this subpart apply to 
loans approved on or after November 1, 1993, unless otherwise stated.
    (b) Insured electric loans approved prior to November 1, 1993. These 
loans have a single interest rate applicable to the entire loan. The 
rate is generally 5 percent, but, in some cases, may be as low as 2 
percent. These loans have a single interest rate term and may be prepaid 
at face value at any time. Provisions for discounted prepayment of these 
loans are set forth in 7 CFR part 1786.



Sec.  1714.4  Interest rates.

    (a) Municipal rate loans. Each advance of funds on a municipal rate 
loan shall bear interest at a single rate for each interest rate term. 
All interest rates applicable to municipal rate loans will be increased 
by one eighth of one percent (0.125 percent), if the borrower elects to 
include in the loan agreement a prepayment option (call provision), 
allowing the borrower to prepay all or a portion of an advance on a date 
other than a rollover maturity date. However, no interest rate for any 
advances of a loan to a borrower who qualifies for the interest rate cap 
may exceed 7 percent.
    (b) Hardship rate loans. All advances of funds on hardship rate 
loans shall bear interest at a rate of 5 percent.
    (c) Application procedure. The borrower must indicate whether the 
application is for a municipal rate loan, with or without the interest 
rate cap, or a hardship rate loan. If the application is for a municipal 
rate loan, the borrower must also indicate whether they intend to elect 
the prepayment option.

[58 FR 66260, Dec. 20, 1993, as amended at 67 FR 16969, Apr. 9, 2002; 84 
FR 32615, July 9, 2019]



Sec.  1714.5  Determination of interest rates on municipal rate loans.

    (a) RUS will post on the RUS website, Electric Program HomePage, a 
schedule of interest rates for municipal rate loans at the beginning of 
each calendar quarter. The schedule will

[[Page 90]]

show the year of maturity and the applicable interest rates in effect 
for all funds advanced on municipal rate loans during the calendar 
quarter and all interest rate terms beginning in the quarter. All 
interest rates will be adjusted to the nearest one eighth of one percent 
(0.125 percent).
    (b) The rate for interest rate terms of 20 years or longer will be 
the average of the 20 year rates published in the Bond Buyer in the 4 
weeks specified in paragraph (d) of this section for the ``11-Bond GO 
Index'' of Aa rated general obligation municipal bonds, or the successor 
to this index.
    (c) The rate for terms of less than 20 years will be the average of 
the rates published in the Bond Buyer in the 4 weeks specified in 
paragraph (d) of this section in the table of ``Municipal Market Data--
General Obligation Yields'' for Aa rated bonds, or the successor to this 
table, for obligations maturing in the same year as the interest rate 
term selected by the borrower.
    (d) The interest rates on municipal rate loans shall not exceed the 
interest rate determined under section 307(a)(3)(A) of the Consolidated 
Farm and Rural Development Act (7 U.S.C. 1927(a)(3)(A)) for Water and 
Waste Disposal loans. The method used to determine this rate is set 
forth in the regulations of the Rural Housing Service at 7 CFR 
1942.17(f)(1) and (4). Pursuant to the RUS rule, the interest rates are 
set using as guidance the average of the Bond Buyer Index for the four 
weeks prior to the first Friday of the last month before the beginning 
of the quarter.

[58 FR 66260, Dec. 20, 1993, as amended at 67 FR 16969, Apr. 9, 2002; 80 
FR 9861, Feb. 24, 2015]



Sec.  1714.6  Interest rate term.

    (a) Municipal rate loans. Selection of interest rate terms shall be 
made by the borrower for each advance of funds. The minimum interest 
rate term shall be one year. RUS will send the borrower written 
confirmation of each rollover maturity date and the applicable interest 
rate.
    (1) The initial interest rate term will begin on the date of the 
advance. All rollover interest rate terms will begin on the first day of 
a month, and except for the last interest rate term to final maturity, 
shall end on the last day of a month. All terms except for the initial 
interest rate term on an advance, and the last term to final maturity 
shall be in yearly increments.
    (2) The following limits apply to the number of advances of funds 
that may be made to the borrower on any municipal rate loan:
    (i) If the loan period is 2 years or less, not more than 6 advances;
    (ii) If the loan period is more than 2 years, not more than 8 
advances.
    (3) For the initial interest rate term of an advance, a letter from 
an authorized official of the borrower indicating the selection of the 
term shall accompany the request for the advance.
    (4) At the end of any interest rate term, the borrower shall pay all 
accrued interest and principal balance then due, and either prepay the 
remaining principal of the advance at face value, or roll over the 
remaining principal for a new term, provided that no interest rate term 
may end later than the date of the final maturity.
    (i) If the borrower elects to prepay all or part of the remaining 
principal of the advance at face value, it must notify the Director of 
the appropriate Regional Division or the Power Supply Division in 
writing not later than 20 days before the rollover maturity date.
    (ii) If the borrower wishes to elect a new interest rate term that 
is different from the term previously selected, it must notify RUS in 
writing of the new term not later than 20 days before the end of the 
current term. The election of the new term shall be addressed to the 
Director, Financial Operations Division, Rural Utilities Service, 
Washington, DC 20250-1500.
    (iii) If the borrower fails to notify RUS within the timeframes set 
out in this paragraph of its intention to prepay or elect a different 
interest rate term, RUS will automatically roll over the remaining 
principal for the shorter of, and at the interest rate applicable to:
    (A) A period equal in length to the term that is expiring; or
    (B) The remaining period to final maturity.
    (b) Hardship rate loans. Loans made at the 5 percent hardship rate 
are made

[[Page 91]]

for a single term that cannot exceed the final maturity as set forth in 
7 CFR 1710.115. The hardship interest rate applies to the entire amount 
of the loan.

[58 FR 66260, Dec. 20, 1993, as amended at 60 FR 3734, Jan. 19, 1995]



Sec.  1714.7  Interest rate cap.

    Except as provided in paragraph (c) of this section, the municipal 
interest rate may not exceed 7 percent on a loan advance to a borrower 
primarily engaged in providing retail electric service if the borrower 
meets, at the time of loan approval, either the consumer density test 
set forth in paragraph (a) of this section, or both the rate disparity 
test for the interest rate cap and the consumer income test set forth in 
paragraph (b) of this section.
    (a) Low consumer density test. The borrower meets this test if the 
average number of consumers per mile of line of its total electric 
system, based on the most recent data available at the time of loan 
approval is less than 5.50.
    (b)(1) Rate disparity test for the interest rate cap. The borrower 
meets this test if its average revenue per kWh sold is more than the 
average revenue per kWh sold by all electric utilities in the state in 
which the borrower provides service. To determine whether a borrower 
meets this test, RUS will compare the borrower's average total revenue 
with statewide data in the table of Average Revenue per Kilowatthour for 
Electric Utilities by Sector, Census Division and State, in the Electric 
Power Annual issued by the Energy Information Administration of the 
Department of Energy (DOE), or the successor to this table. The test 
will be based on the most recent calendar year for which full year DOE 
data are available at the time of loan approval and borrower data for 
the same year.
    (2) Consumer income test. The borrower meets this test if either the 
average per capita income of the residents receiving electric service 
from the borrower is less than the average per capita income of 
residents of the state in which the borrower provides service or the 
median household income of the households receiving electric service 
from the borrower is less than the median household income of the 
households in the state.
    (i) To qualify under the consumer income test, the borrower must 
include in its loan application information about the location of its 
residential consumers. The borrower must provide to RUS, based on the 
most recent data available at the time of loan application, either the 
number of consumers in each county it serves or the number of consumers 
in each census tract it serves. Using 5-year income data from the 
American Community Survey (ACS) or, if needed, other Census Bureau data, 
RUS will compare, on a weighted average basis, the average per capita 
and median household income of the counties or census tracts served by 
the borrower with state figures.
    (ii) If there is reason to believe that the ACS or other Census 
Bureau data does not accurately represent the economic conditions of the 
borrower's consumers, the reasons will be documented and the borrower 
may furnish, or RD may obtain, additional information regarding such 
economic conditions. Information must consist of reliable data from 
local, regional, State, or Federal sources or from a survey conducted by 
a reliable impartial source. The Administrator has the sole discretion 
to determine whether such data submitted by the borrower is sufficient 
to determine whether the borrower qualifies under the consumer income 
test.
    (3) Borrowers serving 2 or more states. If a borrower serves 
consumers in 2 or more states, the rate disparity test and the consumer 
income test will be determined on a weighted average based on the 
percentage of the borrower's total consumers that are served in each 
state.
    (c) High density test. If the average number of consumers per mile 
of the borrower's total electric system exceeds 17, the interest rate 
cap will not apply to funds used for the purpose of furnishing or 
improving electric service to consumers located in an area that is an 
urban area at the time of loan approval, notwithstanding that the area 
must have been deemed a rural area for the purpose of qualifying for a 
loan under this part. (See the definition of ``rural area'' in 7 CFR 
1710.2.) If the average number of consumers per mile of line of the 
borrower's total

[[Page 92]]

electric system exceeds 17, the borrower must include, as a note on RUS 
Form 740c, Cost Estimates and Loan Budget for Electric Borrowers, 
submitted as part of the loan application for a loan subject to the 
interest rate cap, a breakdown of funds included in the proposed loan to 
furnish or improve service to consumers located in such urban areas. For 
such borrowers only funds for those facilities serving consumers located 
outside an urban area are eligible for the interest rate cap.

[58 FR 66260, Dec. 20, 1993, as amended at 80 FR 9861, Feb. 24, 2015]



Sec.  1714.8  Hardship rate loans.

    Except as provided in paragraph (d) of this section, the 
Administrator shall make an insured electric loan for eligible purposes 
at the 5 percent hardship rate to a borrower primarily engaged in 
providing retail electric service if the borrower meets, at the time of 
loan approval, both the rate disparity test for hardship and the 
consumer income test described in paragraph (a) of this section; or the 
extremely high rates test set forth in paragraph (b) of this section. A 
loan at the 5 percent hardship rate may also be made to any borrower 
pursuant to paragraph (c) of this section who, in the sole discretion of 
the Administrator, has experienced a severe hardship. The Administrator 
may not require a loan from a supplemental source in connection with a 
hardship rate loan.
    (a)(1) Rate disparity test for hardship. The borrower meets this 
test if its average revenue per kWh sold is not less than 120 percent of 
the average revenue per kWh sold by all electric utilities in the state 
in which the borrower provides service, and its average residential 
revenue per kWh is not less than 120 percent of the average residential 
revenue per kWh sold by all electric utilities in the state in which the 
borrower provides service. To determine whether a borrower meets this 
test, RUS will compare the borrower's average total revenue and average 
residential revenue with statewide data in the table of Average Revenue 
per Kilowatthour for Electric Utilities by Sector, Census Division and 
State, in the Electric Power Annual issued by the Energy Information 
Administration of the Department of Energy (DOE), or the successor to 
this table. The test will be based on the most recent calendar year for 
which full year DOE data are available at the time of loan approval and 
borrower data for the same year.
    (2) Consumer income test. The borrower meets this test if either the 
average per capita income of the residents receiving electric service 
from the borrower is less than the average per capita income of the 
residents of the state in which the borrower provides service or the 
median household income of the residents receiving electric service from 
the borrower is less than the median household income of the households 
in the state. RUS will determine whether the borrower qualifies under 
this test according to the procedure set forth in Sec.  1714.7(b)(2).
    (3) Borrowers serving 2 or more states. If a borrower serves 
consumers in 2 or more states, the rate disparity test and the consumer 
income tests will be determined on a weighted average based on the 
percentage of the borrower's total consumers that are served in each 
state.
    (b) Extremely high rates test. Except as provided in this paragraph, 
the Administrator shall make an insured electric loan at the 5 percent 
hardship rate to any borrower whose residential revenue exceeds 15.0 
cents per kWh sold. Residential revenue shall be calculated for the most 
recent full calendar year for which data are available and shall include 
sales to both seasonal and nonseasonal consumers. If, at the time of 
loan approval, the area to be served is an urbanized area 
(notwithstanding that the area must be deemed a rural area to qualify 
for a loan under this part (See the definition of ``rural area'' in 7 
CFR 1710.2)), then the borrower must satisfy the provisions of 
paragraphs (a) and (d) of this section to qualify to the 5 percent 
hardship interest rate. If at the time of loan approval, such area is 
outside an urbanized area, the loan shall not be subject to the 
conditions and limitations set forth in paragraphs (a) and (d) of this 
section.
    (c) Administrator's discretion. The Administrator may make a 
hardship rate

[[Page 93]]

loan if, in the sole discretion of the Administrator, the borrower has 
experienced a severe hardship. The Administrator shall consider, among 
other matters, whether factors beyond the control or substantial 
influence of the borrower have had severe adverse effect on the 
borrower's ability to provide service consistent with the purposes of 
the RE Act, and which prudent management could not reasonably anticipate 
and either prevent or insure against. Among the factors that may be 
considered are system damage due to unusual weather or other natural 
disasters or Acts of God, loss of substantial loads, extreme rate 
disparity compared to a contiguous utility, and other factors that cause 
severe financial hardship. The Administrator will also consider whether 
a hardship rate loan will provide significant relief to the borrower in 
dealing with the severe hardship.
    (d) High density test. Except as provided in paragraph (b) of this 
section, if the average number of consumers per mile of the borrower's 
total electric system exceeds 17, the 5 percent hardship rate will not 
apply to funds used for the purpose of furnishing or improving electric 
service to consumers located in an area that is an urban area at the 
time of loan approval, notwithstanding that the area must have been 
deemed a rural area for the purpose of qualifying for a loan under this 
part. (See the definition of ``rural area'' in 7 CFR 1710.2.) If the 
average number of consumers per mile of line of the borrower's total 
electric system exceeds 17, the borrower must include, as a note on RUS 
Form 740c, Cost Estimates and Loan Budget for Electric Borrowers, 
submitted as part of the loan application for a loan at the 5 percent 
hardship rate, a breakdown of funds included in the proposed loan to 
furnish or improve service to consumers located in urban areas. For such 
borrowers only funds for those facilities serving consumers located 
outside an urban area are eligible for the 5 percent hardship rate.

(Approved by the Office of Management and Budget under control number 
0572-1013)



Sec.  1714.9  Prepayment of insured loans.

    This section sets out provisions for prepayment of insured electric 
loans at face value. Provisions for discounted prepayment of RUS loans 
are set out in 7 CFR part 1786.
    (a) Municipal rate loans. Loan documents for municipal rate loans 
shall provide for the following:
    (1) Prepayment on a rollover maturity date. All, or a portion of, 
the outstanding balance on any advance from a municipal rate loan may be 
prepaid on any rollover maturity date pursuant to Sec.  1714.6(a)(4).
    (2) Prepayment on a date other than a rollover maturity date. A 
borrower may elect at the time of loan approval to include a prepayment 
option (call provision) that will allow the borrower to prepay all, or a 
portion of, the outstanding balance on any advance on a date other than 
a rollover maturity date. Interest rates on advances from loans with a 
prepayment provision will be increased as set forth in Sec.  1714.4(a).
    (b) Hardship rate loans. Loan documents for hardship loans shall 
provide that the loan may be prepaid at face value at any time without 
penalty.



Sec. Sec.  1714.10-1714.49  [Reserved]

Subpart B [Reserved]



PART 1717_POST-LOAN POLICIES AND PROCEDURES COMMON TO INSURED 
AND GUARANTEED ELECTRIC LOANS--Table of Contents



Subparts A-C [Reserved]

       Subpart D_Mergers and Consolidations of Electric Borrowers

Sec.
1717.150 General.
1717.151 Definitions.
1717.152 Required documentation for all mergers.
1717.153 Transitional assistance.
1717.154 Transitional assistance in connection with new loans.
1717.155 Transitional assistance affecting new and preexisting loans.
1717.156 Transitional assistance affecting preexisting loans.
1717.157 Requests for transitional assistance.
1717.158 Mergers with borrowers who prepaid RUS loans.

[[Page 94]]

1717.159 Applications for RUS approvals of mergers.
1717.160 Application contents.
1717.161 Application process.

Subparts E-L [Reserved]

                     Subpart M_Operational Controls

1717.600 General.
1717.601 Applicability.
1717.602 Definitions.
1717.603 RUS approval of extensions and additions.
1717.604 Long-range engineering plans and construction work plans.
1717.605 Design standards, plans and specifications, construction 
          standards, and RUS accepted materials.
1717.606 Standard forms of construction contracts, and engineering and 
          architectural services contracts.
1717.607 Contract bidding requirements.
1717.608 RUS approval of contracts.
1717.609 RUS approval of general manager.
1717.610 RUS approval of compensation of the board of directors.
1717.611 RUS approval of expenditures for legal, accounting, 
          engineering, and supervisory services.
1717.612 RUS approval of borrower's bank or other depository.
1717.613 RUS approval of data processing and system control equipment.
1717.614 Notification of rate changes.
1717.615 Consolidations and mergers.
1717.616 Sale, lease, or transfer of capital assets.
1717.617 Limitations on distributions.
1717.618 Wholesale power contracts.

   Subpart N_Investments, Loans, and Guarantees by Electric Borrowers

1717.650 Purpose.
1717.651 General.
1717.652 Definitions.
1717.653 Borrowers in default.
1717.654 Transactions below the 15 percent level.
1717.655 Exclusion of certain investments, loans, and guarantees.
1717.656 Exemption of certain borrowers from controls.
1717.657 Investments above the 15 percent level by certain borrowers not 
          exempt under Sec.  1717.656(a).
1717.658 Records, reports and audits.
1717.659 Effect of this subpart on RUS loan contract and mortgage.

Subpart O [Reserved]

1717.700-1717.749 [Reserved]

Subpart P [Reserved]

1717.750-1717.799 [Reserved]

Subpart Q [Reserved]

1717.800-1717.849 [Reserved]

Subpart R_Lien Accommodations and Subordinations for 100 Percent Private 
                                Financing

1717.850 General.
1717.851 Definitions.
1717.852 Financing purposes.
1717.853 Loan terms and conditions.
1717.854 Advance approval--100 percent private financing of 
          distribution, subtransmission and headquarters facilities, and 
          certain other community infrastructure.
1717.855 Application contents: Advance approval--100 percent private 
          financing of distribution, subtransmission and headquarters 
          facilities, and certain other community infrastructure.
1717.856 Application contents: Normal review--100 percent private 
          financing.
1717.857 Refinancing of existing secured debt--distribution and power 
          supply borrowers.
1717.858 Lien subordination for rural development investments.
1717.859 Application process and timeframes.
1717.860 Lien accommodations and subordinations under section 306E of 
          the RE Act.
1717.861-1717.899 [Reserved]

 Subpart S_Lien Accommodations for Supplemental Financing Required by 7 
                              CFR 1710.110

1717.900 Qualification requirements.
1717.901 Early approval.
1717.902 Other RUS requirements.
1717.903 Liability.
1717.904 Exemptions pursuant to section 306E of the RE Act.
1717.905-1717.949 [Reserved]

Subpart T [Reserved]

1717.950-1717.999 [Reserved]

Subpart U [Reserved]

1717.1000-1717.1049 [Reserved]

Subpart V [Reserved]

1717.1050-1717.1099 [Reserved]

Subpart W [Reserved]

1717.1100-1717.1149 [Reserved]

Subpart X [Reserved]

1717.1150-1717.1199 [Reserved]

                      Subpart Y_Settlement of Debt

1717.1200 Purpose and scope.

[[Page 95]]

1717.1201 Definitions.
1717.1202 General policy.
1717.1203 Relationship between RUS and Department of Justice.
1717.1204 Policies and conditions applicable to settlements.
1717.1205 Waiver of existing conditions on borrowers.
1717.1206 Loans subsequent to settlement.
1717.1207 RUS obligations under loan guarantees.
1717.1208 Government's rights under loan documents.

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

    Source: 55 FR 38646, Sept. 19, 1990, unless otherwise noted.

Subparts A-C [Reserved]



       Subpart D_Mergers and Consolidations of Electric Borrowers

    Source: 61 FR 66871, Dec. 19, 1996, unless otherwise noted.



Sec.  1717.150  General.

    (a) This subpart establishes RUS policies and procedures for mergers 
of electric borrowers. These policies and procedures are intended to 
provide borrowers with the flexibility to negotiate and enter into 
mergers that offer advantages to the borrowers and to rural communities, 
and adequately protect the integrity and credit quality of RUS loans and 
loan guarantees.
    (b) Consistent with prudent lending practices, the maintenance of 
adequate security for RUS loans and loan guarantees, and the objectives 
of the Rural Electrification Act of 1936, as amended, (7 U.S.C. 901 et 
seq.) (RE Act), RUS encourages electric borrowers to consider mergers 
when such action is likely to contribute, in the long-term, to greater 
operating efficiency and financial soundness. Borrowers are specifically 
encouraged to explore mergers that are likely to enhance the ability of 
the successor to provide reliable electric service at reasonable cost to 
RE Act beneficiaries.
    (c) Pursuant to the loan documents and RUS regulations, certain 
mergers are subject to RUS approval. See Sec.  1717.615.
    (d) Since RUS must take action in order to advance funds and 
otherwise conduct business with a successor, RUS encourages borrowers to 
consult RUS early in the process regardless of whether RUS approval of 
the merger is required. RUS will provide technical assistance and 
guidance to borrowers to help expedite the processing of their requests 
and to help resolve potential problems early in the process.



Sec.  1717.151  Definitions.

    The definitions set forth in 7 CFR 1710.2 are applicable to this 
subpart unless otherwise stated. In addition, for the purpose of this 
subpart, the following terms shall have the following meanings:
    Active borrower means an electric borrower that has, on the 
effective date, an outstanding insured or guaranteed loan from RUS for 
rural electrification, and whose eligibility for future RUS financing is 
not restricted pursuant to 7 CFR part 1786.
    Active distribution borrower means an electric distribution borrower 
that has, on the effective date, an outstanding insured or guaranteed 
loan from RUS for rural electrification, and whose eligibility for 
future RUS financing is not restricted pursuant to 7 CFR part 1786.
    Consolidation. See Merger.
    Coverage ratios means collectively TIER, OTIER, DSC and ODSC, as 
these terms are defined in 7 CFR 1710.2.
    Effective date means the date a merger is effective pursuant to 
applicable state law.
    Former distribution borrower means any organization that
    (1) Sells or intends to sell electric power and energy at retail;
    (2) At one time had an outstanding loan made or guaranteed by RUS, 
or its predecessor the Rural Electrification Administration (REA) for 
rural electrification; and
    (3) Either repaid such loans at face value or prepaid pursuant to 7 
CFR part 1786.
    Loan documents means the mortgage (or other security instrument 
acceptable to RUS), the loan contract, and the promissory note(s) 
entered into between the borrower and RUS.
    Merger means:
    (1) A consolidation where two or more companies are extinguished and 
a new successor is created, acquiring the

[[Page 96]]

assets, liabilities, franchises and powers of those passing out of 
existence;
    (2) A merger where one company is absorbed by another, the former 
ceasing to exist as a separate business entity, and the latter retaining 
its own identity and acquiring the assets, liabilities, franchises and 
powers of the former; or
    (3) A transfer of mortgaged property by one company to another where 
the transferee acquires substantially as an entirety the assets, 
liabilities, franchises, and powers of the transferor.
    New loan means a loan to a successor approved by RUS on or after the 
effective date.
    Preexisting loan means a loan to a borrower approved by RUS prior 
to, and outstanding on the effective date.
    Successor means the entity that continues as the surviving business 
entity as of the effective date, and acquires all the assets, 
liabilities, franchises, and powers of the entity or entities ceasing to 
exist as of the effective date.
    Transitional assistance means financial relief provided to borrowers 
by RUS during a limited period of time following a merger.



Sec.  1717.152  Required documentation for all mergers.

    In order for RUS to advance funds, send bills, and otherwise conduct 
business with a successor, the documents listed in this section must be 
submitted to RUS regardless of the need for RUS approval of the merger. 
Borrowers are responsible for ensuring that these documents are received 
by RUS in timely fashion. In cases of mergers that require RUS approval, 
or cases where borrowers must submit requests for transitional 
assistance, the documents listed in this section may be combined with 
the documents required by Sec.  1717.157 and/or Sec.  1717.160 where 
appropriate.
    (a) Prior to the effective date, borrowers must submit:
    (1) A transmittal letter on corporate letterhead signed by the 
manager of each active borrower that is a party to the proposed merger 
indicating the borrower's intention to merge and tentative timeframes, 
including the proposed effective date;
    (2) An original certified board resolution from each party to the 
proposed merger affirming the board's support of the merger;
    (3) All documents necessary to evidence the merger pursuant to 
applicable law. Examples include plan of merger, articles of merger, 
amended articles of incorporation, bylaws, and notices and filings 
required by law. These documents may be copies of documents filed 
elsewhere, unless otherwise specified by RUS; and
    (4) A letter addressed to the Administrator from the counsel of at 
least one of the active borrowers briefly describing the merger and 
indicating the relevant statutes under which the merger will be 
consummated.
    (b) On or after the effective date, borrowers must submit:
    (1) An opinion of counsel from the successor addressing, among other 
things, any pending litigation, proper authorization and consummation of 
the merger, proper filing and perfection of RUS' security interest, and 
all approvals required by law. RUS will provide the form of the opinion 
of counsel to the successor;
    (2) A letter signed by the manager of the successor advising RUS of 
the effective date of the merger; the corporate name, address, and phone 
number; the names of the officers of the successor; and the taxpayer 
identification number; and
    (3) Evidence of proper filing and perfection of RUS' security 
interest, as instructed by RUS, and an executed loan contract.



Sec.  1717.153  Transitional assistance.

    RUS recognizes that short-term financial stresses can follow even 
the most beneficial mergers. To help stabilize electric rates, enhance 
the credit quality of outstanding loans made or guaranteed by the 
Government, and otherwise ease the transition period before the long-
term efficiencies and economies of a merger can be realized, RUS may 
approve one or more types of transitional assistance to a successor 
under the conditions set forth in this part.

[[Page 97]]



Sec.  1717.154  Transitional assistance in connection with new loans.

    Requests for transitional assistance in connection with new loans 
may be submitted to RUS no later than the loan application.
    (a) Loan processing priority. (1) RUS loans are generally processed 
in chronological order based on the date the complete application is 
received in the regional or division office. At the borrower's request, 
RUS may offer loan processing priority for the first loan to a 
successor, provided that the loan is approved by RUS not later than 5 
years after the effective date of the merger. In considering the 
request, the Administrator will take into account, among other factors, 
the amount of the loan application, whether there is a significant 
backlog in pending loan applications, the impact that loan priority 
would have on the backlog, the savings and efficiencies to be realized 
from the merger and the relative importance of loan priority to 
facilitating the merger. The Administrator may, in his or her sole 
discretion, grant or decline to grant priority, or grant priority for a 
limited amount of the loan application while deferring for later 
consideration the remainder of the application.
    (2) For any subsequent loans approved during those 5 years, RUS may 
offer loan processing priority. In reviewing requests for loan 
processing priority on subsequent loans, RUS will consider the loan 
authority for the fiscal year, the borrower's projected cash flows, its 
electric rates and rate disparity, and the likely mitigation effects of 
priority loan processing. See 7 CFR 1710.108 and 1710.119.
    (3) Loan processing priority is available following any merger where 
at least one of the merging parties is an active borrower.
    (b) Supplemental financing. (1) RUS generally requires that an 
applicant for a municipal rate loan obtain a portion of its debt 
financing from a supplemental source without an RUS guarantee. See 7 CFR 
1710.110. RUS will, at the borrower's request, waive the requirement to 
obtain supplemental financing for the first RUS loan approved after the 
effective date if that first loan is a municipal rate loan whose loan 
period does not exceed 2 years, and the loan is approved by RUS not 
later than 5 years after the effective date. For any subsequent loans 
approved during these 5 years, or if the borrower requests a loan period 
longer than 2 years, RUS may, subject to the availability of loan funds, 
waive or reduce the amount of supplemental financing required. In 
reviewing requests to reduce or waive supplemental financing on 
subsequent loans or on loans with a loan period longer than 2 years, RUS 
will consider the differences in interest rates between RUS and 
supplemental loans and the impacts of this difference on the borrower's 
projected cash flows and its electric rates and rate disparity. If 
significant differences would result, the waiver will be granted.
    (2) Waiver of supplemental financing may be available if:
    (i) All parties to the merger are active distribution borrowers, or
    (ii) At least one of the merging parties is an active distribution 
borrower, all merging parties are either active distribution borrowers 
or former distribution borrowers, and the merger is effective after 
December 19, 1996.
    (c) Reimbursement of general funds and interim financing. (1) 
Borrowers may request RUS loan funds to reimburse general funds and/or 
interim financing used to finance equipment and facilities included in a 
RUS approved construction work plan or amendment if the construction was 
completed immediately preceding the current loan period. This 
reimbursement period is generally limited to 48 months. See 7 CFR 
1710.109. RUS may, in connection with the first RUS loan approved after 
the effective date, approve a reimbursement period of up to 48 months 
prior to the current loan period if the loan is approved not later than 
5 years after the effective date. In reviewing requests for this longer 
reimbursement period, RUS will consider the stresses that the 
transaction and other costs of entering into the merger places on the 
borrower's rates and cash flows, and the mitigating effects of more 
generous reimbursement.
    (2) A longer reimbursement period may be available if:
    (i) All parties to the merger are active distribution borrowers, or

[[Page 98]]

    (ii) At least one of the merging parties is an active distribution 
borrower, all merging parties are either active distribution borrowers 
of former distribution borrowers, and the merger is effective after 
December 19, 1996.

[61 FR 66871, Dec. 19, 1996, as amended at 67 FR 58322, Sept. 16, 2002; 
86 FR 36197, July 9, 2021]



Sec.  1717.155  Transitional assistance affecting new and preexisting loans.

    Requests for transitional assistance affecting new and preexisting 
loans must be received by RUS no later than 2 years after the effective 
date.
    (a) Section 12 deferments. (1) Section 12 of the RE Act (7 U.S.C. 
912) allows RUS to extend the time of payment of interest or principal 
of RUS loans. Section 12 deferments do not extend the final maturity of 
the loan; lower payments during the deferment period result in higher 
payments later. Therefore, RUS may approve a Section 12 deferment of 
loan payments of up to 5 years only if such deferments will help to 
avoid substantial increases in retail electric rates during the 
transition period, without placing borrowers in financial stress after 
the deferment period.
    (2) Section 12 deferment may be available following any merger where 
at least one of the merging parties is an active borrower.
    (b) Coverage ratios. Required levels for coverage ratios are set 
forth in 7 CFR 1710.114 and in the loan documents. RUS may approve a 
plan, on a case by case basis, that provides for a phase-in period for 
these coverage ratios of up to 5 years from the effective date. Under 
such a plan the successor would be permitted to project and achieve 
lower levels for one or more of these coverage ratios during the phase-
in period.
    (1) A phase-in plan for coverage ratios must provide a pro forma 
level for each ratio during each year of the phase-in period and be 
supported by a financial forecast covering a period of not less than 10 
years from the effective date of the merger. The plan must demonstrate 
that a minimum TIER level of 1.00 will be achieved in each year, that 
trends will be generally favorable, that the borrower will achieve the 
levels required in its loan documents and RUS regulations by the end of 
the phase-in period, and that these levels will be maintained in 
subsequent years.
    (2) In reviewing phase-in plans for coverage ratios, RUS will review 
rates, rate disparity, and likely mitigating effects of the proposed 
phase-in plan.
    (3) The borrower is responsible for obtaining approvals of 
supplemental lenders.
    (4) Upon RUS approval of a phase-in plan, the levels in that plan 
will be substituted for the levels required in the borrower's 
preexisting loan documents and will be incorporated in any new loan or 
security documents.
    (5) A phase in plan for coverage ratios may be available if:
    (i) All parties to the merger are active distribution borrowers, or
    (ii) At least one of the merging parties is an active distribution 
borrower, all merging parties are either active distribution borrowers 
or former distribution borrowers, and the merger is effective after 
December 19, 1996.



Sec.  1717.156  Transitional assistance affecting preexisting loans.

    The fund advance period for an insured loan, which is the period 
during which RUS may advance loan funds to a borrower, terminates 
automatically after a specific period of time. See 7 CFR 1714.56. If, on 
the effective date the original fund advance period or the fund advance 
period as extended pursuant to 7 CFR 1714.56(c), on any preexisting RUS 
loan to any of the active borrowers involved in a merger has not 
terminated, such fund advance period shall be automatically lengthened 
by 2 years. On the borrower's request RUS will prepare documents 
necessary for the advance of loan funds. RUS will prepare documents for 
the borrower's execution that will reflect this extension and will 
provide the legal authority for RUS to advance funds to the successor.

[[Page 99]]



Sec.  1717.157  Requests for transitional assistance.

    (a) If the merger requires RUS approval, the borrower should, where 
possible, indicate that it desires transitional assistance at the time 
it requests approval of the merger. The formal request for transitional 
assistance must be received by RUS as specified in Sec. Sec.  1717.155 
and 171.156. Documents listed in this section may be combined with the 
documents required by Sec. Sec.  1717.152 and/or 1717.160 where 
appropriate. If the request for transitional assistance is submitted at 
the same time as a loan application, documents listed in this section 
may be combined with the loan application documents where appropriate. 
See 7 CFR part 1710, subpart I. A request for transitional assistance 
must include:
    (1) Transmittal letter(s) formally listing the types of transitional 
assistance requested. If the request is submitted before the effective 
date, a transmittal letter must be signed by the manager of each party 
to the transaction. If the request is submitted on or after the 
effective date, a transmittal letter must be signed by the manager of 
the successor. Transmittal letter(s) must be signed originals on 
corporate letterhead stationery;
    (2) Board resolution(s). If the request is submitted before the 
effective date, a separate board resolution must be submitted from each 
entity involved in the merger. If the request is submitted on or after 
the effective date, a board resolution from the successor must be 
submitted. Each board resolution must be a certified original;
    (3) A merger plan, financial forecasts, and any available studies 
such as net present value analyses showing the anticipated costs and 
benefits of the merger and likely timeframes for the merger. The merger 
plan must clearly identify those benefits that cannot be achieved 
without a merger, and those benefits that can be achieved through other 
means;
    (4) If the transitional assistance requires RUS approval, the type 
and extent of the mitigation that the transitional assistance is 
expected to provide; and
    (5) Other information that may be relevant.
    (b) Borrowers are responsible for ensuring that requests for 
transitional assistance are complete and sound in form and substance 
when they are submitted to RUS. After submitting a request, borrowers 
shall promptly notify RUS of any changes or events that materially 
affect the request or any information in the request.
    (c) In considering whether to approve requests for transitional 
assistance, RUS will evaluate the costs and benefits of the merger; the 
type and extent of the likely transitional stress; whether the 
transitional assistance requested is likely to materially mitigate such 
stress; and the likely impacts on electric rates and on the security of 
RUS loans. Review factors applicable to each type of transitional 
assistance are set forth in Sec. Sec.  1717.154-1717.156.



Sec.  1717.158  Mergers with borrowers who prepaid RUS loans.

    In some cases, an active distribution borrower may merge with a 
borrower that has prepaid RUS debt at a discount pursuant to 7 CFR part 
1786, and whose eligibility for future RUS financing is thereby 
restricted. During the period when the restrictions on future financing 
are in effect, the successor will be eligible for RUS loans to finance 
facilities to serve consumers located in the territory that was served 
by the active distribution borrower immediately prior to the effective 
date, provided that other requirements for loan eligibility are met.



Sec.  1717.159  Applications for RUS approvals of mergers.

    If a proposed merger requires RUS approval according to RUS 
regulations and/or the loan documents executed by any of the active 
borrowers involved, the application must be submitted to RUS not later 
than 90 days prior to the effective date of the proposed borrower 
action. A distribution borrower should consult with its assigned RUS 
general field representative, and a power supply borrower with the 
Director, Power Supply Division for general information prior to 
submitting the request.



Sec.  1717.160  Application contents.

    An application for RUS approval of a merger must include the 
documents

[[Page 100]]

listed in this section. Documents listed in this section may be combined 
with the documents required by Sec. Sec.  1717.152 and/or 1717.157 where 
appropriate.
    (a) Transmittal letters signed by the managers of all borrowers and 
non-borrowers who are parties to the proposed merger. These letters must 
include the actual corporate name, address, and taxpayer identification 
number of all parties to the proposed merger. The transmittal letters 
must be signed originals on corporate letterhead stationery.
    (b) Resolutions from the boards of directors of all borrowers and 
non-borrowers who are parties to the proposed merger. This document is 
the formal request by each entity for RUS approval of the proposed 
merger. The board resolution must include a description of the proposed 
merger, including timeframes, and authorization for RUS to release 
appropriate information to supplemental or other lenders, and for these 
lenders to release appropriate information to RUS. Each board resolution 
must be a certified original.
    (c) Evidence that the proposed merger will result in a viable 
entity, and that the security of outstanding RUS loans will not be 
adversely affected by the action. This evidence shall include financial 
forecasts, and any available studies such as net present value analyses 
covering a period of not less than 10 years from the effective date of 
the merger, as well as information about any threatened actions by other 
parties that could adversely affect the financial condition of any of 
the parties to the proposed merger, or of the successor. Such threatened 
actions may include annexations or other actions affecting service 
territory, loads, rates or other such matters.
    (d) Regulatory information about pending federal or state 
proceedings pertaining to any of the parties that could have material 
effects on the successor.
    (e) Rate information. Distribution and power supply borrowers shall 
submit schedules of proposed rates after the merger, including the 
effects of the proposed action on rates and the status of any pending 
rate cases before a state regulatory authority. The rates of power 
supply borrowers are subject to RUS approval. If rates are not projected 
to change after the merger, a statement to that effect will suffice.
    (f) Area coverage and line extension policies. If any distribution 
systems are parties to the proposed merger, a statement of proposed area 
coverage and line extension policies for the successor.



Sec.  1717.161  Application process.

    (a) Borrowers are responsible for ensuring that their applications 
for RUS approval of a merger are complete and sound in form and 
substance when they are submitted to RUS. After submitting an 
application, borrowers shall promptly notify RUS of any changes or 
events that materially affect the application or any information in the 
application.
    (b) In reviewing borrower requests for approval of mergers, RUS will 
consider the likely effects of the action on the ability of the 
successor to provide reliable electric service at reasonable cost to RE 
Act beneficiaries and on the security of outstanding RUS loans. Among 
the factors RUS will consider are whether the proposed merger is likely 
to:
    (1) Contribute to greater operating efficiency and financial 
soundness;
    (2) Mitigate high electric rates and or rate disparity;
    (3) Help borrowers to diversify their loads or otherwise hedge 
risks;
    (4) Have beneficial effects on rural economic development in the 
community served by the borrower, such as diversifying the economic base 
or alleviating unemployment; and
    (5) Provide other benefits consistent with the purposes of the RE 
Act.
    (c) RUS will not approve a merger if, in the sole judgment of the 
Administrator, such action is likely to have an adverse effect on the 
credit quality of outstanding loans made or guaranteed by the 
Government. RUS will thoroughly review each request for approval of such 
action, including review of the feasibility and security of outstanding 
Government loans according to the standards in 7 CFR 1710.112 and 
1710.113, respectively, and in other RUS regulations.
    (d) RUS will keep the borrowers apprised of the progress of their 
applications.

[[Page 101]]

Subparts E-L [Reserved]



                     Subpart M_Operational Controls

    Source: 60 FR 67405, Dec. 29, 1995, unless otherwise noted.



Sec.  1717.600  General.

    (a) General. The loan contract and mortgage between the Rural 
Utilities Service (RUS) and electric borrowers imposes certain 
restrictions and controls on the borrowers and gives RUS (and other co-
mortgagees in the case of the mortgage) the right to approve or 
disapprove certain actions contemplated by the borrowers. Certain of 
these controls and approval rights are referred to informally as 
``operational controls'' because they pertain to decisions or actions 
with respect to the operation of the borrowers' electric systems. The 
approval authority granted to RUS by the loan contract or mortgage 
regarding each decision or action subject to controls is often stated in 
broad, unlimited terms. This subpart lists the main operational controls 
affecting borrowers and establishes for each area of control the 
circumstances under which RUS approval of a decision or action by a 
borrower is either required or not required. In some cases, only the 
general principles or general circumstances pertaining to RUS approval 
or control are presented in this subpart, while the details regarding 
the circumstances and requirements of RUS approval or control are set 
forth in other RUS regulations. Since this subpart addresses only the 
main operational controls, failure to address a control or approval 
right in this subpart in no way invalidates such controls or rights 
established by the loan contract, mortgage, other agreements between a 
borrower and RUS, and RUS regulations.
    (b) Case by case amendments. Upon written notice to a borrower, RUS 
may amend or annul the approvals and exceptions to controls set forth in 
this subpart or other RUS regulations if the borrower is in violation of 
any provision of its loan documents or any other agreement with RUS, or 
if RUS determines that loan security and/or repayment is threatened. 
Such amendment or annulment will apply to decisions and actions of the 
borrower after said written notice has been provided by RUS.
    (c) Generic notices. By written notice to all borrowers or a group 
of borrowers, RUS may grant or waive approval of decisions and actions 
by the borrowers that are controlled under the loan documents and RUS 
regulations. RUS may also by written notice withdraw or cut back its 
grant or waiver of approval of said decisions and actions made by 
previous written notice, but may not by such notice extend its authority 
to approve decisions and actions by borrowers beyond the authority 
granted by the loan documents and RUS regulations.



Sec.  1717.601  Applicability.

    (a) The approvals and exceptions to controls conveyed by this 
subpart apply only to controls and approval rights normally included in 
RUS loan documents dated prior to January 29, 1996. They do not apply to 
special controls and approval requirements included in loan documents or 
other agreements executed between a borrower and RUS that relate to 
individual problems or circumstances specific to an individual borrower.
    (b) The approvals and exceptions to controls granted by RUS in this 
subpart shall not in any way affect the rights of other co-mortgagees 
under the mortgage or their loan contracts.



Sec.  1717.602  Definitions.

    Terms used in this subpart that are not defined in this section have 
the meanings set forth in 7 CFR part 1710. In addition, for the purposes 
of this subpart:
    Default means an event of default as defined in the borrower's loan 
documents or other agreement with RUS, and furthermore includes any 
event that has occurred and is continuing which, with notice or lapse of 
time and notice, would become an event of default.
    Equity means the borrower's total margins and equities computed 
pursuant to RUS accounting requirements but excluding any regulatory 
created assets.
    Financed or funded by RUS means financed or funded wholly or in part 
by

[[Page 102]]

a loan made or guaranteed by RUS, including concurrent supplemental 
loans required by 7 CFR 1710.110, loans to reimburse funds already 
expended by the borrower, and loans to replace interim financing.
    Interchange agreement means a contractual arrangement that can 
include a variety of services utilities provide each other to increase 
reliability and efficiency, and to avoid duplicating expenses. Some 
examples are: transmission service (the use of transmission lines to 
move power and energy from one area to another); emergency service (an 
agreement by one utility to furnish another with power and energy to 
protect it in times of emergency, such as power plant outages); reserve 
sharing (contributions to a common pool of generating plant reserves so 
that each individual utility's reserves can be reduced); and economic 
exchanges (swapping power and energy from different plants to avoid 
running the most expensive units).
    Interconnection agreement means a contract governing the terms for 
establishing or using one or more electrical connections between two or 
more electric systems permitting a flow of power and energy among the 
systems.
    Loan documents means the mortgage (or other security instrument 
acceptable to RUS), the loan contract, and the promissory note entered 
into between the borrower and RUS.
    Net utility plant means the amount constituting the total utility 
plant of the borrower, less depreciation, computed in accordance with 
RUS accounting requirements.
    Pooling agreement means a contract among two or more interconnected 
electric systems to operate on a coordinated basis to achieve economies 
and/or enhance reliability in supplying their respective loads.
    Power supply contract means any contract entered into by a borrower 
for the sale or purchase, at wholesale, of electric energy.
    Regulatory created assets means the sum of any amounts properly 
recordable as unrecovered plant and regulatory study costs or as other 
regulatory assets, computed pursuant to RUS accounting requirements.
    RUS accounting requirements means the system of accounts prescribed 
for electric borrowers by RUS regulations as such RUS accounting 
requirements exist at the date of applicability thereof.
    RUS regulations mean regulations of general applicability published 
by RUS from time to time as they exist at the date of applicability 
thereof, and shall also include any regulations of other federal 
entities which RUS is required by law to implement.
    Total assets means an amount constituting the total assets of the 
borrower as computed pursuant to RUS accounting requirements, but 
excluding any regulatory created assets.
    Wheeling agreement means a contract providing for the use of the 
electric transmission facilities of one electric utility to transmit 
power and energy of another electric utility or other entity to a third 
party. Such transmission may be accomplished directly or by 
displacement.



Sec.  1717.603  RUS approval of extensions and additions.

    (a) Distribution borrowers. Prior written approval by RUS is 
required for a distribution borrower to extend or add to its electric 
system if the extension or addition will be financed by RUS. For 
extensions and additions that will not be financed by RUS, approval is 
hereby given to distribution borrowers to make such extensions and 
additions to their electric systems, including the use of (or commitment 
to use) general funds of the borrower, except for the following:
    (1) Construction, procurement, or leasing of generating facilities 
if the combined capacity of the facilities to be built, procured, or 
leased, including any future facilities included in the planned project, 
will exceed the lesser of 5 megawatts or 30 percent of the borrower's 
equity;
    (2) Acquisition or leasing of existing electric facilities or 
systems in service whose purchase price, or capitalized value in the 
case of a lease, exceeds 10 percent of the borrower's net utility plant; 
and
    (3) Construction, procurement, or leasing of electric facilities to 
serve a customer whose annual kWh purchases

[[Page 103]]

or maximum annual kW demand in the foreseeable future is projected to 
exceed 25 percent of the borrower's total kWh sales or maximum kW demand 
in the year immediately preceding the acquisition or start of 
construction.
    (b) Power supply borrowers. Prior written approval by RUS is 
required for a power supply borrower to extend or add to its electric 
system if the extension or addition will be financed by RUS. 
Requirements for RUS approval of extensions and additions that will not 
be financed by RUS are set forth in other RUS regulations.
    (c) Additional details. Additional details relating to RUS approval 
of extensions and additions of a borrower's electric system financed by 
RUS are set forth in other RUS regulations, e.g., in 7 CFR parts 1710 
and 1726.



Sec.  1717.604  Long-range engineering plans and construction work plans.

    (a) All borrowers are required to maintain up-to-date long-range 
engineering plans and construction work plans (CWPs) in form and 
substance as set forth in 7 CFR part 1710, subpart F.
    (b) Applications for financing from RUS must be supported by a CWP 
approved by RUS.
    (c) RUS approval is not required for CWPs if the borrower does not 
intend to seek RUS financing for any of the facilities, equipment, or 
other purposes included in those plans. However, if requested by RUS, a 
borrower must provide an informational copy of such plans to RUS.

[60 FR 67405, Dec. 29, 1995, as amended at 86 FR 36197, July 9, 2021]



Sec.  1717.605  Design standards, plans and specifications, 
construction standards, and RUS accepted materials.

    All borrowers, regardless of the source of funding, are required to 
comply with applicable RUS requirements with respect to system design, 
construction standards, and the use of RUS accepted materials. Borrowers 
must comply with applicable RUS requirements with respect to plans and 
specifications only if the construction or procurement will be financed 
by RUS. These requirements are set forth in other RUS regulations, 
especially in 7 CFR parts 1724 and 1728.



Sec.  1717.606  Standard forms of construction contracts, and engineering 
and architectural services contracts.

    All borrowers are encouraged to use the standard forms of contracts 
promulgated by RUS for construction, materials, equipment, engineering 
services, and architectural services, regardless of the source of 
funding for such construction and services. Borrowers are required to 
use these standard forms of contracts only if the construction, 
procurement or services are financed by RUS, and only to the extent 
required by RUS regulations. RUS requirements with respect to such 
standard forms of contract are set forth in 7 CFR part 1724 for 
architectural and engineering services, and in 7 CFR part 1726 for 
construction, materials, and equipment.



Sec.  1717.607  Contract bidding requirements.

    Borrowers must follow RUS requirements regarding bidding for 
contracts for construction, materials, and equipment only if financing 
of the construction or procurement will be provided by RUS. These 
requirements are set forth in 7 CFR part 1726.



Sec.  1717.608  RUS approval of contracts.

    (a) Construction contracts and architectural and engineering 
contracts. RUS approval of contracts for construction and procurement 
and for architectural and engineering services is required only when 
such construction, procurement or services are financed by RUS. Detailed 
requirements regarding RUS approval of such contracts are set forth in 7 
CFR part 1724 for architectural and engineering services, and in 7 CFR 
part 1726 for construction and procurement.
    (b) Large retail power contracts. RUS is required to be notified of 
contracts to sell electric power to retail customers if the contract is 
for longer than 5 years and the kWh sales or kW demand for any year 
covered by the contract exceeds 25 percent of the borrower's total kWh 
sales or maximum kW demand for the year immediately preceding execution 
of the contract. The requirement in this paragraph (b) applies 
regardless of the source of funding of any plant extensions, additions 
or

[[Page 104]]

improvements that may be involved in connection with the contract.
    (c) Power supply arrangements. (1) Power supply contracts (including 
but not limited to economy energy sales and emergency power and energy 
sales), interconnection agreements, interchange agreements, wheeling 
agreements, pooling agreements, and any other similar power supply 
arrangements subject to approval by RUS are deemed approved if they have 
a term of 5 years or less. Amendments to said power supply arrangements 
are also deemed approved provided that the amendment does not extend the 
term of the arrangement for more than 5 years beyond the date of the 
amendment.
    (2) Any amendment to a schedule or exhibit contained in any power 
supply arrangement subject to RUS approval, which merely has the effect 
of either altering a list of interconnection or delivery points or 
changing the value of a variable term (but not the formula itself) 
contained in a formulary rate or charge is deemed approved.
    (3) The provisions of this paragraph (c) apply regardless of whether 
the borrower is a seller or purchaser of the services furnished by the 
contracts or arrangements, and regardless of whether or not a Federal 
power marketing agency is a party to any of them.
    (d) System management and maintenance contracts. RUS approval of 
contracts for the management and operation of a borrower's electric 
system or for the maintenance of the electric system is required only if 
such contracts cover all or substantially all of the electric system.
    (e) Other contracts. [Reserved]

[60 FR 67405, Dec. 29, 1995, as amended at 86 FR 36197, July 9, 2021]



Sec.  1717.609  RUS approval of general manager.

    (a) If a borrower's mortgage or loan contract grants RUS the 
unconditioned right to approve the employment and/or the employment 
contract of the general manager of the borrower's system, such approval 
is hereby granted provided that the borrower is in compliance with all 
provisions of its loan documents and any other agreements with RUS.
    (b) If a borrower is in default with respect to any provision of its 
loan documents or any other agreement with RUS:
    (1) Such borrower, if directed in writing by RUS, shall replace its 
general manager within 30 days after the date of such written notice; 
and
    (2) Such borrower shall not hire a general manager without prior 
written approval by RUS.



Sec.  1717.610  RUS approval of compensation of the board of directors.

    If a borrower's mortgage or loan contract requires the borrower to 
obtain approval from RUS for compensation provided to members of the 
borrower's board of directors, such requirement is hereby waived.



Sec.  1717.611  RUS approval of expenditures for legal, accounting, 
engineering, and supervisory services.

    (a) If a borrower's mortgage or loan contract requires the borrower 
to obtain approval from RUS before incurring expenses for legal, 
accounting, supervisory (other than for the management and operation of 
the borrower's electric system, see Sec.  1717.608(d)), or other similar 
services, such approval is hereby granted. However, while expenditures 
for accounting do not require RUS approval, the selection of a certified 
public accountant by the borrower to prepare audited reports required by 
RUS remains subject to RUS approval.
    (b) If a borrower's mortgage or loan contract requires the borrower 
to obtain approval from RUS before incurring expenses for engineering 
services, such approval is hereby granted if such services will not be 
financed by RUS. Approval requirements with respect to engineering 
services financed by RUS are set forth in other RUS regulations.



Sec.  1717.612  RUS approval of borrower's bank or other depository.

    If a borrower's mortgage or loan contract gives RUS the authority to 
approve the bank or other depositories used by the borrower, such 
approval is hereby granted. However, without the prior written approval 
of RUS, a borrower shall not deposit funds from loans made or guaranteed 
by RUS in

[[Page 105]]

any bank or other depository that is not insured by the Federal Deposit 
Insurance Corporation or other Federal agency acceptable to RUS, or in 
any account not so insured.



Sec.  1717.613  RUS approval of data processing and system control equipment.

    If a borrower's mortgage or loan contract requires the borrower to 
obtain approval from RUS before purchasing data processing equipment or 
system control equipment, such approval is hereby granted if the 
equipment will not be financed by RUS.



Sec.  1717.614  Notification of rate changes.

    If a distribution borrower is required by its loan documents to 
notify RUS in writing of proposed changes in electric rates more than 30 
days prior to the effective date of such rates, the required 
notification period shall be 30 days. Moreover, such notification shall 
be required only upon the request of RUS.



Sec.  1717.615  Consolidations and mergers.

    A distribution or power supply borrower may without the prior 
approval of RUS, consolidate or merge with any other corporation or 
convey or transfer the mortgaged property substantially as an entirety 
if the following conditions are met:
    (a) Such consolidation, merger, conveyance or transfer shall be on 
such terms as shall fully preserve the lien and security of the RUS 
mortgage and the rights and powers of the mortgagees;
    (b) The entity formed by such consolidation or with which the 
borrower is merged or the corporation which acquires by conveyance or 
transfer the mortgaged property substantially as an entirety shall 
execute and deliver to the mortgagees a mortgage supplemental in 
recordable form and containing an assumption by such successor entity of 
the due and punctual payment of the principal of and interest on all of 
the outstanding notes and the performance and observance of every 
covenant and condition of the mortgage;
    (c) Immediately after giving effect to such transaction, no default 
under the mortgage shall have occurred and be continuing;
    (d) The borrower shall have delivered to the mortgagees a 
certificate of its general manager or other officer, in form and 
substance satisfactory to each of the mortgagees, which shall state that 
such consolidation, merger, conveyance or transfer and such supplemental 
mortgage comply with this section and that all conditions precedent 
herein provided for relating to such transaction have been complied 
with;
    (e) The borrower shall have delivered to the mortgagees an opinion 
of counsel in form and substance satisfactory to each of the mortgagees; 
and
    (f) The entity formed by such consolidation or with which the 
borrower is merged or the corporation which acquires by conveyance or 
transfer the mortgaged property substantially as an entirety shall be an 
entity having:
    (1) Equity equal to at least 27% of its total assets on a pro forma 
basis after giving effect to such transaction;
    (2) A pro forma TIER of not less than 1.25 and a pro forma DSC of 
not less than 1.25 for each of the two preceding calendar years;
    (3) Net utility plant equal to or greater than 1.0 times its total 
long-term debt on a pro forma basis.

[60 FR 67405, Dec. 29, 1995, as amended at 65 FR 51748, Aug. 25, 2000; 
67 FR 70153, Nov. 21, 2002]



Sec.  1717.616  Sale, lease, or transfer of capital assets.

    (a) The term ``disposition'' in this part shall mean any sale, 
lease, or any other transaction in which the borrower transfers an 
interest in a capital asset to another entity or person.
    (b) A borrower may, without the prior approval of RUS, sell, lease, 
transfer, or otherwise dispose of any capital asset if the following 
conditions are met:
    (1) The borrower is not in default on any of its obligations to RUS;
    (2) In the most recent year for which data is available, the 
borrower has met its coverage ratios as set forth in 7 CFR 1710.114(b) 
or other financial requirements as established by their mortgages, loan 
contracts, or other security agreements;

[[Page 106]]

    (3) The sale, lease, transfer, or disposition of assets will not 
reduce the borrower's existing or future requirements for energy or 
capacity being furnished to the borrower under any wholesale power 
contract which has been pledged as security to the government;
    (4) Fair market value is obtained for the assets;
    (5) No employee or board member of the organization has a direct 
personal financial interest in the disposition of the capital assets;
    (6) The aggregate value of assets sold, leased, transferred, or 
disposed of in any 12-month period is less than 10 percent of the 
borrower's net utility plant prior to the disposition, not to exceed 
$10,000,000.00; and
    (7) If the disposition of the capital asset:
    (i) Results in the borrower not retaining an interest in the asset; 
or
    (ii) Constitutes a ``capital lease'' under 7 CFR 1767.15(s)(1) and 
the borrower does not retain the right to utilize the asset during the 
term of the lease, and the borrower disposes of the proceeds, less 
ordinary and reasonable expenses incident to such disposition, in a 
manner consistent with paragraph (e) of this section.
    (c) The requirements for all dispositions include:
    (1) The borrower shall receive fair market value for the disposition 
of capital assets;
    (2) The sale shall be in the best interests of the creditors;
    (3) All approvals required by law, by the articles of incorporation, 
by the bylaws of the seller, or by all the creditors, shall be obtained 
prior to delivery of the assets;
    (4) In the case of dispositions involving exchanges or trades of a 
plant in place between an RUS borrower and a non-RUS borrower, the 
borrower must provide evidence, satisfactory to RUS, that the exchange 
or trade is equitable to the RUS borrower and that the plant acquired in 
the exchange or trade can be economically integrated into the borrower's 
system; and
    (5) Unless the seller, as an existing RUS borrower is dissolved, its 
electric system after the disposition will constitute a satisfactory 
operating unit and the disposition of the asset will not jeopardize the 
repayment of the seller's RUS loan and other loans or impair the 
collateral serving as security for all RUS loans. If the purchaser is a 
RUS borrower, the same determinations shall also be made with respect to 
the purchaser's operations and loan repayment.
    (d) The methods of handling disposition include:
    (1) Dispositions of capital assets generally shall be for cash 
except as otherwise approved by RUS in writing.
    (2) If the disposition of the assets is not subject to RUS approval 
as provided in paragraph (b) of this section but the purchaser requires 
the government to release its lien on the assets subject to the 
disposition, the following shall apply:
    (i) The borrower shall prepare either:
    (A) A transmittal letter to RUS requesting a partial release of the 
lien with respect to the assets to be disposed; or
    (B) RUS Form 369, Request for Approval to Sell Capital Assets, or 
its successor.
    (ii) The partial release of lien should be prepared by the attorney 
for the borrower or the purchaser. It is the borrower's responsibility 
to assure the accuracy and legal effectiveness of a proposed release. 
When a partial release of lien requires execution and acknowledgement by 
a creditor, such execution and acknowledgment by the other creditor 
should be obtained by the borrower.
    (iii) If the borrower elects to submit a transmittal letter to 
request the release of lien, the letter should contain the following 
information:
    (A) Insert address of property or assets being sold;
    (B) Name and address of purchaser;
    (C) Approximate original cost or book value;
    (D) The consideration the borrower is receiving in exchange for the 
disposition of the assets' prices;
    (E) A statement that the borrower received fair market value for the 
property being disposed;
    (F) A statement from the borrower that the net proceeds have been or 
will be deposited into the Construction

[[Page 107]]

Fund Trustee Account or will be applied as a prepayment on all debt 
secured under the mortgage or other security agreement applicable to the 
assets being disposed, equally and proportionally,
    (iv) A statement from the borrower's manager stating that there was 
no distribution of funds to any employees and/or board members. If any 
amount of funds arising from the disposition have been distributed to 
employees and/or board members, specific identification of the employees 
and/or board members, and reasons why funds were provided to those 
persons (if applicable) must be stated in the transmittal letter. 
Include borrower contact information, including email address, for 
questions.
    (v) A statement of how or if the disposition will affect the 
borrower's existing customers.
    (3) If the disposition does not fall within the ambit of paragraph 
(b) of this section so that RUS Approval is required, the following then 
apply:
    (i) If the Federal Government is the sole lien holder of the 
borrower's capital assets, approval of the disposition by the Federal 
Government will be indicated on RUS Form 369, when returned to the 
seller.
    (ii) If the Federal Government holds a lien jointly with 
supplemental lenders, joint approval for the disposition will be 
necessary and the borrower will forward the following:
    (A) Information should be forwarded directly to RUS and one copy to 
all supplemental lenders;
    (B) When approved by RUS, the information will be forwarded by RUS 
to the supplemental lenders (and a notice letter advising that RUS has 
forwarded this information to supplemental lenders will be issued by RUS 
to the borrower); and
    (C) The supplemental lenders will be instructed, in the RUS 
transmittal memorandum, to execute the documents and return them to the 
seller. The supplemental lenders will also be instructed to notify RUS 
when the completed documents are returned to the seller.
    (e) The disposition of proceeds will be handled as follows:
    (1) The disposition of proceeds from the disposition of a capital 
asset shall be the same regardless of whether or not RUS approval of the 
sale is required.
    (2) If the gross proceeds from the disposition of the assets total 
less than $50,000 the borrower shall deposit the proceeds in its general 
fund account and are to be used for purposes related to the utility 
business as determined by the management of the borrower.
    (3) Proceeds from individual dispositions of property where the 
gross proceeds total $50,000 or more, should be distributed and 
accounted for as follows:
    (i) Deposited into the Construction Fund Trustee Account. When funds 
are deposited into the Construction Fund Trustee Account, the borrower 
shall notify RUS in writing so that the budget records can be adjusted. 
The funds are to be used for the construction or acquisition of the 
borrower's utility system;
    (ii) Paid to RUS and any secured supplemental lenders if the 
borrower has concurrent loans outstanding, by application of such funds 
as a prepayment on the notes of all lenders pro-rata according to the 
aggregate unpaid principal amount of the notes then outstanding, as 
designated by the noteholders, and in accordance with the borrower's 
loan documents;
    (iii) If the borrower has no concurrent supplemental loans 
outstanding, applied to RUS as a payment to be applied to the note or 
notes issued with respect to loans made or guaranteed by RUS, or any 
portion of a note with respect to a loan made by RUS, and designated by 
the borrower or RUS; or
    (iv) In the case of dispositions of SO2 allowances, the 
funds from the sale of allowances should be deposited into the 
Construction Fund Trustee Account. If any entity prefers to deposit the 
funds into the General Fund Account, specific RUS approval will be given 
on a case-by-case basis. Accompanying any request for approval to 
deposit the funds into the General Fund Account should be a completed 
RUS Form 369 along with a summary of the anticipated disposition of 
funds from the General Fund Account;

[[Page 108]]

    (v) In the case of dispositions of equipment, materials, or scrap, 
all proceeds (regardless of the amount) from the sale should be 
deposited into the General Fund Account to be used for the purchase of 
other property useful in the mortgagor's utility business, not 
necessarily of the same kind as the property disposed, which is subject 
to the lien of the mortgage;
    (vi) The Administrator may allow a borrower to deposit the proceeds 
of the disposition of the asset directly into the General Funds Account 
instead of the Construction Fund Trustee Account if the borrower has no 
`Balance in Reserve' on its most recent loan advances 605 report and 
does not anticipate submitting any new loan applications to RUS. The 
borrower must receive written approval from RUS before it deposits any 
proceeds into its General Funds Account.
    (f) The borrower must provide the following to RUS for any 
disposition of a capital asset that does not fall within the scope of 
paragraph (b) of this section and requires RUS approval:
    (1) RUS Form 369 with original signature;
    (2) If the disposition involves a condemnation, the borrower must 
attach a copy of the petition or complaint in the condemnation suit to 
the RUS Form 369. Items 10, 11, and 12 of the RUS Form 369 may be 
completed by referring to the attachment. Item 14 need not be completed. 
The RUS Form 369 and a copy of the petition or complaint in condemnation 
cases should be submitted to RUS promptly after the petition or 
complaint has been received by the borrower;
    (3) If the purchaser will require the disposition of the asset be 
free and clear of liens, the partial release of the lien should be 
prepared by the attorney for the seller or purchaser. It will be the 
responsibility of the borrower and the borrower's attorney to ensure the 
accuracy and legal effectiveness of a proposed partial release of the 
lien;
    (4) If the disposition involves real estate or plant in place, in 
addition to the information required for all dispositions, the seller 
will provide a brief description of the property being disposed and a 
statement explaining why the asset is no longer needed for the 
borrower's system. The borrower shall also provide the following 
information to RUS for the disposition of real estate and plant in 
place:
    (i) Except in condemnation cases, a statement of agreement between 
the seller and the purchaser on the proposed selling price. When 
applicable, include adjustments such as capital additions and 
retirements, depreciation, taxes, distribution of membership fees, 
deposits and contributions, prepaid and delinquent bills and accounts, 
insurance, assignment of easements, the proposed closing date, and other 
pertinent information. Generally, the closing date selected should not 
be less than 90 days after the date the required information is 
forwarded to RUS;
    (ii) A complete legal description or real property supported by key 
and detail maps showing the location of lines or other capital assets to 
be disposed;
    (iii) A breakdown of consumers by classification showing number, 
mileage, average kWh usage, and revenues for the portion of lines being 
disposed;
    (iv) An inventory of lines on a priced assembly or record unit 
basis, or, in the case of facilities other than lines, a detailed 
breakdown of separable units and their costs;
    (v) Description and estimated costs of changes, if any, which must 
be made in the seller's system in order to maintain satisfactory 
operations after the sale has been completed;
    (vi) Other pertinent data such as the physical condition of the 
property to be disposed, a copy of the lease if facilities to be 
disposed of are on leased land, and the approval of applicable 
regulatory bodies where required;
    (vii) The retail rates to be applied to the consumers on the lines 
being disposed (comparative rate schedules); and
    (viii) If the purchaser is another RUS borrower or a borrower from a 
supplemental lender, a description and the estimated costs of the 
changes, if any, necessary to integrate the properties being acquired 
with the purchaser's existing system for satisfactory operations.
    (5) If the purchaser is to pay the seller in installments, such 
information should be noted on Item 9 of the RUS Form 369. A sales 
agreement between

[[Page 109]]

the seller and the purchaser, a note or other debt instrument in favor 
of the seller, and a security agreement in favor of the seller should be 
executed and collaterally assigned by the seller to the U.S. Government 
and the supplemental lenders, if applicable. The partial release of the 
lien will not be executed by RUS, if applicable, until the final 
installment payment has been received by the seller. The disposition of 
the proceeds from installment sales will be the same as from cash 
dispositions);
    (6) Dispositions involving exchanges or trades of real estate or 
plant in place between a borrower and a non-RUS borrower will be 
considered on an individual case-by-case basis.
    (g) Expenditures by the seller in conjunction with the dispositions 
of capital assets will be properly accounted for and all associated 
documents shall be retained for review when RUS conducts its next Loan 
Fund and Accounting Review.

[87 FR 73440, Nov. 30, 2022]



Sec.  1717.617  Limitations on distributions.

    If a distribution or power supply borrower is required by its loan 
documents to obtain prior approval from RUS before declaring or paying 
any dividends, paying or determining to pay any patronage refunds, or 
retiring any patronage capital, or making any other cash distributions, 
such approval is hereby given if the following conditions are met:
    (a) After giving effect to the distribution, the borrower's equity 
will be greater than or equal to 30 percent of its total assets;
    (b) The borrower is current on all payments due on all notes secured 
under the mortgage;
    (c) The borrower is not otherwise in default under its loan 
documents; and
    (d) After giving effect to the distribution, the borrower's current 
and accrued assets will be not less than its current and accrued 
liabilities.



Sec.  1717.618  Wholesale power contracts.

    (a) Pursuant to the terms of the RUS documents each power supply 
borrower shall establish and adjust rates for the sale of electric power 
and energy in such a manner as to assure that the borrower will be able 
to make required payments on secured loans.
    (b) Pursuant to the terms of the RUS wholesale power contract, the 
Board of Directors or Board of Trustees of the power supply borrower 
shall review rates not less frequently than once each calendar year and 
revise its rates as therein set forth. The RUS wholesale power contract 
further provides that the borrower shall notify the Administrator not 
less than 30 nor more than 45 days prior to the effective date of any 
adjustment and shall set forth the basis upon which the rate is to be 
adjusted and established. The RUS wholesale power contract provides that 
no final revision in rates shall be effective unless approved in writing 
by the Administrator.
    Note 1 to paragraph (b): The Wholesale Power Contract, with minor 
modifications which are approved by RUS on a case by case basis, 
provides that the rate charged for electric power and energy, shall 
produce revenues which shall be sufficient, but only sufficient, with 
the revenues of the Seller from all other sources, to meet the cost of 
the operation and maintenance (including without limitation, 
replacements, insurance, taxes and administrative and general overhead 
expenses) of the generating plant transmission system and related 
facilities of the Seller, the cost of any power and energy purchased for 
resale hereunder by the Seller, the cost of transmission service, make 
payments on account of principal and interest on all indebtedness of the 
Seller, and to provide for the establishment and maintenance of 
reasonable reserves.
    (c) Pursuant to the terms of the RUS mortgage, each power supply 
borrower must design its rates as therein set forth and must give 90 
days prior notice to RUS of any proposed change in its general rate 
structure.

(Approved by the Office of Management and Budget under control number 
0572-0089)

[84 FR 32615, July 9, 2019]



   Subpart N_Investments, Loans, and Guarantees by Electric Borrowers

    Authority: 7 U.S.C. 901-950b; Pub. L. 103-354, 108 Stat. 3178 (7 
U.S.C. 6941 et seq.); Title I, Subtitle D, Pub. L. 100-203, 101 Stat. 
1330.

    Source: 60 FR 48877, Sept. 21, 1995, unless otherwise noted.

[[Page 110]]



Sec.  1717.650  Purpose.

    This subpart sets forth general regulations for implementing and 
interpreting provisions of the RUS mortgage and loan contract regarding 
investments, loans, and guarantees made by electric borrowers, as well 
as the provisions of the Rural Electrification Act of 1936, as amended, 
including section 312 (7 U.S.C. 901 et seq.) (RE Act), permitting, in 
certain circumstances, that electric borrowers under the RE Act may, 
without restriction or prior approval of the Administrator of the Rural 
Utilities Service (RUS), invest their own funds and make loans or 
guarantees.



Sec.  1717.651  General.

    (a) Policy. RUS electric borrowers are encouraged to utilize their 
own funds to participate in the economic development of rural areas, 
provided that such activity does not in any way put government funds at 
risk or impair a borrower's ability to repay its indebtedness to RUS and 
other lenders. In considering whether to make loans, investments, or 
guarantees, borrowers are expected to act in accordance with prudent 
business practices and in conformity with the laws of the jurisdictions 
in which they serve. RUS assumes that borrowers will use the latitude 
afforded them by section 312 of the RE Act primarily to make needed 
investments in rural community infrastructure projects (such as water 
and waste systems, garbage collection services, etc.) and in job 
creation activities (such as providing technical, financial, and 
managerial assistance) and other activities to promote business 
development and economic diversification in rural communities. 
Nonetheless, RUS believes that borrowers should continue to give primary 
consideration to safety and liquidity in the management of their funds.
    (b) Applicability of this subpart. This subpart applies to all 
distribution and power supply borrowers regardless of when their loan 
contract or mortgage was executed.



Sec.  1717.652  Definitions.

    As used in this subpart:
    Borrower means any organization that has an outstanding loan made or 
guaranteed by RUS for rural electrification.
    Cash-construction fund-trustee account means the account described 
in the Uniform System of Accounts as one to which funds are deposited 
for financing the construction or purchase of electric facilities.
    Distribution borrower means a Distribution Borrower as defined in 7 
CFR 1710.2.
    Electric system means all of the borrower's interests in all 
electric production, transmission, distribution, conservation, load 
management, general plant and other related facilities, equipment or 
property and in any mine, well, pipeline, plant, structure or other 
facility for the development, production, manufacture, storage, 
fabrication or processing of fossil, nuclear, or other fuel or in any 
facility or rights with respect to the supply of water, in each case for 
use, in whole or in major part, in any of the borrower's generating 
plants, including any interest or participation of the borrower in any 
such facilities or any rights to the output or capacity thereof, 
together with all lands, easements, rights-of-way, other works, 
property, structures, contract rights and other tangible and intangible 
assets of the borrower in each case used or useful in such electric 
system.
    Equity means the Margins and Equities of the borrower as defined in 
the Uniform System of Accounts, less regulatory created assets.
    Guarantee means to undertake collaterally to answer for the payment 
of another's debt or the performance of another's duty, liability, or 
obligation, including, without limitation, the obligations of 
subsidiaries. Some examples of such guarantees include guarantees of 
payment or collection on a note or other debt instrument (assuring 
returns on investments); issuing performance bonds or completion bonds; 
or cosigning leases or other obligations of third parties.
    Invest means to commit money in order to earn a financial return on 
assets, including, without limitation, all investments properly recorded 
on the borrower's books and records in investment accounts as those 
accounts are

[[Page 111]]

used in the Uniform System of Accounts for RUS Borrowers. Borrowers may 
submit any proposed transaction to RUS for an interpretation of whether 
the action is an investment for the purposes of this definition.
    Make loans means to lend out money for temporary use on condition of 
repayment, usually with interest.
    Mortgaged property means any asset of the borrower which is pledged 
in the RUS mortgage.
    Natural gas distribution system means any system of community 
infrastructure that distributes natural gas and whose services are 
available by design to all or a substantial portion of the members of 
the community.
    Operating DSC means Operating Debt Service Coverage (ODSC) of the 
borrower's electric system calculated as:
[GRAPHIC] [TIFF OMITTED] TR21SE95.001

where:

All amounts are for the same year and are based on the RUS system of 
          accounts;
A = Depreciation and Amortization Expense of the electric system;
B = Interest on Long-term Debt of the electric system, except that 
          Interest on Long-term Debt shall be increased by \1/3\ of the 
          amount, if any, by which the rentals of Restricted Property of 
          the electric system exceed 2 percent of Total Margins and 
          Equities;
C = Patronage Capital & Operating Margins of the electric system 
          (distribution borrowers) or Operating Margins of the electric 
          system (power supply borrowers); and
D = Debt Service Billed (RUS + other) which equals all interest and 
          principal billed or billable during the calendar year for 
          long-term debt of the electric system plus \1/3\ of the 
          amount, if any, by which the rentals of Restricted Property of 
          the electric system exceed 2 percent of Total Margins and 
          Equities. Unless otherwise indicated, all terms used in 
          defining ODSC and OTIER are as defined in RUS Bulletin 1717B-2 
          Instructions for the Preparation of the Financial and 
          Statistical Report for Electric Distribution Borrowers, and 
          RUS Bulletin 1717B-3 Instructions for the Preparation of the 
          Operating Report for Power Supply Borrowers and for 
          Distribution Borrowers with Generating Facilities, or the 
          successors to these bulletins.

    Operating TIER means Operating Times Interest Earned Ratio (OTIER) 
of the borrower's electric system calculated as:
[GRAPHIC] [TIFF OMITTED] TR21SE95.002

where:

All amounts are for the same year and are based on the RUS system of 
          accounts;
A = Interest on Long-term Debt of the electric system, except that 
          Interest on Long-term Debt shall be increased by \1/3\ of the 
          amount, if any, by which the rentals of Restricted Property of 
          the electric system exceed 2 percent of Total Margins and 
          Equities; and
B = Patronage Capital & Operating Margins of the electric system 
          (distribution borrowers) or Operating Margins of the electric 
          system (power supply borrowers).

    Own funds means money belonging to the borrower other than funds on 
deposit in the cash-construction fund-trustee account.
    Power supply borrower means a Power Supply Borrower as defined in 7 
CFR 1710.2.
    Regulatory created assets means the sum of the amounts properly 
recordable in Account 182.2 Unrecovered Plant and Regulatory Study 
Costs, and Account 182.3 Other Regulatory Assets of the Uniform System 
of Accounts.
    RUS means the Rural Utilities Service, an agency of the U.S. 
Department of Agriculture established pursuant to Section 232 of the 
Federal Crop Insurance Reform and Department of Agriculture 
Reorganization Act of 1994 (Pub. L. 103-354, 108 Stat. 3178, 7 U.S.C. 
6941 et seq.) and, for purposes of this subpart, includes its 
predecessor, the Rural Electrification Administration.
    RUS loan contract means the loan contract between the borrower and 
RUS.
    RUS mortgage means any and all instruments creating a lien on or 
security interest in the borrower's assets in connection with loans or 
guarantees under the RE Act.
    Solid waste disposal system means any system of community 
infrastructure that provides collection and/or disposal of solid waste 
and whose services are available by design to all or a substantial 
portion of the members of the community.
    Subsidiary means a company which is controlled by the borrower 
through

[[Page 112]]

ownership of voting stock, and is further defined in 7 CFR 1767.10.
    Supplemental lender means a lender that has provided a supplemental 
source of financing that is secured by the RUS mortgage.
    Telecommunication and other electronic communication system means 
any community infrastructure that provides telecommunication or other 
electronic communication services and whose services are available by 
design to all or a substantial portion of the members of the community.
    Total assets means the total assets of the borrower as calculated 
according to the Uniform System of Accounts, less regulatory created 
assets.
    Total utility plant means the sum of the borrower's Electric Plant 
Accounts and Construction Work in Progress--Electric Accounts, as such 
terms are used in the Uniform System of Accounts.
    Uniform System of Accounts means the system of accounts prescribed 
for RUS borrowers in 7 CFR part 1767.
    Water and waste disposal system means any system of community 
infrastructure that supplies water and/or collects and treats waste 
water and whose services are available by design to all or a substantial 
portion of the members of the community.



Sec.  1717.653  Borrowers in default.

    Any borrower not in compliance with all provisions of its mortgage, 
loan contract, or any other agreements with RUS must, unless the 
borrower's mortgage, loan contract, or other agreement with RUS 
specifically provides otherwise with respect to such a borrower:
    (a) Obtain prior written approval from the Administrator to invest 
its own funds or to make loans or guarantees regardless of the aggregate 
amount of such investments, loans, or guarantees; and
    (b) If requested by the Administrator, restructure or reduce the 
amount of its investments, loans, and guarantees to a level determined 
by the Administrator, in his or her sole discretion, to be in the 
financial interest of the government with respect to loan security and/
or repayment. If the borrower does not so restructure or reduce its 
portfolio within a reasonable period of time determined by the 
Administrator, which shall not exceed 12 months from the date the 
borrower was notified of the required action, then, upon written notice 
from RUS, the borrower shall be in default of its RUS loan contract and 
mortgage.



Sec.  1717.654  Transactions below the 15 percent level.

    (a) A borrower in compliance with all provisions of its RUS 
mortgage, RUS loan contract, and any other agreements with RUS may, 
without prior written approval of the Administrator, invest its own 
funds or make loans or guarantees not in excess of 15 percent of its 
total utility plant without regard to any provision contained in any RUS 
mortgage or RUS loan contract to the effect that the borrower must 
obtain prior approval from RUS, provided, however, that the borrower may 
not, without the prior written approval of the Administrator, make such 
investments, loans, and guarantees to extend, add to, or modify its 
electric system. Moreover, funds necessary to make timely payments of 
principal and interest on loans secured by the RUS mortgage remain 
subject to RUS controls on borrower investments, loans and guarantees.
    (b) RUS will not consider requests from borrowers to exclude 
investments, loans, or guarantees made below the 15 percent level. 
(Categorical exclusions are set forth in Sec.  1717.655.)



Sec.  1717.655  Exclusion of certain investments, loans, and guarantees.

    (a) In calculating the amount of investments, loans and guarantees 
permitted under this subpart, there is excluded from the computation any 
investment, loan or guarantee of the type which by the terms of the 
borrower's RUS mortgage or RUS loan contract the borrower may make in 
unlimited amounts without RUS approval.
    (b) Furthermore, the borrower may make unlimited investments, 
without prior approval of the Administrator, in:
    (1) Securities or deposits issued, guaranteed or fully insured as to 
payment by the United States Government or any agency thereof;

[[Page 113]]

    (2) Capital term certificates, bank stock, or other similar 
securities of the supplemental lender which have been purchased as a 
condition of membership in the supplemental lender, or as a condition of 
receiving financial assistance from such lender, as well as any other 
investment made in, or loans made to, the National Rural Utilities 
Cooperative Finance Corporation, the Saint Paul Bank for Cooperatives, 
and CoBank, ACB;
    (3) Patronage capital allocated from an electric power supply 
cooperative of which the borrower is a member; and
    (4) Patronage capital allocated from an electric distribution 
cooperative to a power supply borrower.
    (c) Without prior approval of the Administrator, the borrower may 
also:
    (1) Invest or lend funds derived directly from:
    (i) Grants which the borrower in not obligated to repay, regardless 
of the source or purpose of the grant; and
    (ii) Loans received from or guaranteed by any Federal, State or 
local government program designed to promote rural economic development, 
provided that the borrower uses the loan proceeds for such purpose;
    (2) Make loans guaranteed by an agency of USDA, up to the amount of 
principal whose repayment, with interest, is fully guaranteed; and
    (3)(i) Make unlimited investments in and unlimited loans to finance 
the following community infrastructure that serves primarily consumers 
located in rural areas as defined in 7 CFR 1710.2, and guarantee debt 
issued for the construction or acquisition of such infrastructure, up to 
an aggregate amount of such guarantees not to exceed 20 percent of the 
borrower's equity:
    (A) Water and waste disposal systems;
    (B) Solid waste disposal systems;
    (C) Telecommunication and other electronic communication systems; 
and
    (D) Natural gas distribution systems.
    (ii) In each of the four cases in paragraph (c)(3)(i) of this 
section, if the system is a component of a larger organization other 
than the borrower itself (e.g., if it is a component of a subsidiary of 
the borrower or a corporation independent of the borrower), to be 
eligible for the exemption the borrower must certify annually that a 
majority of the gross revenues of the larger organization during the 
most recent fiscal year came from customers of said system who were 
located in a rural area.
    (d) Also excluded from the calculation of investments, loans and 
guarantees made by the borrower are:
    (1) Amounts properly recordable in Account 142 Customer Accounts 
Receivable, and Account 143 Other Accounts Receivable;
    (2) Any investment, loan, or guarantee that the borrower is required 
to make by an agency of USDA, for example, as a condition of obtaining 
financial assistance for itself or any other person or organization;
    (3) Investments included in an irrevocable trust for the purpose of 
funding post-retirement benefits of the borrower's employees;
    (4) Reserves required by a reserve bond agreement or other agreement 
legally binding on the borrower, that are dedicated to making required 
payments on debt secured under the RUS mortgage, not to exceed the 
amount of reserves specifically required by such agreements; and
    (5) Investments included in an irrevocable trust approved by RUS and 
dedicated to the payment of decommissioning costs of nuclear facilities 
of the borrower.
    (e) Grandfathered exclusions. All amounts of individual investments, 
loans, and guarantees excluded by RUS as of February 16, 1995 shall 
remain excluded. Such exclusions must have been based on the RUS 
mortgage, RUS loan contract, regulations, bulletins, memoranda, or other 
written notice from RUS. Profits, interest, and other returns earned 
(regardless of whether or not they are reinvested) on such investments, 
loans and guarantees after February 16, 1995 shall be excluded only if 
they are eligible for exclusion under paragraphs (a) through (d) of this 
section. Any new commitments of money to such investments, loans and 
guarantees shall likewise be excluded only if they are eligible under 
paragraphs (a) through (d) of this section.
    (f) Any investment, loan or guarantee made by a borrower that is not

[[Page 114]]

excluded under this section or under Sec.  1717.657(d) shall be included 
in the aggregate amount of investments, loans and guarantees made by the 
borrower, regardless of whether RUS has specifically approved the 
investment, loan or guarantee under Sec.  1717.657(c), or has approved a 
related transaction (e.g., a lien accommodation).



Sec.  1717.656  Exemption of certain borrowers from controls.

    (a) Any distribution or power supply borrower that meets all of the 
following criteria is exempted from the provisions of the RUS mortgage 
and loan contract that require RUS approval of investments, loans, and 
guarantees, except investments, loans, and guarantees made to extend, 
add to, or modify the borrower's electric system:
    (1) The borrower is in compliance with all provisions of its RUS 
mortgage, RUS loan contract, and any other agreements with RUS;
    (2) The average revenue per kWh for residential service received by 
the borrower during the two most recent calendar years does not exceed 
130 percent of the average revenue per kWh for residential service 
during the same period for all residential consumers located in the 
state or states served by the borrower. This criterion applies only to 
distribution borrowers and does not apply to power supply borrowers. If 
a borrower serves customers in more than one state, the state average 
revenue per kWh will be based on a weighted average using the kWh sales 
by the borrower in each state as the weight. The calculation will be 
based on the two most recent calendar years for which both borrower and 
state-wide data are available. If a borrower fails to qualify for an 
exemption based solely on its failure to meet this criterion on rate 
disparity, at the borrower's request the Administrator may, at his or 
her sole discretion, exempt the borrower if he or she finds that the 
borrower's strengths with respect to the other criteria are sufficient 
to offset any weakness due to rate disparity;
    (3) In the most recent calendar year for which data are available, 
the borrower achieved an operating TIER of at least 1.0 and an operating 
DSC of at least 1.0, in each case based on the average of the two 
highest ratios achieved in the three most recent calendar years;
    (4) The borrower's ratio of net utility plant to long-term debt is 
at least 1.1, based on year-end data for the most recent calendar year 
for which data are available; and
    (5) The borrower's equity is equal to at least 27 percent of its 
total assets, based on year-end data for the most recent calendar year 
for which data are available.
    (b) While borrowers meeting the criteria in paragraph (a) of this 
section are exempt from RUS approval of investments, loans and 
guarantees, they are nevertheless subject to the record-keeping, 
reporting, and other requirements of Sec.  1717.658.
    (c) Any borrower exempt under paragraph (a) of this section that 
ceases to meet the criteria for exemption shall, upon written notice 
from RUS, no longer be exempt and shall be subject to the provisions of 
this subpart applicable to non-exempt borrowers. A borrower may regain 
its exemption if it subsequently meets the criteria in paragraph (a) of 
this section, and is so notified in writing by RUS.
    (d)(1) A borrower that loses its exemption and is not in compliance 
with all provisions of its mortgage, loan contract, or any other 
agreement with RUS may be required to restructure or reduce its 
portfolio of investments, loans and guarantees as provided in Sec.  
1717.653(b). If the borrower's portfolio exceeds the 15 percent level, 
the borrower will be required to restructure or reduce its portfolio to 
the 15 percent level or below. For example, if the borrower's mortgage 
or loan contract has an approval threshold, the borrower may be required 
to reduce its portfolio to that level, which in many cases is 3 percent 
of total utility plant.
    (2) A borrower that loses its exemption but is in compliance with 
all provisions of its mortgage, loan contract, and any other agreements 
with RUS will be required, if its investments, loans and guarantees 
exceed the 15 percent level, to restructure or reduce its portfolio to 
the 15 percent level, unless the Administrator, in his or her sole 
discretion, determines that such action would not be in the financial 
interest

[[Page 115]]

of the government with respect to loan security and/or repayment. (Such 
borrower is eligible to ask RUS to exclude a portion of its investments 
under the conditions set forth in Sec.  1717.657(d).)
    (3) If a borrower required to reduce or restructure its portfolio 
does not fully comply within a reasonable period of time determined by 
the Administrator, which shall not exceed 12 months from the date the 
borrower was notified of its loss of exemption, then, upon written 
notice from RUS, the borrower shall be in default of its RUS loan 
contract and/or RUS mortgage.
    (e) By no later than July 1 of each year, RUS will provide written 
notice to any borrowers whose exemption status has changed as a result 
of more recent data being available for the qualification criteria set 
forth in paragraph (a) of this section, or as a result of other reasons, 
such as corrections in the available data. An explanation of the reasons 
for any changes in exemption status will also be provided to the 
borrowers affected.



Sec.  1717.657  Investments above the 15 percent level by certain borrowers 
not exempt under Sec.  1717.656(a).

    (a) General. (1) This section applies only to borrowers that are in 
compliance with all provisions of their mortgage, loan contract, and any 
other agreements with RUS and that do not qualify for an exemption from 
RUS investment controls under Sec.  1717.656(a).
    (2) Nothing in this section shall in any way affect the 
Administrator's authority to exercise approval rights over investments, 
loans, and guarantees made by a borrower that is not in compliance with 
all provisions of its mortgage, loan contract and any other agreements 
with RUS.
    (b) Distribution borrowers. Distribution borrowers not exempt from 
RUS investment controls under Sec.  1717.656(a) may not make 
investments, loans and guarantees in an aggregate amount in excess of 15 
percent of total utility plant. Above the 15 percent level, such 
borrowers will be restricted to excluded investments, loans and 
guarantees as defined in Sec.  1717.655. (However, they are eligible to 
ask RUS to exclude a portion of their investments under the conditions 
set forth in paragraph (d) of this section.)
    (c) Power supply borrowers. (1) Power supply borrowers not exempt 
from RUS investment controls under Sec.  1717.656(a) may request 
approval to exceed the 15 percent level if all of the following criteria 
are met:
    (i) Satisfactory evidence has been provided that the borrower is in 
compliance with all provisions of its RUS mortgage, RUS loan contract, 
and any other agreements with RUS;
    (ii) The borrower is not in financial workout and has not had its 
government debt restructured;
    (iii) The borrower has equity equal to at least 5 percent of its 
total assets; and
    (iv) After approval of the investment, loan or guarantee, the 
aggregate of the borrower's investments, loans and guarantees will not 
exceed 20 percent of the borrower's total utility plant.
    (2) Borrower requests for approval to exceed the 15 percent level 
will be considered on a case by case basis. The requests must be made in 
writing.
    (3) In considering borrower requests, the Administrator will take 
the following factors into consideration:
    (i) The repayment of all loans secured under the RUS mortgage will 
continue to be assured, and loan security must continue to be reasonably 
adequate, even if the entire investment or loan is lost or the borrower 
is required to perform for the entire amount of the guarantee. These 
risks will be considered along with all other risks facing the borrower, 
whether or not related to the investment, loan or guarantee;
    (ii) In the case of investments, the investment must be made in an 
entity separate from the borrower, such as a subsidiary, whereby the 
borrower is protected from any liabilities incurred by the separate 
entity, unless the borrower demonstrates to the satisfaction of the 
Administrator that making the investment directly rather than through a 
separate entity will present no substantial risk to the borrower in 
addition to the possibility of losing all or part of the original 
investment;

[[Page 116]]

    (iii) The borrower must be economically and financially sound as 
indicated by its costs of operation, competitiveness, operating TIER and 
operating DSC, physical condition of the plant, ratio of equity to total 
assets, ratio of net utility plant to long-term debt, and other factors; 
and
    (iv) Other factors affecting the security and repayment of 
government debt, as determined by the Administrator on a case by case 
basis.
    (4) If the Administrator approves an investment, loan or guarantee, 
such investment, loan or guarantee will continue to be included when 
calculating the borrower's ratio of aggregate investments, loans and 
guarantees to total utility plant.
    (d) Distribution and power supply borrowers. If the aggregate of the 
investments, loans and guarantees of a distribution or power supply 
borrower exceeds 15 percent of the borrower's total utility plant as a 
result of the cumulative profits or margins, net of losses, earned on 
said transactions over the past 10 calendar years (i.e., the sum of all 
profits earned during the 10 years on all transactions--including 
interest earned on cash accounts, loans, and similar transactions--less 
the sum of all losses experienced on all transactions during the 10 
years) then:
    (1) The borrower will not be in default of the RUS loan contract or 
RUS mortgage with respect to required approval of investments, loans and 
guarantees, provided that the borrower had not made additional net 
investments, loans or guarantees without approval after reaching the 15 
percent level; and
    (2) At the request of the borrower, the Administrator in his or her 
sole discretion may decide to exclude up to the amount of net profits or 
margins earned on the borrower's investments, loans and guarantees 
during the past 10 calendar years, if the Administrator determines that 
such exclusion will not increase loan security risks. The borrower must 
provide documentation satisfactory to the Administrator as to the 
current status of its investments, loans and guarantees and the net 
profits earned during the past 10 years. Any exclusion approved by the 
Administrator may or may not reduce the level of investments, loans and 
guarantees to or below the 15 percent level. If such exclusion does not 
reduce the level to or below the 15 percent level, RUS will notify the 
borrower in writing that it must reduce or restructure its investments, 
loans and guarantees to a level of not more than 15 percent of total 
utility plant. If the borrower does not come within the 15 percent level 
within a reasonable period of time determined by the Administrator, 
which shall not exceed 12 months from the date the borrower was notified 
of the required action, then, upon written notice from RUS, the borrower 
shall be in default of its RUS loan contract and mortgage.



Sec.  1717.658  Records, reports and audits.

    (a) Every borrower shall maintain accurate records concerning all 
investments, loans and guarantees made by it. Such records shall be kept 
in a manner that will enable RUS to readily determine:
    (1) The nature and source of all income, expenses and losses 
generated from the borrower's loans, guarantees and investments;
    (2) The location, identity and lien priority of any loan collateral 
resulting from activities permitted by this subpart; and
    (3) The effects, if any, which such activities may have on the 
feasibility of loans made, guaranteed or lien accommodated by RUS.
    (b) In determining the aggregate amount of investments, loans and 
guarantees made by a borrower, the borrower shall use the recorded value 
of each investment, loan or guarantee as reflected on its books and 
records for the next preceding end-of-month, except for the end-of-year 
report which shall be based on December 31 information. Every borrower 
shall also report annually to RUS, in the manner and on the form 
specified by the Administrator, the current status of each investment, 
outstanding loan and outstanding guarantee which it has made pursuant to 
this subpart.
    (c) The records of borrowers shall be subject to the auditing 
procedures prescribed in part 1773 of this chapter. RUS reserves the 
right to review the financial records of any subsidiaries of

[[Page 117]]

the borrower to determine if the borrower is in compliance with this 
subpart, and to ascertain if the debts, guarantees (as defined in this 
subpart), or other obligations of the subsidiaries could adversely 
affect the ability of the borrower to repay its debts to the Government.
    (d) RUS will monitor borrower compliance with this subpart based 
primarily on the annual financial and statistical report submitted by 
the borrower to RUS and the annual auditor's report on the borrower's 
operations. However, RUS may inspect the borrower's records at any time 
during the year to determine borrower compliance. If a borrower's most 
recent annual financial and statistical report shows the aggregate of 
the borrower's investments, loans and guarantees to be below the 15 
percent level, that in no way relieves the borrower of its obligation to 
comply with its RUS mortgage, RUS loan contract, and this subpart with 
respect to Administrator approval of any additional investment, loan or 
guarantee that would cause the aggregate to exceed the 15 percent level.



Sec.  1717.659  Effect of this subpart on RUS loan contract and mortgage.

    (a) Nothing in this subpart shall affect any provision, covenant, or 
requirement in the RUS mortgage, RUS loan contract, or any other 
agreement between a borrower and RUS with respect to any matter other 
than the prior approval by RUS of investments, loans, and guarantees by 
the borrower, such matters including, without limitation, extensions, 
additions, and modifications of the borrower's electric system. Also, 
nothing in this subpart shall affect any rights which supplemental 
lenders have under the RUS mortgage, or under their loan contracts or 
other agreements with their borrowers, to limit investments, loans and 
guarantees by their borrowers to levels below 15 percent of total 
utility plant.
    (b) RUS will require that any electric loan made or guaranteed by 
RUS after October 23, 1995 shall be subject to a provision in the loan 
contract or mortgage restricting investments, loans and guarantees by 
the borrower substantially as follows: The borrower shall not make any 
loan or advance to, or make any investment in, or purchase or make any 
commitment to purchase any stock, bonds, notes or other securities of, 
or guaranty, assume or otherwise become obligated or liable with respect 
to the obligations of, any other person, firm or corporation, except as 
permitted by the RE Act and RUS regulations.
    (c) RUS reserves the right to change the provisions of the RUS 
mortgage and loan contract relating to RUS approval of investments, 
loans and guarantees made by the borrower, on a case-by-case basis, in 
connection with providing additional financial assistance to a borrower 
after October 23, 1995.

Subpart O [Reserved]



Sec. Sec.  1717.700-1717.749  [Reserved]

Subpart P [Reserved]



Sec. Sec.  1717.750-1717.799  [Reserved]

Subpart Q [Reserved]



Sec. Sec.  1717.800-1717.849  [Reserved]



Subpart R_Lien Accommodations and Subordinations for 100 Percent Private 
                                Financing

    Source: 58 FR 53843, Oct. 19, 1993, unless otherwise noted.



Sec.  1717.850  General.

    (a) Scope and applicability. (1) This subpart R establishes policies 
and procedures for the accommodation, subordination or release of the 
Government's lien on borrower assets, including approvals of supporting 
documents and related loan security documents, in connection with 100 
percent private sector financing of facilities and other purposes. 
Policies and procedures regarding lien accommodations for concurrent 
supplemental financing required in connection with an RUS insured loan 
are set forth in subpart S of this part.
    (2) This subpart and subpart S of this part apply only to debt to be 
secured under the mortgage, the issuance of

[[Page 118]]

which is subject to the approval of the Rural Utilities Service (RUS) by 
the terms of the borrower's mortgage with respect to the issuance of 
additional debt or the refinancing or refunding of debt. If RUS approval 
is not required under such terms of the mortgage itself, a lien 
accommodation is not required. If the loan contract or other agreement 
between the borrower and RUS requires RUS approval with respect to the 
issuance of debt or making additions to or extensions of the borrower's 
system, such required approvals do not by themselves result in the need 
for a lien accommodation.
    (b) Overall policy. (1) Consistent with prudent lending practices, 
the maintenance of adequate security for RUS's loans, and the objectives 
of the Rural Electrification Act (RE Act), it is the policy of RUS to 
provide effective and timely assistance to borrowers in obtaining 
financing from other lenders by sharing RUS's lien on a borrower's 
assets in order to finance electric facilities, equipment and systems, 
and certain other types of community infrastructure. In certain 
circumstances, RUS may facilitate the financing of such assets by 
subordinating its lien on specific assets financed by other lenders.
    (2) It is also the policy of RUS to provide effective and timely 
assistance to borrowers in promoting rural development by subordinating 
RUS's lien for financially sound rural development investments under the 
conditions set forth in Sec.  1717.858.
    (c) Decision factors. In determining whether to accommodate, 
subordinate, or release its lien on property pledged by the borrower 
under the RUS mortgage, RUS will consider the effects of such action on 
the achievement of the purposes of the RE Act, the repayment and 
security of RUS loans secured by the mortgage, and other factors set 
forth in this subpart. The following factors will be considered in 
assessing the effects on the repayment and security of RUS loans:
    (1) The value of the added assets compared with the amount of new 
debt to be secured;
    (2) The value of the assets already pledged under the mortgage, and 
any effects of the proposed transaction on the value of those assets;
    (3) The ratio of the total outstanding debt secured under the 
mortgage to the value of all assets pledged as security under the 
mortgage;
    (4) The borrower's ability to repay debt owed to the Government, as 
indicated by the following factors:
    (i) Revenues, costs (including interest, lease payments and other 
debt service costs), margins, Times Interest Earned Ratio (TIER), Debt 
Service Coverage (DSC), and other case-specific economic and financial 
factors;
    (ii) The variability and uncertainty of future revenues, costs, 
margins, TIER, DSC, and other case-specific economic and financial 
factors;
    (iii) Future capital needs and the ability of the borrower to meet 
those needs at reasonable cost;
    (iv) The ability of the borrower's management to manage and control 
its system effectively and plan for future needs; and
    (5) Other factors that may be relevant in individual cases, as 
determined by RUS.
    (d) Environmental review requirements. The environmental review 
requirements of 7 CFR part 1970 apply to applications for 
subordinations.
    (e) Co-mortgagees. Other mortgagees under existing mortgages shared 
with RUS may have the right to approve requests for lien accommodations, 
subordinations and releases. In those cases, borrowers would have to 
obtain the approval of such mortgagees in order for the lien of the 
mortgage to be accommodated, subordinated or released. Any reference in 
this subpart to waiving by RUS of any of its rights under the mortgage 
shall apply only to the rights of RUS and shall not apply to the rights 
of any other co-mortgagee.
    (f) Safety and performance standards. (1) To be eligible for a lien 
accommodation or subordination from RUS, a borrower must comply with RUS 
standards regarding facility and system planning and design, 
construction, procurement, and the use of materials accepted by RUS, as 
required by the borrower's mortgage, loan contract, or other agreement 
with RUS, and as further specified in RUS regulations.

[[Page 119]]

    (2) RUS ``Buy American'' requirements shall not apply.
    (g) Advance of funds. (1) The advance of funds from 100 percent 
private loans lien accommodated or subordinated by RUS will not be 
subject to RUS approval. It is the private lender's responsibility to 
adopt reasonable measures to ensure that such loan funds are used for 
the purposes for which the loan was made and the lien accommodation or 
subordination granted. RUS encourages lenders to adopt the following 
measures:
    (i) Remit loan advances to a separate subaccount of the Cash-
Construction Fund-Trustee Account;
    (ii) Obtain a certification from a registered professional engineer, 
for each year during which funds from the separate subaccount are 
utilized by the borrower, that all materials and equipment purchased and 
facilities constructed during the year from said funds comply with RUS 
safety and performance standards, as required by paragraph (f) of this 
section, and are included in an CWP or CWP amendment.
    (iii) Obtain an auditor's certification from a Certified Public 
Accountant, for each year during which funds are advanced to or remitted 
from the separate subaccount, certifying:
    (A) The amount of loan funds advanced to and remitted from the 
separate subaccount during the period of review;
    (B) That based on the auditor's review of construction work orders 
and other records, all moneys disbursed from the separate subaccount 
during the period of review were used for purposes contemplated in the 
loan agreement and the lien accommodation; and
    (iv) Immediately notify RUS in writing if the lender is unable to 
obtain the certifications cited in paragraphs (g)(1)(ii) and (g)(1)(iii) 
of this section.
    (2) The measures listed in paragraph (g)(1) of this section will 
normally be sufficient to meet the lender's responsibility provided that 
additional measures are not reasonably required based on the particular 
circumstances of an individual case. Should a lender fail to carry out 
its responsibility in the manner described in this paragraph (g) or in 
another manner acceptable to RUS, RUS may disqualify such lender from 
participation in advance approval under Sec. Sec.  1717.854 and 1717.857 
and condition the lender's receipt of a lien accommodation or 
subordination upon the lender providing satisfactory evidence that it 
will fulfill its responsibility under this paragraph (g).
    (h) Contracting and procurement procedures. (1) Facilities financed 
with debt obtained entirely from non-RUS sources, without an RUS loan 
guarantee, are not subject to RUS post-loan requirements regarding 
contracting, procurement and bidding procedures; contract close-out 
procedures pertaining to project completion, final payment of 
contractor, and related matters; and standard forms of construction and 
procurement contracts listed in 7 CFR 1726.300.
    (2) To the extent that provisions in a borrower's loan contract or 
mortgage in favor of RUS may be inconsistent with paragraphs (g)(1) and 
(h)(1) of this section, paragraphs (g)(1) and (h)(1) of this section are 
intended to constitute an approval or waiver under the terms of such 
instruments, and in any regulations implementing such instruments, with 
respect to facilities financed with debt obtained entirely from non-RUS 
sources without an RUS guarantee.
    (i) Access of handicapped to buildings and seismic safety. A 
borrower must meet the following requirements to be eligible for a lien 
accommodation or subordination for 100 percent private financing of the 
construction of buildings:
    (1) The borrower must provide RUS with a certification by the 
project architect that the buildings will be designed and constructed in 
compliance with Section 504 of the Rehabilitation Act of 1973 as amended 
(29 U.S.C. 794), as applicable under that Act, and that the facilities 
will be readily accessible to and usable by persons with handicaps in 
accordance with the Uniform Federal Accessibility Standards (UFAS), 
(Appendix A to 41 CFR part 101.19, subpart 101-19.6). The certification 
must be included in the borrower's application for a lien accommodation 
or subordination. In addition

[[Page 120]]

to these requirements, building construction may also be subject to 
requirements of The Americans with Disabilities Act (42 U.S.C. 12101 et 
seq.); and
    (2) The borrower must comply with RUS's seismic safety requirements 
set forth in 7 CFR part 1792, subpart C.
    (j) Breach of warranty. Any breach of any warranty or agreement or 
any material inaccuracy in any representation, warranty, certificate, 
document, or opinion submitted pursuant to this subpart, including, 
without limitation, any agreement or representation regarding the use of 
funds from loans lien accommodated or subordinated pursuant to this 
subpart, shall constitute a default by the borrower under the terms of 
its loan agreement with RUS.
    (k) Guaranteed loans. The provisions of this subpart do not apply to 
lien accommodations or subordinations sought for loans guaranteed by 
RUS. Such lien accommodations and subordinations are governed by RUS 
regulations on guaranteed loans.
    (l) Release of lien. To avoid repetition, release of lien is not 
mentioned in every instance where it may be an acceptable alternative to 
subordination of RUS's lien. Generally, lien subordination is favored 
over release of lien, and any decision to release RUS's lien is at the 
sole discretion of RUS.
    (m) Waiver authority. Consistent with the RE Act and other 
applicable laws, any requirement, condition, or restriction imposed by 
this subpart, or subpart S of this part, on a borrower, private lender, 
or application for a lien accommodation or subordination may be waived 
or reduced by the Administrator, if the Administrator determines that 
said action is in the Government's financial interest with respect to 
ensuring repayment and reasonably adequate security for loans made or 
guaranteed by RUS.
    (n) Liability. It is the intent of this subpart that any failure on 
the part of RUS to comply with any provisions hereof, including without 
limitation, those provisions setting forth specified timeframes for 
action by RUS on applications for lien accommodations or lien 
subordinations, shall not give rise to liability of any kind on the part 
of the Government or any employees of the Government including, without 
limitation, liability for damages, fees, expenses or costs incurred by 
or on behalf of a borrower, private lender or any other party.

[58 FR 53843, Oct. 19, 1993, as amended at 60 FR 67408, Dec. 29, 1995; 
81 FR 11026, Mar. 2, 2016; 84 FR 32616, July 9, 2019]



Sec.  1717.851  Definitions.

    Terms used in this subpart have the meanings set forth in 7 CFR 
1710.2. References to specific RUS forms and other RUS documents, and to 
specific sections or lines of such forms and documents, shall include 
the corresponding forms, documents, sections and lines in any subsequent 
revisions of these forms and documents. In addition to the terms defined 
in 7 CFR 1710.2, the following terms have the following meanings for the 
purposes of this subpart:
    Borrower's financial and statistical report means RUS Form 7, Parts 
A through D, for distribution borrowers, and RUS Form 12a for power 
supply borrowers.
    Calendar day means any day of the year, except a Federal holiday 
that falls on a work day.
    Capital investment. For the purposes of Sec.  1717.860, capital 
investment means an original investment in an asset that is intended for 
long-term continued use or possession and, for accounting purposes, is 
normally depreciated or depleted as it is used. For example, such assets 
may include land, facilities, equipment, buildings, mineral deposits, 
patents, trademarks, and franchises. Original investments do not include 
refinancings or refundings.
    Current refunding means any refunding of debt where the proceeds of 
the new debt are applied to refund the old debt within 90 days of the 
issuance of the new debt.
    Default under the RUS mortgage, loan contract, restructuring 
agreement, or any other agreement between the borrower and RUS means any 
event of default or any event which, with the giving of notice or lapse 
of time or both, would become an event of default.
    Equity, less deferred expenses, means Line 33 of Part C of RUS Form 
7 less assets properly recordable in Account

[[Page 121]]

182.2, Unrecovered Plant and Regulatory Study Costs, and Account 182.3, 
Other Regulatory Assets.
    Front-end costs means the reasonable cost of engineering, 
architectural, environmental and other studies and plans needed to 
support the construction of facilities and other investments eligible 
for a lien accommodation or subordination under this subpart.
    Lien accommodation means the sharing of the Government's (RUS's) 
lien on property, usually all property, covered by the lien of the RUS 
mortgage.
    Lien subordination means allowing another lender to take a first 
mortgage lien on certain property covered by the lien of the RUS 
mortgage, and the Government (RUS) taking a second lien on such 
property.
    Natural gas distribution system means any system of community 
infrastructure whose primary function is the distribution of natural gas 
and whose services are available by design to all or a substantial 
portion of the members of the community.
    Net utility plant means Part C, Line 5 of RUS Form 7 (distribution 
borrowers) or Section B, Line 5 of RUS Form 12a (power supply 
borrowers).
    Power cost study means the study defined in 7 CFR 1710.303.
    Solid waste disposal system means any system of community 
infrastructure whose primary function is the collection and/or disposal 
of solid waste and whose services are available by design to all or a 
substantial portion of the members of the community.
    Telecommunication and other electronic communication system means 
any system of community infrastructure whose primary function is the 
provision of telecommunication or other electronic communication 
services and whose services are available by design to all or a 
substantial portion of the members of the community.
    Total assets, less deferred expenses means Line 26 of Part C of RUS 
Form 7 less assets properly recordable in Account 182.2, Unrecovered 
Plant and Regulatory Study Costs, and Account 182.3, Other Regulatory 
Assets.
    Total outstanding long-term debt means Part C, Line 38 of RUS Form 
7.
    Transaction costs means the reasonable cost of legal advice, 
accounting fees, filing fees, recording fees, call premiums and 
prepayment penalties, financing costs (including, for example, 
underwriting commissions, letter of credit fees and bond insurance), and 
printing associated with borrower financing.
    Water and waste disposal system means any system of community 
infrastructure whose primary function is the supplying of water and/or 
the collection and treatment of waste water and whose services are 
available by design to all or a substantial portion of the members of 
the community.
    Weighted average life of the loan means the average life of the loan 
based on the proportion of original loan principal paid during each year 
of the loan. It shall be determined by calculating the sum of all loan 
principal payments, expressed as a fraction of the original loan 
principal amount, times the number of years and fractions of years 
elapsed at the time of each payment since issuance of the loan. For 
example, given a $5 million loan, with a maturity of 5 years and equal 
principal payments of $1 million due on the anniversary date of the 
loan, the weighted average life would be: (.2)(1 year) + (.2)(2 years) + 
(.2)(3 years) + (.2)(4 years) + (.2)(5 years) = .2 years + .4 years + .6 
years + .8 years + 1.0 years = 3.0 years. If instead the loan had a 
balloon payment of $5 million at the end of 5 years, the weighted 
average life would be: ($5 million/$5 million)(5 years) = 5 years.

[58 FR 53843, Oct. 19, 1993, as amended at 59 FR 3986, Jan. 28, 1994; 60 
FR 67409, Dec. 29, 1995]



Sec.  1717.852  Financing purposes.

    (a) Purposes eligible. The following financing purposes, except as 
excluded in paragraph (b) of this section, are eligible for a lien 
accommodation from RUS, or in certain circumstances a subordination of 
RUS's lien on specific assets, provided that all applicable provisions 
of this subpart are met:
    (1) The acquisition, construction, improvement, modification, and 
replacement (less salvage value) of systems, equipment, and facilities, 
including real property, used to supply electric and/or steam power to:
    (i) RE Act beneficiaries; and/or

[[Page 122]]

    (ii) End-user customers of the borrower who are not beneficiaries of 
the RE Act. Such systems, equipment, and facilities include those listed 
in 7 CFR 1710.251(c) and 1710.252(c), as well as others that are 
determined by RUS to be an integral component of the borrower's system 
of supplying electric and/or steam power to consumers, such as, for 
example, coal mines, coal handling facilities, railroads and other 
transportation systems that supply fuel for generation, programs of 
demand side management and energy conservation, and on-grid and off-grid 
renewable energy systems;
    (2) The purchase, rehabilitation and integration of existing 
distribution facilities, equipment and systems, and associated service 
territory;
    (3) The following types of community infrastructure substantially 
located within the electric service territory of the borrower: water and 
waste disposal systems, solid waste disposal systems, telecommunication 
and other electronic communications systems, and natural gas 
distribution systems;
    (4) Front-end costs, when and as the borrower has obtained a binding 
commitment from the non-RUS lender for the financing required to 
complete the procurement or construction of the facilities;
    (5) Transaction costs included as part of the cost of financing 
assets or refinancing existing debt, provided, however, that the amount 
of transaction costs eligible for lien accommodation or subordination 
normally shall not exceed 5 percent of the principal amount of financing 
or refinancing provided, net of all transaction costs;
    (6) The refinancing of existing debt secured under the mortgage;
    (7) Interest during construction of generation and transmission 
facilities if approved by RUS, case by case, depending on the financial 
condition of the borrower, the terms of the financing, the nature of the 
construction, the treatment of these costs by regulatory authorities 
having jurisdiction, and such other factors deemed appropriate by RUS; 
and
    (8) Lien subordinations for certain rural development investments, 
as provided in Sec.  1717.858.
    (b) Purposes ineligible. The following financing purposes are not 
eligible for a lien accommodation or subordination from RUS:
    (1) Working capital, including operating funds, unless in the 
judgment of RUS the working capital is required to ensure the repayment 
of RUS loans and/or other loans secured under the mortgage;
    (2) Facilities, equipment, appliances, or wiring located inside the 
premises of the consumer, except:
    (i) Certain load-management equipment (see 7 CFR 1710.251(c));
    (ii) Renewable energy systems and RUS-approved programs of Demand 
side management, energy efficiency and energy conservation; and
    (iii) As determined by RUS on a case by case basis, facilities 
included as part of certain cogeneration projects to furnish electric 
and/or steam power to end-user customers of the borrower;
    (3) Investments in a lender required of the borrower as a condition 
for obtaining financing; and
    (4) Debt incurred by a distribution or power supply borrower to 
finance facilities, equipment or other assets that are not part of the 
borrower's electric system or one of the four community infrastructure 
systems cited in paragraph (a)(3) of this section, except for certain 
rural development investments eligible for a lien subordination under 
Sec.  1717.858.
    (c) Lien subordination for electric utility investments. RUS will 
consider subordinating its lien on specific electric utility assets 
financed by the lender, when the assets can be split off without 
materially reducing the stability, safety, reliability, operational 
efficiency, or liquidation value of the rest of the system.

[58 FR 53843, Oct. 19, 1993, as amended at 59 FR 3986, Jan. 28, 1994; 60 
FR 67409, Dec. 29, 1995; 78 FR 73370, Dec. 5, 2013]



Sec.  1717.853  Loan terms and conditions.

    (a) Terms and conditions. A loan, bond or other financing 
instrument, for which a lien accommodation or subordination is requested 
from RUS, must comply with the following terms and conditions:

[[Page 123]]

    (1) The maturity of the loan or bond used to finance facilities or 
other capital assets must not exceed the weighted average of the 
expected remaining useful lives of the assets being financed;
    (2) The loan or bond must have a maturity of not less than 5 years, 
except for loans or bonds used to refinance debt that has a remaining 
maturity of less than 5 years;
    (3) The principal of the loan or bond must be amortized at a rate 
that will yield a weighted average life not greater than the weighted 
average life that would result from level payments of principal and 
interest; and
    (4) The loan, or any portion of the loan, may bear either a variable 
(set annually or more frequently) or a fixed interest rate.
    (b) RUS approval. Loan terms and conditions and the loan agreement 
between the borrower and the lender are subject to RUS approval. 
However, RUS will usually waive its right of approval for distribution 
borrowers that meet the conditions for advance approval of a lien 
accommodation or subordination set forth in Sec.  1717.854. RUS may also 
waive its right of approval in other cases. RUS's decision to waive its 
right of approval will depend on the adequacy of security for RUS's 
loans, the current and projected financial strength of the borrower and 
its ability to meet its financial obligations, RUS's familiarity with 
the lender and its lending practices, whether the transaction is 
ordinary or unusual, and the uncertainty and credit risks involved in 
the transaction.



Sec.  1717.854  Advance approval--100 percent private financing 
of distribution, subtransmission and headquarters facilities, 
and certain other community infrastructure.

    (a) Policy. Requests for a lien accommodation or subordination from 
distribution borrowers for 100 percent private financing of 
distribution, subtransmission and headquarters facilities, and for 
community infrastructure listed in Sec.  1717.852(a)(3), qualify for 
advance approval by RUS if they meet the conditions of this section and 
all other applicable provisions of this subpart. Advance approval means 
RUS will approve these requests once RUS is satisfied that the 
conditions of this section and all other applicable provisions of this 
subpart have been met.
    (b) Eligible purposes. Lien accommodations or subordinations for the 
financing of distribution, subtransmission, and headquarters facilities 
and community infrastructure listed in Sec.  1717.852(a)(3) are eligible 
for advance approval, except those that involve the purchase of existing 
facilities and associated service territory.
    (c) Qualification criteria. To qualify for advance approval, the 
following requirements, as well as all other applicable requirements of 
this subpart, must be met:
    (1) The borrower has achieved a TIER of at least 1.25 and a DSC of 
at least 1.25 for each of 2 calendar years immediately preceding, or any 
2 consecutive 12 month periods ending within 180 days immediately 
preceding, the issuance of the debt;
    (2) The ratio of the borrower's equity, less deferred expenses, to 
total assets, less deferred expenses, is not less than 20 percent, after 
adding the principal amount of the proposed loan to the total assets of 
the borrower;
    (3) The borrower's net utility plant as a ratio to its total 
outstanding long-term debt is not less than 1.0, after adding the 
principal amount of the proposed loan to the existing outstanding long-
term debt of the borrower;
    (4) There are no actions or proceedings against the borrower, 
pending or overtly threatened in writing before any court, governmental 
agency, or arbitrator that would materially adversely affect the 
borrower's operations and/or financial condition;
    (5) The borrower is current on all debt payments and all other 
financial obligations, and is not in default under the RUS mortgage, the 
RUS loan contract, the borrower's wholesale power contract, any debt 
restructuring agreement, or any other agreement with RUS;
    (6) The borrower has:
    (i) Submitted the annual auditor's report, report on compliance, 
report on internal controls, and management letter in accordance with 7 
CFR part 1773;
    (ii) Received an unqualified opinion in the most recent auditor's 
report;

[[Page 124]]

    (iii) Resolved all material findings and recommendations made in the 
most recent Loan Fund and Accounting Review;
    (iv) Resolved all material findings and recommendations made in the 
most recent financial statement audit, including those material findings 
and recommendations made in the report on internal control, report on 
compliance, and management letter;
    (v) Resolved all outstanding material accounting issues with RUS; 
and
    (vi) Resolved any significant irregularities to RUS's satisfaction; 
and
    (7) If the borrower has a power supply contract with a power supply 
borrower, the power supply borrower is current on all debt payments and 
all other financial obligations, and is not in default under the RUS 
mortgage, the loan contract, any debt restructuring agreement, or any 
other agreement with RUS.
    (d) Right of normal review reserved. RUS reserves the right to 
review any request for lien accommodation or subordination under its 
normal review process rather than under advance approval procedures if 
RUS, in its sole discretion, determines there is reasonable doubt as to 
whether the requirements of paragraphs (b) and (c) of this section have 
been or will be met, or whether the borrower will be able to meet all of 
its present and future financial obligations.

[58 FR 53843, Oct. 19, 1993, as amended at 60 FR 67410, Dec. 29, 1995; 
65 FR 51748, Aug. 25, 2000; 86 FR 36197, July 9, 2021]



Sec.  1717.855  Application contents: Advance approval--100 percent 
private financing of distribution, subtransmission and headquarters 
facilities, and certain other community infrastructure.

    Applications for a lien accommodation or subordination that meet the 
requirements of Sec.  1717.854 must include the following information 
and documents:
    (a) A certification by an authorized official of the borrower that 
the borrower and, as applicable, the loan are in compliance with all 
conditions set forth in Sec.  1717.854(c) and all applicable provisions 
of Sec. Sec.  1717.852 and 1717.853;
    (b) A statement requesting the lien accommodation or subordination 
and including the amount and maturity of the proposed loan, a general 
description of the facilities or other purposes to be financed, the name 
and address of the lender, and an attached term sheet summarizing the 
terms and conditions of the proposed loan;
    (c) The borrower's financial and statistical report, the data in 
which shall not be more than 60 days old when the complete application 
is received by RUS;
    (d) Draft copy of any new mortgage or mortgage amendment 
(supplement) required by RUS or the lender, unless RUS has notified the 
borrower that it wishes to prepare these documents itself;
    (e) A copy of the loan agreement, loan note, bond or other financing 
instrument, unless RUS has notified the borrower that these documents 
need not be submitted;
    (f) Environmental documentation, in accordance with 7 CFR part 1970;
    (g) RUS Form 740c, Cost Estimates and Loan Budget for Electric 
Borrowers;
    (h) A CWP or CWP amendment covering the proposed project, in 
accordance with 7 CFR part 1710, subpart F, and subject to RUS approval.
    (i) The certification by the project architect for any buildings to 
be constructed, as required by Sec.  1717.850(i);
    (j) A certification by an authorized official of the borrower that 
flood hazard insurance will be obtained for the full value of any 
buildings, or other facilities susceptible to damage if flooded, that 
will be located in a flood hazard area;
    (k) Form AD-1047, Certification Regarding Debarment, Suspension, and 
Other Responsibility Matters--Primary Covered Transactions, as required 
by 2 CFR part 180, as adopted by USDA through 2 CFR part 417;
    (l) A report by the borrower stating whether or not it is delinquent 
on any Federal debt, and if delinquent, the amount and age of the 
delinquency and the reasons therefor; and a certification, if not 
previously provided, that the borrower has been informed of the 
Government's collection options;

[[Page 125]]

    (m) The written acknowledgement from a registered engineer or 
architect regarding compliance with seismic provisions of applicable 
model codes for any buildings to be constructed, as required by 7 CFR 
1792.104; and
    (n) Other information that RUS may require to determine whether all 
of the applicable provisions of this subpart have been met.

[58 FR 53843, Oct. 19, 1993, as amended at 60 FR 67410, Dec. 29, 1995; 
79 FR 76003, Dec. 19, 2014; 81 FR 11026, Mar. 2, 2016; 84 FR 32616, July 
9, 2019; 87 FR 73442, Nov. 30, 2022]



Sec.  1717.856  Application contents: Normal review--1
00 percent private financing.

    Applications for a lien accommodation or subordination for 100 
percent private financing for eligible purposes that do not meet the 
requirements of Sec.  1717.854 must include the following information 
and documents:
    (a) A certification by an authorized official of the borrower that:
    (1) The borrower and, as applicable, the loan are in compliance with 
all applicable provisions of Sec. Sec.  1717.852 and 1717.853; and
    (2) There are no actions or proceedings against the borrower, 
pending or overtly threatened in writing before any court, governmental 
agency, or arbitrator that would materially adversely affect the 
borrower's operations and/or financial condition. If this certification 
cannot be made, the application must include:
    (i) An opinion of borrower's counsel regarding any actions or 
proceedings against the borrower, pending or overtly threatened in 
writing before any court, governmental agency, or arbitrator that would 
materially adversely affect the borrower's operations and/or financial 
condition. The opinion shall address the merits of the claims asserted 
in the actions or proceedings, and include, if appropriate, an estimate 
of the amount or range of any potential loss; and
    (ii) A certification by an authorized official of the borrower as to 
the amount of any insurance coverage applicable to any loss that may 
result from the actions and proceedings addressed in the opinion of 
borrower's counsel;
    (b) The information and documents set forth in Sec.  1717.855 (b) 
through (n);
    (c) A long-range financial forecast providing financial projections 
for at least 10 years, which demonstrates that the borrower's system is 
economically viable and that the proposed loan is financially feasible. 
The financial forecast must comply with the requirements of 7 CFR part 
1710 subpart G. RUS may, in its sole discretion, waive the requirement 
of this paragraph that a long range financial forecast be provided, if:
    (1) The borrower is current on all of its financial obligations and 
is in compliance with all requirements of its mortgage and loan 
agreement with RUS;
    (2) In RUS's judgment, granting a lien accommodation or 
subordination for the proposed loan will not adversely affect the 
repayment and security of outstanding debt of the borrower owed to or 
guaranteed by RUS;
    (3) The borrower has achieved the TIER and DSC and any other 
coverage ratios required by its mortgage or loan contract in each of the 
two most recent calendar years; and
    (4) The amount of the proposed loan does not exceed the lesser of 
$10 million or 10 percent of the borrower's current net utility plant;
    (d) [Reserved]
    (e) As applicable to the type of facilities being financed, a CWP, 
related engineering and cost studies, a power cost study. These 
documents must meet the requirements of 7 CFR part 1710, subpart F and, 
as applicable, subpart G;
    (f) Unless the requirement has been waived in writing by RUS, a 
current load forecast, which must meet the requirements of 7 CFR part 
1710, subpart E, to the same extent as if the loan were being made by 
RUS; and
    (g) A discussion of the borrower's compliance with RUS requirements 
on accounting, financial reporting, record keeping, and irregularities 
(see Sec.  1717.854(c)(5)). RUS will review the case and determine the 
effect of any noncompliance on the feasibility and security of RUS's 
loans, and whether

[[Page 126]]

the requested lien accommodation or subordination can be approved.

[58 FR 53843, Oct. 19, 1993, as amended at 60 FR 3735, Jan. 19, 1995; 60 
FR 67410, Dec. 29, 1995; 84 FR 32616, July 9, 2019; 84 FR 37059, July 
31, 2019]



Sec.  1717.857  Refinancing of existing secured debt--distribution 
and power supply borrowers.

    (a) Advance approval. All applications for a lien accommodation or 
subordination for the refinancing of existing secured debt that meet the 
qualification criteria of this paragraph, except applications from 
borrowers in default under their mortgage or loan contract with RUS, are 
eligible for advance approval. Such lien accommodations and 
subordinations are deemed to be in the Government's interest, and RUS 
will approve them once RUS is satisfied that the requirements of this 
paragraph and paragraph (c) of this section have been met. The 
qualification criteria are as follows:
    (1) The refinancing is a current refunding and does not involve 
interest rate swaps, forward delivery contracts, or similar features;
    (2) The principal amount of the refinancing loan does not exceed the 
sum of the outstanding principal amount of the debt being refinanced 
plus the amount of transactions costs included in the refinancing loan 
that are eligible for lien accommodation or subordination under Sec.  
1717.852(a)(4);
    (3) The weighted average life of the refinancing loan is not greater 
than the weighted average remaining life of the loan being refinanced; 
and
    (4) The present value of the cost of the refinancing loan, including 
all transaction costs and any required investments in the lender, is 
less than the present value of the cost of the loan being refinanced, as 
determined by a method acceptable to RUS. The discount rate used in the 
present value analysis shall be equal to either:
    (i) The current rate on Treasury securities having a maturity equal 
to the weighted average life of the refunding loan, plus one-eighth 
percent, or
    (ii) A rate approved by RUS based on documentation provided by the 
borrower as to its marginal long-term borrowing cost.
    (b) Other applications. Applications for a lien accommodation or 
subordination for refinancing that do not meet the requirements of 
paragraph (a) of this section will be reviewed by RUS under normal 
review procedures for these applications. In the case of either advance 
approval or normal review, a lien subordination would be authorized only 
if the lien of the mortgage was subordinated with respect to the assets 
securing the loan being refinanced.
    (c) Application contents--advance approval of refinancing. 
Applications for a lien accommodation or subordination for refinancing 
of existing secured debt that meet the qualification criteria for 
advance approval set forth in paragraph (a) of this section, must 
include the following information and documents:
    (1) A certification by an authorized official of the borrower that 
the application meets the requirements of paragraph (a) of this section 
and all applicable provisions of Sec. Sec.  1717.852 and 1717.853;
    (2) Documentation and analysis demonstrating that the application 
meets the qualification criteria set forth in paragraph (a) of this 
section;
    (3) A statement from the borrower requesting the lien accommodation 
or subordination and including the amount and maturity of the proposed 
loan, a general description of the debt to be refinanced, the name and 
address of the lender, and an attached term sheet summarizing the terms 
and conditions of the proposed loan;
    (4) The borrower's financial and statistical report, the data in 
which shall not be more than 60 days old when the complete application 
is received by RUS;
    (5) Draft copy of any new mortgage or mortgage amendment 
(supplement) required by RUS or the lender, unless RUS has notified the 
borrower that it wishes to prepare these documents itself;
    (6) A copy of the loan agreement, loan note, bond or other financing 
instrument, unless RUS has notified the borrower that these documents 
need not be submitted;
    (7) Form AD-1047, Certification Regarding Debarment, Suspension, and 
Other Responsibility Matters--Primary

[[Page 127]]

Covered Transactions, as required by 2 CFR part 417:
    (8) A report by the borrower stating whether or not it is delinquent 
on any Federal debt, and if delinquent, the amount and age of the 
delinquency and the reasons therefor; and a certification, if not 
previously provided, that the borrower has been informed of the 
Government's collection options; and
    (9) Other information, documents and opinions that RUS may require 
to determine whether all of the applicable provisions of this subpart 
have been met.
    (d) Application contents--normal review of refinancing. Applications 
for a lien accommodation or subordination for refinancing of existing 
secured debt that do not meet the requirements for advance approval set 
forth in paragraph (a) of this section, must include the following 
information and documents:
    (1) The information and documents set forth in paragraphs (c)(3) 
through (9) of this section;
    (2) A complete description of the refinancing loan and the 
outstanding debt to be refinanced;
    (3) An analysis comparing the refinancing loan with the loan being 
refinanced as to the weighted average life and the net present value of 
the costs of the two loans; and
    (4) If the present value of the cost of the refinancing loan is 
greater than the present value of the cost of the debt being refinanced, 
financial forecasts for at least 5 years comparing the borrower's debt 
service and other costs, revenues, margins, cash flows, TIER, and DSC, 
with and without the proposed refinancing.
    (e) Application process and timeframes. The application process and 
timeframes for RUS review and action for refinancings are set forth in 
Sec.  1717.859(d).
    (f) Prepayments of concurrent RUS insured loans. If the loan being 
refinanced was made concurrently as supplemental financing required by 
RUS in connection with an RUS insured loan, the refinancing will not be 
considered a prepayment under the RUS mortgage, and no proportional 
prepayment of the concurrent RUS insured loan will be required, provided 
that the principal amount of the refinancing loan is not less than the 
amount of loan principal being refinanced, and the weighted average life 
of the refinancing loan is materially equal to the weighted average 
remaining life of the loan being refinanced. The refinancing loan shall 
be considered a concurrent loan.

[58 FR 53843, Oct. 19, 1993, as amended at 60 FR 67410, Dec. 29, 1995; 
79 FR 76003, Dec. 19, 2014; 84 FR 32616, July 9, 2019]



Sec.  1717.858  Lien subordination for rural development investments.

    (a) Policy. RUS encourages borrowers to consider investing in 
financially sound projects that are likely to have a positive effect on 
economic development and employment in rural areas. In addition to the 
guidance set forth in Sec.  1717.651, RUS recommends that such 
investments be made through a subsidiary of the borrower in order to 
clearly separate the financial risks and the revenues and costs of the 
rural development enterprise from those of the borrower's electric 
utility business. This should reduce credit risks to the borrower's 
primary business, and minimize the possibility of undisclosed cross 
subsidization of the rural development enterprise by electric rate 
payers.
    (b) Lien subordination. RUS will consider subordinating or releasing 
its lien on the stock held by a borrower in a subsidiary whose primary 
business directly contributes to or supports economic development and 
employment in rural areas, as defined in section 13 of the RE Act, when 
requested by a lender to the subsidiary, other than the borrower. To be 
eligible for said lien subordination or release:
    (1) The borrower must be current on all of its financial obligations 
and be in compliance with all provisions of its mortgage and loan 
agreement with RUS; and
    (2) In the judgment of RUS, the borrower must be able to repay all 
of its outstanding debt, and the security for all outstanding loans made 
to the borrower by RUS, including loans guaranteed by RUS, must be 
adequate, after taking into account the proposed subordination or 
release of lien.
    (c) Application contents. Applications for a lien subordination or 
release of

[[Page 128]]

lien for rural development investments must include the following 
information and documents:
    (1) A statement from the borrower requesting the lien subordination 
or release of lien.
    (2) A certification by an authorized official of the borrower that 
the borrower is current on all of its financial obligations and is in 
compliance with all provisions of its mortgage and loan agreement with 
RUS;
    (3) A description of the facilities or other purposes to be financed 
and the projected effects on economic development and employment in 
rural areas;
    (4) The borrower's financial and statistical report, the data in 
which shall not be more than 60 days old when the complete application 
is received by RUS;
    (5) If requested by RUS, a long-range financial forecast providing 
financial projections for at least 10 years, in form and substance 
satisfactory to RUS, which demonstrates that the borrower's system is 
economically viable and that the borrower will be able to repay all of 
its outstanding debt and meet all other financial obligations;
    (6) A discussion of the borrower's compliance with RUS requirements 
on accounting, financial reporting, record keeping, and irregularities 
(see Sec.  1717.854(c)(5)). RUS will review the case and determine the 
effect of any noncompliance on the feasibility and security of RUS's 
loans, and whether the requested lien subordination or release of lien 
can be approved;
    (7) If any buildings are to be constructed with the proceeds of the 
loan to be made to the subsidiary:
    (i) A certification by the project architect that the buildings will 
be designed and constructed in compliance with Section 504 of the 
Rehabilitation Act of 1973 as amended (29 U.S.C. 794), as applicable 
under that Act, and that the facilities will be readily accessible to 
and usable by persons with handicaps in accordance with the Uniform 
Federal Accessibility Standards; and
    (ii) A written acknowledgement from a registered engineer or 
architect regarding compliance with seismic provisions of applicable 
model codes, as required by 7 CFR 1792.104;
    (8) A certification by an authorized official of the borrower that 
flood hazard insurance will be obtained for the full value of any 
buildings, or other facilities susceptible to damage if flooded, that 
will be located in a flood hazard area;
    (9) Form AD-1047, Certification Regarding Debarment, Suspension, and 
Other Responsibility Matters--Primary Covered Transactions, as required 
by 2 CFR part 180, as adopted by USDA through 2 CFR part 417;
    (10) A report by the borrower stating whether or not it is 
delinquent on any Federal debt, and if delinquent, the amount and age of 
the delinquency and the reasons therefor; and a certification, if not 
previously provided, that the borrower has been informed of the 
Government's collection options; and
    (11) Other information that RUS may require to determine whether all 
of the applicable provisions of this subpart have been met.

[58 FR 53843, Oct. 19, 1993, as amended at 79 FR 76003, Dec. 19, 2014; 
84 FR 32616, July 9, 2019]



Sec.  1717.859  Application process and timeframes.

    (a) General. (1) Borrowers are responsible for ensuring that their 
applications for a lien accommodation or subordination are complete and 
sound as to substance and form before they are submitted to RUS. RUS 
will not accept any application that, on its face, is incomplete or 
inadequate as to the substantive information required by this subpart. 
RUS will notify borrowers in writing when their applications are 
complete and in form and substance satisfactory to RUS. A copy of all 
notifications of borrowers cited in this section will also be sent to 
the private lender.
    (2) It is recommended that borrowers consult with RUS staff before 
submitting their applications to determine whether they will likely 
qualify for advance approval or normal review, and to obtain answers to 
any questions about the information and documents required for the 
application.
    (3) A borrower shall, after submitting an application, promptly 
notify RUS of any changes that materially affect the

[[Page 129]]

information contained in its application.
    (4) After submitting an application and having been notified by RUS 
of additional information and documents and other changes needed to 
complete the application, if the required information and documents are 
not supplied to RUS within 30 calendar days of the borrower's receipt of 
the notice, RUS may return the application to the borrower. The borrower 
may resubmit the application when the required additional information 
and documents are available.
    (5) Timeframes. The timeframes for review of applications set forth 
in this section are based on the following conditions:
    (i) The types of lien accommodations or subordinations requested are 
of the ``standard'' types that RUS has approved previously, i.e., the 
so-called Type I, II and III lien accommodations. Future revisions of 
the RUS mortgage may result in other ``standard'' types of lien 
accommodations and lien subordinations acceptable to RUS. Requests for 
lien accommodations or subordinations that are substantially different 
than the ``standard'' types previously approved by RUS may require 
additional time for review and action;
    (ii) The requested lien accommodation or subordination does not 
require the preparation of an environmental assessment or an 
Environmental Impact Statement. Preparation of these documents often 
will require additional time beyond the timeframes cited in this 
section; and
    (iii) The timeframes set forth in this section, except for paragraph 
(b)(4) of this section, which deals only with approval of a new mortgage 
or mortgage amendment, include RUS review and/or approval of a loan 
contract, if required as part of the application, and required 
supporting documents, such as a CWP.
    (b) Advance approval--100 percent private financing of distribution, 
subtransmission, and headquarters facilities. (1) Applications that 
qualify under Sec.  1717.854 for advance approval of a lien 
accommodation or subordination for 100 percent private financing of 
distribution, subtransmission, and headquarters facilities are submitted 
to the general field representative (GFR). The GFR will work with the 
borrower to ensure that all components of the application are assembled. 
Once the application is satisfactory to the GFR, it will be sent 
promptly to the Washington office for further review and action. If a 
new mortgage or mortgage amendment is required, a draft of these 
documents must be included in the application, unless the borrower has 
been notified that RUS wishes to prepare the documents itself.
    (2) If no additional or amended information is needed for RUS to 
complete its review of the application once it is received in the 
Washington Office, RUS will, within 45 calendar days of receiving the 
application in the Washington Office, either:
    (i) Approve the lien accommodation or subordination if the borrower 
has demonstrated satisfactorily to RUS that all requirements of this 
subpart applicable to advance approval have been met, and send written 
notice to the borrower. RUS's approval, in this case and all other 
cases, will be conditioned upon execution and delivery by the borrower 
of a satisfactory security instrument, if required, and such additional 
information, documents, and opinions of counsel as RUS may require;
    (ii) If all requirements have not been met, so notify the borrower 
in writing. The application will be returned to the borrower unless the 
borrower requests that it be reconsidered under the requirements and 
procedures for normal review set forth in paragraph (c) of this section 
and in Sec.  1717.856; or
    (iii) Send written notice to the borrower explaining why a decision 
cannot be made at that time and giving the estimated date when a 
decision is expected.
    (3) If additional or amended information is needed after the 
application is received in the Washington Office, RUS will so notify the 
borrower in writing within 15 calendar days of receiving the application 
in the Washington Office. If RUS subsequently becomes aware of other 
deficiencies in the application, additional written notice will be sent 
to the borrower. Within 30 calendar days of receiving all of the 
information required by RUS to complete its review, RUS will act on the 
application

[[Page 130]]

as described in paragraphs (b)(2)(i) through (b)(2)(iii) of this 
section.
    (4) If a new mortgage or mortgage amendment is required, within 30 
days of receiving such documents satisfactory to RUS, including required 
execution counterparts, RUS will execute the documents and send them to 
the borrower, along with instructions pertaining to recording of the 
mortgage, an opinion of borrower's counsel, and other matters. RUS will 
promptly notify the borrower upon receiving satisfactory evidence that 
the borrower has complied with said instructions.
    (c) Normal review--100 percent private financing of distribution, 
transmission, and/or generation facilities--(1) Distribution borrowers. 
(i) Applications from distribution borrowers for a lien accommodation or 
subordination for 100 percent private financing of distribution, 
transmission, and/or generation facilities (including other eligible 
electric utility purposes) that do not meet the criteria for advance 
approval, are also submitted to the GFR. Procedures at this stage are 
the same as in paragraph (b)(1) of this section.
    (ii) If no additional or amended information is needed for RUS to 
complete its review of the application once it is received in the 
Washington office, RUS will, within 90 calendar days of receiving the 
application in the Washington office, send written notice to the 
borrower either approving the request, disapproving the request, or 
explaining why a decision cannot be made at that time and giving the 
estimated date when a decision is expected.
    (iii) If additional or amended information is needed after the 
application is received in the Washington Office, RUS will so notify the 
borrower in writing within 15 calendar days of receiving the application 
in the Washington Office. If RUS subsequently becomes aware of other 
deficiencies in the application, additional written notice will be sent 
to the borrower. Within 90 calendar days of receiving all of the 
information required by RUS to complete its review, RUS will act on the 
application as described in paragraph (c)(1)(ii) of this section.
    (iv) If a new mortgage or mortgage amendment is required, the 
procedures and timeframes of paragraph (b)(4) of this section will 
apply.
    (2) Power supply borrowers. (i) Applications from power supply 
borrowers for a lien accommodation or subordination for 100 percent 
private financing of distribution, transmission, and/or generation 
facilities, and other eligible electric utility purposes, are submitted 
to the RUS Power Supply Division, or its successor, in Washington, DC.
    (ii) Within 30 calendar days of receiving the borrower's application 
containing the information and documents required by Sec.  1717.856, RUS 
will send written notice to the borrower of any deficiencies in its 
application as to completeness and acceptable form and substance. 
Additional written notices may be sent to the borrower if RUS 
subsequently becomes aware of other deficiencies in the borrower's 
application.
    (iii) Within 90 calendar days of receiving all of the information 
required by RUS to complete its review, RUS will act on the application 
as described in paragraph (c)(1)(ii) of this section.
    (iv) If a new mortgage or mortgage amendment is required, these 
documents will be reviewed and executed pursuant to the procedures and 
timeframes of paragraph (b)(4) of this section.
    (d) Refinancing of existing debt. All requests for a lien 
accommodation or subordination for refinancing are sent directly to the 
Washington office.
    (1) Advance approval. (i) Within 15 calendar days of receiving the 
borrower's application containing the information and documents required 
by Sec.  1717.857(c), RUS will send written notice to the borrower of 
any deficiencies in its application as to completeness and acceptable 
form and substance. Additional written notices may be sent to the 
borrower if RUS subsequently becomes aware of other deficiencies in the 
borrower's application.
    (ii) Within 15 calendar days of receiving all of the required 
information and documents, in form and substance satisfactory to RUS, 
RUS will either:
    (A) Approve the lien accommodation or subordination if the borrower 
has demonstrated satisfactorily to RUS that all requirements of Sec.  
1717.857(a)

[[Page 131]]

and (c) have been met, and send written notice to the borrower;
    (B) If all requirements have not been met, so notify the borrower in 
writing. The application will be returned to the borrower unless the 
borrower requests that it be reconsidered under the requirements and 
procedures for normal review set forth in paragraph (d)(2) of this 
section and in Sec.  1717.857; or
    (C) Send written notice to the borrower explaining why a decision 
cannot be made at that time and giving the estimated date when a 
decision is expected.
    (iii) If a new mortgage or mortgage amendment is required, these 
documents will be reviewed and executed pursuant to the procedures and 
timeframes of paragraph (b)(4) of this section.
    (2) Normal review. (i) Within 20 calendar days of receiving the 
borrower's application containing the information and documents required 
by Sec.  1717.857(d), RUS will send written notice to the borrower of 
any deficiencies in its application as to completeness and acceptable 
form and substance. Additional written notices may be sent to the 
borrower if RUS subsequently becomes aware of other deficiencies in the 
borrower's application.
    (ii) Within 30 calendar days of receiving all of the required 
information and documents, in form and substance satisfactory to RUS, 
RUS will notify the borrower in writing either approving the request, 
disapproving the request, or explaining why a decision cannot be made at 
that time and giving the estimated date when a decision is expected. If 
the proposed refinancing involves complicated transactions such as 
interest rate swaps or forward delivery contracts, additional time may 
be required for RUS review and final action.
    (iii) If a new mortgage or mortgage amendment is required, these 
documents will be reviewed and executed pursuant to the procedures and 
timeframes of paragraph (b)(4) of this section.
    (e) Rural development investments. (1) Applications for a lien 
subordination for rural development investments are submitted by 
distribution borrowers to the GFR and by power supply borrowers to the 
RUS Power Supply Division, or its successor, in Washington, DC.
    (2) The GFR will work with the borrower to ensure that all 
components of the application are assembled. Once the application is 
satisfactory to the GFR, it will be sent promptly to the Washington 
Office for further review and action. After the application is received 
in the Washington Office, if additional or amended information is needed 
for RUS to complete its review, RUS will so notify the borrower in 
writing within 15 calendar days of receiving the application.
    (3) Applications from power supply borrowers containing the 
information and documents required by Sec.  1717.858(c) will be reviewed 
in the Washington office and the borrower given written notice within 30 
calendar days of receiving the application of any deficiencies as to 
completeness and acceptable form and substance. Additional written 
notices may be sent to the borrower if RUS subsequently becomes aware of 
other deficiencies in the borrower's application.
    (4) Within 60 calendar days of receiving in the Washington office 
all of the required information and documents, in form and substance 
satisfactory to RUS, RUS will give written notice to the borrower either 
approving the request, disapproving the request, or explaining why a 
decision cannot be made at that time and giving the estimated date when 
a decision is expected.
    (5) If a new mortgage or mortgage amendment is required, these 
documents will be reviewed and executed pursuant to the procedures and 
timeframes of paragraph (b)(4) of this section.



Sec.  1717.860  Lien accommodations and subordinations under section 306E 
of the RE Act.

    (a) General. Under section 306E of the RE Act, when requested by a 
private lender providing financing for capital investments by a borrower 
whose net worth exceeds 110 percent of the outstanding principal balance 
of all loans made or guaranteed to the borrower by RUS, the 
Administrator will, without delay, offer to share the government's

[[Page 132]]

lien on the borrower's system or subordinate the government's lien on 
the property financed by the private lender, provided that the security, 
including the assurance of repayment, for loans made or guaranteed by 
RUS will remain reasonably adequate. To qualify for a lien accommodation 
or subordination under this section, the investment must be an original 
capital investment, i.e., not a refinancing or refunding. (See Sec.  
1717.851 for the definition of capital investment.)
    (b) Determination of net worth to RUS debt ratio. (1) In the case of 
applications for a lien accommodation, a borrower's net worth will be 
based on the borrower's most recent financial and statistical report, 
the data in which shall not be more than 60 days old at the time the 
application is received by RUS, and the outstanding debt owed to or 
guaranteed by RUS will be based on latest RUS records available. The 
financial and statistical reports (Form 7 for distribution borrowers and 
Form 12a for power supply borrowers) are subject to RUS review and 
revision, and they must comply with RUS's system of accounts and 
accounting principles set forth in 7 CFR part 1767. Since sinking fund 
depreciation is not approved under part 1767, net worth for borrowers 
using sinking fund depreciation will be calculated as if the borrower 
had been using straight line depreciation.
    (2) Net worth shall be calculated by taking total margins and 
equities (Line 33 of Part C of RUS Form 7 for distribution borrowers, or 
Line 34 of Section B of RUS Form 12a for power supply borrowers) and 
subtracting assets properly recordable in account 182.2, Unrecovered 
Plant and Regulatory Study Costs, and account 182.3, Other Regulatory 
Assets, as defined in 7 CFR part 1767.
    (c) Application requirements and process. (1) If a borrower's net 
worth to RUS debt ratio exceeds 110 percent, as determined by RUS, and 
the borrower is in compliance with all requirements of its mortgage, 
loan agreement with RUS, and any other agreement with RUS that have not 
been exempted in writing by RUS, if requested RUS will expeditiously 
approve a lien accommodation or subordination for 100 percent private 
financing of capital investments, provided that the security, including 
the assurance of repayment, for loans made or guaranteed by RUS will 
remain reasonably adequate. RUS's approval will be conditioned upon 
execution and delivery by the borrower of a security instrument 
satisfactory to RUS, if required, and such additional information, 
documents, and opinions of counsel as RUS may require.
    (2) The application must include the following:
    (i) A statement from the borrower requesting the lien accommodation 
and including the amount and maturity of the proposed loan, a general 
description of the facilities or other purposes to be financed, the name 
and address of the lender, and an attached term sheet summarizing the 
terms and conditions of the proposed loan;
    (ii) A certification by an authorized official of the borrower that 
the borrower is in compliance with all requirements of its mortgage, 
loan agreement with RUS, and any other agreement with RUS that have not 
been exempted in writing by RUS;
    (iii) The borrower's financial and statistical report, the data in 
which shall not be more than 60 days old when the complete application 
is received by RUS;
    (iv) Draft copy of any new mortgage or mortgage amendment 
(supplement) required by RUS or the lender, unless RUS has notified the 
borrower that it wishes to prepare these documents itself;
    (v) A copy of the loan agreement, loan note, bond or other financing 
instrument, unless RUS has notified the borrower that these documents 
need not be submitted. These documents will not be subject to RUS 
approval, but may be reviewed to determine whether they contain any 
provisions that would result in the security, including assurance of 
repayment, for loans made or guaranteed by RUS no longer being 
reasonably adequate;
    (vi) The following certifications and reports required by law:
    (A) The certification by the project architect for any buildings to 
be constructed, as required by 7 CFR 1717.850(i);

[[Page 133]]

    (B) A certification by an authorized official of the borrower that 
flood hazard insurance will be obtained for the full value of any 
buildings, or other facilities susceptible to damage if flooded, that 
will be located in a flood hazard area;
    (C) Form AD-1047, Certification Regarding Debarment, Suspension, and 
Other Responsibility Matters--Primary Covered Transactions, as required 
by 2 CFR part 180, adopted by USDA through 2 CFR part 417;
    (D) A report by the borrower stating whether or not it is delinquent 
on any Federal debt, and if delinquent, the amount and age of the 
delinquency and the reasons therefor; and a certification, if not 
previously provided, that the borrower has been informed of the 
Government's collection options; and
    (E) The written acknowledgement from a registered engineer or 
architect regarding compliance with seismic provisions of applicable 
model codes for any buildings to be constructed, as required by 7 CFR 
1792.104. All other elements of an application listed in Sec.  1717.855, 
Sec.  1717.856, and Sec.  1717.858(c) not listed in this paragraph (c) 
are exempted.
    (3) Applications from distribution borrowers are submitted to the 
general field representative (GFR), while applications from power supply 
borrowers are submitted to the RUS Power Supply Division, or its 
successor, in Washington, DC. When an application is satisfactory to the 
GFR, it will be sent promptly to the Washington office. If Washington 
office staff determine that an application is incomplete, the borrower 
will be promptly notified in writing about the deficiencies. When the 
application is complete, and if the security, including assurance of 
repayment, of loans made or guaranteed by RUS will remain reasonably 
adequate after granting the lien accommodation or subordination, the 
borrower and the lender will be promptly notified in writing that the 
lien accommodation or subornation has been approved, subject to the 
conditions cited in paragraph (c)(1) of this section.
    (d) Rural development and other non-electric utility investments. 
Although RUS recommends the use of separate subsidiaries as set forth in 
Sec.  1717.858, if requested by a borrower that meets the 110 percent 
equity test and all other applicable requirements of this section, RUS 
will provide a lien subordination on the specific assets financed in the 
case of loans made directly to the borrower for rural development and 
other non-electric utility purposes, provided that the outstanding 
balance of all such loans lien subordinated under this paragraph (d), 
after taking into consideration the effect of the new loan, does not 
exceed 15 percent of the borrower's net worth and the security, 
including assurance of repayment, of loans made or guaranteed by RUS 
will remain reasonably adequate after granting the lien subordination. 
Investments lien subordinated under this paragraph shall be included 
among those investments subject to the 15 percent of total utility plant 
limitation set forth in 7 CFR 1717.654(b)(1), and granting of the lien 
subordination will not constitute approval of the investment under 7 CFR 
part 1717, subpart N.
    (e) Requirements and controls not exempted. All requirements and 
limitations imposed with respect to lien accommodations and 
subordinations by this subpart R that are not specifically exempted by 
this section are not exempted and shall continue to apply according to 
their terms.

[59 FR 3986, Jan. 28, 1994, as amended at 60 FR 3735, Jan. 19, 1995; 60 
FR 67410, Dec. 29, 1995; 79 FR 76003, Dec. 19, 2014; 84 FR 32616, July 
9, 2019]



Sec. Sec.  1717.861-1717.899  [Reserved]



 Subpart S_Lien Accommodations for Supplemental Financing Required by 7 
                              CFR 1710.110

    Source: 58 FR 53851, Oct. 19, 1993, unless otherwise noted.



Sec.  1717.900  Qualification requirements.

    Applications for a lien accommodation for supplemental financing 
required by 7 CFR 1710.110 must meet the same requirements as an RUS 
insured loan. The justification and documentation materials submitted as 
part of the borrower's application for an insured loan also serve as the 
justification and documentation of the request for a lien

[[Page 134]]

accommodation for the required supplemental loan. Unless early approval 
under Sec.  1717.901 is requested by a borrower, these applications will 
be processed during the same time as RUS's review of the borrower's 
application for the concurrent insured loan.



Sec.  1717.901  Early approval.

    (a) Conditions. If requested by a borrower in writing, RUS will 
review the application for a lien accommodation for required 
supplemental financing early in the process, before funding is available 
for the concurrent RUS insured loan, and approve the lien accommodation 
if the following conditions are met:
    (1) The required supplemental loan meets the requirements for an 
insured loan, as set forth in 7 CFR part 1710, subparts A through G, and 
other RUS regulations pertaining to required supplemental loans;
    (2) The borrower has demonstrated the ability to obtain the funds 
that would be needed to complete other portions of the project, if the 
portion to be constructed with private loan funds could not be used 
productively without completion of such other portions, in the event 
concurrent RUS insured loan funds are not forthcoming. Such evidence may 
include financial records demonstrating the availability of general 
funds, and/or a written commitment from the private lender to provide a 
loan for the remaining amount of financing required, with such 
commitment being conditioned upon the availability of a lien 
accommodation from RUS; and
    (3) An authorized official of the borrower has requested early 
approval of the lien accommodation and explained the reasons therefor, 
and has certified that the funds are needed and will be drawn down 
before funds from the concurrent insured loan are expected to be 
available, assuming that the insured loan is approved.
    (b) Timeframe for RUS action. (1) RUS will either approve or 
disapprove the lien accommodation within 90 days of receiving the 
borrower's request for early approval and the complete application for 
the concurrent RUS loan and required supplemental financing, in form and 
substance satisfactory to RUS, or notify the borrower in writing of the 
estimated date when a decision is expected. If an environmental 
assessment or an Environmental Impact Statement is required, additional 
time beyond the 90 days may be required to prepare these documents. 
RUS's approval of the lien accommodation will be conditioned upon 
execution and delivery by the borrower of a satisfactory security 
instrument, if required, and such additional information, documents, and 
opinions of counsel as RUS may require.
    (2) If a mortgage or mortgage amendment is required, RUS will 
consult with the other mortgagees as to who will prepare the documents. 
Within 30 days of obtaining the documents satisfactory to RUS, including 
required execution counterparts, RUS will execute the documents and send 
them to the borrower, along with instructions pertaining to recording of 
the mortgage, an opinion of borrower's counsel, and other matters. RUS 
will promptly notify the borrower upon receiving satisfactory evidence 
that the borrower has complied with said instructions.
    (c) Approval of concurrent insured loan. Early approval of a lien 
accommodation for a required supplemental loan does not ensure that the 
concurrent RUS insured loan will be approved. The request for the 
concurrent insured loan will be reviewed when funds are available to 
make the loan. The borrower may be requested to update certain 
supporting information in the loan application if substantial time has 
elapsed since the lien accommodation or subordination was approved.



Sec.  1717.902  Other RUS requirements.

    Supplemental loans required by 7 CFR 1710.110 are subject to the 
same post-loan requirements as insured RUS loans regarding accepted 
materials, construction standards, contracting and procurement 
procedures, standard forms of contracts, RUS approval of the advance of 
loan funds, and other matters.



Sec.  1717.903  Liability.

    It is the intent of this subpart that any failure on the part of RUS 
to comply with any provisions of this subpart, including without 
limitation, those

[[Page 135]]

provisions setting forth specified timeframes for action by RUS on 
applications for lien accommodations or lien subordinations, shall not 
give rise to liability of any kind on the part of the Government or any 
employees of the Government including, without limitation, liability for 
damages, fees, expenses or costs incurred by or on behalf of a borrower, 
private lender or any other party.



Sec.  1717.904  Exemptions pursuant to section 306E of the RE Act.

    (a) General policy. If a borrower's net worth to RUS debt ratio 
exceeds 110 percent, as determined by RUS, and the borrower is in 
compliance with all requirements of its mortgage, loan agreement with 
RUS, and any other agreement with RUS that have not been exempted in 
writing by RUS, RUS will expeditiously approve a lien accommodation for 
a concurrent supplemental loan if requested in writing by the borrower, 
provided that the security, including assurance of repayment, of loans 
made or guaranteed by RUS will remain reasonably adequate. RUS's 
approval will be conditioned upon execution and delivery by the borrower 
of a security instrument satisfactory to RUS, if required, and such 
additional information, documents, and opinions of counsel as RUS may 
require.
    (b) Determination of net worth to RUS debt ratio. A borrower's ratio 
of net worth to RUS debt will be determined as set forth in Sec.  
1717.860(b).
    (c) Procedures. If a borrower meets the requirements of this 
section, upon receipt of a complete application RUS will promptly notify 
the borrower and lender in writing that the lien accommodation has been 
approved subject to the conditions set forth in paragraph (a) of this 
section.

[59 FR 3987, Jan. 28, 1994, as amended at 67 FR 70153, Nov. 21, 2002]



Sec. Sec.  1717.905-1717.949  [Reserved]

Subpart T [Reserved]



Sec. Sec.  1717.950-1717.999  [Reserved]

Subpart U [Reserved]



Sec. Sec.  1717.1000-1717.1049  [Reserved]

Subpart V [Reserved]



Sec. Sec.  1717.1050-1717.1099  [Reserved]

Subpart W [Reserved]



Sec. Sec.  1717.1100-1717.1149  [Reserved]

Subpart X [Reserved]



Sec. Sec.  1717.1150-1717.1199  [Reserved]



                      Subpart Y_Settlement of Debt

    Source: 62 FR 50491, Sept. 26, 1997, unless otherwise noted.



Sec.  1717.1200  Purpose and scope.

    (a) Section 331(b) of the Consolidated Farm and Rural Development 
Act (Con Act), as amended on April 4, 1996 by Public Law 104-127, 110 
Stat. 888 (7 U.S.C. 1981), grants authority to the Secretary of 
Agriculture to compromise, adjust, reduce, or charge-off debts or claims 
arising from loans made or guaranteed under the Rural Electrification 
Act of 1936, as amended (RE Act). Section 331(b) of the Con Act also 
authorizes the Secretary of Agriculture to adjust, modify, subordinate, 
or release the terms of security instruments, leases, contracts, and 
agreements entered into or administered by the Rural Utilities Service 
(RUS). The Secretary, in 7 CFR 2.47, has delegated authority under 
section 331(b) of the Con Act to the Administrator of the RUS, with 
respect to loans made or guaranteed by RUS.
    (b) This subpart sets forth the policy and standards of the 
Administrator of RUS with respect to the settlement of debts and claims 
arising from loans made or guaranteed to rural electric borrowers under 
the RE Act. Nothing in this subpart limits the Administrator's authority 
under section 12 of the RE Act.



Sec.  1717.1201  Definitions.

    Terms used in this subpart that are not defined in this section have 
the meanings set forth in 7 CFR part 1710. In addition, for the purposes 
of this subpart:

[[Page 136]]

    Application for debt settlement means a written application 
containing all of the information required by Sec.  1717.1204(b)(2), in 
form and substance satisfactory to RUS.
    Attorney General means the Attorney General of the United States of 
America.
    Claim means any claim of the government arising from loans made or 
guaranteed under the RE Act to a rural electric borrower.
    Con Act means the Consolidated Farm and Rural Development Act (7 
U.S.C. 1921 et seq.).
    Debt means outstanding debt of a rural electric borrower (including, 
but not necessarily limited to, principal, accrued interest, penalties, 
and the government's costs of debt collection) arising from loans made 
or guaranteed under the RE Act.
    Enforced collection procedures means any procedures available to the 
Administrator for the collection of debt that are authorized by law, in 
equity, or under the borrower's loan documents or other agreements with 
RUS.
    Loan documents means the mortgage (or other security instrument 
acceptable to RUS), the loan contract, and the promissory note entered 
into between the borrower and RUS.
    RE Act means the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901-950b).
    Restructure means to settle a debt or claim.
    Settle means to reamortize, adjust, compromise, reduce, or charge-
off a debt or claim.



Sec.  1717.1202  General policy.

    (a) It is the policy of the Administrator that, wherever possible, 
all debt owed to the government, including but not limited to principal 
and interest, shall be collected in full in accordance with the terms of 
the borrower's loan documents.
    (b) Nothing in this subpart by itself modifies, reduces, waives, or 
eliminates any obligation of a borrower under its loan documents. Any 
such modifications regarding the debt owed by a borrower may be granted 
under the authority of the Administrator only by means of the explicit 
written approval of the Administrator in each case.
    (c) The Administrator's authority to settle debts and claims will 
apply to cases where a borrower is unable to pay its debts and claims in 
accordance with their terms, as further defined in Sec.  
1717.1204(b)(1), and where settlement will maximize, on a present value 
basis, the recovery of debts and claims owed to the government.
    (d) In structuring settlements and determining the capability of the 
borrower to repay debt and the amount of debt recovery that is possible, 
the Administrator will consider, among other factors, the RE Act, the 
National Energy Policy Act of 1992 (Pub. L. 102-486, 106 Stat. 2776), 
the policies and regulations of the Federal Energy Regulatory 
Commission, state legislative and regulatory actions, and other market 
and nonmarket forces as to their effects on competition in the electric 
utility industry and on rural electric systems in particular. Other 
factors the Administrator will consider are set forth in more detail in 
Sec.  1717.1204.



Sec.  1717.1203  Relationship between RUS and Department of Justice.

    (a) The Attorney General will be notified by the Administrator 
whenever the Administrator intends to use his or her authority under 
section 331(b)of the Con Act to settle a debt or claim.
    (b) If an outstanding claim has been referred in writing to the 
Attorney General, the Administrator will not use his or her own 
authority to settle the claim without the approval of the Attorney 
General.
    (c) If an application for additional debt relief is received from a 
borrower whose debt has been settled in the past under the authority of 
the Attorney General, the Administrator will promptly notify the 
Attorney General before proceeding to consider the application.



Sec.  1717.1204  Policies and conditions applicable to settlements.

    (a) General. Settlement of debts and claims shall be subject to the 
policies, requirements, and conditions set forth in this section and in 
Sec.  1717.1202.
    (b) Need for debt settlement. (1) The Administrator will not settle 
any debt

[[Page 137]]

or claim unless the Administrator has determined that the borrower is 
unable to meet its financial obligations under its loan documents 
according to the terms of those documents, or that the borrower will not 
be able to meet said obligations sometime within the period of 24 months 
following the month the borrower submits its application for debt 
settlement to RUS, and, in either case, such default is likely to 
continue indefinitely. The determination of a borrower's ability to meet 
its financial obligations will be based on analyses and documentation by 
RUS of the borrower's historical, current, and projected costs, 
revenues, cash flows, assets, opportunities to reduce costs and/or 
increase revenues, and other factors that may be relevant on a case by 
case basis.
    (2) In its application to RUS for debt settlement, the borrower must 
provide, in form and substance satisfactory to RUS, an in-depth analysis 
supporting the borrower's contention that it is unable or will not be 
able to meet its financial obligations as described in paragraph (b)(1) 
of this section. The analysis must include:
    (i) An explanation and analysis of the causes of the borrower's 
inability to meet its financial obligations;
    (ii) A thorough review and analysis of the opportunities available 
or potentially available to the borrower to reduce administrative 
overhead and other costs, improve efficiency and effectiveness, and 
expand markets and revenues, including but not limited to opportunities 
for sharing services, merging, and/or consolidating, raising rates when 
appropriate, and renegotiating supplier and service contracts. In the 
case of a power supply borrower, the study shall include such 
opportunities among the members of the borrower, unless the 
Administrator waives this requirement;
    (iii) Documentation of the actions taken, in progress, or planned by 
the borrower (and its member systems, if applicable) to take advantage 
of the opportunities cited in paragraph (b)(2)(ii) of this section; and
    (iv) Other analyses and documentation prescribed by RUS on a case by 
case basis.
    (3) RUS may require that an independent consultant provide an 
analysis of the efficiency and effectiveness of the borrower's 
organization and operations, and those of its member systems in the case 
of a power supply borrower. The following conditions will apply:
    (i) RUS will select the independent consultant taking into account, 
among other matters, the consultant's experience and expertise in 
matters relating to electric utility operations, finance, and 
restructuring;
    (ii) The contract with the consultant shall be to provide services 
to RUS on such terms and conditions as RUS deems appropriate. The 
consultant's scope of work may include, but shall not be limited to, an 
analysis of the following:
    (A) How to maximize the value of the government's collateral, such 
as through mergers, consolidations, or sales of all or part of the 
collateral;
    (B) The viability of the borrower's system, taking into account such 
matters as system size, service territory and markets, asset base, 
physical condition of the plant, operating efficiency, competitive 
pressures, industry trends, and opportunities to expand markets and 
improve efficiency and effectiveness;
    (C) The feasibility and the potential benefits and risks to the 
borrower and the government of corporate restructuring, including 
aggregation and disaggregation;
    (D) In the case of a power supply borrower, the retail rate mark-up 
by member systems and the potential benefits to be achieved by member 
restructuring through mergers, consolidations, shared services, and 
other alliances;
    (E) The quality of the borrower's management, management advisors, 
consultants, and staff;
    (F) Opportunities for reducing overhead and other costs, for 
expanding markets and revenues, and for improving the borrower's 
existing and prospective contractual arrangements for the purchase and 
sale of power, procurement of supplies and services, and the operation 
of plant and facilities;
    (G) Opportunities to achieve efficiency gains and increased revenues

[[Page 138]]

based on comparisons with benchmark electric utilities; and
    (H) The accuracy and completeness of the borrower's analysis 
provided under paragraph (b)(2) of this section;
    (iii) RUS and, as appropriate, other creditors, will determine the 
extent to which the borrower and third parties (including the members of 
a power supply borrower) will be required to participate in funding the 
costs of the independent consultant;
    (iv) The borrower will be required to make available to the 
consultant all corporate documents, files, and records, and to provide 
the consultant with access to key employees. The borrower will also 
normally be required to provide the consultant with office space 
convenient to the borrower's operations and records; and
    (v) All analyses, studies, opinions, memoranda, and other documents 
and information produced by the independent consultant shall be provided 
to RUS on a confidential basis for consideration in evaluating the 
borrower's application for debt settlement. Such documents and 
information may be made available to the borrower and other appropriate 
parties if authorized in writing by RUS.
    (4) The borrower may be required to employ a temporary or permanent 
manager acceptable to the Administrator, to manage the borrower's 
operations to ensure that all actions are taken to avoid or minimize the 
need for debt settlement. The employment could be on a temporary basis 
to manage the system during the time the debt settlement is being 
considered, and possibly for some time after any debt settlement, or it 
could be on a permanent basis.
    (5) The borrower must submit, at a time determined by RUS, a 
resolution of its board of directors requesting debt settlement and 
stating that the borrower is either currently unable to meet its 
financial obligations to the government or will not be able to meet said 
obligations sometime within the next 24 months, and that, in either 
case, the default is likely to continue indefinitely.
    (c) Debt settlement measures. (1) If the Administrator determines 
that debt settlement is appropriate, the debt settlement measures the 
Administrator will consider under this subpart with respect to direct, 
insured, or guaranteed loans include, but are not limited to, the 
following:
    (i) Reamortization of debt;
    (ii) Extension of debt maturity, provided that the maturity of the 
borrower's outstanding debt after settlement shall not extend more than 
10 years beyond the latest maturity date prior to settlement;
    (iii) Reduction of the interest rate charged on the borrower's debt, 
provided that the interest rate on any portion of the restructured debt 
shall not be reduced to less than 5 percent, unless the Administrator 
determines that reducing the rate below 5 percent would maximize debt 
recovery by the government;
    (iv) Forgiveness of interest accrued, penalties, and costs incurred 
by the government to collect the debt; and
    (v) With the concurrence of the Under Secretary for Rural 
Development, forgiveness of loan principal.
    (2) In the event that RUS has, under section 306 of the RE Act, 
guaranteed loans made by the Federal Financing Bank or other third 
parties, the Administrator may restructure the borrower's obligations 
by: acquiring and restructuring the guaranteed loan; restructuring the 
loan guarantee obligation; restructuring the borrower's reimbursement 
obligations; or by such means as the Administrator deems appropriate, 
subject to such consents and approvals, if any, that may be required by 
the third party lender.
    (d) Borrower's obligations to other creditors. The Administrator 
will not grant relief on debt owed to the government unless similar 
relief, on a pro rata basis, is granted with respect to other secured 
obligations of the borrower, or the other secured creditors provide 
other benefits or value to the debt restructuring. Unsecured creditors 
will also be expected to contribute to the restructuring. If it is not 
possible to obtain the expected contributions from other creditors, the 
Administrator may proceed to settle a borrower's debt if that will 
maximize recovery by the government and will not result in material 
benefits accruing to

[[Page 139]]

other creditors at the expense of the government.
    (e) Competitive bids for system assets. If requested by RUS, the 
borrower or the independent consultant provided for in paragraph (b)(3) 
of this section shall solicit competitive bids from potential buyers of 
the borrower's system or parts thereof. The bidding process must be 
conducted in consultation with RUS and use standards and procedures 
acceptable to RUS. The Administrator may use the competitive bids 
received as a basis for requiring the sale of all or part of the 
borrower's system as a condition of settlement of the borrower's debt. 
The Administrator may also consider the bids in evaluating alternative 
settlement measures.
    (f) Valuation of system. (1) The Administrator will consider the 
value of the borrower's system, including, in the case of a power supply 
borrower, the wholesale power contracts between the borrower and its 
member systems. The valuation of the wholesale power contracts shall 
take into account, among other matters, the rights of the government 
and/or third parties, to assume the rights and obligations of the 
borrower under such contracts, to charge reasonable rates for service 
provided under the contracts, and to otherwise enforce the contracts in 
accordance with their terms. In no case will the Administrator settle a 
debt or claim for less than the value (after considering the 
government's collection costs) of the borrower's system and other 
collateral securing the debt or claim.
    (2) RUS may use such methods, analyses, and assessments as the 
Administrator deems appropriate to determine the value of the borrower's 
system.
    (g) Rates. The Administrator will consider the rates charged for 
electric service by the borrower and, in the case of a power supply 
borrower, by its members, taking into account, among other factors, the 
practices of the Federal Energy Regulatory Commission (FERC), as adapted 
to the cooperative structure of borrowers, and, where applicable, FERC 
treatment of any investments by co-owners in projects jointly owned by 
the borrower.
    (h) Collection action. The Administrator will consider whether a 
settlement is favorable to the government in comparison with the amount 
that can be recovered by enforced collection procedures.
    (i) Regulatory approvals. Before the Administrator will approve a 
settlement, the borrower must provide satisfactory evidence that it has 
obtained all approvals required of regulatory bodies that the 
Administrator determines are needed to implement rates or other 
provisions of the settlement, or that are needed in any other way for 
the borrower to fulfill its obligations under the settlement.
    (j) Conditions regarding management and operations. As a condition 
of debt settlement, the borrower, and in the case of a power supply 
borrower, its members, will be required to implement those changes in 
structure, management, operations, and performance deemed necessary by 
the Administrator. Those changes may include, but are not limited to, 
the following:
    (1) The borrower may be required to undertake a corporate 
restructuring and/or sell a portion of its plant, facilities, or other 
assets
    (2) The borrower may be required to replace senior management and/or 
hire outside experts acceptable to the Administrator. Such changes may 
include a commitment by the borrower's board of directors to restructure 
and/or obtain new membership to improve board oversight and leadership;
    (3) The borrower may be required to agree to:
    (i) Controls by RUS on the general funds of the borrower, as well as 
on any investments, loans or guarantees by the borrower, notwithstanding 
any limitations on RUS' control rights in the borrower's loan documents 
or RUS regulations; and
    (ii) Requirements deemed necessary by RUS to perfect and protect its 
lien on cash deposits, securities, equipment, vehicles, and other items 
of real or non-real property; and
    (4) In the case of a power supply borrower, the borrower may be 
required to obtain credit support from its member systems, as well as 
pledges and action plans by the members to change their operations, 
management, and organizational structure (e.g., shared services, 
mergers, or consolidations) in order to

[[Page 140]]

reduce operating costs, improve efficiency, and/or expand markets and 
revenues.
    (k) Conveyance of assets. As a condition of a settlement, a borrower 
may be required to convey some or all its assets to the government.
    (l) Additional conditions. The borrower will be required to warrant 
and agree that no bonuses or similar extraordinary compensation has been 
or will be provided, for reasons related to the settlement of government 
debt, to any officer or employee of the borrower or to other persons or 
entities identified by RUS. The Administrator may impose such other 
terms and conditions of debt settlement as the Administrator determines 
to be in the government's interests.
    (m) Certification of accuracy. Before the Administrator will approve 
a debt settlement, the manager or other appropriate official of the 
borrower must certify that all information provided to the government by 
the borrower or by any agent of the borrower, in connection with the 
debt settlement, is true, correct, and complete in all material 
respects.



Sec.  1717.1205  Waiver of existing conditions on borrowers.

    Pursuant to section 331(b) of the Con Act, the Administrator, at his 
or her sole discretion, may waive or otherwise reduce conditions and 
requirements imposed on a borrower by its loan documents if the 
Administrator determines that such action will contribute to enhancement 
of the government's recovery of debt. Such waivers or reductions in 
conditions and requirements under this section shall not include the 
exercise of any of the debt settlement measures set forth in Sec.  
1717.1204(c), which are subject to all of the requirements of said Sec.  
1717.1204.



Sec.  1717.1206  Loans subsequent to settlement.

    In considering any future loan requests from a borrower whose debt 
has been settled in whole or in part (including the surviving entity of 
merged or consolidated borrowers, where at least one of said borrowers 
had its debts settled), it will be presumed that credit support for the 
full amount of the requested loan will be required. Such support may be 
in a number of forms, provided that they are acceptable to the 
Administrator on a case by case basis. They may include, but need not be 
limited to, equity infusions and guarantees of debt repayment, either 
from the applicant's members (in the case of a power supply borrower), 
or from a third party.



Sec.  1717.1207  RUS obligations under loan guarantees.

    Nothing in this subpart affects the obligations of RUS under loan 
guarantee commitments it has made to the Federal Financing Bank or other 
lenders.



Sec.  1717.1208  Government's rights under loan documents.

    Nothing in this subpart limits, modifies, or otherwise affects the 
rights of the government under loan documents executed with borrowers, 
or under law or equity.



PART 1718_LOAN SECURITY DOCUMENTS FOR ELECTRIC BORROWERS--Table of Contents



                            Subpart A_General

Sec.
1718.1-1718.49 [Reserved]

              Subpart B_Mortgage for Distribution Borrowers

1718.50 Definitions.
1718.51 Policy.
1718.52 Existing mortgages.
1718.53 Rights of other mortgagees.
1718.54 Availability of model mortgage.

          Subpart C_Loan Contracts With Distribution Borrowers

1718.100 General.
1718.101 Applicability.
1718.102 Definitions.
1718.103 Loan contract provisions.
1718.104 Availability of model loan contract.

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

    Source: 60 FR 36888, July 18, 1995, unless otherwise noted.

[[Page 141]]



                            Subpart A_General



Sec. Sec.  1718.1-1718.49  [Reserved]



              Subpart B_Mortgage for Distribution Borrowers



Sec.  1718.50  Definitions.

    Unless otherwise indicated, terms used in this subpart are defined 
as set forth in 7 CFR 1710.2.



Sec.  1718.51  Policy.

    (a) Adequate loan security must be provided for loans made or 
guaranteed by RUS. The loans are required to be secured by a first 
mortgage lien on most of the borrower's assets substantially in the form 
set forth in appendix A of this subpart. At the discretion of RUS, this 
model form of mortgage may be adapted to satisfy different legal 
requirements among the states and individual differences in lending 
circumstances, provided that such adaptations are consistent with the 
policies set forth in this subpart.
    (b) Some borrowers, such as certain public power districts, may not 
be able to provide security in the form of a first mortgage lien on 
their assets. In these cases RUS will consider accepting other forms of 
security, such as resolutions and pledges of revenues.
    (c) RUS may require supplemental and amending mortgages to protect 
its security, or in connection with additional loans.
    (d) RUS may also require such other security instruments (such as 
loan contracts, security agreements, financing statements, guarantees, 
and pledges) as it deems appropriate.
    (e) All distribution borrowers that receive a loan or loan guarantee 
from RUS on or after August 17, 1995 will be required to enter into a 
mortgage with RUS that meets the requirements of this subpart. The 
concurrence of any other lenders secured under the borrower's existing 
mortgage may be required before the borrower can enter into a new 
mortgage.



Sec.  1718.52  Existing mortgages.

    Nothing contained in this subpart amends, invalidates, terminates or 
rescinds any existing mortgage entered into between the borrower and RUS 
and any other mortgagees.



Sec.  1718.53  Rights of other mortgagees.

    Nothing contained in this subpart is intended to alter or affect any 
other mortgagee's rights under an existing mortgage.



Sec.  1718.54  Availability of model mortgage.

    Single copies of the model mortgage (RUS Informational Publication 
1718 B) are available from the Rural Utilities Service, United States 
Department of Agriculture, Washington, DC 20250-1500. This document may 
be reproduced.

[60 FR 36888, July 18, 1995, as amended at 86 FR 36197, July 9, 2021]



          Subpart C_Loan Contracts With Distribution Borrowers

    Source: 60 FR 67410, Dec. 29, 1995, unless otherwise noted.



Sec.  1718.100  General.

    (a) Purpose. The purpose of this subpart is to set forth the 
policies, requirements, and procedures governing loan contracts entered 
into between the Rural Utilities Service (RUS) and distribution 
borrowers or, in some cases, other electric borrowers.
    (b) Flexibility for individual circumstances. The intent of this 
subpart is to provide the flexibility to address the different needs and 
different credit risks of individual borrowers, and other special 
circumstances of individual lending situations. The model loan contract 
contained in appendix A of this subpart provides an example of what a 
loan contract with an ``average'' or ``typical'' distribution borrower 
may look like under ``average'' or ``typical'' circumstances. Depending 
on the credit risks and other circumstances of individual loans, RUS may 
execute loan contracts with provisions that are substantially different 
than those set forth in the model. RUS may develop alternative model 
loan contract provisions. If it does, such provisions will be made 
available to the public.
    (c) Resolution of any differences in contractual provisions. If any 
provision of

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the loan contract appears to be in conflict with provisions of the 
mortgage, the loan contract shall have precedence with respect to the 
contractual relationship between the borrower and RUS with respect to 
such provision. If either document is silent on a matter addressed in 
the other document, the other document shall have precedence with 
respect to the contractual relationship between the borrower and RUS 
with respect to such matter.
    (d) Certain loan contract provisions subject to subsequent 
rulemaking. If a loan contract provision imposes an obligation or 
limitation on the borrower whose interpretation or specification is 
subject to RUS regulations or the discretion of the Administrator or 
RUS, such interpretation or specification shall be subject to subsequent 
rulemaking. Such interpretation or specification of the borrower's 
obligations or limitations may not exceed the authority granted to the 
Administrator or RUS in the loan contract provision.



Sec.  1718.101  Applicability.

    (a) Distribution borrowers. The provisions of this subpart apply to 
all distribution borrowers that obtain a loan or loan guarantee from RUS 
approved on or after January 29, 1996. Distribution borrowers that 
obtain a lien accommodation or any other form of financial assistance 
from RUS after January 29, 1996, may be required to execute a new loan 
contract and new mortgage. Moreover, any distribution borrower may 
submit a request to RUS that a new loan contract and new mortgage be 
executed. Within the constraints of time and staff resources, RUS will 
attempt to honor such requests. Borrowers must first obtain the 
concurrence of any other mortgagees on their existing mortgage before a 
new mortgage can be executed.
    (b) Other borrowers. Borrowers other than distribution borrowers may 
also submit requests for execution of a new loan contract pursuant to 
this subpart and a new mortgage pursuant to subpart B of this part. RUS 
may approve such requests if it determines that such approval is in the 
government's financial interest. If other mortgagees are on the 
borrower's existing mortgage, their concurrence would be required before 
a new mortgage could be executed.



Sec.  1718.102  Definitions.

    For the purposes of this subpart:
    Borrower means any organization that has an outstanding loan made or 
guaranteed by the Rural Utilities Service (RUS) or its predecessor, the 
Rural Electrification Administration, for rural electrification, or that 
is seeking such financing.
    Distribution borrower means a borrower that sells or intends to sell 
electric power and energy at retail in rural areas, the latter being 
defined in 7 CFR 1710.2.
    Loan documents means the mortgage (or other security instrument 
acceptable to RUS), the loan contract, and the promissory note entered 
into between the borrower and RUS.



Sec.  1718.103  Loan contract provisions.

    Loan contracts executed pursuant to this subpart shall contain such 
provisions as RUS determines are appropriate to further the purposes of 
the RE Act and to ensure that the security for the loan will be 
reasonably adequate and that the loan will be repaid according to the 
terms of the promissory note. Such loan contracts will contain 
provisions addressing, but not necessarily limited to, the following 
matters:
    (a) Description of the purpose of the loan;
    (b) Specification of the interest to be charged on the loan, 
including the method for determining the interest rate if it is not 
fixed for the entire term of the loan;
    (c) Specification of the method for repaying the loan principal, 
including the final maturity of the loan;
    (d) The conditions under which the loan may be prepaid before its 
maturity date, including but not limited to requirements regarding the 
prepayment of loans made concurrently by RUS and another secured lender;
    (e) The method for making scheduled payments on the loan;
    (f) Accounting principles and system of accounts, and RUS authority 
to approve the accountant used by the borrower;

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    (g) The method and time period for advancing loan funds and the 
conditions precedent to the advance of funds;
    (h) Representations and warranties by the borrower as a condition of 
obtaining the loan, including but not limited to: the legal authority of 
the borrower to enter into the loan contract and operate its system; 
that the loan documents will be a legal, valid and binding obligation of 
the borrower enforceable according to their terms; compliance of the 
borrower in all material respects with all federal, state, and local 
laws, regulations, codes, and orders; existence of any pending or 
threatened legal actions that could have a material adverse effect on 
the borrower's ability to perform its obligations under the loan 
documents; the accuracy and completeness of all information provided by 
the borrower in the loan application and with respect to the loan 
contract, and the existence of any material adverse change since the 
information was provided; and the existence of any material defaults 
under other agreements of the borrower;
    (i) Representations, warranties, and covenants with respect to 
environmental matters;
    (j) Reports and notices required to be submitted to RUS, including 
but not limited to: annual financial statements; notice of defaults; 
notice of litigation; notice of orders or other directives received by 
the borrower from regulatory authorities; notice of any matter that has 
resulted in or may result in a material adverse change in the condition 
or operations of the borrower; and such other information regarding the 
condition or operations of the borrower as RUS may reasonably require;
    (k) Annual written certification that the borrower is in compliance 
with its loan contract, note, mortgage, and any other agreement with 
RUS, or if there has been a default in the fulfillment of any obligation 
under said agreements, specifying each such default and the nature and 
status thereof;
    (l) Requirement that the borrower design and implement rates for 
utility services to meet certain minimum coverage of interest expense 
and/or debt service obligations;
    (m) Requirement that the borrower maintain and preserve its 
mortgaged property in compliance with prudent utility practice and all 
applicable laws, which may include certain specific actions and 
certifications set forth in the borrower's loan contract or mortgage;
    (n) Requirement that the borrower plan, design and construct its 
electric system according to standards and other requirements 
established by RUS, and if directed by the Administrator, that the 
borrower follow RUS planning, design and construction standards and 
requirements for other utility systems constructed by the borrower;
    (o) Limitations on extensions and additions to the borrower's 
electric system without approval by RUS;
    (p) Limitations on contracts and contract amendments that the 
borrower may enter into without approval by RUS;
    (q) Limitations of the transfer of mortgaged property by the 
borrower;
    (r) Limitations on dividends, patronage refunds, and cash 
distributions paid by the borrower;
    (s) Limitations on investments, loans, and guarantees made by the 
borrower;
    (t) Authority of RUS to approve a new general manager and to require 
that an existing general manager be replaced if the borrower is in 
default under its mortgage, loan contract, or any other agreements with 
RUS;
    (u) Description of events of default under the loan contract and the 
remedies available to RUS;
    (v) Applicability of state and federal laws;
    (w) Severability of the individual provisions of the loan documents;
    (x) Matters relating to the assignment of the loan contract;
    (y) Requirements relating to federal laws and regulations, including 
but not limited to the following matters: area coverage for electric 
service; civil rights and equal employment opportunity; access to 
buildings and other matters relating to the handicapped; design and 
construction standards relating to earthquakes; the National 
Environmental Policy Act of 1969 and

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other environmental laws and regulations; flood hazard insurance; 
debarment and suspension from federal assistance programs; and 
delinquency on federal debt; and
    (z) Special requirements applicable to individual loans, and such 
other provisions as RUS may require to ensure loan repayment and 
reasonably adequate loan security.



Sec.  1718.104  Availability of model loan contract.

    Single copies of the model loan contract (RUS Informational 
Publication 1718 C) are available from the Rural Utilities Service, 
United States Department of Agriculture, Washington, DC 20250-1533. This 
document may be reproduced.



PART 1719_RURAL ENERGY SAVINGS PROGRAM--Table of Contents



                      Subpart A_General Provisions

Sec.
1719.1 Purpose.
1719.2 Definitions.
1719.3 Policy and Federal Register Notices.

   Subpart B_Application, Submission and Administration of RESP Loans

1719.4 Eligibility.
1719.5 Application process and required information.
1719.6 Agency review.
1719.7 Conditional commitment letter and loan closing.
1719.8 Loan provisions.
1719.9 Eligible activities and energy efficiency measures.
1719.10 Measurement and verification and quality control.
1719.11 Compliance with USDA departmental regulations, policies, and 
          other federal laws.
1719.12 Reporting.
1719.13 Auditing and accounting requirements.

    Authority: 7 U.S.C. 8107a (Section 6407).

    Source: 85 FR 18418, Apr. 2, 2020, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  1719.1  Purpose.

    This part establishes policies and procedures for the implementation 
of the Rural Energy Savings Program (RESP) under Section 6407 of the 
Farm Security and Rural Investment Act of 2002, as amended, by the Rural 
Utilities Service (RUS). It is the purpose of this part to help rural 
families and small businesses achieve cost savings by providing loans 
through eligible entities to qualified consumers to implement durable 
cost-effective energy efficiency measures.



Sec.  1719.2  Definitions.

    The following definitions apply to subparts A and B of this part and 
must have the following meanings for purposes of the Rural Energy 
Savings Program:
    Administrator means the Administrator of the Rural Utilities 
Service, an agency under the Rural Development mission area of the 
United States Department of Agriculture.
    Applicant means an Eligible entity interested in applying for a RESP 
loan that is planning to submit a Letter of Intent.
    Commercial technology means equipment, devices, applications, or 
systems that have a proven, reliable performance and replicable 
operating history specific to the proposed application. The equipment, 
device, application or system is based on established patented design or 
has been certified by an industry-recognized organization and subject to 
installation, operating, and maintenance procedures generally accepted 
by industry practices and standards. Service and replacement parts for 
the equipment, device, application or system must be readily available 
in the marketplace with established warranty applicable to parts, labor 
and performance.
    Completed loan application means an application containing all 
information required by RUS to approve a loan and that is materially 
complete in form and substance satisfactory to RUS within the specified 
time.
    Conditional commitment letter means the notification issued by the 
Administrator to a RESP Applicant advising it of the total loan amount 
approved for it as a RESP borrower, the acceptable security arrangement, 
and such controls and conditions on the RESP borrower's financial, 
investment, operational and managerial activities

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deemed necessary by the Administrator to adequately secure the 
Government's interest. This notification will also describe the 
accounting standards and audit requirements applicable to the 
transaction.
    Conflict of interest means a situation or situations, event or 
series of events, that taken together or separately undermine an 
individual's judgement, ability, or commitment to providing an accurate, 
unbiased, fair and reliable assessment, or determination about the cost 
effectiveness of the Energy efficiency measures, due to self-interest or 
if such judgement, ability, commitment or determination cannot be 
justified by the prevailing and sound application of the generally 
accepted standards and principles of the industry.
    Deemed savings means the per-unit energy savings values that can be 
claimed from installing specific measures under specific operating 
situations. Savings are based on stipulated values stemming from 
historical and verified data, derived from research of historical 
savings values from typical projects.
    Deemed savings calculations means standardized algorithms to 
calculate energy savings applicable to well-defined energy efficiency 
measures that have documented and consistent savings values.
    Eligible entity means an entity described in Sec.  1719.4.
    Energy audit means an analysis of the current energy usage or costs 
of a Qualified consumer with the goal of identifying opportunities to 
enhance energy efficiency. The activity should result in an objective 
standard-based technical report containing recommendations on the Energy 
efficiency measures to reduce energy costs or consumption of the 
Qualified consumer and an analysis of the estimated benefits and costs 
of pursuing each recommendation in a payback period not to exceed the 
loan term to the Qualified consumer. The analysis must meet professional 
and industry standards and be commensurate to the complexity of the 
project.
    Energy efficiency measures (EE measures) means for or at property 
served by an Eligible entity, structural improvements and investments in 
cost-effective, commercial technologies to increase energy efficiency 
(including cost-effective on- or off-grid renewable energy or energy 
storage systems).
    Energy efficiency program (EE Program) means a program set up by an 
Eligible entity to provide financing to Qualified consumers so that they 
can implement durable cost-effective Energy efficiency measures.
    Financial feasibility means an Eligible entity's capacity to 
generate enough revenues to cover its expenses, sufficient cash flow to 
service its debts and obligations as they come due, and meet the 
financial ratios set forth in the applicable loan documents.
    Government means the Federal Government.
    GAAP means the generally accepted accounting principles in the 
United States of America as issued by the Financial Accounting Standards 
Board (FASB) in the Accounting Standards Codification (ASC).
    Implementation Work Plan or EE Program Implementation Work Plan 
(IWP) means an Implementation work plan that meets the requirements 
listed in Sec.  1719.5(b)(3)(i)(F).
    Invitation to proceed means the written notification issued by RUS 
to the Eligible entity acknowledging that the Letter of Intent was 
received and reviewed, describing the next steps in the application 
process, and inviting the Eligible entity to submit a complete loan 
application.
    Key performance indicators mean the set of measures that help an 
entity to determine if it is reaching its performance and operational 
goals. These indicators can be both financial and non-financial.
    Letter of Intent means a signed letter issued by an Applicant 
notifying RUS of its intent to apply for a RESP loan and addressing all 
the elements identified in Sec.  1719.5(b)(2).
    Loan to a Qualified consumer means a transaction by which an RUS 
borrower makes RESP funds available to a Qualified consumer for the 
purpose of implementing Energy efficiency measures at a property or for 
the property of a Qualified consumer to increase energy efficiency on 
the condition that

[[Page 146]]

the RUS borrower will be able to collect the funds made available to the 
Qualified consumer.
    Manufactured home means a structure that is transportable, built on 
a permanent chassis and designed to be used as a dwelling that meets the 
U.S Department of Housing and Urban Development definition set forth in 
24 CFR 3280.2 or a successor rule.
    Measurement and Verification (M&V) means the process of quantifying 
the energy and cost savings resulting from the improvements in an 
energy-consuming system or systems.
    Multi-tier Agreement means an agreement entered into by the RESP 
applicant that complies with the Rural Development's Environmental 
Policies and Procedures, pursuant to 7 CFR part 1970 or its successor 
regulation.
    Qualified consumer means a consumer served by an Eligible entity 
that has the ability to repay a loan made by a RESP borrower under the 
RESP program, as determined by the Eligible entity.
    RESP applicant means an Eligible entity that has received a written 
Invitation to proceed from RUS to apply for a RESP loan.
    RESP borrower means an Eligible entity with an approved RESP loan as 
evidenced by duly executed RESP loan documents.
    Rural, for purposes of 7 U.S.C. 8107a(a), means any area that has a 
population of 50,000 or less inhabitants or any other area designated 
eligible by statute.
    Small business means an entity that is in accordance with the Small 
Business Administration's (SBA) small business size standards found in 
13 CFR part 121.
    Special advance means an advance, not to exceed 4 percent of the 
total approved loan amount, that a RESP borrower may request to defray 
the startup costs of establishing a new EE Program.
    Start-up costs mean amounts paid or incurred for:
    (1) Creating or implementing an active EE program; or
    (2) Investing in the integration of an active EE Program. Start-up 
costs may include, but are not limited to, amounts paid or incurred in 
the analysis or survey of potential markets, products such as software 
and hardware, labor supply, consultants, salaries and other working 
capital directly related to the creation or enhancement of an EE Program 
consistent with RESP.
    Technical Resource Manual (TRM) means a resource document that 
includes information used in program planning and reporting of EE 
Programs. A TRM may include savings values for measures, engineering 
algorithms to calculate savings, impact factors to be applied to 
calculated savings, foundational documentation, specified assumptions, 
and such other pertinent information to support the calculation of 
measure and program savings and the application of such values and 
algorithms in appropriate applications.



Sec.  1719.3  Policy and Federal Register Notices.

    (a) Eligible entities (see Sec.  1719.2 and Sec.  1719.4) are 
permitted to participate in the Rural Energy Saving Program on the 
condition that loan funds will be used to make loans to Qualified 
consumers for the purpose of implementing EE measures.
    (b) The Agency will issue annual Federal Register notices each year 
specifying the amount of funds available under this Part. Notices may 
also include program priorities and loan application periods. The 
Administrator in setting funding priorities and application periods may 
consider the amount of available funds, the nature and amount of 
unfunded loan applications, prior commitments, Agency resources, Agency 
priorities and policy goals, and any other pertinent information.
    (c) In making loans under this Part, the Administrator may consider 
a proposed EE Program's effect on existing RUS borrowers and the 
integrity of the RUS portfolio and deny or limit approval of a specific 
RESP loan application on that basis if it is determined that such 
requested loan would have a negative effect on existing RUS or RESP 
borrowers or the RUS loan portfolio.
    (d) The Administrator may, on a case-by-case basis, grant an 
exception to any requirement or provision of this

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subpart provided that such an exception is in the best financial 
interests of the Federal government. Exercise of this authority cannot 
be in conflict with applicable law.
    (e) With regard to the rules of grammatical construction, unless the 
context otherwise indicates, ``includes'' and ``including'' are not 
limiting, and ``or'' is not exclusive.



   Subpart B_Application, Submission and Administration of RESP Loans



Sec.  1719.4  Eligibility.

    Under this subpart, Eligible entities for the RESP include:
    (a) Any public power district, public utility district, or similar 
entity, or any electric cooperative described in section 501(c)(12) or 
1381(a)(2) of the Internal Revenue Code of 1986, that borrowed and 
repaid, prepaid, or is paying an electric loan made or guaranteed by the 
Rural Utilities Service (or any predecessor agency);
    (b) Any entity primarily owned or controlled by one (1) or more 
entities described in paragraph (a) of this section; or
    (c) Any other entity that is an eligible borrower of the Rural 
Utilities Service, as determined under 7 CFR 1710.101.



Sec.  1719.5  Application process and required information.

    (a) General. The following are general provisions for the 
application process:
    (1) The RUS, from time to time and subject to appropriations, will 
notify the public specifying funding priorities, funding availability, 
and deadlines.
    (2) Complete applications for loans to Eligible entities will be 
processed pursuant to the provisions in this Part and on a first-come-
first served basis until the funding appropriated to the program is 
fully obligated.
    (3) The submittal of a Letter of Intent is required to participate 
in the program. The letters of intent will be queued as they are 
received. If it advances program and policy goals, RUS may consider loan 
applications from Eligible entities that have submitted Letters of 
Intent under prior funding announcements but that were not invited to 
proceed with a loan application.
    (4) Upon review of the Letter of Intent, RUS may issue an Invitation 
to proceed with a loan application. RUS reserves the right to notify the 
Applicant in the queue that the amount of financing RUS will consider 
for a loan is below the level sought in the Letter of Intent. In making 
this consideration, RUS will consider overall RUS program objectives or 
budgetary constraints. An Invitation to proceed with the loan 
application issued by RUS is not to be deemed as an offer by RUS.
    (5) A RESP applicant will have up to ninety (90) days to complete 
the documentation for a complete loan application. The ninety (90) day 
timeframe will begin on the date the RESP applicant receives RUS' 
Invitation to proceed. If the deadline to submit the completed loan 
application falls on Saturday, Sunday, or a Federal holiday, the 
application is due the next business day.
    (6) The Administrator may grant an extension of time to complete the 
documentation required for an application if, in the Administrator's 
sole judgment, the interest of the program would be advanced by the 
extension.
    (7) RUS may limit the number of applications it will consider in the 
same funding cycle from the same Applicant or combine applications from 
a single entity.
    (b) Application process. The application process consists of the 
following two steps:
    (1) An Applicant seeking financing must submit a Letter of Intent to 
be considered under this Part.
    (2) The Letter of Intent must include the following information:
    (i) Legal name and status of the entity seeking financing under this 
Part and its address and principal place of business.
    (ii) The Applicant's tax identification number, SAM Managed 
Identifier (SAMMI), Dun and Bradstreet (DUNS) number, and such similar 
information as it may be subsequently amended or required for federal 
funding.
    (iii) A statement indicating if the Applicant is a current or a 
former RUS borrower.

[[Page 148]]

    (iv) A description of the service territory.
    (v) Value of the net assets, including any information as to whether 
the Applicant has been placed in receivership, liquidation, or under a 
workout agreement or whether the Applicant has declared bankruptcy or 
has had a decree or order issued for relief in any bankruptcy, 
insolvency or other similar action over the last 10 years. The Applicant 
must submit a copy of its balance sheet and income statements for the 
last 3 years. If applicable, the Applicant must provide the balance 
sheet and income statements for the last 3 years of the entity or 
entities providing equity or security for the RESP loan together with an 
explanation of the legal relationship among the entities.
    (vi) Identification of a point of contact and provide contact 
information.
    (vii) Description of the program or projects expected to be financed 
with the RESP loans funds. This description must not exceed five (5) 
pages (size 8.5 x 11). RUS reserves the right not to consider Letters of 
Intent where the project description exceeds five (5) pages. The 
description should include the following:
    (A) Description of the service to be provided to Qualified 
consumers.
    (B) Identity of the staff or contractors that will be implementing 
the EE Program and their credentials.
    (C) A summarized version of the expected IWP addressing the 
following elements:
    (1) The marketing strategy.
    (2) The relending process.
    (3) A brief description of the processes, procedures, and 
capabilities to quantify and verify the reduction in energy consumption 
or decrease in the energy costs of the Qualified consumers.
    (4) A list of eligible EE measures expected to be implemented. An 
Applicant with an existing EE Program in place by April 8, 2014, may 
describe the EE measures, its IWP, and its M&V plan for the existing 
program in its Letter of Intent to expedite the application process.
    (viii) The Applicant must provide evidence of its key performance 
indicators for the 5 complete years prior to the submission of the loan 
application if the total loan amount exceeds $5 million.
    (3) Instructions on how to submit the loan application package will 
be included in the RUS Invitation to proceed to the RESP applicant. RUS 
will timely schedule an initial conference call with the RESP applicant 
to discuss the elements of the loan application.
    (i) Content of the application package includes the following:
    (A) A signed cover letter from the RESP applicant's General Manager 
or highest-ranking officer requesting RESP loan funds to make loans to 
Qualified consumers for the purpose of implementing EE measures.
    (B) A signed copy of the board resolution or applicable authorizing 
document approving and establishing the EE Program and authorizing the 
Eligible entity to take a RESP loan.
    (C) The RESP applicant must provide the Applicant's articles of 
incorporation or other applicable organizational documents currently in 
effect, as filed with the appropriate state office, setting forth the 
RESP applicant's corporate purpose; and the RESP Applicant must also 
provide the bylaws or other applicable governing documents currently in 
effect, as adopted by the RESP applicant's applicable governing body. 
RESP applicants that are active RUS borrowers may comply with this 
requirement by notifying RUS in writing that there are no material 
changes to the documents already on file with RUS.
    (D) A copy of the duly executed Multi-Tier Action Environmental 
Compliance Agreement (Multi-Tier Agreement) consistent with Rural 
Development's Environmental Policies and Procedures, 7 CFR part 1970 or 
its successor regulation. A copy of the Multi-tier Agreement will be 
provided to the RESP applicant with the Invitation to proceed and the 
requirements of Sec.  1970.55 will be discussed with the RESP applicant 
in the initial conference call. Activities and investments listed in the 
IWP must match the activities and investments identified in the Multi-
tier Agreement executed between RUS and the RESP applicant. Additional 
RUS environmental

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review will be required if the RESP applicant pursues additional or 
different activities other than the ones listed in the Multi-tier 
Agreement. If funded, a RESP borrower would be responsible for 
performing and documenting environmental reviews consistent with Sec.  
1970.55.
    (E) A financial forecast approved by the applicable governing body 
of the RESP applicant in support of its loan application. The financial 
forecast must cover a period of at least 10 years and must demonstrate 
that the RESP applicant's operation is economically viable and that the 
proposed loan is financially feasible. RUS may request additional 
information or projections for a longer period, if RUS deems such 
supplemental data necessary based on the financial structure of the RESP 
Applicant or necessary to make a determination regarding loan 
feasibility. A RESP applicant must, after submitting a loan application, 
promptly notify RUS of any changes in its circumstances that materially 
affect the information contained in the loan application. The financial 
forecast and related projections submitted in support of a loan 
application must include:
    (1) Current and projected cash flows.
    (2) A pro forma balance sheet, statement of operations, and general 
funds summary projected for each year during the forecast period. The 
requested RESP loan must be included in the financial forecast. Revenue 
from the interest charged to the Qualified consumer must also be 
included together with an explanation of the expected use of such 
proceeds.
    (3) The financial goals established for margins, debt service 
coverage, equity, and levels of general funds to be invested in the EE 
Program. The financial forecast must use the accrual method of 
accounting for analyzing costs and revenues and, as applicable, compare 
the economic results of the various alternatives on a present value 
basis.
    (4) A full explanation of the assumptions, supporting data, and 
analysis used in the forecast, including the methodology used to project 
revenues, operating expenses, and any other factors having a material 
effect on the balance sheet and the financial ratios such as equity and 
debt service coverage. RUS may require additional data and analysis on a 
case-by-case basis to assess the probable future competitiveness of the 
RESP applicant.
    (5) Current and projected nonoperating income and expense.
    (6) An itemized budget and schedule for the activities to be 
implemented with the RESP funds and a discussion on the expected 
delinquency and default rates and how the loan loss reserve will be set 
up. The RESP applicant is expected to forecast the amount of loans to be 
made to Qualified consumers over a 10-year timeframe. If the RESP 
applicant determines to charge interest, the RESP applicant must 
describe how it is going to use the funds generated from the interest to 
be received from the loans to the Qualified consumers.
    (7) A sensitivity analysis may be required by RUS on a case-by-case 
basis.
    (F) The RESP applicant must produce, to the satisfaction of the 
Administrator, an Implementation Work Plan or EE Program Implementation 
Work Plan (IWP), duly approved by the applicable governing body of the 
Eligible entity. The IWP will cross reference the Financial Forecast and 
must address the following core elements:
    (1) The RESP applicant will identify the Qualified consumers by 
customer classes that will benefit from the proceeds of a loan made 
under this Part and explain the promotional activities that will be 
executed to carry out the energy efficiency relending program. The RESP 
applicant should also include the target penetration rates by market 
segment and expected investments in marketing the relending program. In 
doing so, it is expected that racial and ethnic demographics for the 
service area would be provided.
    (2) The RESP applicant will describe the activities and investments 
(list of EE measures) to be implemented in the EE Program and the 
expected energy savings.
    (i) The RESP applicant must include a schedule for implementation 
with an itemized list of anticipated costs for each task.

[[Page 150]]

    (ii) The RESP applicant must specify whether a Special advance will 
be requested and, if so, must detail the expected use of such loan 
proceeds.
    (iii) In describing the EE Program, the RESP applicant must describe 
the intake process, including but not limited to, the underwriting 
criteria, if applicable, and the quantifiable elements considered in 
recommending energy retrofits or investments to reduce the Qualified 
consumer's energy cost or consumption. It is also expected that a 
description of the process for documenting and perfecting collateral 
arrangements with Qualified Consumers, when applicable, be also included 
in the narrative.
    (iv) The RESP applicant will also identify the staff that will be 
carrying out the EE Program and will describe the tasks that will be 
performed by such individuals together with their expertise and 
credentials. Should the RESP applicant decide to outsource 
implementation of the EE Program, the credentials and expertise of the 
third party implementing the outsourced tasks must be described. 
Consideration must be given to the third party's ability and expertise 
in implementing an EE Program at the scale pursued with the RESP 
funding. The statement of qualifications must show the party's 
experience carrying out the financial and technical components of an EE 
Program at the desired scale. A RESP applicant with an existing EE 
Program as of April 8, 2014, may submit the IWP plan previously 
established to fulfill this requirement.
    (3) The RESP applicant must include an evaluation of the financial 
and operational risk associated with the EE Program. When applicable, 
the RESP applicant should include an estimate of the prospective 
consumer loan losses consistent with the loan loss reserve.
    (4) A Measurement and Verification (M&V) plan that meets the 
requirements of Sec.  1719.10. In the alternative, a RESP applicant may 
provide an M&V plan approved by a state or local regulatory entity.
    (G) The RESP applicant must provide a statement of compliance with 
the federal statutes as provided in Sec.  1719.11.



Sec.  1719.6  Agency review.

    (a) General. Loans made under this program will be made only when 
the Administrator finds and certifies that in his or her judgment there 
is reasonably adequate security and the loan will be repaid within the 
time agreed.
    (b) Eligibility for other loans. RUS will not include any debt 
incurred by a borrower under this program in the calculation of the 
debt-equity ratios of the borrower for purposes of eligibility for loans 
under the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.).
    (c) Letter of intent. RUS will consider complete Letters of intent 
in the order they are received. In reviewing Letters of intent, RUS will 
be assessing:
    (1) Applicant eligibility. Applicant's eligibility to participate in 
the program.
    (2) Project eligibility. Eligibility of the proposed EE Program or 
project.
    (3) Financial status. The financial status of the RESP applicant to 
determine the Applicant's likelihood to complete a loan application and 
successfully repay a RESP loan.
    (d) Loan application. Prudent lending practices require that the 
Administrator make certain findings prior to approving a RESP loan. RESP 
applicants must provide the evidence, in form and substance satisfactory 
to the Administrator, to be able to make such findings. In making loans 
under this Section, the Administrator will consider, including, but not 
limited to, the following factors:
    (1) Loan feasibility. The RESP applicant's ability to repay the loan 
in full as scheduled and all other obligations of the borrower will be 
met.
    (2) RESP applicant's character. The RESP applicant's past 
performance and determination to satisfy its obligations; evidenced by 
such factors as credit history, previous experience addressing 
adversity, and manner of conducting business.
    (3) RESP applicant's equity. The financial resources retained by the 
RESP applicant to provide a cushion against unexpected losses.
    (4) Overall condition of RESP applicant and project. Verification 
that the proposed EE Program meets all the requirements of the Rural 
Energy Savings Program and an assessment of

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those factors that may affect the RESP applicant's ability to repay the 
RESP loan or implement the EE Program as proposed.
    (5) Loan security. The RESP applicant's assets pledged to secure the 
loan. Collateral will be assessed for each applicant taking into 
consideration asset value, lien position, credit risk and borrower's 
profile. Collateral pledged should be adequate to protect the 
Government's interest. RUS reserves the right to require an asset 
appraisal.
    (6) EE program implementation and measurement and verification. RESP 
applicant's IWP must be based on reasonable assumptions and adequate 
supporting data and the M&V plan reasonably complies with Sec.  1719.10. 
However, the Administrator, in his or her sole discretion, may deem this 
requirement satisfied upon finding that the IWP and M&V plan from an 
existing EE Program as of April 8, 2014 is consistent with the purpose 
of the Rural Energy Savings Program. A RESP applicant with an existing 
EE Program as of April 8, 2014, may submit the M&V plan previously 
established to fulfill this requirement.



Sec.  1719.7  Conditional commitment letter and loan closing.

    (a) Conditional commitment letter. A successful RESP loan applicant 
will receive a Conditional commitment letter from the Administrator 
notifying the RESP applicant of the total loan amount approved by RUS; 
any additional controls on the its financial, investment, operational 
and managerial activities; acceptable security arrangements; and such 
other conditions deemed necessary by the Administrator to adequately 
secure the Government's interest, ensure repayment, and abide by the 
RESP requirements as outlined in this Part. This written notification is 
a conditional RESP loan offer.
    (1) The requirements for coverage ratios will be set forth in the 
Conditional commitment letter.
    (2) Receipt of a Conditional commitment letter from the 
Administrator does not authorize the RESP applicant to commence 
performance under the approved loan.
    (b) Intent to meet conditions. The RESP applicant must acknowledge 
receipt of the Conditional commitment letter and notify RUS in writing 
within 60 days or otherwise specified in the Conditional commitment 
letter that it has reviewed and understood the conditions set forth in 
the Conditional commitment letter and that it is the intent of the RESP 
applicant to meet all the conditions. The RESP applicant must promptly 
notify RUS should circumstances or its intent of meeting the conditions 
change. The Administrator may consider requests to amend the conditions 
and amend the conditions in a subsequent Conditional commitment letter, 
when it advances program and policy goals and is in the best interest of 
the Government.
    (c) Loan closing. The loan will be closed in accordance with RUS 
instructions.
    (1) Upon receipt of the acceptance of the loan offer from the RESP 
applicant, RUS, working with its legal counsel, will draft the loan 
documents which will include the loan conditions and other applicable 
legal requirements.
    (2) The loan documents will be forwarded to the RESP applicant by 
RUS for execution by the RESP applicant's signatories and returned to 
RUS prior to a mutually acceptable closing date. RUS reserves the right 
to unilaterally set a closing date to advance program and policy goals.
    (3) The loan closing date will be used to determine the RESP loan 
maturity date which under no circumstances will exceed 20 years.
    (4) An opinion of counsel is required at closing and must be in form 
and substance acceptable to the Administrator. A form opinion of counsel 
will be included in the closing instructions.
    (d) Post-closing activities. All RUS requirements and conditions for 
lending set forth in the loan agreement must be met before the loan will 
be advanced. RUS will notify the RUS borrower when it is authorized to 
commence activities to be funded by the RESP loan.



Sec.  1719.8  Loan provisions.

    (a) Financial ratios. The Administrator will set financial coverage 
ratios

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based on the risk profile of the RESP applicant and specific loan terms. 
Those financial ratios will be included in the RESP borrower's loan 
documents with RUS.
    (1) Unless otherwise notified, existing RUS borrowers will be 
subject to their current debt service coverage ratios as provided in 
their previously executed loan contracts with RUS.
    (2) The minimum coverage ratio required for RESP borrowers, whether 
applied on annual or average basis is 1.05 Debt Service Coverage (DSC) 
unless specifically waived by the Administrator.
    (3) DSC for RESP borrowers that are not existing RUS borrowers under 
the Rural Electrification Act will be defined as (Net Income or Total 
Margins) + (Interest Charges on Long Term Debt) + (Principal payments 
from RESP relending activities) + (Depreciation and Amortization 
Expenses)/Total Debt Service Billed.
    (4) In reviewing and approving a RESP loan, the Administrator may 
increase the coverage ratio required to be met by an individual RESP 
borrower if the Administrator determines that higher ratios are required 
to ensure the repayment of the loan made by RUS, or reduce the coverage 
ratios if the Administrator determines that the lower ratios are in the 
best interest of the Government. The coverage ratios will be set forth 
in the loan documents.
    (b) Collateral. RUS generally requires that borrowers provide it 
with a first priority lien on all of the borrower's real and personal 
property, including intangible personal property and any property 
acquired after the date of the loan. Collateral that is used to secure a 
loan must ordinarily be free from liens or security interests other than 
those permitted by RUS or existing security documents.
    (1) For existing RUS borrowers, the Administrator may, in his or her 
sole discretion, rely on existing security arrangements with RUS.
    (2) When a RESP borrower is unable, by reason of preexisting 
encumbrances, or otherwise, to furnish a first priority lien on its 
entire system, the Administrator may accept other forms of security, 
including but not limited to a parent guarantee, state guarantee, an 
irrevocable letter of credit, surety bond, pledge of revenues, or other 
security if the Administrator determines such credit support is 
reasonably adequate to protect the government's interests and otherwise 
acceptable in form and substance.
    (3) RUS may in certain circumstances agree to share its priority 
lien position with another lender provided the RESP loan is adequately 
secured and the security arrangements are acceptable to RUS. In such 
circumstances, RUS will consider entering into joint security 
arrangements with other lenders on a pari passu basis.
    (c) Equity contributions. To be eligible for a RESP loan, a newly 
created Eligible entity or an entity primarily owned or controlled by 
one (1) or more entities as described in Sec.  1719.4 must meet a 
minimum equity contribution in the proposed EE Program requirement at 
the time of the loan closing. The eligible entity will be required to 
continue to maintain the minimum equity contribution for the life of the 
loan or other time period as determined by the Administrator and as set 
forth in the loan documents. The minimum acceptable equity contribution 
for each RESP borrower will be determined by the Administrator as set 
forth below and will be included in the Conditional commitment letter 
and the loan documents as a condition and covenant to the RESP loan.
    (1) The required equity contribution and related terms will be 
determined by the Administrator for the individual RESP applicant based 
upon the its risk profile and available collateral for the RESP loan.
    (2) RUS reserves the right to require additional equity 
contributions from existing RUS or RESP borrowers when it is in the best 
interest of the Government.
    (3) If the RESP applicant under this section is unable to achieve a 
minimal acceptable contribution, as set forth in the Conditional 
commitment letter, the Administrator may consider the following to meet 
such shortfall to the minimum acceptable equity contribution:
    (i) The infusion of additional capital into the EE Program by an 
Investor to

[[Page 153]]

meet the shortfall to the minimum acceptable equity contribution. RUS 
may require that the additional capital be deposited into a RESP 
applicant's special account subject to a deposit account control 
agreement with RUS prior to loan closing.
    (ii) An unconditional, irrevocable letter of credit, in form and 
substance satisfactory to the Administrator, in the amount necessary to 
meet the shortfall to the minimum acceptable equity contribution. RUS 
must be an unconditional payee under the letter of credit and the letter 
of credit must be in place prior to loan closing and remain in place 
until the loan is repaid unless specified otherwise in the loan 
documents.
    (iii) General obligation bonds or special revenue bonds issued by 
tribal, state or local governments in the amount necessary to meet the 
shortfall to the minimum acceptable equity contribution. If the minimum 
acceptable equity position is satisfied in full or part with general 
obligation bonds or special revenue bonds, any lien securing the bonds 
must be subordinate to the lien of the Government securing the RESP 
loan.
    (iv) Any other requirements or mechanisms approved by the 
Administrator to meet the shortfall to the minimum acceptable equity 
contribution.
    (d) Loan advances. RUS will disburse loan funds to the RESP borrower 
in accordance with the terms and conditions of the executed loan 
documents.
    (1) Excluding the Special Advance, all loan funds will be disbursed 
either as an advance in anticipation of loans to be made by the RESP 
borrower to the Qualified consumers; or as a reimbursement for eligible 
program costs, including loans already made to Qualified consumers. No 
disbursements will be made until the RESP borrower has complied with the 
loan conditions set forth in the loan documents. Any disbursement of 
loan funds to a RESP borrower within a 12-month consecutive period must 
not exceed 50 percent of the approved loan amount.
    (i) The RESP borrower must provide to the Qualified consumers all 
RESP loan funds that the RESP borrower receives within one year of 
receiving them from RUS. If the RESP borrower does not re-lend the RESP 
loan funds within one year, the unused RESP loan funds, and any interest 
earned on those RESP loan funds, must be returned to the Government and 
will be applied to the RESP borrower's debt.
    (ii) The RESP borrower will not be eligible to receive additional 
RESP loan funds from RUS until providing evidence, in form and substance 
satisfactory to the Administrator, that RESP loan funds from a previous 
advance have been fully relent to Qualified consumers or returned to the 
Government.
    (iii) RUS will disburse the RESP loan funds as an advance in 
anticipation of loans to be made by the RESP borrower to the Qualified 
consumers only if the RESP borrower has established written procedures 
that will minimize the time elapsing between the transfer of RESP loan 
funds from RUS to the RESP borrower and its corresponding disbursement 
to the Qualified consumer.
    (iv) A RESP borrower's request for an advance in anticipation of 
loans to Qualified consumers should be limited to the minimum amounts 
needed and timed to be in accordance with the actual immediate cash 
needs to carry out the EE Program.
    (2) The RESP borrower may elect to request a Special advance to 
defray the appropriate start-up costs of establishing a new EE Program 
or modify an existing EE Program.
    (i) The Special advance must not exceed 4 percent of the total 
approved loan amount.
    (ii) Repayment of the Special advance must be required during the 
10-year period beginning on the date on which the Special advance is 
made.
    (iii) The RESP borrower may elect to defer the repayment of the 
Special advance to the end of the 10-year period.
    (iv) All Special advances must be made during the first 10-years of 
the term of the loan.
    (v) All amounts advanced on the loan by RUS to the RESP borrower, 
including the Special advance, must be paid prior to the final maturity 
which must not exceed 20 years.

[[Page 154]]

    (vi) The Special advance maximum amount must be requested by the 
Borrower and approved by RUS prior to loan closing.
    (e) Loans to Qualified Consumers. RUS borrowers loans to Qualified 
Consumers will be subject to the following terms and for the purposes 
listed below.
    (1) RESP borrower's loans to its Qualified consumers must be for the 
purpose of implementing EE measures.
    (2) Loans to Qualified consumers may bear interest not to exceed 5 
percent.
    (3) Each loan made by the RESP borrower to a Qualified consumer may 
not exceed a term of 10 years.
    (4) The EE measures financed with a RESP loan proceeds must be for 
the purpose of decreasing energy (not just electricity) usage or costs 
of the Qualified consumer by an amount that ensures, to the maximum 
extent practicable, that a loan term of not more than 10 years will not 
pose an undue financial burden on the Qualified consumer.
    (5) RESP loan proceeds must not be used to fund purchases of, or 
modifications to, personal property unless the personal property is or 
becomes attached to real property (including a manufactured home) as a 
fixture.
    (6) Loans made to Qualified consumers must be repaid through charges 
added to the recurring service bill for the property for, or, at which 
the EE measures have been or will be implemented. This requirement does 
not prohibit the voluntary prepayment of the loan by the owner of the 
property; or the use of any additional repayment mechanisms that are 
demonstrated to have appropriate risk mitigation measures, as determined 
by the RESP borrower, or required if the Qualified consumer is no longer 
a customer of the RESP Borrower.
    (7) Loans made by a RESP borrower to a Qualified consumer using RESP 
loan funds must require an Energy audit by the RESP borrower to 
determine the impact of the proposed EE measures on the energy costs and 
consumption of the Qualified consumer. For purposes of this section, an 
energy audit performed by a contractor or agent of the RESP borrower 
would be deemed as performed by the RESP borrower.
    (8) The RESP borrower must comply with all applicable federal, 
state, and local laws and regulations in making loans to Qualified 
consumers. Approval by RUS and its employees of a loan under this 
section does not constitute a Government endorsement. The Government and 
its employees assume no legal liability for the accuracy, completeness 
or usefulness of any information, product, service, or process funded 
directly or indirectly with financial assistance provided under RESP. 
Nothing in the loan documents between RUS and the RESP borrower will 
confer upon any other person any right, benefit or remedy of any nature 
whatsoever. Neither the Government nor its employees make any warranty, 
express or implied, including the warranties of merchantability and 
fitness for a particular purpose, with respect to any information, 
product, service, or process available from a RESP borrower or its 
agents.
    (f) Loan term and repayment. RUS loans to an eligible borrow will be 
subject to the following terms and repayment conditions set forth in 
this section.
    (1) The RESP loans under this section will bear no interest (0 
percent) and have a maturity not exceeding 20 years.
    (2) The amortization schedule must be based on a loan term that does 
not exceed 20 years from the date on which the loan is closed.
    (3) Except for the Special advance, the repayment of each advance 
must be amortized for a period not to exceed 10 years.
    (4) The Administrator may include additional conditions on the 
repayment schedule if, in his or her sole discretion, it is in the best 
interest of the Government.
    (5) The RESP borrower is responsible for fully repaying the RESP 
loan to RUS according to the loan documents regardless of repayment by 
its Qualified consumers.
    (6) The RESP borrower may use the revenues from the interest charged 
to the Qualified consumer to establish a loan loss reserve, and to 
offset personnel and EE Program costs.

[[Page 155]]

    (7) Loans under this Section will not bear interest (0 percent), 
however, indebtedness not paid when due will be subject to interest, 
penalties, administrative costs and late fees as provided in the loan 
documents.



Sec.  1719.9  Eligible activities and energy efficiency measures.

    (a) A RESP Borrower may provide financing to Qualified consumers to 
implement or invest in one or more set of EE measures such as those 
listed in this section.
    (b) A RESP borrower may be able to provide financing to Qualified 
consumers for EE measures not listed in this section, if it can justify, 
to the satisfaction of the Administrator, that the proposed EE measure 
is consistent with the RESP statute, is cost effective, and the 
technology is commercially available. The Administrator must make the 
determination prior to the borrower implementing the EE measure.
    (c) A RESP applicant with an existing EE Program as of April 8, 
2014, may submit the list of the EE measures used in its program to RUS 
for validation and approval. The Administrator will make a finding as to 
whether such EE measures are consistent with the purpose of RESP.
    (d) A RESP borrower, subject to the Administrator's written 
approval, may modify the list of EE measures if those measures are 
consistent with the statutory purpose of RESP.
    (e) RESP loan proceeds must finance EE measures for the purpose of 
decreasing energy usage or costs of the Qualified consumer by an amount 
that ensures, to the maximum extent practicable, that the loan term will 
not pose an undue financial burden on the Qualified consumer.
    (f) Eligible EE measures and investments include, but are not 
limited, to:
    (1) Lighting:
    (i) Lighting fixture upgrades to improve efficiency.
    (ii) Lighting control technologies.
    (iii) Daylighting systems.
    (iv) Energy-efficient lighting technologies.
    (2) Space conditioning, including Heating, Ventilation, and Air 
Conditioning (HVAC):
    (i) Central Air Systems--Energy Star [supreg] qualified equipment.
    (ii) Room air conditioners.
    (iii) Boilers.
    (iv) Heat pumps.
    (v) Ducts and duct sealing.
    (vi) Furnaces--Energy Star[supreg] qualified equipment.
    (vii) Thermostats.
    (viii) Economizers.
    (ix) Air handlers.
    (x) Automated controls.
    (3) Building Envelope Improvements:
    (i) Improved insulation--adding insulation beyond existing levels, 
or above existing building codes.
    (ii) Moisture barrier improvements and air sealing.
    (iii) Caulking and weather stripping of doors and windows.
    (iv) Windows upgrades--Energy Star[supreg] qualified windows.
    (v) Door upgrades--including man-doors, overhead doors with 
integrated insulation and energy efficient windows.
    (4) Motor Systems:
    (i) Pumps, coupling and low-friction pipes.
    (ii) Capacitors.
    (iii) Variable frequency drives.
    (iv) Induction motors repairs or replacements for energy efficiency.
    (v) High efficiency motors--motors with a rated efficiency beyond 
the Energy Policy Act standards.
    (vi) Permanent magnet motors.
    (vii) Reluctance motors.
    (5) Waste Heat Recovery:
    (i) Recuperators.
    (ii) Regenerators.
    (iii) Waste heat boilers.
    (iv) Combined heat and power (CHP) and Waste heat to power (WHP).
    (6) Compressed Air Systems.
    (7) Water heaters.
    (8) Fuel switching.
    (9) Irrigation or water system and waste disposal system efficiency 
improvements.
    (10) On or off-grid renewable energy systems if consistent with the 
statutory purpose of this section.
    (11) Energy storage devices if permanently installed to reduce 
energy cost or usage of the Qualified consumer.
    (12) Energy efficient appliance upgrades if attached to real 
property as fixtures.

[[Page 156]]

    (13) Energy audits.
    (14) Necessary and incidental activities and investments directly 
related to the implementation of an Energy efficiency measure.



Sec.  1719.10  Measurement and verification and quality control.

    (a) General. A RESP applicant must provide a Measurement and 
Verification (M&V) plan, satisfactory to the Administrator, to ensure 
the effectiveness of the energy efficiency loans made to its Qualified 
Consumers and that there is no conflict of interest in carrying out the 
EE Program.
    (1) RUS acknowledges the broad nature of energy efficiency projects 
and diverse scope of EE Programs that can be carried out under RESP. A 
RESP applicant, and its designees, must exercise professional judgment 
in developing their M&V plans. The nature, scope, and complexity of the 
EE measures and activities will dictate the level of effort needed for 
quantifying and verifying the savings. The effort expended should be 
commensurate with the project capital investment and the risk of 
miscalculating the savings.
    (2) A RESP applicant with an existing EE Program as of April 8, 
2014, may submit for consideration the M&V plan previously established 
to fulfill this requirement.
    (3) RUS may reject a loan application or refuse to disburse loan 
proceeds to an RESP borrower that fails to demonstrate that the Energy 
audits or M&V plan have been adequately implemented and performed by 
qualified individuals.
    (4) The M&V plan should be based on generally accepted principles 
and use the best practices of the industry, reliable data, reasonable 
assumptions and verifiable analytical methodologies.
    (5) The M&V plan must describe the organized activities that the 
RESP applicant will implement to facilitate the adoption of the Energy 
efficiency measures that will result in energy use or cost savings to 
the Qualified consumer.
    (6) Energy savings should be determined by comparing measured energy 
unit values (consumption or demand) before and after the implementation 
of the EE measures, making appropriate adjustments for changes in 
conditions.
    (7) The computation of the savings formula is as follow:

Savings = (Baseline Energy--Post-Installation of EE Measures Energy*) 
 Adjustments
Note: * = performance period

    (b) M&V Techniques for measuring, calculating and reporting savings. 
The RESP borrower may address the M&V requirements by applying any of 
the following techniques recognized in the International Performance 
Measurement and Verification Protocol.
    (1) The Retrofit Isolation with Key Parameter Measurement Option 
(RIKPM) alternative is based on a combination of measured and estimated 
factors. Measurements will be taken at the component or system level for 
both the baseline and the retrofit equipment and should include the key 
performance parameters that define the energy use of the energy 
conservation measure. Savings will be determined by calculating the 
baseline and reporting period energy use predicated on the measured and 
estimated values. Estimated values will have to be supported by 
historical or manufacturer's data.
    (2) The Retrofit Isolation with All Parameter Measurement Option 
(RIAPM) option will be based on short-term, periodic or continuous 
measurements of baseline and post-retrofit energy use (or proxies of 
energy use) taken at the component or system level. Savings will be 
based on the analysis of the baseline and reporting-period energy use or 
proxies of energy use.
    (3) The Whole Facility Measurement Option (WFMO) will be based on 
continuous measurement of the energy use (such as utility billing data) 
at the whole facility or sub-facility level during the baseline and 
post-retrofit periods. Savings will be established from the analysis of 
the baseline and reporting-period energy data.
    (4) The Calibrated Simulation Option (CSO) is an alternative where 
computer simulations can be used to model energy performance of a whole 
facility (or sub-facility). Models must be calibrated with actual hourly 
or monthly billing data from the facility. In this option, savings will 
be determined by

[[Page 157]]

comparing a simulation of the baseline (after having calibrated the 
model) with either a simulation of the performance period or actual 
utility data.
    (c) Use of deemed savings. A RESP applicant may elect to meet the 
M&V plan requirements by applying deemed savings values and 
calculations. If choosing this option, the RESP applicant's M&V plan 
must:
    (1) Describe the process to stipulate with the Qualified consumer 
the values and assumptions for determining the energy savings.
    (2) Identify the TRMs upon which the deemed savings values and 
assumptions are based. In the alternative, identify such other technical 
M&V studies reasonably applicable to the conditions of the RESP 
applicant's service area or such other detailed M&V studies performed by 
similar entities to determine deemed savings for identical or similar 
energy programs or energy efficiency measures.
    (3) Describe the mechanism to ensure that deemed savings values and 
related calculations will be maintained and kept up to date.
    (4) The approval by RUS of a M&V plan under this section is solely 
for the benefit of RUS. Approval of a plan pursuant to this section does 
not constitute an RUS endorsement of the M&V plan or an EE Program. RUS 
and its employees assume no legal liability for the accuracy, 
completeness or usefulness of any information, product, service, or 
process funded directly or indirectly with financial assistance provided 
under RESP.
    (d) Quality control. The RESP borrower must produce a detailed 
explanation, in form and substance satisfactory to the Administrator, 
describing the methods and processes to verify that the installation of 
the EE measures for the EE program, for which those measures have been 
implemented were properly executed.
    (1) The RESP borrower and the Qualified consumer must agree on the 
EE measures to be implemented based on a quantifiable and verifiable 
assessment of the impacts that such measures will have in reducing the 
Qualified consumer's energy cost or consumption.
    (2) A RESP borrower may elect to engage a third-party contractor to 
carry out the assessments required in this Section and install the EE 
measures as long as there is no Conflict of interest.
    (3) RESP borrower employees and third-party contractors engaged to 
carry out activities in the EE Program must be qualified and have 
adequate expertise to perform energy audits, retrofit installations, and 
do the quality control assessments according to the applicable industry 
best-practices. Individual's credentials and expertise should be 
accredited through one of the following options:
    (i) Possessing a current Home Energy Professional Certification or a 
similar certification from a nationally, industry-recognized 
organization that is consistent with the Job Task Analyses Guidelines 
issued by the US Department of Energy's National Renewable Energy 
Laboratory or its successor.
    (ii) Possessing a current certification issued by an organization 
recognized by the U.S. Department of Energy in accordance with the 
Better Buildings Workforce Guidelines or its successor.
    (iii) Producing evidence, in form and substance satisfactory to the 
Administrator, that the individual possesses proficiency in the 
knowledge, skills and abilities needed to perform the tasks and critical 
work functions relevant to the duties assigned in the EE Program.
    (4) A RESP borrower that elects to carry out the EE Program with a 
contractor, must validate and document the following:
    (i) The contractor has adequate capacity and resources to engage 
with customers, conduct whole-property assessments, performance testing, 
diagnostic reasoning, and fulfill all data collection and reporting 
requirements. This includes, but is not limited to, having access to 
satisfactory diagnostic equipment, tools, qualified staff, data systems 
and software, and administrative support.
    (ii) The contractor is current and in good standing with all 
applicable registration and licensing requirements for their specific 
jurisdiction and trade.

[[Page 158]]

    (iii) The contractor employs individuals (either its own employees 
or subcontractors) that are qualified to install or physically oversee 
the installation of home improvements in compliance with local building 
codes and industry-accepted protocols.
    (5) A RESP borrower is responsible for actions or omissions 
departing from the required standards under this Section by third party 
partners or contractors employed in connection with an EE Program funded 
under this Section.
    (6) The RESP loan documents are solely for the benefit of RUS and 
the RESP Borrower and nothing in the loan documents between RUS and the 
RESP borrower will confer upon any third party any right, benefit or 
remedy of any nature whatsoever. Neither RUS nor its employees makes any 
warranty, express or implied, including the warranties of 
merchantability and fitness for a particular purpose, with respect to 
any information, product, service, or process available from a RESP 
borrower or its agents.



Sec.  1719.11  Compliance with USDA departmental regulations, 
policies and other federal laws.

    (a) Equal opportunity and nondiscrimination. RUS will ensure that 
equal opportunity and nondiscriminatory requirements are met in 
accordance with the Equal Credit Opportunity Act and 7 CFR part 15. 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).
    (b) Civil rights compliance. Recipients of federal assistance 
hereunder must comply with the Americans with Disabilities Act of 1990, 
Title VI of the Civil Rights Act of 1964, and Section 504 of the 
Rehabilitation Act of 1973. In general, recipients should have available 
the Agency racial and ethnic data showing the extent to which members of 
minority groups are beneficiaries of federally assisted programs. The 
Agency will conduct compliance reviews in accordance with 7 CFR part 15. 
Awardees will be required to complete Form RD 400-4, ``Assurance 
Agreement,'' for each federal award received.
    (c) Discrimination complaints. Persons believing, they have been 
subjected to discrimination prohibited by this section may file a 
complaint personally, or by an authorized representative with USDA, 
Director, Office of Adjudication, 1400 Independence Avenue SW, 
Washington, DC 20250. A complaint must be filed no later than 180 days 
from the date of the alleged discrimination, unless the time for filing 
is extended by the designated officials of USDA or the Agency.
    (d) Appeal Rights. Applicants and RESP applicants have appeal or 
review rights for RUS decisions made under this part.
    (1) Programmatic decisions based on clear and objective statutory or 
regulatory requirements are not appealable; however, such decisions are 
reviewable for appealability by the National Appeals Division (NAD).
    (2) An Applicant and a RESP applicant can appeal any RUS decision 
that directly and adversely impacts it. Appeals will be conducted by 
USDA NAD and will be handled in accordance with 7 CFR part 11.
    (e) Federal Debt and Settlement of Debt. It is the policy of the 
Administrator that, whenever possible, all debt owed to the Government 
shall be collected in full in accordance with the terms of the 
borrower's loan documents. Debt owed to RUS constitutes federal debt and 
is subject to collection under the Debt Collection Improvement Act. RUS 
can use all remedies available to it to collect the debt from the 
borrower, including offset in accordance with part 3 of this title. In 
addition, it is the intent of the Administrator, notwithstanding Sec.  
1717.1200(b) of this chapter, that debt settlements under this Part will 
be governed by the provisions set

[[Page 159]]

forth in 7 CFR part 1717, subpart Y or its successor Agency policies or 
regulations.



Sec.  1719.12  Reporting.

    (a) General. RESP borrowers must file periodic performance and 
financial reports as provided in the loan documents.
    (b) Frequency of reporting. Performance and financial reports will 
be filed semiannually for the first 10 years of the RESP loan and 
annually thereafter through the term of the loan. However, RUS may 
require additional, or more frequent, reporting when necessary to 
preserve the quality and integrity of the program portfolio or advance 
policy goals.
    (c) Reporting elements. RUS will identify the reporting 
requirements, in form and substance, in the loan documents based on the 
RESP borrower and EE Program profile. The RESP borrower's reports to RUS 
will include, but will not be limited to, the following information:
    (1) Number and amount of loans to qualified consumers.
    (2) Types of investments in EE measures and eligible activities.
    (3) EE Program portfolio performance.
    (4) Evidence of compliance with Multi-Tier Action Environmental 
Compliance Agreement.
    (5) Status and amount of Loan Loss Reserve (when applicable).



Sec.  1719.13  Auditing and accounting requirements.

    (a) Accounting requirements. RESP borrowers must follow RUS 
accounting requirements as set forth in the loan documents.
    (1) Existing RUS borrowers must continue recording and reporting 
transactions pursuant to the RUS Uniform Systems of Accounts--Electric, 
7 CFR part 1767. Such borrowers will continue to follow the accounting 
and reporting requirements set forth in the previously executed loan 
documents for RUS outstanding loans.
    (2) New and RESP only borrowers must adopt and follow a GAAP based 
system of accounts acceptable to RUS, as well as compliance with the 
requirements of 2 CFR part 200 (for RESP Awardees, the term ``grant 
recipient'' in 2 CFR part 200 will also mean ``loan recipient.'')
    (3) All RESP borrowers must promptly notify RUS should a state 
regulatory authority with jurisdiction over it require it to apply 
accounting methods or principles different from the ones specified in 
the loan documents.
    (4) RUS will consider borrowers' reasonable proposals to streamline 
reporting and accounting requirements only when such proposals afford 
RUS adequate mechanisms to ensure the full and timely repayment of the 
loan, as determined by RUS.
    (5) The Administrator may modify the accounting requirements for 
RESP borrowers if, in his or her judgement, it is necessary to satisfy 
the statutory purpose of the program, streamline procedures, or advance 
policy goals.
    (6) Nothing in this policy shall be construed as a limitation or 
waiver of any other federal statute or requirement or the 
Administrator's authority and discretion to implement the RESP in such a 
way that the Government's interest is adequately preserved.
    (b) Auditing requirements. RESP borrowers will be required to 
prepare audits as follows:
    (1) If the borrower is a for-profit entity, an electric or 
telecommunications cooperative, or any other entity not covered by the 
definition of ``non-Federal entity'' in 2 CFR 200.1, the borrower shall 
provide an independent audit report in accordance with 7 CFR part 1773 
and the award agreement. The certified public accountant (CPA) is 
selected by the awardee and must be approved by RUS as set forth in 7 
CFR 1773.5.
    (2) If the borrower is a non-Federal entity, as defined in 2 CFR 
200.1, the borrower shall provide an audit in accordance with subpart F 
of 2 CFR part 200.
    (3) RESP borrowers must comply with all reasonable RUS requests to 
support ongoing monitoring efforts. The RESP borrowers must afford RUS, 
through their representatives, a reasonable opportunity, at all times 
during business hours and upon prior notice, to have access to and the 
right to

[[Page 160]]

inspect any or all books, records, accounts, invoices, contracts, 
leases, payrolls, timesheets, cancelled checks, statements, and other 
documents, electronic or paper of every kind belonging to or in 
possession of the RESP borrowers or in any way pertaining to its 
property or business, including its parents, affiliates, and 
subsidiaries, if any, and to make copies or extracts therefrom.
    (4) The Administrator may modify the audit requirements for RESP 
borrowers if, in his or her judgement, it is necessary to satisfy the 
statutory purpose of the program or advance policy goals.
    (5) Nothing in this policy shall be construed as a limitation or 
waiver of any other federal statute or requirement or the 
Administrator's authority and discretion to implement the RESP in such a 
way that the Government's interest is adequately preserved.

[85 FR 18418, Apr. 2, 2020, as amended at 88 FR 7561, Feb. 6, 2023]



PART 1720_GUARANTEES FOR BONDS AND NOTES ISSUED FOR UTILITY 
INFRASTRUCTURE PURPOSES--Table of Contents



Sec.
1720.1 Purpose.
1720.2 [Reserved]
1720.3 Definitions.
1720.4 General standards.
1720.5 Eligibility criteria.
1720.6 Application process.
1720.7 Application evaluation.
1720.8 Issuance of the guarantee.
1720.9 Guarantee Agreement.
1720.10 Fees.
1720.11 Servicing.
1720.12 Reporting requirement.
1720.13 Limitations on guarantees.
1720.14 Nature of guarantee; acceleration of guaranteed bonds.
1720.15 Equal opportunity requirements.
1720.16 Environmental review requirements.

    Authority: 7 U.S.C. 901 et seq.; 7 U.S.C. 940C.

    Source: 69 FR 63049, Oct. 29, 2004, unless otherwise noted.



Sec.  1720.1  Purpose.

    This part prescribes policies and procedures implementing a 
guarantee program for bonds and notes issued for utility infrastructure 
purposes authorized by section 313A of the Rural Electrification Act of 
1936 (7 U.S.C. 940c-1).

[87 FR 74499, Dec. 6, 2022]



Sec.  1720.2  [Reserved]



Sec.  1720.3  Definitions.

    For the purpose of this part:
    Administrator means the Administrator of RUS.
    Applicant means a bank or other lending institution organized as a 
private, not-for-profit cooperative association, or otherwise on a non-
profit basis, that is applying for RUS to guarantee a bond or note under 
this part.
    Bond documents means the guarantee, guarantee agreement, Pledge 
Agreement, and all other instruments and documentation pertaining to the 
issuance of the guaranteed bonds.
    Criticized loan means a loan that has borrower risk ratings that 
have been categorized as ``special mention,'' substandard,'' 
``doubtful'', or ``loss'', or any comparable categorization as described 
in the guaranteed lender's most recent audited financial statements.
    Eligible instrument means a note or bond of a borrower payable or 
registered to, or to the order of, the guaranteed lender and for which:
    (1) No default has occurred in the payment of principal or interest 
in accordance with the terms of such note or bond that is continuing 
beyond the contractual grace period (if any) provided in such note or 
bond for such payment;
    (2) No ``event of default'', as defined in such note or bond (or in 
any instrument creating a security interest in favor of the guaranteed 
lender, in respect of such note or bond), shall exist that has resulted 
in the exercise of any right or remedy described in such note or bond 
(or in any such instrument);
    (3) Such note or bond is not classified by the guaranteed lender as 
``non-performing, criticized or impaired'' (or any comparable 
classification, as determined by RUS) under generally accepted 
accounting principles in the United States or this part;
    (4) Such note or bond is free and clear of all liens other than the 
lien created by the guaranteed lender's pledge of such security to RUS 
under the Pledge Agreement;

[[Page 161]]

    (5) Such note or bond is not a restructured loan;
    (6) Such note or bond is not unsecured debt; and
    (7) The amount of generation or transmission loans does not exceed 
the maximum amount allowed by RUS based on RUS's sole determination of 
certain factors including, but not limited to, account risk, collateral 
quality, and collateral quantity.
    Eligible loan means a loan that a guaranteed lender extends to a 
borrower for up to 100 percent of the cost of eligible utility 
infrastructure purposes consistent with the RE Act.
    Federal Financing Bank (FFB) refers to the Government corporation 
and instrumentality of the United States of America under the general 
supervision of the Secretary of the Treasury established by the Federal 
Financing Bank Act of 1973 (12 U.S.C. 2281 et seq.).
    Guarantee means the written agreement between the Secretary and a 
guaranteed lender, pursuant to which the Secretary guarantees full 
repayment of the principal, interest, and call premium, if any, on a 
guaranteed bond.
    Guarantee agreement means the written agreement between the 
Secretary and the guaranteed lender which sets forth the terms and 
conditions of the guarantee.
    Guaranteed bond means any bond, note, debenture, or other debt 
obligation issued by a guaranteed lender on a fixed or variable rate 
basis, and approved by the Secretary for a guarantee under this part.
    Guaranteed bondholder means any investor in a guaranteed bond.
    Guaranteed lender means an applicant that has been approved for a 
guarantee under this part.
    Leveraging data means the cumulative change in the guaranteed 
lender's outstanding loans since the filing of the guaranteed lender's 
last Form 10-Q or Form 10-K or financial statements, as applicable.
    Loan means any credit instrument that the guaranteed lender extends 
to a borrower for any utility infrastructure purpose eligible under the 
RE Act, including loans as set forth in section 4 of the RE Act for 
electricity transmission lines and distribution systems, loans as set 
forth in section 201 of the RE Act for telephone lines, facilities, and 
systems, and loans as set forth in Title VI of the RE Act for broadband 
systems.
    Loan documents means the loan agreement and all other instruments 
and documentation between the guaranteed lender and the borrower 
evidencing the making, disbursing, securing, collecting, or otherwise 
administering of a loan.
    Pledge Agreement means the written agreement among the Secretary, 
the guaranteed lender, and a collateral agent, which sets forth the 
terms and conditions of the guaranteed lender's pledge of eligible 
instruments as collateral.
    Pledged collateral means the following items pledged to RUS by the 
guaranteed lender as security for the guaranteed lender's repayment of a 
guaranteed bond:
    (1)(i) The pledged instruments and the certificates representing the 
pledged instruments;
    (ii) All payments of principal or interest, cash, instruments, and 
other property from time to time received, receivable, or otherwise 
distributed in respect of, in exchange for, and all other proceeds 
received in respect of, the pledged instruments;
    (iii) All rights and privileges of the guaranteed lender with 
respect to the pledged instruments; and
    (iv) All other proceeds of any of the foregoing; and
    (2) Any property, including cash and certain permitted investments, 
that are pledged by the guaranteed lender as security for the repayment 
of a guaranteed bond.
    Pledged instruments means the eligible instruments pledged by the 
guaranteed lender to RUS as security for the repayment of a guaranteed 
bond.
    Program or 313A Program means the guarantee program for bonds and 
notes issued for utility infrastructure purposes authorized by section 
313A of the RE Act as amended.
    Rating agency means a bond rating agency identified by the 
Securities and Exchange Commission as a nationally recognized 
statistical rating organization.

[[Page 162]]

    RE Act means the Rural Electrification Act of 1936 (7 U.S.C. 901 et 
seq.) as amended.
    RUS means the Rural Utilities Service, a Rural Development agency of 
the U.S. Department of Agriculture.
    Secretary means the Secretary of Agriculture acting through the 
Administrator of RUS.
    Subsidy amount means the amount of budget authority sufficient to 
cover the estimated long-term cost to the Federal Government of a 
guarantee, calculated on a net present value basis, excluding 
administrative costs and any incidental effects on Government receipts 
or outlays, in accordance with the provisions of the Federal Credit 
Reform Act of 1990 (2 U.S.C. 661 et seq.).
    Utility infrastructure means equipment, systems, facilities, or 
other assets used to deliver electric, telephone, or broadband related 
services to consumers or to entities serving consumers.

[87 FR 74499, Dec. 6, 2022]



Sec.  1720.4  General standards.

    (a) In accordance with section 313A of the RE Act, a guarantee will 
be issued by the Secretary only if the Secretary determines, in 
accordance with the requirements set forth in this part, that:
    (1) The proceeds of the guaranteed bonds will be used by the 
guaranteed lender to make loans to borrowers for utility infrastructure 
purposes eligible for assistance under this chapter, or to refinance, 
subject to certain limitations, bonds or notes previously issued by the 
guaranteed lender for such purposes to a borrower that has at any time 
received, or is eligible to receive, a loan under the RE Act;
    (2) At the time the guarantee is executed, the total principal 
amount of guaranteed bonds outstanding would not exceed the principal 
amount of outstanding eligible loans previously made by the guaranteed 
lender;
    (3) The proceeds of the guaranteed bonds will not be used directly 
or indirectly to fund projects for the generation of electricity; and
    (4) The guaranteed lender will not use any amounts obtained from the 
reduction in funding costs provided by a loan guarantee issued prior to 
June 18, 2008, to reduce the interest rates borrowers are paying on new 
or outstanding loans, other than new concurrent loans as provided in 
part 1710 of this chapter.
    (b) During the term of the guarantee, the guaranteed lender shall:
    (1) Limit cash patronage refunds for guaranteed lenders having a 
credit rating below the level proscribed by the agency in its funding 
notice or below investment grade or comparable level on its senior 
secured debt without regard to the guarantee. For such guaranteed 
lenders, cash patronage refunds are limited to five percent of the total 
patronage refund eligible. The limit on patronage refunds must be 
maintained until the credit rating is restored to the level proscribed 
by RUS in its funding notice or to investment grade or above. For those 
guaranteed lenders subject to patronage limitations, equity securities 
issued as part of the patronage refund shall not be redeemable in cash 
during the term of any part of the guarantee, and the guaranteed lender 
shall not issue any dividends on any class of equity securities during 
the term of the guarantee.
    (2) Maintain sufficient collateral secured by a perfected lien equal 
to the principal amount outstanding. Collateral shall be in the form of 
specific and identifiable unpledged securities equal to the value of the 
guaranteed amount plus sufficient margin to cover potential costs, fees, 
and expenses which may arise in the event of a default. In the case of a 
guaranteed lender's default, the U.S. Government's claim shall not be 
subordinated to the claims of other creditors, and the indenture must 
provide that in the event of default, the Government has the sole right 
to the pledged instruments. The Secretary has discretion to require 
additional collateral at any time should circumstances warrant.
    (c) The final maturity of the guaranteed bonds shall not exceed 30 
years.
    (d) The guaranteed bonds shall be issued to the Federal Financing 
Bank on terms and conditions consistent with comparable government-
guaranteed bonds and satisfactory to the Secretary.
    (e) The Secretary shall guarantee payments on guaranteed bonds in 
such

[[Page 163]]

forms and on such terms and conditions and subject to such covenants, 
representations, warranties, and requirements (including requirements 
for audits) as determined appropriate for satisfying the requirements of 
this part. The Secretary shall require the guaranteed lender to enter 
into a guarantee agreement to evidence its acceptance of the foregoing. 
Any guarantee issued under this part shall be made in a separate and 
distinct offering.

[69 FR 63049, Oct. 29, 2004, as amended at 75 FR 42574, July 22, 2010; 
87 FR 74500, Dec. 6, 2022]



Sec.  1720.5  Eligibility criteria.

    (a) To be eligible to participate in the program, a guaranteed 
lender must be:
    (1) A bank or other lending institution organized as a private, not-
for-profit cooperative association, or otherwise organized on a non-
profit basis; and
    (2) Able to demonstrate to the Secretary that it possesses the 
appropriate expertise, experience, and qualifications to make loans for 
utility infrastructure purposes.
    (b) To be eligible to receive a guarantee, a guaranteed lender's 
bond must meet the following criteria:
    (1) The guaranteed lender must furnish the Secretary with a 
certified list of the principal balances of eligible loans then 
outstanding and certify that such aggregate balance is at least equal to 
the sum of the proposed principal amount of guaranteed bonds to be 
issued, and any previously issued guaranteed bonds outstanding; and
    (2) The guaranteed bonds to be issued by the guaranteed lender must 
receive an underlying investment grade rating from a rating agency, 
without regard to the guarantee. If an applicant has no outstanding RUS 
guarantees or has outstanding aggregate guarantees of less than $25 
million, the Administrator may prescribe in advance by notice an 
alternate method for the guaranteed lender to demonstrate 
creditworthiness.
    (c) A lending institution's status as an eligible applicant does not 
assure that the Secretary will issue the guarantee sought in the amount 
or under the terms requested, or otherwise preclude the Secretary from 
declining to issue a guarantee.

[69 FR 63049, Oct. 29, 2004, as amended at 75 FR 42574, July 22, 2010; 
87 FR 74500, Dec. 6, 2022]



Sec.  1720.6  Application process.

    (a) Applications shall contain the following:
    (1) Background and contact information on the applicant;
    (2) A term sheet summarizing the proposed terms and conditions of, 
and the security pledged to assure the applicant's performance under, 
the guarantee agreement;
    (3) A statement by the applicant as to how it proposes to use the 
proceeds of the guaranteed bonds, and the financial benefit it 
anticipates deriving from participating in the program;
    (4) A pro-forma financial statement and cash flow projection or 
business plan including detailed assumptions for the next five years, 
demonstrating that there is reasonable assurance that the applicant will 
be able to repay the guaranteed bonds in accordance with their terms;
    (5) Consolidated financial statements of the guaranteed lender for 
the previous three years that have been audited by an independent 
certified public accountant, including any associated notes, as well as 
any interim financial statements and associated notes for the current 
fiscal year;
    (6) Evidence of having been assigned an investment grade rating on 
the debt obligations for which it is seeking the guarantee, without 
regard to the guarantee or such other evidence of creditworthiness as 
required by the Administrator under Sec.  1720.5(b)(2);
    (7) Evidence of a credit rating, from a rating agency, on its senior 
secured debt, its corporate credit rating, or such other evidence of 
creditworthiness as required by the Administrator under Sec.  
1720.5(b)(2); and
    (8) Such other application documents and submissions deemed 
necessary by the Secretary for the evaluation of applicants.
    (b) The application process occurs as follows:
    (1) The applicant submits an application to the Secretary;

[[Page 164]]

    (2) The application is screened by RUS pursuant to 7 CFR 1720.7(a) 
of this part, to ascertain its threshold eligibility for the program;
    (3) RUS evaluates the application pursuant to the selection criteria 
set forth in 7 CFR 1720.7(b) of this part;
    (4) If RUS provisionally approves the application, the applicant and 
RUS negotiate terms and conditions of the bond documents, and
    (5) The applicant offers its guaranteed bonds, and the Secretary 
upon approval of the pricing, redemption provisions and other terms of 
the offering, executes the guarantee.
    (c) If requested by the applicant at the time it files its 
application, the General Counsel of the Department of Agriculture shall 
provide the Secretary with an opinion regarding the validity and 
authority of a guarantee issued to the lender under section 313A of the 
RE Act.

[69 FR 63049, Oct. 29, 2004, as amended at 75 FR 42574, July 22, 2010; 
87 FR 74500, Dec. 6, 2022]



Sec.  1720.7  Application evaluation.

    (a) Eligibility screening. Each application will be reviewed by the 
Secretary to determine whether it is eligible under 7 CFR 1720.5, the 
information required under 7 CFR 1720.6 is complete and the proposed 
guaranteed bond complies with applicable statutes and regulations. The 
Secretary can at any time reject an application that fails to meet these 
requirements.
    (b) Evaluation. Pursuant to paragraph (a) of this section, 
applications will be subject to a substantive review, on a competitive 
basis, by the Secretary based upon the following evaluation factors, 
listed in order of importance:
    (1) The extent to which the proposed provisions indicate the 
applicant will be able to repay the guaranteed bonds;
    (2) The adequacy of the proposed provisions to protect the Federal 
government, based upon items including, but not limited to the nature of 
the pledged security, the priority of the lien position, if any, pledged 
by the applicant, and the provision for an orderly retirement of 
principal such as an amortizing bond structure or an internal sinking 
fund;
    (3) The applicant's demonstrated performance of financially sound 
business practices as evidenced by reports of regulators, auditors and 
credit rating agencies;
    (4) The extent to which the applicant is subject to supervision, 
examination, and safety and soundness regulation by an independent 
Federal or state agency;
    (5) The extent of concentration of financial risk that RUS may have 
resulting from previous guarantees made under section 313A of the RE 
Act;
    (6) The extent to which providing the guarantee to the applicant 
will help reduce the cost and/or increase the supply of credit to rural 
America, or generate other economic benefits, including the amount of 
fee income available to be deposited into the Rural Economic Development 
Subaccount, maintained under section 313(b)(2)(A) of the RE Act (7 
U.S.C. 940c(b)(2)(A)), after payment of the subsidy amount; and
    (7) The geographic or economic distribution of funds made available 
through this program or use of such funds to advance rural development 
infrastructure goals.
    (c) Independent assessment. Before a guarantee decision is made by 
the Secretary, the Secretary shall request that the Federal Financing 
Bank review the adequacy of the determination by the rating agency 
required under Sec.  1720.5(b)(2) as to whether the bond or note to be 
issued would be below investment grade without the guarantee, or such 
other evidence of creditworthiness as may be required by the 
Administrator under Sec.  1720.5(b)(2).
    (d) Decisions by the Secretary. The Secretary shall approve or deny 
applications in a timely manner as such applications are received; 
provided, however, that in order to facilitate competitive evaluation of 
applications, the Secretary may from time to time defer a decision until 
more than one application is pending. The Secretary may limit the number 
of guarantees made to a maximum of five per year, to ensure a sufficient 
examination is conducted of applicant requests. RUS shall notify the 
applicant in writing of the Secretary's approval or denial of an 
application. Approvals for guarantees shall be conditioned upon 
compliance

[[Page 165]]

with 7 CFR 1720.4 and 1720.6 of this part. The Secretary reserves the 
discretion to approve an application for an amount less than that 
requested.

[69 FR 63049, Oct. 29, 2004, as amended at 75 FR 42574, July 22, 2010; 
87 FR 74501, Dec. 6, 2022]



Sec.  1720.8  Issuance of the guarantee.

    (a) The following requirements must be met by the applicant prior to 
the endorsement of a guarantee by the Secretary.
    (1) A guarantee agreement suitable in form and substance to the 
Secretary must be delivered.
    (2) Bond documents must be executed by the applicant setting forth 
the legal provisions relating to the guaranteed bonds, including but not 
limited to payment dates, interest rates, redemption features, pledged 
security, additional borrowing terms including an explicit agreement to 
make payments even if loans made using the proceeds of such bond or note 
is not repaid to the lender, other financial covenants, and events of 
default and remedies;
    (3) Prior to the issuance of the guarantee, the applicant must 
certify to the Secretary that the proceeds from the guaranteed bonds 
will be applied to fund new eligible loans under the RE Act, to 
refinance concurrent loans, or to refinance existing debt instruments of 
the guaranteed lender used to fund eligible loans;
    (4) The applicant provides a certified list of eligible loans and 
their outstanding balances as of the date the guarantee is to be issued;
    (5) Counsel to the applicant must furnish an opinion satisfactory to 
the Secretary as to the applicant being legally authorized to issue the 
guaranteed bonds and enter into the bond documents;
    (6) Outside legal counsel to the applicant, satisfactory to the 
Secretary, must furnish an opinion satisfactory to the Secretary that 
the Pledge Agreement creates in RUS's favor a valid perfected and 
enforceable security interest in the eligible securities pledged to RUS 
under the Pledge Agreement;
    (7) No material adverse change occurs between the date of the 
application and date of execution of the guarantee;
    (8) The applicant shall provide evidence of an investment grade 
rating from a Rating Agency for the proposed guaranteed bond without 
regard to the guarantee;
    (9) The applicant will provide evidence of a credit rating on its 
senior secured debt or its corporate credit rating, as applicable, 
without regard to the guarantee and satisfactory to the Secretary; and
    (10) Certification by the Chairman of the Board and the Chief 
Executive Officer of the applicant (or other senior management 
acceptable to the Secretary), acknowledging the applicant's commitment 
to submit to the Secretary, an annual credit assessment of the applicant 
by a rating agency, an annual review and certification of the security 
of the Government guarantee that is audited by an independent certified 
public accounting firm or Federal banking regulator, annual consolidated 
financial statements audited by an independent certified public 
accountant each year during which the guaranteed bonds are outstanding, 
and other such information requested by the Secretary.
    (b) The Secretary shall not issue a guarantee if the applicant is 
unwilling or unable to satisfy all requirements.
    (c) The Secretary may condition the release of funds related to a 
guarantee bond on the guaranteed lender's provision of additional or 
supplemental information related to agency underwriting, regulatory 
compliance, program policy objectives, or collateral valuation.

[69 FR 63049, Oct. 29, 2004, as amended at 75 FR 42574, July 22, 2010; 
87 FR 74501, Dec. 6, 2022]



Sec.  1720.9  Guarantee Agreement.

    (a) The guaranteed lender will be required to sign a guarantee 
agreement with the Secretary setting forth the terms and conditions upon 
which the Secretary guarantees the payment of the guaranteed bonds.
    (b) The guaranteed bonds shall refer to the guarantee agreement as 
controlling the terms of the guarantee.
    (c) The guarantee agreement shall address the following matters:
    (1) Definitions and principles of construction;

[[Page 166]]

    (2) The form of guarantee;
    (3) Coverage of the guarantee;
    (4) Timely demand for payment on the guarantee;
    (5) Any prohibited amendments of bond documents or limitations on 
transfer of the guarantee;
    (6) Limitation on acceleration of guaranteed bonds;
    (7) Calculation and manner of paying the guarantee fee;
    (8) Consequences of revocation of payment on the guaranteed bonds;
    (9) Representations and warranties of the guaranteed lender;
    (10) Representations and warranties for the benefit of the holder of 
the guaranteed bonds;
    (11) Claim procedures;
    (12) What constitutes a failure by the guaranteed lender to pay;
    (13) Demand on RUS;
    (14) Assignment to RUS;
    (15) Conditions of guarantee which may include requiring the 
guaranteed lender to adopt measures to ensure adequate capital levels 
are retained to absorb losses relative to risk in the guaranteed 
lender's portfolio and requirements on the guaranteed lender to hold 
additional capital against the risk of default;
    (16) Payment by RUS;
    (17) RUS payment does not discharge guaranteed lender;
    (18) Undertakings for the benefit of the holders of guaranteed 
bonds, including: notices, registration, prohibited amendments, 
prohibited transfers, indemnification, multiple bond issues;
    (19) Governing law;
    (20) Notices;
    (21) Benefit of agreement;
    (22) Entirety of agreement;
    (23) Amendments and waivers;
    (24) Counterparts;
    (25) Severability, and
    (26) Such other matters as the Secretary believes to be necessary or 
appropriate.



Sec.  1720.10  Fees.

    (a) Guarantee fee. An annual fee equal to 30 basis points (0.3 
percent) of the amount of the unpaid principal of the guarantee bond 
will be deposited into the Rural Economic Development Subaccount 
maintained under section 313(b)(2)(A) of the RE Act.
    (b) Subject to paragraph (c) of this section, up to one-third of the 
30 basis point guarantee fee may be used to fund the subsidy amount of 
providing guarantees, to the extent not otherwise funded through 
appropriation actions by Congress.
    (c) Notwithstanding subsections (c) and (e)(2) of section 313A of 
the RE Act, the Secretary shall, with the consent of the lender and if 
otherwise authorized by law, adjust the schedule for payment of the 
annual fee, not to exceed an average of 30 basis points per year for the 
term of the loan, to ensure that sufficient funds are available to pay 
the subsidy costs for note guarantees.



Sec.  1720.11  Servicing.

    The Secretary, or other agent of the Secretary on his or her behalf, 
shall have the right to service the guaranteed bond, and periodically 
inspect the facilities, assets, books, and accounts of the guaranteed 
lender or the collateral agent to ascertain compliance with the 
provisions of the RE Act and the bond documents.

[87 FR 74501, Dec. 6, 2022]



Sec.  1720.12  Reporting requirements.

    (a) As long as any guaranteed bonds remain outstanding, the 
guaranteed lender shall provide the Secretary with the following items 
each year within 90 days of the guaranteed lender's fiscal year end:
    (1) Consolidated financial statements and accompanying footnotes, 
audited by independent certified public accountants;
    (2) A review and certification of the security of the government 
guarantee, audited by reputable, independent certified public 
accountants or a federal banking regulator, who in the judgment of the 
Secretary, has the requisite skills, knowledge, reputation, and 
experience to properly conduct such a review;
    (3) Pro forma projection of the guaranteed lender's balance sheet, 
income statement, and statement of cash flows with detailed assumptions 
over the ensuing five years;
    (4) Credit assessment issued by a rating agency, or such other 
evidence of

[[Page 167]]

creditworthiness as may be required by the Administrator under Sec.  
1720.5(b)(2);
    (5) Credit rating, by a rating agency on its senior secured debt or 
its corporate credit rating, as applicable, without regard to the 
guarantee and satisfactory to the Secretary, or such other evidence of 
creditworthiness as may be required by the Administrator under Sec.  
1720.5(b)(2); and
    (6) Other such information requested by the Secretary.
    (b) As long as any guaranteed bonds remain outstanding, the 
guaranteed lender will provide the Secretary with the following items 
each quarter within seven (7) business days of the guaranteed lender's 
quarter end:
    (1) A list of pledged collateral which includes borrowers' billing 
information, and other information reasonably requested by RUS.
    (2) A list of the guaranteed lender's criticized loans within 30 
days of the end of each calendar quarter.
    (c) The bond documents shall specify such bond monitoring, and 
financial and internal audit reporting requirements relating to the 
pledged collateral as deemed appropriate by the Secretary.
    (d) Leveraging data must be submitted to RUS within five (5) 
business days after the guaranteed lender publishes its 10-K or 10-Q 
form or financial statements, as applicable.
    (e) The use of the proceeds of the guaranteed bonds for the 
construction of new projects is subject to the environmental review 
requirements in accordance with 7 CFR part 1970. Prior to the guaranteed 
lender using the proceeds of the guaranteed bonds to make loans to 
borrowers for the construction of new projects, the guaranteed lender 
must provide sufficient details about the proposed construction to RUS 
so it can comply with the environmental requirements of 7 CFR part 1970. 
The guaranteed lender is prohibited from using the proceeds of 
guaranteed bonds to fund loans to borrowers for new construction 
projects without RUS's written acknowledgment that the environmental 
requirements of 7 CFR part 1970 have been met with respect to each such 
project.

[69 FR 63049, Oct. 29, 2004, as amended at 75 FR 42575, July 22, 2010; 
87 FR 74501, Dec. 6, 2022]



Sec.  1720.13  Limitations on guarantees.

    In a given year the maximum amount of guaranteed bonds that the 
Secretary may approve will be subject to budget authority, together with 
receipts authority from projected fee collections from guaranteed 
lenders, the principal amount of outstanding eligible loans made by the 
guaranteed lender, and Congressionally-mandated ceilings on the total 
amount of credit. The Secretary may also impose other limitations as 
appropriate to administer this guarantee program.

[75 FR 42575, July 22, 2010]



Sec.  1720.14  Nature of guarantee; acceleration of guaranteed bonds.

    (a) Any guarantee executed by the Secretary under this part shall be 
an obligation supported by the full faith and credit of the United 
States and incontestable except for fraud or misrepresentation of which 
the guaranteed bondholder had actual knowledge at the time it purchased 
the guaranteed bonds.
    (b) Amounts due under the guarantee shall be paid within 30 days of 
demand by a bondholder, certifying the amount of payment then due and 
payable.
    (c) The guarantee shall be assignable and transferable to any 
purchaser of guaranteed bonds as provided in the bond documents.
    (d) The following actions shall constitute events of default under 
the terms of the guarantee agreements:
    (1) The guaranteed lender failed to make a payment of principal or 
interest when due on the guaranteed bonds;
    (2) The guaranteed bonds were issued in violation of the terms and 
conditions of the bond documents;
    (3) The guarantee fee required by 7 CFR 1720.10 of this part, has 
not been paid;
    (4) The guaranteed lender made a misrepresentation to the Secretary 
in any material respect in connection with the application, the 
guaranteed

[[Page 168]]

bonds, or the reporting requirements listed in 7 CFR 1720.12; or
    (5) The guaranteed lender failed to comply with any material 
covenant or provision contained in the bond documents.
    (e) In the event the guaranteed lender fails to cure such defaults 
within the notice terms and the timeframe set forth in the bond 
documents, the Secretary may demand that the guaranteed lender redeem 
the guaranteed bonds. Such redemption amount will be in an amount equal 
to the outstanding principal balance, accrued interest to the date of 
redemption, and prepayment premium, if any. To the extent the Secretary 
makes any payments under the guarantee, the Secretary shall be deemed 
the guaranteed bondholder.
    (f) To the extent the Secretary makes any payments under the 
guarantee, the interest rate the government will charge to the 
guaranteed lender for the period of default shall accrue at an annual 
rate of the greater of 1.5 times the 91-day Treasury-Bill rate or 200 
basis points (2.00%) above the rate on the guaranteed bonds.
    (g) Upon guaranteed lender's event of default, under the bond 
documents, the Secretary shall be entitled to take such other action as 
is provided for by law or under the bond documents.



Sec.  1720.15  Equal opportunity requirements.

    Executive Order 12898, ``Environmental Justice.'' To comply with 
Executive Order 12898, RUS will conduct a Civil Rights Analysis for each 
guarantee prior to approval. Rural Development Form 2006-28, ``Civil 
Rights Impact Analysis'', will be used to document compliance in regards 
to environmental justice. The Civil Rights Impact Analysis will be 
conducted prior to application approval or a conditional commitment of 
guarantee.



Sec.  1720.16  Environmental review requirements.

    Guarantees made under this subpart are subject to the environmental 
review requirements in accordance with 7 CFR part 1970.

[81 FR 11026, Mar. 2, 2016]



PART 1721_POST-LOAN POLICIES AND PROCEDURES FOR INSURED ELECTRIC LOANS--
Table of Contents



                       Subpart A_Advance of Funds

Sec.
1721.1 Advances.

       Subpart B_Extensions of Payments of Principal and Interest

1721.100 Purpose.
1721.101 General.
1721.102 Definitions.
1721.103 Policy.
1721.104 Eligible purposes.
1721.105 Application documents.
1721.106 Repayment of deferred payments.
1721.107 Agreement.
1721.108 Commencement of the deferment.
1721.109 OMB control number.

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

    Source: 50 FR 5368, Feb. 8, 1985, unless otherwise noted. 
Redesignated at 64 FR 72489, Dec. 28, 1999.



                       Subpart A_Advance of Funds



Sec.  1721.1  Advances.

    (a) Purpose and amount. With the exception of minor projects which 
are addressed in paragraph (b) of this section and generation projects 
which need to be included on a RUS Form 740c or an amendment to a RUS 
Form 740c, loan funds will be advanced for projects which are included 
in a RUS approved construction work plan (CWP), Energy Efficiency and 
Conservation Program work plan (EEWP), or approved amendment to either, 
have received written documentation of RUS concluding its environmental 
reviews and have complied with all Contracting and Bidding Procedures 
included in 7 CFR part 1726. Loan fund advances can be requested in an 
amount representing actual costs incurred.
    (b) Minor project. Minor project means a project costing $100,000 or 
less. Such a project qualifies for advance of loan funds even though it 
may not have been included in an RUS-approved borrower's CWP, amendment 
to such CWP, or approved loan. Total advances requested shall not exceed 
the total loan amount. All projects for which loan fund advances are 
requested must

[[Page 169]]

be constructed to achieve purposes permitted by terms of the loan 
contract between the borrower and RUS.
    (c) Certification. Pursuant to the applicable provisions of the RUS 
loan contract, borrowers must certify with each request for funds to be 
approved for advance that such funds are for projects in compliance with 
this section and shall also provide for those that cost in excess of 
$100,000, a contract or work order number as applicable and a CWP cross-
reference project coded identification number. For a minor project not 
included in a RUS approved borrower's CWP or CWP amendment, the Borrower 
shall describe the project and do one of the following to satisfy RUS' 
environmental review requirements in accordance with 7 CFR part 1970:
    (1) If applicable, state that the project is a categorical exclusion 
of a type described in Sec.  1970.53 of this title; or
    (2) If applicable, state that the project is a categorical exclusion 
of a type that normally requires the preparation of an environmental 
report (see Sec.  1970.54 of this title) and then submit the 
environmental report with the request for funds to be approved for 
advance.
    (d) Noncompliance. Where insured loan funds are found to have been 
advanced in noncompliance with this section, borrowers will be required 
to deposit the appropriate amount of the over-advance in the 
construction fund-trustee account and pay any accrued and unpaid 
interest to RUS. The Administrator will require borrowers, in order to 
remedy such noncompliance, to pay an additional amount equal to the 
interest on the funds over-advanced for the period such funds were 
outstanding, calculated at a rate equal to the difference between the 
RUS loan interest rate and the most recent rate at which RUS sold 
Certificates of Beneficial Ownership (CBO's). While RUS will generally 
permit the amount of over-advance deposited in the construction fund-
trustee account to be subsequently used by the borrower for RUS approved 
projects, nothing in this section shall be construed to preclude RUS 
from exercising any rights or remedies which RUS may have pursuant to 
the loan contract.

[64 FR 72489, Dec. 28, 1999, as amended at 78 FR 73370, Dec. 5, 2013; 81 
FR 11026, Mar. 2, 2016; 86 FR 36197, July 9, 2021]



       Subpart B_Extensions of Payments of Principal and Interest

    Source: 67 FR 485, Jan. 4, 2002, unless otherwise noted.



Sec.  1721.100  Purpose.

    This subpart contains RUS procedures and conditions under which 
Borrowers of loans made by RUS may request RUS approval for extensions 
for the payment of principal and interest.



Sec.  1721.101  General.

    (a) The procedures in this subpart are intended to provide Borrowers 
with the flexibility to request an extension of principal and interest 
as authorized under section 12(a) of the RE Act and section 236 of the 
Disaster Relief Act of 1970 (Public Law 91-606).
    (b) The total amount of interest that has been deferred, including 
interest on deferred principal, will be added to the principal balance, 
and the total amount of principal and interest that has been deferred 
will be reamortized over the remaining life of the applicable note 
beginning in the first year the deferral period ends.
    (c) Payment of principal and interest will not be extended more than 
5 years after such payment is due as originally scheduled. However, in 
cases where the extension is being granted because, at the sole 
discretion of the Administrator, a severe hardship has been experienced, 
the Administrator may grant a longer extension provided that the 
maturity date of any such loan does not extend to a date beyond forty 
(40) years from the date of the note.

[67 FR 485, Jan. 4, 2002, as amended at 68 FR 37953, June 26, 2003]



Sec.  1721.102  Definitions.

    The definitions contained in 7 CFR 1710.2 are applicable to this 
subpart unless otherwise stated.

[[Page 170]]



Sec.  1721.103  Policy.

    (a) In reviewing requests for extension of payment of principal and 
interest, consideration shall be given to the effect of such extensions 
on the security of the Government's loans, and on the ability of the 
Borrower to achieve program objectives. It is the policy of RUS to 
extend the time for payment of principal and interest on the basis of 
findings that such extension does not impair the security and 
feasibility of the Government's loans and:
    (1) Is essential to the effectiveness of the Borrower's operations 
in achieving RUS program objectives which include providing reliable, 
affordable electricity to RE Act beneficiaries;
    (2) Is necessary to help a Borrower place its operations on a more 
stable financial basis and thereby provide assurance of repayment of 
loans within the time when payments of such loans are due under the 
terms of the note or notes as extended; or
    (3) Is otherwise in the best interest of the Government.
    (b) Extensions will be given in the minimum amount to achieve the 
purpose of the extension.
    (c) The maximum interest rate a RUS Borrower can charge on 
deferments for programs relating to consumer loans, e.g., energy 
resource conservation (ERC) program, contribution-in-aid of construction 
(CIAC), etc., will not be more than 300 basis points above the average 
interest rate on the note(s) being deferred. For example, if the RUS 
Borrower's average interest rate on the note(s) being deferred is 5 
percent, the RUS Borrower can charge a maximum interest rate of 8 
percent.

[67 FR 485, Jan. 4, 2002, as amended at 68 FR 37953, June 26, 2003]



Sec.  1721.104  Eligible purposes.

    (a) Deferments for financial hardship. (1) In cases of financial 
hardship, a Borrower may request that RUS defer principal or interest or 
both. RUS will consider whether the deferral will help a Borrower place 
its operations on a more stable financial basis and thereby provide 
assurance of repayment of loans within the time when payment of such 
loans are due under the terms of the note or notes as extended.
    (2) RUS will determine whether a Borrower qualifies for the 
deferment on a case-by-case basis, considering such factors as the 
following:
    (i) Substantial unreimbursed or uninsured expenses relating to storm 
damage;
    (ii) Loss of large power load (as defined in Sec.  1710.7(c)(6)(ii) 
of this chapter, Large retail power contracts); or
    (iii) Substantial loss of consumers or load due to hostile 
annexations and condemnations, without adequate compensation.
    (b) Deferments for energy resource conservation (ERC) loans. (1) A 
Borrower may request that RUS defer principal payments to make funds 
available to the Borrower's consumers to conserve energy. Amounts 
deferred under this program can be used to cover the cost of labor and 
materials for the following energy conservation measures:
    (i) Caulking;
    (ii) Weather-stripping;
    (iii) Heat pump systems (including water source heat pumps);
    (iv) Heat pumps, water heaters, and central heating or central air 
conditioning system replacements or modifications, which reduce energy 
consumption;
    (v) Ceiling insulation;
    (vi) Wall insulation;
    (vii) Floor insulation;
    (viii) Duct insulation;
    (ix) Pipe insulation;
    (x) Water heater insulation;
    (xi) Storm windows;
    (xii) Thermal windows;
    (xiii) Storm or thermal doors;
    (xiv) Electric system coordinated customer-owned devices that reduce 
the maximum kilowatt demand on the electric system;
    (xv) Clock thermostats; or
    (xvi) Attic ventilation fans.
    (2) ERC loans will be amortized over not more than 84 months, 
without penalty for prepayment of principal.
    (c) Deferments for renewable energy projects. (1) A Borrower may 
request that RUS defer principal payments to enable the Borrower to 
finance renewable energy projects. Amounts deferred under this program 
can be used to cover costs to install all or part of a renewable energy 
system including, without limitation:

[[Page 171]]

    (i) Energy conversion technology;
    (ii) Electric power system interfaces;
    (iii) Delivery equipment;
    (iv) Control equipment; and
    (v) Energy consuming devices.
    (2) A Borrower may request that RUS defer principal payments for the 
purpose of enabling the Borrower to provide its consumers with loans to 
install all or part of customer-owned renewable energy systems up to 
5kW.
    (3) A renewable energy system is defined in Sec.  1710.2 of this 
chapter.
    (4) For the purpose of this subpart, a renewable energy project 
consists of one or more renewable energy systems.
    (d) Deferments for distributed generation projects. (1) A Borrower 
may request that RUS defer principal payments to enable the Borrower to 
finance distributed generation projects. Amounts deferred under this 
program can be used to cover costs to install all or part of a 
distributed generation system that:
    (i) The Borrower will own and operate, or
    (ii) The consumer owns, provided the system owned by the consumer 
does not exceed 5KW.
    (2) A distributed generation project may include one or more 
individual systems.
    (e) Deferments for contributions-in-aid of construction. (1) A 
Borrower may request RUS to defer principal payments to enable the 
Borrower to make funds available to new full time residential consumers 
to assist them in paying their share of the construction costs 
(contribution-in-aid of construction) needed to connect them to the 
Borrower's system.
    (2) Amounts available for this purpose will be limited to the amount 
of the construction costs that are in excess of the average cost per 
residential consumer incurred by the Borrower to connect new full time 
residential consumers during the last calendar year for which data are 
available. The average cost per residential consumer is the total cost 
incurred by the Borrower and will not be reduced by the amounts received 
as a contribution-in-aid of construction.

[67 FR 485, Jan. 4, 2002, as amended at 68 FR 37954, June 26, 2003]



Sec.  1721.105  Application documents.

    (a) Deferments for financial hardship. A Borrower requesting a 
section 12 deferment because of financial hardship must submit the 
following:
    (1) A summary of the financial position of the Borrower, based on 
the latest information available (usually less than 60 days old).
    (2) A copy of the board resolution requesting an extension due to 
financial hardship.
    (3) A 10-year financial forecast of revenues and expenses on a cash 
basis, by year, for the period of the extension and 5 years beyond to 
establish that the remaining payments can be made as rescheduled.
    (4) A listing of notes or portions of notes to be extended, the 
effective date for the beginning of the extension, and the length of the 
extension.
    (5) A narrative description of the nature and cause of the hardship 
and the strategy that will be instituted to mitigate or eliminate the 
effects of the hardship.
    (b) Deferments for energy resource conservation loans. A Borrower 
requesting principle deferments for an ERC loan program must submit a 
letter from the Borrower's General Manager requesting an extension of 
principle payments for the purpose of offering an ERC loan program to 
its members and describing the details of the program.
    (c) Deferments for renewable energy projects. A Borrower requesting 
principle deferments for its renewable energy project must submit a 
letter from the Borrower's General Manager requesting an extension of 
principle payments for the purpose of offering an ERC loan program to 
its members and describing the details of the program.
    (d) Deferments for distributed generation projects. A Borrower 
requesting principle deferments for distributed generation projects must 
submit a letter from the Borrower's General Manager requesting an 
extension of principle payments for the purpose of offering an ERC loan 
program to its members and describing the details of the program and 
approval is also subject to any applicable terms and conditions of the 
Borrower's loan contract, mortgage, or indenture.

[[Page 172]]

    (e) Deferments for contribution-in-aid of construction. A Borrower 
requesting principle deferments for contribution-in-aid of construction 
must submit the following:
    (1) A letter from the Borrower's General Manager requesting an 
extension of principle payments for the purpose of offering an ERC loan 
program to its members and describing the details of the program.
    (2) A summary of the calculations used to determine the average cost 
per residential customer. (See Sec.  1721.104(e)(2)).

[67 FR 485, Jan. 4, 2002, as amended at 68 FR 37954, June 26, 2003; 84 
FR 32616, July 9, 2019]



Sec.  1721.106  Repayment of deferred payments.

    (a) Deferments relating to financial hardship. The total amount of 
interest that has been deferred, including interest on deferred 
principal, will be added to the principal balance, and the total amount 
of principal and interest that has been deferred will be reamortized 
over the remaining life of the applicable note beginning in the first 
year the deferral period ends. For example: the amount of interest 
deferred in years 2003, 2004, 2005, 2006, and 2007, will be added to the 
principal balance and reamortized over the life of the applicable note 
for repayment starting in year 2008.
    (b) Deferments relating to the ERC loan program, renewable energy 
project(s), distributed generation project(s), and the contribution(s)-
in-aid of construction. An extension agreement is for a term of two (2) 
years. The installment will be recalculated each time the Borrower 
defers the payment of principal and recognition of the deferred amount 
will begin with the next payment. For example: the amount deferred in 
the October payment will be reamortized over a 84 month period starting 
with the next payment (November if paying on a monthly basis). When a 
Borrower defers principal under any of these programs the scheduled 
payment on the account will increase by an amount sufficient to pay off 
the deferred amount, with interest, by the date specified in the 
agreement (usually 84 months (28 quarters)).

[67 FR 485, Jan. 4, 2002, as amended at 68 FR 37954, June 26, 2003]



Sec.  1721.107  Agreement.

    After approval of the Borrower's request for a deferment of 
principal and interest, an extension agreement, containing the terms of 
the extension, together with associated materials, will be prepared and 
forwarded to the Borrower by RUS. The extension agreement will then be 
executed and returned to RUS by the Borrower.



Sec.  1721.108  Commencement of the deferment.

    The deferment of principal and interest will not begin until the 
extension agreement and other supporting materials, in form and 
substance satisfactory to RUS, have been executed by the Borrower and 
returned to RUS. Examples of other supporting materials are items such 
as approving legal opinions from the Borrower's attorney and approvals 
from the relevant regulatory body for extending the maturity of existing 
debt and for the additional debt service payment incurred.



Sec.  1721.109  OMB control number.

    The information collection requirements in this part are approved by 
the Office of Management and Budget and assigned OMB control number 
0572-0123.



PART 1724_ELECTRIC ENGINEERING, ARCHITECTURAL SERVICES AND DESIGN POLICIES 
AND PROCEDURES--Table of Contents



                            Subpart A_General

Sec.
1724.1 Introduction.
1724.2 Waivers.
1724.3 Definitions.
1724.4 Qualifications.
1724.5 Submission of documents to RUS.
1724.6 Insurance requirements.
1724.7 Debarment and suspension.
1724.8 Restrictions on lobbying.
1724.9 Environmental review requirements.
1724.10 Standard forms of contracts for borrowers.
1724.11-1724.19 [Reserved]

[[Page 173]]

                    Subpart B_Architectural Services

1724.20 Borrowers' requirements--architectural services.
1724.21 Architectural services contracts.
1724.22-1724.29 [Reserved]

                     Subpart C_Engineering Services

1724.30 Borrowers' requirements--engineering services.
1724.31 Engineering services contracts.
1724.32 Inspection and certification of work order construction.
1724.33-1724.39 [Reserved]

                   Subpart D_Electric System Planning

1724.40 General.
1724.41-1724.49 [Reserved]

                    Subpart E_Electric System Design

1724.50 Compliance with National Electrical Safety Code (NESC).
1724.51 Design requirements.
1724.52 Permitted deviations from RUS construction standards.
1724.53 Preparation of plans and specifications.
1724.54 Requirements for RUS approval of plans and specifications.
1724.55 Dam safety.
1724.56-1724.69 [Reserved]

Appendix A to Subpart E of Part 1724--Hazard Potential Classification 
          for Civil Works Projects

                      Subpart F_RUS Contract Forms

1724.70 Standard forms of contracts for borrowers.
1724.71 Borrower contractual obligations.
1724.72 Notice and publication of listed contract forms.
1724.73 Promulgation of new or revised contract forms.
1724.74 List of electric program standard contract forms.
1724.75-1724.99 [Reserved]

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

    Source: 63 FR 35314, June 29, 1998, unless otherwise noted.



                            Subpart A_General



Sec.  1724.1  Introduction.

    (a) The policies, procedures and requirements in this part implement 
certain provisions of the standard form of loan documents between the 
Rural Utilities Service (RUS) and its electric borrowers.
    (b) All borrowers, regardless of the source of financing, shall 
comply with RUS' requirements with respect to design, construction 
standards, and the use of RUS accepted material on their electric 
systems.
    (c) Borrowers are required to use RUS contract forms only if the 
facilities are financed by RUS. Borrowers have three options:
    (1) Submit the actual contract used for review and approval;
    (2) Submit a certification that the required contract was used for 
the electric project or;
    (3) Submit a certification that the contract was not used but the 
essential and identical provisions specifically listed in the 
certification were used in the contract for constructing the electric 
facilities.

[63 FR 35314, June 29, 1998, as amended at 84 FR 32617, July 9, 2019]



Sec.  1724.2  Waivers.

    The Administrator may waive, for good cause on a case-by-case basis, 
requirements and procedures of this part.



Sec.  1724.3  Definitions.

    Terms used in this part have the meanings set forth in Sec.  1710.2 
of this chapter. References to specific RUS forms and other RUS 
documents, and to specific sections or lines of such forms and 
documents, shall include the corresponding forms, documents, sections 
and lines in any subsequent revisions of these forms and documents. In 
addition to the terms defined in Sec.  1710.2 of this chapter, the 
following terms have the following meanings for the purposes of this 
part:
    Architect means a registered or licensed person employed by the 
borrower to provide architectural services for a project and duly 
authorized assistants and representatives.
    Engineer means a registered or licensed person, who may be a staff 
employee or an outside consultant, to provide engineering services and 
duly authorized assistants and representatives.
    Force account construction means construction performed by the 
borrower's employees.
    GPO means Government Printing Office.

[[Page 174]]

    NESC means the National Electrical Safety Code.
    RE Act means the Rural Electrification Act of 1936 as amended (7 
U.S.C. 901 et seq.).
    Repowering means replacement of the steam generator or the prime 
mover or both at a generating plant.
    RUS means Rural Utilities Service.
    RUS approval means written approval by the Administrator or a 
representative with delegated authority. RUS approval must be in 
writing, except in emergency situations where RUS approval may be given 
orally followed by a confirming letter.
    RUS financed means financed or funded wholly or in part by a loan 
made or guaranteed by RUS, including concurrent supplemental loans 
required by Sec.  1710.110 of this chapter, loans to reimburse funds 
already expended by the borrower, and loans to replace interim 
financing.

[63 FR 35314, June 29, 1998, as amended at 63 FR 58284, Oct. 30, 1998]



Sec.  1724.4  Qualifications.

    The borrower shall ensure that:
    (a) All selected architects and engineers meet the applicable 
registration and licensing requirements of the States in which the 
facilities will be located;
    (b) All selected architects and engineers are familiar with RUS 
standards and requirements; and
    (c) All selected architects and engineers have had satisfactory 
experience with comparable work.



Sec.  1724.5  Submission of documents to RUS.

    (a) Where to send documents. Documents required to be submitted to 
RUS under this part are to be sent to the Office of Loan Origination & 
Approval.
    (b) Contracts requiring RUS approval. The borrower shall submit to 
RUS three copies of each contract that is subject to RUS approval under 
subparts B and C of this part. At least one copy of each contract must 
be an original signed in ink (i.e., no facsimile signature).
    (c) Contract amendments requiring RUS approval. The borrower shall 
submit to RUS three copies of each contract amendment (at least one copy 
of which must be an original signed in ink) which is subject to RUS 
approval.

[84 FR 32617, July 9, 2019]



Sec.  1724.6  Insurance requirements.

    (a) Borrowers shall ensure that all architects and engineers working 
under contract with the borrower have insurance coverage as required by 
part 1788 of this chapter.
    (b) Borrowers shall also ensure that all architects and engineers 
working under contract with the borrower have insurance coverage for 
Errors and Omissions (Professional Liability Insurance) in an amount at 
least as large as the amount of the architectural or engineering 
services contract but not less than $500,000.



Sec.  1724.7  Debarment and suspension.

    Borrowers shall comply with the requirements on debarment and 
suspension in connection with procurement activities set forth in 2 CFR 
part 180, as adopted by USDA through 2 CFR part 417, particularly with 
respect to lower tier transactions, e.g., procurement contracts for 
goods or services.

[79 FR 76003, Dec. 19, 2014]



Sec.  1724.8  Restrictions on lobbying.

    Borrowers shall comply with the restrictions and requirements in 
connection with procurement activities as set forth in 2 CFR part 418.

[79 FR 76003, Dec. 19, 2014]



Sec.  1724.9  Environmental review requirements.

    Borrowers must comply with the environmental review requirements in 
accordance with 7 CFR part 1970. or any successor regulations that 
implement the provisions of the National Environmental Policy Act.

[87 FR 73442, Nov. 30, 2022]



Sec.  1724.10  Standard forms of contracts for borrowers.

    The standard loan agreement between RUS and its borrowers provides 
that, in accordance with applicable RUS regulations in this chapter, the 
borrower shall use standard forms of contracts promulgated by RUS for 
construction, procurement, engineering

[[Page 175]]

services, and architectural services financed by a loan made or 
guaranteed by RUS. This part implements these provisions of the RUS loan 
agreement. Subparts A through E of this part prescribe when and how 
borrowers are required to use RUS standard forms of contracts for 
engineering and architectural services. Subpart F of this part 
prescribes the procedures that RUS follows in promulgating standard 
contract forms and identifies those contract forms that borrowers are 
required to use for engineering and architectural services.

[63 FR 58284, Oct. 30, 1998]



Sec. Sec.  1724.11-1724.19  [Reserved]



                    Subpart B_Architectural Services



Sec.  1724.20  Borrowers' requirements--architectural services.

    The provisions of this section apply to all borrower electric system 
facilities regardless of the source of financing.
    (a) Each borrower shall select a qualified architect to perform the 
architectural services required for the design and construction 
management of headquarters facilities. The selection of the architect is 
not subject to RUS approval unless specifically required by RUS on a 
case by case basis. Architect's qualification information need not be 
submitted to RUS unless specifically requested by RUS on a case by case 
basis.
    (b) The architect retained by the borrower shall not be an employee 
of the building supplier or contractor, except in cases where the 
building is prefabricated and pre-engineered.
    (c) The architect's duties are those specified under the 
Architectural Services Contract and under subpart E of this part, and, 
as applicable, those duties assigned to the ``engineer'' for competitive 
procurement procedures in part 1726 of this chapter.
    (d) If the facilities are RUS financed, the borrower shall submit or 
require the architect to submit one copy of each construction progress 
report to RUS upon request.
    (e) Additional information concerning RUS requirements for electric 
borrowers' headquarters facilities are set forth in subpart E of this 
part. See also RUS Bulletin 1724E-400, Guide to Presentation of Building 
Plans and Specifications, for additional guidance. This bulletin is 
available from Program Development and Regulatory Analysis, Rural 
Utilities Service, U.S. Department of Agriculture, Stop 1522, 1400 
Independence Ave., SW., Washington, DC 20250-1522.



Sec.  1724.21  Architectural services contracts.

    The provisions of this section apply only to RUS financed electric 
system facilities.
    (a) RUS Form 220, Architectural Services Contract, may be used by 
electric borrowers when obtaining architectural services.
    (b) The borrower shall ensure that the architect furnishes or 
obtains all architectural services related to the design and 
construction management of the facilities.
    (c) Reasonable modifications or additions to the terms and 
conditions in the RUS contract form may be made to define the exact 
services needed for a specific undertaking. Such modifications or 
additions shall not relieve the architect or the borrower of the basic 
responsibilities required by the RUS contract form, and shall not alter 
any terms and conditions required by law. All substantive changes must 
be approved by RUS prior to execution of the contract.
    (d) Architectural services contracts are not subject to RUS approval 
and need not be submitted to RUS unless specifically requested by RUS on 
a case by case basis.
    (e) Closeout. Upon completion of all services and obligations 
required under each architectural services contract, including, but not 
limited to, submission of final documents, the borrower must closeout 
that contract. The borrower shall obtain from the architect a final 
statement of cost, which must be supported by detailed information as 
appropriate. For example, out-of-pocket expense and per diem types of 
compensation should be listed separately with labor, transportation, 
etc., itemized for each service involving these types of compensation. 
RUS Form 284, Final Statement of Cost for

[[Page 176]]

Architectural Service, may be used. All computations of the compensation 
must be made in accordance with the terms of the architectural services 
contract. Closeout documents need not be submitted to RUS unless 
specifically requested by RUS on a case by case basis.

[63 FR 35314, June 29, 1998, as amended at 84 FR 32617, July 9, 2019]



Sec. Sec.  1724.22-1724.29  [Reserved]



                     Subpart C_Engineering Services



Sec.  1724.30  Borrowers' requirements--engineering services.

    The provisions of this section apply to all borrower electric system 
facilities regardless of the source of financing.
    (a) Each borrower shall select one or more qualified persons to 
perform the engineering services involved in the planning (including the 
development of an EE Program eligible for financing pursuant to subpart 
H of part 1710 of this chapter, design, and construction management of 
the system.
    (b) Each borrower shall retain or employ one or more qualified 
engineers to inspect and certify all new construction in accordance with 
Sec.  1724.32. The engineer must not be the borrower's manager.
    (c) The selection of the engineer is not subject to RUS approval 
unless specifically required by RUS on a case by case basis. Engineer's 
qualification information need not be submitted to RUS unless 
specifically requested by RUS on a case by case basis.
    (d) The engineer's duties are specified under the Engineering 
Services Contract and under part 1726 of this chapter. The borrower 
shall ensure that the engineer executes all certificates and other 
instruments pertaining to the engineering details required by RUS.
    (e) Additional requirements related to appropriate seismic safety 
measures are contained in part 1792, subpart C, of this chapter, Seismic 
Safety of Federally Assisted New Building Construction.
    (f) If the facilities are RUS financed, the borrower shall submit or 
require the engineer to submit one copy of each construction progress 
report to RUS upon RUS' request.

[63 FR 35314, June 29, 1998, as amended at 78 FR 73371, Dec. 5, 2013]



Sec.  1724.31  Engineering services contracts.

    The provisions of this section apply only to RUS financed electric 
system facilities.
    (a) RUS contract forms for engineering services shall be used. 
Reasonable modifications or additions to the terms and conditions in the 
RUS contract form may be made to define the exact services needed for a 
specific undertaking. Any such modifications or additions shall not 
relieve the engineer or the borrower of the basic responsibilities 
required by the RUS contract form, and shall not alter any terms and 
conditions required by law. All substantive changes to the RUS contract 
form shall be approved by RUS prior to execution of the contract.
    (b) RUS Form 236, Engineering Service Contract--Electric System 
Design and Construction, may be used for all distribution, transmission, 
substation, and communications and control facilities. These contracts 
are not subject to RUS approval and need not be submitted to RUS unless 
specifically requested by RUS on a case by case basis.
    (c) RUS Form 211, Engineering Service Contract for the Design and 
Construction of a Generating Plant, shall be used for all new generating 
units and repowering of existing units. These contracts require RUS 
approval.
    (d) Any amendments to RUS approved engineering services contracts 
require RUS approval.
    (e) Closeout. Upon completion of all services and obligations 
required under each engineering services contract, including, but not 
limited to, submission of final documents, the borrower must closeout 
the contract. The borrower shall obtain from the engineer a completed 
final statement of engineering fees, which must be supported by detailed 
information as appropriate. RUS Form 234, Final Statement of Engineering 
Fee, may be used. All computations of the compensation shall be made in 
accordance with the terms of the engineering services contract.

[[Page 177]]

Closeout documents need not be submitted to RUS unless specifically 
requested by RUS on a case by case basis.

[63 FR 35314, June 29, 1998, as amended at 84 FR 32617, July 9, 2019]



Sec.  1724.32  Inspection and certification of work order construction.

    The provisions of this section apply to all borrower electric system 
facilities regardless of the source of financing.
    (a) The borrower shall ensure that all field inspection and related 
services are performed within 6 months of the completion of 
construction, and are performed by a licensed engineer, except that a 
subordinate of the licensed engineer may make the inspection, provided 
the following conditions are met:
    (1) The inspection by the subordinate is satisfactory to the 
borrower;
    (2) This practice is acceptable under applicable requirements of the 
States in which the facilities are located;
    (3) The subordinate is experienced in making such inspections;
    (4) The name of the person making the inspection is included in the 
certification; and
    (5) The licensed engineer signs such certification which appears on 
the inventory of work orders.
    (b) The inspection shall include a representative and sufficient 
amount of construction listed on each RUS Form 219, Inventory of Work 
Orders (or comparable form), being inspected to assure the engineer that 
the construction is acceptable. Each work order that was field inspected 
shall be indicated on RUS Form 219 (or comparable form.) The inspection 
services shall include, but not be limited to, the following:
    (1) Determination that construction conforms to RUS specifications 
and standards and to the requirements of the National Electrical Safety 
Code (NESC), State codes, and local codes;
    (2) Determination that the staking sheets or as-built drawings 
represent the construction completed and inspected;
    (3) Preparation of a list of construction clean-up notes and staking 
sheet discrepancies to be furnished to the owner to permit correction of 
construction, staking sheets, other records, and work order inventories;
    (4) Reinspection of construction corrected as a result of the 
engineer's report;
    (5) Noting, initialing, and dating the staking or structure sheets 
or as-built drawings and noting the corresponding work order entry for 
line construction; and
    (6) Noting, initialing, and dating the as-built drawings or sketches 
for generating plants, substations, and other major facilities.
    (c) Certification. (1) The following certification must appear on 
all inventories of work orders:

    I hereby certify that sufficient inspection has been made of the 
construction reported by this inventory to give me reasonable assurance 
that the construction complies with applicable specifications and 
standards and meets appropriate code requirements as to strength and 
safety. This certification is in accordance with acceptable engineering 
practice.

    (2) A certification must also include the name of the inspector, 
name of the firm, signature of the licensed engineer, the engineer's 
State license number, and the date of signature.



Sec. Sec.  1724.33-1724.39  [Reserved]



                   Subpart D_Electric System Planning



Sec.  1724.40  General.

    Borrowers shall have ongoing, integrated planning to determine their 
short-term and long-term needs for plant additions, improvements, 
replacements, and retirements for their electric systems. The primary 
components of the planning system consist of long-range engineering 
plans and construction work plans. Long-range engineering plans identify 
plant investments required over a long-range period, 10 years or more. 
Construction work plans specify and document plant requirements for a 
shorter term, 2 to 4 years. Long-range engineering plans and 
construction work plans shall be in accordance with part 1710, subpart 
F, of this chapter. See also RUS Bulletins 1724D-101A, Electric System 
Long-Range Planning Guide, and 1724D-101B, System Planning Guide, 
Construction

[[Page 178]]

Work Plans, for additional guidance. These bulletins are available at 
https://www.rd.usda.gov/resources/regulations/bulletins.

[63 FR 35314, June 29, 1998, as amended at 87 FR 73442, Nov. 30, 2022]



Sec. Sec.  1724.41-1724.49  [Reserved]



                    Subpart E_Electric System Design



Sec.  1724.50  Compliance with National Electrical Safety Code (NESC).

    The provisions of this section apply to all borrower electric system 
facilities regardless of the source of financing.
    (a) A borrower shall ensure that its electric system, including all 
electric distribution, transmission, and generating facilities, is 
designed, constructed, operated, and maintained in accordance with all 
applicable provisions of the most current and accepted criteria of the 
National Electrical Safety Code (NESC) and all applicable and current 
electrical and safety requirements of any State or local governmental 
entity. Copies of the NESC may be obtained from the Institute of 
Electrical and Electronic Engineers, Inc., 445 Hoes Lane, Piscataway, NJ 
08855. This requirement applies to the borrower's electric system 
regardless of the source of financing.
    (b) Any electrical standard requirements established by RUS are in 
addition to, and not in substitution for or a modification of, the most 
current and accepted criteria of the NESC and any applicable electrical 
or safety requirements of any State or local governmental entity.
    (c) Overhead distribution circuits shall be constructed with not 
less than the Grade C strength requirements as described in Section 26, 
Strength Requirements, of the NESC when subjected to the loads specified 
in NESC Section 25, Loadings for Grades B and C. Overhead transmission 
circuits shall be constructed with not less than the Grade B strength 
requirements as described in NESC Section 26.



Sec.  1724.51  Design requirements.

    The provisions of this section apply to all borrower electric system 
facilities regardless of the source of financing.
    (a) Distribution. All distribution facilities must conform to the 
applicable RUS construction standards and utilize RUS accepted 
materials.
    (b) Transmission lines. (1) All transmission line design data must 
be approved by RUS or a licensed professional engineer may certify that 
the design data, plans and profiles drawings for the electric system 
facilities meets all applicable RUS electric design requirements, 
specifications, local, state and national requirements and that RUS 
listed materials were used.
    (2) Design data consists of all significant design features, 
including, but not limited to, transmission line design data summary, 
general description of terrain, right-of-way calculations, discussion 
concerning conductor and structure selection, conductor sag and tension 
information, design clearances, span limitations due to clearances, 
galloping or conductor separation, design loads, structure strength 
limitations, insulator selection and design, guying requirements, and 
vibration considerations. For lines composed of steel or concrete poles, 
or steel towers, in which load information will be used to purchase the 
structures, the design data shall also include loading trees, structure 
configuration and selection, and a discussion concerning foundation 
selection.
    (3) Line design data for uprating transmission lines to higher 
voltage levels or capacity must be approved by RUS.
    (4) Transmission line design data which has received RUS approval in 
connection with a previous transmission line construction project for a 
particular borrower is considered approved by RUS for that borrower, 
provided that:
    (i) The conditions on the project fall within the design data 
previously approved; and
    (ii) No significant NESC revisions have occurred.
    (c) Substations. (1) All substation design data must be approved by 
RUS or a licensed professional engineer may certify that the design 
data, plans and

[[Page 179]]

profiles drawings for the electric system facilities meets all 
applicable RUS electric design requirements, specifications, local, 
state and national requirements and that RUS listed materials were used.
    (2) Design data consists of all significant design features, 
including, but not limited to, a discussion of site considerations, oil 
spill prevention measures, design considerations covering voltage, 
capacity, shielding, clearances, number of low and high voltage phases, 
major equipment, foundation design parameters, design loads for line 
support structures and the control house, seismic considerations, 
corrosion, grounding, protective relaying, and AC and DC auxiliary 
systems. Reference to applicable safety codes and construction standards 
are also to be included.
    (3) Substation design data which has received RUS approval in 
connection with a previous substation construction project for a 
particular borrower is considered approved by RUS for that borrower, 
provided that:
    (i) The conditions on the project fall within the design data 
previously approved; and
    (ii) No significant NESC revisions have occurred.
    (d) Generating facilities. (1) This section covers all portions of a 
generating plant including plant buildings, the generator step-up 
transformer, and the transmission switchyard at a generating plant. 
Warehouses and equipment service buildings not associated with 
generation plants are covered under paragraph (e) of this section. 
Generation plant buildings must meet the requirements of paragraph 
(e)(1) of this section.
    (2) For all new generation units and for all repowering projects, 
the design outline shall be approved by RUS, unless RUS determines that 
a design outline is not needed for a particular project.
    (3) The design outline will include all significant design criteria. 
During the early stages of the project, RUS will, in consultation with 
the borrower and its consulting engineer, identify the specific items 
which are to be included in the design outline.
    (e) Headquarters--(1) Applicable laws. The design and construction 
of headquarters facilities shall comply with all applicable Federal, 
State, and local laws and regulations, including, but not limited to:
    (i) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794), 
which states that no qualified individual with a handicap shall, solely 
by reason of their handicap, be excluded from participation in, be 
denied the benefits of, or be subject to discrimination under any 
program or activity receiving Federal financial assistance. The Uniform 
Federal Accessibility Standards (41 CFR part 101-19, subpart 101-19.6, 
appendix A) are the applicable standards for all new or altered borrower 
buildings, regardless of the source of financing.
    (ii) The Architectural Barriers Act of 1968 (42 U.S.C. 4151), which 
requires that buildings financed with Federal funds are designed and 
constructed to be accessible to the physically handicapped.
    (iii) The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 
et seq.), and Executive Order 12699, Seismic Safety of Federal and 
Federally Assisted or Regulated New Building Construction (3 CFR 1990 
Comp., p. 269). Appropriate seismic safety provisions are required for 
new buildings for which RUS provides financial assistance. (See part 
1792, subpart C, of this chapter.)
    (2) The borrower shall provide evidence, satisfactory in form and 
substance to the Administrator, that each building will be designed and 
built in compliance with all Federal, State, and local requirements.
    (f) Communications and control. (1) This section covers microwave 
and powerline carrier communications systems, load control, and 
supervisory control and data acquisition (SCADA) systems but does not 
include cybersecurity measures.
    (2) The performance considerations for a new or replacement master 
system must be approved by RUS. A master system includes the main 
controller and related equipment at the main control point. Performance 
considerations include all major system features and their 
justification, including, but not limited to, the objectives of the 
system, the types of parameters

[[Page 180]]

to be controlled or monitored, the communication media, alternatives 
considered, and provisions for future needs.

[63 FR 35314, June 29, 1998, as amended at 84 FR 32617, July 9, 2019; 87 
FR 73442, Nov. 30, 2022]



Sec.  1724.52  Permitted deviations from RUS construction standards.

    The provisions of this section apply to all borrower electric system 
facilities regardless of the source of financing.
    (a) Structures for raptor protection. (1) RUS standard distribution 
line structures may not have the extra measure of protection needed in 
areas frequented by eagles and other large raptors to protect such birds 
from electric shock due to physical contact with energized wires. Where 
raptor protection in the design of overhead line structures is required 
by RUS; a Federal, State or local authority with permit or license 
authority over the proposed construction; or where the borrower 
voluntarily elects to comply with the recommendations of the U.S. Fish 
and Wildlife Service or State wildlife agency, borrowers are permitted 
to deviate from RUS construction standards, provided:
    (i) Structures are designed and constructed in accordance with 
``Suggested Practices for Raptor Protection on Powerlines: The State of 
the Art in 1996'' (Suggested Practices for Raptor Protection); and,
    (ii) Structures are in accordance with the NESC and applicable State 
and local regulations.
    (2) Any deviation from the RUS construction standards for the 
purpose of raptor protection, which is not in accordance with the 
Suggested Practices for Raptor Protection, must be approved by RUS prior 
to construction. ``Suggested Practices for Raptor Protection on 
Powerlines: The State of the Art in 1996,'' published by the Edison 
Electric Institute/Raptor Research Foundation, is hereby incorporated by 
reference. This incorporation by reference is approved by the Director 
of the Office of the Federal Register in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies of this publication may be obtained from the 
Raptor Research Foundation, Inc., c/o Jim Fitzpatrick, Treasurer, 
Carpenter Nature Center, 12805 St. Croix Trail South, Hastings, 
Minnesota 55033. It is also available for inspection during normal 
business hours at RUS, Electric Staff Division, 1400 Independence 
Avenue, SW., Washington, DC, Room 1246-S, and at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
    (b) Transformer neutral connections. Where it is necessary to 
separate the primary and secondary neutrals to provide the required 
electric service to a consumer, the RUS standard transformer secondary 
neutral connections may be modified in accordance with Rule 97D2 of the 
NESC.
    (c) Lowering of neutral conductor on overhead distribution lines. 
(1) It is permissible to lower the neutral attachment on standard 
construction pole-top assemblies an additional distance not exceeding 
two feet (0.6 m) for the purpose of economically meeting the clearance 
requirements of the NESC.
    (2) It is permissible to lower the transformer and associated 
neutral attachment up to two feet (0.6 m) to provide adequate clearance 
between the cutouts and single-phase, conventional distribution 
transformers.
    (3) It is permissible to lower the neutral attachment on standard 
construction pole-top assemblies an additional distance of up to six 
feet (2 m) for the purpose of performing construction and future line 
maintenance on these assemblies from bucket trucks designed for such 
work.

[63 FR 35314, June 29, 1998, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  1724.53  Preparation of plans and specifications.

    The provisions of this section apply to all borrower electric system 
facilities regardless of the source of financing.
    (a) General. (1) The borrower (acting through the engineer, if 
applicable) shall prepare plans and specifications that adequately 
represent the construction to be performed.

[[Page 181]]

    (2) Plans and specifications for distribution, transmission, or 
generating facilities must be based on a construction work plan (as 
amended, if applicable), engineering study or construction program which 
has been approved by RUS if financing for the facilities will at any 
time be requested from RUS.
    (b) Composition of plans and specifications package. (1) Whether 
built by force account or contract, each set of plans and specifications 
must include:
    (i) Distribution lines. Specifications and drawings, staking sheets, 
key map and appropriate detail maps;
    (ii) Transmission lines. Specifications and drawings, transmission 
line design data manual, vicinity maps of the project, a one-line 
diagram, and plan and profile sheets;
    (iii) Substations. Specifications and drawings, including a one-line 
diagram, plot and foundation plan, grounding plan, and plans and 
elevations of structure and equipment, as well as all other necessary 
construction drawings, in sufficient detail to show phase spacing and 
ground clearances of live parts;
    (iv) Headquarters. Specifications and drawings, including:
    (A) A plot plan showing the location of the proposed building plus 
paving and site development;
    (B) A one line drawing (floor plan and elevation view), to scale, of 
the proposed building with overall dimensions shown; and
    (C) An outline specification including materials to be used (type of 
frame, exterior finish, foundation, insulation, etc.); and
    (v) Other facilities (e.g., generation and communications and 
control facilities). Specifications and drawings, as necessary and in 
sufficient detail to accurately define the scope and quality of work 
required.
    (2) For contract work, the appropriate standard RUS construction 
contract form shall be used as required by part 1726 of this chapter.



Sec.  1724.54  Requirements for RUS approval of plans and specifications.

    The provisions of this section apply only to RUS financed electric 
system facilities.
    (a) For any contract subject to RUS approval in accordance with part 
1726 of this chapter, the borrower shall obtain RUS approval of the 
plans and specifications, as part of the proposed bid package, prior to 
requesting bids. RUS may require approval of other plans and 
specifications on a case by case basis.
    (b) Distribution lines. RUS approval of the plans and specifications 
for distribution line construction is not required if standard RUS 
drawings, specifications, RUS accepted material, and standard RUS 
contract forms (as required by part 1726 of this chapter) are used. 
Drawings, plans and specifications for nonstandard distribution 
construction must be submitted to RUS and receive approval prior to 
requesting bids on contracts or commencement of force account 
construction.
    (c) Transmission lines. (1) Plans and specifications for 
transmission construction projects which are not based on RUS approved 
line design data or do not use RUS standard structures must receive RUS 
design approval or RUS certification approval prior to requesting bids 
on contracts or commencement of force account construction.
    (2) Unless RUS approval is required by paragraph (a) of this 
section, plans and specifications for transmission construction which 
use previously approved design data and standard structures do not 
require RUS approval. Plans and specifications for related work, such as 
right-of-way clearing, equipment, and materials, do not require RUS 
approval unless required by paragraph (a) of this section.
    (d) Substations. (1)(i) Plans and specifications for all new 
substations must receive RUS design approval or RUS certification 
approval prior to requesting bids on contracts or commencement of force 
account construction, unless:
    (A) The substation design has been previously approved by RUS; and
    (B) No significant NESC revisions have occurred.
    (ii) The borrower shall notify RUS in writing, which may include the 
Construction Work Plan or amendment thereto that contains the proposed 
new substation, that a previously approved design will be used, 
including identification of the previously approved design.

[[Page 182]]

    (2) Unless RUS approval is required by paragraph (a) of this 
section, plans and specifications for substation modifications and for 
substations using previously approved designs do not require RUS 
approval.
    (e) Generation facilities. (1) This paragraph (e) covers all 
portions of a generating plant including plant buildings, the generator 
step-up transformer, and the transmission switchyard at a generating 
plant. Warehouses and equipment service buildings not associated with 
generation plants are covered under paragraph (f) of this section.
    (2) The borrower shall obtain RUS approval, prior to issuing 
invitations to bid, of the terms and conditions for all generating plant 
equipment or construction contracts which will cost $5,000,000 or more, 
provided however that the terms of any indenture or other agreement 
between RUS and the borrower supersede the requirement of RUS approval 
contained herein. Unless RUS approval is required by paragraph (a) of 
this section, plans and specifications for generating plant equipment 
and construction do not require RUS approval.
    (f) Headquarters buildings. (1) This paragraph (f) covers office 
buildings, warehouses, and equipment service buildings. Generating plant 
buildings are covered under paragraph (e) of this section.
    (2) Unless RUS approval is required by paragraph (a) of this 
section, plans and specifications for headquarters buildings do not 
require RUS approval. The application must show floor area and estimated 
cost breakdown between office building space and space for equipment 
warehousing and service facilities, and include a one line drawing 
(floor plan and elevation view), to scale, of the proposed building with 
overall dimensions shown. The information concerning the planned 
building may be included in the borrower's construction work plan in 
lieu of submitting it with the application. (See 7 CFR part 1710, 
subpart F.) Prior to issuing the plans and specifications for bid, the 
borrower shall also submit to RUS a statement, signed by the architect 
or engineer, that the building design meets the Uniform Federal 
Accessibility Standards (See Sec.  1724.51(e)(1)(i)).
    (g) Communications and control facilities. (1) This paragraph (g) 
covers microwave and powerline carrier communications systems, load 
control, and supervisory control and data acquisition (SCADA) systems, 
but does not include cybersecurity systems.
    (2) The borrower shall obtain RUS approval, prior to issuing 
invitations to bid, of the terms and conditions for communications and 
control facilities contracts which will cost $1,500,000 or more; 
provided however that the terms of any indenture or other agreement 
between RUS and the borrower supersede the requirement of RUS approval 
contained herein. Unless RUS approval is required by paragraph (a) of 
this section, plans and specifications for communications and control 
facilities do not require RUS approval.
    (h) Terms and conditions include the RUS standard form of contract, 
general and special conditions, and any other non-technical provisions 
of the contract. Terms and conditions which have received RUS approval 
in connection with a previous contract for a particular borrower are 
considered approved by RUS for that borrower.

[63 FR 35314, June 29, 1998, as amended at 65 FR 63196, Oct. 23, 2000; 
77 FR 3071, Jan. 23, 2012; 84 FR 32617, July 9, 2019; 87 FR 73442, Nov. 
30, 2022]



Sec.  1724.55  Dam safety.

    (a) The provisions of this section apply only to RUS financed 
electric system facilities.
    (1)(i) Any borrower that owns or operates a RUS financed dam must 
utilize the``Federal Guidelines for Dam Safety,''(Guidelines), as 
applicable. A dam, as more fully defined in the Guidelines, is generally 
any artificial barrier which either:
    (A) Is 25 feet (8 m) or more in height; or
    (B) Has an impounding capacity at maximum water storage elevation of 
55 acre-feet (68,000 m\3\) or more.
    (ii) The``Federal Guidelines for Dam Safety,''FEMA 93, June, 1979, 
published by the Federal Emergency Management Agency (FEMA), is hereby 
incorporated by reference. This incorporation by reference is approved 
by the Director of the Office of the Federal Register in accordance with 
5 U.S.C. 552(a)

[[Page 183]]

and 1 CFR part 51. Copies of the``Federal Guidelines for Dam Safety''may 
be obtained from the Federal Emergency Management Agency, Mitigation 
Directorate, PO Box 2012, Jessup, MD 20794. It is also available for 
inspection during normal business hours at RUS, Electric Staff Division, 
1400 Independence Avenue, SW., Washington, DC, Room 1246-S, and at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
    (2) The borrower shall evaluate the hazard potential of its dams in 
accordance with Appendix E of the U.S. Army Corps of Engineers 
Engineering and Design Dam Safety Assurance Program, ER 1110-2-1155, 
July 31, 1995. A summary of the hazard potential criteria is included 
for information as Appendix A to this subpart. The U.S. Army Corps of 
Engineers Engineering and Design Dam Safety Assurance Program, ER 1110-
2-1155, July 31, 1995, published by the United States Army Corps of 
Engineers, is hereby incorporated by reference. This incorporation by 
reference is approved by the Director of the Office of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of 
the U. S. Army Corps of Engineers Engineering and Design Dam Safety 
Assurance Program may be obtained from the U. S. Army Corps of 
Engineers, Publications Depot, 2803 52nd Ave., Hyattsville, MD 20781. It 
is also available for inspection during normal business hours at RUS, 
Electric Staff Division, 1400 Independence Avenue, SW., Washington, DC, 
Room 1246-S, and at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (3) For high hazard potential dams, the borrower must obtain an 
independent review of the design and critical features of construction. 
The reviewer must have demonstrated experience in the design and 
construction of dams of a similar size and nature. The reviewer must be 
a qualified engineer not involved in the original design of the dam or a 
Federal or State agency responsible for dam safety. The reviewer must be 
approved by RUS.
    (4) The independent review of design must include, but not 
necessarily be limited to, plans, specifications, design calculations, 
subsurface investigation reports, hydrology reports, and redesigns which 
result from encountering unanticipated or unusual conditions during 
construction.
    (5) The independent review of construction shall include:
    (i) Foundation preparation and treatment. When the foundation has 
been excavated and exposed, and before critical structures such as earth 
embankments or concrete structures are placed thereon, the borrower 
shall require the reviewer to conduct an independent examination of the 
foundation to ensure that suitable foundation material has been reached 
and that the measures proposed for treatment of the foundation are 
adequate. This examination must extend to the preparation and treatment 
of the foundation for the abutments.
    (ii) Fill placement. During initial placement of compacted fill 
materials, the borrower shall require the reviewer to conduct an 
independent examination to ensure that the materials being used in the 
various zones are suitable and that the placement and compaction 
procedures being used by the contractor will result in a properly 
constructed embankment.
    (6) If the reviewer disagrees with any aspect of the design or 
construction which could affect the safety of the dam, then the borrower 
must meet with the design engineer and the reviewer to resolve the 
disagreements.
    (7) Emergency action plan. For high hazard potential dams, the 
borrower must develop an emergency action plan incorporating preplanned 
emergency measures to be taken prior to and following a potential dam 
failure. The plan should be coordinated with local government and other 
authorities involved with the public safety.
    (b)(1) For more information and guidance, the following publications 
regarding dam safety are available from FEMA:

[[Page 184]]

    (i)``Emergency Action Planning Guidelines for Dams,''FEMA 64.
    (ii)``Federal Guidelines for Earthquake Analysis and Design of 
Dams,''FEMA 65.
    (iii)``Federal Guidelines for Selecting and Accommodating Inflow 
Design Floods for Dams,''FEMA 94.
    (iv)``Dam Safety: An Owner's Guidance Manual,''FEMA 145, August, 
1987.
    (2) These publications may be obtained from the Federal Emergency 
Management Agency, Mitigation Directorate, PO Box 2012, Jessup, MD 
20794.

[63 FR 35314, June 29, 1998, as amended at 69 FR 18803, Apr. 9, 2004; 84 
FR 32617, July 9, 2019]



Sec. Sec.  1724.56-1724.69  [Reserved]



      Sec. Appendix A to Subpart E of Part 1724--Hazard Potential 
                 Classification for Civil Works Projects

    The source for this appendix is U.S. Army Corps of Engineers 
Engineering and Design Dam Safety Assurance Program, ER 1110-2-1155, 
Appendix E. Appendix E is available from the address listed in Sec.  
1724.55(a)(2).

----------------------------------------------------------------------------------------------------------------
          Category \1\                      Low                    Significant                    High
----------------------------------------------------------------------------------------------------------------
Direct Loss of Life \2\........  None expected (due to      Uncertain (rural location  Certain (one or more
                                  rural location with no     with few residences and    extensive residential,
                                  permanent structures for   only transient or          commercial or industrial
                                  human habitation).         industrial development).   development).
Lifeline Losses \3\............  No disruption of           Disruption of essential    Disruption of critical
                                  services--repairs are      facilities and access.     facilities and access.
                                  cosmetic or rapidly
                                  repairable damage.
Property Losses \4\............  Private agricultural       Major public and private   Extensive public and
                                  lands, equipment and       facilities.                private facilities.
                                  isolated buildings.
Environmental Losses \5\.......  Minimal incremental        Major mitigation required  Extensive mitigation cost
                                  damage.                                               or impossible to
                                                                                        mitigate.
----------------------------------------------------------------------------------------------------------------
Notes:
\1\ Categories are based upon project performance and do not apply to individual structures within a project.
\2\ Loss of life potential based upon inundation mapping of area downstream of the project. Analysis of loss of
  life potential should take into account the extent of development and associated population at risk, time of
  flood wave travel and warning time.
\3\ Indirect threats to life caused by the interruption of lifeline services due to project failure, or
  operation, i.e., direct loss of (or access to) critical medical facilities or loss of water or power supply,
  communications, power supply, etc.
\4\ Direct economic impact of value of property damages to project facilities and down stream property and
  indirect economic impact due to loss of project services, i.e., impact on navigation industry of the loss of a
  dam and navigation pool, or impact upon a community of the loss of water or power supply.
\5\ Environmental impact downstream caused by the incremental flood wave produced by the project failure, beyond
  which would normally be expected for the magnitude flood event under a without project conditions.



                      Subpart F_RUS Contract Forms



Sec.  1724.70  Standard forms of contracts for borrowers.

    (a) General. The standard loan agreement between RUS and its 
borrowers provides that, in accordance with applicable RUS regulations 
in this chapter, the borrower shall use standard forms of contract 
promulgated by RUS for construction, procurement, engineering services, 
and architectural services financed by a loan made or guaranteed by RUS. 
(See section 5.16 of appendix A to subpart C of part 1718 of this 
chapter.) This subpart prescribes RUS procedures in promulgating 
electric program standard contract forms and identifies those forms that 
borrowers are required to use.
    (b) Contract forms. RUS promulgates standard contract forms, 
identified in the List of Required Contract Forms, Sec.  1724.74(c), 
that borrowers are required to use in accordance with the provisions of 
this part. A borrower may deviate from the Required Contract Form 
provided the borrower certifies to RUS that the non-standard form 
incorporates the provisions of the Required Contract Form that are 
contained in the RUS Certification Form found at https://
www.rd.usda.gov/resources/directives/electric-sample-documents. Further, 
a borrower may utilize a contract other than a Required Contract Form if 
it is allowed to do so by an indenture

[[Page 185]]

or any other agreement between the borrower and RUS. In addition, RUS 
promulgates standard contract forms identified in the List of Guidance 
Contract Forms contained in Sec.  1724.74(c) that the borrowers may but 
are not required to use in the planning, design, and construction of 
their electric systems. Borrowers are not required to use these guidance 
contract forms in the absence of an agreement to do so.

[63 FR 58284, Oct. 30, 1998, as amended at 87 FR 73442, Nov. 30, 2022]



Sec.  1724.71  Borrower contractual obligations.

    (a) Loan agreement. As a condition of a loan or loan guarantee under 
the RE Act, distribution borrowers are normally required to enter into 
RUS loan agreements pursuant to which the borrower agrees to use RUS 
standard forms of contracts for construction, procurement, engineering 
services and architectural services financed in whole or in part by the 
RUS loan. Normally, this obligation is contained in section 5.16 of the 
standard distribution loan contract. To comply with the provisions of 
the loan agreements as implemented by this part, borrowers must use 
those forms of contract (hereinafter sometimes called ``listed contract 
forms'') identified in the List of Required Standard Contract Forms 
contained in Sec.  1724.74(c), except as provided in Sec.  1724.70(b). 
Power Supply borrowers typically execute an indenture and loan contract 
as well. The terms and conditions of any indenture and loan contract 
executed by a Power Supply borrower shall govern its obligations with 
respect to the use of contract forms.
    (b) Compliance. If a borrower is required by this part or by its 
loan agreement with RUS to use a listed standard form of contract, the 
borrower shall use the listed contract form in the format available from 
RUS, either paper or electronic format, except as provided in Sec.  
1724.70(bc). Exact electronic reproduction is acceptable. The approved 
RUS standard forms of contract shall not be retyped, changed, modified, 
or altered in any manner not specifically authorized in this part or 
approved by RUS in writing on a case-by-case basis. Any modifications 
approved by RUS on a case-by-case basis must be clearly shown so as to 
indicate the modification difference from the standard form of contract.
    (c) Amendment. Where a borrower has entered into a contract in the 
form required by this part, no change may be made in the terms of the 
contract, by amendment, waiver or otherwise, without the prior written 
approval of RUS except as provided in Sec.  1724.70(b).
    (d) Waiver. RUS may waive for good cause, on a case by case basis, 
the requirements imposed on a borrower pursuant to this part. Borrowers 
seeking a waiver by RUS must provide RUS with a written request 
explaining the need for the waiver.
    (e) Violations. A failure on the part of the borrower to use listed 
contracts as prescribed in this part is a violation of the terms of its 
loan agreement with RUS and RUS may exercise any and all remedies 
available under the terms of the agreement or otherwise.

[63 FR 58285, Oct. 30, 1998, as amended at 69 FR 7108, Feb. 13, 2004; 87 
FR 73442, Nov. 30, 2022]



Sec.  1724.72  Notice and publication of listed contract forms.

    (a) Notice. Upon initially entering into a loan agreement with RUS, 
borrowers will be provided with all listed contract forms. Thereafter, 
new or revised listed contract forms promulgated by RUS, including RUS 
approved exceptions and alternatives, will be sent by regular or 
electronic mail to the address of the borrower as identified in its loan 
agreement with RUS.
    (b) Availability. Listed contract forms are published by RUS. 
Interested parties may obtain the forms from: Rural Utilities Service, 
Program Development and Regulatory Analysis, U.S. Department of 
Agriculture, Stop 1522, 1400 Independence Avenue, SW., Stop 1522, 
Washington, DC 20250-1522, telephone number (202) 720-8674. The list of 
contract forms can be found in Sec.  1724.74(c), List of Required 
Contract Forms.

[63 FR 58285, Oct. 30, 1998]



Sec.  1724.73  Promulgation of new or revised contract forms.

    RUS may, from time to time, undertake to promulgate new contract 
forms

[[Page 186]]

or revise or eliminate existing contract forms. In so doing, RUS shall 
publish notice of rulemaking in the Federal Register announcing, as 
appropriate, a revision in, or a proposal to amend Sec.  1724.74, List 
of Electric Program Standard Contract Forms. The amendment may change 
the existing identification of a listed contract form; for example, 
changing the issuance date of a listed contract form or by identifying a 
new required contract form. The notice of rulemaking will describe the 
new standard contract form or the substantive change in the listed 
contract form, as the case may be, and the issues involved. The standard 
contract form or relevant portions thereof may be appended to the 
supplementary information section of the notice of rulemaking. As 
appropriate, the notice of rulemaking shall provide an opportunity for 
interested persons to provide comments. A copy of each such Federal 
Register document shall be sent by regular or electronic mail to all 
borrowers.

[63 FR 58285, Oct. 30, 1998]



Sec.  1724.74  List of electric program standard contract forms.

    (a) General. The following is a list of RUS electric program 
standard contract forms for architectural and engineering services. 
Paragraph (c) of this section contains the list of required contract 
forms, i.e., those forms of contracts that borrowers are required to use 
by the terms of their RUS loan agreements as implemented by the 
provisions of this part. Paragraph (d) of this section contains the list 
of guidance contract forms, i.e., those forms of contracts provided as 
guidance to borrowers in the planning, design, and construction of their 
systems. All of these forms are available from RUS. See Sec.  1724.72(b) 
for availability of these forms.
    (b) Issuance date. Where required by this part to use a standard 
form of contract in connection with RUS financing, the borrower shall 
use that form identified by issuance date in the List of Required 
Contract Forms in paragraph (c) of this section, as most recently 
published as of the date the borrower executes the contract.
    (c) List of required contract forms. (1) RUS Form 211, Rev. 4-04, 
Engineering Service Contract for the Design and Construction of a 
Generating Plant. This form is used for engineering services for 
generating plant construction.
    (2) RUS Form 220, Rev. 6-98, Architectural Services Contract. This 
form is used for architectural services for building construction.
    (3) RUS Form 236, Rev. 6-98, Engineering Service Contract--Electric 
System Design and Construction. This form is used for engineering 
services for distribution, transmission, substation, and communications 
and control facilities.
    (d) List of guidance contract forms. (1) RUS Form 179, Rev. 9-66, 
Architects and Engineers Qualifications. This form is used to document 
architects and engineers qualifications.
    (2) RUS Form 215, Rev. 5-67, Engineering Service Contract--System 
Planning. This form is used for engineering services for system 
planning.
    (3) RUS Form 234, Rev. 3-57, Final Statement of Engineering Fee. 
This form is used for the closeout of engineering services contracts.
    (4) RUS Form 241, Rev. 3-56, Amendment of Engineering Service 
Contract. This form is used for amending engineering service contracts.
    (5) RUS Form 244, Rev. 12-55, Engineering Service Contract--Special 
Services. This form is used for miscellaneous engineering services.
    (6) RUS Form 258, Rev. 4-58, Amendment of Engineering Service 
Contract--Additional Project. This form is used for amending engineering 
service contracts to add an additional project.
    (7) RUS Form 284, Rev. 4-72, Final Statement of Cost for 
Architectural Service. This form is used for the closeout of 
architectural services contracts.
    (8) RUS Form 297, Rev. 12-55, Engineering Service Contract--Retainer 
for Consultation Service. This form is used for engineering services for 
consultation service on a retainer basis.
    (9) RUS Form 459, Rev. 9-58, Engineering Service Contract--Power 
Study. This form is used for engineering services for power studies.

[63 FR 58285, Oct. 30, 1998, as amended at 65 FR 63196, Oct. 23, 2000; 
69 FR 52595, Aug. 27, 2004]

[[Page 187]]



Sec. Sec.  1724.75-1724.99  [Reserved]



PART 1726_ELECTRIC SYSTEM CONSTRUCTION POLICIES AND PROCEDURES--
Table of Contents



                            Subpart A_General

Sec.
1726.1-1726.9 [Reserved]
1726.10 Introduction.
1726.11 Purpose.
1726.12 Applicability.
1726.13 Waivers.
1726.14 Definitions.
1726.15 ``Buy American''.
1726.16 Debarment and suspension.
1726.17 Restrictions on lobbying.
1726.18 Pre-loan contracting.
1726.19 Use of competitive procurement.
1726.20 Standards and specifications.
1726.21 New materials.
1726.22 Methods of construction.
1726.23 Qualification of bidders.
1726.24 Standard forms of contracts for borrowers.
1726.25 Subcontracts.
1726.26 Interest on overdue accounts.
1726.27 Contractor's bonds.
1726.28-1726.34 [Reserved]
1726.35 Submission of documents to RUS.
1726.36 Documents subject to RUS approval.
1726.37 OMB control number.
1726.38-1726.49 [Reserved]

                    Subpart B_Distribution Facilities

1726.50 Distribution line materials and equipment.
1726.51 Distribution line construction.
1726.52-1726.74 [Reserved]

            Subpart C_Substation and Transmission Facilities

1726.75 General.
1726.76 Substation and transmission line materials and equipment.
1726.77 Substation and transmission line construction.
1726.78-1726.124 [Reserved]

                     Subpart D_Generation Facilities

1726.125 Generating plant facilities.
1726.126-1726.149 [Reserved]

                           Subpart E_Buildings

1726.150 Headquarters buildings.
1726.151-1726.174 [Reserved]

                         Subpart F_General Plant

1726.175 General plant materials.
1726.176 Communications and control facilities.
1726.177-1726.199 [Reserved]

                    Subpart G_Procurement Procedures

1726.200 General requirements.
1726.201 Formal competitive bidding.
1726.202 Informal competitive bidding.
1726.203 Multiparty negotiation.
1726.204 Multiparty unit price quotations.
1726.205 Multiparty lump sum quotations.
1726.206-1726.249 [Reserved]

         Subpart H_Modifications to RUS Standard Contract Forms

1726.250 General.
1726.251 Prior approved contract modification related to price 
          escalation on transmission equipment, generation equipment, 
          and generation construction contracts.
1726.252 Prior approved contract modification related to liability for 
          special and consequential damages.
1726.253 Prior approved contract modification related to alternative bid 
          provision for payment to contractor for bulk purchase of 
          materials.
1726.254 [Reserved]
1726.255 Prior approved contract modifications related to 
          indemnification.
1726.256-1726.299 [Reserved]

                      Subpart I_RUS Standard Forms

1726.300 Standard forms of contracts for borrowers.
1726.301 Borrower contractual obligations.
1726.302 Notice and publication of listed contract forms.
1726.303 Promulgation of new or revised contract forms.
1726.304 List of electric program standard contract forms.
1726.305-1726.399 [Reserved]

                       Subpart J_Contract Closeout

1726.400 Final contract amendment.
1726.401 Material contract closeout.
1726.402 Equipment contract closeout.
1726.403 Project construction contract closeout.
1726.404 Non-site specific construction contract closeout.
1726.405 Inventory of work orders (RUS Form 219).

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

    Source: 60 FR 10155, Feb. 23, 1995, unless otherwise noted.

[[Page 188]]



                            Subpart A_General



Sec. Sec.  1726.1-1726.9  [Reserved]



Sec.  1726.10  Introduction.

    The policies, procedures and requirements included in this part are 
intended to implement provisions of the standard form of loan documents 
between the Rural Utilities Service (RUS) and its electric borrowers. 
Unless prior written approval is received from RUS, borrowers are 
required to comply with RUS policies and procedures as a condition to 
RUS providing loans, loan guarantees, or reimbursement of general funds 
for the construction and improvement of electric facilities. 
Requirements relating to RUS approval of plans and specifications, 
duties and responsibilities of the engineer and architect, and 
engineering and architectural services contracts, are contained in other 
RUS regulations. The terms ``RUS form'', ``RUS standard form'', ``RUS 
specification'', ``and RUS bulletin'' have the same meanings as the 
terms ``REA form'', ``REA standard form'', ``REA specification'', ``and 
REA bulletin'', respectively, unless otherwise noted.



Sec.  1726.11  Purpose.

    Each borrower is responsible for the planning, design, construction, 
operation and maintenance of its electric system. RUS, as a secured 
lender, has a legitimate interest in accomplishing RUS's programmatic 
objectives, and in assuring that the costs of construction, materials, 
and equipment are reasonable and economical and that the property 
securing the loans is constructed adequately to serve the purposes for 
which it is intended.



Sec.  1726.12  Applicability.

    The requirements of this part apply to the procurement of materials 
and equipment for use by electric borrowers in their electric systems 
and to the construction of their electric systems if such materials, 
equipment, and construction are financed, in whole or in part, with 
loans made or guaranteed by RUS, including reimbursable projects. In 
order for general fund expenditures for procurement or construction to 
be eligible for reimbursement from loan funds, the borrower must comply 
with the procedures required by this part. In the case of jointly owned 
projects, RUS will determine on a case by case basis the applicability 
of the requirements of this part.



Sec.  1726.13  Waivers.

    The Administrator may waive, for good cause on a case by case basis, 
certain requirements and procedures of this part. RUS reserves the 
right, as a condition of providing loans, loan guarantees, or other 
assistance, to require any borrower to make any specification, contract, 
or contract amendment subject to the approval of the Administrator.



Sec.  1726.14  Definitions.

    Terms used in this part have the meanings set forth in 7 CFR 1710.2. 
References to specific RUS forms and other RUS documents, and to 
specific sections or lines of such forms and documents, shall include 
the corresponding forms, documents, sections and lines in any subsequent 
revisions of these forms and documents. In addition to the terms defined 
in 7 CFR 1710.2, the following terms have the following meanings for the 
purposes of this part:
    Approval of proposed construction means RUS approval of a 
construction work plan or other appropriate engineering study and RUS 
approval, for purposes of system financing, of the completion of all 
appropriate environmental review requirements in accordance with 7 CFR 
part 1970.
    Architect means a registered or licensed person employed by the 
borrower to provide architectural services for a project and duly 
authorized assistants and representatives.
    Bona fide bid means a bid which is submitted by a contractor on the 
borrower's list of qualified bidders for the specific contract, prior to 
bid opening.
    ``Buy American'' certificate means a certification that the 
contractor has complied with the ``Buy American'' requirement (see Sec.  
1726.15).
    Competitive procurement means procurement of goods or services based 
on lowest evaluated bid for similar products or services when three or 
more bids are received.

[[Page 189]]

    Construction unit means a specifically defined portion of a 
construction project containing materials, labor, or both, for purposes 
of bidding and payment.
    Contracting committee means the committee consisting of three to 
five members representing the borrower's management and board of 
directors and the engineer. The contracting committee represents the 
borrower during contract clarifying discussions or negotiations under 
informal competitive bidding or multiparty negotiation, respectively.
    Encumbrance means the process of approval for advance of loans funds 
by RUS.
    Engineer means a registered or licensed person, who may be a staff 
employee or an outside consultant, to provide engineering services and 
duly authorized assistants and representatives.
    Equipment means a major component of an electric system, e.g., a 
substation transformer, heat exchanger or a transmission structure.
    Force account construction means construction performed by the 
borrower's employees.
    Formal competitive bidding means the competitive procurement 
procedure wherein bidders submit sealed proposals for furnishing the 
goods or services stipulated in the specification. Bids are publicly 
opened and read at a predetermined time and place. If a contract is 
awarded, it must be to the lowest evaluated responsive bidder (see Sec.  
1726.201).
    Goods or services means materials, equipment, or construction, or 
any combination thereof.
    Informal competitive bidding means the competitive procurement 
procedure which provides for private opening of bids and allows 
clarifying discussions between the contracting committee and the 
bidders. During the clarifying discussions any exceptions to the bid 
documents must be eliminated, or the bid rejected, so that the contract 
is awarded to the lowest evaluated responsive bidder (see Sec.  
1726.202).
    Material means miscellaneous hardware which is combined with 
equipment to form an electric system, e.g., poles, insulators, or 
conductors.
    Minor error or irregularity means a defect or variation in a bid 
that is a matter of form and not of substance. Errors or irregularities 
are ``minor'' if they can be corrected or waived without being 
prejudicial to other bidders and when they do not affect the price, 
quantity, quality, or timeliness of construction. A minor error or 
irregularity is not an exception for purposes of determining whether a 
bid is responsive.
    Minor modification or improvement means a project the cost of which 
is $150,000 or less, exclusive of the cost of owner furnished materials.
    Multiparty lump sum quotations means the procurement of goods or 
services on a lump sum basis, based on the lowest evaluated offering, 
when three or more offers are received. (See Sec.  1726.205).
    Multiparty negotiation means the procurement procedure where three 
or more bids are received and provides for negotiations between the 
contracting committee and each bidder to determine the bid which is in 
the borrower's best interest (see Sec.  1726.203).
    Multiparty unit price quotations means the procurement of goods or 
services on a unit price basis, based on the lowest evaluated offering, 
when three or more offers are received (See Sec.  1726.204).
    Net utility plant (NUP) means Part C, Line 5 of RUS Form 7 for 
distribution borrowers or Section B, Line 5 of RUS Form 12a for power 
supply borrowers for the immediately preceding calendar year.
    Procurement method means a procedure, including, but not limited to, 
those in subpart G of this part, that a borrower uses to obtain goods 
and services.
    Owner furnished materials means materials or equipment or both 
supplied by the borrower for installation by the contractor.
    Responsive bid means a bid with no exceptions or non-minor errors or 
irregularities on any technical requirement or in the contract terms and 
conditions.
    RUS approval means written approval by the Administrator or a 
representative with delegated authority. RUS approval must be in 
writing, except in

[[Page 190]]

emergency situations where RUS approval may be given over the telephone 
followed by a confirming letter.
    Unit prices means individual prices for specific construction units 
defined in accordance with RUS approved units specified in RUS standard 
contract forms.

[60 FR 10155, Feb. 23, 1995, as amended at 77 FR 3071, Jan. 23, 2012; 81 
FR 11027, Mar. 2, 2016]



Sec.  1726.15  ``Buy American''.

    The borrower must ensure that all materials and equipment financed 
with loans made or guaranteed by RUS complies with the ``Buy American'' 
provisions of the Rural Electrification Act of 1938 (7 U.S.C. 903 note), 
as amended by the North American Free Trade Agreement Implementation Act 
(107 Stat 2129). When a ``Buy American'' certificate is required by this 
part, this must be on RUS Form 213.



Sec.  1726.16  Debarment and suspension.

    Borrowers are required to comply with certain requirements on 
debarment and suspension in connection with procurement activities set 
forth in 2 CFR part 180, as adopted by USDA through 2 CFR part 417, 
particularly with respect to lower tier transactions, e.g., procurement 
contracts for goods or services.

[79 FR 76003, Dec. 19, 2014]



Sec.  1726.17  Restrictions on lobbying.

    Borrowers are required to comply with certain restrictions and 
requirements in connection with procurement activities as set forth in 2 
CFR part 418.

[79 FR 76003, Dec. 19, 2014]



Sec.  1726.18  Pre-loan contracting.

    Borrowers must consult with RUS prior to entering into any contract 
for material, equipment, or construction if a construction work plan, 
general funds, loan or loan guarantee for the proposed work has not been 
approved. While the RUS staff will work with the borrower in such 
circumstances, nothing contained in this part is to be construed as 
authorizing borrowers to enter into any contract before the availability 
of funds has been ascertained by the borrower and all environmental 
review requirements in accordance with 7 CFR part 1970, have been met.

[81 FR 11027, Mar. 2, 2016]



Sec.  1726.19  Use of competitive procurement.

    RUS borrowers' procurement is not subject to the provisions of the 
Federal Acquisition Regulation (48 CFR chapter 1); however, since 
borrowers receive the benefit of Federal financial assistance borrowers 
must use competitive procurement to the greatest extent practical. The 
borrower must use competitive procurement for obtaining all goods or 
services when a RUS loan or loan guarantee is involved except:
    (a) As specifically provided for in subparts B through F of this 
part; or
    (b) A waiver is granted.



Sec.  1726.20  Standards and specifications.

    All materials, equipment, and construction must meet the minimum 
requirements of all applicable RUS standards and specifications. (See 
part 1728 of this chapter, Electric Standards and Specifications for 
Materials and Construction, which is applicable regardless of the source 
of funding.)

[69 FR 7109, Feb. 13, 2004]



Sec.  1726.21  New materials.

    The borrower shall purchase only new materials and equipment unless 
otherwise approved by RUS, on a case by case basis, prior to the 
purchase.



Sec.  1726.22  Methods of construction.

    The borrower is generally responsible for determining whether 
construction will be by contract or force account. If construction is by 
contract, the borrower must determine whether materials will be supplied 
by the contractor or will be furnished by the borrower. RUS reserves the 
right to require contract construction in lieu of force account 
construction on a case by case basis.

[[Page 191]]



Sec.  1726.23  Qualification of bidders.

    (a) Qualified bidder list (QBL). The borrower shall (acting through 
its engineer, if applicable) review the qualifications of prospective 
bidders for contract construction and for material and equipment 
procurement, and select firms qualified for inclusion on the borrower's 
list of qualified bidders for each contract. (See also Sec.  1726.16 and 
Sec.  1726.17.) A bid may not be solicited from a prospective bidder or 
opened by the borrower unless that bidder has been determined to be a 
qualified bidder for the contract. When preparing the QBL, in addition 
to the actual experience of the borrower, if any, in dealing with a 
prospective bidder, the borrower may solicit information from that 
bidder or from other parties with firsthand experience regarding the 
firm's capabilities and experience. It is also important to consider the 
firm's performance record, safety record, and similar factors in 
determining whether to include that firm on the QBL, since the borrower 
may not evaluate these factors when evaluating a bid from a qualified 
and invited bidder.
    (b) Conflict of interest. If there is a relationship between the 
borrower or engineer and a prospective bidder which might cause the 
borrower or engineer to have or appear to have a conflict of interest, 
that prospective bidder shall not be included on the QBL unless the 
engineer discloses the nature of the relationship to the borrower. In 
the case of the borrower, if its employees or directors have a 
relationship with a prospective bidder, the prospective bidder shall not 
be included on the qualified bidders list unless the nature of the 
relationship is disclosed to the board of directors, and the board of 
directors specifically approves the inclusion of that bidder in light of 
the potential for a conflict of interest.



Sec.  1726.24  Standard forms of contracts for borrowers.

    (a) General. The standard loan agreement between RUS and the 
borrowers provides that, in accordance with applicable RUS regulations 
in this chapter, the borrower shall use standard forms of contracts 
promulgated by RUS for construction, procurement, engineering services, 
and architectural services financed by a loan made or guaranteed by RUS. 
This part implements these provisions of the RUS loan agreement. 
Subparts A through H and J of this part prescribe when and how borrowers 
are required to use RUS standard forms of contracts in procurement and 
construction. Subpart I of this part prescribes the procedures that RUS 
follows in promulgating standard contract forms and identifies those 
contract forms that borrowers are required to use for procurement and 
construction.
    (b) Amendments to contracts--(1) Contract forms. The borrower must 
use RUS Form 238, Construction or Equipment Contract Amendment, for any 
change or addition in any contract for construction or equipment.
    (2) Special considerations. Each time an amendment to a construction 
contract is executed, the borrower must ensure that contractor's bond is 
adequate, that all necessary licenses and permits have been obtained, 
and that any environmental requirements associated with the proposed 
construction have been met.
    (3) Amendment approval requirements. (i) If a RUS approved form of 
contract is required by this part, an amendment must not alter the terms 
and conditions of the RUS approved form of contract without prior RUS 
approval.
    (ii) The borrower must make a contract amendment subject to RUS 
approval if the underlying contract was made subject to RUS approval and 
the total amended contract price exceeds 120 percent of the original 
contract price (excluding any escalation provision contained in the 
contract).
    (iii) Contract amendments, except as provided in paragraph 
(b)(3)(ii) of this section, are not subject to RUS approval and need not 
be submitted to RUS unless specifically requested by RUS on a case by 
case basis.

[60 FR 10155, Feb. 23, 1995, as amended at 63 FR 58286, Oct. 30, 1998; 
69 FR 7109, Feb. 13, 2004]



Sec.  1726.25  Subcontracts.

    Subcontracts are not subject to RUS approval and need not be 
submitted to

[[Page 192]]

RUS unless specifically requested by RUS on a case by case basis.

[69 FR 7109, Feb. 13, 2004]



Sec.  1726.26  Interest on overdue accounts.

    Certain RUS contract forms contain a provision concerning payment of 
interest on overdue accounts. Prior to issuing the invitation to 
bidders, the borrower must insert an interest rate equal to the lowest 
``Prime Rate'' listed in the ``Money Rates'' section of the Wall Street 
Journal on the date such invitation to bid is issued. If no prime rate 
is published on that date, the last such rate published prior to that 
date must be used. The rate must not, however, exceed the maximum rate 
allowed by any applicable state law.

[63 FR 58286, Oct. 30, 1998]



Sec.  1726.27  Contractor's bonds.

    (a) RUS Form 168b, Contractor's Bond, shall be used when a 
contractor's bond is required by RUS Forms 200, 257, 786, 790, or 830 
unless the contractor's surety has accepted a Small Business 
Administration guarantee and the contract is for $1 million or less.
    (b) RUS Form 168c, Contractor's Bond, shall be used when a 
contractor's bond is required by RUS Forms 200, 257, 786, 790, or 830 
and the contractor's surety has accepted a Small Business Administration 
guarantee and the contract is for $1 million or less.
    (c) Surety companies providing contractor's bonds shall be listed as 
acceptable sureties in the U.S. Department of the Treasury Circular No. 
570, Companies Holding Certificates of Authority as Acceptable Sureties 
on Federal Bonds and as Acceptable Reinsuring Companies. Copies of the 
circular and interim changes may be obtained directly from the 
Government Printing Office (202) 512-1800. Interim changes are published 
in the Federal Register as they occur. The list is also available 
through the Internet at http://www.fms.treas.gov/c570/index.html and on 
the Department of the Treasury's computerized public bulletin board at 
(202) 874-6887.

[63 FR 58286, Oct. 30, 1998, as amended at 69 FR 7109, Feb. 13, 2004]



Sec. Sec.  1726.28-1726.34  [Reserved]



Sec.  1726.35  Submission of documents to RUS.

    (a) Where to send documents. Documents required to be submitted to 
RUS under this part are to be sent electronically to RUS, unless 
otherwise directed.
    (b) Borrower certification. When a borrower certification is 
required by this part, it must be made by the borrower's manager unless 
the board of directors specifically authorizes another person to make 
the required certification. In such case, a certified copy of the 
specific authorizing resolution must accompany the document or be on 
file with RUS.
    (c) Contracts requiring RUS approval. The borrower shall submit to 
RUS, one copy of each contract that is subject to RUS approval under 
subparts B through F of this part. Any contract submitted by the 
borrower contract must be accompanied by:
    (1) A bid tabulation and evaluation and, if applicable, a written 
recommendation of the architect or engineer.
    (2) For awards made under the informal competitive bidding procedure 
or the multiparty negotiation procedure, a written recommendation of the 
contracting committee (See Sec. Sec.  1726.202 and 1726.203).
    (3) One copy of an executed contractor's bond on RUS approved bond 
forms as required in the contract form and one copy of the bid bond or 
copy of the certified check.
    (4) A certification by the borrower or chairperson of the 
contracting committee, as applicable, that the appropriate bidding 
procedures were followed as required by this part.
    (5) Evidence of clear title to the site for substations and 
headquarters construction contracts, if not previously submitted.
    (6) Documentation that all reasonable measures were taken to assure 
competition if fewer than three bids were received.
    (d) Contract amendments requiring RUS approval. The borrower must 
submit to RUS, one copy of each contract amendment which is subject to 
RUS approval under Sec.  1726.24(b). Each contract

[[Page 193]]

amendment submittal to RUS must be accompanied by a bond extension, 
where necessary.
    (e) Encumbrance of loan or loan guarantee funds. (1) For contracts 
subject to RUS approval, the submittals required under paragraph (c) of 
this section will initiate RUS action to encumber loan or loan guarantee 
funds for such contracts.
    (2) For contracts not subject to RUS approval (except for generation 
projects), loan or loan guarantee funds will normally be encumbered 
using RUS Form 219, Inventory of Work Orders, after closeout of the 
contracts. In cases where the borrower can show good cause for a need 
for immediate cash, the borrower may request encumbrance of loan or loan 
guarantee funds based on submittal of a copy of the executed contract, 
provided it meets all applicable RUS requirements.
    (3) For generation project contracts not subject to RUS approval, 
the borrower must submit to RUS the following documentation:
    (i) A brief description of the scope of the contract, including 
contract identification (name, number, etc.);
    (ii) Contract date;
    (iii) Contractor's name;
    (iv) Contract amount;
    (v) Bidding procedure used;
    (vi) Borrower certification that:
    (A) The bidding procedures and contract award for each contract were 
in conformance with the requirements of Part 1726, Electric System 
Construction Policies and Procedures;
    (B) If a RUS approved form of contract is required by this part, the 
terms and conditions of the RUS approved form of contract have not been 
altered;
    (C) If RUS has approved plans and specifications for the contract, 
the contract was awarded on the basis of those plans and specifications; 
and
    (D) No restriction has been placed on the borrower's right to assign 
the contract to RUS or its successors.
    (4) Contract amendments. (i) For amendments subject to RUS approval, 
the submittals required under paragraph (c) of this section will 
initiate RUS action to encumber loan or loan guarantee funds for 
contract amendments requiring RUS approval.
    (ii) For amendments not subject to RUS approval (except generation 
projects), loan or loan guarantee funds will normally be encumbered 
using RUS Form 219, Inventory of Work Orders, after closeout of the 
contracts. In cases where the borrower can justify a need for immediate 
cash, the borrower may request encumbrance of loan or loan guarantee 
funds based on submittal of a copy of the executed amendment, providing 
it meets all applicable RUS requirements.
    (iii) For each generation project contract amendment not subject to 
RUS approval, the borrower must submit to RUS the following information 
and documentation:
    (A) The contract name and number;
    (B) The amendment number;
    (C) The amendment date;
    (D) The dollar amount of the increase or the decrease of the 
amendment;
    (E) Borrower certification that:
    (1) The amendment was approved in accordance with the policy of the 
board of directors;
    (2) If a RUS approved form of contract is required by this part, the 
terms and conditions of the RUS approved form of contract has not been 
altered; and
    (3) No restriction has been placed on the borrower's right to assign 
the contract to RUS or its successors.

[60 FR 10155, Feb. 23, 1995, as amended at 84 FR 32617, July 9, 2019; 86 
FR 36197, July 9, 2021]



Sec.  1726.36  Documents subject to RUS approval.

    Unless otherwise indicated, the borrower shall make all contracts 
and amendments that are subject to RUS approval effective only upon RUS 
approval.



Sec.  1726.37  OMB control number.

    The collection of information requirements in this part have been 
approved by the Office of Management and Budget and assigned OMB control 
number 0572-0107.

[[Page 194]]



Sec. Sec.  1726.38-1726.49  [Reserved]



                    Subpart B_Distribution Facilities



Sec.  1726.50  Distribution line materials and equipment.

    (a) Contract forms. (1) The borrower shall use RUS Form 198, 
Equipment Contract, for purchases of equipment where the total cost of 
the contract is more than $1,000,000.
    (2) The borrower may, in its discretion, use RUS Form 198, Equipment 
Contract, or a written purchase order equal to $1,000,000 or less for 
purchases of equipment, and for all materials.
    (b) Standards and specifications. Distribution line materials and 
equipment must meet the minimum requirements of RUS standards as 
determined in accordance with the provisions of part 1728 of this 
chapter, Electric Standards and Specifications for Materials and 
Construction. The borrower must obtain RUS approval prior to purchasing 
any unlisted distribution line material or equipment of the types listed 
in accordance with the provisions of part 1728 of this chapter.
    (c) Procurement procedures. It is the responsibility of each 
borrower to determine the procurement method that best meets its needs 
for the purchase of material and equipment to be used in distribution 
line construction.
    (d) Contract approval. Contracts for purchases of distribution line 
materials and equipment are not subject to RUS approval and need not be 
submitted to RUS unless specifically requested by RUS on a case by case 
basis.

[60 FR 10155, Feb. 23, 1995, as amended at 69 FR 7109, Feb. 13, 2004; 77 
FR 3072, Jan. 23, 2012]



Sec.  1726.51  Distribution line construction.

    (a) Contract forms. The borrower must use RUS Form 790, or 830, as 
outlined in this paragraph (a), for distribution line construction, 
except for minor modifications or improvements.
    (1) The borrower may use RUS Form 790, Electric System Construction 
Contract--Non-Site Specific Construction, under the following 
circumstances:
    (i) For contracts for which the borrower supplies all materials and 
equipment; or
    (ii) For non-site specific construction contracts accounted for 
under the work order procedure; or
    (iii) If neither paragraph (a)(1)(i) or (a)(1)(ii) of this section 
are applicable, the borrower may use RUS Form 790 for contracts, up to a 
cumulative total of $500,000 or one percent of net utility plant (NUP), 
whichever is greater, per calendar year of distribution line 
construction, exclusive of the cost of owner furnished materials and 
equipment.
    (2) The borrower must use RUS Form 830, Electric System Construction 
Contract--Project Construction, for all other distribution line 
construction.
    (b) Procurement procedures. (1) It is the responsibility of each 
borrower to determine the procurement method that best meets its needs 
to award contracts in amounts of up to a cumulative total of $750,000 or 
three percent of NUP (not to exceed $6,000,000), whichever is greater, 
per calendar year of distribution line construction (including minor 
modifications or improvements), exclusive of the cost of owner furnished 
materials and equipment. Borrowers may award Cost-Plus/Hourly contracts 
as part of these borrower responsibility limits up to a cumulative total 
of $250,000 or one percent of NUP (not to exceed $2,000,000), whichever 
is greater, per calendar year of distribution line construction 
(including minor modifications or improvements), exclusive of the cost 
of owner furnished materials and equipment.
    (2) The borrower shall use formal competitive bidding for all other 
distribution line contract construction unless the RUS specifically 
approves an alternative method. The dollar amounts of contracts bid 
using the formal competitive bidding procedure do not apply to the 
cumulative total stipulated in paragraph (b)(1) of this section.
    (3) An amendment which increases the scope of the contract by adding 
a project is not considered competitively bid, therefore, the dollar 
amount of that amendment does apply to the cumulative total stipulated 
in paragraph (b)(1) of this section.
    (c) Contract approval. Contracts for distribution line construction 
are not

[[Page 195]]

subject to RUS approval and need not be submitted to RUS unless 
specifically requested by RUS on a case by case basis.

[60 FR 10155, Feb. 23, 1995, as amended at 69 FR 7109, Feb. 13, 2004; 77 
FR 3072, Jan. 23, 2012; 86 FR 36198, July 9, 2021]



Sec. Sec.  1726.52-1726.74  [Reserved]



            Subpart C_Substation and Transmission Facilities



Sec.  1726.75  General.

    As used in this part, ``substations'' includes substations, 
switching stations, metering points, and similar facilities.



Sec.  1726.76  Substation and transmission line materials and equipment.

    (a) Contract forms. (1) The borrower shall use RUS Form 198, 
Equipment Contract, for purchases of equipment where the total cost of 
the contract is $1,000,000 or more.
    (2) The borrower may, in its discretion, use RUS Form 198, Equipment 
Contract, or a written purchase order for purchases of equipment of less 
than $1,000,000 and for all materials.
    (b) Standards and specifications. Substation and transmission line 
materials and equipment must meet the minimum requirements of RUS 
standards as determined in accordance with the provisions of part 1728 
of this chapter, Electric Standards and Specifications for Materials and 
Construction. The borrower must obtain RUS approval prior to purchasing 
of any unlisted substation or transmission line material or equipment of 
the types listed in accordance with the provisions of part 1728 of this 
chapter.
    (c) Procurement procedures. It is the responsibility of each 
borrower to determine the procurement method that best meets its needs 
for purchase of material and equipment to be used in substation and 
transmission line construction.
    (d) Contract approval. Contracts for purchases of substation and 
transmission line materials and equipment are not subject to RUS 
approval and need not be submitted to RUS unless specifically requested 
by RUS on a case by case basis.

[60 FR 10155, Feb. 23, 1995, as amended at 69 FR 7109, Feb. 13, 2004; 77 
FR 3072, Jan. 23, 2012]



Sec.  1726.77  Substation and transmission line construction.

    (a) Contract forms. The borrower must use RUS Form 830, Electric 
System Construction Contract--Project Construction, for construction of 
substations, except for minor modifications or improvements.
    (b) Procurement procedures. (1) It is the responsibility of each 
borrower to determine the procurement method that best meets its needs 
to award contracts in amounts of up to a cumulative total of $750,000 or 
three percent of NUP (not to exceed $6,000,000), whichever is greater, 
per calendar year of substation and transmission line construction 
(including minor modifications or improvements), exclusive of the cost 
of owner furnished materials and equipment. Borrowers may award Cost-
Plus/Hourly contracts as part of these borrower responsibility limits up 
to a cumulative total of $250,000 or one percent of NUP (not to exceed 
$2,000,000), whichever is greater, per calendar year of substation and 
transmission line construction (including minor modifications or 
improvements), exclusive of the cost of owner furnished materials and 
equipment.
    (2) The borrower shall use formal competitive bidding for all other 
contract construction unless RUS specifically approves an alternative 
method. The dollar amount of contracts bid using the formal competitive 
bidding procedure do not apply to the cumulative total stipulated in 
paragraph (b)(1) of this section.
    (3) An amendment which increases the scope of the contract by adding 
a project is not considered competitively bid, therefore, the dollar 
amount of that amendment does apply to the cumulative total stipulated 
in paragraph (b)(1) of this section.
    (c) Contract approval. Individual contracts in the amount of 
$750,000 or more or three percent of NUP (not to exceed

[[Page 196]]

$6,000,000), whichever is greater, exclusive of the cost of owner 
furnished materials and equipment, are subject to RUS approval.

[60 FR 10155, Feb. 23, 1995, as amended at 69 FR 7109, Feb. 13, 2004; 77 
FR 3072, Jan. 23, 2012; 86 FR 36198, July 9, 2021]



Sec. Sec.  1726.78-1726.124  [Reserved]



                     Subpart D_Generation Facilities



Sec.  1726.125  Generating plant facilities.

    This section covers the construction of all portions of a generating 
plant, including plant buildings and the generator step-up transformer. 
Generally, the transmission switchyard will be covered under this 
section during initial construction of the plant. Subpart C of this part 
covers subsequent modifications to transmission switchyards. Warehouses 
and equipment service type buildings are covered under subpart E of this 
part.
    (a) Contract forms. (1) The borrower shall use RUS Form 198, 
Equipment Contract, for the purchase of generating plant equipment in 
the amount of $5,000,000 or more and for any generating plant equipment 
contract requiring RUS approval.
    (2) The borrower shall use RUS Form 200, Construction Contract--
Generating, for generating project construction contracts in the amount 
of $5,000,000 or more and for any generating project construction 
contract requiring RUS approval.
    (3) The borrower may, in its discretion, use other contract forms or 
written purchase order forms for those contracts in amounts of less than 
$5,000,000 and that do not require RUS approval.
    (b) Procurement procedures. (1) It is the responsibility of each 
borrower to determine the procurement method that best meets its needs 
to award contracts in amounts of less than $5,000,000 each.
    (2) If the amount of the contract is $5,000,000 or more or if the 
contract requires RUS approval, the borrower must use formal or informal 
competitive bidding to award the contract.
    (3) Where formal or informal competitive bidding is not applicable, 
or does not result in a responsive bid, multiparty negotiation may be 
used only after RUS approval is obtained.
    (c) Contract approval. During the early stages of generating plant 
design or project design, RUS will, in consultation with the borrower 
and its consulting engineer, identify the specific contracts which 
require RUS approval based on information supplied in the plant design 
manual. The following are typical contracts for each type of generating 
project which will require RUS approval. Although engineering services 
are not covered by this part, they are listed in this paragraph (d) to 
emphasize that RUS approval is required for all major generating station 
engineering service contracts in accordance with applicable RUS rules. 
For types of projects not shown, such as nuclear and alternate energy 
projects, RUS will identify the specific contracts which will require 
RUS approval on a case by case basis.
    (1) Fossil generating stations. Engineering services, steam 
generator, turbine generator, flue gas desulfurization system, 
particulate removal system, electric wiring and control systems, 
mechanical equipment installation (including turbine installation and 
plant piping), power plant building (foundation and superstructure), 
site preparation, coal unloading and handling facilities, main step-up 
substation, cooling towers, and dams or reservoirs.
    (2) Diesel and combustion turbine plants. Engineering services, 
prime mover and generator, building (foundation and superstructure), and 
electrical control systems.
    (3) Hydro installations. Engineering services, turbine/generator, 
civil works and powerhouse construction, electrical control system, and 
mechanical installation.

[60 FR 10155, Feb. 23, 1995, as amended at 69 FR 7109, Feb. 13, 2004; 77 
FR 3072, Jan. 23, 2012]



Sec. Sec.  1726.126-1726.149  [Reserved]



                           Subpart E_Buildings



Sec.  1726.150  Headquarters buildings.

    This section includes headquarters buildings such as warehouses and

[[Page 197]]

equipment service type buildings. Generating plant buildings are covered 
under subpart D of this part.
    (a) Contract forms. The borrower must use RUS Form 257, Contract to 
Construct Buildings, for all contracts for construction of new 
headquarters facilities, and additions to, or modifications of existing 
headquarters facilities (except for minor modifications or 
improvements).
    (b) Procurement procedures. A borrower may use Multiparty Lump Sum 
Quotations to award contracts in amounts of up to a cumulative total of 
$1,500,000 or three percent of NUP (not to exceed $10,000,000), 
whichever is greater, per calendar year of headquarters construction 
(including minor modifications or improvements). The borrower shall use 
formal competitive bidding for all other headquarters contract 
construction unless RUS specifically approves an alternative method.
    (c) Contract approval. Contracts for headquarters construction are 
not subject to RUS approval and need not be submitted to RUS unless 
specifically requested by RUS on a case by case basis.

[60 FR 10155, Feb. 23, 1995, as amended at 77 FR 3072, Jan. 23, 2012; 86 
FR 36198, July 9, 2021]



Sec. Sec.  1726.151-1726.174  [Reserved]



                         Subpart F_General Plant



Sec.  1726.175  General plant materials.

    This section covers items such as office furniture and equipment; 
transportation equipment and accessories, including mobile radio 
systems, stores and shop equipment, laboratory equipment, tools and test 
equipment.
    (a) Contract forms. The borrower may, in its discretion, use RUS 
Form 198, Equipment Contract, or a written purchase order.
    (b) Procurement procedures. It is the responsibility of each 
borrower to determine the procurement method that best meets its needs 
for purchase of general plant material and equipment.
    (c) Contract approval. Contracts for the purchase of general plant 
items are not subject to RUS approval and need not be submitted to RUS 
unless specifically requested by RUS on a case by case basis.

[60 FR 10155, Feb. 23, 1995, as amended at 69 FR 7109, Feb. 13, 2004]



Sec.  1726.176  Communications and control facilities.

    This section covers the purchase of microwave, fiber, power line 
carrier, and other communications technologies or systems, including 
load control and supervisory control and data acquisition (SCADA) 
systems, automated meter reading/automated metering infrastructure (AMR/
AMI), or other smart grid technologies. Mobile radio systems are covered 
as general plant materials in Sec.  1726.175.
    (a) Power line carrier systems. Power line carrier equipment will 
frequently be purchased as part of a substation and will be included in 
the complete substation plans and specifications. When purchased in this 
manner, the requirements of subpart C of this part, Substation and 
Transmission Facilities, will apply. If obtained under a contract for 
only a power line carrier system, the requirements of paragraph (b) of 
this section apply.
    (b) Load control systems, communications systems, and SCADA 
systems--(1) Contract forms. The borrower must use RUS Form 786, 
Electric System Communication and Control Equipment Contract. This form 
may be modified to be a ``purchase only'' contract form.
    (2) Procurement procedures. (i) It is the responsibility of each 
borrower to determine the procurement method that best meets its needs 
to award contracts not requiring RUS approval in amounts of up to a 
cumulative total of $750,000 or one percent of NUP (not to exceed 
$5,000,000), whichever is greater, per calendar year of communications 
and control facilities construction (including minor modifications or 
improvements), exclusive of the cost of owner furnished materials and 
equipment.
    (ii) The borrower must use multiparty negotiation for all other 
communications and control facilities contract construction, including 
all contracts requiring RUS approval. The amount of contracts bid using 
the multiparty negotiation procedure do

[[Page 198]]

not apply to the cumulative total stipulated in paragraph (b)(2)(i) of 
this section.
    (iii) An amendment which increases the scope by adding a project is 
not considered competitively bid, therefore, the amount of that 
amendment does apply to the cumulative total stipulated in paragraph 
(b)(2)(i) of this section.
    (3) Contract approval. Individual contracts in amounts of $750,000 
or more or one percent of NUP (not to exceed $5,000,000 for all 
borrowers), whichever is greater, exclusive of the cost of owner 
furnished materials and equipment, are subject to RUS approval.

[60 FR 10155, Feb. 23, 1995, as amended at 77 FR 3072, Jan. 23, 2012; 86 
FR 36198, July 9, 2021]



Sec. Sec.  1726.177-1726.199  [Reserved]



                    Subpart G_Procurement Procedures



Sec.  1726.200  General requirements.

    The borrower must use the procedures described in this subpart where 
such procedures are required under subparts B through F of this part. 
The borrower must ensure that arrangements prior to announcement of the 
award of the contract are such that all bidders are treated fairly and 
no bidder is given an unfair advantage over other bidders.



Sec.  1726.201  Formal competitive bidding.

    Formal competitive bidding is used for distribution, transmission, 
and headquarters facilities, and may be used for generation facilities. 
The borrower must use the following procedure for formal competitive 
bidding:
    (a) Selection of qualified bidders. The borrower (acting through its 
engineer, if applicable) will compile a list of qualified bidders for 
each proposed contract. The borrower will send invitations to bid only 
to persons or organizations on its QBL for the specific project (see 
Sec.  1726.23).
    (b) Invitations to bid. The borrower (acting through its engineer, 
if applicable) is responsible for sending out invitations to prospective 
bidders, informing them of scheduled bid openings and taking any other 
action necessary to procure full, free and competitive bidding. The 
borrower should send out a sufficient number of invitations in order to 
assure adequate competition and so that at least three bids will be 
received. Subject to the foregoing criteria, the determination of how 
many and which bidders will be permitted to bid will be the 
responsibility of the borrower.
    (c) Evaluation basis. Any factors, other than lowest dollar amount 
of the bid, which are to be considered in evaluating the proposals of 
qualified bidders (e.g., power consumption, losses, etc.) must be stated 
in the ``Notice and Instructions to Bidders.'' The borrower will not 
evaluate a bidder's performance record, safety record, and similar 
factors when evaluating a bid from a qualified and invited bidder. Such 
factors are to be considered when determining whether to include a 
particular bidder on the qualified bidders list.
    (d) Handling of bids received. The borrower or the engineer, as 
applicable, will indicate, in writing, the date and time of receipt by 
the borrower or the engineer on the outside envelope of each bid and all 
letters and other transmittals amending or modifying the bids. Any bid 
received at the designated location after the time specified must be 
returned to the bidder unopened.
    (e) Bid openings. Bid openings are generally conducted by the 
engineer in the presence of bidders and a representative of the borrower 
and the borrower's attorney. Each bona fide bid must be opened publicly 
and reviewed for any irregularities, errors, or exceptions. It must be 
verified that any addendum or supplement to the specification has been 
acknowledged by the bidder. The adequacy of bid bonds or certified 
checks must be verified at this time.
    (f) Conditions affecting acceptability of bids. The borrower must 
take the following specified action if any of the following exist:
    (1) Fewer than three bona fide bids received. If fewer than three 
bona fide bids are received for the contract project, the borrower must 
determine that all reasonable measures have been taken to assure 
competition prior to

[[Page 199]]

awarding the contract. This determination must be documented and such 
documentation submitted to RUS where required by subpart A of this part. 
The borrower may, however, elect to reject all bids, make changes in the 
specification or the qualified bidders list or both and invite new bids.
    (2) Significant error or ambiguity in the specification. If a 
significant error or ambiguity in the specification is found which could 
result in the bidders having varying interpretations of the requirements 
of the bid, the borrower must either issue an addendum to each 
prospective bidder correcting the error or ambiguity before bids are 
received, or reject all bids and correct the specification. If a 
significant error or ambiguity in the specification is discovered after 
the bids are opened, the borrower must reject all bids, correct the 
specification and invite new bids.
    (3) Minor errors or omissions in the specification. If minor errors 
or omissions in the specification are found, the borrower must issue an 
addendum to each prospective bidder correcting the error or omission 
prior to opening any bids. After bid opening, the error or omission must 
be corrected in the executed contract.
    (4) Minor errors or irregularities in bid. The borrower may waive 
minor errors or irregularities in any bid, if the borrower determines 
that such minor errors or irregularities were made through inadvertence. 
Any such minor errors or irregularities so waived must be corrected on 
the bid in which they occur prior to the acceptance thereof by the 
borrower.
    (5) Non-minor error or irregularity in bid. If a bid contains a non-
minor error or irregularity, the bid must be rejected and the bid price 
must not be disclosed.
    (6) Unbalanced bid. If a bid contains disproportionate prices 
between labor and materials or between various construction units, the 
borrower may reject the bid.
    (7) No acceptable price quoted. If none of the bidders quote an 
acceptable price, the borrower may reject all bids.
    (g) Evaluating bids. The borrower (acting through the engineer, if 
applicable) must conduct the evaluation of bids on the basis of the 
criteria set out in the ``Notice and Instructions to Bidders.'' The 
contract, if awarded, must be awarded to the bidder with the lowest 
evaluated responsive bid.
    (h) Announcement of bids. If possible, the borrower will announce 
bids at the bid opening. However, where extensive evaluation is 
required, the borrower may elect to adjourn and make formal written 
announcement to all bidders at a later time. Any discrepancy in a 
rejected bid must be indicated in the bid announcement.
    (i) Award of contract. Upon completion of the bid evaluations and 
based upon the findings and recommendations of the borrower's management 
and engineer, the borrower's board of directors will either:
    (1) Resolve to award the contract to the lowest evaluated responsive 
bidder; or
    (2) Reject all bids.
    (j) Certification by the borrower and its engineer. The borrower 
shall certify and the engineer shall certify as follows: ``The 
procedures for formal competitive bidding, as described in 7 CFR 
1726.201, were followed in awarding this contract.'' The certification 
executed by and on behalf of the borrower and its engineer shall be 
submitted to RUS in writing where required by subpart A of this part.



Sec.  1726.202  Informal competitive bidding.

    Informal competitive bidding may be used for equipment purchases and 
generation construction. The borrower must use the following procedure 
for informal competitive bidding:
    (a) Selection of qualified bidders. The borrower (acting through its 
engineer, if applicable) will compile a list of qualified bidders for 
each proposed contract. The borrower will send invitations to bid only 
to persons or organizations on its qualified bidder list for the 
specific project (see Sec.  1726.23).
    (b) Invitations to bid. The borrower (acting through its engineer, 
if applicable) is responsible for sending out invitations to prospective 
bidders, informing them of scheduled bid openings and any other action 
necessary to procure full, free and competitive bidding. In any event, 
however, sufficient invitations need to be sent out to assure

[[Page 200]]

competition and that at least three bids will be received. Subject to 
the criteria in the preceding sentence, the determination of how many 
and which bidders will be permitted to bid will be the responsibility of 
the borrower.
    (c) Notice and instructions to bidders. The borrower must indicate 
in the ``Notice and Instructions to Bidders'' section of the bid 
documents that bids will be opened privately. The borrower may elect to 
conduct clarifying discussions with the bidders. If such clarifying 
discussions are held, at least the three apparent low evaluated bidders 
must be given an equal opportunity to resolve any questions related to 
the substance of the bidder's proposal and to arrive at a final price 
for a responsive bid.
    (d) Evaluation basis. Any factors, other than lowest dollar amount 
of the bid, which are to be considered in evaluating the proposals of 
qualified bidders (e.g., power consumption, losses, etc.) must be stated 
in the ``Notice and Instructions to Bidders.'' The borrower will not 
evaluate a bidder's performance record, safety record, and similar 
factors when evaluating a bid from a qualified and invited bidder. Such 
factors are to be considered when determining whether to include a 
particular bidder on the qualified bidders list.
    (e) Handling of bids received. The borrower or the engineer, as 
applicable, will indicate, in writing, the date and time of receipt by 
the borrower or the engineer on the outside envelope of each bid and all 
letters and other transmittals amending or modifying the bids. Any bid 
received at the designated location after the time specified must be 
returned to the bidder unopened.
    (f) Bid opening. The contracting committee will conduct the bid 
opening in private. The contracting committee will open each bona fide 
bid which has been received prior to the deadline, and review it for any 
irregularities, errors, or exceptions. It must be verified that any 
addendum to the specification has been acknowledged by each bidder. The 
adequacy of bid bonds or certified checks must also be verified.
    (g) Conditions affecting acceptability of bids. The borrower must 
take the following specified action if any of the following exist:
    (1) Fewer than three bona fide bids received. If fewer than three 
bona fide bids are received for the contract project, the borrower must 
determine that all reasonable measures have been taken to assure 
competition prior to awarding the contract. This determination must be 
documented and such documentation submitted to RUS where required by 
subpart A of this part. The borrower may, however, elect to reject all 
bids, make changes in the specification or the qualified bidders list or 
both and invite new bids.
    (2) Significant error or ambiguity in the specification. If a 
significant error or ambiguity in the specification is found which could 
result in the bidders having varying interpretations of the requirements 
of the bid, the borrower must either issue an addendum to each 
prospective bidder correcting the error or ambiguity before bids are 
received, or reject all bids and correct the specification. If a 
significant error or ambiguity in the specification is discovered after 
the bids are opened, the borrower must reject all bids, correct the 
specification and invite new bids.
    (h) Clarification of proposals. The contracting committee may elect 
not to hold any clarifying discussions and recommend awarding the 
contract to the low responsive bidder. Otherwise, the contracting 
committee must give at least each of the three apparent lowest evaluated 
bidders an equal opportunity to participate in discussions for the 
purpose of resolving questions regarding the specification and contract 
terms and to arrive at a final price. Neither prices of other bids nor 
relative ranking of any bidder are to be revealed under any 
circumstances. Such discussions may be held by telephone or similar 
means provided at least each of the three apparent lowest evaluated 
bidders have an equal opportunity to participate. Upon completion of the 
clarifying discussions, the contracting committee will determine the 
lowest evaluated responsive bid. If no bids are responsive after the 
contracting committee has completed clarifying discussions, no contract 
award can be made under the informal bidding procedure.

[[Page 201]]

    (i) Award of the contract. Upon completion of the bid evaluations, 
the contracting committee will promptly report all findings and 
recommendations to the borrower's board of directors. The board will 
either:
    (1) Resolve to award the contract to the lowest evaluated responsive 
bidder; or
    (2) Reject all bids.
    (j) Certifications by the contracting committee. The chairperson of 
the contracting committee shall certify as follows: ``The procedures for 
informal competitive bidding as described in 7 CFR 1726.202 were 
followed in awarding this contract.'' The certification executed by the 
chairperson of the contracting committee shall be submitted to RUS in 
writing where required by subpart A of this part.



Sec.  1726.203  Multiparty negotiation.

    Multiparty negotiation may only be used where permitted under 
subpart F of this part or where prior RUS approval has been obtained. 
The borrower must use the following procedure for multiparty 
negotiation:
    (a) Selection of qualified bidders. The borrower (acting through its 
engineer, if applicable) will compile a list of qualified bidders for 
each proposed contract. The borrower will send invitations to bid only 
to persons or organizations on its qualified bidder list for the 
specific project (see Sec.  1726.23).
    (b) Invitations to bid. The borrower (acting through its engineer, 
if applicable) is responsible for sending out invitations to prospective 
bidders, informing them of scheduled bid openings and any other action 
necessary to procure full, free and competitive bidding. In any event, 
however, sufficient invitations need to be sent out to assure 
competition and so that at least three bids will be received. Subject to 
the criteria in the preceding sentence, the determination of how many 
and which bidders will be permitted to bid will be the responsibility of 
the borrower.
    (c) Notice and instructions to bidders. The borrower must indicate 
in the ``Notice and Instructions to Bidders'' section of the bid 
documents that bids will be opened privately. The borrower may elect to 
conduct negotiations with the bidders. If such negotiations are held, at 
least the three apparent low evaluated bidders must be given an equal 
opportunity to resolve any questions related to the substance of the 
bidder's proposal and to arrive at a final price.
    (d) Evaluation basis. Any factors, other than lowest dollar amount 
of the bid, which are to be considered in evaluating the proposals of 
qualified bidders (e.g., power consumption, losses, etc.) must be stated 
in the ``Notice and Instructions to Bidders.'' The borrower will not 
evaluate a bidder's performance record, safety record, and similar 
factors when evaluating a bid from a qualified and invited bidder. Such 
factors are to be considered when determining whether to include a 
particular bidder on the qualified bidders list.
    (e) Handling of bids received. The borrower or the engineer, as 
applicable, will indicate, in writing, the date and time of receipt by 
the borrower or the engineer on the outside envelope of each bid and all 
letters and other transmittals amending or modifying the bids. Any bid 
received at the designated location after the time specified must be 
returned to the bidder unopened.
    (f) Bid opening. The contracting committee will conduct the bid 
opening in private. The contracting committee will open each bona fide 
bid which has been received prior to the deadline, and review it for any 
irregularities, errors, or exceptions. It must be verified that any 
addendum to the specification has been acknowledged by each bidder. The 
adequacy of bid bonds or certified checks must also be verified.
    (g) Conditions affecting acceptability of bids. The borrower must 
take the following specified action if any of the following exist:
    (1) Fewer than three bona fide bids received. If fewer than three 
bona fide bids are received for the contract project, the borrower must 
determine that all reasonable measures have been taken to assure 
competition prior to awarding the contract. This determination must be 
documented and such documentation submitted to RUS where required by 
subpart A of this part. The borrower may, however, elect to reject

[[Page 202]]

all bids, make changes in the specification or the qualified bidders 
list or both and invite new bids.
    (2) Significant error or ambiguity in the specification. If a 
significant error or ambiguity in the specification is found which could 
result in the bidders having varying interpretations of the requirements 
of the bid, the borrower must either issue an addendum to each 
prospective bidder correcting the error or ambiguity before bids are 
received, or reject all bids and correct the specification. If a 
significant error or ambiguity in the specification is discovered after 
the bids are opened, the borrower must reject all bids, correct the 
specification and invite new bids.
    (h) Negotiations. The contracting committee may elect not to hold 
any negotiations and recommend award of the contract. Otherwise, the 
contracting committee must give at least each of the three apparent 
lowest evaluated bidders an equal opportunity to participate in 
negotiations for the purpose of resolving questions regarding the 
specification and contract terms and to arrive at a final price. Neither 
prices of other bids nor relative ranking of any bidder are to be 
revealed under any circumstances. Such discussions may be held by 
telephone or similar means provided at least each of the three apparent 
lowest evaluated bidders have an equal opportunity to participate. Upon 
completion of the negotiations, the contracting committee will determine 
the bid that is in the borrower's best interest.
    (i) Award of the contract. Upon completion of the bid evaluations, 
the contracting committee will promptly report all findings and 
recommendations to the borrower's board of directors. The board will 
either:
    (1) Resolve to award the contract to the selected bidder; or
    (2) Reject all bids.
    (j) Certifications by the contracting committee. The chairperson of 
the contracting committee shall certify as follows: ``The procedures for 
multiparty negotiation as described in 7 CFR 1726.203 were followed in 
awarding this contract.'' The certification executed by the chairperson 
of the contracting committee shall be submitted to RUS in writing where 
required by subpart A of this part.



Sec.  1726.204  Multiparty unit price quotations.

    The borrower or its engineer must contact a sufficient number of 
suppliers or contractors to assure competition and so that at least 
three bids will be received. On the basis of written unit price 
quotations, the borrower will select the supplier or contractor based on 
the lowest evaluated cost.



Sec.  1726.205  Multiparty lump sum quotations.

    The borrower or its engineer must contact a sufficient number of 
suppliers or contractors to assure competition and so that at least 
three bids will be received. On the basis of written lump sum 
quotations, the borrower will select the supplier or contractor based on 
the lowest evaluated cost.



Sec. Sec.  1726.206-1726.249  [Reserved]



         Subpart H_Modifications to RUS Standard Contract Forms



Sec.  1726.250  General.

    RUS provides standard forms of contract for the procurement of 
materials, equipment, and construction and for contract amendments and 
various related forms for use by RUS borrowers. See Sec.  1726.304 for a 
listing of these forms and how to obtain them. The standard forms of 
contract shall be used by the borrowers in accordance with the 
provisions of this part. RUS will give prior approval to certain 
modifications to these forms without changing the applicable 
requirements for RUS approval. Such approved modifications are set forth 
in this subpart. These are the only modifications given prior RUS 
approval.

[69 FR 7109, Feb. 13, 2004]



Sec.  1726.251  Prior approved contract modification related to 
price escalation on transmission equipment, generation equipment, 
and generation construction contracts.

    (a) General. Where the borrower encounters reluctance among 
manufacturers, suppliers, and contractors to

[[Page 203]]

bid a firm price on transmission equipment or generation equipment, 
materials or construction, modifications may be made in the RUS standard 
form of contracts. These modifications, if applicable, may include, as 
an alternative to the standard form, provisions for adjusting a base 
price either upward or downward as determined by changes in specified 
indexes between the time of the bid and the time the work is performed 
or materials are procured by the contractor for such work. A large 
number of labor and materials indexes are published monthly by the 
Bureau of Labor Statistics (BLS). The borrower (acting through its 
engineer, if applicable) will select the indexes for the particular item 
to be used in the price adjustment clause. Suppliers' corporate indexes 
may not be used. Labor and materials indexes are reported in the BLS's 
monthly publications entitled ``Employment and Earnings'' and ``Producer 
Prices and Price Indexes.'' These publications may be ordered through 
the Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402, or any of the BLS regional offices.
    (b) Material and equipment contracts. The approved provisions needed 
to reflect the modifications to provide for price escalation in the 
material or equipment contract forms for generation facilities are as 
follows:
    (1) Insert new paragraphs in the Notice and Instructions to Bidders 
as follows:

    ``Proposals are invited on the basis of firm prices (or prices with 
a stated maximum percentage escalation) or on the basis of nonfirm 
prices to be adjusted as provided for below or on both bases. The owner 
may award the contract on either basis.
    Nonfirm prices. The prices are subject to adjustment upward or 
downward based on change in the Bureau of Labor Statistics labor and 
material indexes.
    A proportion of ____ percent [the borrower will enter the 
appropriate percentage amount] of the contract price shall be deemed to 
represent labor cost and shall be adjusted based on changes in the 
Bureau of Labor Statistics, Average Hourly Earnings Rate____ [the 
borrower will enter the appropriate BLS index] from the month in which 
the bids are opened to the month in which the labor is incorporated in 
the equipment or materials. The adjustment for labor costs shall be 
obtained by applying the percentage of increase or decrease in such 
index, calculated to the nearest one-tenth of one percent, to the 
percentage of the contract prices deemed to represent labor costs. A 
portion of ____ percent [the borrower will enter the appropriate 
percentage amount] of the contract price shall be deemed to represent 
material costs and shall be adjusted based on changes in the Bureau of 
Labor Statistics, material index ____ [the borrower will enter the 
appropriate BLS index] for the period and in a manner similar to the 
labor cost adjustment.''

    (2) Insert the following in the contract documents under the 
``Proposal'' section:

``Firm Price $________
Nonfirm Price $________''

    (3) For equipment that uses a large quantity of insulating oil, the 
borrower may insert the following in the contract documents under the 
``Proposal'' section:

    ``The price for insulating oil shall be adjusted upward or downward 
based on the change in the Bureau of Labor Statistics Refined Petroleum 
Rate (057) from the month in which the bids are opened to the month in 
which the oil is purchased by the equipment supplier. Contracts shall be 
evaluated based on an estimated cost of ____ cents per gallon [the 
borrower will enter the appropriate cost] for oil. Such adjustment, if 
any, shall not change the contract amount for purpose of applying any 
other adjustments to the contract prices.''

    (c) Construction contracts. The approved provisions needed to 
reflect the modifications to provide for price escalation in the 
construction contract forms for generation facilities are as follows:
    (1) Insert new paragraphs in the ``Notice and Instructions'' to 
Bidders as follows:

    ``Proposals are invited on the basis of firm prices (or prices with 
a stated maximum percentage escalation) or on the basis of nonfirm 
prices to be adjusted as provided for below or on both bases. The owner 
may award the contract on either basis.
    Nonfirm Prices--The prices are subject to adjustment upward or 
downward based on changes in the Bureau of Labor Statistics labor and 
material indexes.
    A proportion of ____ percent [the borrower will enter the 
appropriate percentage amount] of the contract price shall be deemed to 
represent shop labor costs and shall be adjusted based on changes in the 
Bureau of Labor Statistics, Average Hourly

[[Page 204]]

Earnings Rate ____ [the borrower will enter the appropriate BLS index] 
from the month in which bids are opened to the month in which the work 
is accomplished. The adjustment for shop labor costs shall be obtained 
by applying the percentage increase or decrease in such index, to the 
percentage of each partial payment deemed to represent shop labor costs. 
A portion of ____ percent [the borrower will enter the appropriate 
percentage amount] of the contract prices shall be deemed to represent 
material costs and shall be adjusted based on changes in the Bureau of 
Labor Statistics, Producer Price Index, ____ [the borrower will enter 
the appropriate BLS index] for the period and in a manner similar to the 
shop labor costs adjustment. A portion of ____ percent [the borrower 
will enter the appropriate percentage amount] of the contract price 
shall be deemed to represent field labor costs and shall be adjusted 
based on changes in the Bureau of Labor Statistics, Average Hourly 
Earnings Rate ____ [the borrower will enter the appropriate BLS index], 
for the period and in a manner similar to the shop labor costs 
adjustment.''

    (2) Insert the following in the contract documents under the 
``Proposal'' section:

``Firm Price $________
Nonfirm Price $________''



Sec.  1726.252  Prior approved contract modification related to liability 
for special and consequential damages.

    This section applies only to transmission equipment purchases and 
generation contracts. Where the borrower anticipates difficulty in 
obtaining responsive bids on RUS standard contract forms due to a lack 
of limitation with respect to special and consequential damages, and 
where the borrower believes that such a modification will encourage 
competition through the receipt of an alternative bid which limits the 
bidder's liability for special and consequential damages, the borrower 
may make the following approved phrase modifications in the RUS standard 
contract form on which the borrower solicits bids:
    (a) Insert new paragraphs in the ``Notice and Instructions to 
Bidders'' as follows:
    ``Proposals are invited on the basis of alternative Liability Clause 
Numbers 1 and 2. The Owner will determine on which Liability Clause 
basis the award will be made. Any other liability clauses in the 
proposal or any other modifications will be considered not responsive 
and unacceptable. These Liability Clauses are defined as follows:
    Liability Clause Number 1. This will include unmodified all of the 
standard terms and conditions of the form of contract furnished by the 
Owner and attached hereto.
    Liability Clause Number 2. This will include the following 
paragraph, in addition to all of the standard terms and conditions, 
otherwise unmodified, of the form of contract furnished by the Owner and 
attached hereto:

    ``Except for the Bidder's willful delay or refusal to perform the 
contract in accordance with its terms, the Bidder's liability to the 
Owner for special or consequential damages on account of breach of this 
contract shall not exceed in total an amount equal to ____ percent [the 
borrower will insert an appropriate percentage between 0 and 100 
percent, inclusive] of the contract price.''

    (b) Insert the following in the contract documents under the 
``Proposal'' section:

``Price $ (Based on Liability Clause 1)________
Price $ (Based on Liability Clause 2)________''

    (c) Insert the following in the acceptance section of the standard 
contract form:

    ``This contract is based on Liability Clause Number________.''

[60 FR 10155, Feb. 23, 1995, as amended at 69 FR 7109, Feb. 13, 2004]



Sec.  1726.253  Prior approved contract modification related to alternative 
bid provision for payment to contractor for bulk purchase of materials.

    When construction is to be performed over an extended period of 
time, but large quantities of material are to be purchased by the 
contractor at the beginning of the project (e.g., cable for URD 
installations), the borrower may allow alternative bids providing for 
payment to the contractor of 90 percent of the cost of such materials 
within 30 days of delivery of those materials at the job site. The 
borrower will retain the right to award the contract with or without the 
alternative payment provision, however, the contract still must be 
awarded on the basis of the lowest evaluated responsive bid for the 
alternative accepted.

[[Page 205]]



Sec.  1726.254  [Reserved]



Sec.  1726.255  Prior approved contract modifications 
related to indemnification.

    (a) As an alternative to the indemnification provision required in 
RUS standard construction contract forms in those jurisdictions 
requiring specific language concerning the requirement that the 
indemnitor indemnify the indemnitee for the indemnitee's own negligence, 
the borrower may add the words ``otherwise this provision shall apply to 
any alleged negligence or condition caused by the Owner'' so that the 
first paragraph reads as follows:

    ``i. To the maximum extent permitted by law, Bidder shall defend, 
indemnify, and hold harmless Owner and Owner's directors, officers, and 
employees from all claims, causes of action, losses, liabilities, and 
expenses (including reasonable attorney's fees) for personal loss, 
injury, or death to persons (including but not limited to Bidder's 
employees) and loss, damage to or destruction of Owner's property or the 
property of any other person or entity (including but not limited to 
Bidder's property) in any manner arising out of or connected with the 
Contract, or the materials or equipment supplied or services performed 
by Bidder, its subcontractors and suppliers of any tier. But nothing 
herein shall be construed as making Bidder liable for any injury, death, 
loss, damage, or destruction caused by the sole negligence of Owner, 
otherwise this provision shall apply to any negligence or condition 
caused by the Owner.''

    (b) As an alternative to the indemnification provision required in 
RUS standard construction contract forms in those jurisdictions that 
have a legal prohibition against one party indemnifying another for the 
other's negligence, the borrower may replace the words ``defend, 
indemnify, and hold harmless'' with the words `` shall pay on behalf 
of'' so that the first paragraph reads as follows:

    ``i. To the maximum extent permitted by law, Bidder shall pay on 
behalf of Owner and Owner's directors, officers, and employees from all 
claims, causes of action, losses, liabilities, and expenses (including 
reasonable attorney's fees) for personal loss, injury, or death to 
persons (including but not limited to Bidder's employees) and loss, 
damage to or destruction of Owner's property or the property of any 
other person or entity (including but not limited to Bidder's property) 
in any manner arising out of or connected with the Contract, or the 
materials or equipment supplied or services performed by Bidder, its 
subcontractors and suppliers of any tier. But nothing herein shall be 
construed as making Bidder liable for any injury, death, loss, damage, 
or destruction caused by the sole negligence of Owner, otherwise this 
provision shall apply to any negligence or condition caused by the 
Owner.''

    (c) If the alternative indemnification provision in paragraph (a) or 
(b) of this section is chosen by the borrower, the language of paragraph 
(a) or (b) of this section would be inserted in lieu of paragraph (i) of 
the section indicated in the RUS standard construction contract forms as 
follows:
    (1) RUS Form 198, Equipment Contract, article IV, section 1(d).
    (2) RUS Form 200, Construction Contract--Generating, article IV, 
section 1(d).
    (3) RUS Form 257, Contract to Construct Buildings, article IV, 
section 1(d).
    (4) RUS Form 786, Electric System Communications and Control 
Equipment Contract, article IV, section 1(d).
    (5) RUS Form 790, Electric System Construction Contract--Non-Site 
Specific Construction, article IV, section 1(g).
    (6) RUS Form 830, Electric System Construction Contract--Project 
Construction, article IV, section 1(g).

[60 FR 10155, Feb. 23, 1995, as amended at 69 FR 7110, Feb. 13, 2004]



Sec. Sec.  1726.256-1726.299  [Reserved]



                      Subpart I_RUS Standard Forms



Sec.  1726.300  Standard forms of contracts for borrowers.

    (a) General. The standard loan agreement between RUS and its 
borrowers provides that, in accordance with applicable RUS regulations 
in this chapter, the borrower shall use standard forms of contract 
promulgated by RUS for construction, procurement, engineering services, 
and architectural services financed by a loan made or guaranteed by RUS. 
(See section 5.16 of appendix A to subpart C of part 1718 of this 
chapter.) This subpart prescribes RUS procedures in promulgating 
standard contract forms and identifies those

[[Page 206]]

forms that borrowers are required to use.
    (b) Contract forms. RUS promulgates standard contract forms, 
identified in the List of Required Contract Forms, Sec.  1726.304(c), 
that borrowers are required to use in accordance with the provisions of 
this part. In addition, RUS promulgates standard contract forms 
contained in Sec.  1726.304(d) that the borrowers may but are not 
required to use in the construction of their electric systems. Borrowers 
are not required to use these guidance contract forms in the absence of 
an agreement to do so.

[63 FR 58286, Oct. 30, 1998]



Sec.  1726.301  Borrower contractual obligations.

    (a) Loan agreement. As a condition of a loan or loan guarantee under 
the Rural Electrification Act, borrowers are normally required to enter 
into RUS loan agreements pursuant to which the borrower agrees to use 
RUS standard forms of contracts for construction, procurement, 
engineering services and architectural services financed in whole or in 
part by the RUS loan. Normally, this obligation is contained in section 
5.16 of the loan contract. To comply with the provisions of the loan 
agreements as implemented by this part, borrowers must use those forms 
of contract (hereinafter sometimes called ``listed contract forms'') 
identified in the List of Required Contract Forms, Sec.  1724.304(c).
    (b) Compliance. If a borrower is required by this part or by its 
loan agreement with RUS to use a listed standard form of contract, the 
borrower shall use the listed contract form in the format available from 
RUS, either paper or electronic format. Exact electronic reproduction is 
acceptable. The approved RUS standard forms of contract shall not be 
retyped, changed, modified, or altered in any manner not specifically 
authorized in this part or approved by RUS in writing on a case-by-case 
basis. Any modifications approved by RUS on a case-by-case basis must be 
clearly shown so as to indicate the modification difference from the 
standard form of contract.
    (c) Amendment. Where a borrower has entered into a contract in the 
form required by this part, no change may be made in the terms of the 
contract, by amendment, waiver or otherwise, without the prior written 
approval of RUS.
    (d) Waiver. RUS may waive for good cause, on a case by case basis, 
the requirements imposed on a borrower pursuant to this part. Borrowers 
seeking a waiver by RUS must provide RUS with a written request 
explaining the need for the waiver. Waiver requests should be made prior 
to issuing the bid package to bidders.
    (e) Violations. A failure on the part of the borrower to use listed 
contracts as prescribed in this part is a violation of the terms of its 
loan agreement with RUS and RUS may exercise any and all remedies 
available under the terms of the agreement or otherwise.

[63 FR 58286, Oct. 30, 1998, as amended at 69 FR 7110, Feb. 13, 2004]



Sec.  1726.302  Notice and publication of listed contract forms.

    (a) Notice. Upon initially entering into a loan agreement with RUS, 
borrowers will be provided with all listed contract forms. Thereafter, 
new or revised listed contract forms promulgated by RUS, including RUS 
approved exceptions and alternatives, will be sent by regular or 
electronic mail to the address of the borrower as identified in its loan 
agreement with RUS.
    (b) Availability. Listed standard forms of contract are available 
from: Rural Utilities Service, Program Development and Regulatory 
Analysis, U.S. Department of Agriculture, Stop 1522, 1400 Independence 
Avenue, SW., Washington DC 20250-1522, telephone number (202) 720-8674. 
The listed standard forms of contract are also available on the RUS Web 
site at: http://www.usda.gov/rus/electric/forms/index.htm. The listed 
standard forms of contract can be found in Sec.  1724.304(c), List of 
Required Contract Forms.

[63 FR 58287, Oct. 30, 1998, as amended at 69 FR 7110, Feb. 13, 2004]



Sec.  1726.303  Promulgation of new or revised contract forms.

    RUS may, from time to time, undertake to promulgate new contract 
forms or revise or eliminate existing contract forms. In so doing, RUS 
shall publish notice of rulemaking in the Federal Register announcing, 
as appropriate, a

[[Page 207]]

revision in, or a proposal to amend Sec.  1726.304, List of Electric 
Program Standard Contract Forms. The amendment may change the existing 
identification of a listed contract form; for example, changing the 
issuance date of a listed contract form or by identifying a new required 
contract form. The notice of rulemaking will describe the new standard 
contract form or the substantive change in the listed contract form, as 
the case may be, and the issues involved. The standard contract form or 
relevant portions thereof may be appended to the supplementary 
information section of the notice of rulemaking. As appropriate, the 
document shall provide an opportunity for interested persons to provide 
comments. A copy of each such Federal Register document will be sent by 
regular or electronic mail to all borrowers.

[63 FR 58287, Oct. 30, 1998]



Sec.  1726.304  List of electric program standard contract forms.

    (a) General. This section contains a list of RUS electric program 
standard contract forms. Paragraph (c) of this section contains the list 
of required contract forms, i.e., those forms of contracts that 
borrowers are required to use by the terms of their RUS loan agreements 
as implemented by the provisions of this part. Paragraph (d) of this 
section sets forth the list of guidance contract forms, i.e., those 
forms of contracts provided as guidance to borrowers in the construction 
of their systems. See Sec.  1726.302(b) for availability of these forms.
    (b) Issuance date. Where required by this part to use a standard 
form of contract in connection with RUS financing, the borrower shall 
use that form identified by issuance date in the List of Required 
Contract Forms in paragraph (c) of this section, as most recently 
published as of the date the borrower issues the bid package to bidders.
    (c) List of required contract forms.
    (1) RUS Form 168b, Rev. 2-04, Contractor's Bond. This form is used 
to obtain a surety bond and is used with RUS Forms 200, 257, 786, 790, 
and 830.
    (2) RUS Form 168c, Rev. 2-04, Contractor's Bond (less than $1 
million). This form is used in lieu of RUS Form 168b to obtain a surety 
bond when contractor's surety has accepted a Small Business 
Administration guarantee.
    (3) RUS Form 187, Rev. 2-04, Certificate of Completion, Contract 
Construction. This form is used for the closeout of RUS Forms 200, 257, 
786, and 830.
    (4) RUS Form 198, Rev. 4-04, Equipment Contract. This form is used 
for equipment purchases.
    (5) RUS Form 200, Rev. 2-04, Construction Contract--Generating. This 
form is used for generating plant construction or for the furnishing and 
installation of major items of equipment.
    (6) RUS Form 213, Rev. 2-04, Certificate (``Buy American''). This 
form is used to document compliance with the ``Buy American'' 
requirement.
    (7) RUS Form 224, Rev. 2-04, Waiver and Release of Lien. This form 
is used for the closeout of RUS Forms 198, 200, 257, 786, 790, and 830.
    (8) RUS Form 231, Rev. 2-04, Certificate of Contractor. This form is 
used for the closeout of RUS Forms 198, 200, 257, 786, 790, and 830.
    (9) RUS Form 238, Rev. 2-04, Construction or Equipment Contract 
Amendment. This form is used for amendments.
    (10) RUS Form 254, Rev. 2-04, Construction Inventory. This form is 
used for the closeout of RUS Form 830. Minor electronic modifications 
are acceptable for RUS Form 254.
    (11) RUS Form 257, Rev. 2-04, Contract to Construct Buildings. This 
form is used to construct headquarters buildings and other structure 
construction.
    (12) RUS Form 307, Rev. 2-04, Bid Bond. This form is used to obtain 
a bid bond.
    (13) RUS Form 786, Rev. 2-04, Electric System Communications and 
Control Equipment Contract (including installation). This form is used 
for delivery and installation of equipment for system communications.
    (14) RUS Form 790, Rev. 2-04, Electric System Construction 
Contract--Non-Site Specific Construction. This form is used for limited 
distribution construction accounted for under work order procedure.
    (15) RUS Form 792b, Rev. 2-04, Certificate of Construction and 
Indemnity

[[Page 208]]

Agreement. This form is used for the closeout of RUS Form 790.
    (16) RUS Form 830, Rev. 2-04, Electric System Construction 
Contract--Project Construction. This form is used for distribution and 
transmission line project construction.
    (d) List of guidance contract forms. RUS does not currently publish 
any guidance forms for electric borrowers.

[63 FR 58287, Oct. 30, 1998, as amended at 69 FR 7110, Feb. 13, 2004; 69 
FR 52595, Aug. 27, 2004]



Sec. Sec.  1726.305-1726.399  [Reserved]



                       Subpart J_Contract Closeout



Sec.  1726.400  Final contract amendment.

    As needed, a final contract amendment will be prepared and processed 
in accordance with Sec.  1726.24(b) prior to or in conjunction with the 
closeout of the contract.



Sec.  1726.401  Material contract closeout.

    (a) Delivery inspection. The borrower (acting through its engineer, 
if applicable) will verify that all materials are delivered in proper 
quantities, in good condition, and in compliance with applicable 
specifications.
    (b) Closeout documents. The borrower (acting through its engineer, 
if applicable) will obtain from the supplier a ``Buy American'' 
certificate, RUS Form 213, any manufacturer's guarantee(s) and, if 
applicable, a copy of RUS Form 224, Waiver and Release of Lien. Closeout 
documents for materials contracts need not be submitted to RUS unless 
specifically requested by RUS on a case by case basis.
    (c) Final payment. Upon completion of the actions required under 
paragraphs (a) and (b) of this section, the borrower shall make final 
payment to the supplier in accordance with the provisions of the 
material contract or written purchase order.

[60 FR 10155, Feb. 23, 1995, as amended at 69 FR 7110, Feb. 13, 2004]



Sec.  1726.402  Equipment contract closeout.

    This section is applicable to contracts executed on RUS Form 198.
    (a) Final inspection and testing of equipment. The borrower (acting 
through its engineer, if applicable) will perform the final inspection 
and testing of equipment as appropriate for the specific equipment. The 
borrower (acting through its engineer, if applicable) will schedule such 
inspection and testing at a time mutually agreeable to the borrower, 
engineer, and the supplier or manufacturer. Within thirty (30) days 
after completion of the inspection and testing, the borrower (acting 
through its engineer, if applicable) will prepare a report of the 
inspection and testing, obtain a copy of the report from the engineer, 
and submit a copy to the supplier or manufacturer. This report must 
include a detailed description of the methods of conducting the test(s), 
observed data, comparison of guaranteed and actual performance, and 
recommendations concerning acceptance. The borrower will obtain from the 
engineer a written certification stating that the equipment has been 
installed, placed in satisfactory operation and tested, and meets the 
contract requirements. Where more than one-hundred and eighty (180) days 
have elapsed since the delivery of the equipment and the equipment has 
not been installed or tested, the contract may be closed out upon 
certification by the engineer that the equipment has been inspected and 
appears to be in accordance with the contract requirements.
    (b) Closeout documents. (1) The borrower (acting through its 
engineer, if applicable) will obtain the following executed documents:
    (i) Certification by the project engineer in accordance with 
paragraph (a) of this section.
    (ii) All guarantees or warranties.
    (iii) A ``Buy American'' certificate, RUS Form 213, from the 
supplier or manufacturer.
    (2) Closeout documents for materials contracts need not be submitted 
to RUS unless specifically requested by RUS.
    (c) Final payment. Upon completion of the actions required under 
paragraphs (a) and (b) of this section, the borrower will make final 
payment to the supplier or manufacturer in accordance with the 
provisions of the equipment contract.

[[Page 209]]



Sec.  1726.403  Project construction contract closeout.

    This section is applicable to contracts executed on RUS Forms 200, 
257, 786, and 830.
    (a) Final test of equipment supplied under a construction contract. 
If equipment is supplied under a construction contract, the borrower 
(acting through its architect or engineer, if applicable) will perform 
the final inspection and testing of equipment as appropriate for the 
specific equipment. The borrower (acting through its architect or 
engineer, if applicable) will schedule such inspection and testing at a 
time mutually agreeable to the borrower, architect or engineer, and the 
contractor. Within thirty (30) days after completion of the inspection 
and testing, the borrower (acting through its architect or engineer, if 
applicable) will prepare a report of the inspection and testing, obtain 
a copy of the report from its architect or engineer, and submit a copy 
to the contractor. This report must include a detailed description of 
the methods of conducting the test(s), observed data, comparison of 
guaranteed and actual performance, and recommendations concerning 
acceptance. The borrower will obtain from its architect or engineer a 
written certification stating that the equipment has been installed, 
placed in satisfactory operation and tested, and meets the contract 
requirements. Where more than one-hundred and eighty (180) days have 
elapsed since the delivery of the equipment and the equipment has not 
been installed or tested, the contract may be closed out upon 
certification by its architect or engineer that the equipment has been 
inspected and appears to be in accordance with the contract 
requirements.
    (b) Final inspection of construction. The borrower will require the 
contractor to notify the architect or engineer when construction is 
complete. The borrower (acting through the architect or engineer, if 
applicable) will schedule such final inspection at a time mutually 
agreeable to the borrower, architect or engineer, contractor, and the 
respective RUS General Field Representative (GFR), if the GFR has 
notified the borrower or its architect or engineer of a desire to 
observe the final inspection. The borrower (acting through its architect 
or engineer, if applicable) will perform a final inspection of the 
construction and notify the contractor of any required changes or 
corrections.
    (c) Closeout documents. (1) Upon satisfactory completion of 
construction (including all changes and corrections by the contractor), 
the borrower (acting through its architect or engineer, if applicable) 
will obtain executed copies of the following documents:
    (i) RUS Form 187, Certificate of Completion, Contract Construction.
    (ii) RUS Form 213, ``Buy American'' certificate.
    (iii) RUS Form 224, Waiver and Release of Lien, from each 
manufacturer, supplier, and contractor which has furnished material or 
services or both in connection with the construction.
    (iv) RUS Form 231, Certificate of Contractor.
    (v) RUS Form 254, Construction Inventory, including all supporting 
documents, such as RUS Forms 254a-c, construction change orders, and 
amendments for contracts executed on RUS Form 830.
    (vi) Certification by the project architect or engineer in 
accordance with Sec.  1726.403(a), if applicable.
    (vii) Final design documents, as outlined in part 1724 of this 
chapter.
    (2) Distribution of closeout documents. (i) The borrower will retain 
one copy of each of the documents identified in paragraph (c)(1) of this 
section in accordance with applicable RUS requirements regarding 
retention of records.
    (ii) For contracts subject to RUS approval, the borrower will submit 
either a certification or the following closeout documents for RUS 
approval:
    (A) RUS Form 187, Certificate of Completion, Contract Construction.
    (B) RUS Form 231, Certificate of Contractor.
    (C) RUS Form 254, Construction Inventory, including all supporting 
documents, such as RUS Forms 254a-c and construction change orders, for 
contracts executed on RUS Form 830.
    (iii) For contracts not subject to RUS approval, the closeout is not 
subject to RUS approval. The borrower will send one copy of RUS Form 187 
to RUS for information prior to or in conjunction

[[Page 210]]

with the applicable RUS Form 219, Inventory of Work Orders. The 
remaining closeout documents need not be sent to RUS unless specifically 
requested by RUS.
    (d) Final payment. (1) The borrower will make final payment to the 
contractor upon completion of approval of all closeout documents by the 
parties to the contract, in accordance with the terms of the 
construction contract.
    (2)(i) Upon receipt of final payment by the contractor, the borrower 
will obtain from the contractor a certification of receipt of final 
payment in the following form:

    ``The undersigned acknowledges receipt of the final contract payment 
of $____ as satisfaction in full of all claims of the undersigned under 
the construction contract between the undersigned and ____ (borrower), 
dated as amended, and as complete performance by the latter of all 
obligations to be performed by it pursuant thereto. The total amount 
received under this contract is shown above.''

    (ii) The certification in paragraph (d)(2)(i) of this section is to 
be executed for the contractor by: The sole owner, a partner, or an 
officer of the corporation.

[60 FR 10155, Feb. 23, 1995, as amended at 69 FR 7110, Feb. 13, 2004; 84 
FR 32618, July 9, 2019; 86 FR 36198, July 9, 2021]



Sec.  1726.404  Non-site specific construction contract closeout.

    This section is applicable to contracts executed on RUS Form 790.
    (a) Final test of equipment supplied under a construction contract. 
If equipment is supplied under a construction contract, the borrower 
(acting through its engineer, if applicable) will perform the final 
inspection and testing of equipment as appropriate for the specific 
equipment. The borrower (acting through its engineer, if applicable) 
will schedule such inspection and testing at a time mutually agreeable 
to the borrower, its engineer, and the contractor. Within thirty (30) 
days after completion of the inspection and testing, the borrower 
(acting through its engineer, if applicable) will prepare a report of 
the inspection and testing, obtain a copy of the report from its 
engineer, and submit a copy to the contractor. This report must include 
a detailed description of the methods of conducting the test(s), 
observed data, comparison of guaranteed and actual performance, and 
recommendations concerning acceptance. The borrower will obtain from the 
engineer a written certification stating that the equipment has been 
installed, placed in satisfactory operation and tested, and meets the 
contract requirements. Where more than one-hundred and eighty (180) days 
have elapsed since the delivery of the equipment and the equipment has 
not been installed or tested, the contract may be closed out upon 
certification by the engineer that the equipment has been inspected and 
appears to be in accordance with the contract requirements.
    (b) Final inspection of construction. The borrower will require the 
contractor to notify its engineer when construction of a section of the 
project is complete. The borrower (acting through its engineer, if 
applicable) will schedule such final inspection at a time mutually 
agreeable to the borrower, its engineer, contractor, and the respective 
GFR, if the GFR has notified the borrower or its engineer of a desire to 
observe the final inspection. The borrower (acting through its engineer, 
if applicable) will perform a final inspection of the construction of 
that section of the project and notify the contractor of any required 
changes or corrections.
    (c) Closeout documents. (1) Upon satisfactory completion of 
construction of a section of the project (including all changes and 
corrections by the contractor), the borrower (acting through its 
engineer, if applicable) will obtain executed copies of the following 
documents:
    (i) RUS Form 792b, Certificate of Contractor and Indemnity Agreement
    (ii) RUS Form 213, ``Buy American'' certificate.
    (iii) Certification by the project engineer in accordance with 
paragraph (a) of this section, if applicable.
    (iv) Final design documents, as outlined in part 1724 of this 
chapter.
    (2) Distribution of closeout documents. (i) The borrower will retain 
one copy of each of the documents identified in

[[Page 211]]

paragraph (c)(1) of this section in accordance with applicable RUS 
requirements regarding retention of records.
    (ii) For contracts not subject to RUS approval, the closeout is not 
subject to RUS approval and the closeout documents need not be sent to 
RUS unless specifically requested by RUS.

[60 FR 10155, Feb. 23, 1995, as amended at 69 FR 7111, Feb. 13, 2004]



Sec.  1726.405  Inventory of work orders (RUS Form 219).

    Upon completion of the contract closeout, the borrower shall 
complete RUS Form 219, Inventory of Work Orders, in accordance with part 
1717, Post-Loan Policies and Procedures Common to Insured and Guaranteed 
Electric Loans, of this chapter.



PART 1728_ELECTRIC STANDARDS AND SPECIFICATIONS FOR MATERIALS 
AND CONSTRUCTION--Table of Contents



Sec.
1728.10 General purpose and scope.
1728.20 Establishment of standards and specifications.
1728.30 Inclusion of an item for listing or technical acceptance.
1728.40 Procedure for submission of a proposal.
1728.50 Removal of an item from listing or technical acceptance.
1728.60 List of materials and equipment.
1728.70 Procurement of materials.
1728.97 Incorporation by reference of electric standards and 
          specifications.
1728.98 Electric standards and specifications.
1728.201 Bulletin 1728H-701, Specification for Wood Crossarms (Solid and 
          Laminated), Transmission Timbers and Pole Keys.
1728.202 Bulletin 1728H-702, Specification for Quality Control and 
          Inspection of Timber Products.
1728.203 Inspector's qualifications.
1728.204 Electric standards and specifications for materials and 
          construction.

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

    Source: 48 FR 31853, July 12, 1983, unless otherwise noted. 
Redesignated at 55 FR 39395, Sept. 27, 1990.



Sec.  1728.10  General purpose and scope.

    (a) The requirements of this part are based on contractual 
provisions between RUS and the organizations which receive financial 
assistance from RUS.
    (b) RUS will establish certain specifications and standards for 
materials, equipment, and construction units that will be acceptable for 
RUS financial assistance for the electric program. Materials and 
equipment purchased by the electric borrowers or accepted as contractor-
furnished material must conform to RUS standards and specifications 
where they have been established and, if included in RUS Bulletin 43-5, 
``List of Materials Acceptable for Use on Systems of RUS Electrification 
Borrowers'' (List of Materials), must be selected from that list or must 
have received technical acceptance from RUS. RUS, through its Technical 
Standards Committees, will evaluate certain materials, equipment and 
construction units, and will determine acceptance.

[50 FR 47710, Nov. 20, 1985. Redesignated at 55 FR 39395, Sept. 27, 
1990]



Sec.  1728.20  Establishment of standards and specifications.

    (a) National and other standards. RUS will utilize standards of 
national standardizing groups, such as the American National Standards 
Institute (ANSI), American Wood Preservers' Association (AWPA), the 
various national engineering societies and the National Electrical 
Safety Code (NESC), to the greatest extent practical. When there are no 
national standards or when RUS determines that the existing national 
standards are not adequate for rural electric systems, RUS will prepare 
standards for material and equipment to be used on systems of electric 
borrowers. RUS standards and specifications will be codified or listed 
in Sec.  1728.97, Incorporation by Reference of Electric Standards and 
Specifications. RUS will also prepare specifications for materials and 
equipment when it determines that such specifications will result in 
reduced costs, improved materials and equipment, or in the more 
effective use of engineering services.
    (b) Deviations from Standards. No member of the RUS staff will be 
permitted to authorize deviations from the standard specifications, or 
to establish or change the technical standards, or to authorize the use 
of items that have not received acceptance by

[[Page 212]]

the Technical Standards Committees, except as provided for under Sec.  
1728.70, or by authorization and/or delegation of authority by the 
Administrator of RUS.
    (c) Category of Items. Items appearing in the List of Materials are 
listed by categories of generic items which are used in RUS construction 
standards incorporated by reference in Sec.  1728.97. RUS will establish 
and define these categories and will establish all criteria for 
acceptability within these categories.

[50 FR 47710, Nov. 20, 1985. Redesignated at 55 FR 39395, Sept. 27, 
1990, as amended at 55 FR 53487, Dec. 31, 1990]



Sec.  1728.30  Inclusion of an item for listing or technical acceptance.

    (a) Scope. RUS, through its Technical Standards Committees ``A'' and 
``B'' will determine the acceptability of certain standards, standard 
specifications, standard drawings, and items of materials and equipment 
to be used in transmission, distribution and general plant (excluding 
office equipment, tools, and work equipment, and consumer-owned electric 
wiring facilities).
    (b) Addresses of Committees. The address of Technical Standards 
Committee ``A'' is: Chairman, Technical Standards Committee ``A'' 
(Electric), Rural Utilities Service, U.S. Department of Agriculture, 
Washington, DC 20250-1500. The address of Technical Standards Committee 
``B'' is: Chairman, Technical Standards Committee ``B'' (Electric), 
Rural Utilities Service, U.S. Department of Agriculture, Washington, DC 
20250-1500.
    (c) Review by Technical Standards Committee ``A''. All proposals for 
listing a product in the List of Materials must be addressed to 
Technical Standards Committee ``A.'' This committee will consider all 
proposals made by sponsors of specifications, drawings, materials, or 
equipment in categories for which RUS has established criteria for 
acceptability. A sponsor may be a manufacturer, supplier, contractor or 
any other person or organization which has made an application for 
listing or has requested an action by the committee. Committee ``A'' 
will consider all relevant information presented in determining whether 
an item should be accepted by Technical Standards Committee ``A.'' 
Formal rules of evidence and procedure shall not apply to proceedings 
before this committee.
    (d) Action by Technical Standards Committee ``A''. (1) Committee 
``A'' may take one of the following actions:
    (i) Accept an item for listing without conditions (domestic items 
only),
    (ii) Reject an item (domestic or nondomestic), \1\
---------------------------------------------------------------------------

    \1\ Nondomestic items are items which do not qualify as domestic 
products pursuant to RUS ``Buy American'' requirement.
---------------------------------------------------------------------------

    (iii) Accept an item for listing with conditions (domestic items 
only),
    (iv) Table an item for a time period sufficient to allow the sponsor 
to be notified and furnish additional information (domestic or 
nondomestic),
    (v) Grant technical acceptance with or without conditions for a 
period of one year from the date of notification by RUS (nondomestic 
items only).
    (2) All committee decisions regarding the actions listed above must 
be unanimous. If the vote is not unanimous, the item shall be referred 
to Technical Standards Committee ``B.'' Written notice of Technical 
Standards Committee ``A's'' decision, stating the basis for the 
decision, will be provided to the sponsor.
    (3) Items accepted without conditions by the Technical Standards 
Committees will be considered to be accepted on a general basis. No 
restrictions as to quantity or application will be placed on items which 
have received general acceptance. Items accepted subject to certain 
conditions, such as limited use to gain service experience, or limited 
use appropriate to certain areas and conditions, will be considered to 
be accepted on a conditional basis. The conditions will be cited as a 
part of the listing provided for in Sec.  1728.60, or as part of the 
technical acceptance for nondomestic items.
    (e) Appeal to Technical Standards Committee ``B''. A sponsor may 
request a review of an adverse decision by Technical Standards Committee 
``A'' within ten (10) days of notification of such decision by 
submitting a letter requesting such review to Technical Standards 
Committee ``B'' (Electric).

[[Page 213]]

    (f) Action by Technical Standards Committee ``B''. Committee ``B'' 
may take any of the actions listed for Committee ``A'' in Sec.  
1728.30(d). However, for a Committee ``B'' action to be effective it 
must be by majority vote. Failure to obtain a majority on one of the 
proposed actions shall mean that the product will not be listed or 
accepted. Committee ``B's'' determination shall be based on the record 
developed before Committee ``A'' and such additional information as 
Committee ``B'' may request. Formal rules of procedure and evidence 
shall not apply to proceedings before Committee ``B.'' Written notice of 
Committee ``B's'' decision, stating the basis of the decision, will be 
provided to the sponsor.
    (g) Appeal to the Administrator. In the event of an adverse decision 
by Committee ``B,'' the sponsor may, within ten (10) days of 
notification of such decision, request a review of this decision by 
submitting a letter to the Administrator requesting such a review.
    (h) Change in Design. RUS acceptance of an item will be conditioned 
on the understanding that no design changes (material or dimensions) 
affecting the quality, strength, or electrical characteristics of the 
item shall be made without prior concurrence of Technical Standards 
Committee ``A.''

[50 FR 47711, Nov. 20, 1985. Redesignated at 55 FR 39395, Sept. 27, 
1990]



Sec.  1728.40  Procedure for submission of a proposal.

    (a) Written Request. Consideration of an item of material or 
equipment will be obtained by the sponsor through the submission of a 
written request in an original and five copies addressed to the 
Chairman, Technical Standards Committee ``A'' (Electric). The letter 
must include the catalog number or other identifying number or code as 
well as a description of the item. In the event that an item being 
submitted is also intended for consideration by Technical Standards 
Committee ``A'' (Telephone), a separate request must be made to the 
telephone committee. (See part 1755 of this chapter).
    (b) Technical and Performance Data. Six copies of the specification 
of manufacture, drawings and test data must be submitted to the 
committee. Six copies of the performance history shall also be submitted 
unless RUS determines that such performance history is not reasonably 
available.
    (c) Sample. One sample of the item must be submitted to the 
Chairman, Technical Standards Committee ``A,'' unless RUS waives the 
requirements of the sample. In case of large, bulky or extremely heavy 
samples, the sponsor should contact the Chairman, Technical Standards 
Committee ``A'' (Electric), at the above address, before any sample is 
shipped.
    (d) Action on Proposal. RUS will inform a sponsor of the action 
taken on the sponsor's proposal.

[50 FR 47711, Nov. 20, 1985. Redesignated at 55 FR 39395, Sept. 27, 
1990]



Sec.  1728.50  Removal of an item from listing or technical acceptance.

    (a) Removal Actions. An item of material or equipment may be removed 
from the listing or technical acceptance in accordance with the 
following procedures upon determination that the item is unsatisfactory 
or has been misrepresented to the owner or RUS.
    (b) Notification by the Committee. The sponsor of an item of 
material or equipment will be notified in writing of a proposal to 
remove such item from the listing or technical acceptance.
    (c) Supplemental Information. Within ten (10) days of receipt of 
such notification, the sponsor may submit to Committee ``A'' a letter 
expressing the sponsor's intent to submit written supplemental technical 
information relevant to Committee ``A's'' determination. The sponsor 
must submit such information within twenty (20) days from the submission 
of its letter to Committee ``A.'' Committee ``A'' will have the 
discretion of making a decision following the expiration of the time 
periods provided in this paragraph.
    (d) Review by the Technical Standards Committee ``A''. Committee 
``A'' will consider all relevant information presented in determining 
whether an item should be removed from the listing or technical 
acceptance. Formal rules of evidence and procedure shall not apply to 
proceedings before Technical Standards Committee ``A.''

[[Page 214]]

    (e) Action by the Technical Standards Committee ``A''. Committee 
``A'' may take one of the following actions:
    (1) Order the immediate removal of the item from the listing, or 
technical acceptance,
    (2) Condition the item's continued listing, or technical acceptance,
    (3) Recommend a basis of settlement which will adequately protect 
the interest of the Government, or
    (4) Delay the effectiveness of its decision for a time period 
sufficient to allow the sponsor to appeal to Technical Standards 
Committee ``B.''

All committee ``A'' decisions regarding the actions listed above must be 
by unanimous vote. If the vote is not unanimous, the item will be 
referred to Technical Standards Committee ``B.''

Written notice of Technical Standards Committee ``A's'' decision, 
stating the basis for the decision, will be provided to the sponsor.
    (f) Additional Opportunity to Present Information. At the request of 
the sponsor, RUS may afford additional opportunity for consideration of 
relevant information. Such additional opportunity may include, without 
limitation, a meeting between RUS and the sponsor in such a forum that 
RUS may determine. In making this decision, RUS will consider, among 
other things, the best interests of RUS, its borrowers, and the sponsor, 
and the best manner to develop sufficient information relating to the 
proposed action.
    (g) Appeal to the Technical Standards Committee ``B''. Within ten 
(10) days of notification of Committee ``A's'' decision, a sponsor may 
appeal in writing to Technical Standards Committee ``B'' to review 
Committee ``A's'' decision, specifying the reasons for such a request. 
Committee ``B's'' determination, in response to such request, shall be 
based on the record developed before Committee ``A'' and such additional 
information as Committee ``B'' may request. Formal rules of procedure 
and evidence shall not apply to proceedings before Committee ``B.''
    (h) Action by Technical Standards Committee ``B''. Committee ``B,'' 
by majority vote, may take one of the following actions:
    (1) Order the immediate removal of the item from listing, or 
technical acceptance,
    (2) Condition the item's continued listing, or technical acceptance,
    (3) Recommend a basis of settlement which adequately protects the 
interests of the Government, or
    (4) Delay the effectiveness of its decision for a time period 
sufficient to allow the sponsor to appeal to the Administrator of RUS.

Failure to obtain a majority vote on any of the above actions shall mean 
that the product will continue to be listed or accepted.

Written notice of Committee ``B's'' decision stating the basis of the 
decision will be provided to the sponsor.
    (i) Appeal to the Administrator. Within ten (10) days of the receipt 
of Committee ``B's'' decision, a sponsor may appeal to the Administrator 
to review Committee ``B's'' decision. If an appeal is made, the sponsor 
shall submit a written request to the Administrator, Rural Utilities 
Service, Room 4053, South Building, U.S. Department of Agriculture, 
Washington, DC 20250-1500 specifying the reasons to request 
reconsideration. The Administrator will have the option to decline the 
request, in which case the decision of Committee ``B'' shall stand. If a 
review is granted, the determination by the Administrator or the 
Administrator's designee shall be based on the record developed before 
Committee ``A'' and Committee ``B'' and such additional information as 
the Administrator may request. Formal rules of procedure and evidence 
shall not apply to the actions of the Administrator.
    (j) Action by the Administrator. The Administrator may take one of 
the following actions:
    (1) Order the immediate removal of the item from the listing, or 
technical acceptance,
    (2) Condition its continued listing, or technical acceptance, or
    (3) Recommend a basis of settlement which adequately protects the 
interests of the Government.

Written notice of the Administrator's determination, stating the basis 
for the decision, will be provided to the sponsor.

[[Page 215]]


The Administrator's actions are final.

[50 FR 47711, Nov. 20, 1985. Redesignated at 55 FR 39395, Sept. 27, 
1990]



Sec.  1728.60  List of materials and equipment.

    (a) General. Those items of material or equipment accepted by 
Technical Standards Committee ``A'' or ``B,'' with the exception of 
technically accepted nondomestic items, will be listed in the List of 
Materials. Items which do not qualify as domestic products may be 
accepted on a technical basis only (technical acceptance) for a period 
of one year as provided in Sec.  1728.30(c)(1) and will not be included 
in the List of Materials.
    (b) Publishing and Revisions. RUS will reissue the List of Materials 
every year, dated July, and issue supplements, if needed, dated October, 
January, and April of every year. An RUS office copy, which is the 
official current copy, of the List of Materials, will be updated every 
time changes are made by the Technical Standards Committees.
    (c) Dual Listings. RUS, through its Technical Standards Committees, 
will accept for listing only one item of a particular type of material 
or equipment for each manufacturer. If a manufacturer submits an item to 
perform the identical function of a listed item, RUS, through its 
Technical Standards Committees, may accept that item and remove the one 
previously listed. RUS will list only new items of material and 
equipment in the List of Materials. Used items will not be considered 
for listing.

[50 FR 47712, Nov. 20, 1985. Redesignated at 55 FR 39395, Sept. 27, 
1990]



Sec.  1728.70  Procurement of materials.

    (a) By Owner. When purchasing the type of materials included in the 
List of Materials, RUS borrowers shall purchase only materials listed in 
the List of Materials, or materials which have a current technical 
acceptance by RUS and meet the ``Buy American'' requirement.
    (b) By Contractor. When performing work for an RUS borrower, 
contractors shall supply only items from the general acceptance pages of 
the List of Materials, or obtain the borrower's concurrence prior to 
purchase and use of a technically nondomestic item or any item listed on 
a conditional basis.
    (c) Procurement of Unlisted Items. (1) The borrower shall request 
prior approval from RUS for use of an item that does not fall in 
categories established by RUS in the List of Materials for which 
acceptability has been established by the Technical Standards 
Committees.
    (2) RUS will also determine, on a case-by-case basis, whether to 
allow use of an unlisted item in emergency situations and for 
experimental use or to meet a specific need. For purposes of this part 
1728, an emergency shall mean a situation wherein the supply of listed 
material and equipment from the industry is not readily available, or 
the standard designs are not applicable to the borrower's specific 
problem under consideration.
    (3) RUS will make arrangements for test or experimental use of newly 
developed items requiring limited trial use. RUS, working with the 
borrower and the manufacturer, will establish test locations for the 
items to facilitate installation and observation.

[50 FR 47712, Nov. 20, 1985. Redesignated at 55 FR 39395, Sept. 27, 
1990]



Sec.  1728.97  Incorporation by reference of electric standards 
and specifications.

    Certain material is incorporated by reference into this part with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. All approved material is available for 
inspection at the Rural Utilities Service, U.S. Department of 
Agriculture, Room 5170-S, Washington, DC 20250-1522, call (202) 720-8674 
and is available from the sources listed in this section. It is also 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected] or go to 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (a) Rural Utilities Service, U.S. Department of Agriculture, Room 
5170-S-S, U.S. Department of Agriculture, Washington, DC 20250. For 
information on the availability of this material,

[[Page 216]]

call (202) 720-8674 or go to: https://www.rd.usda.gov/publications/
regulations-guidelines/bulletins.
    (1) Bulletin 50-4 (D-801), Specification and Drawings for 34.5/19.9 
kV Distribution Line Construction (11-86), incorporation approved for 
Sec.  1728.98.
    (2) Bulletin 50-15 (DT-3), RUS Specifications for Pole Top Pins with 
1\3/8\[min] Diameter Lead Thread (1-51), incorporation approved for 
Sec.  1728.98.
    (3) Bulletin 50-16 (DT-4), RUS Specifications for Angle Suspension 
Brackets (3-52), incorporation approved for Sec.  1728.98.
    (4) Bulletin 50-19 (DT-7), RUS Specifications for Clevis Bolts (8-
53), incorporation approved for Sec.  1728.98.
    (5) Bulletin 50-23 (DT-18), RUS Specifications for 60 
Wood Crossarm Braces (2-71), incorporation approved for Sec.  1728.98.
    (6) Bulletin 50-31 (D-3), RUS Specifications for Pole Top Pins with 
1'' Diameter Lead Threads (2-79), incorporation approved for Sec.  
1728.98.
    (7) Bulletin 50-32 (D-4), RUS Specifications for Steel Crossarm 
Mounted Pins with 1 Diameter Lead Threads (10-50), 
incorporation approved for Sec.  1728.98.
    (8) Bulletin 50-33 (D-5), RUS Specifications for Single and Double 
Upset Spool Bolts (2-51), incorporation approved for Sec.  1728.98.
    (9) Bulletin 50-34 (D-6), RUS Specifications for Secondary Swinging 
Clevises (12-70), incorporation approved for Sec.  1728.98.
    (10) Bulletin 50-35 (D-7), RUS Specifications for Service Swinging 
Clevises (9-52), incorporation approved for Sec.  1728.98.
    (11) Bulletin 50-36 (D-8), RUS Specifications for Service Deadend 
Clevises (9-52), incorporation approved for Sec.  1728.98.
    (12) Bulletin 50-40 (D-14), RUS Specifications for Pole Top Brackets 
for Channel Type Pins (9-51), incorporation approved for Sec.  1728.98.
    (13) Bulletin 50-41 (D-15), RUS Specifications for Service 
Wireholders (11-51), incorporation approved for Sec.  1728.98.
    (14) Bulletin 50-55 (T-2), RUS Specifications for Overhead Ground 
Wire Support Brackets (5-53), incorporation approved for Sec.  1728.98.
    (15) Bulletin 50-56 (T-3), RUS Specifications for Steel Plate 
Anchors for Transmission Lines (12-53), incorporation approved for Sec.  
1728.98.
    (16) Bulletin 50-60 (T-9), RUS Specification--Single Pole Steel 
Structures, Complete with Arms (12-71), incorporation approved for Sec.  
1728.98.
    (17) Bulletin 50-72 (U-4), RUS Specification for Electrical 
Equipment Enclosures (5-35 kV) (10-79), incorporation approved for Sec.  
1728.98.
    (18) Bulletin 50-73 (U-5), RUS Specifications for Pad-Mounted 
Transformers (Single and Three-Phase) (1-77), incorporation approved for 
Sec.  1728.98.
    (19) Bulletin 50-74 (U-6), RUS Specification for Secondary Pedestals 
(600 Volts and Below) (10-79), incorporation approved for Sec.  1728.98.
    (20) Bulletin 50-91 (S-3), RUS Specifications for Step-Down 
Distribution Substation Transformers (34.4-138 kV) (1-78), incorporation 
approved for Sec.  1728.98.
    (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.
    (22) Bulletin 1728F-803, Specifications and Drawings for 24.9/14.4 
kV Line Construction (10-98), incorporation approved for Sec.  1728.98.
    (23) Bulletin 1728F-804 (D-804), Specification and Drawings for 
12.47/7.2 kV Line Construction, October 2005, incorporation approved for 
Sec.  1728.98.
    (24) Bulletin 1728F-806 (D-806) Specifications and Drawings for 
Underground Electric Distribution, October 11, 2018, incorporation 
approved for Sec.  1728.98.
    (25) Bulletin 1728F-810, Electric Transmission Specifications and 
Drawings, 34.5 kV to 69 kV (3-98), incorporation approved for Sec. Sec.  
1728.98 and 1728.201.
    (26) Bulletin 1728F-811, Electric Transmission Specifications and 
Drawings, 115 kV to 230 kV (3-98), incorporation approved for Sec. Sec.  
1728.98 and 1728.201.
    (b) American Institute of Timber Construction (AITC), 7012 S Revere 
Park Way, Englewood, Colorado 80112, telephone (303) 792-9559, web 
address: https://www.aitc-glulam.org/index.asp.
    (1) AITC 200-2009, Manufacturing Quality Control Systems Manual For 
Structural Glued Laminated Timber,

[[Page 217]]

copyright 2009, incorporation by reference approved for Sec. Sec.  
1728.201 and 1728.202.
    (2) [Reserved]
    (c) American National Standards Institute (ANSI), 25 West 43rd 
Street, New York, New York 10036, telephone (212) 642-4900, Web address: 
http://www.ansi.org.
    (1) ANSI O5.2-2020, Structural Glued Laminated Timber for Utility 
Structures, approved January 10, 2020, incorporation by reference 
approved for Sec. Sec.  1728.201 and 1728.202.
    (2) ANSI O5.3-2015, Solid Sawn Wood Crossarms & Braces: 
Specifications & Dimensions, approved January 9, 2015, incorporation by 
reference approved for Sec.  1728.201.
    (d) ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 
19428-2959, Telephone: (610) 832-9585, website: www.astm.org.
    (1) ASTM B 3-01 (Reapproved 2007)--Standard Specification for Soft 
or Annealed Copper Wire, (ASTM B 3-01) approved March 15, 2007, 
incorporated by reference approved for Sec.  1728.204.
    (2) ASTM B 8-04--Standard Specification for Concentric-Lay-Stranded 
Copper Conductors, Hard, Medium-Hard, or Soft (ASTM B 8-04), approved 
April 1, 2004, incorporated by reference approved for Sec.  1728.204.
    (3) ASTM B 230/B 230M-07--Standard Specification for Aluminum 1350-
H19 Wire for Electrical Purposes (ASTM B 230/B 230M-07), approved March 
15, 2007, incorporated by reference approved for Sec.  1728.204.
    (4) ASTM B 231/B 231M-04--Standard Specification for Concentric-Lay-
Stranded Aluminum 1350 Conductors (ASTM B 231/B 231M-04), approved April 
1, 2004, incorporated by reference approved for Sec.  1728.204.
    (5) ASTM B 400-08--Standard Specification for Compact Round 
Concentric-Lay-Stranded Aluminum 1350 Conductors (ASTM B 400-08), 
approved September 1, 2008, incorporated by reference approved for Sec.  
1728.204.
    (6) ASTM B 496-04--Standard Specification for Compact Round 
Concentric-Lay-Stranded Copper Conductors (ASTM B 496-04), approved 
April 1, 2004, incorporated by reference approved for Sec.  1728.204.
    (7) ASTM B 609/B 609M-99--Standard Specification for Aluminum 1350 
Round Wire, Annealed and Intermediate Tempers, for Electrical Purposes 
(ASTM B 609/B 609M-99), approved April 1, 2004, incorporated by 
reference approved for Sec.  1728.204.
    (8) ASTM B 786-08--Standard Specification for 19 Wire Combination 
Unilay-Stranded Aluminum 1350 Conductors for Subsequent Insulation (ASTM 
B 786-08), approved September 1, 2008, incorporated by reference 
approved for Sec.  1728.204.
    (9) ASTM B 787/B 787M-04--Standard Specification for 19 Wire 
Combination Unilay-Stranded Copper Conductors for Subsequent Insulation 
(ASTM B 787/B 787M-04), approved September 1, 2004, incorporated by 
reference approved for Sec.  1728.204.
    (10) ASTM B 835-04--Standard Specification for Compact Round 
Stranded Copper Conductors Using Single Input Wire Construction (ASTM B 
835-04), approved September 1, 2004, incorporated by reference approved 
for Sec.  1728.204.
    (11) ASTM B902-04a--Standard Specification for Compressed Round 
Stranded Copper Conductors, Hard, Medium-Hard, or Soft Using Single 
Input Wire Construction (ASTM B902-04a), approved September 1, 2004, 
incorporated by reference approved for Sec.  1728.204.
    (12) ASTM D 1248-05--Standard Specification for Polyethylene 
Plastics Extrusion Materials for Wire and Cable (ASTM D 1248-05), 
approved March 1, 2005, incorporated by reference approved for Sec.  
1728.204.
    (13) ASTM D 2275-01 (Reapproved 2008)--Standard Test Method for 
Voltage Endurance of Solid Electrical Insulating Materials Subjected to 
Partial Discharges (Corona) on the Surface (ASTM D 2275-01), approved 
May 1, 2008, incorporated by reference approved for Sec.  1728.204.
    (14) ASTM E 96/E 96M-05--Standard Test Methods for Water Vapor 
Transmission of Materials (ASTM E 96/E 96M-05), approved May 1, 2005, 
incorporated by reference approved for Sec.  1728.204.
    (e) American Wood Protection Association (AWPA), P.O. Box 361784, 
Birmingham, AL 35236-1784, telephone 205-733-4077, www.awpa.com.

[[Page 218]]

    (1) AWPA A6-20, Standard for the Determination of Retention of Oil-
Type Preservatives from Small Samples, Revised 2020, incorporation by 
reference approved for Sec.  1728.202.
    (2) AWPA A9-20, Standard Method for Analysis of Treated Wood and 
Treating Solutions By X-Ray Spectroscopy, Revised 2020, incorporation by 
reference approved for Sec.  1728.202.
    (3) AWPA A15-19, Referee Methods, Revised 2019, incorporation by 
reference approved for Sec.  1728.202.
    (4) AWPA A30-18, Standard Method for the Determination of 4,5 
Dichloro-2-n-octyl-4-isothiazolin-3 one (DCOI) in Wood and Solutions by 
High Performance Liquid Chromatography (HPLC), Revised 2018, 
incorporation by reference approved for Sec.  1728.202.
    (5) AWPA A69-18, Standard Method to Determine the Penetration of 
Copper Containing Preservatives, Reaffirmed 2018, incorporation by 
reference approved for Sec.  1728.202.
    (6) AWPA A70-18, Standard Method to Determine the Penetration of 
Pentachlorophenol Using a Silver-Copper Complex Known as Penta-Check, 
Reaffirmed in 2018, incorporation by reference approved for Sec.  
1728.202.
    (7) AWPA A71-18, Standard Method to Determine the Penetration of 
Solvent Used with Oil-Soluble Preservatives, Reaffirmed 2018, 
incorporation by reference approved for Sec.  1728.202.
    (8) AWPA A83-18, Standard Method for Determination of Chloride for 
Calculating Pentachlorophenol in Solution or Wood, Reaffirmed 2018, 
incorporation by reference approved for Sec.  1728.202.
    (9) AWPA M2-19, Standard for the Inspection of Preservative Treated 
Products for Industrial Use, Revised 2019, incorporation by reference 
approved for Sec.  1728.202.
    (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.
    (11) AWPA T1-20, Use Category System: Processing and Treatment 
Standard, Revised 2020, incorporation by reference Sec.  1728.201.
    (12) AWPA U1-20, Use Category System: User Specification for Treated 
Wood, Revised 2020, incorporation by reference approved for Sec. Sec.  
1728.201 and 1728.202.
    (f) Insulated Cable Engineers Association (ICEA). The following 
material may be purchased from: IHS Global Engineering Documents, 15 
Inverness Way East, Englewood, CO 80112, Phone: (303) 397-7956; (800) 
854-7179, Fax: (303) 397-2740, email: [email protected], website: http://
global.ihs.com.
    (1) ANSI/ICEA S-94-649-2004--Standard for Concentric Neutral Cables 
Rated 5 Through 46 KV (ANSI/ICEA S-94-649-2004), approved September 20, 
2005, incorporation by reference approved for Sec.  1728.204.
    (2) ANSI/ICEA T-31-610-2007--Test Method for Conducting Longitudinal 
Water Penetration Resistance Tests on Blocked Conductors (ANSI/ICEA T-
31-610-2007), approved October 31, 2007, incorporated by reference 
approved for Sec.  1728.204.
    (3) ICEA T-32-645-93--Guide for Establishing Compatibility of Sealed 
Conductor Filler Compounds with Conducting Stress Control Materials 
(ICEA T-32-645-93), approved February 1993, incorporated by reference 
approved for Sec.  1728.204.
    (g) Southern Pine Inspection Bureau Standards, 4709 Scenic Highway, 
Pensacola, Florida 32504-9094, telephone (850) 434-2611. The web address 
for the Southern Pine Inspection Bureau is http://www.spib.org/.
    (1) Standard Grading Rules for Southern Pine Lumber, 2014 Edition, 
effective January 25, 2014, incorporation by reference approved for 
Sec.  1728.201.
    (2) [Reserved]
    (h) West Coast Lumber Inspection Bureau, P.O. Box 23145, Portland, 
Oregon 97281, telephone (503) 639-0651, fax (503) 684-8928. The web 
address for is http://www.wclib.org/.
    (1) Standard No. 17, Grading Rules for West Coast Lumber, Revised 
September 1, 2018, incorporation by reference approved for Sec.  
1728.201.
    (2) [Reserved]

[76 FR 36963, June 24, 2011, as amended at 77 FR 19528, Apr. 2, 2012; 83 
FR 55467, Nov. 6, 2018; 84 FR 28190, June 18, 2019; 86 FR 57020, Oct. 
14, 2021; 87 FR 26962, May 6, 2022]

[[Page 219]]



Sec.  1728.98  Electric standards and specifications.

    (a) To comply with this part, you must follow the requirements 
contained in the following REA/RUS bulletins. These bulletins are 
incorporated by reference in Sec.  1728.97 of this part.
    (1) Bulletin 50-4 (D-801), Specification and Drawings for 34.5/19.9 
kV Distribution Line Construction (11-86).
    (2) Bulletin 50-15 (DT-3), RUS Specifications for Pole Top Pins with 
1\3/8\[min] Diameter Lead Thread (1-51).
    (3) Bulletin 50-16 (DT-4), RUS Specifications for Angle Suspension 
Brackets (3-52).
    (4) Bulletin 50-19 (DT-7), RUS Specifications for Clevis Bolts (8-
53).
    (5) Bulletin 50-23 (DT-18), RUS Specifications for 60 
Wood Crossarm Braces (2-71).
    (6) Bulletin 50-31 (D-3), RUS Specifications for Pole Top Pins with 
1 Diameter Lead Threads (2-79).
    (7) Bulletin 50-32 (D-4), RUS Specifications for Steel Crossarm 
Mounted Pins with 1 Diameter Lead Threads (10-50).
    (8) Bulletin 50-33 (D-5), RUS Specifications for Single and Double 
Upset Spool Bolts (2-51).
    (9) Bulletin 50-34 (D-6), RUS Specifications for Secondary Swinging 
Clevises (12-70).
    (10) Bulletin 50-35 (D-7), RUS Specifications for Service Swinging 
Clevises (9-52).
    (11) Bulletin 50-36 (D-8), RUS Specifications for Service Deadend 
Clevises (9-52).
    (12) Bulletin 50-40 (D-14), RUS Specifications for Pole Top Brackets 
for Channel Type Pins (9-51).
    (13) Bulletin 50-41 (D-15), RUS Specifications for Service 
Wireholders (11-51).
    (14) Bulletin 50-55 (T-2), RUS Specifications for Overhead Ground 
Wire Support Brackets (5-53).
    (15) Bulletin 50-56 (T-3), RUS Specifications for Steel Plate 
Anchors for Transmission Lines (12-53).
    (16) Bulletin 50-60 (T-9), RUS Specification--Single Pole Steel 
Structures, Complete with Arms (12-71).
    (17) Bulletin 50-72 (U-4), RUS Specification for Electrical 
Equipment Enclosures (5-35 kV) (10-79).
    (18) Bulletin 50-73 (U-5), RUS Specifications for Pad-Mounted 
Transformers (Single and Three-Phase) (1-77).
    (19) Bulletin 50-74 (U-6), RUS Specification for Secondary Pedestals 
(600 Volts and Below) (10-79).
    (20) Bulletin 50-91 (S-3), RUS Specifications for Step-Down 
Distribution Substation Transformers (34.4-138 kV) (1-78).
    (21) Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs and 
Anchor Logs, September 9, 2021.
    (22) Bulletin 1728F-803, Specifications and Drawings for 24.9/14.4 
kV Line Construction (10-98).
    (23) Bulletin 1728F-804 (D-804), Specification and Drawings for 
12.47/7.2 kV Line Construction, October 2005.
    (24) Bulletin 1728F-806 (D-806) Specifications and Drawings for 
Underground Electric Distribution), October 11, 2018.
    (25) Bulletin 1728F-810, Electric Transmission Specifications and 
Drawings, 34.5 kV to 69 kV (3-98).
    (26) Bulletin 1728F-811, Electric Transmission Specifications and 
Drawings, 115 kV to 230 kV (3-98).
    (b) The terms ``RUS form'', ``RUS standard form'', ``RUS 
specification'', and ``RUS bulletin'' have the same meanings as the 
terms ``REA form'', ``REA standard form'', ``REA specification'', and 
``REA bulletin'', respectively unless otherwise indicated.

[76 FR 36964, June 24, 2011, as amended at 83 FR 55467, Nov. 6, 2018; 84 
FR 28191, June 18, 2019; 86 FR 57020, Oct. 14, 2021]



Sec.  1728.201  Bulletin 1728H-701, Specification for Wood Crossarms 
(Solid and Laminated), Transmission Timbers and Pole Keys.

    (a) Scope. (1) The specification in this section describes the 
minimum acceptable quality of wood transmission and distribution 
crossarms (hereinafter called arms) purchased by or for RUS borrowers. 
Where there is conflict between the specification in this section and 
any other specification referred to in this section, the specification 
in this section shall govern.
    (2) The requirements of the specification in this section implement 
contractual provisions between RUS and borrowers receiving financial 
assistance

[[Page 220]]

from RUS. The contractual agreement between RUS and a RUS borrower 
requires the borrower to construct its system in accordance with RUS 
accepted plans and specifications. Each RUS electric and 
telecommunications borrower shall purchase only arms produced in 
accordance with the specification in this section. Each RUS electric and 
telecommunications borrower shall require a written confirmation from 
their selected contractor that all material utilized shall be produced 
in accordance with the specifications in this section.
    (b) General stipulations. (1) Conformance of arms to RUS 
specifications is the responsibility of the producer. A member of the 
producer's staff shall be designated as quality control supervisor and 
charged with the responsibility for the exercise of proper quality 
control procedures throughout the production process. The primary 
responsibility of third-party inspection agencies is to verify that 
producers involved in the manufacture of RUS treated wood products have 
functional in-house quality control systems in place that result in the 
shipment of materials meeting applicable RUS specification requirements 
to borrowers.
    (2) Treated wood products intended for RUS borrowers shall not be 
inspected when in the opinion of the inspector, unsafe conditions are 
present.
    (3) Various requirements relating to quality control and inspection 
that are contained in Sec.  1728.202 and ANSI O5.2 and ANSI O5.3 (both 
incorporated by reference in Sec.  1728.97) shall be followed exactly 
and shall not be interpreted or subject to judgment by the producer's 
quality control personnel or by the third party inspector.
    (4) The requirements of AWPA M3 (incorporated by reference in Sec.  
1728.97) pertaining to record keeping, pre-treatment storage, analytical 
laboratories, plant gauges and other plant facilities, shall be 
followed.
    (5) The producer shall maintain its own properly staffed and 
equipped analytical laboratory or contract with an independent testing 
laboratory at or near the treating plant to provide the required 
analytical service. On a case-by-case basis, with written permission 
from RUS, a producer with more than one treatment facility may be 
allowed to use a central laboratory.
    (6) Arms can be purchased under either of two purchase plans; a RUS 
approved Quality Assurance Plan or an Independent Inspection Plan. The 
method of inspection described in this section shall be used no matter 
which plan timber products are purchased under.
    (7) All third-party inspectors involved in the inspection of RUS 
products shall maintain their impartiality when providing their 
inspection service. This requires that these individuals and their 
employers, as well as producers and suppliers involved in providing RUS 
borrowers with treated wood products, maintain a professional separation 
during the performance of their respective functions to eliminate any 
possible conflict of interest.
    (8) With the exception of financial agreements for inspection 
services, inspection agencies shall neither accept nor provide 
gratuities or free services to suppliers.
    (9) Inspection agencies shall not offer product warranties on 
inspected material.
    (10) Arms shall be warranted to conform to this specification. Arms 
shall meet or exceed their minimum allowable dimensions for at least one 
year from time of delivery to the borrower. If any arm is determined to 
be defective or does not conform to this specification within 1 year 
from the date of delivery to the borrower, it shall be replaced as 
promptly as possible by the supplier. In the event of failure to do so, 
the purchaser may make such replacement and the cost of the arm, at 
destination, shall be recovered from the supplier.
    (11) Arm producers shall have and maintain liability insurance in 
the amount of $1 million. Evidence of compliance to this requirement 
shall be forwarded to the RUS annually. The evidence shall be in the 
form of a certificate of insurance or a bond signed by a representative 
of the insurance company or Surety Bonding company and include a 
provision that no change in, or cancellation of, will be made without 
the prior written notice to the

[[Page 221]]

Chairman, Technical Standards Committee ``A'' (Electric), 1400 
Independence Ave. SW, Stop 1569, Washington, DC 20250-1569.
    (c) Definitions. The following definitions apply to this section:
    Agency refers to Rural Utilities Service (RUS), United States 
Department of Agriculture.
    Certificate of compliance is a written certification by an 
authorized employee of the producer that the material shipped meets the 
requirements of this specification and any supplemental requirements 
specified in a purchase order from a borrower or the borrower's 
contractor.
    Crossarm refers to the structural wood member used to support 
electrical conductors and equipment. The word arm is used 
interchangeably with crossarm.
    Independent inspection refers to examination of material by a 
trained inspector employed by a commercial inspection agency.
    Inspection means an examination of material in sufficient detail to 
ensure conformity to all requirements of the specification under which 
it was purchased.
    Lot is a certain number of pieces of a given item submitted for 
inspection at one time.
    Producer is the party who manufactures arms. In some cases the 
producer may also be the treating plant.
    Purchaser refers to either the RUS borrower or contractors acting as 
the borrower's agent, except where a part of the specification in this 
section specifically refers to only the borrower or the contractor.
    Quality control supervisor refers to an employee of the producer 
designated to be responsible for quality control procedures carried out 
by said producer.
    Reserve treated stock consists of treated material held in storage 
by a producer for purchase and immediate shipment to a borrower.
    Supplier may refer to the producer, the treater, or to a third-party 
broker or distributorship involved in supplying RUS products to the 
borrowers.
    Treating plant is the facility that applies the preservative 
treatment to the arms.
    (d) Material requirements--(1) Material and grade. All arms 
furnished under the specification in this section shall be free of 
brashy wood, decay, and shall meet additional requirements as shown on 
specific drawings in this section. Arms shall be made of one of the 
following:
    (i) Douglas-fir which conforms to the applicable provisions of 
paragraphs 170 and 170a, or the applicable transmission arm provisions 
of paragraphs 169 and 169a of the West Coast Lumber Standard No. 17 
(incorporated by reference in Sec.  1728.97). Only coastal origin 
Douglas-fir shall be used for Douglas-fir arms manufactured under the 
specification in this section;
    (ii) Southern Yellow Pine which conforms to the provisions of Dense 
Industrial Crossarm 65, as described in Southern Pine Inspection 
Bureau's Standard Grading Rules for Southern Pine Lumber (incorporated 
by reference at Sec.  1728.97); or
    (iii) Laminated wood arms shall conform to ANSI O5.2 and have at 
least the same load carrying capacity as the solid sawn arms being 
replaced. The load carrying capacity of the laminated arms shall be 
determined by one of the procedures outlined in ANSI O5.2. The testing 
and inspection of laminated arms shall be in accordance with AITC 200 
(incorporated by reference at Sec.  1728.97).
    (2) Alternative arms. Borrowers may use alternative arms that are 
listed in Informational Publication 202-1, List of Materials Acceptable 
for Use on Systems of USDA Rural Utilities Service Borrowers. For 
information on the availability of such material, contact the Chairman, 
Technical Standards Committee ``A'' (Electric), 1400 Independence Ave. 
SW, Stop 1569, Washington, DC 20250-1569, or go to: https://
www.rd.usda.gov/files/UEP_LoM.pdf.
    (3) Knots. Well-spaced sound, firm, and tight knots are permitted.
    (i) Slightly decayed knots are permitted, except on the top face, 
provided the decay extends no more than \3/4\ of an inch into the knot 
and provided the cavities will drain water when the arm is installed. 
For knots to be considered well-spaced, the sum of the sizes of all 
knots in any 6 inches of length of a piece shall not exceed twice

[[Page 222]]

the size of the largest knot permitted. More than one knot of maximum 
permissible size shall not be in the same 6 inches of length. Slightly 
decayed, firm, or sound ``pin knots'' (\3/8\ of an inch or less) are not 
considered in size, spacing, or zone considerations.
    (ii) Knots are subject to limits on size and location as detailed in 
Tables 1 and 2 to this paragraph (d)(3)(ii).

 Table 1 to Paragraph (d)(3)(ii)--Knot Limits for Distribution Arms (See
                        Figure 1 to This Section)
                       [All dimensions in inches]
------------------------------------------------------------------------
                                               Maximum knot diameter
       Class of knot and location        -------------------------------
                                            Close grain     Dense grain
------------------------------------------------------------------------
Round Knots:
    Single Knot: Maximum Diameter Center
     Section \1\
        Upper Half......................           \3/4\               1
        Lower Half......................               1          1\1/4\
    Elsewhere...........................          1\1/4\          1\1/2\
Sum of Diameters in 6-Inch Length:
 Maximum Center Section:
        Upper Half......................          1\1/2\               2
        Lower Half......................               2          2\1/2\
    Elsewhere...........................          2\1/2\               3
------------------------------------------------------------------------
\1\ No knot shall be closer than its diameter to the pole mounting hole.


 Table 2 to Paragraph (d)(3)(ii)--Knot Limits for Transmission Arms (See
                        Figure 2 to This Section)
                       [All dimensions in inches]
------------------------------------------------------------------------
                                           Maximum diameter for single
      Pole mounting hole zone \1\                      knot
------------------------------------------------------------------------
Upper Half (inner zone)................  \3/4\.
Upper Half (outer zone)................  1 for close grain.
                                         1\1/4\ dense grain.
------------------------------------------------------------------------


 
                                                                                 Wide face (two sides)
   Other locations transmission arm size \2\         Narrow face     -------------------------------------------
                                                                              Edge            Along  centerline
----------------------------------------------------------------------------------------------------------------
4\5/8\ x 5\5/8\ or less.......................                     1                1\1/4\                1\1/4\
5\5/8\ x 7\3/8\...............................                1\1/4\                1\3/8\                1\7/8\
3\5/8\ x 9\3/8\...............................                 \3/4\                1\3/4\                2\1/4\
----------------------------------------------------------------------------------------------------------------
\1\ No knot shall be closer than its diameter to the pole mounting hole.
\2\ For cross sections not shown, refer to grading rules.

    (iii) Knot clusters shall be prohibited unless the entire cluster, 
measured on the worst face, is equal to or less than the round knot 
allowed at the specific location.
    (iv) Spike knots shall be prohibited in deadend arms. Any spike knot 
across the top face shall be limited to the equivalent displacement of a 
knot \3/8\ of an inch deep on one face and the maximum round knot for 
its particular location on the worst face, with a maximum width of 1 
inch measured at the midpoint of the spiked section. Elsewhere across 
the bottom or side faces, spike knots shall not exceed \1/2\ the 
equivalent displacement of a round knot permitted at that location, 
provided that the depth of the knot on the worst face shall not exceed 
the maximum round knot allowed at that location.
    (v) Loose knots shall be prohibited in deadend arms. Loose knots and 
knot holes shall be permitted only if they allow water to drain when the 
arm is installed in its normal position. In the center section, upper 
half, loose knots shall not be greater than \1/2\ the dimensions of 
round knots. Elsewhere, loose knots shall not be greater than the round 
knot dimension.
    (vi) All knots except those ``spike'' knots intersecting a corner 
shall be measured on the least diameter of the knot.
    (vii) A knot shall be considered to occupy a specific zone or 
section if the

[[Page 223]]

center of the knot (i.e., pith of knot) is within the zone or on the 
zone's boundary.
    (viii) If a round or oval knot appears on two faces and is in two 
zones, each face shall be judged independently. When this does not 
occur, average the least dimension showing on both faces. Knots which 
occur on only one face of a free of heart center (FOHC) arm shall be 
permitted to be 25 percent larger than the stated size.
    (ix) Two or more knots opposite each other on any face shall be 
limited by a sum not to exceed the size of a maximum single knot 
permitted for the location. On all four faces, all knots shall be well 
spaced.
    (x) No knot over \5/8\ inch in diameter may intersect pin holes in 
the center section. One-inch diameter knots may intersect insulator pin 
holes elsewhere.
    (e) Miscellaneous characteristics, features and requirements. (1) 
The top face of distribution arms shall not have more than four medium 
pitch and bark pockets in 8-foot arms, and not more than five pitch and 
bark pockets in 10-foot arms. Elsewhere a maximum of six medium pitch 
and bark pockets in 8-foot arms and eight in 10-foot arms shall be 
permitted. Equivalent smaller pockets shall be permissible. An 
occasional large pocket is permissible.
    (2) Shakes shall be prohibited.
    (3) Prior to treatment on properly seasoned arms, single face checks 
shall not exceed an average penetration of \1/4\ the depth from any face 
and shall be limited to 10 inches long on the top face, and \1/3\ the 
arm length on the other faces. Checks shall not be repeated in the same 
line of grain in adjacent pin holes. The sum of the average depths of 
checks occurring in the same plane on opposite faces shall be limited to 
\1/4\ the face depth.
    (4) Compression wood shall be prohibited on any face. Compression 
wood is permitted if wholly enclosed in the arm, more than six annual 
rings from the surface, and not over \3/8\ of an inch in width.
    (5) Insect holes \3/32\ of an inch and larger shall be prohibited. 
Insect pin holes (i.e., holes not over \1/16\ of an inch diameter) shall 
be allowed if scattered and not exceeding 10 percent of the arm girth.
    (6) Wane shall be allowed on one edge, limited to approximately 1 
inch measured across the corner. Outside of the top center section, an 
aggregate length not to exceed 2 feet may have wane up to 1\1/2\ inches 
on an occasional piece on one or both edges. Bark shall be removed.
    (7) Prior to and after preservative treatment, crook, bow, or twist 
shall not exceed \1/2\ of an inch in 8-foot arms and \5/8\ of an inch in 
10-foot arms.
    (f) Manufacturing--(1) Quality of work. All arms shall be of the 
highest quality production. Arms shall be dressed on all four sides, 
although ``hit and miss skips'' may occur on two adjacent faces on 
occasional pieces.
    (2) Dimensions and tolerances. All dimensions and tolerances shall 
conform to those shown on the drawings in this section or drawings 
supplied with the purchase order. Arms supplied shall meet or exceed 
minimum dimensions shown on the drawings in this section. Cross-
sectional dimensions shall be measured and judged at about \1/4\ the arm 
length, except when the defects of ``skip dressing'' or ``machine bite 
or offset'' are involved.
    (3) Shape. The shape of the arms at any cross section, except for 
permissible wane, shall be as shown on the respective drawings in this 
section or supplied with the order. The two top edges may be either 
chamfered or rounded \3/8\ of an inch radius. The two bottom edges shall 
be slightly eased \1/8\ of an inch radius for the entire length.
    (4) Lamination techniques. Lamination techniques shall comply with 
ANSI O5.2.
    (5) Pin and bolt holes. Pin and bolt holes shall be smoothly bored 
without undue splintering where drill bits break through the surface. 
The center of any hole shall be within \1/8\ of an inch of the center-
line locations on the face in which it appears. Holes shall be 
perpendicular to the starting and finishing faces.
    (6) Incising. The lengthwise surfaces of Douglas-fir arms shall be 
incised a minimum of \1/4\ of an inch deep. The incision shall be 
reasonably clean cut with a spacing pattern that ensures uniform 
penetration of preservative.

[[Page 224]]

    (g) Conditioning prior to treatment. AWPA T1 (incorporated by 
reference at Sec.  1728.97) shall be followed.
    (1) All solid sawn arms shall be made of lumber which has been kiln-
dried. Douglas-fir arms shall have an average moisture content of 19 
percent or less, with a maximum not to exceed 22 percent in a single 
arm. Southern Yellow Pine arms shall have an average moisture content of 
22 percent or less, with a maximum not to exceed 30 percent in a single 
arm.
    (2) Moisture content levels shall be measured at about \1/4\ the 
length and at a depth of about \1/5\ the arm's thickness. Additionally, 
the moisture content gradient between the shell (i.e., \1/4\ of an inch 
deep) and the core (i.e., about 1 inch deep) shall not exceed 5 
percentage points.
    (3) A minimum of at least 20 solid sawn arms per treating charge 
shall be measured and the individual results recorded by the producer to 
verify moisture content.
    (4) The moisture content of lumber used in laminating shall, at the 
time of gluing, be within the range of 8 to 12 percent, inclusive.
    (h) Preservatives. (1) Creosote, water-borne preservatives, 
pentachlorophenol, DCOI, and copper naphthenate shall conform to the 
requirements of AWPA U1 (incorporated by reference at Sec.  1728.97). 
Oxide formulations of waterborne preservatives shall be supplied. If CCA 
is the selected preservative, CCA-C shall be the type required.
    (2) Douglas-fir arms shall not be treated with CCA.
    (i) Preservative treatment. (1) All timber products manufactured 
under the specification in this section shall be pressure treated. AWPA 
T1 shall be followed.
    (2) These materials may be further conditioned by steaming, or by 
heating in hot oil (Douglas-fir), within the following time and 
temperature limits:

------------------------------------------------------------------------
                                                 Max. time
                                                  (hours)    Temperature
------------------------------------------------------------------------
(i) Steam.....................................           3    220 [deg]F
(ii) Heating in Preservative..................           3    210 [deg]F
------------------------------------------------------------------------

    (3) A final steam or hot oil bath may be used only to meet 
cleanliness requirements. Total duration of the final steam bath shall 
not exceed 2 hours and the temperature shall not exceed 240 [deg]F.
    (j) Results of treatment--(1) Penetration and retention. The quality 
control supervisor shall test or supervise the testing of each treated 
charge for penetration and retention.
    (2) Method of sampling. When testing penetration and retention, a 
borer core shall be taken from a minimum of 20 arms in each treating 
charge. The borings shall be taken from any face except the top face at 
a point as close to the end as possible, being at least 3 inches from 
the end of the arm and no closer than 3 inches from the edge of the 
holes. The bored holes shall be plugged with treated plugs. Borings from 
laminated arms shall not be taken from the same laminate unless there is 
an end joint separation.
    (3) Preservative penetration. All of the sapwood present in Douglas-
fir and southern yellow pine arms shall be completely penetrated with 
preservative. Preservative penetration in the heartwood of Douglas-fir 
arms shall be not less than 3 inches longitudinally from the edge of 
holes and ends, and at least \3/16\ inch from the surface of any face.
    (4) Preservative retention. Preservative retention in the outer 0.6 
inch for Douglas-fir arms and in the outer one inch of southern yellow 
pine arms shall be not less than the following:

------------------------------------------------------------------------
                                                               Retention
                        Preservative                             (pcf)
------------------------------------------------------------------------
(i) Creosote................................................         8.0
(ii) Pentachlorophenol......................................    \1\ 0.4/
                                                                    0.36
(iii) ACA, ACZA, or CCA-C...................................         0.4
(iv) Copper Naphthenate.....................................        0.04
(v) DCOI....................................................        0.13
------------------------------------------------------------------------
\1\ If the copper pyridine method is used when timbers may have been in
  contact with salt water, a penta retention of 0.36 pcf is required for
  all species native to the Pacific Coast region.

    (5) Arms surfaces. The surfaces of all arms shall be free from oil 
exudation (bleeding) and pentachlorophenol crystallization (blooming), 
and other surface deposits.
    (6) Retreatment of arms. Arms may be retreated no more than twice. 
Initial treatment steaming time plus re-treatment steaming time, 
combined, shall

[[Page 225]]

not exceed total steaming time allowed.
    (k) Marking/branding. (1) Before treatment, arms shall be legibly 
branded (hot brand) or die-stamped to a depth of approximately \1/16\ of 
an inch, with the top of the brand oriented to the top of the arm. The 
brand shall be placed on either of the wide surfaces of the arm, 
approximately one foot from the midpoint of the piece.
    (2) The letters and figures shall be not less than \1/2\ of an inch 
in height.
    (3) The brand or die-stamp shall include:
    (i) The manufacturer's identification symbol;
    (ii) Month and year of manufacture;
    (iii) Species (DF for Douglas-fir and SP for southern yellow pine);
    (iv) Preservative (C for creosote, DA for DCOI, PA for penta, SK for 
CCA, SZ for ACZA, N for Copper Naphthenate); and
    (v) Required retention. An example of required retention is: M-6-16 
Manufacturer--Month--Year and DF-PA-.4 Douglas-fir-penta treated--.40 
pcf retention.
    (4) Brands and quality assurance/inspection marks shall be removed 
from arms that do not meet these specifications.
    (l) Storage. (1) Producers may manufacture/treat RUS arms for 
reserve treated stock under either of the allowable purchase plans. (See 
paragraph (b)(6) of this section).
    (2) Arms treated with creosote or oil-borne preservatives, and which 
have been held in storage for more than 1 year before purchase and 
shipment to the borrower shall be re-assayed before shipment. Any such 
arms found to be nonconforming for retention shall be retreated and 
reassayed per the requirements of this section of the specification.
    (m) Drawings. (1) The drawings of Figure 3 to this section, Crossarm 
Drilling Guide, have a type number and show in detail the hole size, 
shape, and pattern desired for arms ordered under the specification in 
this section.
    (2) Purchase orders shall indicate the type arm required.
    (3) Arms shall be furnished in accordance with the details of the 
drawings in this section or in accordance with drawings attached to the 
purchase order.
    (4) Appropriate drawings for transmission arms are to be specified 
and included with purchase orders. Technical drawings for transmission 
arms are published in Bulletin 1728F-811 (incorporated by reference at 
Sec.  1728.97) and Bulletin 1728F-810 (incorporated by reference at 
Sec.  1728.97).
    (n) Destination inspection. The RUS borrower shall have the 
prerogative to inspect materials at destination. All provisions of the 
specification in this section shall apply to material inspected at 
destination. If a disagreement arises over conformance of materials 
received at destination, it shall be the responsibility of the supplier 
to resolve the matter with the purchaser.
    (o) Purchase of related specifications and standards. (1) All ANSI 
and AWPA standards may be purchased from: American Wood Protection' 
Association (AWPA), P.O. Box 361784, Birmingham, AL 35236-1784, 
Telephone (205)733-4077, Web address: http://www.awpa.com.
    (2) Standard Grading Rules for Southern Pine Lumber and Special 
Products Rules for Structural, Industrial, and Railroad Freight Car 
Lumber may be purchased from: Southern Pine Inspection Bureau, 4709 
Scenic Highway, Pensacola, Florida 32504-9094, Telephone (850) 434-2611, 
Web address: http://www.spib.org.
    (3) Standard Grading Rules for West Coast Lumber may be purchased 
from: West Coast Lumber Inspection Bureau, P.O. Box 23145, Portland, 
Oregon 97281, Telephone (503) 639-0651, Web address: http://
www.wclib.org.
    (4) AITC 200 may be purchased from: American Institute of Timber 
Construction, 7012 S Revere Park Way, Englewood, Colorado 80112, 
Telephone (303) 792-9559, Web address: http://aitc-glulam.org.
    (p) Information to be completed by the borrower. When using the 
specification in this section, the borrower or borrower's representative 
should enter into a written agreement with a material supplier by way of 
a contract or purchase order. This agreement should state that all arms 
shall be manufactured in strict accordance with the specifications in 
this section.

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[GRAPHIC] [TIFF OMITTED] TR18JN19.002


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[84 FR 28191, June 18, 2019, as amended at 86 FR 57021, Oct. 14, 2021]



Sec.  1728.202  Bulletin 1728H-702, Specification for Quality Control 
and Inspection of Timber Products.

    (a) Scope. (1) The specification in this section describes the 
responsibilities and procedures pertaining to the quality control by 
producers and pertaining to inspection of timber products produced in 
accordance with the following RUS specifications in Sec.  1728.201, and 
poles, covered in Bulletin 1728F-700 (incorporated by reference in Sec.  
1728.97) and in Sec.  1755.97 of this chapter.
    (2) Where there is conflict between the specification in this 
section and any other specification referred in this section, the 
specification in this section shall govern.
    (3) The specification in this section also describes and designates 
responsibilities of RUS borrowers in regard to their purchases under the 
specifications referenced in paragraph (a)(1) of this section.
    (b) General stipulations. (1) Conformance of poles and crossarms to 
RUS specifications is the responsibility of the producer. A member of 
the producer's staff shall be designated as quality control supervisor 
and charged with the responsibility for the exercise of proper quality 
control procedures throughout the production process. The primary 
responsibility of third party inspection agencies is to verify that 
producers involved in the manufacture of RUS treated wood products have 
functional in-house quality control systems in place that result in the 
shipment of materials meeting applicable RUS specification requirements 
to borrowers.
    (2) The requirements of AWPA M3 (incorporated by reference at Sec.  
1728.97), pertaining to recordkeeping, pretreatment storage, analytical 
laboratories, plant gauges, and other plant facilities, shall be 
followed.
    (3) Treated wood products intended for RUS borrowers shall not be 
inspected when in the opinion of the inspector, unsafe conditions are 
present.
    (4) Poles and crossarms can be purchased under either of two 
purchase plans; a RUS approved Quality Assurance Plan or an Independent 
Inspection Plan. The method of inspection described in this section 
shall be used no matter which plan timber products are purchased under.
    (5) Under the Independent Inspection Plan, the borrower should 
designate in the purchase order which inspection agency it has selected. 
Unless the borrower contracts for inspection as a separate transaction, 
the treating company shall obtain the services of the borrower's 
designated inspection agency. For reserve treated stock held in 
inventory by the producer, the producer shall obtain the services of the 
appropriate inspection program.
    (6) All third-party inspectors involved in the inspection of RUS 
products shall maintain their impartiality when providing their 
inspection service. This requires that these individuals and their 
employers, as well as producers and suppliers involved in providing RUS 
borrowers with treated wood products, maintain the greatest degree of 
professional separation during the performance of their respective 
functions to eliminate any possible conflict of interest.
    (7) With the exception of financial agreements for inspection 
services, inspection agencies shall not accept nor provide gratuities or 
free services to suppliers.
    (8) Inspection agencies shall not offer product warranties on 
inspected material.
    (9) Inspection agencies shall have and maintain liability insurance 
in the amount of $500,000 and a surety bond or miscellaneous Errors and 
Omission insurance for consequential damages for not less than $250,000. 
Evidence of compliance to the requirement in this paragraph (b)(9) shall 
be forwarded to the RUS annually. The evidence shall be in the form of a 
certificate of insurance or a Bond signed by a representative of the 
insurance or Surety Bonding company and include a provision that no 
change in, or cancellation of, will be made without the prior written 
notice to Chairman, Technical Standards Committee ``A'' (Electric).
    (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

[[Page 229]]

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)
----------------------------------------------------------------------------------------------------------------
            Preservative                  Analytical method                       Referee method
----------------------------------------------------------------------------------------------------------------
Pentachlorophenol..................  XRF, Lime Ignition, Copper   Lime Ignition, Copper Pyridine.
                                      Pyridine.
Creosote...........................  Toluene Extraction.........  Toluene Extraction.
Waterborne.........................  XRF........................  XRF.
Copper Naphthenate.................  XRF........................  ICP, GC.
DCOI...............................  XRF, HPLC..................  HPLC.
----------------------------------------------------------------------------------------------------------------
Note 1 to table 1 to paragraph (b)(10)(i): XFR means X-ray fluorescence; HPLC means High Performance Liquid
  Chromatography; ICP means Inductively coupled plasma; and GC means Gas Chromatography.

    (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.
    (11) If used for analysis, plant XRF units shall be accurate and 
generate reproducible results per AWPA A9. At least once monthly, their 
accuracy and precision shall be checked by the third-party inspector. 
This verification shall consist of the inspector taking a retention 
sample previously analyzed by the plant quality control supervisor on-
site and rerunning it in the inspection agency's own laboratory using 
said agency's XRF unit or the referee method for a specific 
preservative. If the inspection agency's analytical result is within +5% 
of the plant's retention result on that sample, the plant XRF unit needs 
no further calibration.
    (12) Individual inspectors in the employ of inspection agencies 
shall be properly trained and experienced. See Sec.  1728.203, for 
details of an inspector's minimum qualifications. Upon request, 
inspection agencies must provide RUS with detailed written documentation 
verifying that each of their employees inspecting RUS materials has the 
minimum experience and training described in Sec.  1728.203. Failure of 
an individual inspector to follow proper procedures or failure of an 
inspection agency to properly train and supervise their inspectors or 
follow applicable RUS specifications constitutes grounds for RUS 
debarment of said inspector and said inspection agency from future 
inspection of RUS financed material.
    (c) Quality control and inspection procedures. It is the 
responsibility of the plant quality control supervisor to perform the 
following procedures to ensure that a particular lot of material 
conforms to the requirements of the applicable Agency specification 
prior to treatment. After the plant quality control supervisor has 
performed these procedures, a particular lot of material shall be 
released to the inspector for verification of conformance.
    (1) For poles, inspection prior to treatment shall include:
    (i) Ample space and assistance shall be provided by the treating 
plant for handling and turning poles. Regardless of the purchase plan 
poles are being purchased under, all poles in a lot shall be inspected 
by the plant quality control supervisor prior to offering the lot for 
verification by a third party.

[[Page 230]]

    (ii) When limited by the purchaser in a written purchase order, 
moisture content shall be measured with a calibrated electronic moisture 
meter. Calibration of the moisture meter shall include not only the zero 
settings for the X and Y readings, but also two resistance standards for 
12 and 22 percent moisture content. Material failing to conform for 
moisture content may be retested upon request after recalibration of the 
moisture meter.
    (iii) Dimensions, length, and circumference shall be measured by a 
standard steel tape to determine that they meet specification 
requirements and that they agree with the details for class and length 
found in the face brand/tag and butt of each pole. If it is obvious by 
visual comparison with a measured pole that the brand information 
regarding class and length is correct, individual poles need not be 
measured. Pole circumference dimensions measured prior to treatment 
shall govern acceptance. Reduction in dimension due to treatment and 
shipping shall be no more than 2 percent below the minimum for the pole 
class.
    (iv) Poles in a lot shall be of the same seasoning condition and all 
shall be inspected for decay. If the plant quality control supervisor 
suspects that decay is present in a pole, a slice from both ends shall 
be cut for closer examination. If 3 percent or more of the poles in the 
lot inspected by the plant quality control supervisor show evidence of 
decay, the entire lot shall be unconditionally withdrawn without further 
sorting.
    (v) Under the Independent Inspection Plan, all poles shall be 
examined by the third-party Inspector for verification of conformance. 
Under a RUS approved Quality Assurance Plan, the number of poles 
inspected for verification of conformance may vary according to the 
terms of the approved plan.
    (vi) Whenever it becomes evident during third party inspection of 
any lot of poles offered by the producer that non-conforming pieces 
exceed 3 percent for any one defect or 5 percent for all defects, the 
inspector shall withhold further inspection and reject the balance of 
the lot. After the producer has acted to eliminate all defective pieces, 
the rejected balance may be inspected as a new lot. Sorting, however, 
shall not be permitted when a lot has been rejected for decay.
    (vii) Re-examination for mechanical damage or deterioration and for 
original acceptance shall be conducted on timber products not treated 
within 10 days after the original third-party inspection.
    (2) For crossarms, inspection prior to treatment shall include:
    (i) Regardless of the purchase plan arms are being purchased under, 
all arms in a lot shall be inspected by the plant quality control 
supervisor prior to offering the lot for verification by a third party. 
After the plant quality control supervisor has performed the procedures 
in paragraphs (c)(2)(ii) through (vii) of this section, a particular lot 
of arms shall be released to the inspector for verification of 
conformance.
    (ii) Moisture content of the arms in the lot shall be checked with a 
calibrated moisture meter.
    (iii) Surface inspection of both ends and the side surfaces of each 
arms. Particular attention shall be paid to visible defects such as 
compression wood, red heart, honeycomb and other forms of decay, shakes, 
splits, through checks, low density, wane, undersize, and pitch pockets.
    (iv) Inspection of bolt and insulator pin holes for proper location, 
dimension and excessive splintering.
    (v) Inspection of brands for proper location, required content and 
legibility.
    (vi) Under the Independent Inspection, both ends of all crossarms 
and a random representative sample of the lengthwise side faces of all 
crossarms shall be inspected. The sample size shall equal 20 percent of 
the lot size or 200 arms, whichever is smaller. Under a RUS approved 
Quality Assurance Plan, the number of crossarms inspected for 
verification of conformance may vary according to the terms of the 
approved plan.
    (vii) Whenever it becomes evident during third party inspection of 
any lot of arms offered by the producer that non-conforming pieces 
exceed 2 percent of the sample size, the entire lot shall be rejected. 
After the producer has acted to eliminate all defective pieces,

[[Page 231]]

the rejected balance may be inspected as a new lot.
    (d) Preservatives. Creosote, waterborne preservatives, 
pentachlorophenol, DCOI, and copper naphthenate shall conform to current 
AWPA U1 (incorporated by reference in Sec.  1728.97).
    (e) Results of treatment--Poles. (1) Following treatment, poles 
shall be sampled for preservative retention and penetration utilizing a 
calibrated increment borer 0.2 inches +0.02 inches in diameter in 
accordance with procedures listed in AWPA M2 (incorporated by reference 
in Sec.  1728.97).
    (2) Inspectors may take their own retention samples and analyze them 
concurrently with those taken by the quality control supervisor, but 
each shall work independently. The results of the plant's analysis shall 
be presented before verification and acceptance of the charge by the 
third-party inspector.
    (3) Unless otherwise specified, borings shall be taken from the 
section of the pole extending from 1 foot below the face brand/tag to 1 
foot above the face brand/tag. For pressure treated Western Red Cedar, 
Alaska Yellow Cedar and all butt treated poles, borings shall be taken 
from the section of the pole approximately 1 foot below groundline.
    (4) For all species, core samples shall be taken from 20 poles in 
charges of 20 or more poles. If a charge consists of less than 20 poles, 
each pole shall be bored and then individual poles shall be bored a 
second time to obtain a minimum of 20 core samples. Any additional 
borings required to obtain the required 20 core samples shall be taken 
in a manner that represents the lot of material with respect to 
variations in size, seasoning condition, or other features that may 
affect the results of treatment.
    (5) Retention and penetration samples shall consist of borings 
representative of pole volumes for each class and length in the charge, 
as illustrated in the following table:

                                           Table 2 to Paragraph (e)(5)
----------------------------------------------------------------------------------------------------------------
                                                                                    % of total       Number of
                 Number of poles                   Class/length    Vol. in ft\3\       vol.         borings \2\
----------------------------------------------------------------------------------------------------------------
20..............................................            5/40             550              22               4
30..............................................            4/40             840              34               7
20..............................................            4/45             510              20               4
20..............................................            3/45             600              24               5
                                                                 ----------------
    Total.......................................  ..............           2,500  ..............
----------------------------------------------------------------------------------------------------------------
Note 2 to table 2 to paragraph (e)(5): Retention and penetration requirements for each different species and
  preservative are listed in Table 8 of Appendix A, RUS Bulletin 1728F-700, Specification for Wood Poles, Stubs
  and Anchor Logs (incorporated by reference at Sec.   1728.97).

    (6) Preservative retention analyses shall be performed per the 
standard AWPA U1, (incorporated by reference at Sec.  1728.97).
    (7) Penetration compliance of both poles and crossarms shall be 
determined in accordance with the standard AWPA A15 (incorporated by 
reference at Sec.  1728.97). Chrome Azurol S shall be used to determine 
the penetration of copper containing preservatives AWPA A69 
(incorporated by reference at Sec.  1728.97), Penta-Check shall be used 
to determine the penetration of penta AWPA A70 (incorporated by 
reference at Sec.  1728.97), and Red-O dye for penetration of DCOI AWPA 
A71 (incorporated by reference at Sec.  1728.97), respectively.
    (8) All bored holes created by penetration and retention sampling 
shall be promptly filled with tight fitting treated plugs.
    (9) Penetration sampling of poles shall be carried out as follows:
    (i) Group A poles (Those poles with a circumference of 37.5 inches 
or less at 6 feet from butt.):
    (A) Bore 20 poles or 20 percent of the poles in the charge, 
whichever is greater. Accept all poles in the charge for penetration if 
every boring in the sample conforms. If any sample fails penetration, 
bore all poles in the charge.

[[Page 232]]

    (B) If more than 15% of the poles in the charge are found to be 
nonconforming, the entire charge shall be retreated. If 15% or less are 
found to be nonconforming, remove and retreat only those that are 
nonconforming.
    (ii) Group B poles (Those poles with a circumference greater than 
37.5 inches at 6 feet from the butt.):
    (A) For Group B poles 45 feet and under, bore each pole in the 
charge. If more than 15% of these poles are found to be nonconforming, 
the entire charge shall be retreated. If 15% or less are found to be 
nonconforming, remove and retreat only those that are nonconforming.
    (B) For Group B poles 50 feet and over, bore each pole twice at 90 
degrees apart and accept only those poles conforming to penetration in 
both borings.
    (iii) Nonconforming poles may be treated only twice. The letter 
``R'' shall be added to the original charge number in the butts of all 
poles that are retreated. Poles failing to meet treatment requirements 
after two retreatments shall be permanently rejected and all brand and 
butt information removed.
    (f) Results of treatment--Crossarms. Retention and penetration 
samples shall be taken from not less than 20 crossarms in each charge. 
The sampling method and retention and penetration requirements for both 
Douglas-fir and Southern Yellow Pine crossarms are listed in Sec.  
1728.201.
    (g) Product acceptance. (1) Third party inspectors shall verify 
their acceptance of untreated poles that have been offered by the 
producer as conforming by marking each accepted piece in the tip with a 
clear, legible hammer stamp. Following treatment, inspectors shall 
verify their acceptance of treated poles that have been offered by the 
producer as conforming by marking each accepted piece in the butt with a 
clear, legible hammer stamp. Inspection marks are not to be placed in 
the butt surfaces of any poles prior to treatment and proper retention 
analysis and penetration testing being completed. The inspector shall 
personally mark each piece for acceptance and shall not delegate this 
responsibility to any other individual.
    (2) Third-party inspectors shall verify their acceptance of 
untreated crossarms that have been offered by the producer as conforming 
by marking each accepted piece in one end with a clear, legible hammer 
stamp. Following treatment, inspectors shall verify their acceptance of 
treated crossarms that have been offered by the producer as conforming 
by marking each accepted piece in the opposing end with a clear, legible 
hammer stamp. The inspector shall personally mark each piece for 
acceptance and shall not delegate this responsibility to any other 
individual.
    (3) Each inspector or inspection agency shall retain for a period of 
at least one year a copy or transcript of each pre-treatment inspection 
report and a copy of analytical worksheets covering retention and 
penetration test results for each treated charge of material inspected. 
On request, a copy or transcript of these reports shall be furnished to 
the Chairman, Technical Standards Committee ``A'', Rural Utilities 
Service, Washington, DC 20250-1569.
    (i) On each inspection report the third-party inspector and the 
plant quality control supervisor shall certify in writing that the 
material listed on the report has been properly inspected both before 
and after treatment and that the preservative used met the requirements 
of this section. Inspection reports shall also include the following 
information:
    (A) Conditioning details of the material prior to treatment.
    (B) Total number of pieces offered by the producer.
    (C) Number of pieces rejected by the inspector, cause for rejection.
    (D) Copy of preservative analysis (usually supplied by the 
preservative supplier).
    (E) Treating sheet containing details of treatment for each charge.
    (F) Separate worksheets for retention analyses done by the plant 
quality control supervisor and by the inspector.
    (G) Penetration result on each individual core boring taken from 
poles in the charge.
    (ii) [Reserved]
    (h) Laminated materials. (1) All lumber used to fabricate laminated 
materials

[[Page 233]]

shall be inspected and its grade verified by a qualified lumber grader, 
then marked appropriately.
    (2) Laminated materials shall comply with manufacturing requirements 
specified in ANSI O5.2 (incorporated by reference at Sec.  1728.97). 
Melamine urea adhesives shall not be used. Plant quality control 
procedures and any third-party inspection shall be conducted in 
accordance with AITC 200 (incorporated by reference at Sec.  1728.97), 
and Sec.  1728.201 (Bulletin 1728H-701).
    (3) Following treatment, laminated material shall be checked for 
proper preservative retention and penetration, and for any evidence of 
delamination. All conforming laminated materials shall be clearly marked 
with either an American Institute of Timber Construction (AITC) or 
American Plywood Association (APA) quality stamp.
    (i) Safety provisions. Poles intended for agency borrowers shall not 
be inspected when, in the opinion of the inspector, unsafe conditions 
are present.

[84 FR 28198, June 18, 2019, as amended at 86 FR 57021, Oct. 14, 2021; 
87 FR 26963, May 6, 2022]



Sec.  1728.203  Inspector's qualifications.

    Inspection agencies must assure borrowers that employees assigned to 
the inspection of timber products and preservative treatments are 
competent and experienced. In general, any of the following examples are 
considered as minimum qualifying experience before an individual may be 
permitted to inspect timber products for borrowers:
    (a) Three years of direct experience inspecting untreated and 
treated utility products; or
    (b) Three years of direct experience conducting in-plant quality 
control work at a treating plant producing treated utility products; or
    (c) Under the direct supervision of an experienced, qualified 
inspector, the individual shall have performed the following:
    (1) For poles, inspected at least 10,000 individual untreated poles, 
and checked preservative penetration on at least 3,000 individual poles;
    (2) For crossarms, inspected at least 5,000 individual untreated 
arms and checked penetration on at least 500 individual arms;
    (3) Conducted at least 100 retention assays, including at least 25 
analyses for each different preservative treatment being inspected.
    (d) In both paragraphs (a) and (b) of this section, the experience 
should be not less than that required in paragraph (c) of this section.
    (e) Individuals involved in the inspection of more than one 
commodity must have the minimum experience required in paragraph (c) of 
this section for each respective product.

[84 FR 28200, June 18, 2019]



Sec.  1728.204  Electric standards and specifications for materials 
and construction.

    (a) General specifications. This section details requirements for 15 
and 25 kV single phase, V-phase, and three-phase power cables for use on 
12.5/7.2 kV (15 kV rated) and 24.9/14.4 kV (25 kV rated) underground 
distribution systems with solidly multi-grounded neutral. Cable 
complying with this specification shall consist of solid or strand-
filled conductors which are insulated with tree-retardant cross-linked 
polyethylene (TR-XLPE) or ethylene propylene rubber (EPR), with 
concentrically wound copper neutral conductors covered by a 
nonconducting or semiconducting jacket. 35 kV rated cables may be used 
in 24.9/14.4 kV application where additional insulation is desired.
    (1) The cable may be used in single-phase, two (V)-phase, or three-
phase circuits.
    (2) Acceptable conductor sizes are: No. 2 AWG (33.6 mm\2\) through 
1000 kcmil (507 mm\2\) for 15 kV cable, No. 1 AWG (42.4 mm\2\) through 
1000 kcmil (507 mm\2\) for 25 kV, and 1/0 (53.5 mm\2\) through 1000 
kcmil (507 mm\2\) for 35 kV cable.
    (3) Except where provisions therein conflict with the requirements 
of this specification, the cable shall meet all applicable provisions of 
ANSI/ICEA S-94-649-2004 (incorporated by reference in Sec.  1728.97). 
Where provisions of the ANSI/ICEA specification conflict with this 
section, Sec.  1728.204 shall apply.
    (b) Definitions. As used in this section:
    Agency refers to the Rural Utilities Service (RUS), an agency of the 
United States Department of Agriculture's

[[Page 234]]

(USDA), hereinafter referred to as the Agency.
    EPR Insulating Compound is a mixture of ethylene propylene base 
resin and selected ingredients.
    TR-XLPE Insulating Compound is a tree retardant crosslinked 
polyethylene (TR-XLPE) insulation compound containing an additive, a 
polymer modification filler, which helps to retard the growth of 
electrical trees in the compound.
    (c) Phase conductors. (1) Central phase conductors shall be copper 
or aluminum as specified by the borrower within the limit of Sec.  
1728.204(a)(2).
    (2) Central copper phase conductors shall be annealed copper in 
accordance with ASTM B 3-01 (incorporated by reference in Sec.  
1728.97). Concentric-lay-stranded phase conductors shall conform to ASTM 
B 8-04 (incorporated by reference in Sec.  1728.97) for Class B 
stranding. Compact round concentric-lay-stranded phase conductors shall 
conform to ASTM B 496-04 (incorporated by reference in Sec.  1728.97). 
Combination unilay stranded phase conductors shall conform to ASTM B 
787/B 787M-04 (incorporated by reference in Sec.  1728.97). Compact 
round atranded copper conductors using single input wire construction 
shall conform to ASTM B835-04 (incorporated by reference in Sec.  
1728.97). Compressed round stranded copper conductors, hard, medium-
hard, or soft using single input wire construction shall conform to ASTM 
B902-04a (incorporated by reference in Sec.  1728.97). If not specified, 
stranded phase conductors shall be Class B stranded.
    (3) Central aluminum phase conductors shall be one of the following:
    (i) Solid: Aluminum 1350 H12 or H22, H14 or H24, H16 or H26, in 
accordance with ASTM B 609/B 609M-99 (incorporated by reference in Sec.  
1728.97).
    (ii) Stranded: Aluminum 1350 H14 or H24, H142 or H242, H16, or H26, 
in accordance with ASTM B 609/B 609M-99 (incorporated by reference in 
Sec.  1728.97) or Aluminum 1350-H19 in accordance with ASTM B 230/B 
230M-07 (incorporated by reference in Sec.  1728.97). Concentric-lay-
stranded (includes compacted and compressed) phase conductors shall 
conform to ASTM B 231/B 231M-04 (incorporated by reference in Sec.  
1728.97) for Class B stranding. Compact round concentric-lay-stranded 
phase conductors shall conform to ASTM B 400-08 (incorporated by 
reference in Sec.  1728.97). Combination unilay stranded aluminum phase 
conductors shall conform to ASTM B 786-08 (incorporated by reference in 
Sec.  1728.97). If not specified, stranded phase conductors shall be 
class B stranded.
    (4) The interstices between the strands of stranded conductors shall 
be filled with a material designed to fill the interstices and to 
prevent the longitudinal migration of water that might enter the 
conductor. This material shall be compatible with the conductor and 
conductor shield materials. The surfaces of the strands that form the 
outer surface of the stranded conductor shall be free of the strand fill 
material. Compatibility of the strand fill material with the conductor 
shield shall be tested and shall be in compliance with ICEA T-32-645-93 
(incorporated by reference in Sec.  1728.97). Water penetration shall be 
tested and shall be in compliance with ANSI/ICEA T-31-610-2007 
(incorporated by reference in Sec.  1728.97).
    (5) The center strand of stranded conductors shall be indented with 
the manufacturer's name and year of manufacture at regular intervals 
with no more than 12 inches (0.3 m) between repetitions.
    (d) Conductor shield (stress control layer). A non-conducting (for 
discharge resistant EPR) or semi-conducting shield (stress control 
layer) meeting the applicable requirements of ANSI/ICEA S-94-649-2004 
(incorporated by reference in Sec.  1728.97) shall be extruded around 
the central conductor. The minimum thickness at any point shall be in 
accordance with ANSI/ICEA S-94-649-2004. The void and protrusion limits 
on the conductor shield shall be in compliance with ANSI/ICEA S-94-649-
2004. The shield shall have a nominal operating temperature equal to, or 
higher than, that of the insulation.
    (e) Insulation. (1) The insulation shall conform to the requirements 
of ANSI/ICEA S-94-649-2004 (incorporated by reference in Sec.  1728.97) 
and may either be tree retardant cross-linked polyethylene (TR-XLPE) or 
ethylene propylene rubber (EPR), as specified by

[[Page 235]]

the borrower. The void and protrusion limits on the insulation shall be 
in compliance with ANSI/ICEA S-94-649-2004.
    (2) The thickness of insulation shall be as follows:

 
----------------------------------------------------------------------------------------------------------------
        Cable rated voltage           Nominal thickness      Minimum thickness           Maximum thickness
----------------------------------------------------------------------------------------------------------------
15 kV.............................  220 mils (5.59 mm)...  210 mils (5.33 mm)...  250 mils (6.35 mm).
25 kV.............................  260 mils (6.60 mm)...  245 mils (6.22 mm)...  290 mils (7.37 mm).
35 kV.............................  345 mils (8.76 mm)...  330 mils (8.38 mm)...  375 mils (9.53 mm).
----------------------------------------------------------------------------------------------------------------

    (f) Insulation shield. (1) A semi-conducting thermosetting polymeric 
layer meeting the requirements of ANSI/ICEA S-94-649-2004 (incorporated 
by reference in Sec.  1728.97) shall be extruded tightly over the 
insulation to serve as an electrostatic shield and protective covering. 
The shield compound shall be compatible with, but not necessarily the 
same material composition as, that of the insulation (e.g., cross-linked 
polyethylene shield may be used with EPR insulation). The void and 
protrusion limits on the semi-conducting shields shall be in compliance 
with the ANSI/ICEA S-94-649-2004.
    (2) The thickness of the extruded insulation shield shall be in 
accordance with ANSI/ICEA S-94-649-2004 (incorporated by reference in 
Sec.  1728.97).
    (3) The shield shall be applied such that all conducting material 
can be easily removed without the need for externally applied heat. 
Stripping tension values shall be 3 through 18 pounds (1.36 through 8.16 
kg) for TR-XLPE and EPR discharge free cables. Discharge resistant 
cables shall have strip tension of 0 through 18 pounds (0 through 8.16 
kg).
    (4) The insulation shield shall meet all applicable tests of ANSI/
ICEA S-94-649-2004 (incorporated by reference in Sec.  1728.97).
    (g) Concentric neutral conductor. (1) Concentric neutral conductor 
shall consist of annealed round, uncoated copper wires in accordance 
with ASTM B 3-01 (incorporated by reference in Sec.  1728.97) and shall 
be spirally wound over the shielding with uniform and equal spacing 
between wires. The concentric neutral wires shall remain in continuous 
intimate contact with the extruded insulation shield. Full neutral is 
required for single phase and \1/3\ neutral for three phase applications 
unless otherwise specified. The minimum wire size for the concentric 
neutral is 16 AWG (1.32 mm\2\).
    (2) When a strap neutral is specified by the borrower, the neutral 
shall consist of uncoated copper straps applied concentrically over the 
insulation shield with uniform and equal spacing between straps and 
shall remain in intimate contact with the underlying extruded insulation 
shield. The straps shall not have sharp edges. The thickness of the flat 
straps shall be not less than 20 mils (0.5 mm).
    (h) Overall outer jacket. (1) An electrically nonconducting 
(insulating) or semi-conducting outer jacket shall be applied directly 
over the concentric neutral conductors.
    (2) The jacket material shall fill the interstice area between 
conductors, leaving no voids. The jacket shall be free stripping. The 
jacket shall have three red stripes longitudinally extruded into the 
jacket surface 120[deg] apart.
    (3) Nonconducting jackets shall consist of low density, linear low 
density, medium density, or high density HMW black polyethylene (LDPE, 
LLDPE, MDPE, HDPE) compound meeting the requirements of ANSI/ICEA S-94-
649-2004 (incorporated by reference in Sec.  1728.97) and ASTM D 1248-05 
(incorporated by reference in Sec.  1728.97) for Type I, Class C, 
Category 4 or 5, Grade J3 before application to the cable. Polyvinyl 
chloride (PVC) and chlorinated polyethylene (CPE) jackets are not 
acceptable.
    (4) Semi-conducting jackets shall have a maximum radial resistivity 
of 100 ohm-meter and a maximum moisture vapor transmission rate of 1.5 
g/m\2\/24 hours at 38 [deg]C (100 [deg]F) and 90 percent relative 
humidity in accordance

[[Page 236]]

with ASTM E 96/E96M-05 (incorporated by reference in Sec.  1728.97).
    (5) The minimum thickness of the jacket over metallic neutral wires 
or straps shall comply with the thickness specified in ANSI/ICEA S-94-
649-2004 (incorporated by reference in Sec.  1728.97).
    (i) Tests. (1) As part of a request for Agency consideration for 
acceptance and listing, the manufacturer shall submit certified test 
data results to the Agency that detail full compliance with ANSI/ICEA S-
94-649-2004 (incorporated by reference in Sec.  1728.97) for each cable 
design.
    (i) Test results shall confirm compliance with each of the material 
tests, production sampling tests, tests on completed cable, and 
qualification tests included in ANSI/ICEA S-94-649-2004 (incorporated by 
reference in Sec.  1728.97).
    (ii) The testing procedure and frequency of each test shall be in 
accordance with ANSI/ICEA S-94-649-2004 (incorporated by reference in 
Sec.  1728.97).
    (iii) Certified test data results shall be submitted to the Agency 
for any test, which is designated by ANSI/ICEA S-94-649-2004 
(incorporated by reference in Sec.  1728.97) as being ``for Engineering 
Information Only,'' or any similar designation.
    (2) Partial discharge tests. Manufacturers shall demonstrate that 
their cable is not adversely affected by excessive partial discharge. 
This demonstration shall be made by completing the procedures described 
in paragraphs (i)(2)(i) and (i)(2)(ii) of this section.
    (i) Each shipping length of completed cable shall be tested and have 
certified test data results available indicating compliance with the 
partial discharge test requirements in ANSI/ICEA S-94-649-2004 
(incorporated by reference in Sec.  1728.97).
    (ii) Manufacturers shall test production samples and have available 
certified test data results indicating compliance with ASTM D 2275-01 
(incorporated by reference in Sec.  1728.97) for discharge resistance as 
specified in the ANSI/ICEA S-94-649-2004 (incorporated by reference in 
Sec.  1728.97). Samples of insulated cable shall be prepared by either 
removing the overlying extruded insulation shield material, or using 
insulated cable before the extruded insulation shield material is 
applied. The sample shall be mounted as described in ASTM D 2275-01 and 
shall be subjected to a voltage stress of 250 volts per mil of nominal 
insulation thickness. The sample shall support this voltage stress, and 
not show evidence of degradation on the surface of the insulation for a 
minimum of 100 hours. The test shall be performed at least once on each 
50,000 feet (15,240 m) of cable produced, or major fractions thereof, or 
at least once per insulation extruder run.
    (3) Jacket tests. Tests described in paragraph (i)(3)(i) of this 
section shall be performed on cable jackets from the same production 
sample as in paragraphs (i)(2)(i) and (i)(2)(ii) of this section.
    (i) A Spark Test shall be performed on nonconducting jacketed cable 
in accordance with ANSI/ICEA S-94-649-2004 (incorporated by reference in 
Sec.  1728.97) on 100 percent of the completed cable prior to its being 
wound on shipping reels. The test voltage shall be 4.5 kV AC for cable 
diameters <1.5 inches and 7.0 kV for cable diameters 1.5 
inches, and shall be applied between an electrode at the outer surface 
of the nonconducting (insulating) jacket and the concentric neutral for 
not less than 0.15 second.
    (ii) [Reserved]
    (4) Frequency of sample tests shall be in accordance with ANSI/ICEA 
S-94-649-2004 (incorporated by reference in Sec.  1728.97).
    (5) If requested by the borrower, a certified copy of the results of 
all tests performed in accordance with this section shall be furnished 
by the manufacturer on all orders.
    (j) Miscellaneous. (1) All cable provided under this specification 
shall have suitable markings on the outer surface of the jacket at 
sequential intervals not exceeding 2 feet (0.61 m). The label shall 
indicate the name of the manufacturer, conductor size, type and 
thickness of insulation, center conductor material, voltage rating, year 
of manufacture, and jacket type. There shall be no more than 6 inches 
(0.15 m) of unmarked spacing between texts label sequence. The jacket 
shall be marked with the symbol required by Rule 350G of the National 
Electrical

[[Page 237]]

Safety Code and the borrower shall specify any markings required by 
local safety codes. This is in addition to extruded red stripes required 
in this section.
    (2) Watertight seals shall be applied to all cable ends to prevent 
the entrance of moisture during transit or storage. Each end of the 
cable shall be firmly and properly secured to the reel.
    (3) Cable shall be placed on shipping reels suitable for protecting 
it from damage during shipment and handling. Reels shall be covered with 
a suitable covering to help provide physical protection to the cable.
    (4) A durable label shall be securely attached to each reel of 
cable. The label shall indicate the purchaser's name and address, 
purchase order number, cable description, reel number, feet of cable on 
the reel, tare and gross weight of the reel, and beginning and ending 
sequential footage numbers.

[77 FR 19529, Apr. 2, 2012]



PART 1730_ELECTRIC SYSTEM OPERATIONS AND MAINTENANCE--Table of Contents



                            Subpart A_General

Sec.
1730.1 Introduction.
1730.2 RUS policy.
1730.3 RUS addresses.
1730.4 Definitions.
1730.5-1730.19 [Reserved]

            Subpart B_Operations and Maintenance Requirements

1730.20 General.
1730.21 Inspections and tests.
1730.22 Borrower analysis.
1730.23 Review rating summary, RUS Form 300.
1730.24 RUS review and evaluation.
1730.25 Corrective action.
1730.26 Certification.
1730.27 Vulnerability and Risk Assessment (VRA).
1730.28 Emergency Restoration Plan (ERP).
1730.29 Grants and Grantees.
1730.30-1730.59 [Reserved]

           Subpart C_Interconnection of Distributed Resources

1730.60 General.
1730.61 RUS policy.
1730.62 Definitions.
1730.63 IDR policy criteria.
1730.64 Power purchase agreements.
1730.65 Effective dates.
1730.66 Administrative waiver.
1730.67-99 [Reserved]
1730.100 OMB Control Number.

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

    Source: 63 FR 3450, Jan. 23, 1998, unless otherwise noted.



                            Subpart A_General



Sec.  1730.1  Introduction.

    (a) This part contains the policies and procedures of the Rural 
Utilities Service (RUS) related to electric borrowers' operation and 
maintenance practices and RUS' review and evaluation of such practices.
    (b) The policies and procedures included in this part apply to all 
electric borrowers (both distribution borrowers and power supply 
borrowers) and are intended to clarify and implement certain provisions 
of the security instrument and loan contract between RUS and electric 
borrowers regarding operations and maintenance. This part is not 
intended to waive or supersede any provisions of the security instrument 
and loan contract between RUS and electric borrowers.
    (c) The Administrator may waive, for good cause, on a case by case 
basis, certain requirements and procedures of this part.



Sec.  1730.2  RUS policy.

    It is RUS policy to require that all property of a borrower be 
operated and maintained properly in accordance with the requirements of 
each borrower's loan documents. It is also RUS policy to provide 
financial assistance only to borrowers whose operations and maintenance 
practices and records are satisfactory or to those who are taking 
corrective actions expected to make their operations and maintenance 
practices and records satisfactory to RUS.



Sec.  1730.3  RUS addresses.

    (a) Persons wishing to obtain forms referred to in this part should 
contact: Program Support and Regulatory Analysis, Rural Utilities 
Service, U.S. Department of Agriculture, Stop 1522, 1400 Independence 
Ave., SW., Washington, DC 20250-1522, telephone (202) 720-8674.

[[Page 238]]

Borrowers or others may reproduce any of these forms in any number 
required.
    (b) Documents required to be submitted to RUS under this part are to 
be sent to the office of the borrower's assigned RUS General Field 
Representative (GFR) or such other office as designated by RUS.



Sec.  1730.4  Definitions.

    Terms used in this part have the meanings set forth in 7 CFR Part 
1710.2. References to specific RUS forms and other RUS documents, and to 
specific sections or lines of such forms and documents, shall include 
the corresponding forms, documents, sections and lines in any subsequent 
revisions of these forms and documents. In addition to the terms defined 
in 7 CFR Part 1710.2, the term Prudent Utility Practice has the meaning 
set forth in Article 1, Section 1.01 of Appendix A to Subpart B of 7 CFR 
Part 1718--Model Form of Mortgage for Electric Distribution Borrowers, 
for the purposes of this Part.



Sec. Sec.  1730.5-1730.19  [Reserved]



            Subpart B_Operations and Maintenance Requirements



Sec.  1730.20  General.

    Each electric program distribution, transmission and generation 
borrower (as defined in Sec.  1710.2) shall operate and maintain its 
system in compliance with prudent utility practice, in compliance with 
its loan documents, and in compliance with all applicable laws, 
regulations and orders, shall maintain its systems in good repair, 
working order and condition, and shall make all needed repairs, 
renewals, replacements, alterations, additions, betterments and 
improvements, in accordance with applicable provisions of the borrower's 
security instrument. Each borrower is responsible for on-going 
operations and maintenance programs, individually or regionally 
performing a system security Vulnerability and Risk Assessment (VRA), 
establishing and maintaining an Emergency Restoration Plan (ERP), 
maintaining records of the physical, cyber and electrical condition and 
security of its electric system and for the quality of services provided 
to its customers. The borrower is also responsible for all necessary 
inspections and tests of the component parts of its system, and for 
maintaining records of such inspections and tests. Each borrower shall 
budget sufficient resources to operate and maintain its system and 
annually exercise its ERP in accordance with the requirements of this 
part. An actual manmade or natural event on the borrowers system in 
which a borrower utilizes a significant portion of its ERP shall count 
as an annual exercise for that calendar year, provided that after 
conclusion of the event, the borrower verifies accuracy of the emergency 
points-of-contact (POC) and the associated contact numbers as listed in 
their ERP. For portions of the borrower's system that are not operated 
by the borrower, if any, the borrower is responsible for ensuring that 
the operator is operating and maintaining the system properly in 
accordance with the operating agreement.

[69 FR 60540, Oct. 12, 2004]



Sec.  1730.21  Inspections and tests.

    (a) Each borrower shall conduct all necessary inspections and tests 
of the component parts of its electric system, annually exercise its 
ERP, and maintain records of such inspections and tests. For the purpose 
of this part, ``Exercise'' means a borrower's Tabletop execution of, or 
actual implementation of, the ERP to verify the operability of the ERP. 
Such Exercise may be performed singly by an individual borrower, or as 
an active participant in a multi-party (to include utilities, government 
agencies and other participants or combination thereof) Tabletop 
execution or actual full implementation of the ERP. For the purpose of 
this part, ``Tabletop'' means a hypothetical emergency response scenario 
in which participants will identify the policy, communication, 
resources, data, coordination, and organizational elements associated 
with an emergency response.
    (b) The frequency of inspection and testing will be determined by 
the borrower in conformance with applicable laws, regulations, national 
standards, and Prudent Utility Practice. The frequency of inspection and 
testing will

[[Page 239]]

be determined giving due consideration to the type of facilities or 
equipment, manufacturer's recommendations, age, operating environment 
and hazards to which the facilities are exposed, consequences of 
failure, and results of previous inspections and tests. The records of 
such inspections and tests will be retained in accordance with 
applicable regulatory requirements and Prudent Utility Practice. The 
retention period should be of a sufficient time period to identify long-
term trends. Records must be retained at least until the applicable 
inspections or tests are repeated.
    (c) Inspections of facilities must include a determination of 
whether the facility complies with the National Electrical Safety Code, 
National Electrical Code (as applicable), and applicable State or local 
regulations and whether additional security measures are considered 
necessary to reduce the vulnerability of those facilities which, if 
damaged or destroyed, would severely impact the reliability and security 
of the electric power grid, cause significant risk to the safety and 
health of the public and/or impact the ability to provide service to 
consumers over an extended period of time. The electric power grid, also 
known as the transmission grid, consists of a network of electrical 
lines and related facilities, including certain substations, used to 
connect distribution facilities to generation facilities, and includes 
bulk transmission and subtransmission facilities as defined in Sec.  
1710.2 of this title. Any serious or life-threatening deficiencies shall 
be promptly repaired, disconnected, or isolated in accordance with 
applicable codes or regulations. Any other deficiencies found as a 
result of such inspections and tests are to be recorded and those 
records are to be maintained until such deficiencies are corrected or 
for the retention period required by paragraph (b) of this section, 
whichever is longer.

[63 FR 3450, Jan. 23, 1998, as amended at 69 FR 60540, Oct. 12, 2004]



Sec.  1730.22  Borrower analysis.

    (a) Each borrower shall periodically analyze and document its 
security, operations and maintenance policies, practices, and procedures 
to determine if they are appropriate and if they are being followed. The 
records of inspections and tests are also to be reviewed and analyzed to 
identify any trends which could indicate deterioration in the physical 
or cyber condition or the operational effectiveness of the system or 
suggest a need for changes in security, operations or maintenance 
policies, practices and procedures. For portions of the borrower's 
system that are not operated by the borrower, if any, the borrower's 
written analysis would also include a review of the operator's 
performance under the operating agreement.
    (b) When a borrower's security, operations and maintenance policies, 
practices, and procedures are to be reviewed and evaluated by RUS, the 
borrower shall:
    (1) Conduct the analysis required by paragraph (a) of this section 
not more than 90 days prior to the scheduled RUS review;
    (2) Complete RUS Form 300, Review Rating Summary, and other related 
forms, prior to RUS' review and evaluation; and
    (3) Make available to RUS the borrower's completed RUS Form 300 
(including a written explanation of the basis for each rating) and 
records related to the operations and maintenance of the borrower's 
system.
    (c) For those facilities not included on the RUS Form 300 (e.g., 
generating plants), the borrower shall prepare and complete an 
appropriate supplemental form for such facilities.

[63 FR 3450, Jan. 23, 1998, as amended at 69 FR 60541, Oct. 12, 2004]



Sec.  1730.23  Review rating summary, RUS Form 300.

    The RUS Form 300 is available from RUS and shall be used when 
required by this part.

[86 FR 36198, July 9, 2021]



Sec.  1730.24  RUS review and evaluation.

    RUS will initiate and conduct a periodic review and evaluation of 
the operations and maintenance practices of each borrower for the 
purpose of assessing loan security and determining borrower compliance 
with RUS policy as outlined in this part. This review

[[Page 240]]

will normally be done at least once every three years. The borrower will 
make available to RUS the borrower's policies, procedures, and records 
related to the operations and maintenance of its complete system. 
Reports made by other inspectors (e.g., other Federal agencies, State 
inspectors, etc.) will also be made available, as applicable. RUS will 
not duplicate these other reviews but will use their reports to 
supplement its own review. RUS may inspect facilities, as well as 
records, and may also observe construction and maintenance work in the 
field. Key borrower personnel responsible for the facilities being 
inspected are to accompany RUS during such inspections, unless otherwise 
determined by RUS. RUS personnel may prepare an independent summary of 
the operations and maintenance practices of the borrower. The borrower's 
management will discuss this review and evaluation with its Board of 
Directors.



Sec.  1730.25  Corrective action.

    (a) For any items on the RUS Form 300 rated unsatisfactory (i.e., 0 
or 1) by the borrower or by RUS, the borrower shall prepare a corrective 
action plan (CAP) outlining the steps (both short term and long term) 
the borrower will take to improve existing conditions and to maintain an 
acceptable rating. The CAP must include a time schedule and cost 
estimate for corrective actions, and must be approved by the borrower's 
Board of Directors. The CAP must be submitted to RUS for approval within 
90 days after the completion of RUS' evaluation noted in Sec.  1730.24.
    (b) The borrower must periodically report to RUS in writing progress 
under the CAP. This report must be submitted to RUS every six months 
until all unsatisfactory items are corrected unless RUS prescribes a 
different reporting schedule.



Sec.  1730.26  Certification.

    (a) Engineer's certification. Where provided for in the borrower's 
loan documents, RUS may require the borrower to provide an ``Engineer's 
Certification'' as to the condition of the borrower's system (including, 
but not limited to, all mortgaged property.) Such certification shall be 
in form and substance satisfactory to RUS and shall be prepared by a 
professional engineer satisfactory to RUS. If RUS determines that the 
Engineer's Certification discloses a need for improvements to the 
condition of its system or any other operations of the borrower, the 
borrower shall, upon notification by RUS, promptly undertake to 
accomplish such improvements.
    (b) Emergency Restoration Plan certification. The borrower's Manager 
or Chief Executive Officer shall provide written certification to RUS 
stating that a VRA has been satisfactorily completed that meets the 
criteria of Sec.  1730.27 (a), (b), (c), or (d), as applicable and Sec.  
1730.27(e)(1) through (e)(8), and that the borrower has an ERP that 
meets the criteria of Sec.  1730.28 (a), (b), (c), or (d), as 
applicable, and Sec.  1730.28 (e), (f), and (g). The written 
certification shall be in letter form. Applicants for new RUS electric 
loans, loan guarantees or grants shall include the written certification 
in the application package submitted to RUS. If the self-certification 
of an ERP and VRA are not received as set forth in this section, 
approval of the loan, loan guarantees or grants will not be considered 
until the certifications are received by RUS.

[63 FR 3450, Jan. 23, 1998, as amended at 69 FR 60541, Oct. 12, 2004]



Sec.  1730.27  Vulnerability and Risk Assessment (VRA).

    (a) Each borrower with an approved RUS electric program loan shall 
perform an initial VRA of its electric system. Additional or periodic 
VRA's may be necessary if significant changes occur in the borrower's 
system, and records of such additional assessments shall be maintained 
by the borrower.
    (b) Each applicant that submits an application for an RUS electric 
program loan or grant shall include with its application package a 
letter certification that such applicant has performed an initial VRA of 
its electric system. Additional or periodic VRA's may be necessary if 
significant changes occur in the borrower's system, and records of such 
additional assessments shall be maintained by the borrower.
    (c) The VRA shall include identifying:

[[Page 241]]

    (1) Critical assets or facilities considered necessary for the 
reliability and security of the electric power grid as described in 
Sec.  1730.21(c);
    (2) Facilities that if damaged or destroyed would cause significant 
risk to the safety and health of the public;
    (3) Critical assets or infrastructure owned or served by the 
borrower's electric system that are determined, identified and 
communicated as elements of national security by the consumer, State or 
Federal government;
    (4) External system impacts (interdependency) with loss of 
identified system components;
    (5) Threats to facilities and assets identified in paragraphs (c)(1) 
through (4) of this section;
    (6) Criticality and risk level of the borrower's system;
    (7) Critical asset components and elements unique to the RUS 
borrower's system; and
    (8) Other threats, if any, identified by an individual borrower.

[69 FR 60541, Oct. 12, 2004, as amended at 87 FR 73443, Nov. 30, 2022]



Sec.  1730.28  Emergency Restoration Plan (ERP).

    (a) Each borrower shall have a written ERP. The ERP should be 
developed by the borrower individually or in conjunction with other 
electric utilities (not all having to be RUS borrowers) through the 
borrower's unique knowledge of its system, prudent utility practices 
(which includes development of an ERP) and the borrower's completed VRA. 
If a joint electric utility ERP is developed, each RUS borrower shall 
prepare an addendum to meet the requirements of paragraphs (c) through 
(e) of this section as it relates to its system.
    (b) Each applicant that submits an application for an RUS electric 
program loan or grant shall include with its application package a 
letter certification that such applicant has a written ERP.
    (c) The ERP shall include:
    (1) A list of key contact emergency telephone numbers (emergency 
agencies, borrower management and other key personnel, contractors and 
equipment suppliers, other utilities, and others that might need to be 
reached in an emergency);
    (2) A list of key utility management and other personnel and 
identification of a chain of command and delegation of authority and 
responsibility during an emergency;
    (3) Procedures for recovery from loss of power to the headquarters, 
key offices, and/or operation center facilities;
    (4) A Business Continuity Section describing a plan to maintain or 
re-establish business operations following an event which disrupts 
business systems (computer, financial, and other business systems);
    (5) A section describing a plan to comply with the eligibility 
requirements to qualify for the FEMA Public Assistance Grant Program; 
and
    (6) Other items, if any, identified by the borrower as essential for 
inclusion in the ERP.
    (d) The ERP must be approved and signed by the borrower's Manager or 
Chief Executive Officer, and approved by the borrower's Board of 
Directors.
    (e) Copies of the most recent approved ERP must be made readily 
available to key personnel at all times.
    (f) The ERP shall be Exercised at least annually to ensure 
operability and employee familiarity.
    (g) If modifications are made to an existing ERP:
    (1) The modified ERP must be prepared in compliance with the 
provisions of paragraphs (c) through (e) of this section; and
    (2) Additional Exercises may be necessary to maintain employee 
operability and familiarity.
    (h) Each borrower shall maintain records of such Exercises.

[69 FR 60541, Oct. 12, 2004, as amended at 76 FR 47056, Aug. 4, 2011; 87 
FR 73443, Nov. 30, 2022]



Sec.  1730.29  Grants and Grantees.

    For the purposes of this part, the terms ``borrower'' shall include 
recipients of RUS electric program grants, and ``applicant'' shall 
include applicants for such grants. References to ``security documents'' 
shall, with respect to recipients of RUS electric program grants, 
include grant agreements and other grant-related documents.

[69 FR 60541, Oct. 12, 2004]

[[Page 242]]



Sec. Sec.  1730.30-1730.59  [Reserved]



           Subpart C_Interconnection of Distributed Resources

    Source: 74 FR 32409, July 8, 2009, unless otherwise noted.



Sec.  1730.60  General.

    Each electric program distribution borrower (as defined in Sec.  
1710.2) is responsible for establishing and maintaining a written 
standard policy relating to the Interconnection of Distributed Resources 
(IDR) having an installed capacity of not more than 10 megavolt amperes 
(MVA) at the point of common coupling.



Sec.  1730.61  RUS policy.

    The Distributed Resource facility must not cause significant 
degradation of the safety, power quality, or reliability on the 
borrower's electric power system or other electric power systems 
interconnected to the borrower's electric power system. The Agency 
encourages borrowers to consider model policy templates developed by 
knowledgeable and expert institutions, such as, but not limited to the 
National Association of Regulatory Utility Commissioners, the Federal 
Energy Regulatory Commission and the National Rural Electric Cooperative 
Association. The Agency encourages all related electric borrowers to 
cooperate in the development of a common Distributed Resource policy.



Sec.  1730.62  Definitions.

    ``Distributed resources'' as used in this subpart means sources of 
electric power that are not directly connected to a bulk power 
transmission system, having an installed capacity of not more than 10 
MVA, connected to the borrower's electric power system through a point 
of common coupling. Distributed resources include both generators and 
energy storage technologies.
    ``Responsible party'' as used in this subpart means the owner, 
operator or any other person or entity that is accountable to the 
borrower under the borrower's interconnection policy for Distributed 
Resources.



Sec.  1730.63  IDR policy criteria.

    (a) General. (1) The borrower's IDR policy and procedures shall be 
readily available to the public and include, but not limited to, a 
standard application, application process, application fees, and 
agreement.
    (2) All costs to be recovered from the applicant regarding the 
application process or the actual interconnection and the process to 
determine the costs are to be clearly explained to the applicant and 
authorized by the applicant prior to the borrower incurring these costs. 
The borrower may require separate non-refundable deposits sufficient to 
insure serious intent by the applicant prior to proceeding either with 
the application or actual interconnection process.
    (3) IDR policies must be approved by the borrower's Board of 
Directors.
    (4) The borrower may establish a new rate classification for 
customers with Distributed Resources.
    (5) IDR policies should be reconsidered and updated periodically in 
a manner that is consistent with prudent utility practice.
    (b) Technical requirements. (1) IDR policies must be consistent with 
prudent electric utility practice.
    (2) IDR policies must provide for appropriate electric power system 
disconnect facilities, as determined by the borrower, which shall 
include a lockable disconnect and a visible open, that are readily 
accessible to and operable by authorized personnel at all times.
    (3) IDR policies must provide for borrower access to the Distributed 
Resources facility during normal business hours and all emergency 
situations.
    (c) Responsible Party obligations. IDR policies must provide for 
appropriate Responsible Parties to assume the following risks and 
responsibilities:
    (1) A Responsible Party must agree to maintain appropriate liability 
insurance as outlined in the borrower's interconnection policy.
    (2) A Responsible Party must be responsible for the Distributed 
Resources compliance with all national, State, local government 
requirements and electric utility standards for the safety of the public 
and personnel responsible for utility electric power system operations, 
maintenance and repair.

[[Page 243]]

    (3) A Responsible Party must be responsible for the safe and 
effective operation and maintenance of the facility.
    (4) Only Responsible Parties may apply for interconnection and the 
Responsible Party must demonstrate that the facility will be capably 
developed, constructed and operated, maintained, and repaired.

[74 FR 32409, July 8, 2009, as amended at 87 FR 73443, Nov. 30, 2022]



Sec.  1730.64  Power purchase agreements.

    Nothing in this subpart requires the borrower to enter into purchase 
power arrangements with the owner of the Distributed Resources.



Sec.  1730.65  Effective dates.

    All electric program applicants shall provide a letter of 
certification executed by the General Manager stating that the borrower 
meets the requirements of this subpart before such loan may be approved.

[87 FR 73443, Nov. 30, 2022]



Sec.  1730.66  Administrative waiver.

    The Administrator may waive in all or part, for good cause, the 
requirements and procedures of this subpart.



Sec. Sec.  1730.67-1730.99  [Reserved]



Sec.  1730.100  OMB Control Number.

    The Information collection requirements in this part are approved by 
the Office of Management and Budget and assigned OMB control number 
0572-0141.



PART 1734_DISTANCE LEARNING AND TELEMEDICINE LOAN AND GRANT PROGRAMS--
Table of Contents



  Subpart A_Distance Learning and Telemedicine Loan and Grant Programs_
                                 General

Sec.
1734.1 Purpose.
1734.2 Policy.
1734.3 Definitions.
1734.4 Applicant eligibility and allocation of funds.
1734.5 Processing of selected applications.
1734.6 Disbursement of loans and grants.
1734.7 Reporting and oversight requirements.
1734.8 Audit requirements.
1734.9 Grant and loan administration.
1734.10 Changes in project objectives or scope.
1734.11 Grant and loan termination.
1734.12 Expedited telecommunications loans.
1734.13-1734.19 [Reserved]

       Subpart B_Distance Learning and Telemedicine Grant Program

1734.20 [Reserved]
1734.21 Approved purposes for grants.
1734.22 Matching contributions.
1734.23 Nonapproved purposes for grants.
1734.24 Maximum and minimum grant amounts.
1734.25 Completed application.
1734.26 Criteria for scoring grant applications.
1734.27 Application selection provisions.
1734.28 Submission of applications.
1734.29 Appeals.

Subpart C_Distance Learning and Telemedicine Combination Loan and Grant 
                                 Program

1734.30 Use of combination loan and grant.
1734.31 Approved purposes for a combination loan and grant.
1734.32 Nonapproved purposes for a combination loan and grant.
1734.33 Maximum and minimum amounts.
1734.34 Completed application.
1734.35 Application selection provisions.
1734.36 Submission of applications.
1734.37 Appeals.
1734.38-1734.39 [Reserved]

        Subpart D_Distance Learning and Telemedicine Loan Program

1734.40 Use of loan funds.
1734.41 Approved purposes for loans.
1734.42 Non-approved purposes for loans.
1734.43 Maximum and minimum amounts.
1734.44 Completed application.
1734.45 Application selection provisions.
1734.46 Submission of applications.
1734.47 Appeals.

    Authority: 7 U.S.C. 901 et seq. and 950aaa et seq.

    Source: 82 FR 55925, Nov. 27, 2017, unless otherwise noted.

[[Page 244]]



  Subpart A_Distance Learning and Telemedicine Loan and Grant Program_
                                 General



Sec.  1734.1  Purpose.

    The purpose of the Distance Learning and Telemedicine (DLT) Loan and 
Grant Program is to encourage and improve telemedicine services and 
distance learning services in rural areas through the use of 
telecommunications, computer networks, and related advanced technologies 
by students, teachers, medical professionals, and rural residents. This 
subpart describes the general policies for administering the DLT 
program. Subpart B of this part contains the policies and procedures 
related to grants; subpart C contains the policies and procedures 
related to a combination loan and grant; and subpart D contains the 
policies and procedures related to loans.



Sec.  1734.2  Policy.

    (a) The transmission of information is vital to the economic 
development, education, and health of rural Americans. To further this 
objective, the Rural Utilities Service (RUS) will provide financial 
assistance to distance learning and telemedicine projects that will 
improve the access for people residing in rural areas to educational, 
learning, training, and health care services.
    (b) In providing financial assistance, RUS will give priority to 
rural areas that it believes have the greatest need for distance 
learning and telemedicine services. RUS believes that generally the need 
is greatest in areas that are economically challenged, costly to serve, 
and experiencing outward migration. This program is consistent with the 
provisions of the Telecommunications Act of 1996 that designate 
telecommunications service discounts for schools, libraries, and rural 
health care centers. RUS will take into consideration the community's 
involvement in the proposed project and the applicant's ability to 
leverage grant funds.
    (c) In administering this subpart, RUS will not favor or mandate the 
use of one particular technology over another.
    (d) Rural institutions are encouraged to cooperate with each other, 
with applicants, and with end-users to promote the program being 
implemented under this subpart.
    (e) RUS staff will make diligent efforts to inform potential 
applicants in rural areas of the programs being implemented under this 
subpart.
    (f) The Administrator may provide loans under this subpart to an 
entity that has received a telecommunications or electric loan under the 
Rural Electrification Act of 1936. A borrower receiving a loan shall:
    (1) Make the funds provided available to entities that qualify as 
distance learning or telemedicine projects satisfying the requirements 
of this subpart, under any terms it so chooses as long as the terms are 
no more stringent than the terms under which it received the financial 
assistance.
    (2) Use the loan to acquire, install, improve, or extend a distance 
learning or telemedicine system referred to in this subpart.
    (g) The Administrator will allocate funds that are appropriated each 
fiscal year for subparts B, C, and D, of this part respectively. Not 
more than 30 days before the end of the fiscal year, the Administrator 
may transfer any funds not committed to grants in the combination loan 
and grant program to the grant program.
    (h) Financial assistance may be provided for end user sites. 
Financial assistance may also be provided for hubs located in rural or 
non-rural areas if they are necessary to provide distance learning or 
telemedicine services to rural residents at end user sites.
    (i) The Administrator will publish, at the end of each fiscal year, 
a notice on the RUS Telecommunications Program Web site of all 
applications receiving financial assistance under this subpart. Subject 
to the provisions of the Freedom of Information Act (5 U.S.C. 552), 
applications will be available for public inspection at the U.S. 
Department of Agriculture, 1400 Independence Avenue SW., Washington, DC 
20250.



Sec.  1734.3  Definitions.

    As used in this part:
    1996 Act means the Federal Agriculture Improvement Act of 1996.
    Act means the Rural Electrification Act of 1936 (7 U.S.C. 901 et 
seq.).

[[Page 245]]

    Administrator means the Administrator of the Rural Utilities 
Service, or designee or successor.
    Applicant means an eligible organization that applies for financial 
assistance under this subpart.
    Approved purposes means project purposes for which grant, loan, or 
combination loan and grant financial assistance may be expended.
    Broadband facilities means facilities that transmit, receive, or 
carry voice, video, or data between the terminal equipment at each end 
of the circuit or path. Such facilities include microwave antennae, 
relay stations and towers, other telecommunications antennae, fiber-
optic cables and repeaters, coaxial cables, communication satellite 
ground station complexes, copper cable electronic equipment associated 
with telecommunications transmissions, and similar items.
    Combination loan and grant means a grant in combination with a loan 
made under the DLT program.
    Completed application means an application that includes all those 
items specified in Sec. Sec.  1734.125, 1734.134, and in form and 
substance satisfactory to the Administrator.
    Consortium means a combination or group of entities undertaking the 
purposes for which the distance learning and telemedicine financial 
assistance is provided. At least one of the entities in a consortium 
must meet the requirements of Sec.  1734.4.
    Construct means to acquire, construct, extend, improve, or install a 
facility or system.
    Distance learning means a telecommunications link to an end user 
through the use of eligible equipment to provide educational programs, 
instruction, or information originating in one area, whether rural or 
not, to students and teachers who are located in rural areas.
    DLT borrower means an entity that has an outstanding loan under the 
provisions of the DLT program.
    DLT program means the Distance Learning and Telemedicine Loan and 
Grant Program administered by RUS.
    Economic useful life as applied to equipment and facilities financed 
under the DLT program is calculated based on Internal Revenue Service 
depreciation rules or recognized telecommunications industry guidelines.
    Eligible equipment means computer hardware and software, audio and 
video equipment, computer networking components, telecommunications 
terminal equipment, terminal equipment, inside wiring, interactive video 
equipment.
    Eligible facilities means land, buildings, or building construction 
needed to carry out an eligible distance learning or telemedicine 
project for loan financial assistance only.
    End user is one or more of the following:
    (1) Rural elementary, secondary schools, and other educational 
institutions, such as institutions of higher education, vocational and 
adult training and educational centers, libraries and teacher training 
centers, and students, teachers and instructors using such rural 
educational facilities, that participate in distance learning 
telecommunications program through a project funded under this subpart;
    (2) Rural hospitals, primary care centers or facilities, such as 
medical centers, nursing homes, and clinics, and physicians and staff 
using such rural medical facilities, that participants in a rural 
distance learning telecommunications program through a project funded 
under this part; and
    (3) Other rural community facilities, institutions, or entities that 
receive distance learning or telemedicine services.
    End user site means a facility that is part of a network or 
telecommunications system that is utilized by end users. An end user 
site can also be the residence of someone living in a rural area that is 
receiving telemedicine or distant learning services.
    Financial assistance means a grant, combination loan and grant, or 
loan.
    GFR means RUS telecommunications program General Field 
Representative.
    Grant documents means the grant agreement, including any amendments 
and supplements thereto, between RUS and the grantee.
    Grantee means a recipient of a grant from RUS to carry out the 
purposes of the DLT program.
    Guarantee means a guarantee for a loan provided by a RUS borrower or 
other qualified third party.

[[Page 246]]

    Hub means a facility that is part of a network or telecommunications 
system that provides educational or medical services to end user sites.
    Instructional programming means course material for teaching over 
the Distance Learning or Telemedicine network, including computer 
software.
    Interactive equipment means equipment used to produce and prepare 
for transmission of audio and visual signals from at least two distant 
locations so that individuals at such locations can orally and visually 
communicate with each other. Such equipment includes, but is not limited 
to, monitors, other display devices, cameras or other recording devices, 
audio pickup devices, and other related equipment.
    Loan means a loan made under the DLT program bearing interest at a 
rate equal to the then current cost-of-money to the government.
    Loan documents mean the loan agreement, note, and security 
instrument, including any amendments and supplements thereto, between 
RUS and the DLT borrower.
    Local exchange carrier (LEC) is a regulatory term in 
telecommunications for the local telephone company. In the United 
States, wireline telephone companies are divided into two large 
categories: Long distance (interexchange carrier, or IXCs) and local 
(local exchange carrier, or LECs). This structure is a result of 1984 
divestiture of then regulated monopoly carrier American Telephone & 
Telegraph. Local telephone companies at the time of the divestiture are 
also known as Incumbent Local Exchange Carriers (ILEC).
    Matching contribution means the applicant's contribution for 
approved purposes.
    Project means approved purposes for which financial assistance has 
been provided.
    Project service area means the area in which at least 90 percent of 
the persons to be served by the project are likely to reside.
    Recipient means a grantee, borrower, or both of a DLT program grant, 
loan or combination loan and grant.
    Rural community facility means a facility such as a school, library, 
learning center, training facility, hospital, or medical facility that 
provides benefits primarily to residents of rural areas.
    RUS means the Rural Utilities Service, an agency of the United 
States Department of Agriculture, successor to the Rural Electrification 
Administration.
    Secretary means the Secretary of Agriculture.
    Technical assistance means:
    (1) Assistance in learning to manage, operate, or use equipment or 
systems; and
    (2) Studies, analyses, designs, reports, manuals, guides, 
literature, or other forms of creating, acquiring, or disseminating 
information.
    Telecommunications carrier means any provider of telecommunications 
services.
    Telecommunications or electric borrower means an entity that has 
outstanding RUS electric or telecommunications loan or loan guarantee 
under the provisions of the Act.
    Telecommunications systems plan means the plan submitted by an 
applicant in accordance with Sec.  1734.25 for grants, Sec.  1734.34 for 
a combination loan and grant, or Sec.  1734.44 for loans.
    Telemedicine means a telecommunications link to an end user through 
the use of eligible equipment which electronically links medical 
professionals at separate sites in order to exchange health care 
information in audio, video, graphic, or other format for the purpose of 
providing improved health care services primarily to residents of rural 
areas.



Sec.  1734.4  Applicant eligibility and allocation of funds.

    To be eligible to receive a grant, loan and grant combination, or 
loan under this subpart:
    (a) The applicant must be legally organized as an incorporated 
organization, an Indian tribe or tribal organization, as defined in 25 
U.S.C. 450b(b) and (c), a state or local unit of government, a 
consortium, as defined in Sec.  1734.3, or other legal entity, including 
a private corporation organized on a for-profit or not-for profit basis. 
Each applicant must provide written evidence of its legal capacity to 
contract with RUS to obtain the grant, loan and grant combination, or 
the loan, and comply with

[[Page 247]]

all applicable requirements. If a consortium lacks the legal capacity to 
contract, each individual entity must contract with RUS in its own 
behalf.
    (b) The applicant proposes to utilize the financing to:
    (1) Operate a rural End-User Site for the purpose of providing 
Distance Learning or Telemedicine services; or
    (2) Deliver distance learning or telemedicine services to entities 
that operate a rural community facility or to residents of rural areas 
at rates calculated to ensure that the benefit of the financial 
assistance is passed through to such entities or to residents of rural 
areas.



Sec.  1734.5  Processing of selected applications.

    (a) During the period between the submission of an application and 
the execution of documents, the applicant must inform RUS if the project 
is no longer viable or the applicant no longer is requesting financial 
assistance for the project. When the applicant so informs RUS, the 
selection will be rescinded or the application withdrawn and written 
notice to that effect sent to the applicant.
    (b) If an application has been selected and the scope of the project 
changes substantially, the applicant may be required to reapply in the 
next program window if the agency and the selected applicant cannot 
agree on the new scope of the award.
    (c) If state or local governments raise objections to a proposed 
project under the intergovernmental review process that are not resolved 
within 90 days from the time the public is made aware of the award, the 
Administrator will rescind the selection and written notice to that 
effect will be sent to the applicant. The Administrator, in his sole 
discretion, may extend the 90 day period if it appears resolution is 
imminent.
    (d) RUS may request additional information that would not change the 
application or scoring, in order to complete the appropriate documents 
covering financial assistance.
    (e) Financial assistance documents. (1) The documents will include a 
grant agreement for grants; loan documents, including third party 
guarantees, notes and security instruments for loans; or any other legal 
documents the Administrator deems appropriate, including suggested forms 
of certifications and legal opinions.
    (2) The grant agreement and the loan documents will include, among 
other things, conditions on the release or advance of funds and include 
at a minimum, a project description, approved purposes, the maximum 
amount of the financial assistance, supplemental funds required for the 
project, and certain agreements or commitments the applicant may have 
proposed in its application. In addition, the loan documents may contain 
covenants and conditions the Administrator deems necessary or desirable 
to provide additional assurance that loans will be repaid and the 
purposes of the loan will be accomplished.
    (3) The recipient of a loan will be required to execute a security 
instrument in form and substance satisfactory to RUS and must, before 
receiving any advance of loan funds, provide security that is adequate, 
in the opinion of RUS, to assure repayment, within the time agreed, of 
all loans to the borrower under the DLT program. This assurance will 
generally be provided by a first lien upon all facilities and equipment 
financed by the loan. RUS may require additional security as it deems 
necessary.
    (4) Adequate security may also be provided by third-party 
guarantees, letters of credit, pledges of revenue, or other forms of 
security satisfactory to RUS.
    (5) The security instrument and other loan documents required by RUS 
in connection with a loan under the DLT program shall contain such 
pledges, covenants, and other provisions as may, in the opinion of RUS, 
be required to secure repayment of the loan.
    (6) If the project does not constitute a complete operating system, 
the DLT recipient shall provide evidence, in form and substance 
satisfactory to RUS, demonstrating that the recipient has sufficient 
contractual, financing, or other arrangements to assure that the project 
will provide adequate and efficient service.

[[Page 248]]

    (f) Prior to the execution of a grant and loan document, RUS 
reserves the right to require any changes in the project or legal 
documents covering the project to protect the integrity of the DLT 
program and the interests of the government.
    (g) If the applicant fails to submit, within 120 calendar days from 
the date RUS notifies the applicant that they have been selected for an 
award, all of the information that RUS determines to be necessary to 
prepare legal documents and satisfy other requirements of this subpart, 
RUS may rescind the selection of the application.



Sec.  1734.6  Disbursement of loans and grants.

    (a) For financial assistance of $100,000 or greater, prior to the 
disbursement of a grant and a loan, the recipient, if it is not a unit 
of government, will provide evidence of fidelity bond coverage as 
required by 2 CFR part 200, which is adopted by USDA through 2 CFR part 
400.
    (b) Grants and loans will be disbursed to recipients on a 
reimbursement basis, or with unpaid invoices for the eligible purposes 
contained in this subpart, by the following process:
    (1) An SF 270, ``Request for Advance or Reimbursement,'' will be 
completed by the recipient and submitted to RUS not more frequently than 
once a month;
    (2) RUS will review the SF 270 for accuracy when received and will 
schedule payment if the form is satisfactory. Payment will ordinarily be 
made within 30 days; and
    (c) The recipient's share in the cost of the project must be 
disbursed in advance of the loan and grant, or if the recipient agrees, 
on a pro rata distribution basis with financial assistance during the 
disbursement period. Recipients will not be permitted to provide their 
contributions at the end of the project.
    (d) A combination loan and grant will be disbursed on a pro rata 
basis based on the respective amounts of financial assistance provided.



Sec.  1734.7  Reporting and oversight requirements.

    (a) A project performance activity report will be required of all 
recipients on an annual basis until the project is complete and the 
funds are expended by the applicant.
    (b) Recipients shall diligently monitor performance to ensure that 
time schedules are being met, projected work by time periods is being 
accomplished, and other performance objectives are being achieved. 
Recipients are to submit all project performance reports, including, but 
not limited to, the following:
    (1) A comparison of actual accomplishments to the objectives 
established for that period;
    (2) A description of any problems, delays, or adverse conditions 
which have occurred, or are anticipated, and which may affect the 
attainment of overall project objectives, prevent the meeting of time 
schedules or objectives, or preclude the attainment of particular 
project work elements during established time periods. This disclosure 
shall be accompanied by a statement of the action taken or planned to 
resolve the situation; and
    (3) Objectives and timetable established for the next reporting 
period.


A final project performance report must be provided by the recipient. It 
must provide an evaluation of the success of the project in meeting the 
objectives of the program. The final report may serve as the last annual 
report.
    (c) RUS will monitor recipients, as it determines necessary, to 
ensure that projects are completed in accordance with the approved scope 
of work and that the financial assistance is expended for approved 
purposes.



Sec.  1734.8  Audit requirements.

    A recipient of financial assistance shall provide RUS with an audit 
for each year, beginning with the year in which a portion of the 
financial assistance is expended, in accordance with the following:
    (a) If the awardee is a for-profit entity, an electric or 
telecommunications cooperative, or any other entity not

[[Page 249]]

covered by the definition of ``non-Federal entity'' in 2 CFR 200.1, the 
awardee shall provide an independent audit report in accordance with 7 
CFR part 1773 and the grant agreement.
    (b) If the awardee is a non-Federal entity, as defined in 2 CFR 
200.1, the awardee shall provide an audit in accordance with subpart F 
of 2 CFR part 200.
    (c) Grant awardees shall comply with 2 CFR part 200, and rules on 
the disposition of grant assets in part 200 shall be applied regardless 
of the type of legal organization of the grantee.

[82 FR 55925, Nov. 27, 2017, as amended at 88 FR 7561, Feb. 6, 2023]



Sec.  1734.9  Grant and loan administration.

    RUS will conduct reviews as necessary to determine whether the 
financial assistance was expended for approved purposes. The recipient 
is responsible for ensuring that the project complies with all 
applicable regulations, and that the grants and loans are expended only 
for approved purposes. The recipient is responsible for ensuring that 
disbursements and expenditures of funds are properly supported by 
invoices, contracts, bills of sale, canceled checks, or other 
appropriate forms of evidence, and that such supporting material is 
provided to RUS, upon request, and is otherwise made available, at the 
recipient's premises, for review by the RUS representatives, the 
recipient's certified public accountant, the Office of Inspector 
General, U.S. Department of Agriculture, the General Accounting Office, 
and any other official conducting an audit of the recipient's financial 
statements or records, and program performance for the grants and loans 
made under this subpart. The recipient shall permit RUS to inspect and 
copy any records and documents that pertain to the project.



Sec.  1734.10  Changes in project objectives or scope.

    The recipient shall obtain prior written approval by RUS for any 
material change to the scope or objectives of the project, including any 
changes to the scope of work or the budget submitted to RUS. Any 
material change shall be contained in a revised scope of work plan to be 
prepared by the recipient, submitted to, and approved by RUS in writing. 
If RUS does not approve the change and the awardee is unable to fulfill 
the original purposes of the award, the awardee will work with RUS to 
return or rescind the financial assistance.



Sec.  1734.11  Grant and loan termination.

    (a) The financial assistance may be terminated when RUS and the 
recipient agree upon the conditions of the termination, the effective 
date of the termination, and, in the case of a partial termination of 
the financial assistance, any unadvanced portion of the financial 
assistance to be terminated and any advanced portion of the financial 
assistance to be returned.
    (b) The recipient may terminate the financial assistance by written 
notification to RUS, providing the reasons for such termination, the 
effective date, and, in the case of a partial termination, the portion 
of the financial assistance to be terminated. In the case of a partial 
termination, if RUS believes that the remaining portion of the financial 
assistance will not accomplish the approved purposes, then RUS may 
terminate the financial assistance in its entirety, pursuant to the 
provisions of paragraph (a) of this section.



Sec.  1734.12  Expedited telecommunications loans

    RUS will expedite consideration and determination of an application 
submitted by an RUS telecommunications borrower for a loan under the Act 
or an advance of such loan funds to be used in conjunction with 
financial assistance under subparts B, C, or D of this part. See 7 CFR 
part 1737 for loans and 7 CFR part 1744 for advances under this section.

[[Page 250]]



Sec. Sec.  1734.13-1734.19  [Reserved]



       Subpart B_Distance Learning and Telemedicine Grant Program



Sec.  1734.20  [Reserved]



Sec.  1734.21  Approved purposes for grants.

    For distance learning and telemedicine projects, grants shall 
finance only the costs for approved purposes. Grants shall be expended 
only for the costs associated with the capital assets associated with 
the project. The following are approved grant purposes:
    (a) Acquiring and installing, by lease or purchase, eligible 
equipment as defined in Sec.  1734.3;
    (b) Purchases of extended warranties, site licenses, and maintenance 
contracts, for a period not to exceed 3 years from installation date, so 
long as such purchases are in support of eligible equipment included in 
the project and made concurrently;
    (c) Acquiring or developing instructional programming; but shall not 
include salaries, benefits, and overhead of medical, educational, or any 
personnel employed by the applicant. The funded development and 
acquisition of instructional programming must be done through an 
independent 3rd party, and may not be performed using the applicant's 
employees.
    (d) Providing technical assistance and instruction for using 
eligible equipment, including any related software; developing 
instructional programming; or providing engineering and environmental 
studies relating to the establishment or expansion of the phase of the 
project that is being financed with the grant. These purposes shall not 
exceed 10 percent of the grant; and
    (e) Purchasing and installing broadband facilities. This purpose is 
limited to a maximum of 20 percent of the request grant amount and must 
be used for providing distance learning or telemedicine services.



Sec.  1734.22  Matching contributions.

    (a) The grant applicant's minimum matching contribution must equal 
15 percent of the grant amount requested and shall be used for approved 
purposes for grants listed in Sec.  1734.21. Matching contributions 
generally must be in the form of cash. However, in-kind contributions 
solely for the purposes listed in Sec.  1734.21 may be substituted for 
cash.
    (b) In-kind items listed in Sec.  1734.21 must be non-depreciated or 
new assets with established monetary values. Use of specific 
manufacturers' equipment or services, or discounts thereon, are not 
considered eligible in-kind matching if the manufacturer, or its 
authorized reseller, is a vendor on the project, the grant writer for 
the grant application, or has undertaken any responsibility on the grant 
application, including payment.
    (c) Costs incurred by the applicant, or others on behalf of the 
applicant, for facilities or equipment installed, or other services 
rendered prior to submission of a completed application, shall not be 
considered as an eligible in-kind matching contribution.
    (d) Costs incurred for non-approved purposes for grant outlined in 
Sec.  1734.23 shall not be used as an in-kind matching contribution.
    (e) Any financial assistance from Federal sources will not be 
considered as matching contributions under this subpart unless there is 
a Federal statutory exception specifically authorizing the Federal 
financial assistance to be considered as a matching contribution.



Sec.  1734.23  Nonapproved purposes for grants.

    (a) A grant made under this subpart will not be provided or used:
    (1) To pay for medical or educational equipment not having 
telemedicine or distance learning as its essential function;
    (2) To pay for Electronic Medical Records (EMR) systems;
    (3) To pay salaries, wages, or employee benefits to medical or 
educational personnel;
    (4) To pay for the salaries or administrative expenses of the 
applicant or the project;
    (5) To purchase equipment that will be owned by the local exchange 
carrier or another telecommunications service provider unless that 
service provider is the applicant.

[[Page 251]]

    (6) To duplicate facilities providing distance learning or 
telemedicine services in place or to reimburse the applicant or others 
for costs incurred prior to RUS' receipt of the completed application;
    (7) To pay costs of preparing the application package for financial 
assistance under this program;
    (8) For projects whose sole objective is to provide links between 
teachers and students or between medical professionals who are located 
at the same facility or campus environment;
    (9) For site development and the destruction or alteration of 
buildings;
    (10) For the purchase of land, buildings, or building construction;
    (11) For projects located in areas covered by the Coastal Barrier 
Resources Act (16 U.S.C. 3501 et seq.);
    (12) For any purpose that the Administrator has not specifically 
approved;
    (13) Except for leases provided for in Sec.  1734.21, to pay the 
cost of recurring or operating expenses for the project; or
    (14) For any other purposes not specifically contained in Sec.  
1734.21.
    (b) Except as otherwise provided in Sec.  1734.12, grants shall not 
be used to finance a project, in part, when the success of the project 
is dependent upon the receipt of additional financial assistance under 
this subpart or is dependent upon the receipt of other financial 
assistance that is not assured.



Sec.  1734.24  Maximum and minimum grant amounts.

    Applications for grants under this subpart will be subject to 
limitations on the proposed amount of grant funds. The Administrator 
will establish the maximum and minimum amounts of a grant to be made 
available to an individual recipient for each fiscal year under this 
subpart by publishing notice of the maximum and minimum amounts in the 
RUS DLT Program Application Guide and/or the RUS DLT Program Web site 
and in the funding opportunity posted on www.Grants.gov on an annual 
basis.



Sec.  1734.25  Completed application.

    The following items are required to be submitted to RUS in support 
of an application for grant funds:
    (a) An application for Federal Assistance. A completed Standard Form 
424.
    (b) An executive summary of the project. The applicant must provide 
RUS with a general project overview that addresses the following 9 
categories:
    (1) A description of why the project is needed;
    (2) An explanation of how the applicant will address the need cited 
in paragraph (b)(1) of this section, why the applicant requires 
financial assistance, the types of educational or medical services to be 
offered by the project, and the benefits to rural residents;
    (3) A description of the applicant, documenting eligibility in 
accordance with Sec.  1734.4;
    (4) An explanation of the total project cost including a breakdown 
of the grant required and the source of matching contribution and other 
financial assistance for the remainder of the project;
    (5) A statement specifying whether the project is either a distance 
learning or telemedicine facility as defined in Sec.  1734.3. If the 
project provides both distance learning and telemedicine services, the 
applicant must identify the predominant use of the system;
    (6) A general overview of the telecommunications system to be 
developed, including the types of equipment, technologies, and 
facilities used;
    (7) A description of the participating hubs and end user sites and 
the number of rural residents that will be served by the project at each 
end user site
    (8) A certification by the applicant that facilities constructed 
with grants do not duplicate adequate established telemedicine or 
distance learning services; and
    (9) A listing of the location of each end user site (city, town, 
village, borough, or rural areas) plus the State.
    (c) Scoring criteria documentation. Each grant applicant must 
address and provide documentation on how it meets each of the scoring 
criteria contained in Sec.  1734.26, and as supplemented in the listing 
on grants.gov, the DLT Application Guide and the agency's Web site.
    (d) A scope of work. The scope of work must include, at a minimum:

[[Page 252]]

    (1) The specific activities to be performed under the project;
    (2) Who will carry out the activities;
    (3) The time-frames for accomplishing the project objectives and 
activities; and
    (4) A budget for all capital expenditures reflecting the line item 
costs for approved purposes for both the grant funds and other sources 
of funds for the project. Separately, the budget must specify any line 
item costs that are non-approved purposes for grants as contained in 
Sec.  1734.23.
    (e) Financial information and sustainability. The applicant must 
provide a narrative description demonstrating: Feasibility of the 
project, including having sufficient resources and expertise necessary 
to undertake and complete the project; and, how the project will be 
sustained following completion of the project.
    (f) A statement of experience. The applicant must provide a written 
narrative (not exceeding three single spaced pages) describing its 
demonstrated capability and experience, if any, in operating an 
educational or health care endeavor and any project similar to the 
project. Experience in a similar project is desirable but not required.
    (g) Funding commitment from other sources. The applicant must 
provide evidence, in form and substance satisfactory to RUS, that 
funding agreements have been obtained to ensure completion of the 
project. These agreements shall be sufficient to ensure:
    (1) Payment of all proposed expenditures for the project;
    (2) All required matching contributions in Sec.  1734.22; and
    (3) Any other funds necessary to complete the project.
    (h) A telecommunications system plan. A telecommunications system 
plan consisting of the following:
    (1) The capabilities of the telecommunications terminal equipment, 
including a description of the specific equipment which will be used to 
deliver the proposed service. The applicant must document discussions 
with various technical sources which could include consultants, 
engineers, product vendors, or internal technical experts, provide 
detailed cost estimates for operating and maintaining the end user 
equipment and provide evidence that alternative equipment and 
technologies were evaluated.
    (2) A listing of the proposed telecommunications terminal equipment, 
telecommunications transmission facilities, data terminal equipment, 
interactive video equipment, computer hardware and software systems, and 
components that process data for transmission via telecommunications, 
computer network components, communication satellite ground station 
equipment, or any other elements of the telecommunications system 
designed to further the purposes of this subpart, that the applicant 
intends to build or fund using RUS financial assistance. If funds are 
being requested for broadband facilities, a description of the use of 
these facilities and how they will be used to deliver distance learning 
or telemedicine services.
    (3) A description of the consultations with the appropriate 
telecommunications carriers (including other interexchange carriers, 
cable television operators, enhanced service providers, providers of 
satellite services and telecommunications equipment manufacturers and 
distributors) and the anticipated role of such providers in the proposed 
telecommunications system.
    (i) Compliance with other Federal statutes. The applicant must 
provide evidence of compliance with other Federal statutes and 
regulations including, but not limited to the following:
    (1) E.O. 11246, Equal Employment Opportunity, as amended by E.O. 
11375 and as supplemented by regulations contained in 41 CFR part 60;
    (2) Architectural barriers;
    (3) Flood hazard area precautions;
    (4) Assistance and Real Property Acquisition Policies Act of 1970;
    (5) Drug-Free Workplace Act of 1998 (41 U.S.C. 8101 et seq.), 2 CFR 
part 421;
    (6) E.O.s 12549 and 12689, Debarment and Suspension, 2 CFR part 180, 
which is adopted by USDA through 2 CFR part 417;
    (7) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), 2 CFR part 418.
    (j) Environmental review requirements.
    (1) The applicant must provide details of the project's impact on 
the

[[Page 253]]

human environment and historic properties, in accordance with 7 CFR part 
1970. The application must contain a separate section entitled 
``Environmental Impact of the Project.''
    (2) The applicant must use any programmatic environmental 
agreements, available from RUS, in effect at the time of filing to 
assist in complying with the requirements of this section.
    (k) Evidence of legal authority and existence. The applicant must 
provide evidence of its legal existence and authority to enter into a 
grant agreement with RUS and perform the activities proposed under the 
grant application.
    (l) Federal debt certification. The applicant must provide a 
certification that it is not delinquent on any obligation owed to the 
government (31 U.S.C. 3720B).
    (m) Consultation with USDA State Director, Rural Development. The 
applicant must provide evidence that it has consulted with the USDA 
State Director, Rural Development, concerning the availability of other 
sources of funding available at the State or local level.
    (n) Supplemental information. The applicant should provide any 
additional information it considers relevant to the project and likely 
to be helpful in determining the extent to which the project would 
further the purposes of the 1996 Act.



Sec.  1734.26  Criteria for scoring grant applications.

    The criteria by which applications will be scored will be published 
in the RUS DLT Program application guide and/or the RUS DLT Program Web 
site and in the funding opportunity posted on www.Grants.gov Web site on 
an annual basis. The criteria will be used to determine and evaluate: 
Rurality; economic need; service need and benefit; and special 
considerations as determined by the Administrator



Sec.  1734.27  Application selection provisions.

    (a) Applications will be evaluated competitively by the Agency and 
will be ranked in accordance with Sec.  1734.26. Applications will then 
be awarded generally in rank order until all grant funds are expended, 
subject to paragraphs (b), (c), and (d) of this section. RUS will make 
determinations regarding the reasonableness of all numbers; dollar 
levels; rates; the nature and design of the project; costs; location; 
and other characteristics of the application and the project to 
determine the number of points assigned to a grant application for all 
selection criteria.
    (b) Regardless of the number of points an application receives in 
accordance with Sec.  1734.26, the Administrator may, based on a review 
of the applications in accordance with the requirements of this subpart:
    (1) Limit the number of applications selected for projects located 
in any one State during a fiscal year;
    (2) Limit the number of selected applications for a particular type 
of project;
    (3) Select an application receiving fewer points than another higher 
scoring application if there are insufficient funds during a particular 
funding period to select the higher scoring application. In this case, 
however, the Administrator will provide the applicant of the higher 
scoring application the opportunity to reduce the amount of its grant 
request to the amount of funds available. If the applicant agrees to 
lower its grant request, it must certify that the purposes of the 
project can be met, and the Administrator must determine the project is 
financially feasible at the lower amount in accordance with Sec.  
1734.25(e). An applicant or multiple applicants affected under this 
paragraph will have the opportunity to be considered for loan financing 
in accordance with subparts C and D of this part.
    (c) RUS will not approve a grant if RUS determines that:
    (1) The applicant's proposal does not indicate financial feasibility 
or is not sustainable in accordance with the requirements of Sec.  
1734.25(e);
    (2) The applicant's proposal indicates technical flaws, which, in 
the opinion of RUS, would prevent successful implementation, operation, 
or sustainability of the project;
    (3) Other applications would provide more benefit to rural America 
based on a review of the financial and technical

[[Page 254]]

information submitted in accordance with Sec.  1734.25(e).
    (4) Any other aspect of the applicant's proposal fails to adequately 
address any requirement of this subpart or contains inadequacies which 
would, in the opinion of RUS, undermine the ability of the project to 
meet the general purpose of this subpart or comply with policies of the 
DLT Program contained in Sec.  1734.2.
    (d) RUS may reduce the amount of the applicant's grant based on 
insufficient program funding for the fiscal year in which the project is 
reviewed. RUS will discuss its findings informally with the applicant 
and make every effort to reach a mutually acceptable agreement with the 
applicant. Any discussions with the applicant and agreements made with 
regard to a reduced grant amount will be confirmed in writing.



Sec.  1734.28  Submission of applications.

    (a) Applications will be accepted as announced in the RUS DLT 
Program application guide and/or the RUS DLT Program Web site and in the 
funding opportunity posted on www.Grants.gov on an annual basis.
    (b) When submitting paper applications:
    (1) Applications for grants shall be submitted to the RUS, U.S. 
Department of Agriculture, 1400 Independence Avenue SW., STOP 1590, 
Washington, DC 20250-1590. Applications should be marked ``Attention: 
Assistant Administrator, Telecommunications Program''.
    (2) Applications must be submitted to RUS postmarked no later than 
the application filing deadline established by the Administrator if the 
applications are to be considered during the period for which the 
application was submitted. The deadline for submission of applications 
each fiscal year will be announced in the RUS DLT Program application 
guide and/or the RUS DLT Program Web site and in the funding opportunity 
posted on www.Grants.gov on an annual basis.
    (3) All applicants must submit an original and a digital copy of a 
completed application.



Sec.  1734.29  Appeals.

    RUS Telecommunications and Electric Borrowers may appeal the 
decision to reject their application. Any appeal must be made, in 
writing, within 10 days after the applicant is notified of the 
determination to deny the application. Appeals shall be submitted to the 
Administrator, RUS, U.S. Department of Agriculture, 1400 Independence 
Ave. SW., STOP 1590, Washington, DC 20250-1590. Thereafter, the 
Administrator will review the appeal to determine whether to sustain, 
reverse, or modify the original determination. Final determinations will 
be made after consideration of all appeals. The Administrator's 
determination will be final. A copy of the Administrator's decision will 
be furnished promptly to the applicant.



Subpart C_Distance Learning and Telemedicine Combination Loan and Grant 
                                 Program



Sec.  1734.30  Use of combination loan and grant.

    (a) A combination loan and grant may be used by eligible 
organizations as defined in Sec.  1734.4 for distance learning and 
telemedicine projects to finance 100 percent of the cost of approved 
purposes contained in Sec.  1734.31 provided that no financial 
assistance may exceed the maximum amount for the year in which the 
combination loan and grant is made published in the funding opportunity 
posted on www.grants.gov on an annual basis.
    (b) Applicants must meet the minimum eligibility requirement for 
determining the extent to which the project serves rural areas as 
determined in Sec.  1734.26(b)



Sec.  1734.31  Approved purposes for a combination loan and grant.

    The approved purposes for a combination loan and grant are:
    (a) Acquiring, by lease or purchase, eligible equipment or 
facilities as defined in Sec.  1734.3;
    (b) Acquiring instructional programming;
    (c) Providing technical assistance and instruction for using 
eligible

[[Page 255]]

equipment, including any related software; developing instructional 
programming; providing engineering or environmental studies relating to 
the establishment or expansion of the phase of the project that is being 
financed with a combination loan and grant (this purpose shall not 
exceed 10 percent of the total requested financial assistance);
    (d) Paying for medical or educational equipment and facilities that 
are shown to be necessary to implement the project, including vehicles 
utilizing distance learning and telemedicine technology to deliver 
educational and health care services. The applicant must demonstrate 
that such items are necessary to meet the purposes under this subpart 
and financial assistance for such equipment and facilities is not 
available from other sources at a cost which would not adversely affect 
the economic viability of the project;
    (e) Providing links between teachers and students or medical 
professionals who are located at the same facility, provided that such 
facility receives or provides distance learning or telemedicine services 
as part of a distance learning or telemedicine network which meets the 
purposes of this subpart;
    (f) Providing for site development and alteration of buildings in 
order to meet the purposes of this subpart. Financial assistance for 
this purpose must be necessary and incidental to the total amount of 
financial assistance requested;
    (g) Purchasing of land, buildings, or building construction 
determined by RUS to be necessary and incidental to the project. The 
applicant must demonstrate that financial assistance funding from other 
sources is not available at a cost that does not adversely impact the 
economic viability of the project as determined by the Administrator. 
Financial assistance for this purpose must be necessary and incidental 
to the total amount of financial assistance requested; and
    (h) Acquiring telecommunications or broadband facilities provided 
that no telecommunications carrier will install such facilities under 
the Act or through other financial procedures within a reasonable time 
period and at a cost to the applicant that does not impact the economic 
viability of the project, as determined by the Administrator.



Sec.  1734.32  Nonapproved purposes for a combination loan and grant.

    (a) Without limitation, a combination loan and grant made under this 
subpart shall not be expended:
    (1) To pay salaries, wages, or employee benefits to medical or 
educational personnel;
    (2) To pay for the salaries or administrative expenses of the 
applicant or the project;
    (3) To purchase equipment that will be owned by the local exchange 
carrier or another telecommunications service provider, unless the 
applicant is the local exchange carrier or other telecommunications 
service provider;
    (4) To duplicate facilities providing distance learning or 
telemedicine services in place or to reimburse the applicant or others 
for costs incurred prior to RUS' receipt of the completed application;
    (5) For projects located in areas covered by the Coastal Barrier 
Resources Act (16 U.S.C. 3501 et seq.);
    (6) For any purpose that the Administrator has not specifically 
approved;
    (7) Except for leases (see Sec.  1734.31), to pay the cost of 
recurring or operating expenses for the project; or,
    (8) For any other purposes not specifically outlined in Sec.  
1734.31.
    (b) Except as otherwise provided in Sec.  1734.12, funds shall not 
be used to finance a project, in part, when the success of the project 
is dependent upon the receipt of additional financial assistance under 
this subpart or is dependent upon the receipt of other funding that is 
not assured.



Sec.  1734.33  Maximum and minimum amounts.

    Applications for a combination loan and grant under this subpart 
will be subject to limitations on the proposed amount of loans and 
grants. The Administrator will establish the maximum and minimum amount 
of loans and grants and the portion of grant funds as a percentage of 
total assistance for each project to be made available to an individual 
recipient for each

[[Page 256]]

fiscal year under this subpart, by posting a funding opportunity in the 
RUS DLT Program Application Guide and/or the RUS DLT Program Web site 
and in the funding opportunity posted on www.Grants.gov on an annual 
basis.



Sec.  1734.34  Completed application.

    The following items are required to be submitted to RUS in support 
of an application for a combination loan and grant:
    (a) An application for federal assistance: A completed Standard Form 
424.
    (b) An executive summary of the project: The applicant must provide 
RUS with a general project overview that addresses each of the following 
9 categories:
    (1) A description of why the project is needed;
    (2) An explanation of how the applicant will address the need cited 
in paragraph (b)(1) of this section, why the applicant requires 
financial assistance, the types of educational or medical services to be 
offered by the project, and the benefits to the rural residents;
    (3) A description of the applicant, documenting eligibility in 
accordance with Sec.  1734.4;
    (4) An explanation of the total project cost including a breakdown 
of the combination loan and grant required and the source of funding, if 
applicable, for the remainder of the project;
    (5) A statement specifying whether the project provides 
predominantly distance learning or telemedicine services as defined in 
Sec.  1734.3. If the project provides both distance learning and 
telemedicine services, the applicant must identify the predominant use 
of the system;
    (6) A general overview of the telecommunications system to be 
developed, including the types of equipment, technologies, and 
facilities used;
    (7) A description of the participating hubs and end user sites and 
the number of rural residents that will be served by the project at each 
end user site;
    (8) A certification by the applicant that facilities constructed 
with a combination loan and grant do not duplicate adequately 
established telemedicine or distance learning services.
    (9) A listing of the location of each end user site (city, town, 
village, borough, or rural area plus the State).
    (c) A scope of work. The scope of work must include, at a minimum:
    (1) The specific activities to be performed under the project;
    (2) Who will carry out the activities;
    (3) The time-frames for accomplishing the project objectives and 
activities; and
    (4) A budget for capital expenditures reflecting the line item costs 
for both the combination loan and grant and any other sources of funds 
for the project.
    (d) Financial information. The applicant must show its financial 
ability to complete the project; show project feasibility; and provide 
evidence that it can execute a note for a loan with a maturity period 
greater than one year. For educational institutions participating in a 
project application (including all members of a consortium), the 
financial data must reflect revenue and expense reports and balance 
sheet reports, reflecting net worth, for the most recent annual 
reporting period preceding the date of the application. For medical 
institutions participating in a project application (including all 
members of a consortium), the financial data must include income 
statement and balance sheet reports, reflecting net worth, for the most 
recent completed fiscal year preceding the date of the application. When 
the applicant is a partnership, company, corporation, or other entity, 
current balance sheets, reflecting net worth, are needed from each of 
the entities that has at least a 20 percent interest in such 
partnership, company, corporation or other entity. When the applicant is 
a consortium, a current balance sheet, reflecting net worth, is needed 
from each member of the consortium and from each of the entities that 
has at least a 20 percent interest in such member of the consortium.
    (1) Applicants must include sufficient pro-forma financial data that 
adequately reflects the financial capability of project participants and 
the project as a whole to continue a sustainable project for a minimum 
of 10 years and repay the loan portion of the

[[Page 257]]

combination loan and grant. This documentation should include sources of 
sufficient income or revenues to pay operating expenses including 
telecommunications access and toll charges, system maintenance, 
salaries, training, and any other general operating expenses, provide 
for replacement of depreciable items, and show repayment of interest and 
principal for the loan portion of the combination loan and grant.
    (2) A list of property which will be used as collateral to secure 
repayment of the loan. The applicant shall purchase and own collateral 
that secures the loan free from liens or security interests and take all 
actions necessary to perfect a security interest in the collateral that 
secures the loan. RUS considers as adequate security for a loan, a 
guarantee by a RUS Telecommunications or Electric borrower or by another 
qualified party. Additional forms of security, including letters of 
credit, real estate, or any other items will be considered. RUS will 
determine the adequacy of the security offered.
    (3) As applicable, a depreciation schedule covering all assets of 
the project. Those assets for which a combination loan and grant are 
being requested should be clearly indicated.
    (4) For each hub and end user site, the applicant must identify and 
provide reasonable evidence of each source of revenue. If the projection 
relies on cost sharing arrangements among hub and end user sites, the 
applicant must provide evidence of agreements made among project 
participants.
    (5) For applicants eligible under Sec.  1734.4(1), an explanation of 
the economic analysis justifying the rate structure to ensure that the 
benefit, including cost saving, of the financial assistance is passed 
through to the other persons receiving telemedicine or distance learning 
services.
    (e) A statement of experience. The applicant must provide a written 
narrative (not exceeding three single spaced pages) describing its 
demonstrated capability and experience, if any, in operating an 
educational or health care endeavor similar to the project. Experience 
in a similar project is desirable but not required.
    (f) A telecommunications system plan. A telecommunications system 
plan, consisting of the following (the items in paragraphs (f)(4) and 
(5) of this section are required only when the applicant is requesting a 
combination loan and grant for telecommunications transmission 
facilities):
    (1) The capabilities of the telecommunications terminal equipment, 
including a description of the specific equipment which will be used to 
deliver the proposed service. The applicant must document discussions 
with various technical sources which could include consultants, 
engineers, product vendors, or internal technical experts, provide 
detailed cost estimates for operating and maintaining the end user 
equipment and provide evidence that alternative equipment and 
technologies were evaluated.
    (2) A listing of the proposed purchases or leases of 
telecommunications terminal equipment, telecommunications or broadband 
transmission facilities, data terminal equipment, interactive video 
equipment, computer hardware and software systems, and components that 
process data for transmission via telecommunications, computer network 
components, communication satellite ground station equipment, or any 
other elements of the telecommunications system designed to further the 
purposes of this subpart, that the applicant intends to build or fund 
using a combination loan and grant.
    (3) A description of the consultations with the appropriate 
telecommunications carriers (including other interexchange carriers, 
cable television operators, enhanced service providers, providers of 
satellite services, and telecommunications equipment manufacturers and 
distributors) and the anticipated role of such providers in the proposed 
telecommunications system.
    (4) Results of discussions with local exchange carriers serving the 
project area addressing the concerns contained in Sec.  1734.31(h).
    (5) The capabilities of the telecommunications or broadband 
transmission facilities, including bandwidth, networking topology, 
switching, multiplexing, standards, and protocols for

[[Page 258]]

intra-networking and open systems architecture (the ability to 
effectively communicate with other networks). In addition, the applicant 
must explain the manner in which the transmission facilities will 
deliver the proposed services. For example, for medical diagnostics, the 
applicant might indicate whether or not a guest or other diagnosticians 
can join the network from locations off the network. For educational 
services, indicate whether or not all hub and end-user sites are able to 
simultaneously hear in real-time and see each other or the instructional 
material in real-time. The applicant must include detailed cost 
estimates for operating and maintaining the network, and include 
evidence that alternative delivery methods and systems were evaluated.
    (g) Compliance with other Federal statutes. The applicant must 
provide evidence of compliance with other federal statutes and 
regulations including, but not limited to the following:
    (1) E.O. 11246, Equal Employment Opportunity, as amended by E.O. 
11375 and as supplemented by regulations contained in 41 CFR part 60;
    (2) Architectural barriers;
    (3) Flood hazard area precautions;
    (4) Assistance and Real Property Acquisition Policies Act of 1970;
    (5) Drug-Free Workplace Act of 1998 (41 U.S.C. 8101 et seq.), 2 CFR 
part 421;
    (6) E.O.s 12549 and 12689, Debarment and Suspension, 2 CFR part 180, 
which is adopted by USDA through 2 CFR part 417;
    (7) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), 2 CFR part 418.
    (h) Environmental review requirements.
    (1) The applicant must provide details of the project's impact on 
the human environment and historic properties, in accordance with 7 CFR 
part 1970. The application must contain a separate section entitled 
``Environmental Impact of the Project.''
    (2) The applicant must use any programmatic environmental 
agreements, available from RUS, in effect at the time of filing to 
assist in complying with the requirements of this section.
    (i) Evidence of legal authority and existence. The applicant must 
provide evidence of its legal existence and authority to enter into a 
grant and incur debt with RUS.
    (j) Federal debt certification. The applicant must provide evidence 
that it is not delinquent on any obligation owed to the government (31 
U.S.C. 3720B).
    (k) Supplemental information. The applicant should provide any 
additional information it considers relevant to the project and likely 
to be helpful in determining the extent to which the project would 
further the purposes of this subpart.
    (l) Additional information required by RUS. The applicant must 
provide any additional information RUS may consider relevant to the 
application and necessary to adequately evaluate the application. RUS 
may also request modifications or changes, including changes in the 
amount of funds requested, in any proposal described in an application 
submitted under this subpart.



Sec.  1734.35  Application selection provisions.

    (a) A combination loan and grant will be approved based on 
availability of funds, the financial feasibility of the project in 
accordance with Sec.  1734.34(d), the services to be provided which 
demonstrate that the project meets the general requirements of this 
subpart, the design of the project; costs; location; and other 
characteristics of the application.
    (b) RUS will determine, from the information submitted with each 
application for a combination loan and grant, whether the application 
achieves sufficient priority, based on the criteria set forth in the 
1996 Act, to receive a combination loan and grant from funds available 
for the fiscal year. If such priority is achieved, RUS will process the 
combination loan and grant application on a first-in, first-out basis, 
provided that the total amount of applications on-hand for combination 
loans and grants does not exceed 90 percent of the total loan and grant 
funding available for the fiscal year. At such time as the total amount 
of applications eligible for combination loans and grants, if such 
applications were approved, exceeds 90 percent of amount of combination 
loan and grant funding

[[Page 259]]

available, RUS will process the remaining applications using the 
evaluation criteria referenced in Sec.  1734.26.
    (c) RUS will not approve a combination loan and grant if RUS 
determines that:
    (1) The applicant's proposal does not indicate financial 
feasibility, or will not be adequately secured in accordance with the 
requirements contained in Sec.  1734.34(d);
    (2) The applicant's proposal indicates technical flaws, which, in 
the opinion of RUS, would prevent successful implementation, or 
operation of the project; or
    (3) Any other aspect of the applicant's proposal fails to adequately 
address any requirements of this subpart or contains inadequacies which 
would, in the opinion of RUS, undermine the ability of the project to 
meet the general purpose of this subpart or comply with policies of the 
DLT program contained in Sec.  1734.2.
    (d) RUS will provide the applicant with a statement of any 
determinations made with regard to paragraphs (c)(1) through (c)(3) of 
this section. The applicant will be provided 15 days from the date of 
RUS' letter to respond, provide clarification, or make any adjustments 
or corrections to the project. If, in the opinion of the Administrator, 
the applicant fails to adequately respond to any determinations or other 
findings made by the Administrator, the project will not be funded, and 
the applicant will be notified of this determination. If the applicant 
does not agree with this finding, an appeal may be filed in accordance 
with Sec.  1734.37.



Sec.  1734.36  Submission of applications.

    (a) RUS will accept applications for a combination loan and grant 
submitted by RUS Telecommunications General Field Representatives 
(GFRs), by Rural Development State Directors, or by applicants 
themselves. Applications for a combination loan and grant under this 
subpart may be filed at any time and will be evaluated as received.
    (b) Applications submitted to the State Director, Rural Development, 
in the State serving the headquarters of the project will be evaluated 
as they are submitted. All applicants must submit an original and an 
electronic copy of a completed application. The applicant must also 
submit a copy of the application to the State government point of 
contact, if one has been designated for the State, at the same time it 
submits an application to the State Director. The State Director will:
    (1) Review each application for completeness in accordance with 
Sec.  1734.34, and notify the applicant, within 15 working days of 
receiving the application, of the results of this review, acknowledging 
a complete application, or citing any information that is incomplete. To 
be considered for a combination loan and grant, the applicant must 
submit any additional information requested to complete the application 
within 15 working days of the date of the State Director's written 
response. If the applicant fails to submit such information, the 
application will be returned to the applicant.
    (2) Within 30 days of the determination of a completed application 
in accordance with paragraph (b)(1) of this section, review the 
application to determine suitability for financial assistance in 
accordance with Sec.  1734.35, and other requirements of this subpart. 
Based on its review, the State Director will work with the applicant to 
resolve any questions or obtain any additional information. The 
applicant will be notified, in writing, of any additional information 
required to allow a financial assistance recommendation and will be 
provided a reasonable period of time to furnish the additional 
information.
    (3) Based on the review in accordance with Sec.  1734.35 and other 
requirements of this subpart, make a preliminary determination of 
suitability for financial assistance. A combination loan and grant 
recommendation will be prepared by the State Director with concurrence 
of the RUS telecommunications GFR that addresses the provisions of Sec.  
1734.34 and Sec.  1734.35 and other applicable requirements of this 
subpart.
    (4) If the application is determined suitable for further 
consideration by RUS, forward an original and electronic version of the 
application with a financial assistance recommendation,

[[Page 260]]

signed jointly, to the Assistant Administrator, Telecommunications 
Program, Rural Utilities Service, Washington, DC. The applicant will be 
notified by letter of this action. Upon receipt of the application from 
the State Director, RUS will conduct a review of the application and the 
financial assistance recommendation. A final determination will be made 
within 15 days. If the Administrator determines that a combination loan 
and grant can be approved, the State Director will be notified and the 
State Director will notify the applicant. A combination loan and grant 
will be processed, approved, and serviced in accordance with Sec. Sec.  
1734.5 through 1734.12.
    (5) If the State Director determines that the application is not 
suitable for further consideration by RUS, notify the applicant with the 
reasons for this determination.
    (c) Applications submitted by RUS Telecommunications GFRs or 
directly by applicants will be evaluated as they are submitted. All 
applicants must submit an original and an electronic version a completed 
application. The applicant must also submit a copy of the application to 
the State government point of contact, if one has been designated for 
the State, at the same time it submits an application to RUS. RUS will:
    (1) Review each application for completeness in accordance with 
Sec.  1734.34, and notify the applicant, within 15 working days of 
receiving the application, of the results of this review, acknowledging 
a complete application, or citing any information that is incomplete. To 
be considered for a combination loan and grant assistance, the applicant 
must submit any additional information requested to complete the 
application within 15 working days of the date of the RUS written 
response. If the applicant fails to submit such information, the 
application will be returned to the applicant.
    (2) Within 30 days of the determination of a completed application 
in accordance with paragraph (c)(1) of this section, review the 
application to determine suitability for financial assistance in 
accordance with Sec.  1734.35, and other requirements of this subpart. 
Based on its review, RUS will work with the applicant to resolve any 
questions or obtain any additional information. The applicant will be 
notified, in writing, of any additional information required to allow a 
financial assistance recommendation and will be provided a reasonable 
period of time to furnish the additional information.
    (3) If the application is determined suitable for further 
consideration by RUS, conduct a review of the application and financial 
assistance recommendation. A final determination will be made within 15 
days. If the Administrator determines that a combination loan and grant 
can be approved, the applicant will be notified. A combination loan and 
grant will be processed, approved, and serviced in accordance with 
Sec. Sec.  1734.5 through 1734.12.
    (4) If RUS determines that the application is not suitable for 
further consideration, notify the applicant with the reasons for this 
determination. The applicant will be able to appeal in accordance with 
Sec.  1734.37.



Sec.  1734.37  Appeals.

    RUS Electric and Telecommunications Borrowers may appeal a decision 
to reject their application. Any appeal must be made, in writing, within 
10 days after the applicant is notified of the determination to deny the 
application. Appeals shall be submitted to the Administrator, RUS, U.S. 
Department of Agriculture, 1400 Independence Ave. SW., STOP 1590, 
Washington, DC 20250-1590. Thereafter, the Administrator will review the 
appeal to determine whether to sustain, reverse, or modify the original 
determination. Final determinations will be made after consideration of 
all appeals. The Administrator's determination will be final. A copy of 
the Administrator's decision will be furnished promptly to the 
applicant.



Sec. Sec.  1734.38-1734.39  [Reserved]



        Subpart D_Distance Learning and Telemedicine Loan Program



Sec.  1734.40  Use of loan funds.

    A loan may be used by eligible organizations as defined in Sec.  
1734.4 for distance learning and telemedicine projects to finance 100 
percent of the

[[Page 261]]

cost of approved purposes contained in Sec.  1734.41 provided that no 
financial assistance may exceed the maximum amount for the year in which 
the loan is made. Entities seeking a loan must be able to provide 
security and execute a note with a maturity period greater than one 
year. The following entities are eligible for loans under this subpart:
    (a) Organizations as defined in Sec.  1734.4. If a RUS 
Telecommunications Borrower is seeking a loan, the borrower does not 
need to submit all of the financial security information required by 
Sec.  1734.44(d). The borrower's latest financial report (Form 479) 
filed with RUS and any additional information relevant to the project, 
as determined by RUS, will suffice;
    (b) Any non-profit or for-profit entity, public or private entity, 
urban or rural institution, or rural educational broadcaster, which 
proposes to provide and receive distance learning and telemedicine 
services to carry out the purposes of this subpart; or
    (c) Any entity that contracts with an eligible organization in 
paragraphs (a) or (b) of this section for constructing distance learning 
or telemedicine facilities for the purposes contained in Sec.  1734.41, 
except for those purposes in Sec.  1734.41(h).
    (d) Applicants must meet the minimum eligibility requirement for 
determining the extent to which the project serves rural areas as 
contained in Sec.  1734.26(b)



Sec.  1734.41  Approved purposes for loans.

    The following are approved purposes for loans:
    (a) Acquiring, by lease or purchase, eligible equipment or 
facilities as defined in Sec.  1734.3;
    (b) Acquiring instructional programming;
    (c) Providing technical assistance and instruction for using 
eligible equipment, including any related software; developing 
instructional programming; providing engineering or environmental 
studies relating to the establishment or expansion of the phase of the 
project that is being financed with the loan (financial assistance for 
this purpose shall not exceed 10 percent of the requested financial 
assistance);
    (d) Paying for medical or educational equipment and facilities which 
are shown to be necessary to implement the project, including vehicles 
utilizing distance learning and telemedicine technology to deliver 
educational and health care services. The applicant must demonstrate 
that such items are necessary to meet the purposes under this subpart 
and financial assistance for such equipment and facilities is not 
available from other sources at a cost which would not adversely affect 
the economic viability of the project;
    (e) Providing links between teachers and students or medical 
professionals who are located at the same facility, provided that such 
facility receives or provides distance learning or telemedicine services 
as part of a distance learning or telemedicine network which meets the 
purposes of this subpart;
    (f) Providing for site development and alteration of buildings in 
order to meet the purposes of this subpart. Loans for this purpose must 
be necessary and incidental to the total amount of financial assistance 
requested;
    (g) Purchasing of land, buildings, or building construction, where 
such costs are demonstrated necessary to construct distance learning and 
telemedicine facilities. The applicant must demonstrate that funding 
from other sources is not available at a cost which does not adversely 
impact the economic viability of the project as determined by the 
Administrator. Financial assistance for this purpose must be necessary 
and incidental to the total amount of financial assistance requested;
    (h) Acquiring of telecommunications or broadband facilities provided 
that no telecommunications carrier will install such facilities under 
the Act or through other financial procedures within a reasonable time 
period and at a cost to the applicant that does not impact the economic 
viability of the project, as determined by the Administrator;
    (i) Any project costs, except for salaries and administrative 
expenses, not included in paragraphs (a) through (h)

[[Page 262]]

of this section, incurred during the first two years of operation after 
the financial assistance has been approved. The applicant must show that 
financing such costs are necessary for the establishment or continued 
operation of the project and that financing is not available for such 
costs elsewhere, including from the applicant's financial resources. The 
Administrator will determine whether such costs will be financed based 
on information submitted by the applicant. Loans shall not be made 
exclusively to finance such costs, and financing for such costs will not 
exceed 20 percent of the loan provided to a project under this section; 
and
    (j) All of the costs needed to provide distance learning 
broadcasting to rural areas. Loans may be used to cover the costs of 
facilities and end-user equipment dedicated to providing educational 
broadcasting to rural areas for distance learning purposes. If the 
facilities are not 100 percent dedicated to broadcasting, a portion of 
the financing may be used to fund such facilities based on a percentage 
of use factor that approximates the distance learning broadcasting 
portion of use.



Sec.  1734.42  Non-approved purposes for loans.

    (a) Loans made under this subpart will not be provided to pay the 
costs of recurring or operating expenses incurred after two years from 
approval of the project except for leases (see Sec.  1734.41).
    (b) Loans made under this subpart will not be provided for any of 
the following costs:
    (1) To purchase equipment that will be owned by the local exchange 
carrier or another telecommunications service provider, unless the 
applicant is the local exchange carrier or other telecommunications 
service provider;
    (2) To duplicate facilities providing distance learning or 
telemedicine services in place or to reimburse the applicant or others 
for costs incurred prior to RUS' receipt of the completed application;
    (3) For projects located in areas covered by the Coastal Barrier 
Resources Act (16 U.S.C. 3501 et seq.); or
    (4) To pay for salaries, wages, or administrative expenses; or
    (5) For any purpose that the Administrator has not specifically 
approved.
    (c) Except as otherwise provided in Sec.  1734.12, funds shall not 
be used to finance a project, in part, when the success of the project 
is dependent upon the receipt of additional financial assistance under 
this subpart D or is dependent upon the receipt of other funding that is 
not assured.



Sec.  1734.43  Maximum and minimum amounts.

    Applications for loans under this subpart will be subject to 
limitations on the proposed amount of loans. The Administrator will 
establish the maximum amount of a loan available to an applicant under 
this subpart.



Sec.  1734.44  Completed application.

    The following items are required to be submitted in support of an 
application for a loan:
    (a) An application for federal assistance: A completed standard form 
424.
    (b) An executive summary of the project. The applicant must provide 
RUS with a general project overview that addresses each of the following 
9 categories:
    (1) A description of why the project is needed;
    (2) An explanation of how the applicant will address the need (see 
paragraph (b)(1) of this section), why the applicant requires financial 
assistance, the types of educational or medical services to be offered 
by the project, and the benefits to the rural residents;
    (3) A description of the applicant, documenting eligibility in 
accordance with Sec.  1734.4;
    (4) An explanation of the total project cost including a breakdown 
of the loan required and the source of funding, if applicable, for the 
remainder of the project;
    (5) A statement specifying whether the project provides 
predominantly distance learning or telemedicine services as defined in 
Sec.  1734.3. If the project provides both distance learning and 
telemedicine services, the applicant must identify the predominant use 
of the system;

[[Page 263]]

    (6) A general overview of the telecommunications system to be 
developed, including the types of equipment, technologies, and 
facilities used;
    (7) A description of the participating hubs and end user sites and 
the number of rural residents which will be served by the project at 
each end user site;
    (8) A certification by the applicant that facilities funded by a 
loan do not duplicate adequate established telemedicine or distance 
learning services;
    (9) A listing of the location of each end user site (city, town, 
village, borough, or rural area plus the State).
    (c) A scope of work. The scope of work must include, at a minimum:
    (1) The specific activities to be performed under the project;
    (2) Who will carry out the activities;
    (3) The time-frames for accomplishing the project objectives and 
activities; and
    (4) A budget for capital expenditures reflecting the line item costs 
for the loan and any other sources of funds for the project.
    (d) Financial information. The applicant must show its financial 
ability to complete the project; show project feasibility; and provide 
evidence that it can execute a note for a loan for a maturity period 
greater than one year. For educational institutions participating in a 
project application (including all members of a consortium), the 
financial data must reflect revenue and expense reports and balance 
sheet reports, reflecting net worth, for the most recent annual 
reporting period preceding the date of the application. For medical 
institutions participating in a project application (including all 
members of a consortium), the financial data must include income 
statement and balance sheet reports, reflecting net worth, for the most 
recent completed fiscal year preceding the date of the application. When 
the applicant is a partnership, company, corporation, or other entity, 
current balance sheets, reflecting net worth, are needed from each of 
the entities that has at least a 20 percent interest in such 
partnership, company, corporation or other entity. When the applicant is 
a consortium, a current balance sheet, reflecting net worth, is needed 
from each member of the consortium and from each of the entities that 
has at least a 20 percent interest in such member of the consortium.
    (1) Applicants must include sufficient pro-forma financial data 
which adequately reflects the financial capability of project 
participants and the project as a whole to continue a sustainable 
project for a minimum of 10 years and repay the requested loan. This 
documentation should include sources of sufficient income or revenues to 
pay operating expenses including telecommunications access and toll 
charges, system maintenance, salaries, training, and any other general 
operating expenses, provide for replacement of depreciable items, and 
show repayment of interest and principal for the loan.
    (2) A list of property which will be used as collateral to secure 
repayment of the proposed loan. The applicant shall purchase and own 
collateral that secures the loan free from liens or security interests 
and take all actions necessary to perfect a first lien in the collateral 
that secures the loan. RUS will consider as adequate security a loan 
guarantee by a telecommunications or electric borrower or by another 
qualified party. Additional forms of security, including letters of 
credit, real estate, or any other items will be considered. RUS will 
determine the adequacy of the security offered.
    (3) As applicable, a depreciation schedule covering all assets of 
the project. Those assets for which a loan is being requested should be 
clearly indicated.
    (4) For each hub and end user site, the applicant must identify and 
provide reasonable evidence of each source of revenue. If the projection 
relies on cost sharing arrangements among hub and end user sites, the 
applicant must provide evidence of agreements made among project 
participants.
    (5) For applicants eligible under Sec.  1734.4(a)(1), an explanation 
of the economic analysis justifying the rate structure to ensure that 
the benefit, including cost saving, of the financial assistance is 
passed through to the other persons receiving telemedicine or distance 
learning services.

[[Page 264]]

    (e) A statement of experience. The applicant must provide a written 
narrative (not exceeding three single spaced pages) describing its 
demonstrated capability and experience, if any, in operating an 
educational or health care endeavor and any project similar to the 
project. Experience in a similar project is desirable but not required.
    (f) A telecommunications system plan. A telecommunications system 
plan, consisting of the following (the items in paragraphs (f)(4) and 
(5) of this section are required only when the applicant is requesting a 
loan for telecommunications transmission facilities):
    (1) The capabilities of the telecommunications terminal equipment, 
including a description of the specific equipment which will be used to 
deliver the proposed service. The applicant must document discussions 
with various technical sources which could include consultants, 
engineers, product vendors, or internal technical experts, provide 
detailed cost estimates for operating and maintaining the end user 
equipment and provide evidence that alternative equipment and 
technologies were evaluated.
    (2) A listing of the proposed purchases or leases of 
telecommunications terminal equipment, telecommunications transmission 
facilities, data terminal equipment, interactive video equipment, 
computer hardware and software systems, and components that process data 
for transmission via telecommunications, computer network components, 
communication satellite ground station equipment, or any other elements 
of the telecommunications system designed to further the purposes of 
this subpart, that the applicant intends to build or fund using a loan.
    (3) A description of the consultations with the appropriate 
telecommunications carriers (including other interexchange carriers, 
cable television operators, enhanced service providers, providers of 
satellite services, and telecommunications equipment manufacturers and 
distributors) and the anticipated role of such providers in the proposed 
telecommunications system.
    (4) Results of discussions with local exchange carriers serving the 
project area addressing the concerns contained in Sec.  1734.41(h).
    (5) The capabilities of the telecommunications transmission 
facilities, including bandwidth, networking topology, switching, 
multiplexing, standards, and protocols for intra-networking and open 
systems architecture (the ability to effectively communicate with other 
networks). In addition, the applicant must explain the manner in which 
the transmission facilities will deliver the proposed services. For 
example, for medical diagnostics, the applicant might indicate whether 
or not a guest or other diagnosticians can join the network from 
locations off the network. For educational services, indicate whether or 
not all hub and end-user sites are able to simultaneously hear in real-
time and see each other or the instructional material in real-time. The 
applicant must include detailed cost estimates for operating and 
maintaining the network, and include evidence that alternative delivery 
methods and systems were evaluated.
    (g) Compliance with other Federal statutes. The applicant must 
provide evidence of compliance with other Federal statutes and 
regulations including, but not limited to the following:
    (1) E.O. 11246, Equal Employment Opportunity, as amended by E.O. 
11375 and as supplemented by regulations contained in 41 CFR part 60;
    (2) Architectural barriers;
    (3) Flood hazard area precautions;
    (4) Assistance and Real Property Acquisition Policies Act of 1970;
    (5) Drug-Free Workplace Act of 1998 (41 U.S.C. 8101 et seq.), 2 CFR 
part 421;
    (6) E.O.s 12549 and 12689, Debarment and Suspension, 2 CFR part 180, 
which is adopted by USDA through 2 CFR part 417;
    (7) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), 2 CFR part 418.
    (h) Environmental review requirements.
    (1) The applicant must provide details of the project's impact on 
the environment and historic properties, in accordance with 7 CFR part 
1970. The application must contain a separate section entitled 
``Environmental Impact of the Project.''

[[Page 265]]

    (2) The applicant must use any programmatic environmental 
agreements, available from RUS, in effect at the time of filing to 
assist in complying with the requirements of this section.
    (i) Evidence of legal authority and existence. The applicant must 
provide evidence of its legal existence and authority to enter into debt 
with RUS and perform the activities proposed under the loan application.
    (j) Federal debt certification. The applicants must provide a 
certification that it is not delinquent on any obligation owed to the 
government (31 U.S.C. 3720B).
    (k) Supplemental information. The applicant should provide any 
additional information it considers relevant to the project and likely 
to be helpful in determining the extent to which the project would 
further the purposes of this subpart.
    (l) Additional information required by RUS. The applicant must 
provide any additional information RUS determines is necessary to 
adequately evaluate the application. Modifications or changes, including 
changes in the loan amount requested, may be requested in any project 
described in an application submitted under this subpart.



Sec.  1734.45  Application selection provisions.

    (a) Loans will be approved based on availability of funds, the 
financial feasibility of the project in accordance with Sec.  
1734.44(d), the services to be provided which demonstrate that the 
project meets the general requirements of this subpart, the design of 
the project; costs; location; and other characteristics of the 
application.
    (b) RUS will determine, from the information submitted with each 
application for a loan, whether the application achieves sufficient 
priority, based on the criteria set forth in the 1996 Act, to receive a 
loan from funds available for the fiscal year. If such priority is 
achieved, RUS will process the loan application on a first-in, first-out 
basis, provided that the total amount of applications on-hand for loans 
does not exceed 90 percent of the total loan funding available for the 
fiscal year. At such time as the total amount of applications eligible 
for loans, if such applications were approved, exceeds 90 percent of 
amount of loan funding available, RUS will process the remaining 
applications using the evaluation criteria referenced in Sec.  1734.26.
    (c) A loan will not be approved if it is determined that:
    (1) The applicant's proposal does not indicate financial 
feasibility, or is not adequately secured in accordance with the 
requirements of Sec.  1734.44(d);
    (2) The applicant's proposal indicates technical flaws, which, in 
the opinion of RUS, would prevent successful implementation, or 
operation of the project; or
    (3) Any other aspect of the applicant's proposal fails to adequately 
address any requirements of this subpart or contains inadequacies which 
would, in the opinion of RUS, undermine the ability of the project to 
meet the general purpose of this subpart or comply with policies of the 
DLT program contained in Sec.  1734.2.
    (d) RUS will provide the applicant with a statement of any 
determinations made with regard to paragraphs (c)(1) through (c)(3) of 
this section. The applicant will be provided 15 days from the date of 
the RUS letter to respond, provide clarification, or make any 
adjustments or corrections to the project. If, in the opinion of the 
Administrator, the applicant fails to adequately respond to any 
determinations or other findings made by the Administrator, the loan 
will not be approved, and the applicant will be notified of this 
determination. If the applicant does not agree with this finding an 
appeal may be filed in accordance with Sec.  1734.47.



Sec.  1734.46  Submission of applications.

    (a) RUS will accept applications for loans submitted by RUS 
Telecommunications GFRs, by Rural Development State Directors, or by 
applicants themselves. Applications for loans under this subpart may be 
filed at any time and will be evaluated as received on a non-competitive 
basis.
    (b) Applications submitted to the State Director, Rural Development, 
in the State serving the headquarters of the project will be evaluated 
as they are submitted. All applicants must submit an original and an 
electronic version of a completed application. The

[[Page 266]]

applicant must also submit a copy of the application to the State 
government point of contact, if one has been designated for the State, 
at the same time it submits an application to the State Director. The 
State Director will:
    (1) Review each application for completeness in accordance with 
Sec.  1734.44, and notify the applicant, within 15 working days of 
receiving the application, of the results of this review, acknowledging 
a complete application, or citing any information that is incomplete. To 
be considered for a loan, the applicant must submit any additional 
information requested to complete the application within 15 working days 
of the date of the State Director's written response. If the applicant 
fails to submit such information, the application will be returned to 
the applicant.
    (2) Within 30 days of the determination of a completed application 
in accordance with paragraph (b)(1) of this section, review the 
application to determine suitability for financial assistance in 
accordance with Sec.  1734.45, and other requirements of this subpart. 
Based on its review, the State Director will work with the applicant to 
resolve any questions or obtain any additional information. The 
applicant will be notified, in writing, of any additional information 
required to allow a financial assistance recommendation and will be 
provided a reasonable period of time to furnish the additional 
information.
    (3) Based on the review in accordance with Sec.  1734.45 and other 
requirements of this subpart, make a preliminary determination of 
suitability for financial assistance. A loan recommendation will be 
prepared by the State Director with concurrence of the RUS 
telecommunications GFR that addresses the provisions of Sec. Sec.  
1734.44 and 1734.45 and other applicable requirements of this subpart.
    (4) If the application is determined suitable for further 
consideration by RUS, forward an original and an electronic version of 
the application with a loan recommendation, signed jointly, to the 
Assistant Administrator, Telecommunications Program, Rural Utilities 
Service, Washington, DC. The applicant will be notified by letter of 
this action. Upon receipt of the application from the State Director, 
RUS will conduct a cursory review of the application and the 
recommendation. A final determination will be made within 15 days. If 
the Administrator determines that a loan can be approved, the State 
Director will be notified and the State Director will notify the 
applicant. Applications for loans will be processed, and approved loans 
serviced, in accordance with Sec. Sec.  1734.5 through 1734.12.
    (5) If the State Director determines that the application is not 
suitable for further consideration by RUS, notify the applicant with the 
reasons for this determination.
    (c) Applications submitted by RUS Telecommunications GFRs or 
directly by applicants will be evaluated as they are submitted. All 
applicants must submit an original and an electronic version of a 
completed application. The applicant must also submit a copy of the 
application to the State government point of contact, if one has been 
designated for the State, at the same time it submits an application to 
the RUS. RUS will:
    (1) Review each application for completeness in accordance with 
Sec.  1734.44, and notify the applicant, within 15 working days of 
receiving the application, of the results of this review, acknowledging 
a complete application, or citing any information that is incomplete. To 
be considered for a loan, the applicant must submit any additional 
information requested to complete the application within 15 working days 
of the date of the RUS written response. If the applicant fails to 
submit such information, the application will be returned to the 
applicant.
    (2) Within 30 days of the determination of a completed application 
in accordance with paragraph (c)(1) of this section, review the 
application to determine suitability for financial assistance in 
accordance with this subpart. Based on its review, RUS will work with 
the applicant to resolve any questions or obtain any additional 
information. The applicant will be notified, in writing, of any 
additional information required to allow a financial assistance 
recommendation and will be provided a reasonable period of time to 
furnish the additional information.

[[Page 267]]

    (3) If the application is determined suitable for further 
consideration by RUS, conduct a review of the application and financial 
assistance recommendation. A final determination will be made within 15 
days. If the Administrator determines that a loan can be approved, the 
applicant will be notified. Applications will be processed, and approved 
loans serviced, in accordance with Sec. Sec.  1734.5 through 1734.12.
    (4) If RUS determines that the application is not suitable for 
further consideration, notify the applicant with the reasons for this 
determination. The applicant will be offered appeal rights in accordance 
with Sec.  1734.47.



Sec.  1734.47  Appeals.

    RUS Electric and Telecommunications Borrowers may appeal a decision 
to reject their application. Any appeal must be made, in writing, within 
10 days after the applicant is notified of the determination to deny the 
application. Appeals shall be submitted to the Administrator, RUS, U.S. 
Department of Agriculture, 1400 Independence Ave. SW., STOP 1590, 
Washington, DC 20250-1590. Thereafter, the Administrator will review the 
appeal to determine whether to sustain, reverse, or modify the original 
determination. Final determinations will be made after consideration of 
all appeals. The Administrator's determination will be final. A copy of 
the Administrator's decision will be furnished promptly to the 
applicant.



PART 1735_GENERAL POLICIES, TYPES OF LOANS, LOAN REQUIREMENTS_
TELECOMMUNICATIONS PROGRAM--Table of Contents



                            Subpart A_General

Sec.
1735.1 General statement.
1735.2 Definitions.
1735.3 Availability of forms.
1735.4-1735.9 [Reserved]

               Subpart B_Loan Purposes and Basic Policies

1735.10 General.
1735.11 Area coverage.
1735.12 Nonduplication.
1735.13 Location of facilities and service for nonrural subscribers.
1735.14 Borrower eligibility.
1735.15 Civil rights.
1735.16 Minimum loan amount.
1735.17 Facilities financed.
1735.18 Additional equity.
1735.19 Mergers and consolidations.
1735.20 Acquisitions.
1735.21 Refinancing loans.
1735.22 Loan security.
1735.23 Public notice.
1735.24 Additional reporting requirements.
1735.25-1735.29 [Reserved]

                        Subpart C_Types of Loans

1735.30 Hardship loans.
1735.31 RUS cost-of-money.
1735.32 Guaranteed loans.
1735.33 Variable interest rate loans.
1735.34-1735.39 [Reserved]

                        Subpart D_Terms of Loans

1735.40 General.
1735.41 Notes.
1735.42 [Reserved]
1735.43 Payments on loans.
1735.44 Prepayment premiums.
1735.45 Extension of payments.
1735.46 Loan security documents.
1735.47 Rescissions of loans.
1735.48-1735.49 [Reserved]

             Subpart E_Basic Requirements for Loan Approval

1735.50 Administrative findings.
1735.51 Required findings.
1735.52 Findings required for particular loan purposes.
1735.53-1735.59 [Reserved]

         Subpart F_Mortgage Controls on Acquisitions and Mergers

1735.60 Specific provisions.
1735.61 Approval criteria.
1735.62 Approval of acquisitions and mergers.
1735.63-1735.69 [Reserved]

               Subpart G_Acquisitions Involving Loan Funds

1735.70 Use of loan funds.
1735.71 Nonrural areas.
1735.72 Acquisition agreements.
1735.73 Loan design.
1735.74 Submission of data.
1735.75 Interim financing.
1735.76 Acquisition of affiliates.
1735.77 Release of loan funds, requisitions, advances.
1735.78-1735.79 [Reserved]

[[Page 268]]

  Subpart H_Acquisitions or Mergers Not Involving Additional Loan Funds

1735.80 Submission of data.
1735.81-1735.89 [Reserved]

         Subpart I_Requirements for All Acquisitions and Mergers

1735.90 Preliminary approvals.
1735.91 Location of facilities.
1735.92 Accounting considerations.
1735.93 Notes.
1735.94 Final approval and closing procedure.
1735.95 Unadvanced loan funds.
1735.96-1735.99 [Reserved]

                    Subpart J_Toll Line Acquisitions

1735.100 Use of loan funds.
1735.101 With nonloan funds.

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

    Source: 54 FR 13352, Apr. 3, 1989, unless otherwise noted. 
Redesignated at 55 FR 39395, Sept. 27, 1990.



                            Subpart A_General



Sec.  1735.1  General statement.

    (a) Subparts A through E of this part set forth the general 
policies, types of loans and loan requirements under the Telephone loan 
program.
    (b) The standard RUS security documents (see 7 CFR 1744 subpart D or 
RUS Bulletins 320-4, 320-22, 321-2, 322-2, 323-1, 326-1) contain 
provisions regarding acquisitions, mergers, and consolidations. Subparts 
F through J of this part implement those provisions by setting forth the 
policies, procedures, and requirements for telephone borrowers planning 
to acquire existing telephone lines, facilities, or systems with RUS 
loan or other funds, or planning to merge or consolidate with another 
system. This part supersedes all RUS Bulletins that are in conflict with 
it.
    (c) Subparts F through J of this part also detail RUS's requirements 
with respect to mergers and acquisitions involving RUS loan funds.
    (d) Entities applying for a loan under this part may be eligible to 
receive a grant under 7 CFR 1738.101, for a portion of the project 
providing retail broadband service.

[55 FR 39395, Sept. 27, 1990; 55 FR 41170, Oct. 9, 1990, as amended at 
86 FR 50608, Sept. 10, 2021]



Sec.  1735.2  Definitions.

    As used in this part:
    Access line means a transmission path between user terminal 
equipment and a switching center that is used for local exchange 
service. For multiparty service, the number of access lines equals the 
number of lines/paths terminating on the mainframe of the switching 
center.
    Acquisition means the purchase of another telephone system, lines, 
or facilities whether by acquiring telephone plant in service or 
majority stock interest of one or more organizations.
    Acquisition agreement means the agreement, including a sales 
agreement, between the seller and purchaser outlining the terms and 
conditions of the acquisition. Acquisition agreements also include any 
other agreements, such as options and subsidiary agreements relating to 
terms of the transaction.
    Administrator means the Administrator of RUS.
    Advance of funds means the transferring of funds by RUS to the 
borrower's construction fund.
    Appropriated means funds appropriated based on subsidy.
    Affiliate means an organization that directly, or indirectly through 
one or more intermediaries, controls or is controlled by, or is under 
common control with, the borrower.
    Borrower means any organization which has an outstanding loan made 
or guaranteed by RUS, or which is seeking such financing.
    Cash distribution means investments, guarantees, extensions of 
credit, advances, loans, non-affiliated company joint ventures, 
affiliated company investments, and dividend and capital credit 
distributions. Not included in this definition are qualified investments 
(see 7 CFR part 1744, subpart D).
    Composite economic life as applied to facilities financed by loan 
funds means the weighted (by dollar amount of each class of facility in 
the loan) average

[[Page 269]]

economic life of all classes of facilities in the loan.
    Consolidation means the combination of two or more borrower or 
nonborrower organizations, pursuant to state law, into a new successor 
organization that takes over the assets and assumes the liabilities of 
those organizations.
    Construction fund means the RUS Construction Account required by 
Sec.  2.4 of the standard loan contract into which all RUS loan funds 
are advanced.
    Depreciation means the loss not restored by current maintenance, 
incurred in connection with the consumption or prospective retirement of 
telecommunications plant in the course of service from causes which are 
known to be in current operation, against which the company is not 
protected by insurance, and the effect of which can be forecast to a 
reasonable approach to accuracy.
    Economic life as applied to facilities financed by loan funds, means 
the number of years resulting from dividing 100 percent by the 
depreciation rate (expressed as a percent) approved by the regulatory 
body with jurisdiction over the telephone service provided by the 
borrower for the class of facility involved or, if no approved rate 
exists, by the median depreciation rate expressed as a percent as 
published by RUS in its Statistical Report, Rural Telephone Borrowers 
for all RUS borrowers for that class of facility.
    Exchange access means the offering of access to telephone exchange 
services or facilities for the purpose of the origination or termination 
of telephone toll services.
    Feasibility study means the pro forma financial analysis performed 
by RUS to determine the economic feasibility of a loan. See 7 CFR part 
1737.
    Forecast period means the time period beginning on the date (base 
date) of the borrower's balance sheet used in preparing the feasibility 
study and ending on a date equal to the base date plus the number of 
years estimated in the feasibility study for completion of the project. 
Feasibility projections are usually for 5 years, see Sec.  1737.70(a) of 
this chapter. For example, the forecast period for a loan based on a 
December 31, 1990 balance sheet and having a 5-year estimated project 
completion time is the period from December 31, 1990 to December 31, 
1995.
    Funded reserve means a separate asset account, approved by RUS, 
consisting of any or all of the following:
    (1) Federal government securities purchased in the name of the 
borrower;
    (2) Other securities issued by an institution whose senior unsecured 
debt obligations are rated in any of the top three categories by a 
nationally recognized rating organization; or
    (3) Cash.
    GFR means the RUS general field representative.
    Guaranteed loan means a loan guaranteed by RUS under section 306 of 
the RE Act bearing interest at a rate agreed to by the borrower and the 
lender.
    Hardship loan means a loan made by RUS under section 305(d)(1) of 
the RE Act bearing interest at a rate of 5 percent per year.
    Interim financing means funding for a project which RUS has 
acknowledged could be included in a loan, should said loan be approved, 
but for which RUS funds have not yet been made available. See 7 CFR part 
1737, subpart E.
    Loan means any loan made or guaranteed by RUS.
    Loan contract means the loan agreement between RUS and the borrower, 
including all amendments thereto.
    Loan funds means funds provided by RUS through direct or guaranteed 
loans.
    Local exchange carrier (LEC) means an organization that is engaged 
in the provision of telephone exchange service or exchange access.
    Majority noteholders means the holder or holders of a majority in 
principal amount of the notes outstanding at a particular time.
    Merger means the combining, pursuant to state law, of one or more 
borrower or nonborrower organizations into an existing survivor 
organization that takes over the assets and assumes the liabilities of 
the merged organizations. While the terms merger and consolidation have 
different meanings, for the purpose of this part, ``mergers'' also 
include consolidations as defined above. Furthermore, ``mergers'' also 
include acquisitions where the acquired systems, lines, or facilities 
and

[[Page 270]]

the acquiring system are operated as one system.
    Mobile telecommunications service means radio communication voice 
service between mobile and land or fixed stations, or between mobile 
stations.
    Modernization Plan (State Telecommunications Modernization Plan) 
means a State plan, which has been approved by RUS, for improving the 
telecommunications network of those telecommunications providers covered 
by the plan. A Modernization Plan must conform to the provisions of 7 
CFR 1751, subpart B.
    Mortgage means the security agreement between RUS and the borrower, 
including any amendments and supplements thereto.
    Net worth means the sum of the balances of the following accounts of 
the borrower:

------------------------------------------------------------------------
                        Account names                            Number
------------------------------------------------------------------------
(1) Capital stock............................................       4510
(2) Additional paid-in capital...............................       4520
(3) Treasury stock...........................................       4530
(4) Other capital............................................       4540
(5) Retained earnings........................................       4550
------------------------------------------------------------------------
Note: For nonprofit organizations, owners' equity is shown in
  subaccounts of 4540 and 4550. All references regarding account numbers
  are to the Uniform System of Accounts (47 CFR part 32).

    Public switched network means any common carrier switched network, 
whether by wire or radio, including local exchange carriers, 
interexchange carriers, and mobile telecommunications service providers, 
that use the North American Numbering Plan in connection with the 
provision of switched services.
    RE Act means the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901 et seq.).
    Retail broadband service means any technology identified by the 
Administrator as having the capacity to provide transmission facilities 
that enable the subscriber to receive a minimum level of service equal 
to at least a downstream transmission capacity of 25 megabits per second 
(Mbps) and an upstream transmission capacity of 3 Mbps. The agency may 
change the minimum transmission capacity by way of notice in the Federal 
Register. The minimum transmission capacity may be higher than 25 Mbps 
downstream and 3 Mbps upstream but cannot be lower.
    Rural area means any area of the United States, its territories and 
insular possessions (including any area within the Federated States of 
Micronesia, the Republic of the Marshall Islands, and the Republic of 
Palau) not included within the boundaries of any incorporated or 
unincorporated city, village or borough having a population exceeding 
5,000 inhabitants, and which excludes certain populations pursuant to 7 
U.S.C. 1991(a)(13)(H) and (I). The population figure is obtained from 
the most recent decennial Census of the United States (decennial 
Census). If the applicable population figure cannot be obtained from the 
most recent decennial Census, RD will determine the applicable 
population figure based on available population data. For purposes of 
the ``rural area'' definition, the character of an area is determined as 
of a time the initial loan for the system is made.
    RUS means the Rural Utilities Service, an agency of the United 
States Department of Agriculture, successor to the Rural Electrification 
Administration.
    RUS cost-of-money loan means a loan made under section 305(d)(2) of 
the RE Act bearing an interest rate as determined under Sec.  
1735.31(c).
    Specialized telecommunications service means any telephone service 
other than telephone exchange service, exchange access, or mobile 
telecommunications service.
    Subscriber means the same as access line.
    Survivor means (1) the successor corporation formed by the 
consolidation of one or more borrowers, (2) the corporation remaining 
after completion of a merger involving one or more borrowers, and (3) a 
corporation assuming all or a portion of an RUS loan in connection with 
an acquisition.
    Telecommunications means the transmission or reception of voice, 
data, sounds, signals, pictures, writings, or signs of all kinds, by 
wire, fiber, radio, light, or other visual or electromagnetic means.
    Telephone exchange service means: (1) Service provided primarily to 
fixed locations within a telephone exchange,

[[Page 271]]

or within a connected system of telephone exchanges within the same 
exchange area operated to furnish to subscribers intercommunicating 
service of the character ordinarily furnished by a single exchange, and 
which is covered by the exchange service charge; or
    (2) Comparable service provided through a system of switches, 
transmission equipment, or other facilities (or combination thereof) by 
which a subscriber can originate and terminate a telecommunications 
service.
    Telephone service means any communication service for the 
transmission or reception of voice, data, sounds, signals, pictures, 
writing, or signs of all kinds by wire, fiber, radio, light, or other 
visual or electromagnetic means and includes all telephone lines, 
facilities and systems to render such service. It does not mean:
    (1) Message telegram service;
    (2) Community antenna television system services or facilities other 
than those intended exclusively for educational purposes; or
    (3) Radio broadcasting services or facilities within the meaning of 
section 3(o) of the Communications Act of 1934, as amended.
    Times Interest Earned Ratio (TIER) means the ratio of a borrower's 
net income (after taxes) plus interest expense, all divided by interest 
expense. For the purpose of this calculation, all amounts will be annual 
figures and interest expense will include only interest on debt with a 
maturity greater than one year.
    Total assets means the sum of the balances of the following accounts 
of the borrower:

------------------------------------------------------------------------
               Account names                           Number
------------------------------------------------------------------------
(1) Current assets........................  1100s through 1300s.
(2) Noncurrent Assets.....................  1400s through 1500s.
(3) Total telecommunications plant........  2001 through 2007.
(4) Less: Accumulated depreciation........  3100 through 3300s.
(5) Less: Accumulated amortization........  3400 through 3600s.
------------------------------------------------------------------------
Note: All references regarding account numbers are to the Uniform System
  of Accounts (47 CFR part 32).


[54 FR 13351, Apr. 3, 1989; 54 FR 16194, Apr. 21, 1989. Redesignated at 
55 FR 39395, Sept. 27, 1990, as amended at 56 FR 26596, June 10, 1991; 
58 FR 66253, Dec. 20, 1993; 62 FR 46869, Sept. 5, 1997; 65 FR 42619, 
July 11, 2000; 65 FR 54402, Sept. 8, 2000; 80 FR 9861, Feb. 24, 2015; 84 
FR 59920, Nov. 7, 2019; 86 FR 50608, Sept. 10, 2021; 87 FR 38642, June 
29, 2022]



Sec.  1735.3  Availability of forms.

    Single copies of RUS forms and publications cited in this part are 
available from Program Support Regulatory Analysis, Rural Utilities 
Service, STOP 1522, 1400 Independence Ave., SW., Washington, DC 20250-
1522. These RUS forms and publications may be reproduced. The terms 
``RUS form'', ``RUS standard form'', and ``RUS specification'' have the 
same meanings as the terms ``REA form'' ``REA standard form'', and ``REA 
specification'', respectively, unless otherwise indicated.

[54 FR 13351, Apr. 3, 1989. Redesignated at 55 FR 39395, Sept. 27, 1990, 
as amended at 59 FR 66441, Dec. 27, 1994; 62 FR 46870, Sept. 5, 1997]



Sec. Sec.  1735.4-1735.9  [Reserved]



               Subpart B_Loan Purposes and Basic Policies

    Source: 54 FR 13351, Apr. 3, 1989, unless otherwise noted. 
Redesignated at 55 FR 39395, Sept. 27, 1990.



Sec.  1735.10  General.

    (a) Loans made or guaranteed by the Administrator of RUS will be 
made in conformance with the Rural Electrification Act of 1936 (RE Act), 
as amended (7 U.S.C. 901 et seq.), and 7 CFR chapter XVII. RUS provides 
borrowers with specialized and technical accounting, engineering, and 
other managerial assistance in the construction and operation of their 
facilities when necessary to aid in the development of rural telephone 
service and to protect loan security. The Rural Utilities Service (RUS) 
makes loans to:
    (1) Furnish and improve telephone service in rural areas; and
    (2) To finance facilities and equipment which expand, improve or 
provide:
    (i) 911 access;
    (ii) Integrated interoperable emergency communications, including

[[Page 272]]

multiuse networks that provide critical transportation-related 
information services in addition to emergency communications services;
    (iii) Homeland security communications;
    (iv) Transportation safety communications; or
    (v) Location technologies used outside an urbanized area.
    (b) RUS will not make hardship loans or RUS cost-of-money loans for 
any wireline local exchange service or similar fixed-station voice 
service that, in RUS' opinion, is inconsistent with the borrower 
achieving the requirements stated in the State's telecommunication 
modernization plan within the time frame stated in the plan (see 7 CFR 
part 1751, subpart B), unless RUS has determined that achieving the 
requirements as stated in such plan is not technically or economically 
feasible.
    (c) A borrower receiving a loan to provide mobile telecommunications 
services or special telecommunications services shall be considered to 
be participating in the state telecommunications plan (TMP) with respect 
to the particular loan so long as the loan funds are not used in a 
manner that, in RUS' opinion, is inconsistent with the borrower 
achieving the goals set forth in the plan, except that a borrower must 
comply with any portion of a TMP made applicable to the borrower by a 
state commission with jurisdiction.
    (d) RUS will not deny or reduce a loan or an advance of loan funds 
based on a borrower's level of general funds.
    (e) The Administrator may use consultants funded by the borrower for 
financial, legal, engineering, and other technical advice in connection 
with the review of a borrower's loan application.
    (f) For the purpose of paragraph (a)(2) of this section, rural areas 
means any area that is not located within a city, town, or incorporated 
area that has a population of greater than 20,000 inhabitants or within 
an urbanized area contiguous and adjacent to a city or town that has a 
population of greater than 50,000 inhabitants. For the purpose of the 
definition of rural area,
    (1) The population figure is obtained from the most recent decennial 
Census of the United States (decennial Census). If the applicable 
population figure cannot be obtained from the most recent decennial 
Census, RD will determine the applicable population figure based on 
available population data; and
    (2) An urbanized area means a densely populated territory as defined 
in the most recent decennial Census.

[58 FR 66253, Dec. 20, 1993, as amended at 59 FR 17464, Apr. 13, 1994; 
65 FR 42619, July 11, 2000; 65 FR 54403, Sept. 8, 2000; 76 FR 56093, 
Sept. 12, 2011; 80 FR 9861, Feb. 24, 2015; 84 FR 59921, Nov. 7, 2019; 86 
FR 50608, Sept. 10, 2021]



Sec.  1735.11  Area coverage.

    Borrowers must make adequate telephone service available to the 
widest practical number of rural subscribers during the life of the 
loan. Both the nature of the service area and the cost per subscriber 
must be fully considered. The borrower must seek to provide service to 
all interested potential subscribers in the service area. Borrowers are 
not required to extend service in situations where the costs would be 
exorbitant. The loan contract shall contain appropriate provisions to 
effect this requirement. See 7 CFR 1737.11(a), Preapplication 
Determinations: Area to be Served.



Sec.  1735.12  Nonduplication.

    (a) A loan will not be made unless the Administrator determines that 
no duplication of lines, facilities, or systems already providing 
reasonably adequate services shall result from such a loan.
    (b) Existing borrowers that apply to upgrade existing facilities in 
their existing service area are exempt from the non-duplication 
requirement in paragraph (a) of this section.
    (c) RUS shall consider the following criteria for any wireline local 
exchange service or similar fixed-station voice service provided by a 
local exchange carrier (LEC) in determining whether such service is 
reasonably adequate:
    (1) The LEC is providing area coverage as described in Sec.  
1735.11.
    (2) The LEC makes available custom calling features (at a minimum, 
call waiting, call forwarding, abbreviated dialing, and three-way 
calling).

[[Page 273]]

    (3) The LEC is able to provide E911 service to all subscribers, when 
requested by the government entity responsible for this service.
    (4) The LEC is able to offer local service with blocked toll access 
to those subscribers who request it.
    (5) The LEC's network is capable of providing retail broadband 
service as defined in Sec.  1735.2 to any subscriber location.
    (6) There is an absence of frequent service interruptions.
    (7) The LEC is interconnected with the public switched network.
    (8) No Federal or State regulatory commission having jurisdiction 
has determined that the quality, availability, or reliability of the 
service provided is inadequate.
    (9) Services are provided at reasonably affordable rates.
    (10) Any other criteria the Administrator determines to be 
applicable to the particular case.
    (d) RUS shall consider the following criteria for any of mobile 
telecommunications service in determining whether such service is 
reasonably adequate:
    (1) The extent to which area coverage is being provided as described 
in 7 CFR 1735.11.
    (2) Clear and reliable call transmission is provided with sufficient 
channel availability.
    (3) The mobile telecommunications service signal strength is at 
least -85dBm (decibels expressed in miliwatts).
    (4) The mobile telecommunications service is interconnected with the 
public switched network.
    (5) Mobile 911 service is available to all subscribers, when 
requested by the local government entity responsible for this service.
    (6) No Federal or State regulatory commission having jurisdiction 
has determined that the quality, availability, or reliability of the 
service provided is inadequate.
    (7) Mobile telecommunications service is not provided at rates which 
render the service unaffordable to a significant number of rural 
persons.
    (8) Any other criteria the Administrator determines to be applicable 
to the particular case.
    (e) RUS does not consider mobile telecommunications service a 
duplication of existing wireline local exchange service or similar 
fixed-station voice service. RUS may finance mobile telecommunications 
systems designed to provide eligible services in rural areas under the 
Rural Electrification Act even though the services provided by the 
system may incidentally overlap services of existing mobile 
telecommunications providers.
    (f) RUS shall consider the following criteria for any provider of a 
specialized telecommunications service in determining whether such 
service is reasonably adequate:
    (1) The provider of a specialized telecommunications service is 
providing area coverage as described in Sec.  1735.11.
    (2) An adequate signal strength is provided throughout the largest 
practical portion of the service area.
    (3) There is an absence of frequent service interruptions.
    (4) The quality and variety of service provided is comparable to 
that provided in nonrural areas.
    (5) The service provided complies with industry standards.
    (6) No Federal, State, or local regulatory commission having 
jurisdiction has determined that the quality, availability, or 
reliability of the service provided is inadequate.
    (7) Services are provided at reasonably affordable rates.
    (8) Any other criteria the Administrator determines to be applicable 
to the particular case.
    (g) RUS shall consider the following criteria for loans made for the 
purposes described in Sec.  1735.10(a)(2):
    (1) In making a preliminary assessment and a credit decision, the 
RUS will take into consideration the extent to which the emergency 
communications capability or emergency communications benefits already 
exist in the affected area and the need expressed by the proposed user 
of the emergency communications technology.
    (2) The RUS will not consider an application to finance an upgrade 
of 911 capabilities or other emergency communications capability by 
different providers serving the same geographic area to be automatically 
duplicative. For example, RUS will generally not

[[Page 274]]

consider an application from two competing wireless carriers to upgrade 
their E911 capabilities in overlapping geographic territories to be 
duplicative, however the carrier's competitive situation will be a 
relevant consideration in evaluating the ability of a service provider 
to repay their loan.
    (3) Duplication considerations will be reviewed on the basis of the 
emergency communications benefit; the Agency encourages applicants to 
fully embrace interoperability to maximize the impact of RUS financed 
investments. In the case of dual or multi-use technologies, the extent 
to which the proposed non-emergency communications benefits are 
available from other providers within the proposed service area will be 
considered in determining loan feasibility.

[54 FR 13351, Apr. 3, 1989. Redesignated at 55 FR 39395, Sept. 27, 1990, 
as amended at 65 FR 42619, July 11, 2000; 65 FR 54403, Sept. 8, 2000; 76 
FR 56093, Sept. 12, 2011; 86 FR 50608, Sept. 10, 2021]



Sec.  1735.13  Location of facilities and service for nonrural subscribers.

    (a) When it is determined by the Administrator to be necessary in 
order to furnish or improve telephone service in rural areas, loans may 
be made for the improvement, expansion, construction, acquisition, and 
operation of telephone lines, facilities, or systems without regard to 
their geographical location.
    (b) To the greatest extent practical, loans are limited to providing 
telephone facilities that serve subscribers in rural areas. In order to 
furnish and improve service to rural subscribers it may at times be 
necessary to provide loan funds to finance telephone facilities which 
(1) will also serve nonrural subscribers, or (2) are located in nonrural 
areas. Loans may be approved to finance such facilities if the 
Administrator determines, on a case-by-case basis, that (i) the primary 
purpose of the loan is to provide service to rural areas and (ii) the 
financing of facilities for nonrural subscribers is necessary and 
incidental to furnishing or improving telephone service in rural areas.
    (c) Loan funds may be approved for facilities to serve nonrural 
subscribers only if (1) the principal purpose of the loan is to furnish 
and improve rural service and (2) the use of loan funds to serve 
nonrural subscribers is necessary and incidental to the principal 
purpose of the loan. The following are examples of purposes for which 
such loans may be made (such loans are not limited to these examples):
    (1) In the case of construction of a new system, if the loan would 
not be economically feasible and self-liquidating unless the nonrural as 
well as the rural portions of the telephone service area are included in 
the proposed system, the loan may include funds for both portions.
    (2) Where the acquisition of an existing system located in and 
serving a nonrural area is necessary to serve as the nucleus of an 
expanded system to furnish area coverage service in rural areas, the 
loan may include funds to finance the acquisition.
    (3) When a system is being converted to modern service for rural 
subscribers, the loan may include funds for the conversion of the 
nonrural facilities, if the rural service will be improved as a result 
of such nonrural improvements and it is impractical to finance and serve 
the nonrural and rural areas separately.
    (4) A loan may include funds to serve nonrural subscribers located 
in community centers frequently called by the rural subscribers if the 
construction to serve such nonrural subscribers will be incidental to, 
and contribute substantially to, the provision of adequate service for 
the rural subscribers.
    (d) RUS may also approve financing for facilities to serve nonrural 
areas if, at the time financing was first approved by RUS:
    (1) The nonrural area had a population of 1,500 or less when first 
financed by RUS and that financing was approved prior to November 1, 
1993; or
    (2) The nonrural area had a population of 5,000 or less when first 
financed by RUS and that financing was approved on or after November 1, 
1993.

[54 FR 13351, Apr. 3, 1989. Redesignated at 55 FR 39395, Sept. 27, 1990, 
as amended at 58 FR 66253, Dec. 20, 1993]



Sec.  1735.14  Borrower eligibility.

    (a) RUS makes loans to:

[[Page 275]]

    (1) Entities providing, or who may hereafter provide, telephone 
service in rural areas;
    (2) Public bodies providing telephone service in rural areas as of 
October 28, 1949; and
    (3) Cooperative, nonprofit, limited dividend or mutual associations.
    (4) For purposes of Sec.  1735.10(a)(2):
    (i) Any entity eligible to borrow from the RUS;
    (ii) State or local governments;
    (iii) Indian Tribes (as defined in Sec.  4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b); or
    (iv) An emergency communications equipment provider that in the sole 
discretion of RUS offers adequate security for a loan where the State or 
local government that has jurisdiction over the proposed project is 
prohibited by law from acquiring debt.
    (b) RUS does not make loans to individuals.
    (c) RUS gives preference to those borrowers (including initial loan 
applicants) already providing telephone service in rural areas, and to 
cooperative, nonprofit, limited dividend, or mutual associations. To be 
eligible for a loan, a borrower:
    (1) Must have sufficient authority to carryout the purposes of the 
RE Act; and
    (2) Must be incorporated or a limited liability company.

[58 FR 66253, Dec. 20, 1993, as amended at 64 FR 50429, Sept. 17, 1999; 
65 FR 42619, July 11, 2000; 76 FR 56094, Sept. 13, 2011]



Sec.  1735.15  Civil rights.

    Borrowers are required to comply with certain regulations on 
nondiscrimination and equal employment opportunity. See RUS Bulletin 
320-19 and RUS Bulletin 320-15, respectively.



Sec.  1735.16  Minimum loan amount.

    Recognizing plant costs, the borrower's cost of system design, and 
RUS's administrative costs, RUS will not consider applications for loans 
of less than $50,000.



Sec.  1735.17  Facilities financed.

    (a) RUS makes hardship and guaranteed loans to finance the 
improvement, expansion, construction, acquisition, and operation of 
systems or facilities (including station apparatus owned by the 
borrower, headquarters facilities, and vehicles not used primarily in 
construction) to furnish and improve telephone service in rural areas, 
except as noted under paragraph (c) of this section.
    (b) RUS makes RUS cost-of-money to finance the improvement, 
expansion, construction, and acquisition of systems or facilities 
(excluding station apparatus owned by the borrower, headquarters 
facilities, and vehicles not used primarily in construction) to furnish 
and improve telephone service in rural areas, except as noted under 
paragraph (c) of this section.
    (c) RUS will not make any type of loan to finance the following 
items:
    (1) Station apparatus (including PBX and key systems) not owned by 
the borrower and any associated inside wiring;
    (2) Certain duplicative facilities, see Sec.  1735.12;
    (3) Facilities to provide service other than 1-party; and
    (4) System designs or facilities to provide service that cannot 
withstand or are not designed to minimize damage caused by storms and 
other natural catastrophes, including, but not limited to hurricanes, 
floods, tornadoes, mudslides, lightning, windstorms, hail, fire, and 
smoke, unless an alternate design or facility for modern 
telecommunications is more economically or technically feasible. 
Economic and technical feasibility will be determined using total long 
range economic costs and risk analysis.
    (d) Generally, RUS will not make a loan to another entity to provide 
the same telecommunications service in an area served by an incumbent 
RUS telecommunications borrower providing such service. RUS may, 
however, consider an application for a loan to provide the same type of 
service being provided by an incumbent RUS borrower if the Administrator 
determines that the incumbent borrower is unable to meet its obligations 
to the government, including the obligation to provide service set forth 
in its loan documents and to repay its loans.
    (e) If an unadvanced loan, or portion thereof, is rescinded, a new 
loan shall

[[Page 276]]

not be made for the same purposes as in the rescinded loan, except as 
provided in Sec.  1735.47.

[54 FR 13351, Apr. 3, 1989. Redesignated at 55 FR 39395, Sept. 27, 1990, 
as amended at 58 FR 66253, Dec. 20, 1993; 62 FR 46870, Sept. 5, 1997; 65 
FR 42619, July 11, 2000; 84 FR 59921, Nov. 7, 2019]



Sec.  1735.18  Additional equity.

    If determined by the Administrator to be necessary for loan 
security, a borrower applying for an initial loan shall increase its net 
worth as a percentage of assets to the highest level recorded, not to 
exceed 40 percent, at the end of any calendar quarter in the period 
beginning 2 years prior to the receipt by RUS of the borrower's loan 
application form (RUS Form 490). This restoration to the higher level of 
net worth shall take place before RUS will determine the feasibility of 
the proposed loan.



Sec.  1735.19  Mergers and consolidations.

    RUS does not make loans for the sole purpose of merging or 
consolidating telephone organizations. After a merger or consolidation, 
RUS will consider making loans to the telephone system to finance the 
improvement or extension of telephone service in rural areas. See RUS 
Bulletins 320-4, 321-2, 325-1, and 326-1.



Sec.  1735.20  Acquisitions.

    (a) RUS finances the acquisition by a borrower of another system, 
lines, or facilities only when the acquisition is necessary and 
incidental to furnishing or improving rural telephone service. See 7 CFR 
1735.13.
    (b) RUS determines the amount it will lend for each acquisition. If 
the acquisition price exceeds this amount, the borrower shall provide 
the remainder.
    (c) For additional policies on acquisitions, see subpart F through J 
of this part.

[54 FR 13351, Apr. 3, 1989. Redesignated at 55 FR 39395, Sept. 27, 1990, 
as amended at 58 FR 66253, Dec. 20, 1993]



Sec.  1735.21  Refinancing loans.

    (a) Any new direct or guaranteed loan authority provided under the 
RE Act may be used to refinance an outstanding obligation of the 
applicant on another loan made under Titles II and VI of the RE Act, or 
on a non-RUS loan if that loan would have been for eligible 
telecommunications purposes under the RE Act provided that:
    (1) The applicant is current with its payments on the RUS loan(s) to 
be refinanced; and
    (2) The amortization period for that portion of the loan request 
that will be needed for refinancing will not exceed the remaining 
amortization period for the loan(s) to be refinanced. If multiple notes 
are being refinanced, an average remaining amortization period will be 
calculated based on the weighted dollar average of the notes being 
refinanced.
    (b) The amount that can be refinanced will be included in the 
funding opportunity announcement that will open a funding window based 
on the funds authorized for any given fiscal year.

[86 FR 50608, Sept. 10, 2021]



Sec.  1735.22  Loan security.

    (a) RUS makes loans only if, in the judgment of the Administrator, 
the security therefor is reasonably adequate and the loan will be repaid 
within the time agreed. See 7 CFR 1735.18 and 7 CFR 1735.51.
    (b) RUS generally requires that borrowers provide it with a first 
lien on all of the borrower's property. See 7 CFR 1735.46.
    (c) The RUS will consider Government-imposed fees related to 
emergency communications (including State or local 911 fees) which are 
pledged to the repayment of a loan as security.
    (d) In the case of loans that include the financing of telephone 
facilities that do not constitute self-contained operating systems or 
units (such as lines switched by other systems), the borrower shall, in 
addition to the mortgage lien on all of the borrower's telephone 
facilities, furnish adequate assurance, in the form of contractual or 
other security arrangements, that continuous and efficient telephone 
service will be rendered.
    (e) The borrower shall provide RUS with a satisfactory Area Coverage 
Survey. See 7 CFR 1737.30 and 1737.31.

[[Page 277]]

    (f) RUS makes loans only if the borrower's entire system, including 
the facilities to be constructed with the proceeds of the loan, is 
economically feasible, as determined by RUS.
    (g) For purposes of determining compliance with TIER requirements, 
unless a borrower whose existing mortgage contains TIER maintenance 
requirements notifies RUS in writing differently, RUS will apply the 
requirements described in paragraph (h) of this section to the borrower 
regardless of the provisions of the borrower's existing mortgage.
    (h) For Loans approved after December 22, 2008, the borrower shall 
be required to maintain a TIER, at the end of the Forecast Period, at 
least equal to the projected TIER determined by the feasibility study 
prepared in connection with the loan, which shall be at least 1.0 and 
not greater than 1.5.
    (i) Nothing in this section shall affect any rights of supplemental 
lenders under the RUS mortgage, or other creditors of the borrower, to 
limit a borrower's TIER requirement to a level above that established in 
paragraph (h) of this section.
    (j) A borrower will not be required to raise its TIER as a condition 
for receiving a loan. Additional financial, investment, and managerial 
controls appear in the loan contract and mortgage required by RUS.

[54 FR 13351, Apr. 3, 1989. Redesignated at 55 FR 39395, Sept. 27, 1990, 
as amended at 56 FR 26597, June 10, 1991; 58 FR 66254, Dec. 20, 1993; 62 
FR 46870, Sept. 5, 1997; 63 FR 45678, Aug. 27, 1998; 73 FR 65726, Nov. 
5, 2008; 76 FR 56094, Sept. 13, 2011; 86 FR 50608, Sept. 10, 2021]



Sec.  1735.23  Public notice.

    (a) For applications which request funding in which the applicant 
will provide retail broadband service, the Agency's mapping tool will 
include the following information from each application, and be 
displayed for the public:
    (1) The identity of the applicant;
    (2) A description of the project that can deliver retail broadband 
service;
    (3) A map of the areas to be served, the proposed funded service 
area (PFSA), including identification of the associated census blocks;
    (4) The amount and type of funding requested;
    (5) The status of the application; and
    (6) The estimated number and proportion of households and businesses 
in the proposed funded service area without fixed retail broadband 
service, whether terrestrial or wireless, excluding mobile and satellite 
service.
    (b) For funding requests outside an area where the applicant 
receives Federal universal service support, the public notice filing 
referenced under paragraph (a) of this section will accept public notice 
responses from existing service providers with respect to retail 
broadband service already being provided in the PFSA for 45 calendar 
days on the Agency's web page. Existing service providers are requested 
to submit the following information through the Agency's mapping tool:
    (1) The number of residential and business customers within the PFSA 
currently purchasing broadband at the minimum threshold, the rates of 
data transmission being offered, and the cost of each level of broadband 
service charged by the existing service provider;
    (2) The number of residential and business customers within the 
applicant's service area receiving voice and video services and the 
associated rates for these other services;
    (3) A map showing where the existing service provider's services 
coincide with the applicant's service area using the Agency's mapping 
tool; and
    (4) Test results for the service area in question for a minimum of 
at least the prior three months demonstrating that the asserted level of 
broadband is being provided. The test results shall be for different 
times of the day.
    (c) The Agency may contact service providers that respond under 
paragraph (b) of this section to validate their submission, and so 
responding service providers should be prepared to:
    (1) Provide additional information supporting that the area in 
question has sufficient access to broadband service;
    (2) Have a technician on site during the field validation by RUS 
staff;
    (3) Run on site tests with RUS personnel being present, if 
requested; and
    (4) Provide copies of any test results that have been conducted in 
the last

[[Page 278]]

six months and validate the information submitted in the public notice 
response months.
    (d) If no broadband service provider submits information pursuant to 
a pending application or if the existing provider does not provide the 
information requested under paragraphs (b) and (c) of this section, RUS 
will consider the extent of broadband service using any other data 
available through reasonable efforts, including utilizing the National 
Telecommunications and Information Administration's National Broadband 
Availability Map and the Federal Communications Commission broadband 
availability map. That may include the agency conducting field 
validations so as to locate facilities in the application service area 
and determine, to the extent possible, if those facilities can provide 
the minimum threshold of broadband. Notwithstanding, conclusive evidence 
as to the existence of the level of broadband will be taken only through 
the public notice process. As a result, the Agency highly recommends 
that existing service providers in a PFSA submit public notice response 
to ensure that their service is considered in the determination of 
eligibility on an application.
    (e) The Agency will notify respondents who are existing service 
providers whether their public notice response was accepted or not and 
allow for an opportunity to respond.
    (f) The information submitted by an existing service provider under 
paragraphs (b) and (c) of this section will be treated as proprietary 
and confidential and not subject to disclosure, pursuant to 7 U.S.C. 
950cc(b)(3).
    (g) For all applications that are approved, the following 
information will be made available to the public:
    (1) The information provided in paragraph (a) of this section;
    (2) Each annual report required under Sec.  1735.24 will be redacted 
to protect any proprietary information; and
    (3) Such other information as the Administrator of the RUS deems 
sufficient to allow the public to understand the assistance provided.

[86 FR 50608, Sept. 10, 2021, as amended at 88 FR 36217, June 2, 2023]



Sec.  1735.24  Additional reporting requirements.

    (a) Entities receiving financial assistance from RUS that are used 
for retail broadband must submit annual reports for 3 years after 
project completion. The reports must include the following information:
    (1) The purpose of the financing, including new equipment and 
capacity enhancements that support high-speed broadband access for 
educational institutions, health care providers, and public safety 
service providers (including the estimated number of end users who are 
currently using or forecasted to use the new or upgraded 
infrastructure); and
    (2) The progress towards fulfilling the objectives for which the 
assistance was made, including:
    (i) The number of service points that will receive new broadband 
service, existing network improvements, and facility upgrades resulting 
from the federal assistance;
    (ii) The speed of the broadband services;
    (iii) The average price of the most subscribed tier of retail 
broadband service in each PFSA;
    (iv) The number of new subscribers generated from the project; and
    (v) Complete, reliable, and precise geolocation information that 
indicates the location of new broadband service that is being provided 
or upgraded within the service territory supported by the grant, loan, 
or loan guarantee.
    (b) A notice will be published on the Agency's website that will 
include each annual broadband improvement report, redacted as 
appropriate to protect any proprietary information in the report.

[86 FR 50609, Sept. 10, 2021]



Sec. Sec.  1735.25-1735.29  [Reserved]



                        Subpart C_Types of Loans



Sec.  1735.30  Hardship loans.

    (a) RUS makes hardship loans under section 305(d)(1) of the RE Act. 
These loans bear interest at a rate of 5 percent per year. To qualify 
for a hardship loan on or after November 1, 1993, a borrower must meet 
each of the following requirements:

[[Page 279]]

    (1) The average number of proposed subscribers per mile of line in 
the service area of the borrower is not more than 4;
    (2) The borrower has a projected TIER (including the proposed loan 
or loans) of at least 1.0, but not greater than 3.0, as determined by 
the feasibility study prepared in connection with the loan, see 7 CFR 
part 1737, subpart H; and
    (3) The Administrator has approved and the borrower is participating 
in a telecommunications modernization plan for the state, see 7 CFR part 
1751, subpart B.
    (b)(1) Hardship loan funds shall not be used to finance facilities 
located in any exchange of the borrower that has:
    (i) More than 1,000 existing subscribers; and
    (ii) An average number of proposed subscribers per mile of line 
greater than 17.
    (2) Those facilities may, however, be financed with a RUS cost-of-
money loans or a guaranteed loan if the borrower is eligible for such 
financing.
    (c) The Administrator may waive the TIER requirement in paragraph 
(a)(2) of this section in any case in which the Administrator 
determines, and sets forth the reasons therefor in writing, that the 
requirement would prevent emergency restoration of the telephone system 
of the borrower or result in severe hardship to the borrower.
    (d) In order to fairly and equitably approve hardship loans to 
ensure that borrowers most in need receive hardship financing first, RUS 
will prioritize for approval all applications qualifying for hardship 
loans. The criteria in this paragraph will be used by the Administrator 
to rank, from high to low, applications that have been determined to 
qualify for hardship financing. Subject to the availability of funds, 
applications receiving the highest number of points will be selected for 
loan approval each fiscal year quarter (the application with the most 
points will be approved first, the second highest next, etc.) The 
following ranking methodology and loan approval conditions apply:
    (1) Ranking criteria. Borrowers will receive points based on each of 
the following criteria applicable to the proposed loan:
    (i) Forecasted Average Number of Subscribers Per Mile of Line 
(Density). The number of points assigned to a borrower will be the value 
4 less the value of the borrower's forecasted density as determined by 
the Feasibility Study prepared in connection with the loan (i.e., if a 
borrower's forecasted system density is 2.75, the borrower would receive 
4 less 2.75 points, or 1.25 points).
    (ii) Forecasted TIER. The number of points assigned to a borrower 
will be the value 3 less the value of the borrower's forecasted TIER as 
determined by the Feasibility Study prepared in connection with the loan 
(i.e., if a borrower's forecasted TIER is 1.75, the borrower would 
receive 3 less 1.75 points, or 1.25 points).
    (iii) Unserved Territories. Borrowers will receive points for loan 
funds included in the application to provide telephone service in areas 
previously unserved because it was considered cost prohibitive (for 
example, high costs resulting from the terrain, remoteness, or system 
design). In particular, borrowers will receive one tenth of a point, up 
to a maximum of 2 points, for each subscriber added (in connection with 
the loan) that currently resides in an unserved area.
    (iv) Plant Modernization. Borrowers will receive 1 point for loan 
funds included in the application for at least one of the following 
basic plant modernizations or system improvements:
    (A) Providing digital switching capabilities where those 
capabilities did not previously exist; and/or
    (B) Upgrading to equal access; and/or
    (C) Conversion of service to 1-party making an entire exchange all 
1-party service.
    (v) Distance Learning and Medical Link Facilities. Borrowers will 
receive 2 points for loan funds included in the application for the 
purpose of providing distance learning or medical link transmission 
facilities. If loan funds are included for both distance learning and 
medical link transmission facilities, borrowers will receive 3 points. 
(See 7 CFR part 1734 for definitions of distance learning and medical 
link.)
    (vi) Time Factor. If a borrower's application has been ranked but 
cannot be

[[Page 280]]

approved due to the lack of funds available for loans in that quarter, 
the borrower will receive .25 points for each quarter in which its loan 
is pending but not approved.
    (2) Ranking and approval of loans. Eligible loan applications 
(satisfying the requirements of 7 CFR 1737.21) will be ranked during the 
quarter in which the application is received. If an application is 
received in which insufficient time remains in that quarter to process 
and rank the application, it will be ranked in the next quarter. At the 
beginning of the quarter and as soon as practical, RUS will approve all 
eligible hardship loans ranked in the previous quarter to the extent 
loan funds are available, beginning with the borrowers that received the 
highest number of points and working downwards. Any qualified 
application that is not approved due to the lack of funds will be 
carried forward to the next quarter and ranked with all other eligible 
hardship loan applications in that quarter. Upon completion of the 
ranking and approval of loans, all borrowers will be informed in writing 
of the status of their loan applications.
    (e) Optimal use of funds. RUS retains the right to limit the size of 
hardship loans made to individual borrowers in order to more equitably 
distribute the amount of hardship funds appropriated among the greatest 
number of qualified borrowers. Generally, no more than 10 percent of the 
funds appropriated in any fiscal year may be loaned to a single 
borrower. In addition, RUS retains the right to approve loans to 
borrowers that are ranked lower in the priority system, or without 
regard to when the application was received and ranked, if it is 
necessary to:
    (1) Expedite restoration of service outages due to natural 
disasters; or
    (2) Maximize the use of all available hardship funds appropriated 
for loans in that fiscal year.
    (f) On request of any borrower who is eligible for a hardship loan 
for which funds are not available, the borrower shall be considered to 
have applied for a RUS cost-of-money loans under sections 305 of the RE 
Act.
    (g) Hardship loans may be made simultaneously with a RUS cost-of-
money loans or guaranteed loans.

[58 FR 66254, Dec. 20, 1993, as amended at 82 FR 55939, Nov. 27, 2017; 
84 FR 59921, Nov. 7, 2019]



Sec.  1735.31  RUS cost-of-money.

    (a) RUS makes cost-of-money loans, under section 305(d)(2) of the RE 
Act. To qualify for cost-of-money loans, a borrower must meet each of 
the following requirements:
    (1) The average number of proposed subscribers per mile of line in 
the service area of the borrower is not more than 15, or the borrower 
has a projected TIER (including the proposed loans) of at least 1.0, but 
not greater than 5.0, as determined by the feasibility study prepared in 
connection with the loans, see 7 CFR part 1737, subpart H; and
    (2) The Administrator has approved and the borrower is participating 
in a telecommunications modernization plan for the state, see 7 CFR part 
1751, subpart B.
    (b) To determine the RUS cost-of-money, the total loan amount will 
be multiplied by the ratio of RUS cost-of-money funds appropriated for 
the fiscal year to the sum of RUS cost-of-money funds appropriated for 
the fiscal year in which the loan is approved. If during the fiscal year 
the amount of funds appropriated changes, the ratio will be adjusted 
accordingly and applied only to those loans approved afterwards.
    (c) The RUS cost-of-money loan shall bear interest as described in 
paragraphs (c)(1) and (2) of this section.
    (1) Each advance of funds included in RUS cost-of-money loans shall 
bear interest at a rate (the ``Cost of Money Interest Rate'') equal to 
the current cost of money to the Federal Government for loans of a 
similar maturity. The Cost of Money Rate is determined when the funds 
are advanced to the borrower but cannot exceed 7 percent per year.
    (2) RUS shall use the Federal Treasury Statistical Release (the 
``Statistical Release'') issued by the United States Treasury to 
determine the interest rate for each advance of RUS cost-of-money loan 
funds. Generally, the Statistical Release is issued each Monday to cover 
the preceding week.

[[Page 281]]

RUS shall determine the Cost of Money Interest Rate as follows:
    (i) Each advance shall bear the interest rate stated in the 
applicable Statistical Release for Treasury constant maturities with a 
maturity similar to that of the advance.
    (ii) RUS shall determine the interest rate for an advance bearing a 
maturity other than those stated in the applicable Statistical Release 
by straight-line interpolation between the next higher and next lower 
stated maturities.
    (iii) The first Statistical Release published after the date of an 
advance shall apply to that advance.
    (iv) If the interest rate determined under paragraph (c)(2)(i) or 
(c)(2)(ii) of this section is higher than 7 percent, then the advance 
shall bear interest at the rate of 7 percent per year.
    (v) Advances with maturities greater than 30 years shall bear 
interest at the rate stated in the applicable Statistical Release for 
30-year maturities.
    (vi) RUS may use an alternative method to determine the Cost of 
Money Interest Rate if the Treasury ceases to issue the Statistical 
Release or changes its format or frequency of issue so that it is no 
longer appropriate for use in the manner described in paragraph (c)(2) 
of this section. In this eventuality, RUS shall immediately notify all 
borrowers with unadvanced RUS cost-of-money loan funds. RUS may, with 
the borrower's consent, determine the Cost of Money Interest Rate on a 
case-by-case basis for subsequent advances of RUS cost-of-money loan 
funds but may also decide, in its discretion, that it is unable to 
continue advancing funds until an alternative method is in effect.
    (vii) Refer to Sec.  1735.43(a) for additional information on 
maturities of RUS loans.
    (viii) RUS shall provide borrowers with prompt written confirmation 
of the Cost of Money Interest Rate borne by each advance of funds 
included in a RUS cost-of-money loan.
    (d) Generally, no more than 10 percent of lending authority from 
appropriations in any fiscal year for RUS cost-of-money loans may be 
loaned to a single borrower. RUS will publish by notice in the Federal 
Register the dollar limit that may be loaned to a single borrower in 
that particular fiscal year based on approved RUS lending authority.
    (e) On request of any borrower who is eligible for RUS cost-of-money 
loans for which funds are not available, the borrower shall be 
considered to have applied for a loan guarantee under section 306 of the 
RE Act.
    (f) RUS cost-of-money loans may be made simultaneously with hardship 
loans or guaranteed loans.

[58 FR 66255, Dec. 20, 1993, as amended at 62 FR 46870, Sept. 5, 1997; 
84 FR 59921, Nov. 7, 2019]



Sec.  1735.32  Guaranteed loans.

    (a) General. Loan guarantees under this section will be considered 
for only those borrowers specifically requesting a guarantee. Borrowers 
may also specify that the loan to be guaranteed shall be made by the 
Federal Financing Bank (FFB). RUS provides loan guarantees pursuant to 
section 306 of the RE Act. Guaranteed loans may be made simultaneously 
with hardship loans or RUS cost-of-money loans. No fees or charges are 
assessed for any guarantee of a loan provided by RUS. In view of the 
Government's guarantee, RUS generally obtains a first lien on all assets 
of the borrower (see Sec.  1735.46).
    (b) Requirements. To qualify for a guaranteed loan, a borrower must 
have a projected TIER (including the proposed loan or loans) of at least 
1.2 as determined by the feasibility study prepared in connection with 
the loan. In addition, a borrower must meet all requirements set forth 
in the regulations applicable to a loan made by RUS with the exception 
that it is not required to participate in a state telecommunications 
modernization plan and is not subject to a subscriber per mile 
eligibility requirement, as provided in Sec.  1735.31(a).
    (c) Net worth requirements. RUS generally requires that borrowers 
seeking guaranteed loans have a net worth in excess of 20 percent of 
assets. RUS will, however, consider loan guarantees for borrowers with a 
net worth less than 20 percent.

[[Page 282]]

    (d) Full amount guaranteed. Loans are guaranteed in the full amount 
of principal and interest. Because of the Government's full faith and 
credit 100 percent guarantee of these loans, only RUS obtains a mortgage 
on the borrower's assets.
    (e) Federal Register notice. After RUS has reviewed an application 
and determined that it shall consider guaranteeing a loan for the 
proposed project and if the borrower has not specified that the loan be 
made from the FFB, RUS shall publish a notice in the Federal Register. 
The Notice will include a description of the proposed project, the 
estimated total cost, the estimated amount of the guaranteed loan, a 
statement that the Federal Financing Bank (FFB) has a standing loan 
commitment agreement with RUS, and the name and address of the borrower 
to which financing proposals may be submitted.
    (f) Qualified lenders. RUS considers loan guarantees on a case by 
case basis for loans made by the FFB and any other legally organized 
lending agency or by a combination of lenders that the Administrator 
determines to be qualified to make, hold and service the loan. ``Legally 
organized lending agency'' and ``lender'' include commercial banks, 
trust companies, mortgage banking firms, insurance companies, and any 
other institutional investor authorized by law to loan money. The 
borrower is responsible for evaluating all proposals received from 
lenders other than FFB. The borrower furnishes RUS with a report on the 
evaluations and its choice of proposals. However, at the request of the 
borrower, the guaranteed loan shall be made by the FFB.
    (g) Interest rate. Guaranteed loans shall bear interest at the rate 
agreed upon by the borrower and lender. Guaranteed FFB loans shall be at 
a rate of interest that is not more than the rate of interest applicable 
to other similar loans then being made or purchased by FFB.
    (h) Condition of guarantee. RUS will not guarantee a loan if the 
income from the loan or the income from obligations issued by the holder 
of the loan, when the obligations are created by the loan, is excluded 
from gross income for the purpose of chapter I of the Internal Revenue 
Code of 1954.
    (i) Contract of guarantee. If RUS is satisfied with the engineering 
and economic feasibility of the project and approves the borrower's 
choice of proposal, subject to the submission of satisfactory financing 
documents and to the satisfaction of other pertinent terms and 
conditions, RUS will prepare a contract of guarantee to be executed by 
the borrower, the lender, and RUS within a specified time. The lender, 
or its representative, shall have the right to examine the borrower's 
application and supporting data submitted to RUS in support of its 
request for financial assistance.
    (j) Loan servicing. The contract of guarantee will require that 
arrangements satisfactory to RUS be made to service the loan. Required 
servicing by the lender will include:
    (1) Determining that all prerequisites to each advance of loan funds 
by the lender under the terms of the contract of guarantee, all 
financing documents, and all related security instruments have been 
fulfilled. Such determinations may be met by obtaining RUS approval of 
each advance.
    (2) Billing and collecting loan payments from the borrower.
    (3) Notifying the Administrator promptly of any default in the 
payment of principal and interest on the loan and submitting a report, 
as soon as possible thereafter, setting forth its views as to the 
reasons for the default, how long it expects the borrower will be in 
default, and what corrective actions the borrower states it is taking to 
achieve a current debt service position.
    (4) Notifying the Administrator of any known violations or defaults 
by the borrower under the lending agreement, contract of guarantee, or 
related security instruments, or conditions of which the lender is aware 
which might lead to nonpayment, violation, or other default.
    (k) Payments under the contract of guarantee. Upon receipt of the 
notification required in Sec.  1735.32(j)(3) of this section, RUS will 
pay the lender the amount in default with interest to the date of 
payment. When RUS has made

[[Page 283]]

a payment under a contract of guarantee, it will establish in its 
accounts the amount of the payment as due and payable from the borrower, 
with interest at the rate of interest specified in the lending 
agreement. RUS will work with the borrower and the lender in an effort 
to eliminate the borrower's default as soon as possible. RUS may also 
proceed with other remedies available under its security instruments.
    (l) Pledging of contract of guarantee. Subject to applicable law, 
RUS will consider, on a case by case basis, permitting pledging of the 
contract of guarantee in order to facilitate the obtaining of funds by 
the lending agency to make the guaranteed loan.

[54 FR 13351, Apr. 3, 1989; 54 FR 16194, Apr. 21, 1989. Redesignated at 
55 FR 39395, Sept. 27, 1990, as amended at 56 FR 26597, June 10, 1991; 
58 FR 66255, Dec. 20, 1993; 62 FR 46870, Sept. 5, 1997; 84 FR 59921, 
Nov. 7, 2019]



Sec.  1735.33  Variable interest rate loans.

    After June 10, 1991, and prior to November 1, 1993, RUS made certain 
variable rate loans at interest rates less than 5 percent but not less 
than 2 percent. For those borrowers that received variable rate loans, 
this section describes the method by which interest rates are adjusted. 
The interest rate used in determining feasibility is the rate charged to 
the borrower until the end of the Forecast Period for that loan. At the 
end of the Forecast Period, the interest rate for the loan may be 
annually adjusted by the Administrator upward to a rate not greater than 
5 percent, or downward to a rate not less than the rate determined in 
the feasibility study on which the loan was based, based on the 
borrower's ability to pay debt service and maintain a minimum TIER of 
1.0. Downward and upward adjustments will be rounded down to the nearest 
one-half or whole percent. To make this adjustment, projections set 
forth in the loan feasibility study will be revised annually by RUS 
(beginning within four months after the end of the Forecast Period) to 
reflect updated revenue and expense factors based on the borrower's 
current operating condition. Any such adjustment will be effective on 
July 1 of the year in which the adjustment was determined. If the 
Administrator determines that the borrower is capable of meeting the 
minimum TIER requirements of Sec.  1735.22(f) at a loan interest rate of 
5 percent on a loan made as described in this section, then the loan 
interest rate shall be fixed, for the remainder of the loan repayment 
period, at the standard interest rate of 5 percent.

[62 FR 46870, Sept. 5, 1997]



Sec. Sec.  1735.34-1735.39  [Reserved]



                        Subpart D_Terms of Loans

    Source: 54 FR 13351, Apr. 3, 1989, unless otherwise noted. 
Redesignated at 55 FR 39395, Sept. 27, 1990.



Sec.  1735.40  General.

    Terms and conditions of loans are set forth in a mortgage, note, and 
loan contract. Provisions of the mortgage and loan contract are 
implemented by provisions in RUS Bulletins and Regulations. Forms of the 
mortgage, note, and loan contract can be obtained from RUS.



Sec.  1735.41  Notes.

    Loans are represented by one or more notes. Interest accrues only on 
funds advanced. There are no loan commitment fees or charges. See RUS 
Bulletin 320-12 for additional information. This CFR part supersedes 
those portions of RUS Bulletin 320-12 ``Loan Payments and Statements'' 
with which it is in conflict.



Sec.  1735.42  [Reserved]



Sec.  1735.43  Payments on loans.

    (a) Except as described in this paragraph (a), RUS loans approved 
after October 6, 1997 must be repaid with interest within a period that, 
rounded to the nearest whole year, equals the expected composite 
economic life of the facilities to be financed, as calculated by RUS; 
expected composite economic life means the depreciated life plus three 
years. The expected composite economic life shall be based on the 
depreciation rates for the facilities financed by the loan. In states 
where the borrower must obtain state regulatory commission approval of 
depreciation rates, the depreciation rates used shall

[[Page 284]]

be the rates currently approved by the state commission or rates for 
which the borrower has received state commission approval. In cases 
where a state regulatory commission does not approve depreciation rates, 
the expected composite economic life shall be based on the most recent 
median depreciation rates published by RUS for all borrowers (see 7 CFR 
1737.70). Borrowers may request a repayment period that is longer or 
shorter than the expected composite economic life of the facilities 
financed. If the Administrator determines that a repayment period based 
on the expected composite economic life of the facilities financed is 
likely to cause the borrower to experience hardship, the Administrator 
may agree to approve a period longer than requested. A shorter period 
may be approved as long as the Administrator determines that the loan 
remains feasible.
    (b) Borrowers that have demonstrated to the satisfaction of the 
Administrator an inability to maintain the funded reserve or net plant 
to secured debt ratio requirements, if any, contained in their mortgage, 
may elect to replace notes with an original maturity that exceeded the 
composite economic life of the facilities financed with notes bearing a 
shorter maturity approximating the expected composite economic life of 
the facilities financed, if this will result in a shorter maturity for 
the loan. The principal balance of the notes (hereinafter in this 
section called the ``refunding notes'') issued to refund and substitute 
for the original notes would be the unpaid principal balance of the 
original notes. The refunding notes would mature at a date no later than 
the remaining economic life of the facilities financed by the loan, plus 
three years, as determined by the original feasibility study prepared in 
connection with the loan. Interest on the original note must continue to 
be paid through the closing date. All other payment terms, including the 
rate of interest on the refunding notes, would remain unchanged. 
Disposition of funds in the funded reserve will be determined by RUS at 
the closing date. RUS will notify the borrower in writing of the 
amendment of loan payment requirements and the terms and conditions 
thereof.
    (c) A borrower qualifying under paragraph (b) of this section shall 
not be required to pay a prepayment premium on such portion of the 
payments under its new notes as exceeds the payments required under the 
notes being replaced.
    (d) To apply for refunding notes, borrowers must send to the Area 
Office the following:
    (1) A certified copy of a board resolution requesting an amendment 
of loan payment requirements and that certain notes be replaced;
    (2) If applicable, evidence of approval by the regulatory body with 
jurisdiction over the telecommunications service provided by the 
borrower to issue refunding notes; and
    (3) Such other documents as may be required by the RUS.
    (e) Principal and interest will be repaid in accordance with the 
terms of the notes. Generally, interest is payable each month as it 
accrues. Principal payments on each note generally are scheduled to 
begin 2 years after the date of the note. After this deferral period, 
interest and principal payments on all funds advanced during this 2-year 
period are scheduled in equal monthly installments. Principal payments 
on funds advanced 2 years or more after the date of the note will begin 
with the first billing after the advance. The interest and principal 
payments on each of these advances will be scheduled in equal monthly 
installments. This CFR part supersedes those portions of RUS Bulletin 
320-12, ``Loan Payments and Statements'' with which it is in conflict.

[56 FR 26598, June 10, 1991, as amended at 62 FR 46871, Sept. 5, 1997; 
84 FR 59921, Nov. 7, 2019]



Sec.  1735.44  Prepayment premiums.

    The loan documents normally provide that RUS insured loans may be 
repaid in full at any time without prepayment premiums. Depending upon 
the lender, there may be prepayment premiums on loans guaranteed by RUS. 
See RUS Bulletin 320-12 for additional information. This CFR part 
supersedes those portions of RUS Bulletin 320-12,

[[Page 285]]

``Loan Payments and Statements,'' with which it is in conflict.

[84 FR 59922, Nov. 7, 2019]



Sec.  1735.45  Extension of payments.

    RUS may extend the time of payment of principal or interest on a 
loan. Under section 12 of the Rural Electrification Act, as amended, 
this extension may be up to 5 years after such payment is due. Under 
section 236 of the Disaster Relief Act of 1970 (Pub. L. 91-606) payment 
may be deferred by the Secretary of Agriculture as long as necessary in 
disaster situations so long as the final maturity date is not later than 
40 years after the date of the loan. See RUS Bulletin 320-2 for 
additional information.



Sec.  1735.46  Loan security documents.

    (a) Loans are to be repaid according to their terms. RUS generally 
obtains a first lien on all assets of the borrower. This lien shall be 
in the form of a mortgage by the borrower to the Government or a deed of 
trust made by and between the borrower and a trustee, satisfactory to 
the Administrator, together with such security agreements, financing 
statements, or other security documents as RUS may deem necessary in a 
particular case. Where a borrower is unable by reason of pre-existing 
encumbrances, or otherwise, to furnish a first mortgage lien on its 
entire system the Administrator may, if he determines such security to 
be reasonably adequate and the form and nature thereof otherwise 
appropriate, accept other forms of security. See RUS Bulletins 320-4, 
320-22, 321-2, 322-2, 323-1, and 326-1 for details. See 7 CFR part 1744, 
subpart B for information on lien accommodations and subordinations.
    (b) Loan security documents of borrowers with loans approved after 
October 6, 1997 will provide limits on allowable cash distributions in 
any calendar year as follows:
    (1) No more than 25 percent of the prior calendar year's net 
earnings or margins if the borrower's net worth is at least 1 percent of 
its total assets after the distribution is made;
    (2) No more than 50 percent of the prior calendar year's net 
earnings or margins if the borrower's net worth is at least 20 percent 
of its total assets after the distribution is made;
    (3) No more than 75 percent of the prior calendar year's net 
earnings or margins if the borrower's net worth is at least 30 percent 
of its total assets after the distribution is made; or
    (4) No limit on distributions if the borrower's net worth is at 
least 40 percent of its total assets after the distribution is made.
    (c) Borrowers that have not received a loan after October 6, 1997 
may request the Administrator to apply these requirements to them. 
Borrowers may request in writing that RUS substitute the new 
requirements described in paragraphs (b)(1) through (b)(4) of this 
section. Upon request by the borrower, the provisions of the borrower's 
loan documents restricting cash distributions or investments shall not 
be enforced to the extent that such provisions are inconsistent with 
this section.
    (d) Rural development investments meeting the criteria set forth in 
7 CFR part 1744, subpart D, will not be counted against a borrower's 
allowable cash distributions in any calendar year (7 U.S.C. 926).
    (e) References to a borrower's mortgage in this section include 
deeds of trust and any other loan document applying the same 
requirements to a borrower.
    (f) This section does not limit the rights of any parties to the 
mortgage other than RUS.

[54 FR 13351, Apr. 3, 1989. Redesignated at 55 FR 39395, Sept. 27, 1990, 
as amended at 59 FR 29537, June 8, 1994; 62 FR 46871, Sept. 5, 1997; 84 
FR 59922, Nov. 7, 2019]



Sec.  1735.47  Rescissions of loans.

    (a) Rescission of a loan may be requested by a borrower at any time. 
To rescind a loan, the borrower must demonstrate to RUS that:
    (1) The purposes of the loan being rescinded have been completed;
    (2) Sufficient funds are available from sources other than RUS or 
FFB to complete the purposes of the loan being rescinded; or
    (3) The purposes of the loan are no longer required to extend or 
improve telephone service in rural areas.

[[Page 286]]

    (b) Borrowers submitting loan applications containing purposes 
previously covered by a loan that has been rescinded shall include in 
the application an explanation, satisfactory to RUS, of the change of 
conditions since the rescission that re-establishes the need for those 
purposes.
    (c) RUS shall not initiate the rescission of a loan unless all of 
the purposes for which telephone loans have been made to the borrower 
under the Act have been accomplished with funds provided under the Act.

[56 FR 26598, June 10, 1991, as amended at 84 FR 59922, Nov. 7, 2019]



Sec. Sec.  1735.48-1735.49  [Reserved]



             Subpart E_Basic Requirements For Loan Approval

    Source: 54 FR 13351, Apr. 3, 1989, unless otherwise noted. 
Redesignated at 55 FR 39395, Sept. 27, 1990.



Sec.  1735.50  Administrative findings.

    The RE Act requires that the Administrator make certain findings to 
approve a telephone loan or loan guarantee. The borrower shall provide 
the evidence determined by the Administrator to be necessary to make 
these findings. Details on the information required to support these 
findings are included in 7 CFR part 1737.



Sec.  1735.51  Required findings.

    (a) Feasibility of and security for the Loan. The borrower shall 
provide RUS with satisfactory evidence to enable the Administrator to 
determine that the security for the loan is reasonably adequate and the 
loan will be repaid on time. This finding is based on the following 
factors:
    (1) Self-liquidation of the loan within the loan amortization 
period; this requires that there be sufficient revenues from the 
borrower's system, in excess of operating expenditures (including 
maintenance and replacement), to repay the loan with interest.
    (2) Reasonable assurance of achieving the telephone market 
projections upon which the loan is based.
    (3) Economic feasibility (based on projected revenues, expenses, net 
income, maximum debt service, and rate of return on investment) for the 
proposed system using local service rate schedules appropriate for the 
area served.
    (4) Impact of the proposed loan and construction on the ratio of the 
borrower's secured debt to assets.
    (5) Projected growth in the borrower's equity.
    (6) Satisfactory experience and reputation of the system's principal 
owners and manager.
    (7) A first lien on the borrower's total system or other adequate 
security.
    (8) Fair market value of the borrower's assets as represented in its 
financial reports to RUS.
    (9) Appropriate financial and managerial controls included in the 
loan documents.
    (10) Other factors determined to be relevant by RUS.
    (b) Area coverage. The borrower shall provide RUS with satisfactory 
evidence to enable the Administrator to determine that adequate 
telephone service will be made available to the widest practical number 
of rural users during the life of the loan.
    (c) Nonduplication or certificate requirement. The borrower shall 
provide RUS with satisfactory evidence to enable the Administrator to 
determine that no duplication of telephone service shall result from a 
particular loan.

[54 FR 13351, Apr. 3, 1989. Redesignated at 55 FR 39395, Sept. 27, 1990, 
as amended at 56 FR 26598, June 10, 1991; 86 FR 50609, Sept. 10, 2021]



Sec.  1735.52  Findings required for particular loan purposes.

    Whenever a borrower proposes to use loan funds for the improvement, 
expansion, construction, or acquisition of telephone facilities within 
or for nonrural areas, the borrower shall provide RUS with satisfactory 
evidence to enable the Administrator to determine that such funds shall 
be necessary and incidental to furnishing or improving telephone service 
in rural areas.

[54 FR 13351, Apr. 3, 1989. Redesignated at 55 FR 39395, Sept. 27, 1990, 
as amended at 86 FR 50609, Sept. 10, 2021]

[[Page 287]]



Sec. Sec.  1735.53-1735.59  [Reserved]



         Subpart F_Mortgage Controls on Acquisitions and Mergers

    Source: 54 FR 14626, Apr. 12, 1989, unless otherwise noted. 
Redesignated at 55 FR 39395, Sept. 27, 1990.



Sec.  1735.60  Specific provisions.

    (a) The standard form of RUS mortgage contains certain provisions 
concerning mergers and acquisitions:
    (1) Article II, section 4(a) requires the borrower to obtain the 
written approval of the majority noteholders before taking any action to 
reorganize, or to consolidate with or merge into any other corporation.
    (2) Article II, section 4(b), if made applicable, provides certain 
exceptions to the requirements of section 4(a).
    (b) Similar provisions are contained in other forms of documents 
executed by borrowers that have not entered into the standard form of 
mortgage.
    (c) Mortgages and loan contracts may contain other provisions 
concerning mergers and acquisitions.

[54 FR 14626, Apr. 12, 1989. Redesignated at 55 FR 39395, Sept. 27, 
1990, as amended at 62 FR 46871, Sept. 5, 1997]



Sec.  1735.61  Approval criteria.

    (a) If a borrower is required by the terms of its mortgage or loan 
contract to obtain RUS approval of a merger or acquisition, the borrower 
shall request RUS approval and shall provide RUS with such data as RUS 
may request.
    (b) If loan funds are requested, the borrower shall comply with 
subpart G of this part. If no additional loan funds are involved, the 
borrower shall comply with subpart H of this part.
    (c) In considering whether to approve the request, RUS will take 
into account, among other matters:
    (1) Whether the operation, management, and the economic and loan-
repayment feasibility characteristics of the proposed system are 
satisfactory;
    (2) Whether the merger or acquisition may result in any 
relinquishment, impairment, or waiver of a right or power of the 
Government;
    (3) Whether the proposed merger or acquisition is in the best 
interests of the Government as note holder; and
    (4) Whether the proposed purchase price and terms of an acquisition 
are reasonable, regardless of the source of funds used to pay for the 
purchase. RUS will consider the purchase price unreasonable if, in RUS's 
opinion, it will endanger financial feasibility.



Sec.  1735.62  Approval of acquisitions and mergers.

    (a) If a proposal is unsatisfactory to RUS, then RUS shall inform 
the borrower in writing of those features it considers objectionable 
and, as appropriate, recommend corrective action.
    (b) If a proposal is satisfactory to RUS, then RUS shall inform the 
borrower in writing of its approval and any conditions of such approval. 
Among the conditions of approval are the following:
    (1) RUS shall require a compensating benefit in return for any 
relinquishment, impairment, or waiver of its rights or powers.
    (2) If the survivor is an affiliate of another company, RUS shall 
require any investments in, advances to, accounts receivable from, and 
accounts payable to the affiliated company contrary to mortgage 
provisions shall be eliminated in a manner satisfactory to the 
Administrator.
    (3) RUS requires that the borrower agree not to extend credit to, 
perform services for, or receive services from any affiliated company 
unless specifically authorized in writing by the Administrator or 
pursuant to contracts satisfactory in form and substance to the 
Administrator.
    (4) RUS may require the borrower to execute additional mortgages, 
loan agreements, and associated documentation.



Sec. Sec.  1735.63-1735.69  [Reserved]



               Subpart G_Acquisitions Involving Loan Funds

    Source: 54 FR 14626, Apr. 12, 1989, unless otherwise noted. 
Redesignated at 55 FR 39395, Sept. 27, 1990.

[[Page 288]]



Sec.  1735.70  Use of loan funds.

    (a) See 7 CFR part 1735 and 1737 for RUS's general loan policies and 
requirements.
    (b) RUS will finance an acquisition by a borrower only when the 
acquisition is necessary and incidental to furnishing or improving rural 
telephone service and the service area is eligible for RUS assistance.
    (c) RUS does not make loans for the sole purpose of merging or 
consolidating telephone organizations. After a merger or consolidation, 
RUS will consider making loans to the telephone system to finance the 
improvement or extension of telephone service in rural areas.
    (d) Generally, RUS will not make a loan for the acquisition of an 
existing borrower unless, in addition to all other requirements, such 
acquisition will improve the likelihood of repayment of an outstanding 
RUS loan and all outstanding balances of the previous RUS loans are paid 
in full.
    (e) In determining the amount it will lend for each acquisition, RUS 
shall place a valuation on all telephone facilities that are to be 
acquired with loan funds. RUS may consider fair market value, the 
original cost less depreciation of the facilities, income generating 
potential, any improvement in the financial strength of the borrower as 
a result of the acquisition, and any other factors deemed relevant by 
RUS to determine the reasonableness of the acquisition price and the 
amount of loan funds RUS will provide for an acquisition. RUS shall not 
consider the acquisition price reasonable or approve a loan if, in the 
Administrator's opinion, the acquisition price will endanger financial 
feasibility. If the acquisition price exceeds the amount RUS will lend, 
the borrower provides the remainder.
    (f) When a borrower intends to request RUS loan funds for an 
acquisition, it shall present a proposal in writing to the Area Office 
as soon as possible. The borrower must either obtain RUS approval prior 
to making any binding commitments with the seller or make the 
commitments subject to RUS's approval. Failure to comply with these 
requirements will disqualify the borrower from obtaining an RUS loan for 
the acquisition unless the Administrator determines there were 
extenuating circumstances.



Sec.  1735.71  Nonrural areas.

    Loan funds may be approved for the acquisition and improvement of 
facilities to serve nonrural subscribers only if the principal purpose 
of the loan is to furnish and improve rural service and only if the use 
of loan funds to serve nonrural subscribers is necessary and incidental 
to the principal purpose of the loan. For example, when the acquisition 
of an existing system located in and serving a nonrural area is 
necessary to serve as the nucleus of an expanded system to furnish area 
coverage service in rural areas, the loan may include funds to finance 
the acquisition. Approval for the use of loan funds in these 
circumstances shall be made only on a case by case basis by the 
Administrator.



Sec.  1735.72  Acquisition agreements.

    When borrowers are seeking RUS financing, acquisition agreements 
between the borrower and the seller must be in form and substance 
satisfactory to RUS and shall be expressly conditioned on approval of 
the agreement by RUS and on obtaining an RUS loan. Normally, the 
acquisition agreement will not be approved by RUS until the loan has 
been approved.



Sec.  1735.73  Loan design.

    When loan funds are requested for an acquisition, details of the 
proposed acquisition shall be included in the Loan Design. See 7 CFR 
part 1737.



Sec.  1735.74  Submission of data.

    (a) RUS will not approve any acquisition, other than of toll 
facilities (see subpart J of this part), financed in whole or in part 
with loan funds until the borrower submits the following data to the 
GFR:
    (1) For any nonborrowers involved, their most recent balance sheets, 
operating statements, detail of plant accounts, reports to the state 
commission, and audits, if available.
    (2) Completed RUS Form 507, ``Report on Telephone Acquisition,'' 
which provides system data, including the type

[[Page 289]]

of purchase and purchase price, a system description, and data by 
exchange. See Sec.  1735.3 for information on obtaining copies of this 
form.
    (3) A map (such as a road map) showing county lines, the boundaries 
of the proposed acquisition and the borrower's existing service 
territory, and the names of other telephone companies serving adjoining 
areas.
    (4) A brief statement of the plans for incorporating the acquired 
facilities into the borrower's existing system.
    (5) The number of subscribers currently receiving service in the 
area to be acquired and the number of new subscribers that will be 
served over the next 5 years as a result of the acquisition.
    (6) The proposed purchase price.
    (7) Two copies of any options, bills of sale, or deeds, and four 
copies of any acquisition agreements. All of these documents are subject 
to RUS approval. If the acquisition agreement is approved by RUS, two 
copies of it shall be returned to the borrower.
    (8) An appraisal by the borrower's consulting engineer or other 
qualified person of the physical plant to be acquired. The appraisal 
shall include the following:
    (i) Inspection of each central office, noting the age and condition 
of the switch and associated equipment, and the extent and quality of 
maintenance of the equipment and premises.
    (ii) Inspection of the outside plant, noting the general age and 
condition of cable and wire, poles and related hardware, pedestals, and 
subscriber drops. Any joint use or ownership shall be explained.
    (iii) Inspection of miscellaneous items such as commercial office 
facilities, vehicles, furniture, tools and work equipment, and materials 
and supplies in stock, noting age and condition.
    (iv) Inspection of all buildings and other structures (such as radio 
towers), noting age and condition.
    (v) Detailed description of all real estate including the present 
market value that local real estate dealers, bankers, insurance agents, 
etc., place on the property.
    (vi) Any widely accepted method, approved by RUS, may be used to 
estimate the condition of the facilities in paragraphs (a)(8)(i) through 
(a)(8)(iv) of this section. The ``percent condition'' method is 
recommended, but is not required.
    (9) Copies of deeds to real estate to be acquired, with an 
explanation of the proposed use of the land.
    (10) Copies of leases to be acquired.
    (11) Copies of any existing mortgages with parties other than RUS, 
indentures, deeds of trust, or other security documents or financing 
agreements relating to the property to be acquired and any contracts or 
other rights or obligations to be assumed as part of the acquisition.
    (12) A list of all counties in which the proposed system will have 
facilities.
    (13) If the borrower is a cooperative-type organization, a 
description of its plans for taking subscribers in as members, 
membership fees, equity payments required because of the acquisition, 
and extent of membership support.
    (14) A certification, signed by the president of the borrower, that 
the borrower is participating in the State's telecommunications 
modernization plan (for information concerning the plan, see 7 CFR part 
1751, subpart B). This certification is not required if the borrower is 
seeking a guaranteed loan.
    (15) Any other data deemed necessary by the Administrator for an 
evaluation of the acquisition.
    (b) For stock acquisitions, the borrower shall submit the following 
in addition to the items listed in (a) of this section:
    (1) A list of all stockholders of the company to be acquired and the 
number of shares each owns.
    (2) Guarantees and indemnifications to be obtained from the sellers 
of the stock.

(Approved by the Office of Management and Budget under control number 
0572-0084)

[54 FR 14626, Apr. 12, 1989. Redesignated at 55 FR 39395, Sept. 27, 
1990; 58 FR 66256, Dec. 20, 1993]



Sec.  1735.75  Interim financing.

    (a) A borrower may submit a written request for RUS approval of 
interim financing if it is necessary to close an acquisition before the 
loan to finance the acquisition is approved. Loan funds

[[Page 290]]

shall not be used to reimburse acquisition costs unless RUS has granted 
approval of interim financing prior to the closing of the acquisition.
    (b) RUS will approve interim financing of acquisitions only in cases 
where loan funds cannot be made available in time for the closing.
    (c) RUS will not approve interim financing unless the following 
information is acceptable:
    (1) A written request for approval of interim financing, including a 
brief description of the acquisition, an explanation of the urgency of 
proceeding with the acquisition, and the source of funds to be used.
    (2) A completed RUS Form 490, ``Application for Telephone Loan or 
Loan Guarantee.'' See 7 CFR part 1737.
    (3) The portions of the Loan Design that cover the proposed 
acquisition, including cost estimates and information on any investments 
in nonrural areas. See 7 CFR 1737.
    (4) The information required in Sec.  1735.74 (a)(1) through (a)(8), 
(a)(14) and (b)(1).
    (5) Any other data deemed necessary by the Administrator to approve 
the interim financing of the acquisition.
    (d) Furthermore, RUS will not approve interim financing if, in RUS's 
judgment, the proposed acquisition will not qualify for RUS financing or 
the proposed interim financing presents unacceptable loan security risks 
to RUS.
    (e) Because RUS approval of interim financing is not a commitment to 
make a loan, RUS will not approve interim financing unless the borrower 
is prepared to assume responsibility for financing all obligations 
incurred.
    (f) If the borrower plans to proceed with the closing after 
receiving RUS approval of interim financing, it must first receive 
preliminary approval from RUS. See Sec.  1735.90
    (g) See 7 CFR part 1737 for regulations on interim financing for 
construction.
    (h) See 7 CFR part 1744, subpart B for conditions under which RUS 
will provide shared first lien and/or a lien accommodation for non-RUS 
lenders.



Sec.  1735.76  Acquisition of affiliates.

    A borrower shall not use RUS loan funds to acquire any stock or any 
telephone plant of an affiliate.

[54 FR 14626, Apr. 12, 1989. Redesignated at 55 FR 39395, Sept. 27, 
1990, as amended at 62 FR 46871, Sept. 5, 1997]



Sec.  1735.77  Release of loan funds, requisitions, advances.

    (a) RUS will not approve the advance of loan funds until the 
borrower has fulfilled all loan contract provisions to the extent deemed 
necessary by RUS.
    (b) The first advance of loan funds pursuant to the loan contract 
normally shall provide funds needed for the acquisition. Unless the 
borrower has received approval of interim financing, it must submit the 
requisition in time for the advance to be made by the closing date.
    (c) After the borrower has closed the acquisition, it shall furnish 
RUS all documents necessary to demonstrate to RUS's satisfaction that 
the transaction has been closed.
    (d) Advances for improvements or expansion of the acquired 
facilities will not be approved until RUS has determined that the 
transaction has been closed and the borrower has obtained satisfactory 
title to the acquired facilities.
    (e) See 7 CFR part 1737 (or RUS Bulletin 320-4) for additional 
requirements for releases of loan funds and 7 CFR part 1744, subpart C 
for additional requirements for requisitions and advances.



Sec. Sec.  1735.78-1735.79  [Reserved]



  Subpart H_Acquisitions or Mergers Not Involving Additional Loan Funds

    Source: 54 FR 14626, Apr. 12, 1989, unless otherwise noted. 
Redesignated at 55 FR 39395, Sept. 27, 1990



Sec.  1735.80  Submission of data.

    When a borrower is not requesting loan funds for an acquisition or 
merger, the borrower shall first notify RUS and submit for review by RUS 
the documents and information listed in (a)

[[Page 291]]

through (l) of this section required by RUS.
    (a) For any nonborrowers involved, their most recent balance sheets, 
operating statements, detail of plant accounts, reports to the state 
commission, and audits, if available.
    (b) Completed RUS Form 507, ``Report on Telephone Acquisition.''
    (c) A map (such as a road map) showing county lines, the boundaries 
of the proposed acquisition and the borrower's existing service 
territory, and the names of other telephone companies serving adjoining 
areas.
    (d) A brief statement of the plans for incorporating the acquired 
facilities into the borrower's existing system.
    (e) The number of subscribers currently receiving service in the 
areas involved in the acquisition or merger and the number of new 
subscribers that will be served over the next 5 years as a result of the 
acquisition or merger.
    (f) Copies of deeds of real estate to be acquired, with an 
explanation of the proposed use of the land.
    (g) Copies of security documents of any other lenders involved and 
any contracts or other rights of obligations to be assumed by the 
survivor.
    (h) A list of all counties in which the proposed system will have 
facilities.
    (i) If Article II, section 4(b) of the standard mortgage has not 
been made applicable, plans for operating the unified system.
    (j) In the case of a merger, the proposed articles of merger that 
are to be used.
    (k) In the case of an acquisition, the proposed purchase price, plus 
two copies of any options, bills of sale, or deeds, and two copies of 
any acquisition agreements. All of these documents are subject to RUS 
approval. If the acquisition agreement is approved by RUS, two copies of 
it shall be returned to the borrower.
    (l) Any other data deemed necessary by the Administrator for an 
evaluation of the acquisition or merger.

(Approved by the Office of Management and Budget under control number 
0572-0084)

[54 FR 14626, Apr. 12, 1989. Redesignated at 55 FR 39395, Sept. 27, 
1990]



Sec. Sec.  1735.81-1735.89  [Reserved]



         Subpart I_Requirements for All Acquisitions and Mergers

    Source: 54 FR 14626, Apr. 12, 1989, unless otherwise noted. 
Redesignated at 55 FR 39395, Sept. 27, 1990.



Sec.  1735.90  Preliminary approvals.

    (a) In cases where the borrower's schedule for completion of the 
proposed action leaves insufficient time for RUS to prepare and process 
the required documentation, including new mortgages and replacement 
notes, the borrower may request RUS to give preliminary approval to the 
acquisition or merger. However, the borrower may not obtain additional 
loan funds until the documentation is completed to RUS's satisfaction.
    (b) Consideration of preliminary approvals generally will not be 
practicable in cases in which compensating benefits are required.
    (c) RUS will not give preliminary approval when the lien of the 
mortgage on after-acquired property may be affected.
    (d) Before RUS will grant preliminary approval, the borrower shall 
submit:
    (1) Merger or acquisition documents required by state law;
    (2) Acquisition agreements covering the transaction;
    (3) Any required franchises, licenses, and permits;
    (4) All required regulatory body approvals;
    (5) All required corporate actions;
    (6) Leases, contracts, and evidence of titles to be assigned to the 
purchaser; and
    (7) The latest audited financial statements for any nonborrowers 
involved.
    (e) If the information in (d) of this section is acceptable to RUS, 
the borrower may proceed with the closing.

(Approved by the Office of Management and Budget under control number 
0572-0084)

[54 FR 14626, Apr. 12, 1989, unless otherwise noted. Redesignated at 55 
FR 39395, Sept. 27, 1990.]

[[Page 292]]



Sec.  1735.91  Location of facilities.

    Telephone facilities to be acquired must be located so that they can 
be efficiently operated by the borrower and provide adequate security 
for the RUS loan.

[54 FR 14626, Apr. 12, 1989, unless otherwise noted. Redesignated at 55 
FR 39395, Sept. 27, 1990.]



Sec.  1735.92  Accounting considerations.

    (a) Proper accounting shall be applied to all acquisitions and 
mergers, as required by the regulatory commission having jurisdiction, 
or in the absence of such a commission, as required by RUS based on 
Generally Accepted Accounting Principles or other accounting conventions 
as deemed necessary by RUS.
    (b) If RUS determines that the plant accounts are not properly 
depreciated, the borrower should adjust its depreciation rates. 
Depending upon the characteristics of the case, commission jurisdiction 
and requirements, and similar factors, one of the following actions 
shall be taken:
    (1) In states where commission approval of depreciation rates is 
required, a covenant shall be included in the loan contract that 
requires the borrower to:
    (i) Have the consulting engineer make an original cost less 
depreciation inventory and appraisal of retained plant as part of the 
final inventory, and
    (ii) Request commission approval of adjustments to its records on 
the basis of this inventory.
    (2) In states where commission approval is not required, informal 
discussions between RUS and the borrower may be undertaken to reach 
satisfactory voluntary adjustments. If this does not resolve the 
situation to RUS's satisfaction, a covenant similar to that in paragraph 
(b)(1)(i) of this section shall be included in the loan contract and the 
borrower shall agree to submit evidence satisfactory to the 
Administrator that it has adjusted its records on the basis of the 
inventory.

[54 FR 14626, Apr. 12, 1989, unless otherwise noted. Redesignated at 55 
FR 39395, Sept. 27, 1990.]



Sec.  1735.93  Notes.

    Substitute notes may be required in the case of an acquisition or 
merger, regardless of the source of funds.

[54 FR 14626, Apr. 12, 1989, unless otherwise noted. Redesignated at 55 
FR 39395, Sept. 27, 1990.]



Sec.  1735.94  Final approval and closing procedure.

    (a) Legal documents relating to the acquisition or merger, including 
copies of required franchises, commission orders, permits, licenses, 
leases, title evidence, corporate proceedings, and contracts to be 
assigned to the purchaser shall be forwarded to the Area Office prior to 
closing.
    (b) The Administrator will not give final approval to any 
acquisition or merger until all RUS requirements relating to the 
transactions are satisfied.
    (c) Following the Administrator's final approval of the proposal, 
the Area Office shall inform the borrower in writing of the necessary 
legal and other actions required for the advance of loan funds to 
finance the acquisition, including the submission, in form and substance 
satisfactory to the Administrator, of (1) all information and documents 
necessary to demonstrate that the transaction has been completed, and 
(2) all loan contracts, notes, mortgages, and related documents and 
materials required by RUS.
    (d) Deeds reflecting the change in ownership, executed bills of 
sale, and opinions of counsel shall be forwarded to the Area Office 
following closing.
    (e) RUS will not advance loan funds to furnish or improve service in 
the acquired or merged areas until the Administrator has given final 
approval and the transaction has been closed. RUS may, however, advance 
funds if it determines that loan security will not be jeopardized.
    (f) At the discretion of RUS, a GFR may be present at the closing to 
assist the borrower and protect the interests of RUS. Under certain 
circumstances the closing may take place prior to RUS granting final 
approval for the

[[Page 293]]

transaction and the execution of amended loan security documents.

[54 FR 14626, Apr. 12, 1989, unless otherwise noted. Redesignated at 55 
FR 39395, Sept. 27, 1990.]



Sec.  1735.95  Unadvanced loan funds.

    (a) The unadvanced loan funds of a borrower that will not be a 
survivor of an acquisition or merger shall be advanced only to the 
survivor and only under the following circumstances.
    (1) If the funds are to be used for purposes approved in prior 
loans, the funds shall be advanced after the effective date of the 
proposed action only when all loan contract prerequisites have been met 
and documents have been submitted in form and substance satisfactory to 
the Administrator.
    (2) If the funds are to be used for new purposes, then in addition 
to the requirements in (a)(1) of this section, RUS must also approve the 
change in purpose.
    (b) No loan or other money in the construction fund shall be used to 
finance facilities outside areas to be served by projects approved by 
RUS.

[54 FR 14626, Apr. 12, 1989, unless otherwise noted. Redesignated at 55 
FR 39395, Sept. 27, 1990.]



Sec. Sec.  1735.96-1735.99  [Reserved]



                    Subpart J_Toll Line Acquisitions

    Source: 54 FR 14626, Apr. 12, 1989, unless otherwise noted. 
Redesignated at 55 FR 39395, Sept. 27, 1990.]



Sec.  1735.100  Use of loan funds.

    An acquisition of toll line facilities financed with loan funds must 
be necessary and incidental, as determined by the Administrator, to 
furnishing or improving telephone service in rural areas. The borrower 
shall submit to RUS the acquisition agreement, the original cost less 
depreciation of the facilities, any concurrences with the connecting 
companies involved, and a detailed inventory of the facilities to be 
purchased. The borrower must submit to RUS evidence, satisfactory to the 
Administrator, of the borrower's ownership of the toll line facilities 
before loan funds for improvement of those facilities will be advanced.

[54 FR 14626, Apr. 12, 1989. Redesignated at 55 FR 39395, Sept. 27, 
1990]



Sec.  1735.101  With nonloan funds.

    When an acquisition is limited to toll line facilities and loan 
funds are not involved, RUS approval of the acquisition is not required. 
The borrower, however, shall submit to RUS for its approval all 
concurrences with the connecting companies involved and any other proof 
of ownership of the toll facilities required by RUS.

[54 FR 14626, Apr. 12, 1989. Redesignated at 55 FR 39395, Sept. 27, 
1990]



PART 1737_PRE-LOAN POLICIES AND PROCEDURES COMMON TO INSURED 
AND GUARANTEED TELECOMMUNICATIONS LOANS--Table of Contents



                            Subpart A_General

Sec.
1737.1 General statement.
1737.2 Definitions.
1737.3 Availability of RUS forms.
1737.4-1737.9 [Reserved]

                     Subpart B_Preapplication Stage

1737.10 Initial contact.
1737.11 Preapplication determinations.
1737.12-1737.19 [Reserved]

                     Subpart C_The Loan Application

1737.20 [Reserved]
1737.21 The completed loan application.
1737.22 Supplementary information.
1737.23-1737.29 [Reserved]

     Subpart D_Preloan Studies_Area Coverage Survey and Loan Design

1737.30 General.
1737.31 Area Coverage Survey (ACS).
1737.32 Loan Design (LD).
1737.33-1737.39 [Reserved]

   Subpart E_Interim Financing of Construction of Telephone Facilities

1737.40 General.
1737.41 Procedure for obtaining approval.
1737.42 Procedure for construction.
1737.43-1737.49 [Reserved]

[[Page 294]]

               Subpart F_Review of Application Procedures

1737.50 Review of completed loan application.
1737.51 Approval of loan design.
1737.52-1737.59 [Reserved]

              Subpart G_Project Cost Estimation Procedures

1737.60 Telephone loan budget.
1737.61 Cost allocation for rural and nonrural areas.
1737.62-1737.69 [Reserved]

             Subpart H_Feasibility Determination Procedures

1737.70 Description of feasibility study.
1737.71 Interest rate to be considered for the purpose of assessing 
          feasibility for loans.
1737.72-1737.79 [Reserved]

                    Subpart I_Characteristics Letter

1737.80 Description of characteristics letter.
1737.81-1737.89 [Reserved]

                Subpart J_Final Loan Approval Procedures

1737.90 Loan approval requirements.
1737.91 Approval.
1737.92 Loan documents.
1737.93-1737.99 [Reserved]

                  Subpart K_Release of Funds Procedure

1737.100 Prerequisites to the release and advance of funds.
1737.101 Amounts spent for preloan activities.
1737.102-1737.109 [Reserved]

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

    Source: 54 FR 13356, Apr. 3, 1989, unless otherwise noted. 
Redesignated at 55 FR 39396, Sept. 27, 1990.



                            Subpart A_General



Sec.  1737.1  General statement.

    (a) This part prescribes policies, procedures and responsibilities 
relating to applications for RUS loans to finance the improvement and 
extension of telephone service in rural areas. Requirements for both 
initial and subsequent loans are discussed, with differences pointed 
out.
    (b) This part sets forth the policies, procedures, and requirements 
of RUS during the period from the receipt of a completed loan 
application until the advance of funds. This part sets forth the factors 
RUS considers in determining the characteristics of a loan, such as the 
amount of the loan, and conditions to the advance of funds. Involved in 
this determination are:
    A loan budget, feasibility study, characteristics letter, loan 
recommendation, and release of funds. This CFR part supersedes all RUS 
Bulletins that are in conflict with it.
    (c) See 7 CFR part 1735 on general loan policies, 7 CFR part 1737 
for details on submitting a loan application, and 7 CFR part 1744 on the 
advance of funds.



Sec.  1737.2  Definitions.

    As used in this part:
    Access line means a transmission path between user terminal 
equipment and a switching center that is used for local exchange 
service. For multiparty service, the number of access lines equals the 
number of lines/paths terminating on the mainframe of the switching 
center.
    Acquisition means the purchase of another telephone system, lines, 
or facilities whether by acquiring telephone plant in service or 
majority stock interest of one or more organizations.
    Administrator means the Administrator of RUS.
    Area Coverage means the provision of adequate telephone service to 
the widest practical number of rural users during the life of the loan.
    Advance of funds means the transferring of funds by RUS to the 
borrower's construction fund.
    Borrower means any organization which has an outstanding loan made 
or guaranteed by RUS, on which is seeking such financing.
    Characteristics letter means the letter informing the borrower of 
the characteristics of the proposed loan before the loan is recommended.
    Feasibility study means the pro forma financial analysis performed 
by RUS to determine the economic feasibility of a loan.
    Forecast period means the time period beginning on the date (base 
date) of the borrower's balance sheet used in preparing the feasibility 
study and ending on a date equal to the base date plus

[[Page 295]]

the number of years estimated in the feasibility study for the 
completion of the project. Feasibility projections are usually for 5 
years, see Sec.  1737.70(a). For example, the forecast period for a loan 
based on a December 31, 1990 balance sheet and having a 5-year estimated 
project completion time is the period from December 31, 1990 to December 
31, 1995.
    Guaranteed loan means a loan guaranteed by RUS under section 306 of 
the RE Act bearing interest at a rate agreed to by the borrower and the 
lender.
    Hardship loan means a loan made by RUS under section 305(d)(1) of 
the RE Act bearing interest at a rate of 5 percent per year.
    Initial loan means the first loan made to a borrower.
    Interim construction means the purchase of equipment or the conduct 
of construction under an RUS-approved plan of interim financing.
    Interim financing means funding for a project which RUS has 
acknowledged will be included in a loan, should said loan be approved, 
but for which RUS loan funds have not yet been made available.
    Loan means any loan made or guaranteed by RUS.
    Project means the improvements and telephone facilities financed by 
a particular RUS loan.
    RE Act means the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901 et seq.).
    Release of funds means determination by RUS that a borrower has 
complied with all of the conditions prerequisite to the advances as set 
forth in the loan contract to the extent deemed necessary by RUS for 
approval of the use of loan funds and any required equity or other 
nonloan funds.
    Reserves means loan or nonloan funds that have not been encumbered. 
Funds are encumbered when they have been set aside for by RUS for a 
particular loan purpose.
    Rural area means any area of the United States, its territories and 
possessions (including any area within the Federated States of 
Micronesia, the Republic of the Marshall Islands, and the Republic of 
Palau) not included within the boundaries of any incorporated or 
unincorporated city, village or borough having a population exceeding 
5,000 inhabitants, and which excludes certain populations pursuant to 7 
U.S.C. 1991(a)(13)(H) and (I). The population figure is obtained from 
the most recent decennial Census of the United States. If the applicable 
population figure cannot be obtained from the most recent decennial 
Census, RD will determine the applicable population figure based on 
available population data. For purposes of the ``rural area'' 
definition, the character of an area is determined as of a time the 
initial loan for the system is made.
    RUS cost-of-money loan means a loan made under section 305(d)(2) of 
the RE Act bearing an interest rate as determined under 7 CFR 
1735.31(c).
    Special project means facilities involving investment in excess of 
$100,000 for any single subscriber.
    Subscriber means the same as access line.
    Subsequent Loan means any loan to a borrower which has already 
received a loan.
    Telephone service means any communication service for the 
transmission or reception of voice, data, sounds, signals, pictures, 
writing, or signs of all kinds by wire, fiber, radio, light, or other 
visual or electromagnetic means and includes all telephone lines, 
facilities and systems to render such service. It does not mean:
    (1) Message telegram service;
    (2) Community antenna television system services or facilities other 
than those intended exclusively for educational purposes; or
    (3) Radio broadcasting services or facilities within the meaning of 
section 3(o) of the Communications Act of 1934, as amended.
    Times Interest Earned Ratio (TIER) means the ratio of a borrower's 
net income (after taxes) plus interest expense, all divided by interest 
expense. For the purpose of this calculation, all

[[Page 296]]

amounts will be annual figures and interest expense will include only 
interest on debt with a maturity greater than one year.

[54 FR 13356, Apr. 3, 1989. Redesignated at 55 FR 39396, Sept. 27, 1990, 
as amended at 56 FR 26598, June 10, 1991; 58 FR 66256, Dec. 20, 1993; 80 
FR 9861, Feb. 24, 2015; 84 FR 59922, Nov. 7, 2019; 87 FR 38642, June 29, 
2022]



Sec.  1737.3  Availability of RUS forms.

    Single copies of RUS forms and publications cited in this part are 
available from Administrative Services Division, Rural Utilities 
Service, United States Department of Agriculture, Washington, DC 20250. 
These RUS forms and publications may be reproduced. The terms ``RUS 
form'', ``RUS standard form'', and ``RUS specification'' have the same 
meanings as the terms ``REA form'' ``REA standard form'', and ``REA 
specification'', respectively, unless otherwise indicated.

[54 FR 13356, Apr. 3, 1989. Redesignated at 55 FR 39396, Sept. 27, 1990, 
as amended at 59 FR 66441, Dec. 27, 1994]



Sec. Sec.  1737.4-1737.9  [Reserved]



                     Subpart B_Preapplication Stage



Sec.  1737.10  Initial contact.

    Initial loan applicants seeking assistance should write the Rural 
Utilities Service, United States Department of Agriculture, Washington, 
DC 20250. A field representative will be assigned by RUS to visit the 
applicant and discuss its financial needs and eligibility. Existing 
borrowers initiate the contact directly with their assigned field 
representative. Borrowers consult with RUS field representatives and 
headquarters staff, as necessary.



Sec.  1737.11  Preapplication determinations.

    Before submitting an application to RUS, the borrower should 
consider the following:
    (a) Area to be served. The proposed service area should neither 
include subscribers already receiving adequate service from another 
telephone system nor leave out unserved pockets of potential subscribers 
who have indicated an interest in service and are located between the 
proposed system and neighboring systems. See 7 CFR 1735.11 on Area 
Coverage and 7 CFR 1735.12 on Nonduplication. In establishing service 
area boundaries, borrowers should consider the location of adjoining 
systems, natural boundaries such as rivers and mountains, and economic 
and cultural features such as trading and community centers.
    (b) Number of subscribers. The borrower must estimate the number of 
subscribers that will request service from the proposed system.
    (c) Acquisitions. A borrower considering an acquisition should refer 
to 7 CFR 1735.20 and RUS Bulletins 320-4, 321-2, 325-1, and 326-1.
    (d) Mergers and consolidations. A borrower considering a merger or 
consolidation should refer to 7 CFR 1735.19.
    (e) Refinancing. Restrictions on the use of loan funds for 
refinancing are contained in 7 CFR 1735.21.
    (f) Service for nonrural subscribers. In some situations, RUS loan 
funds may be used to finance facilities to serve nonrural subscribers. 
See 7 CFR 1735.13.
    (g) Loan amount. The initial loan request is based on the borrower's 
best estimate of financing needs. RUS requires detailed studies by the 
borrower to complete the application and the initial estimate is subject 
to revision.
    (h) Loans for a portion of a system. If it is impractical to finance 
facilities to provide adequate service throughout the borrower's entire 
telephone service area, RUS will consider a loan application to finance 
improvements to a portion of a borrower's system.
    (i) Telecommunications modernization plan. A borrower applying for 
hardship or concurrent RUS cost-of-money loans should refer to 7 CFR 
part 1751, subpart B.

[54 FR 14626, Apr. 12, 1989. Redesignated at 55 FR 39395, Sept. 27, 
1990, as amended at 58 FR 66256, Dec. 20, 1993; 84 FR 59922, Nov. 7, 
2019]



Sec. Sec.  1737.12-1737.19  [Reserved]



                     Subpart C_The Loan Application



Sec.  1737.20  [Reserved]



Sec.  1737.21  The completed loan application.

    (a) The completed loan application consists of four parts:

[[Page 297]]

    (1) A completed RUS Form 490.
    (2) A market survey called the Area Coverage Survey (ACS).
    (3) The plan and associated costs for the proposed construction, 
called the Loan Design (LD).
    (4) Various supplementary information specified in 7 CFR 1737.22.
    (b) The RUS field representative assists the borrower in assembling 
this information. Certain information is required from initial loan 
applicants but usually not from borrowers seeking subsequent loans. 
Borrowers are to submit all information in paragraph (a) of this section 
to their RUS field representatives, who will review and then forward the 
packages to RUS headquarters.
    (c) RUS will make a determination of completeness of the application 
package and will notify the borrower of this determination within 10 
working days of receipt of the information at RUS headquarters. If the 
application package is not complete, RUS will notify the borrower of 
what information is needed in order to complete the application package. 
If the information required to complete the application package is not 
received by RUS within 90 working days from the date the borrower was 
notified of the information needed, RUS may return the application 
package to the borrower. Returned applications are without prejudice and 
borrowers may resubmit the completed application.

(Approved by the Office of Management and Budget under control number 
0572-0079)

[54 FR 13356, Apr. 3, 1989. Redesignated at 55 FR 39396, Sept. 27, 1990, 
as amended at 56 FR 26598, June 10, 1991]



Sec.  1737.22  Supplementary information.

    RUS requires additional information in support of the loan 
application form. The information listed in paragraphs (a), (b), and (c) 
of this section must be submitted as part of the loan application as 
specified in 7 CFR 1737.21.
    (a) The following must be submitted by all initial loan applicants. 
Borrowers seeking subsequent loans must submit any changes in these 
items since they were last submitted.
    (1) Name of attorney and manager, and certified copies of board 
resolutions selecting them.
    (2) Certified copy of articles of incorporation showing evidence of 
filing with the Secretary of State and in county records.
    (3) Certified copies of bylaws and board minutes showing their 
adoption.
    (4) Certified sample stock certificates.
    (5) Amounts of common and preferred stock issued and outstanding.
    (6) Names, addresses, business affiliations, and stockholdings of 
the manager, officers, directors, and other principal stockholders 
(those owning at least 20 percent of borrower's voting stock).
    (7) Certified copies of real estate deeds showing all recording 
information.
    (8) Service agreements, such as for management or system 
maintenance.
    (9) Certified copies of existing leases, except those for vehicles, 
furniture and office equipment, and computer equipment.
    (10) Certified copies of existing franchises.
    (11) Information on any franchises required as a result of the 
proposed loan project.
    (12) Federal Communications Commission (FCC) authorizations.
    (13) For toll, operator office, traffic, and EAS agreements, the 
names of all parties to the agreement, the type of agreement, and the 
effective and termination dates of the agreement and annexes, and the 
exchanges involved.
    (14) Copies of rate schedules. (A copy of the tariff must be 
available for review by the RUS field representative.)
    (15) Executed copy of RUS Form 291, ``Certification of Nonsegregated 
Facilities''.
    (16) A sketch or map showing the existing and proposed service 
areas.
    (17) Executed assurance that the borrower will comply with the 
Uniform Relocation Assistance and Real Property Acquisitions Policies 
Act of 1970, as amended (see 49 CFR 24.4).
    (18) A certification (which is included on RUS Form 490, 
``Application for Telephone Loan or Guarantee'') that the borrower has 
been informed of the collection options listed below that the Federal 
government may use to collect delinquent debt. RUS and other government 
agencies are authorized to

[[Page 298]]

take any or all of the following actions in the event that a borrower's 
loan payments become delinquent or the borrower defaults (OMB Circular 
A-129 defines ``delinquency'' for direct or guaranteed loans as debt 
more than 31 days past due on a scheduled payment):
    (i) Report the borrower's delinquent account to a credit bureau.
    (ii) Assess additional interest and penalty charges for the period 
of time that payment is not made.
    (iii) Assess charges to cover additional administrative costs 
incurred by the Government to service the borrower's account.
    (iv) Offset amounts owed to the borrower under other Federal 
programs.
    (v) Refer the borrower's debt to the Internal Revenue Service for 
offset against any amount owed to the borrower as an income tax refund.
    (vi) Refer the borrower's account to a private collection agency to 
collect the amount due.
    (vii) Refer the borrower's account to the Department of Justice for 
litigation in the courts.
    (19)(i) A certification, signed by the president of the borrower, 
that the borrower is participating in the State's telecommunications 
modernization plan (for additional information concerning the plan, see 
7 CFR part 1751, subpart B). This certification is not required if the 
borrower is seeking a guaranteed loan.
    (ii) All of the actions in paragraph (a)(18) of this section can and 
will be used to recover any debts owed when it is determined to be in 
the interest of the Government to do so. The notification and the 
required form of certification in paragraph (a)(18) of this section are 
included on RUS Form 490, Application for Telephone Loan or Guarantee.
    (b) The following must be submitted by borrowers seeking subsequent 
loans:
    (1) Certified financial statements for the last 3 years.
    (2) Toll settlement statements and related data.
    (3) Present exchange rates and any pending changes.
    (4) Environmental review documentation in accordance with 7 CFR part 
1970.
    (5) A ``Certification Regarding Lobbying'' for loans, or a 
``Statement for Loan Guarantees and Loan Insurance'' for loan 
guarantees, and when required, an executed Standard Form LLL, 
``Disclosure of Lobbying Activities,'' (see section 319, Public Law 101-
121 (31 U.S.C. 1352)).
    (6) Executed copy of Form AD-1047, ``Certification Regarding 
Debarment, Suspension, and Other Responsibility Matters--Primary Covered 
Transactions.''
    (7) Borrower's determination of loan maturity, including information 
noted in Sec.  1735.43(a) of this chapter as required.
    (8) Approved depreciation rates for items under regulatory authority 
jurisdiction.
    (9) A statement that the borrower is or is not delinquent on any 
Federal debt, such as income tax obligations or a loan or loan guarantee 
from another Federal agency. If delinquent, the reasons for the 
delinquency must be explained and RUS will take such explanation into 
consideration in deciding whether to approve the loan. RUS Form 490, 
``Application for Telephone Loan or Guarantee,'' contains a section for 
providing the required statement and any appropriate explanation.
    (10) Any other supporting data required by the Administrator.
    (c) For borrowers requesting funds for construction or refinancing, 
in addition to the information included in paragraphs (a) and (b) of 
this section, the following must be submitted:
    (1) Copies of all bonds, notes, mortgages, and contracts covering 
outstanding indebtedness proposed to be refinanced.
    (2) For each note or bond, the name of the creditor, original amount 
of debt and amount as of last year-end, purpose of debt, dates incurred 
and due, interest rates, and repayment terms.
    (3) Justification for refinancing and evidence that the underlying 
loan to be refinanced would have been eligible for RUS financing under 
the RE Act.
    (d) Loan requests whose sole purpose is to refinance loans under 
Titles II and VI of the RE Act must submit the following:
    (1) Certified financial statements for the last 3 years.

[[Page 299]]

    (2) Five-year financial projections consisting of Income Statement, 
Balance Sheet, and Cash Flow Statement.
    (3) A ``Certification Regarding Lobbying'' for loans, or a 
``Statement for Loan Guarantees and Loan Insurance'' for loan 
guarantees, and when required, an executed Standard Form LLL, 
``Disclosure of Lobbying Activities,'' (see section 319, Pub. L. 101-121 
(31 U.S.C. 1352)).
    (4) Executed copy of Form AD-1047, ``Certification Regarding 
Debarment, Suspension, and Other Responsibility Matters--Primary Covered 
Transactions.''
    (5) Borrower's determination of loan maturity.
    (6) A statement that the borrower is or is not delinquent on any 
Federal debt, such as income tax obligations or a loan or loan guarantee 
from another Federal agency. If delinquent, the reasons for the 
delinquency must be explained and RUS will take such explanation into 
consideration in deciding whether to approve the loan. RUS Form 490, 
``Application for Telephone Loan or Guarantee,'' contains a section for 
providing the required statement and any appropriate explanation.
    (7) Any other supporting data required by the Administrator.
    (e) Borrowers requesting loan funds for acquisitions should refer to 
RUS bulletins 320-4, 321-2, 325-1, and 326-1 for requirements.
    (f) For all applications that request funding for retail broadband 
as defined in 7 CFR 1735.2, the application must include all information 
required for the public notice as stated in 7 CFR 1735.23(a).

(Approved by the Office of Management and Budget under control number 
0572-0079)

[54 FR 13356, Apr. 3, 1989. Redesignated at 55 FR 39396, Sept. 27, 1990, 
as amended at 56 FR 26599, June 10, 1991, 58 FR 66256, Dec. 20, 1993; 79 
FR 76003, Dec. 19, 2014; 81 FR 11027, Mar. 2, 2016; 86 FR 50609, Sept. 
10, 2021]



Sec. Sec.  1737.23-1737.29  [Reserved]



     Subpart D_Preloan Studies_Area Coverage Survey and Loan Design



Sec.  1737.30  General.

    In support of a loan application, the borrower shall prepare and 
submit to RUS: (a) A market forecast to determine service requirements 
(the Area Coverage Survey) and (b) engineering studies to determine the 
system design that provides service most efficiently (the Loan Design). 
The RUS field representative confers with the borrower and its engineer 
to schedule the completion and submission of these studies.

(Approved by the Office of Management and Budget under control number 
0572-0079)



Sec.  1737.31  Area Coverage Survey (ACS).

    (a) The Area Coverage Survey (ACS) is a market forecast of service 
requirements of subscribers in a proposed service area.
    (b) The objective of the ACS is to determine the location, number 
and telephone service requirements of subscribers in a service area. RUS 
will use the ACS to appraise the proposed plan for area coverage and to 
determine the largest practical number of rural subscribers which can be 
served on an economically feasible basis. Preparation of the ACS 
requires:
    (1) A field survey of the service area to locate and identify on 
maps all business and residential establishments, whether currently 
served or not. The location and identification of future establishments 
are also recorded on the maps.
    (2) A forecast of the number of telephone subscribers, in the entire 
service area, by exchange, grade and class of service, projected for the 
end of the 5-year study period.
    (c) The results of the survey and forecast shall be:
    (1) Shown on maps (maps for those service areas previously financed 
by RUS do not have to be included in the ACS provided that the 
borrower's records contain sufficient information as to subscriber 
development to enable

[[Page 300]]

cost estimates for the proposed facilities to be prepared);
    (2) Tabulated on RUS Form 569 ``Area Coverage Survey Report,'' or 
its equivalent; and
    (3) Supported by a narrative (see Sec.  1737.32(f)(1)(ii)) 
containing information on the bases for the service requirement 
forecasts in each exchange.
    (d) Guidelines on preparing an ACS are provided in RUS 
Telecommunications Engineering and Construction Manual section 205.
    (e) The RUS field representative reviews and approves the borrower's 
ACS. The borrower should make sure this is done before proceeding with 
the Loan Design in order to prevent unnecessary expense should the ACS 
not be approved. The borrower's engineer must use the RUS-approved ACS 
in preparing the Loan Design.

(Approved by the Office of Management and Budget under control number 
0572-0079)



Sec.  1737.32  Loan Design (LD).

    (a) A loan application requires supporting data collectively called 
a ``Loan Design.'' The LD contains a forecast of service requirements 
and a narrative with supporting exhibits. Most of the items included in 
the LD are similar for all loan applications. However, as noted below, 
there are certain additional requirements for initial loans and for any 
exchange areas not previously financed by RUS, and other additional 
requirements for subsequent loans for areas previously financed by RUS. 
The LD must conform to the borrower's state telecommunications 
modernization plan unless the borrower is seeking a guaranteed loan (for 
additional information concerning the plan, see 7 CFR part 1751, subpart 
B).
    (b) Because of the importance and complexity of the engineering 
studies necessary for the LD, it should be prepared by a competent 
experienced telecommunications engineer. While the LD is subject to RUS 
approval, the borrower's selection of an engineer to perform preloan 
work is not. Note: The borrower's selection of an engineer to perform 
postloan work is subject to RUS approval. This should be considered when 
selecting a preloan engineer, if the same individual or company is to 
perform both services. See 7 CFR 1753.17.
    (c) An LD for initial loans or for any exchange areas not previously 
financed by RUS requires an Outside Plant Design that provides:
    (1) The most economical and practical design for a telephone system 
that meets immediate service demands; and
    (2) The basis for orderly expansion of the system to serve the 
widest practical number of rural establishments.
    (d) The LD for a subsequent loan (which only includes areas 
previously financed by RUS) does not require a detailed Outside Plant 
Design. The detailed Outside Plant Design for these subsequent loans may 
be completed for RUS review and approval after loan approval, but before 
staking is started and plans and specifications are prepared. By 
scheduling preparation of the outside plant design closer to preparation 
for construction, the need for redesign resulting from changing 
conditions and its attendant costs are reduced.
    (e) Guidelines on preparing an LD are provided in RUS 
Telecommunications Engineering and Construction Manual section 205.
    (f) The LD shall include a narrative, several exhibits, and a 
certification, as explained below:
    (1) Narrative. This section discusses the following topics, as 
appropriate.
    (i) General. The purposes and amount of the proposed construction 
and both immediate and long range plans must be covered. The source and 
amount of any nonloan funds to be used for this construction must be 
discussed.
    (ii) Subscriber data. The basis for the subscriber forecast, 
including any unusual factors expected to influence growth, must be 
discussed. Reasons for growth projections which vary from historic 
trends must be explained.
    (iii) Proposed construction. All proposed construction must be 
described fully. Reference to the BER must be made here.
    (iv) Service area. For subsequent loans only, proposed construction 
which is not within the boundaries of prior loan projects must be 
discussed. New areas

[[Page 301]]

to be served (even if from existing exchanges) must be shown on maps 
submitted with the proposal.
    (v) Toll and EAS. Proposed new toll or extended area service (EAS) 
facilities, including any changes from the existing trunking 
arrangements, must be described fully. Minutes of meetings and 
correspondence with connecting companies, and connecting company 
concurrences, if any, must be included.
    (vi) Radio telephone service. Proposed radio telephone service must 
be discussed. Results of studies demonstrating demand and/or need most 
be included as an exhibit.
    (vii) Special projects. Facilities involving investment in excess of 
$100,000 for any single subscriber must be discussed fully. Contractual 
arrangements with the subscriber, including a termination agreement 
providing for (A) the full recovery by the borrower of its capital costs 
of the facilities no later than the maturity date of the note 
representing the loan, (B) the immediate repayment of all remaining 
capital costs, if terminated, and (C) repayment to RUS of the 
outstanding amount of the special note shall be submitted. Usually a 
separate short-term note is prepared for loans to finance Special 
Projects.
    (viii) Investment in nonrural areas. (A) For initial loans, or loans 
for areas not previously financed by RUS, the borrower must fully 
discuss proposed improvements or expansions in an exchange serving a 
community over 5,000 population. The name of the community, the number 
of existing and projected new subscribers by grades of service within 
the community, detailed cost estimates of the facilities involved, and 
information sufficient to establish the necessity for the use of loan 
funds must be provided.
    (B) For subsequent loans, the borrower must fully discuss as 
specified in paragraph (f)(1)(viii)(A) of this section proposed 
improvements or expansions in an exchange serving a community over 5,000 
population which had a population of more than 5,000 at the time the 
facilities to serve the community were first financed by RUS. The 
population determination is based on the corporate limits or boundaries 
of unincorporated areas in existence at the time the facilities to serve 
the community were first financed by RUS.
    (C) For subsequent loans, the borrower shall state whether the 
population of a community, which is currently more than 5,000, was 
considered rural at the time RUS first financed the facilities to serve 
the community. Detailed cost estimates are not required if the 
population was considered rural at the time RUS first financed 
facilities to serve the community, see 7 CFR 1735.13(d).
    (ix) Prior loan project. For subsequent loans only, the reason for 
and amount of additional loan funds needed to complete construction in 
progress which was part of a prior loan project in central office areas 
not included in the current LD must be discussed fully.
    (x) Route miles. Route miles of outside plant in central office 
areas not shown on RUS Form 495 must be provided.
    (xi) Future plans. Where the loan application is to finance part of 
a system-wide upgrading plan, plans for those remaining exchanges not 
included in the current loan proposal must be discussed.
    (2) Exhibits. (i) An RUS Form 569, ``Area Coverage Survey Report,'' 
or its equivalent shall be included for the total system and for each 
exchange in which system improvements or additions are proposed.
    (ii) An RUS Form 495, ``Construction Cost Estimates,'' or its 
equivalent shall be prepared for each exchange in which system 
improvements or additions are proposed. An explanation of the method 
used in developing these cost estimates must be included.
    (iii) RUS Form 494, ``Loan Design Summary,'' or its equivalent shall 
be prepared for each loan. This must show all expected 5-year 
construction costs, loan and nonloan.
    (iv) A schematic trunking diagram shall be included showing the 
number and type, length, ownership and makeup of existing and proposed 
toll and EAS trunks, plus transmission and traffic data for each trunk 
group.
    (v) Detailed outside plant design maps must be submitted for all 
central office areas of initial loan applicants and for areas not 
previously served by existing borrowers or financed by RUS.

[[Page 302]]

These design maps must be in sufficient detail to substantiate the 
construction cost estimates.
    (vi) For subsequent loans only, if a change in system boundaries is 
proposed, a map must be furnished showing present and proposed 
boundaries, and existing establishments and subscribers in the new 
areas.
    (vii) Any other special exhibits needed to support particular items 
in the loan proposal must be included.
    (3) Certification. The following certification shall be signed by a 
principal of the engineering firm and the borrower:

    We, the undersigned, certify that the data in this Loan Design are 
correct to the best of our knowledge and belief and reasonably reflect 
the cost to serve the subscribers as proposed on the Forms 569, ``Area 
Coverage Survey Report,'' which are integral parts hereof, and that this 
Loan Design adheres to RUS engineering and construction standards and 
practices.

    (g) The RUS field representative shall review and make a 
recommendation on each LD.
    (1) After completion of the LD, the borrower arranges a meeting with 
its engineer and RUS's field representative to review:
    (i) Design and cost estimates.
    (ii) Reserves available from prior loans, if any, or internally 
generated funds which may be applied against the requirements of the 
current application.
    (2) One copy of RUS Form 567, ``Checklist for Review of Loan 
Design,'' completed and signed by the borrower's engineer must be 
attached to the LD submitted to the RUS field representative.
    (3) The RUS field representative recommends acceptance of the LD as 
the basis for RUS financing.
    (4) Three copies of the final LD with the RUS field representative's 
recommendation are then sent to the relevant Area Office in RUS. A 
fourth copy is retained by the RUS field representative.
    (5) A transmittal letter from the borrower must accompany the LDs, 
requesting that the application previously submitted be amended so as to 
be consistent with the approved LD.
    (6) Final approval of the LD is given by the relevant Area Office in 
RUS. To be approved, the LD must be cost effective, include appropriate 
technology, and provide area coverage.
    (7) Upon receipt of the LD and any other required information, RUS 
makes a preliminary analysis of the loan proposal. Before final 
consideration of the loan, RUS reviews the results of its preliminary 
analysis with the borrower.

(Approved by the Office of Management and Budget under control number 
0572-0079)

[54 FR 13356, Apr. 3, 1989; 54 FR 16194, Apr. 21, 1989. Redesignated at 
55 FR 39396, Sept. 27, 1990, as amended at 58 FR 66256, Dec. 20, 1993]



Sec. Sec.  1737.33-1737.39  [Reserved]



   Subpart E_Interim Financing of Construction of Telephone Facilities



Sec.  1737.40  General.

    (a) Under special circumstances a borrower may request that RUS 
approve interim financing for interim construction. This subpart 
describes the circumstances in which RUS will consider approving interim 
financing of construction, the information to be submitted to RUS to 
support the borrower's request, RUS's requirements relating to interim 
construction, and related matters.
    (b) For a borrower to preserve the option of obtaining loan funds 
for reimbursement of interim financing, it must obtain prior RUS 
approval of its interim financing plan and follow the procedures in 7 
CFR 1737.41 and 7 CFR 1737.42.
    (c) RUS will approve interim financing only for projects which must 
be performed immediately.
    (d) RUS approval of interim financing is not a commitment that RUS 
will make loan funds available.
    (e) Equal employment opportunity requirements apply to interim 
construction. See RUS Bulletin 320-15.



Sec.  1737.41  Procedure for obtaining approval.

    (a) The borrower shall submit to the RUS Area Office a written 
request for approval of interim financing. This request shall include:

[[Page 303]]

    (1) A description of the construction proposed under interim 
financing.
    (2) An explanation of the urgency of proceeding with the proposed 
construction.
    (3) An estimate of the cost.
    (4) The source of funds to be used for interim financing.
    (b) RUS will not approve interim financing until it has reviewed and 
found acceptable:
    (1) All of the information required under Sec.  1737.21; or
    (2) The following documents:
    (i) The loan application (RUS Form 490) clearly marked ``in support 
of interim financing request.''
    (ii) The Loan Design (LD), or the portion thereof that covers the 
proposed construction if the completed LD is not available. See 7 CFR 
1737.32.
    (iii) Evidence that the borrower has complied with the environmental 
review requirements in accordance with 7 CFR part 1970.
    (iv) A statement that the borrower is or is not delinquent on any 
Federal debt, such as income tax obligations or a loan guarantee from 
another Federal agency. If delinquent, the reasons for the delinquency 
must be explained and RUS will take such explanation into consideration 
in deciding whether to approve the interim financing, see 7 CFR 
1737.22(b)(9).
    (v) A ``Certification Regarding Lobbying'' for loans, or a 
``Statement for Loan Guarantees and Loan Insurance'' for loan 
guarantees, and when required, an executed Standard Form LLL, 
``Disclosure of Lobbying Activities,'' (see section 319, Pub. L. 101-121 
(31 U.S.C. 1352)).
    (vi) Executed copy of Form AD-1047, ``Certification Regarding 
Debarment, Suspension, and Other Responsibility Matters--Primary Covered 
Transactions.''
    (vii) Any other supporting data required by the Administrator.
    (c) RUS will not approve a borrower's request for approval of 
interim financing if, in RUS's judgment:
    (1) The proposed interim financing does not comply with the 
requirements of this subpart.
    (2) The proposed interim construction will not qualify for RUS 
financing.
    (3) The proposed interim financing presents unacceptable loan 
security risks to RUS, or otherwise is not in the best interests of RUS.

(Approved by the Office of Management and Budget under control number 
0572-0079)

[54 FR 13356, Apr. 3, 1989. Redesignated at 55 FR 39396, Sept. 27, 1990, 
as amended at 56 FR 26599, June 10, 1991; 59 FR 54381, Oct. 31, 1994; 79 
FR 76003, Dec. 19, 2014; 81 FR 11027, Mar. 2, 2016]



Sec.  1737.42  Procedure for construction.

    (a) If RUS approves the interim financing, interim construction 
shall be conducted in accordance with 7 CFR part 1753, 7 CFR part 1788, 
RUS Bulletin 320-15, and RUS Bulletins 381-1, 381-2, 381-4, 381-7, 381-
8, 381-9, 381-10, 381-11, 381-13, 382-1, 382-2, 382-3, 383-1, 383-4, 
384-1, 384-2, 384-3, 385-1, 385-2, 385-3, 385-4, 385-5, 385-6, 387-1, 
387-2, 387-3, 387-4, and 387-5) except for the following:
    (1) All sellers and contractors invited to bid must be informed that 
funds from sources other than RUS will be used to pay for construction.
    (2) Contracts involving the interim construction must contain a 
provision, in form and substance satisfactory to RUS, stating that RUS 
is not committed to lend or advance funds to finance the project.
    (3) Contracts will not be approved by RUS until the borrower 
demonstrates to RUS's satisfaction that funds from sources other than 
RUS will be available when needed to pay invoices submitted in 
accordance with contract payment terms.
    (4) The borrower shall not begin interim construction until all 
necessary licenses, permits, and other governmental approvals have been 
obtained.
    (b) After RUS loan funds are released, the borrower can obtain 
reimbursement for interim financing by submitting a Financial 
Requirement Statement. See 7 CFR part 1744, subpart C (or RUS Bulletin 
327-1).
    (1) The first advance of loan funds to a borrower that has received 
interim financing approval generally will be limited to funds to repay 
any interim financing indebtedness and such additional amounts as RUS 
deems necessary. RUS will make no further advances of loan funds until 
the borrower

[[Page 304]]

has submitted evidence, in form and substance satisfactory to the 
Administrator, that (i) any indebtedness created by the interim 
financing and any liens associated therewith have been fully discharged 
of record and (ii) the borrower has satisfied all other conditions on 
the advance of additional loan funds.
    (2) If the source of funds for interim financing is the borrower's 
internally generated funds, the borrower may request reimbursement of 
those funds along with advances for other purposes on the first 
Financial Requirement Statement.

[54 FR 13356, Apr. 3, 1989; 54 FR 16194, Apr. 21, 1989. Redesignated at 
55 FR 39396, Sept. 27, 1990]



Sec. Sec.  1737.43-1737.49  [Reserved]



               Subpart F_Review of Application Procedures



Sec.  1737.50  Review of completed loan application.

    (a) The completed loan application consists of:
    (1) A completed RUS Form 490, ``Application for Telephone Loan or 
Loan Guarantee;''
    (2) A completed certification Form AD-1047, ``Certification 
Regarding Debarment, Suspension, and Other Responsibility Matters--
Primary Covered Transactions;''
    (3) A market survey called the Area Coverage Survey (ACS);
    (4) The plan and associated costs for the proposed construction, 
called the Loan Design (LD);
    (5) Evidence that the borrower is participating in a 
telecommunications modernization plan in the state where the proposed 
construction will occur, unless the borrower is seeking a guaranteed 
loan; and
    (6) Various supplementary information.


See 7 CFR part 1737 for additional information.
    (b) RUS shall review the completed loan application, particularly 
noting subscriber data, grades of service, extended area service (EAS), 
connecting company commitments, commercial facilities, system and 
exchange boundaries, and proposed acquisitions. RUS shall review the LD 
to determine that the system design is acceptable to RUS, that the 
design is technically correct, that the cost estimates are reasonable, 
and that the design provides for area coverage service. RUS shall also 
review the population and incorporation status of all communities served 
or to be served by the borrower to determine if any nonrural areas are 
served and if municipal franchises are required. Any RUS lending for 
nonrural areas must be in accordance with 7 CFR part 1735. RUS shall 
also check the ``List of Parties Excluded from Federal Procurement of 
Nonprocurement Programs'', compiled, maintained and distributed by 
General Services Administration, to determine whether the borrower is 
debarred, suspended, ineligible, or voluntarily excluded (see 2 CFR 
180.430).
    (c) RUS will notify the borrower if RUS recommends major changes in 
subscriber projections, design, cost estimates, or other significant 
matters. RUS will not continue loan processing until RUS and the 
borrower agree on all major changes.

[54 FR 13356, Apr. 3, 1989; 54 FR 16194, Apr. 21, 1989. Redesignated at 
55 FR 39396, Sept. 27, 1990, as amended at 58 FR 66256, Dec. 20, 1993; 
79 FR 76003, Dec. 19, 2014]



Sec.  1737.51  Approval of loan design.

    RUS shall notify the borrower when the preloan data concerning the 
system design and costs and subscriber projections have been approved. 
If found acceptable, RUS will approve the LD with any required changes. 
A copy of the approved LD, with any significant changes, as determined 
by RUS, will be returned to the borrower.



Sec. Sec.  1737.52-1737.59  [Reserved]



              Subpart G_Project Cost Estimation Procedures



Sec.  1737.60  Telephone loan budget.

    (a) RUS shall prepare a ``Telephone Loan Budget'' (RUS Form 493) 
showing all costs for the proposed project and the amount of loan and 
nonloan funds to be used. The budget shall show, as applicable, amounts 
for central offices, outside plant and station equipment,

[[Page 305]]

right-of-way procurement, land, buildings, removal costs, special 
projects, engineering, vehicles and work equipment, office equipment, 
operating funds, refinancing with loan funds, debt retirement with 
nonloan funds, acquisitions, and contingencies. The amount of funds 
included in any loan shall be limited for certain items:
    (1) Operating funds for working capital or current operating 
deficiencies shall be included only in cases of financial hardship as 
determined by the Administrator.
    (2) Contingencies shall not exceed 3 percent of the total amount of 
loan funds to be used for construction, engineering, operating equipment 
and operating funds.
    (b) RUS shall prepare the cost estimates based on the data in RUS 
Form 494, ``Loan Design Summary,'' and RUS Form 495, ``Construction Cost 
Estimates,'' or their equivalents, and other parts of the LD submitted 
by the borrower, and on other pertinent information. See subpart D of 
this part. The amounts included in the proposed budget shall be the 
estimated costs, less the value of materials and supplies on hand or 
acquired that can be used in the proposed construction. The cost 
estimates in the LD may be adjusted by RUS in consultation with the 
borrower. See Sec.  1737.50(c).
    (c) Generally, the new loan shall be reduced by any required equity 
funds and funds available in reserves no longer needed for prior loan 
purposes to determine the proposed loan requirement.
    (d) When amounts are available in reserves no longer needed for 
prior loan purposes, RUS may, at its option, deny further advances of 
these funds if they will be used to finance projects in the proposed 
loan.
    (e) The budget shall also show, if applicable, the reserves for each 
budget item as of the date of the latest RUS Form 481, ``Financial 
Requirement Statement,'' submitted by the borrower. To ensure that 
sufficient funds are included in the budget to finance all proposed 
construction, RUS includes in the budget any funds deposited by the 
borrower for approved interim financing.

[54 FR 13356, Apr. 3, 1989, as amended at 84 FR 59922, Nov. 7, 2019]



Sec.  1737.61  Cost allocation for rural and nonrural areas.

    (a) Pursuant to the requirements in 7 CFR part 1735, if loan funds 
are proposed for facilities to serve subscribers in nonrural areas, RUS 
shall allocate costs between rural and nonrural areas. This allocation 
will be used to determine whether the use of loan funds in nonrural 
areas is necessary and incidental to furnishing and improving telephone 
service in rural areas. Cost estimates shall be provided by the borrower 
in the LD. See subpart D of this part. RUS will use the following method 
to review the cost breakdowns and to determine their appropriateness:
    (1) The costs of facilities associated directly with particular 
subscribers shall be allocated to those subscribers.
    (2) The costs of facilities that serve both rural and nonrural 
subscribers shall be allocated based on the relative number of rural and 
nonrural subscribers receiving service from those facilities.
    (3) When a borrower's exchange that includes a nonrural community 
will have an extended area of service (EAS) with other exchanges of the 
borrower, the breakdown of subscribers and funds in the allocation for 
rural and nonrural areas included in the proposed loan shall show the 
number of rural and nonrural subscribers and the costs to serve each 
group, as determined per paragraphs (a)(1) and (a)(2) of this section, 
in the subject exchange and in all exchanges connected by EAS.
    (b) If RUS determines that costs cannot be adequately allocated 
using the procedures in paragraphs (a)(1) through (a)(3) of this 
section, RUS shall, on a case by case basis, allocate costs between the 
rural and nonrural subscribers using whatever methodology it deems 
reasonable. All allocations in paragraphs (a) and (b) of this section 
shall be documented.

[[Page 306]]



Sec. Sec.  1737.62-1737.69  [Reserved]



             Subpart H_Feasibility Determination Procedures



Sec.  1737.70  Description of feasibility study.

    (a) In connection with each loan RUS shall prepare a feasibility 
study that includes sections on consolidated loan estimates, operating 
statistics, projected telecommunications, plant, projected retirement 
computations, and projected revenue and expense estimates (including 
detailed estimates of depreciation and amortization expense, scheduled 
debt service payments, toll and access charge revenues, and local 
service revenues). Normally, projections will be for a 5-year period and 
used to determine the ability of the borrower to repay its loans in 
accordance with the terms thereof. RUS will not require borrowers to 
raise local service rates. Local service revenue projections will be 
based on the borrower's existing local service rates or regulatory body 
approved rates not yet in effect but to be implemented within the 
Forecast period. In the latter case, if a borrower is not required to 
obtain regulatory body approval for the implementation of such rates, 
RUS will require a resolution of the board of directors indicating when 
those rates will be in effect.
    (b) RUS makes loans only to rural telephone systems that are 
financially feasible. RUS shall consider the factors discussed in 
paragraphs (c) through (j) of this section in determining feasibility.
    (c) The revenue and expense estimates for the feasibility study 
generally will be based on the borrower's operating experience provided 
that:
    (1) Adjustments are made for any nonrecurring revenues and expenses 
that are not representative of the borrower's past operations and would 
thus make the borrower's experience data inappropriate for the forecast; 
and
    (2) Adjustments are made for any special or new characteristics or 
other considerations deemed necessary by the Administrator.
    (d) [Reserved]
    (e) Depreciation expense will be determined using depreciation rates 
appropriate to the normal operation of the borrower, based on:
    (1) The borrowers regulatory body approved depreciation rates; and
    (2) Where such rates as described in paragraph (e)(1) of this 
section do not exist for items which the borrower is seeking financing, 
the most recent median depreciation rates published by RUS for all 
borrowers. RUS will publish such depreciation rates annually in RUS's 
``Statistical Report, Rural Telephone Borrowers.''
    (f) Projected scheduled debt service payments will generally be 
based on all of the borrower's outstanding and proposed loans from RUS 
and all other lenders as of the end of the feasibility Forecast period 
(i.e. for a 5-year Forecast period, the amount of debt outstanding in 
year 5).
    (g) The financial and statistical data are derived from RUS Form 
479, ``Financial and Statistical Data for Telephone Borrowers,'' or for 
initial loans, the data may be obtained from the borrower's financial 
statements and other reports, and from other information supplied with 
the completed loan applications (see 7 CFR 1737.21 and 1737.22).
    (h) When, in RUS's opinion, the borrower's operating experience is 
not adequate or the borrower's current operations are not 
representative, the estimates in the feasibility study normally will be 
developed from state and regional standards based on the experience of 
RUS borrowers. These standards are included in the Borrower's 
Statistical Profile (BSP), which is revised annually by RUS. If the 
borrower's operating experience is not the basis for one or more per-
subscriber estimates used in the feasibility study, the estimates 
generally may not vary from the standard by more than 20 percent to 
reflect the particular characteristics of the loan applicant. Any 
variation from the standard shall be documented.
    (i) In cases where these per-subscriber standards do not represent a 
reasonable forecast of a particular borrower's operations (for example, 
when a variation greater than 20 percent is necessary), estimates based 
upon a special analysis of the borrower's projected operations shall be 
used. The

[[Page 307]]

special analysis will accompany the feasibility study.
    (j) When it is reasonably expected that a subscriber, classified as 
a special project, may discontinue service, a second feasibility study 
will be prepared, for comparison purposes, omitting revenues and 
expenses from this subscriber.
    (k) RUS may obtain and review commercially available credit reports 
on applicants for a loan or loan guarantee to verify income, assets, and 
credit history, and to determine whether there are any outstanding 
delinquent Federal or other debts. Such reports will also be reviewed 
for parties that are or propose to be joint owners of a project with a 
borrower.
    (l) If it is determined that loan feasibility cannot be proven as 
described in this section, the loan application will be returned to the 
borrower with an explanation. A borrower whose application has been 
returned will have 90 working days, from the date the application was 
returned, to revise and resubmit its application. If a revised 
application is not received by RUS within the 90-day period described 
above, the application will be canceled and a new application will need 
to be submitted if the borrower wishes further consideration.

[54 FR 13356, Apr. 3, 1989. Redesignated at 55 FR 39396, Sept. 27, 1990, 
as amended at 56 FR 26599, June 10, 1991; 58 FR 66256, Dec. 20, 1993; 62 
FR 46872, Sept. 5, 1997]



Sec.  1737.71  Interest rate to be considered for the purpose 
of assessing feasibility for loans.

    (a) For purposes of determining the creditworthiness of a borrower 
for RUS cost-of-money, the Administrator shall assume that the loan, if 
made, would bear interest at the Treasury rate on the date of 
determination as described in paragraph (b) of this section. If the 
Treasury rate exceeds 7 percent, the interest rate used to determine 
eligibility for the RUS cost-of-money loan will be 7 percent.
    (b) The 30-year Treasury rate will be used in all feasibility 
studies for loans with a final maturity of at least 30 years. A 
straight-line interpolation between other Treasury rates will be used to 
determine the rate used in feasibility studies for loans with final 
maturities of less than 30 years.
    (c) The Treasury rate will be obtained each Tuesday, or as soon as 
possible thereafter, from the Federal Reserve. The rate for the current 
week, from the column labeled ``This week'' in the Federal Reserve 
statistical release, will be used from that Wednesday through the 
following Tuesday.
    (d) As used in this section, the ``date of determination'' means the 
date of the feasibility study used in support of the loan 
recommendation.

[58 FR 66257, Dec. 20, 1993, as amended at 84 FR 59922, Nov. 7, 2019]



Sec. Sec.  1737.72-1737.79  [Reserved]



                    Subpart I_Characteristics Letter



Sec.  1737.80  Description of characteristics letter.

    (a) After all of the studies and exhibits for the proposed loan have 
been prepared, but before the loan is recommended, RUS shall inform the 
borrower, in writing, of the characteristics of the proposed loan. The 
purpose of the characteristics letter is to inform the borrower and 
obtain its concurrence, before further consideration by RUS of the loan 
approval and the preparation of legal documents relating to the loan, in 
such matters as the amount of the proposed loan, its purposes, rate of 
interest, loan security requirements, and other prerequisites to the 
advance of loan funds. The letter, whether or not concurred in by the 
borrower, does not commit RUS to approve the loan on these or any other 
terms.
    (b) The Forecast of Revenues and Expenses and a copy of RUS Form 
493, ``Telephone Loan Budget,'' shall be enclosed with the 
characteristics letter. This copy of the budget shall be subject to 
change by RUS with the borrower's agreement.

[54 FR 13356, Apr. 3, 1989. Redesignated at 55 FR 39396, Sept. 27, 1990, 
as amended at 56 FR 26600, June 10, 1991]

[[Page 308]]



Sec. Sec.  1737.81-1737.89  [Reserved]



                Subpart J_Final Loan Approval Procedures



Sec.  1737.90  Loan approval requirements.

    (a) In addition to requirements set forth in 7 CFR part 1735, 7 CFR 
part 1737 and other applicable parts of 7 CFR chapter XVII, the 
following are certain additional requirements that must be met before 
RUS will approve a loan:
    (1) If the borrower had 100 or more employees as of the prior 
December 31, it must submit the current annual Employer Information 
Report EEO-1, Standard Form 100, as required by the Department of Labor; 
see 29 CFR 1602.7 through 1602.14.
    (2) The borrower must be in compliance with regulations on 
nondiscrimination. See 7 CFR part 1790 (or RUS Bulletin 320-19).
    (3) For subsequent loans, RUS must determine whether the borrower's 
accounting records are adequate. If the records are not adequate, as 
determined by RUS based on Generally Accepted Accounting Principles or 
other accounting conventions as deemed necessary by RUS, a provision 
will be included in the loan contract requiring the borrower to improve 
its records to an adequate level.
    (4) The borrower must not have any receivables, loans, guarantees, 
investments, or other obligations that are contrary to the mortgage 
provisions or any RUS regulations including, but not limited to, 7 CFR 
part 1758 (or RUS Bulletins 320-4, 320-22, 321-2, 322-2, 323-1, or 326-
1). If the borrower has any of these items, the loan contract shall 
contain a provision requiring that they be eliminated prior to the 
release of funds. See 7 CFR part 1744 for conditions under which RUS 
will provide a shared first lien and/or a lien accommodation for non-RUS 
lenders.
    (5) RUS must make a determination on flood insurance requirements. 
In accordance with the National Flood Insurance Act of 1968, as amended 
by the Flood Disaster Protection Act of 1973, as amended (the ``Flood 
Insurance Act''), RUS shall not approve financial assistance for the 
acquisition, construction, repair or improvement of any building or any 
machinery, equipment, fixtures or furnishings contained or to be 
contained in any such building located in an area which has been 
identified by the Director of the Federal Emergency Management Agency 
(the ``Director of FEMA'') pursuant to the Flood Insurance Act as an 
area having special flood hazards unless:
    (i) Flood insurance has been made available, pursuant to the Flood 
Insurance Act, in the area in which the acquisition, construction, 
repair or improvement is proposed to occur; and
    (ii) The borrower has obtained flood insurance coverage with respect 
to such building, machinery, equipment, fixtures or furnishings as may 
be required pursuant to the Flood Insurance Act.


Accordingly, a finding shall be made on whether loan funds will be used 
to finance buildings, machinery, fixtures or furnishings located in an 
identified special flood hazard area. If loan funds are to be used in 
such a special flood hazard area, a provision will be included in the 
loan contract restricting the release of funds until all the 
requirements of the Flood Insurance Act have been satisfied.
    (6) All environmental review requirements must be met in accordance 
with 7 CFR part 1970. The Agency may obligate, but not disperse, funds 
under the program pursuant to 7 U.S.C. 950cc-1, before the completion of 
the otherwise required environmental, historical, or other types of 
reviews if the Secretary of Agriculture determines that subsequent site-
specific review shall be adequate and easily accomplished for the 
location of towers, poles, or other broadband facilities in the service 
area of the awardee without compromising the project or the required 
reviews.
    (b) [Reserved]

[54 FR 13356, Apr. 3, 1989. Redesignated at 55 FR 39396, Sept. 27, 1990, 
as amended at 56 FR 26600, June 10, 1991; 81 FR 11027, Mar. 2, 2016; 86 
FR 50610, Sept. 10, 2021]



Sec.  1737.91  Approval.

    (a) A loan is approved when the Administrator, or whoever is 
delegated authority, signs the administrative findings and the letter to 
the borrower announcing the loan.

[[Page 309]]

    (b) If the loan is not approved, RUS shall notify the borrower, in 
writing, of the reasons.



Sec.  1737.92  Loan documents.

    Following approval of the loan, RUS shall forward the necessary loan 
documents to the borrower for execution, delivery, recording, and 
filing, as directed by RUS. See 7 CFR part 1758 for details (or RUS 
Bulletins 320-4, 320-22, 321-2, 322-2, 323-1, or 326-1).



Sec. Sec.  1737.93-1737.99  [Reserved]



                  Subpart K_Release of Funds Procedure



Sec.  1737.100  Prerequisites to the release and advance of funds.

    (a) Standard prerequisites to the advance of funds, generally 
applied to all loans, are set forth in Article II of the form of loan 
contract attached as appendix A to 7 CFR part 1758. Additional 
prerequisites may be added on a case by case basis to the loan contract.
    (b) Before any loan funds can be advanced, RUS must approve a 
release of funds.
    (c) RUS approves the release of funds only after it determines that 
all prerequisites to the advance of loan funds have been met or funds 
should be advanced even though certain loan contract prerequisites 
remain unsatisfied.
    (d) Following release approval, loan funds and related nonloan funds 
may be advanced in accordance with 7 CFR part 1744.
    (e) The borrower may be required to discharge indebtedness and/or to 
close acquisitions before advances are made for construction purposes. 
In such cases, the borrower shall submit evidence that these actions 
have been completed. If the evidence is satisfactory to RUS, RUS shall 
allow the remaining loan funds to be advanced in accordance with 7 CFR 
part 1744.

(Approved by the Office of Management and Budget under control number 
0572-0085)



Sec.  1737.101  Amounts spent for preloan activities.

    If the borrower desires to credit amounts spent for preloan 
activities against any equity or general funds required by the loan 
contract, it shall submit an itemized statement of such expenditures to 
the Area Office. These expenditures will be accounted for on RUS Form 
503, ``Release of Telephone Loan Funds,'' if RUS determines that the 
amounts spent are reasonable based on normal industry practice and that 
the procedures set forth in 7 CFR part 1737, subpart D, have been 
complied with. Statements of preloan expenditures will be verified as to 
accuracy by loan fund audits.

(Approved by the Office of Management and Budget under control number 
0572-0085)



Sec. Sec.  1737.102-1737.109  [Reserved]



PART 1738_RURAL BROADBAND LOANS, LOAN/GRANT COMBINATIONS, 
AND LOAN GUARANTEES--Table of Contents



                            Subpart A_General

Sec.
1738.1 Overview.
1738.2 Definitions.
1738.3 Funding parameters.
1738.4-1738.50 [Reserved]

                   Subpart B_Eligibility Requirements

1738.51 Eligible entities.
1738.52 Eligible projects.
1738.53 Eligible service area.
1738.54 Eligible service area exceptions for broadband facility 
          upgrades.
1738.55 Broadband lending speed requirements.
1738.56 Eligible assistance purposes.
1738.57 Ineligible assistance purposes.
1738.58-1738.100 [Reserved]

                      Subpart C_Award Requirements

1738.101 Grant assistance.
1738.102 Payment assistance for loans.
1738.103 Substantially Underserved Trust Areas (SUTA).
1738.104 Technical assistance.
1738.105 Priorities for approving assistance.
1738.106 Public notice.
1738.107 Additional reporting requirements for Awardees.
1738.108 Environmental reviews.
1738.109 Civil rights procedures and requirements.
1738.110-1738.150 [Reserved]

          Subpart D_Loan and Loan/Grant Combination Award Terms

1738.151 General.
1738.152 Interest rates.

[[Page 310]]

1738.153 Terms and conditions.
1738.154 Security.
1738.155 Advance of funds.
1738.156 Buy American requirement.
1738.157-1738.200 [Reserved]

    Subpart E_Loan and Loan/Grant Combination Application Review and 
                              Underwriting

1738.201 Application submission.
1738.202 Elements of a complete application.
1738.203 Notification of completeness.
1738.204 Evaluation for feasibility.
1738.205 Competitive analysis.
1738.206 Financial information.
1738.207 Network design.
1738.208 Award determinations.
1738.209-1738.250 [Reserved]

  Subpart F_Closing, Servicing, and Reporting for Loan and Loan/Grant 
                           Combination Awards

1738.251 Offer and closing.
1738.252 Construction.
1738.253 Servicing of loan and loan/grant combinations.
1738.254 Accounting, reporting, and monitoring requirements.
1738.255 Default and deobligation.
1738.256-1738.300 [Reserved]

                        Subpart G_Loan Guarantee

1738.301 General.
1738.302 Fees.
1738.303-1738.349 [Reserved]
1738.350 OMB control number.

    Authority: 7 U.S.C. 901 et seq.

    Source: 85 FR 14398, Mar. 12, 2020, unless otherwise noted.



                            Subpart A_General



Sec.  1738.1  Overview.

    (a) The Rural Broadband Program furnishes loans, loan/grant 
combinations, and loan guarantees for the costs of construction, 
improvement, or acquisition of facilities and equipment needed to 
provide service at the broadband lending speed in eligible rural areas. 
This part sets forth the general policies, eligibility requirements, 
types and terms of loans, loan/grant combinations and loan guarantees, 
and program requirements under 7 U.S.C. 901 et seq.
    (b) Additional information and application materials regarding the 
Rural Broadband Program can be found on the Rural Development website.



Sec.  1738.2  Definitions.

    (a) The following definitions apply to this part:
    Acquisition means the purchase of assets by an eligible entity as 
defined in Sec.  1738.51 to acquire facilities, equipment, operations, 
licenses, or majority stock interest of one or more organizations. Stock 
acquisitions must be arm's-length transactions.
    Administrator means the Administrator of the Rural Utilities Service 
(RUS).
    Advance means the transfer of loan or grant funds from the Agency to 
the Awardee.
    Affiliate or affiliated company of any specified person or entity 
means any other person or entity directly or indirectly controlling of, 
controlled by, under direct or indirect common control with, or related 
to, such specified entity, or which exists for the sole purpose of 
providing any service to one company or exclusively to companies which 
otherwise meet the definition of affiliate. For the purpose of this 
definition, ``control'' means the possession directly or indirectly, of 
the power to direct or cause the direction of the management and 
policies of a company, whether such power is exercised through one or 
more intermediary companies, or alone, or in conjunction with or 
pursuant to an agreement with, one or more other companies, and whether 
such power is established through a majority or minority ownership 
voting of securities, common directors, officers, or stockholders, 
voting trust, or holding trusts (other than money exchanged) for 
property or services.
    Agency means the Rural Utilities Service (RUS).
    Applicant means an entity requesting approval of assistance under 
this part.
    Assistance means a request for a loan, loan/grant combination, or 
loan guarantee.
    Associated loan means any loan that is granted in association with a 
grant. Every grant will have an associated loan.
    Award means a loan, loan/grant combination, or loan guarantee made 
under this part.
    Award documents means, as applicable, all associated loan 
agreements,

[[Page 311]]

loan/grant combination agreements, or loan guarantee documents.
    Award term means the term of the loan as defined in the Award 
documents. The Award term shall be equal to the composite economic life 
of the facilities being financed with RUS loan or grant funding plus 3 
years.
    Awardee means an entity that has applied for and been awarded 
assistance under this part.
    Borrower means an entity that has applied for and been awarded loan 
funding under this part.
    Broadband grant means a Community Connect, Broadband Initiatives 
Program, ReConnect Program, or Rural Broadband Program grant approved by 
the Agency.
    Broadband lending speed means the minimum bandwidth requirements, as 
published by the Agency in its latest notice in the Federal Register 
that Applicants must propose to deliver to every customer in the 
proposed funded service area in order for the Agency to approve a 
broadband Award. Broadband lending speeds will vary depending on the 
technology proposed and the term of the average composite economic life 
of the facilities. Initially, the broadband lending speed for 
terrestrial service, whether fixed or wireless, as well as mobile 
broadband serving ranches and farmland is 25 megabits per second (Mbps) 
downstream and 3 Mbps upstream, until further amended by notice. If a 
new broadband lending speed is published in the Federal Register while 
an application is pending, the pending application will be processed 
based on the broadband lending speed that was in effect when the 
application was submitted.
    Broadband loan means any loan approved under Title VI of the Rural 
Electrification Act of 1936, as amended (RE Act).
    Broadband service means any technology identified by the 
Administrator as having the capacity to provide transmission facilities 
that enable the subscriber to receive a minimum level of service equal 
to at least a downstream transmission capacity of 25 Mbps and an 
upstream transmission capacity of 3 Mbps. The Agency will publish the 
minimum transmission capacity with respect to terrestrial service that 
will qualify as broadband service in a notice in the Federal Register. 
If a new minimum transmission capacity is published in the Federal 
Register while an application is pending, broadband service for the 
purpose of reviewing the application will be defined by the minimum 
transmission capacity that was required at the time the application was 
received by the Agency.
    Build-out means the construction, improvement, or acquisition of 
facilities and equipment, except for customer premises equipment (CPE).
    Competitive analysis means a study that identifies service providers 
and products in the service area that will compete with the Applicant's 
operations.
    Composite economic life means the weighted (by dollar amount of each 
class of facility in the requested assistance) average economic life as 
determined by the Agency of all classes of facilities financed by the 
award.
    Current Ratio (CR) means the current assets divided by the current 
liabilities.
    Customer premises equipment (CPE) means any network-related 
equipment used by a customer to connect to a service provider's network.
    Debt Service Coverage Ratio (DSCR) means the ratio of the sum of the 
Awardee's total net income or margins, depreciation and amortization 
expense, and interest expense, minus an allowance for funds used during 
construction and amortized grant revenue, all divided by the sum of 
interest on funded debt, other interest, and principal payment on debt 
and capital leases.
    Density means the total population to be served by the project 
divided by the total number of square miles to be served by the project. 
If multiple service areas are proposed, the density calculation will be 
made on the combined areas as if they were a single area, and not the 
average densities.
    Development costs mean the pre-application costs associated with 
construction, design of the system, and other professional labor, as 
approved by the Agency. Further guidance on what constitutes approved 
development costs will be outlined in the Agency's application guide.

[[Page 312]]

    Economic life means the estimated useful service life of an asset 
financed by the loan or grant, as determined by the Agency.
    Feasibility study means the pro forma financial analysis performed 
by the Agency, based on the financial projections prepared by the 
Applicant, to determine the financial feasibility of a loan or loan/
grant combination request.
    Financial feasibility means the Applicant's ability to generate 
sufficient revenues to cover its expenses, sufficient cash flow to 
service its debts and obligations as they become due and meet the Net 
worth and minimum Times Interest Earned Ratio (TIER), CR, or DSCR 
requirements of Sec.  1738.206(b)(2)(i) by the end of the forecast 
period. Financial feasibility of an application is based on a projection 
that spans the forecast period and the entire operation of the 
Applicant, not just the proposed project.
    Fiscal year refers to the Applicant or awardee's fiscal year, unless 
otherwise indicated.
    Forecast period means the time period used in the feasibility study 
to determine if an application is financially feasible.
    GAAP means generally accepted accounting principles in the United 
States of America.
    Grant documents means the grant contract and security agreement 
between the Agency and the Awardee securing the grant.
    Grantee means an entity that has an outstanding broadband grant made 
by the Agency, with outstanding obligations under the Award documents.
    Incumbent service provider means a service provider that provides 
terrestrial broadband service to at least 5 percent of the households in 
the proposed funded service area at the time of application submission. 
Resellers are not considered incumbent service providers. If an 
Applicant proposes an acquisition, the Applicant will be considered a 
service provider for that area. The Agency will not consider mobile or 
satellite providers when determining the incumbent service providers in 
the area.
    Indefeasible right to use (IRU) means the long-term agreement of the 
rights to capacity, or a portion thereof specified in terms of a certain 
amount of bandwidth or number of fibers.
    Interim financing means funds used for eligible Award purposes after 
an Award offer has been extended to the Applicant by the Agency. Such 
funds may be eligible for reimbursement from Award funds if an Award is 
made.
    Loan guarantee means Federal assistance in the form of a guarantee 
of a loan, or a portion thereof, made by another lender.
    Loan funds means funds provided pursuant to a broadband loan made or 
guaranteed under this part by the Agency.
    Market survey means the collection of information on the supply, 
demand, usage, and rates for proposed services to be offered by an 
Applicant in support of the Applicant's financial projections.
    Net worth means the difference between an entity's total assets and 
total liabilities.
    Project means all work to be performed to bring broadband service to 
all premises in the proposed funded service area under the Application 
that is approved for assistance. This includes the construction, 
purchase and installation of equipment, and professional services 
including engineering and accountant/consultant fees. A project may be 
funded with Federal assistance or other funds.
    Project completion means that all Award funds for construction of 
the broadband system, excluding those funds for subscriber connections 
and CPE, have been advanced to the Awardee by RUS.
    Proposed funded service area means the geographic service territory 
within which the Applicant is proposing to offer service at the 
broadband lending speed.
    RE Act means the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901 et seq.).
    Reseller means a company that purchases network services from 
service providers in bulk and resells them to commercial businesses and 
residential households. Resellers are not considered incumbent service 
providers.
    Rural area(s) means any area which is not located within:

[[Page 313]]

    (i) A city, town, or incorporated area that has a population of 
greater than 20,000 inhabitants; or
    (ii) An urbanized area contiguous and adjacent to a city or town 
that has a population of greater than 50,000 inhabitants. For purposes 
of this definition, an urbanized area means a densely populated 
territory as defined in the latest decennial census of the U.S. Census 
Bureau; and
    (iii) Which excludes certain populations pursuant to 7 U.S.C. 
1991(a)(13)(H) and (I).
    RUS Borrower or RUS Grantee means any recipient of a loan or grant 
administered by the RUS Telecommunications Program that has a loan 
outstanding, or a grant which still has unadvanced funds available.
    Security documents means any mortgage, deed of trust, security 
agreement, financing statement, or other document which grants or 
perfects to the Agency a security interest in collateral given as 
security for the assistance under this part.
    Service area or Service territory means the geographic area within 
which a service provider offers broadband service.
    Service provider means an entity providing broadband service.
    System of accounts means the Agency's system of accounts for 
maintaining financial records as described in 7 CFR part 1770, subpart 
B.
    TIER means times interest earned ratio. TIER is the ratio of an 
Applicant's net income (after taxes) plus interest expense, all divided 
by interest expense and with all financial terms customarily-required by 
GAAP or by the Uniform System of Accounts (USOA).
    Total project cost means all eligible costs associated with the 
project that are laid out in the application budget schedule, including 
RUS loan and grant funding and non-RUS funds, as approved by the Agency.
    (b) Accounting terms not otherwise defined in this part shall have 
the commonly-accepted meaning under GAAP and shall be recorded using the 
Agency's system of accounts.

[85 FR 14398, Mar. 12, 2020, as amended at 87 FR 38642, June 29, 2022]



Sec.  1738.3  Funding parameters.

    (a) The amount of funds available for assistance, as well as the 
maximum and minimum Award amounts, will be published in the Federal 
Register. Applicants may apply for loans, loan/grant combinations, and 
loan guarantees.
    (b) An Applicant that provides telecommunications or broadband 
service to at least 20 percent of the households in the United States is 
limited to an Award amount that is no more than 15 percent of the funds 
available to the Rural Broadband Program for the Federal fiscal year.



Sec. Sec.  1738.4-1738.50  [Reserved]



                   Subpart B_Eligibility Requirements



Sec.  1738.51  Eligible entities.

    (a) To be eligible for funding, an Applicant may be either a 
nonprofit or for-profit organization, and must take one of the following 
forms:
    (1) Corporation;
    (2) Limited liability company (LLC);
    (3) Cooperative or mutual organization;
    (4) Indian tribe or tribal organization as defined in 25 U.S.C. 
5304; or
    (5) State or local government, including any agency, subdivision, or 
instrumentality thereof.
    (b) For loan guarantees, the underlying loan must be issued to an 
entity that meets the requirements in this part.



Sec.  1738.52  Eligible projects.

    To be eligible for assistance under this part, the Applicant must:
    (a) Agree to complete the build-out of the broadband system 
described in the application within 5 years from the day the Applicant 
is notified that funds are available. Under the terms of the Award 
documents, this 5-year period will commence from the date that the legal 
documents are cleared, and funds are made available to the Awardee. The 
application must demonstrate that all proposed construction can be 
completed within this 5-year period with the exception of CPE;
    (b) Demonstrate an ability to provide service at the broadband 
lending speed

[[Page 314]]

to all premises in the proposed funded service area; and
    (c) Provide additional equity, if necessary, to ensure financial 
feasibility (see Sec.  1738.204) as determined by the Administrator.
    (d) For loan guarantees, the underlying loan must be issued on a 
project that meets all eligibility requirements required in this part.



Sec.  1738.53  Eligible service area.

    (a) A service area may be eligible for assistance as follows:
    (1) For loan and loan/grant combinations, the proposed funded 
service area is completely contained within a rural area. For loan 
guarantee applications, the proposed funded service area must be 
contained within an area with a population of 50,000 or less, as defined 
in 7 U.S.C. 1991(a)(13);
    (2) For loan/grant combinations, at least 90 percent of the 
households in the proposed service area must not have access to 
broadband service. For loans and loan guarantees, at least 50 percent of 
the households in the proposed service area must not have access to 
broadband service;
    (3) No part of the proposed funded service area has three or more 
incumbent service providers; and
    (4) No part of the proposed funded service area overlaps with the 
service area of current RUS borrowers or grantees with outstanding 
obligations. Notwithstanding, after October 1, 2020, the service areas 
of grantees that are providing service that is less than 10 Mbps 
downstream or less than 1 Mbps upstream will be considered unserved 
unless, at the time of the proposed application, the grantee has begun 
to construct broadband facilities that will meet the minimum acceptable 
level of service established in Sec.  1738.55.
    (b) Non-contiguous areas in the same application will be considered 
separate service areas and must be treated separately for the purpose of 
determining service area eligibility. If one or more non-contiguous 
areas within an application are is determined to be ineligible, the 
Agency may consider the remaining areas in the application for 
eligibility.
    (c) When determining the eligibility of a proposed funded service 
area, the Agency will use the information submitted through the public 
notice response (see Sec.  1738.106) as well as all available 
information collected through various means by the Agency, including but 
not limited to consultation with other Federal and State agencies and 
RUS' own site-specific assessment of the level of service in an area.
    (d) Mobile and satellite services will not be considered in making 
the determination that households in the proposed service area do not 
have access to broadband service.



Sec.  1738.54  Eligible service area exceptions for broadband 
facility upgrades.

    (a) Applicants upgrading existing broadband facilities in their 
existing service area are exempt from the requirement concerning the 
limit of incumbent service providers in Sec.  1738.53(a)(3). 
Additionally, applicants for loans or loan guarantee funding that have 
received a broadband loan under Section 601 of the RE Act are exempt 
from the requirement concerning the number of households in Sec.  
1738.53(a)(2) without access to broadband service.
    (b) Applicants submitting one application to upgrade existing 
broadband facilities and to expand service beyond their existing service 
area must segregate the upgrade and expansion into two service areas, 
even if the upgrade and expansion areas are contiguous. The expansion 
service area will not be subject to any exemptions.
    (c) Applicants will be asked to remove areas determined to be 
ineligible from their proposed funded service area. The application will 
then be evaluated based on what remains if the resultant service 
territory is de minimis in change. Otherwise, the Applicant will be 
requested to provide additional information to the Agency relating to 
the ineligible areas, such as updated pro forma financials. If the 
Applicant fails to respond, the application may be returned.



Sec.  1738.55  Broadband lending speed requirements.

    (a) Projects must meet the broadband build-out standards in 
paragraphs (a)(1)

[[Page 315]]

through (5) of this section in order to be considered for assistance.
    (1) Projects with an Award term of less than 5 years must provide 
service at the broadband lending speed;
    (2) Projects with an Award term of 5 to 10 years must provide 
service at four times the broadband lending speed;
    (3) Projects with an Award term of 11 to 15 years must provide 
service at six times the broadband lending speed;
    (4) Projects with an Award term of 16 to 20 years must provide 
service at eight times the broadband lending speed; and
    (5) Projects with an Award term over 20 years must provide service 
at ten times the broadband lending speed.
    (b) If an Applicant demonstrates that it would be cost prohibitive 
to meet the broadband lending speed in paragraph (a) of this section in 
the proposed funded service area due to the unique characteristics of 
the service territory, the Administrator may agree to utilize substitute 
service standards. In such cases, Applicants must document in their 
application why the unique characteristics of such an area make it cost 
prohibitive to provide service at the broadband lending speed. Note that 
the proof of burden on Applicants will be extremely high.



Sec.  1738.56  Eligible assistance purposes.

    Assistance under this part may be used to pay for any of the 
following expenses:
    (a) To fund the construction, improvement, or acquisition of all 
facilities required to provide service at the broadband lending speed to 
rural areas, including facilities required for providing other services 
over the same facilities.
    (b) To fund the cost of leasing facilities required to provide 
service at the broadband lending speed if such lease qualifies as a 
capital/finance lease under GAAP. Notwithstanding, assistance can only 
be used to fund the cost of the capital/finance lease for no more than 
the first three years of the lease period. If an IRU qualifies as a 
capital/finance lease, the entire cost of the lease will be amortized 
over the life of the lease and only the first 3 years of the amortized 
cost can be funded.
    (c) To fund an acquisition, provided that:
    (1) The acquisition is necessary for furnishing or improving service 
at the broadband lending speed;
    (2) The acquired service area, if any, meets the eligibility 
requirements set forth in Sec.  1738.53;
    (3) The acquisition cost does not exceed 50 percent of the broadband 
assistance; and
    (4) For the acquisition of another entity, the purchase provides the 
Applicant with a controlling majority interest in the entity acquired.
    (d) To refinance an outstanding obligation of the Applicant on 
another telecommunications loan made under the RE Act or on a non-RUS 
loan if that loan would have been for an eligible purpose under the 
Rural Broadband Program provided that:
    (1) No more than 50 percent of the broadband assistance amount is 
used to refinance a non-RUS loan;
    (2) The Applicant is current with its payments on the RUS 
telecommunications loan(s) to be refinanced; and
    (3) The amortization period for that portion of the broadband loan 
that will be needed for refinancing will not exceed the remaining 
amortization period for the loan(s) to be refinanced. If multiple notes 
are being refinanced, an average remaining amortization period will be 
calculated based on the weighted dollar average of the notes being 
refinanced.
    (e) To fund development costs in an amount not to exceed 5 percent 
of the total Award amount excluding amounts requested to refinance 
outstanding telecommunications loans. Development costs may be 
reimbursed only if they are incurred prior to the date on which 
notification of a complete application is issued (see Sec.  1738.203) 
and a loan contract is entered into with RUS. Entities that meet the 
requirements in Sec.  1738.101(d) may request this funding be provided 
as a grant. Otherwise, the funding will be provided in the form of a 
loan.



Sec.  1738.57  Ineligible assistance purposes.

    Assistance under this part must not be used for any of the following 
purposes:

[[Page 316]]

    (a) To fund operating expenses of the Applicant except for eligible 
development costs under Sec.  1738.56(e).
    (b) To fund any costs associated with the project incurred prior to 
the date on which notification of a complete application is issued (see 
Sec.  1738.203), except for eligible development costs under Sec.  
1738.56(e).
    (c) To fund the acquisition of the stock of an affiliate.
    (d) To fund the purchase or acquisition of any facilities or 
equipment of an affiliate.
    (e) To fund the purchase of CPE and the installation of associated 
inside wiring, unless the CPE will be owned by the Applicant throughout 
its economic life.
    (f) To fund the purchase or lease of any vehicle unless it is used 
primarily in construction or system improvements.
    (g) To fund the cost of systems or facilities that have not been 
designed and constructed in accordance with the Award contract and other 
applicable requirements.
    (h) To fund broadband facilities leased under the terms of an 
operating lease, a short-term lease, or more than 3 years of a capital/
finance lease.
    (i) To fund merger or consolidation of entities.
    (j) To fund non-capitalized labor in accordance with 2 CFR part 200 
except for eligible development costs under Sec.  1738.56(e).
    (k) To provide grant funding, a subsidized loan or payment 
assistance to cover the costs to refinance an outstanding loan.



Sec. Sec.  1738.58-1738.100  [Reserved]



                      Subpart C_Award Requirements



Sec.  1738.101  Grant assistance.

    (a) To be eligible for grant funding, the Applicant must:
    (1) Submit an application for an associated loan component under 
Title I, Title II, or Title VI of the RE Act; and
    (2) Not be the recipient of any other broadband grant from RUS with 
unadvanced grant funds.
    (b) The amount of grant funding on any project shall not exceed:
    (1) 75 percent of the total project cost when the proposed funded 
service area has a density of fewer than 7 people per square mile;
    (2) 50 percent of the total project cost when the proposed funded 
service area has a density of 7 or more and fewer than 12 people per 
square mile; and
    (3) 25 percent of the total project cost with respect to an area 
with a density of 12 or more and 20 or fewer people per square mile.
    (c) Subsequent density determinations, as well as density 
requirements for projects on tribal lands will be set by notice in the 
Federal Register.
    (d) The Agency may provide additional grant funding of up to 75 
percent of the development costs of projects requesting funding under 
Title VI that serve rural areas that:
    (1) Lack access to broadband service with speeds of at least 10 Mbps 
downstream and 1 Mbps upstream; and
    (2) Meet any one of the priorities set forth in Sec.  
1738.105(a)(3)(i).



Sec.  1738.102  Payment assistance for loans.

    (a) Grant funding may also be used to provide assistance to Title VI 
Awardees in the form of subsidized loans at such rates as the Agency 
will issue from time to time by notice in the Federal Register, or in 
the form of a payment assistance loan, which shall require no interest 
and principal payments or require nominal periodic payments as 
determined by the Agency and published in the Federal Register.
    (b) Subsidized loans shall only be available to projects which will 
serve rural areas lacking access to service with speeds of at least 10 
Mbps downstream and 1 Mbps upstream and meets any one of the priorities 
set forth in Sec.  1738.105(a)(3)(i).
    (c) The Agency may determine, at its sole discretion, to provide a 
payment assistance loan which shall require no interest and principal 
payments or such nominal payments as the Secretary determines to be 
appropriate. Such loans will only be provided to projects which will 
serve rural areas lacking access to service of speeds of 10 Mbps 
downstream and 1 Mbps upstream and meets any two of the priorities set

[[Page 317]]

forth in Sec.  1738.105(a)(3)(i). When considering the authority to 
provide a payment assistance loan, the Agency will consider how such 
assistance will:
    (1) Improve the Applicant's compliance with the commitments of the 
Agency's standard Award agreement, in addition to any additional 
requirements imposed by the Agency specific to the project;
    (2) Promote the completion of the broadband project;
    (3) Protect taxpayer resources; and
    (4) Support the integrity of the Agency's broadband programs.
    (d) The Agency and recipients of payment assistance loans must agree 
to specific milestones and objectives for the project which must be met, 
in addition to the other requirements of this part. Such terms may be 
amended by mutual agreement for good cause. Failure to meet the agreed 
upon terms, upon the Agency's determination that such failure was a 
direct result of the Awardee's own actions, may result in the Agency's 
request to the return of all, or any portion, of the grant funds used 
for the payment assistance loan.
    (e) Additionally, Applicants with an associated loan under Title I 
and Title II of the RE Act and which are seeking any grant assistance 
under this part, are not eligible for a subsidized loan or payment 
assistance loans.



Sec.  1738.103  Substantially Underserved Trust Areas (SUTA).

    Applicants seeking assistance may request consideration under the 
SUTA provisions in 7 U.S.C. 936f.
    (a) If the Administrator determines that a community within ``trust 
land'' (as defined in 38 U.S.C. 3765) has a high need for the benefits 
of the Rural Broadband Program, he/she may designate the community as a 
``substantially underserved trust area'' (as defined in section 306F of 
the RE Act).
    (b) To receive consideration under SUTA, the Applicant must submit 
to the Agency a completed application that includes all of the 
information requested in 7 CFR part 1700, subpart D. In addition, the 
Applicant must notify the Agency in writing that it seeks consideration 
under SUTA and identify the discretionary authorities of 7 CFR part 
1700, subpart D, it seeks to have applied to its application. Note, 
however, that the two years of historical audited financial statements 
and Net worth requirement for loan and loan/grant combination Applicants 
in Sec.  1738.206(b)(2)(i) cannot be waived.



Sec.  1738.104  Technical assistance.

    Projects which will serve communities that meet, at least, three of 
the priorities as identified in Sec.  1738.105(a)(3)(i) may request 
technical assistance and training from the Agency to:
    (a) Prepare reports and surveys necessary to request grants, loans, 
and loan guarantees for broadband deployment;
    (b) Improve management, including financial management, relating to 
the proposed broadband deployment;
    (c) Prepare applications for grants, loans, and loan guarantees; and
    (d) Assist with other areas of need as identified by the Agency 
through a notice in the Federal Register.



Sec.  1738.105  Priorities for approving assistance.

    (a) The Agency will compare and evaluate all applications for 
assistance and shall give priority to applications in the manner set out 
in paragraphs (a)(1) through (4) of this section, which shall be scored 
as outlined in a notice published in the Federal Register. (Note that 
for applications containing multiple proposed funded service areas, the 
percentage will be calculated combining all proposed funded service 
areas.)
    (1) Applicant's providing broadband service to rural areas that do 
not have access to service of at least 10 Mbps upstream and 1 Mbps 
downstream.
    (2) Projects that provide the maximum level of broadband service to 
the greatest proportion of rural households.
    (3) Projects that:
    (i) Serve rural areas:
    (A) With a population of less than 10,000 permanent residents;
    (B) Are experiencing outmigration and have adopted a strategic 
community investment plan under section 379H(d) of the Consolidated Farm 
and Rural Development Act (7 U.S.C. 2008v)

[[Page 318]]

that includes considerations for improving and expanding broadband 
service;
    (C) With a high percentage of low-income families or persons (as 
defined in section 501(b) of the Housing Act of 1949 (42 U.S.C. 
1471(b)));
    (D) That are isolated from other significant population centers; or
    (E) That provide rapid and expanded deployment of fixed and mobile 
broadband on cropland and ranchland within a service territory for use 
in various applications of precision agriculture; and
    (ii) Were developed with the participation of, and will receive a 
substantial portion of the funding for the project from two or more 
stakeholders, including:
    (A) State, local, and tribal governments;
    (B) Nonprofit institutions; and
    (C) Community anchor institutions, such public libraries, schools, 
institutions of higher education, health care facilities, private 
entities, philanthropic organizations and cooperatives.
    (4) New construction projects requesting no refinancing.
    (b) The Agency may assign special consideration priority points that 
will be issued in a notice in the Federal Register with respect to any 
funding opportunity.
    (c) With respect to two or more applications that have the same 
priority, as outlined in paragraphs (a) and (b) of this section, the 
Agency shall give priority to the application that requests the least 
amount of grant funding as calculated based on the total amount of grant 
funds requested.



Sec.  1738.106  Public notice.

    (a) The Agency will publish a public notice of each application 
requesting assistance under this part. The application must provide a 
summary of the information required for such public notice including all 
of the following information:
    (1) The identity of the Applicant;
    (2) A map of each proposed funded service area showing the rural 
area boundaries and the areas without broadband service using the 
Agency's mapping tool;
    (3) The amount and type of support requested;
    (4) The estimated number of households in each proposed funded 
service area without broadband service, excluding mobile and satellite 
service; and
    (5) A description of all the types of services that the Applicant 
proposes to offer in each proposed funded service area.
    (b) The public notice will remain available for 45 calendar days on 
the Agency's website, and will request existing service providers to 
submit to the Agency, within the same period, the following information:
    (1) The number of residential and business customers within the 
Applicant's proposed funded service area that are currently offered, and 
that are purchasing, broadband service by the existing service provider, 
and the cost of each level of broadband service charged by the existing 
service provider;
    (2) The number of residential and business customers within the 
Applicant's proposed funded service area that receive non-broadband 
services from the existing service provider, and the associated rates 
for these other services; and
    (3) A map showing where the existing service provider's services 
coincide with the Applicant's proposed funded service area using the 
Agency's mapping tool.
    (c) For purposes of 5 U.S.C. 552, information received from existing 
service providers under paragraph (b) of this section shall be exempt 
from disclosure.
    (d) If an application is approved, an additional notice will be 
published on the Agency's website that will include the following 
information:
    (1) The name of the entity receiving the financial assistance;
    (2) The amount and type of assistance being received;
    (3) The purpose of the assistance; and
    (4) Each annual report submitted under Sec.  1738.107, redacted as 
appropriate to protect any proprietary information in the report.

[[Page 319]]



Sec.  1738.107  Additional reporting requirements for Awardees.

    (a) Entities receiving assistance from the USDA to provide retail 
broadband service must submit annual reports for 3 years after project 
completion. The reports must include the following information:
    (1) The purpose of the financing, including new equipment and 
capacity enhancements that support high-speed broadband access for 
educational institutions, health care providers, and public safety 
service providers (including the estimated number of end users who are 
currently using or forecasted to use the new or upgraded 
infrastructure); and
    (2) The progress towards fulfilling the objectives for which the 
assistance was granted, including:
    (i) The number of service points that will receive new broadband 
service, existing network service improvements, and facility upgrades 
resulting from the Federal assistance;
    (ii) The speed of broadband services;
    (iii) The average price of the most subscribed tier of broadband 
service in each proposed service area; and
    (iv) The number of new subscribers generated from the project.
    (b) Awardees must provide complete, reliable, and precise 
geolocation information that indicates the location of new broadband 
service that is being provided or upgraded within the service territory 
supported by the assistance no later than 30 days after the earlier of 
the date of:
    (1) Completion of the project milestone established in the 
applicable assistance contract; or
    (2) Project completion.
    (c) Any other reporting requirements established by the 
Administrator by notice in the Federal Register before an application is 
submitted.



Sec.  1738.108  Environmental reviews.

    (a) Federal agencies are required to analyze the potential 
environmental impacts, as required by the National Environmental Policy 
Act (NEPA) and the National Historic Preservation Act (NHPA) for 
Applicant projects or proposals seeking funding. Please refer to 7 CFR 
part 1970 for all of Rural Development's environmental policies. All 
Applicants are required to provide environmental review documents, 
provide a description of program activities, and to submit all other 
required environmental documentation as requested in the application 
system or by the Agency after the application is submitted. It is the 
Applicant's responsibility to obtain all necessary Federal, tribal, 
State, and local governmental permits and approvals necessary for the 
proposed work to be conducted. Applicants are expected to design their 
projects so that they minimize the potential for adverse impacts to the 
environment. Applicants also will be required to cooperate with the 
granting agencies in identifying feasible measures to reduce or avoid 
any identified adverse environmental impacts of their proposed projects. 
The failure to do so may be grounds for not making an Award.
    (b) The Agency may obligate, but not disperse, funds under Title VI 
of the Rural Electrification Act of 1936, before the completion of the 
otherwise required environmental historical, or other types of reviews 
if the Secretary determines that subsequent site-specific review shall 
be adequate and easily accomplished for the location of towers, poles, 
or other broadband facilities in the service area of the awardee without 
compromising the project or the required reviews.



Sec.  1738.109  Civil rights procedures and requirements.

    (a) Equal opportunity and nondiscrimination. The agency will ensure 
that equal opportunity and nondiscriminatory requirements are met in 
accordance with the Equal Credit Opportunity Act and 7 CFR part 15. In 
accordance with Federal civil rights law and 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

[[Page 320]]

rights activity, in any program or activity conducted or funded by USDA 
(not all bases apply to all programs).
    (b) Civil rights compliance. Recipients of Federal assistance under 
this part must comply with the Americans with Disabilities Act of 1990, 
Title VI of the Civil Rights Act of 1964, and Section 504 of the 
Rehabilitation Act of 1973. In general, recipients should have available 
for the Agency racial and ethnic data showing the extent to which 
members of minority groups are beneficiaries of federally assisted 
programs. The Agency will conduct compliance reviews in accordance with 
7 CFR part 15. Awardees will be required to complete Form RD 400-4, 
``Assurance Agreement,'' for each Federal Award received.
    (c) Discrimination complaints. Persons believing they have been 
subjected to discrimination prohibited by this section may file a 
complaint personally or by an authorized representative with USDA, 
Director, Office of Adjudication, 1400 Independence Avenue SW, 
Washington, DC 20250. A complaint must be filed no later than 180 days 
from the date of the alleged discrimination, unless the time for filing 
is extended by the designated officials of USDA or the Agency.



Sec. Sec.  1738.110-1738.150  [Reserved]



          Subpart D_Loan and Loan/Grant Combination Award Terms



Sec.  1738.151  General.

    Direct loans shall be in the form of a cost-of-money loan except as 
detailed in Sec.  1738.152.



Sec.  1738.152  Interest rates.

    (a) Direct cost-of-money loans shall bear interest at a rate equal 
to the cost of borrowing to the Department of Treasury for obligations 
of comparable maturity unless the project qualifies for a reduced 
interest rate as detailed in Sec.  1738.102. The applicable interest 
rate will be set at the time of each advance.
    (b) The interest rate for Applicants receiving payment assistance or 
Substantially Underserved Trust Areas (SUTA) consideration will be set 
at the time of the Award.



Sec.  1738.153  Terms and conditions.

    Terms and conditions of the loan and loan/grant combinations are set 
forth in a mortgage, note, and loan contract. Samples of the mortgage, 
note, and loan contract can be found on the Agency's website.
    (a) Unless requested to be shorter by the Applicant, loans must be 
repaid with interest within a period that, rounded to the nearest whole 
year, is equal to the expected composite economic life of the assets to 
be financed, as determined by the Agency based upon acceptable 
depreciation rates. Expected composite economic life means the weighted 
average economic life of all classes of facilities necessary to complete 
construction of the broadband facilities plus 3 years.
    (b) Principal payments for each advance are amortized over the 
remaining term of the loan and are due monthly. Principal payments will 
be deferred until 3 years after the date of the first advance of loan 
funds. Interest begins accruing when the first advance of loan funding 
is made and interest payments are due monthly, with no deferral period.
    (c) Awardees are required to carry fidelity bond coverage. 
Generally, this amount will be 15 percent of the loan or loan/grant 
combination Award amount, not to exceed $5 million. The Agency may 
reduce the percentage required if it determines that the amount is not 
commensurate with the risk involved.



Sec.  1738.154  Security.

    (a) The broadband loan or loan/grant combination must be secured by 
the assets purchased with the loan or loan/grant combination funds, as 
well as all other assets of the Applicant and any other cosigner of the 
Award documents except as allowed under section 601(h)(2) of the RE Act. 
With respect to loan/grant combinations, all grant assets must also be 
covered by a security interest in favor of the Government for the 
average composite economic life of all project assets financed with 
assistance, regardless of whether the loan is paid off before the 
maturity date. Additionally, the sale of all such grant assets shall be 
governed by 2 CFR part

[[Page 321]]

200, regardless of the entity type of the Awardee.
    (b) The Agency must be given an exclusive first lien, in form and 
substance satisfactory to the Agency, on all of the Applicant's property 
and revenues and such additional security as the Agency may require. The 
Agency may share its first lien position with another lender on a pari 
passu, prorated basis if security arrangements are acceptable to the 
Agency.
    (c) Unless otherwise designated by the Agency, all property 
purchased with loan and loan/grant combination funds must be owned by 
the Applicant.
    (d) In the case of loan and loan/grant combinations that include 
financing of facilities that do not constitute self-contained operating 
systems, the Applicant shall furnish assurance, satisfactory to the 
Agency, that continuous and efficient service that meets the broadband 
build-out requirements as noted in Sec.  1738.55 will be rendered.
    (e) The Agency will require adequate financial, investment, 
operational, reporting, and managerial controls in the Award documents.



Sec.  1738.155  Advance of funds.

    RUS loan and grant advances are made at the request of the Awardee 
according to the procedures stipulated in the Award documents. For loan 
and loan/grant combination Awards, all non-RUS funds must be expended 
first, followed by loan funds and then grant funds, except for RUS 
approved development costs. Grant funds for eligible development costs, 
if any, will be used only on the first advance request.



Sec.  1738.156  Buy American requirement.

    Awardees shall use in connection with the expenditure of loan and 
grant funds only such unmanufactured articles, materials, and supplies, 
as have been mined or produced in the United States or in any eligible 
country, and only such manufactured articles, materials, and supplies as 
have been manufactured in the United States or in any eligible country, 
substantially all from articles, materials, or supplies mined, produced, 
or manufactured, as the case may be, in the United States or in any 
eligible country. For purposes of this section, an ``eligible country'' 
is any country that applies with respect to the United States an 
agreement ensuring reciprocal access for United States products and 
services and United States suppliers to the markets of that country, as 
determined by the United States Trade Representative. The Buy American 
regulations may be found at, and any requests for waiver must be 
submitted pursuant to, 7 CFR part 1787.



Sec. Sec.  1738.157-1739.200  [Reserved]



    Subpart E_Loan and Loan/Grant Combination Application Review and 
                              Underwriting



Sec.  1738.201  Application submission.

    (a) Loan and loan/grant combination applications must be submitted 
through the Agency's online application system.
    (b) The Agency may publish additional application submission 
requirements in the Federal Register.



Sec.  1738.202  Elements of a complete application.

    (a) Online application system. Loan and loan/grant combination 
applications must be submitted through RUS' online application system 
and include all information as required by that system and detailed in 
the Rural Broadband Program Application Guide (the Application Guide), 
available on the Agency's website, so that applications can be uniformly 
evaluated and compared.
    (b) DUNS registration. All Applicants must register for a Dun and 
Bradstreet Universal Numbering System (DUNS) number as part of the 
application. The Applicant can obtain the DUNS number free of charge by 
calling Dun and Bradstreet. Go to http://fedgov.dnb.com/webform for more 
information on assignment of a DUNS number or confirmation.
    (c) SAM registration. Prior to submitting an application, all 
Applicants requesting loan/grant combination funds must register in the 
System for Award Management (SAM) at https://www.sam.gov/SAM/ and supply 
a Commercial and Government Entity (CAGE) code number as part of the 
application. SAM registration must be active with current data at all 
times,

[[Page 322]]

from the application review throughout the active Federal Award funding 
period. To maintain active SAM registration, the Applicant must review 
and update the information in the SAM database annually from the date of 
initial registration or from the date of the last update. The Applicant 
must ensure that the information in the database is current, accurate, 
and complete.
    (d) Contents of the application. A complete application will include 
the following information as requested in the RUS online application 
system and Application Guide:
    (1) General information on the Applicant and the project including:
    (i) A description of the project that will be made public consistent 
with the requirements in this part; and
    (ii) The estimated dollar amount of the funding request.
    (2) An executive summary of the proposed project. The summary shall 
include, but not be limited to, a detailed description of the existing 
operations, discussion of key management, description of the workforce 
and a detailed description of the proposed project.
    (3) A description of the proposed funded service area including the 
number of premises passed.
    (4) Subscriber projections including the number of subscribers for 
broadband, video and voice services and any other service that may be 
offered. A description of the proposed service offerings and the 
associated pricing plan that the Applicant proposes to offer, and an 
explanation showing that the proposed service offerings are affordable.
    (5) A map, utilizing the RUS mapping tool, of the proposed funded 
service areas identifying the areas lacking access to broadband service 
and the areas lacking access to service of speeds of at least 10 Mbps 
downstream and 1 Mbps upstream and any non-funded service areas of the 
Applicant
    (6) A competitive analysis of the entire proposed service 
territory(ies) as required by Sec.  1738.205.
    (7) A network design which includes a description of the proposed 
technology used to deliver service at the required broadband lending 
speed (see Sec.  1738.55) to all premises in the proposed funded service 
area, a network diagram, a build-out timeline and milestones for 
implementation of the project, and a capital investment schedule showing 
that the system can be built within 5 years from the date funds are made 
available to the Awardee. All of which must be certified by a 
professional engineer who is certified in at least one of the states 
where the project is to be constructed. The certification from the 
professional engineer must clearly state that the proposed network can 
deliver service at the required broadband lending speed (see Sec.  
1738.55) to all premises in the proposed funded service area.
    (8) All environmental information as required by Sec.  1738.108.
    (9) Resumes of key management personnel, a description of the 
organization's readiness to manage a broadband services network, and an 
organizational chart showing all parent organizations and/or holding 
companies (including parents of parents, etc.) and all subsidiaries and 
affiliates.
    (10) A legal opinion that addresses the Applicant's ability to enter 
into loan or loan/grant combination as requested in the application for 
financial assistance, to pledge security as required by the Agency, to 
describe all pending litigation matters, and such other requirements as 
are detailed in the Application Guide.
    (11) A summary and itemized budgets of the infrastructure costs of 
the proposed project, including if applicable, the ratio of loans to 
grants, and any other sources of outside funding.
    (12) A detailed description of working capital requirements and the 
sources of those funds.
    (13) Complete copies of audited financial statements for the two 
years preceding the application submission as detailed in Sec.  
1738.206.
    (14) The historical and projected financial information required in 
Sec.  1738.206.
    (15) Documentation proving that all required licenses and regulatory 
approvals for the proposed operation have been obtained, or the status 
of obtaining such licenses or approvals.
    (16) If service is being proposed on tribal land, a certification 
from the proper tribal official that they are in

[[Page 323]]

support of the project and will allow construction to take place on 
tribal land. The certification must:
    (i) Include a description of the land proposed for use as part of 
the proposed project;
    (ii) Identify whether the land is owned, held in Trust, land held in 
fee simple by the Tribe, or land under a long-term lease by the Tribe;
    (iii) If owned, identify the land owner; and
    (iv) Provide a commitment in writing from the land owner authorizing 
the Applicant's use of that land for the proposed project.
    (17) Scoring sheet, analyzing the scoring criteria set forth in this 
part and most recent funding opportunity announcement.
    (18) Additional items that may be required by the Administrator 
through a notice in the Federal Register.
    (e) Material representations. The application, including 
certifications and all forms submitted as part of the application, will 
be treated as material representations upon which RUS will rely in 
awarding loans and loan/grant combinations.



Sec.  1738.203  Notification of completeness.

    If all proposed funded service areas in a loan or loan/grant 
combination application are eligible, the Agency will review the 
application for completeness. The completeness review will include an 
assessment of whether all required documents and information have been 
submitted and whether the information provided is of adequate quality to 
allow further analysis.
    (a) If the application contains all documents and information 
required by this part and is sufficient, in form and substance 
acceptable to the Agency, the Agency will notify the Applicant, in 
writing, that the application is complete. A notification of 
completeness is not a commitment that assistance will be approved. By 
submitting an application, the Applicant acknowledges that no obligation 
to enter into an agreement exists until the actual Award documents have 
been executed.
    (b) If the application is considered to be incomplete or inadequate, 
the Agency will notify the Applicant, in writing, with detailed 
information regarding the reasons the applications was found to be 
incomplete or inadequate.



Sec.  1738.204  Evaluation for feasibility.

    After a loan or loan/grant combination Applicant is notified that 
the application is complete, the Agency will evaluate the application's 
financial and technical feasibility. Only applications that, as 
determined by the Agency, are technically and financially feasible will 
be considered for funding.
    (a) The Agency will determine financial feasibility by evaluating 
the impact of the facilities financed with the proceeds of the loan and 
the associated debt, the Applicant's equity, competitive analysis, 
financial information--including the Applicant's ability to meet the 
Agency's Net worth and TIER, DSCR, or CR requirements in Sec.  
1738.206(b)(2)(i)--and other relevant information in the application.
    (b) The Agency will determine technical feasibility by evaluating 
the Applicant's network design and other relevant information in the 
application.



Sec.  1738.205  Competitive analysis.

    The Applicant must submit a competitive market analysis for each 
service area regardless of projected penetration rates. Each analysis 
must identify all existing service providers and all resellers in each 
service area regardless of the provider's market share, for each type of 
service the Applicant proposes to provide. The analysis must compare the 
rates, services, and the quality of that service being offered by 
competitors against those that will be offered by the Applicant. The 
analysis must also discuss strategies the Applicant will use to compete, 
as well as the impacts of the competitors on the projected penetration 
rates for the project.



Sec.  1738.206  Financial information.

    (a) The Applicant must submit financial information acceptable to 
the Agency that demonstrates that the Applicant has the financial 
capacity to fulfill the loan or loan/grant combination requirements in 
this part and to successfully complete the proposed project.

[[Page 324]]

    (1) Applicants must provide complete copies of audited financial 
statements (opinion letter, balance sheet, income statement, statement 
of changes in financial position, and notes to the financial statement) 
for the two years preceding the application submission. For governmental 
entities financial statements must be accompanied with certifications 
identifying unrestricted cash that will be available on a yearly basis 
to the Applicant. Subsidiary operations formed from existing utility 
providers may provide audited financial statements for the two previous 
years from the parent company, as long as the parent will be a cosigner 
of the loan or loan/grant documents, pledging its assets in accordance 
with Sec.  1738.154(a), or will guarantee the debt.
    (2) If the Applicant relies on services provided by a parent or 
affiliated operation, it must also provide complete copies of audited 
financial statements for those entities for the fiscal year preceding 
the application submission. If audited statements are not available, 
unaudited statements and tax returns for the previous year must be 
submitted.
    (3) Applicants must provide detailed information for all outstanding 
obligations. Copies of existing notes, loan agreements, security 
agreement, or other legal documents covering loans, grants, leases, or 
other loan guarantees must be included in the application.
    (4) Applicants must provide a detailed description of working 
capital requirements and the source of these funds, if internally 
generated funds are insufficient.
    (b) Applicants must submit the following documents that demonstrate 
the proposed project's financial viability and ability to repay the 
requested loan.
    (1) Customer projections for the 5-year forecast period that 
substantiate the projected revenues for each service that is to be 
provided. The projections must be provided on at least an annual basis 
and must be developed separately for each service area and must be 
clearly supported by evidence such as market surveys or current company 
take rates.
    (2) Pro forma financial forecast, including a balance sheet, income 
statement, and statement of cash flows. For non-regulated entities, the 
pro forma should be prepared in conformity with U.S. GAAP and the 
Agency's guidance on grant accounting found at https://www.rd.usda.gov/
files/AccountingGuidance10.pdf. Regulated telecommunications providers 
may follow the USOA and RUS accounting standards for their pro forma, 
including accounting for grant-funded assets as a contribution, in 
accordance with 47 CFR 32.2, if the project assets will be treated as 
regulated plant. The pro forma should validate the sustainability of the 
project by including subscriber estimates related to all proposed 
service offerings; annual financial projections with balance sheets, 
income statements, and cash flow statements; supporting assumptions for 
a 5-year forecast period and a depreciation schedule for existing 
facilities and those funded with Federal assistance, and other funds. 
This pro forma should indicate the committed sources of capital funding 
and include a bridge year prior to the start of the forecast period. 
This bridge year is the year in which the application is submitted and 
serves as a buffer between the historical financial information and the 
forecast period. Including the bridge year, the pro forma statements 
span a 6-year period.
    (i) The financial projections submitted by Applicants must 
demonstrate that their entire operation will be able to meet two of the 
following three ratio requirements: A minimum TIER, CR, or DSCR equal to 
1.25 by the end of the 5-year forecast period. Additionally, the 
projections must demonstrate the Applicant's ability to maintain a Net 
worth of at least 20 percent throughout the forecast period. 
Demonstrating that the operation can achieve a projected Net worth of 20 
percent and TIER, CR, or DSCR of 1.25 does not ensure that the Agency 
will approve the loan or loan/grant combination.
    (ii) If the financial analysis suggests that the operation will not 
be able to achieve the Net worth requirement or two of the required 
TIER, CR, or DSCR in paragraph (b)(2)(i) of this section, the Agency 
will not approve the loan

[[Page 325]]

or loan/grant combination Award without additional capital, additional 
cash, additional security, and/or a change in the Award terms.
    (c) Based on the financial evaluation, the Award documents will 
specify the Net worth and TIER, CR, or DSCR requirements in paragraph 
(b)(2)(i) of this section that must be met throughout the amortization 
period.



Sec.  1738.207  Network design.

    (a) Applications for loan or loan/grant combinations must include a 
network design that demonstrates the project's technical feasibility. 
The network design must fully support the delivery of service to meet 
the broadband build-out requirements specified in Sec.  1738.55, 
together with any other services to be provided. In measuring speed, the 
Agency will take into account industry and regulatory standards. The 
design must demonstrate that the project will be complete within the 5-
year forecast period and must include the following items:
    (1) A detailed description of the proposed technology that will be 
used to provide service at the broadband lending speed. This description 
must clearly demonstrate that all premises in the proposed funded 
service area will be able to receive service at the broadband lending 
speed;
    (2) A detailed description of the existing network. This description 
should provide a synopsis of the current network infrastructure;
    (3) A detailed description of the proposed network. This description 
should provide a synopsis of the proposed network infrastructure;
    (4) A description of the approach and methodology for monitoring 
ongoing service delivery and service quality for the services being 
deployed;
    (5) Estimated project costs detailing all facilities that are 
required to complete the project. These estimated costs must be broken 
down to indicate costs associated with each proposed service area and 
must specify how Agency and non-Agency funds will be used to complete 
the project;
    (6) A construction build-out schedule of the proposed facilities by 
service area on an annual basis. The build-out schedule must include:
    (i) A description of the workforce that will be required to complete 
the proposed construction;
    (ii) A timeline demonstrating project completion within the forecast 
period; and
    (iii) Detailed information showing that all premises within the 
proposed funded service area will be offered service at the broadband 
lending speed when the system is complete;
    (7) A depreciation schedule for all facilities financed with loan 
and loan/grant combination funds;
    (8) An environmental report prepared in accordance with 7 CFR part 
1970; and
    (9) Any other system requirements required by the Administrator 
through a notice published in the Federal Register.
    (b) The network design must be prepared by a registered Professional 
Engineer with telecommunications experience who is certified in at least 
one of the states where a project is to be constructed or by qualified 
personnel on the Applicant's staff. If the network design is prepared by 
the Applicant's staff, the application must clearly demonstrate the 
staff's qualifications, experience, and ability to complete the network 
design. To be considered qualified, staff must have at least 3 years of 
experience in designing the type of broadband system proposed in the 
application.



Sec.  1738.208  Award determinations.

    (a) If the loan or loan/grant combination application meets all 
statutory and regulatory requirements and the feasibility study 
demonstrates that the Net worth and TIER, CR, or DSCR requirements in 
Sec.  1738.206(b)(2)(i) can be satisfied and the business plan is 
sustainable, the application will be submitted to the Agency's credit 
committees for consideration according to the priorities in Sec.  
1738.105. Such submission of an application to the Agency's credit 
committees does not guarantee that a loan or loan/grant combination will 
be approved. In making a loan and/or loan/grant combination Award 
determination, the Administrator shall consider the recommendations of 
the credit committees.
    (b) The Applicant will be notified of the Agency's decision in 
writing. If the

[[Page 326]]

Agency does not approve the loan or loan/grant combination, a rejection 
letter will be sent to the Applicant, and the application will be 
returned with an explanation of the reasons for the rejection.



Sec. Sec.  1738.209-1738.250  [Reserved]



  Subpart F_Closing, Servicing, and Reporting for Loan and Loan/Grant 
                           Combination Awards



Sec.  1738.251  Offer and closing.

    The Agency will notify the Applicant of the loan or loan/grant 
combination offer in writing, and the date by which the Applicant must 
accept the offer. If the Applicant accepts the terms of the offer, a 
loan or loan/grant combination contract, note, security agreement, and 
any other necessary documents will be executed by the Agency and sent to 
the Applicant. The Applicant must execute the Award documents and 
satisfy all conditions precedent to closing within the timeframe 
specified by the Agency. If the conditions are not met within this 
timeframe, the loan or loan/grant combination offer may be terminated, 
unless the Applicant requests and the Agency approves, an extension. The 
Agency may approve such a request if the Applicant has diligently sought 
to meet the conditions required for closing and has been unable to do so 
for reasons outside its control.



Sec.  1738.252  Construction.

    (a) Construction paid for with loan or loan/grant combination funds 
must comply with 7 CFR parts 1787, 1788, and 1970, the RUS Broadband 
Construction Procedures located at https://reconnect.usda.gov, and any 
other guidance from the Agency.
    (b) Once the Agency has extended a loan or loan/grant combination 
offer, the Applicant, at its own risk, may start construction that is 
included in the application on an interim financing basis. For this 
construction to be eligible for reimbursement with loan or loan/grant 
combination funds, all construction procedures contained in this part 
must be followed. Note, however, that the Agency's extension of a loan 
or loan/grant combination offer is not a guarantee that a loan or loan/
grant combination will be made, unless and until a contract has been 
entered into between the Applicant and RUS.
    (c) All Awardees must complete build-out within 5 years from the 
date that funds have been made available. Build-out is considered 
complete when the network design has been fully implemented, the service 
operations and management systems infrastructure is operational, and the 
awardee is ready to support the activation and commissioning of 
individual customers to the new system.



Sec.  1738.253  Servicing of loan and loan/grant combinations.

    (a) Borrowers must make payments on the broadband loan as required 
in the note.
    (b) Awardees must comply with all terms, conditions, affirmative 
covenants, and negative covenants contained in the Award documents.
    (c) In the event of default of any required payment or other term or 
condition:
    (1) The Agency may exercise the default remedies provided in the 
Award documents and any remedy permitted by law but is not required to 
do so.
    (2) If the Agency chooses not to exercise its default remedies, it 
does not waive its right to do so in the future.



Sec.  1738.254  Accounting, reporting, and monitoring requirements.

    (a) Awardees must adopt a system of accounts for maintaining 
financial records acceptable to the Agency, as described in 7 CFR part 
1770, subpart B.
    (b) Awardees will be required to prepare audits as follows:
    (1) If the awardee is a for-profit entity, an electric or 
telecommunications cooperative, or any other entity not covered by the 
definition of ``non-Federal entity'' in 2 CFR 200.1, the awardee shall 
provide an independent audit report in accordance with 7 CFR part 1773 
and the award agreement. The certified public accountant (CPA) 
conducting the annual audit is selected by the awardee and must be 
approved by RUS as set forth in 7 CFR 1773.5.
    (2) If the awardee is a non-Federal entity, as defined in 2 CFR 
200.1, the

[[Page 327]]

awardee shall provide an audit in accordance with subpart F of 2 CFR 
part 200.
    (c) Loan and loan/grant combination Awardees must submit to RUS 30 
calendar days after the end of each calendar year quarter, balance 
sheets, income statements, statements of cash flow, rate package 
summaries, and the number of customers subscribing to broadband service 
from the Awardee utilizing RUS' online reporting system. These reports 
must be submitted throughout the loan amortization period.
    (d) Loan and loan/grant combination Awardees must submit annually 
updated service area maps through the RUS mapping tool showing the areas 
where construction has been completed and premises are receiving service 
until the entire proposed funded service area can receive service at the 
broadband lending speed. At the end of the project, Awardees must submit 
a service area map indicating that all construction has been completed 
as proposed in the application. If parts of the proposed funded service 
area have not been constructed, RUS may require a portion of the Award 
to be rescinded and/or paid back.
    (e) Loan and loan/grant combination Awardees must comply with all 
reasonable Agency requests to support ongoing monitoring efforts. The 
Awardee shall afford RUS, through its representatives, reasonable 
opportunity, at all times during business hours and upon prior notice, 
to have access to and the right to inspect the broadband system, and any 
other property encumbered by the mortgage or security agreement, and any 
or all books, records, accounts, invoices, contracts, leases, payrolls, 
timesheets, cancelled checks, statements, and other documents, 
electronic or paper of every kind belonging to or in the possession of 
the Awardee or in any way pertaining to its property or business, 
including its subsidiaries, if any, and to make copies or extracts 
therefore.
    (f) Awardee records shall be retained and preserved in accordance 
with the provisions of 7 CFR part 1770, subpart A.

[85 FR 14398, Mar. 12, 2020, as amended at 88 FR 7561, Feb. 6, 2023]



Sec.  1738.255  Default and deobligation.

    If a default under the loan or loan/grant combination documents 
occurs and such default has not been cured within the timeframes 
established in the Award documents, the Applicant acknowledges that the 
Agency may, depending on the seriousness of the default, take any of the 
following actions:
    (a) To the greatest extent possible recover the maximum amount of 
grant and loan funds;
    (b) De-obligate all funds that have not been advanced or demonstrate 
an insufficient level of performance or fraudulent spending; and
    (c) Reallocate recovered funds to the extent possible.



Sec. Sec.  1738.256-1738.300  [Reserved]



                        Subpart G_Loan Guarantee



Sec.  1738.301  General.

    (a) To be eligible for a loan guarantee, the Applicant must submit 
an application that meets the requirements in this part along with the 
requirements as stated in 7 CFR part 4279, subparts A and B, as well as 
any additional requirements published in the Federal Register.
    (b) The Agency may approve Rural Broadband Program loan guarantees 
in excess of $10 million but less than $25 million when the project 
meets one of the priorities in Sec.  1738.105(a)(3)(i).
    (c) The lender will service the loan in accordance with 7 CFR part 
4287, subpart B.
    (d) Any reference to priorities in 7 CFR part 4279 or 4287 shall 
have the meaning as stated in Sec.  1738.105 and any reference to 
Administrator or Agency shall have the meaning as defined in Sec.  
1738.2.



Sec.  1738.302  Fees.

    The Agency shall charge and collect from the lender fees in such 
amounts as to bring down the costs of subsidies for guaranteed loans, 
except that such fees shall not act as a bar to participation in the 
programs nor be inconsistent with current practices in the marketplace.

[[Page 328]]



Sec. Sec.  1738.303-1738.349  [Reserved]



Sec.  1738.350  OMB control number.

    The information collection requirements in this part are approved by 
the Office of Management and Budget (OMB) and assigned OMB control 
number 0572-0154.



PART 1739_BROADBAND GRANT PROGRAM--Table of Contents



                Subpart A_Community Connect Grant Program

Sec.
1739.1 Purpose.
1739.2 Funding availability and application dates and submission.
1739.3 Definitions.
1739.4-1739.7 [Reserved]
1739.8 Buy American requirement.
1739.9 USDA Rural Development State Director notification.
1739.10 Eligible applicant.
1739.11 Eligible Community Connect Competitive Grant Project.
1739.12 Eligible grant purposes.
1739.13 Ineligible grant purposes
1739.14 Matching contributions.
1739.15 Completed application.
1739.16 Review of grant applications.
1739.17 Scoring of applications.
1739.18 Grant documents.
1739.19 Reporting and oversight requirements.
1739.20 Audit requirements.
1739.21 OMB control number.

Subpart B [Reserved]

    Authority: 7 U.S.C. 901 et seq.

    Source: 78 FR 25791, June 3, 2013, unless otherwise noted.



                Subpart A_Community Connect Grant Program



Sec.  1739.1  Purpose.

    (a) The provision of broadband service is vital to the economic 
development, education, health, and safety of rural Americans. The 
purpose of the Community Connect Grant Program is to provide financial 
assistance in the form of grants to eligible applicants that will 
provide, on a ``community-oriented connectivity'' basis, broadband 
service that fosters economic growth and delivers enhanced educational, 
health care, and public safety benefits. The Agency will give priority 
to rural areas that have the greatest need for broadband services, based 
on the criteria contained herein and in the RUS Community Connect 
Program application guide and/or the Community Connect Program website 
and in the funding opportunity announcement (FOA) posted on 
www.Grants.gov.
    (b) Grant authority will be used for the deployment of service to 
all premises in eligible rural areas at the Broadband Grant Speed on a 
``community-oriented connectivity'' basis. In addition to providing 
service to all premises the ``community-oriented connectivity'' concept 
will stimulate practical, everyday uses and applications of broadband by 
cultivating the deployment of new broadband services that improve 
economic development and provide enhanced educational and health care 
opportunities in rural areas. Such an approach will also give rural 
communities the opportunity to benefit from the advanced technologies 
that are necessary to achieve these goals.

[78 FR 25791, June 3, 2013, as amended at 83 FR 45033, Sept. 5, 2018]



Sec.  1739.2  Funding availability and application dates and submission.

    (a) The Agency will post a FOA on www.Grants.gov that will set forth 
the total amount of funding available; the maximum and minimum funding 
for each grant; funding priority; the application submission dates; and 
the appropriate addresses and agency contact information. The FOA will 
also outline and explain the procedures for submission of applications, 
including electronic submissions. The Agency may publish more than one 
FOA should additional funding become available. This information will 
also be made available in the RUS Community Connect Grant program 
application guide and on the RUS Community Connect Grant program 
website.
    (b) Notwithstanding paragraph (a) of this section, the Agency may, 
in response to a surplus of qualified eligible applications which could 
not be funded from the previous fiscal year, decline to post a FOA for 
the following fiscal

[[Page 329]]

year and fund said applications without further public notice.

[83 FR 45033, Sept. 5, 2018]



Sec.  1739.3  Definitions.

    As used in this subpart:
    Agency or RUS shall mean the Rural Utilities Service, which 
administers the United States Department of Agriculture (USDA) Rural 
Development Utilities Programs.
    Broadband Grant Speed means the minimum bandwidth described in the 
funding opportunity that an applicant must propose to deliver to every 
customer in the proposed funded service area in order for the Agency to 
approve a broadband grant. The Broadband Grant Speed may be different 
for fixed and mobile broadband services and from the minimum rate of 
data transmission required to determine the availability of broadband 
service when qualifying a service area.
    Broadband service means any terrestrial technology having the 
capacity to provide transmission facilities that enable subscribers of 
the service to originate and receive high-quality voice, data, graphics, 
and video at the minimum rate of data transmission described in the 
funding opportunity. Satellite and mobile services are not considered 
broadband service. The broadband service speed may be different from the 
broadband grant speed for the Community Connect program.
    Community Center means a building within the Proposed Funded Service 
Area that provides access to the public, or a section of a public 
building with at least two (2) Computer Access Points and wireless 
access, that is used for the purposes of providing free access to and/or 
instruction in the use of broadband Internet service, and is of the 
appropriate size to accommodate this purpose. The community center must 
be open and accessible to area residents before, during, and after 
normal working hours and on Saturdays or Sunday.
    Computer Access Point means a new computer terminal with access to 
service at the Broadband Grant Speed.
    Critical Community Facilities means an essential community facility 
as defined pursuant to section 306(a) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1926(a)).
    Eligible applicant shall have the meaning as set forth in Sec.  
1739.10.
    Eligible grant purposes shall have the meaning as set forth in Sec.  
1739.12.
    Funding opportunity announcement (FOA) means a publicly available 
document by which a Federal agency makes know its intentions to award 
discretionary grants or cooperative agreements, usually as a result of 
competition for funds. FOA announcements may be known as program 
announcements, notices of funding availability, solicitations, or other 
names depending on the agency and type of program. FOA announcements can 
be found at www.Grants.gov in the Search Grants tab and on the funding 
agency's or program's website.
    Matching contribution means the applicant's qualified contribution 
to the Project, as outlined in Sec.  1739.14 of this part.
    Project means the delivery of service at the Broadband Grant Speed 
financed by the grant and Matching Contribution for the Proposed Funded 
Service Area.
    Proposed Funded Service Area (PFSA) means the contiguous geographic 
area within an eligible Rural Area or eligible Rural Areas, in which the 
applicant proposes to provide service at the Broadband Grant Speed.
    Rural area means any area, as confirmed by the most recent decennial 
Census of the United States (decennial Census), which is not located 
within:
    (1) A city, town, or incorporated area that has a population of 
greater than 20,000 inhabitants; or
    (2) An urbanized area contiguous and adjacent to a city or town that 
has a population of greater than 50,000 inhabitants, and which excludes 
certain populations pursuant to 7 U.S.C. 1991(a)(13)(H) and (I). For 
purposes of the definition of rural area, an urbanized area means a 
densely populated territory as defined in the most recent decennial 
Census.

[78 FR 25791, June 3, 2013, as amended at 80 FR 9862, Feb. 24, 2015; 83 
FR 45033, Sept. 5, 2018; 85 FR 14408, Mar. 12, 2020; 87 FR 38642, June 
29, 2022]

[[Page 330]]



Sec. Sec.  1739.4-1739.7  [Reserved]



Sec.  1739.8  Buy American requirement.

    Awardees shall use in connection with the expenditure of grant funds 
only such unmanufactured articles, materials, and supplies, as have been 
mined or produced in the United States or in any eligible country, and 
only such manufactured articles, materials, and supplies as have been 
manufactured in the United States or in any eligible country, 
substantially all from articles, materials, or supplies mined, produced, 
or manufactured, as the case may be, in the United States or in any 
eligible country. For purposes of this section, an ``eligible country'' 
is any country that applies with respect to the United States an 
agreement ensuring reciprocal access for United States products and 
services and United States suppliers to the markets of that country, as 
determined by the United States Trade Representative. The Buy American 
regulations may be found at, and any requests for waiver must be 
submitted pursuant to, 7 CFR part 1787.

[85 FR 14408, Mar. 12, 2020]



Sec.  1735.9  USDA Rural Development State Director notification.

    Applicants shall complete a notification form which will be a public 
document that the RUS provides to USDA Rural Development State Directors 
and others in the state(s) of the PFSA. The notification shall include a 
brief project description and the location of the PFSA.



Sec.  1739.10  Eligible applicant.

    To be eligible for a Community Connect competitive grant, the 
applicant must:
    (a) Be legally organized as an incorporated organization, an Indian 
tribe or tribal organization, as defined in 25 U.S.C. 450b(e), a state 
or local unit of government, or other legal entity, including 
cooperatives or private corporations or limited liability companies 
organized on a for-profit or not-for-profit basis.
    (b) Have the legal capacity and authority to own and operate the 
broadband facilities as proposed in its application, to enter into 
contracts and to otherwise comply with applicable federal statutes and 
regulations.
    (c) As required by the Office of Management and Budget (OMB), all 
applicants for grants must supply a Dun and Bradstreet Data Universal 
Numbering System (DUNS) number when applying. The Standard Form 424 (SF-
424) contains a field for you to use when supplying your DUNS number. 
Obtaining a DUNS number costs nothing and requires a short telephone 
call to Dun and Bradstreet. Please see http://www.grants.gov/applicants/
request_duns_number.jsp for more information on how to obtain a DUNS 
number or how to verify your organization's number.
    (d) Register in the System for Award Management (SAM) (formerly 
Central Contractor Registry (CCR)).
    (1) In accordance with 2 CFR part 25, applicants, whether applying 
electronically or by paper, must be registered in the SAM prior to 
submitting an application. Applicants may register for the SAM at 
https://www.sam.gov/.
    (2) The SAM registration must remain active, with current 
information, at all times during which an entity has an application 
under consideration by an agency or has an active Federal Award. To 
remain registered in the SAM database after the initial registration, 
the applicant is required to review and update, on an annual basis from 
the date of initial registration or subsequent updates, its information 
in the SAM database to ensure it is current, accurate and complete.



Sec.  1739.11  Eligible Community Connect Competitive Grant Project.

    To be eligible for a Community Connect competitive grant, the 
Project must:
    (a) Serve a PFSA in which Broadband Service does not currently 
exist;
    (b) Offer service at the Broadband Grant Speed to all residential 
and business customers within the PFSA ;
    (c) Offer free service at the Broadband Grant Speed to all Critical 
Community Facilities located within the PFSA for at least 2 years 
starting from the time service becomes available to each Critical 
Community Facility;

[[Page 331]]

    (d) Provide a Community Center with at least two (2) Computer Access 
Points and wireless access at the Broadband Grant Speed, free of all 
charges to all users for at least 2 years; and
    (e) Not overlap with the service areas of current RUS borrowers and 
grantees.



Sec.  1739.12  Eligible grant purposes.

    Grant funds may be used to finance the following:
    (a) The construction, acquisition, or leasing of facilities, 
including spectrum, land or buildings, used to deploy service at the 
Broadband Grant Speed to all residential and business customers located 
within the PFSA and all participating Critical Community Facilities, 
including funding for up to ten Computer Access Points to be used in the 
Community Center. Buildings constructed with grants funds must reside on 
property owned by the awardee. Leasing costs will only be covered 
through the advance of funds period included in the award documents;
    (b) The improvement, expansion, construction, or acquisition of a 
Community Center and provision of Computer Access Points. Grant funds 
for the Community Center will be limited to ten percent of the requested 
grant amount. If a community center is constructed with grant funds, the 
center must reside on property owned by the awardee;
    (c) The cost of providing the necessary bandwidth for service free 
of charge to the Critical Community Facilities for 2 years.



Sec.  1739.13  Ineligible grant purposes.

    Operating expenses not specifically permitted in Sec.  1739.12.



Sec.  1739.14  Matching contributions.

    (a) At the time of closing of the award, the awardee must contribute 
or demonstrate available cash reserves in an account(s) of the awardee 
equal to at least 15% of the grant. Matching contributions must be used 
solely for the Project and shall not include any financial assistance 
from federal sources unless there is a federal statutory exception 
specifically authorizing the federal financial assistance to be 
considered as such. An applicant must provide evidence of its ability to 
comply with this requirement in its application.
    (b) At the end of every calendar quarter, the award must submit a 
schedule to RUS that identifies how the match contribution was used to 
support the project until the total contribution is expended.



Sec.  1739.15  Completed application.

    Applications should be prepared in conformance with the provisions 
of this part and all applicable regulations, including 2 CFR part 200, 
as adopted by USDA through 2 CFR part 400. Applicants must also conform 
to the requirements of the FOA posted on www.Grants.gov, the RUS 
Community Connect Grant program application guide, and the Community 
Connect Grant program website. Applicants should refer to the FOA and 
the application guide for submission directions. The application guide 
contains instructions and forms, as well as other important information 
needed to prepare an application and is updated on an annual basis. 
Paper copies of the application guide can be requested by contacting the 
Loan Origination and Approval Division at 202-720-0800. Completed 
applications must include the following documentation, studies, reports 
and information, in form and substance satisfactory to the Agency:
    (a) An Application for Federal Assistance. A completed Standard Form 
424;
    (b) An executive summary of the Project. A general project overview 
that addresses the following categories:
    (1) A description of why the Project is needed;
    (2) A description of the applicant;
    (3) An explanation of the total Project costs;
    (4) A general overview of the broadband telecommunications system to 
be developed, including the types of equipment, technologies, and 
facilities to be used;
    (5) Documentation describing the procedures used to determine the 
unavailability of existing Broadband Service; and
    (6) A list of the Critical Community Facilities that will take 
service from the Applicant at the Broadband Grant

[[Page 332]]

Speed, and evidence that any remaining Critical Community Facility 
located in the PFSA has rejected the offer;
    (c) Scoring Criteria Documentation. A narrative, with documentation 
where necessary, addressing the elements listed in the scoring criteria 
of Sec.  1739.17;
    (d) System design. A system design of the Project that is economical 
and practical, including a detailed description of the facilities to be 
funded, technical specifications, data rates, and costs. In addition, a 
network diagram detailing the proposed system must be provided. The 
system design must also comply with the environmental review 
requirements in accordance with 7 CFR part 1970 and as supplemented by 7 
CFR 1738.108;
    (e) Service Area Demographics. The following information about the 
PFSA:
    (1) A map, submitted electronically through RUS' web-based Mapping 
Tool, which identifies the Rural Area boundaries of the PFSA; and
    (2) The total population, number of households, and number of 
businesses located within the PFSA;
    (f) Scope of work. A description of the scope of work, which at a 
minimum must include:
    (1) The specific activities and services to be performed under the 
Project;
    (2) Who will carry out the activities and services;
    (3) A construction build-out schedule and project milestones, 
showing the time-frames for accomplishing the Project objectives and 
activities on a quarterly basis; and
    (4) A budget for all capital and administrative expenditures 
reflecting the line item costs for Eligible Grant Purposes and other 
sources of funds necessary to complete the Project;
    (g) Community-oriented connectivity plan. A community-oriented 
connectivity plan consisting of the following:
    (1) A listing of all participating Critical Community Facilities to 
be connected. The applicant must also provide documentation that it has 
consulted with the appropriate agent of every Critical Community 
Facility in the PFSA, and must provide statements from each one as to 
its willingness to participate, or not to participate, in the proposed 
Project;
    (2) A description of the services the applicant will make available 
to local residents and businesses; and
    (3) A list of any other telecommunications provider (including 
interexchange carriers, cable television operators, enhanced service 
providers, wireless service providers and providers of satellite 
services) that is participating in the delivery of services and a 
description of the consultations and the anticipated role of such 
provider in the Project;
    (h) Financial information and sustainability. A narrative 
description demonstrating the sustainability of the Project: from the 
commencement of construction to completion, and beyond the grant period; 
the sufficiency of resources; how and when the matching requirement is 
met; and the expertise necessary to undertake and complete the Project. 
The following financial information is required:
    (1) If the applicant is an existing company, it must provide 
complete copies of audited financial statements, if available, for the 
two fiscal years preceding the application submission. If audited 
statements are unavailable, the applicant must submit unaudited 
financial statements for those fiscal years. Applications from start-up 
entities must, at minimum, provide an opening balance sheet dated within 
30 days of the application submission date; and
    (2) Annual financial projections in the form of balance sheets, 
income statements, and cash flow statements for a forecast period of 
five years, which prove the sustainability of the Project for that 
period and beyond. These projections must be inclusive of the 
applicant's existing operations and the Project, and must be supported 
by a detailed narrative that fully explains the methodology and 
assumptions used to develop the projections, including details on the 
number of subscribers projected to take the applicant's services. 
Applicants submitting multiple applications for funding must demonstrate 
that each Project is feasible and sustainable on its own, funds are 
available to cover each of the matching requirements and that all 
Projects for

[[Page 333]]

which funding is being requested are financially feasible as a whole;
    (i) Statement of experience. A statement of experience which 
includes information on the owners' and principal employees' relevant 
work experience that would ensure the success of the Project. The 
applicant must also provide a written narrative demonstrating its 
capability and experience, if any, in operating a broadband 
telecommunications system;
    (j) Legal authority. Evidence of the applicant's legal authority and 
existence, and its ability to enter into a grant agreement with the RUS, 
and to perform the activities proposed under the grant application;
    (k) Additional funding. Evidence that funding agreements have been 
attained, if the Project requires funding commitment(s) from sources 
other than the grant. An applicant submitting multiple applications for 
funding must demonstrate its financial wherewithal to support all 
applications, if accepted, and that it can simultaneously complete and 
operate all of the Projects under consideration. Additionally, 
commitments for outside funding must be explicit that they will be 
available if all applications are not funded;
    (l) Public notice. The Agency will publish a public notice of each 
application requesting assistance under this part. The application must 
provide a summary of the information required for such public notice. 
The information required can be found in 7 CFR 1738.106.
    (m) Federal compliance. Evidence of compliance with other federal 
statutes and regulations including, but not limited to the following:
    (1) 7 CFR part 15, subpart A--Nondiscrimination in Federally 
Assisted Programs of the Department of Agriculture--Effectuation of 
Title VI of the Civil Rights Act of 1964;
    (2) 2 CFR part 200, as adopted by USDA through 2 CFR part 400.
    (3) 2 CFR part 417--Nonprocurement Debarment and Suspension;
    (4) 2 CFR part 418--New Restrictions on Lobbying;
    (5) 2 CFR part 421--Requirements for Drug-Free Workplace (Financial 
Assistance);
    (6) Certification regarding Architectural Barriers;
    (7) Certification regarding Flood Hazard Precautions;
    (8) Environmental review documentation prepared in accordance with 7 
CFR part 1970 and as supplemented by 7 CFR 1738.108.
    (9) A certification that grant funds will not be used to duplicate 
lines, facilities, or systems providing Broadband Service;
    (10) Federal Obligation Certification on Delinquent Debt; and
    (11) Assurance Regarding Felony Conviction or Tax Delinquent Status 
for Corporate Applicants.

[78 FR 25791, June 3, 2013, as amended at 79 FR 76004, Dec. 19, 2014; 81 
FR 11027, Mar. 2, 2016; 83 FR 45033, Sept. 5, 2018; 85 FR 14409, Mar. 
12, 2020]



Sec.  1739.16  Review of grant applications.

    (a) All applications for grants must be delivered to the Agency at 
the address and by the date specified in the FOA, the Community Connect 
Grant program application guide and the Community Connect Grant program 
website (see Sec.  1739.2) to be eligible for funding. The Agency will 
review each application for conformance with the provisions of this 
part, and may contact the applicant for clarification of information in 
the application.
    (b) Incomplete applications as of the deadline for submission will 
not be considered. If an application is determined to be incomplete, the 
applicant will be notified in writing and the application will be 
returned with no further action.
    (c) If the Agency determines that the Project is technically or 
financially infeasible or unsustainable, the Agency will notify the 
applicant, in writing, and the application will be returned with no 
further action.
    (d) Applications conforming with this part will be evaluated 
competitively by the Agency and will be ranked in accordance with Sec.  
1739.17. Applications will then be awarded generally in rank order until 
all grant funds are expended, subject to paragraphs (e) and (f) of this 
section.
    (e) In addition to scoring, the Agency may take geographic 
distribution into

[[Page 334]]

consideration when making final award determinations.
    (f) An award may be made out of rank order if a higher ranked 
application would require an award that exceeded available funding or 
would consume a disproportionate amount of funds available relative to 
its ranking.
    (g) The Agency reserves the right to offer an applicant a lower 
amount than proposed in the application.

[78 FR 25791, June 3, 2013, as amended at 83 FR 45033, Sept. 5, 2018]



Sec.  1739.17  Scoring of applications.

    The ranking of the ``community-oriented connectivity'' benefits of 
the Project will be based on documentation in support of the need for 
services, benefits derived from the proposed services, characteristics 
of the PFSA, local community involvement in planning and implementation 
of the Project, and the level of experience of the management team. In 
ranking applications the Agency will consider the following criteria 
based on a scale of 100 possible points:
    (a) An analysis of the challenges of the following criteria, laid 
out on a community-wide basis, and how the Project proposes to address 
these issues (up to 50 points):
    (1) The economic characteristics;
    (2) Educational challenges;
    (3) Health care needs; and
    (4) Public safety issues;
    (b) The extent of the Project's planning, development, and support 
by local residents, institutions, and Critical Community Facilities. 
Documentation must include evidence of community-wide involvement, as 
exemplified by community meetings, public forums, and surveys. In 
addition, applicants should provide evidence of local residents' 
participation in the Project planning and development (up to 40 points).
    (c) The level of experience and past success of operating broadband 
systems for the management team. (up to 10 points)
    (d) In making a final selection among and between applications with 
comparable rankings and geographic distribution, the Administrator may 
take into consideration the characteristics of the PFSA. Only 
information provided in the application will be considered. Applicants 
should therefore specifically address each of the following criteria to 
differentiate their applications:
    (1) Persistent poverty counties that will be served within the PFSA;
    (2) Out-migration Communities that will be served within the PFSA;
    (3) The rurality of the PFSA;
    (4) The speed of service provided by the project;
    (5) Substantially underserved trust areas that will be served within 
the PFSA;
    (6) Community members with disabilities that will be served within 
the PFSA; and
    (7) Any other additional factors that may be outlined in the FOA, 
the Community Connect Grant program application guide, and the Community 
Connect Grant program website.

[78 FR 25791, June 3, 2013, as amended at 83 FR 45033, Sept. 5, 2018]



Sec.  1739.18  Grant documents.

    The terms and conditions of grants shall be set forth in grant 
documents prepared by the Agency. The documents shall require the 
applicant to own all equipment and facilities financed by the grant. 
Among other matters, the Agency may prescribe conditions to the advance 
of funds that address concerns regarding the Project feasibility and 
sustainability. The Agency may also prescribe terms and conditions 
applicable to the construction and operation of the Project and the 
delivery of service at the Broadband Grant Speed to eligible Rural 
Areas, as well as other terms and conditions applicable to the 
individual Project. Dividend distributions will not be allowed until all 
grant funds and matching contributions have been expended.



Sec.  1739.19  Reporting and oversight requirements.

    (a) A project performance activity report will be required of all 
recipients on an annual basis until the Project is complete and the 
funds are expended by the applicant. The reporting period will start 
with the calendar year the award is made and continue for every calendar 
year through the term of the

[[Page 335]]

award. The report must be submitted by January 31 of the following year 
of the reporting period. Recipients are to submit an original and one 
copy of all project performance reports, including, but not limited to, 
the following:
    (1) A comparison of actual accomplishments to the objectives 
established for that period;
    (2) A description of any problems, delays, or adverse conditions 
which have occurred, or are anticipated, and which may affect the 
attainment of overall Project objectives, prevent the meeting of time 
schedules or objectives, or preclude the attainment of particular 
Project work elements during established time periods. This disclosure 
shall be accompanied by a statement of the action taken or planned to 
resolve the situation; and
    (3) Objectives and timetable established for the next reporting 
period.
    (b) A final project performance report must be provided by the 
recipient. It must provide an evaluation of the success of the Project 
in meeting the objectives of the program. The final report may serve as 
the last annual report.
    (c) The Agency will monitor recipients, as it determines necessary, 
to assure that Projects are completed in accordance with the approved 
scope of work and that the grant is expended for Eligible Grant 
Purposes.
    (d) Recipients shall diligently monitor performance to ensure that 
time schedules are being met, projected work within designated time 
periods is being accomplished, and other performance objectives are 
being achieved.
    (e) The applicant must have the necessary processes and systems in 
place to comply with the reporting requirements for first-tier sub-
awards and executive compensation under the Federal Funding 
Accountability and Transparency Act of 2006 in the event the applicant 
receives funding unless such applicant is exempt from such reporting 
requirements pursuant to 2 CFR 170.110(b). The reporting requirements 
under the Transparency Act pursuant to 2 CFR part 170 are as follows:
    (1) First Tier Sub-Awards of $25,000 or more in non-Recovery Act 
funds (unless they are exempt under 2 CFR part 170) must be reported by 
the Recipient to http://www.fsrs.gov no later than the end of the month 
following the month the obligation was made.
    (2) The Total Compensation of the Recipient's Executives (5 most 
highly compensated executives) must be reported by the Recipient (if the 
Recipient meets the criteria under 2 CFR part 170) to http://www.sam.gov 
by the end of the month following the month in which the award was made.
    (3) The Total Compensation of the Subrecipient's Executives (5 most 
highly compensated executives) must be reported by the Subrecipient (if 
the Subrecipient meets the criteria under 2 CFR part 170) to the 
Recipient by the end of the month following the month in which the 
subaward was made.
    (f) Entities that receive assistance from the Agency under this part 
to provide retail broadband service must submit annual reports for 3 
years after project completion. The information required can be found in 
7 CFR 1738.107(a) and (c).

[78 FR 25791, June 3, 2013, as amended at 85 FR 14409, Mar. 12, 2020]



Sec.  1739.20  Audit requirements.

    A grant recipient shall provide the Agency with an audit for each 
year in which a portion of the financial assistance is expended, in 
accordance with the following:
    (a) If the recipient is a for-profit entity, an electric or 
telecommunications cooperative, or any other entity not covered by the 
definition of ``non-Federal entity'' in 2 CFR 200.1, the recipient shall 
provide an independent audit report in accordance with 7 CFR part 1773 
and the grant agreement. Please note that the first audit submitted to 
the Agency and all subsequent audits must be comparative audits as 
described in 7 CFR part 1773.
    (b) If the recipient is a non-Federal entity, as defined in 2 CFR 
200.1, the recipient shall provide an audit in accordance with subpart F 
of 2 CFR part 200.

[78 FR 25791, June 3, 2013, as amended at 79 FR 76004, Dec. 19, 2014; 88 
FR 7561, Feb. 6, 2023]

[[Page 336]]



Sec.  1739.21  OMB control number.

    The information collection requirements in this part are approved by 
the Office of Management and Budget (OMB) and assigned OMB control 
number 0572-0127.

Subpart B [Reserved]



PART 1740_RURAL ECONNECTIVITY PROGRAM--Table of Contents



                            Subpart A_General

Sec.
1740.1 Overview.
1740.2 Definitions.
1740.3 Funding parameters.
1740.4 Certifications.
1740.5-1740.8 [Reserved]

                   Subpart B_Eligibility Requirements

1740.9 Eligible and ineligible entities.
1740.10 Eligible projects.
1740.11 Eligible and ineligible service areas.
1740.12 Eligible and ineligible cost purposes.
1740.13-1740.24 [Reserved]

                      Subpart C_Award Requirements

1740.25 Substantially Underserved Trust Areas (SUTA).
1740.26 Public notice.
1740.27 Environmental and related reviews.
1740.28 Civil rights procedures and requirements.
1740.29-1740.41 [Reserved]

                          Subpart D_Award Terms

1740.42 Interest rates.
1740.43 Terms and conditions.
1740.44 Security.
1740.45 Advance of funds.
1740.46 The Buy American preference and the Buy American requirement 
          (Amended).
1740.47-1740.58 [Reserved]

             Subpart E_Application Submission and Evaluation

1740.59 Application submission.
1740.60 Elements of a complete application.
1740.61 Evaluation for technical and financial feasibility.
1740.62 Evaluation of Awardee operations.
1740.63 Financial information.
1740.64 Network design.
1740.65-1740.76 [Reserved]

               Subpart F_Closing, Servicing, and Reporting

1740.77 Offer and closing.
1740.78 Construction.
1740.79 Servicing of grants, loans and loan/grant combinations.
1740.80 Accounting, monitoring, and reporting requirements.
1740.81 Default and de-obligation.
1740.82-1740.93 [Reserved]

          Subpart G_Other Information and Federal Requirements

1740.94 Confidentiality of Applicant information
1740.95 Compliance with applicable laws.
1740.96-1740.99 [Reserved]
1740.100 OMB control number.

    Authority: 7 U.S.C. 1981(b)(4), 7 U.S.C. 901 et seq., 7 U.S.C. 
950aaa et seq., and 7 U.S.C. 950cc.

    Source: 86 FR 11609, Feb. 26, 2021, unless otherwise noted.



                            Subpart A_General



Sec.  1740.1  Overview.

    (a) The Rural eConnectivity Program, hereinafter referred to as 
Program, provides funding in the form of loans, grants, and loan/grant 
combinations for the costs of construction, improvement, or acquisition 
of facilities and equipment needed to facilitate broadband deployment in 
rural areas. One of the essential goals of the Program is to expand 
broadband service to rural areas that do not have sufficient access to 
broadband. This part sets forth the general policies, eligibility 
requirements, types and terms of loans, grants, and loan/grant 
combinations and program requirements.
    (b) Additional information and application materials regarding the 
Program can be found on the Rural Development website.



Sec.  1740.2  Definitions.

    (a) The following definitions apply to this part:
    Administrator means the Administrator of the Rural Utilities 
Service, or the Administrator's designee.
    Agency means the Rural Utilities Service (RUS).
    Applicant means an entity requesting funding under this part.

[[Page 337]]

    Application means the Applicant's request for federal funding, which 
may be approved in whole or in part by RUS.
    Award documents mean, as applicable, all associated grant 
agreements, loan agreements, or loan/grant agreements.
    Award means a grant, loan, or loan/grant combination made under this 
part.
    Awardee means a grantee, borrower, or borrower/grantee that has 
applied and been awarded federal assistance under this part.
    Broadband loan means, for purposes of this regulation, a loan that 
has been approved or is currently under review by RUS after the 
beginning of Fiscal Year 2000 in the Telecommunications Infrastructure 
Program, Farm Bill Broadband Program, Broadband Initiatives Program or 
this Program.
    Broadband loans that were rescinded or defaulted on, or the terms 
and conditions of which were not met, are not included in this 
definition, so long as the entity under consideration for an award under 
this part has not previously defaulted on, or failed to meet the terms 
and conditions of, an RUS loan or had an RUS loan rescinded.
    Broadband service means any fixed terrestrial technology, including 
fixed wireless, having the capacity to transmit data to enable a 
subscriber to the service to originate and receive high quality voice, 
data, graphics and video.
    CALEA means the Communications Assistance for Law Enforcement Act, 
47 U.S.C. 1001 et seq.
    Composite economic life means the weighted (by dollar amount of each 
class of facility) average economic life of all classes of facilities 
necessary to complete construction of the broadband facilities in the 
proposed funded service area.
    Current ratio means the current assets divided by the current 
liabilities.
    Debt Service Coverage Ratio (DSCR) means the ratio of the sum of the 
Awardee's total net income or margins, depreciation and amortization 
expense, and interest expense, minus an allowance for funds used during 
construction and amortized grant revenue, all divided by the sum of 
interest on funded debt, other interest and principal payment on debt 
and capital leases.
    Economic life means the estimated useful service life of an asset as 
determined by RUS.
    Eligible service area means any contiguous proposed funded service 
area where 90 percent of the households to be served do not have 
sufficient access to broadband service. For eligibility purposes, if an 
applicant is applying for multiple proposed funded service areas, each 
service area will be evaluated on a stand-alone basis.
    Equity means total assets minus total liabilities as reflected on 
the Applicant's balance sheet.
    Fixed wireless service means a wireless system between two fixed 
locations (e.g., fixed transmitting tower to fixed customer premise 
equipment).
    Forecast period means the five-year period of projections in an 
application, which shall be used by RUS to determine financial and 
technical feasibility of the application.
    GAAP means accounting principles generally accepted in the United 
States of America.
    Grant means any federal assistance in the form of a grant made under 
this part.
    Grant agreement means the grant contract and security agreement 
between RUS and the Awardee securing the Grant awarded under this part, 
including any amendments thereto, available for review on the Agency's 
web page.
    Indefeasible Right to Use (IRU) means the long-term agreement of the 
rights to capacity, or a portion thereof specified in the terms of a 
certain amount of bandwidth or number of fibers.
    Loan means any federal assistance in the form of a loan made under 
this part.
    Loan agreement means the loan contract and security agreement 
between RUS and the Awardee securing the Loan, including all amendments 
thereto, available for review on the Agency's web page.
    Loan/grant means any federal assistance in the form of a loan/grant 
combination made under this part.
    Loan/grant agreement means the loan/grant contract and security 
agreement between RUS and the Awardee securing the loan/grant, including 
all amendments thereto, available for review on the Agency's web page.

[[Page 338]]

    Non-funded service area (NFSA) means any area in which the applicant 
offers telecommunication/broadband service, or intends to offer 
telecommunication/broadband service, during the forecast period, but 
which is not part of its Proposed Funded Service Area.
    Pre-application expenses means any reasonable expenses, as 
determined by RUS, incurred after the release of a Federal Register 
notice opening an application window to prepare an Application or to 
respond to RUS inquiries about the Application.
    Premises means households, farms, and businesses.
    Project means all of the work to be performed to bring broadband 
service to all premises in the proposed funded service area under the 
Application, including construction, the purchase and installation of 
equipment, and professional services including engineering and 
accountant/consultant fees, whether funded by federal assistance, 
matching, or other funds.
    Proposed funded service area (PFSA) means the area (whether all or 
part of an existing or new service area) where the applicant is 
requesting funds to provide broadband service. Multiple service areas 
will be treated as separate standalone service areas for the purpose of 
determining how much of the PFSA does not have sufficient access to 
broadband. Each service area must meet the minimum requirements for the 
appropriate funding category to be an eligible area.
    RE Act means the ``Rural Electrification Act of 1936,'' as amended 
(7 U.S.C. 901 et seq.).
    Rural area means any area that is not located within:
    (i)(A) A city, town, or incorporated area that has a population of 
greater than 20,000 inhabitants; or
    (B) An urbanized area contiguous and adjacent to a city or town that 
has a population of greater than 50,000 inhabitants as defined in the 
Agency mapping tool.
    (ii) In determining a rural area, all areas shall exclude certain 
populations pursuant to 7 U.S.C. 1991(a)(13)(H) and (I).
    RUS Accounting Requirements shall mean compliance with GAAP, 
acceptable to RUS, the system of accounting prescribed by RUS Bulletin 
1770B-1 and the Uniform Administrative Requirements, Cost Principles, 
and Audit Requirements for Federal Awards, found at 2 CFR part 200. For 
all Awardees the term ``grant recipient'' in 2 CFR 200 shall also be 
read to encompass ``loan recipient'' and ``loan/grant recipient'', such 
that 2 CFR 200 shall be applicable to all Awardees under this part.
    Sufficient access to broadband means a rural area in which 
households have broadband service at the minimum acceptable level of 
broadband, as set forth in the latest Federal Register notice announcing 
funding for the program. This definition will be used to determine the 
eligibility of a proposed service area and cannot be lower than 10 
megabit per second (Mbps) downstream and 1 Mbps upstream. Mobile/
Cellular and satellite services, which include systems that use 
satellite backbone facilities to connect to the internet, will not be 
considered in making the determination of sufficient access to 
broadband.
    TIER means times interest earned ratio. TIER is the ratio of an 
Applicant's net income (after taxes) plus interest expense, all divided 
by interest expense and with all financial terms defined by GAAP.
    (b) Unless otherwise provided in the award documents, all financial 
terms not defined herein shall have the meaning as defined by GAAP.

[86 FR 11609, Feb. 26, 2021, as amended at 87 FR 38642, June 29, 2022; 
88 FR 5726, Jan. 30, 2023]



Sec.  1740.3  Funding parameters.

    (a) For the purposes of this part:
    (1) Ninety (90) percent of the PFSA must not have sufficient access 
to broadband service;
    (2) Applicants must propose to build a network that is capable of 
providing broadband service to every premises located in the PFSA at the 
time the application is submitted at a speed defined in the latest 
Federal Register notice announcing funding for the Program; and
    (3) The Agency reserves the right to make funding offers or seek 
consultations to resolve partially overlapping

[[Page 339]]

applications. RUS may contact the applicant for additional information 
during the review process. If additional information is requested, the 
applicant will have up to 30 calendar days to submit the information. If 
such information is not timely submitted, RUS may reject the 
application.
    (b) The amount and types of funds available for assistance, as well 
as the maximum and minimum award amounts will be published in the 
Federal Register. Applicants may apply for grants, loans and loan/grant 
combinations.



Sec.  1740.4  Certifications.

    The Applicant must certify to the following within the online 
application system:
    (a) That it is authorized to submit the application on behalf of the 
eligible entity(ies) listed in the Application;
    (b) That the Applicant has examined the Application;
    (c) That all information in the Application, including 
certifications and forms submitted are, at the time furnished, true and 
correct in all material respects;
    (d) That the entity requesting funding will comply with the terms, 
conditions, purposes, and federal requirements of the program;
    (e) That a false, fictitious, or fraudulent statement or claim on 
the Application is grounds for denial or termination of an award, and/or 
possible punishment by a fine or imprisonment as provided in 18 U.S.C. 
1001 and civil violations of the False Claims Act (31 U.S.C. 3729 et 
seq.);
    (f) That the Applicant will comply with all applicable federal, 
tribal, state, and local laws, rules, regulations, ordinances, codes, 
orders, and programmatic rules and requirements relating to the project, 
and acknowledges that failure to do so may result in rejection or de-
obligation of the award, as well as civil liability or criminal 
prosecution, if applicable, by the appropriate law enforcement 
authorities.



Sec. Sec.  1740.5-1740.8  [Reserved]



                   Subpart B_Eligibility Requirements



Sec.  1740.9  Eligible and ineligible entities.

    (a) To be eligible for funding, an Applicant may be either a 
nonprofit or for-profit organization, and must take one of the following 
forms:
    (1) Corporation;
    (2) Limited Liability Company and Limited Liability Partnership;
    (3) Cooperative or mutual organization;
    (4) States or local governments, including any agency, subdivision, 
instrumentality, or political subdivision thereof;
    (5) A territory or possession of the United States; or
    (6) An Indian tribe, as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
    (b) Individuals and legal general partnerships that are formed with 
individuals are not eligible entities.
    (c) Co-Applicants are not eligible entities. If two entities would 
like to partner with each other in delivering broadband to areas without 
sufficient access, then one entity must take the lead on submitting an 
application. Inter-company agreements can be used to account for 
revenues and expenses on the applicant's financial projections. However, 
based on the existing financial and security arrangements, the Agency 
may require that both, or other entities, be parties to the award 
documents, or guarantee the award.



Sec.  1740.10  Eligible projects.

    To be eligible for funding assistance under the part, the Applicant 
must:
    (a) Submit a complete application and provide all supporting 
documentation including unqualified, audited financial statements from 
the date the application is submitted as detailed in Sec.  1740.63.
    (b) Demonstrate that the project can be completely built out within 
five years from the date funds are first made available.
    (c) Demonstrate that the project is technically feasible as detailed 
in Sec.  1740.64.

[[Page 340]]

    (d) Demonstrate that all project costs can be fully funded or 
accounted for as detailed in Sec.  1740.63.
    (e) Submit documentation which enables RUS to determine that the 
project is financially feasible and sustainable as detailed in Sec.  
1740.61.
    (f) Demonstrate that the following service requirements will be met:
    (1) Facilities funded with grant funds will provide broadband 
service proposed in the application for the composite economic life of 
the facilities, as approved by RUS, or as provided in the Award 
Documents.
    (2) Facilities funded with loan funds must provide broadband service 
through the amortization period of the loan.

[86 FR 11609, Feb. 26, 2021, as amended at 88 FR 5726, Jan. 30, 2023]



Sec.  1740.11  Eligible and ineligible service areas.

    (a) Eligible service areas. (1) Applicants must propose to provide 
broadband service directly to all premises in the PFSA.
    (2) If any part of the applicant's PFSA is ineligible, RUS, in its 
sole discretion, may request that an applicant modify its application, 
if RUS believes the modification is feasible. Otherwise, RUS will reject 
the application.
    (b) Ineligible service areas--(1) Overlapping service areas. RUS 
will not fund more than one project that serves any one given geographic 
area. Invariably, however, applicants will propose service areas that 
overlap, varying from small de minimis areas of the territory, but which 
may be significant with respect to households involved, to larger areas 
of the service territory, but which may contain few households or 
businesses, if any. As a result, devising a procedure that will cover 
every overlap circumstance is not practicable. Nevertheless, it is the 
agency's intent to make as many eligible applications viable for 
consideration as possible. That may mean the agency may:
    (i) Determine the overlap to be so insignificant that no agency 
action is necessary;
    (ii) Request one or more applications to be revised to eliminate the 
overlapping territory;
    (iii) Choose one application over another given the amount of 
assistance requested, the number of awards already chosen in the area or 
State, or the need for the project in the specific area due to other 
factors; or
    (iv) Simply choose the project that scores higher or in the 
judgement of the agency is more financially feasible.
    (2) Prior funded service areas to include: (i) RUS Broadband loans. 
Service areas of borrowers that have RUS Broadband loans, as defined in 
this part, are ineligible for all other applicants, and can be found on 
the Agency web page for the program. However, RUS Broadband Borrowers 
that have built out their service areas consistent with their 
application and award documents, but were not required to provide, and 
are currently not providing, sufficient access to broadband pursuant to 
this regulation are eligible to apply for funding for these service 
areas; provided that they have not defaulted on, and have materially 
complied with, in the sole discretion of RUS, their prior Broadband loan 
award requirements. Current RUS Broadband Borrowers that have received 
funding to provide sufficient access to broadband but have not yet built 
out their system are ineligible to apply for funding for these service 
areas.
    (ii) RUS Community Connect Grants. Service areas that received 
grants under the RUS Community Connect Grant Program are eligible if 
they do not have sufficient access to broadband, except for those grants 
still under construction. Service areas still under construction can be 
found on the Agency's web page.
    (iii) RUS BIP Grants. Service areas that received a 100 percent 
grant under the RUS Broadband Initiatives Program are eligible if they 
do not have sufficient access to broadband.
    (c) Service areas with other funding. (1) Applicants are encouraged 
to work with the Governor's office for the states, and tribal 
governments for the tribal areas where they are proposing to provide 
broadband service and submit information detailing where state funding 
has been provided.
    (2) Service areas that have received federal grant funds, or funds 
from the Federal Communications Commission,

[[Page 341]]

to provide broadband service will be restricted from funding, if such 
funding is principally to construct facilities throughout the service 
area that provide broadband service at the threshold level of service. 
If additional service areas are restricted from funding, these areas 
will be identified in the funding opportunity announcement that opens an 
application window.



Sec.  1740.12  Eligible and ineligible cost purposes.

    Award and any matching funds must be used to pay only eligible costs 
incurred post award, except for approved pre-application expenses. 
Eligible costs must be consistent with the cost principles identified in 
2 CFR 200, Subpart E, Cost Principles. In addition, costs must be 
reasonable, allocable, and necessary to the project. Any application 
that proposes to use any portion of the award or matching funds for any 
ineligible costs may be rejected.
    (a) Eligible award costs. Award funds under this part may be used to 
pay for the following costs:
    (1) To fund the construction or improvement of facilities, including 
buildings and land, required to provide fixed terrestrial broadband 
service, including fixed wireless service, and any other facilities 
required for providing other services over the same facilities, such as 
equipment required to comply with CALEA;
    (2) To fund reasonable preapplication expenses in an amount not to 
exceed five percent of the award. Preapplication expenses must be 
included in the first request for advance of award funds and will be 
funded with either grant or loan funds. If the funding category applied 
for has a grant component, then grant funds will be used for this 
purpose. If preapplication expenses are not included in the first 
request for advance of award funds, they will become an ineligible 
purpose; and
    (3) To fund the acquisition of an existing system that does not 
currently provide sufficient access to broadband for upgrading that 
system to meet the requirements of this regulation. The cost of the 
acquisition is limited to 40 percent of the award amount requested. 
Acquisitions can be considered for 100 percent loans.
    (b) Ineligible award costs. Award funds under this part may not be 
used for any of the following purposes:
    (1) To fund operating expenses of the Awardee;
    (2) To fund costs incurred prior to the date on which the 
application was submitted other than eligible preapplication expenses;
    (3) To fund an acquisition of an affiliate, or the purchase or 
acquisition of any facilities or equipment of an affiliate. Note that if 
affiliated transactions are contemplated in the application, approval of 
the application does not constitute approval to enter into affiliated 
transactions, nor acceptance of the affiliated arrangements that 
conflict with the obligations under the award documents;
    (4) To fund the acquisition of a system previously funded by RUS 
without prior written approval of RUS before an application is 
submitted;
    (5) To fund the purchase or lease of any vehicle other than those 
used primarily in construction or system improvements;
    (6) To fund broadband facilities leased under the terms of an 
operating lease or an indefeasible right of use (IRU) agreement;
    (7) To fund the merger or consolidation of entities;
    (8) To fund costs incurred in acquiring spectrum as part of a 
Federal Communication Commission (FCC) auction or in a secondary market 
acquisition. Spectrum that is part of a system acquisition may be 
considered;
    (9) To fund facilities that provide mobile services;
    (10) To fund facilities that provide satellite service including 
satellite backbone services;
    (11) To fund the acquisition of a system that is providing 
sufficient access to broadband; or
    (12) To refinance outstanding debt.

[[Page 342]]



Sec. Sec.  1740.13-1740.24  [Reserved]



                      Subpart C_Award Requirements



Sec.  1740.25  Substantially Underserved Trust Areas (SUTA).

    Applicants seeking assistance may request consideration under the 
SUTA provisions in 7 U.S.C. 936f.
    (a) If the Administrator determines that a community within ``trust 
land'' (as defined in 38 U.S.C. 3765) has a high need for the benefits 
of the Program, the Administrator may designate the community as a 
``substantially underserved trust area'' (as defined in section 306F of 
the RE Act).
    (b) To receive consideration under SUTA, the applicant must submit 
to the Agency a completed application that includes all information 
requested in 7 CFR part 1700, subpart D. In addition, the application 
must identify the discretionary authorities within subpart D that it 
seeks to have applied to its application. Note, however, the following:
    (1) Given the prohibition on funding operating expenses in the 
Program, requests for waiver of the equity requirements cannot be 
considered; and
    (2) Due to the statutory requirements that established the Program, 
waiver of the nonduplication requirements cannot be considered.



Sec.  1740.26  Public notice.

    (a) To ensure transparency for the Program, the Agency's mapping 
tool will include the following information from each application, and 
be displayed for the public:
    (1) The identity of the applicant;
    (2) The areas to be served, including identification of the 
associated census blocks;
    (3) The type of funding requested;
    (4) The status of the application; and
    (5) The number of households without sufficient access to broadband.
    (b) The Agency will publish a public notice of each application 
requesting assistance under this part in accordance with the 
requirements of 7 U.S.C. 950cc. All applicants must provide the 
following information, which will be posted publicly on RUS' fully 
searchable website, in addition to the status of the application:
    (1) A description of the proposed broadband project;
    (2) A map of the PFSA;
    (3) The amount and type of support requested by the applicant;
    (4) The estimated number and proportion of service points in the 
proposed service territory without fixed broadband service, whether 
terrestrial or wireless; and
    (5) Any other information required of the applicant in a funding 
notice.
    (c) The public notice referenced under paragraph (b) of this section 
will be published after application submission and will remain available 
for 45 calendar days on the Agency's web page. During this period, 
existing service providers are requested to submit the following 
information through the Agency's mapping tool:
    (1) The number of residential and business customers within the 
applicant's service area currently purchasing sufficient access to 
broadband, the rates of data transmission being offered, and the cost of 
each level of broadband service charged by the existing service 
provider;
    (2) The number of residential and business customers within the 
applicant's service area receiving voice and video services and the 
associated rates for these other services;
    (3) A map showing where the existing service provider's services 
coincide with the applicant's service area using the Agency's Mapping 
Tool; and
    (4) Test results for the service area in question for a minimum of 
at least the prior three months demonstrating that sufficient access to 
broadband is being provided. The test results shall be for different 
times of the day.
    (d) The Agency may contact service providers that respond under 
paragraph (b) of this section to validate their submission, and so 
responding service providers should be prepared to:
    (1) Provide additional information supporting that the area in 
question has sufficient access to broadband service;
    (2) Have a technician on site during the field validation by RUS 
staff;
    (3) Run on site tests with RUS personnel being present, if 
requested; and
    (4) Provide copies of any test results that have been conducted in 
the last

[[Page 343]]

six months and validate the information submitted in the public notice 
response months.
    (e) If no broadband service provider submits information pursuant to 
a pending application or if the existing provider does not provide the 
information requested under paragraphs (b) and (c) of this section, RUS 
will consider the number of providers and extent of broadband service 
using any other data available through reasonable efforts, including 
utilizing the National Telecommunications and Information Administration 
National Broadband Availability Map and FCC broadband availability map. 
That may include the agency conducting field validations so as to locate 
facilities in the PFSA and determine, to the extent possible, if those 
facilities can provide sufficient access to broadband. Notwithstanding, 
conclusive evidence as to the existence of sufficient access to 
broadband will be taken only through the public notice process. As a 
result, the Agency highly recommends that existing service providers in 
a proposed funded service territory submit responses to the public 
notice to ensure that their service is considered in the determination 
of eligibility on an application.
    (f) The Agency will notify respondents who are existing service 
providers whether their challenge was successful or not and allow for an 
opportunity to respond.
    (g) The information submitted by an existing service provider under 
paragraph (c) of this section will be treated as proprietary and 
confidential and not subject to disclosure, pursuant to 7 U.S.C. 
950cc(b)(3).
    (h) For all applications that are approved, the following 
information will be made available to the public:
    (1) The information provided in paragraph (a) of this section;
    (2) Each annual report required under Sec.  1740.80(g) will be 
redacted to protect any proprietary information; and
    (3) Such other information as the Administrator of the RUS deems 
sufficient to allow the public to understand the assistance provided.



Sec.  1740.27  Environmental and related reviews.

    (a) Federal Agencies are required to analyze the potential 
environmental impacts, as required by the National Environmental Policy 
Act (NEPA), for Applicant projects or proposals seeking funding. Please 
refer to 7 CFR part 1970 for all of Rural Development's environmental 
policies. All Applicants must follow the requirements in 7 CFR part 1970 
and are required to complete an Environmental Questionnaire, to provide 
a description of program activities, and to submit all other required 
environmental documentation as requested in the application system or by 
the Agency after the application is submitted. It is the Applicant's 
responsibility to obtain all necessary federal, tribal, state, and local 
governmental permits and approvals necessary for the proposed work to be 
conducted.
    (b) Applications will be reviewed to ensure that they contain 
sufficient information to allow Agency staff to conduct a NEPA analysis 
so that appropriate NEPA documentation can be submitted to the 
appropriate federal and state agencies, along with the recommendation 
that the proposal is in compliance with applicable environmental and 
historic preservation laws.
    (c) Applicants proposing activities that cannot be covered by 
existing environmental compliance procedures will be informed whether 
NEPA requirements and other environmental requirements can otherwise be 
expeditiously met so that a project can proceed within the timeframes 
anticipated under the Program.
    (d) If additional information is required after an application is 
accepted for funding, funds can be withheld by the agency under a 
special award condition requiring the Awardee to submit additional 
environmental compliance information sufficient for the Agency to assess 
any impacts that a project may have on the environment.



Sec.  1740.28  Civil rights procedures and requirements.

    (a) Equal opportunity and nondiscrimination. The agency will ensure 
that equal opportunity and nondiscriminatory requirements are met in 
accordance with the Equal Credit

[[Page 344]]

Opportunity Act and 7 CFR part 15. In accordance with federal civil 
rights law and 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).
    (b) Civil rights compliance. Recipients of federal assistance under 
this part must comply with the Americans with Disabilities Act of 1990, 
Title VI of the Civil Rights Act of 1964, and Section 504 of the 
Rehabilitation Act of 1973. In general, recipients should have available 
for the Agency, racial and ethnic data showing the extent to which 
members of minority groups are beneficiaries of federally assisted 
programs. The Agency will conduct compliance reviews in accordance with 
7 CFR part 15. Awardees will be required to complete RD 400-4, 
``Assurance Agreement,'' for each Federal Award received.
    (c) Discrimination complaints. Persons believing they have been 
subjected to discrimination prohibited by this section may file a 
complaint personally or by an authorized representative with USDA, 
Director, Office of Adjudication, 1400 Independence Avenue SW, 
Washington, DC 20250. A complaint must be filed no later than 180 days 
from the date of the alleged discrimination, unless the time for filing 
is extended by the designated officials of USDA or the Agency.



Sec. Sec.  1740.29-1740.41  [Reserved]



                          Subpart D_Award Terms



Sec.  1740.42  Interest rates.

    Interest rates for the different funding options that will become 
available will be included in the Federal Register as part of the 
funding announcement opening a funding window.
    (a) Direct cost-of-money loans shall bear interest at a rate equal 
to the cost of borrowing to the Department of Treasury for obligations 
of comparable maturity.
    (b) The agency may offer 100 percent loans at a reduced interest 
rate, and in such cases, the applicable interest rate will be stated in 
the Federal Register or applicable funding opportunity notice.



Sec.  1740.43  Terms and conditions.

    Terms and conditions of loans, grants, or loan/grant combinations 
are set forth in the non-negotiable standard loan, grant, or loan/grant 
agreements and the corresponding note, and/or mortgage, if applicable, 
which may be found on the Agency's web page.
    (a) Unless the Applicant requests a shorter repayment period, loans 
must be repaid with interest within a period that, rounded to the 
nearest whole year, is equal to the expected Composite Economic Life of 
the project assets, as determined by RUS based upon acceptable 
depreciation rates, plus three years. Acceptable depreciation rates can 
be found in the Program Construction Procedures found on the Agency's 
web page.
    (b) Interest begins accruing on the date of each loan advance. Any 
deferral period for loans will be set in the Federal Register notice 
opening a funding window.
    (c) All proposed construction (including construction with matching 
and other funds) and all advance of funds must be completed no later 
than five years from the time funds are made available.
    (d) No funds will be disbursed under this program until all other 
sources of funding have been obtained and any other pre-award conditions 
have been met. Failure to obtain one or more sources of funding 
committed to in the Application or to fulfill any other pre-award 
condition within 90 days of award announcement may result in withdrawal 
of the award. The RUS may modify this requirement in the Federal 
Register or applicable funding opportunity notice.

[[Page 345]]



Sec.  1740.44  Security.

    (a) Loans and loan/grant combinations. The loan portion of the award 
must be adequately secured, as determined by RUS.
    (1) For Corporations and limited liability entities, the loan and 
loan/grant combinations must be secured by all assets of the Awardee.
    (i) RUS must be given an exclusive first lien, in form and substance 
satisfactory to RUS, on all assets of the Awardee, including all 
revenues.
    (ii) RUS may share its first lien position with one or more lenders 
on a pari passu basis, except with respect to grant funds, if security 
arrangements are acceptable to RUS.
    (iii) Applicants must submit a certification that their prior lender 
or lienholder on any Awardee assets has already agreed to sign the RUS' 
standard intercreditor agreement or co-mortgage found on the Agency's 
web page.
    (iv) RUS will not share a lien position on assets with any related 
party or affiliate of the Awardee.
    (2) For Tribal entities and municipalities, RUS will develop 
appropriate security arrangements.
    (3) Unless otherwise approved by RUS in writing, all property and 
facilities purchased with award funds must be owned by the Awardee.
    (b) Grant security. The grant portion of the award must also be 
adequately secured, as determined by RUS.
    (1) The government must be provided an exclusive first lien on all 
grant funded assets during the service obligation of the grant, and 
thereafter any sale or disposition of grant assets must comply with the 
Uniform Administrative Requirements, Cost Principles, and Audit 
Requirements for Federal Awards, codified in 2 CFR part 200. Note that 
this part will apply to ALL grant funds of an Awardee, regardless of the 
entity status or type of organization.
    (2) All Awardees must repay the grant if the project is sold or 
transferred without receiving written approval from RUS during the 
service obligation of the grant.
    (c) Substitution of Collateral and Irrevocable Letter of Credit--(1) 
Loans and combination loan and grant. The Agency's standard loan/grant 
documents require that applicants pledge all assets and revenues of 
their operations as collateral. Applicants may propose other forms of 
collateral as long as the amount of the collateral is equal to the full 
amount of the loan. The collateral must be pledged to the Agency. 
Acceptable forms of substitute collateral are limited to following: 
Certificates of Deposit, with the Agency named as the beneficiary on the 
certificate, or Bonds with a AAA rating from an accredited rating 
agency. All other conditions of the standard loan documents will apply. 
A copy of the Substitution Documents can be found on the Agency's web 
page.
    (2) Grants. For grant-only applications, applicants may request that 
standard grant security arrangements be replaced with an Irrevocable 
Letter of Credit (ILOC), to ensure that the project is completed. The 
ILOC must be for the full amount of funding requested and must remain in 
place until project completion. If an ILOC is offered as security, 
applicants will not be required to provide financial projections, meet 
any financial ratios requirements as part of the application process, or 
submit the maps for their NFSAs. Although the ILOC will replace security 
for the grant security arrangements, all other requirements of the 
standard grant agreement will remain the same. A copy of the ILOC award 
documents can be found on the Agency's web page.



Sec.  1740.45  Advance of funds.

    RUS loan and grant advances are made at the request of the Awardee 
according to the procedures stipulated in the Award Documents. All non-
RUS funds, to include matching funds and cash provided in lieu of RUS 
loan funds, must be expended first, followed by loan funds and then 
grant funds, except for RUS-approved pre-application expenses. RUS may 
modify this requirement in the Federal Register or applicable funding 
opportunity notice. Grant funds, if any, will be used for eligible 
preapplication expenses only on the first advance request. Applications 
that do not account for such advance procedures in the pro forma five-
year forecast may be rejected.

[[Page 346]]



Sec.  1740.46  The Buy American preference and the Buy American requirement 
(Amended).

    The domestic content preference under this Program applies 
differently to two classes of awardees: those that are defined as Non-
Federal Entities under 2 CFR 200.1 and those that are not.
    (a) Non-Federal Entity awardees. Funding to Non-Federal Entities, 
defined pursuant to 2 CFR 200.1 as any State, local government, Indian 
Tribe, Institution of Higher Education, or nonprofit organization, shall 
be governed by the requirements of section 70914 of the Build America, 
Buy America Act (BABA) within the Infrastructure Investment and Jobs Act 
(IIJA).
    (b) All other awardees. Awardees shall use in connection with the 
expenditure of loan and grant funds only such unmanufactured articles, 
materials, and supplies, as have been mined or produced in the United 
States or in any eligible country, and only such manufactured articles, 
materials, and supplies as have been manufactured in the United States 
or in any eligible country, substantially all from articles, materials, 
or supplies mined, produced, or manufactured, as the case may be, in the 
United States or in any eligible country. For purposes of this section, 
an ``eligible country'' is any country that applies with respect to the 
United States an agreement ensuring reciprocal access for United States 
products and services and United States suppliers to the markets of that 
country, as determined by the United States Trade Representative. The 
Buy American regulations may be found at, and any requests for waiver 
must be submitted pursuant to, 7 CFR part 1787.

[88 FR 5726, Jan. 30, 2023]



Sec. Sec.  1740.47-1740.58  [Reserved]



             Subpart E_Application Submission and Evaluation



Sec.  1740.59  Application submission.

    (a) Applications must be submitted through the Agency's online 
application system.
    (b) The Agency may publish additional application submission 
requirements in a notice in the Federal Register.
    (c) Unless otherwise identified in the notice, applicants can only 
submit one application under any funding window.



Sec.  1740.60  Elements of a complete application.

    (a) Online application system. All applications under this 
regulation must be submitted through the RUS Online Application System 
located on the Agency's web page. Additional information can be found in 
the Application Guide found on the Agency's web page.
    (b) System for Award Management (SAM). Prior to submitting an 
application, the applicant must register in SAM and also obtain a unique 
entity identifier (UEI) as part of the registration process. Applicants 
can register and obtain the UEI at https://www.sam.gov/content/home. SAM 
registration must be active with current data at all times, from the 
application review throughout the active Federal award funding period. 
To maintain active SAM registration, the applicant must review and 
update the information in the SAM database annually from the date of 
initial registration or from the date of the last update or renewal. The 
applicant must ensure that the information in the database is current, 
accurate, and complete. The UEI of the applicant must be included in the 
application.
    (c) Contents of the application. A complete application will include 
the following information as requested in the RUS Online Application 
System and application guide:
    (1) General information on the applicant and the project including:
    (i) A description of the project, that will be made public, 
consistent with the requirements herein; and
    (ii) The estimated dollar amount of the funding request.
    (2) An executive summary that includes, but is not be limited to, a 
detailed description of existing operations, discussion about key 
management, description of the workforce, description of interactions 
between any parent, affiliated or subsidiary operation, a detailed 
description of the proposed project, and the source of the matching and 
other funds;

[[Page 347]]

    (3) A description of the PFSA including the number of premises 
passed;
    (4) Subscriber projections including the number of subscribers for 
broadband, video and voice services and any other service that may be 
offered. A description of the proposed service offerings and the 
associated pricing plan that the applicant proposes to offer;
    (5) A map, utilizing the RUS mapping tool located on the Agency's 
web page, of the PFSAs identifying the areas without sufficient access 
to broadband and any NFSA of the applicant. If an applicant has multiple 
NFSAs, they can elect to submit each NFSA individually or they can 
submit them as a single file through the mapping tool;
    (6) A description of the advertised prices of service offerings by 
competitors in the same area;
    (7) A network design and all supporting information as detailed in 
Sec.  1740.64.
    (8) Resumes of key management personnel, a description of the 
organization's readiness to manage a broadband services network, and an 
organizational chart showing all parent organizations and/or holding 
companies (including parents of parents, etc.), and all subsidiaries and 
affiliates;
    (9) A legal opinion that:
    (i) Addresses the applicant's ability to enter into the award 
documents;
    (ii) Describes all material pending litigation matters;
    (iii) Addresses the applicant's ability to pledge security as 
required by the award documents; and
    (iv) Addresses the applicant's ability to provide broadband service 
under state or tribal law.
    (10) Summary and itemized budgets of the infrastructure costs of the 
proposed project, including if applicable, the ratio of loans to grants, 
and any other sources of outside funding. The summary must also detail 
the amount of matching and other funds and the source of these funds. If 
the matching and other funds are coming from a third party, a commitment 
letter and support that the funds are available must also be submitted. 
Matching and other funds must be deposited into the RUS Pledged Deposit 
Account at the closing of the award;
    (11) A detailed description of working capital requirements and the 
sources of those funds;
    (12) Unqualified, audited financial statements from the date the 
application is submitted as detailed in Sec.  1740.63;
    (13) The historical and projected financial information required in 
Sec.  1740.63;
    (14) All information and attachments required in the RUS Online 
application system;
    (15) A scoring sheet, analyzing any scoring criteria set forth in 
the funding announcement opening the application window;
    (16) A list of all the applicant's outstanding and contingent 
obligations as required in Sec.  1740.63;
    (17) All environmental information as required by Sec.  1740.27;
    (18) Certification from the applicant that agreements with, or 
obligations to, investors do not breach the obligations to the 
government under the standard Award Documents located on the Agency's 
web page, especially distribution requirements, and that any such 
agreements will be amended so that such obligations are made contingent 
to compliance with the Award Documents. Such certification should also 
specifically identify which, if any, provisions would need to be 
amended;
    (19) If service is being proposed on or over Tribal Land, a Tribal 
Government Resolution of Consent from the Tribal Council of the Tribal 
Government with jurisdiction over the Tribal Lands at issue must be 
provided to show that they are in support of the project and will allow 
construction to take place on Tribal Land. The certification must:
    (i) Include a description of the land proposed for use as part of 
the proposed project;
    (ii) Identify whether the land is owned, held in Trust, land held in 
fee simple by the Tribe, or land under a long-term lease by the Tribe;
    (iii) If owned, identify the landowner; and
    (iv) Provide a commitment in writing from the landowner authorizing 
the applicant's use of that land for the proposed project; and

[[Page 348]]

    (20) Additional items that may be required by the Administrator 
through a notice in the Federal Register.
    (d) Material representations. The application, including 
certifications, and all forms submitted as part of the application will 
be treated as material representations upon which RUS will rely in 
awarding grants and loans.

[86 FR 11609, Feb. 26, 2021, as amended at 88 FR 5726, Jan. 30, 2023]



Sec.  1740.61  Evaluation for technical and financial feasibility.

    (a) A project is financially feasible when the applicant 
demonstrates to the satisfaction of RUS that it will be able to generate 
sufficient revenues to cover expenses; will have sufficient cash flow to 
service all debts and obligations as they come due; will have a positive 
ending cash balance as reflected on the cash flow statement for each 
year of the forecast period; and, by the end of the forecast period, 
will meet at least two of the following requirements: A minimum TIER 
requirement of 1.2, a minimum DSCR requirement of 1.2, and a minimum 
current ratio of 1.2. In addition, applicants must demonstrate positive 
cash flow from operations at the end of the forecast period.
    (b) For any funding option that includes grant funds, evaluation 
criteria for scoring the application will be included in the Federal 
Register notice that opens an application window. Grant applications 
submitted for a certain category will be ranked and awarded based only 
on those applications included in that category.
    (c) The Agency will determine technical feasibility by evaluating 
the Applicant's network design and other relevant information in the 
application.



Sec.  1740.62  Evaluation of Awardee operations.

    (a) RUS may send a team to the awardee's facilities to complete a 
Management Analysis Profile (MAP) of the entire operation. MAPs are used 
by RUS as a means of evaluating an Awardee's strengths and weaknesses 
and ensuring that awardees are prepared to fulfil the terms of the 
award. Once an applicant accepts an award offer, RUS may schedule a site 
visit as soon as possible.
    (b) RUS reserves the right not to advance funds until the MAP has 
been completed. If the MAP identifies issues that can affect the 
operation and completion of the project, those issues must be addressed 
to the satisfaction of RUS before funds can be advanced. Funding may be 
rescinded if following a MAP, the agency determines that the awardee 
will be unable to meet the requirements of the award.



Sec.  1740.63  Financial information.

    (a) The Applicant must submit financial information acceptable to 
the Agency that demonstrates that the Applicant has the financial 
capacity to fulfill the grant, loan, and loan/grant combination 
requirements in this part and to successfully complete the proposed 
project.
    (1) Applicants subject to 2 CFR part 200 must submit an audited 
financial statement for the previous year from the date the application 
is submitted. If an application is submitted and the most recent year-
end audit has not been completed, the applicant can use the previous 
audit that has been completed.
    (2) Applicants not subject to 2 CFR part 200 must submit 
unqualified, comparative, audited financial statements for the previous 
year from the date the application is submitted. If an application is 
submitted and the most recent year-end audit has not been completed, the 
applicant can submit the previous unqualified audit that has been 
completed. If qualified audits containing a disclaimer or adverse 
opinion are submitted, the application will not be considered.
    (i) An applicant can use the consolidated audit of a parent as long 
as the parent fully guarantees the loan, or in the case of a grant, 
guarantees that construction will be completed as approved in the 
application or will repay the grant to RUS.
    (ii) If the applicant has more than one parent, then each parent's 
audits must be submitted, and each parent must fully guarantee the 
award.

[[Page 349]]

    (iii) For governmental entities, financial statements must be 
accompanied with certifications as to unrestricted cash that may be 
available on a yearly basis to the applicant.
    (3) Applicants must provide detailed information for all outstanding 
and contingent obligations. Copies of existing notes, loan and security 
agreements, guarantees, any existing management or service agreements, 
and any other agreements with parents, subsidiaries and affiliates, 
including but not limited to debt instruments that use the applicant's 
assets, revenues or stock as collateral must be included in the 
application.
    (4) Applicants must provide evidence of all funding, other than the 
RUS award, necessary to support the project, such as bank account 
statements, firm letters of commitment from equity participants, or 
outside loans, which must evidence the timely availability of funds. If 
outside loans are used to cover any matching requirement, they may only 
be secured by assets other than those used for collateral under this 
regulation. Equity partners that are not specifically identified by name 
will not be considered in the financial analysis of the application. If 
the application states that other funds are required for the broadband 
project in addition to the Program funding requested, evidence must be 
included in the application identifying the source of funds and when the 
funds will be available. If the additional funding is not clearly 
identified, the application may not be considered for an award. If the 
applicant is providing non-telecommunication services and is proposing 
expansion to those services and states that additional funds are 
required to support sustainability of the overall operation of the 
applicant, then evidence must be submitted supporting the availability 
of these funds or the application may not be considered for funding.
    (5) Historical financial statements for the last four years 
consisting of a balance sheet, income statement, and cash flow statement 
must be provided. If an entity has not been operating for four years, 
historical statements for the period of time the entity has been 
operating are acceptable.
    (6) Pro Forma financial analysis prepared in conformity with GAAP 
and the Agency's guidance on grant accounting can be found at https://
www.rd.usda.gov/files/AccountingGuidance10.pdf. The Pro Forma should 
validate the sustainability of the project by including subscriber 
estimates related to all proposed service offerings; annual financial 
projections with balance sheets, income statements, and cash flow 
statements; supporting assumptions for a five-year forecast period and a 
depreciation schedule for existing facilities, those facilities funded 
with federal assistance, matching funds, and other funds. This pro forma 
should indicate the committed sources of capital funding and include a 
bridge year prior to the start of the forecast period. This bridge year 
shall be used as a buffer between the historical financial information 
and the forecast period and is the year in which the application is 
submitted.
    (i) The financial projections must demonstrate that by the end of 
the forecast period, the project will meet at least two of the 
requirements described in Sec.  1740.61(a).
    (ii) The financial projections must also demonstrate positive cash 
flow from operations at the end of the forecast period.
    (iii) Based on the financial evaluation, additional conditions may 
be added to the Award documents to ensure financial feasibility and 
security on the award.
    (b) Publicly traded companies that have a bond rating from Moody's, 
Standard and Poor's, or Fitch of Investment Grade at the time an 
application is submitted do not have to complete the pro forma financial 
projections. In addition, applicants with this classification that elect 
not to submit financial projections do not need to submit NFSAs.

[86 FR 11609, Feb. 26, 2021, as amended at 88 FR 5727, Jan. 30, 2023]



Sec.  1740.64  Network design.

    (a) Only projects that RUS determines to be technically feasible 
will be eligible for an award.

[[Page 350]]

    (b) The network design must include a description of the proposed 
technology used to deliver the broadband service, demonstrating that all 
premises in the PFSA can be offered broadband service; a network 
diagram, identifying cable routes, wireless access points, and any other 
equipment required to operate the network; a buildout timeline and 
milestones for implementation of the project; and a capital investment 
schedule showing that the system can be built within five years. All of 
these items must be certified by a professional engineer who is 
certified in at least one of the states where there is or will be 
project construction. The certification from the professional engineer 
must clearly state that the proposed network can deliver the broadband 
service to all premises in the PFSA at the minimum required service 
level. In addition, a list of all required licenses and regulatory 
approvals needed for the proposed project and how much the applicant 
will rely on contractors or vendors to deploy the network facilities 
must be submitted. Note that in preparing budget costs for equipment and 
materials, RUS' Buy American requirements apply, as referenced in Sec.  
1740.46.



Sec. Sec.  1740.65-1740.76  [Reserved]



               Subpart F_Closing, Servicing, and Reporting



Sec.  1740.77  Offer and closing.

    Successful applicants will receive an offer letter and award 
documents from RUS following award notification. Applicants may view 
sample award documents on the Agency's web page.



Sec.  1740.78  Construction.

    (a) All project assets must comply with 7 CFR part 1788 and 7 CFR 
part 1970, the Program Construction Procedures located on the Agency's 
web page, any successor regulations found on the agency's website, and 
any other guidance from the Agency.
    (b) The build-out of the project must be completed within five years 
from the date funds are made available. Build-out is considered complete 
when the network design has been fully implemented, the service 
operations and management systems infrastructure is operational, and the 
awardee is ready to support the activation and commissioning of 
individual customers to the new system.



Sec.  1740.79  Servicing of grants, loans and loan/grant combinations.

    (a) Awardees must make payments on the loan as required in the note 
and Award Documents.
    (b) Awardees must comply with all terms, conditions, affirmative 
covenants, and negative covenants contained in the Award Documents.
    (c) The sale or lease of any portion of the Awardee's facilities 
must be approved in writing by RUS prior to initiating the sale or 
lease.



Sec.  1740.80  Accounting, monitoring, and reporting requirements.

    (a) Awardees must adopt a system of accounts for maintaining 
financial records acceptable to the Agency, as described in 7 CFR part 
1770, subpart B.
    (b) Awardees subject to 2 CFR part 200 must submit annual audited 
financial statements along with a report on compliance and on internal 
control over financial reporting, in accordance with 2 CFR part 200, 
subpart F.
    (c) Awardees not subject to 2 CFR part 200 must submit annual 
comparable audited financial statements along with a report on 
compliance and on internal control over financial reporting in 
accordance with the requirements of 7 CFR part 1773 using the RUS' 
online reporting system. The Certified Public Accountant (CPA) 
conducting the annual audit is selected by the borrower and must be 
satisfactory to RUS as set forth in 7 CFR 1773, subpart B, ``RUS Audit 
Requirements.''
    (d) Thirty (30) calendar days after the end of each calendar year 
quarter, Awardees must submit to RUS, balance sheets, income statements, 
statements of cash flow, rate package summaries, and the number of 
customers taking broadband service on a per community basis utilizing 
RUS' on-line reporting system. These reports must be submitted 
throughout the loan amortization period or for the economic life of the 
facilities funded with a grant.
    (e) Awardees will be required to submit annually updated service 
area

[[Page 351]]

maps through the RUS mapping tool showing the areas where construction 
has been completed and premises are receiving service until the entire 
PFSA can receive the broadband service. At the end of the project, 
Awardees must submit a service area map indicating that all construction 
has been completed as proposed in the application. If parts of the PFSA 
have not been constructed, RUS may require a portion of the award to be 
rescinded or paid back.
    (f) Awardees must comply with all reasonable Agency requests to 
support ongoing monitoring efforts. The Awardee shall afford RUS, 
through its representatives, reasonable opportunity, at all times during 
business hours and upon prior notice, to have access to and the right to 
inspect: The Broadband System, any other property encumbered by the 
Award Documents, any and all books, records, accounts, invoices, 
contracts, leases, payrolls, timesheets, cancelled checks, statements, 
and other documents (electronic or paper, of every kind) belonging to or 
in the possession of the Awardee or in any way pertaining to its 
property or business, including its subsidiaries, if any, and to make 
copies or extracts thereof.
    (g) Awardee records shall be retained and preserved in accordance 
with the provisions of 7 CFR part 1770, subpart A.
    (h) Awardees receiving assistance under this part will be required 
to submit annual reports for three (3) years after the completion of 
construction. The reports must include the following information:
    (1) Existing network service improvements and facility upgrades, as 
well as new equipment and capacity enhancements that support high-speed 
broadband access for educational institutions, health care providers, 
and public safety service providers;
    (2) The estimated number of end users who are currently using or 
forecasted to use the new or upgraded infrastructure;
    (3) The progress towards fulfilling the objectives for which the 
assistance was granted;
    (4) The number and geospatial location of residences and businesses 
that will receive new broadband service;
    (5) The speed and price of the Awardee's broadband service 
offerings; and
    (6) The average price of broadband service in the Project's service 
area.

[86 FR 11609, Feb. 26, 2021, as amended at 88 FR 5727, Jan. 30, 2023]



Sec.  1740.81  Default and de-obligation.

    RUS reserves the right to deobligate awards to Awardees under this 
part that demonstrate an insufficient level of performance, wasteful or 
fraudulent spending, or noncompliance with environmental and historic 
preservation requirements.



Sec. Sec.  1740.82-1740.93  [Reserved]



          Subpart G_Other Information and Federal Requirements



Sec.  1740.94  Confidentiality of Applicant information.

    Applicants are encouraged to identify and label any confidential and 
proprietary information contained in their applications. The Agency will 
protect confidential and proprietary information from public disclosure 
to the fullest extent authorized by applicable law, including the 
Freedom of Information Act, as amended (5 U.S.C. 552), the Trade Secrets 
Act, as amended (18 U.S.C. 1905), the Economic Espionage Act of 1996 (18 
U.S.C. 1831 et seq.), and CALEA (47 U.S.C. 1001 et seq.). Applicants 
should be aware, however, that this program requires substantial 
transparency. For example, RUS is required to make publicly available on 
the internet a list of each entity that has applied for a loan or grant, 
a description of each application, the status of each application, the 
name of each entity receiving funds, and the purpose for which the 
entity is receiving the funds.



Sec.  1740.95  Compliance with applicable laws.

    Any recipient of funds under this regulation shall be required to 
comply with all applicable federal, tribal and state laws, including but 
not limited to:
    (a) The Architectural Barriers Act of 1968, as amended (42 U.S.C. 
4151 et seq.);

[[Page 352]]

    (b) The Uniform Federal Accessibility Standards (UFAS) (Appendix A 
to 41 CFR subpart 101-19.6); and
    (c) All applicable federal, tribal and state communications laws and 
regulations, including, for example, the Communications Act of 1934, as 
amended, (47 U.S.C. 151 et seq.) the Telecommunications Act of 1996, as 
amended (Pub. L. 104-104, 110 Stat. 56 (1996), and CALEA. For further 
information, see http://www.fcc.gov.



Sec. Sec.  1740.96-1740.99  [Reserved]



Sec.  1740.100  OMB control number.

    The information collection requirements in this part are approved by 
the Office of Management and Budget (OMB) and assigned OMB control 
number 0572-0152.



PART 1741_PRE-LOAN POLICIES AND PROCEDURES FOR INSURED TELEPHONE LOANS 
[RESERVED]--Table of Contents







PART 1744_POST-LOAN POLICIES AND PROCEDURES COMMON TO GUARANTEED 
AND INSURED TELEPHONE LOANS--Table of Contents



Subpart A [Reserved]

         Subpart B_Lien Accommodations and Subordination Policy

Sec.
1744.20 General.
1744.21 Definitions.
1744.22-1744.29 [Reserved]
1744.30 Automatic lien accommodations.
1744.31-1744.39 [Reserved]
1744.40 Act purposes.
1744.41-1744.49 [Reserved]
1744.50 Non-Act purposes.
1744.51-1744.54 [Reserved]
1744.55 Application procedures.
1744.56-1744.59 [Reserved]

Appendix A to Subpart B of Part 1744--Statement, Certification, and 
          Agreement of Borrower's President of Board of Directors 
          Regarding Refinancing and Refunding Notes Pursuant to 7 CFR 
          1744.30(c)
Appendix B to Subpart B of Part 1744--Certification of Independent 
          Certified Public Accountant Regarding Notes To Be Issued 
          Pursuant to 7 CFR 1744.30(c)
Appendix C to Subpart B of Part 1744--Statement, Certification, and 
          Agreement of Borrower's President of Board of Directors 
          Regarding Notes To Be Issued Pursuant to 7 CFR 1744.30(d)
Appendix D to Subpart B of Part 1744--Certification of Independent 
          Certified Public Accountant Regarding Notes To Be Issued 
          Pursuant to 7 CFR 1744.30
Appendix E to Subpart B of Part 1744--Statement, Certification, and 
          Agreement of Borrower's President of Board of Directors 
          Regarding Notes To Be Issued Pursuant to 7 CFR 1744.30(e)
Appendix F to Subpart B of Part 1744--Form of Supplemental Mortgage

               Subpart C_Advance and Disbursement of Funds

1744.60 General.
1744.61 [Reserved]
1744.62 Introduction.
1744.63 The telephone loan budget.
1744.64 Budget adjustment.
1744.65 The construction fund.
1744.66 The financial requirement statement (FRS).
1744.67 Temporary excess construction funds.
1744.68 Order and method of advances of telephone loan funds.
1744.69 [Reserved]

Subpart D [Reserved]

                     Subpart E_Borrower Investments

1744.200 General statement.
1744.201 Definitions.
1744.202 Borrowers may make qualified investments without prior approval 
          of the Administrator.
1744.203 Establishing amount of rural development investment.
1744.204 Rural development investments that do not meet the ratio 
          requirements.
1744.205 Determinations and application of limitations described in 
          Sec.  1744.202.
1744.206 Effect of subsequent failure to maintain ratios.
1744.207 Investment not to jeopardize loan security.
1744.208 Rural development investments before November 28, 1990.
1744.209 Records.
1744.210 Effect of this subpart on RUS loan contract and mortgage.

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

    Source: 55 FR 39396, Sept. 27, 1990, unless otherwise noted.

Subpart A [Reserved]

[[Page 353]]



         Subpart B_Lien Accommodations and Subordination Policy

    Source: 51 FR 32430, Sept. 12, 1986, unless otherwise noted. 
Redesignated at 55 FR 39396, Sept. 27, 1990.



Sec.  1744.20  General.

    (a) Recent changes in the telecommunications industry, including 
deregulation and technological developments, have caused Rural Utilities 
Service (RUS) borrowers and other organizations providing 
telecommunications services to consider undertaking projects that 
provide new telecommunications services and other telecommunications 
services not ordinarily financed by RUS. Although some of these services 
may not be eligible for financing under the Rural Electrification Act of 
1936 (RE Act), these services may nevertheless advance RE Act objectives 
where the borrower obtains financing from private lenders. The 
borrower's financial strength and the assurance of repayment of 
outstanding Government debt may be improved as a result of providing 
such telecommunications services.
    (b) To facilitate the financing of new services and other services 
not ordinarily financed by RUS, RUS is willing to consider accommodating 
the Government's lien on telecommunications borrowers' systems or 
accommodating or subordinating the Government's lien on after-acquired 
property of telecommunications borrowers. To expedite this process, 
requests for lien accommodations meeting the requirements of Sec.  
1744.30 will receive automatic approval from RUS.
    (c) This subpart establishes RUS policy with respect to all requests 
for lien accommodations and subordinations for loans from private 
lenders. For borrowers that do not qualify for automatic lien 
accommodations in accordance with Sec.  1744.30, RUS will consider lien 
accommodations for RE Act purposes under Sec.  1744.40 and non-Act 
purposes under Sec.  1744.50.

[66 FR 41758, Aug. 9, 2001]



Sec.  1744.21  Definitions.

    The following definitions apply to this subpart:
    Administrator means the Administrator of RUS.
    Advance means transferring funds from RUS or a lender guaranteed by 
RUS to the borrower's construction fund.
    After-acquired property means property which is to be acquired by 
the borrower and which would be subject to the lien of the Government 
mortgage when acquired.
    Amortization expense means the sum of the balances of the following 
accounts of the borrower:

------------------------------------------------------------------------
                        Account names                            Number
------------------------------------------------------------------------
(1) Amortization expense.....................................     6560.2
(2) Amortization expense--tangible...........................       6563
(3) Amortization expense--intangible.........................       6564
(4) Amortization expense--other..............................       6565
------------------------------------------------------------------------

    Note: All references to account numbers are to the Uniform System of 
Accounts (7 CFR part 1770, subpart B).

    Asset means a future economic benefit obtained or controlled by the 
borrower as a result of past transactions or events.
    Automatic lien accommodation means the approval, by RUS, of a 
request to share the Government's lien on a pari passu or pro-rata basis 
with a private lender in accordance with the provisions of Sec.  
1744.30.
    Borrower means any organization that has an outstanding 
telecommunications loan made or guaranteed by RUS, or that is seeking 
such financing. See 7 CFR part 1735.
    Construction Fund means the RUS Construction Fund Account into which 
all advances of loan funds are deposited pursuant to the provisions of 
the loan documents.
    Debt Service Coverage (DSC) ratio means the ratio of the sum of the 
borrower's net income, depreciation and amortization expense, and 
interest expense, all divided by the sum of all payments of principal 
and interest required to be paid by the borrower during the year on all 
its debt from any source with a maturity greater than 1 year and capital 
lease obligations.
    Default means any event or occurrence which, unless corrected, will,

[[Page 354]]

with the passage of time and the giving of proper notices, give rise to 
remedies under one or more of the loan documents.
    Depreciation expense means the sum of the balances of the following 
accounts of the borrower:

------------------------------------------------------------------------
                        Account names                            Number
------------------------------------------------------------------------
(1) Depreciation expense.....................................     6560.1
(2) Depreciation expense--telecommunications plant in service       6561
(3) Depreciation expense--property held for future                  6562
 telecommunications use......................................
------------------------------------------------------------------------

    Note: All references to account numbers are to the Uniform System of 
Accounts (7 CFR part 1770, subpart B).

    Disbursement means a transfer of money by the borrower out of the 
construction fund in accordance with the provisions of the fund.
    Equity percentage means the total equity or net worth of the 
borrower expressed as a percentage of the borrower's total assets.
    FFB means the Federal Financing Bank.
    Financial Requirement Statement (FRS) means RUS Form 481 (OMB--No. 
0572--0023). (This RUS Form is available from RUS, Program Development 
and Regulatory Analysis, Washington, DC 20250-1522).
    Government mortgage means any instrument to which the Government, 
acting through the Administrator, is a party and which creates a lien or 
security interest in the borrower's property in connection with a loan 
made or guaranteed by RUS whether the Government is the sole mortgagee 
or is a co-mortgagee with a private lender.
    Hardship loan means a loan made by RUS under section 305(d)(1) of 
the RE Act.
    Interim construction means the purchase of equipment or the conduct 
of construction under an RUS-approved plan of interim financing. See 7 
CFR part 1737.
    Interest expense means the sum of the balances of the following 
accounts of the borrower:

------------------------------------------------------------------------
                        Account names                            Number
------------------------------------------------------------------------
(1) Interest and related items...............................       7500
(2) Interest on funded debt..................................       7510
(3) Interest expense--capital leases.........................       7520
(4) Amortization of debt issuance expense....................       7530
(5) Less Allowance for funds used during construction........      7340/
                                                                  7300.4
(6) Other interest deductions................................       7540
------------------------------------------------------------------------

    Note: All references to account numbers are to the Uniform System of 
Accounts (7 CFR part 1770, subpart B).

    Interim financing means funding for a project which RUS has 
acknowledged may be included in a loan, should said loan be approved, 
but for which RUS loan funds have not yet been made available.
    Lien accommodation means sharing the Government's lien on a pari 
passu or pro-rata basis with a private lender.
    Loan means any loan made or guaranteed by RUS.
    Loan documents means the loan contract, note and mortgage between 
the borrower and RUS and any associated document pertinent to a loan.
    Loan funds means the proceeds of a loan made or guaranteed by RUS.
    Material and supplies means any of the items properly recordable in 
the following account of the borrower:

------------------------------------------------------------------------
                        Account names                            Number
------------------------------------------------------------------------
(1) Material and Supplies....................................     1220.1
------------------------------------------------------------------------

    Note: All references to account numbers are to the Uniform System of 
Accounts (7 CFR part 1770, subpart B).

    Net income/Net margins means the sum of the balances of the 
following accounts of the borrower:

------------------------------------------------------------------------
               Account names                           Number
------------------------------------------------------------------------
(1) Local Network Services Revenues.......  5000 through 5069
(2) Network Access Services Revenues......  5080 through 5084
(3) Long Distance Network Services          5100 through 5169
 Revenues.
(4) Miscellaneous Revenues................  5200 through 5270
(5) Nonregulated Revenues.................  5280
(6) Less Uncollectible Revenues...........  5200 through 5302
(7) Less Plant Specific Operations Expense  6110 through 6441
(8) Less Plant Nonspecific Operations       6510 through 6565
 Expense.
(9) Less Customer Operations Expense......  6610 through 6623
(10) Less Corporate Operations Expense....  6710 through 6790
(11) Other Operating Income and Expense...  7100 through 7160
(12) Less Operating Taxes.................  7200 through 7250/7200.5
(13) Nonoperating Income and Expense......  7300 through 7370
(14) Less Nonoperating Taxes..............  7400 through 7450/7400.5
(15) Less Interest and Related Items......  7500 through 7540

[[Page 355]]

 
(16) Extraordinary Items..................  7600 through 7640/7600.4
(17) Jurisdictional Differences and         7910 through 7990
 Nonregulated Income Items.
------------------------------------------------------------------------

    Note: All references to account numbers are to the Uniform System of 
Accounts (7 CFR part 1770, subpart B).

    Net plant means the sum of the balances of the following accounts of 
the borrower:

------------------------------------------------------------------------
               Account names                           Number
------------------------------------------------------------------------
(1) Property, Plant and Equipment.........  2001 through 2007
(2) Less Depreciation and Amortization....  3100 through 3600
------------------------------------------------------------------------

    Note: All references to account numbers are to the Uniform System of 
Accounts (7 CFR part 1770, subpart B).

    Notes means evidence of indebtedness secured by or to be secured by 
the Government mortgage.
    Pari Passu means equably; ratably; without preference or precedence.
    Plant means any of the items properly recordable in the following 
accounts of the borrower:

------------------------------------------------------------------------
               Account names                           Number
------------------------------------------------------------------------
(1) Property, Plant and Equipment.........  2001 through 2007
------------------------------------------------------------------------

    Note: All references to account numbers are to the Uniform System of 
Accounts (7 CFR part 1770, subpart B).

    Private lender means any lender other than the RUS or the lender of 
a loan guaranteed by RUS.
    Private lender notes means the notes evidencing a private loan.
    Private loan means any loan made by a private lender.
    RE Act (Act) means the Rural Electrification Act of 1936 (7 U.S.C. 
901 et. seq.).
    RUS means the Rural Utilities Service, and includes its predecessor, 
the Rural Electrification Administration.
    RUS cost-of-money loan means a loan made under section 305(d)(2) of 
the RE Act.
    Subordination means allowing a private lender to have a lien on 
specific property which will have priority over the Government's lien on 
such property.
    Tangible plant means any of the items properly recordable in the 
following accounts of the borrower:

------------------------------------------------------------------------
               Account names                           Number
------------------------------------------------------------------------
(1) Telecommunications Plant in Service--   2110 through 2124
 General Support Assets.
(2) Telecommunications Plant in Service--   2210 through 2232
 Central Office Assets.
(3) Telecommunications Plant in Service--   2310 through 2362
 Information Origination/Termination
 Assets.
(4) Telecommunications Plant in Service--   2410 through 2441
 Cable and Wire Facilities Assets.
(5) Amortizable Tangible Assets...........  2680 through 2682
(6) Nonoperating Plant....................  2006
------------------------------------------------------------------------

    Note: All references to account numbers are to the Uniform System of 
Accounts (7 CFR part 1770, subpart B).

    Telecommunication services means any service for the transmission, 
emission, or reception of signals, sounds, information, images, or 
intelligence of any nature by optical waveguide, wire, radio, or other 
electromagnetic systems and shall include all facilities used in 
providing such service as well as the development, manufacture, sale, 
and distribution of such facilities.
    Times interest earned ratio (TIER) means the ratio of the borrower's 
net income or net margins plus interest expense, divided by said 
interest expense.
    Total assets means the sum of the balances of the following accounts 
of the borrower:

------------------------------------------------------------------------
               Account names                           Number
------------------------------------------------------------------------
(1) Current Assets........................  1100s through 1300s
(2) Noncurrent Assets.....................  1400s through 1500s
(3) Total telecommunications plant........  2001 through 2007
(4) Less accumulated depreciation.........  3100 through 3300s
(5) Less accumulated amortization.........  3400 through 3600s
------------------------------------------------------------------------

    Note: All references to account numbers are to the Uniform System of 
Accounts (7 CFR part 1770, subpart B).

    Total equity or net worth means the excess of a borrower's total 
assets over its total liabilities.
    Total liabilities means the sum of the balances of the following 
accounts of the borrower:

------------------------------------------------------------------------
               Account names                           Number
------------------------------------------------------------------------
(1) Current Liabilities...................  4010 through 4130.2
(2) Long-Term Debt........................  4210 through 4270.3
(3) Other Liabilities and Deferred Credits  4310 through 4370
------------------------------------------------------------------------


[[Page 356]]

    Note: All references to account numbers are to the Uniform System of 
Accounts (7 CFR part 1770, subpart B).

    Total long-term debt means the sum of the balances of the following 
accounts of the borrower:

------------------------------------------------------------------------
               Account names                           Number
------------------------------------------------------------------------
(1) Long-Term Debt........................  4210 through 4270.3
------------------------------------------------------------------------

    Note: All references to account numbers are to the Uniform System of 
Accounts (7 CFR part 1770, subpart B).

    Weighted-average life of the loans or notes means the average life 
of the loans or notes based on the proportion of original loan principal 
paid during each year of the loans or notes. It shall be determined by 
calculating the sum of all loan or note principal payments expressed as 
a fraction of the original loan or note principal amount, times the 
number of years and fractions of years elapsed at the time of each 
payment since issuance of the loan or note. For example, given a $5 
million loan, with a maturity of 5 years and equal principal payments of 
$1 million due on the anniversary date of the loan, the weighted-average 
life would be: (.2)(1 year) + (.2)(2 years) + (.2)(3 years) + (.2)(4 
years) + (.2)(5 years) = .2 years + .4 years + .6 years + .8 years + 1.0 
years = 3.0 years. If instead the loan had a balloon payment of $5 
million at the end of 5 years, the weighted-average life would be: ($5 
million/$5 million)(5 years) = 5 years.
    Weighted-average remaining life of the loans or notes means the 
remaining average life of the loans or notes based on the proportion of 
remaining loan or note principal expressed in years remaining to 
maturity of the loans or notes. It shall be determined by calculating 
the sum of the remaining principal payments of each loan or note 
expressed as a fraction of the total remaining loan or note amounts 
times the number of years and fraction of years remaining until maturity 
of the loan or note.
    Weighted-average remaining useful life of the assets means the 
estimated original average life of the assets to be acquired with the 
proceeds of the private lender notes expressed in years based on 
depreciation rates less the number of years those assets have been in 
service (or have been depreciated). It shall be determined by 
calculating the sum of each asset's remaining value expressed as a 
fraction of the total remaining value of the assets, times the estimated 
number of years and fraction of years remaining until the assets are 
fully depreciated.
    Wholly-owned subsidiary means a corporation owned 100 percent by the 
borrower.

[66 FR 41758, Aug. 9, 2001, as amended at 84 FR 59922, Nov. 7, 2019]



Sec. Sec.  1744.22-1744.29  [Reserved]



Sec.  1744.30  Automatic lien accommodations.

    (a) Purposes and requirements for approval. Automatic lien 
accommodations are available only for refinancing and refunding of notes 
secured by the borrower's existing Government mortgage; financing 
assets, to be owned by the borrower, to provide telecommunications 
services; or financing assets, to be owned by a wholly-owned subsidiary 
of the borrower, to provide telecommunications services in accordance 
with the procedures set forth in this section.
    (b) Private lender responsibility. The private lender is responsible 
for ensuring that its notes, for which an automatic lien accommodation 
has been approved as set forth in this section, are secured under the 
mortgage. The private lender is responsible for ensuring that the 
supplemental mortgage is a valid and binding instrument enforceable in 
accordance with its terms, and recorded and filed in accordance with 
applicable law. If the private lender determines that additional 
documents are required or that RUS must take additional actions to 
secure the notes under the mortgage, the private lender shall follow the 
procedures set forth in Sec.  1744.40 or Sec.  1744.50, as appropriate.
    (c) Refinancing and refunding. The Administrator will automatically 
approve a borrower's execution of private lender notes and the securing 
of such notes on a pari passu or pro-rata basis with all other notes 
secured under the Government mortgage, when such private lender notes 
are issued for the purpose of refinancing or refunding any notes

[[Page 357]]

secured under the Government mortgage, provided that all of the 
following conditions are met:
    (1) No default has occurred and is continuing under the Government 
mortgage;
    (2) The borrower has delivered to the Administrator, at least 10 
business days before the private lender notes are to be executed, a 
certification and agreement executed by the President of the borrower's 
Board of Directors, such certification and agreement to be substantially 
in the form set forth in Appendix A of this subpart, providing that:
    (i) No default has occurred and is continuing under the Government 
mortgage;
    (ii) The principal amount of such refinancing or refunding notes 
will not be greater than 112 percent of the then outstanding principal 
balance of the notes being refinanced or refunded;
    (iii) The weighted-average life of the private loan evidenced by the 
private lender notes will not exceed the weighted-average remaining life 
of the notes being refinanced or refunded;
    (iv) The private lender notes will provide for substantially level 
debt service or level principal amortization over a period not less than 
the original remaining years to maturity;
    (v) Except as provided in the Government mortgage, the borrower has 
not agreed to any restrictions or limitations on future loans from RUS; 
and
    (vi) If the private lender determines that a supplemental mortgage 
is necessary, the borrower will comply with those procedures contained 
in paragraph (h) of this section for the preparation, execution, and 
delivery of a supplemental mortgage and take such additional action as 
may be required to secure the notes under the Government mortgage.
    (d) Financing assets to be owned directly by a borrower. The 
Administrator will automatically approve a borrower's execution of 
private lender notes and the securing of such notes on a pari passu or 
pro-rata basis with all other notes secured under the Government 
mortgage, when such private lender notes are issued for the purpose of 
financing the purchase or construction of plant and material and 
supplies to provide telecommunication services and when such assets are 
to be owned and the telecommunications services are to be offered by the 
borrower, provided that all of the following conditions are met:
    (1) The borrower has achieved a TIER of not less than 1.5 and a DSC 
of not less than 1.25 for each of the borrower's two fiscal years 
immediately preceding the issuance of the private lender notes;
    (2) The ratio of the borrower's net plant to its total long-term 
debt at the end of any calendar month ending not more than 90 days prior 
to execution of the private lender notes is not less than 1.2, on a pro-
forma basis, after taking into account the effect of the private lender 
notes and additional plant on the total long-term debt of the borrower;
    (3) The borrower's equity percentage, as of the most recent fiscal 
year-end, was not less than 25 percent;
    (4) No default has occurred and is continuing under the Government 
mortgage;
    (5) The borrower has delivered to the Administrator, at least 10 
business days before the private lender notes are to be executed, a 
certification by an independent certified public accountant that the 
borrower has met each of the requirements in paragraphs (d)(1) and 
(d)(3) of this section, such certification to be substantially in the 
form in appendix B of this subpart; and
    (6) The borrower has delivered to the Administrator, at least 10 
business days before the private lender notes are to be executed, a 
certification and agreement executed by the President of the borrower's 
Board of Directors, such certification and agreement to be substantially 
in the form in appendix C of this subpart: provided, that:
    (i) The borrower has met each of the requirements in paragraphs 
(d)(2) and (d)(4) of this section;
    (ii) The proceeds of the private lender notes are to be used for the 
construction or purchase of the plant and materials and supplies to 
provide telecommunications services in accordance with this section and 
such construction or purchase is expected to be completed not later than 
4 years after execution of such notes;

[[Page 358]]

    (iii) The weighted-average life of the private loan evidenced by the 
private lender notes does not exceed the weighted-average remaining 
useful life of the assets being financed;
    (iv) The private lender notes will provide for substantially level 
debt service or level principal amortization over a period not less than 
the original remaining years to maturity;
    (v) All of the assets financed by the private loans will be 
purchased or otherwise procured in bona fide arm's length transactions;
    (vi) The financing agreement with the private lender will provide 
that the private lender shall cease the advance of funds upon receipt of 
written notification from RUS that the borrower is in default under the 
RUS loan documents;
    (vii) Except as provided in the Government mortgage, the borrower 
has not agreed to any restrictions or limitations on future loans from 
RUS; and
    (viii) If the private lender determines that a supplemental mortgage 
is necessary, the borrower will comply with those procedures set forth 
in paragraph (h) of this section for the preparation, execution, and 
delivery of a supplemental mortgage and take such additional action as 
may be required to secure the notes under the Government mortgage.
    (e) Financing assets to be owned by a wholly-owned subsidiary of the 
borrower. The Administrator will automatically approve a borrower's 
execution of private lender notes and the securing of such notes on a 
pari passu or pro-rata basis with all other notes secured under the 
Government mortgage, when such private lender notes are issued for the 
purpose of financing the purchase or construction of tangible plant and 
material and supplies to provide telecommunication services and when 
such services are to be offered and the associated tangible assets are 
to be owned by a wholly-owned subsidiary of the borrower, provided that 
all of the following conditions are met:
    (1) The borrower has achieved a TIER of not less than 2.5 and a DSC 
of not less than 1.5 for each of the borrower's two fiscal years 
immediately preceding the issuance of the private lender notes;
    (2) The ratio of the borrower's net plant to its total long-term 
debt at the end of any calendar month ending not more than 90 days prior 
to execution of the private lender notes is not less than 1.6, on a pro-
forma basis, after taking into account the effect of the private lender 
notes and additional plant on the total long-term debt of the borrower;
    (3) The borrower's equity percentage, as of the most recent fiscal 
year-end, was not less than 45 percent;
    (4) No default has occurred and is continuing under the Government 
mortgage;
    (5) The borrower has delivered to the Administrator, at least 10 
business days before the private lender notes are to be executed, a 
certification by an independent certified public accountant that the 
borrower has met each of the requirements in paragraphs (e)(1) and 
(e)(3) of this section, such certification to be substantially in the 
form in appendix D of this subpart; and
    (6) The borrower has delivered to the Administrator, at least 10 
business days before the private lender notes are to be executed, a 
certification and agreement executed by the President of the borrower's 
Board of Directors, such certification and agreement to be substantially 
in the form in appendix E of this subpart; providing that:
    (i) The borrower has met each of the requirements in paragraphs 
(e)(2) and (e)(4) of this section;
    (ii) The proceeds of the private lender notes are to be used for the 
construction or purchase of the tangible plant and materials and 
supplies to provide telecommunications services in accordance with this 
section and such construction or purchase is expected to be completed 
not later than 4 years after execution of such notes;
    (iii) The weighted-average life of the private loan evidenced by the 
private lender notes does not exceed the weighted-average remaining 
useful life of the assets being financed;
    (iv) The private lender notes will provide for substantially level 
debt service or level principal amortization over a period not less than 
the original remaining years to maturity;

[[Page 359]]

    (v) All of the assets financed by the private loans will be 
purchased or otherwise procured in bona fide arm's length transactions;
    (vi) The proceeds of the private lender notes will be lent to a 
wholly-owned subsidiary of the borrower pursuant to terms and conditions 
agreed upon by the borrower and subsidiary;
    (vii) The borrower will, whenever requested by RUS, provide RUS with 
a copy of the financing or guarantee agreement between the borrower and 
the subsidiary or any similar or related material including security 
instruments, loan contracts, or notes issued by the subsidiary to the 
borrower;
    (viii) The borrower will promptly report to the Administrator any 
default by the subsidiary or other actions that impair or may impair the 
subsidiary's ability to repay its loans;
    (ix) The financing agreement with the private lender will provide 
that the private lender shall cease the advance of funds upon receipt of 
written notification from RUS that the borrower is in default under the 
RUS loan documents;
    (x) Except as provided in the Government mortgage, the borrower has 
not agreed to any restrictions or limitations on future loans from RUS; 
and
    (xi) If the private lender determines that a supplemental mortgage 
is necessary, the borrower will comply with those procedures contained 
in paragraph (h) of this section for the preparation, execution, and 
delivery of a supplemental mortgage and take such additional action as 
may be required to secure the notes under the Government mortgage.
    (f) Borrower notification. The borrower shall notify RUS of its 
intention to obtain an automatic lien accommodation under Sec.  1744.30 
by providing the following:
    (1) The board resolution cited in Sec.  1744.55(b)(1) and the 
opinion of counsel cited in Sec.  1744.55(b)(2);
    (2) The applicable certification or certifications required by 
paragraph (c)(2); paragraphs (d)(5) and (d)(6); or paragraphs (e)(5) and 
(e)(6), respectively, of this section, in substantially the form 
contained in the applicable appendices to this subpart.
    (g) RUS acknowledgment. Within 5 business days of receipt of the 
completed certifications and any other information required under this 
section, RUS will review the information and provide written 
acknowledgment to the borrower and the private lender of its 
qualification for an automatic lien accommodation. Upon receipt of the 
acknowledgment, the borrower may execute the private lender notes.
    (h) Supplemental mortgage. If the private lender determines that a 
supplemental mortgage is required to secure the private lender notes on 
a pari passu or pro-rata basis with all other notes secured under the 
Government mortgage, the private lender may prepare the supplemental 
mortgage using the form attached as appendix F to this subpart or the 
borrower may request RUS to prepare such supplemental mortgage in 
accordance with the following procedures:
    (1) The private lender preparing the supplemental mortgage shall 
execute and forward the completed document to RUS. Upon ascertaining the 
correctness of the form and the information concerning RUS, RUS will 
execute and forward the supplemental mortgage to the borrower.
    (2) When requested by the borrower, RUS will expeditiously prepare 
the supplemental mortgage, using the form in appendix F to this subpart, 
upon submission by the private lender of:
    (i) The name of the private lender;
    (ii) The Property Schedule for inclusion as supplemental mortgage 
Schedule B, containing legally sufficient description of all real 
property owned by the borrower; and
    (iii) The amount of the private lender note.
    (3) The government is not responsible for ensuring that the 
supplemental mortgage has been executed by all parties and is a valid 
and binding instrument enforceable in accordance with its terms, and 
recorded and filed in accordance with applicable law. If the private 
lender determines that additional security instruments or other 
documents are required or that RUS must take additional actions to 
secure the private lender notes under the mortgage, the private lender 
shall follow the procedures established in

[[Page 360]]

Sec. Sec.  1744.40 or 1744.50, as appropriate. Except for the actions of 
the government expressly established in Sec.  1744.40, the government 
undertakes no obligation to effectuate an automatic lien accommodation. 
When processing of the supplemental mortgage has been completed to the 
satisfaction of the private lender, the borrower shall provide RUS with 
the following:
    (i) A fully executed counterpart of the supplemental mortgage, 
including all signatures, seals, and acknowledgements; and
    (ii) Copies of all opinions rendered by borrower's counsel to the 
private lender.
    (i) Other approvals. (1) The borrower is responsible for meeting all 
requirements necessary to issue private lender notes and to accommodate 
the lien of the Government mortgage to secure the private lender notes 
including, but not limited to, those of the private lender, of any other 
mortgagees secured under the existing RUS mortgage, and of any 
governmental entities with jurisdiction over the issuance of notes or 
the execution and delivery of the supplemental mortgage.
    (2) To the extent that the borrower's existing mortgage requires RUS 
approval before the borrower can make an investment in an affiliated 
company, approval is hereby given for all investments made in affiliated 
companies with the proceeds of private lender notes qualifying for an 
automatic lien accommodation under paragraph (e) of this section. Any 
reference to an approval by RUS under the mortgage shall apply only to 
the rights of RUS and not to any other party.

[66 FR 41760, Aug. 9, 2001]



Sec.  1744.40  Act purposes.

    (a) Borrowers are encouraged to submit requests for accommodation of 
the Government's lien on the borrower's system in order to facilitate 
obtaining financing from private lenders for purposes provided in the RE 
Act.
    (b) The Administrator will consider requests for the subordination 
of the Government's lien on after-acquired property which will enable 
borrowers to obtain financing from private lenders for purposes provided 
in the Act: Provided, however, that property integral to the operation 
of projects financed with loans made or guaranteed by RUS shall be 
financed with funds obtained through lien accommodations instead of lien 
subordinations, unless the Administrator determines that it is in the 
Government's interest to do otherwise.

[51 FR 32430, Sept. 12, 1986. Redesignated at 55 FR 39396, Sept. 27, 
1990, and further redesignated at 66 FR 41760, Aug. 9, 2001]



Sec. Sec.  1744.41-1744.49  [Reserved]



Sec.  1744.50  Non-Act purposes.

    (a) The Administrator will consider requests for the accommodation 
of the Government's lien on the borrower's system or the subordination 
of the Government's lien on after-acquired property which will enable 
the borrowers to obtain financing from private lenders for the purpose 
of providing new telecommunication services which may not be eligible 
for financing under the Act if the Administrator is satisfied that:
    (1) The borrower will have the ability to repay its existing and 
proposed indebtedness;
    (2) The security for outstanding Government loans and guarantees is 
reasonably adequate and will not be adversely affected by the 
accommodation or subordination; and
    (3) Approval of the request is in the interests of the Government 
with respect to the financial soundness of the borrower and other 
matters, such as assuring that the borrower's system is constructed 
cost-effectively using sound engineering practices.
    (b) In determining that the security for outstanding Government 
loans and guarantees is reasonably adequate and will not be adversely 
affected by the accommodation or subordination the Administrator will 
consider, among other matters, when applicable, the following:
    (1) Market forecasts for the project;
    (2) Projected revenues, expenses and net income of the borrower's 
existing system and the project;
    (3) Maximum debt service on indebtedness of both the borrower's 
system and the project;
    (4) Projected rate of return on the borrower's investment in the 
project;

[[Page 361]]

    (5) Fair market value of property acquired by the borrower as part 
of the project;
    (6) Impact of the project on the ratio of the borrower's secured 
debt to assets;
    (7) Projected growth in borrower's system and project equity; and
    (8) Amount of funds available for plant additions, replacements and 
other similar costs of the system and the project.
    (c) In determining whether the accommodation or subordination is in 
the interests of the Government, the Administrator may consider, among 
other matters, whether the project will improve the borrower's financial 
strength and the assurance of repayment of Government debt.

[51 FR 32430, Sept. 12, 1986. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 59 FR 43716, Aug. 25, 1994. Redesignated at 66 FR 
41760, Aug. 9, 2001, as amended at 66 FR 41763, Aug. 9, 2001]



Sec. Sec.  1744.51-1744.54  [Reserved]



Sec.  1744.55  Application procedures.

    (a) Requests for information regarding applications for lien 
accommodations or subordination under this part should be addressed to 
the Assistant Administrator, Telecommunications Program, Rural Utilities 
Service, Washington, DC 20250-1590.
    (b) An application for a lien accommodation or subordination shall 
include the following supporting information:
    (1) A board Resolution from the applicant requesting the lien 
accommodation or subordination and stating the general purpose for which 
the funds from the private lender will be used, the proposed amount of 
the loan, and the proposed terms and conditions of the loan;
    (2) An opinion from counsel representing the applicant that the 
applicant has the authority under its articles of incorporation, bylaws, 
and under applicable state law to undertake the project;
    (3) Engineering and pertinent studies related to the projects or 
purposes to be financed, when applicable;
    (4) Feasibility studies with pro forma financial statements showing 
the ability to repay the loan and provide an appropriate margin or net 
income;
    (5) Any other information or documentation deemed pertinent by the 
borrower or the Administrator in support of the application.
    (c) When the Administrator makes a determination that an application 
for an accommodation or subordination will not be approved the 
Administrator shall set forth the reasons therefor in writing and 
furnish such determination and reasons to the borrower within 30 days of 
the determination.

[51 FR 32430, Sept. 12, 1986. Redesignated at 55 FR 39396, Sept. 27, 
1990, and further redesignated at 66 FR 41760, Aug. 9, 2001, as amended 
at 66 FR 41763, Aug. 9, 2001]



Sec. Sec.  1744.56-1744.59  [Reserved]

[[Page 362]]



Sec. Appendix A to Subpart B of Part 1744--Statement, Certification, and 
   Agreement of Borrower's President of Board of Directors Regarding 
      Refinancing and Refunding Notes Pursuant to 7 CFR 1744.30(c)
[GRAPHIC] [TIFF OMITTED] TR09AU01.026


[66 FR 41763, Aug. 9, 2001]

[[Page 363]]



Sec. Appendix B to Subpart B of Part 1744--Certification of Independent 
 Certified Public Accountant Regarding Notes To Be Issued Pursuant to 7 
                             CFR 1744.30(c)
[GRAPHIC] [TIFF OMITTED] TR09AU01.027


[66 FR 41763, Aug. 9, 2001]

[[Page 364]]



Sec. Appendix C to Subpart B of Part 1744--Statement, Certification, and 
Agreement of Borrower's President of Board of Directors Regarding Notes 
                To Be Issued Pursuant to 7 CFR 1744.30(d)
[GRAPHIC] [TIFF OMITTED] TR09AU01.028


[66 FR 41763, Aug. 9, 2001]

[[Page 365]]



Sec. Appendix D to Subpart B of Part 1744--Certification of Independent 
 Certified Public Accountant Regarding Notes To Be Issued Pursuant to 7 
                               CFR 1744.30
[GRAPHIC] [TIFF OMITTED] TR09AU01.029


[66 FR 41763, Aug. 9, 2001]

[[Page 366]]



Sec. Appendix E to Subpart B of Part 1744--Statement, Certification, and 
Agreement of Borrower's President of Board of Directors Regarding Notes 
                To Be Issued Pursuant to 7 CFR 1744.30(e)
[GRAPHIC] [TIFF OMITTED] TR09AU01.030


[[Page 367]]


[GRAPHIC] [TIFF OMITTED] TR09AU01.031


[66 FR 41763, Aug. 9, 2001]

[[Page 368]]



Sec. Appendix F to Subpart B of Part 1744--Form of Supplemental Mortgage
[GRAPHIC] [TIFF OMITTED] TR09AU01.032


[[Page 369]]


[GRAPHIC] [TIFF OMITTED] TR09AU01.033


[[Page 370]]


[GRAPHIC] [TIFF OMITTED] TR09AU01.034


[66 FR 41763, Aug. 9, 2001]



               Subpart C_Advance and Disbursement of Funds

    Source: 54 FR 12186, Mar. 24, 1989, unless otherwise noted. 
Redesignated at 55 FR 39396, Sept. 27, 1990.



Sec.  1744.60  General.

    (a) The standard loan documents (as defined in 7 CFR part 1758) 
contain provisions regarding advances and disbursements of loan funds by 
telephone borrowers. This part implements certain of the provisions by 
setting forth requirements and procedures to be followed by borrowers in 
obtaining advances and making disbursements of loan and nonloan funds.
    (b) This part supersedes any sections of RUS Bulletins with which it 
is in conflict.



Sec.  1744.61  [Reserved]



Sec.  1744.62  Introduction.

    RUS is under no obligation to make or approve advances of loan funds 
unless the borrower is in compliance with all terms and conditions of 
the loan documents. The borrower shall use funds in its construction 
fund only to make disbursements approved by RUS.



Sec.  1744.63  The telephone loan budget.

    When the loan is made, RUS provides the borrower a Telephone Loan 
Budget, RUS Form 493. This budget divides the loan into budget accounts 
such as ``Engineering.'' When a contract or other document is approved 
by RUS, funds are encumbered from the appropriate budget account. See 7 
CFR part 1753.

[[Page 371]]



Sec.  1744.64  Budget adjustment.

    (a) If more funds are required than are available in a budget 
account, the borrower may request RUS's approval of a budget adjustment 
to use funds from another account. The request shall include an 
explanation of the change, the budget account to be used, and a 
description of how the adjustment will affect loan purposes. RUS will 
not approve a budget adjustment that affects other loan purposes unless 
the borrower satisfies RUS that the additional funds are available from 
another source, requests a deficiency loan, or scales back the project.
    (b) RUS may make a budget adjustment without a formal request by the 
borrower when a budget account is insufficient to encumber funds for a 
contract that otherwise would be approved by RUS. See 7 CFR part 1753.



Sec.  1744.65  The construction fund.

    (a) The construction fund is used by the borrower primarily to hold 
advances until disbursed.
    (b) All advances shall be deposited in the construction fund.
    (c) RUS may require that other funds be deposited in the 
construction fund. These may include equity or general fund 
contributions to construction, service termination payments, proceeds 
from the sale of property, amounts recovered from insurance for losses 
during the construction period, and interest received on loan funds in 
savings or interest bearing checking accounts, and similar receipts. 
Deposit slips for any deposit to the construction fund shall show the 
source and amount of funds deposited and be executed by an authorized 
representative of the bank.
    (d) Funds shall be disbursed only up to the amount approved for 
advance on the FRS as described in Sec.  1744.66. No funds may be 
withdrawn from the fund except for loan purposes approved by RUS.
    (e) The disbursement of nonloan funds requires the same RUS 
approvals as loan funds.
    (f) Disbursements must be evidenced by canceled checks. The invoices 
and supporting documentation needed for construction contracts are 
specified in the contracts and in 7 CFR part 1753. Disbursements to 
reimburse the borrower's general funds shall be documented by a 
reimbursement schedule, to be retained in the borrower's files, that 
lists the construction fund check number, date, and an explanation of 
amounts reimbursed by budget account.



Sec.  1744.66  The financial requirement statement (FRS).

    (a) To request advances, the borrower must submit to RUS an FRS, a 
description of the advances desired, and other information related to 
the transactions when required by RUS.
    (b) The FRS is used by RUS and the borrower to record and control 
transactions in the construction fund. Approved contracts and other 
items are shown on the FRS under ``Approved Purposes.'' Except as noted 
below, the amount approved for advance is 100 percent of the amount 
encumbered for that item. Funds are approved for advance as follows:
    (1) Construction--(i) Construction contracts and force account 
proposals. Ninety percent of the encumbered amount (95 percent for 
outside plant), with the final 10 percent (5 percent) approved when RUS 
approves the closeout documents. When a contract contains supplement 
``A'' (See 7 CFR part 1753), 90 percent (95 percent) of the contract is 
approved less materials supplied by the borrower. For the Supplement 
``A'' materials, which are a separate entry on the FRS, 100 percent of 
the material cost is approved.
    (ii) Work orders. The portion of the work order summary (See 7 CFR 
part 1753) determined by RUS to be for approved loan purposes.
    (iii) Work order fund. Based on a borrower's request as described in 
7 CFR part 1753.
    (iv) Real estate. Upon request by the borrower after submission of 
evidence of a valid title.
    (v) Right of way procurement. Based on the borrower's itemized 
costs.
    (vi) Joint use charges. Based on copies of invoices from the other 
utility.
    (2) Engineering--(i) Preloan engineering. Based on a final itemized 
invoice from the engineer.

[[Page 372]]

    (ii) Postloan engineering contracts. The amount shown on the 
engineering estimate, RUS Form 506, less the amount estimated for 
construction contract closeouts. The balance is approved when the 
engineering contract is closed.
    (iii) Force account engineering. Ninety percent of the total amount 
of the RUS approved force account engineering proposal. The balance is 
approved when the force account engineering proposal is closed.
    (3) Office equipment, vehicles and work equipment. Based on copies 
of invoices for the equipment.
    (4) General--(i) Organization and loan expenditures. Based on an 
itemized list of requirements prepared by the borrower.
    (ii) Construction overhead. Based on an itemized list of 
expenditures. If funds are required for employee salaries, the 
itemization shall include the employee's position, the period covered, 
total compensation for the period, and the portion of compensation 
attributable to the itemized construction.
    (iii) Legal fees. Based on itemized invoices from the attorney.
    (iv) Bank stock. Based on the requirements for purchase of class B 
Rural Telephone Bank stock established in the loan. Funds for class B 
stock will be advanced in an amount equal to 5 percent of the amount, 
exclusive of the amount for class B stock, of each loan advance, at the 
time of such advance.
    (5) Operating expenses--(i) Working capital--new system. Based on 
the borrower's itemized estimate.
    (ii) Current operating deficiencies. Based on a current and 
projected balance sheet submitted by the borrower.
    (6) Debt retirement and refinancing. Upon release of the loan, based 
on the amount in the approved budget.
    (7) Acquisitions. Based on final itemized costs, but cannot exceed 
the amount in the approved loan budget.
    (c) Funds other than loan funds deposited in the construction fund, 
which shall include proceeds from the sale of property on which RUS has 
a lien, (lines 10 and 11 on the FRS) are reported as a credit under 
total disbursements. Disbursements of these funds are subject to the 
same RUS approvals as loan funds.
    (d) The borrower shall request advances as needed to meet its 
obligations promptly. Generally, RUS does not approve an advance 
requested more than 60 days before the obligation is payable.
    (e) Funds should be disbursed for the item for which they were 
advanced. If the borrower needs to pay an invoice for which funds have 
not been advanced, and disbursement of advanced funds for another item 
has been delayed, the latter funds may be disbursed to pay the invoice 
up to the amount approved for advance for that item on the FRS. The 
borrower shall make erasable entries on the next FRS showing the changes 
under ``Total Advances to Date'' and shall explain the changes in 
writing before RUS will process the next FRS.
    (f) Advances will be rounded down to the nearest thousands of 
dollars except for final amounts.
    (g) The certification on each of the three copies of the FRS sent to 
RUS shall be signed by a corporate officer of manager authorized by 
resolution of the board of directors to sign such statements. At the 
time of such authorization a certified copy of the resolution and one 
copy of RUS Form 675, Certificate of Authority, shall be submitted to 
RUS.
    (h) The documentation required for the FRS transactions are the 
deposit slips, the canceled construction fund checks and the supporting 
invoices or reimbursement schedules. These shall be kept in the 
borrower's files for periodic audits by RUS.

[54 FR 12186, Mar. 24, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 56 FR 26600, June 10, 1991]



Sec.  1744.67  Temporary excess construction funds.

    (a) When unanticipated events delay the borrower's disbursement of 
advanced funds, the funds may be used as follows:
    (1) With RUS loan funds for loans approved prior to November 1, 
1993, or hardship loan funds, the borrower may invest the funds in 5 
percent Treasury Certificates of Indebtedness--RUS Series.

[[Page 373]]

    (2) With RUS cost-of-money or FFB loan funds, the following apply:
    (i) The borrower may invest the funds in short term securities 
issued by the United States Treasury.
    (ii) If permitted by state law, the borrower may deposit the funds 
in savings accounts, including certificates of deposit, of federally 
insured savings institutions.
    (3) Funds advanced by a guaranteed lender other than the FFB may, if 
so permitted by such lender, be invested under the terms and conditions 
described above for FFB advances.
    (4) Any security or investment made under this authorization shall 
identify the borrower by its corporate name followed by the words 
``Trustee, Rural Utilities Service.''
    (5) All temporary investments and all income derived from them shall 
be considered part of the construction fund and be subject to the same 
controls as cash in that account.
    (6) Securities and other investments shall have maturity dates or 
liquidating provisions that ensure the availability of funds as required 
for the completion of projects and the payment of obligations.
    (7) Any instrument evidencing a security or other investment herein 
authorized to be purchased or made, may not be sold, discounted, or 
pledged as collateral for a loan or as security for the performance of 
an obligation or for any other purpose.
    (8) The Administrator may, at his sole discretion, require a 
borrower to pledge any security or other evidence of investment 
authorized hereby by forwarding to him all pertinent instruments and 
related documentation as he may reasonably require.
    (9) Borrowers shall be responsible for the safekeeping of securities 
and other investments.
    (b) All interest and income received from investments of temporary 
excess funds, as described in this section, shall be deposited in the 
Construction Fund.
    (c) The borrower shall account for investment proceeds on the next 
FRS submitted to RUS. RUS will make the necessary adjustments on 
budgetary records.
    (d) The Administrator reserves the right to suspend any borrower's 
authorization to invest temporary excess funds contained herein if the 
borrower does not comply with the requirements.
    (e) For RUS loans approved prior to October 1, 1991, the borrower 
may return advanced funds to RUS as a refund of an advance. Interest 
stops accruing on the refunded advance upon receipt by RUS. A refunded 
advance may be readvanced. A refund of an advance shall be sent to the 
Rural Utilities Service, United States Department of Agriculture, 
Collections and Custodial Section, Washington, DC, 20250. The borrower 
should clearly indicate that this is a refund of an advance, and not a 
loan payment or prepayment.

[54 FR 12186, Mar. 24, 1989. Redesignated at 55 FR 39395, Sept. 27, 
1990, as amended at 58 FR 66257, Dec. 20, 1993; 84 FR 59922, Nov. 7, 
2019]



Sec.  1744.68  Order and method of advances of telephone loan funds.

    (a) Borrowers may specify the sequence of advances of funds under 
any combination of approved telephone loans from RUS or FFB, except that 
for all loans approved on or after November 1, 1993, the borrower may 
use loan funds:
    (1) Only for purposes for which that type of loan (i.e. Hardship, 
RUS cost-of-money, or FFB) may be made; and
    (2) Only in exchanges that qualify for the type of loan from which 
the funds are drawn.
    (b) The first or subsequent advances of loan funds may be 
conditioned on the satisfaction of certain requirements stated in the 
borrower's loan contract.
    (c) Normally, only one payment is made by the Automatic Clearing 
House (ACH) for an advance of funds.
    (d) Borrowers of RUS funds may request advances by wire service only 
for amounts greater than $500,000 or for advances to borrowers outside 
the Continental United States. FFB advances in any amount over $100,000 
can be sent by wire service.
    (e) The following information shall be included with the FRS:
    (1) Name and address of borrower's bank.

[[Page 374]]

    (2) If borrower's bank is not a member of the Federal Reserve 
System, the name and address of its correspondent bank that is a member 
of the Federal Reserve System.
    (3) American Bankers Association (ABA) nine digit identifier of the 
receiving banks (routing number and check digit).
    (4) Borrower's bank account title and number.
    (5) Any other necessary identifying information.

[54 FR 12186, Mar. 24, 1989. Redesignated at 55 FR 39395, Sept. 27, 
1990, as amended at 58 FR 66257, Dec. 20, 1993, as amended at 84 FR 
59922, Nov. 7, 2019]



Sec.  1744.69  [Reserved]

Subpart D [Reserved]



                     Subpart E_Borrower Investments

    Source: 58 FR 52642, Oct. 12, 1993, unless otherwise noted.



Sec.  1744.200  General statement.

    (a) RUS telephone borrowers are encouraged to utilize their own 
funds to participate in the economic development of rural areas, 
provided that such activity does not impair a borrower's ability to 
provide modern telecommunications services at reasonable rates or to 
repay its indebtedness to RUS and other lenders. When considering loans, 
investments, or guarantees, borrowers are expected to act in accordance 
with prudent business practices and in conformity with the laws of the 
jurisdictions in which they serve.
    (b) [Reserved]

[58 FR 52642, Oct. 12, 1993, as amended at 84 FR 59923, Nov. 7, 2019]



Sec.  1744.201  Definitions.

    As used in this subpart:
    Administrator means the Administrator of the Rural Utilities Service 
(RUS).
    Advance means any funds provided of which repayment is expected.
    Affiliated company means any organization that directly, or 
indirectly through one or more intermediaries, controls or is controlled 
by, or is under common control with, the borrower.
    Borrower means any organization which has an outstanding loan made 
by RUS or guaranteed by RUS, or which is seeking such financing.
    Extension of credit means to make loans or advances.
    Guarantee means to undertake collaterally to answer for the payment 
of another's debt or the performance of another's duty, liability, or 
obligation, including, without limitation, the obligations of affiliated 
companies. Some examples of such guarantees would include:
    (1) Guarantees of payment or collection on a note or other debt 
instrument;
    (2) Issuing performance bonds or completion bonds; or
    (3) Cosigning leases or other obligations of third parties.
    Maximum investment ratio means that the aggregate of all qualified 
investments by the borrower including the proposed qualified investment 
shall not be more than one-third of the net worth of the borrower.
    Minimum total assets ratio means the borrower's net worth is at 
least twenty percent of its total assets including the proposed 
qualified investment.
    Net plant means the sum of the balances of the following accounts of 
the borrower:

------------------------------------------------------------------------
                 Account Names                           Number
------------------------------------------------------------------------
(1) Telecommunications plant in service         2001
(2) Property held for future                    2002
 telecommunications use
(3) Telecommunications plant under              2003
 construction-short term
(4) Telecommunications plant under              2004
 construction-long term
(5) Telecommunications plant adjustment         2005
(6) Nonoperating plant                          2006
(7) Goodwill                                    2007
(8) Less accumulated depreciation               3100 through 3300s
(9) Less accumulated amortization               3400 through 3600s
------------------------------------------------------------------------
Note: All references to account numbers are to the Uniform System of
  Accounts (47 CFR part 32).

    Net worth means the sum of the balances of the following accounts of 
the borrower:

[[Page 375]]



------------------------------------------------------------------------
                 Account Names                           Number
------------------------------------------------------------------------
(1) Capital stock                               4510
(2) Additional paid-in capital                  4520
(3) Treasury stock                              4530
(4) Other capital                               4540
(5) Retained earnings                           4550
------------------------------------------------------------------------
Note: For nonprofit organizations, owners' equity is shown in
  subaccounts of 4540 and 4550. All references regarding account numbers
  are to the Uniform System of Accounts (47 CFR part 32).

    Qualified investment is defined in Sec.  1744.202(b).
    RE Act means the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901 et seq.).
    REA means the Rural Electrification Administration formerly an 
agency of the United States Department of Agriculture and predecessor 
agency to RUS with respect to administering certain electric and 
telephone loan programs.
    Rural development investment is defined in Sec.  1744.202(d).
    RUS means the Rural Utilities Service, an agency of the United 
States Department of Agriculture established pursuant to Section 232 of 
the Federal Crop Insurance Reform and Department of Agriculture 
Reorganization Act of 1994 (Pub. L. 103-354, 108 Stat. 3178), successor 
to REA with respect to administering certain electric and telephone 
programs. See 7 CFR 1700.1.
    RUS mortgage means the instrument creating a lien on or security 
interest in the borrower's assets in connection with a loan made or 
guaranteed under the RE Act.
    Total assets means the sum of the balances of the following accounts 
of the borrower:

------------------------------------------------------------------------
                 Account Names                           Number
------------------------------------------------------------------------
(1) Current assets                              1100s through 1300s
(2) Noncurrent assets                           1400s through 1500s
(3) Total telecommunications plant              2001 through 2007
(4) Less accumulated depreciation               3100 through 3300s
(5) Less accumulated amortization               3400 through 3600s
------------------------------------------------------------------------
Note: All references regarding account numbers are to the Uniform System
  of Accounts (47 CFR part 32).

    Uniform System of Accounts means the Federal Communications 
Commission Uniform System of Accounts for Telecommunications Companies 
(47 CFR part 32) as supplemented by 7 CFR Part 1770, Accounting 
Requirements for RUS Telephone Borrowers.

[58 FR 52642, Oct. 12, 1993, as amended at 59 FR 66440, Dec. 27, 1994; 
84 FR 59923, Nov. 7, 2019]



Sec.  1744.202  Borrowers may make qualified investments without prior 
approval of the Administrator.

    (a) A borrower that equals or exceeds the minimum total assets ratio 
may make a qualified investment, defined in paragraph (b) of this 
section without prior written approval of the Administrator.
    (b) A qualified investment is a rural development investment, 
defined in paragraph (d) of this section meeting the following criteria:
    (1) Unless the borrower's commitment is a guarantee, extension of 
credit, or advance, the borrower receives any financial return accruing 
to such investment, or the borrower's proportionate share of such 
return;
    (2) Unless the borrower's commitment is a guarantee, extension of 
credit, or advance, the borrower retains title to any asset acquired 
with such investment, or the borrower's proportionate share of such 
title; and
    (3) The funds committed are the borrower's own funds. As used in 
this subpart, the term own funds shall not include proceeds of loans 
made, guaranteed or lien accommodated by RUS; funds necessary to make 
timely payments of principal and interest on loans made, guaranteed or 
lien accommodated by RUS; and funds on deposit in the cash construction 
fund-trustee account, as defined in the borrower's loan contract with 
RUS.
    (c) A rural development investment will not be considered to be a 
qualified investment to the extent that the amount of such investments 
exceeds the borrower's maximum investment ratio.
    (d) A rural development investment is an investment, extension of 
credit, advance, or guarantee by a borrower for a period longer than one 
year and for one or more of the following purposes:
    (1) Improve the economic well-being of rural residents and alleviate 
the

[[Page 376]]

problems of low income, elderly, minority, and otherwise disadvantaged 
rural residents;
    (2) Improve the business and employment opportunities, occupational 
training and employment services, health care services, educational 
opportunities, energy utilization and availability, housing, 
transportation, community services, community facilities, water 
supplies, sewage and solid waste management systems, credit 
availability, and accessibility to and delivery of private and public 
financial resources in the maintenance and creation of jobs in rural 
areas;
    (3) Improve state and local government management capabilities, 
institutions, and programs related to rural development and expand 
educational and training opportunities for state and local officials, 
particularly in small rural communities;
    (4) Strengthen the family farm system; or
    (5) Maintain and protect the environment and natural resources of 
rural areas.
    (e) As used in paragraph (d) of this section, the term rural 
development investment shall include investments by a borrower in its 
own name, in affiliated companies, and in entities not affiliated with 
the borrower.



Sec.  1744.203  Establishing amount of rural development investment.

    For purposes of determining whether a rural development investment 
is within the limits of the borrower's maximum investment ratio or the 
minimum total assets ratio, the amount of the qualified investment shall 
be the total amount of funds committed to the rural development project 
as of the date of determination. The total amount of funds committed to 
the rural development project includes:
    (a) The principal amount of loans and advances made by the borrower;
    (b) Guarantees made by the borrower; and
    (c) A reasonable estimate of the amount the borrower is committed to 
provide to the rural development project in future years.



Sec.  1744.204  Rural development investments that do not meet 
the ratio requirements.

    (a) Each borrower is authorized to make investments other than 
qualified investments only in accordance with the provisions of the 
borrower's mortgage with RUS. Without RUS's approval, the portion of any 
investment of funds or commitment to invest funds for any rural 
development investment that will exceed the borrower's maximum 
investment ratio or cause the borrower to fall below the minimum total 
assets ratio, must comply with the provisions of the RUS mortgage.
    (b) RUS will consider, on a case-by-case basis, requests for 
approval of rural development investments not constituting qualified 
investments. RUS may condition such approval, if granted, on such 
requirements and restrictions as RUS may determine to be in the best 
interests of the Government, including, without limitation, the 
borrower's agreement to limit dividends or distributions of capital by 
an amount specified by RUS. Requests for such approvals must be 
submitted in writing to the relevant RUS regional office and shall 
include:
    (1) A description of the rural development project and the type of 
investment to be made, such as a loan, guarantee, stock purchase or 
equity investment;
    (2) A reasonable estimate of the amount the borrower is committed to 
provide to the rural development project including investments that may 
be required in the future; and
    (3) A pro forma balance sheet and cash flow statement for the period 
covering the borrower's future commitments to the rural development 
project.
    (c) In determining whether to approve a rural development investment 
that may cause the borrower to exceed the maximum investment ratio or to 
fall below the minimum total assets ratio in the future, RUS will 
consider annual increases to the borrower's net worth and total assets 
as might be reasonably anticipated from the borrower's normal 
operations.

[[Page 377]]



Sec.  1744.205  Determinations and application of limitations 
described in Sec.  1744.202.

    (a) RUS will not include qualified investments, including qualified 
investments in affiliated companies, in calculating the amount of 
dividend or capital distributions a borrower may make under its RUS 
mortgage.
    (b) A borrower's investment in its net plant shall not be considered 
a rural development investment for purposes of calculating the maximum 
investment ratio or the minimum total assets ratio.
    (c) The borrower's net worth and total assets shall be determined 
using the balances of the respective accounts of the borrower as of 
December 31 of the last complete calendar year preceding the date on 
which the borrower's maximum investment ratio and minimum total assets 
ratio are calculated.
    (d) All determinations required to be made under 7 U.S.C. 926 or 
this subpart will be made in accordance with the Uniform System of 
Accounts (USoA)(47 CFR part 32). References to specific USoA accounts 
shall include revised or replacement accounts.



Sec.  1744.206  Effect of subsequent failure to maintain ratios.

    If an expenditure constitutes a qualified investment under the terms 
of this subpart, it does not cease to be a qualified investment merely 
because subsequently the borrower fails to maintain the maximum 
investment ratio or the minimum total assets ratio.



Sec.  1744.207  Investment not to jeopardize loan security.

    A borrower shall not make a qualified investment or a rural 
development investment which jeopardizes:
    (a) The security of loans made or guaranteed by RUS; or
    (b) The borrower's ability to repay such loans under the terms and 
conditions as agreed.



Sec.  1744.208  Rural development investments before November 28, 1990.

    All investments made by a borrower shall be subject to the 
provisions of this subpart, regardless of when the investment was made 
or whether it has been approved by RUS. Any restrictions required by RUS 
as a condition to approving a rural development investment before 
November 28, 1990, shall continue to be in effect to the extent that 
such investment exceeds the maximum investment ratio or causes the 
borrower to fall below the minimum total assets ratio.



Sec.  1744.209  Records.

    (a) The records of borrowers, including records relating to 
qualified investments, shall be subject to the auditing procedures 
prescribed in part 1773 of this chapter. RUS reserves the right to 
review the records of the borrower relating to qualified investments to 
determine if the borrower is in compliance with this subpart.
    (b) Borrowers shall report to RUS on the end-of-year operating 
report, RUS Form 479, the current status and principal amount of each 
qualified investment it has made or is committed to make pursuant to 
Sec.  1744.202.

(Approved by the Office of Management and Budget under control number 
0572-0098)



Sec.  1744.210  Effect of this subpart on RUS loan contract and mortgage.

    (a) Except as expressly provided in this subpart, the borrower shall 
comply with all provisions of its loan contract with RUS, its notes 
issued to RUS, and the RUS mortgage, including all provisions thereof 
relating to investments not covered by this subpart.
    (b) Nothing in this subpart shall affect any rights of supplemental 
lenders under the RUS mortgage, or other creditors of the borrower, to 
limit a borrower's investments, loans and guarantees to levels below 
those permitted in Sec.  1744.202.
    (c) As used in paragraph (b) of this section, supplemental lender 
means a creditor of the borrower, other than RUS, whose loan to the 
borrower is secured by the RUS mortgage.



PART 1748_POST-LOAN POLICIES AND PROCEDURES FOR INSURED TELEPHONE LOANS 
[RESERVED]--Table of Contents





[[Page 378]]



PART 1751_TELECOMMUNICATIONS SYSTEM PLANNING AND DESIGN CRITERIA, 
AND PROCEDURES--Table of Contents



Subpart A [Reserved]

1751.1-1751.99 [Reserved]

          Subpart B_State Telecommunications Modernization Plan

Sec.
1751.100 Definitions.
1751.101 General.
1751.102 Modernization Plan Developer; eligibility.
1751.103 Loan and loan advance requirements.
1751.104 Obtaining RUS approval of a proposed Modernization Plan.
1751.105 Amending a Modernization Plan.
1751.106 Modernization Plan; requirements.

    Authority: 7 U.S.C. 901 et seq., 1921 et seq.; Pub. L. 103-354, 108 
Stat. 3178 (7 U.S.C. 6941 et seq.).

    Source: 60 FR 8174, Feb. 13, 1995, unless otherwise noted.

Subpart A [Reserved]



Sec. Sec.  1751.1-1751.99  [Reserved]



          Subpart B_State Telecommunications Modernization Plan



Sec.  1751.100  Definitions.

    As used in this subpart:
    Bit rate. The rate of transmission of telecommunications signals or 
intelligence in binary (two state) form in bits per unit time, e.g., Mb/
s (megabits per second), kb/s (kilobits per second), etc.
    Borrower. Any organization that has received a RUS loan designation 
number and which has an outstanding telephone loan made by RUS or 
guaranteed by RUS, or which has a completed loan application with RUS.
    Emerging technologies. New or not fully developed methods of 
telecommunications.
    Modernization Plan (State Telecommunications Modernization Plan). A 
State plan, which has been approved by RUS, for improving the 
telecommunications network of those Telecommunications Providers covered 
by the plan. A Modernization Plan must conform to the provisions of this 
subpart.
    New facilities. Facilities which are wholly or partially constructed 
or reconstructed after a short- or medium-term requirements start date, 
as appropriate. This does not include connections or capacity extensions 
within the wired capacity of existing plant such as adding line cards to 
existing equipment.
    Plan Developer. The entity creating the Modernization Plan for the 
State, which may be the State PUC, the State legislature, or a numeric 
majority of the RUS Borrowers within the State. When this part refers to 
the PUC as the Plan Developer, this includes the State legislature.
    PUC (Public Utilities Commission). The public utilities commission, 
public service commission or other State body with such jurisdiction 
over rates, service areas or other aspects of the services and operation 
of providers of telecommunications services as vested in the commission 
or other body authority, to the extent provided by the State, to guide 
development of telecommunications services in the State. When this part 
refers to the PUC as the Plan Developer, this includes the State 
legislature.
    RE Act. The Rural Electrification Act of 1936, as amended (7 U.S.C. 
901 et seq.).
    REA. The Rural Electrification Administration, formerly an agency of 
the United States Department of Agriculture and predecessor agency to 
RUS with respect to administering certain electric and telephone loan 
programs.
    RELRA. The Rural Electrification Loan Restructuring Act of 1993 (107 
Stat. 1356).
    RUS. The Rural Utilities Service, an agency of the United States 
Department of Agriculture established pursuant to Section 232 of the 
Federal Crop Insurance Reform and Department of Agriculture 
Reorganization Act of 1994 (Pub. L. 103-354, 108 Stat. 3178 (7 U.S.C. 
6941 et seq.)), successor to REA with respect to administering certain 
electric and telephone programs. See 7 CFR 1700.1.
    RUS hardship loan. A loan made by RUS under section 305(d)(1) of the 
RE Act bearing interest at a rate of 5 percent per year.

[[Page 379]]

    State. Each of the 50 states of the United States, the District of 
Columbia, and the territories and insular possessions of the United 
States. This does not include countries in the Compact of Free 
Association.
    Telecommunications. The transmission or reception of voice, data, 
sounds, signals, pictures, writings, or signs of all kinds, by wire, 
fiber, radio, light, or other visual or electromagnetic means.
    Telecommunications providers. RUS Borrowers and if the Plan 
Developer is a PUC, such other entities providing telecommunications 
services as the developer of the Modernization Plan (See Sec.  1751.101) 
may determine.
    Wireline Service. Telecommunica-tions service provided over 
telephone lines. It is characterized by a wire or wirelike connection 
carrying electricity or light between the subscriber and the rest of the 
telecommunications network. Wireline Service implies a physical 
connection. Although radio may form part of the circuit, it is not the 
major method of transmission as in radiotelephone.

[60 FR 8174, Feb. 13, 1995, as amended at 84 FR 59923, Nov. 7, 2019]



Sec.  1751.101  General.

    (a) It is the policy of RUS that every State have a Modernization 
Plan which provides for the improvement of the State's 
telecommunications network.
    (b) A proposed Modernization Plan must be submitted to RUS for 
approval. RUS will approve the proposed Modernization Plan if it 
conforms to the provisions of this subpart. Once obtained, RUS's 
approval of a Modernization Plan cannot be rescinded.
    (c) The Modernization Plan shall not interfere with RUS's authority 
to issue such other telecommunications standards, specifications, 
requirements, and procurement rules as may be promulgated from time to 
time by RUS including, without limitation, those set forth in 7 CFR part 
1755.
    (d) The Modernization Plan must, at a minimum, apply to RUS 
Borrowers' wireline service areas. If a Modernization Plan is developed 
by the PUC, RUS encourages, but does not require, that the Modernization 
Plan's requirements apply to the rural service areas of all providers of 
telecommunications services in the State. A PUC's decision not to 
include non-RUS Borrowers will not prejudice RUS approval of that PUC's 
Modernization Plan. The PUC may also, at its option, extend coverage of 
the Modernization Plan to all service areas of all providers of 
telecommunications services in the State. In addition, while the 
requirements and goals contained in Sec.  1751.106 apply only to 
wireline services, the PUC, at its discretion, may extend coverage of 
Modernization Plans to wireless or other communications services in the 
State as it deems appropriate. Borrower-developed Modernization Plans 
apply only to Borrowers.



Sec.  1751.102  Modernization Plan Developer; eligibility.

    (a) Each PUC is eligible until February 13, 1996 to develop a 
proposed Modernization Plan and deliver it to RUS. RUS will review and 
consider for approval all PUC-developed Modernization Plans received by 
RUS within this one year period. The review and approval, if any, may 
occur after the one year period ends even though the PUC is no longer 
eligible to submit a proposed Modernization Plan.
    (b) The PUC must notify all Telecommunications Providers in the 
State and other interested parties of its intent to develop a proposed 
Modernization Plan. The PUC is encouraged to consider all 
Telecommunications Providers' and interested parties' views and 
incorporate these views into the Modernization Plan. In the event that 
the PUC does not intend to develop a proposed Modernization Plan, RUS 
requests that the PUC inform RUS of this decision as soon as possible.
    (c)(1) If the PUC is no longer eligible to develop a Modernization 
Plan or has informed RUS that it will not develop a Modernization Plan, 
as described in paragraphs (a) and (b) of this section, a majority of 
the Borrowers within the State may develop the Modernization Plan. If a 
majority of Borrowers develops the Modernization Plan, the following 
apply:
    (i) All Borrowers shall be given reasonable notice of and shall be 
encouraged to attend and contribute to all

[[Page 380]]

meetings and other proceedings relating to the development of the 
Modernization Plan; and
    (ii) Borrowers developing a Modernization Plan are encouraged to 
solicit the views of other providers of telecommunications services and 
interested parties in the State.
    (2) There is no time limit placed on Borrowers to develop a 
Modernization Plan. Borrowers should be aware that certain types of 
loans may be restricted until a Modernization Plan is approved. See 
Sec.  1751.103.



Sec.  1751.103  Loan and loan advance requirements.

    (a) For information about loan eligibility requirements in relation 
to the Modernization Plan, see 7 CFR part 1735. In particular, beginning 
February 13, 1996, RUS will make RUS hardship and RUS cost-of-money 
loans for facilities and other RE Act purposes in a State only if:
    (1) The State has an RUS approved Modernization Plan; and
    (2) The Borrower to whom the loan is to be made is participating in 
the Modernization Plan for the State. A Borrower is considered to be 
participating if, in RUS's opinion, the purposes of the loan requested 
by the Borrower are consistent with the Borrower achieving the 
requirements stated in the Modernization Plan within the timeframe 
stated in the Modernization Plan unless RUS has determined that 
achieving the requirements is not technically or economically feasible.
    (b) With regard to the three types of loans discussed in paragraph 
(a), only loans approved after the date the State has an RUS approved 
Modernization Plan are subject to complying with the Modernization Plan.
    (c) For loans subject to complying with the Modernization Plan, 
advances will not be made if, in RUS's opinion, the advances are not 
consistent with achieving the requirements of the Modernization Plan.

[60 FR 8174, Feb. 13, 1995, as amended at 84 FR 59923, Nov. 7, 2019]



Sec.  1751.104  Obtaining RUS approval of a proposed Modernization Plan.

    (a) To obtain RUS approval of a proposed Modernization Plan, the 
Plan Developer must submit the following to RUS:
    (1) A certified copy of the statute or PUC order, if the PUC is the 
Plan Developer, or a written request for RUS approval of the proposed 
Modernization Plan signed by an authorized representative of the Plan 
Developer, if a majority of Borrowers is the Plan Developer; and
    (2) Three copies of the proposed Modernization Plan.
    (b) Generally, RUS will review the proposed Modernization Plan 
within (30) days and either:
    (1) Approve the Modernization Plan if it conforms to the provisions 
of this subpart in which case RUS will return a copy of the 
Modernization Plan with notice of approval to the Plan Developer; or
    (2) Not approve the proposed Modernization Plan if it does not 
conform to the provisions of this subpart. In this event, RUS will 
return the proposed Modernization Plan to the Plan Developer with 
specific written comments and suggestions for modifying the proposed 
Modernization Plan so that it will conform to the provisions of this 
subpart. If the Plan Developer remains eligible, RUS will invite the 
Plan Developer to submit a modified proposed Modernization Plan for RUS 
consideration. This process can continue until the Plan Developer gains 
approval of a proposed Modernization Plan unless the Plan Developer is a 
PUC whose eligibility has expired. If a PUC's eligibility has expired, 
RUS will return the proposed Modernization Plan unapproved. Because RUS 
does not have authority to extend the term of a PUC's eligibility, RUS 
recommends that the PUC submit a proposed Modernization Plan at least 90 
days in advance of February 13, 1996 to allow time for this process.



Sec.  1751.105  Amending a Modernization Plan.

    (a) RUS understands that changes in standards, technology, 
regulation, and the economy could indicate that an RUS-approved 
Modernization Plan should be amended.

[[Page 381]]

    (b) The Plan Developer of the Modernization Plan may amend the 
Modernization Plan if RUS finds the proposed changes continue to conform 
to the provisions of this subpart.
    (c) The procedure for requesting approval of an amended 
Modernization Plan is identical to the procedure for a proposed 
Modernization Plan except that there are no time limits on the 
eligibility of the Plan Developer.
    (d) The existing Modernization Plan remains in force until RUS has 
approved the proposed amended Modernization Plan.
    (e) RUS may from time to time revise these regulations to 
incorporate newer technological and economic standards that RUS believes 
represent more desirable goals for the future course of 
telecommunications services. Such revisions will be made in accordance 
with the Administrative Procedure Act. These revisions shall not 
invalidate Modernization Plans approved by RUS but shall be used by RUS 
to determine whether to approve amendments to Modernization Plans 
presented for RUS approval after March 15, 1995.



Sec.  1751.106  Modernization Plan; requirements.

    (a) The requirements for a Modernization Plan as stated in RELRA 
are:
    (1) The plan must provide for the elimination of party line service.
    (2) The plan must provide for the availability of telecommunications 
services for improved business, educational, and medical services.
    (3) The plan must encourage and improve computer networks and 
information highways for subscribers in rural areas.
    (4) The plan must provide for--
    (i) Subscribers in rural areas to be able to receive through 
telephone lines--
    (A) Conference calling;
    (B) Video images; and
    (C) Data at a rate of at least 1,000,000 bits of information per 
second; and
    (ii) The proper routing of information to subscribers.
    (5) The plan must provide for uniform deployment schedules to ensure 
that advanced services are deployed at the same time in rural and 
nonrural areas.
    (6) The plan must provide for such additional requirements for 
service standards as may be required by the Administrator.
    (b) To implement the requirements of the law described in paragraph 
(a) of this section, RUS has set minimum requirements as described in 
paragraphs (i) and (j) of this section. They are grouped into short-term 
and medium-term requirements. RUS has also included long-term goals 
which are not requirements. The Modernization Plan must meet all of the 
statutory requirements of RELRA and shall provide that short- and 
medium-term requirements be implemented as set forth in this section of 
the regulation except that the PUC, if it is the Plan Developer, or RUS, 
if a majority of Borrowers is the Plan Developer, may approve extensions 
of time if the required investment is not economically feasible or if 
the best available telecommunications technology lacks the capability to 
enable the Telecommunications Provider receiving the extension to comply 
with the Modernization Plan. Extensions shall be granted only on a case-
by-case basis and generally shall not exceed a total of five years from 
the first such extension granted to the Telecommunications Provider.
    (c) Each State's Modernization Plan shall be a strategic development 
proposal for modernizing the telecommunications network of the 
Telecommunications Providers covered by the Modernization Plan. In 
addition to implementing the requirements described in paragraphs (a), 
(i), and (j) of this section, the Modernization Plan shall include a 
short engineering description of the characteristics of a future 
telecommunications structure that would enable all Telecommunications 
Providers to achieve the requirements and goals of the Modernization 
Plan.
    (d) Within the scope of Sec.  1751.101(d), if the Plan Developer is 
the PUC, the Modernization Plan shall name the Telecommunications 
Providers in the State, in addition to Borrowers, that are covered by 
the Modernization Plan.
    (e) The Modernization Plan must require that the design of the 
network

[[Page 382]]

provided by Telecommunications Providers allow for the expeditious 
deployment and integration of such emerging technologies as may from 
time to time become commercially feasible.
    (f) The Modernization Plan must provide guidelines to 
Telecommunications Providers for the development of affordable tariffs 
for medical links and distance learning services.
    (g) With regard to the uniform deployment requirement of the law 
restated in paragraph (a)(5) of this section, if services cannot be 
deployed at the same time, only the minimum feasible interval of time 
shall separate availability of the services in rural and nonrural areas.
    (h) The Modernization Plan must make provision for reliable powering 
of ordinary voice telephone service operating over those portions of the 
telecommunications network which are not network powered. In the event 
of electric utility power outages, an alternative source of power must 
be available to ensure reliable voice service.
    (i) Short-term requirements. (1) The ``short-term requirements start 
date'' is the date one year after the date RUS approves the 
Modernization Plan for the State.
    (2) All New Facilities providing Wireline Service after the short-
term requirements start date, even if the construction began before such 
date, shall be constructed so that:
    (i) Every subscriber can be provided 1-party service.
    (ii) The New Facilities are suitable, as built or with additional 
equipment, to provide transmission and reception of data at a rate no 
lower than 1 Mb/sec.
    (3) All switching equipment installed by a Telecommunications 
Provider after the short-term requirements start date shall be capable 
of:
    (i) Providing custom calling features. At a minimum, custom calling 
features must include call waiting, call forwarding, abbreviated 
dialing, and three-way calling; and
    (ii) Providing E911 service for areas served by the 
Telecommunication Provider when requested by the government responsible 
for this service.
    (j) Medium-term requirements. (1) The ``medium-term requirements 
start date'' is the date six years after the date RUS approves the 
Modernization Plan for the State, or such earlier date as the 
Modernization Plan shall provide.
    (2) All New Facilities providing Wireline Service after the medium-
term requirements start date, even if the construction began before such 
date, shall be capable, as built or with additional equipment, of 
transmitting video to a subscriber. The video must be capable of 
depicting a reasonable representation of motion. The frame rate, 
resolution, and other measures of audio and video quality shall be 
determined by the Plan Developer.
    (3) No later than the medium-term requirements start date, all 
switching equipment of Telecommunications Providers covered by the 
Modernization Plan must be capable of providing E911 service when 
requested by the government responsible for this service.
    (4) No later than five years after the medium-term requirements 
start date, one-party service must be provided upon demand to any 
subscriber of a Telecommunications Provider covered by the Modernization 
Plan.
    (k) Long-term goals. RUS suggests, but does not require, that the 
provisions of each Modernization Plan be consistent with the 
accomplishment of the following:
    (1) The elimination of party line service.
    (2) For subscribers that desire the service, universal availability 
of:
    (i) Digital voice and data service (56-164 kb/sec).
    (ii) Service that provides transmission and reception of high bit 
rate (no less than 1 Mb/sec) data.
    (iii) Service that provides reception of video as described in 
paragraph (j)(2) of this section.



PART 1752_SERVICING OF TELECOMMUNICATIONS PROGRAMS--Table of Contents



Sec.
1752.1 Purpose.
1752.2 Objectives.
1752.3 Definitions.
1752.4 Availability of forms, bulletins, and procedures.
1752.5 Monetary default by Borrower.
1752.6 Request for special servicing action.
1752.7 Civil rights and requirements.

[[Page 383]]

1752.8-1752.10 [Reserved]
1752.11 Consent to additional, unsecured debt.
1752.12 Parity lien.
1752.13 Reamortization of or rescheduling of the debt payments.
1752.14 Deferment of principal and/or interest payments.
1752.15 Interest rate adjustments.
1752.16 Transfer of collateral and assumption of debt.
1752.17 Sale or exchange of loan collateral.
1752.18 Sale of the note.
1752.19 Debt settlement.
1752.20-1752.24 [Reserved]
1752.25 Special terms.
1752.26 No rights to special servicing actions.
1752.27 Confidentiality of borrower information.
1752.28 Interest accrual.
1752.29 Communications laws.
1752.30 Information collection and reporting requirements.
1752.31 Authorized signatories.

    Authority: 7 U.S.C. 1981(b)(4), 7 U.S.C. 901 et seq. and 7 U.S.C. 
950aaa et seq.

    Source: 85 FR 10558, Feb. 25, 2020, unless otherwise noted.



Sec.  1752.1  Purpose.

    This part prescribes the policies and procedures for loan and grant 
servicing for financial assistance made under the Rural Utilities 
Service (RUS) Telecommunications Infrastructure Loan Program, Rural 
Broadband Program, Distance Learning and Telemedicine Program, Broadband 
Initiatives Program, and the Rural e-Connectivity Pilot Program (in this 
part collectively referred to as the ``RUS Telecommunications 
Programs'').



Sec.  1752.2  Objectives.

    The purpose of loan and grant servicing functions is to assist 
recipients to meet the objectives of loans and grants, repay loans on 
schedule, comply with agreements and protect RUS' financial interests. 
The provisions of this part will ensure recipients comply with any 
revised terms in repayment on loans and ensures serving actions are 
handled consistently by the Agency.



Sec.  1752.3  Definitions.

    The terms and conditions provided in this section are applicable to 
this part only. All financial terms not defined in this section shall 
have the commonly-accepted meaning under Generally Accepted Accounting 
Principles.
    Acceleration. A written notice informing the Borrower that the total 
unpaid principal and interest is due and payable immediately.
    Administrator. Administrator of the Rural Utilities Service.
    Agency. The Rural Utilities Service, an agency of the United States 
Department of Agriculture's Rural Development mission area.
    Assumption of debt. Agreement by one party to legally bind itself to 
repay the debt of the RUS borrower.
    Borrower. Recipient of loan funding under a RUS Telecommunications 
Program.
    Broadband system. The telecommunications or broadband network 
financed with RUS loan and/or grant funding or maintained by the 
Borrower and contained as part of the collateral to the loan.
    Cancellation. Final discharge of debt with a release of liability.
    Charge-off. Write-off of a debt and termination of servicing 
activity without release of liability. A charge-off is a decision by the 
Agency to remove debt from Agency receivables, however, future payments 
may be received.
    Collateral. Means the assets, equipment and/or revenues pledged as 
security for the loan as defined in the loan documents.
    Disposition of facility. Relinquishing control of a facility to 
another entity.
    Loan Documents. All associated loan agreements, loan and security 
agreements, loan/grant agreements, mortgages, and promissory notes, as 
applicable.
    Liquidation. Satisfaction of a debt through the sale of a Borrower's 
assets and cancellation of liabilities.
    Parity lien. A lien having an equal lien position to another 
lender's lien on a Borrower's asset.
    Rural Utilities Service (RUS). An agency of the United States 
Department of Agriculture's Rural Development mission area.
    Settlement. Compromise, adjustment, cancellation, or charge-off of a 
debt owed to the Agency. The term ``settlement'' is used to refer to any 
of these

[[Page 384]]

actions, whether individually or collectively.
    Unliquidated obligations. Obligated loan funds that have not been 
advanced.
    Voluntary conveyance. A method by which title to security is 
voluntarily transferred to the Federal Government.



Sec.  1752.4  Availability of forms, bulletins, and procedures.

    Forms, bulletins, and procedures referenced in this part are 
available online at https://www.rd.usda.gov/publications/regulations-
guidelines.



Sec.  1752.5  Monetary default by Borrower.

    A defaulting Borrower's primary responsibility is to expeditiously 
bring the delinquent account current. If a monetary default exceeds 60 
days, RUS will attempt to discuss the situation with the Borrower and 
make the Borrower aware of options that may be available. In considering 
options, the prospects for providing a permanent cure without adversely 
affecting the risk to the Agency is the paramount objective. RUS will 
also work with entities that are not in monetary default but whose 
financial position is such that, without RUS action, a monetary default 
is imminent within the next 24 months, as evidenced by a financial 
forecast provided by the Borrower. RUS receives quarterly financial 
reports and annual audits from borrowers and actively monitors the 
borrower's Times Interest Earned Ratio (TIER), Current Ration, Debt 
Service Coverage Ratio, and Net Worth.



Sec.  1752.6  Request for special servicing action.

    (a) Special servicing actions include, but are not limited to, one 
or more of the following:
    (1) Consent to additional, unsecured debt;
    (2) Parity lien;
    (3) Reamortization or rescheduling of debt payments;
    (4) Deferment of principal and/or interest;
    (5) Interest rate adjustment;
    (6) Transfer of collateral and assumption of debt;
    (7) Sale or exchange of loan collateral;
    (8) Sale of the note; and
    (9) Debt settlement.
    (b) In order for the Agency to consider one or more of the curative 
actions cited in paragraph (a) of this section, the Borrower must submit 
a written request to RUS.
    (1) The written request must contain the following items:
    (i) A detailed explanation of the request and why it is needed.
    (ii) Most recent audited financial statements for the Borrower.
    (iii) Borrower's Pro Forma 5-year financial forecast, which includes 
an Income Statement, Balance Sheet, and Statement of Cash Flows, 2 years 
of historical data, current year data and a 5-year forecast, with 
detailed supporting assumptions. Additionally, in order to request 
assistance under this paragraph (b)(1)(iii), the Borrower must make a 
showing that the account is delinquent and cannot be brought current 
within one year, or that the Borrower will become delinquent within 24 
months, as demonstrated in the Pro Forma.
    (iv) Existing and projected subscriber numbers and service tiers, 
along with pricing for each tier. Additionally, for companies receiving 
support from the Federal Communications Commission, a detailed forecast 
of the support revenue, certified by a cost consultant, must be 
included.
    (v) Current organizational chart for the Borrower, related entities, 
and affiliated companies, as well as information relating to ownership 
interest in the Borrower and its related entities.
    (vi) A complete list of all collateral and steps the Borrower is 
taking to preserve the collateral.
    (2) The Agency may request the additional documents in paragraphs 
(b)(2)(i) through (iv) of this section after reviewing the Borrower's 
servicing request:
    (i) An appraisal in order to determine the adequacy of loan security 
or repayment ability;
    (ii) An itemized list of estimated liquidation expenses expected to 
be incurred along with justification for each expense;

[[Page 385]]

    (iii) A legal opinion regarding RUS' interests in the impacted 
collateral and supporting evidence, in the form of Uniform Commercial 
Code Statements and filed Mortgages, that RUS maintains a first lien 
position on all assets of the Borrower, or such collateral as mandated 
by the Loan Documents; and
    (iv) Such other documents that may be relevant in individual cases, 
as determined by RUS.
    (3) When submitting a request for a servicing action, the distressed 
Borrower must consent to the following during the request and for the 
duration of the servicing action:
    (i) On-site visit. A Management Analysis Profile (MAP) visit of the 
Borrower's entire operation;
    (ii) RUS priority payment. Borrowers must agree that no other 
creditors will be paid without RUS consent, if RUS is not receiving full 
principal and interest payments;
    (iii) Additional reporting and monitoring. Throughout the term of 
the servicing action(s), RUS will require increased frequency and/or 
additional details to the reporting and monitoring required under the 
terms of the Loan Documents; and
    (iv) Additional controls and limitations. RUS may require additional 
controls and limitations such as segregation of accounts, RUS review of 
expenditures, etc.
    (c) False information provided by a Borrower, or by entities acting 
on behalf of the Borrower, will give rise to the immediate termination 
of any servicing action(s).



Sec.  1752.7  Civil rights and requirements.

    (a) Equal opportunity and nondiscrimination. The Agency will ensure 
that equal opportunity and nondiscriminatory requirements are met in 
accordance with the Equal Credit Opportunity Act and 7 CFR part 15. 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).
    (b) Civil rights compliance. Recipients of Federal assistance under 
this part must comply with the Americans with Disabilities Act of 1990, 
Title VI of the Civil Rights Act of 1964, and Section 504 of the 
Rehabilitation Act of 1973. Prior to determining eligibility of any 
servicing action under this part, the Agency will determine that the 
Borrower is in compliance with all civil rights requirements of the 
latest Civil Rights Compliance Review conducted by the Agency.
    (c) Discrimination complaints. Persons believing they have been 
subjected to discrimination prohibited by this section may file a 
complaint personally, or by an authorized representative with USDA, 
Director, Office of Adjudication, 1400 Independence Avenue SW, 
Washington, DC 20250. A complaint must be filed no later than 180 days 
from the date of the alleged discrimination, unless the time for filing 
is extended by the designated officials of USDA or the Agency.



Sec. Sec.  1752.8-1752.10  [Reserved]



Sec.  1752.11  Consent to additional, unsecured debt.

    (a) An additional, unsecured loan from another lender to the 
Borrower may be approved subject to the conditions set forth in this 
section. In order to request assistance under this section, the Borrower 
must make a showing that the additional debt will cure any existing or 
projected delinquency. Additionally, the following requirements must be 
met, as determined by RUS:
    (1) The additional debt will not disadvantage RUS's standing or lien 
on any of the collateral already pledged to RUS;
    (2) The additional debt will not adversely impact the continued 
financial viability of the Borrower or the Borrower's ability to carry 
out the purposes of the RUS loan;

[[Page 386]]

    (3) The debt is needed to resolve short-term, negative cashflow 
problems; and
    (4) The Borrower is in good standing with the Agency or will become 
so with the additional debt.
    (b) In the case where all assets of the Borrower are not secured by 
the Government's debt, the Borrower may request additional debt that is 
secured by collateral that is not subject to the Government's security 
interest.



Sec.  1752.12  Parity lien.

    A Borrower's request for parity may be approved subject to the 
conditions set forth in this section. In order to request assistance 
under this section, the Borrower must make a showing that the amount of 
new debt is at least equal to the amount of the collateral being added 
and will cure any existing or projected delinquency. The following 
factors will be considered in assessing whether the request is in the 
Government's best interest:
    (a) The value of the added assets compared with the amount of new 
debt to be secured;
    (b) The value of the assets already pledged under the Loan 
Documents, and any effects of the proposed transaction on the value of 
those assets;
    (c) The ratio of the total outstanding debt secured under the Loan 
Documents to the value of all assets pledged as security under the Loan 
Documents;
    (d) The Borrower's ability to repay its debt owed to the Government;
    (e) The overall financial viability of the Borrower; and
    (f) That the Borrower is in good standing with the Agency or will 
become so with the parity lien; and
    (g) Such other conditions as may be imposed by the Agency on a case-
by-case basis, as determined by RUS.



Sec.  1752.13  Reamortization of or rescheduling of the debt payments.

    A reamortization or rescheduling of debt payments may be approved 
subject to the conditions set forth in this section. In order to request 
a reamortization or rescheduling of debt payments, the Borrower must 
make a showing that the Borrower does not have access to other sources 
of capital or alternatives for resolving the delinquency, and that the 
reamortization or rescheduling of debt payment will cure any existing or 
projected delinquency. Reamortizations or rescheduling of debt will be 
limited to 10 years beyond the original maturity date. Additionally, the 
following requirements must be met, as determined by RUS:
    (a) The Borrower has cooperated with RUS in exploring alternative 
servicing options and has acted in good faith with regard to eliminating 
the delinquency and complying with its loan agreements and Agency 
regulations;
    (b) Any management deficiencies identified by RUS have been 
corrected or the Borrower has submitted a plan acceptable to RUS to 
correct any deficiencies;
    (c) The Borrower has presented a budget which clearly indicates that 
it is able to meet the proposed payment schedule and the reamortization 
or rescheduling of debt payments will ensure the continued financial 
viability of the Borrower;
    (d) The Agency will consider the useful life of the facilities along 
with the level of debt service payments that the Borrower can contribute 
when determining the appropriate term to place on any reamortized loan; 
and
    (e) Such other conditions as may be imposed by the Agency on a case-
by-case basis, as determined by RUS.



Sec.  1752.14  Deferment of principal and/or interest payments.

    A deferment of principal and/or interest payments which will 
continue the original purpose of the loan may be approved subject to the 
conditions set forth in this section.
    (a) Principal-only deferrals. In order to request a principal 
deferral, the Borrower must make a showing that at the end of the 
deferment period the Borrower's financial position has improved and the 
Borrower is able to make full principal and interest payments, curing 
any delinquency or projected delinquency. Deferments of principal will 
be limited to no more than 36 months. Additionally, the following 
requirements must be met, as determined by RUS:
    (1) Any management deficiencies identified by RUS have been 
corrected or the Borrower has submitted a plan

[[Page 387]]

acceptable to RUS to correct any deficiencies;
    (2) The Borrower has presented a budget which clearly indicates that 
it is able to meet the new proposed payment schedule and after the end 
of the deferral period is able to resume making full principal and 
interest payments while maintaining a positive cashflow position;
    (3) Unless authorized by prior RUS written consent, the Borrower 
will only use funds otherwise due and payable under the RUS Note for the 
benefit of the broadband system. Such expenditures include, but are not 
limited to, costs to complete any necessary construction of the Project, 
costs to connect additional subscribers, marketing and sales costs, and 
other such costs that are necessary to maximize the value of the 
broadband system; and
    (4) The Borrower will comply with such other conditions as may be 
imposed by the Agency on a case-by-cases basis, as determined by RUS.
    (b) Principal and interest deferrals. A principal and interest 
deferral shall only be approved when the Borrower has demonstrated that 
it is the only option for the Agency to avoid foreclosure and is in the 
best interest of the Government to avoid a substantial loss to the 
Government. Additionally, principal and interest deferrals may be 
approved if the Borrower and RUS have agreed to a public sale of the 
broadband system and such a deferral is needed to provide time to 
complete the sale of the broadband system. Principal and interest 
deferrals will be limited to no more than 24 months, unless extended by 
the Agency for good cause and full cooperation of the Borrower. 
Additionally, the following requirements must be met, as determined by 
RUS:
    (1) The Borrower has cooperated with RUS in exploring alternative 
servicing options and has acted in good faith with regard to eliminating 
the delinquency and complying with its Loan Documents and Agency 
regulations;
    (2) Any management deficiencies identified by RUS have been 
corrected or the Borrower has submitted a plan acceptable to RUS to 
correct any deficiencies; and
    (3) Unless authorized by prior RUS written consent, the Borrower 
will only use funds otherwise due and payable under the RUS Note for the 
benefit of the broadband system. Such expenditures include, but are not 
limited to, costs to execute a sale of the broadband system, costs to 
complete any necessary construction of the Project, costs to connect 
additional subscribers, marketing and sales costs, and other such costs 
that are necessary to maximize the value of the broadband system for an 
eventual sale;
    (4) In cases when the Borrower and RUS have agreed to a public sale 
of the broadband system, the Borrower agrees that within 30 days of the 
execution of the deferral agreement, the Borrower will develop a process 
and timeline for the sale of the broadband system, in form and substance 
satisfactory to RUS, and will continually execute on those plans in 
order to effectuate a public sale of the broadband system; and
    (5) The Borrower will comply with such other conditions as may be 
imposed by the Agency on a case-by-cases basis, as determined by RUS.



Sec.  1752.15  Interest rate adjustments.

    Interest rate reductions may be approved subject to the conditions 
set forth in this section. In order to request an interest rate 
reduction, the Borrower must make a showing that the Borrower does not 
have access to other sources of capital or alternatives to resolve the 
delinquency, and the interest rate adjustment will cure any existing or 
projected delinquency. Additionally, the following requirements must be 
met, as determined by RUS:
    (a) The Borrower has cooperated with RUS in exploring alternative 
servicing options and has acted in good faith with regard to eliminating 
the delinquency and complying with its loan agreements and Agency 
regulations;
    (b) Any management deficiencies identified by RUS have been 
corrected or the Borrower has submitted a plan acceptable to RUS to 
correct any deficiencies;
    (c) The Borrower has presented a budget which clearly indicates that 
it is able to meet the proposed payment

[[Page 388]]

schedule and the interest rate reduction will improve the financial 
viability of the Borrower;
    (d) The Borrower has agreed to not maintain cash or cash reserves 
beyond what is reasonable at the time of interest rate adjustment to 
meet debt service, operating, and reserve requirements; and
    (e) The Borrower will comply with such other conditions as may be 
imposed by the Agency on a case-by-cases basis, as determined by RUS.



Sec.  1752.16  Transfer of collateral and assumption of debt.

    A transfer of collateral and assumption of debt may be approved 
subject to the conditions set forth in this section. In order to request 
assistance under this section, the Borrower must make a showing that the 
transfer of collateral and assumption of debt will improve the 
likelihood that the government will be repaid and maximize the Agency's 
recovery on such loans. Such actions will be subject to the following 
requirements:
    (a) The transfer will not be disadvantageous to the Government, as 
determined by RUS;
    (b) The Agency has concurred to plans for disposition of funds in 
any reserve account, including project construction bank accounts;
    (c) The transferee will assume all of the Borrower's 
responsibilities regarding the loan(s) and will accept the original loan 
conditions, as well as any others that may be imposed by the Agency;
    (d) There must be no lien, judgement, or similar claims of other 
parties against the loan collateral being transferred, and once 
transferred, such collateral may not be subject to the lien, judgement, 
or similar claims of other parties of the transferee;
    (e) Title to all assets must be conveyed to the transferee; and
    (f) The Borrower will comply with such other conditions as may be 
imposed by the Agency on a case-by-case basis, as determined by RUS.



Sec.  1752.17  Sale or exchange of loan collateral.

    A cash sale of all or a portion of a Borrower's assets or an 
exchange of security property for Borrowers in a distressed situation 
may be approved subject to the conditions set forth in this section. In 
order to request assistance under this section, the Borrower must make a 
showing that the sale or exchange of collateral is in the best interest 
of the Government to avoid a substantial loss to the Government. 
Additionally, the following requirements must be met, as determined by 
RUS:
    (a) If a sale of all of the assets, that the consideration is for 
the full amount of the debt or the present fair market value as 
determined by an independent appraiser that has been approved by RUS, 
and which addresses any conditions of the appraisal as may be imposed by 
RUS; and
    (b) If the sale is for a portion of the assets, that the remaining 
property is adequate security for the loan and that the transaction will 
not adversely affect the Agency's security position; and provided that 
any proceeds remaining after paying reasonable and necessary selling 
expenses, as approved by the Agency in advance, are to be used for the 
following purposes:
    (1) Repayment of the RUS debt, and other non-RUS debt if secured by 
a parity lien with the Agency; and/or
    (2) Improvement of the broadband network or other facilities of the 
Borrower, including customer premise equipment and other equipment 
needed to upgrade the broadband network, if necessary to improve the 
Borrower's ability to repay the loan; and
    (c) Any grant assets in the sale of collateral that were financed 
with Agency grants must follow the disposition rules as stated in the 
Loan Documents or Grant/Loan Documents.



Sec.  1752.18  Sale of the note.

    In the event of one or more incidents of default by the Borrower 
that cannot or will not be cured within a reasonable period of time, the 
Agency may sell the note. A decision to sell the note may be made when 
the Agency determines that the monetary default cannot be cured through 
the other actions as outlined in this part, or it has been determined 
that it is in the best interest of the Agency. The decision to sell the 
note should be made as soon as

[[Page 389]]

possible when one or more of the following exist:
    (a) A loan is 90 days behind on any scheduled payment and the Agency 
and Borrower have not been able to cure the delinquency through actions 
such as those contained in this part;
    (b) It is determined that delaying sale of the note will jeopardize 
full recovery on the loan; or
    (c) The Borrower is uncooperative in resolving the delinquency or 
the Agency has reason to believe the Borrower is not acting in good 
faith, and it would improve the position of the Agency to sell the note 
immediately.



Sec.  1752.19  Debt settlement.

    Debts will not be settled directly by the Agency if:
    (a) Referral to the Office of Inspector General and/or to Office of 
General Counsel is contemplated or pending because of suspected criminal 
violation;
    (b) Civil action to protect the interest of the Government is 
contemplated or pending;
    (c) An investigation for suspected fiscal irregularity is 
contemplated or pending;
    (d) The Borrower is uncooperative in resolving the delinquency or 
the Agency has reason to believe the Borrower is not acting in good 
faith; or
    (e) The debt has been referred to the Department of Justice, such as 
in bankruptcy proceedings.



Sec. Sec.  1752.20-1752.24  [Reserved]



Sec.  1752.25  Special terms.

    If the Administrator determines the servicing actions in this part 
would not protect the Government's interest due to unique circumstances 
of the debtor, the Agency reserves the right to negotiate special terms 
to maximize the Government's recovery on the debt.



Sec.  1752.26  No rights to special servicing actions.

    Nothing in this part should be assumed guaranteed as a right to the 
Borrower for any of the special servicing actions noted in this part.



Sec.  1752.27  Confidentiality of borrower information.

    Borrowers are encouraged to identify and label any confidential and 
proprietary information contained in their applications. The Agency will 
protect confidential and proprietary information from public disclosure 
to the fullest extent authorized by applicable law, including the 
Freedom of Information Act, as amended (5 U.S.C. 552), the Trade Secrets 
Act, as amended (18 U.S.C. 1905), the Economic Espionage Act of 1996 (18 
U.S.C. 1831 et seq.), and Communications Assistance for Law Enforcement 
Act (CALEA) (47 U.S.C. 1001 et seq.).



Sec.  1752.28  Interest accrual.

    (a) The Agency may determine to stop accruing interest if the 
account has remained delinquent for a period of 18 months or more, and 
the Agency has determined, in its sole discretion, that it will not 
recover the full outstanding principal balance on the loan.
    (b) Notwithstanding paragraph (a) of this section, the Administrator 
may waive the accrual of interest on any outstanding delinquent debt, if 
in the sole determination of the Administrator, such waiver facilitates 
and maximizes the Government's recovery of the debt, such as under a 
voluntary foreclosure by the Borrower.



Sec.  1752.29  Communications laws.

    Borrowers must comply with all applicable Federal and state 
communications laws and regulations, including, for example, the 
Communications Act of 1934, as amended (47 U.S.C. 151 et seq.), the 
Telecommunications Act of 1996, as amended (Pub. L. 104-104, 110 Stat. 
56 (1996), and CALEA. For further information see http://www.fcc.gov.



Sec.  1752.30  Information collection and reporting requirements.

    Copies of all forms and instructions referenced in this part may be 
obtained from RUS. Data furnished by Borrowers will be used to determine 
eligibility for certain servicing actions. Furnishing the data is 
voluntary; however, the failure to provide data could result in a 
servicing action being denied or the Agency taking adverse action 
against the Borrower to collect

[[Page 390]]

funds. The collection of information is vital to RUS to ensure 
compliance with the provisions of this part. The information collection 
requirements contained in this part have been approved by the Office of 
Management and Budget (OMB) under OMB Control Number 0572-0153.



Sec.  1752.31  Authorized signatories.

    Only the RUS Administrator can bind the Government to the 
expenditure of funds. Notwithstanding anything contained in this part, 
however, any settlement resulting in the reduction of $500,000 or more 
in payment to the Government, inclusive of attorney's fees, shall be 
approved by the Under Secretary for Rural Development, or higher.



PART 1753_TELECOMMUNICATIONS SYSTEM CONSTRUCTION POLICIES 
AND PROCEDURES--Table of Contents



                            Subpart A_General

Sec.
1753.1 General.
1753.2 Definitions.
1753.3 Preconstruction review.
1753.4 Major and minor construction.
1753.5 Methods of major construction.
1753.6 Standards, specifications, and general requirements.
1753.7 Plans and specifications (P&S).
1753.8 Contract construction procedures.
1753.9 Subcontracts.
1753.10 Preconstruction conference.
1753.11 Contract amendments.
1753.12-1753.14 [Reserved]

                     Subpart B_Engineering Services

1753.15 General.
1753.16 Architectural services.
1753.17 Engineering services.
1753.18 Engineer and architect contract closeout certifications.
1753.19-1753.20 [Reserved]

Subpart C [Reserved]

                   Subpart D_Construction of Buildings

1753.25 General.
1753.26 Plans and specifications (P&S).
1753.27 Bidding procedure.
1753.28 Contract amendments.
1753.29 Force account procedures.
1753.30 Closeout procedures.
1753.31-1753.35 [Reserved]

     Subpart E_Purchase and Installation of Central Office Equipment

1753.36 General.
1753.37 Plans and specifications (P&S).
1753.38 Procurement procedures.
1753.39 Closeout documents.
1753.40-1753.45 [Reserved]

         Subpart F_Outside Plant Major Construction by Contract

1753.46 General.
1753.47 Plans and specifications (P&S).
1753.48 Procurement procedures.
1753.49 Closeout documents.
1753.50-1753.55 [Reserved]

       Subpart G_Outside Plant Major Construction by Force Account

1753.56 General.
1753.57 Procedures.
1753.58 Closeout documents.
1753.59-1753.65 [Reserved]

        Subpart H_Purchase and Installation of Special Equipment

1753.66 General.
1753.67 Contracts and specifications.
1753.68 Purchasing special equipment.
1753.69-1753.75 [Reserved]

                      Subpart I_Minor Construction

1753.76 General.
1753.77 Methods of minor construction.
1753.78 Construction by contract.
1753.79 Construction by force account.
1753.80 Minor construction procedure.
1753.81 Inspection and certification.
1753.82 Minor construction closeout.
1753.83-1753.90 [Reserved]

              Subpart J_Construction Certification Program

1753.91 General.
1753.92 Policies and requirements.
1753.93 Responsibilities.
1753.94 Procedures.
1753.95 Advance of loan funds.
1753.96 Certification addendum.
1753.97-1753.99 [Reserved]

    Authority: 5 U.S.C. 501, 7 U.S.C. 901 et seq.



                            Subpart A_General

    Source: 54 FR 39267, Sept. 25, 1989, unless otherwise noted. 
Redesignated at 55 FR 39396, Sept. 27, 1990.

[[Page 391]]



Sec.  1753.1  General.

    (a) The standard RUS Telecommunications Loan Documents contain 
provisions regarding procurement of materials and equipment and 
construction of telecommunications facilities by telecommunications 
borrowers. This part implements certain of the provisions by setting 
forth requirements and procedures. Borrowers shall follow these 
requirements and procedures whenever using loan funds to purchase 
materials and equipment or perform construction, unless they have 
received the Administrator's written approval to do otherwise.
    (b) The typical procedure followed in constructing a project 
financed by an RUS loan begins with the prospective borrower obtaining 
the necessary preloan engineering and developing a complete loan 
application, including an LD (See 7 CFR part 1737). If a loan is 
approved and all prerequisites to advance of funds are satisfied, the 
borrower may proceed with the purchase and installation of materials and 
equipment and the construction of telephone facilities pursuant to this 
part 1753. Subpart A describes
    (1) RUS's general requirements with respect to steps to be taken 
after the loan is approved and before construction begins (See Sec.  
1753.3),
    (2) RUS requirements with respect to methods of construction (See 
Sec. Sec.  1753.5 and 1753.6),
    (3) RUS requirements regarding sealed competitive bidding and 
negotiated bidding of construction contracts (See Sec. Sec.  1753.6 and 
1753.9),
    (4) RUS standards for materials, equipment, and construction 
financed with loan funds (See Sec.  1753.7), and
    (5) RUS requirements for subcontracts and contract amendments 
covering construction financed with loan funds (See Sec. Sec.  1753.10 
and 1753.12).
    (c) Each borrower is responsible for the construction of its 
facilities and for the procurement of materials and equipment that are 
best suited to its needs.
    (d) If contracts, P&S, or other methods of procurement are subject 
to RUS approval pursuant to the provisions of the loan contract, as 
implemented by this part, RUS will review the documents or proposals 
submitted and notify the borrower in writing of approval or disapproval. 
RUS may withhold approval if, in RUS's judgment:
    (1) The P&S or contract will not accomplish loan purposes.
    (2) Provisions of the P&S or contract will add unnecessary expense 
to the project.
    (3) The proposal, method of procurement, or P&S do not conform to 
RUS engineering criteria or construction standards, or if they present 
unacceptable loan security risks to RUS.
    (4) The P&S or contract have been modified.
    (e) The requirements and procedures covering procurement of 
architectural and engineering services are described in subpart B of 
this part.
    (f) Single copies of RUS forms cited in this part are available from 
Administrative Services Division, Rural Utilities Service, United States 
Department of Agriculture, Washington, DC 20250-1500. These RUS forms 
may be reproduced.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 64 FR 16604, Apr. 6, 1999]



Sec.  1753.2  Definitions.

    For the purpose of this part 1753:
    Alternate-- A solicitation for a bid adjustment for a specified 
deviation from the Plans and Specifications.
    Architect-- A person registered as an architect in the state where 
construction is performed, or a person on the borrower's staff, approved 
by RUS, authorized to perform architectural services.
    Bid guarantee-- A bid bond or certified check required of 
contractors bidding on construction work to ensure that the bidder, if 
successful, will furnish a satisfactory performance bond ensuring 
completion of work.
    Central office building-- The facility housing the central office 
equipment.
    Central office equipment-- Switching and signaling equipment that 
performs call origination and completion functions for subscribers.
    Closeout documents-- The documents required to certify satisfactory 
completion of all obligations under a contract or force account 
proposal.
    Construction-- Purchase and installation of telecommunications 
facilities

[[Page 392]]

in a borrower's system using loan funds.
    Contract--``Contract'' means collectively the Seller's Proposal, 
Seller's Technical Proposal including any general or feature 
descriptions, equipment lists, Seller's responses to the Buyer's 
specifications and Performance Requirements, the Buyer's Acceptance, 
Articles I through X herein, the Performance Requirements, and the 
Contractor's Bond when required by the Buyer.
    Contract construction-- Construction and installations performed 
using an RUS contract form. See 7 CFR 1755.93.
    Engineer-- A person registered as an engineer in the state where 
construction is performed, or a person on the borrower's staff, approved 
by RUS, authorized to perform engineering services.
    FAP (force account proposal)--The borrower's detailed plans 
submitted to RUS for force account construction.
    Force account construction--Construction performed by the borrower's 
employees under an RUS approved FAP, with the borrower furnishing all 
materials, equipment, tools, and transportation.
    FRS--RUS Form 481 (OMB control number 0572-0023), Financial 
Requirement Statement.
    GFR--RUS General Field Representative.
    Installation--The act of setting up or placing in position equipment 
for service or use in the borrower's system.
    Interim construction--The purchase of equipment or the conduct of 
construction under an RUS-approved plan of interim financing. See 7 CFR 
part 1737.
    Interim financing--Funding for a project which RUS has acknowledged 
may be included in a loan, should said loan be approved, but for which 
RUS loan funds have not yet been made available.
    Labor and materials--All the labor and materials required for 
construction.
    LD (loan design)--Supporting data for a loan application. See 7 CFR 
part 1737.
    Loan--Any loan made or guaranteed by RUS. See 7 CFR part 1735.
    Loan funds--Funds provided by RUS through direct or guaranteed 
loans. See 7 CFR part 1744 subpart C.
    Loan purposes--The high level objectives of the loan are to fund the 
construction. These purposes are first stated in the characteristics 
letter described in 7 CFR 1737.80, which is sent to the applicant to 
offer a loan after RUS has completed its preloan studies.
    Major construction--A telecommunications plant project estimated to 
cost more than $250,000, including all labor and materials.
    Minor construction--A telecommunications plant project estimated to 
cost $250,000 or less, including all labor and materials.
    Minor errors or irregularities--A defect or variation in a seller's 
bid that is a matter of form and not of substance. Errors or 
irregularities are ``minor'' if they can be corrected or waived without 
being prejudicial to other bidders and when they do not affect the 
price, quantity, quality, or timeliness of construction. Unless 
otherwise noted, the borrower determines whether an error or 
irregularity is ``minor.''
    Modernization plan--A State plan, which has been approved by RUS, 
for improving the telecommunications network of those Telecommunications 
Providers covered by the plan. A Modernization Plan must conform to the 
provisions of 7 CFR part 1751, subpart B.
    Negotiation--Any form of purchasing or contracting other than sealed 
competitive bidding. Any contract awarded without using the sealed 
competitive bidding procedure is a negotiated contract.
    Outside plant--The facilities that conduct electrical or optical 
signals between the central office and the subscriber's network 
interface or between central offices.
    Performance bond--A surety bond on a form satisfactory to RUS 
guaranteeing the contractor's faithful performance of a contract.
    P&S (plans and specifications)--An RUS contract form, the 
appropriate specifications, and such additional information and 
documents needed to provide a clear, accurate, and complete 
understanding of the installations to be made or construction to be 
performed.
    Project--``Project'' means any equipment, including but not limited 
to

[[Page 393]]

switching, routing, access, video, and/or transport equipment, which 
will be used in the delivery of voice, video, or data services, which 
are listed under Column 2, ``Equipment,'' in Schedule 1 hereto. A 
Project will have a single delivery and completion schedule listed under 
Column 7 and Column 8. The Contract may consist of one or more Projects.
    Responsive bid--A bid that complies with the requirements of the 
plans and specifications.
    RUS--the Rural Utilities Service, an agency of the United States 
Department of Agriculture established pursuant to Section 232 of the 
Federal Crop Insurance and Reform and Department of Agriculture 
Reorganization Act of 1994 (Pub. L. 103-354, 108 Stat. 3178), successor 
to Rural Electrification Administration with respect to administering 
certain electric and telecommunications program. See 7 CFR 1700.1.
    Sealed competitive bidding--A method of contracting that employs 
sealed competitive bids, public opening of bids, and award of the 
contract to the bidder submitting the lowest responsive bid. See Sec.  
1753.8.
    Single source negotiation--Negotiating with a single source 
(contractor or seller).
    Special equipment--Equipment used primarily for the transmission and 
enhancement of voice, data, carrier, radio and light signals, and other 
equipment and facilities, including incidental cable and other 
transmission equipment.
    Subcontract--A secondary contract undertaking some of the 
obligations of a primary contract. Under all RUS forms of contract, the 
primary contractor bears full responsibility for the performance of the 
subcontractor.
    Unbalanced bid--A bid which contains pricing for a task or material 
that is significantly higher or lower than pricing for similar tasks or 
materials.
    Work order construction--Minor construction performed by the 
borrower's employees, pursuant to its work order procedure, with the 
borrower furnishing all materials, equipment, tools, and transportation.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 58 FR 66259, Dec. 20, 1993; 59 FR 17464, Apr. 13, 
1994; 64 FR 16604, Apr. 6, 1999; 81 FR 71582, Oct. 18, 2016]



Sec.  1753.3  Preconstruction review.

    (a) Advance RUS approval must be obtained for any construction that 
does not conform to RUS standards and specifications or the approved LD, 
such as construction of extensions to serve subscribers in areas not 
included in the LD (See 7 CFR part 1737). For loans approved after RUS 
approval of the modernization plan in the borrower's state, the proposed 
construction must conform to the modernization plan, as required by 7 
CFR part 1751, subpart B. To obtain approval, the borrower shall submit 
a written proposal containing:
    (1) A description of the work, indicating any deviations from the 
approved LD or RUS standards and specifications.
    (2) An engineering study covering the deviations if there are 
changes in the design.
    (3) A cost estimate for labor, engineering, materials, and 
overheads.
    (4) If applicable, a brief analysis from the borrower demonstrating 
that the proposed changes conform to the modernization plan.
    (b) Before any construction, including interim construction, is 
initiated, the GFR shall meet with the borrower to review the LD to 
determine if any significant changes have occurred since its approval by 
RUS. It is important that the design and construction of the proposed 
facilities be based on the latest information on subscriber needs.
    (c) If the borrower and GFR agree that there have been no 
significant changes, the borrower may proceed.
    (d) If the GFR finds that the LD is no longer satisfactory, the 
borrower shall prepare an amendment to the LD incorporating the 
necessary revisions (See 7 CFR part 1737). The borrower must obtain RUS 
approval of the LD

[[Page 394]]

amendment before proceeding with engineering activities on any project 
to be financed with loan funds.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 58 FR 66259, Dec. 20, 1993; 59 FR 17464, Apr. 13, 
1994; 64 FR 16604, Apr. 6, 1999]



Sec.  1753.4  Major and minor construction.

    RUS's general requirements for construction are set forth in this 
subpart A. Additional requirements and procedures for different types of 
major construction are presented in subparts D, E, F, G, and H (OMB 
control number 0572-0062). The requirements and procedures for minor 
construction are presented in subpart I. Borrowers may, at their option, 
follow the procedures in subparts D, E, F, G, and H for any minor 
construction.



Sec.  1753.5  Methods of major construction.

    (a) All major construction projects financed by loan funds shall be 
performed pursuant to a contract approved by RUS and awarded through 
sealed competitive bidding unless
    (1) A specific exception is granted in subparts D, E, F, G, or H, or
    (2) Written RUS approval is obtained.
    (b) Contract construction. (1) RUS approval of the borrower's award 
of the contract is not required if the contractor is selected through 
sealed competitive bidding, the bid amount is $500,000 or less and the 
contractor is not a company or organization affiliated with the 
borrower. This does not relieve the borrower of the requirements of 
bidding or bid evaluation set contained in this part.
    (2) RUS approval of the borrower's award of the contract is required 
for all other competitively-bid and for negotiated major construction 
contracts.
    (3) The requirements and procedures for sealed competitive bidding 
are presented in Sec.  1753.8(a). The requirements and procedures for 
negotiation are presented in Sec.  1753.8(b).
    (c) Force account construction. To obtain RUS approval of the force 
account method for major construction the borrower must demonstrate its 
ability to perform major construction based on past force account 
construction which fully met RUS construction standards and was as cost-
effective as contract construction in the area. If the borrower has no 
record of past performance to support its request, but has adequate 
equipment and experienced personnel to perform the proposed 
construction, RUS may approve a small trial project. The requirements 
and procedures for force account construction are presented in subparts 
D, E, G, and H.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 59 FR 43716, Aug. 25, 1994; 64 FR 16604, Apr. 6, 
1999]



Sec.  1753.6  Standards, specifications, and general requirements.

    (a) Materials, equipment, and construction financed with loan funds 
must meet the standards and specifications established by RUS in 7 CFR 
1755.97 which lists the RUS Bulletins containing the standards and 
specifications for telephone facilities.
    (b) The borrower may use RUS loan funds to finance nonstandard 
construction materials or equipment only if approved by RUS in writing 
prior to purchase or commencement of construction.
    (c) Only new materials and equipment may be financed with loan 
funds, unless otherwise approved by RUS. The materials and equipment 
must be year 2000 compliant, as defined in 7 CFR 1735.22(e).
    (d) All materials and equipment financed with loan funds are subject 
to the ``Buy American'' provision (7 U.S.C. 901 et seq. as amended in 
1938).
    (e) All software, software systems, and firmware financed with loan 
funds must be year 2000 compliant, as defined in 7 CFR 1732.22(e).

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 59 FR 43716, Aug. 25, 1994; 63 FR 45679, Aug. 27, 
1998; 64 FR 16605, Apr. 6, 1999; 81 FR 71582, Oct. 18, 2016]



Sec.  1753.7  Plans and specifications (P&S).

    (a) The P&S consist of an RUS contract form, the appropriate RUS 
specifications, and such additional information and documents needed to 
provide a

[[Page 395]]

clear, accurate, and complete understanding of what is included in the 
construction.
    (b) 7 CFR 1755.93 provides a list of the RUS forms of 
telecommunications contracts for use in purchasing telephone materials 
and equipment and for constructing telephone facilities with loan funds. 
Also listed is the source where copies may be obtained.
    (c) The appropriate standards and specifications listed in 7 CFR 
part 1755 shall be included in the P&S. When RUS has not prepared 
standards and specifications, the borrower shall use all appropriate 
project specific engineering requirements and specifications prepared by 
the borrower's engineer. The specifications prepared by the borrower's 
engineer and based on appropriate project specific engineering 
requirements shall be subject to review and approval by RUS for all 
major construction, including major projects which would be exempted 
from RUS approval under paragraph (e) of this section.
    (d) The P&S shall be based on the LD approved by RUS. Section 1753.3 
presents the requirements and procedures for obtaining RUS approval for 
construction that does not conform to the LD approved by RUS.
    (e) RUS approval of P&S is required for construction that is 
estimated to cost over $500,000 or 25% of the total loan, whichever is 
less, and for all building construction. P&S for all other construction 
are exempt from RUS review and approval except that, at the time of 
contract approval, RUS will examine the plans and specifications for 
conformity with the loan purposes and to determine that they comply with 
other requirements of this part.
    (f) RUS will approve only contracts that will provide for at least 
the following requirements.
    (1) Equal employment opportunity provision. If this provision is not 
already in the contract, RUS Contract Form 270, Equal Opportunity 
Addendum, shall be attached and made a part of the contract.
    (2) Liquidated damages provision. (i) If not covered by the 
contract, an appropriate liquidated damages provision, in a form 
prescribed by RUS, shall be included and made a part of the contract
    (ii) The liquidated damages must be based upon the borrower's best 
estimate of the damages it would incur as a result of the contractor's 
default.
    (3) Insurance and bond requirements. (i) The insurance provision 
shall provide coverage as required by 7 CFR 1788.
    (ii) A contractor's bond shall be furnished as required by 7 CFR 
part 1788.
    (iii) The borrower is responsible for ensuring that its contractor 
complies with the insurance and bond requirements.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 59 FR 17679, Apr. 14, 1994; 64 FR 16605, Apr. 6, 
1999; 81 FR 71582, Oct. 18, 2016]



Sec.  1753.8  Contract construction procedures.

    (a) Sealed, competitive bidding--(1) Bid opening date. The borrower 
is responsible for scheduling the bid opening date. If RUS review of P&S 
is required by Sec.  1753.7, the borrower shall wait until approval has 
been received before setting the date. In setting the date, sufficient 
time should be allowed for the bidders to examine the project site and 
prepare their bids. The borrower shall notify GFR of the bid date and 
invite GFR to attend.
    (2) Invitations to bid. The borrower is responsible for sending 
invitations to prospective bidders and taking any other action necessary 
to procure full, free, and competitive bidding. The borrower should 
obtain from its engineer a list of prospective bidders and a 
recommendation indicating which bidders are considered qualified. The 
minimum number of contractors to be invited to bid on contracts for 
various types of facilities is set forth in subparts D, E, F, or H.
    (3) Qualifying bidders. If the notice and instructions to bidders 
require that bidders show evidence of meeting certain requirements, the 
borrower shall qualify bidders before issuing P&S to them. Procedures 
for qualifying bidders are contained in subparts D, E, and F.
    (4) Receipt of bids. The borrower shall write on the outside 
envelope of any bid or bid amendment, the date and

[[Page 396]]

time the bid was received. Any bid received from an unqualified bidder 
or after the time specified for opening shall be returned promptly to 
the bidder unopened.
    (5) Procedure when fewer than three bids are received. If fewer than 
three valid bids are received, the borrower shall consult with RUS to 
determine whether the bids are to be opened or returned unopened. RUS 
requires that the project be rebid if fewer than three bids are received 
and RUS determines that one or more other bidders with an express 
interest in bidding is available and could meet the bid requirements, 
but was not invited to bid. RUS shall also require rebidding if it is 
found that qualified bidders were discouraged from bidding by 
unreasonable bid requirements (such as late notification to bidders) or 
if the borrower fails to follow the bid procedure.
    (6) Conduct of bid openings. The borrower shall conduct bid openings 
open to the public. The borrower should be able to contact its attorney 
for immediate consultation.
    (7) Review of bids. The borrower shall review all bids prior to 
reading any bid results to determine that:
    (i) The bid guarantees are adequate.
    (ii) All minor errors or irregularities made through inadvertence 
are corrected or waived. Failing this, the bid shall be rejected as 
nonresponsive.
    (iii) In the event of non-minor errors or irregularities, the bid is 
rejected and the bid price not disclosed.
    (8) Reading of bids. Bid prices shall not be read until the borrower 
has reviewed all bids to determine if there are any minor errors or 
irregularities that may affect the recommendation as to award. These 
shall be made public at the same time the bid price is announced.
    (9) Evaluating bids. The borrower shall consider the same alternates 
in all bids in determining the low bid.
    (10) Rejection. The borrower shall reject:
    (i) All bids if quoted prices are not acceptable or if the 
specifications were ambiguous and resulted in bidders having different 
interpretations of the requirements.
    (ii) Any bid that is not responsive, or is incomplete, or submitted 
by an unqualified bidder, or unbalanced between labor and materials or 
other respects.
    (11) Award of contract. (i) The borrower shall obtain from the 
engineer the determination of the lowest responsive bid, a tabulation of 
all bids and the engineer's recommendation for award of the contract. 
Contract award is subject to RUS approval if either the cost of the 
project is over $500,000 or the contract is with an organization 
affiliated with the borrower. Contract award of all other projects is 
not subject to RUS approval.
    (ii) If an award is made, the borrower shall award the contract to 
the lowest responsive bidder. The borrower may award the contract 
immediately upon determination of the lowest responsive bidder if the 
following conditions are met:
    (A) The project is included in an approved loan and adequate funds 
were budgeted in the loan and are available.
    (B) All applicable RUS procedures were followed, including those in 
the Notice and Instructions to Bid in the standard forms of contract.
    (iii) If RUS approval of the award of contract is required under 
this paragraph (a)(11), the borrower shall send to RUS for consideration 
of approval of the award:
    (A) Two copies of the low bid.
    (B) The engineer's recommendation and the tabulation of all bids.
    (C) Evidence of acceptance of the low bid by the borrower, such as:
    (1) Certified copy of board resolution or
    (2) letter or telegram to RUS signed by a properly authorized 
corporate official.
    (iv) If RUS approval of the award of contract is not required under 
this paragraph (a)(11), the borrower shall keep a file available for 
inspection by RUS. The file shall be kept for at least two years and 
shall include:
    (A) One copy of all received bids.
    (B) The engineer's recommendation and tabulation of all bids 
including ``Buy American'' evaluations, if any, and all other 
evaluations required by law.
    (C) Evidence of acceptance of the low bid by the borrower, such as a 
copy of

[[Page 397]]

the board resolution certified by the Secretary of the board.
    (12) Execution of contract. (i) The borrower shall submit to RUS 
three original counterparts of the contract executed by the contractor 
and borrower.
    (ii) If RUS approves the contract, it shall return one copy to the 
borrower and send one copy to the contractor.
    (b) Negotiated construction contracts. (1) For the construction of 
certain facilities the borrower may negotiate a contract rather than 
solicit sealed competitive bids. Refer to the appropriate subparts E, F, 
or H for specific requirements and procedures.
    (2) For negotiated purchases, borrowers shall use RUS contract 
forms, standards, and specifications.
    (3) For all contract forms except RUS Form 773:
    (i) After a satisfactory negotiated proposal has been obtained, the 
borrower shall submit it to RUS for approval, along with the engineer's 
recommendation, and evidence of acceptance by the borrower.
    (ii) If RUS approves the negotiated proposal, the borrower shall 
submit three copies of the contract, executed by the contractor and 
borrower, to RUS for approval.
    (iii) If RUS approves the contract, RUS shall return one copy of the 
contract to the borrower and one copy to the contractor.
    (4) For RUS Form 773, the borrower is responsible for negotiating a 
satisfactory proposal, executing contracts, and closing the contract. 
See subparts F and I of this part for requirements for major and minor 
construction, respectively, on Form 773.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 59 FR 43716, Aug. 25, 1994; 64 FR 16605, Apr. 6, 
1999]



Sec.  1753.9  Subcontracts.

    (a) RUS construction contract Forms 257, 395, and 515, contain 
provisions for subcontracting. Reference should be made to the 
individual contracts for the amounts and conditions under which a 
contractor may subcontract work under the contract.
    (b) RUS Form 282, Subcontract, shall be used for subcontracts under 
construction and installation contracts.
    (1) Minor modifications or additions may be made to the subcontract 
form, as long as they do not change the intent of the primary contract. 
Any alterations to the subcontract shall be initialed and dated by the 
persons executing the subcontract.
    (2) Subcontracts shall be prepared in quadruplicate and all copies 
executed by the contractor and subcontractor and consented to by the 
borrower and surety, if any.
    (3) Four executed copies of the subcontract shall be forwarded to 
RUS for approval. Upon approval, one copy each will be sent to the 
borrower, contractor, and subcontractor.
    (c) As stated in contract Forms 257, 395, and 515, the contractor 
shall bear full responsibility for the acts and omissions of the 
subcontractor and is not relieved of any obligations to the borrower and 
to the Government under the contract.
    (d) As stated in the contract, construction shall not be performed 
by the subcontractor before approval of the subcontract by RUS.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 59 FR 43716, Aug. 25, 1994; 81 FR 71582, Oct. 18, 
2016]



Sec.  1753.10  Preconstruction conference.

    The borrower shall conduct a conference, attended by the borrower, 
contractor, and resident engineer prior to the beginning of construction 
to provide an opportunity to discuss and agree on responsibilities, 
procedures, practices, and methods before the work begins. The borrower 
shall provide each participant with a copy of the conference results. 
The GFR shall be invited to attend this conference.



Sec.  1753.11  Contract amendments.

    (a) The borrower must obtain RUS approval before execution of any 
amendment to a contract if
    (1) The amendment alters the terms and conditions of the contract or 
changes the scope of the project covered by the contract regardless of 
the amount of the contract before amendment,
    (2) The amendment increases the amount to be paid under the contract 
by 20% or more, or

[[Page 398]]

    (3) The amendment causes an unbonded contract to require a 
contractor's performance bond. This would occur when a contract that is 
executed in an amount below that requiring a performance bond by 7 CFR 
part 1788, subpart C, is amended to an amount above that amount.
    (b) Advance RUS approval to execute other contract amendments is not 
required. These amendments may be submitted to RUS at any time prior to 
closeout. If a borrower wishes to receive an advance of funds based on 
an amended contract amount (i.e., amendments that increase a contract by 
less than 20%), the borrower may initiate an increase in the amount 
approved for advance by submitting three copies of the amendment to RUS 
for approval.
    (c) For each amendment executed, the borrower shall make certain 
that:
    (1) The contractor's bond covers the additional work to be 
performed. If the amendment by itself (or together with preceding 
amendments) increases the original contract price by 20% or more, a bond 
extension will be required to bring the penal sum of the bond to the 
total amended contract price.
    (2) If an amendment covers construction in a county or state not 
included in the original contract, the borrower and contractor are 
licensed to do business in that location.
    (d) Upon execution of any amendment that causes the amended contract 
amount to exceed the original contract amount by 20% or more, three 
copies of the amendment shall be submitted to RUS for approval.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 64 FR 16605, Apr. 6, 1999]



Sec. Sec.  1753.12-1753.14  [Reserved]



                     Subpart B_Engineering Services

    Source: 54 FR 3984, Jan. 27, 1989, unless otherwise noted. 
Redesignated at 55 FR 39397, Sept. 27, 1990.



Sec.  1753.15  General.

    (a)(1) The standard RUS loan documents contain provisions regarding 
engineering and architectural services performed by or for RUS 
telecommunications borrowers. This part implements certain of the 
provisions by setting forth the requirements and procedures to be 
followed by borrowers in selecting architects and engineers and 
obtaining architectural and engineering services by contract or by force 
account.
    (2) Borrowers shall obtain architectural and engineering services 
only from persons or firms which are not affiliated with, and have not 
represented, a contractor, vendor or manufacturer who may provide labor, 
materials, or equipment to the borrower under any current loan.
    (3) Preloan architectural and engineering services may be provided 
by qualified personnel on the borrower's staff or by consultants. 
Neither the selection of a preloan architect or engineer by a borrower, 
nor the contractual arrangements with them, requires RUS approval.
    (4) Postloan architectural and engineering services shall be 
obtained by borrowers from registered architects and engineers licensed 
in the State in which the facilities will be located, except where RUS 
has approved the borrower to provide these services by the force account 
method. When the extent of the proposed major or minor construction is 
such that the postloan engineering involved is within the capabilities 
of employees on the borrower's staff, the borrower may request RUS 
approval to provide such services. This method of providing engineering 
services is referred to as force account engineering. Refer to Sec.  
1753.17(c).
    (5)(i) For major construction, services provided by architects and 
engineers not on the borrower's staff must be provided under Form 220, 
Architectural Service Contract, or Form 217, Postloan Engineering 
Service Contract--Telecommunications. These contracts require RUS 
approval.
    (ii) For minor construction, borrowers may use the contracts in 
paragraph (a)(5)(i) of this section for postloan architectural or 
engineering services or any other form of contract, such as Form 245, 
Engineering Service Contract, Special Services--Telephone. RUS approval 
of contracts for postloan architectural or engineering services 
associated with minor construction,

[[Page 399]]

except for buildings covered in paragraph (a)(6) of this section, is not 
required.
    (6) For buildings to be constructed with RUS funds, postloan 
architectural or engineering services shall be obtained if (1) the 
construction cost exceeds $50,000 (prefab buildings using manufacturer's 
specifications approved by RUS are exempt from this requirement) or (2) 
soil or seismic conditions require special design considerations.
    (b) For the purpose of this subpart B:
    (1) Contract--The services contract between the borrower and its 
architect or engineer.
    (2) Force Account Engineering--Any preloan or postloan engineering 
services performed by the borrower's staff.
    (3) Postloan engineering services--The design, procurement, and 
inspection of construction to accomplish the objectives of a loan as 
stated in a LD approved by RUS.
    (4) Preloan engineering services--The planning and design work 
performed in preparing a LD. This consists of helping the borrower 
determine the objectives for a loan, including consideration of RUS's 
requirements relating to the modernization plan, selecting the most 
effective and efficient methods of meeting loan objectives, and 
preparing the LD which describes the objectives and presents the method 
selected to meet them.
    (c) Single copies of RUS forms and publications cited in this part 
are available free from Administrative Services Division, Rural 
Utilities Service, United States Department of Agriculture, Washington, 
DC 20250-1500. These forms and publications may be reproduced.
    (d)(1) All outside architects and engineers employed by RUS 
telephone borrowers shall have insurance coverage as required by 7 CFR 
part 1788.
    (2) Borrowers shall ensure that their architects and engineers 
comply with the insurance requirements of their contracts. See 7 CFR 
1788.54.
    (e)(1) Borrowers shall make prompt payments to architects and 
engineers as required by the contract.
    (2) RUS shall not make loan funds available for late payment 
interest charges.

[54 FR 3984, Jan. 27, 1989. Redesignated at 55 FR 39397, Sept. 27, 1990, 
as amended at 58 FR 66259, Dec. 20, 1993; 59 FR 17464, Apr. 13, 1994; 64 
FR 16605, Apr. 6, 1999]



Sec.  1753.16  Architectural services.

    (a) The borrower shall be responsible for selecting an architect to 
perform the architectural services required in the design and 
construction of buildings.
    (b)(1) The borrower shall use Form 220 when contracting for 
architectural services for major construction, except that the borrower 
may use either Form 220 or Form 217 if the building is an unattended 
central office building.
    (2) The borrower and the architect negotiate the fees for services 
under Form 220.
    (3) Reasonable modifications or additions to the terms and 
provisions in Form 220 may be made, subject to RUS approval, to obtain 
the specific services needed for a building.
    (4)(i) Three copies of Form 220, executed by the borrower and the 
architect, shall be sent to GFR to be forwarded to RUS for approval. RUS 
will review the contract terms and conditions. RUS will not approve the 
contract if, in RUS's judgment:
    (A) Unacceptable modifications have been made to the contract form.
    (B) The contract will not accomplish loan purposes.
    (C) The architectural service fees are unreasonable.
    (D) The contract presents unacceptable loan security risk to RUS.
    (ii) If RUS approves the contract, RUS will send one copy to the 
architect and one copy to the borrower.
    (5) Loan funds will not be available to pay for the preliminary 
architectural services if a loan is not made for the construction 
project, or if the construction project is abandoned.
    (6) Subpart D of 7 CFR part 1753 sets forth the requirements and 
procedures to be followed by borrowers constructing central office, 
warehouse, and garage buildings with RUS loan funds.
    (c)(1) RUS telephone borrowers shall obtain two copies of a 
completed Form

[[Page 400]]

284, Final Statement of Architect's Fees, when all services and 
obligations required under the architectural services contract have been 
completed. All fees shown on the statement shall be supported by 
detailed information where appropriate. For example: out-of-pocket 
expense, cost plus, and per diem types of compensation shall be listed 
separately with labor, transportation, etc., itemized for each service 
involving these types of compensation.
    (2) If Form 284 and supporting data are satisfactory, the borrower 
shall approve the statement, sign both copies, and send one copy to the 
GFR.
    (3) Upon approval of Form 284 by RUS, the borrower shall promptly 
make final payment to the architect.

[54 FR 3984, Jan. 27, 1989. Redesignated at 55 FR 39397, Sept. 27, 1990, 
as amended at 59 FR 43717, Aug. 25, 1994; 64 FR 16606, Apr. 6, 1999]



Sec.  1753.17  Engineering services.

    (a)(1) All engineering services required by a borrower to support 
its application for a loan shall be rendered by a qualified engineer 
selected by the borrower or by qualified employees on the borrower's 
staff. The selection of the preloan engineer, the form of preloan 
engineering service contract, and the contract itself, are not subject 
to RUS approval. Borrowers, however, should discuss their proposed 
method of obtaining preloan engineering services with the GFR before 
proceeding with any arrangements.
    (2) Form 835, Preloan Engineering Service Contract, Telephone System 
Design, is a suggested form of preloan engineering service contract. 
While use of this form of contract is not required, it will be helpful 
in determining the tasks to be performed. Any form of contract used 
shall specify that preloan engineering services conform to RUS 
requirements for preloan studies. See subpart D of 7 CFR part 1737.
    (b)(1) Major construction. (i) Three copies of Form 217 executed by 
the borrower and the engineer shall be sent to the GFR to forward to RUS 
for approval. The engineer's estimate of the engineering fees, on Form 
506, shall be included.
    (ii) RUS will review the contract terms and conditions. RUS will not 
approve the contract if, in RUS's judgement:
    (A) Unacceptable modifications have been made to the contract form.
    (B) The contract will not accomplish loan purposes.
    (C) The engineering service fees are unreasonable.
    (D) The contract presents unacceptable loan security risk to RUS.
    (E) The consulting engineering firm is affiliated with or has 
represented a contractor, vendor, or manufacturer who may provide labor, 
materials, or equipment to the borrower under any current loan.
    (2) Minor construction. When a borrower contracts for an engineering 
firm to inspect and certify construction accounted for under the work 
order procedure or the Contract for Miscellaneous Construction Work and 
Maintenance Services, Form 773 (See 7 CFR part 1753 subpart I), the 
borrower shall require that the certification be signed by a licensed 
engineer.
    (c)(1) Major construction. When the extent and complexity of the 
proposed construction is such that the engineering involved is within 
the capabilities of employees on the borrower's staff, borrowers may 
request RUS approval to provide such services.
    (i) The request shall include:
    (A) A description of services to be performed.
    (B) The name and qualifications of the employee to be in charge. RUS 
requires this employee to meet the State experience requirements for 
registered engineers. In the absence of specific State experience 
requirements, the employee must have at least eight years experience in 
the design and construction of telecommunication facilities, with at 
least two years of the work experience at a supervisory level. RUS does 
not require professional registration of this employee, but this does 
not relieve the borrower from compliance with applicable State 
registration requirements which may require a licensed individual to 
perform such services.
    (C) The names, qualifications, and responsibilities of other 
principal employees who will be associated with providing the 
engineering services.

[[Page 401]]

    (D) A letter signed by an authorized representative of the borrower 
authorizing the engineering services to be performed by force account 
and certifying the information supporting the request.
    (ii) RUS shall notify the borrower by letter of approval or 
disapproval to perform force account engineering. The letter shall set 
forth any conditions associated with an approval or the reasons for 
disapproval.
    (iii) RUS's approval of force account engineering for major 
construction shall be only for the specific projects named in the notice 
of approval.
    (2) Minor construction. (i) When the borrower proposes to perform 
the inspection and certification of minor construction, the following 
shall be submitted to the RUS:
    (A) A copy of the employee's qualifications and experience record, 
unless previously submitted. RUS requires a minimum of four years of 
construction and inspection experience. The employee cannot be engaged 
in the actual construction.
    (B) A letter signed by an authorized representative of the borrower 
authorizing the performance of these services by the employee, subject 
to RUS approval, and certifying the supporting information.
    (ii) RUS shall notify the borrower by letter of approval or 
disapproval of the borrower's staff employee to perform the inspection 
and certification of construction. The approval shall be limited to the 
employee's area of expertise.
    (d)(1) Subject to the requirements of this part and other applicable 
regulations, RUS will make loan funds available for the architectural 
and engineering services up to the amounts included in the approved 
loan.
    (2) Advance of funds shall be requested on an FRS as set forth in 7 
CFR part 1744 subpart C.
    (e) The borrower shall obtain status of contract and force account 
proposal reports from the engineer once each month. The report shall 
show for each contract or FAP the approved contract or FAP amount, the 
date of approval, the scheduled date construction was to begin and the 
actual date construction began, the scheduled completion date, the 
estimated or actual completion date, the estimated or actual date of 
submission of closeout documents, and an explanation of delays or other 
pertinent data relative to progress of the project. One copy of this 
report shall be submitted to the GFR.
    (f)(1) Upon completion of all services required under the 
engineering service contract Form 217, the borrower shall obtain from 
the engineer four copies of the Final Statement of Engineering Fee, Form 
506.
    (2) If the statement is satisfactory, the borrower shall sign all 
copies and send three to the GFR.
    (3) After RUS approval of Form 506, one copy shall be sent to the 
borrower and one copy sent to the engineer.
    (4) The borrower shall promptly make final payment to the engineer.

[54 FR 3984, Jan. 27, 1989. Redesignated at 55 FR 39397, Sept. 27, 1990, 
as amended at 59 FR 43717, Aug. 25, 1994; 64 FR 16606, Apr. 6, 1999]



Sec.  1753.18  Engineer and architect contract closeout certifications.

    A certification of completion and inspection of construction signed 
by the borrower and countersigned in accordance with accepted 
professional engineering and architectural practice, by the engineer or 
architect, shall be prepared as evidence of completion of a major 
construction project. This certification shall make reference to the 
contract number and contract amount, and shall include the following:
    (a) A statement that the construction is complete and was done in 
accordance with the RUS approved system design or layout or subsequent 
RUS approved changes.
    (b) A statement that the construction was for loan purposes.
    (c) A statement that construction used was in accordance with 
specifications published by RUS covering the construction which were in 
effect when the contract was executed, or in the absence of such 
specifications, that it meets other applicable specifications and 
standards and that it meets all applicable national and local code 
requirements as to strength and safety.
    (d) A statement that the construction complies with the ``Buy 
American'' provision (7 U.S.C. 903 note) of

[[Page 402]]

the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.).
    (e) A statement that all necessary approvals have been obtained from 
regulatory bodies and other entities with jurisdiction over the project.
    (f) A statement that all closeout documents required by this part 
have been examined and found complete such that the Contractor has 
fulfilled all obligations under the contract except for warranty 
coverage.
    (g) A statement that the engineer or architect is not affiliated 
with and does not represent the contractor, vendor, or manufacturer who 
is a participant in the contract.

[64 FR 16606, Apr. 6, 1999, as amended at 81 FR 71582, Oct. 18, 2016]



Sec. Sec.  1753.19-1753.20  [Reserved]

Subpart C [Reserved]



                   Subpart D_Construction of Buildings

    Source: 54 FR 39267, Sept. 25, 1989, unless otherwise noted. 
Redesignated at 55 FR 39396, Sept. 27, 1990.



Sec.  1753.25  General.

    (a) This subpart implements and explains the provisions of the Loan 
Documents setting forth the requirements and the procedures to be 
followed by borrowers in constructing headquarters, commercial office, 
central office, warehouse, and garage buildings with loan funds.
    (b) Terms used in this subpart are defined in Sec.  1753.2.
    (c) All plans and specifications for buildings to be constructed 
with loan funds are subject to the approval of RUS. In addition, 
preliminary plans and specifications for headquarters and commercial 
office buildings to be constructed with loan funds are subject to RUS 
approval.
    (d) RUS Form 257, Contract to Construct Buildings, shall be used for 
the construction of all headquarters, commercial office, central office, 
warehouse, and garage buildings with loan funds. Refer to Sec.  1753.26 
for further instructions.
    (e) The borrower shall use the sealed competitive bid procedure for 
all building construction, except for:
    (1) Minor construction using subpart I procedures.
    (2) Major construction, where the borrower has received advanced 
approval to perform the construction by force account.
    Refer to Sec. Sec.  1753.27 and 1753.29 for further instructions.
    (f) The site location, design, and construction of the facilities 
must comply with all applicable laws and regulations, including:
    (1) Pub. L. 90-480 (42 U.S.C. 4151) (Access to Physically 
Handicapped), which requires certain buildings financed with Federal 
funds be designed and constructed to be accessible to the physically 
handicapped.
    (2) Pub. L. 91-596 (29 U.S.C. 651) the Occupational Safety and 
Health Act of 1970. OSHA issues rules and regulations covering 
occupational safety and health standards for buildings. These 
regulations are codified in 29 CFR chapter XVII.
    (3) 7 CFR part 1970.
    (4) 7 CFR part 1792, subpart C, which requires that the building 
design comply with applicable seismic design criteria. Prior to the 
design of buildings, borrowers shall submit to RUS a written 
acknowledgement from the architect or engineer that the design will 
comply.
    (g) All construction pertaining to the building structure shall be 
performed under one contract. Separate contracts may be used for 
planting shrubbery, surfacing of roads and parking areas, and other 
identifiable parts of the project not pertaining to the building 
structure. These separate contracts shall also be subject to RUS 
approval as described in this subpart D.
    (h) The borrower is responsible for submitting evidence, 
satisfactory to RUS, establishing that clear title to the building site 
has been obtained. RUS will not approve the construction contract until 
it has given title clearance.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 59 FR 43717, Aug. 25, 1994; 64 FR 16606, Apr. 6, 
1999; 81 FR 11028, Mar. 2, 2016]

[[Page 403]]



Sec.  1753.26  Plans and specifications (P&S).

    (a) For headquarters and commercial office buildings only, the 
borrower shall prepare preliminary P&S showing the floor plan and 
general architectural details of the building to be constructed using 
loan funds. In particular, the preliminary P&S shall address the 
requirements of Sec.  1753.25(f) and the Uniform Relocation Assistance 
and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et 
seq.). The P&S shall be submitted to the GFR and are subject to RUS 
approval.
    (b) The borrower shall prepare P&S for construction of all 
buildings. Each set of P&S shall include:
    (1) RUS Contract Form 257, Contract to Construct Buildings, 
completed to the extent explained in (c) of this section.
    (2) Complete and detailed specifications covering materials and 
workmanship.
    (3) A detailed building plan. Where the building is to house 
electronic apparatus, the detailed plan or specifications shall include 
the equipment environmental requirements and special equipment required.
    (4) A site plan for each building showing the building location and 
giving the legal description of the site. Sufficient information must be 
provided for the site so that it can be identified as the same property 
on which title opinion was submitted to RUS. The legal description shall 
be typed on the site plan. The borrower shall also furnish topographical 
information and a description of any proposed site development work and 
show proposed connections for public utilities.
    (c) RUS Contract Form 257 shall be completed as follows:
    (1) List of names or kinds of buildings and locations--Site plan and 
specifications must be identified with the appropriate building.
    (2) Alternates--The borrower shall keep the number of alternates to 
a minimum. Items for which alternates are to be taken shall be fully 
described on a separate sheet in the specifications and the details 
shown on the plans, when necessary, and identified by the alternate 
number. The Notice and Instructions to Bidders shall explain how bids 
will be evaluated with respect to alternates.
    (3) Time for construction--A reasonable time for completion of 
construction, considering local conditions, shall be determined by the 
borrower and inserted in the space provided. Too short a construction 
period may discourage bidders or influence their bids. Completion of the 
building, where central office equipment is involved, shall be 
coordinated with delivery of the equipment. The time of completion shall 
allow adequate drying time before the central office equipment is stored 
or installed in the building.
    (d) The plans and specifications shall show the identification and 
date of the model code used for seismic safety design considerations, 
and the seismic factor used. See 7 CFR part 1792, subpart C.
    (e) Two sets of the building plans and specifications shall be 
prepared and submitted to the GFR.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 59 FR 43717, Aug. 25, 1994; 64 FR 16606, Apr. 6, 
1999]



Sec.  1753.27  Bidding procedure.

    Upon RUS approval of the P&S, the borrower shall proceed as follows:
    (a) Bid documents shall consist of a copy of the approved P&S, 
including RUS Contract Form 257, completed in accordance with the 
instructions on the cover of the form and the plot plans showing site 
development details. For contracts in amounts of $100,000 or less, the 
borrower must specify in the Notice and Instructions to Bidders whether 
the contractor will be required to furnish a performance bond or a 
builder's risk policy.
    (b) The borrower shall determine that title to the real estate has 
been approved by RUS before the invitations to bid are released.
    (c) The borrower shall set the time for opening of bids, allowing 
ample time for bidders to prepare bids.
    (d) The borrower shall solicit bids as set forth in Sec.  
1753.8(a)(2). Invitations shall be sent to at least six prospective 
bidders.

[[Page 404]]

    (e) The borrower shall conduct bid opening and award of contract in 
accordance with the procedure set forth in Sec.  1753.8(a).



Sec.  1753.28  Contract amendments.

    (a) The general requirements for contract amendments are set forth 
in Sec.  1753.11.
    (b) The borrower shall prepare construction contract amendments on 
RUS Contract Form 238, Construction or Equipment Contract Amendments. 
See 7 CFR 1755.93 to obtain copies of Form 238.



Sec.  1753.29  Force account procedures.

    (a) The borrower must obtain RUS approval of the force account 
method of construction of buildings in advance in order to obtain RUS 
financing.
    (b) The borrower shall prepare the P&S in accordance with Sec.  
1753.26.
    (c) Prior to any construction activity or the purchase of materials 
or equipment, the borrower shall submit the FAP in duplicate to RUS, 
accompanied by a resolution indicating approval of the board of 
directors of the borrower or a letter signed by an authorized corporate 
official. The proposal shall include:
    (1) A Copy of the P&S.
    (2) An itemized list of all items of materials required for 
construction.
    (3) A construction schedule showing the estimated construction 
period for each major construction item.
    (4) An estimate of the material and labor and other costs for any 
construction item not provided for in the approved loan.
    (d) Force Account construction to be financed with loan funds shall 
not be started until RUS approval has been received by the borrower.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 59 FR 43717, Aug. 25, 1994]



Sec.  1753.30  Closeout procedures.

    (a) This section outlines the procedure to be followed to close out 
RUS Contract Form 257 (Contract to Construct Buildings) and construction 
or rehabilitation performed by the force account method.
    (b) RUS Form 257 Contract. (1) Whenever changes were made in the 
plans and specifications which did not require immediate submission to 
RUS of an amendment under Sec.  1753.11, a final contract amendment 
showing the changes shall be prepared.
    (2) Upon completion of the project, the borrower shall obtain 
certifications from the architect or engineer that the project and all 
required documentation are satisfactory and complete. The requirements 
for this certification are contained in Sec.  1753.18.
    (3) The engineer's or architect's contract closeout certification 
and the final amendment shall be submitted to RUS as a basis for the 
final advance of funds for the contract.
    (4) After all required RUS approvals are obtained, final payment is 
made in accordance with article III of RUS Form 257 once the borrower 
has received the architect's or engineer's certifications regarding 
satisfactory completion of the project.
    (c) Upon completion of force account construction, the borrower 
shall:
    (1) Arrange with its architect or engineer and the GFR for final 
inspection of the project.
    (2) Complete, with the assistance of its architect or engineer, the 
documents listed in the following table that are required for the 
closeout of force account construction.

                            Documents Required To Closeout Construction of Buildings
----------------------------------------------------------------------------------------------------------------
                                                      Use with      No. of copies prepared      Distribution
                                                -------------------           by           ---------------------
         RUS Form No.             Description                      ------------------------
                                                 Contract   Force               Architect/  Borrower  Contractor
                                                           account  Contractor   engineer
----------------------------------------------------------------------------------------------------------------
238..........................  Construction or          X  .......  ..........        (3)   (to RUS)   (to RUS)
                                Equipment
                                Contract
                                Amendment (if
                                not previously
                                submitted, send
                                to RUS for
                                approval).
181..........................  Certificate of           X  .......  ..........          2          1          1
                                Completion
                                (contract
                                construction)
                                \1\.

[[Page 405]]

 
231..........................  Certificate of           X  .......          1   ..........         1
                                Contractor.
224..........................  Waiver and               X  .......          1   ..........         1
                                Release of Lien
                                From Each
                                Supplier.
213..........................  Certificate (buy         X  .......          1   ..........         1
                                American).
None \2\.....................  ``As Built''             X        X  ..........          1          1
                                Plans and
                                Specifications.
None.........................  Guarantees,              X  .......          1   ..........         1
                                Warranties,
                                Bonds,
                                Operating or
                                Maintenance
                                Instructions,
                                etc.
None.........................  Architect/               X        X  ..........          2          1          1
                                Engineer
                                seismic safety
                                certification.
----------------------------------------------------------------------------------------------------------------
\1\ Cost of materials and services furnished by borrower are not to be included in Total Cost on RUS Form 181.
\2\ When only minor changes were made during construction, two copies of a statement to that effect from the
  Architect will be accepted instead of the ``as built'' Plans and Specifications.

    (3) Make distribution of the completed documents as indicated in the 
table in this section.
    (d) Final payment shall not be made until RUS has approved the 
closeout documents.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39396, Sept. 27, 
1990, as amended at 59 FR 43717, Aug. 25, 1994; 64 FR 16606, Apr. 6, 
1999]



Sec. Sec.  1753.31-1753.35  [Reserved]



     Subpart E_Purchase and Installation of Central Office Equipment

    Source: 54 FR 39267, Sept. 25, 1989, unless otherwise noted. 
Redesignated at 55 FR 39397, Sept. 27, 1990.



Sec.  1753.36  General.

    (a) This subpart implements and explains the provisions of the Loan 
Documents setting forth the requirements and the procedures to be 
followed by borrowers in purchasing and installing central office 
equipment financed with loan funds.
    (b) Terms used in this subpart are defined in Sec.  1753.2 and 
Equipment Contract, RUS Contract Form 395 (RUS Contract Form 395).
    (c) Borrowers shall use RUS Contract Form 395, and associated RUS 
Form 395a, Equipment Contract Certificate of Completion (Including 
Installation), when the firm supplying the equipment will install it and 
RUS Contract Form 395 and associated RUS Form 395b, Equipment Contract 
Certificate of Completion (Not Including Installation) when the supplier 
of the equipment will not be installing it. In either case the 
appropriate specifications shall be included in the contract.
    (d) Alternates, if any, specified in the P&S shall be kept to a 
minimum.
    (e) The borrower shall take sealed competitive bids for all central 
office equipment to be purchased under RUS Contract Form 395 using the 
procedure set forth in Sec. 1753.38(a), unless RUS approval to negotiate 
is obtained.
    (f) The borrower may request permission to negotiate with a single 
supplier for additional central offices to standardize equipment on a 
system basis. RUS approval to negotiate must be obtained before release 
of the plans and specifications to the supplier. Except for remote 
switching terminals associated with an existing central office, RUS will 
not approve negotiation with a non-domestic manufacturer for the purpose 
of standardization because such a purchase does not meet the RE Act 
``Buy American'' provisions.
    (g) Materials and equipment must meet the standards and general 
specifications approved by RUS.
    (h) Only new equipment shall be purchased unless otherwise approved 
by RUS.
    (i) All purchases of materials and equipment are subject to the 
``Buy American'' requirements.
    (j) If the sealed competitive bid procedure is followed, negotiation 
after bid opening will not be permitted.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39397, Sept. 27, 
1990, as amended at 64 FR 16607, Apr. 6, 1999; 81 FR 71582, Oct. 18, 
2016]

[[Page 406]]



Sec.  1753.37  Plans and specifications (P&S).

    (a) General. (1) Prior to the preparation of P&S, the borrower shall 
review with the GFR the current and future requirements for central 
office equipment.
    (2) The P&S shall specify the delivery and completion time required 
for each exchange.
    (3) P&S for equipment to be provided under an Equipment Contract, 
RUS Contract Form 395 (RUS Contract Form 395) contract without 
installation shall require the supplier to provide specific installation 
information and a detailed bonding and grounding plan to be utilized by 
the engineer, borrower, and others responsible for the installation of 
the equipment.
    (b) Preparation of P&S. The P&S shall include RUS Contract Form 395, 
Notice and Instructions to Bidders, specifications for the required 
equipment for each exchange, provision for spare parts, and all other 
pertinent data needed by the bidder to complete its proposal.
    (c) RUS review of P&S is required for construction estimated to cost 
over $500,000 total or estimated to cost more than 25% of the total 
loan, whichever is less.
    (1) If RUS review is required, the borrower shall submit one copy of 
the P&S to the GFR for RUS review.
    (2) RUS will review the P&S and notify the borrower in writing of 
approval or disapproval.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39397, Sept. 27, 
1990, as amended at 64 FR 16607, Apr. 6, 1999; 81 FR 71582, Oct. 18, 
2016]



Sec.  1753.38  Procurement procedures.

    (a) Sealed competitive bidding. Sealed competitive bidding of 
central office equipment shall be in two steps: presentation and 
evaluation of suppliers' technical proposals, and compliance with the 
sealed competitive bidding procedure set forth in Sec.  1753.8(a). The 
procedure is as follows:
    (1) Solicitation of bids. (i) After RUS approval of the 
specifications and equipment requirements (required only for projects 
expected to exceed $500,000 or 25% of the loan, whichever is less), the 
borrower shall send ``Notice and Instructions to Bidders'' to suppliers 
with central office equipment.
    (ii) The ``Notice'' must set forth the method of evaluating bids and 
must require the submission of equipment lists and traffic calculations 
with the bids.
    (iii) Equipment Contract, RUS Contract Form 395 (RUS Contract Form 
395) shall be used, except that the ``Notice'' shall state that prior to 
the bid opening a technical session will be conducted with each supplier 
to resolve any questions related to the technical proposal submitted by 
the supplier. The suppliers' technical proposals should be requested for 
presentation 30 days in advance of the bid opening to enable sufficient 
time to make the technical evaluation.
    (iv) The borrower shall solicit bids as set forth in Sec.  
1753.8(a)(2). The ``Notice'' shall be sent to at least three prospective 
bidders. A copy of the ``Notice'' and a list of such bidders shall be 
sent to RUS.
    (v) At the request of an invited supplier, the borrower shall 
provide two copies of the P&S.
    (2) Technical Sessions. (i) The borrower shall schedule individual 
technical sessions by the suppliers, notify each supplier of its 
scheduled date and time, notify the GFR of all scheduled dates and 
times, and request the following be available at the technical session:
    (A) Lists of equipment, material and software.
    (B) Proposed floor plan.
    (C) Power and heat dissipation calculations.
    (D) List of exceptions to plans and specifications.
    (E) Protection and grounding requirements.
    (F) Description of how office administration, maintenance and 
traffic collection are handled with step-by-step examples and printouts.
    (G) Explanation of processor and/or memory expansion required to 
meet ultimate size. This shall include discussions of software, 
processor memory, and hardware additions needed for line additions and 
the introduction of various future services; the relative costs of 
installing the necessary hardware and software initially as compared 
with the anticipated cost if installed at

[[Page 407]]

the time when the future services are to be offered.
    (H) Description of how special equipment such as loop tests, 
volunteer fire alarm circuit, line load control, etc., will function.
    (I) Description of method for translating initial office 
administration information into machine language, and proposal as to 
whether it will be done by the borrower or by the supplier.
    (J) Some types of equipment contain software. RUS Contract Form 395 
indicates whether the equipment contains software and whether the 
software contract stipulations are applicable.
    (K) Any other items pertinent to the technical proposal, such as 
information regarding changes that have been made in hardware and 
software of the equipment that is of like manufacture to that presently 
in operation in the borrower's system. This shall include requirements 
for additional spare parts or training which have developed as a result 
of significant change in system device technology.
    (ii) The borrower shall review in detail all exceptions to the P&S. 
No exceptions will be accepted unless all bidders are notified, in 
writing, of the change in the specifications and permitted to 
incorporate the change in their proposal.
    (iii) If the technical proposal is not responsive, the borrower 
shall notify the supplier, in writing, that its proposal will not be 
given further consideration and why.
    (iv) Changes in the P&S resulting from the technical sessions shall 
be subject to RUS's review and approval.
    (v) After evaluation of the technical proposals and RUS approval of 
the changes to P&S (required only for projects that are expected to 
exceed $500,000 or 25% of the loan, whichever is less), sealed bids 
shall be solicited from only those bidders whose technical proposals 
meet P&S requirements. When fewer than three bidders are adjudged 
qualified by the borrower to bid, RUS approval must be obtained to 
proceed. Generally, RUS will grant such approval only if the borrower 
can demonstrate to the satisfaction of RUS that a good faith effort was 
made to obtain at least three competitive bids. This would be 
demonstrated if all suppliers currently listed in I.P. 300-4 were 
invited to submit technical proposals.
    (vi) The borrower shall invite the GFR to attend the technical 
sessions.
    (3) Bidding and award of contract. (i) All bids must be completed, 
dated, and signed prior to submission.
    (ii) The bid opening and award of contract shall be conducted in 
accordance with the procedure set forth in Sec.  1753.8(a).
    (iii) The spare parts bid shall always be priced separately and 
added to the base bid when determining the low bidder.
    (b) Single source negotiated procurement. If RUS has approved the 
borrower's request to procure central office equipment through single 
source negotiation in accordance with requirements contained in Sec.  
1753.36(f), the borrower shall proceed in accordance with this 
subsection.
    (1) After RUS approval of the P&S and equipment requirements 
(required only for contracts expected to exceed $500,000 or 25% of the 
loan, whichever is less), the borrower shall send two complete copies of 
the approved P&S to the supplier and request that a proposal be 
submitted.
    (2) The borrower shall schedule a time and date for a technical 
session by the supplier and request that the items listed in Sec.  
1753.38(a)(2)(i) be available at the technical session. In addition to 
these items, the supplier shall be requested to provide a description of 
the exact differences in hardware and software between the borrower's 
existing equipment and the proposed equipment so that the borrower can 
determine spare parts interchangeability, need for retraining, and the 
compatibility of administration of the old and new equipment.
    (3) If the contract is expected to exceed $500,000 or 25% of the 
loan, whichever is less, changes in the P&S resulting from the technical 
session shall be subject to RUS review and approval.
    (4) The submitted proposal shall be based on the agreed-upon results 
of the technical evaluation and must be complete, dated, and signed.
    (5) The borrower shall obtain an award recommendation from its 
engineer.

[[Page 408]]

    (6) The following shall be sent to RUS for review and approval:
    (i) A copy of the engineer's recommendation to the borrower, and
    (ii) Evidence of acceptance of the proposal by the borrower, such as
    (A) A certified copy of the board resolution, or
    (B) A letter to RUS signed by an authorized corporate official.
    (7) RUS approval of the proposal will be conditioned upon the 
borrower obtaining prices that are consistent with current competitive 
prices. Upon RUS approval of the proposal, three copies of the contract 
shall be prepared with all specifications and proposal documents, and 
performance bonds, to be executed by the supplier and borrower.
    (8) The three complete, executed contracts shall be sent to the RUS 
Area Engineering Branch Chief for approval.
    (9) If RUS approves the contract, one copy will be returned to the 
borrower and one copy will be sent to the supplier.
    (10) Installation of the central office equipment and materials 
provided under RUS Contract Form 395 may be made in accordance with 
subpart I, if applicable, or by an approved Force Account Proposal 
(FAP).
    (c) Contract amendments. (1) The general requirements for contract 
amendments are set forth in Sec.  1753.11.
    (2) Equipment contract amendments shall be prepared on RUS Contract 
Form 238, Construction or Equipment Contract Amendments.
    (d) Additions. When additions to existing central office equipment 
are required:
    (1) A proposal shall be requested from the supplier.
    (2) The borrower shall prepare a plan containing an outline of the 
proposed use of the equipment, the proposal from the supplier and an 
estimate of the installation cost. If the total cost exceeds $500,000, 
RUS approval of the award of contract is required. The borrower shall in 
this case submit its plan and the supplier's proposal to GFR. If the 
cost does not exceed $500,000, the borrower's award of contract is not 
subject to RUS approval.
    (3) If RUS approval was required by paragraph (d)(2) of this 
section, upon RUS approval the purchase may be made using RUS Contract 
Form 395, or when applicable, the procedures contained in subpart I of 
this part.
    (4) If the purchase is to be made by contract, three executed copies 
of the contract with attachments are to be submitted to the RUS.
    (5) Installation of the central office equipment and materials 
procured by RUS Contract Form 395 without installation may be made in 
accordance with subpart I, if applicable, or by an approved FAP.
    (e) Preinstallation conference. RUS recommends, but does not 
require, that the borrower hold a preinstallation conference, attended 
by the borrower, its engineer, equipment installers, and if possible the 
GFR, prior to the beginning of the installation of the central office 
equipment.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39397, Sept. 27, 
1990, as amended at 59 FR 17679, Apr. 14, 1994; 64 FR 16607, Apr. 6, 
1999; 81 FR 71583, Oct. 18, 2016]



Sec.  1753.39  Closeout documents.

    Closeout of Equipment Contract, RUS Contract Form 395 (RUS Contract 
Form 395) (including or not including installation) shall be conducted 
as follows:
    (a) Contract amendments. Amendments that must be submitted to RUS 
for approval, as required by Sec.  1753.11, shall be submitted promptly. 
All other amendments may be submitted to RUS with the engineer's 
contract closeout certification.
    (b) Acceptance tests. The borrower will perform acceptance tests as 
part of the partial closeout and final closeout of RUS Contract Form 395 
that will demonstrate compliance with the requirements as specified by 
the borrower's engineer in the Performance Requirements. Other tests 
demonstrating compliance will be acceptable.
    (c) Grounding system audit. A grounding system audit shall be 
performed and found acceptable for equipment provided under RUS Contract 
Form 395, (including or not including installation), prior to placing a 
central office or remote switching terminal into full service operation. 
The audits are to be conducted in accordance with the requirements 
specified by the borrower's

[[Page 409]]

engineer in the Performance Requirements. The audits shall be performed 
by the contractor and borrower when using the RUS Contract Form 395 with 
equipment installation and by the borrower when using the RUS Contract 
Form 395 without equipment installation.
    (d) Partial Closeout Procedure. Under conditions set forth in RUS 
Contract Form 395, a contractor may, when approved by the borrower, 
receive payment in full for central offices and their respective 
associated remote switching terminals upon completion of the 
installation without awaiting completion of the project. The contractor 
is to receive such payment, according to procedures contained in the 
applicable sections of RUS Contract Form 395. In addition to complying 
with the appropriate partial closeout procedure contained in RUS 
Contract Form 395, the borrower shall:
    (1) Obtain from the engineer a certification of partial closeout; 
and
    (2) Submit one copy of the summary to RUS with an FRS.
    (e) Final contract closeout procedure. The documents required for 
the final closeout of the equipment contract, RUS Contract Form 395 with 
or without installation, are listed in the Table 1 to paragraph (e), 
which also indicates the number of copies and their distribution.

                  Table 1 to Paragraph (e)--Documents Required To Close Out Equipment Contract,
                                              RUS Contract Form 395
----------------------------------------------------------------------------------------------------------------
                                            Number of copies prepared by                 Distribution
 RUS Form No.         Description      -------------------------------------------------------------------------
                                              Seller            Engineer            Buyer            Seller
----------------------------------------------------------------------------------------------------------------
213...........  Certificate (Buy        1................  .................  1...............
                 American).
238...........  Construction or         .................  3 sent to RUS....  1 from RUS......  1 from RUS.
                 Equipment Contract
                 Amendment (If not
                 previously submitted,
                 send to RUS for
                 approval).
395a..........  Certificate of          .................  2................  1...............  1.
                 Completion for
                 Equipment Contract
                 (Including
                 Installation).
395b..........  Certificate of          .................  2................  1...............  1.
                 Completion for
                 Equipment Contract
                 (Not Including
                 Installation).
395c..........  Certificate of          1................  .................  1...............
                 Contractor and
                 Indemnity Agreement
                 (Use only for
                 installation
                 contracts).
None..........  Report in writing,      .................  1................  1...............
                 including all
                 measurements, any
                 acceptance test
                 report and other
                 information required
                 under Part II of the
                 applicable
                 specifications (Form
                 395d may be used).
None..........  Set of maintenance      1................  .................  1...............
                 recommendations for
                 all equipment
                 furnished under the
                 contract.
----------------------------------------------------------------------------------------------------------------

    (f) Once RUS approval has been obtained for any required amendments, 
the borrower shall obtain certifications from the engineer that the 
project and all required documentation are satisfactory and complete. 
The requirements for the final contract certification are contained in 
Sec.  1753.18.
    (g) Once these certifications have been received, final payment 
shall be made according to the payment terms of the contract. Copies of 
the certifications shall be submitted with the FRS, requesting the 
remaining funds on the contract.

[81 FR 71583, Oct. 18, 2016]



Sec. Sec.  1753.40-1753.45  [Reserved]



         Subpart F_Outside Plant Major Construction by Contract

    Source: 54 FR 39267, Sept. 25, 1989, unless otherwise noted. 
Redesignated at 55 FR 39397, Sept. 27, 1990.



Sec.  1753.46  General.

    (a) This subpart implements and explains the provisions of the loan 
documents setting forth the requirements and procedures to be followed 
by borrowers when outside plant major construction by contract is 
financed by loan funds. Terms used in this subpart are defined in Sec.  
1753.2 and RUS Contract Form 515.

[[Page 410]]

    (b) The contract method for major construction is described in Sec.  
1753.5(b).
    (c) The two contract forms which may be used for major outside plant 
construction are Form 515 and Form 773. Limitations on the applicability 
of these forms shall be as follows:
    (1) Form 515 shall be used for major outside plant construction 
projects which will be competitively bid. The contract contains plans 
and specifications and has no dollar limitation. See Sec. Sec.  1753.47, 
1753.48 and 1753.49.
    (2) Contract Form 515, which is for $250,000 or less, may, at the 
borrower's option, be negotiated. See Sec.  1753.48(b).
    (3) RUS Form 773 may be used for minor outside plant projects which 
are not competitively bid because they cannot be designed and staked at 
the time of contract execution. Projects of this nature include routine 
line extensions and placement of subscriber drops. See subpart I of this 
part.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39397, Sept. 27, 
1990, as amended at 59 FR 43717, Aug. 25, 1994; 64 FR 16608, Apr. 6, 
1999]



Sec.  1753.47  Plans and specifications (P&S).

    (a) General. (1) Prior to the preparation of P&S for the 
construction project:
    (i) A review shall be made of the outside plant requirements, and 
the Loan Design (LD) shall be revised to reflect any needed changes (See 
Sec.  1753.3).
    (ii) Deviations from the approved LD (7 CFR part 1737) must be 
approved by RUS (See Sec.  1753.3).
    (2) The standard RUS specifications required for construction of 
outside plant facilities are:
    (i) RUS Form 515a (Bulletin 345-150)--Specifications and Drawings 
for Construction of Direct Buried Plant.
    (ii) RUS Form 515c (Bulletin 345-151)--Specifications and Drawings 
for Conduit and Manhole Construction.
    (iii) RUS Form 515d (Bulletin 345-152)--Specifications and Drawings 
for Underground Cable Installation.
    (iv) RUS Form 515f (Bulletin 345-153)--Specifications and Drawings 
for Construction of Pole Lines and Aerial Cables.
    (v) RUS Form 515g (Bulletin 345-154)--Specifications and Drawings 
for Service Entrance and Station Protector Installation.
    (b) Preparation of plans and specifications. Each set of plans and 
specifications shall include:
    (1) RUS Contract Form 515, ``Telephone System Construction Contract 
(Labor and Materials).''
    (2) The specifications described in paragraph (a)(2) of this section 
as specified by the borrower in the RUS Contract Form 515.
    (3) Description of special assembly units and guide drawings, if 
any.
    (4) Key, detail, and cable layout maps.
    (5) RUS Contract Form 787, ``Supplement A to Construction Contract, 
RUS Contract Form 515,'' when the borrower proposes to provide any 
materials to the contractor. The borrower shall not order materials for 
a contractor without RUS approval. In such cases the borrower must 
attach Form 787 and a ``List of Owner's Materials on Hand'' and/or a 
``List of Materials Ordered by Owner but Not Delivered'' to contract 
Form 515 (See Sec.  1753.48(f) of this part). Any materials furnished 
under Supplement A shall be listed in RUS Bulletin 344-2 unless special 
RUS approval has been received by the borrower to use unlisted 
materials.
    (c) Submission of plans and specifications to RUS. (1) If the 
project does not exceed $500,000 or 25% of the loan, whichever is less, 
the borrower shall furnish GFR one set of P&S. The borrower may then 
proceed with procurement in accordance with Sec.  1753.48.
    (2) If the project exceeds $500,000 or 25% of the loan, whichever is 
less, RUS approval of P&S is required. Two sets of P&S shall be 
furnished to GFR. RUS will return one set to the borrower upon notice of 
approval. The borrower may then proceed with procurement in accordance 
with Sec.  1753.48.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39397, Sept. 27, 
1990, 55 FR 53488, Dec. 31, 1990, as amended at 64 FR 16609, Apr. 6, 
1999]



Sec.  1753.48  Procurement procedures.

    (a) Sealed competitive bidding--(1) Qualifying bidders. (i) The 
borrower is responsible for selecting qualified contractors to bid on 
the project. See

[[Page 411]]

Sec.  1753.8(a)(3). Questions relating to bidders' qualifications shall 
be resolved prior to the pre-bid conference.
    (ii) RUS Form 274 or its equivalent, supplemented by RUS Form 276, 
shall be used for the submission of bidders' qualifications for all 
types of construction and for the required information on the bidder and 
subcontractors.
    (2) Invitations to bid-- The borrower shall solicit bids as set 
forth in Sec.  1753.8(a)(2). Invitations shall be sent to at least 6 
prospective bidders.
    (3) Pre-bid conference. (i) Representatives of the borrower and its 
engineer shall be present at the pre-bid conference at the time and 
place designated in the Notice to Bidders. The borrower shall invite the 
GFR to attend the pre-bid conference.
    (ii) The purpose of the pre-bid conference is to acquaint the 
bidders with the scope and special considerations of the project and to 
clarify any concerns the bidders may have.
    (iii) No proposals shall be considered from bidders that do not 
attend the pre-bid conference unless the bidder has been notified by the 
engineer that such bidder's attendance has been waived. Attendance can 
be waived if, in the judgment of the engineer, the bidder would gain no 
additional understanding of the construction project by attending the 
pre-bid conference.
    (iv) The borrower shall obtain from the engineer the minutes of the 
pre-bid conference and shall distribute them to all potential bidders.
    (v) When fewer than three bidders have been qualified to submit 
bids, RUS written approval must be obtained to proceed with requesting 
bids.
    (4) Bid openings. (i) Bid openings and award of the contract shall 
be conducted in accordance with Sec. Sec.  1753.5(b)(1) and 1753.8(a).
    (ii) If Sec.  1753.8 requires RUS approval of award of the bid, the 
borrower shall submit to RUS two copies of the assembly unit sections of 
the apparent lowest responsive bid accepted by the borrower.
    (b) Negotiated procurement. (1) Competitive bids are not required 
for outside plant construction that is estimated to cost $250,000, or 
less, inclusive of labor and materials.
    (2) The procedures to be followed are contained in Sec.  1753.8(b) 
and paragraphs (3) and (4) of this section.
    (3) Negotiation conference. (i) The borrower shall schedule a 
conference to be attended by representatives of the engineer, the 
borrower and the contractor selected for negotiations. The borrower 
shall invite the GFR to attend this conference.
    (ii) The purpose of the negotiation conference is to acquaint the 
contractor with the scope and special considerations of the project and 
to answer any questions.
    (iii) The borrower shall obtain from the engineer notes covering the 
negotiation conference and shall distribute them to all attendees.
    (4) Two copies of the assembly unit sections of the negotiated 
contractor's proposal shall be sent to the GFR for approval.
    (c) Contract amendments. The borrower shall prepare contract 
amendments in accordance with Sec.  1753.11 on RUS Contract Form 526, 
Construction Contract Amendment.
    (d) Subcontracts. The RUS requirements for subcontracts and the 
procedures to be followed are set forth in Sec.  1753.9.
    (e) Preconstruction conference. The borrower shall conduct a 
conference, attended by the borrower, contractor, subcontractors, 
resident engineer, and the GFR, prior to the beginning of cable 
placement, to resolve any questions pertaining to the construction. 
Results of the conference shall be provided to each conference 
participant (See Sec.  1753.10).
    (f) Owner-furnished materials. When the borrower furnishes materials 
under RUS Contract Form 787, Supplement A to Construction Contract, 
these steps shall be followed:
    (1) Materials on hand to be furnished by the borrower shall be 
released to the contractor at the start of construction. Materials on 
order but not received shall be provided to the contractor as they 
become available. The borrower shall obtain from the contractor a 
written receipt for all such materials delivered.
    (2) Materials on hand, until released to the contractor, shall be 
covered by fire and either wind-storm or extended

[[Page 412]]

coverage insurance, exclusive of materials stored in the open and not 
within 100 feet of any building. Poles, wherever stored, shall be 
covered by fire insurance. All insured values must be at least 80 
percent of the cash value of the property insured.
    (3) Subject to adjustment at the time of final settlement, the 
borrower shall obtain from the contractor monthly invoices that show 
credit to the borrower, at the prices quoted in Form 787, Supplement A, 
for all materials furnished by the borrower and installed by the 
contractor during the preceding month.
    (4) Any materials furnished by the borrower remaining as surplus at 
the completion of construction shall be returned to the borrower. For 
such materials, the borrower shall furnish a written receipt to the 
contractor and credit the contractor at the prices quoted in Supplement 
A.
    (g) Changes or corrections in construction. (1) When changes or 
corrections in construction are necessary, and the cost of such changes 
or corrections is properly chargeable to the borrower, the borrower 
shall have its engineer prepare and sign four copies of a Construction 
Change Order, RUS Form 216, obtain borrower's approval and forward the 
four copies to the contractor. Receipt of the executed Construction 
Change Order by the contractor will constitute authorization to proceed 
with the changes or corrections.
    (2) When the changes or corrections have been made, the borrower 
shall have the contractor complete the form, itemizing the costs in 
accordance with the terms of the contract, and return three copies to 
the borrower's engineer. A copy of each change order shall be attached 
to each copy of the construction inventory required to close out the 
contract.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39397, Sept. 27, 
1990, as amended at 64 FR 16609, Apr. 6, 1999]



Sec.  1753.49  Closeout documents.

    (a) General. The borrower shall be responsible for preparing the 
closeout documents with, if necessary, the assistance of the GFR.
    (b) Documents required. The following table lists the documents 
required to closeout the RUS contract Form 515.

                              Documents Required To Closeout Construction Contract
                                                 [RUS Form 515]
----------------------------------------------------------------------------------------------------------------
                                                               No. of copies prepared         Distribution
                                                                         by            -------------------------
        RUS Form No.                    Description          --------------------------
                                                               Contractor    Engineer     Borrower    Contractor
----------------------------------------------------------------------------------------------------------------
724.........................  Final Inventory--Certificate    ...........            2            1            1
                               of Completion.
724a........................  Final Inventory--Assembly       ...........            2            1            1
                               Units.
None........................  Contractor's Bond Extension             (3)  ...........     (to RUS)     (to RUS)
                               (send to RUS when required).
281.........................  Tabulation of Materials                   2  ...........            1            1
                               Furnished by Borrower.
213.........................  Certificate--``Buy American''.            1  ...........            1
None........................  Listing of Construction Change  ...........            1            1
                               Orders.
224.........................  Waiver and Release of Lien                1  ...........            1
                               (from each supplier).
231.........................  Certificate of Contractor.....            1  ...........            1
527.........................  Final Statement of              ...........            2            1            1
                               Construction.
None........................  Reports on Results of           ...........            1            1            1
                               Acceptance Tests.
None........................  Set of Final Staking Sheets...  ...........            1            1
None........................  Tabulation of Staking Sheets..  ...........            1            1
None........................  Correction Summary (legible     ...........            1            1
                               copy).
None........................  Treated Forest Products         ...........  ...........            1
                               Inspection Reports or
                               Certificates of Compliance
                               (prepared by inspection
                               company or supplier).
None........................  Final Key Map (when             ...........            1            1
                               applicable).
None........................  Final Central Office Area and   ...........            1            1  ...........
                               Town Maps.
----------------------------------------------------------------------------------------------------------------

    (c) Closeout procedure. (1) After construction has been completed in 
accordance with the plans and specifications, and acceptance tests have 
been made, the borrower shall arrange the time for a final inspection to 
be made by the borrower's engineer, the contractor, the GFR and a 
representative of the borrower.

[[Page 413]]

    (2) Final inventory documents. (i) The borrower shall obtain 
certifications from the engineer that the project and all required 
documentation are satisfactory and complete. Requirements for these 
contract closeout certifications are contained in Sec.  1753.18.
    (ii) The borrower shall prepare and distribute the final inventory 
documents in accordance with the tables contained in this section. The 
documents listed for RUS shall be retained by the borrower for 
inspection by RUS for at least two years from the date of the engineer's 
contract closeout certification.

                          Step-by-Step Procedure for Closeout of Construction Contract
                                                 [RUS Form 515]
----------------------------------------------------------------------------------------------------------------
                      Sequence
----------------------------------------------------           By                         Procedure
        Step No.                    When
----------------------------------------------------------------------------------------------------------------
1......................  Upon Completion of          Borrower's Engineer..  Prepares the following: a set of
                          Construction.                                      Detail Maps and a set (when
                                                                             applicable) of Key Maps which show
                                                                             in red the work done under the 515
                                                                             contract; a Tabulation of Staking
                                                                             Sheet; and a tentative Final
                                                                             Inventory, RUS Forms 724 and 724a.
2......................  After acceptance tests      Borrower's Engineer..  Forwards letter to the borrower with
                          made.                                              copies to the GFR stating that the
                                                                             project is ready for final
                                                                             inspection. Schedules inspection
                                                                             date.
3......................  Upon receipt of letter      GFR..................  Advises borrower whether attending
                          from Borrower's Engineer.                          the final inspection will be
                                                                             possible.
4......................  By inspection date........  Borrower's Engineer..  Obtains and makes available the
                                                                             following documents: a set of ``as
                                                                             constructed'' detail maps and (when
                                                                             applicable) ``as built'' key maps;
                                                                             a list of construction change
                                                                             orders; the final staking sheets;
                                                                             the tabulation staking sheets; the
                                                                             treated forest products inspection
                                                                             reports or certificates of
                                                                             compliance; the tentative final
                                                                             inventory, RUS Forms 724 and 724a;
                                                                             the tentative tabulation, RUS Form
                                                                             231 (if borrower furnished part of
                                                                             material); and, a report of results
                                                                             of acceptance tests.
5......................  During inspection.........  Borrower's Engineer..  Issues instructions to contractor
                                                                             covering corrections to be made in
                                                                             construction as a result of
                                                                             inspection.
6......................  During inspection.........  Contractor...........  Corrects construction on basis of
                                                                             instructions from the borrower's
                                                                             engineer. The corrections should
                                                                             proceed closely behind the
                                                                             inspection in order that the
                                                                             borrower's engineer can check the
                                                                             corrections before leaving the
                                                                             system.
7......................  During inspection.........  Borrower's Engineer..  Inspects and approves corrected
                                                                             construction. Marks inspected areas
                                                                             on the key map, if available,
                                                                             otherwise on the detail maps.
8......................  Upon completion of          Borrower's Engineer..  Prepares or obtains all the closeout
                          inspection.                                        documents listed in Table 3.
9......................  After signing final         Borrower.............  Prepares and submits to RUS the
                          inventory.                                         engineer's certifications of
                                                                             completion and a Financial
                                                                             Requirement Statement, RUS Form
                                                                             481, requesting amount necessary to
                                                                             make final payment due under
                                                                             contract.
10.....................  On receipt of final         Borrower.............  Promptly forwards check for final
                          advance.                                           payment to contractor.
11.....................  During subsequent loan      RUS Field Accountant.  Examines borrower's construction
                          fund audit review                                  records for compliance with the
                          following final payment.                           construction contract and Subpart
                                                                             F, and examines RUS Form 281
                                                                             (Tabulation of Materials Furnished
                                                                             by Borrower) if any, for
                                                                             appropriate costs.
----------------------------------------------------------------------------------------------------------------

    (iii) When the total inventory price exceeds the maximum contract by 
more than 20 percent, an extension to the contractor's bond is required.
    (iv) The borrower shall submit the engineer's contract closeout 
certification with FRS for the final advance of funds.
    (3) Final payment shall be made according to the payment provisions 
of article III of RUS Form 515, except that certificates and other 
documents required to be submitted to or approved by the Administrator 
shall be

[[Page 414]]

submitted to and approved by the Owner.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39397, Sept. 27, 
1990, as amended at 59 FR 43717, Aug. 25, 1994; 64 FR 16609, Apr. 6, 
1999]



Sec. Sec.  1753.50-1753.55  [Reserved]



       Subpart G_Outside Plant Major Construction by Force Account

    Source: 55 FR 3572, Feb. 2, 1990, unless otherwise noted. 
Redesignated at 55 FR 39397, Sept. 27, 1990.



Sec.  1753.56  General.

    (a) This subpart implements and explains the provisions of the loan 
documents setting forth the requirements and the procedures to be 
followed by borrowers for outside plant major construction by the force 
account method with RUS loan funds. Terms used in this subpart are 
defined in Sec.  1753.2 and RUS Contract Form 515.
    (b) A borrower shall not use the force account method for 
construction financed with loan funds unless prior RUS approval has been 
obtained.
    (c) Generally, RUS will not approve the force account method for 
major outside plant construction for the initial loan to a borrower.
    (d) The Force Account Proposals (FAPs) are subject to review and 
approval by RUS.
    (e) The FAP is approved by RUS on the basis of estimated labor and 
material costs. The FAP is closed based on the borrower's actual cost of 
performing the construction. RUS will provide loan funds only up to the 
amount determined by the completed assembly units priced at the unit 
prices in the approved FAP.

(Approved by the Office of Management and Budget under control number 
0572-0062)



Sec.  1753.57  Procedures.

    (a) The request. (1) The borrower shall submit to RUS a certified 
copy of the board resolution or a letter signed by an authorized 
corporate official requesting approval to use the force account method 
of construction. The request shall state the advantages of the force 
account method of construction and provide the following information:
    (i) The scope of the construction to be undertaken, stating briefly 
the facilities and equipment to be installed and other pertinent data.
    (ii) The name and qualifications of the construction supervisor who 
will be directly in charge of construction, the names and qualifications 
of the construction foremen, and the availability of qualified 
construction personnel. The construction supervisor must have at least 5 
years outside plant construction experience with at least 2 years at the 
supervisory level on RUS financed projects. Construction foremen must 
have at least 3 years of outside plant construction experience.
    (iii) The availability of equipment for construction, exclusive of 
equipment needed for normal operation and maintenance.
    (2) [Reserved]
    (b) Force Account Proposal (FAP). Upon receiving RUS approval to use 
the force account method, the borrower, prior to any construction 
activity or the purchase of materials or equipment, shall submit to RUS 
two copies of its FAP. The FAP shall consist of:
    (1) The RUS Contract Form 515 and appropriate supporting attachments 
that normally would be provided as plans and specifications for contract 
construction. See Sec.  1753.47.
    (2) The cost estimate, using Form 515 as a convenient means of 
showing the following:
    (i) The quantity and cost estimates of the various assembly units 
required. ``Labor and other'' cost will not include the cost of 
engineering, legal, and other professional services, interest during 
construction, preliminary survey and investigation charges, and right-
of-way easement procurement costs.
    (ii) A list identifying materials or construction for which loan 
funds will not be requested.
    (3) The estimated completion time.
    (c) Storage of materials. All materials ordered for the construction 
shall be stored separate from normal maintenance materials.
    (d) Construction--(1) Preconstruction conference. The borrower shall 
arrange

[[Page 415]]

a conference, attended by the manager, construction supervisor, 
construction foremen, resident engineer and the GFR prior to the 
beginning of construction to clarify any questions pertaining to the 
construction. Notes of the conference shall be provided to each 
conference participant.
    (2) Construction schedule and progress reports. The borrower shall 
obtain from the engineer a construction schedule and submit one copy to 
the GFR. The schedule shall include the starting date and a statement 
indicating that materials are either delivered or deliveries are assured 
to permit construction to proceed in accordance with the construction 
schedule. The borrower shall obtain from the engineer progress reports 
and submit one copy of each to the GFR. RUS Form 521 may be used for the 
construction schedule and the progress report.
    (3) Borrower's management responsibilities. (i) Obtain all right-of-
way easements, permits, etc., prior to construction.
    (ii) Maintain records on all expenditures for materials, labor, 
transportation, and other costs of construction, in order that all costs 
may be fully accounted for upon completion of construction.
    (iii) Ensure that all the required inspections and tests are made.
    (4) Engineer's responsibilities. (i) Inspect and inventory 
construction as completed.
    (ii) Require timely corrections and cleanup.
    (iii) Perform acceptance tests as construction is completed.
    (iv) Provide ``as built'' staking sheets of completed construction 
when the final inspections are made.
    (v) Maintain accurate and current inventories of completed 
construction.
    (5) Construction supervisor's responsibilities. (i) Correct 
construction errors as construction progresses.
    (ii) Maintain an accurate inventory of completed construction.
    (iii) Perform cleanup as construction is completed.
    (iv) Perform all the inspections and acceptance tests a contractor 
would be required to make under the construction contract.
    (v) Promptly perform cleanup required after final inspection.



Sec.  1753.58  Closeout documents.

    (a) General. (1) This section outlines the procedure to be followed 
in the preparation of closeout documents for the FAP.
    (2) The period between the completion of construction and submission 
of the closeout documents to RUS should not exceed 60 days.
    (b) Documents. The documents required to close the FAP are listed in 
the following table. The following is a brief description of the 
closeout documents:

Documents Required To Close Out Force Account Outside Plant Construction
------------------------------------------------------------------------
         RUS Form No.                         Description
------------------------------------------------------------------------
817, 817a, 817b..............  Final Inventory Force Account
                                Construction and Certificate of
                                Engineer. Submit one copy to RUS, if
                                required \1\
213..........................  Certificate--``Buy American'' (as
                                applicable from each supplier).
None.........................  Detail Maps.
None.........................  Key map, if applicable.
None.........................  Staking Sheets.
None.........................  Tabulation of staking sheets.
None.........................  Treated Forest Products Inspection
                                Reports or Certificates of Compliance
                                (prepared by inspection company or
                                supplier).
------------------------------------------------------------------------
\1\ RUS Forms 817, 817a, and 817b are to be submitted to GFR only if
  required in paragraph (c)(5) of this section. Otherwise, the final
  inventory documents are to be assembled and retained by the borrower
  for at least two years.

    (c) Closeout procedures. (1) The borrower shall notify the GFR when 
the project is ready for final inspection.
    (2) The GFR shall be invited to make the final inspection 
accompanied by the engineer and the borrower.
    (3) The borrower shall correct all deficiencies found during the 
final inspection.
    (4) The borrower may request the assistance of an RUS field 
accountant to

[[Page 416]]

review the borrower's record of construction expenditures and assist the 
borrower with any accounting problems in connection with construction 
expenditures.
    (5) After inspection, the final inventory documents shall be 
assembled as indicated in the table in this section. RUS Forms 817, 
817a, and 817b are to be submitted to GFR only if the amount of the 
closeout exceeds the original force account proposal by 20% or more. 
Otherwise, the final inventory documents are to be assembled and 
retained by the borrower for at least two years.
    (6) Upon approval of the closeout documents, RUS will notify the 
borrower of approval and of any adjustments to be made in funds advanced 
in connection with the construction.
    (d) The above are not intended to be a complete description of the 
requirements of the documents relating to RUS's closeout procedure. 
Refer to the documents for additional requirements.

[55 FR 3572, Feb. 2, 1990. Redesignated at 55 FR 39397, Sept. 27, 1990, 
as amended at 64 FR 16610, Apr. 6, 1999]



Sec. Sec.  1753.59-1753.65  [Reserved]



        Subpart H_Purchase and Installation of Special Equipment

    Source: 54 FR 39267, Sept. 25, 1989, unless otherwise noted. 
Redesignated at 55 FR 39397, Sept. 27, 1990.



Sec.  1753.66  General.

    (a) This subpart implements and explains the provisions of the Loan 
Documents setting forth the requirements and the procedures to be 
followed by borrowers in purchasing and installing special equipment 
financed with loan funds.
    (b) Terms used in this subpart are defined in Sec.  1753.2 and 
Equipment Contract, RUS Contract Form 395 (RUS Contract Form 395).
    (c) Borrowers must obtain RUS review and approval of the LD for 
their telephone systems. Applications of equipment not included in an 
approved LD must conform to the modernization plan as required by 7 CFR 
part 1751, subpart B, and must be submitted to RUS for review and 
approval.
    (d) RUS Contract Form 395 and applicable specifications shall be 
used for the purchase of special equipment for major construction on a 
furnish-and-install basis, as well as on a furnish-only basis.
    (e) The procedures provided in subpart I, if applicable, or a FAP 
approved by RUS may be used for the installation of special equipment 
purchased with a RUS Contract Form 395 contract not including 
installation.
    (f) For special equipment purchases for minor construction, the 
borrower may at its option use the Methods of Minor Construction 
procedures contained in subpart I or the purchase procedures contained 
in this subpart H.
    (g) Some types of special equipment contain software. RUS Contract 
Form 395 indicates whether the equipment contains software and whether 
the software contract stipulations are applicable.

[81 FR 71584, Oct. 18, 2016]



Sec.  1753.67  Contracts and specifications.

    (a) Equipment Contract, RUS Contract Form 395 shall be used to 
purchase equipment on a furnish-and-install basis, as well as on a 
furnish-only basis.
    (b) The equipment specifications must accompany the equipment 
contract form and each specification consists of performance 
specifications, installation requirements (if applicable), and 
application engineering requirements.

[81 FR 71584, Oct. 18, 2016]



Sec.  1753.68  Purchasing special equipment.

    (a) General. (1) Equipment purchases are categorized as initial 
equipment purchase, equipment additions to existing systems and new 
system additions.
    (i) An initial equipment purchase is a first time purchase by a 
borrower of a complete system of special equipment.
    (ii) Equipment additions to existing systems are additions of 
components to complete operating systems to increase system capacity 
that require components made by the manufacturer of the existing system.
    (iii) New system additions are purchases of complete systems of 
special

[[Page 417]]

equipment when the purpose can be accomplished either with equipment of 
the same type and manufacture as other complete operating systems in the 
borrower's system, or with complete systems of special equipment from 
other manufacturers.
    (iv) Where equipment is obtained under a Equipment Contract, RUS 
Contract Form 395 (RUS Contract Form 395) without installation, the 
borrower shall require the supplier to provide a detailed proposed 
bonding and grounding plan and detailed installation information. The 
installation information is to enable acceptance testing by the borrower 
upon completion of the installation.
    (2) For initial equipment purchases that qualify as major 
construction, the borrower shall obtain proposals from at least three 
suppliers of equipment of different manufacturers.
    (3) For equipment additions to increase the capacity of existing 
systems, the borrower may negotiate for equipment of a specific type and 
manufacture. RUS approval to negotiate in this instance is not required 
if these additions were specifically described in the LD approved by RUS
    (4) For new system additions, the borrower may request RUS approval 
to negotiate for additional equipment for the purpose of standardization 
on a system basis, provided RUS approved the procurement method used for 
the initial equipment purchase. RUS approval to negotiate must be 
obtained before release of the P&S to the seller.
    (5) RUS will not approve negotiation with a seller of non-domestic 
equipment for the purpose of standardization, because such a purchase 
does not meet the ``Buy American'' provision.
    (6) RUS recommends, but does not require, that borrowers include 
installation by the seller for initial installations of special 
equipment that qualify as major construction.
    (7) Special equipment may be installed by the borrower if it has 
qualified personnel and test equipment available to install the 
equipment and make the required acceptance tests, and written approval 
is given by RUS.
    (8) Installations, whether by the borrower or the seller, must meet 
the installation requirements of RUS Contract Form 395specifications. A 
copy of the acceptance tests results must be attached to the closeout 
documents or work order summary.
    (9) The specifications for the various applications of equipment is 
prepared by the RUS borrower's engineer and based on generally accepted 
engineering considerations and practices found in the Telecommunications 
Industry.
    (10) The borrower must obtain authorization from the Federal 
Communications Commission (FCC) to construct and operate radio 
transmitting equipment. Evidence of FCC authorization is required for 
RUS contract approval. Where required, the borrower must obtain approval 
of state regulatory bodies regarding tariffs and related matters.
    (b) Procurement procedures--(1) General. The following are the 
procurement procedure steps required for the purchase of special 
equipment by borrowers.
    (2) Initial equipment purchase. (i) The borrower prepares P&S and, 
for projects estimated to exceed $500,000 or 25% of the loan, whichever 
is less, sends two copies to GFR for approval.
    (ii) For projects estimated to exceed $500,000 or 25% of the loan, 
whichever is less, RUS will either approve P&S in writing or notify the 
borrower of the reasons for withholding approval.
    (iii) For projects estimated to cost less than $500,000 or 25% of 
the loan, whichever is less, the borrower may proceed with procurement 
upon completion of the P&S.
    (iv) If the borrower has employed full competitive bidding in the 
selection, a contract may be executed with the successful bidder and the 
borrower may proceed to paragraph (b)(2)(vi) of this section.
    (v) If the borrower did not follow a fully competitive bidding 
process as described in Sec.  1753.8, the selection, along with a 
summary of all proposals and an engineer's recommendation, shall be sent 
to RUS. RUS shall approve the proposal selection in writing or notify 
the borrower of any reason for withholding approval.
    (vi) The borrower sends three executed contracts including 
specifications to RUS for approval.

[[Page 418]]

    (vii) After RUS approval of the contract, one copy will be returned 
to the borrower and one copy will be sent to the seller.
    (3) Equipment additions to existing systems. Purchase procedures for 
equipment additions to existing systems are the same as for initial 
system purchase except that the borrower may negotiate for equipment of 
a specific type and manufacture instead of obtaining proposals from 
three or more sellers.
    (4) New system additions. (i) The borrower prepares the P&S and, if 
the project is estimated to exceed $500,000 or 25% of the loan, 
whichever is less, sends two copies to the GFR for approval. The 
borrower may request RUS approval to negotiate for the purpose of 
standardization on a system basis prior to preparing the P&S.
    (ii) RUS notifies the borrower in writing as to whether the borrower 
may negotiate for specific equipment. If P&S were required to be 
submitted to RUS under paragraph (b)(4)(i) of this section, RUS notifies 
the borrower in writing of P&S approval (or notifies the borrower of the 
reasons for withholding approval).
    (iii) The remainder of the purchase procedure for new system 
additions is the same as for initial equipment purchase.
    (c) Contract amendments. (1) The general requirements for contract 
amendments are set forth in Sec.  1753.11.
    (2) The borrower shall prepare any required amendments to the 
special equipment contract, arrange for the execution by all parties, 
and submit these amendments to RUS in accordance with Sec.  1753.11(d). 
RUS Form 238, Construction or Equipment Contract Amendment, shall be 
used for this purpose.
    (d) Closeout procedures--(1) Acceptance tests for RUS Contract Form 
395 with installation. (i) Immediately upon completion of the 
installation and alignment of the equipment, the borrower shall arrange 
with the contractor's installer and the GFR for acceptance tests.
    (ii) The borrower shall obtain from the contractor, in writing, the 
results of all inspections and tests made by the contractor as required 
in the specifications. The borrower will analyze the test results and 
determine whether the performance of the equipment meets the contract 
specifications.
    (2) Acceptance tests for RUS Contract Form 395 without installation. 
(Upon completion of the installation and alignment of the equipment 
(under this contract the installation alignment will be by other than 
the seller) the borrower shall perform all the inspections and tests 
outlined in the specifications.
    (3) Closeout documents. When the acceptance tests have been 
completed and all deficiencies have been corrected, the borrower:
    (i) Assembles and distributes the documents listed in the following 
table that are required for the closeout of the equipment contract. The 
documents listed for RUS shall be retained by the borrower for 
inspection by RUS for at least two years from the date of the engineer's 
contract closeout certification.

               Table 1 to Paragraph (d)(3)(i)--Documents Required To Close Out Equipment Contract,
                                              RUS Contract Form 395
----------------------------------------------------------------------------------------------------------------
                                            Number of copies prepared by                 Distribution
 RUS Form No.         Description      -------------------------------------------------------------------------
                                              Seller            Engineer            Buyer            Seller
----------------------------------------------------------------------------------------------------------------
213...........  Certificate (Buy        1................  .................  1...............
                 American).
238...........  Construction or         .................  3 sent to RUS....  1 sent to RUS...  1 from RUS.
                 Equipment Contract
                 Amendment (If not
                 previously submitted,
                 send to RUS for
                 approval).
395a..........  Certificate of          .................  2................  1...............  1.
                 Completion for
                 Equipment Contract
                 (Including
                 Installation).
395b..........  Certificate of          .................  2................  1...............  1.
                 Completion for
                 Equipment Contract
                 (Not Including
                 Installation).
395c..........  Certificate of          .................  .................  1...............
                 Contractor and
                 Indemnity Agreement
                 (Use only for
                 installation
                 contracts).

[[Page 419]]

 
None..........  Report in writing,      .................  1................  1...............
                 including all
                 measurements, any
                 acceptance test
                 report and other
                 information required
                 under Part II of the
                 applicable
                 specifications. (Form
                 395d may be used.).
None..........  Set of maintenance      1................  .................  1...............
                 recommendations for
                 all equipment
                 furnished under the
                 contract.
----------------------------------------------------------------------------------------------------------------

    (ii) Obtains certifications from the engineer that the project and 
all required documentation are satisfactory and complete. Requirements 
for this contract closeout certification are contained in Sec.  1753.18.
    (iii) Submits copies of the engineer's certifications to RUS with 
the FRS requesting the remaining funds on the contract.
    (iv) Makes final payment in accordance with the payment terms of the 
contract.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39397, Sept. 27, 
1990, as amended at 59 FR 43718, Aug. 25, 1994; 64 FR 16611, Apr. 6, 
1999; 81 FR 71584, Oct. 18, 2016]



Sec. Sec.  1753.69-1753.75  [Reserved]



                      Subpart I_Minor Construction

    Source: 55 FR 3573, Feb. 2, 1990, unless otherwise noted. 
Redesignated at 55 FR 39397, Sept. 27, 1990.



Sec.  1753.76  General.

    (a) This subpart implements and explains the provisions of the Loan 
Documents containing the requirements and procedures to be followed by 
borrowers for minor construction of telecommunications facilities using 
RUS loan funds. Terms used in this subpart are defined in Sec.  1753.2.
    (b) [Reserved]

(Approved by the Office of Management and Budget under control number 
0572-0062)

[55 FR 3573, Feb. 2, 1990. Redesignated at 55 FR 39397, Sept. 27, 1990, 
as amended at 64 FR 16611, Apr. 6, 1999]



Sec.  1753.77  Methods of minor construction.

    Minor construction may be performed by contract using RUS Contract 
Form 773, ``Miscellaneous Construction Work and Maintenance Services'', 
by RUS Contract Form 515, or by work order construction. The rules for 
using Form 515 for minor construction are contained in subpart F of this 
part.

[64 FR 16612, Apr. 6, 1999]



Sec.  1753.78  Construction by contract.

    (a) RUS Form 773 shall be used for minor construction by contract. 
Compensation may be based upon unit prices, hourly rates, or another 
basis agreed to in advance by the borrower and the contractor. A single 
work project may require more than one contractor.
    (b) The borrower shall prepare the contract form and attach any 
diagrams, sketches and tabulations necessary to specify clearly the work 
to be performed and who shall provide which materials. Neither the 
selection of the contractor nor the contract requires RUS approval.
    (c) Borrowers are urged to obtain quotations from several 
contractors before entering into a contract to be assured of obtaining 
the lowest cost. The borrower must ensure that the contractor selected 
meets all Federal and State licensing and bonding requirements, and that 
the contractor maintains the insurance coverage required by the contract 
for the duration of the work. (See 7 part CFR 1788)
    (d) Upon completion and final inspection of the construction the 
borrower shall obtain from the Contractor a final invoice and an 
executed copy of

[[Page 420]]

RUS Form 743, Certificate of Contractor and Indemnity Agreement.
    (e) RUS Contract Form 773 may also be used to contract for the 
maintenance and repair of telephone equipment and facilities. Generally, 
RUS will not finance maintenance and repair contracts.

[55 FR 3573, Feb. 2, 1990. Redesignated at 55 FR 39397, Sept. 27, 1990, 
as amended at 59 FR 43718, Aug. 25, 1994]



Sec.  1753.79  Construction by force account.

    The borrower shall require that:
    (a) Minor construction by the force account method be supervised by 
a competent foreman. The work shall be performed in accordance with all 
regulatory and safety codes.
    (b) Daily time and material reports, referenced by the work project 
number, shall be kept to record labor and materials used as construction 
is performed.
    (c) The construction foreman shall maintain a tabulation of all 
construction units installed.



Sec.  1753.80  Minor construction procedure.

    (a) If the borrower performs minor construction financed with loan 
funds, the borrower's regular work order procedure shall be used to 
administer construction activities that may be performed entirely by a 
contractor under Form 773 contract, by work order, or jointly by work 
order and one or more contractors under Form 773 contracts.
    (b) RUS financing under Form 773 contracts dated in the same 
calendar year is limited to the following amounts for the following 
discrete categories of minor construction. The date of the Form 773 
contract is the date the Form 773 contract is executed.
    (1) For outside plant construction, the limit is $500,000 or ten per 
cent (10%) of the borrower's previous calendar year's outside plant 
total construction, whichever is greater.
    (2) For central office equipment, the limit is $500,000.
    (3) For equipment and buildings, the limit is $250,000 in each 
category.
    (c) A single minor construction project may be a discrete element of 
a somewhat larger overall project, such as the provision and 
installation of a standby power generator or heating/air conditioning 
equipment in connection with a building modification or expansion 
project or the splicing on a major cable placement project. It cannot be 
a portion, by dividing into smaller segments, of a discrete major 
construction project, such as the placement of a continuous cable 
facility.
    (d) RUS approval must be obtained in advance for minor construction 
unless all of the following conditions are met:
    (1) RUS has approved the engineering design.
    (2) All standard RUS procedures are followed, including the 
application of RUS construction practices (see Sec.  1753.6).
    (3) The Standard Form 773 contract is used without modification.
    (e) The borrower shall determine the scope of each proposed 
construction project and decide how it will be constructed. A work 
project number shall be assigned to which all charges for that project 
are referenced.
    (f) The borrower shall maintain accounting and plant records 
sufficient to document the cost and location of all construction and to 
support loan fund advances and disbursements.
    (g) Normally the borrower will finance minor construction with 
general funds and obtain reimbursement with loan funds when construction 
is completed and executed Form 771 has been submitted to RUS. If a 
borrower satisfies RUS of its inability to finance the construction 
temporarily with general funds, RUS may establish, on a case by case 
basis, a work order fund for specific construction projects. The work 
order fund will be closed upon receipt of an FRS and the executed Forms 
771 for the specific projects for which the work order fund was 
established.
    (h) RUS will advance funds to finance minor construction work 
projects only if all necessary documents, including an FRS and 
supporting data covering the project, are received within one year of 
the date construction of the project is completed.

[55 FR 3573, Feb. 2, 1990. Redesignated at 55 FR 39397, Sept. 27, 1990, 
as amended at 59 FR 43718, Aug. 25, 1994; 64 FR 16612, Apr. 6, 1999; 81 
FR 71585, Oct. 18, 2016]

[[Page 421]]



Sec.  1753.81  Inspection and certification.

    (a) Upon completion and prior to closeout, minor construction must 
be inspected and certified to be in compliance with RUS construction 
standards, to be reasonable in cost, and to meet applicable codes. The 
certification is made by an experienced telephone engineer who is either 
licensed in the state where the inspection will be performed, or is a 
borrower's staff engineer, who meets the requirements of the ``employee 
in charge'' of force account engineering as described in subpart B of 
this part. The GFR will periodically audit the inspection of minor 
construction to ensure integrity of the procedure. RUS borrowers with 
less than 2000 subscribers may use the above procedure or have 
construction inspection performed by the GFR.
    (b) Engineering services for minor construction may be contracted 
using RUS Form 245, Engineering Service Contract--Special Services. 
Costs for these services may be included in the costs for construction 
on the Form 771. (See subpart B of this part.
    (c) Upon completion of construction, the borrower shall obtain the 
engineer's certification on RUS Form 771. An official of the borrower, 
designated by the board of directors, shall also execute the borrower's 
certification on Form 771.

[54 FR 39267, Sept. 25, 1989. Redesignated at 55 FR 39397, Sept. 27, 
1990, as amended at 55 FR 53488, Dec. 31, 1990]



Sec.  1753.82  Minor construction closeout.

    (a) For minor construction inspected by the borrower's engineer, an 
original and two copies of Form 771 shall be sent to the GFR. The GFR 
will initial and return the original and one copy.
    (b) When funds are requested for minor construction, the original 
Form 771 signed or initialed by the GFR, shall be submitted with the 
FRS. Forms 771 should be submitted only with the FRS which they support. 
RUS does not encumber funds pursuant to Forms 771 unless an advance is 
made to the borrower. (See 7 CFR part 1744 subpart C).



Sec. Sec.  1753.83-1753.90  [Reserved]



              Subpart J_Construction Certification Program

    Source: 55 FR 3574, Feb. 2, 1990, unless otherwise noted. 
Redesignated at 55 FR 39397, Sept. 27, 1990.



Sec.  1753.91  General.

    (a) This subpart implements and explains the provisions of the loan 
documents setting forth the requirements and procedures to be followed 
by borrowers accepting nomination for the construction certification 
program. Terms used in this subpart are defined in Sec.  1753.2.
    (b) [Reserved]

(Approved by the Office of Management and Budget under control number 
0572-0062)



Sec.  1753.92  Policies and requirements.

    (a) It is RUS policy that, as borrowers gain in experience and 
maturity, the advice and assistance rendered by RUS shall progressively 
diminish. Prior to approval of a loan, RUS may nominate certain 
borrowers to fulfill the responsibilities for administration and 
construction of projects financed with RUS loans. Borrowers who accept 
this nomination will be known as ``certification borrowers,'' and the 
program in which they participate will be known as the ``certification 
program.''
    (b) Generally, initial loan borrowers are not eligible for the 
certification program.
    (c) Generally, the factors which RUS will consider in selecting 
borrowers for the certification program will include:
    (1) The experience of the staff of the borrower.
    (2) The RUS assessment of the borrower's ability to handle the 
certification program requirements considering the size and complexity 
of the proposed construction in the LD.
    (3) The history of the borrower in following RUS's policies and 
procedures.
    (4) Other factors deemed relevant by RUS.
    (d) Except as specifically stated in this subpart, certification 
borrowers must comply with all requirements applicable to other 
borrowers.

[[Page 422]]

    (e) RUS reserves the right at any time to require submission of 
construction documents or to remove the borrower from the certification 
program.



Sec.  1753.93  Responsibilities.

    (a) Responsibilities transferred to certification borrowers. (1) 
Approval of engineering and architectural service contracts.
    (2) Approval of P&S.
    (3) Approval of price quotations and bids, except where the low 
price bid is not accepted.
    (4) Approval of award of construction contracts and amendments.
    (5) Approval of FAP's if RUS has approved the force account method 
of construction for the construction project.
    (6) Inspection and certification of construction.
    (7) Approval of closeout documents.
    (8) Other responsibilities as may be specifically granted in writing 
by RUS.
    (b) Responsibilities retained by RUS. (1) Approval to deviate from 
RUS requirements, except as provided in (a) above.
    (2) Approval of use of loan funds for projects other than those 
included in the loan construction budget. See 7 CFR part 1744 subpart C.
    (3) Approval of use of loan funds in excess of amounts included in 
the loan budget.
    (4) Approval of force account methods of engineering and 
construction.
    (5) Approval to make significant deviations from the work plan 
approved by RUS.
    (6) Approval of interim construction.
    (7) Approval to modify or alter standard forms and contracts.
    (8) Approval to open bids when fewer than the required number have 
been received.
    (90) Approval of outside plant layouts.
    (10) ``Buy American'' determinations.
    (11) Other responsibilities not specifically transferred by this 
subpart or in writing by RUS.

[55 FR 3574, Feb. 2, 1990. Redesignated at 55 FR 39397, Sept. 27, 1990, 
as amended at 81 FR 71585, Oct. 18, 2016]



Sec.  1753.94  Procedures.

    (a) Certification borrowers shall appoint three certification 
officials. These appointments shall be subject to RUS approval.
    (1) The ``Certifying Officer'' shall be an officer or employee of 
the borrower who is authorized to execute binding agreements. This 
officer shall sign all contracts, amendments, closeout documents and the 
certification on RUS Form 158, Certification of Contract or Force 
Account Proposal Approval, and RUS Form 159, Summary of Completed 
Construction.
    (2) The ``Construction Certifier'' shall be an experienced telephone 
engineer who is either licensed in the state where the inspection will 
be performed, or is a borrower's staff engineer who meets the 
requirements of the ``employee in charge'' of force account engineering 
as described in subpart B of this part. RUS may determine that it will 
accept the certification only for matters within the staff engineer's 
area of specialization. In such cases the position of ``Construction 
Certifier'' shall be filled by more than one engineer. This official is 
responsible for certifying that the construction complies with all 
technical and code requirements.
    (3) The ``Certification Coordinator'' shall administer the 
certification program and serve as the official point of contact for 
RUS. The certifying officer or construction certifier may also serve as 
the certification coordinator.
    (b) Certification borrowers, shall submit and obtain RUS approval of 
a work plan before construction and related engineering begin.
    (1) The work plan shall provide a description of the proposed 
construction and methods of purchasing in such detail as to enable RUS 
to monitor the construction program to ensure to its satisfaction that 
loan purposes are accomplished in an organized construction program.
    (2) The work plan shall include the following:
    (i) The names and qualifications of the proposed certification 
officials defined in Sec.  1753.94(a).
    (ii) A listing of the proposed work projects to accomplish the loan 
purposes showing the estimated cost, method of performing the 
construction, and the proposed commencement and completion dates for 
each work

[[Page 423]]

project. The proposed work projects shall be summarized on RUS Form 157, 
Construction Work Plan and Cost Distribution, or a form providing 
essentially the same information.
    (iii) The proposed source of funds for meeting cost overruns if the 
total estimated cost of work projects exceeds the loan budget.
    (iv) A statement signed by the borrower's certification officials 
and the GFR that the work plan is accurate and complete.
    (c) Under the certification program, the borrower shall follow all 
standard RUS postloan engineering and construction procedures except 
that the approvals shown in Sec.  1753.93(a) will be made by 
certification officials rather than RUS. The approvals noted in Sec.  
1753.93(a)(1), (4) and (5) will be reported immediately to RUS using RUS 
Form 158. Approval of closeouts, Sec.  1753.93(a) (6) and (7), will be 
reported immediately on RUS Form 159.
    (d) As the construction program progresses, the certification 
borrower shall request, by letter, RUS approval of any significant 
changes in work plan schedules and budgets and in certification 
officials.



Sec.  1753.95  Advance of loan funds.

    Advance of loan funds needed to meet the certification borrower's 
current financial obligations are to be requested on RUS Form 481 for 
construction and engineering items supported by appropriate RUS Forms 
158 and 159. For items other than construction or engineering, other 
supporting data shall be submitted. (See 7 CFR part 1744 subpart C.)



Sec.  1753.96  Certification addendum.

    The certification borrower shall modify standard RUS forms of 
contract for use under the certification program by inserting an 
executed copy of the following certification addendum in each copy of 
the contract.

                         Certification Addendum

    Permission has been obtained by the Owner to proceed with this 
contract under 7 CFR part 1753 subpart J, pursuant to which the 
references in the RUS construction document requiring approvals and 
other actions of the RUS Administrator will not apply unless RUS gives 
specific notice in writing to the affected parties that designated 
approval(s) or action(s) will be required. Certifications by the 
Contractor of amounts due and certifications of completions of work 
under the contract are to be construed to be rendered for the purpose of 
inducing the Rural Utilities Service to advance funds to the Owner to 
make, or reimburse the Owner for, payments under this contract.
Date
________________________________________________________________________
Owner
By______________________________________________________________________
Certifying Officer
Date____________________________________________________________________
________________________________________________________________________
Contractor
By______________________________________________________________________
________________________________________________________________________
Title

[55 FR 3574, Feb. 2, 1990. Redesignated at 55 FR 39397, Sept. 27, 1990, 
as amended at 81 FR 71585, Oct. 18, 2016]



Sec. Sec.  1753.97-1753.99  [Reserved]



PART 1755_TELECOMMUNICATIONS POLICIES ON SPECIFICATIONS, ACCEPTABLE MATERIALS, 
AND STANDARD CONTRACT FORMS--Table of Contents



Sec.
1755.1-1755.2 [Reserved]
1755.3 Field trials.
1755.4-1755.25 [Reserved]
1755.26 RUS standard contract forms.
1755.27 Borrower contractual obligations.
1755.28 Notice and publication of listed contract forms.
1755.29 Promulgation of new or revised contract forms.
1755.30 List of telecommunications standard contract forms.
1755.31-1755.96 [Reserved]
1755.97 Telephone standards and specifications.
1755.98 List of telecommunications specifications included in other 7 
          CFR parts.
1755.99-1755.199 [Reserved]
1755.200 RUS standard for splicing copper and fiber optic cables.
1755.201-1755.369 [Reserved]
1755.370 RUS specification for seven wire galvanized steel strand.
1755.371-1755.389 [Reserved]
1755.390 RUS specifications for filled telephone cables.
1755.391-1755.396 [Reserved]
1755.397 RUS performance specification for line concentrators.
1755.398-1755.399 [Reserved]
1755.400 RUS standard for acceptance tests and measurements of 
          telecommunications plant.

[[Page 424]]

1755.401 Scope.
1755.402 Ground resistance measurements.
1755.403 Copper cable telecommunications plant measurements.
1755.404 Fiber optic cable telecommunications plant measurements.
1755.405 Voiceband data transmission measurements.
1755.406 Shield or armor ground resistance measurements.
1755.407 Data formats.
1755.408-1755.499 [Reserved]
1755.500 RUS standard for service installations at customers access 
          locations.
1755.501 Definitions applicable to Sec. Sec.  1755.501 through 1755.510.
1755.502 Scope.
1755.503 General.
1755.504 Demarcation point.
1755.505 Buried services.
1755.506 Aerial wire services
1755.507 Aerial cable services.
1755.508 Customer access location protection.
1755.509 Mobile homes.
1755.510 Construction and assembly unit drawings.
1755.511-1755.521 [Reserved]
1755.522 RUS general specification for digital, stored program 
          controlled central office equipment.
1755.523-1755.699 [Reserved]
1755.700 RUS specification for aerial service wires.
1755.701 Scope.
1755.702 Copper coated steel reinforced (CCSR) aerial service wire.
1755.703 Nonmetallic reinforced (NMR) aerial service wire.
1755.704 Requirements applicable to both CCSR and NMR aerial service 
          wires.
1755.705-1755.859 [Reserved]
1755.860 RUS specification for filled buried wires.
1755.861-1755.869 [Reserved]
1755.870 RUS specification for terminating cables.
1755.871-1755.889 [Reserved]
1755.890 RUS specification for filled telephone cables with expanded 
          insulation.
1755.900 Abbreviations and definitions.
1755.901 Incorporation by reference.
1755.902 Minimum performance specification for fiber optic cables.
1755.903 Fiber optic service entrance cables.
1755.910 RUS specification for outside plant housings and serving area 
          interface systems.

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

    Source: 55 FR 39397, Sept. 27, 1990, unless otherwise noted.



Sec. Sec.  1755.1-1755.2  [Reserved]



Sec.  1755.3  Field trials.

    (a) Except as covered in Bulletin 345-3, no loan funds shall be 
advanced for any product if any item to be included in the project is 
not included in the ``List of Materials Acceptable for Use on Telephone 
Systems of RUS Borrowers,'' RUS Bulletin 344-2. When new items of 
materials or equipment are considered for acceptance by RUS or when a 
previously accepted item has been subjected to such major modifications 
that its suitability cannot be determined based on laboratory data and/
or field experience, a field trial shall be required if RUS so 
determines. This field trial consists of limited field installations of 
the materials or equipment in closely monitored situations designed to 
determine, to RUS's satisfaction, their operational effectiveness under 
actual field conditions. Field trials are to be used only as a means for 
determining, to RUS's satisfaction, the operational effectiveness of a 
new or revised product under actual field conditions. Both the 
manufacturer and borrower are responsible for assuring that the field 
trial is carried out and that the required information on the product's 
performance is received by RUS in a timely manner. The use of materials 
or equipment derived from new inventions or concepts untried within the 
telephone industry is defined as ``an experiment'' and shall be handled 
as a special case using procedures considered appropriate by RUS to meet 
the individual experiment.
    (b) To qualify for a field trial, the new and improved materials and 
equipment must appear to RUS to offer one or more of the following 
benefits:
    (1) Improved performance.
    (2) Decreased cost.
    (3) Broader application.
    (c) The item of material or equipment subject to field trial may be 
only part of the total amount of materials or equipment included in a 
bid or it may be the key component of the facility or system provided; 
therefore, RUS shall have authority to require that a satisfactory plan 
be provided to maintain or restore service in the event that the 
materials and equipment fail

[[Page 425]]

to meet established performance requirements. RUS shall limit the 
quantity of new materials and equipment installed on any field trial and 
shall also limit the number of field trials for a given product to what 
RUS considers reasonable to provide the necessary information.
    (d) A borrower may participate in a field trial only if, in RUS's 
opinion, the borrower possesses:
    (1) Adequate financial resources so that no delay in the project 
will result from lack of funds.
    (2) The financial stability to overcome difficulties which may 
result from an unsuccessful field trial. The borrower must be able to 
restore and maintain service until the manufacturer meets its financial 
obligations with respect to the field trial.
    (3) Qualified personnel to enable it to discharge its 
responsibilities.
    (4) A record satisfactory to RUS for maintaining equipment and plant 
facilities and for providing RUS with information when requested.
    (5) Willingness to participate in the field trial and awareness of 
the effort and responsibility this entails.
    (e) The test site for the field trial shall be, in RUS's opinion, 
readily accessible and provide the conditions, such as temperature 
extremes, high probability of lightning damage, etc., for which the 
product is being evaluated. The material or equipment involved shall be 
covered by an RUS specification or a suitable standard acceptable to 
RUS. The supplier is required to submit test data to show conformance 
with the applicable specification or standard. Further testing shall be 
performed if required by RUS personnel.
    (f) A field trial shall normally continue for a minimum of six 
months, or for a longer period of time determined by RUS to be required 
to obtain conclusive data that the item either fulfills all requirements 
or is unacceptable. Either the borrower or supplier may terminate a 
field trial at any time, in accordance with their contractual agreement. 
Such termination, if prior to the time required by RUS, shall constitute 
withdrawal of the product from consideration by RUS. RUS has authority 
to terminate field trials based on its determination that the equipment 
is not performing satisfactorily and that this lack of performance may, 
in RUS's opinion, cause service degradation or hazards to life or 
property.
    (g) Field trials shall be conducted in accordance with the 
instructions set forth in this regulation and the agreement relating to 
the specific application. Both the supplier and the borrower shall 
agree, and obtain RUS approval before the start of the trial, on the 
following:
    (1) The specific purpose of the field trial;
    (2) Ownership of items during trial;
    (3) Starting date and duration;
    (4) Responsibility for costs and removal of items in the event of 
noncompliance with the specification or purpose intended and 
arrangements for service continuity or restoration;
    (5) Responsibility for testing, test equipment and normal operation 
and maintenance during the trial period;
    (6) Availability of test equipment on site during the trial period; 
and
    (7) Responsibility for spare parts and components consumed during 
the trial period.
    (h) Both the supplier and the borrower shall keep RUS informed of 
the status of a field trial. These reports shall not be limited to 
details of problems of failures encountered during installation and 
subsequent operation but shall include information on progress of the 
field trial. If these reports are not received in accordance with the 
requirements of the RUS Form 399b, RUS shall have the authority to deny 
or suspend loan funds related to these products until the delinquent 
reports are received.
    (i) Before a borrower purchases materials or equipment that require 
a field trial, prior approval must be obtained from RUS and RUS Form 
399b, RUS Telecommunications Equipment Field Trial (available from the 
Director, Administrative Services Division, Rural Utilities Service, 
Room 0175, South Building, U.S. Department of Agriculture, Washington, 
DC 20250) will be completed by RUS and must be signed by both the 
borrower and supplier as an indication that they understand their

[[Page 426]]

responsibilities in the field trial. Assurance must also be obtained 
from RUS that the ``particular item'' that is the subject of the field 
test is eligible for a field trial. To obtain this assurance, any 
proposal for use of an item on a field trial basis shall be forwarded to 
the Chief, Area Engineering Branch, for review and approval.
    (j) Procedures for establishing field trials for the various 
categories of equipment after RUS has approved the 399b:
    (1) Electronic transmission equipment. The procedure set forth in 
Bulletin 385-2 ``Purchasing and Installing Special Electronic 
Equipment'' shall be followed except that the Special Equipment Contract 
(Including Installation), RUS Form 397, shall be used in all purchases 
of electronic equipment for field trials. In addition, the borrower and 
supplier shall execute three copies of a ``Supplemental Agreement to 
Equipment Contract for Field Trial,'' RUS Form 399, or a ``Supplemental 
Agreement to Equipment Contract for Field Trial (Secondary--Delivery, 
Installation, Operation)'', RUS Form 399a, as well as three copies of 
the RUS Form 399b, ``RUS Telecommunications Equipment Field Trial'', and 
forward them, together with three copies of the executed contract and 
specifications, to the Chief, Area Engineering Branch. A limited number 
of copies of RUS Forms 399, 399a, and 399b are available from RUS upon 
request from the Director, Administrative Services Division, Rural 
Utilities Service, Room 0175, South Building, U.S. Department of 
Agriculture, Washington, DC 20250. Additional copies may be reproduced 
by the user as needed. This category includes:
    (i) Voice frequency repeaters;
    (ii) Trunk carriers;
    (iii) Subscriber carrier;
    (iv) Point-to-point radio (Microwave);
    (v) Coaxial cable system electronics;
    (vi) Fiber optic cable system electronics;
    (vii) Multiplex equipment;
    (viii) Mobile and fixed radiotelephone; and
    (ix) Other items of electronic equipment associated with 
transmission.
    (2) Central office equipment. The procedure set forth in Bulletin 
384-1 ``Purchasing and Installing Central Office Equipment'' shall be 
followed except that ``The Central Office Equipment Contract (Including 
Installation)'', RUS Form 525, shall be used to purchase switching 
equipment for field trials. In addition, the borrower and supplier shall 
execute three copies of a ``Supplemental Agreement to Equipment Contract 
for Field Trial,'' RUS Form 399, or a ``Supplemental Agreement to 
Equipment Contract for Field Trial (Secondary--Delivery, Installation, 
Operation)'', RUS Form 399a, as the case may be, as well as three copies 
of the RUS Form 399b, ``RUS Telecommunications Equipment Field Trial'', 
and forward them, together with three copies of the executed contract 
and specification to the Chief, Area Engineering Branch. This category 
includes:
    (i) Central office dial equipment;
    (ii) Direct distance dialing equipment;
    (iii) Automatic number identification equipment;
    (iv) Line concentrators;
    (v) Remote switching equipment; and
    (vi) All other items of equipment associated with switching 
equipment, such as loop extenders.
    (3) Protection equipment and materials, outside plant equipment and 
materials, and all other equipment and materials, which includes all 
items not covered in paragraph (j) (1) or (2) of this section, shall be 
handled as described in Bulletin 344-1 ``Methods of Purchasing Materials 
and Equipment for Use on Systems of Telephone Borrowers'' except that 
the borrower's purchase order form is to be used for purchasing 
materials and equipment in these categories. In addition, the borrower 
and supplier shall execute three copies of the ``Supplemental Agreement 
to Equipment Contract for Field Trial,'' RUS Form 399, or a 
``Supplemental Agreement to Equipment Contract for Field Trial 
(Secondary--Delivery, Installation, Operation)'', RUS Form 399a, as the 
case may be, as well as three copies of the RUS Form 399b, ``RUS 
Telecommunications Field Trial'', and forward them, together

[[Page 427]]

with three copies of the purchase order to the Chief, Area Engineering 
Branch.
    (k) For all items except Electronic Central Office Equipment, 
suppliers and manufacturers must furnish warranties or guarantees 
satisfactory to RUS against the failure of the material and equipment 
used in the field trial. Terms of this warranty must not be less than 
the provisions of the standard warranty included in the ``Telephone 
System Construction Contract'', RUS Form 515, or the warranty provided 
for similar materials and equipment included in the ``List of Materials 
Acceptable for Use on Telephone Systems of RUS Borrowers'', RUS Bulletin 
344-2. In lieu of a warranty, materials and equipment are sometimes 
furnished to RUS borrowers on a reduced or no cost basis. Terms of such 
arrangements are subject to RUS approval and should be fully covered in 
field trial proposals forwarded by borrowers to the Chief, Area 
Engineering Branch for review and approval. For the purchase of 
electronic central office equipment, suppliers and manufacturers are to 
provide warranties as provided in the applicable RUS contract form: RUS 
Form 397 for electronic equipment and RUS Form 525 for central office 
equipment. Forms 399 and 399a, which apply to field trials of these 
devices, specify that the term of the warranty does not begin until the 
satisfactory conclusion of the field trial.

[49 FR 28394, July 12, 1984. Redesignated at 55 FR 39397, Sept. 27, 
1990]



Sec. Sec.  1755.4-1755.25  [Reserved]



Sec.  1755.26  RUS standard contract forms.

    (a) The standard loan agreement between RUS and its borrowers 
provides that, in accordance with applicable RUS regulations, borrowers 
shall use standard contract forms promulgated by RUS for construction, 
procurement, engineering services, and architectural services financed 
by a loan or guaranteed by RUS. This part implements these provisions of 
the RUS loan agreement and prescribes the procedures that RUS follows in 
promulgating standard contract forms that borrowers are required to use. 
Part 1753 prescribes when and how borrowers are required to use these 
standard forms of contracts.
    (b) Contract forms. RUS promulgates standard contract forms, 
identified in Sec.  1755.30(c), List of Standard Contract Forms, that 
borrowers are required to use.

[64 FR 6500, Feb. 10, 1999]



Sec.  1755.27  Borrower contractual obligations.

    (a) Loan agreement. As a condition of a loan or loan guaranteed 
under the RE Act, borrowers are normally required to enter into RUS loan 
agreements pursuant to which the borrowers agree to use RUS standard 
contract forms for construction, procurement, engineering services, and 
architectural services financed in whole or in part by the RUS loan. To 
comply with the provisions of the loan agreements as implemented by this 
part, borrowers must use those contract forms identified in the list of 
telecommunications standard contract forms, set forth in Sec.  
1755.30(c) of this part.
    (b) Compliance. (1) If a borrower is required by part 1753 to use a 
listed contract form, the borrower shall use the listed contract form in 
the format available from RUS. The forms shall not be retyped, changed, 
modified, or altered in any manner not specifically authorized in this 
part or approved by RUS in writing. Any modifications approved by RUS 
must be clearly shown so as to indicate the difference from the listed 
contract form.
    (2) The borrower may use electronic reproductions of a contract form 
if the contract documents submitted for RUS approval are exact 
reproductions of the RUS form and include the following certification by 
the borrower: I (Insert name of the person.), certify that the attached 
(Insert name of the contract form.), between (Insert name of the 
parties.), dated (Insert contract date.) is an exact reproduction of RUS 
Form (Insert form number), dated (Insert date of RUS form).

________________________________________________________________________
 (Signature)

________________________________________________________________________
 (Title)

________________________________________________________________________
(Employer's Address)


[[Page 428]]


    (c) Amendment. Where a borrower has entered into a contract in the 
form required by 7 CFR part 1753, no change may be made in the terms of 
the contract, by amendment, waiver or otherwise, without the prior 
written approval of RUS.
    (d) Waiver. RUS may waive for good cause, on a case-by-case basis, 
the requirements imposed on a borrower pursuant to this part. Borrowers 
seeking an RUS waiver must provide RUS with a written request explaining 
the need for the waiver.
    (e) Violations. A failure on the part of the borrower to use listed 
contracts as prescribed in 7 CFR part 1753 is a violation of the terms 
of the loan agreement with RUS and RUS may exercise any and all remedies 
available under the terms of the agreement or otherwise.

[64 FR 6500, Feb. 10, 1999]



Sec.  1755.28  Notice and publication of listed contract forms.

    (a) Notice. Upon initially entering a loan agreement with RUS, 
borrowers will be provided with all listed contract forms. Thereafter, 
new or revised listed contract forms promulgated by RUS, including RUS 
approved exceptions and alternatives, will be sent by regular or 
electronic mail to the borrower's address as identified in its loan 
agreement with RUS.
    (b) Availability. Listed contract forms are published by RUS. 
Interested parties may obtain the forms from the Rural Utilities 
Service, Program Development and Regulatory Analysis, U.S. Department of 
Agriculture, Stop 1522, Washington DC 20250-1522, telephone number (202) 
720-8674. The list of contract forms can be found in Sec.  1755.30(c).

[64 FR 6500, Feb. 10, 1999]



Sec.  1755.29  Promulgation of new or revised contract forms.

    RUS may, from time to time, promulgate new contract forms or revise 
or eliminate existing contract forms. In so doing, RUS shall publish a 
notice of rulemaking in the Federal Register announcing, as appropriate, 
a revision in, or a proposal to amend Sec.  1755.30(c), List of 
telecommunications standard contract forms. The amendment may change the 
existing identification of a listed contract form by, for example, 
changing the issuance date of the listed contract form or identifying a 
new required contract form. The notice of rulemaking will describe the 
new standard contract form or substantive change in the listed contract 
form, as the case may be, and the issues involved. The standard contract 
form or relevant portions thereof may be appended to the supplementary 
information section of the notice of rulemaking. As appropriate, the 
notice of rulemaking shall provide an opportunity for interested persons 
to provide comments. RUS shall send, by regular or electronic mail, a 
copy of each such Federal Register document to all borrowers.

[64 FR 6500, Feb. 10, 1999]



Sec.  1755.30  List of telecommunications standard contract forms.

    (a) General. The following is a list of RUS telecommunications 
program standard contract forms for procurement, construction, 
engineering services, and architectural services. Borrowers are required 
to use these contract forms by the terms of their RUS loan agreements 
implemented by part 1753 and this part.
    (b) Issuance Date. Where part 1753 requires the use of a standard 
contract form in connection with RUS financing, the borrower shall use 
the appropriate form identified in Sec.  1755.30(c), List of 
Telecommunications Standard Contract Forms, published as of the date the 
borrower releases the plans and specifications to solicit bids or price 
quotes.
    (c) List of telecommunications standard contract forms. (1) RUS Form 
157, issued 10-77, Construction Work Plan and cost Distribution--
Telephone.
    (2) RUS Form 158, issued 10-77, Certification of Contract or Force 
Account Approval.
    (3) RUS Form 159, issued 10-77, Summary of Completed Construction.
    (4) RUS Form 168b, issued 2-04, Contractor's Bond.
    (5) RUS Form 168c, issued 2-04, Contractor's Bond.
    (6) RUS Form 181a, issued 3-66, Certificate of Completion (Force 
Account Construction).

[[Page 429]]

    (7) RUS Form 187, issued 2-04, Certificate of Completion, Contract 
Construction.
    (8) RUS Form 213, issued 2-04, Certificate (Buy American).
    (9) RUS Form 216, issued 7-67, Construction Change Order.
    (10) RUS Form 217, issued 3-97, Postloan Engineering Services 
Contract--Telecommunications Systems.
    (11) RUS Form 220, issued 6-98, Architectural Services Contract.
    (12) RUS Form 224, issued 2-04, Waiver and Release of Lien.
    (13) RUS Form 231, issued 2-04, Certificate of Contractor.
    (14) RUS Form 238, issued 2-04, Construction or Equipment Contract 
Amendment.
    (15) RUS Form 242, issued 11-58, Assignment of Engineering Service 
Contract.
    (16) RUS Form 245, issued 11-75, Engineering Services Contract, 
Special Services--Telephone.
    (17) RUS Form 257, issued 2-04, Contract to Construct Buildings.
    (18) RUS Form 257a, issued 10-69, Contractor's Bond.
    (19) RUS Form 274, issued 6-81, Bidder's Qualifications.
    (20) RUS Form 276, issued 5-59, Bidder's Qualifications for Buried 
Plant Construction.
    (21) RUS Form 281 issued 5-61, Tabulation of Materials Furnished by 
Borrower.
    (22) RUS Form 282, issued 11-53, Subcontract (Under Construction or 
Equipment Contracts).
    (23) RUS Form 284, issued 4-72, Final Statement of Cost for 
Architectural Service and Certificate of Architect.
    (24) RUS Form 307, issued 2-04, Bid Bond.
    (25) RUS Form 395, October 18, 2016, Equipment Contract.
    (26) RUS Form 395a, October 18, 2016, Equipment Contract Certificate 
of Completion (Including Installation).
    (27) RUS Form 395b, October 18, 2016, Equipment Contract Certificate 
of Completion (Not Including Installation).
    (28) RUS Form 395c, October 18, 2016, Certificate of Contractor and 
Indemnity Agreement.
    (29) RUS Form 395d, October 18, 2016, Results of Acceptance Tests.
    (30) RUS Form 506, issued 3-97, Statement of Engineering Fee--
Telecommunications.
    (31) RUS Form 515, issued September 17, 2001, Telecommunications 
Systems Construction Contract (Labor and Materials).
    (32) RUS Form 526, issued 8-66, Construction Contract Amendment.
    (33) RUS Form 527, issued 3-71, Statement of Construction, Telephone 
System ``Outside Plant''.
    (34) RUS Form 553, issued 5-67, Check List for Review of Plans and 
Specifications.
    (35) RUS Form 724, issued 10-63, Final Inventory, Telephone 
Construction Contract.
    (36) RUS Form 724a, issued 4-61, Final Inventory, Telephone 
Construction--Telephone Construction Contract (Labor and Materials), 
columns 1-8.
    (37) RUS Form 724b, issued 3-61, Final Inventory, Telephone 
Construction Contract (Labor and Materials), columns 9-14.
    (38) RUS Form 771, issued 10-75, Summary of Work Orders (Inspected 
by RUS Field Engineer).
    (39) RUS Form 771a, issued 10-75, Summary of Work Orders (Inspected 
by Licensed Engineer or Borrower's Staff Engineer).
    (40) RUS Form 773, issued 12-90, Miscellaneous Construction Work and 
Maintenance Services Contract.
    (41) RUS Form 787, issued 8-63, Supplement A to Construction 
Contract.
    (42) RUS Form 817, issued 6-60, Final Inventory, Telephone Force 
Account Construction.
    (43) RUS Form 817a, issued 6-60, Final Inventory, Telephone Force 
Account Construction, columns 1-8.
    (44) RUS Form 817b, issued 6-60, Final Inventory, Telephone Force 
Account Construction, Columns 9-14.
    (45) RUS Form 835, issued 3-66, Preloan Engineering Service 
Contract, Telephone System Design.

[64 FR 6501, Feb. 10, 1999, as amended at 64 FR 53887, Oct. 5, 1999; 65 
FR 51750, Aug. 25, 2000; 69 FR 7111, Feb. 13, 2004; 81 FR 71585, Oct. 
18, 2016]

[[Page 430]]



Sec. Sec.  1755.31-1755.96  [Reserved]



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: 
[email protected]; Telephone number: 202-692-0042; https://
www.rd.usda.gov/resources/regulations/bulletins. For information on the 
availability of this material at NARA, email: [email protected], or 
go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The 
material may be obtained from the following source(s):
    (2) To comply with the provisions of this part, you must follow the 
requirements set out in the RUS telecommunications bulletins 
incorporated by reference. These materials are incorporated as they 
exist on the date of the approval and notification of any change in 
these materials will be published in the Federal Register. The terms 
``RUS form'', ``RUS standard form'', ``RUS specification'', and ``RUS 
bulletin'' have the same meaning as the terms ``REA form'', ``REA 
standards form'', ``REA specification'', and ``REA bulletin'', 
respectively, unless otherwise indicated. For information on other 
standards incorporated by reference into this part see Sec.  1755.901.
    (b) Rural Utilities Service, U.S. Department of Agriculture, Room 
5170-S, U.S. Department of Agriculture, Washington, DC 20250, https://
www.rd.usda.gov/publications/regulations-guidelines/bulletins.
    (1) Bulletin 345-39, RUS specification for telephone station 
protectors, August 19, 1985.
    (2) Bulletin 345-50 PE-60, RUS specification for trunk carrier 
systems, September 1979.
    (3) Bulletin 345-54 PE-52, RUS specification for telephone cable 
splicing connectors, December 1971.
    (4) Bulletin 345-55 PE-61, RUS specification for central office loop 
extenders and loop extender voice frequency repeater combinations, 
December 1973.
    (5) Bulletin 345-65, PE-65, Specification for shield bonding 
connectors, March 22, 1985.
    (6) Bulletin 345-66 PE-64, RUS specification for subscriber carrier 
systems, September 1979.
    (7) Bulletin 345-69 PE-29, RUS specification for two-wire voice 
frequency repeater equipment, January 1978.
    (8) Bulletin 345-72 PE-74, RUS specification for filled splice 
closures, October 1985.
    (9) Bulletin 345-78 PE-78, RUS specification for carbon arrester 
assemblies for use in protectors, February 1980.
    (10) Bulletin 345-180 Form 397a, RUS specifications for voice 
frequency repeaters and voice frequency repeatered trunks, January 1963.
    (11) Bulletin 345-183 Form 397d, RUS design specifications for 
point-to-point microwave radio systems June 1970.
    (12) Bulletin 345-184 Form 397e, RUS design specifications for 
mobile and fixed dial radio telephone equipment May 1971.
    (13) Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs and 
Anchor Logs, April 18, 2022.
    (14) Bulletin 1753F-150 Form 515a, Specifications and Drawings for 
Construction of Direct Buried Plant, September 30, 2010.
    (15) Bulletin 1753F-151 Form 515b, Specifications and Drawings for 
Construction of Underground Plan, September 12, 2001.
    (16) Bulletin 1753F-152 Form 515c, Specifications and Drawings for 
Construction of Aerial Plant, September 17, 2001.
    (17) Bulletin 1753F-153 Form 515d, Specifications and Drawings for 
Service Installation at Customer Access Locations, September 17, 2001.

[84 FR 28201, June 18, 2019, as amended at 86 FR 57022, Oct. 14, 2021; 
87 FR 26963, May 6, 2022]



Sec.  1755.98  List of telecommunications specifications included 
in other 7 CFR parts.

    The following specifications are included throughout 7 CFR chapter 
XVII. These specifications are not incorporated by reference elsewhere 
in the chapter. The terms ``RUS form,'' ``RUS

[[Page 431]]

standard form,'' ``RUS specification,'' and ``RUS bulletin'' have the 
same meaning as the terms ``REA form,'' ``REA standard form,'' ``REA 
specification,'' and ``REA bulletin,'' respectively, unless otherwise 
indicated. The list of specifications follows:

------------------------------------------------------------------------
            Section                 Issue date             Title
------------------------------------------------------------------------
(a) 1728.202..................  4.18.2022........  RUS Specification for
                                                    Quality Control and
                                                    Inspection of Timber
                                                    Products.
(b) [Reserved]................
------------------------------------------------------------------------


[55 FR 39397, Sept. 27, 1990, as amended at 84 FR 28201, June 18, 2019; 
86 FR 57022, Oct. 14, 2021; 87 FR 26963, May 6, 2022]



Sec. Sec.  1755.99-1755.199  [Reserved]



Sec.  1755.200  RUS standard for splicing copper and fiber optic cables.

    (a) Scope. (1) This section describes approved methods for splicing 
plastic insulated copper and fiber optic cables. Typical applications of 
these methods include aerial, buried, and underground splices.
    (2) American National Standard Institute/National Fire Protection 
Association (ANSI/NFPA) 70, 1993 National Electrical Code (NEC) 
referenced in this section is incorporated by reference by RUS. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy of 
the ANSI/NFPA 1993 NEC standard is available for inspection during 
normal business hours at RUS, room 2845, U.S. Department of Agriculture, 
Washington, DC 20250-1500, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html. Copies 
are available from NFPA, Batterymarch Park, Quincy, Massachusetts 02269, 
telephone number 1 (800) 344-3555.
    (3) American National Standard Institute/Institute of Electrical and 
Electronics Engineers, Inc. (ANSI/IEEE), 1993 National Electrical Safety 
Code (NESC) referenced in this section is incorporated by reference by 
RUS. This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A 
copy of the ANSI/IEEE 1993 NESC standard is available for inspection 
during normal business hours at RUS, room 2845, U.S. Department of 
Agriculture, Washington, DC 20250-1500, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Copies are available from IEEE Service Center, 455 
Hoes Lane, Piscataway, New Jersey 08854, telephone number 1 (800) 678-
4333.
    (b) General. (1) Only Rural Utilities Service (RUS) accepted filled 
cable and splicing materials shall be used on outside plant projects 
financed by RUS.
    (2) The installation instructions provided by the manufacturer of 
splicing materials shall be followed except where those instructions 
conflict with the procedures specified in this section.
    (3) Precautions shall be taken to prevent the ingress of moisture 
and other contaminants during all phases of the splicing installation. 
When an uncompleted splice must be left unattended, it shall be sealed 
to prevent the ingress of moisture and other contaminants.
    (4) Minor sheath damage during construction may be repaired if the 
repair is completed immediately and approved by the borrower's resident 
project representative. Minor damage is typically repaired by:
    (i) Scuffing the cable sheath associated with the damaged area;
    (ii) Applying several layers of DR tape over the scuffed and damaged 
area;
    (iii) Applying several layers of plastic tape over the DR tape; and
    (iv) If damage is severe enough to rupture the cable shield, a 
splice closure shall be installed.

[[Page 432]]

    (5) All splice cases installed on RUS toll trunk and feeder cables 
shall be filled, whether aerial, buried, or underground.
    (c) Splicing considerations for copper cables--(1) Preconstruction 
testing. It is desirable that each reel of cable be tested for grounds, 
opens, shorts, crosses, and shield continuity before the cable is 
installed. However, manufacturer supplied test results are acceptable. 
All cable pairs shall be free from electrical defects.
    (2) Handling precautions. The cable manufacturer's instructions 
concerning pulling tension and bending radius shall be observed. Unless 
the cable manufacturer's recommendation is more stringent, the minimum 
bending radius shall be 10 times the cable diameter for copper cables 
and 20 times the cable diameter for fiber optic cables.
    (3) Cable sheath removal. (i) The length of cable sheath to be 
removed shall be governed by the type of splicing hardware used. Follow 
the splice case manufacturer's recommendations. For pedestals or large 
pair count splice housings, consider removing enough cable sheath to 
allow the conductors to extend to the top of the pedestal and then to 
hang downward to approximately 15 centimeters (cm) (6 inches (in.)) 
above the baseplate.
    (ii) Caution shall be exercised to avoid damaging the conductor 
insulation when cutting through the cable shield and removing the 
shield. Sharp edges and burrs shall be removed from the cut end of the 
shield.
    (4) Shield bonding and grounding. For personnel safety, the shields 
of the cables to be spliced shall be bonded together and grounded before 
splicing activities are started. (See paragraphs (g)(2), and (g)(5)(i) 
through (g)(5)(iii) of this section for final bonding and grounding 
provisions.)
    (5) Binder group identification. (i) Color coded plastic tie wraps 
shall be placed loosely around each binder group of cables before 
splicing operations are attempted. The tie wraps shall be installed as 
near the cable sheath as practicable and shall conform to the same color 
designations as the binder ribbons. Twisted wire pigtails shall not be 
used to identify binder groups due to potential transmission 
degradation.
    (ii) The standard insulation color code used to identify individual 
cable pairs within 25-pair binder groups shall be as shown in Table 1:

         Table 1--Cable Pair Identification Within Binder Groups
------------------------------------------------------------------------
                                                    Color
             Pair No.              -------------------------------------
                                            Tip               Ring
------------------------------------------------------------------------
1.................................  White.............  Blue.
2.................................  White.............  Orange.
3.................................  White.............  Green.
4.................................  White.............  Brown.
5.................................  White.............  Slate.
6.................................  Red...............  Blue.
7.................................  Red...............  Orange.
8.................................  Red...............  Green.
9.................................  Red...............  Brown.
10................................  Red...............  Slate.
11................................  Black.............  Blue.
12................................  Black.............  Orange.
13................................  Black.............  Green.
14................................  Black.............  Brown.
15................................  Black.............  Slate.
16................................  Yellow............  Blue.
17................................  Yellow............  Orange.
18................................  Yellow............  Green.
19................................  Yellow............  Brown.
20................................  Yellow............  Slate.
21................................  Violet............  Blue.
22................................  Violet............  Orange.
23................................  Violet............  Green.
24................................  Violet............  Brown.
25................................  Violet............  Slate.
------------------------------------------------------------------------

    (iii) The standard binder ribbon color code used to designate 25-
pair binder groups within 600-pair super units shall be as shown in 
Table 2:

               Table 2--Cable Binder Group Identification
------------------------------------------------------------------------
                                                              Group pair
            Group No.                  Color of bindings         count
------------------------------------------------------------------------
1................................  White-Blue...............    1-25
2................................  White-Orange.............   26-50
3................................  White-Green..............   51-75
4................................  White-Brown..............  76-100
5................................  White-Slate..............  101-125
6................................  Red-Blue.................  126-150
7................................  Red-Orange...............  151-175
8................................  Red-Green................  176-200
9................................  Red-Brown................  201-225
10...............................  Red-Slate................  226-250
11...............................  Black-Blue...............  251-275
12...............................  Black-Orange.............  276-300
13...............................  Black-Green..............  301-325
14...............................  Black-Brown..............  326-350
15...............................  Black-Slate..............  351-375
16...............................  Yellow-Blue..............  376-400
17...............................  Yellow-Orange............  401-425
18...............................  Yellow-Green.............  426-450
19...............................  Yellow-Brown.............  451-475
20...............................  Yellow-Slate.............  476-500
21...............................  Violet-Blue..............  501-525
22...............................  Violet-Orange............  526-550
23...............................  Violet-Green.............  551-575

[[Page 433]]

 
24...............................  Violet-Brown.............  576-600
------------------------------------------------------------------------

    (iv) Super-unit binder groups shall be identified in accordance with 
Table 3:

                    Table 3--Super-Unit Binder Colors
------------------------------------------------------------------------
                Pair numbers                         Binder color
------------------------------------------------------------------------
1-600......................................  White.
601-1200...................................  Red.
1201-1800..................................  Black.
1801-2400..................................  Yellow.
2401-3000..................................  Violet.
3001-3600..................................  Blue.
3601-4200..................................  Orange.
4201-4800..................................  Green.
4801-5400..................................  Brown.
5401-6000..................................  Slate.
------------------------------------------------------------------------

    (v) Service pairs in screened cables shall be identified in 
accordance with Table 4:

           Table 4--Screened Cable Service Pair Identification
------------------------------------------------------------------------
                                                    Color
         Service pair No.          -------------------------------------
                                            Tip               Ring
------------------------------------------------------------------------
1.................................  White.............  Red.
2.................................  White.............  Black.
3.................................  White.............  Yellow.
4.................................  White.............  Violet.
                                    Red...............  Black.
6.................................  Red...............  Yellow.
7.................................  Red...............  Violet.
8.................................  Black.............  Yellow.
9.................................  Black.............  Violet.
------------------------------------------------------------------------

    (6) Cleaning conductors. It is not necessary to remove the filling 
compound from cable conductors before splicing. However, it is 
permissible to wipe individual conductors with clean paper towels or 
clean cloth rags. No cleaning chemicals, etc., shall be used. Caution 
shall be exercised to maintain individual cable pair and binder group 
identity. Binder group identity shall be maintained by using color coded 
plastic tie wraps. Individual pair identification shall be maintained by 
carefully twisting together the two conductors of each pair.
    (7) Expanded plastic insulated conductor (PIC) precautions. Solid 
PIC and expanded (foam or foam skin) PIC are spliced in the same manner, 
using the same tools and materials and, in general, should be treated 
the same. However, the insulation on expanded PIC is much more fragile 
than solid PIC. Twisting or forming expanded PIC into extremely compact 
splice bundles and applying excessive amounts of tension when tightening 
tie wraps causes shiners and, thus shall be avoided.
    (8) Splice connectors. (i) Only RUS accepted filled splice 
connectors shall be used on outside plant projects financed by RUS.
    (ii) Specialized connectors are available for splicing operations 
such as butt splices, in line splices, bridge taps, clearing and 
capping, and multiple pair splicing operations. The splice connector 
manufacturer's recommendations shall be followed concerning connector 
selection and use.
    (iii) Caution shall be exercised to maintain conductor and pair 
association both during and after splicing operations.
    (iv) Splicing operations that involve pairs containing working 
services shall utilize splice connectors that permit splicing without 
the interruption of service.
    (9) Piecing out conductors. Conductors may be pieced-out to provide 
additional slack or to repair damaged conductors. However, the 
conductors shall be pieced-out with conductors having the same gauge and 
type and color of insulation. The conductors used for piecing-out shall 
be from cables having RUS acceptance.
    (10) Splice organization. Spliced pair bundles shall be arranged in 
firm lay-ups with minimum conductor tension in accordance with the 
manufacturer's instructions.
    (11) Binder tape. Perforated nonhygroscopic and nonwicking binder 
tape should be applied to splices housed in filled splice cases. The 
binder tape allows the flow of filling compound while holding the splice 
bundles near the center of the splice case to allow adequate coverage of 
filling compound.
    (12) Cable tags. Cables shall be identified by a tag indicating the 
cable manufacturer's name, cable size, date of placement, and generic 
route information. Information susceptible to changes caused by future 
cable throws and rearrangements should not be included. Tags on load 
coil stubs shall include the serial number of the coil

[[Page 434]]

case, the manufacturer's name, and the inductance value.
    (13) Screened cable. Screened PIC cable is spliced in the same 
manner as nonscreened PIC cable. However, special considerations are 
necessary due to differences in the cable design. The transmit and 
receive bundles of the cable shall be separated and one of the bundles 
shall be wrapped with shielding material in accordance with the cable 
manufacturer's recommendations. When acceptable to the cable 
manufacturer, it is permissible to use either the scrap screening tape 
removed from the cable during the sheath opening process provided the 
screening tape is edge coated or new pressure sensitive aluminum foil 
tape over polyethylene tape.
    (14) Service wire connections. (i) Buried service wires may be 
spliced directly to cable conductors inside pedestals using the same 
techniques required for branch cables. Buried service wires may also be 
terminated on terminal blocks inside pedestals in areas where high 
service order activity or fixed count cable administration policies 
require terminal blocks. However, only RUS accepted terminal blocks 
equipped with grease or gel filled terminations to provide moisture and 
corrosion resistance shall be used.
    (ii) Only filled terminal blocks having RUS acceptance shall be used 
on aerial service wire connections.
    (15) Copper cable testing. Copper cable testing shall be performed 
in accordance with RUS Bulletin 345-63, ``RUS Standard for Acceptance 
Tests and Measurements of Telephone Plant,'' PC-4, (Incorporated by 
reference at Sec.  1755.97).
    (16) Cable acceptance. Installed cable shall be tested and pass the 
inventory and acceptance testing specified in the Telephone System 
Construction Contract (Labor and Materials), RUS Form 515. The tests and 
inspections shall be witnessed by the borrower's resident project 
representative. All conductors shall be free from grounds, shorts, 
crosses, splits, and opens.
    (d) Splice arrangements for copper cables--(1) Service distribution 
closures. (i) Ready access closures permit cable splicing activities and 
the installation of filled terminal blocks for service wire connections 
in the same closure. Ready access designs shall allow service 
technicians direct access to the cable core as well as the terminal 
block.
    (ii) Fixed count terminals shall restrict service technician access 
to the cable core. Predetermined cable pairs shall be spliced to the 
terminal leads or stub cable in advance of service assignments.
    (2) Aerial splices. Aerial splice cases accommodate straight 
splices, branch splices, load coils, and service distribution terminals. 
Aerial splicing arrangements having more than 4 cables spliced in the 
same splice case are not recommended. Stub cabling to a second splice 
case to avoid a congested splice is acceptable.
    (3) Buried splices. (i) Direct buried splice cases accommodate 
straight splices, branch splices, and load coils. Direct buried splices 
shall be filled and shall be used only when above ground splicing in 
pedestals is not practicable.
    (ii) A treated plank or equivalent shall be placed 15 cm (6 in.) 
above the buried splice case to prevent damage to the splice case from 
future digging. Where a firm base for burying a splice cannot be 
obtained, a treated plank or equivalent shall be placed beneath the 
splice case.
    (iii) Each buried splice shall be identified for future locating. 
One method of marking the splice point is the use of a warning sign. 
Another method is the burying of an electronic locating device.
    (4) BD-type pedestals. (i) BD-type pedestals are housings primarily 
intended to house, organize, and protect cable terminations 
incorporating splice connectors, ground lugs, and load coils. Activities 
typically performed in pedestals are cable splicing, shield bonding and 
grounding, loading, and connection of subscriber service drops.
    (ii) The recommended splice capacities for BD-type pedestals are 
shown in Table 5. However, larger size pedestals are permissible if 
service requirements dictate their usefulness. Table 5 is as follows:

[[Page 435]]



            Table 5--Splice Capacities for BD-Type Pedestals
------------------------------------------------------------------------
                                                          Maximum load
                                    Maximum straight       splice pair
                                  splice pair capacity   capacity using
                                    using single pair      single pair
          Pedestal type               connectors or       connectors or
                                  multiple pair splice    multiple pair
                                         modules         splice modules
                                                          (see note 1)
------------------------------------------------------------------------
BD3, BD3A.......................  100 Pair............  50 Pair.
BD4, BD4A.......................  200 Pair............  100 Pair.
BD5, BD5A.......................  600 Pair............  300 Pair.
BD7.............................  1200 Pair...........  600 Pair.
BD14, BD14A.....................  100 Pair............  50 Pair.
BD15, BD15A.....................  400 Pair............  200 Pair.
BD16, BD16A.....................  600 Pair............  300 Pair.
------------------------------------------------------------------------
Note 1: This table refers to load coil cases that are to be direct
  buried with stub cables extending into the pedestal for splicing.
  Requirements involving individual coil arrangements inside the
  pedestal should be engineered on a case-by-case basis.

    (iii) Special distribution pedestals having a divider plate for 
mounting filled terminal blocks are available. Distribution pedestals 
are also equipped with service wire channels for installation of buried 
service wires without disturbing the cabling and gravel inside the base 
of the pedestal. Distribution pedestals are recommended in locations 
where the connection of service wires is required.
    (5) Large pair count splice housings. Large pair count splice 
housings are recommended for areas not suitable for man- holes. The 
recommended capacities are shown in Table 6:

           Table 6--Splice Capacities for Large Count Housings
------------------------------------------------------------------------
                                                          Maximum load
                                   Maximum straight       splice pair
                                 splice pair capacity    capacity using
                                  using single pair       single pair
         Housing type               connectors or        connectors or
                                 multiple pair splice    multiple pair
                                       modules           splice modules
                                                          (see note 1)
------------------------------------------------------------------------
BD 6000.......................  6,000 Pair...........  3,000 Pair.
BD 8000.......................  8,000 Pair...........  4,000 Pair.
BD 10000......................  10,000 Pair..........  5,000 Pair.
------------------------------------------------------------------------

    (6) Pedestal restricted access inserts. Restricted access inserts 
may be used to protect splices susceptible to unnecessary handling where 
subsequent work activities are required or expected to occur after 
splices have been completed. Restricted access inserts also provide 
moisture protection in areas susceptible to temporary flooding. A 
typical restricted access insert is shown in Figure 1:
[GRAPHIC] [TIFF OMITTED] TR26JA95.002


[[Page 436]]


    (7) Serving Area Interface (SAI) Systems. SAI systems provide the 
cross-connect point between feeder and distribution cables. Connection 
of feeder to distribution pairs is accomplished by placing jumpers 
between connecting blocks. Only RUS accepted connecting blocks having 
grease or gel filled terminations to provide moisture and corrosion 
resistance shall be used.
    (8) Buried cable splicing arrangements. Typical buried cable 
splicing arrangements are illustrated in Figures 2 through 5:
[GRAPHIC] [TIFF OMITTED] TR26JA95.003


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[GRAPHIC] [TIFF OMITTED] TR26JA95.004


[[Page 438]]


[GRAPHIC] [TIFF OMITTED] TR26JA95.005


[[Page 439]]


[GRAPHIC] [TIFF OMITTED] TR26JA95.006

    (9) Underground splices (manholes). Underground splice cases 
accommodate straight splices, branch splices, and load coils. 
Underground splices shall be filled.
    (10) Central office tip cable splices. (i) Filled cable or filled 
splices are not recommended for use inside central offices, except in 
cable vault locations. Outside plant cable sheath and cable filling 
compound are susceptible to fire and will support combustion. Fire, 
smoke, and gases generated by these materials during burning are 
detrimental to telephone switching equipment.
    (ii) Tip cables should be spliced in a cable vault. However, as a 
last resort, tip cables may be spliced inside a central office if flame 
retardant splice cases or a noncombustible central office splice housing 
is used to contain the splice.
    (iii) Splices inside the central office shall be made as close as 
practical to

[[Page 440]]

the point where the outside plant cables enter the building. Except in 
cable vault locations, outside plant cables within the central office 
shall be wrapped with fireproof tape or enclosed in noncombustible 
conduit.
    (e) Splicing considerations for fiber optic cables--(1) Connection 
characteristics. Splicing efficiency between optical fibers is a 
function of light loss across the fiber junctions measured in decibels 
(dB). A loss of 0.2 dB in a splice corresponds to a light transmission 
efficiency of approximately 95.5 percent.
    (2) Fiber core alignment. Fiber splicing techniques shall be 
conducted in such a manner that the cores of the fibers will be aligned 
as perfectly as possible to allow maximum light transmission from one 
fiber to the next. Without proper alignment, light will leave the fiber 
core and travel through the fiber cladding. Light outside the fiber core 
is not a usable light signal. Core misalignment is illustrated in Figure 
6:
[GRAPHIC] [TIFF OMITTED] TR26JA95.007

    (3) Splice loss. (i) Splice loss can also be caused by fiber defects 
such as nonidentical core diameters, cores not in center of the fiber, 
and noncircular cores. Such defects are depicted in Figure 7:

[[Page 441]]

[GRAPHIC] [TIFF OMITTED] TR26JA95.008

    (ii) Undesirable splice losses are caused by poor splicing 
techniques including splicing irregularities such as improper cleaves 
and dirty splices. Typical cleave problems are illustrated in Figure 8:

[[Page 442]]

[GRAPHIC] [TIFF OMITTED] TR26JA95.009

    (4) Handling precautions. The following precautions shall be 
observed:
    (i) Avoid damaging the cable during handling operations prior to 
splicing. Minor damage may change the transmission characteristics of 
the fibers to the extent that the cable section will have to be 
replaced;
    (ii) The cable manufacturer's recommendations concerning pulling 
tension shall be observed. The maximum pulling tension for most fiber 
optic cable is 2669 newtons (600 pound-force);
    (iii) The cable manufacturer's recommendations concerning bending 
radius shall be observed. Unless the cable manufacturer's recommendation 
is more stringent, the minimum bending radius for fiber optic cable 
shall be 20 times the cable diameter;
    (iv) The cable manufacturer's recommendations concerning buffer tube 
bending radius shall be observed. Unless the cable manufacturer's 
recommendation is more stringent, the minimum bending radius for buffer 
tubes is usually between 38 millimeters (mm) (1.5 in.) and 76 mm (3.0 
in.). The bending limitations on buffer tubes are intended to prevent 
kinking. Buffer tube kinking may cause excessive optical loss or fiber 
breakage; and
    (v) Handle unprotected glass fibers carefully to avoid introducing 
flaws such as scratched or broken fibers.
    (5) Personnel safety. The following safety precautions shall be 
observed:
    (i) Safety glasses shall be worn when handling glass fibers;

[[Page 443]]

    (ii) Never view open-ended fibers with the naked eye or a magnifying 
device. Improper viewing of a fiber end that is transmitting light may 
cause irreparable eye damage; and
    (iii) Dispose of bare scrap fibers by using the sticky side of a 
piece of tape to pick up and discard loose fiber ends. Fiber scraps 
easily penetrate the skin and are difficult to remove.
    (6) Equipment requirements. (i) Fiber optic splices shall be made in 
areas where temperature, humidity, and cleanliness can be controlled. 
Both fusion and mechanical splicing techniques may require a splicing 
vehicle equipped with a work station that will allow environmental 
control.
    (ii) Both fusion and mechanical splicing techniques are permitted on 
RUS financed projects. When using the mechanical splicing technique, 
only RUS accepted mechanical fiber optic splice connectors can be used.
    (iii) Fusion splicing machines shall be kept in proper working 
condition. Regular maintenance in accordance with the machine 
manufacturer's recommendations shall be observed.
    (iv) Mechanical splicing tools shall be in conformance with the tool 
manufacturer's recommendations.
    (v) An optical time domain reflectometer (OTDR) shall be used for 
testing splices. The OTDR shall be stationed at the central office or 
launch point for testing individual splices as they are made and for 
end-to-end signature tests for the fiber optic link.
    (vi) An optical power meter shall be used for end-to-end cable 
acceptance tests.
    (vii) A prerequisite for the successful completion of a fiber optic 
splicing endeavor is the presence of a talk circuit between the splicing 
technician in the splicing vehicle and the operator of the OTDR in the 
central office. The splicing technician and the OTDR operator shall have 
access to communications with each other in order to inform each other 
as to:
    (A) Which splices meet the loss objectives;
    (B) The sequence in which buffer tubes and fibers are to be selected 
for subsequent splicing operations; and
    (C) The timing required for the performance of OTDR testing to 
prevent making an OTDR test at the same time a splice is being fused.
    (7) Cable preparation. (i) Engineering work prints shall prescribe 
the cable slack needed at splice points to reach the work station inside 
the splicing vehicle. Consideration should be given to the slack 
required for future maintenance activity as well as initial construction 
activities. The required slack may be different for each splice point, 
depending on the site logistics. However, the required slack is seldom 
less than 15 meters (50 feet). The amount of slack actually used shall 
be recorded for each splice point to assist future maintenance and 
restoration efforts.
    (ii) The splice case manufacturer's recommendations concerning the 
amount of cable sheath to be removed shall be followed to facilitate 
splicing operations. The length of the sheath opening shall be 
identified with a wrap of plastic tape.
    (iii) If the cable contains a rip cord, the cable jacket shall be 
ring cut approximately 15 cm (6 in.) from the end and the 15 cm (6 in.) 
of cable jacket shall be removed to expose the rip cord. The rip cord 
shall be used to slit the jacket to the tape mark.
    (iv) If the cable does not contain a rip cord, the cable jacket 
shall be slit using a sheath splitter. No cuts shall be made into the 
cable core nor shall the buffer tubes be damaged.
    (v) If the cable contains an armor sheath, the outer jacket shall be 
opened along the slit and the jacket shall be removed exposing the armor 
sheath. The armor shall be separated at the seam and pulled from the 
cable exposing the inner jacket. The armor shall be removed making 
allowances for a shield bond connector. The inner sheath shall be slit 
using a sheath splitter or rip cord. The cable core shall not be damaged 
nor shall there be any damage to the buffer tubes. The jacket shall be 
peeled back and cut at the end of the slit. The exposed buffer tubes 
shall not be cut, kinked, or bent.
    (vi) After the cable sheath has been removed, the binder tape shall 
be removed from the cable. The cable shall not be crushed or deformed.
    (vii) The buffer tubes shall be unstranded one at a time. The buffer 
tubes shall not be kinked.

[[Page 444]]

    (viii) If the cable is equipped with a strength member, the strength 
member shall be cut to the length recommended by the splice case 
manufacturer.
    (ix) Each buffer tube shall be inspected for kinks, cuts, and flat 
spots. If damage is detected, an additional length of cable jacket shall 
be removed and all of the buffer tubes shall be cut off at the point of 
damage.
    (x) The cable preparation sequence shall be repeated for the other 
cable end.
    (8) Shield bonding and grounding. For personnel safety, the shields 
and metallic strength members of the cables to be spliced shall be 
bonded together and grounded before splicing activities are started. 
(See paragraphs (g)(4), and (g)(5)(i) through (g)(5)(iii) of this 
section for final bonding and grounding provisions).
    (9) Fiber optic color code. The standard fiber optic color code for 
buffer tubes and individual fibers shall be as shown in Table 7:

              Table 7--Fiber and Buffer Tube Identification
------------------------------------------------------------------------
     Buffer tube and fiber No.                      Color
------------------------------------------------------------------------
 1.................................  Blue.
 2.................................  Orange.
 3.................................  Green.
 4.................................  Brown.
 5.................................  Slate.
 6.................................  White.
 7.................................  Red.
 8.................................  Black.
 9.................................  Yellow.
10.................................  Violet.
11.................................  Rose.
12.................................  Aqua.
13.................................  Blue/Black Tracer.
14.................................  Orange/Black Tracer.
15.................................  Green/Black Tracer.
16.................................  Brown/Black Tracer.
17.................................  Slate/Black Tracer.
18.................................  White/Black Tracer.
19.................................  Red/Black Tracer.
20.................................  Black/Yellow Tracer.
21.................................  Yellow/Black Tracer.
22.................................  Violet/Black Tracer.
23.................................  Rose/Black Tracer.
24.................................  Aqua/Black Tracer.
------------------------------------------------------------------------

    (10) Buffer tube removal. (i) The splice case manufacturer's 
recommendation shall be followed concerning the total length of buffer 
tube to be removed. Identify the length to be removed with plastic tape.
    (ii) Experiment with a scrap buffer tube to determine the cutting 
tool adjustment required to ring cut a buffer tube without damaging the 
fibers.
    (iii) Buffer tubes shall be removed by carefully ring cutting and 
removing approximately 15 to 46 cm (6 to 18 in.) of buffer tube at a 
time. The process shall be repeated until the required length of buffer 
tube has been removed, including the tape identification marker.
    (11) Coated fiber cleaning. (i) Each coated fiber shall be cleaned. 
The cable manufacturer's recommendations shall be followed concerning 
the solvent required to clean the coated fibers. Reagent grade isopropyl 
alcohol is a commonly used cleaning solvent.
    (ii) A tissue or cotton ball shall be soaked in the recommended 
cleaning solvent and the coated fibers shall be carefully wiped one at a 
time using a clean tissue or cotton ball for each coated fiber. Caution 
shall be exercised to avoid removing the coloring agent from the fiber 
coating.
    (12) Fiber coating removal. (i) Fiber coatings shall be removed. In 
accordance with the splicing method used, the splice case manufacturer's 
recommendation shall be followed concerning the length of fiber coating 
to be removed.
    (ii) The recommended length of fiber coating shall be removed only 
on the two fibers to be spliced. Fiber coating removal shall be 
performed on a one-fiber-at-a-time basis as each splice is prepared.
    (13) Bare fiber cleaning. After the fiber coating has been removed, 
the bare fibers shall be cleaned prior to splicing. Each fiber shall be 
wiped with a clean tissue or cotton ball soaked with the cleaning 
solvent recommended by the cable manufacturer. The bare fiber shall be 
wiped one time to minimize fiber damage. Aggressive wiping of bare fiber 
shall be avoided as it lowers the fiber tensile strength.
    (14) Fiber cleaving. Cleaving tools shall be clean and have sharp 
cutting edges to minimize fiber scratches and improper cleave angles. 
Cleaving tools that are recommended by the manufacturer of the splicing 
system shall be used.
    (15) Cleaved fiber handling. The cleaved and cleaned fiber shall not 
be allowed to touch other objects and

[[Page 445]]

shall be inserted into the splicing device.
    (16) Completion of the splice. (i) In accordance with the method of 
splicing selected by the borrower, the splice shall be completed by 
either fusing the splice or by applying the mechanical connector.
    (ii) Each spliced fiber shall be routed through the organizer tray 
one at a time as splices are completed. The fibers shall be organized 
one at a time to prevent tangled spliced fibers. The splice case 
manufacturer's recommendation shall be followed concerning the splice 
tray selection.
    (17) Fiber optic testing. Fiber optic testing shall be performed in 
accordance with RUS Bulletin 345-63, ``RUS Standard for Acceptance Tests 
and Measurements of Telephone Plant,'' PC-4, (Incorporated by reference 
at Sec.  1755.97).
    (18) Cable acceptance. Installed cable shall be tested and pass the 
inventory and acceptance testing specified in the Telephone System 
Construction Contract (Labor and Materials), RUS Form 515. The tests and 
inspections shall be witnessed by the borrower's resident project 
representative.
    (f) Splice arrangements for fiber optic cables--(1) Aerial splices. 
Cable slack at aerial splices shall be stored either on the messenger 
strand, on the pole, or inside a pedestal at the base of the pole. A 
typical arrangement for the storage of slack cable at aerial splices is 
shown in Figure 9:

[[Page 446]]

[GRAPHIC] [TIFF OMITTED] TR26JA95.010

    (2) Buried splices. Buried splices shall be installed in handholes 
to accommodate the splice case and the required splicing slack. An 
alternative to the handhole is a pedestal specifically designed for 
fiber optic splice cases. Typical arrangements for buried cable splices 
are shown in Figures 10 and 11:

[[Page 447]]

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[[Page 448]]


[GRAPHIC] [TIFF OMITTED] TR26JA95.012

    (3) Underground manhole splices. Underground splices shall be stored 
in manholes on cable hooks and racks fastened to the manhole wall. The 
cable slack shall be stored on cable hooks and racks as shown in Figure 
12:

[[Page 449]]

[GRAPHIC] [TIFF OMITTED] TR26JA95.013

    (4) Central office cable entrance. (i) Filled cable or filled 
splices are not recommended for use inside central offices except in 
cable vault locations. Outside plant cable sheath and cable filling 
compound are susceptible to fire and will support combustion. Fire, 
smoke, and gases generated by these materials during burning are 
detrimental to telephone switching equipment.
    (ii) As a first choice, the outside plant fiber optic cable shall be 
spliced to an all-dielectric fire retardant cable in a cable vault with 
the all-dielectric cable extending into the central office and 
terminating inside a fiber patch panel.
    (iii) As a second choice, the outside plant cable may be spliced 
inside the central office if a flame retardant fiber optic splice case 
or a noncombustible central office splice housing equipped with 
organizer trays is used to contain the splice.
    (iv) In cases referenced in paragraphs (f)(4)(ii) and (f)(4)(iii) of 
this section, as a minimum the fire retardant all-dielectric cable used 
to provide the connection between the cable entrance splice and the 
fiber patch panel shall be listed as Communication Riser Cable (Type 
CMR) in accordance with Sections 800-50 and 800-51(b) of the 1993 
National Electrical Code.
    (v) Splices inside the central office shall be made as close as 
practicable to

[[Page 450]]

the point where the outside plant cables enter the building. Except in 
cable vault locations, outside plant cables within the central office 
shall be wrapped with fireproof tape or enclosed in noncombustible 
conduit.
    (g) Bonding and grounding fiber optic cable, copper cable, and 
copper service wire--(1) Bonding. Bonding is electrically connecting two 
or more metallic items of telephone hardware to maintain a common 
electrical potential. Bonding may involve connections to another 
utility.
    (2) Copper cable shield bond connections. (i) Cable shields shall be 
bonded at each splice location. Only RUS accepted cable shield bond 
connectors shall be used to provide bonding and grounding connections to 
metallic cable shields. The shield bond connector manufacturer's 
instructions shall be followed concerning installation and use.
    (ii)(A) Shield bonding conductors shall be either stranded or 
braided tinned copper wire equivalent to a minimum No. 6 American Wire 
Gauge (AWG) and shall be RUS accepted. The conductor connections shall 
be tinned or of a compatible bimetallic design to avoid corrosion 
problems associated with dissimilar metals. The number of shield bond 
connectors required per pair size and gauge shall be as shown in Table 
8:

         Table 8--Shield Bond Connectors per Pair Size and Gauge
------------------------------------------------------------------------
                            Pair size and gauge                 No. of
             ------------------------------------------------   shield
   19 AWG                                                        bond
                  22 AWG          24 AWG          26 AWG      connectors
------------------------------------------------------------------------
        0-25           0-100           0-150           0-200           1
      50-100         150-300         200-400         300-600           2
     150-200         400-600         600-900        900-1500           3
     300-600        900-1200       1200-2100       1800-3600           4
------------------------------------------------------------------------

    (B) It is permissible to strap across the shield bond connectors of 
several cables with a single length of braided wire. However, both ends 
of the braid shall be terminated on the pedestal ground bracket to 
provide a bonding loop. Shield bond connection methods for individual 
cables are shown in Figures 13 through 15, and the bonding of several 
cables inside a pedestal using the bonding loop is shown in Figure 16:

[[Page 451]]

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[[Page 452]]


[GRAPHIC] [TIFF OMITTED] TR26JA95.015


[[Page 453]]


[GRAPHIC] [TIFF OMITTED] TR26JA95.016


[[Page 454]]


[GRAPHIC] [TIFF OMITTED] TR26JA95.017

    (3) Buried service wire shield bond connections. Buried service wire 
shields shall be connected to the pedestal bonding and grounding system. 
Typical buried service wire installations are shown in Figures 17 and 
18. In addition to the methods referenced in Figures 17 and 18, the 
shields of buried service wires may also be connected to the pedestal 
bonding and grounding system using buried service wire bonding harnesses 
listed on Page 3.3.1, Item ``gs-b,'' of RUS Bulletin 1755I-100. RUS 
Bulletin 1755I-100 may be purchased from the

[[Page 455]]

Superintendent of Documents, U.S. Government Printing Office, 
Washington, DC 20402. When those harnesses are used they shall be 
installed in accordance with the manufacturer's instructions. Figures 17 
and 18 are as follows:
[GRAPHIC] [TIFF OMITTED] TR26JA95.018


[[Page 456]]


[GRAPHIC] [TIFF OMITTED] TR26JA95.019

    (4) Fiber optic cable bond connections. (i) The cable shield and 
metallic strength members shall be bonded at each splice location. Only 
RUS accepted fiber optic cable shield bond connectors shall be used to 
provide bonding connections to the metallic cable shields. The shield 
bond connector manufacturer's instructions shall be followed concerning 
installation and use.
    (ii) Shield bonding conductors shall be either stranded or braided 
tinned copper wire equivalent to a minimum No. 6 American Wire Gauge 
(AWG) and shall be RUS accepted. The conductor connections shall be 
tinned or of a compatible bimetallic design to avoid corrosion problems 
associated with dissimilar metals.
    (5) Grounding. (i) Grounding is electrically connecting metallic 
telephone hardware to a National Electrical Safety Code (NESC) 
acceptable grounding electrode. Acceptable grounding electrodes are 
defined in the Rule 99A of the NESC.

[[Page 457]]

    (ii) The conductor used for grounding metallic telephone hardware 
shall be a minimum No. 6 AWG solid, bare, copper conductor.
    (iii) For copper and fiber optic cable plant, all cable shields, all 
metallic strength members, and all metallic hardware shall be:
    (A) Grounded at each splice location to a driven grounding electrode 
(ground rod) of:
    (1) At least 1.5 meters (5 feet) in length where the local frost 
level is normally less than 0.30 meters (1 foot) deep; or
    (2) At least 2.44 meters (8 feet) in length where the local frost 
level is normally 0.30 meters (1 foot) or deeper; and
    (B) Bonded to a multi-grounded power system neutral when the splice 
is within 1.8 meters (6 feet) of access to the grounding system of the 
multi-grounded neutral system. Bonding to the multi-grounded neutral of 
a parallel power line may help to minimize telephone interference on 
long exposures with copper cable plant. Consideration, thus, should be 
given to completing such bonds, at least four (4) times each mile, when 
splices are greater than 1.8 meters (6 feet) but less than 4.6 meters 
(15 feet) from access to the multi-grounded neutral.
    (6) Bonding and grounding splice cases. (i) Splice cases are 
equipped with bonding and grounding devices to ensure that cable shields 
and metallic strength members maintain electrical continuity during and 
after cable splicing operations. The splice case manufacturer's 
recommendations shall be followed concerning the bonding and grounding 
procedures. Conductors used for bonding shall be either stranded or 
braided tinned copper wire equivalent to 6 AWG. Conductors used for 
grounding shall be a solid, bare, copper wire equivalent to minimum No. 
6 AWG.
    (ii) Buried splice cases installed in either handholes or pedestals 
shall be grounded such that the cable shield grounds are attached to a 
common ground connection that will allow the lifting of a ground on the 
cable shield in either direction to permit efficient cable locating 
procedures. As a first choice, buried grounding conductor(s) shall be 
bare. However, if two or more grounding conductors are buried in the s 
they shall be insulated to avoid shorts when a locating tone is applied.
    (iii) A typical bonding and grounding method for fiber optic splices 
is shown in Figure 19:

[[Page 458]]

[GRAPHIC] [TIFF OMITTED] TR26JA95.020

    (7) Bonding and grounding central office cable entrances. The RUS 
Telecommunications Engineering and Construction Manual (TE&CM) Section 
810 provides bonding and grounding guidance for central office cable 
entrances. Splicing operations shall not be attempted before all 
metallic cable shield and strength members are bonded and grounded.

[60 FR 5097, Jan. 26, 1995; 60 FR 9079, Feb. 16, 1995]

[[Page 459]]



Sec. Sec.  1755.201-1755.369  [Reserved]



Sec.  1755.370  RUS specification for seven wire galvanized steel strand.

    (a) RUS incorporates by reference ASTM A475-78, Standard 
Specification for Zinc-Coated Steel Wire Strand, issued May 1978. All 
seven wire galvanized steel strand purchased after April 1, 1990, for 
use on telecommunications systems financed by RUS loan funds must 
conform to this standard. This incorporation by reference was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51 on January 19, 1990). Copies of ASTM A475-78 
are available for inspection during normal business hours at the 
National Archives and Records Administration (NARA) and the Rural 
Utilities Service, Administrative Services Division, room 0175-S, U.S. 
Department of Agriculture, Washington, DC 20250, telephone 202-382-9551. 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. Copies are available 
from the American Society for Testing and Materials, 1916 Race Street, 
Philadelphia, PA 19103, telephone 215-299-5400.
    (b) In addition to the requirements of ASTM 475-78, all coils and 
reels having Class B or C coatings shall be marked with a 3-inch wide 
and 6-inch long deep-colored stripe, green or orange, respectively, to 
identify the class of galvanized coating of the strand. This marking 
shall be applied to the exposed convolutions of the strand in the eye of 
the coils and located near the midpoint on the outside layer of strand 
on the reels. The marking shall not cover any welded joint markings.

[55 FR 1792, Jan. 19, 1990; 55 FR 3685, Feb. 2, 1990. Redesignated at 55 
FR 39397, Sept. 27, 1990, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. Sec.  1755.371-1755.389  [Reserved]



Sec.  1755.390  RUS specification for filled telephone cables.

    (a) Scope. (1) This section covers the requirements for filled 
telephone cables intended for direct burial installation either by 
trenching or by direct plowing, for underground application by placement 
in a duct, or for aerial installations by attachment to a support 
strand.
    (i) The conductors are solid copper, individually insulated with an 
extruded solid insulating compound.
    (ii) The insulated conductors are twisted into pairs which are then 
stranded or oscillated to form a cylindrical core.
    (iii) For high frequency applications, the cable core may be 
separated into compartments with screening shields.
    (iv) A moisture resistant filling compound is applied to the 
stranded conductors completely covering the insulated conductors and 
filling the interstices between pairs and units.
    (v) The cable structure is completed by the application of suitable 
core wrapping material, a flooding compound, a shield or a shield/armor, 
and an overall plastic jacket.
    (2) The number of pairs and gauge size of conductors which are used 
within the RUS program are provided in the following table:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
AWG                                              19     22     24     26
 
Pairs                                             6      6      6
                                                 12     12     12
                                                 18     18     18
                                                 25     25     25     25
                                              .....     50     50     50
                                              .....     75     75     75
                                              .....    100    100    100
                                              .....    150    150    150
                                              .....    200    200    200
                                              .....    300    300    300
                                              .....    400    400    400
                                              .....  .....    600    600
                                              .....  .....  .....    900
------------------------------------------------------------------------
Note: Cables larger in pair sizes than those shown in this table must
  meet all requirements of this section.

    (3) Screened cable, when specified, must meet all requirements of 
this section. The pair sizes of screened cables used within the RUS 
program are referenced in paragraph (e)(2)(i) of this section.
    (4) All cables sold to RUS borrowers for projects involving RUS loan 
funds under this section must be accepted by RUS Technical Standards 
Committee ``A'' (Telephone). For cables manufactured to the 
specification of this section, all design changes to an accepted design 
must be submitted for acceptance. RUS will be the sole authority on what 
constitutes a design change.

[[Page 460]]

    (5) Materials, manufacturing techniques, or cable designs not 
specifically addressed by this section may be allowed if accepted by 
RUS. Justification for acceptance of modified materials, manufacturing 
techniques, or cable designs must be provided to substantiate product 
utility and long-term stability and endurance.
    (6) The American National Standard Institute/Insulated Cable 
Engineers Association, Inc. (ANSI/ICEA) S-84-608-1988 Standard For 
Telecommunications Cable, Filled, Polyolefin Insulated, Copper Conductor 
Technical Requirements referenced throughout this section is 
incorporated by reference by RUS. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of ANSI/ICEA S-84-608-1988 are 
available for inspection during normal business hours at RUS, room 2845, 
U.S. Department of Agriculture, Washington, DC 20250, or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Copies are available from ICEA, P. O. Box 440, South 
Yarmouth, MA 02664, telephone number (508) 394-4424.
    (7) American Society for Testing and Materials specifications (ASTM) 
A 505-87, Standard Specification for Steel, Sheet and Strip, Alloy, Hot-
Rolled and Cold-Rolled, General Requirements For; ASTM B 193-87, 
Standard Test Method for Resistivity of Electrical Conductor Materials; 
ASTM B 224-80, Standard Classification of Coppers; ASTM B 694-86, 
Standard Specification for Copper, Copper Alloy, and Copper-Clad 
Stainless Steel Sheet and Strip for Electrical Cable Shielding; ASTM D 
4565-90a, Standard Test Methods for Physical and Environmental 
Performance Properties of Insulations and Jackets for Telecommunications 
Wire and Cable; and ASTM D 4566-90, Standard Test Methods for Electrical 
Performance Properties of Insulations and Jackets for Telecommunications 
Wire and Cable referenced in this section are incorporated by reference 
by RUS. These incorporations by references were approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies of the ASTM standards are available for inspection 
during normal business hours at RUS, room 2845, U.S. Department of 
Agriculture, Washington, DC 20250, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Copies are available from ASTM, 1916 Race Street, 
Philadelphia, PA 19103-1187, telephone number (215) 299-5585.
    (b) Conductors and conductor insulation. (1) The gauge sizes of the 
copper conductors covered by this specification must be 19, 22, 24, and 
26 American Wire Gauge (AWG).
    (2) Each conductor must comply with the requirements specified in 
ANSI/ICEA S-84-608-1988, paragraph 2.1.
    (3) Factory joints made in conductors during the manufacturing 
process must comply with the requirements specified in ANSI/ICEA S-84-
608-1988, paragraph 2.2.
    (4) The raw materials used for conductor insulation must comply with 
the requirements specified in ANSI/ICEA S-84-608-1988, paragraphs 3.1 
through 3.1.3.
    (5) The finished conductor insulation must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraphs 3.2.1 and 
3.3.
    (6) Insulated conductors must not have an overall diameter greater 
than 2 millimeters (mm) (0.081 inch (in.)).
    (7) A permissible overall performance level of faults in conductor 
insulation must average not greater than one fault per 12,000 conductor 
meters (40,000 conductor feet) for each gauge of conductor.
    (i) All insulated conductors must be continuously tested for 
insulation faults during the twinning operation with a method of testing 
acceptable to RUS. The length count and number of faults must be 
recorded. The information must be retained for a period of 6 months and 
be available for review by RUS when requested.

[[Page 461]]

    (ii) The voltages for determining compliance with the requirements 
of this section are as follows:

------------------------------------------------------------------------
                                                 Direct Current Voltages
                      AWG                              (kilovolts)
------------------------------------------------------------------------
19                                                                   8.0
22                                                                   6.0
24                                                                   5.0
26                                                                   4.0
------------------------------------------------------------------------

    (8) Repairs to the conductor insulation during manufacture are 
permissible. The method of repair must be accepted by RUS prior to its 
use. The repaired insulation must be capable of meeting the relevant 
electrical requirements of this section.
    (9) All repaired sections of insulation must be retested in the same 
manner as originally tested for compliance with paragraph (b)(7) of this 
section.
    (10) The colored insulating material removed from or tested on the 
conductor, from a finished cable, must meet the performance requirements 
specified in ANSI/ICEA S-84-608-1988, paragraphs 3.4.1, 3.4.2, 3.4.4, 
3.4.5, and 3.4.6.
    (c) Identification of pairs and twisting of pairs. (1) The 
insulation must be colored to identify:
    (i) The tip and ring conductor of each pair; and
    (ii) Each pair in the completed cable.
    (2) The colors to be used in the pairs in the 25 pair group, 
together with the pair numbers must be in accordance with the table 
specified in ANSI/ICEA S-84-608-1988, paragraph 3.5.
    (3) Positive identification of the tip and ring conductors of each 
pair by marking each conductor of a pair with the color of its mate is 
permissible. The method of marking must be accepted by RUS prior to its 
use.
    (4) Other methods of providing positive identification of the tip 
and ring conductors of each pair may be employed if accepted by RUS 
prior to its use.
    (5) The insulated conductors must be twisted into pairs.
    (6) In order to provide sufficiently high crosstalk isolation, the 
pair twists must be designed to enable the cable to meet the capacitance 
unbalance and crosstalk loss requirements of paragraphs (k)(5), (k)(6), 
and (k)(8) of this section.
    (7) The average length of pair twists in any pair in the finished 
cable, when measured on any 3 meter (10 foot) length, must not exceed 
the requirement specified in ANSI/ICEA S-84-608-1988, paragraph 3.5.
    (d) Forming of the cable core. (1) Twisted pairs must be assembled 
in such a way as to form a substantially cylindrical group.
    (2) When desired for lay-up reasons, the basic group may be divided 
into two or more subgroups called units.
    (3) Each group, or unit in a particular group, must be enclosed in 
bindings of the colors indicated for its particular pair count. The pair 
count, indicated by the colors of insulation, must be consecutive as 
indicated in paragraph (d)(6) of this section through units in a group.
    (4) The filling compound must be applied to the cable core in such a 
way as to provide as near a completely filled core as is commercially 
practical.
    (5) Threads and tapes used as binders must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraphs 4.2 and 
4.2.1.
    (6) The colors of the bindings and their significance with respect 
to pair count must be as follows:

------------------------------------------------------------------------
Group
 No.                Color of Bindings                 Group Pair Count
------------------------------------------------------------------------
1      White-Blue.................................           1-25
2      White-Orange...............................          26-50
3      White-Green................................          51-75
4      White-Brown................................          76-100
5      White-Slate................................         101-125
6      Red-Blue...................................         126-150
7      Red-Orange.................................         151-175
8      Red-Green..................................         176-200
9      Red-Brown..................................         201-225
10     Red-Slate..................................         226-250
11     Black-Blue.................................         251-275
12     Black-Orange...............................         276-300
13     Black-Green................................         301-325
14     Black-Brown................................         326-350
15     Black-Slate................................         351-375
16     Yellow-Blue................................         376-400
17     Yellow-Orange..............................         401-425
18     Yellow-Green...............................         426-450
19     Yellow-Brown...............................         451-475
20     Yellow-Slate...............................         476-500
21     Violet-Blue................................         501-525
22     Violet-Orange..............................         526-550
23     Violet-Green...............................         551-575
24     Violet-Brown...............................         576-600
------------------------------------------------------------------------

    (7) The use of the white unit binder in cables of 100 pairs or less 
is optional.
    (8) When desired for manufacturing reasons, two or more 25 pair 
groups

[[Page 462]]

may be bound together with nonhygroscopic and nonwicking threads or 
tapes into a super-unit. Threads or tapes must meet the requirements 
specified in paragraph (d)(5) of this section. The group binders and the 
super-unit binders must be color coded such that the combination of the 
two binders must positively identify each 25 pair group from every other 
25 pair group in the cable. Super-unit binders must be of the color 
shown in the following table:

                        Super-Unit Binder Colors
------------------------------------------------------------------------
            Pair Numbers                         Binder Color
------------------------------------------------------------------------
1-600                                                  White
601-1200                                                 Red
1201-1800                                              Black
1801-2400                                             Yellow
2401-3000                                             Violet
------------------------------------------------------------------------

    (9) Color binders must not be missing for more than 90 meters (300 
feet) from any 25 pair group or from any subgroup used as part of a 
super-unit. At any cable cross-section, no adjacent 25 pair groups and 
no more than one subgroup of any super-unit may have missing binders. In 
no case must the total number of missing binders exceed three. Missing 
super-unit binders must not be permitted for any distance.
    (10) Any reel of cable which contains missing binders must be 
labeled indicating the colors and location of the binders involved. The 
labeling must be applied to the reel and also to the cable.
    (e) Screened cable. (1) Screened cable must be constructed such that 
a metallic, internal screen(s) must be provided to separate and provide 
sufficient isolation between the compartments to meet the requirements 
of this section.
    (2) At the option of the user or manufacturer, identified service 
pairs providing for voice order and fault location may be placed in 
screened cables.
    (i) The number of service pairs provided must be one per twenty-five 
operating pairs plus two for a cable size up to and including 400 pairs, 
subject to a minimum of four service pairs. The pair counts for screened 
cables are as follows:

                       Screened Cable Pair Counts
------------------------------------------------------------------------
   Carrier Pair Count          Service Pairs          Total Pair Count
------------------------------------------------------------------------
24                                    4                      28
50                                    4                      54
100                                   6                     106
150                                   8                     158
200                                  10                     210
300                                  14                     314
400                                  18                     418
------------------------------------------------------------------------

    (ii) The service pairs must be equally divided among the 
compartments. The color sequence must be repeated in each compartment.
    (iii) The electrical and physical characteristics of each service 
pair must meet all the requirements set forth in this section.
    (iv) The colors used for the service pairs must be in accordance 
with the requirements of paragraph (b)(5) of this section. The color 
code used for the service pairs together with the service pair number 
are shown in the following table:

                      Color Code For Service Pairs
------------------------------------------------------------------------
                                                   Color
        Service Pair No.         ---------------------------------------
                                          Tip                Ring
------------------------------------------------------------------------
1                                 White.............  Red
2                                  ''...............  Black
3                                  ''...............  Yellow
4                                  ''...............  Violet
5                                 Red...............  Black
6                                  ''...............  Yellow
7                                  ''...............  Violet
8                                 Black.............  Yellow
9                                  ''...............  Violet
------------------------------------------------------------------------

    (3) The screen tape must comply with the requirements specified in 
ANSI/ICEA S-84-608-1988, paragraphs 5.1 through 5.4.
    (4) The screen tape must be tested for dielectric strength by 
completely removing the protective coating from one end to be used for 
grounding purposes.
    (i) Using an electrode, over a 30 centimeter (1 foot) length, apply 
a direct current voltage at the rate of rise of 500 volts/second until 
failure.
    (ii) No breakdown should occur below 8 kilovolts.
    (f) Filling compound. (1) After or during the stranding operation 
and prior to application of the core wrap, filling compound must be 
applied to the cable core. The compound must be as nearly colorless as 
is commercially feasible

[[Page 463]]

and consistent with the end product requirements and pair 
identification.
    (2) The filling compound must comply with the requirements specified 
in ANSI/ICEA S-84-608-1988, paragraphs 4.4 through 4.4.4.
    (3) The individual cable manufacturer must satisfy RUS that the 
filling compound selected for use is suitable for its intended 
application. The filling compound must be applied to the cable in such a 
manner that the cable components will not be degraded.
    (g) Core wrap. (1) The core wrap must comply with the requirements 
specified in ANSI/ICEA-S-84-608-1988, paragraph 4.3.
    (2) If required for manufacturing reasons, white or colored binders 
of nonhygroscopic and nonwicking material may be applied over the core 
and/or wrap. When used, binders must meet the requirements specified in 
paragraph (d)(5) of this section.
    (3) Sufficient filling compound must be applied to the core wrap so 
that voids or air spaces existing between the core and the inner side of 
the core wrap are minimized.
    (h) Flooding compound. (1) Sufficient flooding compound must be 
applied on all sheath interfaces so that voids and air spaces in these 
areas are minimized. When the optional armored design is used, the 
flooding compound must be applied between the core wrap and shield, 
between the shield and armor, and between the armor and the jacket so 
that voids and air spaces in these areas are minimized. The use of 
floodant over the outer metallic substrate is not required if uniform 
bonding, per paragraph (i)(7) of this section, is achieved between the 
plastic-clad metal and the jacket.
    (2) The flooding compound must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 4.5 and the jacket slip 
test requirements of appendix A, paragraph (III)(5) of this section.
    (3) The individual cable manufacturer must satisfy RUS that the 
flooding compound selected for use is acceptable for the application.
    (i) Shield and optional armor. (1) A single corrugated shield must 
be applied longitudinally over the core wrap.
    (2) For unarmored cable the shield overlap must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 6.3.2. Core 
diameter is defined as the diameter under the core wrap and binding.
    (3) For cables containing the coated aluminum shield/coated steel 
armor (CACSP) sheath design, the coated aluminum shield must be applied 
in accordance with the requirements specified in ANSI/ICEA S-84-608-
1988, paragraph 6.3.2, Dual Tape Shielding System.
    (4) General requirements for application of the shielding material 
are as follows:
    (i) Successive lengths of shielding tapes may be joined during the 
manufacturing process by means of cold weld, electric weld, soldering 
with a nonacid flux, or other acceptable means.
    (ii) Shield splices must comply with the requirements specified in 
ANSI/ICEA S-84-608-1988, paragraph 6.3.3.
    (iii) The corrugations and the application process of the coated 
aluminum and copper bearing shields must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 6.3.1.
    (iv) The shielding material must be applied in such a manner as to 
enable the cable to pass the cold bend test specified in paragraph 
(l)(3) of this section.
    (5) The following is a list of acceptable materials for use as cable 
shielding. Other types of shielding materials may also be used provided 
they are accepted by RUS prior to their use.

------------------------------------------------------------------------
              Standard Cable                   Gopher Resistant Cable
------------------------------------------------------------------------
8-mil Coated Aluminum \1\                   10-mil Copper
5-mil Copper                                6-mil Copper-Clad
                                            Stainless Steel
                                            5 mil Copper-Clad
                                            Stainless Steel
                                            5 mil Copper-Clad Alloy
                                            Steel
                                            7-mil Alloy 194
                                            6-mil Alloy 194
                                            8-mil Coated Aluminum \1\
                                            and 6-mil Coated Steel \1\
------------------------------------------------------------------------
\1\ Dimensions of uncoated metal

    (i) The 8-mil aluminum tape must be plastic coated on both sides and 
must comply with the requirements of ANSI/ICEA S-84-608-1988, paragraph 
6.2.2.

[[Page 464]]

    (ii) The 5-mil copper tape must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 6.2.3.
    (iii) The 10-mil copper tape must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 6.2.4.
    (iv) The 6-mil copper clad stainless steel tape must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 6.2.5.
    (v) The 5-mil copper clad stainless steel tape must be in the fully 
annealed condition and must conform to the requirements of American 
Society for Testing and Materials (ASTM) B 694-86, with a cladding ratio 
of 16/68/16.
    (A) The electrical conductivity of the clad tape must be a minimum 
of 28 percent of the International Annealed Copper Standard (IACS) when 
measured per ASTM B 193-87.
    (B) The tape must be nominally 0.13 millimeter (0.005 inch) thick 
with a minimum thickness of 0.11 millimeter (0.0045 inch).
    (vi) The 5-mil copper clad alloy steel tape must be in the fully 
annealed condition and the copper component must conform to the 
requirements of ASTM B 224-80 and the alloy steel component must conform 
to the requirements of ASTM A 505-87, with a cladding ratio of 16/68/16.
    (A) The electrical conductivity of the copper clad alloy steel tape 
must comply with the requirement specified in paragraph (i)(5)(v)(A) of 
this section.
    (B) The thickness of the copper clad alloy steel tape must comply 
with the requirements specified in paragraph (i)(5)(v)(B) of this 
section.
    (vii) The 6-mil and 7-mil 194 copper alloy tapes must comply with 
the requirements specified in ANSI/ICEA S-84-608-1988, paragraph 6.2.6.
    (6) The corrugation extensibility of the coated aluminum shield must 
comply with the requirements specified in ANSI/ICEA S-84-608-1988, 
paragraph 6.4.
    (7) When the jacket is bonded to the plastic coated aluminum shield, 
the bond between the jacket and shield must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 7.2.6.
    (8) A single plastic-coated steel corrugated armor must be applied 
longitudinally directly over the coated aluminum shield listed in 
paragraph (i)(5) of this section with an overlap complying with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 6.3.2, 
Outer Steel Tape.
    (9) Successive lengths of steel armoring tapes may be joined during 
the manufacturing process by means of cold weld, electric weld, 
soldering with a nonacid flux, or other acceptable means. Armor splices 
must comply with the breaking strength and resistance requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 6.3.3.
    (10) The corrugations and the application process of the coated 
steel armor must comply with the requirements specified in ANSI/ICEA S-
84-608-1988, paragraph 6.3.1.
    (i) The corrugations of the armor tape must coincide with the 
corrugations of the coated aluminum shield.
    (ii) Overlapped portions of the armor tape must be in register 
(corrugations must coincide at overlap) and in contact at the outer 
edge.
    (11) The armoring material must be so applied to enable the cable to 
pass the cold bend test as specified in paragraph (l)(3) of this 
section.
    (12) The 6-mil steel tape must be electrolytic chrome-coated steel 
(ECCS) plastic coated on both sides and must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 6.2.8.
    (13) When the jacket is bonded to the plastic-coated steel armor, 
the bond between the jacket and armor must comply with the requirement 
specified in ANSI/ICEA-S-84-608-1988, paragraph 7.2.6.
    (j) Cable jacket. (1) The jacket must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 7.2.
    (2) The raw materials used for the cable jacket must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 7.2.1.
    (3) Jacketing material removed from or tested on the cable must meet 
the performance requirements specified in ANSI/ICEA S-84-608-1988, 
paragraphs 7.2.3 and 7.2.4.
    (4) The thickness of the jacket must comply with the requirements 
specified

[[Page 465]]

in ANSI/ICEA S-84-608-1988, paragraph 7.2.2.
    (k) Electrical requirements--(1) Conductor resistance. The direct 
current resistance of any conductor in a completed cable and the average 
resistance of all conductors in a Quality Control Lot must comply with 
the requirements specified in ANSI/ICEA S-84-608-1988, paragraph 8.1.
    (2) Resistance unbalance. (i) The direct current resistance 
unbalance between the two conductors of any pair in a completed cable 
and the average resistance unbalance of all pairs in a completed cable 
must comply with the requirements specified in ANSI/ICEA S-84-608-1988, 
paragraph 8.2.
    (ii) The resistance unbalance between tip and ring conductors shall 
be random with respect to the direction of unbalance. That is, the 
resistance of the tip conductors shall not be consistently higher with 
respect to the ring conductors and vice versa.
    (3) Mutual capacitance. The average mutual capacitance of all pairs 
in a completed cable and the individual mutual capacitance of any pair 
in a completed cable must comply with the requirements specified in 
ANSI/ICEA S-84-608-1988, paragraph 8.3.
    (4) Capacitance difference. (i) The capacitance difference for 
completed cables having 75 pairs or greater must comply with the 
requirement specified in ANSI/ICEA S-84-608-1988, paragraph 8.4.
    (ii) When measuring screened cable, the inner and outer pairs must 
be selected from both sides of the screen.
    (5) Pair-to-pair capacitance unbalance--(i) Pair-to-pair. The 
capacitance unbalance as measured on the completed cable must comply 
with the requirements specified in ANSI/ICEA S-84-608-1988, paragraph 
8.5.
    (ii) Screened cable. In cables with 25 pairs or less and within each 
group of multigroup cables, the pair-to-pair capacitance unbalance 
between any two pairs in an individual compartment must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 8.5. The 
pair-to-pair capacitance unbalances to be considered must be:
    (A) Between pairs adjacent in a layer in an individual compartment;
    (B) Between pairs in centers of 4 pairs or less in an individual 
compartment; and
    (C) Between pairs in adjacent layers in an individual compartment 
when the number of pairs in the inner (smaller) layer is 6 or less. The 
center is counted as a layer.
    (iii) In cables with 25 pairs or less, the root-mean-square (rms) 
value must include all the pair-to-pair unbalances measured for each 
compartment separately.
    (iv) In cables containing more than 25 pairs, the rms value must 
include the pair-to-pair unbalances in the separate compartments.
    (6) Pair-to-ground capacitance unbalance--(i) Pair-to-ground. The 
capacitance unbalance as measured on the completed cable must comply 
with the requirements specified in ANSI/ICEA S-84-608-1988, paragraph 
8.6.
    (ii) When measuring pair-to-ground capacitance unbalance all pairs 
except the pair under test are grounded to the shield and/or shield/
armor except when measuring cables containing super units in which case 
all other pairs in the same super unit must be grounded to the shield.
    (iii) The screen tape must be left floating during the test.
    (iv) Pair-to-ground capacitance unbalance may vary directly with the 
length of the cable.
    (7) Attenuation. (i) For nonscreened and screened cables, the 
average attenuation of all pairs on any reel when measured at 150 and 
772 kilohertz must comply with the requirements specified in ANSI/ICEA 
S-84-608-1988, paragraph 8.7, Solid Column.
    (ii) For T1C type cables over 12 pairs, the maximum average 
attenuation of all pairs on any reel must not exceed the values listed 
below when measured at a frequency of 1576 kilohertz at or corrected to 
a temperature of 20 1 [deg]C. The test must be 
conducted in accordance with ASTM D 4566-90.

------------------------------------------------------------------------
                                                         Maximum Average
                                                           Attenuation
                                                             decibel/
                          AWG                             kilometer (dB/
                                                          km) (decibel/
                                                              mile)
------------------------------------------------------------------------
19.....................................................    13.4 (21.5)
22.....................................................    18.3 (29.4)
24.....................................................    23.1 (37.2)
------------------------------------------------------------------------


[[Page 466]]

    (8) Crosstalk loss. (i) The equal level far-end power sum crosstalk 
loss (FEXT) as measured on the completed cable must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 8.8, FEXT 
Table.
    (ii) The near-end power sum crosstalk loss (NEXT) as measured on 
completed cable must comply with the requirements specified in ANSI/ICEA 
S-84-608-1988, paragraph 8.8, NEXT Table.
    (iii) Screened cable. (A) For screened cables the NEXT as measured 
on the completed cable must comply with the requirements specified in 
ANSI/ICEA S-84-608-1988, paragraphs 8.9 and 8.9.1.
    (B) For T1C screened cable the NEXT as measured on the completed 
cable must comply with the requirements specified in ANSI/ICEA S-84-608-
1988, paragraphs 8.9 and 8.9.2.
    (9) Insulation resistance. The insulation resistance of each 
insulated conductor in a completed cable must comply with the 
requirement specified in ANSI/ICEA S-84-608-1988, paragraph 8.11.
    (10) High voltage test. (i) In each length of completed cable, the 
insulation between conductors must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 8.12, Solid Column.
    (ii) In each length of completed cable, the dielectric between the 
shield and/or armor and conductors in the core must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 8.13, 
Single Jacketed, Solid Column. In screened cable the screen tape must be 
left floating.
    (iii) Screened cable. (A) In each length of completed screened 
cable, the dielectric between the screen tape and the conductors in the 
core must comply with the requirement specified in ANSI/ICEA S-84-608-
1988, paragraph 8.14.
    (B) In this test, the cable shield and/or armor must be left 
floating.
    (11) Electrical variations. (i) Pairs in each length of cable having 
either a ground, cross, short, or open circuit condition will not be 
permitted.
    (ii) The maximum number of pairs in a cable which may vary as 
specified in paragraph (k)(11)(iii) of this section from the electrical 
parameters given in this section are listed below. These pairs may be 
excluded from the arithmetic calculation.

------------------------------------------------------------------------
                                                               Maximum
                                                              Number of
                                                              Pairs With
                     Nominal Pair Count                       Allowable
                                                              Electrical
                                                              Variation
------------------------------------------------------------------------
6-100......................................................            1
101-300....................................................            2
301-400....................................................            3
401-600....................................................            4
601 and above..............................................            6
------------------------------------------------------------------------

    (iii) Parameter variations. (A) Capacitance unbalance-to-ground. If 
the cable fails either the maximum individual pair or average 
capacitance unbalance-to-ground requirement and all individual pairs are 
3937 picofarad/kilometer (1200 picofarad/1000 feet) or less, the number 
of pairs specified in paragraph (k)(11)(ii) of this section may be 
eliminated from the average and maximum individual calculations.
    (B) Resistance unbalance. Individual pair of 7 percent for all 
gauges.
    (C) Conductor resistance, maximum. The following table shows maximum 
conductor resistance:

------------------------------------------------------------------------
                                                                 (ohms/
                        AWG                            ohms/      1000
                                                     kilometer    feet)
------------------------------------------------------------------------
19                                                      29.9      (9.1)
22                                                      60.0     (18.3)
24                                                      94.5     (28.8)
26                                                     151.6     (46.2)
------------------------------------------------------------------------
Note: RUS recognizes that in large pair count cable (600 pair and above)
  a cross, short or open circuit condition occasionally may develop in a
  pair which does not affect the performance of the other cable pairs.
  In these circumstances rejection of the entire cable may be
  economically unsound or repairs may be impractical. In such
  circumstances the manufacturer may desire to negotiate with the
  customer for acceptance of the cable. No more than 0.5 percent of the
  pairs may be involved.

    (l) Mechanical requirements--(1) Compound flow test. All cables 
manufactured in accordance with the requirements of this section must be 
capable of meeting the compound flow test specified in ANSI/ICEA S-84-
608-1988, paragraph 9.1 using a test temperature of 80 1 [deg]C.
    (2) Water penetration. All cables manufactured in accordance with 
the requirements of this section must be capable of meeting the water 
penetration test specified in ANSI/ICEA S-84-608-1988, paragraph 9.2.
    (3) Cable cold bend test. All cables manufactured in accordance with 
the

[[Page 467]]

requirements of this section must be capable of meeting the cable cold 
bend test specified in ANSI/ICEA S-84-608-1988, paragraph 9.3.
    (4) Cable impact test. All cables manufactured in accordance with 
the requirements of this section must be capable of meeting the cable 
impact test specified in ANSI/ICEA S-84-608-1988, paragraph 9.4.
    (5) Jacket notch test (CACSP sheath only). All cables utilizing the 
coated aluminum/coated steel sheath (CACSP) design manufactured in 
accordance with the requirements of this section must be capable of 
meeting the jacket notch test specified in ANSI/ICEA S-84-608-1988, 
paragraph 9.5.
    (6) Cable torsion test (CACSP sheath only). All cables utilizing the 
coated aluminum/coated steel sheath (CACSP) design manufactured in 
accordance with the requirements of this section must be capable of 
meeting the cable torsion test specified in ANSI/ICEA S-84-608-1988, 
paragraph 9.6.
    (m) Sheath slitting cord (optional). (1) Sheath slitting cords may 
be used in the cable structure at the option of the manufacturer unless 
specified by the end user.
    (2) When a sheath slitting cord is used it must be nonhygroscopic 
and nonwicking, continuous throughout a length of cable and of 
sufficient strength to open the sheath without breaking the cord.
    (n) Identification marker and length marker. (1) Each length of 
cable must be identified in accordance with ANSI/ICEA S-84-608-1988, 
paragraphs 10.1 through 10.1.4. The color of the ink used for the 
initial outer jacket marking must be either white or silver.
    (2) The markings must be printed on the jacket at regular intervals 
of not more than 0.6 meter (2 feet).
    (3) The completed cable must have sequentially numbered length 
markers in accordance with ANSI/ICEA S-84-608-1988, paragraph 10.1.5. 
The color of the ink used for the initial outer jacket marking must be 
either white or silver.
    (o) Preconnectorized cable (optional). (1) At the option of the 
manufacturer and upon request by the purchaser, cables 100 pairs and 
larger may be factory terminated in 25 pair splicing modules.
    (2) The splicing modules must meet the requirements of RUS Bulletin 
345-54, PE-52, RUS Specification for Telephone Cable Splicing Connectors 
(Incorporated by reference at Sec.  1755.97), and be accepted by RUS 
prior to their use.
    (p) Acceptance testing and extent of testing. (1) The tests 
described in appendix A of this section are intended for acceptance of 
cable designs and major modifications of accepted designs. What 
constitutes a major modification is at the discretion of RUS. These 
tests are intended to show the inherent capability of the manufacturer 
to produce cable products having long life and stability.
    (2) For initial acceptance, the manufacturer must submit:
    (i) An original signature certification that the product fully 
complies with each section of the specification;
    (ii) Qualification Test Data, per appendix A of this section;
    (iii) To periodic plant inspections;
    (iv) A certification that the product does or does not comply with 
the domestic origin manufacturing provisions of the ``Buy American'' 
requirements of the Rural Electrification Act of 1938 (7 U.S.C. 901 et 
seq.);
    (v) Written user testimonials concerning field performance of the 
product; and
    (vi) Other nonproprietary data deemed necessary by the Chief, 
Outside Plant Branch (Telephone).
    (3) For requalification acceptance, the manufacturer must submit an 
original signature certification that the product fully complies with 
each section of the specification, excluding the Qualification Section, 
and a certification that the product does or does not comply with the 
domestic origin manufacturing provisions of the ``Buy American'' 
requirements of the Rural Electrification Act of 1938 (7 U.S.C. 901 et 
seq.), for acceptance by August 30 of each year. The required data must 
have been gathered within 90 days of the submission. If the initial 
acceptance of a product to this specification was within 180 days of 
August 30, then requalification for that product will not be required 
for that year.
    (4) Initial and requalification acceptance requests should be 
addressed to:


[[Page 468]]


Chairman, Technical Standards Committee ``A'' (Telephone), 
Telecommunications Standards Division, Rural Utilities Service, 
Washington, DC 20250-1500.

    (5) Tests on 100 percent of completed cable. (i) The shield and/or 
armor of each length of cable must be tested for continuity in 
accordance with ANSI/ICEA S-84-608-1988, paragraph 8.16.
    (ii) The screen tape of each length of screened cable must be tested 
for continuity in accordance with ANSI/ICEA S-84-608-1988, paragraph 
8.16.
    (iii) Dielectric strength between conductors and shield and/or armor 
must be tested to determine freedom from grounds in accordance with 
paragraph (k)(10)(ii) of this section.
    (iv) Dielectric strength between conductors and screen tape must be 
tested to determine freedom from grounds in accordance with paragraph 
(k)(10)(iii) of this section.
    (v) Each conductor in the completed cable must be tested for 
continuity in accordance with ANSI/ICEA S-84-608-1988, paragraph 8.16.
    (vi) Dielectric strength between conductors must be tested to insure 
freedom from shorts and crosses in each length of completed cable in 
accordance with paragraph (k)(10)(i) of this section.
    (vii) Each conductor in the completed preconnectorized cable must be 
tested for continuity.
    (viii) Each length of completed preconnectorized cable must be 
tested for split pairs.
    (ix) The average mutual capacitance must be measured on all cables. 
If the average mutual capacitance for the first 100 pairs tested from 
randomly selected groups is between 50 and 53 nanofarad/kilometer (nF/
km) (80 and 85 nanofarad/mile), the remainder of the pairs need not be 
tested on the 100 percent basis (See paragraph (k)(3) of this section).
    (6) Capability tests. Tests on a quality assurance basis must be 
made as frequently as is required for each manufacturer to determine and 
maintain compliance with:
    (i) Performance requirements for conductor insulation, jacketing 
material, and filling and flooding compounds;
    (ii) Bonding properties of coated or laminated shielding and 
armoring materials and performance requirements for screen tape;
    (iii) Sequential marking and lettering;
    (iv) Capacitance difference, capacitance unbalance, crosstalk, and 
attenuation;
    (v) Insulation resistance, conductor resistance and resistance 
unbalance;
    (vi) Cable cold bend and cable impact tests;
    (vii) Water penetration and compound flow tests; and
    (viii) Jacket notch and cable torsion tests.
    (q) Summary of records of electrical and physical tests. (1) Each 
manufacturer must maintain suitable summary records for a period of at 
least 3 years of all electrical and physical tests required on completed 
cable by this section as set forth in paragraphs (p)(5) and (p)(6) of 
this section. The test data for a particular reel must be in a form that 
it may be readily available to the purchaser or to RUS upon request.
    (2) Measurements and computed values must be rounded off to the 
number of places or figures specified for the requirement according to 
ANSI/ICEA S-84-608-1988, paragraph 1.3.
    (r) Manufacturing irregularities. (1) Repairs to the shield and/or 
armor are not permitted in cable supplied to end users under this 
section.
    (2) Minor defects in jackets (defects having a dimension of 3 
millimeters (0.125 inch) or less in any direction) may be repaired by 
means of heat fusing in accordance with good commercial practices 
utilizing sheath grade compounds.
    (s) Preparation for shipment. (1) The cable must be shipped on 
reels. The diameter of the drum must be large enough to prevent damage 
to the cable from reeling or unreeling. The reels must be substantial 
and so constructed as to prevent damage to the cable during shipment and 
handling.
    (2) The thermal wrap must comply with the requirements of ANSI/ICEA 
S-84-608-1988, paragraph 10.3. When a thermal reel wrap is supplied, the 
wrap must be applied to the reel and must be suitably secured in place 
to minimize thermal exposure to the cable during

[[Page 469]]

storage and shipment. The use of the thermal reel wrap as a means of 
reel protection will be at the option of the manufacturer unless 
specified by the end user.
    (3) The outer end of the cable must be securely fastened to the reel 
head so as to prevent the cable from becoming loose in transit. The 
inner end of the cable must be securely fastened in such a way as to 
make it readily available if required for electrical testing. Spikes, 
staples, or other fastening devices which penetrate the cable jacket 
must not be used. The method of fastening the cable ends must be 
accepted by RUS prior to its use.
    (4) Each length of cable must be wound on a separate reel unless 
otherwise specified or agreed to by the purchaser.
    (5) The arbor hole must admit a spindle 63 millimeters (2.5 inches) 
in diameter without binding. Steel arbor hole liners may be used but 
must be accepted by RUS prior to their use.
    (6) Each reel must be plainly marked to indicate the direction in 
which it should be rolled to prevent loosening of the cable on the reel.
    (7) Each reel must be stenciled or labeled on either one or both 
sides with the information specified in ANSI/ICEA S-84-608-1988, 
paragraph 10.4 and the RUS cable designation:

Cable Designation

BFC
Cable Construction
Pair Count
Conductor Gauge

A = Coated Aluminum Shield
C = Copper Shield
Y = Gopher Resistant Shield
X = Armored, Separate Shield
H = T1 Screened Cable
H1C = T1C Screened Cable
P = Preconnectorized
 Example: BFCXH100-22

Buried Filled Cable, Armored (w/separate shield), T1 Screened Cable, 100 
pair, 22 AWG.

    (8) When cable manufactured to the requirements of this section is 
shipped, both ends must be equipped with end caps acceptable to RUS.
    (9) When preconnectorized cables are shipped, the splicing modules 
must be protected to prevent damage during shipment and handling. The 
protection method must be acceptable to RUS and accepted prior to its 
use.
    (10) All cables ordered for use in underground duct applications 
must be equipped with a factory-installed pulling-eye on the outer end 
in accordance with ANSI/ICEA S-84-608-1988, paragraph 10.5.2.

(The information and recordkeeping requirements of this section have 
been approved by the Office of Management and Budget under the control 
number 0572-0059)

        Appendix A to Sec.  1755.390--Qualification Test Methods

    (I) The test procedures described in this appendix are for 
qualification of initial designs and major modification of accepted 
designs. Included in (V) of this appendix are suggested formats that may 
be used in submitting the test results to RUS.
    (II) Sample selection and preparation. (1) All testing must be 
performed on lengths removed sequentially from the same 25 pair, 22 
gauge jacketed cable. This cable must not have been exposed to 
temperatures in excess of 38 [deg]C since its initial cool down after 
sheathing. The lengths specified are minimum lengths and if desirable 
from a laboratory testing standpoint longer lengths may be used.
    (a) Length A shall be 10 0.2 meters (33 0.5 feet) long and must be maintained at 23 3 [deg]C. One length is required.
    (b) Length B shall be 12 0.2 meters (40 0.5 feet) long. Prepare the test sample by removing the 
jacket, shield or shield/armor and core wrap for a sufficient distance 
on both ends to allow the insulated conductors to be flared out. Remove 
sufficient conductor insulation so that appropriate electrical test 
connections can be made at both ends. Coil the sample with a diameter of 
15 to 20 times its sheath diameter. Three lengths are required.
    (c) Length C shall be one meter (3 feet) long. Four lengths are 
required.
    (d) Length D shall be 300 millimeters (1 foot) long. Four lengths 
are required.
    (e) Length E must be 600 millimeters (2 feet) long. Four lengths are 
required.
    (f) Length F shall be 3 meters (10 feet) long and must be maintained 
at 23 3 [deg]C for the duration of the test. Two 
lengths are required.
    (2) Data reference temperature. Unless otherwise specified, all 
measurements must be made at 23 3 [deg]C.
    (III) Environmental tests--(1) Heat aging test--(a) Test samples. 
Place one sample each of lengths B, C, D and E in an oven or 
environmental chamber. The ends of Sample B must exit from the chamber 
or oven for electrical tests. Securely seal the oven exit holes.

[[Page 470]]

    (b) Sequence of tests. The samples are to be subjected to the 
following tests after conditioning:
    (i) Water Immersion Test outlined in (III)(2) of this appendix;
    (ii) Water Penetration Test outlined in (III)(3) of this appendix;
    (iii) Insulation Compression Test outlined in (III)(4) of this 
appendix; and
    (iv) Jacket Slip Strength Test outlined in (III)(5) of this 
appendix.
    (c) Initial measurements. (i) For Sample B measure the open circuit 
capacitance for each odd numbered pair at 1, 150, and 772 kilohertz, and 
the attenuation at 150 and 772 kilohertz after conditioning the sample 
at the data reference temperature for 24 hours. Calculate the average 
and standard deviation for the data of the 13 pairs on a per kilometer 
or (on a per mile) basis.
    (ii) The attenuation at 150 and 772 kilohertz may be calculated from 
open circuit admittance (Yoc) and short circuit impedance (Zsc) or may 
be obtained by direct measurement of attenuation.
    (iii) Record on suggested formats in (V) of this appendix or on 
other easily readable formats.
    (d) Heat conditioning. (i) Immediately after completing the initial 
measurements, condition the sample for 14 days at a temperature of 65 
2 [deg]C.
    (ii) At the end of this period note any exudation of cable filler. 
Measure and calculate the parameters given in (III)(1)(c) of this 
appendix. Record on suggested formats in (V) of this appendix or on 
other easily readable formats.
    (iii) Cut away and discard a one meter (3 foot) section from each 
end of length B.
    (e) Overall electrical deviation. (i) Calculate the percent change 
in all average parameters between the final parameters after 
conditioning and the initial parameters in (III)(1)(c) of this appendix.
    (ii) The stability of the electrical parameters after completion of 
this test must be within the following prescribed limits:
    (A) Capacitance. The average mutual capacitance must be within 5 
percent of its original value;
    (B) The change in average mutual capacitance must be less than 5 
percent over frequency 1 to 150 kilohertz; and
    (C) Attenuation. The 150 and 772 kilohertz attenuation must not have 
increased by more than 5 percent over their original values.
    (2) Water immersion electrical test--(a) Test sample selection. The 
10 meter (33 foot) section of length B must be tested.
    (b) Test sample preparation. Prepare the sample by removing the 
jacket, shield or shield/armor, and core wrap for sufficient distance to 
allow one end to be accessed for test connections. Cut out a series of 6 
millimeter (0.25 inch) diameter holes along the test sample, at 30 
centimeters (1 foot) intervals progressing successively 90 degrees 
around the circumference of the cable. Assure that the cable core is 
exposed at each hole by slitting the core wrapper. Place the prepared 
sample in a dry vessel which when filled will maintain a one meter (3 
foot) head of water over 6 meters (20 feet) of uncoiled cable. Extend 
and fasten the ends of the cable so they will be above the water line 
and the pairs are rigidly held for the duration of the test.
    (c) Capacitance testing. Measure the initial values of mutual 
capacitance of all odd pairs in each cable at a frequency of 1 kilohertz 
before filling the vessel with water. Be sure the cable shield or 
shield/armor is grounded to the test equipment. Fill the vessels until 
there is a one meter (3 foot) head of water on the cables.
    (i) Remeasure the mutual capacitance after the cables have been 
submerged for 24 hours and again after 30 days.
    (ii) Record each sample separately on suggested formats in (V) of 
this appendix or on other easily readable formats.
    (d) Overall electrical deviation. (i) Calculate the percent change 
in all average parameters between the final parameters after 
conditioning with the initial parameters in (III)(2)(c) of this 
appendix.
    (ii) The average mutual capacitance must be within 5 percent of its 
original value.
    (3) Water penetration testing. (a) A watertight closure must be 
placed over the jacket of length C. The closure must not be placed over 
the jacket so tightly that the flow of water through pre-existing voids 
of air spaces is restricted. The other end of the sample must remain 
open.
    (b) Test per Option A or Option B--(i) Option A. Weigh the sample 
and closure prior to testing. Fill the closure with water and place 
under a continuous pressure of 10 0.7 kilopascals 
(1.5 0.1 pounds per square inch gauge) for one 
hour. Collect the water leakage from the end of the test sample during 
the test and weigh to the nearest 0.1 gram. Immediately after the one 
hour test, seal the ends of the cable with a thin layer of grease and 
remove all visible water from the closure, being careful not to remove 
water that penetrated into the core during the test. Reweigh the sample 
and determine the weight of water that penetrated into the core. The 
weight of water that penetrated into the core must not exceed 8 grams.
    (ii) Option B. Fill the closure with a 0.2 gram sodium fluorscein 
per liter water solution and apply a continuous pressure 10 0.7 kilopascals (1.5 0.1 pounds 
per square inch gauge) for one hour. Catch and weigh any water that 
leaks from the end of the cable during the one hour period. If no water 
leaks from the sample, carefully remove the water from the closure. Then 
carefully remove the jacket, shield or shield/armor and core wrap

[[Page 471]]

one at a time, examining with an ultraviolet light source for water 
penetration. After removal of the core wrap, carefully dissect the core 
and examine for water penetration within the core. Where water 
penetration is observed, measure the penetration distance. The distance 
of water penetration into the core must not exceed 127 millimeters (5.0 
inches).
    (4) Insulation compression test--(a) Test Sample D. Remove jacket, 
shield or shield/armor, and core wrap being careful not to damage the 
conductor insulation. Remove one pair from the core and carefully 
separate, wipe off core filler, and straighten the insulated conductors. 
Retwist the two insulated conductors together under sufficient tension 
to form 10 evenly spaced 360 degree twists in a length of 10 centimeters 
(4 inches).
    (b) Sample testing. Center the mid 50 millimeters (2 inches) of the 
twisted pair between 2 smooth rigid parallel metal plates that are 50 
millimeters x 50 millimeters (2 inches x 2 inches). Apply a 1.5 volt 
direct current potential between the conductors, using a light or buzzer 
to indicate electrical contact between the conductors. Apply a constant 
load of 67 newtons (l5 pound-force) on the sample for one minute and 
monitor for evidence of contact between the conductors. Record results 
on suggested formats in (V) of this appendix or on other easily readable 
formats.
    (5) Jacket slip strength test--(a) Sample selection. Test Sample E 
from (III)(1)(a) of this appendix.
    (b) Sample preparation. Prepare test sample in accordance with the 
procedures specified in ASTM D 4565-90a.
    (c) Sample conditioning and testing. Remove the sample from the 
tensile tester prior to testing and condition for one hour at 50 2 [deg]C. Test immediately in accordance with the 
procedures specified in ASTM D 4565-90a. A minimum jacket slip strength 
of 67 newtons (15 pound-force) is required. Record the highest load 
attained.
    (6) Humidity exposure. (a) Repeat steps (III)(1)(a) through 
(III)(1)(c)(iii) of this appendix for separate set of samples B, C, D, 
and E which have not been subjected to prior environmental conditioning.
    (b) Immediately after completing the measurements, expose the test 
sample to 100 temperature cyclings. Relative humidity within the chamber 
must be maintained at 90 2 percent. One cycle 
consists of beginning at a stabilized chamber and test sample 
temperature of 52 1 [deg]C, increasing the 
temperature to 57 1 [deg]C, allowing the chamber 
and test samples to stabilize at this level, then dropping the 
temperature back to 52 1 [deg]C.
    (c) Repeat steps (III)(1)(d)(ii) through (III)(5)(c) of this 
appendix.
    (7) Temperature cycling. (a) Repeat steps (III)(1)(a) through 
(III)(1)(c)(iii) of this appendix for separate set of samples B, C, D, 
and E which have not been subjected to prior environmental conditioning.
    (b) Immediately after completing the measurements, subject the test 
sample to the 10 cycles of temperature between a minimum of -40 [deg]C 
and + 60 [deg]C. The test sample must be held at each temperature 
extreme for a minimum of 1\1/2\ hours during each cycle of temperature. 
The air within the temperature cycling chamber must be circulated 
throughout the duration of the cycling.
    (c) Repeat steps (III)(1)(d)(ii) through (III)(5)(c) of this 
appendix.
    (IV) Control sample--(1) Test samples. A separate set of lengths A, 
C, D, E, and F must have been maintained at 23 3 
[deg]C for at least 48 hours before the testing.
    (2) Repeat steps (III)(2) through (III)(5)(c) of this appendix 
except use length A instead of length B.
    (3) Surge Test. (a) One length of sample F must be used to measure 
the breakdown between conductors while the other length of F must be 
used to measure the core to shield breakdown.
    (b) The samples must be capable of withstanding without damage, a 
single surge voltage of 20 kilovolts peak between conductors, and a 35 
kilovolts peak surge voltage between conductors and the shield or 
shield/armor as hereinafter described. The surge voltage must be 
developed from a capacitor discharged through a forming resistor 
connected in parallel with the dielectric of the test sample. The surge 
generator constants must be such as to produce a surge of 1.5 x 40 
microsecond wave shape.
    (c) The shape of the generated wave must be determined at a reduced 
voltage by connecting an oscilloscope across the forming resistor with 
the cable sample connected in parallel with the forming resistor. The 
capacitor bank is charged to the test voltage and then discharged 
through the forming resistor and test sample. The test sample will be 
considered to have passed the test if there is no distinct change in the 
wave shape obtained with the initial reduced voltage compared to that 
obtained after the application of the test voltage.
    (V) The following suggested formats may be used in submitting the 
test results to RUS:

[[Page 472]]



                Environmental Conditioning______________
                          Frequency 1 kilohertz
------------------------------------------------------------------------
                                                  Capacitance
                                      ----------------------------------
             Pair Number                     nF/km (nanofarad/mile)
                                      ----------------------------------
                                            Initial           Final
------------------------------------------------------------------------
1                                      ____________      ____________
3                                      ____________      ____________
5                                      ____________      ____________
7                                      ____________      ____________
9                                      ____________      ____________
11                                     ____________      ____________
13                                     ____________      ____________
15                                     ____________      ____________
17                                     ____________      ____________
19                                     ____________      ____________
21                                     ____________      ____________
23                                     ____________      ____________
25                                     ____________      ____________
Average x                              ____________      ____________
------------------------------------------------------------------------
Overall Percent Difference in Average x ______________


                Environmental Conditioning______________
                         Frequency 150 kilohertz
------------------------------------------------------------------------
                                    Capacitance          Attenuation
                               -----------------------------------------
                                 nF/km (nanofarad/     dB/km (decibel/
          Pair Number                  mile)                mile)
                               -----------------------------------------
                                 Initial     Final    Initial     Final
------------------------------------------------------------------------
1                               ______     ______    ______     ______
3                               ______     ______    ______     ______
5                               ______     ______    ______     ______
7                               ______     ______    ______     ______
9                               ______     ______    ______     ______
11                              ______     ______    ______     ______
13                              ______     ______    ______     ______
15                              ______     ______    ______     ______
17                              ______     ______    ______     ______
19                              ______     ______    ______     ______
21                              ______     ______    ______     ______
23                              ______     ______    ______     ______
25                              ______     ______    ______     ______
Average x                       ______     ______    ______     ______
------------------------------------------------------------------------
Overall Percent Difference in Average x Capacitance:____________
  Conductance:____________


                Environmental Conditioning______________
                         Frequency 772 kilohertz
------------------------------------------------------------------------
                                    Capacitance          Attenuation
                               -----------------------------------------
                                 nF/km (nanofarad/     dB/km (decibel/
          Pair Number                  mile)                mile)
                               -----------------------------------------
                                 Initial     Final    Initial     Final
------------------------------------------------------------------------
1                               ______     ______    ______     ______
3                               ______     ______    ______     ______
5                               ______     ______    ______     ______
7                               ______     ______    ______     ______
9                               ______     ______    ______     ______
11                              ______     ______    ______     ______
13                              ______     ______    ______     ______
15                              ______     ______    ______     ______
17                              ______     ______    ______     ______
19                              ______     ______    ______     ______
21                              ______     ______    ______     ______
23                              ______     ______    ______     ______
25                              ______     ______    ______     ______
Average x                       ______     ______    ______     ______
------------------------------------------------------------------------
Overall Percent Difference in Average x Capacitance:____________
  Conductance:____________


                Environmental Conditioning______________
                   Water Immersion Test (1 kilohertz)
------------------------------------------------------------------------
                                                Capacitance
                                  --------------------------------------
           Pair Number                     nF/km (nanofarad/mile)
                                  --------------------------------------
                                      Initial      24 Hours      Final
------------------------------------------------------------------------
1                                  ______        ______       ______
3                                  ______        ______       ______
5                                  ______        ______       ______
7                                  ______        ______       ______
9                                  ______        ______       ______
11                                 ______        ______       ______
13                                 ______        ______       ______
15                                 ______        ______       ______
17                                 ______        ______       ______
19                                 ______        ______       ______
21                                 ______        ______       ______
23                                 ______        ______       ______
25                                 ______        ______       ______
Average x                          ______        ______       ______
------------------------------------------------------------------------
Overall Percent Difference in Average x ______________


                                                                 Water Penetration Test
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Option A                                                  Option B
                                     -------------------------------------------------------------------------------------------------------------------
                                           End Leakage grams            Weight Gain grams            End Leakage grams           Penetration mm (in.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Control.............................
                                     -------------------------------------------------------------------------------------------------------------------
Heat Age............................
                                     -------------------------------------------------------------------------------------------------------------------
Humidity Exposure...................
                                     -------------------------------------------------------------------------------------------------------------------
Temperature Cycling.................
                                     -------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------


                         Insulation Compression
------------------------------------------------------------------------
                                                      Failures
------------------------------------------------------------------------
Control...................................  ________________
Heat Age..................................  ________________
Humidity Exposure.........................  ________________
Temperature Cycling.......................  ________________
------------------------------------------------------------------------


                    Jacket Slip Strength @ 50 [deg]C
------------------------------------------------------------------------
                                               Load in newtons (pound-
                                                       force)
------------------------------------------------------------------------
Control...................................  ________________
Heat Age..................................  ________________
Humidity Exposure.........................  ________________

[[Page 473]]

 
Temperature Cycling.......................  ________________
------------------------------------------------------------------------


                        Filler Exudation (grams)
Heat Age..................................  ________________
Humidity Exposure.........................  ________________
Temperature Cycle.........................  ________________
------------------------------------------------------------------------


                         Surge Test (kilovolts)
Conductor to Conductor....................  ________________
Shield to Conductors......................  ________________
------------------------------------------------------------------------


[58 FR 29338, May 20, 1993; 58 FR 32749, June 11, 1993, as amended at 60 
FR 1711, Jan. 5, 1995; 69 FR 18803, Apr. 9, 2004]



Sec. Sec.  1755.391-1755.396  [Reserved]



Sec.  1755.397  RUS performance specification for line concentrators.

    (a) General. (1) This section covers general requirements for a line 
concentrator (LC) system. This system shall operate in accordance with 
the manufacturer's specifications. Reliability shall be of prime 
importance in the design, manufacture and installation of the equipment. 
The equipment shall automatically provide for:
    (i) Terminating subscriber lines at a location remote from the 
serving central office;
    (ii) Concentrating the subscriber lines over a few transmission and 
supervisory paths to the serving central office; and
    (iii) Terminating the lines at the central office without loss of 
individual identity. A subscriber connected to a line concentrator shall 
be capable of having essentially the same services as a subscriber 
connected directly to the central office equipment (COE). Intra-unit 
calling among subscribers connected to the concentrator may be provided, 
but is not required.
    (2) Industry standards, or portions thereof, referred to in this 
paragraph (a) are incorporated by reference by RUS. This incorporation 
by reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552 (a) and 1 CFR part 51. Copies of these 
standards are available for inspection during normal business hours at 
RUS, room 2838, U.S. Department of Agriculture, Washington, DC 20250, or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (3) American National Standards Institute (ANSI) standards are 
available from ANSI Inc., 11 West 42nd Street, 13th floor, New York, NY 
10036, telephone 212-642-4900.
    (i) ANSI Standard S1.4-1983, Specification for Sound Level Meters, 
including Amendment S1.4A-1985.
    (ii) [Reserved]
    (4) American Society for Testing Materials (ASTM) are available from 
1916 Race Street, Philadelphia, PA 19103, telephone 215-299-5400.
    (i) ASTM Specification B33-91, Standard Specifications for Tinned 
Soft or Annealed Copper Wire for Electrical Purposes.
    (ii) [Reserved]
    (5) Bell Communications Research (Bellcore) standards are available 
from Bellcore Customer Service, 8 Corporate Place, Piscataway, NJ 08854, 
telephone 1-800-521-2673.
    (i) TR-TSY-000008, Issue 2, August 1987, Digital Interface between 
the SLC 96 Digital Loop Carrier System and a Local Digital Switch.
    (ii) Bell Communications Research (Bellcore) document TR-TSY-000057, 
Issue 1, April 1987, including Revision 1, November 1988, Functional 
Criteria for Digital Loop Carrier Systems.
    (iii) Bell Communications Research (Bellcore) Document TR-NWT-
000303, Issue 2, December 1992, including Revision 1, December 1993, 
Integrated Digital Loop Carrier System Generic Requirements, Objectives, 
and Interface.
    (6) Federal Standard H28, Screw-Thread Standards for Federal 
Services, March 31, 1978, including Change Notice 1, May 28, 1986; 
Change Notice 2, January 20, 1989; and Change Notice 3, March 12, 1990. 
Copies may be obtained from the General Services Administration, 
Specification Section, 490 East L'Enfant Plaza SW, Washington, DC 20407, 
telephone 202-755-0325.
    (7) IEEE standards are available from IEEE Service Center, 445 Hoes 
Lane,

[[Page 474]]

P.O. Box 1331, Piscataway, NJ 08854, telephone 1-800-521-2673.
    (i) IEEE Standard 455-1985, Standard Test Procedure for Measuring 
Longitudinal Balance of Telephone Equipment Operating in the Voice Band.
    (ii) [Reserved]
    (8) RUS standards are available from Publications and Directives 
Management Branch, Administrative Services Division, Rural Utilities 
Service, room 0180, South Building, U.S. Department of Agriculture, 
Washington, DC 20250-1500.
    (i) RUS Bulletin 345-50, PE-60 (Sept 1979), RUS Specification for 
Trunk Carrier Systems.
    (ii) [Reserved]
    (b) Types of requirements. (1) Unless otherwise indicated, the 
requirements listed in this section are considered to be fixed 
requirements.
    (2) The concentrator system shall communicate with standard T1 
digital transmission format at a minimum between the concentrator and 
central office terminals. Analog conversion functions at remote and 
central office terminals shall be capable of being eliminated to 
accommodate end-to-end digital transmission.
    (3) The LC shall operate properly as an integral part of the 
telephone network when connected to physical or carrier derived circuits 
and central offices meeting RUS specifications and other generally 
accepted telecommunications practices, such as Bellcore documents TR-
NWT-000303, Integrated Digital Loop Carrier System Generic Requirements, 
Objectives and Interface; TR-TSY-000008, Digital Interface between the 
SLC 96 Digital Loop Carrier System and a Local Digital Switch; and TR-
TSY-000057, Functional Criteria for Digital Loop Carrier Systems.
    (4) For RUS acceptance consideration of a LC, the manufacturer must 
certify and demonstrate that all requirements specified in this section 
are available and in compliance with this section.
    (5) Certain requirements are included in this section for features 
which may not be needed for every application. Such features are 
identifiable by the inclusion in the requirements of some such phrase as 
``when specified by the owner'' or ``as specified by the owner.'' In 
some cases where an optional feature will not be required by an owner, 
either now or in the future, a system which does not provide this 
feature shall be considered to be in compliance with the specification 
for the specific installation under consideration, but not in compliance 
with the entire specification.
    (6) The owner may properly request bids from any supplier of an RUS 
accepted LC whose system provides all the features which will be 
required for a specific installation.
    (7) When required by the owner, the supplier shall state compliance 
to the Carrier Serving Area (CSA) requirements, as stated in Bell 
Communications Research (Bellcore) Standard TR-TSY-000057, Functional 
Criteria for Digital Loop Carrier Systems.
    (c) Reliability. (1) The failure rate of printed circuit boards 
shall not exceed an average of 2.0 percent per month of all equipped 
cards in all system terminals during the first 3 months after cutover, 
and shall not exceed an average of 1.0 percent per month of all equipped 
cards in all system terminals during the second 3-month period. The 
failure rate for the equipment shall be less than 0.5 percent per month 
of all equipped cards in all system terminals after 6 months. A failure 
is considered to be the failure of a component on the PC board which 
requires it to be repaired or replaced.
    (2) The line concentrator terminal units shall be designed such that 
there will be no more than 4 hours of total outages in 20 years.
    (d) System type acceptance tests. General test results will be 
required on each system type. Any system provided in accordance with 
this section shall be capable of meeting any requirement in this section 
on a spot-check basis.
    (e) Features required. The network control equipment and peripheral 
equipment shall be comprised of solid-state and integrated circuitry 
components as far as practical and in keeping with the state-of-the-art 
and economics of the subject system.
    (f) Subscriber lines--(1) General. (i) The remote LC units shall 
operate satisfactorily with subscriber lines which meet all of the 
conditions under the bidder's specifications and all the requirements

[[Page 475]]

of this section. This section recognizes that the loop limit of the line 
concentrator is dependent upon the transmission facility between the LC 
central office termination and the LC remote unit. When voice frequency 
(physical) circuits are used, the loop limit from the COE to the 
subscriber shall be 1900 ohms (including the telephone set). When 
electronically derived circuits (carrier, lightwave, etc.) are used, the 
loop limits of the electronic system will control. The bidder shall 
identify the loop limits of the equipment to be supplied.
    (ii) There should be provisions for such types of lines as ground 
start, loop start, regular subscriber, pay stations, etc.
    (2) Dialing. (i) General. The line concentrator remote and central 
office terminal equipment shall satisfactorily transmit dialing 
information when used with subscriber dials having a speed of operation 
between 8 and 12 dial pulses per second and a break period of 55 to 65% 
of the total signaling period.
    (ii) Subscriber dial interdigital time. The remote and central 
office LC equipment shall permit satisfactory telecommunications 
operation when used with subscriber rotary dial interdigital times of 
200 milliseconds minimum, and pushbutton dialing with 50 milliseconds 
minimum.
    (iii) Subscriber line pushbutton dialing frequencies. The frequency 
pairs assigned for pushbutton dialing when provided by the central 
office shall be as listed in this paragraph (f)(2)(iii), with an 
allowable variation of 1.5 percent:

------------------------------------------------------------------------
                                        High group frequencies (Hz)
   Low group frequencies (Hz)    ---------------------------------------
                                   1209    1336    1477        1633
------------------------------------------------------------------------
697.............................       1       2       3  Spare.
770.............................       4       5       6  Spare.
852.............................       7       8       9  Spare.
941.............................       *       0         Spare.
------------------------------------------------------------------------

    (3) Ringing. (i) When LC ringing is generated at the remote end, it 
shall be automatic and intermittent and shall be cut off from the called 
line upon removal of the handset at the called station during either the 
ringing or silent period.
    (ii) When ringing generators are provided in the LC on an ancillary 
basis, they shall be accepted or technically accepted by RUS.
    (iii) Where ringing is generated at the remote end, the ringing 
system shall provide sufficient ringing on a bridged basis over the 
voltage and temperature limits of this specification and over subscriber 
loops within the limits stated by the manufacturer. The manufacturer 
shall state the minimum number (not less than two) of main station 
ringers that can be used for each ringing option available.
    (g) Traffic. (1)(i) The minimum grade of service for traffic in the 
line concentrator shall be B =. 005 using the Traffic Table, based on 
the Erlang Lost-Calls-Cleared Formula. Required grade of service, 
traffic assumptions and calculations for the particular application 
being implemented shall be supplied by the bidder.
    (ii) Service to customers served by a traffic sensitive LC should 
not be noticeably different than the service to customers served by the 
dedicated physical pairs from the central office so that uniform grade 
of service will be provided to all customers in any class of service. 
Reference Sec.  1755.522(p)(1)(i), RUS General Specification for 
Digital, Stored Program Controlled Central Office Equipment.
    (2) Traffic and Plant Registers. Traffic measurements consist of 
three types--peg count, usage, and congestion. A peg count register 
scores one count per call attempt per circuit group such as trunks, 
digit receivers, senders, etc. Usage counters measure the traffic 
density in networks, trunks and other circuit groups. Congestion 
registers score the number of calls which fail to find an idle circuit 
in a trunk group or to find an idle path through the switching network 
when attempting to connect two given end points. These conditions 
constitute ``network blocking.''

[[Page 476]]

    (3) When required, traffic data will be stored in electronic storage 
registers or a block of memory consisting of one or more traffic 
counters for each item to be measured. The bidder shall indicate what 
registers are to be supplied, their purpose and the means for displaying 
the information locally (or at a remote location when available).
    (h) Transmission requirements--(1) General. Unless otherwise stated, 
the requirements in paragraphs (h) (2) through (20) of this section are 
specified in terms of analog measurements made from Main Distributing 
Frame (MDF) terminals to MDF terminals excluding cabling loss.
    (2) Telephone transmitter battery supply. A minimum of 20 
milliamperes, dc, shall be provided for the transmitter of the telephone 
set at the subscriber station under all loop conditions specified by the 
bidder. The telephone set is assumed to have a resistance of 200 ohms.
    (3) Impedance--subscriber loops. For the purpose of this section, 
the input impedance of all subscriber loops served by the equipment is 
arbitrarily considered to be 900 ohms in series with 2.16 microfarad 
capacitor at voice frequencies.
    (4) Battery noise. Noise across the remote terminal battery at power 
panel distribution bus terminals shall not exceed 35 dBrnC during the 
specified busy hour.
    (5) Stability. The long-term allowable variation in loss through the 
line concentrator system shall be 0.5 dB from the 
loss specified by the bidder.
    (6) Return loss. The specified return loss values are determined by 
the service and type of port at the measuring end. Two-wire ports are 
measured at 900 ohms in series with 2.16 microfarads, and 4-wire ports 
are measured at 600 ohms resistive. When other balance networks are 
supplied, test equipment arranged for operation with the supplied 
network(s) may be used. The requirement given shall meet the following 
cited values on each balance network available in the system:

Line-to-Line or Line-to-Trunk (2-Wire)
Echo Return Loss (ERL)--18 dB, Minimum
Singing Return Loss (SRL)--Low--15 dB, Minimum
Singing Return Loss (SRL)--High--18 dB, Minimum

    (7) Longitudinal balance. The minimum longitudinal balance, with dc 
loop currents between 20 to 70 mA, shall be 60 dB at all frequencies 
between 60 and 2000 Hz, 55 dB at 2700 Hz and 50 dB at 3400 Hz. The 
method of measurement shall be as specified in the IEEE standard 455, 
``Standard Testing Procedure for Measuring Longitudinal Balance of 
Telephone Equipment Operating in the Voice Band.'' Source voltage level 
shall be 10 volts root mean square (rms) where conversation battery feed 
originates at the remote end.
    (8) 60 hz longitudinal current immunity. The LC 60 Hz longitudinal 
current immunity shall be measured in accordance with Figure 1 of this 
section. Under test conditions cited on Figure 1 of this section, the 
system noise shall be 23 dBrnC or less as follows:

[[Page 477]]

[GRAPHIC] [TIFF OMITTED] TR29AU95.002

    (9) Steady noise (idle channel at 900 ohm impedance). Steady noise: 
Measure on terminated call. Noise measurements shall comply with the 
following:

Maximum--23 dBrnC0
Average--18 dBrnC0 or Less
3KHz Flat--Less than 35 dBrnO as an Objective

    (10) Impulse noise. LC central office terminal equipment shall have 
an impulse noise limit of not more than five counts exceeding 54 dBrnC0 
voice band weighted in a 5-minute period on six such measurements made 
during the busy hour. A WILCOM T-194C Transmission Test Set, or 
equivalent, should be used for the measurements. The

[[Page 478]]

measurement shall be made by establishing a normal connection from the 
noise counter through the switching equipment in its off-hook condition 
to a quiet termination of 900 ohms impedance. Office battery and 
signaling circuit wiring shall be suitably segregated from voice and 
carrier circuit wiring, and frame talking battery filters provided, if 
and as required, in order to meet these impulse noise limits.
    (11) Crosstalk coupling. Worst case equal level crosstalk shall be 
65 dB minimum in the range 200 to 3400 Hz. This shall be measured 
between any two paths through the system by connecting a 0 dBm0 level 
tone to the disturbing pair.
    (12) Digital error rate. The digital line concentrator shall not 
introduce more than one error in 10 \8\ bits averaged over a 5-minute 
period, excluding the least significant bit.
    (13) Quantizing distortion. (i) The system shall meet the following 
requirements:

------------------------------------------------------------------------
                                                  Minimum signal to
     Input level (dBm0) 1004 or 1020 Hz       distortion with C-message
                                                      weighting
------------------------------------------------------------------------
0 to -30...................................  33 dB
-30 to -40.................................  27 dB
-40 to -45.................................  22 dB
------------------------------------------------------------------------

    (ii) Due to possible loss of the least significant bit on direct 
digital connections, a signal to distortion degradation of up to 2 dB 
may be allowed where adequately justified by the bidder.
    (14) Overload level. The overload level shall be + 3 dBm0.
    (15) Gain tracking (linearity) shall meet the following 
requirements:

------------------------------------------------------------------------
                                                               Maximum
                   Input signal level \1\                        gain
                                                              deviation
------------------------------------------------------------------------
 + 3 to -37 dBm0...........................................       6 volts dc.
    (iii) Where equipment is ac powered, it must operate satisfactorily 
over a range of 12010 volts or 22010 volts ac.
    (3) Batteries. (i) Unless otherwise specified by the owner, sealed 
batteries shall be supplied for the remote line concentrator terminal.
    (ii) The batteries shall have an ampere hour load capacity of no 
less than 8 busy hours. When an emergency ac supply source is available, 
the battery reserve may be reduced to 3 busy hours.
    (iii) The batteries shall be sealed when they are mounted in the 
cabinet with the concentrator equipment.
    (iv) When specified by the owner, battery heaters shall be supplied 
in a bidder-furnished housing.
    (4) Charging equipment. (i) One charger capable of carrying the full 
dc power load of the remote terminal shall be supplied unless otherwise 
specified by the owner.
    (ii) Charging shall be on a full float basis. The rectifiers shall 
be of the full wave, self-regulating, constant voltage, solid-state type 
and shall be capable of being turned on and off manually.
    (iii) When charging batteries, the voltage at the battery terminals 
shall be adjustable and shall be set at the value recommended for the 
particular battery being charged, provided it is not above the maximum 
operating voltage of the central office switching equipment. The voltage 
shall not vary more than 0.02 volt dc per cell 
between 10% load and 100% load. Between 3% and 10% load, the output 
voltage shall not vary more than 0.04 volt dc per 
cell. Beyond full load current the output voltage shall drop sharply. 
The above output voltage shall be maintained with input line voltage 
variations of plus or minus 10 percent. Provision shall be made to 
manually change the output voltage of the rectifier to 2.25 volts per 
cell to provide an equalization charge on the battery.
    (iv) The charger noise, when measured with a suitable noise 
measuring set and under the rated battery capacitance and load 
conditions, shall not exceed 22 dBrnC. See Figure 7 of this section, 
Charger Noise Test as follows:

[[Page 488]]

[GRAPHIC] [TIFF OMITTED] TR29AU95.007

    (v) The charging equipment shall be provided with a means for 
indicating a failure of charging current whether due to ac power 
failure, an internal failure in the charger, or to other circumstances 
which might cause the output voltage of the charger to drop below the 
battery voltage. Where a supplementary constant current charger is used, 
an alarm shall be provided to indicate a failure of the charger.
    (vi) Audible noise developed by the charging equipment shall be kept 
to a minimum. Acoustic noise resulting from operation of the rectifier 
shall be expressed in terms of dB indicated on a sound level meter 
conforming to American National Standards Institute S1.4, and shall not 
exceed 65 dB (A-weighting) measured at any point 5 feet (1.5m) from any 
vertical surface of the rectifier.

[[Page 489]]

    (vii) The charging equipment shall be designed so that neither the 
charger nor the central office equipment is subject to damage in case 
the battery circuit is opened for any value of load within the normal 
limits.
    (5) Power panel. (i) Battery and charger control switches, dc 
voltmeters, dc ammeters, fuses and circuit breakers, supervisory and 
timer circuits shall be provided as required. Portable or panel mounted 
frequency meters or voltmeters shall be provided as specified by the 
owner.
    (ii) Power panels, cabinets and shelves, and associated wiring shall 
be designed initially to handle the line concentrator terminal when it 
reaches its ultimate capacity as specified by the owner.
    (iii) The power panel shall be of the ``dead front'' type.
    (6) Ringing equipment. The ringing system shall provide sufficient 
ringing on a bridged basis over the voltage and temperature limits of 
this section and over subscriber drops within the limits stated by the 
bidder. The ringing system shall be without operational problems such as 
bell tapping during dialing. The bidder shall state the minimum number 
(not less than two) of main station ringers that can be used for each 
ringing option available.
    (7) Interrupter equipment. The interrupter may be an integral part 
of the system or may be part of the associated central office equipment 
connected to the line concentrator central office terminal.
    (8) Special systems. Manufacturers of LC systems that operate by 
extending ringing current from the central office shall state their 
required input ringing (voltage and frequency) and the limitations on 
the connected subscriber loop.
    (m) Fusing requirements--(1) General. (i) The equipment shall be 
completely wired and equipped with fuses, trouble signals, and all 
associated equipment for the wire capacity of the frames or cabinets 
provided.
    (ii) Design precautions shall be taken to prevent the possibility of 
equipment damage arising from the insertion of an electronic package 
into the wrong connector or the removal of a package from any connector 
or improper insertion of the correct card in its connector.
    (2) Fuses. Fuses and circuit breakers shall be of an alarm and 
indicator type, except where the fuse or breaker location is indicated 
on the alarm printout. Their rating shall be designated by numerals or 
color codes on the fuse or the panel.
    (n) Trouble location and test--(1) Equipment. (i) Trouble 
indications in the system may be displayed in the form of lights on the 
equipment units or printed circuit boards.
    (ii) When required, a jack or other connector shall be provided to 
connect a fault or trouble recorder (printer or display).
    (2) Maintenance system. (i) The maintenance system shall monitor and 
maintain the system operation without interruption of call processing 
except for major failures.
    (ii) The maintenance system shall be arranged to provide the ability 
to determine trouble to an individual card, functional group of cards, 
or other equipment unit.
    (o) Spare parts. Lists of spare parts and maintenance tools as 
recommended by the bidder shall be provided. The cost of such tools and 
spare parts shall be indicated and shall not be included in the base 
price.
    (p) Drawings and printed material. (1) The bidder shall supply 
instructional material for each line concentrator system involved at the 
time of delivery of the equipment. It is not the intent of this section 
to require system documentation necessary for the repair of individual 
circuit boards.
    (2) Three complete sets of legible drawings shall be provided for 
each central office to be accessed. Each set shall include all of the 
following:
    (i) Drawings of major equipment items such as frames, with the 
location of major component items of equipment shown therein;
    (ii) Wiring diagrams indicating the specific method of wiring used 
on each item of equipment and interconnection wiring between items of 
equipment;
    (iii) Maintenance drawings covering each equipment item that 
contains replaceable parts, appropriately identifying each part by name 
and part number; and

[[Page 490]]

    (iv) Job drawings including all drawings that are individual to the 
particular line concentrator involved such as mainframe, power 
equipment, etc.
    (3) The following information shall also be furnished:
    (i) A complete index of required drawings;
    (ii) An explanation of electrical principles of operation of overall 
concentrator system;
    (iii) A list of tests which can be made with each piece of test 
equipment furnished and an explanation of the method of making each 
test;
    (iv) A sample of each form recommended for use in keeping records;
    (v) The criteria for analyzing results of tests and determining 
appropriate corrective action;
    (vi) A set of general notes on methods of isolating equipment faults 
to specific printed circuit cards in the equipment;
    (vii) A list of typical troubles which might be encountered, 
together with general indications as to probable location of each 
trouble; and
    (viii) All special line concentrator system grounding requirements.
    (4) When installation is to be done by the bidder a complete set of 
drawings shall be provided by the owner, such as floor plans, lighting, 
grounding and ac power access.
    (q) Installation and acceptance--(1) General. Paragraphs (q)(2)(i) 
through (q)(3)(xxi) of this section covers the general requirements for 
the installation of line concentrator equipment by the bidder, and 
outlines the general conditions to be met by the owner in connection 
with such installation work. The responsibilities apply in both the 
central office installation and remote terminal installations, unless 
otherwise noted.
    (2) Responsibilities of owner. The owner shall:
    (i) Allow the bidder and its employees free access to the premises 
and facilities at all hours during the progress of the installation;
    (ii) Provide access to the remote site and any other site for 
development work needed during the installation;
    (iii) Take such action as necessary to ensure that the premises are 
dry and free from dust and in such condition as not to be hazardous to 
the installation personnel or the material to be installed (not required 
when remote terminal is not installed in a building);
    (iv) Provide heat or air conditioning when required and general 
illumination in rooms in which work is to be performed or materials 
stored;
    (v) Provide suitable openings in buildings to allow material to be 
placed in position (not required when a remote terminal is not installed 
in a building);
    (vi) Provide the necessary conduit and commercial and dc-ac inverter 
output power to the locations shown on the approved floor plan drawings;
    (vii) Provide 110 volts a.c., 60 Hz commercial power equipped with a 
secondary arrester and a reasonable number of outlets for test, 
maintenance and installation equipment;
    (viii) Provide suitable openings or channels and ducts for cables 
and conductors from floor to floor and from room to room;
    (ix) Provide suitable ground leads, as designated by the bidder (not 
required when remote terminal is not installed in a building);
    (x) Provide the necessary wiring, central office ground and 
commercial power service, with a secondary arrester, to the location of 
an exterior remote terminal installation based on the voltage and load 
requirements furnished voltage and load requirements furnished by the 
bidder;
    (xi) Test at the owners expense all lines and trunks for continuity, 
leakage and loop resistance and ensure that all lines and trunks are 
suitable for operation with the central office and remote terminal 
equipment specified;
    (xii) Make alterations and repairs to buildings necessary for proper 
installation of material, except to repair damage for which the bidder 
or its employees are responsible;
    (xiii) Connect outside cable pairs on the distributing frame (those 
connected to protectors);
    (xiv) Furnish all line, class of service assignment, and party line 
assignment information to permit bidder to program the data base memory 
within a reasonable time prior to final testing;
    (xv) Release for the bidder's use, as soon as possible, such 
portions of the

[[Page 491]]

existing plant as are necessary for the proper completion of such tests 
as require coordination with existing facilities including facilities 
for T1 span lines with properly installed repeaters between the central 
office and the remote terminal installations;
    (xvi) Make prompt inspections as it deems necessary when notified by 
the bidder that the equipment, or any part thereof, is ready for 
acceptance;
    (xvii) Provide adequate fire protection apparatus at the remote 
terminal, including one or more fire extinguishers or fire extinguishing 
systems of the gaseous type, that has low toxicity and effect on 
equipment;
    (xviii) Provide necessary access ports for cable, if underfloor 
cabling is selected;
    (xix) Install equipment and accessory plant devices mounted external 
to the central office building and external to the repeater and other 
outside housings including filters, repeater housings, splicing of 
repeater cable stubs, externally mounted protective devices and other 
such accessory devices in accordance with written instructions provided 
by the bidder; and
    (xx) Make all cross connections (at the MDF or Intermediate 
Distribution Frame IDF) between the physical trunk or carrier equipment 
and the central office equipment unless otherwise specified in appendix 
A of this section.
    (3) Responsibilities of bidder. The bidder shall:
    (i) Allow the owner and its representatives access to all parts of 
the building at all times;
    (ii) Obtain the owner's permission before proceeding with any work 
necessitating cutting into or through any part of the building structure 
such as girders, beams, concrete or tile floors, partitions or ceilings 
(does not apply to the installation of lag screws, expansion bolts, and 
similar devices used for fastening equipment to floors, columns, walls, 
and ceilings);
    (iii) Be responsible for and repair all damage to the building due 
to carelessness of the bidder's workforce, exercise reasonable care to 
avoid any damage to the owner's switching equipment or other property, 
and report to the owner any damage to the building which may exist or 
may occur during its occupancy of the building;
    (iv) Consult with the owner before cutting into or through any part 
of the building structure in all cases where the fireproofing or 
moisture proofing may be impaired;
    (v) Take necessary steps to ensure that all fire fighting apparatus 
is accessible at all times and all flammable materials are kept in 
suitable places outside the building;
    (vi) Not use gasoline, benzene, alcohol, naphtha, carbon 
tetrachloride or turpentine for cleaning any part of the equipment;
    (vii) Be responsible for delivering the CO and remote terminal 
equipment to the sites where they will be needed;
    (viii) Install the equipment in accordance with the specifications 
for the line concentrator;
    (ix) Have all leads brought out to terminal blocks on the MDF (or 
IDF if stated in appendix A of this section) and have all terminal 
blocks identified and permanently labeled;
    (x) Use separate shielded type leads grounded at one end only unless 
otherwise specified by the owner or bidder or tip cables meeting RUS 
cable crosstalk requirements for carrier frequencies inside the central 
office;
    (xi) Group the cables to separate carrier frequency, voice 
frequency, signaling, and power leads;
    (xii) Make the necessary power and ground connections (location as 
shown in appendix A of this section) to the purchaser's power terminals 
and ground bus unless otherwise stated in appendix A of this section 
(ground wire shall be 6 AWG unless otherwise stated);
    (xiii) Place the battery in service in compliance with the 
recommendations of the battery manufacturer;
    (xiv) Make final charger adjustments using the manufacturer's 
recommended procedure;
    (xv) Run all jumpers, except line and trunk jumpers (those connected 
to protectors) unless otherwise specified in appendix A of this section;
    (xvi) Establish and update all data base memories with subscriber 
information as supplied by the owner until an agreed turnover time;

[[Page 492]]

    (xvii) Give the owner notice of completion of the installation at 
least one week prior to completion;
    (xviii) Permit the owner or its representative to conduct tests and 
inspections after installation has been completed in order that the 
owner may be assured the requirements for installation are met;
    (xix) Allow access, before turnover, by the owner or its 
representative, upon request, to the test equipment which is to be 
turned over as a part of the delivered equipment, to permit the checking 
of the circuit features which are being tested and to permit the 
checking of the amount of connected equipment to which the test circuits 
have access;
    (xx) Notify the owner promptly of the completion of work of the 
central office terminals, remote terminals or such portions thereof as 
are ready for inspection; and
    (xxi) Correct promptly all defects for which the bidder is 
responsible.
    (4) Information to be furnished by bidder. The bidder shall 
accompany its bid with the following information:
    (i) Two copies of the equipment list and the traffic calculations 
from which the quantities in the equipment list are determined;
    (ii) Two copies of the traffic tables from which the quantities are 
determined, if other than the Erlang B traffic tables;
    (iii) A block diagram of the line concentrator and associated 
maintenance equipment will be provided;
    (iv) A prescribed method and criteria for acceptance of the 
completed line concentrator which will be subject to review;
    (v) This special grounding requirements including the recommended 
configuration, suggested equipment and installation methods to be used 
to accomplish them;
    (vi) The special handling and equipment requirements to avoid damage 
resulting from the discharge of static electricity (see paragraph 
(j)(4)(iii) of this section) or mechanical damage during transit 
installation and testing;
    (vii) The location of technical assistance service, its availability 
and conditions for owner use and charges for the service by the bidder; 
and
    (viii) The identification of the subscriber loop limits available 
beyond the line concentrator.
    (5) Installation requirements. (i) All work shall be done in a neat, 
workmanlike manner. Equipment frames or cabinets shall be correctly 
located, carefully aligned, anchored, and firmly braced. Cables shall be 
carefully laid with sufficient radius of curvature and protected at 
corners and bends to ensure against damage from handling or vibration. 
Exterior cabinet installations for remote terminals shall be made in a 
permanent, eye-pleasing manner.
    (ii) All multiple and associated wiring shall be continuous, free 
from crosses, reverses, and grounds and shall be correctly wired at all 
points.
    (iii) An inspection shall be made by the owner or its 
representatives prior to performing operational and performance tests on 
the equipment, but after all installing operations which might disturb 
apparatus adjustments have been completed. The inspection shall be of 
such character and extent as to disclose with reasonable certainty any 
unsatisfactory condition of apparatus or equipment. During these 
inspections, or inspections for apparatus adjustments, or wire 
connections, or in testing of equipment, a sufficiently detailed 
examination shall be made throughout the portion of the equipment within 
which such condition is observed, or is likely to occur, to disclose the 
full extent of its existence, where any of the following conditions are 
observed:
    (A) Apparatus or equipment units failing to compare in quantity and 
type to that specified for the installation;
    (B) Apparatus or equipment units damaged or incomplete;
    (C) Apparatus or equipment affected by rust, corrosion or marred 
finish; and
    (D) Other adverse conditions resulting from failure to meet 
generally accepted standards of good workmanship.
    (6) Operational tests. (i) Operational tests shall be performed on 
all circuits and circuit components to ensure their proper functioning 
in accordance with appropriate explanation of the operation of the 
circuit.

[[Page 493]]

    (ii) All equipment shall be tested to ensure proper operation with 
all components connected in all possible combinations and each line 
shall be tested for proper ring, ring trip and supervision.
    (iii) All fuses shall be verified for continuity and correct rating. 
Alarm indication shall be demonstrated for each equipped fuse position. 
An already failed fuse compatible with the fuse position may be used.
    (iv) Each alarm or signal circuit shall be checked for correct 
operation.
    (v) A sufficient quantity of locally originating and incoming calls 
shall be made to demonstrate the function of the line concentrator 
including all equipped transmission paths. When intra-link calling is 
supplied, all intra-link transmission paths shall be demonstrated.
    (7) Acceptance tests and data required. (i) Data shall be supplied 
to the owner by the bidder in writing as a part of the final documents 
in closing out the contract as follows:
    (A) A detailed cross connect drawing of alarm to power board, 
central office battery to physical trunks or carrier system, wiring 
options used in terminals, channels, filters, repeaters, etc., marked in 
the owner's copy of the equipment manual or supplied separately;
    (B) The measured central office supply voltages applied to the 
equipment terminals or repeaters at the time the jack and test point 
readings are made and ac supply voltages where equipment is powered from 
commercial ac sources;
    (C) A list of all instruments, including accessories, by 
manufacturer and type number, used to obtain the data; and
    (D) The measurements at all jack or test points recommended by the 
manufacturer, including carrier frequency level measurements at all 
carrier terminals and repeaters where utilized.
    (ii) Data in the form of a checklist or other notations shall be 
supplied showing the results of the operational tests.
    (iii) The bidder shall furnish to the owner a record of the battery 
cell or multicell unit voltages measured at the completion of the 
installation of the switching system before it is placed in commercial 
service. This is not required at a site where the owner furnishes dc 
power.
    (8) Joint inspection requirements. (i) The bidder shall notify the 
owner in writing at least one week before the date the complete system 
will be ready for inspection and tests. A joint inspection shall be made 
by the bidder and the owner (or owner's engineer) to determine that the 
equipment installation is acceptable. The inspection shall include 
physical inspection, a review of acceptance test data, operational 
tests, and sample measurements.
    (A) The owner shall review the acceptance test data and compare it 
to the requirements of this section.
    (B) Sample measurements shall be made on all systems installed under 
this contract. Test methods should follow procedures described in 
paragraph (g)(5) of this section.
    (C) A check shall be made of measured test point and jack readings 
for compliance with the manufacturer's specifications. This applies also 
to channels, terminals, carrier frequency repefault locating circuits.
    (ii) In the event that the measured data or operational tests show 
that equipment fails to meet the requirements quirements of this 
section, the deficiencies are to be resolved as set forth in Article II 
of the 397 Special Equipment Contract. (Copies are available from RUS, 
room 0174, U.S. Department of Agriculture, Washington, DC 20250-1500.) 
The reports of the bidder and the owner shall be detailed as to 
deficiencies, causes, corrective action necessary, corrective action to 
be taken, completion time, etc.

(The information and recordkeeping requirements of this section have 
been approved by the Office of Management and Budget under the control 
number 0572-0059)

   Appendix A to Sec.  1755.397--Specification for Line Concentrator 
                     Detailed Equipment Requirements

                  (Information To Be Supplied by Owner)

Telephone Company (Owner)

Name:___________________________________________________________________
Location:_______________________________________________________________

Number of LC's Required: ________
Line Concentrator Locations:

[[Page 494]]



------------------------------------------------------------------------
                                                   No. of      Central
                   Location                        Lines        Office
------------------------------------------------------------------------
                                                ...........  ...........
                                                ...........  ...........
                                                ...........  ...........
                                                ...........  ...........
------------------------------------------------------------------------

                               1. General

    1.1 Notwithstanding the bidder's equipment lists, the equipment and 
materials furnished by the bidder must meet the requirements of 
paragraphs (a) through (p) of this section, and this appendix A.
    1.2 Paragraph (a) through (p) of this section cover the minimum 
general requirements for line concentrator equipment.
    1.3 Paragraph (q) of this section covers the requirements for 
installation, inspection and testing when such service is included as 
part of the contract.
    1.4 This appendix A covers the technical data for application 
engineering and detailed equipment requirements insofar as they can be 
established by the owner. This appendix A shall be filled in by the 
owner.
    1.5 Appendix B of this section covers detailed information on the 
line concentrator equipment, information on system reliability and 
traffic capacity as proposed by the bidder. Appendix B of this section 
is to be filled in by the bidder and must be presented with the bid.

Office Name

(By Location)___________________________________________________________

LC Designation__________________________________________________________

                      2. Number of Subscriber Lines

------------------------------------------------------------------------
                                                                  Wired
                                                      Equipped    only
------------------------------------------------------------------------
Single-Party........................................
Pay Station (Type:________).........................
Other (Describe:________)...........................
      Total.........................................  ........  ........
------------------------------------------------------------------------

                           3. Loop Resistance

    3.1 Number of non-pay station lines having a loop resistance, 
including the telephone set as follows:
    3.1.1 For physical trunks between the remote and the office units, 
the loop resistance is to include the resistance of the trunk.

------------------------------------------------------------------------
                                                                No. of
                                                                lines
------------------------------------------------------------------------
1200-1900 ohms.............................................  ...........
1901-3200 ohms.............................................  ...........
3201-4500 ohms.............................................  ...........
------------------------------------------------------------------------

    3.1.2 Number of pay station lines having a loop resistance, 
excluding the telephone set, greater than:

------------------------------------------------------------------------
                                                                No. of
                                                                lines
------------------------------------------------------------------------
1200 ohms (Prepay).........................................  ...........
1000 ohms (Semi-Postpay)...................................  ...........
------------------------------------------------------------------------

    When physical trunks are used, these resistances include that of the 
facility between the CO and the remote.
    3.1.3 Range extension equipment, if required, is to be provided:

________ By Bidder

________ By Owner

(Quantity and Type)_____________________________________________________

________________________________________________________________________

                             4. Traffic Data

    4.1 Average combined originating and terminating hundred call 
seconds (CCS) per line in the busy hour:

______ CCS/Line. (Assume originating & terminating equal.)
    4.2 Percent Intra-Calling ________
    4.3 Total Busy Hour Calls ________

                           5. TYPE or RINGING

 
         5.1 Frequency No.                    1.                     2.                    3.              4.
 
    Frequency (Hz)                  .....................  .....................  ....................  ........
    Max. No. of Phones/Freq.        .....................  .....................  ....................  ........
 

    5.2 Minimum ringing generator capacity to be supplied shall be 
sufficient to serve ________ lines (each frequency).

                  6. Central Office Equipment Interface

    6.1 COE will be:
    6.1.1 COE Manufacturer

________________________________________________________________________

Type____________________________________________________________________

Year____________________________________________________________________

Generic_________________________________________________________________
    6.1.2 ________ See digital central office specification for the 
switchboard at ____________________ .
    6.2 Interface will be:
6.2.1 ________ Line Circuit(s)
6.2.2 ________ Direct Digital Interface
6.2.3 ________ Other (Describe)

________________________________________________________________________

________________________________________________________________________
    6.3 Mounting rack for line concentrator furnished by:

________ Bidder

________ Owner

(Specify width and height of rack available) (Width) (Height)
    6.4 Equipment to be installed in existing building:

________ Yes (Attach detailed plan)

________ No

[[Page 495]]

                       7. Transmission Facilities

    7.1 Transmission facilities between the central office and remote 
terminals shall be:
    7.1.1 Type:

________ VF Carrier Derived Circuits

________ Digital Span Line (DS1)

________ Other

________________________________________________________________________

(Attach a layout of the transmission facilities between the central 
          office and the remote terminals describing transmission and 
          signaling parameters, routing and resistance where 
          applicable.)
    7.1.2 Utilizes physical plant

________ Cable Pairs (Existing/New)

________ Other

________________________________________________________________________
    Note: Unless otherwise stated, physical plant will be supplied by 
the owner.
    7.1.3 Terminal equipment for transmission facility to be supplied 
by:

________ Owner

________ Bidder
    7.1.3.1 Carrier e/w voice terminations ________ Yes ________ No

Manufacturer and type___________________________________________________
Central office voice terminations Equipped ________, Wired Only ________
    7.1.3.2 Digital span line (DS1) supplied by

________ Owner

________ Bidder

Manufacturer and Type___________________________________________________
    7.1.3.3 Number of repeaters (per span line) ________
    7.1.3.4 Diverse (alternate) span line routing required

________ Yes (Describe in Item 11) ________ No
    7.1.3.5 Span line terminations only ________ Yes ________ No
    7.1.3.6 Span line power required (CO and Remote Terminals) ________ 
Yes ________ No
    7.1.3.7 Physical facility between CO and remote Loop Resistance 
________ ohms, Length ________ meters

                     8. Power Equipment Requirements

    8.1 Central Office Terminal
    8.1.1 Owner-furnished -48 volt dc power ________ Yes ________ No
    8.1.2 Other (Describe)
________________________________________________________________________
    8.1.3 Standby power is available ________ Yes ________ No
    8.2 Remote Terminal
    8.2.1 Owner-furnished -48 vdc power ________ Yes ________ No
    8.2.2 Bidder-furnished power supply ________ Yes ________ No
    8.2.3 AC power available at site:

________ 110 vac, 60 Hz, single-phase

________ Other (Describe in Item 11)
    8.2.4 A battery reserve of ________ busy hours shall be provided for 
this line concentrator terminal when it reaches ________ lines at the 
traffic rates specified.
    8.2.5 Batteries supplied shall be:

________ Lead Calcium
________ Stabilized Electrolyte
________ Sealed Lead Acid
________ Other (Describe in item 11)
    8.2.6 Standby power is available ________ Yes ________ No

                           9. Remote Terminal

    9.1 Mounting
    9.1.1 ________ Outside Housing (To be furnished by bidder)
    9.1.2 ________ Concrete Slab to be furnished by owner (Bidder to 
supply construction details after award.)
    9.1.3 ________ Manhole, environmentally controlled (Describe in Item 
11)
    9.1.4 ________ Pedestal Mounting
    9.1.5 ________ Pole Mounting (Owner-furnished installed pole)
    9.1.6 ________ Prefab Building (Owner-furnished site)
    9.2 Equipment is to be installed in an existing building.

________ Yes ________ No
(Attach detailed plan.)
    9.3 Other (Describe)
________________________________________________________________________

________________________________________________________________________

                             10. Alternates

                          11. Explanatory Notes

   Appendix B to Sec.  1755.397--Specification for Line Concentrators 
           Detailed Requirements; Bidder Supplied Information

Telephone Company (Owner)

Name:___________________________________________________________________

Location:_______________________________________________________________

Line Concentrator Equipment Locations

Central Office Terminal:________________________________________________

Remote Terminal:________________________________________________________

                               1. General

    1.1 The equipment and materials furnished by the bidder must meet 
the requirements of paragraphs (a) through (p) of this section.
    1.2 Paragraph (a) through (p) of this section cover the minimum 
general requirements for line concentrator equipment.
    1.3 Paragraph (q) of this section covers requirements for 
installation, inspection and testing when such service is included as 
part of the contract.
    1.4 Appendix A of this section covers the technical data for 
application engineering and detailed equipment requirements insofar

[[Page 496]]

as they can be established by the owner. Appendix A of this section is 
to be filled in by the owner.
    1.5 This appendix B covers detailed information on the line 
concentrator equipment, information as to system reliability and traffic 
capacity as proposed by the bidder. This appendix B shall be filled in 
by the bidder and must be presented with the bid.

                        2. Performance Objectives

    2.1 Reliability (See paragraph (c) of this section)

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.2 Busy Hour Load Capacity and Traffic Delay (See Paragraph (g) of 
this section)

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

           3. Equipment Quantities Dependent on System Design

    3.1 Transmission Facilities between the Central Office and Remote 
Terminals

------------------------------------------------------------------------
                                                  Quantity     Quantity
                     Type                         equipped    wired only
------------------------------------------------------------------------
                                                ...........  ...........
                                                ...........  ...........
                                                ...........  ...........
------------------------------------------------------------------------

                          4. Power Requirements

                       4.1 Central Office Terminal

Voltage_________________________________________________________________

Current Drain (Amps) Normal ________, Peak ________

Fuse Qty ________, Size ________, Type ________

Heat Dissipation (BTU/Hr.) ________
________________________________________________________________________

                           4.2 Remote Terminal

AC or DC________________________________________________________________

Voltage_________________________________________________________________

Current Drain (Amps) Normal ________, Peak ________

Fuse Qty ________, Size ________, Type ________

Heat Dissipation (BTU/Hr.) ________
________________________________________________________________________
    Power required for heating or cooling equipment in remote bidder-
furnished housing

________________________________________________________________________

________________________________________________________________________

                 5. Temperature and Humidity Limitations

                             5.1 Temperature

------------------------------------------------------------------------
                                                  Central
                                                   office      Remote*
------------------------------------------------------------------------
Maximum [deg]F ([deg]C).......................  ...........  ...........
Minimum [deg]F ([deg]C).......................  ...........  ...........
------------------------------------------------------------------------

                          5.2 Relative Humidity

------------------------------------------------------------------------
                                                  Central
                                                   office      Remote*
------------------------------------------------------------------------
Maximum.......................................  ...........  ...........
Minimum.......................................  ...........  ...........
------------------------------------------------------------------------
* Show conditions outside bidder-furnished housing.

                          6. Explanatory Notes

[60 FR 44729, Aug. 29, 1995, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. Sec.  1755.398-1755.399  [Reserved]



Sec.  1755.400  RUS standard for acceptance tests and measurements 
of telecommunications plant.

    Sections 1755.400 through 1755.407 cover the requirements for 
acceptance tests and measurements on installed copper and fiber optic 
telecommunications plant and equipment.

[62 FR 23960, May 2, 1997]



Sec.  1755.401  Scope.

    (a) Acceptance tests outlined in Sec. Sec.  1755.400 through 
1755.407 are applicable to plant constructed by contract or force 
account. This testing standard provides for the following:
    (1) Specific types of tests or measurements for the different types 
of telecommunications plant and equipment;
    (2) The method of measurement and types of measuring equipment;
    (3) The expected results and tolerances permitted to meet the 
acceptable standards and objectives;
    (4) Suggested formats for recording the results of the measurements 
and tests; and
    (5) Some probable causes of nonconformance and methods for 
corrective action, where possible.
    (b) Alternative methods of measurements that provide suitable 
alternative results shall be permitted with the concurrence of the Rural 
Utilities Service (RUS).
    (c) For the purpose of this testing standard, a ``measurement'' 
shall be

[[Page 497]]

defined as an evaluation where quantitative data is obtained (e.g., 
resistance in ohms, structural return loss in decibels (dB), etc.) and a 
``test'' shall be defined as an evaluation where no quantitative data is 
obtained (e.g., a check mark indicating conformance is usually the 
result of the test).
    (d) The sequence of tests and measurements described in this 
standard have been prepared as a guide. Variations from the sequence may 
be necessary on an individual application basis.
    (e) There is some overlap in the methods of testing shown; also, the 
extent of each phase of testing may vary on an individual basis. The 
borrower shall determine the overall plan of testing, the need and 
extent of testing, and the responsibility for each phase of testing.

[62 FR 23960, May 2, 1997]



Sec.  1755.402  Ground resistance measurements.

    (a) The resistance of the central office (CO) and the remote 
switching terminal (RST) ground shall be measured before and after it 
has been bonded to the master ground bar (MGB) where it is connected to 
the building electric service ground.
    (b) The ground resistance of electronic equipment such as span line 
repeaters, carrier terminal equipment, concentrators, etc. shall be 
measured.
    (c) Method of measurement. The connection of test equipment for the 
ground resistance measurement shall be as shown in Figure 1. Refer to 
RUS Bulletin 1751F-802, ``Electrical Protection Grounding 
Fundamentals,'' for a comprehensive discussion of ground resistance 
measurements.
    (d) Test equipment. The test equipment for making this measurement 
is shown in Figure 1 as follows:

[[Page 498]]

[GRAPHIC] [TIFF OMITTED] TR02MY97.023

    (e) Applicable results. (1) For the CO and RST, the resistance after 
the bond has been made to the MGB electric service ground shall not 
exceed 5 ohms. Where the measured ground resistance exceeds 5 ohms, the 
borrower shall determine what additional grounding, if any, shall be 
provided.
    (2) For electronic equipment, the ground resistance shall not exceed 
25 ohms. Where the measured ground resistance exceeds 25 ohms, the 
borrower shall determine what additional grounding, if any, shall be 
provided.

[[Page 499]]

    (3) When ground resistance measurements exceed the ground resistance 
requirements of paragraphs (e)(1) and (e)(2) of this section, refer to 
RUS Bulletin 1751F-802, ``Electrical Protection Grounding 
Fundamentals,'' for suggested methods of reducing the ground resistance.
    (f) Data record. Results of the CO and RST ground resistance 
measurements shall be recorded. A suggested format similar to Format I, 
Outside Plant Acceptance Tests--Subscriber Loops, in Sec.  1755.407 or a 
format specified in the applicable construction contract may be used. 
Results of the electronic equipment ground resistance measurements shall 
be recorded. A suggested format similar to Format II, Outside Plant 
Acceptance Tests--Trunk Circuits, in Sec.  1755.407 or a format 
specified in the applicable construction contract may be used. Data 
showing approximate moisture content of the soil at the time of 
measurement, the temperature, the type of soil and a description of the 
test equipment used shall also be included.
    (g) Probable causes for nonconformance. Refer to RUS Bulletin 1751F-
802, ``Electrical Protection Grounding Fundamentals,'' and 
Telecommunications Engineering and Construction Manual (TE&CM) Section 
810, ``Electrical Protection of Electronic Analog and Digital Central 
Office Equipment,'' for possible causes of nonconformance and suggested 
methods for corrective action.

[62 FR 23960, May 2, 1997]



Sec.  1755.403  Copper cable telecommunications plant measurements.

    (a) Shield or shield/armor continuity. (1) Tests and measurements 
shall be made to ensure that cable shields or shield/armors are 
electrically continuous. There are two areas of concern. The first is 
shield or shield/armor bonding within a pedestal or splice and the 
second is shield or shield/armor continuity between pedestals or 
splices.
    (2) Measurement techniques outlined here for verification of shield 
or shield/armor continuity are applicable to buried cable plant. 
Measurements of shield continuity between splices in aerial cable plant 
should be made prior to completion of splicing. Conclusive results 
cannot be obtained on aerial plant after all bonds have been completed 
to the supporting strand, multigrounded neutral, etc.
    (3) Method of measurement. (i) The shield or shield/armor resistance 
measurements shall be made between pedestals or splices using either a 
Wheatstone bridge or a volt-ohm meter. For loaded plant, measurements 
shall be made on cable lengths that do not exceed one load section. For 
nonloaded plant, measurements shall be made on cable lengths that do not 
exceed 5,000 feet (ft) (1,524 meters (m)). All bonding wires shall be 
removed from the bonding lugs at the far end of the cable section to be 
measured. The step-by-step measurement procedure shall be as shown in 
Figure 2.
    (ii) Cable shield or shield/armor continuity within pedestals or 
splices shall be measured with a cable shield splice continuity test 
set. The step-by-step measurement procedure outlined in the 
manufacturer's operating instructions for the specific test equipment 
being used shall be followed.
    (4) Test equipment. (i) The test equipment for measuring cable 
shield or shield/armor resistance between pedestals or splices is shown 
in Figure 2 as follows:

[[Page 500]]

[GRAPHIC] [TIFF OMITTED] TR02MY97.024

    (ii) A cable shield splice continuity tester shall be used to 
measure shield or shield/armor continuity within pedestals or splices.
    (5) Applicable results. (i) The shield or shield/armor resistance 
per 1000 ft and per kilometer (km) for cable diameters and types of 
shielding materials are given in Table 1 (English Units) and Table 2 
(Metric Units), respectively as follows:

             Table 1--Shield Resistance @ 68 [deg]F (20 [deg]C) Cable Diameters Versus Shield Types
                                                 [English Units]
----------------------------------------------------------------------------------------------------------------
                                                           Nominal resistance ohm/1000 ft.
   Outside diameter inches (in.)   -----------------------------------------------------------------------------
                                         A            B            C            D            E            F
----------------------------------------------------------------------------------------------------------------
0.40-0.49.........................         0.77         1.54         1.65         1.96         2.30         5.51
0.50-0.59.........................         0.64         1.28         1.37         1.63         1.91         4.58
0.60-0.69.........................         0.51         1.03         1.10         1.31         1.53         3.67
0.70-0.79.........................         0.44         0.88         0.94  ...........         1.31         3.14

[[Page 501]]

 
0.80-0.89.........................         0.38         0.77         0.82  ...........         1.14         2.74
0.90-0.99.........................         0.35         0.69         0.74  ...........         1.03         2.47
1.00-1.09.........................         0.31         0.62         0.66  ...........         0.92         2.20
1.10-1.19.........................         0.28         0.56         0.60  ...........         0.84         2.00
1.20-1.29.........................         0.26         0.51         0.55  ...........         0.77         1.84
1.30-1.39.........................         0.24         0.48         0.51  ...........         0.71         1.70
1.40-1.49.........................         0.22         0.44         0.47  ...........         0.65         1.57
1.50-1.59.........................         0.21         0.41         0.44  ...........         0.61         1.47
1.60-1.69.........................         0.19         0.38         0.41  ...........         0.57         1.37
1.70-1.79.........................         0.18         0.37         0.39  ...........         0.54         1.30
1.80-1.89.........................         0.17         0.35         0.37  ...........         0.51         1.24
1.90-1.99.........................         0.16         0.33         0.35  ...........         0.49         1.17
2.00-2.09.........................         0.15         0.31         0.33  ...........         0.46         1.10
2.10-2.19.........................         0.15         0.29         0.31  ...........         0.43         1.03
2.20-2.29.........................         0.14         0.28         0.30  ...........         0.42         1.00
2.30-2.39.........................         0.14         0.27         0.29  ...........         0.40         0.97
2.40-2.49.........................         0.13         0.25         0.27  ...........         0.38         0.90
2.50-2.59.........................         0.12         0.24         0.26  ...........         0.36         0.87
2.60-2.69.........................         0.12         0.23         0.25  ...........         0.35         0.83
2.70-2.79.........................         0.11         0.22         0.24  ...........         0.33         0.80
2.80-2.89.........................         0.11         0.22         0.24  ...........         0.33         0.80
2.90-2.99.........................         0.11         0.22         0.23  ...........         0.32         0.77
3.00-3.09.........................         0.10         0.21         0.22  ...........         0.31         0.73
3.10-3.19.........................         0.10         0.20         0.21  ...........         0.29         0.70
3.20-3.29.........................         0.10         0.20         0.21  ...........         0.29         0.70
3.30-3.39.........................         0.09         0.19         0.20  ...........         0.28         0.67
3.40-3.49.........................         0.09         0.18         0.19  ...........         0.26         0.63
3.50-3.59.........................         0.09         0.18         0.19  ...........         0.26         0.63
3.60-3.69.........................         0.08         0.17         0.18  ...........         0.25         0.60
3.70-3.79.........................         0.08         0.17         0.18  ...........         0.25         0.60
3.80-3.89.........................         0.08         0.16         0.17  ...........         0.24         0.57
3.90-3.99.........................         0.08         0.16         0.17  ...........         0.24         0.57
4.00-4.99.........................         0.07         0.15         0.16  ...........         0.22         0.53
----------------------------------------------------------------------------------------------------------------
Where: Column A-10 mil Copper shield.
Column B--5 mil Copper shield.
Column C--8 mil Coated Aluminum and 8 mil Coated Aluminum/6 mil Coated Steel shields.
Column D--7 mil Alloy 194 shield.
Column E--6 mil Alloy 194 and 6 mil Copper Clad Stainless Steel shields.
Column F--5 mil Copper Clad Stainless Steel and 5 mil Copper Clad Alloy Steel shields.


             Table 2--Shield Resistance @ 68 [deg]F (20 [deg]C) Cable Diameters Versus Shield Types
                                                 [Metric Units]
----------------------------------------------------------------------------------------------------------------
                                                              Nominal Resistance ohm/km
 Outside diameter millimeters (mm) -----------------------------------------------------------------------------
                                         A            B            C            D            E            F
----------------------------------------------------------------------------------------------------------------
10.2--12.5........................         2.53         5.05         5.41         6.43         7.55        18.08
12.7--15.0........................         2.10         4.20         4.49         5.35         6.27        15.03
15.2--17.5........................         1.67         3.38         3.61         4.30         5.02        12.04
17.8--20.1........................         1.44         2.89         3.08  ...........         4.30        10.30
20.3--22.6........................         1.25         2.53         2.69  ...........         3.74         8.99
22.9--25.1........................         1.15         2.26         2.43  ...........         3.38         8.10
25.4--27.7........................         1.02         2.03         2.16  ...........         3.02         7.22
27.9--30.2........................         0.92         1.84         1.97  ...........         2.76         6.56
30.5--32.8........................         0.85         1.67         1.80  ...........         2.53         6.04
33.0--35.3........................         0.79         1.57         1.67  ...........         2.33         5.58
35.6--37.8........................         0.72         1.44         1.54  ...........         2.13         5.15
38.1--40.4........................         0.69         1.34         1.44  ...........         2.00         4.82
40.6--42.9........................         0.62         1.25         1.34  ...........         1.87         4.49
43.2--45.5........................         0.59         1.21         1.28  ...........         1.77         4.26
45.7--48.0........................         0.56         1.15         1.21  ...........         1.67         4.07
48.3--50.5........................         0.52         1.08         1.15  ...........         1.61         3.84
50.8--53.1........................         0.49         1.02         1.08  ...........         1.51         3.61
53.3--55.6........................         0.49         0.95         1.02  ...........         1.41         3.38
55.9--58.2........................         0.46         0.92         0.98  ...........         1.38         3.28
58.4--60.7........................         0.46         0.89         0.95  ...........         1.31         3.18
61.0--63.2........................         0.43         0.82         0.89  ...........         1.25         2.95

[[Page 502]]

 
63.5--65.8........................         0.39         0.79         0.85  ...........         1.18         2.85
66.0--68.3........................         0.39         0.75         0.82  ...........         1.15         2.72
68.6--70.9........................         0.36         0.72         0.79  ...........         1.08         2.62
71.1--73.4........................         0.36         0.72         0.79  ...........         1.08         2.62
73.7--75.9........................         0.36         0.72         0.75  ...........         1.05         2.53
76.2--78.5........................         0.33         0.69         0.72  ...........         1.02         2.39
78.7--81.0........................         0.33         0.66         0.69  ...........         0.95         2.30
81.3--83.6........................         0.33         0.66         0.69  ...........         0.95         2.30
83.6--86.1........................         0.29         0.62         0.66  ...........         0.92         2.20
86.4--88.6........................         0.29         0.59         0.62  ...........         0.85         2.07
88.9--91.2........................         0.29         0.59         0.62  ...........         0.85         2.07
91.4--93.7........................         0.26         0.56         0.59  ...........         0.82         1.97
94.0--96.3........................         0.26         0.56         0.59  ...........         0.82         1.97
96.5--98.8........................         0.26         0.52         0.56  ...........         0.79         1.87
99.1--101.3.......................         0.26         0.52         0.56  ...........         0.79         1.87
101.6--103.9......................         0.23         0.49         0.52  ...........         0.72         1.74
----------------------------------------------------------------------------------------------------------------
Where: Column A--10 mil Copper shield.
Column B--5 mil Copper shield.
Column C--8 mil Coated Aluminum and 8 mil Coated Aluminum/6 mil Coated Steel shields.
Column D--7 mil Alloy 194 shield.
Column E--6 mil Alloy 194 and 6 mil Copper Clad Stainless Steel shields.
Column F--5 mil Copper Clad Stainless Steel and 5 mil Copper Clad Alloy Steel shields.

    (ii) All values of shield and shield/armor resistance provided in 
Tables 1 and 2 in (a)(5)(i) of this section are considered 
approximations. If the measured value corrected to 68 [deg]F (20 [deg]C) 
is within 30 percent (%) of the value shown in Table 1 or 2, the shield 
and shield/armor shall be assumed to be continuous.
    (iii) To correct the measured shield resistance to the reference 
temperature of 68 [deg]F (20 [deg]C) use the following formulae:

R68 = Rt/[1 + A(t - 68)] for English Units
R20 = Rt/[1 + A(t - 20)] for Metric Units

Where:

R68 = Shield resistance corrected to 68 [deg]F in ohms.
R20 = Shield resistance corrected to 20 [deg]C in ohms.
Rt = Shield resistance at measurement temperature in ohms.
A = Temperature coefficient of the shield tape.
t = Measurement temperature in [deg]F or ([deg]C).

    (iv) The temperature coefficients (A) for the shield tapes to be 
used in the formulae referenced in paragraph (a)(5)(iii) of this section 
are as follows:
    (A) 5 and 10 mil copper = 0.0021 for English units and 0.0039 for 
Metric units;
    (B) 8 mil coated aluminum and 8 mil coated aluminum/6 mil coated 
steel = 0.0022 for English units and 0.0040 for Metric units;
    (C) 5 mil copper clad stainless steel and 5 mil copper clad alloy 
steel = 0.0024 for English units and 0.0044 for Metric units;
    (D) 6 mil copper clad stainless steel = 0.0019 for English units and 
0.0035 for Metric units; and
    (E) 6 and 7 mil alloy 194 = 0.0013 for English units and 0.0024 for 
Metric units.
    (v) When utilizing shield continuity testers to measure shield and 
shield/armor continuity within pedestals or splices, refer to the 
manufacturer's published information covering the specific test 
equipment to be used and for anticipated results.
    (6) Data record. Measurement data from shield continuity tests shall 
be recorded together with anticipated Table 1 or 2 values (see paragraph 
(a)(5)(i) of this section) in an appropriate format to permit 
comparison. The recorded data shall include specific location, cable 
size, cable type, type of shield or shield/armor, if known, etc.
    (7) Probable causes for nonconformance. Among probable causes for 
nonconformance are broken or damaged

[[Page 503]]

shields or shield/armors, bad bonding harnesses, poorly connected 
bonding clamps, loose bonding lugs, etc.
    (b) Conductor continuity. After placement of all cable and wire 
plant has been completed and joined together in continuous lengths, 
tests shall be made to ascertain that all pairs are free from grounds, 
shorts, crosses, and opens, except for those pairs indicated as being 
defective by the cable manufacturer. The tests for grounds, shorts, 
crosses, and opens are not separate tests, but are inherent in other 
acceptance tests discussed in this section. The test for grounds, 
shorts, and crosses is inherent when conductor insulation resistance 
measurements are conducted per paragraph (c) of this section, while 
tests for opens are inherent when tests are conducted for loop 
resistance, insertion loss, noise, or return loss measurements, per 
paragraphs (d), (e), or (f) of this section. The borrower shall make 
certain that all defective pairs are corrected, except those noted as 
defective by the cable manufacturer in accordance with the marking 
provisions of the applicable cable and wire specifications. All 
defective pairs that are not corrected shall be reported in writing with 
details of the corrective measures attempted.
    (c) Dc insulation resistance (IR) measurement. (1) IR measurements 
shall be made on completed lengths of insulated cable and wire plant.
    (2) Method of measurement. (i) The IR measurement shall be made 
between each conductor and all other conductors, sheath, shield and/or 
shield/armor, and/or support wire electrically connected together and to 
the main distributing frame (MDF) ground. The measurement shall be made 
from the central office with the entire length of the cable under test 
and, where used with all protectors and load coils connected. For COs 
containing solid state arresters, the solid state arresters shall be 
removed before making the IR measurements. Field mounted voice frequency 
repeaters, where used, may be left connected for the IR test but all 
carrier frequency equipment, including carrier repeaters and terminals, 
shall be disconnected. Pairs used to feed power remote from the CO shall 
have the power disconnected and the tip and ring conductors shall be 
opened before making IR tests. All conductors shall be opened at the far 
end of the cable being measured.
    (ii) IR tests are normally made from the MDF with all CO equipment 
disconnected at the MDF, but this test may be made on new cables at 
field locations before they are spliced to existing cables. The method 
of measurement shall be as shown in Figure 3 as follows:

[[Page 504]]

[GRAPHIC] [TIFF OMITTED] TR02MY97.025

    (iii) If the IR of the conductor cannot be measured because of 
breakdown of lightning arresters by the test voltage, the arrester units 
shall be removed and the conductor IR retested. If the IR then meets the 
minimum requirements, the conductor will be considered satisfactory. 
Immediately following the IR tests, all arrester units which have been 
removed shall be reinstalled.
    (3) Test equipment. (i) IR measurements shall be made with either an 
insulation resistance test set or a direct current (dc) bridge type 
megohmmeter.

[[Page 505]]

    (ii) The IR test set shall have an output voltage not to exceed 500 
volts dc and shall be of the hand cranked or battery operated type.
    (iii) The dc bridge type megohmmeter, which may be alternating 
current (ac) powered, shall have scales and multiplier which make it 
possible to accurately read IR from 1 megohm to 1 gigohm. The voltage 
applied to the conductors under test shall not exceed ``250 volts dc'' 
when using an instrument having adjustable test voltage levels. This 
will help to prevent breakdown of lightning arresters.
    (4) Applicable results. (i) For all new insulated cable or wire 
facilities, the expected IR levels are normally greater than 1,000 to 
2,000 megohm-mile (1,609 to 3,218 megohm-km). A value of 500 megohm-mile 
(805 megohm-km) at 68 [deg]F (20 [deg]C) shall be the minimum acceptable 
value of IR. IR varies inversely with the length and the temperature.
    (ii) The megohm-mile (megohm-km) value for a conductor may be 
computed by multiplying the actual scale reading in megohms on the test 
set by the length in miles (km) of the conductor under test.
    (iii) The objective insulation resistance may be determined by 
dividing 500 by the length in miles (805 by the length in km) of the 
cable or wire conductor being tested. The resulting value shall be the 
minimum acceptable meter scale reading in megohms.
    (iv) Due to the differences between various insulating materials and 
filling compounds used in manufacturing cable or wire, it is impractical 
to provide simple factors to predict the magnitude of variation in 
insulation resistance due to temperature. The variation can, however, be 
substantial for wide excursions in temperature from the ambient 
temperature of 68 [deg]F (20 [deg]C).
    (v) Borrowers should be certain that tip and ring IR measurements of 
each pair are approximately the same. Borrowers should also be certain 
that IR measurements are similar for cable or wire sections of similar 
length and cable or wire type. If some pairs measure significantly 
lower, borrowers should attempt to improve these pairs in accordance 
with cable manufacturer's recommendations.

    Note: Only the megohm-mile (megohm-km) requirement shall be cause 
for rejection, not individual measurement differences.

    (5) Data record. The measurement data shall be recorded. Suggested 
formats similar to Format I, Outside Plant Acceptance Tests--Subscriber 
Loops, or Format II, Outside Plant Acceptance Tests--Trunk Circuits, in 
Sec.  1755.407 or formats specified in the applicable construction 
contract may be used.
    (6) Probable causes for nonconformance. (i) When an IR measurement 
is below 500 megohm-mile (805 megohm-km), the cable or wire temperature 
at the time of testing must then be taken into consideration. If this 
temperature is well above 68 [deg]F (20 [deg]C), the measurement shall 
be disregarded and the cable or wire shall be remeasured at a time when 
the temperature is approximately 68 [deg]F (20 [deg]C). If the result is 
then 500 megohm-mile (805 megohm-km) or greater, the cable or wire shall 
be considered satisfactory.
    (ii) Should the cable or wire fail to meet the 500 megohm-mile (805 
megohm-km) requirement when the temperature is known to be approximately 
68 [deg]F (20 [deg]C) there is not yet justification for rejection of 
the cable or wire. Protectors, lightning arresters, etc., may be a 
source of low insulation resistance. These devices shall be removed from 
the cable or wire and the cable or wire IR measurement shall be 
repeated. If the result is acceptable, the cable or wire shall be 
considered acceptable. The removed devices which caused the low 
insulation resistance value shall be identified and replaced, if found 
defective.
    (iii) When the cable or wire alone is still found to be below the 
500 megohm-mile (805 megohm-km) requirement after completing the steps 
in paragraph (c)(6)(i) and/or paragraph (c)(6)(ii) of this section, the 
test shall be repeated to measure the cable or wire in sections to 
isolate the piece(s) of cable or wire responsible. The cable or wire 
section(s) that is found to be below the 500 megohm-mile (805 megohm-km) 
requirement shall be either repaired in accordance with the cable or 
wire manufacturer's recommended procedure or shall be replaced as 
directed by the borrower.

[[Page 506]]

    (d) Dc loop resistance and dc resistance unbalance measurement. (1) 
When specified by the borrower, dc loop resistance and dc resistance 
unbalance measurements shall be made on all cable pairs used as trunk 
circuits. The dc loop resistance and dc resistance unbalance 
measurements shall be made between CO locations. Measurements shall 
include all components of the cable path.
    (2) Dc loop resistance and dc resistance unbalance measurements 
shall be made on all cable pairs used as subscriber loop circuits when:
    (i) Specified by the borrower;
    (ii) A large number of long loops terminate at one location (similar 
to trunk circuits); or
    (iii) Circuit balance is less than 60 dB when computed from noise 
measurements as described in paragraph (e) of this section.
    (3) Dc resistance unbalance is controlled to the maximum possible 
degree by the cable specification. Allowable random unbalance is 
specified between tip and ring conductors within each reel. Further 
random patterns should occur when the cable conductor size changes. 
Cable meeting the unbalance requirements of the cable specification may 
under some conditions result in unacceptable noise levels as discussed 
in paragraph (d)(6)(iii) of this section.
    (4) Method of measurement. The method of measurement shall be as 
detailed in Figures 4 and 5.
    (5) Test equipment. The test equipment is shown in Figures 4 and 5 
as follows:

[[Page 507]]

[GRAPHIC] [TIFF OMITTED] TR02MY97.026


[[Page 508]]


[GRAPHIC] [TIFF OMITTED] TR02MY97.027

    (6) Applicable results. (i) The measured dc loop resistance shall be 
within 5% of the calculated dc loop resistance 
when corrected for temperature.
    (ii) The calculated dc loop resistance is computed as follows:
    (A) Multiply the length of each different gauge by the applicable 
resistance per unit length as shown in Table 3 as follows:

[[Page 509]]



           Table 3--DC Loop Resistance @ 68 [deg]F (20 [deg]C)
------------------------------------------------------------------------
                                                  Loop resistance
        American wire gauge (AWG)        -------------------------------
                                           ohms/1000 ft       ohms/km
------------------------------------------------------------------------
19......................................            16.1            52.8
22......................................            32.4           106.3
24......................................            51.9           170.3
26......................................            83.3           273.3
------------------------------------------------------------------------

    (B) Add the individual resistances for each gauge to give the total 
calculated dc loop resistance at a temperature of 68 [deg]F (20 [deg]C).
    (C) Correct the total calculated dc loop resistance at the 
temperature of 68 [deg]F (20 [deg]C) to the measurement temperature by 
the following formulae:

Rt = R68 x [1 + 0.0022 x t - 68)] for English 
Units
Rt = R20 x [1 + 0.0040 x (t - 20)] for Metric 
Units

Where:

Rt = Loop resistance at the measurement temperature in ohms.
R68 = Loop resistance at a temperature of 68 [deg]F in ohms.
R20 = Loop resistance at a temperature of 20 [deg]C in ohms.
t = Measurement temperature in [deg]F or ([deg]C).

    (D) Compare the calculated dc loop resistance at the measurement 
temperature to the measured dc loop resistance to determine compliance 
with the requirement specified in paragraph (d)(6)(i) of this section.
    (iii) Resistance varies directly with temperature change. For copper 
conductor cables, the dc resistance changes by 1% 
for every 5 [deg]F (2.8 [deg]C) change in 
temperature from 68 [deg]F (20 [deg]C).
    (iv) The dc resistance unbalance between the individual conductors 
of a pair shall not exceed that value which will result in a circuit 
balance of less than 60 dB when computed from noise measurements as 
described in paragraph (e) of this section. It is impractical to 
establish a precise limit for overall circuit dc resistance unbalance 
due to the factors controlling its contribution to circuit noise. These 
factors include location of the resistance unbalance in relation to a 
low impedance path to ground (close to the central office) and the 
magnitude of unbalance in short lengths of cable making up the total 
circuit length. The objective is to obtain the minimum unbalance 
throughout the entire circuit when it is ascertained through noise 
measurements that dc resistance unbalance may be contributing to poor 
cable balance.
    (v) Pairs with poor noise balance may be improved by reversing tip 
and ring conductors of pairs at cable splices. Where dc resistance 
unbalances are systematic over the total trunk circuit or loop circuit 
length, tip and ring reversals may be made at frequent intervals. Where 
the unbalances are concentrated in a shorter section of cable, only one 
tip and ring reversal should be required. Concentrated dc resistance 
unbalance produces maximum circuit noise when located adjacent to the 
central office. Concentrated dc resistance unbalance will contribute to 
overall circuit noise at a point approximately two-thirds (\2/3\) of the 
distance to the subscriber. All deliberate tip and ring reversals shall 
be tagged and identified to prevent plant personnel from removing the 
reversals when resplicing these connections in the future. The number of 
tip and ring reversals shall be held to a minimum.
    (vi) A systematic dc resistance unbalance can sometimes be 
accompanied by other cable parameters that are marginal. Among these are 
pair-to-pair capacitance unbalance, capacitance unbalance-to-ground, and 
150 kilohertz (kHz) crosstalk loss. Engineering judgment has to be 
applied in each case. Rejection of cable for excessive dc resistance 
unbalance shall only apply to a single reel length, or shorter.
    (7) Data record. The measurement data for dc loop resistance and dc 
resistance unbalance shall be recorded. Suggested formats similar to 
Format I for subscriber loops and Format II for trunk circuits in Sec.  
1755.407 or formats

[[Page 510]]

specified in the applicable construction contract may be used.
    (8) Probable causes for nonconformance. Dc loop resistance and dc 
resistance unbalance are usually the result of the resistance of 
individual conductors used in the manufacture of the cable. Resistance 
unbalance can be worsened by defective splicing of the conductors 
(splicing connectors, improper crimping tool, etc.).
    (e) Subscriber loop measurement (loop checking). (1) When specified 
by the borrower, insertion loss and noise measurements shall be 
performed on subscriber loops after connection of a line circuit to the 
loop by the one person method using loop checking equipment from the 
customer access location. For this method, the central office should be 
equipped with a 900 ohm plus two microfarad quiet termination and a 
milliwatt generator having the required test frequencies; or a portable 
milliwatt generator having the desired frequencies may be used, 
especially, where several small offices are involved.
    (2) At a minimum, insertion loss and frequency response of 
subscriber loop plant shall be measured at 1,000, 1,700, 2,300, and 
2,800 Hertz (Hz). When additional testing frequencies are desired, the 
additional frequencies shall be specified in the applicable construction 
contract.
    (3) Measurements of insertion loss and noise shall be made on five 
percent or more of the pairs. A minimum of five pairs shall be tested on 
each route. Pairs shall be selected on a random basis with greater 
consideration in the selection given to the longer loops. Consideration 
shall be given to measuring a large percentage, up to 100 percent, of 
all loops.
    (4) Method of measurement--(i) Insertion loss. The step-by-step 
measurement procedure shall be as shown in Figure 6. The output level of 
the milliwatt generator tones shall be determined prior to leaving the 
CO. This shall be accomplished by dialing the milliwatt generator number 
from a spare line at the MDF and measuring with the same equipment to be 
used in the tests at customer access locations. The output levels shall 
be recorded for reference later. Insertion loss measurements shall be 
made across the tip and ring terminals of the pair under test. Figure 6 
is as follows:

[[Page 511]]

[GRAPHIC] [TIFF OMITTED] TR02MY97.028

    (ii) Noise. The step-by-step measurement procedure shall be as shown 
in Figure 7. Prior to leaving the CO for testing, dial the 900 ohm plus 
two microfarad quiet termination from a spare pair and measure the 
termination to determine that it actually is quiet. Circuit noise 
(noise-metallic) shall be measured at the customer access location 
across the tip and ring terminals of the pair under test. Power 
influence (direct reading with loop checking equipment) shall be 
measured at the customer access location from tip and ring conductors-
to-ground (this connection is completed via the test

[[Page 512]]

unit). The power influence measurement includes the entire talking 
connection from the quiet termination to the customer. (That is, the 
power influence measurement includes all the CO equipment which normally 
makes up the connection.) Figure 7 is as follows:
[GRAPHIC] [TIFF OMITTED] TR02MY97.029

    (5) Test equipment. (i) Loop checking equipment which is available 
from several manufacturers may be used for these measurements. The 
equipment

[[Page 513]]

should have the capability of measuring loop current, insertion loss, 
circuit noise (NM) and power influence (PI). The test equipment 
manufacturer's operating instructions shall be followed.
    (ii) There should be no measurable transmission loss when testing 
through loop extenders.
    (6) Applicable results--(i) Insertion loss. (A) For D66 loaded 
cables (a specific loading scheme using a 66 millihenry inductor spaced 
nominally at 4,500 ft [1,371 m] intervals) measured at a point one-half 
section length beyond the last load point, the measured nonrepeated 
insertion loss shall be within 10% at 1000, 1700, 
2300, and 2800 Hz, 15% at 3400 Hz and 20% at 4000 Hz of the calculated insertion loss at the 
same frequencies and temperature.
    (B) For H88 loaded cables (a specific loading scheme using an 88 
millihenry inductor spaced nominally at 6,000 ft [1,829 m] intervals) 
measured at a point one-half section length beyond the last load point, 
the measured nonrepeatered insertion loss shall be within 10% at 1000, 1700, and 2300 Hz, 15% at 2800 Hz, and 20% at 3400 Hz 
of the calculated insertion loss at the same frequencies and 
temperature.
    (C) For nonloaded cables, the measured insertion loss shall be 
within 10% at 1000, 1700, 2300, and 2800 Hz, 
15% at 3400 Hz and 20% at 
4000 Hz of the calculated insertion loss at the same frequencies and 
temperature.
    (D) For loaded cables, the calculated loss at each desired frequency 
shall be computed as follows:
    (1) Multiply the length in miles (km) of each different gauge in the 
loaded portion of the loop (between the office and a point one-half load 
section beyond the furthest load point) by the applicable decibel (dB)/
mile (dB/km) value shown in Table 4 or 5. This loss represents the total 
loss for each gauge in the loaded portion of the loop;
    (2) Multiply the length in miles (km) of each different gauge in the 
end section or nonloaded portion of the cable (beyond a point one-half 
load section beyond the furthest load point) by the applicable dB/mile 
(dB/km) value shown in Table 6. This loss represents the total loss for 
each gauge in the nonloaded portion of the loop; and
    (3) The total calculated insertion loss is computed by adding the 
individual losses determined in paragraphs (e)(6)(i)(D)(1) and 
(e)(6)(i)(D)(2) of this section.
    (E) For nonloaded cables, the calculated loss at each desired 
frequency shall be computed by multiplying the length in miles (km) of 
each different gauge by the applicable dB/mile (dB/km) value shown in 
Table 6 and then adding the individual losses for each gauge to 
determine the total calculated insertion loss for the nonloaded loop.
    (F) The attenuation information in Tables 4, 5, and 6 are based on a 
cable temperature of 68 [deg]F (20 [deg]C). Insertion loss varies 
directly with temperature. To convert measured losses for loaded cables 
to a different temperature, use the following value for copper 
conductors: For each 5 [deg]F (2.8 [deg]C) change in the temperature from 68 [deg]F (20 
[deg]C), change the insertion loss at any frequency by 1%. To convert measured losses for nonloaded cables to a 
different temperature, use the following value for copper conductors: 
For each 10 [deg]F (5.6 
[deg]C) change in the temperature from 68 [deg]F (20 [deg]C), change the 
insertion loss at any frequency by 1%. Tables 4, 
5, and 6 are as follows:

Table 4--Frequency Attenuation @ 68 [deg]F (20 [deg]C) D66 Loaded Exchange Cables 83 nanofarad (nF)/mile (52 nF/
                                                 km) (See Note)
----------------------------------------------------------------------------------------------------------------
                                                                Attenuation dB/mile (dB/km) AWG
               Frequency (Hz)                -------------------------------------------------------------------
                                                     19               22               24               26
----------------------------------------------------------------------------------------------------------------
200.........................................      0.41 (0.26)      0.67 (0.42)      0.90 (0.56)      1.21 (0.75)
400.........................................      0.43 (0.26)      0.77 (0.48)      1.09 (0.68)      1.53 (0.95)
600.........................................      0.44 (0.27)      0.80 (0.49)      1.17 (0.73)      1.70 (1.06)
800.........................................      0.44 (0.27)      0.81 (0.50)      1.21 (0.75)      1.80 (1.12)
1000........................................      0.44 (0.27)      0.82 (0.51)      1.23 (0.76)      1.86 (1.15)
1200........................................      0.45 (0.28)      0.83 (0.52)      1.24 (0.77)      1.91 (1.19)
1400........................................      0.45 (0.28)      0.83 (0.52)      1.26 (0.78)      1.94 (1.20)
1600........................................      0.45 (0.28)      0.84 (0.52)      1.26 (0.78)      1.96 (1.22)
1800........................................      0.45 (0.28)      0.84 (0.52)      1.27 (0.78)      1.98 (1.23)

[[Page 514]]

 
2000........................................      0.46 (0.29)      0.85 (0.53)      1.28 (0.79)      1.99 (1.24)
2200........................................      0.46 (0.29)      0.85 (0.53)      1.29 (0.80)      2.01 (1.25)
2400........................................      0.47 (0.29)      0.86 (0.53)      1.30 (0.81)      2.02 (1.26)
2600........................................      0.47 (0.29)      0.87 (0.54)      1.31 (0.81)      2.04 (1.27)
2800........................................      0.48 (0.30)      0.88 (0.55)      1.32 (0.82)      2.07 (1.29)
3000........................................      0.49 (0.30)      0.89 (0.55)      1.34 (0.83)      2.10 (1.30)
3200........................................      0.50 (0.31)      0.91 (0.57)      1.36 (0.84)      2.13 (1.32)
3400........................................      0.52 (0.32)      0.93 (0.58)      1.40 (0.87)      2.19 (1.36)
3600........................................      0.54 (0.34)      0.97 (0.60)      1.45 (0.90)      2.26 (1.40)
3800........................................      0.57 (0.35)      1.02 (0.63)      1.52 (0.94)      2.36 (1.47)
4000........................................      0.62 (0.38)      1.10 (0.68)      1.63 (1.01)      2.53 (1.57)
----------------------------------------------------------------------------------------------------------------
Note: Between end-section lengths of 2,250 ft (686 m) for D66 loading.


  Table 5--Frequency Attenuation @ 68 [deg]F (20 [deg]C) H88 Loaded Exchange Cables 83 nF/ mile (52 nF/km) (See
                                                      Note)
----------------------------------------------------------------------------------------------------------------
                                                                Attenuation dB/mile (dB/km) AWG
               Frequency (Hz)                -------------------------------------------------------------------
                                                     19               22               24               26
----------------------------------------------------------------------------------------------------------------
200.........................................      0.40 (0.25)      0.66 (0.41)      0.90 (0.56)      1.20 (0.75)
400.........................................      0.42 (0.26)      0.76 (0.47)      1.08 (0.67)      1.53 (0.95)
600.........................................      0.43 (0.27)      0.79 (0.49)      1.16 (0.72)      1.70 (1.06)
800.........................................      0.43 (0.27)      0.80 (0.50)      1.20 (0.75)      1.80 (1.12)
1000........................................      0.43 (0.27)      0.81 (0.50)      1.23 (0.76)      1.86 (1.15)
1200........................................      0.44 (0.27)      0.82 (0.51)      1.24 (0.77)      1.91 (1.19)
1400........................................      0.44 (0.28)      0.82 (0.51)      1.25 (0.78)      1.94 (1.20)
1600........................................      0.44 (0.27)      0.83 (0.52)      1.26 (0.78)      1.97 (1.22)
1800........................................      0.45 (0.28)      0.84 (0.52)      1.28 (0.79)      1.99 (1.24)
2000........................................      0.46 (0.29)      0.85 (0.53)      1.29 (0.80)      2.02 (1.26)
2200........................................      0.47 (0.29)      0.86 (0.53)      1.31 (0.81)      2.06 (1.28)
2400........................................      0.48 (0.30)      0.89 (0.55)      1.34 (0.83)      2.10 (1.30)
2600........................................      0.50 (0.31)      0.92 (0.57)      1.39 (0.86)      2.18 (1.35)
2800........................................      0.53 (0.33)      0.97 (0.60)      1.47 (0.91)      2.29 (1.42)
3000........................................      0.59 (0.37)      1.07 (0.66)      1.60 (0.99)      2.48 (1.54)
3200........................................      0.71 (0.44)      1.26 (0.78)      1.87 (1.16)      2.86 (1.78)
3400........................................      1.14 (0.71)      1.91 (1.19)      2.64 (1.64)      3.71 (2.30)
3600........................................      4.07 (2.53)      4.31 (2.68)      4.65 (2.90)      5.30 (3.29)
3800........................................      6.49 (4.03)      6.57 (4.08)      6.72 (4.18)      7.06 (4.39)
4000........................................      8.22 (5.11)      8.27 (5.14)      8.36 (5.19)      8.58 (5.33)
----------------------------------------------------------------------------------------------------------------
Note: Between end-section lengths of 3,000 ft (914 m) for H88 loading.


   Table 6--Frequency Attenuation @ 68 [deg]F (20 [deg]C) Nonloaded Exchange Cables 83 nF/ mile (52 nF/km) AWG
----------------------------------------------------------------------------------------------------------------
                                                                Attenuation dB/mile (dB/km) AWG
               Frequency (Hz)                -------------------------------------------------------------------
                                                     19               22               24               26
----------------------------------------------------------------------------------------------------------------
200.........................................      0.58 (0.36)      0.82 (0.51)      1.03 (0.64)      1.30 (0.81)
400.........................................      0.81 (0.51)      1.15 (0.71)      1.45 (0.90)      1.84 (1.14)
600.........................................      0.98 (0.61)      1.41 (0.87)      1.77 (1.10)      2.26 (1.40)
800.........................................      1.13 (0.70)      1.62 (1.01)      2.04 (1.27)      2.60 (1.61)
1000........................................      1.25 (0.78)      1.80 (1.12)      2.28 (1.42)      2.90 (1.80)
1200........................................      1.36 (0.84)      1.97 (1.22)      2.50 (1.55)      3.17 (1.97)
1400........................................      1.46 (0.91)      2.12 (1.32)      2.69 (1.67)      3.42 (2.12)
1600........................................      1.55 (0.96)      2.26 (1.40)      2.87 (1.78)      3.65 (2.27)
1800........................................      1.63 (1.01)      2.39 (1.48)      3.04 (1.89)      3.87 (2.40)
2000........................................      1.71 (1.06)      2.51 (1.56)      3.20 (1.99)      4.08 (2.53)
2200........................................      1.78 (1.11)      2.62 (1.63)      3.35 (2.08)      4.27 (2.65)
2400........................................      1.85 (1.15)      2.73 (1.70)      3.49 (2.17)      4.45 (2.76)
2600........................................      1.91 (1.19)      2.83 (1.76)      3.62 (2.25)      4.63 (2.88)
2800........................................      1.97 (1.22)      2.93 (1.82)      3.75 (2.33)      4.80 (2.98)
3000........................................      2.03 (1.26)      3.02 (1.88)      3.88 (2.41)      4.96 (3.08)
3200........................................      2.08 (1.29)      3.11 (1.93)      4.00 (2.48)      5.12 (3.18)
3400........................................      2.13 (1.32)      3.19 (1.98)      4.11 (2.55)      5.27 (3.27)
3600........................................      2.18 (1.35)      3.28 (2.04)      4.22 (2.62)      5.41 (3.36)

[[Page 515]]

 
3800........................................      2.22 (1.38)      3.36 (2.09)      4.33 (2.69)      5.55 (3.45)
4000........................................      2.27 (1.41)      3.43 (2.13)      4.43 (2.75)      5.69 (3.53)
----------------------------------------------------------------------------------------------------------------

    (G) For loaded subscriber loops, the 1 kHz loss shall be 
approximately 0.45 dB per 100 ohms of measured dc loop resistance. This 
loss shall be the measured loss less the net gain of any voice frequency 
repeaters in the circuit. Testing shall also be conducted to verify that 
the loss increases gradually as the frequency increases. The loss on H88 
loaded loops should be down only slightly at 2.8 kHz but drop rapidly 
above 2.8 kHz. The loss on D66 loaded loops shall be fairly constant to 
about 3.4 kHz and there shall be good response at 4.0 kHz. When voice 
frequency repeaters are in the circuit there will be some frequency 
weighting in the build-out network and the loss at the higher 
frequencies will be greater than for nonrepeatered loops.
    (H) For nonloaded subscriber loops, the 1 kHz loss shall be 
approximately 0.9 dB per 100 ohms of measured dc loop resistance. 
Testing shall also be conducted to verify that the loss is approximately 
a straight line function with no abrupt changes. The 3 kHz loss should 
be approximately 70% higher than the 1 kHz loss.
    (ii) Noise. The principal objective related to circuit noise (noise-
metallic) and the acceptance of new plant is that circuit noise levels 
be 20 dBrnc or less (decibels above reference noise, C-message weighted 
(a weighting derived from listening tests, to indicate the relative 
annoyance or speech impairment by an interfering signal of frequency (f) 
as heard through a ``500-type'' telephone set)). For most new, properly 
installed, plant construction, circuit noise will usually be 
considerably less than 20 dBrnc unless there are unusually long sections 
of telephone plant in parallel with electric power facilities and/or 
power influence of paralleling electric facilities is abnormally high. 
When circuit noise is 20 dBrnc or less, the loop plant shall be 
considered acceptable. When measured circuit noise is greater than 20 
dBrnc, loop plant shall still be considered acceptable providing circuit 
balance (power influence reading minus circuit noise readings) is 60 dB 
or greater and power influence readings are 85 dBrnc or greater. When 
circuit noise is greater than 20 dBrnc and circuit balance is less than 
60 dB and/or power influence is less than 85 dBrnc, loop plant shall not 
be considered acceptable and the loop plant shall be remedied to make 
circuit balance equal to or greater than 60 dB.
    (7) Data record. Measurement data shall be recorded. A suggested 
format similar to Format I for subscriber loops in Sec.  1755.407 or a 
format specified in the applicable construction contract may be used.
    (8) Probable causes for nonconformance--(i) Insertion loss. Some of 
the more common causes for failing to obtain the desired results may be 
due to reversed load coil windings, missing load coils, bridge taps 
between load coils, load coil spacing irregularities, excessive end 
sections, cables having high or low mutual capacitance, load coils 
having the wrong inductance, load coils inadvertently installed in 
nonloaded loops, moisture or water in cable, split pairs, and improperly 
spliced connections. The above factors can occur singularly or in 
combination. Experience to date indicates that the most common problems 
are missing load coils, reversed load coil windings or bridge taps.
    (ii) Noise. Some of the common causes for failing to obtain the 
desired results may be due to high power influence from paralleling 
electrical power systems, poor telephone circuit balance, discontinuous 
cable shields, inadequate bonding and grounding of cable shields, high 
capacitance unbalance-to-ground of the cable pairs, high dc loop 
resistance unbalance, dc loop current less than 20 milliamperes, etc. 
The

[[Page 516]]

above factors can occur singularly or in combination. See TE&CM Section 
451, Telephone Noise Measurement and Mitigation, for steps to be taken 
in reducing telecommunications line noise.
    (f) One-person open circuit measurement (subscriber loops). (1) When 
specified by the borrower, open circuit measurements shall be made on 
all loaded and nonloaded subscriber loops upon completion of the cable 
work to verify that the plant is free from major impedance 
irregularities.
    (2) For loaded loops, open circuit measurements shall be made using 
one of the following methods:
    (i) Impedance or pulse return pattern, with cable pair trace 
compared to that of an artificial line of the same length and gauge. For 
best results, a level tracer or fault locator with dual trace capability 
is required;
    (ii) Return loss using a level tracer, with cable pair compared to 
an artificial line of the same length and gauge connected in lieu of a 
Precision Balance Network (PBN). This method can be made with level 
tracers having only single trace capability; or
    (iii) Open circuit structural return loss using a level tracer. This 
method can be made with level tracer having only single trace 
capability.
    (3) Of the three methods suggested for loaded loops, the method 
specified in paragraph (f)(2)(ii) of this section is the preferred 
method because it can yield both qualitative and quantitative results. 
The methods specified in paragraphs (f)(2)(i) and (f)(2)(iii) of this 
section can be used as trouble shooting tools should irregularities be 
found during testing.
    (4) For nonloaded loops, open circuit measurements shall be made 
using the method specified in paragraph (f)(2)(i) of this section.
    (5) Method of measurement. Open circuit measurements shall be made 
at the CO on each loaded and nonloaded pair across the tip and ring 
terminals of the pair under test. All CO equipment shall be disconnected 
at the MDF for this test. For loaded loops containing voice frequency 
repeaters installed in the CO or field mounted, the open circuit 
measurement shall be made after the repeaters have been disconnected. 
Where field mounted repeaters are used, the open circuit measurement 
shall be made at the repeater location in both directions.
    (i) Impedance or pulse return pattern. The step-by-step measurement 
procedure using the impedance or pulse return pattern for loaded and 
nonloaded loops shall be as shown in Figure 8. An artificial line of the 
same makeup as the cable to be tested shall be set up. The traces of the 
impedance or pulse return pattern from the cable pair and the artificial 
line shall be compared and should be essentially identical. If the 
impedance or pulse return traces from the cable pair are different than 
the artificial line trace, cable faults are possible. When the cable 
pair trace indicates possible defects, the defects should be identified 
and located. One method of identifying and locating defects involves 
introducing faults into the artificial line until its trace is identical 
with the cable trace.
    (ii) Return loss balanced to artificial line. The step-by-step 
measurement procedure using the return loss balanced to artificial line 
for loaded loops shall be as shown in Figure 9. An artificial line of 
the same makeup as the cable to be tested shall be set up. The 
artificial line is connected to the external network terminals of the 
test set. The cable pair under test is compared to this standard. When 
defects are found, they should be identified and located by introducing 
faults into the artificial line. This is more difficult than with the 
method referenced in paragraph (f)(5)(i) of this section since this 
measurement is more sensitive to minor faults and only a single trace is 
used.
    (iii) Open circuit structural return loss using level tracer. The 
step-by-step measurement procedure using the level tracer for loaded 
loops shall be as shown in Figure 10. The cable pair is compared to a 
PBN.
    (6) Test equipment. Equipment for performing these tests is shown in 
Figures 8 through 10. For loaded loops, artificial loaded lines must be 
of the same gauge and loading scheme as the line under test. For 
nonloaded loops, artificial nonloaded lines must be of the same gauge as 
the line under test. Artificial lines should be arranged using

[[Page 517]]

switches or other quick connect arrangements to speed testing and 
troubleshooting. Figures 8 through 10 are as follows:
[GRAPHIC] [TIFF OMITTED] TR02MY97.030


[[Page 518]]


[GRAPHIC] [TIFF OMITTED] TR02MY97.031


[[Page 519]]


[GRAPHIC] [TIFF OMITTED] TR02MY97.032

    (7) Applicable results. (i) For loaded and nonloaded loops, the two 
traces in the pulse return pattern or impedance method (paragraph 
(f)(5)(i) of this section) shall be essentially identical. The degree of 
comparison required of the two traces is to be determined by experience.
    (ii) For loaded loops, results for return loss measurements using a 
level tracer, with artificial line, in lieu of a PBN (paragraph 
(f)(5)(ii) of this section) shall meet the following requirements:
    (A) For D66 and H88 loaded cables the structural return loss (SRL) 
values shall range between 28 and 39 dB, respectively, at the critical 
frequency of structural return loss (CFSRL) within the pass band of the 
loading system being used. The minimum SRL value for uniform gauge shall 
be 25 dB CFSRL. These SRL values apply for loaded cables of uniform 
gauge for the

[[Page 520]]

entire length of the subscriber loop circuit. Subscriber loop circuits 
shall meet the loading spacing deviations and the cable mutual 
capacitance requirements in the applicable RUS cable specifications;
    (B) For mixed gauge loaded cables the SRL values shall be 25 and 27 
dB CFSRL, respectively, and the minimum SRL value shall be 22 dB CFSRL; 
and
    (C) The two traces in the pulse return pattern should be essentially 
identical. The degree of comparison required of the two traces is 
determined by experience.
    (iii) For loaded loops, the results of open circuit structural 
return loss measurements using a level tracer (paragraph (f)(5)(iii) of 
this section) shall meet the following requirements. For D66 and H88 
loaded cables with uniform or mixed gauges, the worst value allowed for 
measured open circuit structural return loss between 1,000-3,500 Hz and 
1,000-3,000 Hz, respectively, shall be approximately 0.9 dB (round trip) 
for each 100 ohms outside plant dc loop resistance including the 
resistance of the load coils. The value of 0.9 dB per 100 ohms for the 
round trip loss remains reasonably accurate as long as:
    (A) The subscriber end section of the loaded pair under test is 
approximately 2,250 ft (685 m) for D66 loading or 3,000 ft (914 m) for 
H88 loading in length; and
    (B) The one-way 1,000 Hz loss does not exceed 10 dB.
    (iv) For loaded loops, the measured value of open circuit structural 
return loss can only be as accurate as the degree to which the dc loop 
resistance of the loaded pair under test is known. Most accurate results 
shall be obtained when the dc loop resistance is known by actual 
measurements as described in paragraph (d) of this section. Furthermore, 
where the dc loop resistance is measured at the same time as the open 
circuit structural return loss, no correction for temperature is needed 
because the loss is directly proportional to the loop resistance. Where 
it is not practical to measure the dc loop resistance, it shall be 
calculated and corrected for temperature as specified in paragraph 
(d)(6)(ii) of this section. When measuring existing plant, care shall be 
taken to verify the accuracy of the records, if they are used for the 
calculation of the dc loop resistance. For buried plant, the temperature 
correction shall be based at the normal depth of the cable in the 
ground. (Temperature can be measured by boring a hole to cable depth 
with a ground rod, placing a thermometer in the ground at the cable 
depth, and taking and averaging several readings during the course of 
the resistance measurements.) For aerial cable it shall be based on the 
temperature inside the cable sheath.
    (v) For loaded loops, the best correlation between the measured and 
the expected results shall be obtained when the cable is of one gauge, 
one size, and the far end section is approximately 2,250 ft (685 m) for 
D66 loading or 3,000 ft (914 m) for H88 loading. Mixing gauges and cable 
sizes will result in undesirable small reflections whose frequency 
characteristics and magnitude cannot be accurately predicted. In 
subscriber loop applications, cable gauge may be somewhat uniform but 
the cable pair size most likely will not be uniform as cable pair sizes 
taper off toward the customer access location and a downward adjustment 
of 1 dB of the allowed value shall be acceptable. ``Long'' end sections 
(as defined in TE&CM Section 424, ``Guideline for Telecommunications 
Subscriber Loop Plant'') lower the expected value, a further downward 
adjustment of 3 dB in the allowed value shall be acceptable.
    (vi) For loaded loops, the limiting factor when making open circuit 
structural return loss measurements is when the 1,000 Hz one-way loss of 
the loaded cable pair under test becomes 10 dB or greater; it becomes 
difficult to detect the presence of irregularities beyond the 10 dB 
point on the loop. To overcome this difficulty, loaded loops having a 
one-way loss at 1,000 Hz greater than 10 dB shall be opened at some 
convenient point (such as a pedestal or ready access enclosure) and loss 
measurements at the individual portions measuring less than 10 dB one-
way shall be made separately. When field mounted voice frequency 
repeaters are used, the measurement shall be made at the repeater 
location in both directions.
    (8) Data record. (i) When performing a pulse return pattern or 
impedance open

[[Page 521]]

circuit measurement on loaded and nonloaded loops, a ``check mark'' 
indicating that the pair tests good or an ``X'' indicating that the pair 
does not test good shall be recorded in the SRL column. A suggested 
format similar to Format I for subscriber loops in Sec.  1755.407 or a 
format specified in the applicable construction contract may be used.
    (ii) When performing open circuit return loss measurements using the 
return loss balanced to an artificial line or return loss using a level 
tracer on loaded loops, the value of the poorest (lowest numerical 
value) SRL and its frequency in the proper column between 1,000 and 
3,500 Hz for D66 loading or between 1,000 and 3,000 Hz for H88 loading 
shall be recorded. A suggested format similar to Format I for subscriber 
loops in Sec.  1755.407 or a format specified in the applicable 
construction contract may be used.
    (9) Probable causes for nonconformance. Some of the more common 
causes for failing to obtain the desired results may be due to reversed 
load coil windings, missing load coils, bridge taps between load coils, 
load coil spacing irregularities, excessive end sections, cables having 
high or low mutual capacitance, load coils inadvertently installed in 
nonloaded loops, moisture or water in the cable, load coils having the 
wrong inductance, split pairs, and improperly spliced connectors. The 
above can occur singularly or in combination. Experience to date 
indicates that the most common problems are missing load coils, reversed 
load coil windings or bridge taps.
    (g) Cable insertion loss measurement (carrier frequencies). (1) When 
specified by the borrower, carrier frequency insertion loss measurements 
shall be made on cable pairs used for T1, T1C, and/or station carrier 
systems. Carrier frequency insertion loss shall be made on a minimum of 
three pairs. Select at least one pair near the outside of the core unit 
layup. If the three measured pairs are within 10% of the calculated loss 
in dB corrected for temperature, no further testing is necessary. If any 
of the measured pairs of a section are not within 10% of the calculated 
loss in dB, all pairs in that section used for carrier transmission 
shall be measured.
    (2) Method of measurement. The step-by-step method of measurement 
shall be as shown in Figure 11.
    (3) Test equipment. The test equipment is shown in Figure 11 as 
follows:

[[Page 522]]

[GRAPHIC] [TIFF OMITTED] TR02MY97.033

    (4) Applicable results. (i) The highest frequency to be measured is 
determined by the type of carrier system. For T1 type carrier, the 
highest frequency is normally 772 kHz. For T1C type carrier, the highest 
frequency is normally 1576 kHz. The highest frequency to be measured for 
station carrier is 140 kHz.
    (ii) The measured insertion loss of the cable shall be within 10% of the calculated loss in dB when the loss is 
corrected for temperature.
    (iii) The calculated insertion loss is computed as follows:

[[Page 523]]

    (A) Multiply the length of each different gauge by the applicable dB 
per unit length as shown in Table 7 or 8 as follows:

               Table 7--Cable Attenuation @ 68 [deg]F (20 [deg]C) Filled Cables--Solid Insulation
----------------------------------------------------------------------------------------------------------------
               Frequency (kHz)                              Attenuation dB/mile (dB/km) Gauge (AWG)
----------------------------------------------------------------------------------------------------------------
                                                     19               22               24               26
----------------------------------------------------------------------------------------------------------------
10..........................................        2.8 (1.7)        4.8 (2.9)        6.4 (3.9)        8.5 (5.3)
20..........................................        3.2 (2.0)        5.8 (3.6)        8.2 (5.1)       11.2 (6.9)
40..........................................        3.6 (2.2)        6.5 (4.0)        9.6 (6.0)       13.9 (8.6)
60..........................................        4.0 (2.5)        6.9 (4.2)       10.3 (6.4)       15.2 (9.4)
80..........................................        4.5 (2.8)        7.3 (4.5)       10.7 (6.6)       16.0 (9.9)
100.........................................        4.9 (3.0)        7.7 (4.7)       11.1 (6.8)      16.5 (10.2)
112.........................................        5.2 (3.2)        8.0 (4.9)       11.3 (7.0)      16.8 (10.5)
120.........................................        5.4 (3.3)        8.1 (5.0)       11.5 (7.1)      17.0 (10.6)
140.........................................        5.8 (3.6)        8.6 (5.3)       11.9 (7.4)      17.4 (10.8)
160.........................................        6.2 (3.8)        9.0 (5.6)       12.3 (7.6)      17.8 (11.1)
180.........................................        6.6 (4.1)        9.5 (5.9)       12.7 (7.9)      18.2 (11.3)
200.........................................        7.0 (4.3)       10.0 (6.2)       13.2 (8.2)      18.6 (11.5)
300.........................................        8.7 (5.4)       12.2 (7.5)       15.4 (9.6)      20.6 (12.8)
400.........................................       10.0 (6.2)       14.1 (8.8)      17.7 (11.0)      22.9 (14.2)
500.........................................       11.2 (6.9)       15.9 (9.8)      19.8 (12.3)      25.2 (15.6)
600.........................................       12.2 (7.5)      17.5 (10.9)      21.8 (13.6)      27.4 (17.0)
700.........................................       13.2 (8.2)      19.0 (11.8)      23.6 (14.7)      29.6 (18.4)
772.........................................       13.8 (8.5)      19.9 (12.4)      24.8 (15.4)      31.4 (19.5)
800.........................................       14.2 (8.8)      20.1 (12.5)      27.4 (17.1)      31.7 (19.7)
900.........................................       14.8 (9.2)      21.6 (13.4)      29.0 (18.0)      33.8 (21.0)
1000........................................       15.8 (9.8)      22.7 (14.1)      31.1 (19.3)      35.9 (22.3)
1100........................................      16.4 (10.2)      23.8 (14.8)      32.7 (20.3)      38.0 (23.6)
1200........................................      17.4 (10.8)      24.8 (15.4)      34.3 (21.3)      40.0 (24.9)
1300........................................      17.9 (11.1)      25.9 (16.1)      35.4 (22.0)      41.7 (25.9)
1400........................................      19.0 (11.8)      26.9 (16.7)      37.0 (23.0)      43.3 (26.9)
1500........................................      19.5 (12.1)      28.0 (17.4)      38.0 (23.6)      44.3 (27.6)
1576........................................      20.1 (12.4)      29.0 (18.0)      39.0 (24.3)      44.4 (28.2)
----------------------------------------------------------------------------------------------------------------


              Table 8--Cable Attenuation @ 68 [deg]F (20 [deg]C) Filled Cables--Expanded Insulation
----------------------------------------------------------------------------------------------------------------
                                                            Attenuation dB/mile (dB/km) Gauge (AWG)
               Frequency (kHz)               -------------------------------------------------------------------
                                                     19               22               24               26
----------------------------------------------------------------------------------------------------------------
10..........................................        3.0 (1.8)        4.9 (3.0)        6.5 (4.0)        8.6 (5.3)
20..........................................        3.5 (2.1)        6.0 (4.1)        8.5 (5.2)       11.5 (7.1)
40..........................................        4.0 (2.5)        7.0 (4.3)       10.2 (6.3)       14.4 (8.9)
60..........................................        4.5 (2.8)        7.5 (4.6)       11.1 (6.8)       16.0 (9.9)
80..........................................        5.2 (3.3)        7.9 (4.9)       11.3 (6.9)      16.2 (10.1)
100.........................................        5.8 (3.6)        8.4 (5.2)       11.6 (7.2)      16.4 (10.2)
112.........................................        6.0 (3.8)        8.8 (5.4)       11.9 (7.4)      16.6 (10.3)
120.........................................        6.2 (3.9)        9.0 (5.6)       12.1 (7.5)      16.9 (10.5)
140.........................................        6.6 (4.1)        9.5 (5.9)       12.7 (7.9)      17.2 (10.7)
160.........................................        6.9 (4.3)       10.0 (6.2)       13.2 (8.2)      17.4 (10.8)
180.........................................        7.4 (4.6)       10.6 (6.6)       13.7 (8.5)      17.9 (11.1)
200.........................................        7.9 (4.9)       11.1 (6.9)       14.2 (8.8)      18.5 (11.5)
300.........................................        9.5 (5.9)       13.2 (8.2)      16.8 (10.5)      21.6 (13.4)
400.........................................       11.1 (6.9)       15.3 (9.5)      19.5 (12.1)      24.3 (15.1)
500.........................................       12.1 (7.5)      17.9 (11.1)      22.2 (13.8)      27.4 (17.1)
600.........................................       13.7 (8.5)      19.5 (12.1)      24.3 (15.1)      29.6 (18.4)
700.........................................       14.8 (9.2)      21.1 (13.1)      26.4 (16.4)      32.2 (20.0)
772.........................................       15.3 (9.5)      21.6 (13.4)      27.4 (17.1)     33.8 (21.90)
800.........................................       15.8 (9.8)      22.2 (13.8)      28.0 (17.4)      34.4 (21.3)
900.........................................      17.0 (10.5)      23.8 (14.8)      29.6 (18.4)      36.4 (22.6)
1000........................................      17.4 (10.8)      24.8 (15.4)      31.1 (19.3)      38.5 (23.9)
1100........................................      17.9 (11.1)      26.4 (16.4)      33.3 (20.7)      40.6 (25.3)
1200........................................      19.0 (11.8)       27.4 (17.1      34.3 (21.3)      42.2 (26.2)
1300........................................      19.5 (12.1)      28.5 (17.7)      35.9 (22.3)      43.8 (27.2)
1400........................................       20.1 (12.5      29.6 (18.4)      37.0 (23.0)      45.9 (28.5)
1500........................................      20.6 (12.8)      30.6 (19.0)      38.5 (23.9)      47.5 (29.5)
1576........................................      21.6 (13.4)      31.1 (19.3)      39.1 (24.3)      48.6 (30.2)
----------------------------------------------------------------------------------------------------------------


[[Page 524]]

    (B) Add the individual losses for each gauge to give the total 
calculated insertion loss at a temperature of 68 [deg]F (20 [deg]C);
    (C) Correct the total calculated insertion loss at the temperature 
of 68 [deg]F (20 [deg]C) to the measurement temperature by the following 
formulae:

At = A68 x [1 + 0.0012 x (t - 68)] for English 
Units
At = A20 x [1 + 0.0022 x (t - 20)] for Metric 
Units

Where:

At = Insertion loss at the measurement temperature in dB.
A68 = Insertion loss at a temperature of 68 [deg]F in dB.
A20 = Insertion loss at a temperature of 20 [deg]C in dB.
t = Measurement temperature in [deg]F or ([deg]C); and

    (D) Compare the calculated insertion loss at the measurement 
temperature to the measured insertion loss to determine compliance with 
the requirement specified in paragraph (g)(4)(ii) of this section. 
(Note: Attenuation varies directly with temperature. For each 10 [deg]F (5.6 [deg]C) change in temperature increase or 
decrease the attenuation by 1%.)
    (iv) If the measured value exceeds the 10% 
allowable variation, the cause shall be determined and corrective action 
shall be taken to remedy the problem.
    (5) Data record. Results of carrier frequency insertion loss 
measurements for station, T1, and/or T1C type carrier shall be recorded. 
Suggested formats similar to Format III, Outside Plant Acceptance 
Tests--T1 or T1C Carrier Pairs, and Format IV, Outside Plant Acceptance 
Tests--Station Carrier Pairs, in Sec.  1755.407 or formats specified in 
the applicable construction contract may be used.
    (6) Probable causes for nonconformance. If the measured loss is low, 
the cable records are likely to be in error. If the measured loss is 
high, there may be bridge taps, load coils or voice frequency build-out 
capacitors connected to the cable pairs or the cable records may be in 
error. Figures 12 and 13 are examples that show the effects of bridge 
taps and load coils in the carrier path. Figures 12 and 13 are as 
follows:

[[Page 525]]

[GRAPHIC] [TIFF OMITTED] TR02MY97.034


[[Page 526]]


[GRAPHIC] [TIFF OMITTED] TR02MY97.035


[62 FR 23962, May 2, 1997]



Sec.  1755.404  Fiber optic cable telecommunications plant measurements.

    (a) Armor continuity. (1) Tests and measurements shall be made to 
ensure that the armor of fiber optic cables is continuous. There are two 
areas of concern. The first is armor bonding within a splice and the 
second is armor continuity between splices.
    (2) Measurement techniques outlined here for verification of armor 
continuity are applicable to buried fiber optic cable plant. 
Measurements of armor continuity between splices in aerial, armored, 
fiber optic cable should be made prior to completion of splicing. 
Conclusive results cannot be obtained on aerial plant after all bonds 
have been completed to the supporting strand, multigrounded neutral, 
etc.
    (3) Method of measurement. Armor continuity within splices shall be 
measured with a cable shield splice

[[Page 527]]

continuity test set. The step-by-step measurement procedure outlined in 
the manufacturer's operating instructions for the specific test 
equipment being used shall be followed.
    (4) Test equipment. A cable shield splice continuity tester shall be 
used to measure armor continuity within splices.
    (5) Applicable results. When utilizing shield continuity testers to 
measure armor continuity within splices, refer to the manufacturer's 
published information covering the specific test equipment to be used 
and for anticipated results.
    (6) Data record. Measurement data from armor continuity tests shall 
be recorded together with anticipated values in an appropriate format to 
permit comparison. The recorded data shall include specific location, 
cable size, and cable type, if known, etc.
    (7) Probable causes for nonconformance. Among probable causes for 
nonconformance are broken or damaged armors, bad bonding harnesses, 
poorly connected bonding clamps, loose bonding lugs, etc.
    (b) Fiber optic splice loss measurement. (1) After placement of all 
fiber optic cable plant has been completed and spliced together to form 
a continuous optical link between end termination points, splice loss 
measurements shall be performed on all field and central office splice 
points.
    (2) Method of measurement. (i) Field splice loss measurements shall 
be made between the end termination points at 1310 and/or 1550 
nanometers for single mode fibers and in accordance with Figure 14. Two 
splice loss measurements shall be made between the end termination 
points. The first measurement shall be from termination point A to 
termination point B. The second measurement shall be from termination 
point B to termination point A.
    (ii) CO splice loss measurements shall be made at 1310 and/or 1550 
nanometers for single mode fibers and in accordance with Figure 15. Two 
splice loss measurements shall be made between the end termination 
points. The first measurement shall be from termination point A to 
termination point B. The second measurement shall be from termination 
point B to termination point A.
    (3) Test equipment. The test equipment is shown in Figures 14 and 
15. The optical time domain reflectometer (OTDR) used for the testing 
should have dual wave length capability. Figures 14 and 15 are as 
follows:

[[Page 528]]

[GRAPHIC] [TIFF OMITTED] TR02MY97.036


[[Page 529]]


[GRAPHIC] [TIFF OMITTED] TR02MY97.037

    (4) Applicable results. (i) The splice loss for each single mode 
field splice shall be the bi-directional average of the two OTDR 
readings. To calculate the actual splice loss, substitute the OTDR 
readings maintaining the sign of the loss (+) or apparent gain (-) into 
the following equation:

[[Page 530]]

[GRAPHIC] [TIFF OMITTED] TN07MY97.000

    (ii) When specified in the applicable construction contract, the 
splice loss of each field splice at 1310 and/or 1550 nanometers shall 
not exceed the limit specified in the contract.
    (iii) When no limit is specified in the applicable construction 
contract, the splice loss of each field splice shall not exceed 0.2 dB 
at 1310 and/or 1550 nanometers.
    (iv) The splice loss for each single mode CO splice shall be the bi-
directional average of the two OTDR reading. To calculate actual splice 
loss, substitute the OTDR reading, maintaining the sign of the loss (+) 
or apparent gain (-), into the equation specified in paragraph (b)(4)(i) 
of this section.
    (v) When specified in the applicable construction contract, the 
splice loss of each central office splice at 1310 and/or 1550 nanometers 
shall not exceed the limit specified in the contract.
    (vi) When no limit is specified in the applicable construction 
contract, the splice loss of each central office splice shall not exceed 
1.2 dB at 1310 and/or 1550 nanometers.
    (5) Data record. The measurement data shall be recorded. A suggested 
format similar to Format V, Outside Plant Acceptance Test--Fiber Optic 
Telecommunications Plant, in Sec.  1755.407 or a format specified in the 
applicable construction contract may be used.
    (6) Probable causes for nonconformance. When the results of the 
splice loss measurements exceed the specified limits the following 
factors should be checked:
    (i) Proper end preparation of the fibers;
    (ii) End separation between the fiber ends;
    (iii) Lateral misalignment of fiber cores;
    (iv) Angular misalignment of fiber cores;
    (v) Fresnel reflection;
    (vi) Contamination between fiber ends;
    (vii) Core deformation; or
    (viii) Mode-field diameter mismatch.
    (c) End-to-end attenuation measurement. (1) After placement of all 
fiber optic cable plant has been completed and spliced together to form 
a continuous optical link between end termination points, end-to-end 
attenuation measurements shall be performed on each optical fiber within 
the cable.
    (2) Method of measurement. For single mode fibers, the end-to-end 
attenuation measurements of each optical fiber at 1310 and/or 1550 
nanometers in each direction between end termination points shall be 
performed in accordance with Figure 16.
    (3) Test equipment. The test equipment is shown in Figure 16 as 
follows:

[[Page 531]]

[GRAPHIC] [TIFF OMITTED] TR02MY97.038

    (4) Applicable results. The end-to-end attenuation of each single 
mode optical fiber at 1310 and/or 1550 nanometers shall not exceed the 
limits specified in the applicable construction contract.
    (5) Data record. The measurement data shall be recorded. A suggested 
format similar to Format V for fiber optic telecommunications plant in 
Sec.  1755.407 or on a format specified in the applicable construction 
contract may be used.
    (6) Probable causes for nonconformance. Failure of each optical 
fiber to meet the end-to-end attenuation limit could be attributed to 
the following:
    (i) Excessive field or central office splice loss;
    (ii) Excessive cable attenuation; or

[[Page 532]]

    (iii) Damage to the fiber optic cable during installation.
    (d) End-to-end fiber signature measurement. (1) After placement of 
all fiber optic cable plant has been completed and spliced together to 
form a continuous optical link between end termination points, end-to-
end fiber signature testing shall be performed on each optical fiber 
within the cable.
    (2) Method of measurement. For single mode fibers, the end-to-end 
fiber signature measurement of each optical fiber in each direction 
shall be performed between end termination points at 1310 and/or 1550 
nanometers in accordance with Figure 17.
    (3) Test equipment. The test equipment is shown in Figure 17 as 
follows:

[[Page 533]]

[GRAPHIC] [TIFF OMITTED] TR02MY97.039

    (4) Applicable results. The appearance of each optical fiber between 
end termination points.
    (5) Data record. Plot the trace of each optical fiber and retain as 
a permanent record for future comparison if needed.
    (6) Probable causes for nonconformance. None.

[62 FR 23989, May 2, 1997; 62 FR 25017, May 7, 1997]

[[Page 534]]



Sec.  1755.405  Voiceband data transmission measurements.

    (a) The data transmission measurements listed in this section shall 
be used to determine the acceptability of trunk and nonloaded subscriber 
loop circuits for data modem transmission.
    (b) Signal-to-C notched noise (S/CNN) measurement. (1) When 
specified by the borrower, S/CNN measurements shall be made on trunk 
circuits and nonloaded subscriber loops. For trunk circuits, the 
measurement shall be made between CO locations. For nonloaded subscriber 
loops, the measurement shall be made from the CO to the station 
protector of the NID at the customer's access location.
    (2) S/CNN is the logarithmic ratio expressed in dB of a 1,004 Hz 
holding tone signal compared to the C-message weighted noise level. S/
CNN is one of the most important transmission parameters affecting the 
performance of data transmission because proper modem operation requires 
low noise relative to received power level. Since modulated carriers are 
used in data communication systems, noise measurements need to be 
performed with power on the connection to activate equipment having 
signal-level-dependent noise sources. For 4 kHz channels, a 1,004 Hz 
holding tone is used to activate the signal-dependent equipment on the 
channel or connection.
    (3) Method of measurement. The S/CNN measurement shall be made using 
a 1,004 Hz holding tone at -13 dBm0 (decibels relative to one milliwatt, 
referred to a zero transmission level point) and performed in accordance 
with American National Standards Institute (ANSI) T1.506-1990, American 
National Standard for Telecommunications--Network Performance--
Transmission Specifications for Switched Exchange Access Network 
including supplement ANSI T1.506a-1992, and American National Standards 
Institute/Institute of Electrical and Electronics Engineers (ANSI/IEEE) 
743-1984, IEEE Standard Methods and Equipment for Measuring the 
Transmission Characteristics of Analog Voice Frequency Circuits. The 
ANSI T1.506-1990, American National Standard for Telecommunications--
Network Performance--Transmission Specifications for Switched Exchange 
Access Network is incorporated by reference in accordance with 5 U.S.C. 
522(a) and 1 CFR part 51. Copies of ANSI T1.506-1990 are available for 
inspection during normal business hours at RUS, room 2845, U.S. 
Department of Agriculture, STOP 1598, Washington, DC 20250-1598, or at 
the National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or go 
to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. Copies are available 
from ANSI, Customer Service, 11 West 42nd Street, New York, New York 
10036, telephone number (212) 642-4900. The ANSI/IEEE 743-1984, IEEE 
Standard Methods and Equipment for Measuring the Transmission 
Characteristics of Analog Voice Frequency Circuits is incorporated by 
reference in accordance with 5 U.S.C. 522(a) and 1 CFR part 51. Copies 
of ANSI/IEEE 743-1984 are available for inspection during normal 
business hours at RUS, room 2845, U.S. Department of Agriculture, STOP 
1598, Washington, DC 20250-1598, or at the National Archives and Records 
Administration. Copies are available from ANSI, Customer Service, 11 
West 42nd Street, New York, New York 10036, telephone number (212) 642-
4900.
    (4) Test equipment. The equipment for performing the measurement 
shall be in accordance with ANSI/IEEE 743-1984.
    (5) Applicable results. The S/CNN for both trunk and nonloaded 
subscriber loop circuits shall not be less than 31 dB.
    (6) Data record. The measurement data shall be recorded. Suggested 
formats similar to Format VI, Voiceband Data Transmission Tests--
Nonloaded Subscriber Loops, and Format VII, Voiceband Data Transmission 
Tests--Trunk Circuits, in Sec.  1755.407 or formats specified in the 
applicable construction contract may be used.
    (7) Probable causes for nonconformance. Some of the causes for 
failing to obtain the desired results may be due to excessive harmonic 
distortion, quantizing noise, phase and amplitude jitter, and loss in 
digital pads used for level settings.
    (c) Signal-to-intermodulation distortion (S/IMD) measurement. (1) 
When specified

[[Page 535]]

by the borrower, S/IMD measurements shall be made on trunk circuits and 
nonloaded subscriber loops. For trunk circuits, the measurement shall be 
made between CO locations. For nonloaded subscriber loops, the 
measurement shall be made from the CO to the station protector of the 
NID at the customer's access location.
    (2) S/IMD is a measure of the distortion produced by extraneous 
frequency cross products, known as intermodulation products, when a 
multi-tone tone signal is applied to a system.
    (3) Intermodulation distortion (IMD) is caused by system 
nonlinearities acting upon the harmonic frequencies produced from an 
input of multiple tones. The products resulting from IMD can be more 
damaging than noise in terms of producing data transmission errors.
    (4) IMD is measured as a signal to distortion ratio and is expressed 
as the logarithmic ratio in dB of the composite power of four resulting 
test frequencies to the total power of specific higher order distortion 
products that are produced. The higher order products are measured at 
both the 2nd order and 3rd order and are designated R2 and R3, 
respectively. The four frequency testing for IMD is produced with four 
tones of 857, 863, 1,372, and 1,388 Hz input at a composite power level 
of -13 dBm0.
    (5) Method of measurement. The S/IMD measurement shall be performed 
in accordance with ANSI T1.506-1990 and ANSI/IEEE 743-1984.
    (6) Test equipment. The equipment for performing the measurement 
shall be in accordance with ANSI/IEEE 743-1984.
    (7) Applicable results. The 2nd order (R2) S/IMD for both trunk and 
nonloaded subscriber loop circuits shall not be less than 40 dB. The 3rd 
order (R3) S/IMD for both trunk and nonloaded subscriber loop circuits 
shall not be less than 40 dB.
    (8) Data record. The measurement data shall be recorded. Suggested 
formats similar to Format VI for nonloaded subscriber loops and Format 
VII for trunk circuits in Sec.  1755.407 or formats specified in the 
applicable construction contract may be used.
    (9) Probable causes for nonconformance. Some of the causes for 
failing to obtain the desired results may be due to channel 
nonlinearities, such as compression and clipping, which cause harmonic 
and intermodulation distortion in a voiceband signal.
    (d) Envelope delay distortion (EDD) measurement. (1) When specified 
by the borrower, EDD measurements shall be made on trunk circuits and 
nonloaded subscriber loops. For trunk circuits, the measurement shall be 
made between CO locations. For nonloaded subscriber loops, the 
measurement shall be made from the CO to the station protector of the 
NID at the customer's access location.
    (2) EDD is a measure of the linearity or uniformity of the phase 
versus frequency characteristics of a transmission facility. EDD is also 
known as relative envelope delay (RED).
    (3) EDD is specifically defined as the delay relative to the 
envelope delay at the reference frequency of 1,704 Hz. EDD is typically 
measured at two frequencies, one low and one high in the voiceband. The 
low frequency measurement is made at 604 Hz. The high frequency 
measurement is made at 2,804 Hz.
    (4) Method of measurement. The EDD measurement shall be performed in 
accordance with ANSI T1.506-1990 and ANSI/IEEE 743-1984.
    (5) Test equipment. The equipment for performing the measurement 
shall be in accordance with ANSI/IEEE 743-1984.
    (6) Applicable results. The EDD for both trunk and nonloaded 
subscriber loop circuits at the low frequency of 604 Hz shall not exceed 
1,500 microseconds. The EDD for both trunk and nonloaded subscriber loop 
circuits at the high frequency of 2,804 Hz shall not exceed 1,000 
microseconds.
    (7) Data record. The measurement data shall be recorded. Suggested 
formats similar to Format VI for nonloaded subscriber loops and Format 
VII for trunk circuits in Sec.  1755.407 or formats specified in the 
applicable construction contract may be used.
    (8) Probable causes for nonconformance. Some of the causes for 
failing to obtain the desired results may be due to nonlinearity of the 
phase versus frequency

[[Page 536]]

characteristic of the transmission facility. This nonlinear phase versus 
frequency characteristic of the transmission facility causes the various 
frequency components to travel at different transit times which results 
in successively transmitted data pulses to overlap at the receive end. 
The overlapping of the pulses at the receive end results in distortion 
of the received signal. Excessive EDD on the transmission facility may 
be reduced using data modems with equalization or by conditioning the 
transmission line.
    (e) Amplitude jitter (AJ) measurement. (1) When specified by the 
borrower, AJ measurements shall be made on trunk circuits and nonloaded 
subscriber loops. For trunk circuits, the measurement shall be made 
between CO locations. For nonloaded subscriber loops, the measurement 
shall be made from the CO to the station protector of the NID at the 
customer's access location.
    (2) AJ is any fluctuation in the peak amplitude value of a fixed 
tone signal at 1,004 Hz from its nominal value. AJ is expressed in peak 
percent amplitude modulation.
    (3) AJ is measured in two separate frequency bands, 4-300 Hz and 20-
300 Hz. The 4-300 Hz band is important for modems employing echo 
canceling capabilities. The 20-300 Hz band is used for modems that do 
not employ echo cancelers.
    (4) Amplitude modulation can affect the error performance of 
voiceband data modems. The measurement of amplitude jitter indicates the 
total effect on the amplitude of the holding tone of incidental 
amplitude modulation and other sources including quantizing and message 
noise, impulse noise, gain hits, phase jitter, and additive tones such 
as single-frequency interference.
    (5) Method of measurement. The AJ measurement shall be performed in 
accordance with ANSI T1.506-1990 and ANSI/IEEE 743-1984.
    (6) Test equipment. The equipment for performing the measurement 
shall be in accordance with ANSI/IEEE 743-1984.
    (7) Applicable results. The AJ for both trunk and nonloaded 
subscriber loop circuits in the 4-300 Hz frequency band shall not exceed 
6%. The AJ for both trunk and nonloaded subscriber loop circuits in the 
20-300 Hz frequency band shall not exceed 5%.
    (8) Data record. The measurement data shall be recorded. Suggested 
formats similar to Format VI for nonloaded subscriber loops and Format 
VII for trunk circuits in Sec.  1755.407 or formats specified in the 
applicable construction contract may be used.
    (9) Probable causes for nonconformance. Some of the causes for 
failing to obtain the desired results may be due to excessive S/CNN, 
impulse noise, and phase jitter.
    (f) Phase jitter (PJ) measurement. (1) When specified by the 
borrower, PJ measurements shall be made on trunk circuits and nonloaded 
subscriber loops. For trunk circuits, the measurement shall be made 
between CO locations. For nonloaded subscriber loops, the measurement 
shall be made from the CO to the station protector of the NID at the 
customer's access location.
    (2) PJ is any fluctuation in the zero crossings of a fixed tone 
signal (usually 1,004 Hz) from their nominal position in time within the 
voiceband. PJ is expressed in terms of either degrees peak-to-peak 
([deg] p-p) or in terms of a Unit Interval (UI). One UI is equal to 
360[deg] p-p.
    (3) PJ measurements are typically performed in two nominal frequency 
bands. The frequency bands are 20-300 Hz band and either the 2-300 Hz 
band or the 4-300 Hz band. The 20-300 Hz band is important to all phase-
detecting modems. The 4-300 Hz band or the 2-300 Hz band is important 
for modems employing echo canceling capabilities.
    (4) Phase jitter can affect the error performance of voiceband data 
modems that use phase detection techniques. The measurement of phase 
jitter indicates the total effect on the holding tone of incidental 
phase modulation and other sources including quantizing and message 
noise, impulse noise, phase hits, additive tones such as single-
frequency interference, and digital timing jitter.
    (5) Method of measurement. The PJ measurement shall be performed in 
accordance with ANSI T1.506-1990 and ANSI/IEEE 743-1984.
    (6) Test equipment. The equipment for performing the measurement 
shall be in accordance with ANSI/IEEE 743-1984.

[[Page 537]]

    (7) Applicable results. The PJ for both trunk and nonloaded 
subscriber loop circuits in the 4-300 Hz frequency band shall not exceed 
6.5[deg] p-p. The PJ for both trunk and nonloaded subscriber loop 
circuits in the 20-300 Hz frequency band shall not exceed 10.0[deg] p-p.
    (8) Data record. The measurement data shall be recorded. Suggested 
formats similar to Format VI for nonloaded subscriber loops and Format 
VII for trunk circuits in Sec.  1755.407 or formats specified in the 
applicable construction contract may be used.
    (9) Probable causes for nonconformance. Some of the causes for 
failing to obtain the desired results may be due to excessive S/CNN, 
impulse noise, and amplitude jitter.
    (g) Impulse noise measurement. (1) When specified by the borrower, 
impulse noise measurements shall be made on trunk circuits and nonloaded 
subscriber loops. For trunk circuits, the measurement shall be made 
between CO locations. For nonloaded subscriber loops, the measurement 
shall be made from the CO to the station protector of the NID at the 
customer's access location.
    (2) Impulse noise is a measure of the presence of unusually large 
noise excursions of short duration that are beyond the normal background 
noise levels on a facility. Impulse noise is typically measured by 
counting the number of occurrences beyond a particular noise reference 
threshold in a given time interval. The noise reference level is C-
message weighted.
    (3) Method of measurement. The impulse noise measurement shall be 
performed using a 1,004 Hz tone at -13 dBm0 and in accordance with ANSI 
T1.506-1990 and ANSI/IEEE 743-1984.
    (4) Test equipment. The equipment for performing the measurement 
shall be in accordance with ANSI/IEEE 743-1984.
    (5) Applicable results. The impulse noise for both trunk and 
nonloaded subscriber loop circuits shall not exceed 65 dBrnC0 (decibels 
relative to one picowatt reference noise level, measured with C-message 
frequency weighting, referred to a zero transmission level point). The 
impulse noise requirement shall be based upon a maximum of 5 counts in a 
5 minute period at equal to or greater than the indicated noise 
thresholds.
    (6) Data record. The measurement data shall be recorded. Suggested 
formats similar to Format VI for nonloaded subscriber loops and Format 
VII for trunk circuits in Sec.  1755.407 or formats specified in the 
applicable construction contract may be used.
    (7) Probable causes for nonconformance. Some of the causes for 
failing to obtain the desired results may be due to excessive transient 
signals originating from the various switching operations.

[62 FR 23996, May 2, 1997, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  1755.406  Shield or armor ground resistance measurements.

    (a) Shield or armor ground resistance measurements shall be made on 
completed lengths of copper cable and wire plant and fiber optic cable 
plant.
    (b) Method of measurement. (1) The shield or armor ground resistance 
measurement shall be made between the copper cable and wire shield and 
ground and between the fiber optic cable armor and ground, respectively. 
The measurement shall be made either on cable and wire lengths before 
splicing and before any ground connections are made to the cable or wire 
shields or armors. Optionally, the measurement may be made on cable and 
wire lengths after splicing, but all ground connections must be removed 
from the section under test.
    (2) The method of measurement using either an insulation resistance 
test set or a dc bridge type megohmmeter shall be as shown in Figure 18 
as follows:

[[Page 538]]

[GRAPHIC] [TIFF OMITTED] TR02MY97.040

    (c) Test equipment. (1) The shield or armor ground resistance 
measurements may be made using an insulation resistance test set, a dc 
bridge type megohmmeter, or a commercially available fault locator.
    (2) The insulation resistance test set should have an output voltage 
not to exceed 500 volts dc and may be hand cranked or battery operated.
    (3) The dc bridge type megohmmeter, which may be ac powered, should 
have

[[Page 539]]

scales and multipliers which make it possible to accurately read 
resistance values of 50,000 ohms to 10 megohms. The voltage that is 
applied to the shield or armor during the test should not be less than 
``250 volts dc'' nor greater than ``1,000 volts dc'' when using an 
instrument having adjustable test voltage levels.
    (4) Commercially available fault locators may be used in lieu of the 
above equipment, if the devices are capable of detecting faults having 
resistance values of 50,000 ohms to 10 megohms. Operation of the devices 
and method of locating the faults should be in accordance with 
manufacturer's instructions.
    (d) Applicable results. (1) For all new copper cable and wire 
facilities and all new fiber optic cable facilities, the shield or armor 
ground resistance levels normally exceed 1 megohm-mile (1.6 megohm-km) 
at 68 [deg]F (20 [deg]C). A value of 100,000 ohm-mile (161,000 ohm-km) 
at 68 [deg]F (20 [deg]C) shall be the minimum acceptable value of the 
shield or armor ground resistance.
    (2) Shield or armor ground resistance varies inversely with length 
and temperature. In addition other factors which may affect readings 
could be soil conditions, faulty test equipment and incorrect test 
procedures.
    (3) For the resistance test method and dc bridge type megohmmeter, 
the ohm-mile (ohm-km) value for the shield or armor ground resistance 
shall be computed by multiplying the actual scale reading in ohms on the 
test set by the length in miles (km) of the cable or wire under test.
    (4)(i) The objective shield or armor ground resistance may be 
determined by dividing 100,000 by the length in miles (161,000 by the 
length in km) of the cable or wire under test. The resulting value is 
the minimum acceptable meter scale reading in ohms. Examples for 
paragraphs (d)(3) and (d)(4) of this section are as follows:

Equation 1. Test Set: Scale Reading * Length = Resistance-Length
75,000 ohms * 3 miles = 225,000 ohm-mile
(75,000 ohms * 4.9 km = 367,000 ohm-km)

Equation 2. 100,000 ohm-mile / Length = Minimum Acceptable Meter Scale 
Reading
100,000 ohm-mile / 3 miles = 33,333 ohms
(161,000 ohm-km / 4.9 km = 32,857 ohms)

    (ii) Since the 33,333 ohms (32,857 ohms) is the minimum acceptable 
meter scale reading and the meter scale reading was 75,000 ohms, the 
cable is considered to have met the 100,000 ohm-mile (161,000 ohm-km) 
requirement.
    (5) Due to the differences between various jacketing materials used 
in manufacturing cable or wire and to varying soil conditions, it is 
impractical to provide simple factors to predict the magnitude of 
variation in shield or armor to ground resistance due to temperature. 
The variations can, however, be substantial for wide excursions in 
temperature from the ambient temperature of 68 [deg]F (20 [deg]C).
    (e) Data record. The data shall be corrected to the length 
requirement of ohm-mile (ohm-km) and a temperature of 68 [deg]F (20 
[deg]C) and shall be recorded on a form specified in the applicable 
construction contract.
    (f) Probable causes for nonconformance. (1) When results of 
resistance measurements are below the 100,000 ohm-mile (161,000 ohm-km) 
requirement at 68 [deg]F (20 [deg]C), the jacket temperature, soil 
conditions, test equipment and method shall be reviewed before the cable 
or wire is considered a failure. If the temperature is approximately 68 
[deg]F (20 [deg]C) and soil conditions are acceptable, and a reading of 
less than 100,000 ohm-mile (161,000 ohm-km) is indicated, check the 
calibration of the equipment; as well as, the test method. If the 
equipment was found to be out of calibration, recalibrate the equipment 
and remeasure the cable or wire. If the temperature was 86 [deg]F (30 
[deg]C) or higher, the cable or wire shall be remeasured at a time when 
the temperature is approximately 68 [deg]F (20 [deg]C). If the test was 
performed in unusually wet soil, the cable or wire shall be retested 
after the soil has reached normal conditions. If after completion of the 
above steps, the resistance value of 100,000 ohm-mile (161,000 ohm-km) 
or greater is obtained, the cable or wire shall be considered 
acceptable.
    (2) When the resistance value of the cable or wire is still found to 
be below 100,000 ohm-mile (161,000 ohm-km) requirement after completion 
of the steps listed in paragraph (f)(1) of this

[[Page 540]]

section, the fault shall be isolated by performing shield or armor 
ground resistance measurements on individual cable or wire sections.
    (3) Once the fault or faults have been isolated, the cable or wire 
jacket shall be repaired in accordance with Sec.  1755.200, RUS Standard 
for Splicing Copper and Fiber Optic Cables or the entire cable or wire 
section may be replaced at the request of the borrower.

[62 FR 23998, May 2, 1997]



Sec.  1755.407  Data formats.

    The following suggested formats listed in this section may be used 
for recording the test data:
[GRAPHIC] [TIFF OMITTED] TR02MY97.041


[[Page 541]]


[GRAPHIC] [TIFF OMITTED] TR02MY97.042


[[Page 542]]


[GRAPHIC] [TIFF OMITTED] TR02MY97.043


[[Page 543]]


[GRAPHIC] [TIFF OMITTED] TR02MY97.044


[[Page 544]]


[GRAPHIC] [TIFF OMITTED] TR02MY97.045


[[Page 545]]


[GRAPHIC] [TIFF OMITTED] TR02MY97.046


[[Page 546]]


[GRAPHIC] [TIFF OMITTED] TR02MY97.047


[62 FR 24000, May 2, 1997]



Sec. Sec.  1755.408-1755.499  [Reserved]



Sec.  1755.500  RUS standard for service installations at 
customers access locations.

    (a) Sections 1755.501 through 1755.510 cover service installations 
at permanent or mobile home customer access locations. Sections 1755.501 
through 1755.510 do not cover service installations at customer access 
locations associated with boat yards or marinas.
    (b) Service installations for customer access locations in boat 
yards or marinas shall be performed in accordance with Article 800, 
Communications Circuits, of the American National Standards Institute/
National Fire Protection Association (ANSI/NFPA) 70-1999, National 
Electrical Code [supreg] (NEC [supreg]). The National Electrical Code 
[supreg] and NEC [supreg] are registered trademarks of the National Fire 
Protection Association, Inc., Quincy, MA 02269. The ANSI/NFPA 70-

[[Page 547]]

1999, NEC [supreg] is incorporated by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies are available from NFPA, 1 
Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101, 
telephone number 1 (800) 344-3555. Copies of ANSI/NFPA 70-1999, NEC 
[supreg], are available for inspection during normal business hours at 
Rural Utilities Service (RUS), room 2905, U.S. Department of 
Agriculture, 1400 Independence Avenue, SW., STOP 1598, Washington, DC 
20250-1598, or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.

[66 FR 43317, Aug. 17, 2001, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  1755.501  Definitions applicable to Sec. Sec.  1755.501 through 1755.510.

    For the purpose of this section and Sec. Sec.  1755.502 through 
1755.510, the following terms are defined as follows:
    American National Standards Institute (ANSI). A private sector 
standards coordinating body which serves as the United States source and 
information center for all American National Standards.
    Ampacity. As defined in the ANSI/NFPA 70-1999, NEC [supreg]: The 
current, in amperes, that a conductor can carry continuously under the 
conditions of use without exceeding its temperature rating. (Reprinted 
with permission from NFPA 70-1999, the National Electrical Code 
[supreg], Copyright (copyright) 1998, National Fire 
Protection Association, Quincy, MA 02269. This reprinted material is not 
the complete and official position of the National Fire Protection 
Association, on the referenced subject which is represented only by the 
standard in its entirety.) The National Electrical Code [supreg] and NEC 
[supreg] are registered trademarks of the National Fire Protection 
Association, Inc., Quincy, MA 02269. The ANSI/NFPA 70-1999, NEC 
[supreg], is incorporated by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies are available from NFPA, 1 Batterymarch 
Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101, telephone number 
1 (800) 344-3555. Copies of ANSI/NFPA 70-1999, NEC [supreg], are 
available for inspection during normal business hours at RUS, room 2905, 
U.S. Department of Agriculture, 1400 Independence Avenue, SW., STOP 
1598, Washington, DC 20250-1598, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
    AWG. American Wire Gauge.
    BET. Building entrance terminal.
    Bonding (Bonded). As defined in the ANSI/NFPA 70-1999, NEC [supreg]: 
The permanent joining of metallic parts to form an electrically 
conductive path that will ensure electrical continuity and the capacity 
to conduct safely any current likely to be imposed. (Reprinted with 
permission from NFPA 70-1999, the National Electrical Code [supreg], 
Copyright (copyright) 1998, National Fire Protection 
Association, Quincy, MA 02269. This reprinted material is not the 
complete and official position of the National Fire Protection 
Association, on the referenced subject which is represented only by the 
standard in its entirety.)
    Bonding harness wire. A reliable electrical conductor purposefully 
connected between metal parts which are required to be electrically 
connected (bonded) to one another to ensure the metal parts are at 
similar electrical potential.
    Building entrance terminal (BET). A BET is comprised of a housing 
suitable for indoor and outdoor installation which contains quick-
connect or binding post terminals for terminating both 
telecommunications service cable conductors and inside wiring cable 
conductors. The BET also includes primary station protectors and a means 
of terminating the metallic shields of service entrance cables.
    Demarcation point (DP). As defined in the Federal Communications 
Commission (FCC) rules in 47 CFR part 68: The point of demarcation or 
interconnection between telecommunications company communications 
facilities and terminal equipment, protective apparatus, or wiring at a 
subscriber's premises. Carrier-installed facilities at, or constituting, 
the demarcation point

[[Page 548]]

shall consist of wire or a jack conforming to subpart F of 47 CFR part 
68. ``Premises'' as used herein generally means a dwelling unit, other 
building or a legal unit of real property such as a lot on which a 
dwelling unit is located, as determined by the telecommunications 
company's reasonable and nondiscriminatory standard operating practices. 
The ``minimum point of entry'' as used herein shall be either the 
closest practicable point to where the wiring crosses a property line or 
the closest practicable point to where the wiring enters a multiunit 
building or buildings. The telecommunications company's reasonable and 
nondiscriminatory standard operating practices shall determine which 
shall apply. The telecommunications company is not precluded from 
establishing reasonable clarifications of multiunit premises for 
determining which shall apply. Multiunit premises include, but are not 
limited to, residential, commercial, shopping center, and campus 
situations.
    (1) Single unit installations. For single unit installations 
existing as of August 13, 1990, and installations installed after that 
date, the demarcation point shall be a point within 12 inches (in.) (305 
millimeters (mm)) of the primary protector, where there is no protector, 
within 12 in. (305 mm) of where the telecommunications wire enters the 
customer's premises.
    (2) Multiunit installations. (i) In multiunit premises existing as 
of August 13, 1990, the demarcation point shall be determined in 
accordance with the local carrier's reasonable and nondiscriminatory 
standard operating practices. Provided, however, that where there are 
multiple demarcation points within the multiunit premises, a demarcation 
point for a customer shall not be further inside the customer's premises 
than a point 12 in. (305 mm) from where the wiring enters the customer's 
premises.
    (ii) In multiunit premises in which wiring is installed after August 
13, 1990, including additions, modifications, and rearrangements of 
wiring existing prior to that date, the telecommunications company may 
establish a reasonable and nondiscriminatory practice of placing the 
demarcation point at the minimum point of entry. If the 
telecommunications company does not elect to establish a practice of 
placing the demarcation point at the minimum point of entry, the 
multiunit premises owner shall determine the location of the demarcation 
point or points. The multiunit premises owner shall determine whether 
there shall be a single demarcation point for all customers or separate 
such locations for each customer. Provided, however, that where there 
are multiple demarcation points within the multiunit premises, a 
demarcation point for a customer shall not be further inside the 
customer's premises than a point 12 in. (305 mm) from where the wiring 
enters the customer's premises.
    DP. Demarcation point.
    Eligible country. Any country that applies with respect to the 
United States an agreement ensuring reciprocal access for United States 
products and services and United States suppliers to the markets of that 
country, as determined by the United States Trade Representative.
    FCC. Federal Communications Commission.
    Fuse link. As defined in the ANSI/NFPA 70-1999, NEC [supreg]: A fine 
gauge section of wire or cable that serves as a fuse (that is, open-
circuits to interrupt the current should it become excessive) that 
coordinates with the telecommunications cable and wire plant, and 
protective devices. (Reprinted with permission from NFPA 70-1999, the 
National Electrical Code [supreg], Copyright (copyright) 
1998, National Fire Protection Association, Quincy, MA 02269. This 
reprinted material is not the complete and official position of the 
National Fire Protection Association, on the referenced subject which is 
represented only by the standard in its entirety.)
    Grounding conductor. As defined in the ANSI/NFPA 70-1999, NEC 
[supreg]: A conductor used to connect equipment or the grounded circuit 
of a wiring system to a grounding electrode or electrodes. (Reprinted 
with permission from NFPA 70-1999, the National Electrical Code 
[supreg], Copyright (copyright) 1998, National Fire 
Protection Association, Quincy, MA 02269. This reprinted material is not 
the complete and official position of the National Fire Protection 
Association, on

[[Page 549]]

the referenced subject which is represented only by the standard in its 
entirety.)
    Listed. As defined in the ANSI/NFPA 70-1999, NEC [supreg]: 
Equipment, materials, or services included in a list published by an 
organization that is acceptable to the authority having jurisdiction and 
concerned with evaluation of products or services, that maintains 
periodic inspection of production of listed equipment or materials or 
periodic evaluation of services, and whose listing states that either 
the equipment, material, or services meets identified standards or has 
been tested and found suitable for a specified purpose. (Reprinted with 
permission from NFPA 70-1999, the National Electrical Code [supreg], 
Copyright (copyright) 1998, National Fire Protection 
Association, Quincy, MA 02269. This reprinted material is not the 
complete and official position of the National Fire Protection 
Association, on the referenced subject which is represented only by the 
standard in its entirety.)
    Manufactured home. As defined in the ANSI/NFPA 70-1999, NEC 
[supreg]: A factory-assembled structure or structures that bears a label 
identifying it as a manufactured home that is transportable in one or 
more sections, that is built on a permanent chassis and designed to be 
used as a dwelling with or without a permanent foundation where 
connected to the required utilities, and includes the plumbing, heating, 
air conditioning, and electric systems contained therein. Unless 
otherwise indicated, the term ``mobile home'' includes manufactured 
homes. Fine Print Note (FPN) No. 1: See the applicable building code for 
definition of the term permanent foundation. FPN No. 2: See 24 CFR part 
3280, Manufactured Home Construction and Safety Standards, of the 
Federal Department of Housing and Urban Development for additional 
information on the definition. (Reprinted with permission from NFPA 70-
1999, the National Electrical Code [supreg], Copyright 
(copyright) 1998, National Fire Protection Association, 
Quincy, MA 02269. This reprinted material is not the complete and 
official position of the National Fire Protection Association, on the 
referenced subject which is represented only by the standard in its 
entirety.)
    Mobile home. As defined in the ANSI/NFPA 70-1999, NEC [supreg]: A 
factory-assembled structure or structures transportable in one or more 
sections that is built on a permanent chassis and designed to be used as 
a dwelling without a permanent foundation where connected to the 
required utilities, and includes the plumbing, heating, air-
conditioning, and electric systems contained therein. Unless otherwise 
indicated, the term ``mobile home'' includes manufactured homes. 
(Reprinted with permission from NFPA 70-1999, the National Electrical 
Code [supreg], Copyright (copyright) 1998, National Fire 
Protection Association, Quincy, MA 02269. This reprinted material is not 
the complete and official position of the National Fire Protection 
Association, on the referenced subject which is represented only by the 
standard in its entirety.)
    Motor home. As defined in the ANSI/NFPA 70-1999, NEC [supreg]: A 
vehicular unit designed to provide temporary living quarters for 
recreational, camping, or travel use built on or permanently attached to 
a self-propelled motor vehicle chassis or on a chassis cab or van that 
is an integral part of the completed vehicle. (Reprinted with permission 
from NFPA 70-1999, the National Electrical Code [supreg], Copyright 
(copyright) 1998, National Fire Protection Association, 
Quincy, MA 02269. This reprinted material is not the complete and 
official position of the National Fire Protection Association, on the 
referenced subject which is represented only by the standard in its 
entirety.)
    Network interface device (NID). A NID is comprised of a housing 
suitable for outdoor installation which contains a compartment 
accessible by only telecommunications employees which includes a primary 
station protector and the means for terminating telecommunications 
service wire conductors and metallic shields, and a compartment 
accessible by customers which includes an RJ-11 plug and jack of the 
type specified in the FCC rules in 47 CFR part 68.
    NID. Network interface device.
    Primary station protector. An assembly which complies with RUS 
Bulletin 345-39, RUS Specification for Telephone

[[Page 550]]

Station Protectors. Copies of RUS Bulletin 345-39 are available upon 
request from RUS, U.S. Department of Agriculture (USDA), 1400 
Independence Avenue, SW., STOP 1522, Washington, DC 20250-1522, FAX 
(202) 720-4120.
    Qualified Installer. A person who has extensive installation 
experience, complete knowledge and understanding of RUS Bulletin 1751F-
805, Electrical Protection At Customer Locations; RUS Bulletin 1753F-153 
(RUS Form 515d), Specifications and Drawings for Service Installations 
at Customer Access Locations, and applicable portions of the ANSI/NFPA 
70-1999, NEC [supreg], and ANSI/IEEE C2-1997, NESC. Copies of RUS 
Bulletins 1751F-805 and 1753F-153 are available upon request from RUS/
USDA, 1400 Independence Avenue, SW., STOP 1522, Washington, DC 20250-
1522, FAX (202) 720-4120.
    Recreational vehicle. As defined in the ANSI/NFPA 70-1999, NEC 
[supreg]: A vehicular-type unit primarily designed as temporary living 
quarters for recreational, camping, or travel use, which either has its 
own motive power or is mounted on or drawn by another vehicle. The basic 
entities are: travel trailer, camping trailer, truck camper, and motor 
home. (Reprinted with permission from NFPA 70-1999, the National 
Electrical Code [supreg], Copyright (copyright) 1998, 
National Fire Protection Association, Quincy, MA 02269. This reprinted 
material is not the complete and official position of the National Fire 
Protection Association, on the referenced subject which is represented 
only by the standard in its entirety.)
    RUS. Rural Utilities Service.
    RUS accepted (material and equipment). Equipment which RUS has 
reviewed and determined that:
    (1) Final assembly or manufacture of the equipment is completed in 
the United States, its territories and possessions, or in an eligible 
country;
    (2) The cost of components within the material or equipment 
manufactured in the United States, its territories and possessions, or 
in an eligible country is more than 50 percent of the total cost of all 
components used in the material or equipment; and
    (3) The material or equipment is suitable for use on systems of RUS 
telecommunications borrowers.
    RUS technically accepted (material and equipment). Equipment which 
RUS has reviewed and determined that the material or equipment is 
suitable for use on systems of RUS telecommunications borrowers but the 
material or equipment does not satisfy both paragraphs (1) and (2) of 
this definition:
    (1) Final assembly or manufacture of the equipment is not completed 
in the United States, its territories and possessions, or in an eligible 
country; and
    (2) The cost of components within the material or equipment 
manufactured in the United States, its territories and possessions, or 
in an eligible country is 50 percent or less than the total cost of all 
components used in the material or equipment.
    SEA. Service entrance aerial.
    SEB. Service entrance buried.
    Travel trailer. As defined in the ANSI/NFPA 70-1999, NEC [supreg]: A 
vehicular unit, mounted on wheels, designed to provide temporary living 
quarters for recreational, camping, or travel use, of such size and 
weight as not to require special highway movement permits when towed by 
a motorized vehicle, and of gross trailer area less than 320 square feet 
(29.7 square meters). (Reprinted with permission from NFPA 70-1999, the 
National Electrical Code [supreg], Copyright (copyright) 
1998, National Fire Protection Association, Quincy, MA 02269. This 
reprinted material is not the complete and official position of the 
National Fire Protection Association, on the referenced subject which is 
represented only by the standard in its entirety.)
    Truck camper. As defined in the ANSI/NFPA 70-1999, NEC [supreg]: A 
portable unit constructed to provide temporary living quarters for 
recreational, travel or camping use, consisting of a roof, floor, and 
sides, designed to be loaded onto and unloaded from the bed of a pick-up 
truck. (Reprinted with permission from NFPA 70-1999, the National 
Electrical Code [supreg], Copyright (copyright) 1998, 
National Fire Protection Association, Quincy, MA 02269. This reprinted 
material is not the complete and official position of the National Fire 
Protection Association, on the referenced subject which is

[[Page 551]]

represented only by the standard in its entirety.)

[66 FR 43317, Aug. 17, 2001, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  1755.502  Scope.

    (a) Sections 1755.503 through 1755.510 cover approved methods of 
making service installations at customer access locations in 
telecommunications systems of RUS borrowers.
    (b) Requirements in Sec. Sec.  1755.503 through 1755.510 cover 
facilities of the type described in the FCC rules in 47 CFR part 68 for 
one and multi-party customer owned premises wiring.

[66 FR 43317, Aug. 17, 2001]



Sec.  1755.503  General.

    (a) For the purposes of this section and Sec. Sec.  1755.504 through 
1755.510, a NID shall be as defined in Sec.  1755.501 and shall contain 
both a fuseless primary station protector and a modular plug and jack 
for each conductor pair, up to a maximum of 11 pairs, and shall be 
provided by the telecommunications company and used by customers.
    (b) For the purposes of this section and Sec. Sec.  1755.504 through 
1755.510, BET shall be as defined in Sec.  1755.501 and shall contain 
both primary station protectors and connector terminals for each 
conductor pair, of 12 or more pairs, and shall be provided by the 
telecommunications company and used by customers. The primary station 
protectors may be either fuseless or fused.
    (c) The requirements provided in this section and Sec. Sec.  
1755.504 through 1755.510 have been designed to coordinate with the 
provisions of the ANSI/NFPA 70-1999, NEC [supreg], and the American 
National Standards Institute/Institute of Electrical and Electronics 
Engineers, Inc. (ANSI/IEEE) C2-1997, National Electrical Safety Code 
(NESC). The National Electrical Code [supreg] and NEC [supreg] are 
registered trademarks of the National Fire Protection Association, Inc., 
Quincy, MA 02269. The ANSI/NFPA 70-1999, NEC [supreg], and the ANSI/IEEE 
C2-1997, NESC, are incorporated by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies of ANSI/NFPA 70-1999, NEC [supreg], are 
available from NFPA, 1 Batterymarch Park, P.O. Box 9101, Quincy, 
Massachusetts 02269-9101, telephone number 1 (800) 344-3555. Copies of 
ANSI/IEEE C2-1997, NESC, are available from IEEE Service Center, 455 
Hoes Lane, Piscataway, New Jersey 08854, telephone number 1 (800) 678-
4333. Copies of the ANSI/NFPA 70-1999, NEC [supreg], and the ANSI/IEEE 
C2-1997, NESC, are available for inspection during normal business hours 
at RUS, room 2905, U.S. Department of Agriculture, 1400 Independence 
Avenue, SW., STOP 1598, Washington, DC 20250-1598, or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Most state and local authorities require that 
utility construction comply with either the ANSI/NFPA 70-1999, NEC 
[supreg], and ANSI/IEEE C2-1997, NESC, or some earlier editions of the 
ANSI/NFPA 70, NEC [supreg], and ANSI/IEEE C2, NESC. Some authorities 
have their own more stringent codes which may or may not be 
embellishments of the ANSI/NFPA 70, NEC [supreg], and ANSI/IEEE C2, 
NESC.
    (d) RUS borrowers shall make certain that all construction financed 
with RUS loan funds comply with:
    (1) The provisions of this section and Sec. Sec.  1755.504 through 
1755.510 and the ANSI/NFPA 70-1999, NEC [supreg], and ANSI/IEEE C2-1997, 
NESC codes, or any more stringent local codes; or
    (2) The provisions of this section and Sec. Sec.  1755.504 through 
1755.510 with borrower added adjustments to bring construction into 
compliance with any more stringent local codes.
    (e) This section and Sec. Sec.  1755.504 through 1755.510 are 
intended primarily for the installer who will perform the work. It 
assumes that decisions regarding the selection of grounding electrodes, 
locations, and types of equipment have been made by the RUS borrower or 
the engineer delegated by the RUS borrower.
    (f) Only a qualified installer as defined in Sec.  1755.501 shall be 
assigned to make installations without advance planning and without 
direct supervision.
    (g) This section and Sec. Sec.  1755.504 through 1755.509 contain 
information which is normally not provided on the

[[Page 552]]

construction drawings which are included in Sec.  1755.510.
    (h) All work shall be conducted in a careful and professional 
manner. Service wire and cable shall not be trampled on, run over by 
vehicles, pulled over or around abrasive objects or otherwise subjected 
to abuse.
    (i) When situations not covered by this section and Sec. Sec.  
1755.504 through 1755.510 arise, the RUS borrower or the engineer 
delegated by the borrower, shall specify the installation procedure to 
be used. The requirements of paragraph (j) of this section shall be 
complied with in every installation.
    (j) NIDs, BETs, and fused primary station protectors shall be 
installed and grounded to meet the requirements of the ANSI/NFPA 70-
1999, NEC [supreg], or local laws or ordinances, whichever are more 
stringent.
    (k) Battery polarity and conductor identification shall be 
maintained throughout the system as indicated on construction drawings 
815 and 815-1 contained in Sec.  1755.510. Color codes and other means 
of conductor identification of buried and aerial service wires shall 
conform to the requirements of this section and Sec. Sec.  1755.504 
through 1755.510.
    (l) All materials for which RUS makes acceptance determinations, 
such as service wires and cables, ground rods, ground rod clamps, etc., 
used in service entrance installations shall be RUS accepted or RUS 
technically accepted. Borrowers shall require contractors to obtain the 
borrower's approval before RUS technically accepted materials are to be 
used in service entrance installations. Borrower's shall also ensure 
that the cost of the RUS technically accepted materials are at least 6 
percent less than the cost of equivalent RUS accepted materials, as 
specified in ``Buy American'' Requirement of the Rural Electrification 
Act of 1938, as amended (7 U.S.C. 903 note). Materials used in service 
entrance installations which are of the type which RUS does not make 
acceptance determinations shall be of a suitable quality for their 
intended application as determined by the RUS borrower or the engineer 
delegated by the RUS borrower.
    (m) On completion of an installation, borrowers shall require the 
installer to make all applicable tests required by Sec. Sec.  1755.400 
through 1755.407, RUS standard for acceptance tests and measurements of 
telecommunications plant.

[66 FR 43317, Aug. 17, 2001, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  1755.504  Demarcation point.

    (a) The demarcation point (DP) provides the physical and electrical 
interface between the telecommunications company's facilities and the 
customer's premises wiring.
    (b) The Federal Communications Commission (FCC) rules in 47 CFR part 
68 require telecommunications providers to establish a ``DP'' which 
marks a separation of the provider's facilities from the customer's 
(owned) premises wiring and equipment.
    (c) RUS borrowers shall observe the FCC DP requirement by installing 
NIDs, BETs, or fused primary station protectors when required by section 
800-30(a)(2) of ANSI/NFPA 70-1999, NEC [supreg], at all new or 
significantly modified customer access locations which are financed with 
RUS loan funds. The National Electrical Code [supreg] and NEC [supreg] 
are registered trademarks of the National Fire Protection Association, 
Inc., Quincy, MA 02269. The ANSI/NFPA 70-1999, NEC [supreg], is 
incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies are available from NFPA, 1 Batterymarch Park, P. O. Box 
9101, Quincy, Massachusetts 02269-9101, telephone number 1 (800) 344-
3555. Copies of ANSI/NFPA 70-1999, NEC [supreg], are available for 
inspection during normal business hours at RUS, room 2905, U.S. 
Department of Agriculture, 1400 Independence Avenue, SW., STOP 1598, 
Washington, DC 20250-1598, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
    (d) For all customer access locations of less than 12 pairs, RUS 
borrowers shall establish DPs by using either NIDs or fused primary 
station protectors when required by section 800-30(a)(2) of ANSI/NFPA 
70-1999, NEC [supreg].

[[Page 553]]

For customer access locations of 12 pairs or greater, RUS borrowers 
shall establish DPs using either NIDs, BETs, or fused primary station 
protectors when required by section 800-30(a)(2) of ANSI/NFPA 70-1999, 
NEC [supreg].

[66 FR 43317, Aug. 17, 2001, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  1755.505  Buried services.

    (a) Buried services of two or three pairs shall consist of Service 
Entrance Buried (SEB) assembly units, in accordance with RUS Bulletin 
1753F-153 (RUS Form 515d), Specifications and Drawings for Service 
Installations at Customer Access Locations. The wire used for buried 
services shall conform to the requirements of Sec.  1755.860, RUS 
specification for filled buried wires, and shall be RUS accepted or RUS 
technically accepted. The conductor size for two and three pair buried 
service wires shall be 22 American Wire Gauge (AWG). Copies of RUS 
Bulletin 1753F-153 are available upon request from RUS/USDA, 1400 
Independence Avenue, SW., STOP 1522, Washington, DC 20250-1522, FAX 
(202) 690-2268.
    (b) Buried services of six or more pairs shall be RUS accepted or 
RUS technically accepted 22 AWG filled buried cable conforming to the 
requirements of Sec.  1755.390, RUS specification for filled telephone 
cables.
    (c) Buried service wire or cable shall be terminated in buried plant 
housings using either splicing connectors or filled terminal blocks in 
accordance with the applicable paragraphs of Sec.  1755.200, RUS 
standard for splicing copper and fiber optic cables.
    (d) Buried service wire or cable shall be identified at buried plant 
housings in accordance with construction drawing 958 contained in Sec.  
1755.510.
    (e) Buried service wire or cable shall be installed up to the 
building in the same general manner as buried exchange cable but in 
addition must meet the following requirements:
    (1) Light weight lawn plows or trenchers shall be used;
    (2) The shortest feasible route commensurate with the requirements 
of Sec.  1755.508(i), (j), and (k), and paragraph (f)(1) of this section 
shall be followed;
    (3) Buried service wire or cable shall be plowed or trenched to a 
depth of 12 in. (305 mm) or greater where practicable in soil, 36 in. 
(914 mm) in ditches, or 3 in. (76 mm) in rock. Depths shall be measured 
from the top of the wire or cable to the surface of the ground or rock;
    (4) In the case of a layer of soil over rock either the minimum 
depth in rock measured to the surface of the rock, or the minimum depth 
in soil measured to the surface of the soil may be used; and
    (5) Where adequate advance planning has been done, burial of 
telecommunications services jointly with electric power services may be 
feasible. If a decision has been reached by management to provide joint 
occupancy services, the services may be installed using the 
recommendations in RUS Bulletin 1751F-640, ``Design of Buried Plant--
Physical Considerations.'' Copies of RUS Bulletin 1751F-640 are 
available upon request from RUS/USDA, 1400 Independence Avenue, SW., 
STOP 1522, Washington, DC 20250-1522, FAX (202) 720-4120.
    (f) Buried service wire or cable shall be installed on or in 
buildings as follows:
    (1) Each buried service wire or cable shall contact the building as 
close to the NID, BET, or fused primary station protector as 
practicable. Service wire or cable runs on buildings shall normally 
consist of a single vertical run held to the minimum practical length. 
Horizontal and diagonal runs shall not be permitted.
    (2) Buried service wire or cable shall be located so as to avoid 
damage from lawn mowers, animals, gardening operations, etc.
    (3) Buried service wire or cable shall be installed against a 
foundation wall or pillar to provide adequate support and mechanical 
protection.
    (4) Where it is likely that the service wire or cable shall be 
subjected to mechanical damage, the wire or cable shall be enclosed in a 
guard in accordance with assembly unit drawing BM83 contained in Sec.  
1755.510.
    (5) The first above-ground attachment for a buried service wire or 
cable, unless it is enclosed in a guard, shall not be more than 4 in. 
(100 mm) above final grade.
    (6) Uninsulated attachment devices may be used to attach buried 
service

[[Page 554]]

wire and cable to masonry and other types of noncombustible buildings 
and on any type of building if fuseless primary station protectors 
incorporated in NIDs or BETs are used and installations fully comply 
with section 800-30(a)(1) of ANSI/NFPA 70-1999, NEC [supreg]. The 
National Electrical Code [supreg] and NEC [supreg] are registered 
trademarks of the National Fire Protection Association, Inc., Quincy, MA 
02269. The ANSI/NFPA 70-1999, NEC [supreg], is incorporated by reference 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are 
available from NFPA, 1 Batterymarch Park, P.O. Box 9101, Quincy, 
Massachusetts 02269-9101, telephone number 1(800)344-3555. Copies of 
ANSI/NFPA 70-1999, NEC [supreg], are available for inspection during 
normal business hours at RUS, room 2905, U.S. Department of Agriculture, 
1400 Independence Avenue, SW., STOP 1598, Washington, DC 20250-1598, or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (7) Insulated attachments shall be used to separate service wires or 
cables from woodwork where section 800-30(a)(2) of ANSI/NFPA 70-1999, 
NEC [supreg] requiring the use of fused primary station protectors must 
be observed.
    (8) Minimum separation between buried service wire or cable and 
other facilities shall be as listed in Table 1, as follows:

 Table 1--Minimum Separation for Telecommunications Wires and Cables on
                             or in Buildings
------------------------------------------------------------------------
                                                  Minimum clearance in.
                                                        [mm] \1 2\
        Foreign facility or obstruction             telecommunications
                                                    company's wires or
                                                          cables
------------------------------------------------------------------------
Electric supply wire including neutral and
 grounding conductors:
    Open.......................................                  4 [102]
    In conduit.................................                 2 [50.8]
Radio and television antennas, Lead-in and                       4 [102]
 grounding conductors..........................
Lightning rods and lightning conductors........            \3\ 72 [1830]
All foreign grounding conductors except                         2 [50.8]
 lightning rod ground conductors...............
Neon signs and associated wiring...............                  6 [150]
Metallic objects--pipes (gas, cold water, oil,              \4\ 2 [50.8]
 sewer) and structures.........................
Wires or cables of another communications                      2 [50.8]
 system........................................
------------------------------------------------------------------------
\1\ If minimum separation cannot be obtained, nonshielded wire and cable
  facilities shall be protected with either porcelain tubes or flexible
  tubing as modified by Notes (3) and (4) of this table.
\2\ Separation applies to crossings and parallel runs.
\3\ If this separation cannot be obtained, bond the telecommunications
  grounding conductors or grounding electrode to the lightning rod
  grounding conductor or grounding electrode with at least a Number
  (No.) 6 AWG copper, insulated, ground wire. With this provision a
  minimum separation of 4 in. (100 mm) is acceptable but this provision
  must not be utilized if the separation cited in this table can be
  maintained.
\4\ Increase to a minimum of 3 in. (75 mm) separation from steam or hot
  water pipes, heating ducts, and other heat sources.

    (9) Wire and cable attachments to buildings for outside mounted 
NIDS, BETs, or fused primary station protectors shall be in accordance 
with construction drawing 962 contained in Sec.  1755.510.
    (10) Appropriate devices for attaching service wire or cable on or 
in buildings vary with the type of building construction and the wire or 
cable size. Figures 1 and 2 illustrate various types of anchoring 
devices and their applications. The size and type of fastening device 
for the wire or cable size and type of surface shall be in accordance 
with the manufacturer's recommendation; Figures 1 and 2 are as follows:

[[Page 555]]

[GRAPHIC] [TIFF OMITTED] TR17AU01.001


[[Page 556]]


[GRAPHIC] [TIFF OMITTED] TR17AU01.002

    (11) Experience indicates that there are objections from many owners 
of buildings covered with aluminum or vinyl siding to the drilling of 
holes in the siding for the attachment of wires or cables, and NIDs, 
BETs, or fused primary station protectors. It is, therefore, important 
to obtain permission from the owner before drilling holes in such 
siding.
    (12) If the NID, BET, or fused primary station protector must be 
mounted inside (not recommended by RUS), the service entrance into the 
building shall be installed in accordance with section 800-12(c) of 
ANSI/NFPA 70-1999, NEC [supreg]. After pulling-in the wire or cable, the

[[Page 557]]

free space around the cable or wire shall be carefully sealed both 
outside and inside with a duct sealer that has RUS acceptance or RUS 
technical acceptance.
    (13) If the customer requests an all buried installation for an 
alarm system or objects to above-ground facilities because of appearance 
and one-party service is involved, the entrance hole shall be made below 
grade as shown in sketch C of construction drawing 510-2 contained in 
Sec.  1755.510. Care shall be exercised to prevent damage to the 
building foundation. The hole shall be sealed as specified in paragraph 
(f)(12) of this section. The installation shall comply with all the 
requirements of section 800-12(c) of ANSI/NFPA 70-1999, NEC [supreg].
    (g) When the NID, BET, or fused primary station protector is to be 
installed inside the building, the installation shall comply with 
section 800-12(c) of ANSI/NFPA 70-1999, NEC [supreg], and the outside 
plant wire or cable shall preferably be installed in a rigid metal or 
intermediate metal conduit that is grounded to an electrode in 
accordance with section 800-40(b) of ANSI/NFPA 70-1999, NEC [supreg], as 
shown in sketch A of Figure 3 in paragraph (h)(2) of this section. The 
shield of the outside plant wire or cable shall be bonded to the 
grounding terminal of the NID, BET, or fused primary station protector 
which in turn shall be connected to the closest, existing, and 
accessible grounding electrode, of the electrodes cited in section 800-
40(b) of ANSI/NFPA 70-1999, NEC [supreg].
    (h) An inside NID, BET, or fused primary station protector 
installation may also be made without use of a rigid metal or 
intermediate metal conduit provided that the ingress of the outside 
plant wire or cable complies with section 800-12(c) of ANSI/NFPA 70-
1999, NEC [supreg], and provided either of the following are observed:
    (1) The NID, BET, or fused primary station protector is located as 
close as practicable to the point where the outside plant wire or cable 
emerges through an exterior wall. The length of outside plant wire or 
cable exposed within the building shall be as short as practicable but 
in no case shall it be longer than 50 feet (ft) (15.2 meters (m)) in 
accordance with the allowable exception No. 3 of section 800-50 of ANSI/
NFPA 70-1999, NEC [supreg]. See sketch B of Figure 3 in paragraph (h)(2) 
of this section. The shield of the outside plant wire or cable shall be 
bonded to the grounding terminal of the NID, BET, or fused primary 
station protector which in turn shall be connected to the closest, 
existing and accessible grounding electrode, of the electrodes cited in 
section 800-40(b) of ANSI/NFPA 70-1999, NEC [supreg] (Fine print Note 
No. 2 of ANSI/NFPA 70-1999, NEC [supreg], section 800-50, warns that the 
full 50 ft (15.2 m) may not be authorized for outside unlisted cable 
(not in a metal or intermediate metal conduit) within a building if it 
is practicable to place the NID, BET, or fused primary station protector 
closer than 50 ft (15.2 m) to the cable entrance point, e.g., if there 
is an acceptable and accessible grounding electrode of the type cited in 
section 800-40(b) of ANSI/NFPA 70-1999, NEC [supreg], anywhere along the 
proposed routing of the outside cable within the building); or
    (2) Where the NID, BET, or fused primary station protector must be 
located within the building remote from the entrance point and the 
entrance point of the outside plant wire or cable cannot be designed to 
be closer to the NID, BET, or fused primary station protector location, 
the outside plant wire or cable shall be spliced, as close as 
practicable to the point where the outside plant wire or cable emerges 
through an outside wall, to an inside wiring cable that is ``Listed'' as 
being suitable for the purpose in accordance with part E of article 800 
of ANSI/NFPA 70-1999, NEC [supreg]. The length of outside plant wire or 
cable exposed within the building shall be as short as practicable but 
in no case shall it be longer than 50 ft (15.2 m) in accordance with the 
allowable exception No. 3 of section 800-50 of ANSI/NFPA 70-1999, NEC 
[supreg]. See sketch C of Figure 3. The shield of the outside plant wire 
or cable shall be bonded to the grounding terminal of the NID, BET, or 
fused primary station protector which in turn shall be connected to the 
closest, existing, and accessible grounding electrode, of the electrodes 
cited in section 800-40(b) of ANSI/NFPA 70-1999, NEC [supreg] (Fine 
print Note No. 2 of the ANSI/NFPA 70-1999, NEC [supreg], section 800-50, 
warns that the

[[Page 558]]

full 50 ft (15.2 m) may not be authorized for outside unlisted cable 
(not in a metal or intermediate metal conduit) if it is practicable to 
place the NID, BET, or fused primary station protector closer than 50 ft 
(15.2 m) to the cable entrance point, e.g., if there is an acceptable 
and accessible grounding electrode of the type cited in section 800-
40(b) of ANSI/NFPA 70-1999, NEC [supreg], anywhere along the proposed 
routing of the outside cable within the building). Figure 3 is as 
follows:
[GRAPHIC] [TIFF OMITTED] TR17AU01.003


[[Page 559]]


    (i) The polarity of buried wire or cable ``tip'' and ``ring'' 
conductors shall be maintained by making the connections in accordance 
with Table 2, as follows:

                    Table 2--Color Codes For Tip And Ring Connections of Inside Wiring Cable
----------------------------------------------------------------------------------------------------------------
                                                     Tip                                    Ring
                                 -------------------------------------------------------------------------------
              Pair                                                                                   Color of
                                  Color of insulation    Color of marking   Color of insulation      marking
----------------------------------------------------------------------------------------------------------------
1...............................  White..............  Blue...............  Blue...............  White
2...............................  White..............  Orange.............  Orange.............  White
3...............................  White..............  Green..............  Green..............  White
4...............................  White..............  Brown..............  Brown..............  White
5...............................  White..............  Slate..............  Slate..............  White
6...............................  Red................  Blue...............  Blue...............  Red
7...............................  Red................  Orange.............  Orange.............  Red
8...............................  Red................  Green..............  Green..............  Red
9...............................  Red................  Brown..............  Brown..............  Red
10..............................  Red................  Slate..............  Slate..............  Red
11..............................  Black..............  Blue...............  Blue...............  Black
12..............................  Black..............  Orange.............  Orange.............  Black
13..............................  Black..............  Green..............  Green..............  Black
14..............................  Black..............  Brown..............  Brown..............  Black
15..............................  Black..............  Slate..............  Slate..............  Black
16..............................  Yellow.............  Blue...............  Blue...............  Yellow
17..............................  Yellow.............  Orange.............  Orange.............  Yellow
18..............................  Yellow.............  Green..............  Green..............  Yellow
19..............................  Yellow.............  Brown..............  Brown..............  Yellow
20..............................  Yellow.............  Slate..............  Slate..............  Yellow
21..............................  Violet.............  Blue...............  Blue...............  Violet
22..............................  Violet.............  Orange.............  Orange.............  Violet
23..............................  Violet.............  Green..............  Green..............  Violet
24..............................  Violet.............  Brown..............  Brown..............  Violet
25..............................  Violet.............  Slate..............  Slate..............  Violet
----------------------------------------------------------------------------------------------------------------


[66 FR 43317, Aug. 17, 2001, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  1755.506  Aerial wire services.

    (a) Aerial services of one through six pairs shall consist of 
Service Entrance Aerial (SEA) assembly units, in accordance with RUS 
Bulletin 1753F-153 (RUS Form 515d), Specifications and Drawings for 
Service Installations at Customer Access Locations. The wire used for 
aerial services shall conform to the requirements of Sec. Sec.  1755.700 
through 1755.704, RUS specification for aerial service wires, and shall 
be RUS accepted or RUS technically accepted. Copies of RUS Bulletin 
1753F-153 are available upon request from RUS/USDA, 1400 Independence 
Avenue, SW., STOP 1522, Washington, DC 20250-1522, FAX (202) 720-4120.
    (b) If aerial wire services are to be connected to aerial cable 
pairs, the NIDs or fused primary station protectors and grounds shall be 
installed and connected before the aerial service wires are attached to 
the customer's structure.
    (c) Kinks or splices shall not be permitted in aerial service wire 
spans.
    (d) Aerial service wires shall be run in accordance with the 
construction drawings contained in Sec.  1755.510 and shall conform to 
all clearance requirements of the ANSI/NFPA 70-1999, NEC [supreg], and 
ANSI/IEEE C2-1997, NESC, or local laws or ordinances, whichever are the 
most stringent. The National Electrical Code [supreg] and NEC [supreg] 
are registered trademarks of the National Fire Protection Association, 
Inc., Quincy, MA 02269. The ANSI/NFPA 70-1999, NEC [supreg], and ANSI/
IEEE C2-1997, NESC, are incorporated by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of ANSI/NFPA 70-1999, NEC 
[supreg], are available from NFPA, 1 Batterymarch Park, P.O. Box 9101, 
Quincy, Massachusetts 02269-9101, telephone number 1 (800) 344-3555. 
Copies of ANSI/IEEE C2-1997, NESC, are available from IEEE Service 
Center, 455 Hoes Lane, Piscataway, New Jersey 08854, telephone number 1 
(800) 678-4333. Copies of ANSI/NFPA 70-1999, NEC [supreg], and ANSI/IEEE 
C2-1997, NESC, are

[[Page 560]]

available for inspection during normal business hours at RUS, room 2905, 
U.S. Department of Agriculture, 1400 Independence Avenue, SW., STOP 
1598, Washington, DC 20250-1598, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
    (e) Aerial service wire shall be installed using the maximum 
practicable sag consistent with the required ground clearance and good 
construction practices. In no event shall the minimum sags be less than 
the values shown on construction drawing 505 contained in Sec.  1755.510 
for various span lengths and loading areas provided. Span lengths shall 
not exceed 250 ft (76 m).
    (f) To reduce vibration and galloping, aerial service wire shall be 
twisted one complete turn for each 10 ft (3 m) of span length at the 
time of installation.
    (g) The methods of attaching aerial service wires at poles shall be 
as illustrated in construction drawings 503-2 and 504 contained in Sec.  
1755.510.
    (h) Horizontal and vertical climbing spaces on poles used jointly 
with power circuits shall be provided in conformance with the 
requirements of Rule 236 of ANSI/IEEE C2-1997, NESC.
    (i) Not more than four aerial service wires shall be distributed 
from any one \7/16\ in. (10 mm) drive hook, or more than two aerial 
service wires from any one \5/16\ in. (8 mm) drive hook. Aerial service 
wires and drive hooks shall be arranged so that the load does not pull 
the drive hook out of the pole. When more than one drive hook is 
required, the drive hooks shall be staggered with a minimum separation 
of 1 in. (25.4 mm) horizontally on centers and 1.5 in. (40 mm) 
vertically on centers. If drive hooks are placed within 3 in. (76 mm) of 
the top of the pole and on the opposite side of the pole's 
circumference, a vertical separation of at least 3 in. (76 mm) shall be 
provided. A drive hook shall not be placed on the top of a pole or stub 
pole.
    (j) When connecting aerial service wires to cable pairs at 
terminals, sufficient slack shall be provided so that each aerial 
service wire shall reach any binding post position as shown on 
construction drawing 312-1 contained in Sec.  1755.510.
    (k) Aerial service wire attachments on utility poles and the manner 
of placing bridle rings and entering cable terminals shall be as shown 
on construction drawing 503-2 contained in Sec.  1755.510.
    (l) Not more than two conductors shall be connected to any terminal 
binding post. Where it is necessary to bridge more than two aerial 
service wires at the same closure, the aerial service wires shall be 
terminated in aerial service wire terminals connected in parallel with a 
No. 20 AWG bridle wire which shall be terminated on the binding posts of 
the filled terminal block.
    (m) Where aerial service wire is attached to aerial plastic cable, 
it shall be brought directly into a ready-access closure and shall be 
terminated on the binding posts of the filled terminal block as shown on 
construction drawing 503-2 contained in Sec.  1755.510.
    (n) The conductor of copper coated steel reinforced aerial service 
wires identified by tracer ridges shall be used as the ring (negative 
battery) conductor of the pair, and shall normally be connected to the 
right or lower binding post of a pair on filled terminal blocks and NIDs 
or fused primary station protectors.
    (o) Nonmetallic reinforced aerial service wire pair identification. 
(1) The tip and ring conductors of nonmetallic reinforced aerial service 
wires shall be identified in accordance with Table 3, as follows:

     Table 3--Nonmetallic Reinforced Aerial Service Wire Color Code
------------------------------------------------------------------------
                                             Conductor color
          Pair number           ----------------------------------------
                                           Tip                 Ring
------------------------------------------------------------------------
1..............................  White/Blue or White....  Blue
2..............................  White/Orange or White..  Orange
3..............................  White/Green or White...  Green

[[Page 561]]

 
4..............................  White/Brown or White...  Brown
5..............................  White/Slate or White...  Slate
6..............................  Red/Blue or Red........  Blue
------------------------------------------------------------------------

    (2) The ring (negative battery) conductor of the pair shall normally 
be connected to the right or lower binding post of a pair on filled 
terminal blocks and NIDs or fused primary station protectors.
    (p) When it is necessary to avoid intervening obstacles between a 
pole and a building, span clamp attachments shall be used to support the 
aerial service wires at points between the poles that are supporting the 
cable on the suspension strand as indicated by construction drawings 
501-1 and 501-2 contained in Sec.  1755.510.
    (q) Aerial service wire strung from pole to pole shall be placed 
entirely below or entirely above any existing wire or cable. When 
adequate ground clearance can be obtained, preference shall be given to 
placing aerial service wire below wire and cable.
    (r) When more than one aerial service wire is installed from pole to 
pole, the first aerial service wire shall be sagged in accordance with 
construction drawing 505 contained in Sec.  1755.510. Succeeding aerial 
service wires shall be sagged with 2 in. (50.8 mm) more sag for each 
aerial service wire.
    (s) Aerial service wire spans from pole lines to buildings shall 
follow the shortest feasible route commensurate with the requirements of 
paragraph (t) of this section and shall be sagged in accordance with 
construction drawing 505 contained in Sec.  1755.510. The route shall 
avoid trees and other obstructions to the extent practicable. Where 
trees cannot be avoided, tree trimming permission shall be obtained from 
the owner or the owner's representative, and all limbs and foliage 
within 2 ft (600 mm) of the finally sagged wire shall be removed. If 
tree trimming permission cannot be obtained, the matter shall be 
referred to the borrower for resolution before proceeding with the 
installation.
    (t) Aerial service wires shall contact buildings as closely as 
practicable at a point directly above the NID, or fused primary station 
protector. Generally, horizontal drop wire runs on buildings shall not 
exceed 20 ft (6 m). The warning given in Sec.  1755.505(f)(11) regarding 
drilling holes in aluminum and vinyl siding applies also to attaching 
aerial service wires.
    (u) The point of the first building attachment shall be located so 
that the aerial service wire will be clear of roof drainage points.
    (v) Where practicable, aerial service wires shall pass under 
electrical guys, power distribution secondaries and services, tree 
limbs, etc.
    (w) Aerial service wire shall not pass in front of windows or 
immediately above doors.
    (x) Aerial service wires shall be routed so as to have a minimum 
clearance of 2 ft (600 mm) from any part of a short wave, ham radio, 
etc. antenna mast and a television antenna mast in its normal vertical 
position and of the possible region through which it sweeps when being 
lowered to a horizontal position.
    (y) Aerial service wires shall be installed such that all clearances 
and separations comply with either section 237 of ANSI/IEEE C2-1997, 
NESC, or ANSI/NFPA 70-1999, NEC [supreg], or local laws or ordinances, 
whichever is the most stringent.
    (z) Aerial service wire attachments to buildings shall be as 
follows:
    (1) First attachments on buildings shall be made in accordance with 
construction drawings 506, 507, or 508-1 contained in Sec.  1755.510, as 
applicable;
    (2) Intermediate attachments on buildings shall be made in 
accordance with construction drawings 510 or 510-1 contained in Sec.  
1755.510; and
    (3) Uninsulated attachments shall be permitted to be used as 
follows:

[[Page 562]]

    (i) Wherever NIDS are used as permitted by section 800-30(a)(1) of 
the ANSI/NFPA 70-1999, NEC [supreg]; and
    (ii) On masonry and other types of nonflammable buildings.
    (aa) Insulated attachments shall be used on wooden frame, metallic 
siding and other types of combustible buildings where fused primary 
station protectors are used, as required by section 800-30(a)(2) of 
ANSI/NFPA 70-1999, NEC [supreg].
    (bb) Aerial service wire runs on buildings shall be attached 
vertically and horizontally in a neat and most inconspicuous possible 
manner. See construction drawing 513 contained in Sec.  1755.510. 
Horizontal runs on buildings are undesirable and shall be kept to a 
minimum. Diagonal runs shall not be made.
    (cc) Aerial service wire runs on buildings shall be located so as 
not to be subjected to damage from passing vehicles, pedestrians, or 
livestock.
    (dd) Minimum separation between aerial service wires and other 
facilities on or in buildings shall be in accordance with Sec.  
1755.505(f)(8), Table 1.
    (ee) Appropriate devices for attaching aerial service wires to 
buildings vary with the type of building construction and with the type 
of customer access location equipment. Table 4 lists various types of 
attachments and their application with respect to construction, customer 
access location equipment, and proper mounting devices. Construction 
drawings 506 through 513 contained in Sec.  1755.510 illustrate 
requirements with respect to various angles of service wire contacts and 
uses of various attachments. Table 4 is as follows:

[[Page 563]]

[GRAPHIC] [TIFF OMITTED] TR17AU01.004

    Notes: 1. Screw dimensions are minimum. Where appropriate, either or 
both dimensions shall be increased. All wood screws for exterior use 
shall be stainless steel. All other exterior metal devices shall be 
stainless steel, zinc coated steel, silicon bronze, or corrosion 
resistant aluminum alloy.
    2. Toggle bolt dimensions are minimum. Where appropriate, either or 
both dimensions shall be increased.
    3. All devices should be attached to studding.
    4. Screw-type devices shall be secured by means of expansion-type 
anchors. Equivalent manual or machine-driven devices may be used. Where 
toggle bolts are specified equivalent devices may be used.
    5. Pilot holes shall be provided for screws and bridle rings in 
shingles and dropsiding.
    6. Attachment device not applicable.

[[Page 564]]

    7. Attachment device applicable but no separate fastening device 
required.
    8. To convert English units to Metric units use 1 in. = 25.4 mm.

    (ff) Fastener spacings for vertical and horizontal runs on frame or 
masonry buildings shall not be more than 6 ft (2 m) apart. Fasteners 
should be spaced close enough to prevent the aerial service wire from 
``slapping'' against the building during windy conditions.
    (gg) When it is necessary to pass behind or around obstructions such 
as downspouts and vertical conduits, the aerial service wire shall be 
supported firmly with attachment devices placed not more than 6 in. (152 
mm) from the obstruction as illustrated in Figures 4 and 5 of paragraph 
(hh) of this section. Preferably, the aerial service wire should be 
routed behind obstructions to minimize the possibility of mechanical 
damage to the aerial service wire in the event repair work to the 
obstruction is required.
    (hh) When passing around building projections of masonry or wood or 
around corners, aerial service wires shall be installed as illustrated 
in Figures 5 and 6. Figures 4, 5, and 6 are as follows:

[[Page 565]]

[GRAPHIC] [TIFF OMITTED] TR17AU01.005


[[Page 566]]


[GRAPHIC] [TIFF OMITTED] TR17AU01.006


[[Page 567]]


[GRAPHIC] [TIFF OMITTED] TR17AU01.007

    (ii) In areas where ice and snow conditions are severe, aerial 
service wires shall be located so that ice and snow falling from the 
roof will not strike the wires. However, where aerial service wires must 
pass under the sloping part of the roof, first attachments shall be made 
as close as practicable to the eaves.
    (jj) If two aerial service wire spans are required to the same 
building, the first attachment shall be such that both aerial service 
wires can be attached at the same attachment device. Refer to 
construction drawing 508-1 contained in Sec.  1755.510. Where more than 
two aerial service wires are required, additional attachment devices

[[Page 568]]

in the same general location on the building shall be used.
    (kk) When two or more aerial service wire runs are required on the 
same building they shall share the same type of attachment devices.
    (ll) Aerial service wire entrances to buildings shall conform to 
sketch B of construction drawing 510-2 contained in Sec.  1755.510, 
unless the entrance is made through a conduit.
    (mm) When the aerial service wire approaches the entrance hole from 
above, a 1.5 in. (40 mm) minimum drip loop shall be formed in accordance 
with sketch B of construction drawing 510-2 contained in Sec.  1755.510.
    (nn) If an entrance conduit which slopes upward from outside to 
inside is available and suitably located, it shall be used for the 
aerial service wire entrance.

[66 FR 43317, Aug. 17, 2001, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  1755.507  Aerial cable services.

    (a) Where more than six pairs are needed initially, and where an 
aerial service is necessary, the service shall consist of 22 AWG filled 
aerial cable of a pair size adequate for the ultimate anticipated 
service needs of the building. The cable shall comply with the 
requirements of Sec.  1755.390, RUS specification for filled telephone 
cables, and shall be RUS accepted or RUS technically accepted.
    (b) Aerial cable services shall be constructed in accordance with 
specific installation specifications prepared by the RUS borrower or the 
engineer delegated by the borrower.
    (c) Unless otherwise specified in the installation specifications, 
aerial cable service installations shall meet the following 
requirements:
    (1) Strand supported lashed construction shall be used.
    (2) Where practicable a \5/16\ in. (8 mm) utility grade strand and 
automatic clamps shall be used in slack spans to avoid damage to the 
building.
    (3) Construction on poles shall comply with applicable construction 
drawings for regular line construction. Aerial service cable shall be 
spliced to the main cable in accordance with Sec.  1755.200, RUS 
standard for splicing copper and fiber optic cables.
    (4) Where practicable, aerial cable shall pass under electrical 
guys, distribution secondaries, and services.
    (5) The suspension strand shall be attached to the building by wall 
brackets as indicated in Figure 7 as follows:

[[Page 569]]

[GRAPHIC] [TIFF OMITTED] TR17AU01.008

    (i) If taut spans are necessary, appropriate size strand may be used 
if the pull is in line with one wall of the building, or within 20 
degrees of being in line as illustrated in sketch A of Figure 7. If the 
angle of pull is greater than 20 degrees from the building, the wall 
bracket shall be reinforced against pullout by an arrangement equivalent 
to sketch B of Figure 7. Taut spans may be strung using the 
recommendations in RUS Bulletin 1751F-630, Design of Aerial Plant. The 
same tension as would be used in normal line construction so as not to 
exceed 60 percent of the breaking strength of the strand under maximum 
loading shall be used. Taut spans shall

[[Page 570]]

not exceed 100 ft (30.5 m) in length and the cable weight shall not 
exceed 1 pound/foot (lb/ft) [1.5 kilogram/meter (kg/m)] except when 
equivalent combinations of greater span lengths with cable weight less 
than 1 lb/ft (1.5 kg/m) are permissible. Copies of RUS Bulletin 1751F-
630 are available upon request from RUS/USDA, 1400 Independence Avenue, 
SW., STOP 1522, Washington, DC 20250-1522, FAX (202) 720-4120.
    (ii) When an attachment must be made to the face of a building wall 
away from a corner, a ``U'' type wall bracket shall be used as indicated 
in sketch C of Figure 7. Only slack span construction with \5/16\ in. (8 
mm) utility grade strand shall be permitted in this situation. The bail 
of the automatic clamp shall be protected by a wire rope thimble.
    (6) Aerial cable shall be located on the rear or side of the 
building and shall be run only in a horizontal or a vertical direction. 
The cable route shall be selected so as to avoid building projections 
and obstructions to the extent practicable.
    (7) Cable attachment devices shall be located on solid masonry or on 
studs of wood frame buildings. Cable attachment devices may be installed 
on sheet surface materials only when such materials are reinforced with 
a backing material which allows penetration and firm holding of the 
attachment devices through the backing material.
    (8) The minimum separation on or in buildings between cable and 
other facilities shall be as indicated in Sec.  1755.505(f)(8), Table 1.
    (9) On horizontal runs, cable clamps shall be placed so that the 
attachment is below the cable. On vertical runs, cable clamps shall be 
placed so that the attachment is on the same side as horizontal runs. 
Cable clamps shall be placed on the inside of cable bends.
    (10) On horizontal runs, cable clamps shall be placed not more than 
16 in. (400 mm) apart for cable diameters equal to or greater than 1 in. 
(25.4 mm) and 24 in. (600 mm) apart for cable diameters less than 1 in. 
(25.4 mm).
    (11) On vertical runs, cable clamps shall be approximately 24 in. 
(600 mm) apart for all sizes of cable.
    (12) For the cable entrance, holes shall be bored slightly larger in 
diameter than the cable and shall slope upward from outside to inside. A 
duct sealer having RUS acceptance or RUS technical acceptance shall be 
applied to both ends of the hole after the cable is pulled in.
    (13) Section 1755.505(g) and (h) shall also apply to aerial cable 
services.

[66 FR 43317, Aug. 17, 2001]



Sec.  1755.508  Customer access location protection.

    (a) All customer access locations shall be protected.
    (b) Customer access location protection shall consist of installing 
the telecommunications facilities with proper clearances and insulation 
from other facilities, providing primary voltage limiting protection, 
fuse links, NIDs, BETs, or fused primary station protectors, if 
required, and adequate bonding and grounding.
    (c) All NIDs shall be RUS accepted or RUS technically accepted or 
the RUS borrower shall obtain RUS regional office approval on a case by 
case basis as applicable.
    (d) All BETs shall be RUS accepted or RUS technically accepted.
    (e) All fused primary station protectors shall be RUS accepted or 
RUS technically accepted.
    (f) NIDs, BETs, or fused primary station protectors shall be mounted 
outside for all applications except for those described in paragraphs 
(g)(1) through (g)(3) of this section.
    (g) NIDs, BETs, or fused primary station protectors may be mounted 
inside when:
    (1) Large buildings are to be served and the customer requests an 
inside installation;
    (2) Buried alarm circuits are requested by the subscriber; or
    (3) The customer requests an all buried installation for appearance 
or to prevent the drilling of holes in aluminum or vinyl siding.
    (h) Outside mounted NIDs, BETs, or fused primary station protectors 
shall be easily accessible and shall be located between 3 to 5 ft (1 to 
1.5 m) above final grade.
    (i) The locations of NIDs, BETs, or fused primary station protectors 
shall be selected with emphasis on utilizing the shortest primary 
station protector

[[Page 571]]

grounding conductor practicable and on grounding of the 
telecommunications primary station protector to the electric service 
grounding system established at the building served utilizing electrodes 
(c) through (g) cited in section 800-40(b)(1) of ANSI/NFPA 70-1999, NEC 
[supreg]. The National Electrical Code [supreg] and NEC [supreg] are 
registered trademarks of the National Fire Protection Association, Inc., 
Quincy, MA 02269. The ANSI/NFPA 70-1999, NEC [supreg], is incorporated 
by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies are available from NFPA, 1 Batterymarch Park, P. O. Box 9101, 
Quincy, Massachusetts 02269-9101, telephone number 1 (800) 344-3555. 
Copies of ANSI/NFPA 70-1999, NEC [supreg], are available for inspection 
during normal business hours at RUS, room 2905, U.S. Department of 
Agriculture, 1400 Independence Avenue, SW., STOP 1598, Washington, DC 
20250-1598, or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (j) If access to the building electric service grounding system, as 
referenced in paragraph (i) of this section, is not possible or is not 
reasonable (telecommunications primary station protector grounding 
conductor will be longer than 10 ft (3 m)), the NID, BET, or fused 
primary station protector shall be located as close as practicable to 
electrodes (a) or (b) cited in section 800-40(b)(1) of ANSI/NFPA 70-
1999, NEC [supreg].
    (k) In addition, the NID, BET, or fused primary station protector 
shall be located in, on, or immediately adjacent to the structure or 
building to be served as close as practicable to the point at which the 
telecommunications service wire attaches to the building, making sure 
that the telecommunications primary station protector grounding 
conductor is connected to the closest, existing, and accessible 
electrode, of the electrodes cited in paragraph (i) or (j) of this 
section.
    (l) For the preferred customer access location installation, the 
ANSI/NFPA 70-1999, NEC [supreg], permits the telecommunications 
grounding conductor to be connected to the metallic conduit, service 
equipment closure, or electric grounding conductor as shown in Figure 8 
of paragraph (l)(2) of this section.
    (1) Connections to metallic conduits shall be made by ground straps 
clamped over a portion of the conduit that has been cleaned by sanding 
down to bare metal.
    (2) Connections to metallic service equipment closures shall be made 
by attaching a connector which is listed for the purpose by some 
organization acceptable to the local authority (State, county, etc.) per 
article 100 of ANSI/NFPA 70-1999, NEC [supreg], definition for 
``Listed'' (for example connectors listed for the purpose by 
Underwriters Laboratories (UL)). Figure 8 is as follows:

[[Page 572]]

[GRAPHIC] [TIFF OMITTED] TR17AU01.009

    (m) Where it is not possible to accomplish the objective of 
paragraphs (i), (j), and (k) of this section, interior metallic pipes 
may be used to the maximum practicable extent to gain access to the 
electric service ground as shown in Figure 9. Note that the water pipe 
in Figure 9 is electrically continuous between electric and 
telecommunications bonds to the cold water pipe and it is used only as a 
portion of a bonding conductor and, therefore, does not have to be 
``acceptable'' as a ground electrode but may be floating (isolated from 
ground by a plastic pipe section). ANSI/NFPA 70-1999, NEC [supreg], 
requires that metal piping be used as a bonding conductor in this manner 
only when

[[Page 573]]

the connectors to the pipe are within 1.5 m (5 ft) of where the pipe 
enters the premises. This is not the preferred installation. The RUS 
preferred installation has the telecommunications primary station 
protector grounded directly to an accessible location near the power 
grounding system. See paragraph (l) of this section. Figure 9 is as 
follows:
[GRAPHIC] [TIFF OMITTED] TR17AU01.010


[[Page 574]]


    (n) Where the telecommunications premises system at a customer's 
access location is grounded to a separate electrode (of any type) this 
telecommunications grounding electrode must be bonded to the electric 
grounding system with a No. 6 AWG or larger copper insulated grounding 
conductor. Bonding of separate electrodes is a requirement of the ANSI/
NFPA 70-1999, NEC [supreg].
    (o) The NID, BET, or fused primary station protector pair size shall 
be selected for the number of lines anticipated within five years.
    (p) When lightning damage is considered probable or customer access 
locations are remote from the borrower's headquarters, use of maximum 
duty gas tube primary station protectors incorporated in NIDs, BETs, or 
fused primary station protectors should be considered. (See RUS TE&CM 
823, Electrical Protection by Use of Gas Tube Arresters). Copies of RUS 
TE&CM 823 are available upon request from RUS/USDA, 1400 Independence 
Avenue, SW., STOP 1522, Washington, DC 20250-1522, FAX (202) 720-4120.
    (q) NIDs or BETs incorporating fuseless station protectors shall 
always be used in preference to fused station protectors or BETs 
incorporating fused protectors, when in the judgment of the RUS borrower 
or the engineer delegated by the RUS borrower, the requirements of ANSI/
NFPA 70-1999, NEC [supreg], for fuseless station protectors can be met.
    (r) A fuse link consisting of a copper conductor two gauges (AWG) 
finer (numerically higher) conductivity than the aerial service wire 
shall be provided between the cable and aerial service wire where NIDs 
or BETs incorporating fuseless station protectors are used. Thus for a 
22 AWG drop, a fuse link of No. 24 AWG or finer copper wire shall be 
provided. If the cable circuit is No. 24 gauge or finer, the cable 
conductors serve as the fuse link for the 22 AWG aerial service wire and 
no separate fuse link is necessary. (Note: The fuse link or the 
facilities serving as the fuse link must be located between the 
telecommunications facilities that are exposed to possible power cross 
and the customer drop where there is no exposure to possible power 
cross.)
    (s) RUS's buried plant practices require buried main line plant to 
be protected against power contacts to aerial plant extensions and 
aerial inserts by No. 24 AWG fuse links at every buried-aerial junction.
    (t) In aerial cable plant, fuse links are usually provided by No. 24 
AWG leads on filled terminal blocks regardless of the gauge of the cable 
conductors. This practice is acceptable if the ampacity of the aerial 
service wire is sufficiently higher than the fuse link's ampacity.
    (u) The grounding and bonding of each NID, BET, or fused primary 
station protector shall be selected by consulting paragraphs (i) through 
(n) of this section. The ``first choice'' assembly unit shall be 
selected whenever the prevailing conditions make its use practicable. 
The NID, BET, or fused primary station protector assembly unit selected 
shall be installed in accordance with the appropriate construction 
drawing specified in RUS Bulletin 1753F-153 (RUS Form 515d), 
Specifications and Drawings for Service Installations at Customer Access 
Locations (Incorporated by reference at Sec.  1755.97). Copies of RUS 
Bulletin 1753F-153 are available upon request from RUS/USDA, 1400 
Independence Avenue, SW., STOP 1522, Washington, DC 20250-1522, FAX 
(202) 720-4120.
    (v) The minimum size grounding conductor that can be used with a 
single NID; a group of NIDs; a multipair NID; fused protector; or BET 
shall be in accordance Table 5, as follows:

       Table 5--Grounding Conductor Size Versus Number of Circuits
------------------------------------------------------------------------
                                            Number of circuits
  Minimum grounding conductor   ----------------------------------------
              size                Fuseless (carbon
                                    or gas tube)            Fused
------------------------------------------------------------------------
12 AWG, copper, insulated.....  1 to 2............  1 to 3.
10 AWG, copper, insulated.....  3 to 5............  4 to 7.
6 AWG, copper, insulated......  6 or more.........  8 or more.
------------------------------------------------------------------------


[[Page 575]]

    (w) Grounding conductor runs between the NID, BET, or fused station 
protector and the ground electrode shall conform to the following:
    (1) The shortest, most direct route practicable shall be used;
    (2) Sharp bends in the grounding conductor shall be avoided during 
installation;
    (3) No splices shall be made in the grounding conductor;
    (4) Grounding conductors shall not be fished through walls, under 
floors, or placed in bridle rings or any metal conduit unless the 
grounding conductor is bonded to the conductor at both ends of the 
metallic conduit;
    (5) Grounding conductor runs from an outside mounted NID, BET, or 
fused station protector to an inside ground electrode shall use the same 
entrance as the station wire; and
    (6) Grounding conductor runs from an outside mounted NID, BET, or 
fused station protector to an outside ground electrode at the building 
shall be attached to the exterior surface of the building or buried. If 
buried, the grounding conductor shall be either plowed or trenched to a 
minimum depth of 12 in. (300 mm). When trenched, the trenches shall be 
as close to the side of the building as practicable, backfilled, and 
tamped to restore the earth to its original condition.
    (x) Telecommunications grounding connectors shall be RUS accepted or 
RUS technically accepted. Grounding and bonding conductors shall be made 
of copper. Where the grounding and bonding conductors must be connected 
to aluminum electric service grounding conductors, bimetal grounding 
connectors shall be used.
    (y) Grounding conductor attachments shall conform to the following:
    (1) Galvanized nails or clamps, or nickel-copper alloy staples shall 
be used for grounding conductor attachments in accordance with Table 6 
in paragraph (y)(3) of this section;
    (2) Grounding conductors, station or buried service wires in 
parallel runs may share the same fastening device when the device is 
specifically designed for two wires. See Table 6 in paragraph (y)(3) of 
this section for station wire and grounding conductor fasteners; and
    (3) Grounding conductor fasteners shall be placed 12 to 18 in. (300 
to 450 mm) apart on straight runs and 2 to 4 in. (50.8 to 100 mm) apart 
at corners and at bends. Table 6 is as follows:

[[Page 576]]

[GRAPHIC] [TIFF OMITTED] TR17AU01.011

    Notes: 1. Screw dimensions are minimum. Where appropriate, either or 
both dimensions shall be increased. All wood screws for exterior use 
shall be stainless steel. All other exterior metal devices shall be 
stainless steel, zinc coated steel, silicon bronze, or corrosion 
resistant aluminum alloy.
    2. Toggle bolt dimensions are minimum. Where appropriate, either or 
both dimensions shall be increased.
    3. Wall screw anchors may be used in wall board, plaster or tile 
walls. Screws and nails in masonry shall be secured by means of 
expansions type anchors. Equivalent manual or machine-driven devices may 
be used. Where toggle bolts are specified, equivalent devices may be 
used.
    4. Lead holes shall be drilled for screws, nails, and bridle rings 
in shingles and dropsiding.

[[Page 577]]

    5. Sheet metal screws shall be used except where toggle bolts are 
required. Where wood sheathing under sheet metal siding is encountered, 
the sheet metal may be drilled or punched and a wood screw used.
    6. Machine-driven staples of nickel-copper composition may be used 
for exterior wiring.
    7. Galvanized clamps and wiring nails may be used for exterior and 
interior wiring. Enameled clamps shall be used for interior wiring only. 
Where toggle bolts or equivalent devices require holes in the structure 
larger than the clamp being fastened, a suitable washer of sufficient 
size to cover the hole must be used under the clamp.
    8. Double clamp may be used where two 22 AWG station wires, two 12 
AWG grounding conductors, or one 22 AWG station wire and one 12 
grounding conductor parallels one another.
    9. For converting English units to Metric units use 1 in. = 25.4 mm.

    (z) Grounding conductors shall be separated from non-
telecommunications company wires in accordance with section 800-12(b) of 
ANSI/NFPA 70-1999, NEC [supreg].
    (aa) Grounding conductors run through metal conduits shall be bonded 
to the conduit at each end. RUS accepted and RUS technically accepted 
pipe type ground clamps and grounding connectors shall be used for 
bonding.
    (bb) Where NID, BET, or fused station protector assembly units 
require grounding conductor connections to pipe systems, the following 
apply:
    (1) The connection shall be made to a cold water pipe of an 
operating water system;
    (2) The connection point shall be preferably inside the building;
    (3) Allow a minimum of 6 in. (152 mm) between the last fastener and 
the point where the grounding conductor first touches the water pipe;
    (4) Leave 2 in. (50.8 mm) of slack in the grounding conductor to 
avoid breaking the conductor at the terminating point. Tape the 
grounding conductor to the pipe where possible to avoid movement. In no 
case, shall the grounding conductor be coiled or wrapped around the 
pipe;
    (5) The pipe shall be cleaned with fine sand paper to make a good 
electrical connection. Care should be taken to avoid damaging the pipe 
while cleaning it;
    (6) Attach the pipe grounding conductor connector to the cleaned 
area of pipe and tighten. Care shall be exercised to avoid deforming, 
crushing, or otherwise damaging the pipe. A simple continuity check with 
an ohmmeter between the connector and the pipe will indicate whether or 
not a good electrical contact has been made. Set the ohmmeter to ``Rx1'' 
scale to ensure that a low resistance contact is made;
    (7) A warning tag shall be attached to the ground clamp with the 
following or equivalent statement: ``Call the telecommunications company 
if this connector or grounding conductor is loose or must be removed;'' 
and
    (8) When the water pipe is used, the ANSI/NFPA 70-1999, NEC 
[supreg], requires that metal piping be used as a bonding conductor in 
this manner only when the connections to the pipe are within 5 ft (1.5 
m) of where the pipe enters the premises.
    (cc) Bonding conductors shall consist of either copper or tinned 
copper insulated wires of appropriate sizes.
    (1) Bonding conductors shall be run and attached in the same manner 
as grounding conductors.
    (2) Attaching and terminating devices for bonding conductors shall 
be adequate for the size of wire involved. The No. 6 AWG copper 
insulated conductor or larger shall not be terminated by bending it 
around a threaded stud.
    (dd) Where NID, BET, or fused station protector assembly units 
require a driven ground rod the following shall apply to the ground rod 
installation:
    (1) Locate the ground rod at least 1 ft (300 mm) from buildings, 
poles, trees and other obstruction;
    (2) Ground rods shall not be installed within 6 ft (2 m) of electric 
service ground rods (Note: This minimum separation is provided to avoid 
mutual impedance effects of multiple grounding electrodes that will 
deleteriously degrade the effective impedance-to-earth if grounding 
electrodes are installed any closer than 6 ft (2 m) to one another. This 
requirement is included for cases where the telecommunications company 
is not allowed, for some reason, to observe the RUS preferred grounding 
method of attaching the primary protector grounding conductor directly 
to an accessible point on the

[[Page 578]]

building electric service grounding system. RUS believes that if the 
primary protector location can be sited within 6 ft (2 m) of the 
electric service ground rod then the electric service ground rod could 
be used as the preferred telecommunications grounding electrode and a 
separate telecommunications ground rod is unnecessary);
    (3) A hole, 15 in. (350 mm) deep and 6 in. (150 mm) in diameter, 
shall be dug at the location where the ground rod is to be driven;
    (4) Where ``slip-on'' type ground rod clamps are used instead of 
``clamp-around'' type clamps, the ground rod clamps shall be placed onto 
the rod prior to driving the rod into the ground (Note there should be 
one clamp for the NID, BET, or fused station protector grounding 
conductor and one clamp for the conductor required to bond the 
telecommunications ground rod to the electric grounding system). 
However, the clamp shall not be tightened until the rod is completely 
driven. The end of the rod shall be placed in the bottom of the hole and 
the rod shall be aligned vertically adjacent to one wall of the hole 
prior to driving. The rod shall be driven until its tip is 12 in. (300 
mm) below final grade. The grounding conductor shall then be attached, 
the clamp shall be tightened, and hole backfilled. Clamps employed in 
this manner shall be suitable for direct burial and shall be RUS 
accepted or RUS technically accepted; and
    (5) Where rods are manually driven, a large number of blows from a 
light hammer (4 lbs (1.8 kg)) shall be used instead of heavy 
sledgehammer type blows. This should keep the rod from bending.
    (ee) Terminations on fuseless primary station protectors 
incorporated in NIDs and on fused primary station protectors shall be as 
shown in Figures 10, 11, 12, and 13 of paragraph (ee)(1) of this 
section, Figure 14 of paragraph (ee)(4) of this section, and Figure 15 
of paragraph (ee)(6) of this section. The inner jackets of buried 
service wires and outer jackets of cables used as service drops shall be 
extended into the NID or the fused primary station protector. A 10 in. 
(250 mm) length of each spare wire shall be left in NIDs or fused 
primary station protectors. The spare wires shall be coiled up neatly 
and stored in the NID or fused primary station protector housing.
    (1) The shields of buried service wires may be connected to the 
ground binding post using RUS accepted or RUS technically accepted 
buried service shield bond connectors as shown in Figure 10 for NIDs and 
Figure 11 for fused primary station protectors. RUS accepted or RUS 
technically accepted buried service wire harness wires designed for 
customer access location installations may also be used for terminating 
buried service wire shields to the ground binding post of the NID as 
shown in Figure 12 and Figure 13 for fused primary station protectors. 
Figures 10 through 13 are as follows:

[[Page 579]]

[GRAPHIC] [TIFF OMITTED] TR17AU01.012


[[Page 580]]


[GRAPHIC] [TIFF OMITTED] TR17AU01.013


[[Page 581]]


[GRAPHIC] [TIFF OMITTED] TR17AU01.014


[[Page 582]]


[GRAPHIC] [TIFF OMITTED] TR17AU01.015

    (2) On buried service drops and aerial service drops of more than 6 
pairs using RUS accepted or RUS technically accepted cables, the shields 
shall be terminated with a RUS accepted or RUS technically accepted 
cable shield bonding connector and extended to the ground binding post 
of the NID, BET, or fused primary station protector with an RUS accepted 
or RUS technically accepted bonding harness wire. The installation of 
the shield bond connector and bonding harness wire shall be in 
accordance with the manufacturer's instructions.
    (3) The shield and other conductors at the fuseless primary station 
protector incorporated in the NID shall be

[[Page 583]]

terminated as shown on Figure 14 in paragraph (ee)(4) of this section. 
The pronged or cupped washer shall be placed above the shield. The 
grounding conductor shall be placed around the post on top of the 
pronged or cupped washer. A flat washer shall be placed above the 
grounding conductor.
    (4) The station wire signaling ground conductor, if required, shall 
be placed above the first flat washer and beneath the second flat washer 
as indicated in Figure 14 as follows:
[GRAPHIC] [TIFF OMITTED] TR17AU01.016


[[Page 584]]


    (5) The shield and other conductors at the fused primary station 
protector shall be terminated as shown on Figure 15 in paragraph (ee)(6) 
of this section. The pronged or cupped washer shall be placed above the 
shield. The grounding conductor shall be placed around the post on top 
of the pronged or cupped washer. A flat washer shall be placed above the 
grounding conductor.
    (6) The station wire signaling ground conductor, if required, shall 
be placed above the first flat washer and beneath the second flat washer 
as indicated in Figure 15 as follows:
[GRAPHIC] [TIFF OMITTED] TR17AU01.017


[[Page 585]]


    (7) Indoor NIDs or BETs that are equipped with ``Quick Connect'' 
type terminals shall not have more than one wire connected per clip. No. 
19 AWG copper and No. 18 AWG copper covered-steel reinforced aerial 
service wire conductors shall not be connected to quick connect 
terminals. Nonmetallic reinforced aerial service wire using No. 22 AWG 
copper conductors may be connected to the quick connect terminals.
    (8) Tip and ring connections and other connections in multipair NIDs 
or BETs shall be as indicated in Figure 16 as follows:
[GRAPHIC] [TIFF OMITTED] TR17AU01.018


[[Page 586]]


    (ff) System polarity and conductor identification shall be 
maintained in NIDs, BETs, or fused primary station protectors in 
accordance with construction drawings 815 and 815-1 contained in Sec.  
1755.510.

[66 FR 43317, Aug. 17, 2001, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  1755.509  Mobile homes.

    (a) Customer access location installations at mobile homes shall be 
treated the same whether the homes are mounted on permanent foundations 
or temporary foundations and shall be installed as specified in 
Sec. Sec.  1755.500 through 1755.510. For the purpose of this section, 
mobile homes include manufactured homes, motor homes, truck campers, 
travel trailers, and all forms of recreational vehicles. Customer access 
location installations at mobile homes can be considerably different 
than customer access location installations at regular homes and 
borrowers shall be certain that the two types of installations are 
properly applied.
    (b) The method of customer access location installation prescribed 
by the ANSI/NFPA 70-1999, NEC [supreg] for a mobile home depends on how 
the electric power is installed at the mobile home and it can involve 
considerable judgment on the part of the telecommunications installer. 
The National Electrical Code [supreg] and NEC [supreg] are registered 
trademarks of the National Fire Protection Association, Inc., Quincy, MA 
02269. The ANSI/NFPA 70-1999, NEC [supreg], is incorporated by reference 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies are 
available from NFPA, 1 Batterymarch Park, P. O. Box 9101, Quincy, 
Massachusetts 02269-9101, telephone number 1 (800) 344-3555. Copies of 
ANSI/NFPA 70-1999, NEC [supreg], are available for inspection during 
normal business hours at RUS, room 2905, U.S. Department of Agriculture, 
1400 Independence Avenue, SW., STOP 1598, Washington, DC 20250-1598, or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. The ANSI/NFPA 70-1999, 
NEC [supreg], requires primary station protectors to be located where 
specific acceptable grounding electrodes exist. The ANSI/NFPA 70-1999, 
NEC [supreg], allows station protector installations to be at the 
location of the power meter or the electric disconnecting means 
apparatus serving the mobile home providing these electric facilities 
are installed in the manner specifically defined by the ANSI/NFPA 70-
1999, NEC [supreg]. The ANSI/NFPA 70-1999, NEC [supreg], requires the 
station protectors to be installed at the nearest of a number of other 
meticulously defined ANSI/NFPA 70-1999, NEC [supreg], acceptable 
electrodes where the protector cannot be installed at the power meter or 
the electric disconnecting means apparatus serving the mobile home. The 
provisions can be confusing.
    (c) NIDs shall be installed at mobile homes as follows:
    (1) Where the mobile home electric service equipment (power meter, 
etc.,) or the electric service disconnecting means associated with the 
mobile home is located within 35 ft (10.7 m) of the exterior wall of the 
mobile homes it serves, the NID shall be installed in accordance with 
Figure 17 as follows:

[[Page 587]]

[GRAPHIC] [TIFF OMITTED] TR17AU01.019

    (2) Where the mobile home electric service equipment (power meter, 
etc.,) or the electric service disconnecting means associated with the 
mobile home is located more than 35 ft (10.7 m) from the exterior wall 
of the mobile homes it serves, the NID shall be installed in accordance 
with Figure 18 as follows:

[[Page 588]]

[GRAPHIC] [TIFF OMITTED] TR17AU01.020

    (d) The service wire and station wire shall be terminated in the NID 
in accordance with Figure 19 in paragraph (e) of this section.
    (e) Installation of the station wire and grounding conductor at the 
mobile home shall be in accordance with Figure 20. Figures 19 and 20 are 
as follows:

[[Page 589]]

[GRAPHIC] [TIFF OMITTED] TR17AU01.021


[[Page 590]]


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[66 FR 43317, Aug. 17, 2001, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  1755.510  Construction and assembly unit drawings.

    (a) The construction and assembly unit drawings in this section 
shall be used by borrowers to assist the installer in making the 
customer access location installations.
    (b) The asterisks appearing on the construction drawings indicate 
that the items are no longer listed in the RUS Informational Publication 
(IP) 344-2, ``List of Materials Acceptable for Use on Telecommunications 
Systems of RUS Borrowers.'' RUS IP 344-2 can

[[Page 591]]

be obtained from the Superintendent of Documents, P. O. Box 371954, 
Pittsburgh, PA 15250-7954, telephone number (202) 512-1800.
    (c) Drawings BM50, BM83, 312-1, 501-1, 501-2, 503-2, 504, 505, 506, 
507, 508-1, 510, 510-1, 510-2, 513, 815, 815-1, 958, and 962 are as 
follows:
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[66 FR 43327, Aug. 17, 2001]



Sec. Sec.  1755.511-1755.521  [Reserved]



Sec.  1755.522  RUS general specification for digital, stored program 
controlled central office equipment.

    (a) General. (1) This section covers general requirements for a 
digital telephone central office switching system, which is fully 
electronic and controlled by stored program processors. A digital 
switching system transfers information which is digitally encoded from 
any input port to a temporarily addressed exit port. The information may 
enter

[[Page 610]]

the system in either analog or digital form and may or may not be 
converted to analog at the exit port depending on the facility beyond. 
The switching system shall operate properly as an integral part of the 
telephone network when connected to physical and carrier derived 
circuits meeting RUS specifications and other generally accepted 
telecommunications practices.
    (2) The output of a digital-to-digital port shall be Pulse Code 
Modulation (PCM), encoded in eight-bit words using the mu-255 encoding 
law and D3 encoding format, and arranged to interface with a T1 span 
line.
    (3) American National Standards Institute (ANSI) Standard S1.4-1983, 
Specification for Sound Level Meters, is incorporated by reference by 
RUS. This includes S1.4A-1985 that is also incorporated by reference. 
This incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies may be obtained from ANSI Inc., 11 West 42nd Street, 13th Floor, 
New York, NY 10036, telephone 212-642-4900. Copies may be inspected 
during normal business hours at RUS, room 2838-S, U.S. Department of 
Agriculture, Washington, DC 20250, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
    (4) American Society for Testing Materials (ASTM) Specification B 
33-91, Standard Specification for Tinned Soft or Annealed Copper Wire 
for Electrical Purposes, is incorporated by reference by RUS. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be obtained from ASTM, 1916 Race Street, Philadelphia, PA, telephone 
215-299-5400. Copies may be inspected during normal business hours at 
RUS, room 2838-S, U.S. Department of Agriculture, Washington, DC 20250, 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (5) Bell Communications Research (Bellcore) document SR-TSV-002275, 
BOC Notes on the LEC Networks--1990, March 1991, is incorporated by 
reference by RUS. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR Part 51. Copies may be obtained from Bellcore Customer Service, 60 
New England Avenue, Piscataway, NJ 08854, telephone 1-800-521-2673. 
Copies may be inspected during normal business hours at RUS, room 2838-
S, U.S. Department of Agriculture, Washington, DC 20250, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
    (6) Bellcore TR-TSY-000508, Automatic Message Accounting, July 1987, 
is incorporated by reference by RUS. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Bellcore 
Customer Service, 60 New England Avenue, Piscataway, NJ 08854, telephone 
1-800-521-2673. Copies may be inspected during normal business hours at 
RUS, room 2838-S, U.S. Department of Agriculture, Washington, DC 20250, 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (7) Federal Standard H28, Screw-Thread Standards for Federal 
Services, March 31, 1978, is incorporated by reference by RUS. This 
includes: Change Notice 1, Federal Standard, Screw-Thread Standards for 
Federal Services, May 28, 1986; Change Notice 2, Federal Standard, 
Screw-Thread Standards for Federal Services, January 20, 1989; and 
Change Notice 3, Federal Standard, Screw-Thread Standards for Federal 
Services, March 12, 1990. This incorporation by reference was approved 
by the Director of the Federal Register in

[[Page 611]]

accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
obtained from the General Services Administration, Specification 
Section, 490 East L'Enfant Plaza SW, Washington, DC 20407, telephone 
202-755-0325. Copies may be inspected during normal business hours at 
RUS, room 2838-S, U.S. Department of Agriculture, Washington, DC 20250, 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (8) Institute of Electrical and Electronics Engineers (IEEE) Std 
455-1985, IEEE Standard Test Procedure for Measuring Longitudinal 
Balance of Telephone Equipment Operating in the Voice Band, is 
incorporated by reference by RUS. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from IEEE 
Service Center, 445 Hoes Lane, P. O. Box 1331, Piscataway, NJ 08854, 
telephone (201) 981-0060. Copies may be inspected during normal business 
hours at RUS, room 2838-S, U.S. Department of Agriculture, Washington, 
DC 20250, or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (9) Institute of Electrical and Electronics Engineers (IEEE) Std 
730-1989, IEEE Standard for Software Quality Assurance Plans, is 
incorporated by reference by RUS. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from IEEE 
Service Center, 445 Hoes Lane, P. O. Box 1331, Piscataway, NJ 08854, 
telephone (201) 981-0060. Copies may be inspected during normal business 
hours at RUS, room 2838-S, U.S. Department of Agriculture, Washington, 
DC 20250, or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (10) RUS Bulletin 345-50, PE-60, RUS Specification for Trunk Carrier 
Systems, September 1979, is incorporated by reference by RUS. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552 (a) and 1 CFR part 51. Copies 
may be obtained from the Rural Utilities Service, Administrative 
Services Division, room 0175-S, Washington, DC 20250. The bulletin may 
be inspected at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (11) RUS Bulletin 345-55, PE-61, Central Office Loop Extenders and 
Loop Extender Voice Frequency Repeater Combinations, December 1973, is 
incorporated by reference by RUS. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552 (a) and 1 CFR part 51. Copies may be obtained from the Rural 
Utilities Service, Administrative Services Division, room 0175-S, 
Washington, DC 20250. The bulletin may be inspected at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
    (12) RUS Bulletin 345-87, PE-87, RUS Specification for Terminating 
(TIP) Cable, December 1983, is incorporated by reference RUS. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552 (a) and 1 CFR part 51. Copies 
may be obtained from the Rural Utilities Service, Administrative 
Services Division, room 0175-S, Washington, DC 20250. The bulletin may 
be inspected at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://

[[Page 612]]

www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
    (b) Reliability. (1) Quality control and burn-in procedures shall be 
sufficient so the failure rate of printed circuit boards does not exceed 
an average of 1.0 percent per month of all equipped cards in the central 
office during the first three months after cutover, and an average of 
0.5 percent per month of all equipped cards in the central office during 
any 6-month period thereafter. A failure is considered to be the failure 
of a component on the PC board which requires it to be repaired or 
replaced.
    (2) The central office switching system shall be designed such that 
the expected individual line downtime does not exceed 30 minutes per 
year. This is the interval that the customer is out of service as a 
result of all failure types, excluding dispatch and travel time, i.e., 
hardware, software, and procedural errors.
    (3) The central office switching system shall be designed such that 
there will be no more than 1 hour of total outages in 20 years, 
excluding dispatch and travel time for unattended offices.
    (c) System type acceptance tests. (1) System type acceptance tests 
(general acceptance tests) are performed for the purpose of determining 
whether or not a type of switching system should be added or retained as 
an RUS accepted system. While general acceptance tests will be required 
on each system type, they will not be expected to cover every 
requirement in this section. However, any installation of a system 
provided in accordance with this section shall be capable of meeting any 
requirement in this section on a spot-check basis.
    (2) A ``completed call'' test shall be made part of these system 
type acceptance tests. There shall be no more than two in 10,000 locally 
originating and incoming calls misdirected, unsuccessfully terminated, 
prematurely disconnected or otherwise failing as a result of equipment 
malfunction and/or equipment failures, or as a result of transients, 
noise or design deficiencies. This test shall be made with a load box 
with no less than 10 lines access and 10 subscriber numbers for 
completion, or equivalent, with no other traffic in the system. If there 
is a failure in the equipment during this test, the cause shall be 
repaired and the test restarted at zero calls.
    (3) System type acceptance testing applies basically to factory type 
testing, and not to owner acceptance testing for individual 
installations. The overall installed and operating system shall also 
meet these requirements, except for unusual circumstances or where 
specifically excluded by this or other RUS requirements.
    (d) Types of requirements. (1) Unless otherwise indicated, the 
requirements listed in this section are fixed requirements.
    (2) Optional requirements are those which may not be needed for 
every office and are identifiable by a phrase such as, ``when specified 
by the owner,'' or, ``as specified by the owner.''
    (3) In some cases where an optional feature specified in paragraph 
(e) of this section will not be required by an owner, either now or in 
the future, a system which does not provide this feature will be 
considered to be in compliance with this section for the specific 
installation under consideration, but not in compliance with the entire 
section.
    (4) The owner may request bids from any RUS accepted supplier whose 
system provides all the features which will be required for a specific 
installation.
    (5) The Application Guide, RUS TE&CM 322, provides information about 
the economic and service factors involved in all optional features, as 
well as instructions for the completion of appendices A and B of this 
section.
    (e) General requirements. (1) The equipment shall provide for 
terminating and automatically interconnecting subscriber lines and 
trunks in response to dial pulses (or pushbutton dialing signals, if 
specified) without the aid of an operator.
    (2) Complete flexibility shall be provided for assigning any 
subscriber directory number to any central office line equipment by the 
use of internal programmed memory. Thus, any subscriber line and/or 
directory number may be moved to another terminal to distribute traffic 
loads, if the line

[[Page 613]]

equipment hardware is compatible with the service provided.
    (3) The system shall be arranged to interface with interexchange 
carrier trunks and networks using single digit or multi-digit access 
codes. The system shall be equipped to handle at least 20-digit 
subscriber dialed numbers. All subscriber directory numbers in the 
office shall be seven-digit numbers.
    (4) The network and the control equipment shall be comprised of 
solid-state and integrated circuitry components. Peripheral equipment 
shall be comprised of solid-state and integrated circuitry components as 
far as practical and consistent with the state-of-the-art and economics 
of the subject system.
    (5) The basic switching system shall include the provision of 
software programming and necessary hardware, including memory, for 
optional custom calling services such as call waiting, call forwarding, 
three-way calling, and abbreviated dialing. It shall be possible to 
provide these services to any individual line (single-party) subscriber. 
The addition of these services shall not reduce the anticipated ultimate 
engineered line, trunk, and traffic capacity of the switching system as 
specified in appendix A of this section.
    (6) The requirements in this specification apply only to single 
party lines. Although only single frequency ringing is required, other 
types may be requested in appendix A of this section.
    (7) Provision shall be made for local automatic message accounting 
(LAMA), and for traffic service position system (TSPS) trunks, or 
equivalent, to the operator's office when required either initially or 
in the future.
    (8) Tandem switching features shall be provided if specified in 
appendix A of this section.
    (9) The system shall be arranged to serve a minimum of eight All 
Number Calling (ANC) office codes per office, with discrimination on 
terminating calls by trunk group, numbering plan, or programmed memory 
and class mark, if specified in appendix A of this section.
    (10) Busy hour load handling capacity is an important feature when 
an office approaches capacity. The delays which may occur in call 
completion during busy hour periods may prove to be excessive in some 
system designs. Accordingly, each bidder shall provide, in appendix C of 
this section, data satisfactory to RUS regarding the busy hour load 
handling capacity and traffic delays of the system.
    (11) Provision shall be made for hotel-motel arrangements, as 
required by the owner, to permit the operation of message registers at 
the subscriber's premises to record local outdial calls by guests (see 
Item 10.5, appendix A of this section).
    (12) Provision shall be made to identify the calling line or 
incoming trunk on nuisance calls (see paragraph (g)(10) of this section 
for details).
    (13) Full access from every subscriber line to every interoffice 
trunk shall be provided.
    (14) Facilities shall be provided to implement service orders, make 
traffic studies, and perform switching and transmission tests by means 
of remote control devices if such operations are specified in Items 11.2 
and 11.3 of appendix A of this section.
    (15) Provision shall be made for the addition of facilities to 
record all subscriber originated calls based on dialed directory number, 
time of day, and duration of conversation. They shall be such that the 
additional equipment (if any is required) may be added to an in-service 
system without interruption of service and a minimum of equipment, 
wiring and software modifications.
    (16) The system shall be capable of distributed switching operation 
where groups of subscriber lines can be remotely located from the 
central office. The remotely situated units are known as ``Remote 
Switching Terminals'' (RST's) (see paragraph (w) of this section). This 
does not eliminate the use of pair gain devices such as direct digitally 
connected concentrators, regular concentrators or subscriber carrier 
equipment, where specifically ordered by the owner and its engineer.
    (17) The switching system shall have means to synchronize its clock 
with switches above it in the network hierarchy, when specified by the 
owner in item 3, appendix A of this section (see paragraph (j) of this 
section).
    (18) Consistent with system arrangements and ease of maintenance, 
space

[[Page 614]]

shall be provided on the floor plan for an orderly layout of future 
equipment bays that will be required for anticipated traffic when the 
office reaches its ultimate size. Readily accessible terminals shall be 
provided for connection to interbay and frame cables to future bays. All 
cables, interbay and intrabay (excluding power), if technically 
feasible, shall be terminated at both ends by use of connectors.
    (19) When specified in appendix A of this section, the system shall 
be capable of processing emergency calls to a 911 service bureau 
connected either by a group of one-way 911 lines or a trunk group.
    (i) It shall be possible to reach the service bureau by dialing 911, 
1 + 911, or a 7-digit number.
    (ii) The system shall select an idle 911 line or trunk.
    (iii) The system shall provide usual ringing and ringback signal 
until the called 911 line answers.
    (iv) If the calling line goes on-hook first, the system shall hold 
the connection from the called 911 line and return steady low tone to 
the service bureau. The system shall then begin a 45-minute timeout, 
after which the calling line is disconnected and an alarm message is 
printed on a TTY. If the calling line goes off-hook before timeout, the 
system shall reestablish the conversation path.
    (v) If the calling line does not disconnect, the service bureau 
attendant shall have the ability to force a disconnect of the 
established connection with the calling party.
    (vi) When the 911 call is answered, the equipment shall be arranged 
so that coin lines are not charged for the call. Similarly, if some form 
of local call charging is used, there shall be no charge for the 911 
call.
    (vii) If the 911 service bureau is holding a calling line, it shall 
be possible for the 911 line to cause the equipment to ring back the 
calling line. This is done by providing a flash of on-hook signal from 
the 911 line lasting from 200 to 1,100 milliseconds. The signal to the 
calling line shall be ringing current if the line is on-hook, or 
receiver off-hook (ROH) tone if the line is off-hook.
    (viii) Calls shall not be originated from the service bureau via the 
dedicated 911 lines. If an attempt is made to originate a call, it shall 
receive reorder tone. After 6 minutes, the system shall print an alarm 
message.
    (ix) If 911 calls pass through intermediate switching, the forced-
hold control, emergency ringback, and calling line status monitoring 
capabilities are lost.
    (f) Line circuit requirements--(1) General. (i) The range of direct 
current (dc) resistances of subscriber loops, measured from the main 
frame in the central office and including the telephone set shall be at 
least 0-1900 ohms without loop extension and 1900-3600 ohms with loop 
extenders, or equivalent. The range when using extension equipment may 
be significantly reduced for straight line ringers. These limits apply 
under maximum adverse environmental and manufacturing variation 
tolerance conditions. Central office voltage shall be stabilized at a 
value necessary to provide at least a nominal 21 milliamperes current 
with a nontreated loop of at least 1900 ohms. Minimum loop insulation 
resistance without loop extenders shall be 25,000 ohms between 
conductors or from either conductor or both conductors in parallel to 
ground. Loop insulation resistance for loop extension devices may be 
100,000 ohms minimum between conductors or from either conductor or both 
conductors in parallel to ground.
    (ii) In addition to operating on nonloaded cable pairs and 
subscriber carrier, the equipment shall function properly with D-66 and 
H-88 loaded cable pairs, including any provisions the equipment must 
control for the purposes of proper transmission.
    (2) Dialing--(i) Subscriber dial speed. The line equipment and 
central office equipment (COE) in tandem shall operate satisfactorily 
when used with subscriber dials having a speed of operation between 
eight and twelve impulses per second and a break period of 55 to 65 
percent of the total impulse period.
    (ii) Subscriber dial interdigital time. The line equipment and 
central office equipment shall operate satisfactorily with subscriber 
rotary dial interdigital times of 200 milliseconds minimum, and with 
pushbutton dialing interdigital times of 50 milliseconds minimum.

[[Page 615]]

    (iii) Subscriber line pushbutton dialing frequencies. (A) The 
frequency pairs assigned for pushbutton dialing shall be as follows, 
with an allowable variation of 1.5 percent:

------------------------------------------------------------------------
                                        High Group Frequencies (Hz)
    Low Group Frequencies (Hz)    --------------------------------------
                                   1209  1336  1477          1633
------------------------------------------------------------------------
697..............................    1     2     3   Spare
770..............................    4     5     6   Spare
852..............................    7     8     9   Spare
941..............................    *     0        Spare
------------------------------------------------------------------------

    (B) The receiver shall comply with the operating parameters of the 
dual-tone multifrequency (DTMF) central office receiver as described in 
section 6 of Bell Communications Research (Bellcore) document SR-TSV-
002275, BOC Notes on the LEC Networks--1990.
    (3) Impedance. For the purpose of this section, the input impedance 
of all subscriber loops served by the equipment is arbitrarily 
considered to be 900 ohms at voice frequencies.
    (4) Lockout. (i) All line circuits shall be arranged for line 
lockout. When a permanent condition occurs prior to placing a line into 
lockout, a timed low level warning followed by a timed high level 
receiver off-hook (ROH) tone (see paragraph (i)(2)(xi) of this section) 
or a howler circuit (see paragraph (o)(2)(iii)(C) of this section) shall 
be applied to the line.
    (ii) The line on lockout shall be reconnected automatically to the 
central office when the permanent off-hook condition is cleared.
    (5) Pay stations. Pay stations may be prepay, or semi-postpay, as 
specified by the owner.
    (6) Loop extension. (i) The number of lines which exceed 1900 ohms 
will be specified by the owner. When requested by the owner, the bidder 
shall furnish equipment to guarantee satisfactory operation of all 
lines.
    (ii) Working limits for subscriber lines with loop extenders are 
covered in RUS Bulletin 345-55, PE-61, Central Office Loop Extenders and 
Loop Extender Voice Frequency Repeater Combinations.
    (iii) Ringing from RUS accepted loop extenders, or their equivalent, 
shall be cut off from the called line when the handset at the called 
station is removed during the ringing or the silent interval.
    (7) Private branch exchange (PBX) lines. PBX trunk hunting shall be 
available. It will not be necessary to segregate PBX lines to certain 
line groups.
    (8) Quantity. A sufficient number of terminations shall be provided, 
in addition to the quantity specified by the owner for subscriber line 
service, to meet the requirements of the system for equipment testing, 
alarm checking, tone transfer, loop around test and other features.
    (9) Types. There shall be provisions for types of lines such as 
ground start, loop start, regular subscriber, pay stations, etc.
    (g) Intraoffice switching requirements. (1) The switching system 
shall:
    (i) Provide dial tone in response to origination of a call by a 
subscriber, except on special lines where the application of dial tone 
is not applicable, such as manual and hot lines;
    (ii) Remove dial tone immediately after the first digit has been 
dialed;
    (iii) Recognize the class of service of the calling subscriber;
    (iv) Register the digits dialed by the calling subscriber where the 
rotary dial or pushbutton dialing characteristics and the minimum 
interdigital times are as specified;
    (v) Perform the necessary translation functions when the required 
number of digits have been registered, and select a channel to a proper 
outgoing trunk, if one is available, to the designated interexchange 
carrier;
    (vi) Provide a transmission path from the calling subscriber line to 
the selected trunk, if an idle one is found;
    (vii) Provide for more than one alternate route to the desired 
destination when specified by the owner, select an idle outgoing trunk 
in the first or second choice alternate route trunk group, if all trunks 
in the higher choice groups are busy, and provide a reorder signal (see 
paragraph (i)(2)(iv) of this section) to the subscriber if no trunks are 
available in the last choice alternate route;
    (viii) Translate the proper part of the registered incoming routing 
data on tandem calls into an identification of an outgoing trunk group, 
select an idle trunk in that group, initiate the connection of the 
incoming trunk to the

[[Page 616]]

outgoing trunk, set the trunks in the proper configuration for tandem 
operation, and transmit information as required to permit completion to 
the desired destination in the distant office;
    (ix) Transmit the proper stored information over the selected trunk 
to permit completion of outgoing calls to the desired destination by the 
distant office or offices, and provide multifrequency (MF) outpulsing 
when specified;
    (x) Register all the digital information on calls incoming from a 
distant office, when dial or MF pulsing characteristics and interdigital 
times are as specified;
    (xi) Translate internally a registered directory number into line 
equipment location, ringing code and terminating class (such as ``PBX 
hunting'') on incoming or intraoffice calls;
    (xii) Test the called line for a busy condition;
    (xiii) Connect the incoming trunk or locally originated call to the 
called line if the called line is idle;
    (xiv) Permit any type of ringing voltage available in the central 
office to be associated with any Subscriber Directory Number (SDN), 
cause the proper type of ringing voltage to be connected to the called 
line, and remove ringing from the line upon answer whether in the 
ringing or silent period; and
    (xv) Test and monitor the switching system continually during 
periods of low traffic using the maintenance and diagnostic subsystem.
    (2) The switching system shall offer at least the following 
originating and terminating class-of-service indications on a per-line 
basis to subscribers, as specified by the owner:
    (i) Flat rate individual line, bridged ringing;
    (ii) Flat rate PBX and trunk hunting numbers, bridged ringing;
    (iii) Pay station;
    (iv) Message rate subscriber line;
    (v) Wide Area Telephone Service (WATS);
    (vi) Extended Area Service (EAS);
    (vii) Data service;
    (viii) Hotel-Motel capability;
    (ix) Denied originating;
    (x) Denied terminating;
    (xi) Custom calling features;
    (xii) Special interexchange carrier accesses; and
    (xiii) Presubscription to designated interexchange carrier.
    (3) The switching system shall provide PBX hunting.
    (i) At least one trunk hunting group in each 100 SDN's equipped 
shall be provided. More may be provided as specified by the owner.
    (ii) PBX groups shall be of a reasonable size commensurate with the 
ultimate size of the switching system.
    (iii) Any available SDN may be used for PBX trunk hunting.
    (iv) Each PBX group shall have the capability of being assigned one 
or more nonhunting SDN's for night service.
    (v) If the called line is a PBX hunting line, the switching system 
shall test all assigned lines in the hunting group for a busy condition.
    (vi) If the called PBX group is busy, line busy tone, as specified 
in paragraph (i)(2)(iii) of this section, shall be returned to the 
originating end of the connection.
    (4) The switching system shall provide pay stations which may be 
prepay or semi-postpay. The system shall be arranged so that an operator 
and emergency service (911) may be reached from prepay or semi-postpay 
coin lines without the use of a coin, when the proper pay station 
equipment is provided.
    (5) To meet dialing requirements, the switching system shall:
    (i) Initiate the line lockout function after a delay, as specified 
in paragraph (r)(3) of this section, if dial or pushbutton dialing 
pulses are not received after initiation of a call, preferably routing 
the subscriber line to a holding circuit for tones and then 
automatically to lockout;
    (ii) Connect 120 interruptions per minute (IPM) paths busy tone, 
recorded message, or other distinctive tone to the calling subscriber if 
an interval longer than that specified in paragraph (r)(4) of this 
section elapses between dialed digits;
    (iii) Register the standard tone calling signals received from a 
subscriber station arranged for pushbutton dialing if specified by the 
owner, provide arrangements to function properly with 12-button 
pushbutton dialing sets,

[[Page 617]]

and return a reorder signal to the subscriber upon receipt of signal 
from the 11th or 12th buttons if neither of these buttons is assigned 
functions; and
    (iv) Connect the incoming trunk to the digit register equipment 
within 120 milliseconds after seizure where direct dialing is received 
on calls from a distant office, cancel the bid for a register, and 
return reorder tone to the calling end if dial pulses are received 
before a register is attached.
    (6) The switching system shall provide for appropriate circuit 
usage.
    (i) To avoid inefficient utilization of the switching network, that 
portion of the common equipment that establishes the connection on 
intramachine calls shall not require more than 500 milliseconds, 
exclusive of ringing and ring trip, to complete its function under no-
delay conditions.
    (ii) The switching system shall provide for duplication in a load 
sharing or redundant configuration any circuit elements or components, 
the failure of which would reduce the grade of service of 100 or more 
lines by more than 25 percent of the traffic carrying capacity.
    (iii) The switching system shall ensure that failure of access to a 
high choice circuit will not prevent subsequent calls from being served 
by lower choice circuits, wherever possible.
    (iv) Where only two circuits of a type are provided, circuits shall 
be designed so that failure of one circuit will not permanently block 
any portion of the system for the duration of the failure.
    (v) Where more than two circuits of a type are provided, successive 
usages should be on a rotational or random basis rather than the step-up 
selection with the possible exception of a last choice trunk.
    (vi) The system shall be designed so that, in the event of a network 
failure, the system shall immediately or simultaneously use a redundant 
portion of the network to complete the call.
    (7) The switching system shall provide busy verification facilities 
with the method of access specified by the owner.
    (i) Only an operator or a switchman shall be able to override a busy 
line condition.
    (ii) If the called line is busy, off-hook supervision shall be given 
the operator or switchman.
    (iii) The responsibility of restricting subscribers in distant 
offices from having access to busy verification shall be on the distant 
office personnel when the toll trunks are used for both toll connecting 
and verification traffic.
    (iv) When a verification code is used, all digits of the code must 
be dialed before cut-through to the called line can be accomplished.
    (8) The switching system shall provide intercept facilities.
    (i) All unused numbering plan area codes, home numbering plan area 
office codes, service codes and subscriber directory numbers (SDN's) 
shall be routed to intercept. All intercept administration shall be by 
changes in memory administrable by telephone company personnel. Maximum 
machine time to place a subscriber on intercept shall be 15 seconds.
    (ii) Unequipped SDN's intercept shall be effective if the processor 
memory does not have information concerning the SDN in question.
    (iii) The intercept equipment shall be arranged so that specific 
SDN's can be routed to a separate intercept circuit for changed numbers.
    (iv) When an intercept call is answered, either by an operator or by 
a recorded announcement, an off-hook or charge supervision signal shall 
not be returned, even momentarily, to the originating end.
    (v) When intercepting service is to be handled over the regular 
interoffice toll trunks, a distinctive identifying tone shall be 
transmitted when the operator answers. This tone shall be of the 
frequency and duration specified in paragraph (i)(2)(x) of this section.
    (9) The switching system shall provide nuisance call trap facilities 
which, when activated, provide a permanent record of the calling and 
called numbers complete with date and time of day. Where the call 
originates over an interoffice trunk, the actual trunk number shall be 
recorded. There shall be provision for the called subscriber to hold the 
connection and for the positive trace of the call from origination to 
termination within the office.

[[Page 618]]

    (10) The switching system shall follow appropriate release 
procedures.
    (i) The office shall be arranged so a connection to a terminating 
channel other than assistance operator shall be released under control 
of the calling party so that the channel can be reseized, unless the 
call is to emergency 911 service or other termination arranged for 
called party control.
    (ii) If the called party disconnects first, the channel used in the 
originally established connection shall be held until the calling party 
disconnects or until the timing interval specified in paragraph (r)(7) 
of this section has elapsed. This feature shall not interfere with the 
normal operation of calls to intercept, fire alarm, or other special 
services.
    (11) The switching system shall provide line load control 
facilities, when specified by the owner, to give preference for 
originating service to a limited group of subscribers during 
emergencies.
    (i) These facilities may be activated manually by input-output (I/O) 
device or automatically after a manual setting of a key (or equivalent) 
to put line load control into effect, as determined by the bidder. The 
automatic procedure is preferable.
    (ii) Procedures shall be established to avoid the unauthorized use 
of the line load control facilities.
    (iii) Where automatic activation is provided, service may be 
provided to small groups of nonemergency subscribers on limited grade of 
service whenever the office load becomes low enough to permit this to be 
done safely.
    (h) Interoffice trunk circuit requirements--(1) General. (i) The 
bidder shall supply, as requested by the owner, solid-state technology 
type trunk and signaling circuits of any of the types described in RUS 
TE&CM 319, Interoffice Trunking and Signaling, or, with the approval of 
RUS, any other more recent and desirable types not as yet covered in the 
manual. For dc signaling, the duplex (DX) and loop types of signaling 
are preferred.
    (ii) Trunks shall not be directly driven from the subscriber's dial 
on outward calls.
    (iii) In order to reduce the spares inventory and minimize incidence 
of improper maintenance replacement of circuit assemblies, the types of 
trunk circuits shall be kept to a minimum. Variation in assemblies 
should be mainly limited to variation in signaling modes.
    (iv) Trunk circuits which connect with carrier or 4-wire 
transmission facilities shall be arranged for 4-wire transmission to 
avoid an intermediate 2-wire interface between a 4-wire switching system 
and trunk facilities.
    (2) Quantity. Trunk quantities shall be as specified in appendix A 
of this section. Sufficient space shall be provided for an orderly 
layout of trunks. Trunks of a certain type going to the same destination 
may be grouped together on the original installation.
    (3) Requirements for interoffice connections. (i) When operator 
trunks are used in common for both coin and noncoin lines, they shall be 
arranged to provide an indication to the operator by means of a visual 
signal or tone when calls are from pay stations. When a tone is used, it 
shall be of the type specified in paragraph (i)(2)(v) of this section 
and shall be connected to be heard only by the operator upon answer. It 
shall be possible to repeat the tone signal.
    (ii) There are no requirements for trunks arranged for manual re-
ring by a toll operator, either with the receiver on or off the hook, 
except to coin stations with the receiver on the hook.
    (iii) On calls from subscribers to the assistance operator, the 
release of the connection shall be under control of the last party to 
disconnect. An exception is operator control of disconnect that is used 
on outgoing trunks to a TSP/TSPS system.
    (iv) On calls originated by an operator, the release of the 
connection shall be under control of the operator.
    (v) Where trunks with E and M lead signaling are used, the trunk 
circuits for Type I signaling shall be arranged to place ground on the M 
lead during the on-hook condition and battery on the M lead in the off-
hook condition. For E and M Type II, only a make contact between the MA 
and MB lead will be required. In either type, current limiting shall be 
provided in the E lead of the trunk circuit itself, as required

[[Page 619]]

for proper operation. It shall be assumed that connection equipment in 
the form of trunk carrier, multiplex, or associated signaling apparatus 
furnishes only a contact closure to ground (Type I) or to a signal 
ground lead (Type II) for an off-hook condition on the E lead.
    (vi) Where answer supervision is used to determine the initiation of 
the charging interval for a call, such answer supervision shall not be 
effective for charging until after the elapse of the timing interval 
listed in paragraph (r)(5) of this section.
    (vii) When necessary, provision shall be made for reception of start 
and stop dial signals on toll trunk equipment.
    (viii) When trunks arranged for automatic message accounting (AMA), 
toll ticketing, or centralized automatic message accounting (CAMA) are 
specified by the owner, these trunks shall provide the pertinent 
features described in paragraph (k) of this section applicable to such 
functions.
    (4) Requirements for direct digital connections. (i) Interface units 
which will permit direct digital connection to other digital switches, 
channel banks and remote line and/or trunk circuits over digital 
facilities shall be provided when specified by the owner. The digital 
transmission system shall be compatible with T1 type span lines using a 
DS1 interface and other digital interfaces that may be specified by the 
owner. The RUS specification for the span line equipment is Bulletin 
345-50, PE-60, RUS Specification for Trunk Carrier Systems.
    (ii) Each interface circuit shall connect 24 voice channels to the 
switching system from a 1.544 megabit per second DS1 bit stream. The DS1 
bit stream entering or exiting the system shall be in the D3 format and 
the voice signals shall be encoded in 8 bit mu-255 PCM. The format and 
processing of the bit stream must be compatible with characteristics of 
the D3 channel bank such as alarm and maintenance characteristics. Loss 
of receive signal (DS1) shall be detected and the equivalent of a 
carrier group alarm shall be executed in 2.5 0.5 
seconds. Loss of synchronization shall be detected by slips, timing 
jitter, and wander in accordance with industry standards.
    (iii) Signaling shall be by means of MF or dial pulse (DP) and the 
system which is inherent in the A and B bits of the D3 format. In the 
case where they are not used for signaling, the A and B bits shall be 
used only for normal voice and data transmission.
    (i) Tone requirements--(1) General. Tones shall be provided to 
indicate the progress of a call through the office. Tone generators 
should be an integral part of the switching systems. The tones should be 
introduced digitally by the application of the appropriate bit stream to 
the line or trunk circuit via the digital switching network. The 
necessary precautions shall be made to ensure tone sources automatically 
if the primary sources fail.
    (2) Tone specifications. (i) Dial tone shall consist of 350 Hz plus 
440 Hz at a composite level of -10 dBm0 which equates to -13 dBm0 per 
frequency. This is the precise tone suitable for use with pushbutton 
dialing.
    (ii) Low tone shall consist of 480 Hz plus 620 Hz at a composite 
level of -21 dBm0 which equates to -24 dBm0 per frequency.
    (iii) Line busy tone shall be low tone interrupted at 60 IPM, with 
tone on 0.5 seconds and off 0.5 seconds.
    (iv) Reorder, all paths busy, and no circuit tone shall be low tone 
interrupted at 120 IPM, with tone on 0.25 seconds and off 0.25 seconds.
    (v) Identifying tone on calls from coin lines shall be uninterrupted 
low tone.
    (vi) High tone shall consist of 480 Hz at -17 dBm0.
    (vii) Audible ringback tone shall consist of 440 plus 480 Hz at a 
composite level of -16 dBm0 which equates to -19 dBm0 per frequency.
    (viii) The call progress tones listed in this section are described 
in Bellcore document SR-TSV-002275, BOC Notes on the LEC Networks--1990, 
section 6. The 350, 440, 480, and 620 Hz tones shall be held at 0.5 percent frequency tolerance and 3 dB amplitude variation. The amplitude levels specified 
are to be measured at the main distributing frame, excluding cable loss.
    (ix) Distinctive tone, when required for alarm calls, or other 
features, shall consist of high tone interrupted at 200 IPM with tone on 
150 ms and off 150 ms.

[[Page 620]]

    (x) Identifying tone on intercepted calls shall consist of 
uninterrupted high tone impressed on the trunk circuit 300 to 600 
milliseconds following the operator's answer of intercepted calls.
    (xi) An ROH circuit shall have output tones which do not interfere 
with the pushbutton or multifrequency signaling tones. The ROH tone may 
be introduced digitally internal to the system near the overload level 
of + 3 dBm0. No power adjustment will be required. The frequency of the 
output shall be distinctive and urgent in order to attract the 
subscriber's attention to an off-hook situation. (Warning: In order to 
determine the signal level, a frequency selective voltmeter must be used 
to determine the level of each signal component and mathematical power 
addition used to combine these measurements into a single level value.)
    (xii) During application of tones, office longitudinal balance shall 
be maintained within 15 dB of that specified in paragraph (q)(8) of this 
section.
    (j) System clock. (1) The central office clock and network 
synchronization system shall have the ability to be synchronized with 
external clocks for network synchronization, including detection of 
slips, timing, jitter and wander, in a digital-to-digital environment or 
operate initially in an independent network (refer to Bellcore document 
SR-TSV-002275, BOC Notes on the LEC Networks--1990, section 11).
    (2) The end office central office system clock shall be a Stratum 3 
clock with:
    (i) A minimum long-term accuracy of 4.6 x 
10-6 (7 Hz @ 1.544 MHz);
    (ii) A minimum stability of 3.7 x 10-7/day upon loss of 
all frequency references; and
    (iii) A ``Pull-In Range'' for the capability of synchronizing to a 
clock with accuracy of 4.6 x 10 -6.
    (3) The access tandem central office system clock shall be a Stratum 
2 clock with:
    (i) A minimum long-term accuracy of 1.6 x 
10-8 (0.025 Hz @ 1.544 MHz);
    (ii) A minimum stability of 1 x 10-10/day upon loss of 
all frequency references; and
    (iii) A ``Pull-In Range'' for the capability of synchronization to a 
clock with accuracy of 1.6 x 10-8.
    (k) Switched access service arrangements--(1) General. The equipment 
shall be capable of providing Feature Group A, Feature Group B, Feature 
Group C, and Feature Group D switched access service arrangements, as 
described in Bellcore document SR-TSV-002275, BOC Notes on the LEC 
Networks--1990, section 6 and section 15, including arrangements for 
automatic number identification (ANI).
    (2) Operation. (i) All equipment shall be arranged for Feature Group 
A (Line Side Connection).
    (ii) All equipment shall be arranged for Feature Group B given that 
appendix A of this section requires the equipment of the necessary 
trunks (Trunk Side Connection).
    (iii) The equipment shall be arranged for Feature Group C on the 
trunk groups specified in appendix A of this section. Even though 
appendix A of this section specifies Feature Group D or some other trunk 
group, it shall be possible through software commands available to the 
owner to use Feature Group C signaling protocols on a trunk group basis 
until such time that the trunk group in question converts to Feature 
Group D signaling protocols.
    (iv) The equipment shall be arranged for Feature Group D on the 
trunk groups specified in appendix A of this section.
    (v) Calls originating from coin lines toward switched access service 
shall be arranged either to provide signaling protocols for TSPS, or in 
the absence of TSPS-type service, such calls shall be blocked.
    (vi) The equipment shall be arranged for forwarding routing 
information, calling party identification, and called party numbers in 
the proper feature group protocols, by trunk group as specified in 
appendix A of this section.
    (vii) The equipment shall be arranged for AMA data collection as 
specified in appendix A of this section by trunk group. Unless otherwise 
specified by the owner, the equipment shall be arranged to collect the 
billing data in the Bellcore AMA format as described in Bellcore 
document TR-TSY-000508, Automatic Message Accounting.

[[Page 621]]

    (viii) If specified in Item 9.4, appendix A of this section, the 
equipment shall be arranged to store the billing data in a pollable 
system. If specified in Item 9.5, appendix A of this section, equipment 
shall be furnished to poll the pollable systems associated with the 
contract.
    (l) Fusing and protection requirements--(1) General. (i) The 
equipment shall be completely wired and equipped with fuses, trouble 
signals, and arranged for printout of fault conditions, with all 
associated equipment for the wired capacity of the frames or cabinets 
provided.
    (ii) Design precautions shall be taken to prevent the possibility of 
equipment damage arising from the insertion of an electronic package 
into the wrong connector, the removal of a package from any connector, 
or the improper insertion of the correct card in its connector.
    (2) Fuses. Fuses and circuit breakers shall be of an alarm and 
indicator type, except where the fuses or breaker location is indicated 
on the alarm printout. Their rating shall be designated by numerals or 
color code on the fuse panel, where feasible.
    (3) Components. (i) Insofar as possible, all components shall be 
capable of being continuously energized at rated voltage without 
injurious results. Insofar as possible, design precautions shall be 
taken to prevent damage to other equipment and components when a 
particular component fails.
    (ii) Printed circuit boards or similar equipment employing 
electronic components shall be self-protecting against external grounds 
applied to the connector terminals, where feasible. Board components and 
coatings applied to finished products shall be of such material or 
treated so they will not support combustion.
    (iii) Every precaution shall be taken to protect electrostatically 
sensitive components from damage during handling. This shall include 
written instructions and recommendations (see Item 6.1,h of appendix C 
of this section).
    (m) Switching network requirements--(1) The network. (i) All 
networks shall be comprised of solid-state components.
    (ii) The switching network shall employ time division digital 
switching and be compatible for connection to D3 type PCM channel banks 
without conversion to analog.
    (iii) Equipment shall be available as required to connect analog 
lines and trunks, analog or digital service circuits, digital carriers 
to RST's, D3 channel banks or other digital switching units.
    (2) Network quantity. Where the number of stages in the switching 
network and their control varies with the capacity of the system, 
sufficient equipment and wiring shall be supplied initially in order 
that there will be no service interruptions when additions are made up 
to the ultimate capacity as specified in appendix A of this section. 
This does not imply the necessity of supplying empty cabinets unless 
this is the only way the necessary wiring can be accomplished.
    (n) Stored program control (SPC) equipment requirements. (1) The 
system shall provide redundancy in call processing such that the failure 
of a call processing unit does not degrade the call processing 
capabilities of the switching system nor result in the loss of 
established calls.
    (2) Programs shall be modular, flexible and structured. In the 
interest of more dependable and more easily read programs, it is 
desirable to use a language which is more person-oriented leaving the 
detailed machine-oriented problems to a compiler program. Quality 
assurance of all software programs shall be in accordance with IEEE Std 
730-1989, IEEE Standard for Software Quality Assurance Plans, or 
equivalent.
    (3) The office administration program shall have checks within it to 
prevent failure due to erroneous or inconsistent input data. It shall 
safeguard against the possibility of upsetting machine performance with 
improper instructions or information. In addition, modular structure 
shall allow the use of a variety of human-engineered service order 
formats. Service changes may be performed remotely if so desired. 
Average machine time for service change shall be 15 seconds or less. 
Service changes shall not be registered in permanent memory until

[[Page 622]]

verified. The access to the service change shall not have access to 
generic program.
    (4) The switching system shall be able to offer, by request, at 
least the following printouts of its routine stored data for 
administrative purposes:
    (i) A list of all assigned directory numbers, in numerical order, 
with their assigned class of service and line terminal numbers;
    (ii) A list of all directory numbers, in numerical order, associated 
with a class of service;
    (iii) A list of all unassigned line terminals;
    (iv) Traffic data in proper form for separation studies in 
accordance with the revenue separations procedures current at the time 
of the contract;
    (v) All lines on lockout;
    (vi) All lines assigned to intercept;
    (vii) All available (unassigned) directory numbers in the working 
thousands group; and
    (viii) A list of equipment busied out for maintenance.
    (5) The printouts in paragraph (n)(4) of this section may be delayed 
to times of light traffic.
    (6) Maintenance diagnostics shall be performed by a fault 
recognition system utilizing both software and hardware, each being used 
where they are most effective for maintenance and reliability. In the 
economic interests of providing early and efficient fault detection and 
accurate pinpointing of faulty areas, it is desirable to have a 
comprehensive person-machine interface supported by extensive automatic 
fault detection and analysis, involving diagnostic software for fault 
resolution and automatic recovery mechanisms to maintain continuous 
service. Maintenance messages may be channeled to a remote maintenance 
center if so desired.
    (7) Information in memory, having no requirement for changes to be 
introduced in the maintenance or operation of the system, may be stored 
in memory devices such as programmable read-only memory (PROM) or other 
devices that cannot be reprogrammed in the field.
    (o) Maintenance facilities--(1) Alarm features, including alarm 
sending. (i) The equipment shall be arranged to provide audible and 
visual alarms indicating fuse operation or other circuit malfunctions 
resulting from component failure, crosses or open wiring, or any other 
conditions affecting service which can be detected economically.
    (ii) The alarms shall be classified in accordance with their effect 
on the system.
    (A) Catastrophic alarms demand immediate attention and require 
notification of the highest level of supervisory personnel. Conditions 
such as loss of service, loss of one or more remote line switches or 
line concentrators connected through Direct Digital Interface, loss of 
network control, and loss of computer program in all processors shall 
produce catastrophic alarms.
    (B) Major alarms demand rapid action. Conditions such as loss of one 
or more groups of subscribers or trunk ports, blown fuses for common 
groups of channels, loss of control to groups of channels, failure of 
one or both redundant units, and total loss of battery charging current 
for more than 15 minutes shall produce major alarms.
    (C) Minor alarms indicate nonemergency conditions which cause 
degraded service or fault conditions which causes the system to operate 
within less-than-optimum performance. Conditions discovered in automatic 
routining which have not shown in the operation of the equipment but 
require attention and cumulative line lockout (level adjustable) are 
examples of minor alarm conditions.
    (iii) When the office is arranged for unattended operation, 
facilities shall be provided for extending the alarm indications to an 
attended point.
    (iv) When the use of a separate outside plant facility for alarm 
sending is specified, the nature of the alarm may be indicated to the 
distant point by machine printout or other display device.
    (v) When alarm sending is accomplished over a regular operator 
office trunk, the operator shall be apprised that the call is an alarm 
indication by a distinctive tone, as specified by the owner in appendix 
A of this section. It shall be possible for the operator to determine at 
any time the presence of a trouble condition by dialing a number

[[Page 623]]

set aside for that purpose. This number shall also be accessible from 
lines classmarked for this feature.
    (vi) When the alarm sending circuit seizes an interoffice operator 
trunk, the operator must dial the alarm checking code over another trunk 
before the first trunk can be released except where the alarm condition 
has disappeared first.
    (vii) The alarm sending circuit shall have access to two or more 
trunks if the trunks are used for subscriber traffic.
    (viii) An alarm indication of higher priority shall supersede an 
original alarm indication and reseize an interoffice operator trunk.
    (ix) In any group of offices purchased under one contract, the same 
codes shall be used in each office for alarm checking and test.
    (x) When the alarm checking number is dialed, the alarm indications 
received shall be as follows:
    (A) Catastrophic alarm--No tone.
    (B) Major alarm--Continuous busy tone 60 IPM, unless alarm is 
overridden.
    (C) Minor alarm--Continuous 1-ring code ringback tone, unless alarm 
is overridden.
    (D) No trouble--Continuous 2-ring code ringback tone, unless alarm 
is overridden.
    (xi) Audible and visual local alarms and transmitted alarms shall be 
provided as follows:

------------------------------------------------------------------------
                                                  Delay Interval
------------------------------------------------------------------------
                                          Local
             Classification              Alarms     Alarms Transmitted
------------------------------------------------------------------------
Catastrophic                                0                          0
Major                                       0                      0 \1\
Minor                                       0                  0-30 Min.
------------------------------------------------------------------------
\1\Except no charge alarm delayed 15 minutes.

    (xii) The central office alarm circuits shall be arranged to provide 
optional wiring to transmit either a minor alarm or a major alarm and a 
printout to accommodate various types of trunk and subscriber carrier 
systems, microwave, mobile radio, other transmission systems, and 
environmental protection systems with different priorities when a set of 
contacts is closed in the equipment of such systems and the alarm 
checking code is dialed. The alarm relay shall be furnished by the 
supplier of the carrier multiplex and/or mobile radio equipment. The 
option or options shall be specified by the owner.
    (2) Trouble location and test. (i) Equipment. (A) A maintenance 
center shall be provided with a fault recorder (printer and/or display) 
for troubles. Here, system and sub-system visual trouble indications are 
shown for maintenance aid.
    (B) The fault recorder shall provide a permanent or semi-permanent 
record of the circuit elements involved whenever a trouble is 
encountered. It shall be arranged to recognize an existing fault 
condition and not cause multiple printouts of the same fault, except 
during test routine.
    (ii) Maintenance system. (A) The maintenance system shall monitor 
and maintain the system operation without interruption of call 
processing, except for major failures.
    (B) The maintenance system shall provide both specialized 
maintenance hardware circuits and an extensive software package to 
enable maintenance to determine trouble to an individual card or 
functional group of cards.
    (C) Maintenance programs may be both on-line and off-line. On-line 
maintenance programs are activated by system errors and shall be 
scheduled to execute call tests during low traffic periods and periodic 
hardware tests at specific time intervals. Programs shall provide 
diagnostic tools for the maintenance personnel and be initiated by them.
    (D) Scheduled periodic hardware tests shall automatically detect 
faults and alert maintenance personnel via alarm or appropriate input/
output device(s) at local and/or remote locations.
    (E) Facilities shall be provided so that test calls can be set up 
using pre-selected items of switching equipment.
    (F) The maintenance personnel shall be able to make tests to 
determine if every trunk and every item of switching equipment are 
functioning properly. Also, it shall be possible to make each trunk and 
each SPC equipment, or part thereof, busy to service calls. Where 
possible, equipment which is made busy to service calls shall still be 
accessible for test calls.

[[Page 624]]

    (iii) Outside plant and subscriber stations. (A) A subscriber loop 
test set or equivalent shall be provided either as a separate set or as 
a part of the maintenance center, as specified in item 11.2 of appendix 
A of this section. This circuit shall include a high resistance volt-ohm 
meter, wiring to tip and ring terminals to permit a portable wheatstone 
bridge to be used, an operator's telephone circuit, a dial circuit (and 
pushbutton dialing keys, if specified), outgoing trunks to dial 
equipment for access to lines under test without use of the main 
distributing frame (MDF) test shoe and the necessary test keys. No dry 
cell batteries shall be accepted for test potentials. Circuits shall be 
designed so that alternating current (ac) induction on the line will 
have no effect on dc measurements. All functions shall be under control 
of lever or pushbutton keys. As a minimum the test system shall:
    (1) Test for bridged foreign electromotive force (EMF);
    (2) Test for regular line battery;
    (3) Test for booster battery voltage and polarity using the test 
shoe;
    (4) Test for open circuits, short, tip ground, and ring ground;
    (5) Test for tip or ring negative potential;
    (6) Test for capacitance of a subscriber's line;
    (7) Supply talking battery to the line with and without booster 
battery;
    (8) Ring the subscriber through the test access circuit or through a 
test shoe;
    (9) Test in and out of the central office; and
    (10) Supply a reverse polarity key for voltage readings, except when 
positive or negative values are displayed directly.
    (B) An acceptable arrangement for making the tests shown in 
paragraph (o)(2)(iii)(A) of this section is to have them under software 
control with results displayed at one of the system's I/O ports.
    (C) A howler circuit for maintenance purposes, if ordered by the 
owner, shall have output tones which do not interfere with the 
pushbutton or multifrequency signaling tones. The harmonics of the 
output tones shall be attenuated at least 26 dB below the fundamental 
frequency for all load conditions. The frequency stability shall be 2 
percent or less for all output tones when the unit is operated in the 
specified load and environmental range. It shall be possible to vary the 
output voltage (power) of the howler circuit. It shall remove tone and 
restore the line to service when the telephone instrument receiver is 
placed on-hook. The frequency of the output shall be chosen to be 
distinctive and urgent in order to attract the subscriber's attention to 
an off-hook situation.
    (D) When a dial speed test facility is specified by the owner, it 
shall be accessed by dialing a special code and shall return to the 
calling station readily identifiable signals to indicate that the dial 
speed is slow, normal, or fast.
    (E) When the office is arranged for pushbutton dialing, optional 
facilities shall be provided for testing the pushbutton dialing 
equipment at the subscriber station.
    (F) When a system for testing subscriber lines in remote offices 
from a test position in a centrally located office is specified by the 
owner, it shall be capable of working with all the central offices and 
RST's in the remote areas. This testing equipment shall preferably be 
solid-state with a minimum of electromechanical devices and shall 
operate from central office battery. It shall be capable of working over 
any voice grade telephone circuit and shall not require a dedicated 
trunk. There shall be no interference to or from ``in-band'' voice 
channel tones. When used over a network, the verification or access 
shall be guarded to prevent unauthorized access by subscribers. Access 
to this system shall only be available to the test operator in all 
cases.
    (3) Transmission testing. (i) When transmission test circuits are 
specified in Item 11.3 of appendix A of this section, they shall permit 
testing of trunks by a distant office without any assistance in the 
local dial office. Analog test ports shall meet appropriate trunk 
requirements. If Centralized Automatic Reporting on Trunks (CAROT), or 
equivalent, is to be used, the equipment at the end office shall comply 
with Bellcore document SR-

[[Page 625]]

TSV-002275, BOC Notes on the LEC Networks--1990, section 8, Item 2.
    (ii) Transmission test circuits are available with a variety of 
options. These include single frequency and multifrequency tone 
generators with one or more generator output terminals, quiet 
terminations, and loop around test arrangements for both one-way and 
two-way trunks.
    (iii) Where multifrequency generators are used, they are usually 
arranged to provide a minimum of three frequencies. With some equipment, 
up to seven additional frequencies may be provided if needed. No 
industry standardization of test frequencies is as yet provided. 
Therefore, it is important that the selection of frequencies, the order 
in which they are applied and the time interval for application of each 
frequency be agreed upon by the connecting company and the RUS borrower 
and listed in appendix A of this section in those situations where 
connecting companies request the installation of multifrequency 
generators in borrowers' central offices.
    (iv) The milliwatt generator shall be solid-state and generate the 
analog or digital equivalent of 1004 Hz. The milliwatt generator shall 
be assigned to a 4-wire analog test port or be digitally generated. All 
2-wire and 4-wire voice frequency ports are at a nominal 0 dBm0 level. 
The level of the 1004 Hz tone generator shall appear at outgoing 2-wire 
and 4-wire ports at 0 dBm 0.5 dB. For direct 
digital connections, the encoded output shall be the digital equivalent 
of a 0 dBm0 0.5 dB signal.
    (v) Reference tone generators can be used individually or they can 
be part of a loop around test arrangement. If both single frequency and 
multifrequency reference tone generators are to be provided, only one 
can be arranged as part of a loop around test. Where a loop around 
arrangement is provided, the generator output can be obtained by dialing 
singly one of the two line terminals. By dialing the other line terminal 
singly, usually a 900 ohm resistor in series with a 2.16 microfarad 
capacitor is connected to the circuit under test to act as a ``quiet 
termination'' for noise measurements and other tests. Whenever both line 
terminals are held simultaneously, both the milliwatt supply and the 
quiet termination shall be lifted off and a ``loop around'' condition 
established. This permits the overall loss to be determined from the 
distant office by going out over one trunk, looping around in the end 
office and returning over the other trunk. The insertion loss of this 
test arrangement when used in a loop around configuration should not 
exceed 0.1 dB at the frequencies specified for the milliwatt supply. 
Unless otherwise specified, continuous off-hook supervision is to be 
provided on both line terminals to prevent collusive calling without 
charge. It will be permissible to accomplish the quiet termination by 
opening the 4-wire path internally and to accomplish the loop around by 
digital switching.
    (vi) Provision shall be made so that the milliwatt supply can be 
manually patched to circuits.
    (vii) Test jack access shall be provided for all interoffice trunks 
of the voice frequency type. The jack access shall be properly 
designated for line, drop, monitor, and signaling leads plus any other 
jacks as requested by the owner. This may be accomplished by a set of 
jacks located at the maintenance center which have access to each trunk 
on a switching basis.
    (p) Traffic--(1) General engineering guidelines. (i) The Traffic 
Table, based on the Erlang Lost-Calls-Cleared Formula, shall be used for 
determining the quantity of intraoffice paths, registers, and senders 
where full availability conditions apply. The following table shows the 
traffic capacity in CCS for 1 to 200 trunks at nine grades of service.

                                                                                          Traffic Table
                                                                              Full Availability for Random Traffic
                                                                                       Lost-Calls-Cleared
                                                                                Offered Traffic Expressed in CCS
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 Number of
   Trunks          B-.001             .002              .005               .01               .02               .05               .1                .2                .5         Number of Trunks
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
          1  0................  0...............  0...............  0...............  1...............  2...............  4...............  9...............  36..............  1

[[Page 626]]

 
          2  2................  3...............  4...............  5...............  8...............  14..............  22..............  36..............  98..............  2
          3  7................  9...............  13..............  17..............  22..............  32..............  46..............  69..............  165.............  3
          4  16...............  19..............  25..............  31..............  39..............  55..............  74..............  106.............  234.............  4
          5  27...............  32..............  41..............  49..............  60..............  80..............  104.............  144.............  304.............  5
 
          6  41...............  48..............  58..............  69..............  82..............  107.............  135.............  184.............  374.............  6
          7  57...............  65..............  78..............  90..............  106.............  135.............  168.............  224.............  445.............  7
          8  74...............  83..............  98..............  113.............  131.............  163.............  202.............  265.............  516.............  8
          9  92...............  103.............  120.............  136.............  156.............  193.............  236.............  307.............  586.............  9
         10  111..............  123.............  143.............  161.............  183.............  224.............  270.............  348.............  656.............  10
 
         11  131..............  145.............  166.............  186.............  210.............  255.............  306.............  391.............  729.............  11
         12  152..............  167.............  190.............  212.............  238.............  286.............  341.............  433.............  801.............  12
         13  174..............  190.............  215.............  238.............  266.............  318.............  377.............  476.............  872.............  13
         14  196..............  213.............  240.............  265.............  295.............  350.............  413.............  519.............  944.............  14
         15  219..............  237.............  266.............  292.............  324.............  383.............  449.............  562.............  1015............  15
 
         16  242..............  261.............  292.............  320.............  354.............  415.............  486.............  605.............  1087............  16
         17  266..............  286.............  318.............  347.............  384.............  449.............  523.............  648.............  1158............  17
         18  290..............  311.............  345.............  376.............  414.............  482.............  560.............  692.............  1230............  18
         19  314..............  337.............  372.............  404.............  444.............  515.............  597.............  735.............  1302............  19
         20  339..............  363.............  399.............  433.............  474.............  549.............  634.............  779.............  1374............  20
 
         21  364..............  388.............  427.............  462.............  505.............  583.............  671.............  823.............  1445............  21
         22  389..............  415.............  455.............  491.............  536.............  617.............  709.............  866.............  1517............  22
         23  415..............  441.............  483.............  521.............  567.............  651.............  747.............  910.............  1589............  23
         24  441..............  468.............  511.............  551.............  599.............  685.............  784.............  954.............  1661............  24
         25  467..............  495.............  540.............  580.............  630.............  720.............  822.............  998.............  1733............  25
 
         26  493..............  523.............  568.............  611.............  662.............  754.............  860.............  1042............  1805............  26
         27  520..............  550.............  598.............  641.............  693.............  788.............  898.............  1086............  1876............  27
         28  546..............  578.............  627.............  671.............  725.............  823.............  936.............  1130............  1948............  28
         29  573..............  606.............  656.............  702.............  757.............  858.............  974.............  1174............  2020............  29
         30  600..............  634.............  685.............  732.............  789.............  893.............  1012............  1218............  2092............  30
 
         31  628..............  662.............  715.............  763.............  822.............  928.............  1050............  1263............  2164............  31
         32  655..............  690.............  744.............  794.............  854.............  963.............  1089............  1307............  2236............  32
         33  683..............  719.............  774.............  825.............  887.............  998.............  1127............  1351............  2308............  33
         34  711..............  747.............  804.............  856.............  919.............  1033............  1165............  1395............  2380............  34
         35  739..............  776.............  834.............  887.............  951.............  1068............  1203............  1439............  2452............  35
 
         36  767..............  805.............  864.............  918.............  984.............  1104............  1242............  1484............  2524............  36
         37  795..............  834.............  895.............  950.............  1017............  1139............  1281............  1528............  2595............  37
         38  823..............  863.............  925.............  981.............  1050............  1174............  1319............  1572............  2667............  38
         39  851..............  892.............  955.............  1013............  1083............  1210............  1358............  1617............  2739............  39
         40  880..............  922.............  986.............  1044............  1116............  1246............  1396............  1661............  2811............  40
 
         41  909..............  951.............  1016............  1076............  1149............  1281............  1435............  1706............  2883............  41
         42  937..............  980.............  1047............  1108............  1182............  1317............  1474............  1750............  2955............  42
         43  966..............  1010............  1078............  1140............  1215............  1352............  1512............  1795............  3027............  43
         44  995..............  1040............  1109............  1171............  1248............  1388............  1551............  1839............  3099............  44
         45  1024.............  1070............  1140............  1203............  1282............  1424............  1590............  1884............  3171............  45
 
         46  1053.............  1099............  1171............  1236............  1315............  1459............  1629............  1928............  3243............  46
         47  1083.............  1129............  1202............  1268............  1349............  1495............  1668............  1973............  3315............  47
         48  1112.............  1159............  1233............  1300............  1382............  1531............  1706............  2017............  3387............  48
         49  1141.............  1189............  1264............  1332............  1416............  1567............  1745............  2062............  3459............  49
         50  1170.............  1220............  1295............  1364............  1449............  1603............  1784............  2106............  3531............  50
 
         51  1200.............  1250............  1327............  1397............  1483............  1639............  1823............  2151............  3603............  51
         52  1229.............  1280............  1358............  1429............  1516............  1675............  1862............  2195............  3675............  52
         53  1259.............  1310............  1390............  1462............  1550............  1711............  1901............  2240............  3747............  53
         54  1289.............  1341............  1421............  1494............  1584............  1747............  1940............  2285............  3819............  54
         55  1319.............  1371............  1453............  1527............  1618............  1783............  1979............  2329............  3891............  55
 
         56  1349.............  1402............  1484............  1559............  1652............  1819............  2018............  2374............  3962............  56
         57  1378.............  1432............  1516............  1592............  1686............  1856............  2057............  2418............  4034............  57
         58  1408.............  1463............  1548............  1625............  1719............  1892............  2096............  2463............  4106............  58
         59  1439.............  1494............  1579............  1657............  1753............  1928............  2136............  2508............  4178............  59
         60  1468.............  1525............  1611............  1690............  1787............  1965............  2174............  2552............  4250............  60
 
         61  1499.............  1556............  1643............  1723............  1821............  2001............  2214............  2597............  4322............  61
         62  1529.............  1587............  1675............  1756............  1855............  2037............  2253............  2642............  4394............  62

[[Page 627]]

 
         63  1559.............  1617............  1707............  1789............  1889............  2073............  2292............  2687............  4466............  63
         64  1590.............  1648............  1739............  1822............  1923............  2110............  2331............  2731............  4538............  64
         65  1620.............  1679............  1771............  1855............  1958............  2146............  2370............  2776............  4610............  65
 
         66  1650.............  1710............  1803............  1888............  1992............  2182............  2409............  2821............  4682............  66
         67  1681.............  1742............  1835............  1921............  2026............  2219............  2449............  2865............  4754............  67
         68  1711.............  1773............  1867............  1954............  2060............  2255............  2488............  2910............  4826............  68
         69  1742.............  1804............  1900............  1987............  2094............  2291............  2527............  2955............  4898............  69
         70  1773.............  1835............  1932............  2020............  2129............  2328............  2566............  3000............  4970............  70
 
         71  1803.............  1867............  1964............  2053............  2163............  2364............  2606............  3044............  5042............  71
         72  1834.............  1898............  1997............  2087............  2197............  2401............  2645............  3089............  5114............  72
         73  1865.............  1929............  2029............  2120............  2232............  2438............  2684............  3134............  5186............  73
         74  1895.............  1961............  2061............  2153............  2266............  2474............  2723............  3178............  5258............  74
         75  1926.............  1992............  2093............  2186............  2300............  2511............  2763............  3223............  5330............  75
 
         76  1957.............  2024............  2126............  2219............  2335............  2547............  2802............  3268............  5402............  76
         77  1988.............  2055............  2159............  2253............  2369............  2584............  2841............  3313............  5474............  77
         78  2019.............  2087............  2191............  2286............  2404............  2620............  2881............  3357............  5546............  78
         79  2050.............  2118............  2223............  2319............  2438............  2657............  2920............  3402............  5618............  79
         80  2081.............  2150............  2256............  2353............  2473............  2694............  2959............  3447............  5690............  80
 
         81  2112.............  2182............  2289............  2386............  2507............  2730............  2999............  3492............  5762............  81
         82  2143.............  2213............  2321............  2420............  2542............  2767............  3038............  3537............  5834............  82
         83  2174.............  2245............  2354............  2453............  2577............  2803............  3077............  3581............  5906............  83
         84  2206.............  2277............  2386............  2487............  2611............  2840............  3117............  3626............  5977............  84
         85  2237.............  2309............  2419............  2521............  2646............  2877............  3156............  3671............  6049............  85
 
         86  2268.............  2340............  2452............  2554............  2680............  2913............  3196............  3716............  6121............  86
         87  2299.............  2372............  2485............  2588............  2715............  2950............  3235............  3761............  6193............  87
         88  2331.............  2404............  2517............  2621............  2750............  2987............  3275............  3805............  6265............  88
         89  2362.............  2436............  2550............  2655............  2784............  3024............  3314............  3850............  6337............  89
         90  2393.............  2468............  2583............  2688............  2819............  3060............  3353............  3895............  6409............  90
 
         91  2425.............  2500............  2616............  2722............  2854............  3097............  3393............  3940............  6481............  91
         92  2456.............  2532............  2649............  2756............  2889............  3134............  3432............  3984............  6553............  92
         93  2488.............  2564............  2682............  2790............  2923............  3171............  3471............  4029............  6625............  93
         94  2519.............  2596............  2715............  2823............  2958............  3208............  3511............  4074............  6697............  94
         95  2551.............  2628............  2748............  2857............  2993............  3244............  3551............  4119............  6769............  95
 
         96  2582.............  2660............  2781............  2891............  3028............  3281............  3590............  4164............  6841............  96
         97  2614.............  2692............  2814............  2925............  3063............  3318............  3630............  4209............  6913............  97
         98  2645.............  2724............  2847............  2958............  3097............  3355............  3669............  4253............  6985............  98
         99  2677.............  2757............  2880............  2992............  3132............  3392............  3708............  4298............  7057............  99
        100  2709.............  2789............  2913............  3026............  3167............  3429............  3748............  4343............  7129............  100
 
        105  2867.............  2950............  3078............  3196............  3342............  3613............  3946............  4567............  7489............  105
        110  3027.............  3112............  3244............  3366............  3516............  3798............  4143............  4792............  7849............  110
        115  3186.............  3275............  3411............  3536............  3691............  3983............  4341............  5016............  8209............  115
        120  3347.............  3437............  3578............  3707............  3867............  4168............  4539............  5241............  8569............  120
        125  3507.............  3601............  3745............  3878............  4043............  4353............  4737............  5465............  8929............  125
 
        130  3669.............  3765............  3912............  4049............  4219............  4539............  4935............  5689............  9289............  130
        135  3830.............  3929............  4081............  4221............  4395............  4724............  5133............  5914............  9649............  135
        140  3992.............  4093............  4249............  4392............  4571............  4910............  5332............  6138............  10009...........  140
        145  4155.............  4258............  4418............  4564............  4748............  5095............  5530............  6363............  10369...........  145
        150  4318.............  4423............  4586............  4737............  4925............  5282............  5728............  6587............  10729...........  150
 
        155  4481.............  4589............  4755............  4909............  5102............  5467............  5927............  6812............  11089...........  155
        160  4644.............  4755............  4925............  5082............  5279............  5654............  6125............  7037............  11449...........  160
        165  4808.............  4920............  5094............  5255............  5457............  5840............  6324............  7261............  11809...........  165
        170  4972.............  5087............  5264............  5428............  5634............  6026............  6523............  7486............  12169...........  170
        175  5137.............  5253............  5434............  5602............  5811............  6213............  6722............  7710............  12529...........  175
 
        180  5301.............  5420............  5604............  5775............  5989............  6399............  6920............  7935............  12889...........  180
        185  5466.............  5587............  5775............  5949............  6167............  6586............  7119............  8160............  13249...........  185
        190  5631.............  5754............  5945............  6123............  6345............  6773............  7318............  8384............  13609...........  190
        195  5797.............  5922............  6116............  6296............  6524............  6960............  7517............  8609............  13969...........  195
        200  5962.............  6089............  6287............  6471............  6702............  7146............  7716............  8834............  14329...........  200
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 628]]

    (ii) The traffic capacity for all interoffice trunks shall be based 
on full availability, even though the distant office itself is not 
engineered to provide full availability access.
    (iii) The Traffic Table may also be used to determine the 
approximate traffic capacity of high-usage intertoll trunks. The traffic 
offered to high-usage groups may be read at B.10, signifying that 10 
percent of the traffic overflows to the alternate route. This 
approximates the HU12 table used by AT&T.
    (iv) In reading the trunk quantity from the table, the higher 
quantity shall be used when the CCS load is three or more CCS over the 
lower quantity. For example, the number of trunks justified for 294 CCS 
at B.005 is 16, but for 295 CCS 17 trunks are justified.
    (v) Limited availability is not permitted.
    (vi) The traffic capacity in the following table should be used for 
small trunk groups such as pay station, special service trunks, 
intercept, and PBX trunks, unless otherwise specified in appendix A of 
this section:

------------------------------------------------------------------------
            Number of Circuits                     Permissible CCS
------------------------------------------------------------------------
1                                           10
2                                           20
3                                           30
4                                           40
------------------------------------------------------------------------

    (vii) The percentage of lines equipped for pushbutton dialing is to 
be used to determine the number of tone receivers. Local registers, if 
required, shall be supplied on the basis of all dial pulse.
    (2) Grade of service. (i) Grade of service specifies the expected 
performance when there are adequate service facilities for an assumed 
volume of traffic. It is expressed as a portion of the total traffic 
during a busy hour that cannot be terminated immediately or within a 
predetermined time period due to congestion. This places responsibility 
on the traffic engineers to specify facilities which will be entirely 
satisfactory to the users and which can be equipped at a price which 
will be accepted as reasonable.
    (ii) The number of calls encountering dial tone delay in excess of 3 
seconds, measured over the busy hour of the four high-consecutive week 
(4HW) period, shall not be more than 1.5 percent.
    (iii) The average post dialing delay objective for an intraoffice 
call shall not exceed 1 second. This includes all connect, operate, and 
translation time.
    (iv) The line to line (intraoffice) network matching loss objective 
shall be 0.02 or less.
    (v) The blocking probabilities related to trunks include both 
``mismatch'' probability and probability of ``all trunks busy.'' It is 
likely that the ``mismatch'' will be negligible in that many digital 
central offices have essentially nonblocking switching characteristics. 
The objectives for trunk connections are as follows:
    (A) Subscriber to outgoing trunk objective 0.01 or less;
    (B) Incoming trunk to subscriber objective 0.02 or less; and
    (C) Local trunk tandem objective 0.01 or less.
    (vi) Groups of common service circuits are to be engineered 
utilizing the full availability traffic tables that appear in paragraph 
(p)(1)(i) of this section at the following stipulated probabilities:
    (A) Outgoing trunks to 2/6 MF or dial pulse senders at B.001;
    (B) Incoming trunks to 2/6 MF receivers at B.001;
    (C) Incoming nondelay dial trunks to receivers at B.001; and
    (D) Incoming trunks with start dial at B.01.
    (vii) Remote Switching Terminals (RST's) shall meet the same grade 
of service objectives as the host.
    (3) Holding times. For the purpose of estimating the quantity of 
common control circuits, the following average holding times may be 
used. These holding times are conservative and represent the average 
effective and ineffective call. If these holding times are to be used, 
it must be so stated in appendix A of this section.
    (i) The following average call holding times (HT) may be used.

[[Page 629]]



------------------------------------------------------------------------
                        Type of Call                         HT--Seconds
------------------------------------------------------------------------
Intraoffice                                                          120
EAS                                                                  150
Special Service, Intercept, Verification                              60
Toll, CLR                                                            300
Toll, S-S                                                             24
Toll, PPCS                                                           270
------------------------------------------------------------------------

    (ii) The following average subscriber dialing holding times may be 
used (times used to dial digits do not include machine time).

------------------------------------------------------------------------
                                               Digits    DP   Pushbutton
                                               Dialed   Sec.     Sec.
------------------------------------------------------------------------
Operator, Non-Pay Station                         1      4.7       3.4
Special Service                                   3      7.7       5.0
Local                                             7     13.7       8.2
EAS                                               7     13.7       8.2
DDD: 1/0 + 7                                      8     15.2       9.0
DDD: 1/0 + 10                                    11     19.7      11.4
Dialing Time Per Digit                            -      1.5       0.8
Dial Tone Response                                -      3.2       2.6
------------------------------------------------------------------------

    (iii) The following average incoming register holding times may be 
used (times for digit registrations do not include machine time).

------------------------------------------------------------------------
                                                  Basic
                                            -----------------
                                             Holding          Additional
                                               Time   Digits   Per Digit
                                              (Sec.)
------------------------------------------------------------------------
MF Receiver from:
  No. 5 Crossbar--Non-LAMA.................      1.4       4       0.14
  No. 5 Crossbar--LAMA.....................      2.3       4       0.14
  Crossbar Tandem & 4A Toll................      3.1       4       0.14
  No. 1 ESS................................      1.4       4       0.14
Key Pulsing Switchboard                          5.2       4       0.60
 
DP Receivers--10 PPS from:
  SxS......................................      6.0       4        1.5
  Dialing Switchboard......................      6.6       4        1.3
  4A Toll..................................      5.6   5 \1\          -
  Crossbar Tandem..........................      4.9       4        1.2
------------------------------------------------------------------------
\1\No reduction for fewer digits.

    (iv) The following average sender holding times may be used (does 
not include machine setup and release time).

------------------------------------------------------------------------
                                                  Basic
                                            -----------------
                                             Holding          Additional
                                               Time   Digits   Per Digit
                                              (Sec.)
------------------------------------------------------------------------
MF Senders:
  No. 5 Crossbar...........................      1.5       4       0.14
  Crossbar Tandem & 4A Toll \1\............      2.0       4       0.14
  TSP/TSPS.................................      2.4       7       0.14
  SxS--CAMA, Called Number.................      3.7       7       0.14
  SxS--CAMA, Calling Number................      1.3       7          -
 
DP Senders--10 PPS:
  With Overlap Pulsing \2\.................      9.1   Up to        1.8
                                                           6
  Without Overlap Pulsing..................      4.6       4        1.2
------------------------------------------------------------------------
\1\Add 1.3 seconds for ANI outpulsing on special toll (0 + ) calls and
  on DDD calls if AMA is not provided.
 
\2\Assumes overlap outpulsing starting on receiving of third digit;
  applies only to calls handled on direct trunk groups.

    (4) Traffic data requirements. (i) Traffic measurements are composed 
of primarily two types--counts and usage. The following types of traffic 
data recording are required:
    (A) Peg count registers shall be incremented when a successful 
network connection is established to a particular circuit group such as 
trunks, senders, digital receivers, etc.
    (B) Overflow count registers shall be incremented when access to a 
particular circuit group is denied due to all resource busy condition.
    (C) Network blockage count registers shall be incremented due to an 
unavailability of a path in an access or switching matrix network.
    (D) Usage measurements of the length of time associated with a 
particular setup event or network connection shall be made. Usage data 
measurements are normally collected by scanning circuit groups resources 
every 10 or 100 seconds to determine busy/idle states. Measurements are 
accumulated and read directly in CCS (hundred call seconds).
    (E) Service delay measurements shall provide percentage counts of 
the calls for a particular service that are delayed beyond a specified 
interval of time, e.g., calls not receiving dial tone within 3 seconds 
after call origination.
    (ii) Traffic data shall be stored in electronic storage registers or 
block of memory consisting of one or more traffic counters for each item 
to be measured. The registers listed in paragraph (p)(4)(i) of this 
section shall be associated with the interoffice trunks, switching 
network and central control equipment in such a manner that the register 
readings can be used to determine the traffic load and flow to, from and 
within the system. Two-way

[[Page 630]]

trunks shall be metered to indicate inward and outward seizures. The 
bidder shall indicate what registers are to be supplied and their 
purpose.
    (iii) The measured data shall be shown on a printout. It should be 
possible to have local or remote printout, or both. Arrangement shall be 
made for automatic data printout on command for 15-, 30-, or 60-minute 
intervals as required, and be arranged for automatic start-stop and in 
accordance with revenue separation procedures current at the time of 
contract.
    (iv) All traffic records shall have dates and times and office 
identification.
    (q) Transmission--(1) General. The transmission characteristics will 
be governed by the fact that the switching matrix will be based on 
digital operation. Unless otherwise stated, the requirements are in 
terms of analog measurements made from Main Distributing Frame (MDF) to 
MDF terminals, excluding cabling loss.
    (2) Impedance. For the purpose of this section, the nominal input 
impedance of analog ports in an end office shall be 900 ohms for 2-wire 
ports and 600 ohms for 4-wire ports. Where the connecting facility or 
equipment is other than this impedance, suitable impedance matching 
shall be provided by the bidder when specified by the owner.
    (3) Insertion loss. The insertion loss in both directions of 
transmission at 1004 Hz shall meet the following requirements when 
measured with a 0 dBm input signal at 900 ohms (or 600 ohms, when 
required) at a temperature of 77 [deg]F 9 [deg]F 
(25 [deg]C 5 [deg]C).
    (i) Trunk-to-trunk or trunk-to-line. The loss shall be set between 0 
and 0.5 dB for 2-wire to 2-wire, 2-wire to 4-wire, or 4-wire to 4-wire 
voice frequency connections.
    (ii) Line-to-line. The loss shall be set between 0 and 2 dB.
    (iii) Direct digital interface. On a direct digital interface, the 
loss through the office shall be adjusted to the proper level in the 
receive side.
    (iv) Stability. The long-term allowable variation in loss through 
the office shall be 0.5 dB from the loss specified 
by the bidder.
    (4) Frequency response (loss relative to 1004 hz) shall meet the 
following requirements.
    (i) Trunk-to-trunk.

------------------------------------------------------------------------
                                           Loss at 0 dBm0 Input \1\
------------------------------------------------------------------------
           Frequency (Hz)             2-Wire to 2-Wire  4-Wire to 4-Wire
------------------------------------------------------------------------
60                                   20 dB Min. \2\     16 dB Min. \2\
200                                  0 to 5 dB          0 to 3 dB
300-3000                             -0.5 dB to 1 dB    -0.3 to + 0.3 dB
3300                                 1.5 dB Max.        1.5 dB Max.
3400                                 0 to 3 dB          0 to 3 dB
------------------------------------------------------------------------
\1\(-) means less loss and (+) means more loss.
 
\2\Transmit End

    (ii) Line-to-line.

------------------------------------------------------------------------
               Frequency (Hz)                  Loss at 0 dBm0 Input \1\
------------------------------------------------------------------------
60                                            20 dB Min. \2\
300                                           -1 to + 3 dB
600-2400                                      1 dB
3200                                          -1 to + 3 dB
------------------------------------------------------------------------
\1\(-) means less loss and (+) means more loss.
\2\Transmit End

    (iii) Trunk-to-line. The trunk-to-line frequency response 
requirements shall be a compromise between those values specified in 
paragraphs (q)(4)(i) and (q)(4)(ii) of this section.
    (5) Overload level. The overload level at 900 ohm impedance shall be 
+ 3 dBm0.
    (6) Gain tracking (linearity) shall meet the following requirements.

------------------------------------------------------------------------
            Input Signal Level \1\               Maximum Gain Deviation
------------------------------------------------------------------------
 + 3 to -37 dBm0                               0.5
                                                dB
-37 to -50 dBm0                                1
                                                dB
------------------------------------------------------------------------
\1\1004 Hz reference at 0 dBm0.

    (7) Return loss. (i) The specified return loss values are determined 
by the service and type of port at the measuring (near) end. Two-wire 
ports are measured (near end) at 900 ohms in series with 2.16 
microfarads and 4-wire ports are measured at 600 ohms resistive.
    (ii) Far end test terminations shall be as follows:
    (A) Loaded line circuit--1650 ohms in parallel with the series 
combination of .005 microfarads and 100 ohms;
    (B) Nonloaded line circuit--800 ohms in parallel with the series 
combination of .05 microfarads and 100 ohms;
    (C) Special service line circuit including electronic lines and 
carrier lines--900 ohms in series with 2.16 microfarads;

[[Page 631]]

    (D) Two-wire trunk--900 ohms in series with 2.16 microfarads; and
    (E) Four-wire trunk--600 ohms.
    (iii) For trunk-to-trunk (2-wire or 4-wire) connections the echo 
return loss (ERL) shall be 27 dB, minimum and the singing return loss 
(SRL) shall be 20 dB, minimum low and 23 dB, minimum high.
    (iv) For trunk-to-line (2-wire or 4-wire) connections the ERL shall 
be 24 dB, minimum and the SRL shall be 17 dB, minimum low and 20 dB, 
minimum high.
    (v) For line-to-line or line-to-trunk (2-wire or 4-wire) connections 
the ERL shall be 18 dB, minimum and the SRL shall be 12 dB, minimum low 
and 15 dB, minimum high.
    (8) Longitudinal balance. The minimum longitudinal balance, with dc 
loop currents of 20 to 70 mA, shall be 60 dB at all frequencies between 
60 and 2000 Hz, 55 dB at 2700 Hz and 50 dB at 3400 Hz. The method of 
measurement shall be as specified in the IEEE Std 455-1985, IEEE 
Standard Test Procedure for Measuring Longitudinal Balance of Telephone 
Equipment Operating in the Voice Band. Source voltage level shall be 10 
volts root-mean-square (rms).
    (9) 60 hz longitudinal current immunity. Under test conditions with 
60 Hz, the system noise shall be no greater than 23 dBrnC0 as measured 
using the configuration in Figure 1.

       Figure 1--Measuring the Effects of Low Frequency Induction
[GRAPHIC] [TIFF OMITTED] TC14NO91.091

Notes:
1. 900 ohm termination, C-message weighting, hold coil off
2. SNC Noise Choke 35 W, or equivalent
3. Test at 0.020 Adc and 0.070 Adc
4. 2 0.001 microfarad, 150 Vdc

    (10) Steady noise (idle channel at 900 ohms impedance) measured on a 
terminated call shall be 23 dBrnC0 maximum

[[Page 632]]

and average 18 dBrnC0 or less. The 3K Hz Flat noise should be less than 
35 dBrnC0 as an objective.
    (11) Impulse noise. The central office switching equipment shall be 
capable of meeting an impulse noise limit of not more than five counts 
exceeding 54 dBrnC0 voice band weighted in a 5-minute period on six such 
measurements made during the busy hour. A Northeast Electronics Company 
TTS 4002 Impulse Noise Counter, Wilcom T194C, Hewlett Packard 4945, or 
equivalent, should be used for the measurements. The measurement shall 
be made by establishing a normal connection from the noise counter 
through the switching equipment in its off-hook condition to a quiet 
termination of 900 ohms impedance. Office battery and signaling circuit 
wiring shall be suitably segregated from voice and carrier circuit 
wiring, and frame talking battery filters provided, if and as required, 
in order to meet these impulse noise limits.
    (12) Crosstalk coupling. Worst case equal level crosstalk is to be 
75 dB minimum in the range 200-3400 Hz. This is to be measured between 
any two paths through the system connecting a 0 dBm0 level tone to the 
disturbing pair.
    (13) Quantizing distortion. (i) The switching system shall meet the 
following requirements.

------------------------------------------------------------------------
                                                   Minimum Signal to
     Input Level (dBm0) 1004 or 1020 Hz        Distortion with C-Message
                                                       Weighting
------------------------------------------------------------------------
0 to -30                                      33 dB
-30 to -40                                    27 dB
-40 to -45                                    22 dB
------------------------------------------------------------------------

    (ii) Due to the possible loss of the least significant bit on direct 
digital connections, a signal to distortion degradation of up to 2 dB 
may be allowed where adequately justified by the bidder.
    (14) Absolute delay. The absolute one-way delay through the 
switching system, excluding delays associated with RST switching, shall 
not exceed 1000 microseconds analog-to-analog measured at 1800 Hz.
    (15) Envelope delay distortion. On any properly established 
connection, the envelope delay distortion shall not exceed the following 
limits.

------------------------------------------------------------------------
           Frequency Range (Hz)                     Microseconds
------------------------------------------------------------------------
1000 to 2600                                190
800 to 2800                                 350
600 to 3000                                 500
400 to 3200                                 700
------------------------------------------------------------------------

    (16) Digital error rate. The digital switching system shall not 
introduce an error into digital connections which is worse than one 
error in 10\8\ bits averaged over a 5-minute period.
    (17) Battery noise. Noise across battery at power board distribution 
bus terminals shall not exceed 35 dBrnC during the busy hour.
    (18) Radio and television interference. The central office switching 
equipment shall be designed and installed so that radiation of high 
frequency noise will be limited so as not to interfere with radio and 
television receivers.
    (r) Timing intervals--(1) Type of equipment required. The equipment 
for providing the specified timing intervals shall be solid-state.
    (2) Tolerance. Where a range of time is specified as minimum and 
maximum, the lower limits shall be considered as controlling and the 
variation between this minimum and the actual maximum shall be kept as 
small as practicable. In no case shall the quoted upper limit be 
exceeded.
    (3) Permanent signal timing. Lockout shall occur after an interval 
of 20 to 30 seconds after receipt of dial tone if a ``permanent'' 
condition occurs prior to the transmission of dial pulses or pushbutton 
dialing signals. This interval may be reduced appreciably during periods 
of heavy traffic.
    (4) Partial dial timing. Partial dial timing shall be within 15 to 
37 seconds. This timing may be reduced appreciably during periods of 
heavy traffic.
    (5) Charge delay timing. Charge delay timing shall be within 2 
seconds.
    (6) Called party disconnect timing. Timed disconnect of a 
terminating path under control of the called party shall be 10 to 32 
seconds.
    (7) Timing intervals for signals involved in distance dialing. 
Timing intervals shall be provided to meet the requirements for distance 
dialing equipment, which have been established in Bellcore document SR-
TSV-002275, BOC Notes on the LEC Networks--1990.

[[Page 633]]

Some of the more important times which this document specifies are for:
    (i) Disconnect signal;
    (ii) Wink signal;
    (iii) Start dialing signal;
    (iv) Pulse delay signal;
    (v) Go signal;
    (vi) Digit timing; and
    (vii) Sender, register, and link attachment timing.
    (s) Power requirements and equipment--(1) Operating voltage. The 
nominal operating voltage of the central office shall be 48 volts dc, 
provided by a battery with the positive side tied to system ground.
    (2) Batteries. (i) When battery cells of the lead antimony type are 
specified, the pasted plate type shall be considered adequate.
    (ii) When lead calcium cells are specified, no cell shall differ 
from the average voltage of the string of fully charged cells by more 
than 0.03 volt when measured at a charging rate in 
amperes equivalent to 10 percent of the ampere hour capacity of the 
cells. Similarly, when cells are fully charged and floating between 2.30 
and 2.33 volts per cell, the cell voltage of any cell in a given string 
shall not differ more than 0.03 volt from the 
average. These requirements are for test purposes only and do not apply 
to operating conditions.
    (iii) Voltage readings shall be corrected by a temperature 
coefficient of 0.0033 volt per degree F (0.006 per degree C), whenever 
temperature variations exist between cells in a given string. This 
correction factor shall also be applied when comparing cell voltages 
taken at different times and at different temperatures. The correction 
factor shall be added to the measured voltage when the temperature is 
above 77 [deg]F (25 [deg]C) and subtracted when the temperature is below 
77 [deg]F (25 [deg]C).
    (iv) The specific gravity readings of lead antimony cells at full 
charge shall be 1.210 .010 at 77 [deg]F (25 
[deg]C) at maximum electrolyte height.
    (v) When counter cells are supplied by the bidder, they shall be the 
dry counter electromotive force (CEMF) type.
    (vi) When lead antimony batteries are specified, they shall be 
designed to last a minimum of 10 years when maintained on a full float 
operation between 2.15 and 2.17 volts per cell. When lead calcium 
batteries are specified, they shall be designed to last a minimum of 20 
years when maintained on full float operation between 2.17 and 2.25 
volts per cell. The battery shall be clearly designated as ``antimony'' 
or ``calcium'' by means of stencils, decals or other devices.
    (vii) Each battery cell shall be equipped with an explosion control 
device.
    (viii) The battery size shall be calculated in accordance with 
standard procedures. The battery in no case shall have a reserve 
capacity in ampere hours less than four times the current capacity of 
the largest charger.
    (3) Charging equipment. (i) Charging shall be on a full float basis. 
The rectifiers shall be of the full wave, self-regulating, constant 
voltage, solid-state type and shall be capable of being turned on and 
off manually.
    (ii) When charging batteries, the voltage at the battery terminals 
shall be adjustable and shall be set at the value recommended for the 
particular battery being charged, providing it is not above the maximum 
operating voltage of the switching system equipment. The voltage shall 
not vary more than plus or minus 0.02 volt per cell between 10 percent 
load and 100 percent load. Between 3 percent and 10 percent load, the 
output voltage shall not vary more than plus or minus 0.04 volt per 
cell. Beyond full load current, the output voltage shall drop sharply. 
The output voltage shall be maintained with the line voltage variations 
of plus or minus 10 percent. Provision shall be made to change the 
output voltage of the rectifier manually to 2.25 volts per cell to 
provide an equalization charge on the battery.
    (iii) The charger noise shall not exceed 22 dBrnC when measured with 
a suitable noise measuring set and under the rated battery capacitance 
and load conditions as determined in Figure 2.

[[Page 634]]

                      Figure 2--Charger Noise Test
[GRAPHIC] [TIFF OMITTED] TR01JA93.386

The manufacturer may elect to eliminate the capacitor C from the 
measurement.

    A. Capacitance in [micro]F = 30,000 [micro]F per ampere-hour per 
cell. For example, 25 cells at 100 ampere-hour would be equivalent to a 
capacitance of:

    (30,000 x 100) / 25 = 120,000 [micro]F

    B. The value of the resistive load R is determined by the nominal 
battery voltage in volts divided by the full load rating in amperes. For 
example, for a 48 volt battery and a full load current of 24 amperes, 
the load resistance R is 48/24 = 2 ohms of appropriate power handling 
capacity.

    (iv) The charging equipment shall indicate a failure of charging 
current, whether due to ac power failure, an internal failure in the 
charger, or to other circumstances which might cause the output voltage 
of the charger to drop below the battery voltage. Where a supplementary 
constant current charger is used, an alarm shall be provided to indicate 
a failure of the charger.
    (v) Audible noise developed by the charging equipment shall be kept 
to a minimum. Acoustic noise resulting from operation of the rectifier 
shall be expressed in terms of dB indicated on a sound level meter 
conforming to ANSI S1.4-1983, Specification for Sound Level Meters, and 
shall not exceed 65 dB (A-weighting) measured at any point 5 feet (152.4 
cm) from any vertical surface of the rectifier.
    (vi) The charging equipment shall be designed so that neither the 
charger nor the central office switching equipment is subject to damage 
in case the battery circuit is opened for any value of load within the 
normal limits.
    (vii) The charging equipment shall have a capacity to meet the 
requirements of central office size and special requirements of the 
owner in appendix A of this section.
    (viii) Minimum equipment requirement for chargers is one of the 
following:
    (A) Two chargers either capable of carrying the full office load as 
specified in Item 12 of appendix A of this section; or
    (B) Three chargers each capable of carrying half the office load as 
specified in Item 12 of appendix A of this section.
    (4) Miscellaneous voltage supplies. (i) Any power supply required 
for voltages other than the primary battery voltage shall be provided by 
either a solid-state dc-to-dc converter or dc-to-ac inverter,

[[Page 635]]

operating from the central office battery or from a separate battery and 
charger. These power supplies shall meet the noise limit specified for 
chargers in paragraph (s)(3)(iii) of this section, except the capacitor 
``C'' shall be eliminated and the resistive load ``R'' shall be 
determined by the nominal output voltage in volts divided by the full 
load current rating in amperes. This requirement does not preclude the 
use of commercial ac power to operate input/output devices.
    (ii) Power converters required for the purpose of providing various 
operating voltages to printed circuit boards or similar equipment 
employing electronic components shall be provided in duplicate with each 
unit capable of immediately assuming the full operating load upon 
failure of a unit. An exception to the duplicate power converter 
requirement permits nonduplicated power converter(s) to be utilized 
where there is full compliance with the following criteria.
    (A) The failure of any single nonduplicated power converter shall 
not reduce the grade of service of common control and service circuits 
to any individual line or trunk by more than 50 percent.
    (B) The failure of any single nonduplicated power converter shall 
not reduce the traffic carrying capacity of any interoffice trunk group 
by more than 50 percent.
    (C) In central office switching systems of 400 or more equipped 
lines, any single nonduplicated power converter failure shall not cause 
a complete loss of service to more than 100 equipped lines.
    (D) In central office switching systems of less than 400 equipped 
lines, any single nonduplicated power converter failure shall not cause 
a complete loss of service to more than 25 percent of the total equipped 
lines.
    (5) Ringing generators. Ringing generators supplied on an ancillary 
basis shall be selected from RUS Bulletin 1755I-100, List of Materials 
Acceptable for Use on Telephone Systems of RUS Borrowers. Regardless of 
whether the ringing is generated on an ancillary basis or is generated 
integrally to the switching system, the ringing equipment shall meet the 
requirements of this section.
    (i) Ringing equipment provisioning. (A) Redundant ringing equipment 
shall be provided. There shall be automatic transfer to the redundant 
equipment within the period of one ringing cycle, in case of failure of 
the equipment in use (either regular or standby). Automatic transfer 
shall not take place under any other conditions. Manual transfer in each 
direction shall be provided.
    (B) An exception to the redundant ringing equipment requirement 
permits nonredundant ringing equipment to be utilized where there is 
full compliance with the following service criteria.
    (1) In a central office switching system of 400 or more equipped 
lines, a single nonduplicated ringing source failure shall not cause the 
complete loss of ringing capability to more than 100 lines.
    (2) In a central office switching system of less than 400 equipped 
lines, a single nonredundant ringing source failure shall not cause the 
complete loss of ringing capability to more than 25 percent of the total 
equipped lines.
    (ii) Output voltage. (A) The ringing generators shall have an output 
voltage which approximates a sine wave and, as a minimum, shall be 
suitable for ringing straight-line ringers. Although not a requirement 
for RUS listing, decimonic, synchromonic, or harmonic ringing may also 
be specified in appendix A of this section.
    (B) The ringing generator shall obtain its energy from the nominal 
48-volt office battery.
    (C) The output of each generator shall have three or more voltage 
taps or a single tap with associated variable control. Taps or control 
shall be easily accessible as installed in the field. Software control 
of ringing generator outputs via I/O devices may be provided in lieu of 
taps. The taps, or equivalent, shall be designated L, M, and H. The 
variable control shall have a locking device to prevent accidental 
readjustment. The outputs at the terminals of the generators with a 
voltage input of 52.1 volts and rated full resistive load shall be as 
follows for the ringing frequencies provided:

[[Page 636]]



------------------------------------------------------------------------
                                                     Output Volts rms
                                                    (Tolerance 3 Volts)
              Frequency Range (Hz)               -----------------------
                                                     L       M       H
------------------------------------------------------------------------
16\2/3\ through 20..............................      90     105     120
21 through 30...................................      95     110     120
31 through 42...................................     100     115     130
43 through 54...................................     110     125     140
------------------------------------------------------------------------

    (D) No voltages in excess of the values in column H of the table in 
paragraph (s)(5)(ii)(C) of this section shall be provided at the output 
taps. Additional intermediate and/or lower taps may be provided without 
restriction.
    (iii) Voltage regulation. (A) The output voltage for resistive, 
capacitive power factor of 0.8, and inductive power factor of 0.5 loads 
from no load to full rated output with 52.1 volts input battery shall 
not vary more than 3 percent from the output 
voltage measured at \1/2\ rated output, 1.0 power factor with 52.1 volts 
dc input applied.
    (B) The output voltage for resistive, capacitive power factor of 
0.8, and inductive power factor of 0.5 from no load to full rated output 
with input battery variations between 48-56 volts dc shall not vary more 
than 10 percent from the output voltage measured 
at \1/2\ rated output and 1.0 power factor with 52.1 volts dc input 
applied.
    (C) The output voltage for resistive, capacitive power factor of 
0.8, and inductive power factor of 0.5 loads from no load to full rated 
output and with input battery variations between 44-56 volts dc shall 
not vary more than + 10/-15 percent from the output voltage measured at 
\1/2\ rated output and 1.0 power factor with 52.1 volts dc input 
applied.
    (iv) Cross ringing. Unwanted voltage caused by harmonic distortion 
or intermodulation distortion shall not exceed 15 volts rms when 
measured within 5 Hz of any other assigned ringing 
frequency under any condition of load or input battery specified by 
paragraph (s)(5)(iii) of this section.
    (v) Frequency stability. At ambient temperature of 70 [deg] 5 [deg]F (21 [deg] 0.3 [deg]C), 
for any combination of capacitive power factor of 0.8, inductive power 
factor of 0.5, and resistive loads with variations in input battery 
ranging from 44 to 56 volts, the output frequency shall not vary more 
than 1/3 Hz or 1 percent, 
whichever is less stringent. At temperatures between 15 [deg]F (4 
[deg]C) to 130 [deg]F (54 [deg]C), and for any combination of resistive 
load and variations in input battery ranging from 44-56 volts, the 
output frequency shall not vary more than 1/3 Hz 
or 1 percent, whichever is less stringent.
    (vi) Self-protection on overloads. The ringing generator equipment 
shall be capable of withstanding a short circuit across any pair of 
output terminals for a period of 5 minutes without fuse operation or 
damage.
    (6) Interrupter equipment. (i) The interrupter shall be an integral 
part of the switching system and shall be controlled by any call 
processor or equivalent.
    (ii) The ringing cycle provided by the interrupter equipment shall 
not exceed 6 seconds in length. The ringing period shall be 2 seconds.
    (7) Power panels. (i) Battery and charger control switches, dc 
voltmeters, dc ammeters, fuses and circuit breakers, supervisory and 
timer circuits shall be provided as required. Voltmeters shall be 
provided as specified by the owner.
    (ii) Portable or panel mounted frequency meters shall be provided as 
specified by the owner unless the system is equipped to measure actual 
ringing generator voltage and frequency outputs internally. If the 
system is equipped to make such measurements and print the results, the 
bidder is not required to provide a frequency meter.
    (iii) Power panels, cabinets and shelves, and associated wiring 
shall be designed initially to handle the exchange when it reaches its 
ultimate capacity as specified by the owner.
    (iv) The power panel shall be of the ``dead front'' type.
    (t) Main distributing frames. (1) The main distributing frame shall 
provide terminals for terminating all incoming cable pairs. Arresters 
shall be provided for all incoming cable pairs, or for a smaller number 
of pairs if specified, provided an acceptable means of temporarily 
grounding all terminated pairs which are not equipped with arresters is 
furnished.
    (2) The current carrying capacity of each arrester and its 
associated mounting shall coordinate with a 22 gauge

[[Page 637]]

copper conductor without causing a self-sustaining fire or permanently 
damaging other arrester positions. Where all cable pairs entering the 
central office are 24 gauge or finer, the arresters and mountings need 
only coordinate with 24 gauge cable conductors. Item 13 of appendix A 
of this section designates the gauge of the cable conductors serving the 
host office. Item 7 of appendix B of this section designates the gauge 
of the cable conductors serving the RST(s).
    (3) Central office protectors shall be mounted and arranged so that 
outside cable pairs may be terminated on the left side of protectors 
(when facing the vertical side of the MDF) or on the back surface of the 
protectors. Means for easy identification of pairs shall be provided.
    (4) Protectors shall have a ``dead front'' (either insulated or 
grounded) whereby live metal parts are not readily accessible.
    (5) Protectors shall be provided with an accessible terminal of each 
incoming conductor which is suitable for the attachment of a temporary 
test lead. They shall also be constructed so that auxiliary test 
fixtures may be applied to open and test the subscriber's circuit in 
either direction. Terminals shall be tinned or plated and shall be 
suitable for wire wrapped, insulation displacement or connectorized 
connections.
    (6) If specified in appendix A of this section, each protector group 
shall be furnished with a factory assembled tip cable for splicing to 
the entrance cable; the tip cable to be 20 feet (610 cm) in length 
unless otherwise specified. Factory assembled tip cable shall be 22 
gauge and selected from RUS Bulletin 1755I-100, List of Materials 
Acceptable for Use on Telephone Systems of RUS Borrowers. Tip cable 
requirements are provided in RUS Bulletin 345-87, PE-87, RUS 
Specification for Terminating (TIP) Cable. Cables having other kinds of 
insulation and jackets which have equivalent resistance to fire and 
which produce less smoke and toxic fumes may be used if specifically 
approved by RUS.
    (7) Protectors shall be mounted on vertical supports, with centers 
not exceeding 9 inches (22.9 cm). The space between protector units 
shall be adequate for terminating conductors.
    (8) Cable supporting framework shall be provided between the cable 
entrance and the MDF when overhead cable entrance is specified in Item 
14.3.3 of appendix A of this section.
    (9) The main distributing frame shall be equipped with a copper 
ground bus bar having the conductivity of a 6 American Wire Gauge (AWG) 
copper conductor or a greater conductivity, or may consist of another 
metal if specifically approved, provided it has adequate cross-sectional 
area to provide conductivity equivalent to, or better than, bare copper. 
A guardrail or equivalent shall also be furnished.
    (10) Other features not specified in paragraph (t) of this section 
may be required at the option of the owner, if checked in Item 13.4 of 
appendix A of this section.
    (11) Main frame protector makes and types shall be selected only 
from RUS Bulletin 1755I-100, List of Materials Acceptable for Use on 
Telephone Systems of RUS Borrowers. Protectors shall be capable of easy 
removal.
    (u) Electrical protection--(1) Surge protection. (i) Adequate 
electrical protection of central office switching equipment shall be 
included in the design of the system. The characteristics and 
application of protection devices shall be such that they enable the 
central office switching equipment to withstand, without damage or 
excessive protector maintenance, the dielectric stresses and currents 
that are produced in line-to-ground and tip-to-ring circuits through the 
equipment as a result of induced or conducted lightning or power system 
fault-related surges. All wire terminals connected to outside plant wire 
or cable pairs shall be protected from voltage and current surges.
    (ii) Central office switching equipment shall pass laboratory tests, 
simulating the hostile electrical environment, before being placed in 
the field for the purpose of obtaining field experience. There are five 
basic types of laboratory tests which shall be applied to exposed 
terminals in an effort to determine if the equipment will survive. 
Figure 3 summarizes these tests and the minimum acceptable levels of 
protection for equipment to pass them.

[[Page 638]]



                             Figure 3--Summary of Electrical Requirements and Tests
----------------------------------------------------------------------------------------------------------------
                                                                                    No. of
                                    Application    Peak Voltage      Surge      Applications &
              Test                   Criteria       or Current     Waveshape      Max. Time         Comments
                                                                                   Between
----------------------------------------------------------------------------------------------------------------
Current Surge                     Low Impedance   500A or        10 x 1000     5 each Polarity
                                   Paths Exposed   Lesser         [micro]s      at 1 minute
                                   to Surges       Current (See                 intervals
                                                   Fig. 5)
 
60 Hz Current Carrying            High or Low     10A rms or     11 Cycles of  3 each Polarity
                                   Impedance       Lesser         60 Hz         at 1 minute
                                   paths Exposed   Current (See   (0.183        intervals
                                   to Surges       Fig. 6)        Sec.)
 
AC Power Service Surge Voltage    AC Power        2500V or + 3   1.2 x 50      5 each Polarity  AC arrester, if
                                   Service         [sigma]        [micro]s      at 1 minute      used, must be
                                   Connection      clamping V                   intervals        removed.
                                                   of arrester                                   Communications
                                                   employed at                                   line arresters,
                                                   10kV/                                         if used, remain
                                                   [micro]s                                      in place.
 
Voltage Surge                     High Impedance  1000V or + 3   10 x 000      Same             All primary
                                   Paths Exposed   [sigma] dc     [micro]s                       arresters, if
                                   to Surges       breakdown of                                  used, must be
                                                   arrester                                      removed.
                                                   employed
 
Arrester Response Delay           Paths           + 3 [sigma]    100V/         Same             Same
                                   protected by    breakdown of   [micro]s
                                   arresters,      arrester       rise decay
                                   such as gas     employed at    to 1/2 V.
                                   tubes, with     100V/          in tube's
                                   breakdown       [micro]s of    delay time
                                   dependent on    rise
                                   V. rate of
                                   rise.
----------------------------------------------------------------------------------------------------------------

    (iii) Two categories of surge tests. (A) Current surge tests 
simulate the stress to which a relatively low impedance path may be 
subjected before main frame protectors break down. Paths with a 100 Hz 
impedance of 50 ohms or less shall be subjected to current surges, 
employing a 10 x 1000 microseconds waveshape as defined in Figure 4. For 
the purpose of determining this impedance, arresters which are mounted 
within the equipment are to be considered zero impedance. The crest 
current shall not exceed 500A; however, depending on the impedance of 
the test specimen this value of current may be lower. The crest current 
through the sample, multiplied by the sample's 100 Hz impedance, shall 
not exceed 1000 volts (V). Where sample impedance is less than two ohms, 
crest current shall be limited to 500A as shown in Figure 5.

[[Page 639]]

                Figure 4--Explanation of Surge Waveshape
[GRAPHIC] [TIFF OMITTED] TC14NO91.087

    Surge Waveshape is defined as follows:
    Rise Time x Time to Decay to Half Crest Value
    (For example, 10 x 1000 [micro]s)
Notes:

    T1 = Time to determine the rate of rise. The rate of rise 
is determined as the slope between 10% and 90% of peak voltage or 
current.
    T2 = Time to 50% of peak voltage (decay to half value).

[[Page 640]]

                Figure 5--Explanation of Surge Waveshape
[GRAPHIC] [TIFF OMITTED] TC14NO91.088

VL = Not to exceed 1000V
VB = Charging Voltage
Z100 = Test Specimen Impedance to be measured at 100 Hz.
RP = Parallel Resistance (Waveshape)
RS = Series Resistance (Current Limiting)

------------------------------------------------------------------------
       Z100              RS                RP                 VB
------------------------------------------------------------------------
0                         5            [infin]                2500
1                         4            [infin]                2500
2                         3            [infin]                2500
3                         2            [infin]                1670
4                         1            [infin]                1250
5                         0            [infin]                1000
7.5                       0                 15                1000
10                        0                 10                1000
15                        0                7.5                1000
20                        0                6.7                1000
25                        0               6.25                1000
30                        0                  6                1000
40                        0                5.7                1000
50                        0                5.5                1000
------------------------------------------------------------------------

    (B) Sixty Hertz (60 Hz) current-carrying tests should be applied to 
simulate an ac power fault which is conducted to the unit over the cable 
pairs. The test should be limited to 10 amperes rms at 60 Hz for a 
period of 11 cycles (0.1835 seconds) and should be applied 
longitudinally from line to ground (see Figures 3 and 6 of this 
section).

[[Page 641]]

                   Figure 6--60 Hz Current Surge Test
[GRAPHIC] [TIFF OMITTED] TC14NO91.089

V--700 Volts RMS (Approximately 1000V Peak).
Z60--Test specimen impedance to be measured at 60 Hz.
RS--Series Resistance (current limiting) in each side of 
          line. (Source impedance never less than 50 [ohm] 
          longitudinal.)

------------------------------------------------------------------------
                  Z60 Hz                                 RS
------------------------------------------------------------------------
0                                           140
10                                          120
20                                          100
50                                          100
Over 50                                     100
------------------------------------------------------------------------

    (C) AC power service surge voltage tests should be applied to the 
power input terminals of ac powered devices to simulate switching surges 
or lightning-induced transients on the ac power system. The test shall 
employ a 1.2 x 50 microseconds waveshape with a crest voltage of 2500V. 
Communications line protectors may be left in place for this test. 
Borrowers are urged to install commercially available surge protectors 
at the ac service entrance as part of their COE building program.
    (D) Voltage surge tests simulate the voltage stress to which a 
relatively high impedance path may be subjected before primary 
protectors break down and protect the circuit. To assure coordination 
with the primary protection while reducing testing to the minimum, 
voltage surge tests should be conducted at a 1000 volts with primary 
arresters removed for devices protected by carbon blocks, or the + 3 
sigma dc breakdown of other primary arresters. Surge waveshape should be 
10 x 1000 microseconds.
    (E) Arrester response delay tests are designed to stress the 
equipment in a manner similar to that caused by the delayed breakdown of 
gap type arresters when subjected to rapidly rising voltages. Arresters 
shall be removed for these tests, the peak surge voltage should be the + 
3 sigma breakdown of the arrester in question on a voltage rising at 
100V per microsecond and the time for the surge to decay to half voltage 
shall equal at least the delay time of the tube, as explained in Figure 
7.

[[Page 642]]

          Figure 7--Explanation of Arrester Response Delay Time
[GRAPHIC] [TIFF OMITTED] TC14NO91.090

The delay time is that period of time when the potential across an 
arrester exceeds its dc firing level.

    (iv) Five applications of each polarity for the surge tests and 
three for the 60 Hz Current Carrying Test are the minimum required. All 
tests should be conducted with not more than 1 minute between 
consecutive applications in each series of three or five to a specific 
configuration so that heating effects will be cumulative. As not all 
tests are required in every application, nonapplicable tests should be 
omitted. Tests should be conducted in the following sequence.
    (A) Current Impulse Test.
    (B) Sixty Hertz (60 Hz) Current Carrying Test.
    (C) AC Power Service Impulse Voltage Test.
    (D) Voltage Impulse Test.
    (E) Arrester Response Delay Test.
    (v) Tests should be applied between each of the following terminal 
combinations for all line operating conditions.
    (A) Line tip to ring.
    (B) Line ring to ground.
    (C) Line tip to ground.
    (D) Line tip to ring tied together to ground.
    (2) Extraordinary surge protection. A central office or RST may be 
located in an area where ground conditions prevent the reasonable 
economic achievement of a low resistance to ground and/or there exists a 
greater than average probability of surge damage. Such an unusually 
hostile operating environment shall be recognized and taken into 
consideration by the bidder in the engineering and specification of the 
central office switching system and line protection. This subject of 
operating environment, ground conditions, etc., should be discussed at 
the time of technical presentation to assure the owner that adequate 
system protection will be provided by the bidder.
    (3) Dielectric strength. Arresters shall be removed for all 
dielectric strength tests. The duration of all dielectric strength tests 
shall be at least 1 second. The applied potential shall equal or exceed 
the + 3 sigma dc breakdown voltage of the arrester, provided by the

[[Page 643]]

COE manufacturer. Direct current potentials shall be applied between all 
line terminals and equipment chassis and between these terminals and 
grounded equipment housings in all instances where the circuitry is dc 
open circuit from the chassis, or connected to the chassis through a 
capacitor.
    (4) Insulation resistance. Following the dielectric tests, the 
insulation resistance of the installed electrical circuits between wires 
and ground, with the normal equipment grounds removed, shall not be less 
than 10 megohms at 500 volts dc at approximately room temperature (68 
[deg]F (20 [deg]C)) and at a relative humidity of approximately 50 
percent. The measurement shall be made after the meter stabilizes, 
unless the requirement is met sooner. Arresters shall be removed for 
these tests.
    (5) Self-protection. (i) All components shall be of the self-
protecting type, capable of being continuously energized at rated 
voltage without injurious results.
    (ii) The unit equipment shall not be permanently damaged by 
accidental short circuits of any duration across either the central 
office side tip and ring or the line side tip and ring. A test is to be 
made with the unit energized at the highest recommended voltages.
    (6) Static discharge. Assemblies subject to damage by static 
discharge shall be identified and special handling instructions shall be 
supplied.
    (v) Miscellaneous--(1) Office wire. All office wire shall be of soft 
annealed tinned copper wire meeting the requirements of ASTM 
Specification B 33-91, Standard Specification for Tinned Soft or 
Annealed Copper Wire for Electrical Purposes, and of suitable cross-
section to provide safe current carrying capacity and mechanical 
strength. The insulation of installed wire, connected to its equipment 
and frames, shall be capable of withstanding the same insulation 
resistance and dielectric strength requirements as given in paragraphs 
(u)(3) and (u)(4) of this section at a temperature of 120 [deg]F (49 
[deg]C) and a relative humidity of 90 percent.
    (2) Wire wrapped terminals. These terminals are preferred and where 
used shall be of a material suitable for wire wrapping. The connections 
to them shall be made with a wire wrapping tool with the following 
minimum number of successive nonoverlapping turns of bare tinned copper 
wire in contact with each terminal.
    (i) 6 Turns of 30 Gauge.
    (ii) 6 Turns of 26 Gauge.
    (iii) 6 Turns of 24 Gauge.
    (iv) 5 Turns of 22 Gauge.
    (3) Protection against corrosion. All metal parts of equipment 
frames, distributing frames, cable supporting framework, and other 
exposed metal parts shall be constructed of corrosion resistant 
materials or materials plated or painted to render them adequately 
corrosion resistant.
    (4) Screws and bolts. Screw threads for all threaded securing 
devices shall be of American National Standard form in accordance with 
Federal Standard H28, Screw-Thread Standards for Federal Services, 
unless exceptions are granted to the manufacturer of the switching 
equipment. All bolts, nuts, screws, and washers shall be of nickel-
copper alloy, steel, brass or bronze.
    (5) Temperature and humidity range. The supplier shall furnish the 
operating temperature and humidity ranges of the equipment being 
provided in order that adequate heating and cooling may be supplied (see 
Items 5.2.1 and 5.2.2 of appendix C of this section).
    (6) Stenciling. Equipment units and terminal jacks shall be 
adequately designated and numbered. They shall be stenciled so that 
identification of equipment units and leads for testing or traffic 
analysis can be made without unnecessary reference to prints or 
descriptive literature.
    (7) Equipment frame design. For newly designed systems, 
consideration should be given to the desirability of providing frames 
which can be installed in rooms of normal ceiling height [up to 10 feet 
(305 cm)]. Where feasible, frames and equipment units shall be designed 
for ready portability and high salvage value.
    (8) Quantity of equipment bays. Consistent with system arrangements 
and ease of maintenance, space shall be provided on the floor plan for 
an orderly layout of future equipment bays that will be required for 
anticipated traffic when the office reaches its ultimate size. Readily 
accessible terminals

[[Page 644]]

shall be provided for connection to interbay and frame cables to future 
bays. All cables, interbay and intrabay (excluding power), if 
technically feasible, shall be terminated at both ends by use of 
connectors.
    (w) Remote switching terminal (RST)--(1) General. The RST is a 
remotely located digital switching terminal which is placed at a 
subordinate wire center for subscriber lines and is a part of the host 
central office from a switching standpoint, and has hardware 
interchangeable with the host office, except for items that are 
applicable only to RST control and associated peripheral equipment. This 
does not preclude the use of existing in-service remote units on a new 
or upgraded host central office of the latest series generic or release.
    (2) Span line. The RST is to be connected to the host central office 
via a means compatible with T1 type span lines using a DS-1 interface. 
This connection will be for control supervision and subscriber 
communication. The RUS equipment specification for a span line is PE-60.
    (3) Switching. (i) The RST may have its switching functions 
controlled either by the host central office stored program control 
processors or by local subordinate processors which communicate with the 
host office processors.
    (ii) As long as the connecting span line is intact, the subscribers 
served by the RST shall have all features, traffic capacity, and 
services including busy verification, available to all other subscribers 
in the system.
    (iii) The RST shall have available an emergency call processing 
option which permits calling among all subscribers and from subscribers 
to emergency numbers within the RST if control link connections to the 
host central office are severed or otherwise disabled. The RST shall be 
capable of rerouting normally used emergency numbers, such as 911, to 
predetermined line terminations in this emergency stand-alone operating 
condition. This RST emergency call processing option shall be provided 
only when specified by the owner in Item 6.1 of appendix B of this 
section.
    (4) Subscriber line test. (i) Means shall be available on an 
optional basis to the maintenance personnel to make subscriber line 
tests from a common location for all subscriber lines including the RST.
    (ii) If tests in paragraph (w)(4)(i) of this section are not 
requested by the owner for a particular installation, a subscriber loop 
test set (see paragraph (o)(2)(iii)(A) of this section) shall be 
supplied at the RST with a means to access all lines.
    (5) Housing. When housed in a building supplied by the owner, a 
complete floor plan including ceiling height, power outlets, cable 
entrances, equipment entry and travel, type of construction, and other 
pertinent dimensions shall be supplied with this section.
    (6) Power--(i) Chargers. A single charger meeting the requirements 
of paragraph (s)(3) of this section (with the exception of paragraph 
(s)(3)(viii) of this section) is required. An additional charger capable 
of carrying the full load or a combination of three chargers each 
capable of carrying half the load shall be supplied if redundant 
chargers are specified in appendix B of this section.
    (ii) Ringing equipment provisioning. (A) Ringing sources shall be 
supplied in duplicate.
    (B) An exception to the duplicated ringing source requirement 
permits nonduplicated ringing source(s) to be utilized where there is 
full compliance with the following service criteria.
    (1) In a remote switching terminal (RST) of 400 or more equipped 
lines, a single nonduplicated ringing source failure shall not cause the 
complete loss of ringing capability to more than 100 lines.
    (2) In a remote switching terminal (RST) of less than 400 equipped 
lines, a single nonredundant ringing source failure shall not cause the 
complete loss of ringing capability to more than 25 percent of the total 
equipped lines.
    (iii) Power converter. (A) Power converters required for the purpose 
of providing various operating voltages to printed circuit boards or 
similar equipment employing electronic components shall be provided in 
duplicate with each unit capable of immediately assuming the full 
operating load upon failure of a unit.

[[Page 645]]

    (B) An exception to the duplicate power converter requirement 
permits nonduplicated power converter(s) to be utilized where there is 
full compliance with the following criteria.
    (1) The failure of any single nonduplicated power converter shall 
not reduce the grade of service of common control and service circuits 
to any individual line or trunk by more than 50 percent.
    (2) The failure of any single nonduplicated power converter shall 
not reduce the traffic carrying capacity of any trunk group or service 
links to a host office by more than 50 percent.
    (3) In a remote switching terminal (RST) of 400 or more equipped 
lines, any single nonduplicated power converter failure shall not cause 
a complete loss of service to more than 100 equipped lines.
    (4) In a remote switching terminal (RST) of less than 400 equipped 
lines, any single nonduplicated power converter failure shall not cause 
a complete loss of service to more than 25 percent of the total equipped 
lines.
    (7) Alarm. Sufficient system alarm points shall be provided from the 
RST to report conditions to the host alarm system.
    (x) Responsibilities of the bidder--(1) Central office layout. (i) 
The successful bidder shall furnish tentative floor plan layout drawings 
showing the arrangement of the equipment and the dimensions of major 
equipment units. These drawings shall include minimum door dimensions 
and ceiling heights required for installation, maintenance and 
ventilation. If requested by the owner, the floor plan shall be such 
that the battery, charger, power board, main distributing frame and wire 
chief's test equipment are isolated from the other equipment by a 
partition.
    (ii) The layout drawings shall also show provision for the ultimate 
capacity of the central office as specified by the owner.
    (iii) After approval by the owner of the tentative floor plan, and 
within 10 calendar days after approval of the contract by the 
Administrator, the owner shall furnish the bidder the necessary data on 
the actual floor plan. Within 20 calendar days after receiving the 
necessary building data, the bidder shall then supply floor plan 
drawings showing exact locations of all equipment, both initial and 
ultimate, including points where connection to commercial power are 
required, with voltage and wattage indicated at each point. Within 20 
calendar days after receiving the floor plan drawings from the bidder, 
the owner shall approve these drawings or take the necessary steps to 
have the drawings changed to meet his approval. The layout planning must 
be so coordinated between the owner and the bidder as not to delay the 
scheduled equipment installation date.
    (2) Shipment of main distributing frame (MDF). The bidder shall ship 
the MDF equipment, with all necessary instructions to permit its 
installation by the owner, at the time requested by the owner in 
writing, provided such time is not earlier than 90 days prior to the 
date specified for the shipment of the rest of the central office 
equipment. If the owner or the owner's agent installs the main 
distributing frame, the owner shall assume the responsibility and the 
expense of proper installation according to information furnished by the 
bidder.
    (3) Drawings and printed material. (i) The bidder shall supply 
instructional material for each exchange involved at the time of 
delivery of the equipment. It is not the intent of this section to 
require system documentation necessary for the repair of individual 
circuit boards. The bidder shall supply three complete sets of legible 
drawings, each set to include all of the following drawings and 
documentation:
    (A) A floor plan showing exact dimensions and location of each 
equipment frame or item to a convenient scale;
    (B) A block schematic drawing showing the various equipment 
components in the system, and their identifying circuit number (e.g., 
MDF, line circuits, memory, trunks, etc.);
    (C) Drawings of major equipment items such as frames, with the 
location of major component items of equipment shown;
    (D) Individual functional drawings for electrical circuits in the 
system;

[[Page 646]]

    (E) A detailed description of the operation of each circuit down to 
a circuit package level;
    (F) Wiring diagrams indicating the specific method of wiring used on 
each item of equipment and interconnection wiring between items of 
equipment;
    (G) Sufficient software documentation to maintain and service the 
system, including drawings showing principal aspects of the software 
architecture;
    (H) Individual maintenance drawings covering each equipment item 
that contains replaceable parts, appropriately identifying each part by 
name and part number, or, complete ordering instructions for all 
replaceable parts if individual item drawings are not provided; and
    (I) Job drawings including all drawings that are individual to the 
particular office involved, such as main frame, power panel, test board, 
etc.
    (ii) The following information shall also be furnished:
    (A) Complete index of the required drawings;
    (B) Explanation of electrical principles of operation of the overall 
switching system;
    (C) List of tests which can be performed with each piece of test 
equipment furnished, and explanation of the method of performing each 
test;
    (D) Sample of each form recommended for use in keeping records of 
tests;
    (E) Criteria for analyzing results of tests and determining 
appropriate corrective action;
    (F) General notes on the methods of isolating equipment faults to 
specific printed circuit cards in the equipment;
    (G) List of typical troubles which might be encountered, together 
with general indications as to the probable location of each trouble;
    (H) Special office grounding requirements;
    (I) A site specific central office ground system acceptance 
checklist that is consistent with industry practice; and
    (J) A site specific layout of the master ground bar (MGB) showing 
assignment of P, A, N, and I equipment areas.
    (4) Distributing frame wire. The bidder shall provide sufficient 
tinned copper conductor distributing frame wire for the initial 
installation. The insulation of this wire shall be such that it will not 
support combustion. The insulation shall have good abrasion resistance 
and cut-through properties, exhibit good solder heat resistance, and be 
suitable for wire wrap connections or insulation displacement 
connections.
    (5) Technical assistance service. A technical assistance service 
shall be made available to assist the owner and its maintenance 
personnel on a 24-hour, 7 days a week basis. There is to be assistance 
available for both hardware and software problems. The necessary 
interface devices shall be supplied by the bidder.
    (6) Spare parts. (i) The spare parts bid price shall be based upon 
the required quantities of spares shown in Item 6.2 of appendix C of 
this section, and shall be added to the base bid for comparison purposes 
in awarding the bid. It is the supplier's responsibility to provide all 
spares required by this section. If the supplier neglects to list 
certain spare parts in Item 6.2 of appendix C of this section, but they 
are necessary to comply with this section, they shall be provided by the 
supplier at no additional cost to the owner.
    (A) ``Units'' are defined as user replaceable components used in the 
central office equipment. ``Spare Parts'' are direct replacements for 
units. Spare parts are necessary for the maintenance and diagnostic 
operations where the suspected faulty unit may be removed and a spare 
part substituted in anticipation that the trouble will be cleared.
    (B) Examples of units for which spare parts should be furnished are 
printed circuit cards; circuit pack assemblies; fuses; and power 
supplies.
    (C) Spare parts are not required as part of this addendum for items 
such as connectorized cables, nuts, bolts, and similar hardware; nor for 
items which can be obtained from sources other than the bidder such as 
battery cells, chargers, powerboards, magnetic tape transport 
assemblies, disk drives, ringing machines, recorded announcement 
machines, loop extenders and voice frequency repeaters, fire bars, 
teletypewriters, and video monitors.

[[Page 647]]

    (D) When 100 or more like units are used in the hosts and RST's to 
be bid, the quantity of spares to be furnished is determined by 
multiplying the total number of like units in the contract by .05 or 
.03, as applicable, and rounding off to the next lowest integer. For 
example, 119 Class 1 units require five spares; 120 require six.
    (E) When alternates are required, the price of the spare parts for 
the alternates shall be included with the price of the alternate.
    (F) For equipment in which the line cards consist of a number of 
plug-in ``daughter'' boards on a ``mother'' board, the line card is 
defined as the ``daughter'' board unit. In a similar manner for those 
designs which have line cards backed up by a ``control card,'' the 
``control card'' is not, by definition, a line card.
    (G) The quantities of spare parts determined in paragraph (x)(6)(vi) 
of this section are a minimum quantity. The bidder may add quantities of 
spare parts to bring the number of spare parts up to the bidder's list 
of spare parts necessary for proper operation in the field.
    (ii) A Class 1 unit does not have automatic transfer to a redundant 
or standby pool of identical units, and provides any function for 24 or 
more lines or trunks or for all trunks in a group. Nonredundant digital 
trunk interfaces are included in this category.
    (iii) A Class 2 unit has automatic transfer to a redundant or 
standby pool of identical units, and provides any function for 24 or 
more lines or trunks or for all trunks in a group. Redundant digital 
trunk interfaces and units of a redundant stored program processor are 
included in this category.
    (iv) A Class 3 unit does not have automatic transfer to a redundant 
or standby pool of identical units and provides any function for no more 
than 23 lines or trunks or for less than all trunks in a group. 
Nonredundant analog trunks are included in this category. Excluded from 
this category are line cards, which are in Class 4.
    (v) A Class 4 unit has automatic transfer to a redundant or standby 
pool of identical units and provides any function for no more than 23 
lines or trunks or for less than all trunks in a group. Also, any line 
cards are in Class 4.
    (vi) The spare parts for all of the hosts and the RST's included in 
this contract shall be provided as follows:

------------------------------------------------------------------------
Quantity of Units used in the CO's & RST's To Be Bid   Required Quantity
----------------------------------------------------- of Spares By Class
                                                            of Unit
                Class ---                 -------------------
                                                       1    2    3    4
------------------------------------------------------------------------
1 through 9                                             1    1    0    0
10 through 24                                           2    2    1    0
25 through 49                                           3    2    2    0
50 through 99                                           4    3    2    0
100 or More                                            5%   3%   3%    0
------------------------------------------------------------------------

    (vii) As a part of the response to the bid, the supplier shall 
furnish a list of units used by class and a list of spare parts to be 
furnished with this contract. This list shall be placed in Item 6.2 of 
appendix C of this section for only one of the host specifications 
included in the entire contract.
    (7) Environmental requirements. The bidder shall specify the 
environmental conditions necessary for safe storage and satisfactory 
operation of the equipment being bid. If requested, the bidder shall 
assist the owner in planning how to provide the necessary environment 
for the equipment.
    (8) Unit costs for cost separation purposes. The successful bidder 
shall present a cost breakdown of the central office equipment on a 
discrete element basis 90 days after installation completion. This shall 
include the various frames, switching and transmission components, and 
software.
    (9) Single-point grounding system acceptance. Qualified 
representatives of the central office system supplier and the owner are 
to conduct a thorough joint acceptance audit of the grounding system 
prior to the central office being placed into service. A grounding 
system acceptance checklist provided by RUS, which is consistent with 
standard industry practice, will be used in conducting this audit. All 
required grounding system corrections are to be made prior to placing 
the central office system into full service operation. The successful 
completion of this grounding system audit will constitute an acceptance 
on the part of both parties, the owner and the central office supplier 
(refer to paragraph (y)(5) of this

[[Page 648]]

section, and appendix D of this section).
    (y) Installation. The following responsibilities apply to the 
central office equipment installation and Remote Switching Terminal 
(RST) installations, unless otherwise noted.
    (1) Responsibilities of owner. The owner shall:
    (i) Allow the bidder and its employees free access to the premises 
and facilities at all hours during the progress of the installation;
    (ii) Take such action as necessary to ensure that the premises are 
dry and free from dust and in such condition as not to be hazardous to 
the installation personnel or the material to be installed (not required 
for an RST installed in a self-contained environmentally controlled 
cabinet);
    (iii) Provide heat or air conditioning when required and general 
illumination in rooms in which work is to be performed or materials 
stored (not required for an RST installed in a self-contained 
environmentally controlled cabinet);
    (iv) Provide suitable openings in buildings to allow material to be 
placed in position (not required for an RST installed in a self-
contained environmentally controlled cabinet);
    (v) Provide the necessary conduit and commercial and dc-ac inverter 
output power to the locations shown on the approved floor plan drawings; 
provide 120 volts, 60 Hz commercial power equipped with a secondary 
arrester and a reasonable number of outlets for test, maintenance and 
installation equipment; provide suitable openings or channels and ducts 
for cables and conductors, from floor to floor and from room to room; 
provide an acceptable central office grounding system and at a ground 
resistance level that is reasonable for office site conditions (not 
required for an RST installed in a self-contained environmentally 
controlled cabinet);
    (vi) Provide the necessary wiring, central office grade ground and 
commercial power service, with a secondary arrester, to the location of 
an exterior RST installation based on the voltage and load requirements 
furnished by the bidder;
    (vii) Test at the owner's own expense all lines and trunks for 
continuity, leakage and loop resistance and ensure that all lines and 
trunks are suitable for operation with the central office equipment 
specified;
    (viii) Make alterations and repairs to buildings necessary for 
proper installation of material, except to repair damage for which the 
bidder or its employees are responsible;
    (ix) Connect outside cable pairs on the distributing frame and run 
all line and trunk jumpers (those connected to protectors);
    (x) Furnish all trunk, line, and party assignment information to 
permit the bidder to program the data base memory within a reasonable 
time prior to final testing;
    (xi) Release for the bidder's use such portions of the existing 
plant as are necessary for the proper completion of such tests as 
require coordination with existing facilities including facilities for 
T1 span lines with properly installed repeaters between the central 
office and the RST installations;
    (xii) Make prompt inspections as it deems necessary when notified by 
the bidder that the equipment, or any part of the equipment, is ready 
for acceptance;
    (xiii) Provide and install adequate fire protection apparatus, 
including one or more fire extinguishers or fire extinguishing systems 
of the gaseous type that has low toxicity and effect on equipment; and
    (xiv) Provide necessary access ports for cable, if underfloor cable 
is selected.
    (2) Responsibilities of bidder. The bidder shall:
    (i) Allow the owner and its representatives access to all parts of 
the buildings at all times during the installation;
    (ii) Obtain the owner's permission before cutting into or through 
any part of the building structure such as girders, beams, concrete or 
tile floors, partitions or ceilings (not applicable to the installation 
of lag screws, expansion bolts, and similar devices used for fastening 
equipment to floors, columns, walls and ceilings);
    (iii) Be responsible for reporting to the owner any damage to the 
building

[[Page 649]]

which may exist or may occur during its occupancy of the building, 
repairing all damage to the building due to carelessness of the bidder's 
workforce, and exercising reasonable care to avoid any damage to the 
owner's property;
    (iv) Consult with the owner before cutting into or through any part 
of the building structure where the fireproofing or moisture proofing 
may be impaired;
    (v) Take necessary steps to ensure that all fire fighting apparatus 
is accessible at all times and all flammable materials are kept in 
suitable places outside the building;
    (vi) Not use gasoline, benzene, alcohol, naphtha, carbon 
tetrachloride or turpentine for cleaning any part of the equipment;
    (vii) Install the equipment in accordance with the specifications 
for the office;
    (viii) Run all jumpers, except line and trunk jumpers (those 
connected to protectors);
    (ix) Establish and update all data base memories with subscriber and 
trunk information as supplied by the owner until an agreed turnover 
time;
    (x) Give the owner notice of completion of the installation at least 
1 week prior to completion;
    (xi) Permit the owner or its representative to conduct tests and 
inspections after installation has been completed in order that the 
owner may be assured that the requirements for installation are met;
    (xii) Allow access, before turnover, by the owner or its 
representative, upon request, to the test equipment which is to be 
turned over as a part of the office equipment, to permit the checking of 
the circuit features which are being tested and to permit the checking 
of the amount of connected equipment to which the test circuits have 
access;
    (xiii) Make final charger adjustments using the manufacturer's 
recommended procedure;
    (xiv) Notify the owner promptly of the completion of work of the 
central office, or such portions as are ready for inspection;
    (xv) Correct promptly all defects for which the bidder is 
responsible;
    (xvi) Provide the owner with one set of marked prints, or strapping 
prints, showing which of the various options and figures are in use on 
each switching system as specified in paragraph (x)(3)(i) of this 
section;
    (xvii) Place the battery in service in compliance with the 
recommendations of the battery manufacturer; and
    (xviii) Furnish the owner with a record of the cell voltages and 
specific gravity readings made at the completion of the installation of 
the switching system and before it is placed in commercial service.
    (3) Installation requirements. (i) All work shall be done in a neat, 
workmanlike manner. Equipment frames or cabinets shall be correctly 
located, carefully aligned, anchored and firmly braced. Cables shall be 
carefully laid with sufficient radius of curvature and protected at 
corners and bends to ensure against damage from handling or vibration. 
Exterior cabinet installations for RST's shall be made in a permanent, 
eye-pleasing manner.
    (ii) All multiple and associated wiring shall be continuous, free 
from crosses, reverses and grounds and shall be correctly wired at all 
points.
    (iii) An inspection shall be made by the owner or its 
representatives prior to performing operational and performance tests on 
the equipment. However, this inspection shall be made after all 
installing operations which might disturb apparatus adjustments have 
been completed. The inspection shall be of such character and extent as 
to disclose with reasonable certainty any unsatisfactory condition of 
apparatus or equipment. During these inspections, or inspections for 
apparatus adjustments, or soldering, or in testing of equipment, a 
sufficiently detailed examination shall be made throughout the portion 
of the equipment within which such condition is observed, or is likely 
to occur, to disclose the full extent of its existence, where any of the 
following conditions are observed:
    (A) Apparatus or equipment units failing to compare in quantity and 
code with that specified for the installation;
    (B) Apparatus or equipment units damaged or incomplete;
    (C) Apparatus or equipment affected by rust, corrosion or marred 
finish; or

[[Page 650]]

    (D) Other adverse conditions resulting from failure to meet 
generally accepted standards of good workmanship.
    (4) Operational test requirements. (i) Operational tests shall be 
performed on all circuits and circuit components to ensure their proper 
functioning in accordance with appropriate applicable documents supplied 
by the bidder.
    (ii) A sufficient quantity of overall tests shall be made to ensure 
proper operation of all specified features.
    (iii) A sufficient quantity of locally originating and incoming 
calls shall be made to prove the switching system can accept and process 
calls to completion.
    (5) Grounding system audit. (i) A grounding system audit shall be 
performed to ensure that a viable single-point grounding system is in 
place prior to the time the switching system is placed into full service 
operation. It is suggested that such an audit be conducted at the time 
the switching system is ready for turnover to the owner.
    (ii) This single-point grounding system audit is to be conducted by 
authorized representatives of the supplier and owner, and with the RUS 
general field representative participating at his discretion.
    (iii) The single-point grounding system audit is to be conducted 
using the checklist contained in appendix D of this section.
    (iv) Appendix D of this section shall be the principal single-point 
grounding system audit guideline document. A supplemental checklist may 
be prepared and provided by the switching system supplier which 
recognizes unique grounding requirements related to their particular 
switching system. The scope of this supplier checklist is to be confined 
to unique and specific switching system requirements only. Acceptable 
supplier supplemental grounding checklist must have prior approval of 
and be on file with the Central Office Equipment Branch of the 
Telecommunications Standards Division of RUS.
    (v) It is the responsibility of the central office supplier to 
ensure that the grounding system evaluation criteria contained in the 
combination of the appendix D checklist of this section and their 
optional supplemental checklist adequately fulfill requirements for 
warranty coverage.
    (vi) All deficiencies in the single-point grounding system are to be 
corrected prior to the switching system being placed into full service 
operation. Exceptions are permitted only by mutual agreement of the 
owner and supplier and with written approval of the RUS general field 
representative.
    (vii) The acceptance statement facesheet of the audit checklist in 
appendix D of this section shall be signed by authorized representatives 
of the supplier and owner to indicate mutual approval of the single-
point grounding system. Copies of all completed grounding system audit 
documents are to be provided to the supplier, owner and appropriate RUS 
telephone program regional offices.

(The information and recordkeeping requirements of this section have 
been approved by the Office of Management and Budget under the control 
number 0572-0059)

Appendix A to Sec.  1755.522--Specification for Digital, Stored Program 
    Controlled Central Office Equipment Detailed Requirements (Host)

                  (Information To Be Supplied by Owner)

Telephone Company Name__________________________________________________

________________________________________________________________________

Location

________________________________________________________________________

Central Office Name (By Location)

Town____________________________________________________________________

County__________________________________________________________________

State___________________________________________________________________

________ Attended

________ Unattended

________ Remotes

                               1. General

    1.1 Notwithstanding the bidder's equipment lists, the equipment and 
materials furnished by the bidder must meet the requirements of 
paragraphs (a) through (x), Appendix A and Appendix B of Sec.  1755.522.
    1.2 Paragraphs (a) through (x) of Sec.  1755.522 cover the minimum 
general requirements for digital, stored program controlled central 
office switching equipment.
    1.3 Paragraph (y) of Sec.  1755.522 covers requirements for 
installation, inspection, and testing when such service is included as 
part of the contract.

[[Page 651]]

    1.4 Appendices A and B of Sec.  1755.522 cover the technical data 
for application engineering and detailed equipment requirements insofar 
as they can be established by the owner. These appendices are to be 
filled in by the owner.
    1.5 Appendix C of Sec.  1755.522 covers detailed information on the 
switching network equipment and the common control equipment, and 
information as to system reliability and heavy traffic delays as 
proposed by the bidder. This appendix is to be filled in by the bidder 
and must be presented with the bid.
    1.6 Appendix D of Sec.  1755.522 is the single-point grounding 
system audit checklist.

                           2. Numbering Scheme

    2.1 This office shall be arranged to serve the following area and 
office code(s):
________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________
    If more than one code is to be served, discrimination shall be 
determined by the following:

Number Translation ____
Separate Trunk Groups ____
Both (Explain in Item 16, Appendix A) ____

    2.2 This office shall be arranged to provide EAS service to the 
following:

------------------------------------------------------------------------
  Connecting office        Code        Connecting office        Code
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
------------------------------------------------------------------------


    2.2.1 Seven digits shall be dialed for all local and EAS calls.
    2.3 Additional dialing procedures to be provided include the 
following:

------------------------------------------------------------------------
                        Feature                             Required
------------------------------------------------------------------------
Station Paid Toll (Including Coin):
           Home Numbering Plan Area (HNPA):
    ``1'' + 7 Digits..................................    ______________
    ``1'' + 10 Digits.................................    ______________
    Other (Explain in Item 16, Appendix A)............    ______________
  Foreign Numbering Plan Area (FNPA):
    ``1'' + 10 Digits.................................    ______________
    Other (Explain in Item 16, Appendix A)............    ______________
------------------------------------------------------------------------


    10XXX Dialing to Interexchange Carriers:

------------------------------------------------------------------------
               Name                              Access code
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
------------------------------------------------------------------------


------------------------------------------------------------------------
                           Feature                             Required
------------------------------------------------------------------------
Person, Special (Including Coin):
  HNPA--``0'' + 7 Digits....................................
                                                             -----------
  ``0'' + 10 Digits.........................................
                                                             -----------
  FNPA ``0'' + 10 Digits....................................
                                                             -----------
  Other (Explain in Item 16, Appendix A)....................
                                                             -----------
Directory Assistance:
  HNPA Local--411...........................................
                                                             -----------
  ``1'' + 411...............................................
                                                             -----------
  HNPA Toll ``1'' + 555-1212................................
                                                             -----------
  FNPA Toll ``1'' + NPA + 555-1212..........................
                                                             -----------
IDDD:
  Operator Serviced 01......................................
                                                             -----------
  Station-Station 011.......................................
                                                             -----------
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                              No. to be
                    Other service codes                         dialed
------------------------------------------------------------------------
Wire Chief.................................................
                                                            ------------
Repair Service.............................................
                                                            ------------
Business Office............................................
                                                            ------------
Emergency Calls to 911 Lines...............................
                                                            ------------
Emergency Calls to 911 Trunks..............................
                                                            ------------
Time.......................................................
                                                            ------------
Weather....................................................
                                                            ------------
100 Test Line..............................................
                                                            ------------
102 Test Line..............................................
                                                            ------------
105 Test Line..............................................
                                                            ------------
Other (Explain in Item 16, Appendix A).....................
                                                            ------------
------------------------------------------------------------------------

    2.4 Assistance calls are answered: (Check appropriate items)
    2.4.1 At the operator office in ________________
    2.4.1.1 By means of the regular interoffice toll trunks ________
    2.4.1.2 By means of the regular interoffice EAS trunks ________
    2.4.1.3 By means of a separate special service trunk group ________
    2.4.1.4 Locally ________
    Explain:

[[Page 652]]

                             3. Office Clock

    3.1 This office is to be slave clock synchronized with another 
office:

 ________ Yes ________ No

(Explain details in Appendix A, Item 16 if ``Yes''.)

    3.2 This office is to be a master clock office to provide 
synchronization timing for other offices:

 ________ Yes ________ No

(Explain details in Appendix A, Item 16 if ``Yes''.)

                     4. Interoffice Trunking Diagram

    4.1 A sketch showing relative location of exchanges, RST's, and 
number of circuits shall be included, also the office and area codes of 
the direct trunk points. The diagram should indicate whether toll or EAS 
trunk groups are ``High Usage'' or ``Final.'' Alternate routes should be 
included. Indicate whether the trunk termination is direct digital or 
analog.

                      5. Translator Function Chart

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         First route                          Alternate routes
                                                                           -----------------------------------------------------------------------------
                                                                             Translator            Send             Translator            Send
                Called point                        Subscriber dials           action   --------------------------    action   -------------------------
                                                                           -------------                          -------------
                                                                              Deletes      Prefixes                  Deletes      Prefixes
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------

6. Line Circuit Requirements (Includes all lines associated with RST's.)

                                               6.1 Types of Lines
----------------------------------------------------------------------------------------------------------------
                                               No. of lines
                                -----------------------------------------                     Total No. of lines
                                                      both local and EAS   No. of EAS areas        required
                                  Local service only        service
----------------------------------------------------------------------------------------------------------------
6.1.1 Individual--Flat Rate....  ____________         ____________        ____________        ____________
6.1.2 Individual--Message Rate.  ____________         ____________        ____________        ____________
6.1.3 Pay Station..............  ____________         ____________        ____________        ____________
6.1.4 Telephone Company          ____________         ____________        ____________        ____________
 Official Lines.
6.1.5 Wire Chief...............  ____________         ____________        ____________        ____________
6.1.6 911 Emergency Service      ____________         ____________        ____________        ____________
 Bureau Lines.
6.1.7 Number Hunting PBX         ____________         ____________        ____________        ____________
 Groups:.


----------------------------------------------------------------------------------------------------------------
                                                        Type              No. of lines
 No. of                                       ---------------------------------------------
 lines     No. of     Direct in   Restricted                                        Both      No. of   Total No.
   in      groups      dial *     service at     Ground       Loop      Local    local and  EAS areas   of lines
 group                                COE         start      start     service      EAS                 required
                                                                         only     service
______   ______      ______      ______        ______      ______     ______     ______     ______     ______
______   ______      ______      ______        ______      ______     ______     ______     ______     ______
______   ______      ______      ______        ______      ______     ______     ______     ______     ______
______   ______      ______      ______        ______      ______     ______     ______     ______     ______
______   ______      ______      ______        ______      ______     ______     ______     ______     ______
----------------------------------------------------------------------------------------------------------------
* Furnish translation information under Item 5.

    6.1.8 WATS Lines (Give details in Appendix A, Item 16)
    Number of Inward WATS Lines ________
    Number of Outward WATS Lines ________
6.1.9 Special Lines Required ________ (Explain in Item 16, Appendix A)
6.1.10 Total Number of Lines Required
    Host ______ (Incl. DDI Concentrator Lines)
    RST 1 ______
    RST 2 ______
    RST 3 ______
    Total ______
6.1.11 Total Director Numbers Required ______
    (Including RST's) (see Item 7.1, Appendix A)
6.1.12 Pay Station
    Type ____________
    New ____ Reused ____
    (Describe in Item 16, Appendix A)

[[Page 653]]

6.1.13 Line Concentrator
6.1.13.1 Supplied by Owner (see Item 16, Appendix A, for details)
    ____ Yes ____ No
6.1.13.2 Supplied by Bidder (If ``Yes'', attach REA Form 397g, 
          Performance Specification for Line Concentrators)
    ____ Yes ____ No
    6.2. Data on Lines Required Range Extension
6.2.1 Number of non-pay station lines having a loop resistance, 
          including the telephone set, as follows:

                                                     No. of lines
1901-3200 ohms.............................  ______
3201-3600 ohms.............................  ______
 

6.2.2 Number of pay station lines having loop resistance, excluding the 
          telephone set, greater than:

                                                     No. of lines
1200 ohms (For Prepay).....................  ______
1000 ohms (For Semi-Postpay Operation).....  ______
 

6.2.3 Range extension equipment is to be provided:
6.2.3.1 Loop Extenders: Total Quantity ______
    By Bidder--Quantity ______
    By Owner--Quantity ______
    (Explain in Item 16, Appendix A)
6.2.3.2 VF Repeaters: Total Quantity ______
    By Bidder--Quantity ______
    (Bidder must have information on loading and cable size.)
    By Owner--Quantity ______
    (Explain in Item 16, Appendix A)
6.2.3.3 Range extension may be furnished as an extended range line 
          circuit at the option of the supplier. If this option is used, 
          the quantities of loop extenders and VF repeaters will be 
          different from the quantities listed above (see Item 6.1,a, 
          Appendix C).
    ____ Yes ____ No

        7. Traffic Data-Line Originating and Terminating Traffic

    7.1 Originating Line Traffic--Estimated per Busy Hour (Includes all 
Lines Associated With RST's):

----------------------------------------------------------------------------------------------------------------
                                   (a) CCS per Main     (b) No. of Main                          No. of Lines
                                       Station             Stations         (axb) Total CCS      Required \1\
----------------------------------------------------------------------------------------------------------------
Ind.--Res......................  __________           __________          __________          __________
Ind.--Bus......................  __________           __________          __________          __________
Special Lines..................  __________           __________          __________          __________
Pay Station....................  __________           __________          __________          __________
Telco Official.................  __________           __________          __________          __________
Wire Chief.....................  __________           __________          __________          __________
No. Htg. or PBX................  __________(\2\)      __________(\3\)     __________          __________
WATS...........................  __________           __________          __________          __________
Data Service...................  __________           __________          __________          __________
911 Emerg. Service.............  __________           __________          __________          __________
  Total........................  ...................  __________          __________          __________(\4\)
                                                     -----------------------------------------------------------
                                 ...................          (c)                 (d)                 (e)
----------------------------------------------------------------------------------------------------------------
\1\ See Appendix A, Item 6.1.
\2\ This figure is the CCS per PBX trunk.
\3\ This figure is the number of PBX trunks.
\4\ This is the total number of line equipments required. The number to be provided will be determined by the
  equipment design of the system of the selected bidder. See Appendix C, Item 3.1.1.2.

    7.2 Average Originating CCS per Line per Busy Hour
    (d) / (e) = ____ / ____ = ____ CCS/Line
    This office shall be engineered to handle an initial average 
originating busy hour traffic of ____ CCS per line. It is anticipated 
that the average originating busy hour traffic will increase to ____ CCS 
per line.
    Originating Traffic Attributed to Host Only ____ CCS/Line
7.3 Terminating Traffic--Estimated CCS per Busy Hour
    It is assumed that the total CCS for terminating traffic is the same 
as for originating traffic. Since digital switch networks are on a 
terminal per line basis, the terminating CCS per line will be the same 
as the originating CCS per line as shown in Item 7.2, Appendix A.
    Terminating Traffic Attributed to Host Only ____ CCS/Line
7.4 Percent of Pushbutton Lines ____
7.5 Anticipated Ultimate Capacity (20 years)
7.5.1 Subscriber Lines
    Host ________ (Incl. DDI Concentrator Lines)
    RST 1 ________
    RST 2 ________
    RST 3 ________
    Total ________

[[Page 654]]

                      8. Trunk Circuit Requirements

    8.1 Interoffice Trunking

                                           8.1.1 Trunking Requirements
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
1. Connecting Office........................................  ...........  ...........  ...........  ...........
2. Use of Trunk.............................................  ...........  ...........  ...........  ...........
3. Trk. Grp. Ntwk. Connection \1\...........................  ...........  ...........  ...........  ...........
4. Quantity Equipped........................................  ...........  ...........  ...........  ...........
5. Ultimate % Growth........................................  ...........  ...........  ...........  ...........
6. CCS Capacity.............................................  ...........  ...........  ...........  ...........
7. Direction................................................  ...........  ...........  ...........  ...........
8. No. Digits Dialed........................................  ...........  ...........  ...........  ...........
9. No. Digits Outpulsed.....................................  ...........  ...........  ...........  ...........
10. No. Digits Inpulsed.....................................  ...........  ...........  ...........  ...........
11. Type Signaling..........................................  ...........  ...........  ...........  ...........
12. Type Pulsing............................................  ...........  ...........  ...........  ...........
13. Carrier Type (2-Wire)...................................  ...........  ...........  ...........  ...........
14. Carrier Type (4-Wire)...................................  ...........  ...........  ...........  ...........
15. Physical................................................  ...........  ...........  ...........  ...........
16. Repeat Coils \2\........................................  ...........  ...........  ...........  ...........
17. DX Signaling Set........................................  ...........  ...........  ...........  ...........
18. Other Type Signaling....................................  ...........  ...........  ...........  ...........
19. Delay Dial..............................................  ...........  ...........  ...........  ...........
20. Direct Digital Interface................................  ...........  ...........  ...........  ...........
21. a. Feature Group B......................................  ...........  ...........  ...........  ...........
  b. Feature Group C........................................  ...........  ...........  ...........  ...........
  c. Feature Group D........................................  ...........  ...........  ...........  ...........
----------------------------------------------------------------------------------------------------------------
\1\ Designation of trunk group network connection involves the following categories:
IC--Direct Inter-LATA Connecting Trunk = (IC/POP)
TC--Tandem Connecting Trunks
IT--Intertandem Connecting Trunks
IL--Intra-LATA Connecting Trunks
TIC--Tandem Inter-LATA Connecting Trunks
Misc.--Intercept, Busy Verification, etc.
\2\ Omit repeating coils for carrier derived trunks.

    8.1.2 Pads for 4-Wire Carrier (7dB and 16dB)

Total Quantity ______
By Bidder Quantity ______
By Owner Quantity ______

    Refer to the attached information regarding connecting company trunk 
circuit drawing numbers and name of manufacturer.
    8.2 Switched Traffic Data
    8.2.1 Originating Traffic

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           No. of digits    Sender sig.
                          Type                                  CCS         H.T. secs.          BHC         out-pulsed         mode           Remarks
--------------------------------------------------------------------------------------------------------------------------------------------------------
Toll ``0''-\1\..........................................  ..............  ..............  ..............  ..............  ..............  ..............
Toll ``0'' + 7 \1 2\....................................  ..............  ..............  ..............  ..............  ..............  ..............
Toll ``0'' + 10 \1 2\...................................  ..............  ..............  ..............  ..............  ..............  ..............
Toll S-S ``1'' + 7 \2\..................................  ..............  ..............  ..............  ..............  ..............  ..............
Toll S-S ``1'' + 10 \2\.................................  ..............  ..............  ..............  ..............  ..............  ..............
Toll Other..............................................  ..............  ..............  ..............  ..............  ..............  ..............
Special Service.........................................  ..............  ..............  ..............  ..............  ..............  ..............
Intercept...............................................  ..............  ..............  ..............  ..............  ..............  ..............
Intraoffice.............................................  ..............  ..............  ..............         XXXXXXX         XXXXXXX  ..............
EAS.....................................................  ..............  ..............  ..............  ..............  ..............  ..............
EAS.....................................................  ..............  ..............  ..............  ..............  ..............  ..............
EAS.....................................................  ..............  ..............  ..............  ..............  ..............  ..............
Tandem..................................................  ..............  ..............  ..............  ..............  ..............  ..............
Tandem..................................................  ..............  ..............  ..............  ..............  ..............  ..............
Tandem..................................................  ..............  ..............  ..............  ..............  ..............  ..............
911 Emerg. Service......................................  ..............  ..............  ..............  ..............  ..............  ..............
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................  ..............  ..............  ..............  ..............  ..............  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ PPCS traffic assumed to be divided 20 percent ``0''- and 80 percent ``0'' + if unknown.
\2\ Toll calls assumed to be divided two-thirds 7 digits and one-third 10 digits.


[[Page 655]]

Busy Hour Attempts = BHC Total x 1.4 = ____
    8.2.2 Terminating Traffic

----------------------------------------------------------------------------------------------------------------
                                                                              No. of
               Type                     CCS       H.T. secs.      BHC         digits      Receiver     Remarks
                                                                             inpulsed    sig. mode
----------------------------------------------------------------------------------------------------------------
Toll Compl........................  ...........  ...........  ...........  ...........  ...........  ...........
Test & Ver........................  ...........  ...........  ...........  ...........  ...........  ...........
Intraoffice.......................  ...........  ...........  ...........  ...........  ...........  ...........
EAS...............................  ...........  ...........  ...........  ...........  ...........  ...........
EAS...............................  ...........  ...........  ...........  ...........  ...........  ...........
EAS...............................  ...........  ...........  ...........  ...........  ...........  ...........
Tandem............................  ...........  ...........  ...........  ...........  ...........  ...........
Tandem............................  ...........  ...........  ...........  ...........  ...........  ...........
Tandem............................  ...........  ...........  ...........  ...........  ...........  ...........
                                   -----------------------------------------------------------------------------
    Total.........................  ...........  ...........  ...........  ...........  ...........  ...........
----------------------------------------------------------------------------------------------------------------

                    9. Checklist of Features Required

    9.1 Alternate Routing
    (Explain in Item 16, Appendix A)
    9.2 Data Service
    (Explain in Item 16, Appendix A)
    9.3 This office shall be:
    9.3.1 End Office Only
    9.3.2 End Office and Intermediate Tandem
    (Explain in Item 16, Appendix A)
    9.3.3 End Office and Access Tandem
    (Explain in Item 16, Appendix A)
    9.4 Billing Data

----------------------------------------------------------------------------------------------------------------
                                                                            Send ANI       Store billing data
                                                                         feature group -------------------------
                                                            Trunk group ---------------                Pollable
                                                                          B    C    D    AMA system     system
----------------------------------------------------------------------------------------------------------------
9.4.1 This office only....................................  ...........  ...  ...  ...  ...........  ...........
9.4.2 Trunks from Tributaries.............................  ...........  ...  ...  ...  ...........  ...........
----------------------------------------------------------------------------------------------------------------
9.4.3 Local Message Detail Recording:
----------------------------------------------------------------------------------------------------------------

    9.5 Pollable Systems
    9.5.1 Polling device to be provided on this contract

____ Required
____ Not Required

(Provide details in Item 16, Appendix A)

    9.5.2 Pollable system to be backed up by tape or disc standby
____ Required
____ Not Required

                             9.6 AMA Format

    9.6.1 Bellcore Format
____ Required
____ Not Required
(Provide details in Item 16, Appendix A)

                  10. Miscellaneous Operating Features

10.1 Busy Verification
10.1.1 By dedicated trunk from toll operator: ____
10.1.1.1 One-Way, Inward ____
10.1.1.2 Two-Way (Busy verification inward, intercept outward) ____
10.1.2 By prefix digit over intertoll trunk ____

    (Indicate digit(s) dialed) ____
10.1.3 Access by Switchman
10.1.3.1 Dedicated Trunk ____
10.1.3.2 Multiple of Operator Trunk ____
10.2 Intercept Facilities
10.2.1 Vacant code, disconnected number, and unassigned number intercept 
          shall be: (Check One)
    By recorded announcement:
    Without cut-through to operator ____
    With cut-through to operator ____
    By operator ____
10.2.2 Changed number intercept shall be: (Check One)
    By recorded announcement:
    Without cut-through to operator ____
    With cut-through to operator ____
    By operator ____
    By automatic intercept system (AIS) in distant office ____
10.2.3 Method of Reaching Operator, if required:
    Separate trunk group ____
    Regular interoffice toll trunks with idle trunk selecting over at 
least three trunks when three or more toll trunks are equipped ____
10.2.4 Number of separate intercept trunk circuits ____
10.3 Line Load Control
10.3.1 Line load control facilities are:
    ____ Required ____ Not Required
    (Explain in Item 16, Appendix A)
10.4 Service Observing Facilities
10.4.1 Service observing facilities are:
    ____ Required ____ Not Required

[[Page 656]]

    (Explain in Item 16, Appendix A)
10.5 Hotel-Motel Arrangements
10.5.1 Hotel-motel arrangements for operation of message registers at 
          the subscriber's premises are:
    ____ Required ____ Not Required
    (Explain in Item 16, Appendix A)
10.5.1.1 How are message registers to be activated?
    Line Reversal ____
    Third Wire ____
    Other ____
    (Explain in Item 16, Appendix A)
10.6 Nailed-Up Connections
    ____ Required ____ Not Required
    (Explain in Item 16, Appendix A)
10.7 Vertical Services: (RST Lines are Included)

 
                                                     Initially                             Ultimate
 
10.7.1 Call Waiting--No. of Lines.....  ____________                         ____________
10.7.2 Call Forwarding--No. of Lines..  ____________                         ____________
        ____ Local ____ Remote
        (Explain in Item 16, Appendix
         A).
10.7.3 Abbreviated Dialing No. of       ____________                         ____________
 Lines.
        No. of Codes per Line ____ for
         ____ Lines
        No. of Codes per Line ____ for
         ____ Lines
10.7.4 Three-Way Calling--No. of Lines  ____________                         ____________
        CCS Per Line..................  ____________                         ____________
 

10.7.5 Other ____
    (Explain in Item 16, Appendix A)

                  11. Maintenance Facility Requirements

    11.1 Alarm Signals
    11.1.1 Handled locally ____
Explain in Detail:______________________________________________________
________________________________________________________________________
________________________________________________________________________
    11.1.2 Transmitted to attended point
    11.1.2.1 Via operator office trunks ____
    11.1.2.2 Via printout or other display service ____
Explain in Detail:______________________________________________________
________________________________________________________________________
________________________________________________________________________
    11.1.2.3 Type of tone to operator
    11.1.2.3.1 Distinctive tone (see (i)(2)(ix) of Sec.  1755.522) ____
    11.1.2.3.2 Other
Explain in Detail:______________________________________________________
________________________________________________________________________
________________________________________________________________________
    11.1.3 Alarm checking signals for carrier and mobile radio systems

11.1.3.1 Minor Alarm...............................................
11.1.3.2 Major Alarm...............................................
11.1.3.3 Terminals for both........................................
11.2 Trouble Location and Test
11.2.1 Outside plant and stations (check desired items)
11.2.1.1 Subscriber's loop test circuit:
11.2.1.1.1 As part of the maintenance center.......................
11.2.1.1.2 Separately..............................................
11.2.1.2 Remote test set (Explain in Item 16, Appendix A)..........
11.2.1.3 Dial speed test circuit (Explain in Item 16, Appendix A)..
11.2.1.4 Pushbutton dialing test circuit...........................
11.2.1.5 Howler (per (o)(2)(iii)(C) of Sec.   1755.522)............
11.2.1.6 Hand test sets, number required ____ (Explain in Item 16,
 Appendix A).......................................................
 

    11.3 Transmission Tests
    11.3.1 Furnish reference tone
Yes ____
No ____

------------------------------------------------------------------------
                                                  Time interval for
  Frequencies and order in which applied         application of each
                                                      frequency
------------------------------------------------------------------------
____ Hz...................................  ____ Seconds
____ Hz...................................  ____ Seconds
____ Hz...................................  ____ Seconds
____ Hz...................................  ____ Seconds
------------------------------------------------------------------------

11.3.2 Test Lines
11.3.2.1 Test Line 100 ____
11.3.2.2 Test Line 102 ____
11.3.2.3 Test Line 104 ____
11.3.2.4 Test Line 105 ____
(Explain in Item 16, Appendix A)
11.3.2.5 Test Line 107 ____
11.3.2.6 Remote Office Test Line ____
(Explain in Item 16, Appendix A)
    11.4 Line Testing
    11.4.1 Automatic line insulation testing
Yes ____
No ____
    11.4.2 Owner supplied equipment
Yes ____
No ____
    11.4.2.1 Vendor supplied interface only
Yes ____
No ____
    If supplied by owner, explain in Item 16, Appendix A, including 
manufacturer, model, location.
    11.5 Remote Control
    11.5.1 Remote control of the system shall be provided.

Yes ____
No ____

    If required, explain in Item 16, Appendix A, including number, type 
and location.

           12. Power Equipment Requirements (Host Office Only)

    12.1 Central Office Battery

[[Page 657]]

    12.1.1 A battery reserve of ____ busy hours shall be provided for 
this office when it reaches ____ lines at the ultimate anticipated 
traffic rates specified in Item 7.2, Appendix A.

    12.1.1.1 The owner will furnish a standby generator, permanently 
installed in this office, with capacity sufficient to power air 
conditioning equipment required for cooling of the central office 
equipment and to maintain an adequate dc supply in the event of a 
failure of the commercial ac supply.

Yes ____
No ____

    12.1.2 Type of battery: (Check One)
Lead Calcium ____
Lead Antimony ____

    12.1.3 Voltmeter (portable 3-60-150 volt scale, 1% accuracy) shall 
be furnished.

Yes ____
No ____

    12.1.4 Hydrometer in a hydrometer holder with glass or plastic drop 
cup shall be furnished.

Yes ____
No ____2112.1.5 Type of battery rack required: (Check One)

Two Tier ____
Other ____
Explain:

    12.1.6 Special equipment power requirements (carrier, voice 
frequency repeaters, etc.). Drain in amperes ____
    12.1.6.1 Supply all necessary equipment to provide the following 48-
volt battery taps:

------------------------------------------------------------------------
                                              Fuse (or circuit breaker)
            Number of circuits                          size
------------------------------------------------------------------------
                                            ............................
                                            ............................
                                            ............................
                                            ............................
------------------------------------------------------------------------

    12.2 Charging Equipment
    12.2.1 Charging equipment shall be provided capable of charging the 
office battery on a full float basis when the office reaches ____ lines 
at the ultimate anticipated traffic rates specified in Item 7.2, 
Appendix A.
    12.2.2 Charger input rating shall be:

------------------------------------------------------------------------
                                                 3-Phase Connection:
------------------------------------------------------------------------
Voltage ____                                3-Wire ____
Phase ____                                  4-Wire ____
Frequency ____                              Delta ____
 
                                            Y ____
------------------------------------------------------------------------

    12.3 Ringing Equipment
    12.3.1 Solid-state ringing equipment in accordance with paragraph 
(s)(5)(i) of Sec.  1755.522 shall be provided for generating the 
frequencies specified by check marks in the following table. Ringing 
generator sets serving the entire office shall each be sized to carry 
the full office ringing load when the office size reaches ____ lines at 
the ultimate anticipated traffic rates specified in Item 7.2, Appendix 
A.
    12.3.2 Ringing frequencies to be supplied:

------------------------------------------------------------------------
                                                                Maximum
                                              Frequency         No. of
                                                in Hz         telephones
------------------------------------------------------------------------
Single Frequency............................         20  ...  ..........
Decimonic...................................         20  ...  ..........
                                                     30  ...  ..........
                                                     40  ...  ..........
                                                     50  ...  ..........
Harmonic....................................    16\2/3\  ...  ..........
                                                     25  ...  ..........
                                                33\1/3\  ...  ..........
                                                     50  ...  ..........
Synchromonic................................         20  ...  ..........
                                                     30  ...  ..........
                                                     42  ...  ..........
                                                     54  ...  ..........
------------------------------------------------------------------------

    12.3.3 Furnish frequency meter (accurate within 1.3 Hz) and 
voltmeter (5% accuracy) for ringing measurements (see paragraph 
(s)(7)(ii) of Sec.  1755.522). Check One:

Panel Mounted ____
Portable ____
Not Required ____

    12.4 Power Board

    The power panel and associated wiring shall be of ample size to meet 
the load requirements when this office reaches ____ lines at the 
ultimate anticipated traffic rates specified in Item 7.2, Appendix A.

         13. Distributing Frame Requirements (Host Office Only)

13.1 Total number of outside plant cable pairs to be terminated....
13.1.1 Gauge of outside plant cable pairs..........................
13.2 Number of outside plant cable pairs to be protected...........
13.3 Number of additional protector pair units to be provided on     ...
 MDF...............................................................
 

Explain:
    13.4 Main Frame Details
    Is present MDF to be reused?
Yes ____
No ____
    If ``Yes,'' Type ____
    Reused protectors are:
____ (Mfgr.)
____ (Type)
    13.4.1 Number of pairs of arrester units (switching equipment) ____
    13.4.2 Number of pairs of gas tube arrester units (special 
equipment) ____
    13.4.2.1 Gas tubes to be:
____ light,
____ medium,
____ heavy,
____ max. duty units
    13.4.2.2 Fail shorted/low breakdown failure mode required

[[Page 658]]

Yes ____
No ____
    13.4.2.3 Breakdown voltage of gas tube arresters ____
    13.4.3 Number of terminated pairs to be grounded ____
    13.4.4 Factory assembled tip cable
Yes ____
No ____
    13.4.4.1 Tip cable length [if other than 20 feet (610 cm)]
____
    13.4.4.2 Tip cable formed
Up ____
Down ____
    13.4.5 Pairs per vertical ____
    13.4.6 Height of vertical ____ feet ____ inches

       14. Building and Floor Plan Information (Host Office Only)

    14.1 Equipment is to be installed in an existing building (Attach 
detailed plan.) ____
    14.2 A new building is planned ____
    14.2.1 Tentative plan (Note to Engineer: Show sketch without 
dimensions.)
    14.3 Detailed Arrangements
    14.3.1 Partition required (to isolate space containing battery, 
charger, power board, test panel, main distributing frame and 
subscriber's loop test circuit (wire chief's test desk) from that of the 
remaining equipment).
Yes ____
No ____
    14.3.2 Vestibule required
Yes ____
No ____
    14.3.3 Cable entrance
Overhead____
Underground ____
    14.3.4 Additional floor space will be required for the following 
equipment which is being furnished by the owner or by the connecting 
company:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
    14.3.5 The office will be arranged for
Overhead Interbay Cabling ____
Underfloor (Computer Room Type) Interbay Cabling ____
    14.3.6 Is earthquake bracing required?
Yes ____
No ____
    (If ``Yes,'' explain zone and criteria used for zone in Item 16, 
Appendix A.)
    14.3.7 Office ground will be ____ ohms or less (Refer to Item 4.6.3 
of RUS TE&CM 810.)
    14.3.8 The office is considered to be in the following category for 
lightning damage probability based on the Figure 1 map of RUS TE&CM 823 
(see paragraph (u)(2) of 1755.522).
____ Very High
____ Higher than Average
____ Average
____ Lower than Average
____ Very Low
    14.3.9 The following is additional information regarding operating 
environment conditions which should be considered in determining system 
protection requirements (tower in vicinity, high exposure, etc.):

                         15. Alternate Requests

    16. Explanatory Notes (Include a detailed description of any 
equipment to be reused, or otherwise supplied by the owner, loop 
extenders, subscriber carrier, VF repeaters, etc.)

 Appendix B to 7 CFR 1755.522--Detailed Information on Remote Switching 
                            Terminals (RST's)

(Complete One Form For Each RST)

1. Number of Subscriber Lines (These lines included in totals in Item 6, 
                              Appendix A).

    1.1 Single-Party: ________ Flat Rate ________ Message Rate.
    1.2 Semi-Postpay Pay Station ________.
    1.3 Prepay Pay Station ________.
    1.4 PABX Lines ________ Loop Start________ Ground Start ________ 
Restricted at Office ________ Other ________
(Describe in Item 12, Appendix B)

    1.5 Number of lines to be pushbutton ________________
    1.6 911 Emergency Lines ________
    1.7 Anticipated ultimate capacity (20-Year) ________

                               2. Traffic

    2.1 Originating traffic per line--CCS/BH: ________ Initial ________ 
Ultimate.
    2.2 Terminating traffic per line--CCS/BH: ________ Initial ________ 
Ultimate
    2.2.1 Terminating will be made equal to originating if it is not 
known to be different.

                      3. Subscriber Loop Resistance

    3.1 Number of subscriber lines having loop resistance, including the 
telephone set of:

No. of Lines
    1501-1900 Ohms __________
    1901-3200 Ohms ________
    3.2 Number of pay station lines having loop resistance, excluding 
the telephone set, greater than:

No. of Lines
    1200 Ohms (For Prepay) ____________
    1000 Ohms (For Semi-Post Pay Operation) __________.

                           4. Range Extension

    4.1 If no standby power is available at the site, loop extenders may 
be required on 1501 to 1900 ohms loops.

[[Page 659]]

    4.2 Loop extenders: Total Quantity __________ By Bidder--Quantity 
________ By Owner--Quantity
(Explain in Item 12, Appendix B)
4.3 VF repeaters: Total Quantity __________ By Bidder--Quantity 
__________ By Owner--Quantity __________.

(Explain in Item 12, Appendix B)

                             5. Power Supply

    5.1 Power Board.
    5.1.1 The power board and associated wiring shall be of ample size 
to meet the load requirements when this RST reaches ________ lines at 
the ultimate anticipated traffic rates specified in Item 2, Appendix B.
    5.2 Charger input rating shall be: Voltage __________ Phase 
__________ Frequency __________
3-Phase Connection:
    3-Wire __________
    4-Wire __________
    Delta __________
    Y__________
    5.2.1 Charger shall be capable of charging the RST battery on a full 
float basis when the RST reaches ________ lines at ultimate traffic rate 
specified in Item 2, Appendix B.
    5.2.2 Charger shall be redundant ________.
    5.3 Battery reserve shall be ________ busy hours when the RST 
reaches ________ lines at the ultimate anticipated traffic specified in 
Item 2, Appendix B.
    5.4 Standby power is available. Yes ______ No ______.
    5.5 Special equipment power requirements ________ amps.
    5.6 Ringing.
    5.6.1 Type of Ringing.

 
        5.6.2 Frequency No.                   1.                     2.                    3.              4.
 
        Frequency (Hz)              .....................  .....................  ....................  ........
        Max. No. Phones/Frequency   .....................  .....................  ....................  ........
 

    5.6.3 Wattage to be sized for ________ lines.
    5.6.4 Frequency Meter (see Item 12.3.3, Appendix A). Panel Mounted 
______ Not Required ______.

                         6. Emergency Operation

    6.1 If path to central office is opened, the RST shall be able to 
complete calls between subscribers in its own system: Yes ______ No 
______
    Further requirements should be listed under Item 12, Appendix B.

                 7. RST Distribution Frame Requirements

    7.1 Total number of outside plant cable pairs to be terminated 
______.
    7.1.1 Gauge of outside plant cable pairs ________.
    7.2 Number of outside plant cable pairs to be protected ________.
    7.3 Number of additional protector pair units to be provided on MDF 
________.
    Explain:
    7.4 Main Frame Details
    7.4.1 Present MDF to be reused Yes______ No______.
    If ``Yes'', Type ________.
    Reused protectors are: ________ (Mfr.) ________ (Type).
    7.4.2 Number of pairs of arrester units (switching equipment) 
________.
    7.4.3 Number of pairs of gas tube arrester units (special equipment) 
________.
    7.4.3.1 Gas tubes to be: ______ light, ______ medium, ______ heavy, 
______ maximum duty units.
    7.4.3.2 Fail shorted/low breakdown failure mode required Yes ______ 
No ______.
    7.4.3.3 Breakdown voltage of gas tube arresters ________.
    7.4.4 Number of terminated pairs to be grounded ________.
    7.4.5 Factory assembled tip cable Yes ______ No ______.
    7.4.5.1 Tip cable length [if other than 20 feet (610 cm)] ______.
    7.4.5.2 Tip cable formed Up ______ Down ______.
    7.4.6 Pairs per vertical ________.
    7.4.7 Height of vertical ________ feet ________ inches.

                 8. Building and Floor Plan Information

    8.1 RST to be mounted in building ______.
    8.1.1 Earthquake bracing required Yes ______ No ______ (see Item 
14.3.6, Appendix A).
    8.1.2 Supply building floor plan.
    8.2 RST to be mounted in cabinet out of doors ______.
    8.2.1 Cabinet to be mounted ______ on pole ______ on ground.

                         9. Subscriber Line Test

    9.1 Remote testing of subscriber lines is required Yes ______ No 
______.
    9.2 Subscriber loop test set ______.

                  10. Span Lines to Host Central Office

    10.1 To be supplied by Owner ______.
    10.2 To be supplied by Bidder ______.
    10.2.1 When the bidder is to supply the span lines, an RUS Form 
397b, Trunk Carrier Systems, with the applicable parts completed must be 
attached with a physical layout of the span line.

                      11. Grounding Considerations

    11.1 The RST ground will be ______ ohms or less. (Refer to Item 
4.6.3 of RUS TE&CM 810.)
    11.2 This RST is considered to be in the following category for 
lightning damage probability based on the Figure 1 map of RUS TE&CM 
823.________ Very High ________ Higher than Average ________ Average

[[Page 660]]

________ Lower than Average ________ Very Low
    11.3 The following is additional information regarding operating 
environment conditions which should be considered in determining system 
protection requirements (tower in vicinity, high exposure, etc.):

                          12. Explanatory Notes

Appendix C to 7 CFR 1755.522--Specifications for Digital, Stored Program 
   Controlled Central Office Equipment Detailed Requirements--Bidder 
                          Supplied Information

Telephone Company
Name____________________________________________________________________
Location

________________________________________________________________________

________________________________________________________________________

Central Office Name (By Location)

Town __________

County __________________ State ______
________________________________________________________________________
    Attended ______ Unattended ______

                               1. General

    1.1 The equipment and materials furnished by the bidder must meet 
the requirements of paragraphs (a) through (x), Appendix A, and Appendix 
B of Sec.  1755.522.
    1.2 Paragraphs (a) through (x) of Sec.  1755.522 cover the minimum 
general requirements for digital, stored program controlled central 
office switching equipment.
    1.3 Paragraph (y) of Sec.  1755.522 covers requirements for 
installation, inspection, and testing when such service is included as 
part of the contract.
    1.4 Appendices A and B of Sec.  1755.522 cover the technical data 
for application engineering and detailed equipment requirements insofar 
as they can be established by the owner. These appendices are to be 
filled in by the owner.
    1.5 Appendix C of Sec.  1755.522 covers detailed information on the 
switching network equipment and the stored program controlled equipment, 
and information as to system reliability and heavy traffic delays as 
proposed by the bidder. This appendix is to be filled in by the bidder 
and must be presented with the bid.
    1.6 Appendix D of Sec.  1755.522 is the single-point grounding 
system audit checklist.

                        2. Performance Objectives

    2.1 Reliability (see paragraph (b) of Sec.  1755.522).
________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.2 Busy Hour Load Capacity and Traffic Delay (see paragraph (e)(10) 
of Sec.  1755.522. Describe basis for traffic analysis).
________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

           3. Equipment Quantities Dependent on System Design

    3.1 Switch Frames and Circuits.
    3.1.1 Number of Lines.
    3.1.1.1 The number of lines to be provided shall include the number 
required for the termination of subscriber lines, Item 7, Appendix A, 
plus the number required for routine testing plus any additional to meet 
the minimum switch increment of the selected system.
    3.1.1.2 The number of lines provided for this office will be ______
    3.1.2 Number of Ports Used for Trunks
    3.1.2.1 The number of trunk ports to be provided shall be based on 
the trunk quantities required (Item 8, Appendix A) as modified by the 
minimum increment of the selected system. Provision shall be made for at 
least 5 percent additional inlet and outlet ports over those required 
initially. The additional ports shall be used for connecting additional 
trunks that may be required in the future.
    3.1.2.2 The number of trunk ports provided for this office will be 
____________
    3.1.3 Number of Subscriber Directory Numbers
3.1.3.1 The number of directory numbers provided shall be based on the 
          total directory numbers required (Item 6.1.11, appendix A), as 
          modified by the memory increment of the proposed system.
    3.1.3.2 The number of subscriber directory numbers provided for this 
office will be ____________

                                 4. RST

    4.1 Information for RST's must be supplied for each RST to be 
furnished.
    4.2 Number of line terminals for this RST will be ____________ .
    4.3 Number of span line terminations to the central office being 
supplied ____________ .
    4.4 If the emergency operation option is required, it will provide 
the following service when connection to the main office is severed:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________
    4.5 The ac power drain at the remote end will be:

Initial ____________ Ultimate ____________ Voltage: Single-Phase 
____________ Three-Phase ____________

[[Page 661]]

    4.6 Special environmental requirements for the remote end:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

                                5. Power

    5.1 AC Power Drain Watts

Initial ____________ Ultimate ____________
    5.2 Heat Dissipation Watts

Provide the initial and ultimate equipment dissipation for each 
equipment room.
    5.2.1 Operating Temperature Range

Minimum ____________ Maximum ____________
    5.2.2 Operating Humidity Range

Minimum ____________ Maximum ____________

           6. Additional Information to be Furnished by Bidder

    6.1 The bidder shall accompany its bid with the following 
information:
    a. Two copies of the equipment list and the calculations from which 
the quantities in the equipment list are determined;
    b. Two copies of the traffic tables from which the quantities are 
determined, other than the full availability tables shown in paragraph 
(p)(1)(i) of Sec.  1755.522;
    c. Two copies of detailed switching diagram showing the traffic on 
each route, the grade of service, the quantity of circuits, and main 
distributing frames;
    d. Block diagram of stored program control and associated 
maintenance equipment;
    e. A prescribed method and criteria for acceptance of the completed 
central office, which is subject to review;
    f. Location of technical assistance service with 24-hour 
maintenance, and conditions when owner will be charged for access to the 
service;
    g. Calculations showing the method by which ringing machine sizes 
were derived;
    h. Precautions to be taken against static discharge;
    i. Details of central office grounding requirements, recognizing 
local grounding conditions;
    j. Details concerning traffic measurement capabilities and formats; 
and
    k. Details concerning AMA features and formats to be provided.
    6.2 As a part of the response to the bid, the bidder must also list 
information concerning the types and quantities of spare parts to be 
furnished. All units, excluding those units described in paragraph 
(x)(6)(i)(C) of Sec.  1755.522, must fall into one of the four classes. 
The information must be in the following format:

----------------------------------------------------------------------------------------------------------------
                       Quantity of units in the CO's and RST's which    Quantity of spare parts furnished with
                                          are bid                                      this bid
 Unit No.  Unit name -------------------------------------------------------------------------------------------
                        Class 1     Class 2     Class 3     Class 4    Class 1    Class 2    Class 3    Class 4
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------

                          7. Explanatory Notes

    Appendix D to 7 CFR 1755.522--Acceptance Checklist--Single-point 
                            Grounding System

                          1. Approval Statement

Telephone Company:______________________________________________________

RUS Borrower Designation:_______________________________________________

RUS Contract Number:____________________________________________________

N/A_____________________________________________________________________

Name:

Central Office:_________________________________________________________

Remote:_________________________________________________________________

Date of Inspection:_____________________________________________________

Names of Inspectors:
Owner Representative____________________________________________________

Central Office Supplies_________________________________________________

Consulting Engineer_____________________________________________________

Mutually Approved Exceptions:

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

Grounding System Approval:

Name (Owner Representative)_____________________________________________

Signature_______________________________________________________________

Title___________________________________________________________________

Date____________________________________________________________________

Name (Supplier Representative)__________________________________________

Signature_______________________________________________________________

Title___________________________________________________________________

Date____________________________________________________________________

                            2. General Survey

    2.1 This office is considered to be in the following category for 
probability of lightning damage based on the Figure 1 map in RUS TE&CM 
823 (also refer to paragraph (u)(2) of Sec.  1755.522)

____ Very High ____ Higher than Average ____ Average ____ Lower than 
Average ____ Very low

    2.2 Central office ground field (COGF) to be inspected for proper 
bonding of conductors to ground rods, etc. COGF to earth grounding 
reading is ________ ohms. (Refer to

[[Page 662]]

RUS TE&CM 802, Appendices C and D, Measurement Techniques.) Is this 
resistance reading acceptable? (Refer to RUS TE&CM 810, Items 1.6, 4.6.2 
and 4.6.3 for protection considerations.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.3 Ground connection to be inspected from the master ground bar 
(MGB) to the central office ground field (COGF) to ensure it is properly 
sized and installed by most direct route with no sharp bends. (Refer to 
RUS TE&CM 810, Item 4.3.2 and section 8.1.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.4 Building structure grounds (steel rebar in footings, ironwork, 
etc.) are to be properly bonded and connected to the MGB. (Refer to RUS 
TE&CM 810, Item 4.3.4.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.5 Metallic central office door(s) are to be painted with metallic 
paint with doorknobs left bare. Door(s) and frames are to be grounded to 
the building structural ground or the MGB.

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.6 Metallic fences within 6 feet (183 cm) of the exchange building, 
storage facilities ground field, etc. are to be properly bonded to the 
COGF outside of the central office building. Handhole enclosure is to be 
used for the COGF connection to permit inspection and disconnect for 
earth resistance testing. (Refer to RUS TE&CM 810, Appendix C, Item 
4.6.1.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.7 Lightning rod systems are to be grounded by a separate dedicated 
ground field. A bond should be provided between the COGF and the 
lightning rod ground field. Handhole enclosure is to be used for the 
COGF connection to permit inspection and disconnect for earth resistance 
testing. (Refer to RUS TE&CM 810, Item 4.3.2.1.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.8 Radio/microwave tower ground grid is to be properly bonded to 
the COGF by a direct outside connection. Handhole enclosure is to be 
used for the COGF connection to permit inspection and disconnect for 
earth resistance testing. (Refer to RUS TE&CM 810, Item 4.3.2 and 
section 10.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.9 If a qualified metallic water system is present, inspect the MGB 
connecting conductor to ensure that it is properly sized and installed 
by the most direct route with no sharp bends and that it is clamped 
solidly on the water pipes. (Refer to RUS TE&CM 810, Item 4.3.3 for 
details on metallic water system grounding.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.10 All power and grounding conductors are to be continuous, end to 
end, with no splices, size discontinuity or intermediate terminations. 
If an exception is necessary, unusual care must be taken to assure 
proper bonding between the two sections. (Refer to RUS TE&CM 810, 
Appendix C, section 5.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.11 All ground conductors should be void of sharp bends along their 
entire lengths. (Refer to RUS TE&CM 810, Item 8.2.2.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.12 Ground conductors should only be placed in nonmetallic conduit. 
Those routed through metallic conduit require that both ends of the 
conduit be bonded to the ground conductor. (Refer to RUS TE&CM 810, Item 
8.2.4.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.13 Ground conductors should not be encircled by metallic clamp. 
Metallic straps are to be removed and replaced with nonmetallic clamps. 
(Refer to RUS TE&CM 810, Item 8.2.4.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

[[Page 663]]

    2.14 If metallic conduit is used, it is to be insulated from all 
ironwork.

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.15 Inspect to determine if the required central office supplier 
electrostatic discharge plates, wrist wraps, antistatic floor mats, etc. 
are available and properly installed. (Refer to RUS TE&CM 810, Item 
12.3.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    2.16 Ground conductors, except green wires, should not be routed 
close and parallel to other conductors so as to minimize induction on 
surges into equipment wiring. It is also better not to route these 
ground conductors through cable racks or troughs, or within the confines 
of any iron work. (Refer to RUS TE&CM 810, Item 8.2.3.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

                       3. Master Ground Bar (MGB)

    3.1 The designated P, A, N, and I segments of the master ground bar 
(MGB) should be clearly identified. (Refer to RUS TE&CM 810, Figure 1 
for MGB segmentation arrangement.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    3.2 Check for appearance and proper location of following on MGB:
    (a) R--Interior radio equipment \1\
---------------------------------------------------------------------------

    \1\ Surge Producer--(P)
---------------------------------------------------------------------------

    (b) C--Cable entrance ground bar \1\
    (c) M--MDF ground bar \1\
    (d) G--Standby power equipment frame ground \1\
    (e) N--Commercial power MGN \2\
---------------------------------------------------------------------------

    \2\ Surge Absorber--(A)
---------------------------------------------------------------------------

    (f) B--Building structure ground \2\
    (g) L--Central office ground field \2\
    (h) W--Water pipe system \2\
    (i) N\1\--Battery Return \3\
---------------------------------------------------------------------------

    \3\ Grounds to non-IGZ Equipment--(N)
---------------------------------------------------------------------------

    (j) N\2\--Outside IGZ: ____________\3\
    (k) N\3\--Outside IGZ: ____________\3\
    (l) I\1\--Ground window bar \4\
---------------------------------------------------------------------------

    \4\ Grounds to IGZ Equipment (GWB's)--(I)
---------------------------------------------------------------------------

    (m) I\2\--Ground window bar \4\
Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    3.3 All connections to MGB are to be two-hole bolted down copper 
crimped or compression type terminal lugs. (NOTE: No solder connections 
are permitted.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    3.4 MGB is to be properly insulated from the mounting surface.

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    3.5 All connections are to be tight.

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    3.6 The MGB is to have an anticorrosion coating of the type which 
enhances conductivity.

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    3.7 Bar is to be clearly stenciled or legibly labeled ``MGB.''

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    3.8 All ground leads are to be properly sized and labeled as to 
point of origin. (Refer to RUS TE&CM 810, Item 8.3.1 and section 8.1.)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

                       4. Ground Window Bar (GWB)

    4.1 All equipment grounds that originate inside of an Isolated 
Ground Zone (IGZ) are to be terminated on the GWB which is preferably 
located physically inside the IGZ and insulated from its support. (Refer 
to RUS TE&CM 810, Item 5.1.)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    4.2 Each GWB is to be connected to the MGB by the most direct route 
with a conductor of 2/0-gauge or coarser, or resistance of less than 
0.005 ohms. Parallel conductors for redundancy if required by the 
supplier. (Refer to RUS TE&CM 810, Item 8.1.2.)


[[Page 664]]


    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    4.3 The metal framework grounds of only that switching equipment and 
associated electrical equipment located inside of the IGZ should be 
connected to the GWB as required by the central office equipment 
supplier. (Refer to RUS TE&CM 810, Item 5.5.)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    4.4 GWB is to be clearly stenciled or labeled ``GWB.''

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    4.5 All connections are to be tight.

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

                      5. Isolated Ground Zone (IGZ)

    5.1 IGZ areas are to be clearly marked on the floor or in some other 
easily recognizable manner. (Refer to RUS TE&CM 810, Item 6.1.1)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    5.2 Confirm that all framework, cabinets, etc., within the IGZ are 
ground connected only to the GWB. (Refer to RUS TE&CM 810, Item 5.5.)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    5.3 All cable racks, ground mats, switching and transmission 
equipment within the IGZ are to have ground leads only to the GWB. 
(Refer to RUS TE&CM 810, Item 5.5.2.)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    5.4 Review ac power feed arrangement within the IGZ for acceptable 
receptacle type and confirm that all green wires are properly connected. 
(Refer to RUS TE&CM 810, Item 5.5.4.)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    5.5 All ironwork, metallic conduit, and other equipment associated 
with the switch are to be properly insulated at the IGZ boundary as 
stipulated by the supplier. (Refer to RUS TE&CM 810, Item 6.2.)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    5.6 With the GWB disconnected from the MGB, the resistance reading 
of ______ ohms between the GWB and the MGB indicates adequate isolation. 
(CAUTION: Test is to be conducted only with the approval and under the 
direction of the central office supplier.)

    Acceptable: ____ Yes ____ No

Comments________________________________________________________________

________________________________________________________________________

________________________________________________________________________

                       6. Entrance and Tip Cables

    6.1 When neither a cable vault nor a splicing trough exists, the 
outside plant cable should be brought into the central office and 
spliced to tip cables with a PVC outer jacket (ALVYN\R\) or equivalent 
as close as practical to the cable entrance. (Refer to RUS TE&CM 810, 
Item 7.3.4.)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    6.2 All outside entrance cables and all tip cable shields are to be 
separated by at least a 3-inch (7.6 cm) gap between shield ends.

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    6.3 All entrance cable shields are to be bonded separately to 6 AWG 
or larger insulated wire or bonding ribbon and connected to the Cable 
Entrance Ground Bar (CEGB) by most direct route with minimum bends.

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    6.4 Outside plant cable shields are to be connected only to the 
CEGB, and the tip cable shields are to be connected only to the Main 
Distributing Frame Bar (MDFB).

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

[[Page 665]]

                   7. Cable Entrance Ground Bar (CEGB)

    7.1 The CEGB is to be properly insulated from the mounting surface. 
(Refer to TE&CM 810, Item 4.2.1.)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    7.2 The CEGB is to be located as close as possible to the physical 
ends of the entrance cable shields.

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    7.3 All connections are to use two-hole bolted down copper crimped 
or compression type terminal lugs. (NOTE: No solder connections are 
permitted.)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    7.4 All connections are to be tight.

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    7.5 Bar is to be clearly stenciled or legibly labeled ``CEGB.''

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    7.6 All ground leads are to be properly sized and labeled.

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    7.7 The CEGB is to have an anticorrosion coating of the type which 
enhances conductivity.

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    7.8 The CEGB is to be connected to the MGB by a properly sized 
conductor and by the most direct route. (Refer to RUS TE&CM 810, section 
8.1.)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

                    8. Main Distributing Frame (MDF)

    8.1 RUS strongly recommends that MDF protectors be furnished without 
heat coils. (Refer to RUS TE&CM 810, section 7.6.)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    8.2 Incoming cable pairs terminated on MDF protector assemblies 
should be protected with protector modules. These modules should contain 
white coded carbon blocks or orange coded gas tube arrestors that are 
included in the RUS List of Materials. (Refer to RUS TE&CM 810, Item 
7.4)

    Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

7_______________________________________________________________________
    8.3 All incoming subscriber cable pairs are to be properly 
terminated at either a protector equipped terminal or connected to 
ground.

    Acceptable: ____ Yes ____ No

Comments________________________________________________________________

________________________________________________________________________

________________________________________________________________________
    8.4 MDF protector assemblies may be mounted directly on the vertical 
frame ironwork. Protector assemblies on each vertical are interconnected 
with each other and the Main Distributing Frame Bar (MDFB) with a 6 
copper grounding conductor. Alternative means of connecting to the MDFB 
are also acceptable which do not rely on the frame ironwork for 
conducting surge currents to ground. (Refer to RUS TE&CM 810, section 
7.)

    Acceptable: ____ Yes ____ No

Comments________________________________________________________________

________________________________________________________________________

________________________________________________________________________
    8.5 Protective ``ground connections'' should be provided between the 
MDFB and the frame ironwork for personnel protection regardless of the 
type of protector assembly used. Protective ground leads should be 14-
gauge, less than 12 inches (30.5 cm) in length with paint thoroughly 
removed at point of connection to the ironwork. (Refer to RUS TE&CM 810, 
Item 7.1.3.)

    Acceptable: ____ Yes ____ No

Comments________________________________________________________________

________________________________________________________________________

________________________________________________________________________
    8.6 The MDFB should be insulated from the frame ironwork in all 
cases where it is used as a Master Ground Bar (MGB). (Refer to RUS TE&CM 
810, Item 7.1.2.)

    Acceptable: ____ Yes ____ No

Comments________________________________________________________________


[[Page 666]]

________________________________________________________________________
________________________________________________________________________

________________________________________________________________________
    8.7 Where the MDFB is used as the MGB in very small offices the 
protective ``ground connections'' should be connected on the N section 
of the bar. The MDF line protector assembly grounds should be connected 
to the P section of the bar. (Refer to RUS TE&CM 810, Item 7.1.4.)

    Acceptable: ____ Yes ____ No

Comments________________________________________________________________

________________________________________________________________________

________________________________________________________________________
    8.8 The MDFB is to be connected to the MGB by the most direct path 
with minimum bends and proper conductor size. (Refer to RUS TE&CM 810, 
Item 8.1.4.)
    Acceptable: ____ Yes ____ No

Comments________________________________________________________________

________________________________________________________________________

________________________________________________________________________

    8.9 The MDFB should be free of all other ground leads when not used 
as an MGB.

    Acceptable: ____ Yes ____ No

Comments________________________________________________________________

________________________________________________________________________

________________________________________________________________________
    8.10 Alternative arrangements which insulate the line protector 
assemblies and MDFB from the frame ironwork may require a direct ground 
connection of the frame ironwork to the MGB for personnel protection. 
Conductor is properly sized and tightened with paint removal on main 
frame ironwork at point of connection.

    Acceptable: ____ Yes ____ No

Comments________________________________________________________________

________________________________________________________________________

________________________________________________________________________

                9. Power Service Protection and Grounding

    9.1 The ground conductor between the ac power system multigrounded 
neutral (MGN) at the main ac disconnect panel and the master ground bar 
(MGB) is to be properly sized and connected. (Refer to RUS TE&CM 810, 
Items 2.19, 4.3.1 and 8.1.3.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    9.2 If there is a non-MGN ac power system, there is to be a properly 
sized and connected insulated conductor bond between the power service 
ground electrode and the MGB. (Refer to RUS TE&CM 810, Item 4.3.1.1.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    9.3 AC conductors including ground conductors serving 120-volt ac 
electric convenience receptacles and all direct wire peripheral 
equipment, located in the IGZ, should be sized in accordance with normal 
``green wire'' criteria. (Refer to RUS TE&CM 810, Items 5.5.4, 5.5.5, 
and 5.5.6.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    9.4 Minimum protection for ac power serving the central office 
buildings should consist of an RUS accepted secondary arrestor at the 
service entrance. (Refer to RUS TE&CM 810, section 9.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    9.5 A properly sized conductor for ground bonding between the 
standby power plant framework (not separately derived) and the MGB is to 
be provided to equalize framework voltages for personnel safety reasons. 
(Refer to RUS TE&CM 810, Item 4.2.4.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

                            10. Miscellaneous

    10.1 All non-IGZ equipment frames, relay racks, cable racks and 
other ironwork are to be properly connected to the MGB. (Refer to TE&CM 
810, Item 4.4.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________
    10.2 Shields on high frequency intra-office cables are to be 
properly isolated and connected only to an isolation ground bar in the 
relay rack. All shielded cables entering the IGZ should only be 
referenced at the IGZ termination point as given by the manufacturer. 
(Refer to RUS TE&CM 810, Item 7.2.1.2.)

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

    10.3 Isolation ground bars in the relay racks are to be properly 
connected to the MGB with appropriate sized conductor with no sharp 
bends.

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

[[Page 667]]

    10.4 All radio equipment cabinet(s) are to be at least 10 feet (305 
cm) from the IGZ.

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

    10.5 The metal spare parts cabinet is to be grounded with a 6 AWG 
or larger insulated wire to non-IGZ cable rack, etc. or directly to the 
MGB.

Acceptable: ____ Yes ____ No

Comments:_______________________________________________________________

________________________________________________________________________

________________________________________________________________________

[58 FR 30938, May 28, 1993; 58 FR 36252, July 6, 1993, as amended at 60 
FR 1711, Jan. 5, 1995, 60 FR 64312, 64314, Dec. 15, 1995; 69 FR 18803, 
Apr. 9, 2004]



Sec. Sec.  1755.523-1755.699  [Reserved]



Sec.  1755.700  RUS specification for aerial service wires.

    Sec. Sec.  1755.701 through 1755.704 cover the requirements for 
aerial service wires.

[61 FR 26074, May 24, 1996]



Sec.  1755.701  Scope.

    (a) This section covers the requirements for aerial service wires 
intended for aerial subscriber drops.
    (b) The aerial service wires can be either copper coated steel 
reinforced or nonmetallic reinforced designs.
    (c) For the copper coated steel reinforced design, the reinforcing 
members are the conductors.
    (1) The conductors are solid copper-covered steel wires.
    (2) The wire structure is completed by insulating the conductors 
with an overall extruded plastic insulating compound.
    (d) For the nonmetallic reinforced design, the conductors are solid 
copper individually insulated with an extruded solid insulating 
compound.
    (1) The insulated conductors are either laid parallel (two conductor 
design only) or twisted into pairs (a star-quad configuration is 
permitted for two pair wires).
    (2) The wire structure is completed by the application of 
nonmetallic reinforcing members and an overall plastic jacket.
    (e) All wires sold to RUS borrowers for projects involving RUS loan 
funds under Sec. Sec.  1755.700 through 1755.704 must be accepted by RUS 
Technical Standards Committee ``A'' (Telecommunications). For wires 
manufactured to the specification of Sec. Sec.  1755.700 through 
1755.704, all design changes to an accepted design must be submitted for 
acceptance. RUS will be the sole authority on what constitutes a design 
change.
    (f) Materials, manufacturing techniques, or wire designs not 
specifically addressed by Sec. Sec.  1755.700 through 1755.704 may be 
allowed if accepted by RUS. Justification for acceptance of modified 
materials, manufacturing techniques, or wire designs must be provided to 
substantiate product utility and long term stability and endurance.

[61 FR 26074, May 24, 1996]



Sec.  1755.702  Copper coated steel reinforced (CCSR) aerial service wire.

    (a) Conductors. (1) Each conductor shall comply with the 
requirements specified in the American National Standard Institute/
Insulated Cable Engineers Association, Inc. (ANSI/ICEA) S-89-648-1993, 
paragraphs 2.1 through 2.1.5. The ANSI/ICEA S-89-648-1993 Standard For 
Telecommunications Aerial Service Wire, Technical Requirements (approved 
by ANSI July 11, 1994) is incorporated by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of ANSI/ICEA S-89-648-1993 are 
available for inspection during normal business hours at RUS, room 2845, 
U.S. Department of Agriculture, Washington, DC 20250-1500, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Copies are available from ICEA, P. O. Box 440, South 
Yarmouth, MA 02664, telephone number (508) 394-4424.
    (2) Factory joints in conductors shall comply with the requirement 
specified in ANSI/ICEA S-89-648-1993, paragraph 2.1.6.
    (b) Conductor insulation. (1) The raw materials used for the 
conductor insulation shall comply with the requirements specified in 
ANSI/ICEA S-89-648-1993, paragraph 3.1.1.

[[Page 668]]

    (2) The raw materials shall be accepted by RUS prior to their use.
    (3) The finished conductor insulation shall be free from holes, 
splits, blisters, or other imperfections and shall be as smooth as is 
consistent with best commercial practice.
    (4) The finished conductor insulation shall comply with the 
requirements specified in ANSI/ICEA S-89-648-1993, paragraphs 3.1.5 
through 3.1.5.4.
    (5) The insulation shall have a minimum spot thickness of not less 
than 0.9 millimeters (mm) (0.03 inches (in.)) at any point.
    (c) Wire assembly. (1) The two conductors shall be insulated in 
parallel to form an integral configuration.
    (2) The finished wire assembly shall be either a flat or a notched 
oval. Other finished wire assemblies may be used provided that they are 
accepted by RUS prior to their use.
    (3) The overall dimensions of the finished wire assembly shall be in 
accordance with the following requirements:

------------------------------------------------------------------------
                                                    Dimensions
                                         -------------------------------
                Diameter                    Minimum mm      Maximum mm
                                               (in.)           (in.)
------------------------------------------------------------------------
Major...................................      5.5 (0.22)      8.0 (0.31)
Minor...................................      3.0 (0.12)      5.0 (0.19)
------------------------------------------------------------------------

    (d) Conductor marking. The insulated conductors of a finished wire 
shall be marked in accordance with the requirements specified in ANSI/
ICEA S-89-648-1993, paragraph 3.1.4.
    (e) Electrical requirements--(1) Conductor resistance. The direct 
current (dc) resistance of each conductor in a completed CCSR aerial 
service wire shall comply with the requirement specified in ANSI/ICEA S-
89-648-1993, paragraph 7.1.2.
    (2) Wet mutual capacitance. The wet mutual capacitance of the 
completed CCSR aerial service wire shall comply with the requirement 
specified in ANSI/ICEA S-89-648-1993, paragraph 7.1.3.
    (3) Wet attenuation. The wet attenuation of the completed CCSR 
aerial service wire shall comply with the requirement specified in ANSI/
ICEA S-89-648-1993, paragraph 7.1.4.
    (4) Wet insulation resistance. The wet insulation resistance of the 
completed CCSR aerial service wire shall comply with the requirement 
specified in ANSI/ICEA S-89-648-1993, paragraph 7.1.5.
    (5) Dielectric strength. (i) The wet dielectric strength between 
conductors and between each conductor of the completed CCSR aerial 
service wire and the surrounding water shall comply with the requirement 
specified in ANSI/ICEA S-89-648-1993, paragraph 7.1.6.
    (ii) The dry dielectric strength between conductors of the completed 
CCSR aerial service wire shall comply with the requirement specified in 
ANSI/ICEA S-89-648-1993, paragraph 7.1.7.
    (6) Fusing coordination. The completed CCSR aerial service wire 
shall comply with the fusing coordination requirement specified in ANSI/
ICEA S-89-648-1993, paragraph 7.1.8.
    (7) Insulation imperfections. Each length of completed CCSR aerial 
service wire shall comply with the requirement specified in ANSI/ICEA S-
89-648-1993, paragraph 7.1.9.
    (f) Mechanical requirements--(1) Impact test. (i) All CCSR aerial 
service wires manufactured in accordance with this section shall comply 
with the unaged impact test specified in ANSI/ICEA S-89-648-1993, 
paragraph 8.1.2.
    (ii) All CCSR aerial service wires manufactured in accordance with 
this section shall comply with the aged impact test specified in ANSI/
ICEA S-89-648-1993, paragraph 8.1.3.
    (2) Abrasion resistance test. All CCSR aerial service wires 
manufactured in accordance with this section shall comply with the 
abrasion resistance test specified in ANSI/ICEA S-89-648-1993, paragraph 
8.1.4.
    (3) Static load test. All CCSR aerial service wires manufactured in 
accordance with this section shall comply with the static load test 
specified in ANSI/ICEA S-89-648-1993, paragraph 8.1.5.
    (4) Plasticizer compatibility test. All CCSR aerial service wires 
manufactured in accordance with this section shall comply with the 
plasticizer compatibility test specified in ANSI/ICEA S-89-648-1993, 
paragraph 8.1.8.
    (g) Environmental requirements--(1) Cold temperature handling test. 
(i) All

[[Page 669]]

CCSR aerial service wires manufactured in accordance with this section 
shall comply with the unaged cold temperature handling test specified in 
ANSI/ICEA S-89-648-1993, paragraph 8.2.1.
    (ii) All CCSR aerial service wires manufactured in accordance with 
this section shall comply with the aged cold temperature handling test 
specified in ANSI/ICEA S-89-648-1993, paragraph 8.2.2.
    (2) Light absorption test. All CCSR aerial service wires 
manufactured in accordance with this section shall comply with the light 
absorption test specified in ANSI/ICEA S-89-648-1993, paragraph 8.2.3.
    (3) Low temperature separation test. All CCSR aerial service wires 
manufactured in accordance with this section shall comply with the low 
temperature separation test specified in ANSI/ICEA S-89-648-1993, 
paragraph 8.2.4.
    (4) Flammability test. All CCSR aerial service wires manufactured in 
accordance with this section shall comply with the flammability test 
specified in ANSI/ICEA S-89-648-1993, paragraph 8.3.
    (5) Wire listing. All CCSR aerial service wires manufactured in 
accordance with this section shall comply with the listing requirements 
specified in ANSI/ICEA S-89-648-1993, paragraph 8.4.
    (h) Identification marker. Each length of CCSR aerial service wire 
shall be identified in accordance with ANSI/ICEA S-89-648-1993, 
paragraph 9.1.4. When surface marking is employed, the color of the 
initial marking shall be either white or silver.
    (i) Length marking (optional). (1) Sequentially numbered length 
marking of the completed CCSR aerial service wire may be used at the 
option of the manufacturer unless specified by the end user.
    (2) When sequentially numbered length markings are used, the length 
markings shall be in accordance with ANSI/ICEA S-89-648-1993, paragraph 
9.1.5. The color of the initial marking shall be either white or silver.
    (j) Durability of marking. The durability of the marking of the CCSR 
aerial service wire shall comply with the requirements specified in 
ANSI/ICEA S-89-648-1993, paragraph 9.1.6.

[61 FR 26075, May 24, 1996, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  1755.703  Nonmetallic reinforced (NMR) aerial service wire.

    (a) Conductors. (1) Each conductor shall comply with the 
requirements specified in ANSI/ICEA S-89-648-1993, paragraphs 2.2 and 
2.2.1. The ANSI/ICEA S-89-648-1993 Standard For Telecommunications 
Aerial Service Wire, Technical Requirements (approved by ANSI July 11, 
1994) is incorporated by reference in accordance with 5 U.S.C. 552(a) 
and 1 CFR part 51. Copies of ANSI/ICEA S-89-648-1993 are available for 
inspection during normal business hours at RUS, room 2845, U.S. 
Department of Agriculture, Washington, DC 20250-1500, or at the National 
Archives and Records Administration (NARA). For information on the 
availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Copies are available from ICEA, P. O. Box 440, South 
Yarmouth, MA 02664, telephone number (508) 394-4424.
    (2) Factory joints made in the conductors during the manufacturing 
process shall comply with the requirement specified in ANSI/ICEA S-89-
648-1993, paragraph 2.2.2.
    (b) Conductor insulation. (1) The raw materials used for the 
conductor insulation shall comply with the requirements specified in 
ANSI/ICEA S-89-648-1993, paragraphs 3.2 through 3.2.2.
    (2) The finished conductor insulation shall comply with the 
requirements specified in ANSI/ICEA S-89-648-1993, paragraph 3.2.3.
    (3) The dimensions of the insulated conductors shall comply with the 
requirements specified in ANSI/ICEA S-89-648-1993, paragraph 3.2.3.1.
    (4) The colors of the insulation shall comply with the requirements 
specified in ANSI/ICEA S-89-648-1993, paragraph 3.2.3.2.
    (5) A permissible overall performance level of faults in conductor 
insulation shall comply with the requirement specified in ANSI/ICEA S-
89-648-1993, paragraph 3.2.4.6. The length count and

[[Page 670]]

number of faults shall be recorded. The information shall be retained 
for a period of 6 months and be available for review by RUS when 
requested.
    (6) Repairs to the conductor insulation during manufacture are 
permissible. The method of repair shall be accepted by RUS prior to its 
use. The repaired insulation shall comply with the requirement specified 
in ANSI/ICEA S-89-648-1993, paragraph 3.2.3.3.
    (7) All repaired sections of insulation shall be retested in the 
same manner as originally tested for compliance with paragraph (b)(5) of 
this section.
    (8) The colored insulating material removed from or tested on the 
conductor, from a finished wire shall comply with the requirements 
specified in ANSI/ICEA S-89-648-1993, paragraphs 3.2.4 through 3.2.4.5.
    (c) Identification of pairs and layup of pairs. (1) The insulation 
shall be colored coded to identify:
    (i) The tip and ring conductor of each pair; and
    (ii) Each pair in the completed wire.
    (2) The colors to be used in the pairs together with the pair 
numbers shall be in accordance with the table specified in ANSI/ICEA S-
89-648-1993, paragraph 4.1.1.
    (3) The insulated conductors shall be either layed parallel (two 
conductor design only) or twisted into pairs.
    (4) When using parallel conductors for the two conductor design, the 
parallel conductors shall be designed to enable the wire to meet the 
electrical requirements specified in paragraph (g) of this section.
    (5) When twisted pairs are used, the following requirements shall be 
met:
    (i) The pair twists shall be designed to enable the wire to meet the 
electrical requirements specified in paragraph (g) of this section; and
    (ii) The average length of pair twists in any pair in the finished 
wire, when measured on any 3 meter (10 foot) length, shall not exceed 
the requirement specified in ANSI/ICEA S-89-648-1993, paragraph 4.1.
    (6) An alternative method of forming the two-pair wire is the use of 
a star-quad configuration.
    (i) The assembly of the star-quad shall be such as to enable the 
wire to meet the electrical requirements specified in paragraph (g) of 
this section.
    (ii) The star-quad configuration shall be assembled in accordance 
with ANSI/ICEA S-89-648-1993, paragraph 4.1.2.
    (iii) The average length of twist for the star-quad in the finished 
wire, when measured on any 3 meter (10 foot) length, shall not exceed 
the requirement specified in ANSI/ICEA S-89-648-1993, paragraph 4.1.
    (iv) The color scheme used to provide identification of the tip and 
ring conductors of each pair in the star-quad shall comply with the 
table specified in ANSI/ICEA S-89-648-1993, paragraph 4.1.2.
    (d) Strength members. The strength members shall comply with the 
requirements specified in ANSI/ICEA S-89-648-1993, paragraphs 6.1 and 
6.1.1.
    (e) Wire jacket. (1) The jacket shall comply with the requirements 
specified in ANSI/ICEA S-89-648-1993, paragraphs 5.1 and 5.1.1.
    (2) The jacket raw materials shall be accepted by RUS prior to their 
use.
    (f) Wire assembly. The finished wire assembly shall be in accordance 
with ANSI/ICEA S-89-648-1993, paragraph 5.1.3 and Figure 5-1.
    (g) Electrical requirements--(1) Conductor resistance. The dc 
resistance of each conductor in a completed NMR aerial service wire 
shall comply with the requirement specified in ANSI/ICEA S-89-648-1993, 
paragraph 7.2.2.
    (2) Resistance unbalance. (i) The dc resistance unbalance between 
the two conductors of any pair in a completed NMR aerial service wire 
and the average resistance unbalance of all pairs in a Quality Control 
Lot shall comply with the requirements specified in ANSI/ICEA S-89-648-
1993, paragraph 7.2.3.
    (ii) The resistance unbalance between tip and ring conductors shall 
be random with respect to the direction of unbalance. That is, the 
resistance of the tip conductors shall not be consistently higher with 
respect to the ring conductors and vice versa.
    (3) Dry mutual capacitance. The dry mutual capacitance of the 
completed NMR aerial service wire shall comply with the requirements 
specified in ANSI/ICEA S-89-648-1993, paragraph 7.2.4, Type 1.

[[Page 671]]

    (4) Pair-to-pair capacitance unbalance. The pair-to-pair capacitance 
unbalance as measured on the completed NMR aerial service wire shall 
comply with the requirements specified in ANSI/ICEA S-89-648-1993, 
paragraph 7.2.5.
    (5) Attenuation. (i) The dry attenuation of the completed NMR aerial 
service wire shall comply with the requirement specified in ANSI/ICEA S-
89-648-1993, paragraph 7.2.7.
    (ii) The wet attenuation of the completed NMR aerial service wire 
shall comply with the requirement specified in ANSI/ICEA S-89-648-1993, 
paragraph 7.2.8.
    (6) Insulation resistance. (i) The dry insulation resistance of the 
completed NMR aerial service wire shall comply with the requirement 
specified in ANSI/ICEA S-89-648-1993, paragraph 7.2.9.
    (ii) The wet insulation resistance of the completed NMR aerial 
service wire shall comply with the requirement specified in ANSI/ICEA S-
89-648-1993, paragraph 7.2.10.
    (7) Wet dielectric strength. The wet dielectric strength between 
conductors and between each conductor of the completed NMR aerial 
service wire and the surrounding water shall comply with the requirement 
specified in ANSI/ICEA S-89-648-1993, paragraph 7.2.11.
    (8) Fusing coordination. The completed NMR aerial service wire shall 
comply with the fusing coordination requirement specified in ANSI/ICEA 
S-89-648-1993, paragraph 7.2.13.
    (9) Crosstalk loss. (i) The output-to-output far-end crosstalk loss 
(FEXT) for any pair of completed NMR aerial service wire shall comply 
with the requirement specified in ANSI/ICEA S-89-648-1993, paragraph 
7.2.14.
    (ii) The input-to-input near-end crosstalk loss (NEXT) for any pair 
of completed NMR aerial service wire shall comply with the requirement 
specified in ANSI/ICEA S-89-648-1993, paragraph 7.2.14.
    (h) Mechanical requirements--(1) Impact test. (i) All NMR aerial 
service wires manufactured in accordance with this section shall comply 
with the unaged impact test specified in Sec.  1755.702(f)(1)(i).
    (ii) All NMR aerial service wires manufactured in accordance with 
this section shall comply with the aged impact test specified in Sec.  
1755.702(f)(1)(ii).
    (2) Abrasion resistance test. All NMR aerial service wires 
manufactured in accordance with this section shall comply with the 
abrasion resistance test specified in Sec.  1755.702(f)(2).
    (3) Static load test. All NMR aerial service wires manufactured in 
accordance with this section shall comply with the static load test 
specified in Sec.  1755.702(f)(3).
    (4) Elongation test. All NMR aerial service wires manufactured in 
accordance with this section shall comply with the elongation test 
specified in ANSI/ICEA S-89-648-1993, paragraph 8.1.7.
    (5) Plasticizer compatibility test. All NMR aerial service wires 
manufactured in accordance with this section shall comply with the 
plasticizer compatibility test specified in Sec.  1755.702(f)(4).
    (i) Environmental requirements--(1) Cold temperature handling test. 
(i) All NMR aerial service wires manufactured in accordance with this 
section shall comply with the unaged cold temperature handling test 
specified in Sec.  1755.702(g)(1)(i).
    (ii) All NMR aerial service wires manufactured in accordance with 
this section shall comply with the aged cold temperature handling test 
specified in Sec.  1755.702(g)(1)(ii).
    (2) Light absorption test. All NMR aerial service wires manufactured 
in accordance with this section shall comply with the light absorption 
test specified in Sec.  1755.702(g)(2).
    (3) Flammability test. All NMR aerial service wires manufactured in 
accordance with this section shall comply with the flammability test 
specified in Sec.  1755.702(g)(4).
    (4) Wire listing. All NMR aerial service wires manufactured in 
accordance with this section shall comply with the listing requirements 
specified in Sec.  1755.702(g)(5).
    (j) Ripcord (optional). (1) A ripcord may be used in the NMR aerial 
service wire structure at the option of the manufacturer unless 
specified by the end user.
    (2) When a ripcord is used it shall comply with the requirements 
specified

[[Page 672]]

in ANSI/ICEA S-89-648-1993, paragraphs 4.2 through 4.2.3.
    (k) Identification marker. Each length of NMR aerial service wire 
shall be identified in accordance with ANSI/ICEA S-89-648-1993, 
paragraphs 9.1 through 9.1.4. When surface marking is employed, the 
color of the initial marking shall be either white or silver.
    (l) Length marking (optional). (1) Sequentially numbered length 
marking of the completed NMR aerial service wire may be used at the 
option of the manufacturer unless specified by the end user.
    (2) When sequentially numbered length markings are used, the length 
markings shall be in accordance with in accordance with Sec.  
1755.702(i)(2).
    (m) Durability of marking. The durability of the marking of the NMR 
aerial service wire shall comply with the requirements specified in 
Sec.  1755.702(j).

[61 FR 26076, May 24, 1996, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  1755.704  Requirements applicable to both CCSR and NMR 
aerial service wires.

    (a) Acceptance testing. (1) The tests described in Sec. Sec.  
1755.700 through 1755.704 are intended for acceptance of wire designs 
and major modifications of accepted designs. What constitutes a major 
modification is at the discretion of RUS. These tests are intended to 
show the inherent capability of the manufacturer to produce wire 
products having long life and stability.
    (2) For initial acceptance, the manufacturer shall:
    (i) Certify that the product fully complies with each paragraph in 
Sec. Sec.  1755.700 through 1755.704;
    (ii) Agree to periodic plant inspections by RUS;
    (iii) Certify whether the product complies with the domestic origin 
manufacturing provisions of the ``Buy American'' requirements of the 
Rural Electrification Act of 1938 (7 U.S.C. 903 note), as amended (the 
``REA Buy-American provision'');
    (iv) Submit at least three written user testimonials concerning 
field performance of the product; and
    (v) Provide any other nonpropriety data deemed necessary by the 
Chief, Outside Plant Branch (Telecommunications).
    (3) In order for RUS to consider a manufacturer's request that a 
product be requalified, the manufacturer shall certify not later than 
June 30 of the year in which requalification is required, that the 
product:
    (i) Fully complies with each paragraph in Sec. Sec.  1755.700 
through 1755.704; and
    (ii) Does or does not comply with the domestic origin manufacturing 
provisions of the REA Buy American provisions. The required 
certifications shall be dated within 90 days of the submission.
    (4) Initial and requalification acceptance requests should be 
addresses to: Chairman, Technical Standards Committee ``A'' 
(Telecommunications), Telecommunications Standards Division, Rural 
Utilities Service, AG Box 1598, Washington, DC 20250-1598.
    (b) Extent of testing--(1) Tests on 100 percent of completed wire. 
(i) Each conductor in the completed CCSR and NMR aerial service wire 
shall be tested for continuity in accordance with ANSI/ICEA S-89-648-
1993, paragraphs 7.1.1 and 7.2.1, respectively. The ANSI/ICEA S-89-648-
1993 Standard For Telecommunications Aerial Service Wire, Technical 
Requirements (approved by ANSI July 11, 1994) is incorporated by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
of ANSI/ICEA S-89-648-1993 are available for inspection during normal 
business hours at RUS, room 2845, U.S. Department of Agriculture, 
Washington, DC 20250-1500, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html. Copies 
are available from ICEA, P. O. Box 440, South Yarmouth, MA 02664, 
telephone number (508) 394-4424.
    (ii) Each conductor in the completed CCSR and NMR aerial service 
wire shall be tested for shorts in accordance with ANSI/ICEA S-89-648-
1993, paragraphs 7.1.1 and 7.2.1, respectively.
    (iii) Each length of completed CCSR and NMR aerial service wire 
shall be tested for insulation imperfections in

[[Page 673]]

accordance with Sec.  1755.702(e)(7) and Sec.  1755.703(b)(5), 
respectively.
    (2) Capability tests. Tests on a quality assurance basis shall be 
made as frequently as is required for each manufacturer to determine and 
maintain compliance with:
    (i) Performance of the conductors;
    (ii) Performance of the conductor insulation and jacket material;
    (iii) Sequential marking and lettering;
    (iv) Mutual capacitance, capacitance unbalance, attenuation, and 
crosstalk;
    (v) Conductor resistance, resistance unbalance, and insulation 
resistance;
    (vi) Dielectric strength and fusing coordination;
    (vii) Impact, abrasion, static load, elongation, and plasticizer 
compatibility tests; and
    (viii) Cold temperature handling, light absorption, low temperature 
separation, and flammability tests.
    (c) Summary of records of electrical and physical tests. (1) Each 
manufacturer shall maintain suitable summary records for a period of at 
least 3 years of all electrical and physical tests required on completed 
wire as set forth in paragraph (b) of this section. The test data for a 
particular lot of aerial service wire shall be in a form such that it 
may be readily available to the purchaser or to RUS upon request.
    (2) Measurements and computed values shall be rounded off to the 
number of places or figures specified for the requirement according to 
ANSI/ICEA S-89-648-1993, paragraph 1.3.
    (d) Manufacturing irregularities. (1) Repairs to the insulation of 
CCSR aerial service wires are not permitted in wires supplied to end 
users under Sec. Sec.  1755.700 through 1755.704.
    (2) Repairs to the jacket of NMR aerial service wires are not 
permitted in wires supplied to end users under Sec. Sec.  1755.700 
through 1755.704.
    (e) Splicing. Splicing of completed CCSR and NMR aerial service 
wires shall comply with the requirement specified in ANSI/ICEA S-89-648-
1993, paragraph 8.1.1.
    (f) Preparation for shipment. (1) CCSR and NMR aerial service wire 
shall be shipped either in coils or on reels.
    (2) When CCSR and NMR aerial service wires are shipped on reels the 
following provisions shall apply:
    (i) The diameter of the drum shall be large enough to prevent damage 
to the wire from reeling or unreeling. The reels shall be substantial 
and so constructed as to prevent damage to the wire during shipment and 
handling;
    (ii) A waterproof corrugated board or other suitable means of 
protection accepted by RUS prior to its use may be applied to the reel. 
If the waterproof corrugated board or other suitable material is used 
for protection, it shall be suitably secured in place to prevent damage 
to the wire during storage and handling. The use of the waterproof 
corrugated board or other suitable means of protection shall be at the 
option of the manufacturer unless specified by the end user;
    (iii) The outer end of the wire shall be securely fastened to the 
reel head so as to prevent the wire from becoming loose in transit. The 
inner end of the wire shall be securely fastened in such a way as to 
make it readily available if required for electrical testing. Spikes, 
staples, or other fastening devices which penetrate the conductor 
insulation of the CCSR aerial service wire and the jacket of the NMR 
aerial service wire shall not be used. The method of fastening the wire 
ends shall be accepted by RUS prior to their use;
    (iv) Each length of wire shall be wound on a separate reel;
    (v) Each reel shall be plainly marked to indicate the direction in 
which it should be rolled to prevent loosening of the wire on the reel; 
and
    (vi) Each reel shall be stenciled or labeled on either one or both 
sides with the following information:
    (A) Customer order number;
    (B) Manufacturer's name and product code;
    (C) Factory reel number and year of manufacture;
    (D) Gauge of conductors and pair size of wire;
    (E) Length of wire; and
    (F) RUS designation letter ``K.''
    (3) When CCSR and NMR aerial service wires are shipped in coils the 
following provisions shall apply:

[[Page 674]]

    (i) The diameter of the coil shall be large enough to prevent damage 
to the wire from coiling or uncoiling;
    (ii) The nominal length of the wire in a coil shall be 305 meters 
(1,000 feet). No coil shall be less than 290 meters (950 feet) long or 
more than 460 meters (1,500 feet) long; however, 25 percent of the total 
number of coils may be less than 305 meters (1,000 feet);
    (iii) The coils of wire shall be wound securely with strong tape in 
four separate evenly spaced places;
    (iv) The coils may be protected from damage by wrapping the coil 
with heavy paper, burlap, or other suitable material accepted by RUS 
prior to its use. The use of the heavy paper, burlap, or other suitable 
means of protection shall be at the option of the manufacturer unless 
specified by the end user; and
    (v) Each coil shall be tagged with the following information:
    (A) Customer order number;
    (B) Manufacturer's name and product code;
    (C) Year of manufacture;
    (D) Gauge of conductors and pair size of wire;
    (E) Length of wire; and
    (F) RUS designation letter ``K.''
    (4) In lieu of wrapping the coil with heavy paper, burlap, or other 
suitable material, the coil may be packaged in a moisture resistant 
carton.
    (5) When the coils are shipped in moisture resistant cartons, each 
carton shall be marked with the information specified in paragraphs 
(f)(3)(v)(A) through (f)(3)(v)(F) of this section.
    (6) Other methods of shipment may be used if accepted by RUS prior 
to their use.
    (7) When NMR aerial service wire is shipped, the ends of the wire 
shall be sealed in accordance with ANSI/ICEA S-89-648-1993, paragraph 
9.2.

[61 FR 26077, May 24, 1996, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. Sec.  1755.705-1755.859  [Reserved]



Sec.  1755.860  RUS specification for filled buried wires.

    (a) Scope. (1) This section covers the requirements for filled 
buried wires intended for direct burial as a subscriber drop and/or 
distribution wire.
    (i) The conductors are solid copper, individually insulated with an 
extruded solid insulating compound.
    (ii) The insulated conductors are twisted into pairs (a star-quad 
configuration is permitted for the two pair wires) which are then 
stranded or oscillated to form a cylindrical core.
    (iii) A moisture resistant filling compound is applied to the 
stranded conductors completely covering the insulated conductors and 
filling the interstices between the pairs.
    (iv) The wire structure is completed by the application of an 
optional core wrapping material, an inner jacket, a flooding compound, a 
shield, a flooding compound, and an overall plastic jacket.
    (2) The number of pairs and gauge size of conductors which are used 
within the RUS program are provided in the following table:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
American Wire Gauge (AWG)         22................  24
Pairs                             2.................  2
                                  3.................  3
------------------------------------------------------------------------

    (3) All wires sold to RUS borrowers for projects involving RUS loan 
funds under this section must be accepted by RUS Technical Standards 
Committee ``A'' (Telephone). For wires manufactured to the specification 
of this section, all design changes to an accepted design must be 
submitted for acceptance. RUS will be the sole authority on what 
constitutes a design change.
    (4) Materials, manufacturing techniques, or wire designs not 
specifically addressed by this section may be allowed if accepted by 
RUS. Justification for acceptance of modified materials, manufacturing 
techniques, or wire designs must be provided to substantiate product 
utility and long term stability and endurance.
    (5) The American National Standards Institute/Electronic Industries 
Association (ANSI/EIA) 359-A-84, EIA Standard Colors for Color 
Identification and Coding, referenced in this section is incorporated by 
reference by RUS. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Copies of ANSI/EIA 359-A-84 are available for inspection 
during normal business hours at RUS, room

[[Page 675]]

2845, U.S Department of Agriculture, Washington, DC 20250-1500, or at 
the National Archives and Records Administration (NARA). For information 
on the availability of this material at NARA, call 202-741-6030, or go 
to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. Copies are available 
from EIA, 2001 Pennsylvania Avenue, NW., suite 900, Washington, DC 
20006, telephone number (202) 457-4966.
    (6) American Society for Testing and Materials specifications (ASTM) 
A 505-87, Standard Specification for Steel, Sheet and Strip, Alloy, Hot-
Rolled and Cold-Rolled, General Requirements for; ASTM B 3-90, Standard 
Specification for Soft or Annealed Copper Wire; ASTM B 193-87, Standard 
Test Method for Resistivity of Electrical Conductor Materials; ASTM B 
224-91, Standard Classification of Coppers; ASTM B 694-86, Standard 
Specification for Copper, Copper Alloy, and Copper-Clad Stainless Steel 
Sheet and Strip for Electrical Cable Shielding; ASTM D 150-87, Standard 
Test Methods for A-C Loss Characteristics and Permittivity (Dielectric 
Constant) of Solid Electrical Insulating Materials; ASTM D 257-91, 
Standard Test Methods for D-C Resistance or Conductance of Insulating 
Materials; ASTM D 1238-90b, Standard Test Method for Flow Rates of 
Thermoplastics by Extrusion Plastometer; ASTM D 1248-84(1989), Standard 
Specification for Polyethylene Plastics Molding and Extrusion Materials; 
ASTM D 1535-89, Standard Test Method for Specifying Color by the Munsell 
System; ASTM D 3349-86, Standard Test Method for Absorption Coefficient 
of Carbon Black Pigmented Ethylene Plastic; ASTM D 4101-82(1988), 
Standard Specification for Propylene Plastic Injection and Extrusion 
Materials; ASTM D 4565-90a, Standard Test Methods for Physical and 
Environmental Performance Properties of Insulations and Jackets for 
Telecommunications Wire and Cable; ASTM D 4566-90, Standard Test Methods 
for Electrical Performance Properties of Insulations and Jackets for 
Telecommunications Wire and Cable; ASTM D 4568-86, Standard Test Methods 
for Evaluating Compatibility between Cable Filling and Flooding 
Compounds and Polyolefin Cable Materials; ASTM D 4872-88, Standard Test 
Method for Dielectric Testing of Wire and Cable Filling Compounds; ASTM 
E 8-91, Standard Test Methods of Tension Testing of Metallic Materials; 
and ASTM E 29-90, Standard Practice for Using Significant Digits in Test 
Data to Determine Conformance with Specifications, referenced in this 
section are incorporated by reference by RUS. These incorporations by 
references were approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the ASTM 
standards are available for inspection during normal business hours at 
RUS, room 2845, U.S. Department Agriculture, Washington, DC 20250-1500, 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. Copies are available 
from ASTM, 1916 Race Street, Philadelphia, Pennsylvania 19103-1187, 
telephone number (215) 299-5585.
    (b) Conductors and conductor insulation. (1) Each conductor must be 
a solid round wire of commercially pure annealed copper. Conductors must 
meet the requirements of the American Society for Testing and Materials 
(ASTM) B 3-90 except that requirements for Dimensions and Permissible 
Variations are waived and elongation requirements are superseded by this 
section.
    (2) The minimum conductor elongation in the final wire must comply 
with the following limits when tested in accordance with ASTM E 8-91.

------------------------------------------------------------------------
                                                     Minimum Elongation--
                   Conductor--AWG                          Percent
------------------------------------------------------------------------
22                                                             20
24                                                             16
------------------------------------------------------------------------

    (3) Joints made in conductors during the manufacturing process may 
be brazed, using a silver alloy solder and nonacid flux, or they may be 
welded using either an electrical or cold welding technique. In joints 
made in uninsulated conductors, the two conductor ends must be butted. 
Splices

[[Page 676]]

made in insulated conductors need not be butted but may be joined in a 
manner acceptable to RUS.
    (4)(i) The tensile strength of any section of a conductor containing 
a factory joint must not be less than 85 percent of the tensile strength 
of an adjacent section of the solid conductor of equal length without a 
joint.
    (ii) Engineering Information: The sizes of wire used and their 
nominal diameters shall be as shown in the following table:

 
------------------------------------------------------------------------
                                               Nominal Diameter
                AWG                 ------------------------------------
                                      Millimeters (mm)    (Inches (in.))
------------------------------------------------------------------------
22                                   0.643               (0.0253)
24                                   0.511               (0.0201)
------------------------------------------------------------------------

    (5) Each conductor must be insulated with either a colored, solid, 
insulating grade, high density polyethylene or crystalline propylene/
ethylene copolymer or with a solid natural primary layer and a colored, 
solid outer skin using one of the insulating materials listed in 
paragraphs (b)(5)(i) through (b)(5)(ii) of this section.
    (i) The polyethylene raw material selected to meet the requirements 
of this section must be Type III, Class A, Category 4 or 5, Grade E9, in 
accordance with ASTM D 1248-84(1989).
    (ii) The crystalline propylene/ethylene raw material selected to 
meet the requirements of this section must be Class PP 200B 40003 E11 in 
accordance with ASTM D 4101-82(1988).
    (iii) Raw materials intended as conductor insulation furnished to 
these requirements must be free from dirt, metallic particles, and other 
foreign matter.
    (iv) All insulating raw materials must be accepted by RUS prior to 
their use.
    (6) All conductors in any single length of wire must be insulated 
with the same type of material.
    (7) A permissible overall performance level of faults in conductor 
insulation must average not greater than one fault per 12,000 conductor 
meters (40,000 conductor feet) for each gauge of conductor.
    (i) All insulated conductors must be continuously tested for 
insulation faults during the twinning operation with the method of test 
acceptable to RUS. The length count and number of faults must be 
recorded. The information must be retained for a period of 6 months and 
be available for review by RUS when requested.
    (ii) The voltages for determining compliance with the requirements 
of this section are as follows:

------------------------------------------------------------------------
                                               Direct Current Voltages
                    AWG                              (Kilovolts)
------------------------------------------------------------------------
22                                          6.0
24                                          5.0
------------------------------------------------------------------------

    (8) Repairs to the conductor insulation during manufacturing are 
permissible. The method of repair must be accepted by RUS prior to its 
use. The repaired insulation must be capable of meeting the relevant 
electrical requirements of this section.
    (9) All repaired sections of insulation must be retested in the same 
manner as originally tested for compliance with paragraph (b)(7) of this 
section.
    (10) Colored insulating material removed from or tested on the 
conductor, from a finished wire, must be capable of meeting the 
following performance requirements:

------------------------------------------------------------------------
                                                           Crystalline
                                                           Propylene/
             Property                  Polyethylene         Ethylene
                                                            Copolymer
------------------------------------------------------------------------
Melt Flow Rate
  Percent increase from raw
   material, Maximum.
  <0.5 (Initial Melt Index).......  50                   --
  0.5-2.00 (Initial Melt Index)...  25                   --
  <=5.0 (Initial Melt Index)......   --                 110
 
Tensile Strength--Minimum
  Megapascals (MPa)...............  16.5                21.0
  (Pounds per Square Inch (psi))..  (2,400)             (3,000)
 
Ultimate Elongation
  Minimum, Percent................  300                 300
Cold Bend
  Failures, Maximum...............  0/10                0/10

[[Page 677]]

 
Shrinkback
  Maximum, mm (in.)...............  10 (0.375)          10 (0.375)
Oxygen Induction Time
  Minimum, Minutes................  20                  20
------------------------------------------------------------------------

    (11) Testing procedures. The procedures for testing the insulation 
samples for compliance with paragraph (b)(10) of this section must be as 
follows.
    (i) Melt flow rate. The melt flow rate must be determined as 
described in ASTM D 1238-90b. Condition E must be used for polyethylene. 
Condition L must be used for crystalline propylene/ethylene copolymer. 
The melt flow test must be conducted prior to the filling operation.
    (ii) Tensile strength and ultimate elongation. Samples of the 
insulation material, removed from the conductor, must be tested in 
accordance with ASTM D 4565-90a using the following conditions. The 
minimum length of unclamped specimen must be 50 mm (2.0 in.). The 
minimum speed of jaw separation must be 25 mm (1.0 in.) per minute per 
25 mm (1.0 in.) of unclamped specimen. The temperature of specimens and 
surrounding shall be 23 1 [deg]C.
    Note: Quality assurance testing at a jaw separation speed of 500 mm/
min (20 in./min) is permissible. Failures at this rate must be retested 
at the 50 mm/min (2 in./min) rate to determine section compliance.
    (iii) Cold bend. Samples of the insulation material on the conductor 
must be tested in accordance with ASTM D 4565-90a at a temperature of -
40 1 [deg]C with a mandrel diameter equal to 3 
times the outside diameter of the insulated conductor. There must be no 
cracks visible to normal or corrected-to-normal vision.
    (iv) Shrinkback. Samples of insulation must be tested for four hours 
in accordance with ASTM D 4565-90a. The temperature for the type of 
material is listed as follows:

------------------------------------------------------------------------
                 Material                            Temperature
------------------------------------------------------------------------
Polyethylene                                115 1
                                             [deg]C
Crystalline propylene/ethylene Copolymer    130 1
                                             [deg]C
------------------------------------------------------------------------

    (v) Oxygen induction time. Samples of insulation, which have been 
conditioned in accordance with paragraph 17.3 of ASTM D 4565-90a, must 
be tested in accordance with the procedures of ASTM D 4565-90a using 
copper pans and a test temperature of 199 1 
[deg]C.
    (12) Other methods of testing may be used if acceptable to RUS.
    (c) Identification of pairs and twisting of pairs. (1) The 
insulation must be colored to identify:
    (i) The tip and ring conductor of each pair; and
    (ii) Each pair in the completed wire.
    (2) The colors to be used to provide identification of the tip and 
ring conductor of each pair are shown in the following table:

------------------------------------------------------------------------
                                                      Color
               Pair No.                ---------------------------------
                                              Tip              Ring
------------------------------------------------------------------------
1                                       White            Blue
2                                       White            Orange
3                                       White            Green
------------------------------------------------------------------------

    (3) Standards of color. The colors of the insulated conductors 
supplied in accordance with this section are specified in terms of the 
Munsell Color System (ASTM D 1535-89) and must comply with the ``Table 
of Wire and Cable Limit Chips'' as defined in ANSI/EIA-359-A-84. (Visual 
color standards meeting these requirements may be obtained directly from 
the Munsell Color Company, Inc., 2441 North Calvert Street, Baltimore, 
Maryland 21218).
    (4) Positive identification of the tip and ring conductors of each 
pair by marking each conductor of a pair with the color of its mate is 
permissible. The method of marking must be accepted by RUS prior to its 
use.
    (5) Other methods of providing positive identification of the tip 
and ring conductors of each pair may be employed if accepted by RUS 
prior to its use.
    (6) The insulated conductors must be twisted into pairs.
    (7) In order to provide sufficiently high crosstalk isolation, the 
pair

[[Page 678]]

twists must be designed to enable the wire to meet the capacitance 
unbalance and the crosstalk loss requirements of paragraphs (m)(2), 
(m)(3), and (m)(4) of this section.
    (8) The average length of pair twists in any pair in the finished 
wire, when measured on any 3 meter (m) (10 foot(ft)) length, must not 
exceed 152 mm (6 in.).
    (9) An alternative method of forming the two pair wire is the use of 
a star-quad configuration.
    (i) The assembly of the star-quad must be such as to enable the wire 
to meet the capacitance unbalance and the crosstalk loss requirements of 
paragraphs (m)(2), (m)(3), and (m)(4) of this section.
    (ii) The four individual insulated conductors must be twisted 
together to form a star-quad configuration with the tip and ring 
conductors of each pair diagonally opposite each other in the quad.
    (iii) The average length of twist for the star-quad in the finished 
wire, when measured on any 3 m (10 ft) length, must not exceed 152 mm (6 
in.).
    (iv) The following color scheme must be used to provide 
identification of the tip and ring conductor of each pair in the star-
quad:

------------------------------------------------------------------------
                                                   Color
            Pair No.             ---------------------------------------
                                          Tip                Ring
------------------------------------------------------------------------
1                                 White with blue     Blue
                                   stripe.
2                                 White with orange   Orange
                                   stripe.
------------------------------------------------------------------------

    (v) If desired, the blue and orange conductors may contain a white 
stripe. The stripes in this case must be narrow enough so that the tip 
and ring identification is obvious.
    (d) Forming of the wire core. (1) Twisted pairs or star-quad 
configuration must be assembled in such a way as to form a substantially 
cylindrical group.
    (2) The filling compound must be applied to the wire core in such a 
way as to provide a completely filled core as is commercially practical.
    (3) If desired for manufacturing reasons, white or colored binders 
of nonhygroscopic and nonwicking material may be applied over the core.
    (e) Filling compound. (1) After or during the stranding operation 
and prior to application of the optional core wrap and inner jacket, a 
homogeneous filling compound free of agglomerates must be applied to the 
wire core. The compound must be as nearly colorless as is commercially 
feasible and consistent with the end product requirements and pair 
identification.
    (2) The filling compound must be free from dirt, metallic particles, 
and other foreign matter. It must be applied in such a way as to fill 
the space within the wire core.
    (3) The filling compound must be nontoxic and present no dermal 
hazards.
    (4) The filling compound must exhibit the following dielectric 
properties at a temperature of 23 3 [deg]C when 
measured in accordance with ASTM D 150-87 or ASTM D 4872-88.
    (i) The dissipation factor must not exceed 0.0015 at a frequency of 
1 megahertz (MHz).
    (ii) The dielectric constant must not exceed 2.30.
    (5) The volume resistivity must not be less than 10\12\ ohm-cm at a 
temperature of 23 3 [deg]C when measured in 
accordance with ASTM D 257-91 or ASTM D 4872-88.
    (6) The individual wire manufacturer must satisfy RUS that the 
filling compound selected for use is suitable for its intended 
application. The filling compound must be compatible with the wire 
components when tested in accordance with ASTM D 4568-86 at a 
temperature of 80 [deg]C.
    (f) Core wrap (optional). (1) When a core wrap is used, it must 
consist of a layer of nonhygroscopic and nonwicking dielectric material. 
The wrap must be applied with an overlap.
    (2) The core wrap must provide a sufficient heat barrier to prevent 
visible evidence of conductor insulation deformation or adhesion between 
conductors, caused by adverse heat transfer during the inner jacketing 
operation.
    (3) If required for manufacturing reasons, white or colored binders 
of nonhygroscopic and nonwicking material may be applied over the core 
wrap.
    (4) Sufficient filling compound must be applied to the core wrap 
that voids or air spaces existing between the core

[[Page 679]]

and inner side of the core wrap are minimized.
    (g) Inner jacket. (1) An inner jacket must be applied over the core 
and/or core wrap.
    (2) The jacket must be free from holes, splits, blisters, or other 
imperfections and must be as smooth and concentric as is consistent with 
the best commercial practice.
    (3) The inner jacket material and test requirements must be as 
specified for the outer jacket material per paragraphs (j)(3) through 
(j)(5)(iv) of this section.
    (4) The inner jacket thickness at any point must not be less than 
0.5 mm (0.020 in.). The thickness must be determined from measurements 
on 50 mm (2 in.) samples taken not less than 0.3 m (1 ft) from either 
end of the wire. The average must be determined from 4 readings taken 
approximately 90 [deg]apart on any cross section of the samples. The 
maximum and minimum points must be determined by exploratory 
measurements. The maximum thickness minus the minimum thickness at any 
cross section must not exceed 43 percent of the average thickness at 
that cross section.
    (h) Flooding compound. (1) Sufficient flooding compound must be 
applied on all sheath interfaces so that voids and air spaces in these 
areas are minimized.
    (2) The flooding compound must be compatible with the jacket when 
tested in accordance with ASTM D 4568-86 at a temperature of 80 [deg]C. 
The floodant must exhibit adhesive properties sufficient to prevent 
jacket slip when tested in accordance with the requirements of appendix 
A, paragraph (III)(5), of this section.
    (3) The individual wire manufacturer must satisfy RUS that the 
flooding compound selected for use is acceptable for the application.
    (i) Shield. (1) A shield must be applied either longitudinally or 
helically over the inner jacket.
    (i) If the shield is applied longitudinally, it must be corrugated.
    (ii) If the shield is applied helically, it must be smooth.
    (2) The overlap for longitudinally applied shields must be a minimum 
of 2 mm (0.075 in.) The overlap for helically applied shields must be a 
minimum of 23 percent of the tape width.
    (3) General requirements for application of the shielding material 
are as follows:
    (i) Successive lengths of shielding tapes may be joined during the 
manufacturing process by means of cold weld, electric weld, soldering 
with a nonacid flux, or other acceptable means;
    (ii) Where two ends of a metal shield are to be joined together, 
care shall be taken to clean the metal surfaces in order to provide for 
a good mechanical and electrical connection;
    (iii) The shields of each length of wire must be tested for 
continuity. A one meter (3 ft) section of shield containing a factory 
joint must exhibit not more than 110 percent of the resistance of a 
shield of equal length without a joint;
    (iv) The breaking strength of any section of a shield tape 
containing a factory joint must not be less than 80 percent of the 
breaking strength of an adjacent section of the shield of equal length 
without a joint;
    (v) The reduction in thickness of the shielding material due to the 
corrugating or application process must be kept to a minimum and must 
not exceed 10 percent at any spot; and
    (vi) The shielding material must be applied in such a manner as to 
enable the wire to pass the bend test as specified in paragraph (n)(3) 
of this section.
    (4) The following materials are acceptable for use as wire 
shielding:

------------------------------------------------------------------------
               Standard Wire                    Gopher Resistant Wire
------------------------------------------------------------------------
Copper Alloy 220 (Bronze).................  Copper-Clad Stainless Steel
(0.1016 0.0076 mm)..  0.1270 0.0127 mm
(0.0040 0.0003 in.).  (0.0050 0.0005 in.)
 
Copper Alloy 220 (Bronze).................  Copper Alloy 664
0.1270 0.0127 mm....  0.1397 0.0127 mm
(0.0050 0.0005 in.).  (0.0055 0.0005 in.)
                                            Copper-Clad Alloy Steel
                                            0.1270 0.0127
                                            (0.0050 0.0005 in.)
------------------------------------------------------------------------

    (i) The copper-clad steels and copper alloy 664 shielding tapes must 
be capable of meeting the following performance requirements prior to 
application to the wire:

[[Page 680]]



------------------------------------------------------------------------
                 Property                            Requirement
------------------------------------------------------------------------
Tensile Strength
  Minimum, MPa (psi)......................  379 (55,000)
Tensile Yield
  Minimum, MPa (psi)......................  241 (35,000)
Elongation
  Minimum, percent in 50 mm (2 in.).......  15
------------------------------------------------------------------------

    (ii) Copper alloy 220. The shielding material, prior to application 
to the wire, must be in the fully annealed condition and shall conform 
to the requirements of ASTM B 694-86 for C22000 commercial bronze.
    (iii) Copper-clad stainless steel. In addition to meeting the 
requirements of paragraph (i)(4)(i) of this section, the shielding 
material, prior to application to the wire, must be in the fully 
annealed condition and must conform to the requirements of ASTM B 694-
86, with a cladding ratio of 16/68/16 and must have a minimum electrical 
conductivity of 28 percent IACS when measured in accordance with ASTM B 
193-87.
    (iv) Copper alloy 664. In addition to meeting the requirements of 
paragraph (i)(4)(i) of this section, the shielding material, prior to 
application to the wire, must be annealed temper and must conform to the 
requirements of ASTM B 694-86 and must have a minimum electrical 
conductivity of 28 percent IACS when measured in accordance with ASTM B 
193-87.
    (v) Copper-clad alloy steel. In addition to meeting the requirements 
of paragraph (i)(4)(i) of this section, the shielding material, prior to 
application to the wire, must be in the fully annealed condition and the 
copper component must conform to the requirements of ASTM B 224-91 and 
the alloy steel component must conform to the requirements of ASTM A 
505-87, with a cladding ratio of 16/68/16, and must have a minimum 
electrical conductivity of 28 percent IACS when measured in accordance 
with ASTM B 193-87.
    (j) Outer jacket. (1) The outer jacket must provide the wire with a 
tough, flexible, protective covering which can withstand exposure to 
sunlight, to atmospheric temperatures and stresses reasonably expected 
in normal installation and service.
    (2) The jacket must be free from holes, splits, blisters, or other 
imperfections and must be as smooth and concentric as is consistent with 
the best commercial practice.
    (3) The raw material used for the outer jacket must be one of the 
five types listed in paragraphs (j)(3)(i) through (j)(3)(v) of this 
section. The raw material must contain an antioxidant to provide long 
term stabilization and the materials must contain a 2.60 0.25 percent concentration of furnace black to provide 
ultraviolet shielding. Both the antioxidant and furnace black must be 
compounded into the material by the raw material supplier.
    (i) Low density, high molecular weight polyethylene (LDHMW) must 
conform to the requirements of ASTM D 1248-84(1989), Type I, Class C, 
Category 4 or 5, Grade J3.
    (ii) Low density, high molecular weight ethylene copolymer (LDHMW) 
must conform to the requirements of ASTM D 1248-84 (1989), Type I, Class 
C, Category 4 or 5, Grade J3.
    (iii) Linear low density, high molecular weight polyethylene 
(LLDHMW) must conform to the requirements of ASTM D 1248-84(1989), Type 
I, Class C, Category 4 or 5, Grade J3.
    (iv) High density polyethylene (HD) must conform to the requirements 
of ASTM D 1248-84(1989), Type III, Class C, Category 4 or 5, Grade J4.
    (v) Medium density polyethylene (MD) must conform to the 
requirements of ASTM D 1248-84(1989), Type II, Class C, Category 4 or 5, 
Grade J4.
    (vi) Particle size of the carbon selected for use must not average 
greater than 20 nanometers.
    (vii) Absorption coefficient must be a minimum of 400 in accordance 
with the procedures of ASTM D 3349-86.
    (4) The outer jacketing material removed from or tested on the wire 
must be capable of meeting the following performance requirements:

[[Page 681]]



----------------------------------------------------------------------------------------------------------------
                                                                      LLDHMW,
                            Property                                 Ethylene          LDHMW         HD or MD
                                                                     Copolymer     Polyethylene    Polyethylene
----------------------------------------------------------------------------------------------------------------
Melt Flow Rate Percent increase from raw material Maximum.......  ..............              50              50
<0.41 (Initial Melt Index)......................................             100              --              --
0.41-2.00 (Initial Melt Index)..................................              50              --              --
Tensile Strength Minimum, MPa (psi).............................    12.0 (1,700)    12.0 (1,700)    16.5 (2,400)
Ultimate Elongation Percent, Minimum............................             400             400             300
Shrinkback Percent of Length, Maximum...........................               5               5               5
Impact Failures, Maximum........................................            2/10            2/10            2/10
----------------------------------------------------------------------------------------------------------------

    (5) Testing procedures. The procedures for testing the jacket 
samples for compliance with paragraph (j)(4) of this section must be as 
follows:
    (i) Melt flow rate. The melt flow rate must be as determined by ASTM 
D 1238-90b, Condition E. Jacketing material must be free from flooding 
and filling compound.
    (ii) Tensile strength and ultimate elongation. Test in accordance 
with ASTM D 4565-90a, using a jaw separation speed of 500 mm/min (20 
in./min) for low density material and 50 mm/min (2 in./min) for high and 
medium density materials.
    (iii) Shrinkback. Test in accordance with the procedures specified 
in ASTM D 4565-90a using a test temperature of 100 1 [deg]C for low density material and a test temperature 
of 115 1 [deg]C for high and medium density 
materials.
    (iv) Impact. The test must be performed in accordance with ASTM D 
4565-90a using an impact force of 4 newton-meter (3 pound force-foot) at 
a temperature of -20 2 [deg]C. The cylinder must 
strike the sample at the shield overlap. A crack or split in the jacket 
constitutes failure.
    (6) Jacket thickness. The minimum jacket thickness must be 0.64 mm 
(0.025 in.) except that the minimum thickness over the sheath slitting 
cord, if present, must be 0.46 mm (0.018 in.). The minimum point must be 
determined by exploratory measurements. The average thickness at any 
cross section must be determined from four readings including the 
minimum point, taken approximately 90 [deg]apart. The thickness 
measurement must exclude any jacket material that has formed into the 
corrugation. The maximum thickness at any cross section must not be 
greater than 155 percent of the minimum thickness.
    (7) Eccentricity. The eccentricity of the jacket must not exceed 43 
percent when calculated using the formula as follows:
[GRAPHIC] [TIFF OMITTED] TC14NO91.092

    (k) Sheath slitting cord (optional). (1) Sheath slitting cords may 
be used in the wire structure at the option of the manufacturer.
    (2) When a sheath slitting cord is used it must be nonhygroscopic 
and nonwicking, continuous throughout a length of wire, and of 
sufficient strength to open the sheath without breaking the cord.
    (3) Sheath slitting cords must be capable of consistently slitting 
the jacket(s) and/or shield for a continuous length of 0.6 m (2 ft) when 
tested in accordance with the procedure specified in appendix B of this 
section.
    (l) Identification marker and length marker. (1) Each length of wire 
must be permanently identified as to manufacturer and year of 
manufacture.
    (2) The number of conductor pairs and their gauge size must be 
marked on the jacket.
    (3) The marking must be printed on the jacket at regular intervals 
of not more than 1.5 m (5 ft).
    (4) An alternative method of marking may be used if accepted by RUS 
prior to its use.
    (5) The completed wire must have sequentially numbered length 
markers in FEET OR METERS at regular intervals of not more than 1.5 m (5 
ft) along the outside of the jacket.
    (6) The method of length marking must be such that for any single 
length

[[Page 682]]

of wire, continuous sequential numbering must be employed.
    (7) The numbers must be dimensioned and spaced to produce good 
legibility and must be approximately 3 mm (0.125 in.) in height. An 
occasional illegible marking is permissible if there is a legible 
marking located not more than 1.5 m (5 ft) from it.
    (8) The method of marking must be by means of suitable surface 
markings producing a clear, distinguishable, contrasting marking 
acceptable to RUS. Where direct or transverse printing is employed, the 
characters should be indented to produce greater durability of marking. 
Any other method of length marking must be acceptable to RUS as 
producing a marker suitable for the field. Size, shape and spacing of 
numbers, durability, and overall legibility of the marker will be 
considered in acceptance of the method.
    (9) The accuracy of the length marking must be such that the actual 
length of any wire section is never less than the length indicated by 
the marking and never more than one percent greater than the length 
indicated by the marking.
    (10) The color of the initial marking must be white or silver. If 
the initial marking fails to meet the requirements of the preceding 
paragraphs, it will be permissible to either remove the defective 
marking and re-mark with the white or silver color or leave the 
defective marking on the wire and re-mark with yellow. No further re-
marking is permitted. Any re-marking must be on a different portion of 
the wire circumference than any existing marking when possible and have 
a numbering sequence differing from any other existing marking by at 
least 5,000.
    (11) Any reel of wire which contains more than one set of sequential 
markings must be labeled to indicate the color and sequence of marking 
to be used. The labeling must be applied to the reel and also to the 
wire.
    (m) Electrical requirements--(1) Mutual capacitance and conductance. 
(i) The average mutual capacitance (corrected for length) of all pairs 
in any reel must not exceed 52 4 nanofarad/ 
kilometer (nF/km) (83 7 nanofarad/mile (nF/mile)) 
when tested in accordance with ASTM D 4566-90 at a frequency of 1.0 
0.1 kilohertz (kHz) and a temperature of 23 3 [deg]C.
    (ii) The mutual conductance (corrected for length and gauge) of any 
pair must not exceed 2 micromhos/kilometer (micromhos/km) (3.3 
micromhos/mile) when tested in accordance with ASTM D 4566-90 at a 
frequency of 1.0 0.1 kHz and a temperature of 23 
3 [deg]C.
    (2) Pair-to-pair capacitance unbalance. The capacitance unbalance 
between any pair of the completed wire must not exceed 145 picofarad/
kilometer (pF/km) (80 picofarad/1000 ft (pF/1000 ft)) when tested in 
accordance with ASTM D 4566-90 at a frequency of 1.0 0.1 kHz and a temperature of 23 3 
[deg]C.
    (3) Pair-to-ground capacitance unbalance--(i) Pair-to-ground. The 
capacitance unbalance as measured on the individual pairs of the 
completed wire must not exceed 2625 pF/km (800 pF/1000 ft) when tested 
in accordance with ASTM D 4566-90 at a frequency of 1.0 0.1 kHz and a temperature of 23 3 
[deg]C.
    (ii) When measuring pair-to-ground capacitance unbalance, all pairs, 
except the pair under test, are grounded to the shield.
    (iii) Pair-to-ground capacitance unbalance may vary directly with 
the length of the wire.
    (4) Far-end crosstalk loss. (i) The output-to-outputfar-end 
crosstalk loss (FEXT) between any pair combination of a completed wire 
when measured in accordance with ASTM D 4566-90 at a test frequency of 
150 kHz must not be less than 58 decibel/ kilometer (dB/km) (63 decibel/
1000 ft). If the loss Ko at a frequency Fo for 
length Lo is known, then Kx can be determined for 
any other frequency Fx or length Lx by:
[GRAPHIC] [TIFF OMITTED] TR19NO93.004

    (5) Attenuation. The attenuation of any individual pair on any reel 
of wire must not exceed the following limits when measured at or 
corrected to a temperature of 20 1 [deg]C and a 
test frequency of 150 kHz. The test must be conducted in accordance with 
ASTM D 4566-90.

[[Page 683]]



------------------------------------------------------------------------
                                       Individual Pair Attenuation dB/km
                                           (decibel/mile (dB/mile))
            Conductor AWG            -----------------------------------
                                           Maximum           Minimum
------------------------------------------------------------------------
22                                    6.8 (11.0)        5.0 (8.1)
24                                    8.7 (14.0)        6.6 (10.7)
------------------------------------------------------------------------

    (6) Insulation resistance. Each insulated conductor in each length 
of completed wire, when measured with all other insulated conductors and 
the shield grounded, must have an insulation resistance of not less than 
1600 megohm-kilometer (1000 megohm-mile) at 20 1 
[deg]C. The measurement must be made in accordance with the procedures 
of ASTM D 4566-90.
    (7) High voltage test. (i) In each length of completed wire, the 
insulation between conductors when tested in accordance with ASTM D 
4566-90 must withstand for 3 seconds a direct current (dc) potential 
whose value is not less than:
    (A) 5.0 kilovolts for 22-gauge conductors; and
    (B) 4.0 kilovolts for 24-gauge conductors.
    (ii) In each length of completed wire, the dielectric strength 
between the shield and all conductors in the core must be tested in 
accordance with ASTM D 4566-90 and must withstand, for 3 seconds, a dc 
potential whose value is not less than 20 kilovolts.
    (8) Conductor resistance. The dc resistance of any conductor must be 
measured in the completed wire in accordance with ASTM D 4566-90 and 
must not exceed the following values when measured at or corrected to a 
temperature of 20 1 [deg]C.

------------------------------------------------------------------------
                                               Maximum Resistance
                 AWG                  ----------------------------------
                                         ohms/kilometer   (ohms/1000 ft)
------------------------------------------------------------------------
22                                     57.1               (17.4)
24                                     90.2               (27.5)
------------------------------------------------------------------------

    (9) Resistance unbalance. (i) The difference in dc resistance 
between the two conductors of any pair in the completed wire must not 
exceed 5.0 percent when measured in accordance with the procedures of 
ASTM D 4566-90.
    (ii) The resistance unbalance between tip and ring conductors shall 
be random with respect to the direction of unbalance. That is, the 
resistance of the tip conductors shall not be consistently higher with 
respect to the ring conductors and vice versa.
    (n) Mechanical requirements--(1) Defective wire. Pairs in each 
length of wire will not be permitted to have either a ground, cross, 
short or open circuit condition.
    (2) Wire breaking strength. The breaking strength of the completed 
wire must not be less than 890 newtons (200 pound-force) when tested in 
accordance with ASTM D 4565-90a using a jaw separation speed of 25 mm/
min (1.0 in./min).
    (3) Wire bending test. The completed wire must be capable of meeting 
the requirements of ASTM D 4565-90a after conditioning at -20 2 [deg]C and at 23 2 [deg]C.
    (4) Water penetration test. (i) A one meter (3 ft) length of 
completed wire must be stabilized at 23 2 [deg]C 
and tested in accordance with ASTM D 4565-90a using a one meter (3 ft) 
water head over the sample or placed under the equivalent continuous 
pressure for one hour.
    (ii) After the one hour period, there must be no water leakage in 
the sheath interfaces, under the core wrap or between any insulated 
conductors in the core.
    (iii) If water leakage is detected in the first sample, one 3 m (10 
ft) additional adjacent sample from the same reel of wire must be tested 
in accordance with paragraph (n)(4)(ii) of this section. If the second 
sample exhibits water leakage, the entire reel of wire is to be 
rejected. If the second sample exhibits no leakage, the entire reel of 
wire is considered acceptable.
    (5) Compound flow test. The completed wire must be capable of 
meeting the compound flow test specified in ASTM D 4565-90a when exposed 
for a period of 24 hours at a temperature of 80 1 
[deg]C. At the end of this test period, there must be no evidence of 
flowing or dripping of compound from either the core or sheath 
interfaces.
    (o) Acceptance testing and extent of testing. (1) The tests 
described in appendix A of this section are intended for acceptance of 
wire designs and major modifications of accepted designs. RUS decides 
what constitutes a major modification. These tests are intended to show 
the inherent capability of the

[[Page 684]]

manufacturer to produce wire products having long life and stability.
    (2) For initial acceptance, the manufacturer must submit:
    (i) An original signature certification that the product fully 
complies with each requirement of this section;
    (ii) Qualification Test Data, per appendix A of this section;
    (iii) To periodic plant inspections;
    (iv) A certification that the product does or does not comply with 
the domestic origin manufacturing provisions of the ``Buy American'' 
requirements of the Rural Electrification Act of 1938 (7 U.S.C. 901 et 
seq.);
    (v) Written user testimonials concerning performance of the product; 
and
    (vi) Other nonproprietary data deemed necessary by the Chief, 
Outside Plant Branch (Telephone).
    (3) For requalification acceptance, the manufacturer must submit an 
original signature certification that the product fully complies with 
each section of the specification, excluding the Qualification Section, 
and a certification that the product does or does not comply with the 
domestic origin manufacturing provisions of the ``Buy American'' 
requirements of the Rural Electrification Act of 1938 (7 U.S.C. 901 et 
seq.) for acceptance by June 30 every three years. The required data and 
certification must have been gathered within 90 days of the submission.
    (4) Initial and requalification acceptance requests should be 
addressed to: Chairman, Technical Standards, Committee ``A'' 
(Telephone), Telecommunications Standards Division, Rural Utilities 
Service, Washington, DC 20250-1500.
    (5) Tests on 100 percent of completed wire. (i) The shield of each 
length of wire must be tested for continuity using the procedures of 
ASTM D 4566-90.
    (ii) Dielectric strength between all conductors and the shield must 
be tested to determine freedom from grounds in accordance with paragraph 
(m)(7)(ii) of this section.
    (iii) Each conductor in the completed wire must be tested for 
continuity using the procedures of ASTM D 4566-90.
    (iv) Dielectric strength between conductors must be tested to ensure 
freedom from shorts and crosses in accordance with paragraph (m)(7)(i) 
of this section.
    (v) The average mutual capacitance must be measured on all wires.
    (6) Capability tests. Tests on a quality assurance basis must be 
made as frequently as is required for each manufacturer to determine and 
maintain compliance with:
    (i) Performance requirements for conductor insulation and jacket 
material;
    (ii) Performance requirements for filling and flooding compounds;
    (iii) Sequential marking and lettering;
    (iv) Capacitance unbalance and crosstalk;
    (v) Insulation resistance;
    (vi) Conductor resistance and resistance unbalance;
    (vii) Wire bending and wire breaking strength tests;
    (viii) Mutual conductance and attenuation; and
    (ix) Water penetration and compound flow tests.
    (p) Summary of records of electrical and physical tests. (1) Each 
manufacturer must maintain suitable summary of records for a period of 
at least 3 years for all electrical and physical tests required on 
completed wire by this section as set forth in paragraphs (o)(5) and 
(o)(6) of this section. The test data for a particular reel shall be in 
a form that it may be readily available to the purchaser or to RUS upon 
request.
    (2) Measurements and computed values must be rounded off to the 
number of places of figures specified for the requirement according to 
ASTM E 29-90.
    (q) Manufacturing irregularities. (1) Repairs to the inner jacket 
and shield are not permitted in wire supplied to the end user under this 
section.
    (2) Minor defects in the outer jackets (defects having a dimension 
of 3 mm (0.125 in.) or less in any direction) may be repaired by means 
of heat fusing in accordance with good commercial practices utilizing 
sheath grade compound.
    (r) Preparation for shipment. (1) The wire must be shipped on reels. 
The diameter of the drum must be large enough to prevent damage to the 
wire

[[Page 685]]

from reeling or unreeling. The reels must be substantial and so 
constructed as to prevent damage to the wire during shipment and 
handling.
    (2) The thermal wrap must comply with the requirements of appendix C 
of this section. When a thermal reel wrap is supplied, the wrap must be 
applied to the reel and must be suitably secured in place to minimize 
thermal exposure to the wire during storage and shipment. The use of the 
thermal reel wrap as a means of reel protection will be at the option of 
the manufacturer unless specified by the end user.
    (3) The outer end of the wire must be securely fastened to the reel 
head so as to prevent the wire from becoming loose in transit. The inner 
end of the wire must be securely fastened in such a way as to make it 
readily available if required for electrical testing. Spikes, staples, 
or other fastening devices which penetrate the wire jacket must not be 
used. The method of fastening the wire ends must be accepted by RUS 
prior to it being used.
    (4) Each length of wire must be wound on a separate reel unless 
otherwise specified or agreed to by the purchaser.
    (5) Each reel must be plainly marked to indicate the direction in 
which it should be rolled to prevent loosening of the wire on the reel.
    (6) Each reel must be stenciled or labeled on either one or both 
sides with the name of the manufacturer, year of manufacture, actual 
shipping length, an inner and outer end sequential length marking, 
description of the wire, reel number and the RUS wire designation:

Wire Designation

BFW
Wire Construction
Pair Count
Conductor Gauge

N = Copper Alloy 220 (Bronze) Shield
Y = Gopher Resistant Shields

Example: BFWY 3-24

Buried Filled Wire, Gopher Resistant Shield, 3 pair, 24 AWG

    (7) Both ends of the filled buried wire, manufactured to the 
requirements of this section, must be equipped with end caps which are 
acceptable to RUS.

(The information and recordkeeping requirements of this section have 
been approved by the Office of Management and Budget under the control 
number 0572-0059)

        Appendix A to Sec.  1755.860--Qualification Test Methods

    (I) The test procedures described in this appendix are for 
qualification of initial designs and major modifications of accepted 
designs. Included in (V) of this appendix are suggested formats that may 
be used in submitting test results to RUS.
    (II) Sample Selection and Preparation. (1) All testing must be 
performed on lengths removed sequentially from the same 3 pair, 22 gauge 
jacketed wire. This wire must not have been exposed to temperatures in 
excess of 38 [deg]C since its initial cool down after sheathing. The 
lengths specified are minimum lengths and if desirable from a laboratory 
testing standpoint longer lengths may be used.
    (a) Length A shall be 10 0.2 meters (33 0.5 feet) long and must be maintained at 23 3 [deg]C. One length is required.
    (b) Length B shall be 12 0.2 meters (40 0.5 feet) long. Prepare the test sample by removing the 
inner and outer jacket, shield, and core wrap, if present, for a 
sufficient distance on both ends to allow the insulated conductors to be 
flared out. Remove sufficient conductor insulation so that appropriate 
electrical test connections can be made at both ends. Coil the specimen 
with a diameter of 15 to 20 times its sheath diameter. Three lengths are 
required.
    (c) Length C shall be one meter (3 feet) long. Four lengths are 
required.
    (d) Length D shall be 300 millimeters (1 foot) long. Four lengths 
are required.
    (e) Length E shall be 600 millimeters (2 feet) long. Four lengths 
are required.
    (f) Length F shall be 3 meters (10 feet) long and must be maintained 
at 23 3 [deg]C for the duration of the test. Two 
lengths are required.
    (2) Data Reference Temperature. Unless otherwise specified, all 
measurements shall be made at 23 3 [deg]C.
    (III) Environmental Tests--(1) Heat Aging Test--(a) Test Samples. 
Place one sample each of lengths B, C, D, and E in an oven or 
environmental chamber. The ends of sample B must exit from the chamber 
or oven for electrical tests. Securely seal the oven exit holes.
    (b) Sequence of Tests. After conditioning the samples are to be 
subjected to the following tests:
    (i) Water Immersion Test outlined in (III)(2) of this appendix;
    (ii) Water Penetration Test outlined in (III)(3) of this appendix; .

[[Page 686]]

    (iii) Insulation Compression Test outlined in (III)(4) of this 
appendix; and
    (iv) Jacket Slip Strength Test outlined in (III)(5) of this 
appendix.
    (c) Initial Measurements. (i) For sample B, measure the open circuit 
capacitance and conductance for each pair at 1 and 150 kilohertz and the 
attenuation at 150 kilohertz after conditioning the sample at the data 
reference temperature for 24 hours. Calculate the average and standard 
deviation for the data of the 3 pairs on a per kilometer (per mile) 
basis.
    (ii) The attenuation at 150 kilohertz may be calculated from open 
circuit admittance (Yoc) and short circuit impedance (Zsc) or may be 
obtained by direct measurement of attenuation.
    (iii) Record on suggested formats attached in (V) of this appendix 
or on other easily readable formats.
    (d) Heat Conditioning. (i) Immediately after completing the initial 
measurements, condition the sample for 14 days at a temperature of 65 
2 [deg]C.
    (ii) At the end of this period note any exudation of filling 
compound. Measure and calculate the parameters given in (III)(1)(c) of 
this appendix. Record on suggested formats attached in (V) of this 
appendix or on other easily readable formats.
    (iii) Cut away and discard a one meter (3 foot) section from each 
end of length B.
    (e) Overall Electrical Deviation. (i) Calculate the percent change 
in all average parameters between the final parameters after 
conditioning with the initial parameters in (III)(1)(c) of this 
appendix.
    (ii) The stability of the electrical parameters after completion of 
this test must be within the following prescribed limits:
    (A) Capacitance. The average mutual capacitance must be within 5 
percent of its original value;
    (B) The change in average mutual capacitance must be less than 5 
percent over the frequency range of 1 to 150 kilohertz;
    (C) Conductance. The average mutual conductance must not exceed 2 
micromhos/kilometer (3.3 micromhos/mile) at a frequency of 1 kilohertz; 
and
    (D) Attenuation. The attenuation must not have increased by more 
than 5 percent over its original value.
    (2) Water Immersion Electrical Test--(a) Test Sample Selection. The 
10 meter (33 foot) section of length B must be tested.
    (b) Test Sample Preparation. Prepare the sample by removing the 
inner and outer jacket, shield, and core wrap, if present, for a 
sufficient distance to allow one end to be accessed for test 
connections. Cut out a series of 2.5 millimeter by 13 millimeter (0.1 
inch by 0.5 inch) rectangular slots along the test sample, at 300 
millimeter (1 foot) intervals progressing successively 90 degrees around 
the circumference of the wire. Assure that the wire core is exposed at 
each slot by slitting the inner jacket and core wrap if present. Place 
the prepared sample in a dry vessel which when filled will maintain a 
one meter (3 foot) head of water over 6 meters (20 feet) of uncoiled 
wire. Extend and fasten the ends of the wire so they will be above the 
water line and the pairs are rigidly held for the duration of the test.
    (c) Capacitance and Conductance Testing. Measure the initial values 
of mutual capacitance and conductance of all pairs in each wire at a 
frequency of 1 kilohertz before filling the vessel with water. Be sure 
the wire shield is grounded to the test equipment. Fill the vessel until 
there is a one meter (3 foot) head of water on the wires.
    (i) Remeasure the mutual capacitance and conductance after the wires 
have been submerged for 24 hours and again after 30 days.
    (ii) Record each sample separately on the suggested formats attached 
in (V) of this appendix or on other easily readable formats.
    (d) Overall Electrical Deviation. (i) Calculate the percent change 
in all average parameters between the final parameters after 
conditioning with the initial parameters in (III)(2)(c) of this 
appendix.
    (ii) The stability of the electrical parameters after of the test 
must be within the following prescribed limits:
    (A) Capacitance. The average mutual capacitance must be within 5 
percent of its original value; and
    (B) Conductance. The average mutual conductance must not exceed 2 
micromhos/kilometer (3.3 micromhos/mile) at a frequency of 1 kilohertz.
    (3) Water Penetration Testing. (a) A watertight closure must be 
placed over the jacket of length C. The closure must not be placed over 
the jacket so tightly that the flow of water through preexisting voids 
or air spaces is restricted. The other end of the sample must remain 
open.
    (b) Test per Option A or Option B. (i) Option A. Weigh the sample 
and closure prior to testing. Fill the closure with water and place 
under a continuous pressure of 10 0.7 kilopascals 
(1.5 0.1 pounds per square inch gauge) for one 
hour. Collect the water leakage from the end of the test sample during 
the test and weigh to the nearest 0.1 gram. Immediately after the one 
hour test, seal the ends of the wire with a thin layer of grease and 
remove all visible water from the closure, being careful not to remove 
water that penetrated into the core during the test. Reweigh the sample 
and determine the weight of water that penetrated into the core. The 
weight of water that penetrated into the core must not exceed 1 gram.
    (ii) Option B. Fill the closure with a 0.2 gram sodium fluorscein 
per liter water solution and apply a continuous pressure of 10 0.7 kilopascals (1.5 0.1 pounds 
per square inch gauge) for one hour. Catch and weigh

[[Page 687]]

any water that leaks from the end of the wire during the one hour 
period. If no water leaks from the sample, carefully remove the water 
from the closure. Then carefully remove the outer jacket, shield, inner 
jacket and core wrap, if present, one at a time, examining with an 
ultraviolet light source for water penetration. After removal of the 
inner jacket and core wrap, if present, carefully dissect the core and 
examine for water penetration within the core. Where water penetration 
is observed, measure the penetration distance. The distance of water 
penetration into the core must not exceed 127 millimeters (5.0 inches).
    (4) Insulation Compression Test. (a) Test Sample D. Remove inner and 
outer jacket, shield, and core wrap, if present, being careful not to 
damage the conductor insulation. Remove one pair from the core and 
carefully separate, wipe off core filler and straighten the insulated 
conductors. Retwist the two insulated conductors together under 
sufficient tension to form 10 evenly spaced 360 degree twists in a 
length of 100 millimeters (4 inches).
    (b) Sample Testing. Center the mid 50 millimeters (2 inches) of the 
twisted pair between two smooth rigid parallel metal plates measuring 50 
millimeters (2 inches) in length or diameter. Apply a 1.5 volt direct 
current potential between the conductors, using a light or buzzer to 
indicate electrical contact between the conductors. Apply a constant 
load of 67 newtons (15 pound-force) on the sample for one minute and 
monitor for evidence of contact between the conductors. Record results 
on suggested formats attached in (V) of this appendix or on other easily 
readable formats.
    (5) Jacket Slip Strength Test--(a) Sample Selection. Test sample E 
from (III)(1)(a) of this appendix.
    (b) Sample Preparation. Prepare test sample in accordance with the 
procedures specified in ASTM D 4565-90a.
    (c) Sample Conditioning and Testing. Remove the sample from the 
tensile tester prior to testing and condition for one hour at 50 2 [deg]C. Test immediately in accordance with the 
procedure specified in ASTM D 4565-90a. A minimum outer jacket slip 
strength of 67 newtons (15 pound-force) is required. Record the load 
attained.
    (6) Humidity Exposure. (a) Repeat steps (III)(1)(a) through 
(III)(1)(c)(iii) of this appendix for separate set of samples B, C, D 
and E which have not been subjected to prior environmental conditioning.
    (b) Immediately after completing the measurements, expose the test 
sample to 100 temperature cyclings. Relative humidity within the chamber 
must be maintained at 90 2 percent. One cycle 
consists of beginning at a stabilized chamber and test sample 
temperature of 52 1 [deg]C, increasing the 
temperature to 57 1 [deg]C, allowing the chamber 
and test samples to stabilize at this level, then dropping the 
temperature back to 52 1 [deg]C.
    (c) Repeat steps (III)(1)(d)(ii) through (III)(5)(c) of this 
appendix.
    (7) Temperature Cycling. (a) Repeat steps (III)(1)(a) through 
(III)(1)(c)(iii) of this appendix for separate set of samples B, C, D 
and E which have not been subjected to prior environmental conditioning.
    (b) Immediately after completing the measurements, subject the test 
sample to 10 cycles of temperature between -40 [deg]C and + 60 [deg]C. 
The test sample must be held at each temperature extreme for a minimum 
of 1\1/2\ hours during each cycle of temperature. The air within the 
temperature cycling chamber must be circulated throughout the duration 
of the cycling.
    (c) Repeat steps (III)(1)(d)(ii) through (III)(5)(c) of this 
appendix.
    (IV) Control Sample--(1) Test Samples. A separate set of lengths for 
samples A, C, D, and E must have been maintained at 23 3 [deg]C for at least 48 hours before the testing.
    (2) Repeat steps (III)(2) through (III)(5)(c) of this appendix 
except use length A instead of length B.
    (3) Surge Test. (a) One length of sample F must be used to measure 
the breakdown between conductors while the other length of F must be 
used to measure core to shield breakdown.
    (b) The samples must be capable of withstanding, without damage, a 
single surge voltage of 20 kilovolts peak between conductors, and 35 
kilovolts peak between conductors and the shield as hereinafter 
described. The surge voltage must be developed from a capacitor 
discharge through a forming resistor connected in parallel with the 
dielectric of the test sample. The surge generator constants must be 
such as to produce a surge of 1.5 x 40 microseconds wave shape.
    (c) The shape of the generated wave must be determined at a reduced 
voltage by connecting an oscilloscope across the forming resistor with 
the wire sample connected in parallel with the forming resistor. The 
capacitor bank is charged to the test voltage and then discharged 
through the forming resistor and test sample. The test sample will be 
considered to have passed the test if there is no distinct change in the 
wave shape obtained with the initial reduced voltage compared to that 
obtained after the application of the test voltage.
    (V) The following suggested formats may be used in submitting the 
test results to RUS:

[[Page 688]]



                                    Environmental Conditioning ______________
                                              FREQUENCY 1 kilohertz
----------------------------------------------------------------------------------------------------------------
                                                  CAPACITANCE                           CONDUCTANCE
                                    ----------------------------------------------------------------------------
            PAIR NUMBER                    nF/km            (nF/mile)         micromhos/km     (micromhos/mile)
                                    ----------------------------------------------------------------------------
                                          Initial             Final             Initial              Final
----------------------------------------------------------------------------------------------------------------
1                                    ________           ________           ________           ________
2                                    ________           ________           ________           ________
3                                    ________           ________           ________           ________
Average x                            ________           ________           ________           ________
----------------------------------------------------------------------------------------------------------------
Overall Percent Difference in Average x Capacitance:____________________________ Conductance:
  ____________________________


                               Environmental Conditioning ________________________
                                             FREQUENCY 150 kilohertz
----------------------------------------------------------------------------------------------------------------
                                        CAPACITANCE                 CONDUCTANCE                 ATTENUATION
                                --------------------------------------------------------------------------------
                                    nF/km      (nF/mile)    micromhos/km    (micromhos/      dB/km     (dB/mile)
          PAIR NUMBER           -----------------------------------------      mile)     -----------------------
                                                                         ----------------
                                   Initial       Final        Initial          Final        Initial      Final
----------------------------------------------------------------------------------------------------------------
1                                ______       ______       ______         ______          ______      ______
2                                ______       ______       ______         ______          ______      ______
3                                ______       ______       ______         ______          ______      ______
 
Average x                        ______       ______       ______         ______          ______      ______
----------------------------------------------------------------------------------------------------------------
Overall Percent Difference in Average x Capacitance:______________________ Conductance: ______________________
  Attenuation:______________________


                            Environmental Conditioning ______________________________
                                       WATER IMMERSION TEST (1 kilohertz)
----------------------------------------------------------------------------------------------------------------
                                               CAPACITANCE                             CONDUCTANCE
                                 -------------------------------------------------------------------------------
           PAIR NUMBER               nF/km             (nF/mile)          micromhos/km      (micromhos/mile)
                                 -------------------------------------------------------------------------------
                                    Initial      24 hours      Final        Initial       24 hours      Final
----------------------------------------------------------------------------------------------------------------
1                                 ______       ______       ______       ______         ______       ______
2                                 ______       ______       ______       ______         ______       ______
3                                 ______       ______       ______       ______         ______       ______
Average x                         ______       ______       ______       ______         ______       ______
----------------------------------------------------------------------------------------------------------------
Overall Percent Difference in Average x Capacitance:____________________________ Conductance:
  ____________________________


                                             Water Penetration Test
----------------------------------------------------------------------------------------------------------------
                                                  Option A                                Option B
                                  ------------------------------------------------------------------------------
                                                                                                 Penetration mm
                                    End Leakage grams   Weight Gain grams   End Leakage grams        (in.)
----------------------------------------------------------------------------------------------------------------
Control..........................  __________          __________          __________          __________
Heat Age.........................  __________          __________          __________          __________
Humidity Exposure................  __________          __________          __________          __________
Temperature Cycling..............  __________          __________          __________          __________
----------------------------------------------------------------------------------------------------------------


[[Page 689]]


                         Insulation Compression
------------------------------------------------------------------------
                                                      Failures
------------------------------------------------------------------------
Control...................................  ________________
Heat Age..................................  ________________
Humidity Exposure.........................  ________________
Temperature Cycling.......................  ________________
------------------------------------------------------------------------


                    Jacket Slip Strength @ 50 [deg]C
------------------------------------------------------------------------
                                               Load in newtons (pound-
                                                       force)
------------------------------------------------------------------------
Control...................................  ________________
Heat Age..................................  ________________
Humidity Exposure.........................  ________________
Temperature Cycling.......................  ________________
------------------------------------------------------------------------


                        Filler Exudation (grams)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Heat Age..................................  ________________
Humidity Exposure.........................  ________________
Temperature Cycle.........................  ________________
------------------------------------------------------------------------


                         Surge Test (kilovolts)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Conductor to Conductor....................  ________________
Shield to Conductors......................  ________________
------------------------------------------------------------------------

    Appendix B to Sec.  1755.860--Sheath Slitting Cord Qualification

    (I) The test procedures described in this appendix are for 
qualification of initial and subsequent changes in sheath slitting 
cords.
    (II) Sample Selection. All testing must be performed on two 1.2 
meters (4 feet) lengths of wire removed sequentially from the same 3 
pair, 22 gauge jacketed wire. This wire must not have been exposed to 
temperatures in excess of 38 [deg]C since its initial cool down after 
sheathing.
    (III) Test Procedure. (1) Using a suitable tool, expose enough of 
sheath slitting cord to permit grasping with needle nose pliers.
    (2) The prepared test specimens must be maintained at a temperature 
of 23 1 [deg]C for at least 4 hours immediately 
prior to and during the test.
    (3) Wrap the sheath slitting cord around the plier jaws to ensure a 
good grip.
    (4) Grasp and hold the wire in a convenient position while gently 
and firmly pulling the sheath slitting cord longitudinally in the 
direction away from the wire end. The angle of pull may vary to any 
convenient and functional degree. A small starting notch is permissible.
    (5) The sheath slitting cord is considered acceptable if the cord 
can slit the jacket and/or shield for a continuous length of 0.6 meter 
(2 feet) without breaking the cord.

      Appendix C to Sec.  1755.860--Thermal Reel Wrap Qualification

    (I) The test procedures described in this appendix are for 
qualification of initial and subsequent changes in thermal reel wraps.
    (II) Sample Selection. All testing must be performed on two 450 
millimeter (18 inch) lengths of wire removed sequentially from the same 
3 pair, 22 gauge jacketed wire. This wire must not have been exposed to 
temperatures in excess of 38 [deg]C since its initial cool down after 
sheathing.
    (III) Test Procedure. (1) Place the two samples on an insulating 
material such as wood, etc.
    (2) Tape thermocouples to the jackets of each sample to measure the 
jacket temperature.
    (3) Cover one sample with the thermal reel wrap.
    (4) Expose the samples to a radiant heat source capable of heating 
the uncovered jacket sample to a minimum of 71 [deg]C. A 600 watt 
photoflood lamp or an equivalent lamp having the light spectrum 
approximately that of the sun shall be used.
    (5) The height of the lamp above the jacket shall be 380 millimeters 
(15 inches) or a height that produces the 71 [deg]C jacket temperature 
on the unwrapped sample.
    (6) After the samples have stabilized at the temperature, the jacket 
temperatures of the samples must be recorded after one hour of exposure 
to the heat source.
    (7) Compute the temperature difference between the jackets.
    (8) For the thermal reel wrap to be acceptable to RUS, the 
temperature differences between the jacket with the thermal reel wrap 
and the jacket without the reel wrap must be greater than or equal to 17 
[deg]C.

[58 FR 61004, Nov. 19, 1993, as amended at 60 FR 1711, Jan. 5, 1995; 69 
FR 18803, Apr. 9, 2004]



Sec. Sec.  1755.861-1755.869  [Reserved]



Sec.  1755.870  RUS specification for terminating cables.

    (a) Scope. (1) This section establishes the requirements for 
terminating cables used to connect incoming outside plant cables to the 
vertical side of the main distributing frame in a telephone central 
office.
    (i) The conductors are solid tinned copper, individually insulated 
with extruded solid dual insulating compounds.
    (ii) The insulated conductors are twisted into pairs which are then

[[Page 690]]

stranded or oscillated to form a cylindrical core.
    (iii) The cable structure is completed by the application of a core 
wrap, a shield, and a polyvinyl chloride jacket.
    (2) The number of pairs and gauge size of conductors which are used 
within the RUS program are provided in the following table:

------------------------------------------------------------------------
                 American Wire Gauge (AWG)                    22     24
------------------------------------------------------------------------
Number of Pairs...........................................     12     12
                                                               50     50
                                                              100    100
                                                              200    200
                                                              300    300
                                                              400    400
                                                              600    600
                                                              800   800
------------------------------------------------------------------------
Note: Cables larger in pair sizes from those shown in this table shall
  meet all the requirements of this section.

    (3) All cables sold to RUS borrowers for projects involving RUS loan 
funds under this section must be accepted by RUS Technical Standards 
Committee ``A'' (Telephone). For cables manufactured to the 
specification of this section, all design changes to an accepted design 
must be submitted for acceptance. RUS will be the sole authority on what 
constitutes a design change.
    (4) Materials, manufacturing techniques, or cable designs not 
specifically addressed by this section may be allowed if accepted by 
RUS. Justification for acceptance of modified materials, manufacturing 
techniques, or cable designs shall be provided to substantiate product 
utility and long term stability and endurance.
    (5) The American National Standard Institute/Electronic Industries 
Association (ANSI/EIA) 359-A-84, EIA Standard Colors for Color 
Identification and Coding, referenced in this section is incorporated by 
reference by RUS. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Copies of ANSI/EIA 359-A-84 are available for inspection 
during normal business hours at RUS, room 2845, U.S. Department of 
Agriculture, Washington, DC 20250-1500, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Copies are available from Global Engineering 
Documents, 15 Inverness Way East, Englewood, CO 80112, telephone number 
(303) 792-2181.
    (6) American Society for Testing and Materials Specifications (ASTM) 
B 33-91, Standard Specification for Tinned Soft or Annealed Copper Wire 
for Electrical Purposes; ASTM B 736-92a Standard Specification for 
Aluminum, Aluminum Alloy and Aluminum-Clad Steel Cable Shielding Stock; 
ASTM D 1248-84 (1989), Standard Specification for Polyethylene Plastics 
Molding and Extrusion Materials; ASTM D 1535-89, Standard Test Method 
for Specifying Color by the Munsell System; ASTM D 2287-81 (Reapproved 
1988), Standard Specification for Nonrigid Vinyl Chloride Polymer and 
Copolymer Molding and Extrusion Compounds; ASTM D 2436-85, Standard 
Specification for Forced-Convection Laboratory Ovens for Electrical 
Insulation; ASTM D 2633-82 (Reapproved 1989), Standard Methods of 
Testing Thermoplastic Insulations and Jackets for Wire and Cable; ASTM D 
4101-82 (1988), Standard Specification for Propylene Plastic Injection 
and Extrusion Materials; ASTM D 4565-90a, Standard Test Methods for 
Physical and Environmental Performance Properties of Insulations and 
Jackets for Telecommunications Wire and Cable; ASTM D 4566-90, Standard 
Test Methods for Electrical Performance Properties of Insulations and 
Jackets for Telecommunications Wire and Cable; and ASTM E 29-90, 
Standard Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications, referenced in this section are 
incorporated by reference by RUS. These incorporations by references 
were approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies of the ASTM standards are 
available for inspection during normal business hours at RUS, room 2845, 
U.S. Department of Agriculture, Washington, DC 20250-1500, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Copies are available

[[Page 691]]

from ASTM, 1916 Race Street, Philadelphia, Pennsylvania 19103-1187, 
telephone number (215) 299-5585.
    (7) American National Standards Institute/National Fire Protection 
Association (ANSI/NFPA), NFPA 70-1993 National Electrical Code 
referenced in this section is incorporated by reference by RUS. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy of 
the ANSI/NFPA standard is available for inspection during normal 
business hours at RUS, room 2845, U.S. Department of Agriculture, 
Washington, DC 20250-1500, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html. Copies 
are available from NFPA, Batterymarch Park, Quincy, Massachusetts 02269, 
telephone number 1 (800) 344-3555.
    (8) Underwriters Laboratories Inc. (UL) 1666, Standard Test for 
Flame Propagation Height of Electrical and Optical-Fiber Cables 
Installed Vertically in Shafts, dated January 22, 1991, referenced in 
this section is incorporated by reference by RUS. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy of the UL 
standard is available for inspection during normal business hours at 
RUS, room 2845, U.S. Department of Agriculture, Washington, DC 20250-
1500, or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html. Copies are available 
from UL Inc., 333 Pfingsten Road, Northbrook, Illinois 60062-2096, 
telephone number (708) 272-8800.
    (b) Conductors and conductor insulation. (1) Each conductor shall be 
a solid round wire of commercially pure annealed tin coated copper. 
Conductors shall meet the requirements of the American Society for 
Testing and Materials (ASTM) B 33-91 except that requirements for 
Dimensions and Permissible Variations are waived.
    (2) Joints made in conductors during the manufacturing process may 
be brazed, using a silver alloy solder and nonacid flux, or they may be 
welded using either an electrical or cold welding technique. In joints 
made in uninsulated conductors, the two conductor ends shall be butted. 
Splices made in insulated conductors need not be butted but may be 
joined in a manner acceptable to RUS.
    (3) The tensile strength of any section of a conductor, containing a 
factory joint, shall not be less than 85 percent of the tensile strength 
of an adjacent section of the solid conductor of equal length without a 
joint.
    (4) Engineering Information: The sizes of wire used and their 
nominal diameters shall be as shown in the following table:

------------------------------------------------------------------------
                                                    Nominal diameter
                      AWG                      -------------------------
                                                 Millimeters   (Inches)
------------------------------------------------------------------------
22............................................         0.643    (0.0253)
24............................................         0.511    (0.0201)
------------------------------------------------------------------------

    (5) Each conductor shall be insulated with a primary layer of 
natural or white solid, insulating grade, high density polyethylene or 
crystalline propylene/ethylene copolymer and an outer skin of colored, 
solid, insulating grade, polyvinyl chloride (PVC) using one of the 
insulating materials listed in paragraphs (b)(5)(i) through (iii) of 
this section.
    (i) The polyethylene raw material selected to meet the requirements 
of this section shall be Type III, Class A, Category 4 or 5, Grade E9, 
in accordance with ASTM D 1248-84 (1989).
    (ii) The crystalline propylene/ethylene raw material selected to 
meet the requirements of this section shall be Class PP 200B 40003 E11 
in accordance with ASTM D 4101-82 (1988).
    (iii) The PVC raw material selected to meet the requirements of this 
section shall be either Type PVC-64751E3XO, Type PVC-76751E3XO, or Type 
PVC-77751E3XO in accordance with ASTM D 2287-81 (1988).

[[Page 692]]

    (iv) Raw materials intended as conductor insulation furnished to 
these requirements shall be free from dirt, metallic particles, and 
other foreign matter.
    (v) All insulating raw materials shall be accepted by RUS prior to 
their use.
    (6) All conductors in any single length of cable shall be insulated 
with the same type of material.
    (7) A permissible overall performance level of faults in conductor 
insulation when using the test procedures in paragraph (b)(8) of this 
section shall average not greater than one fault per 12,000 conductor 
meters (40,000 conductor feet) for each gauge of conductor.
    (8) The test used to determine compliance with paragraph (b)(7) of 
this section shall be conducted as follows:
    (i) Samples tested shall be taken from finished cables selected at 
random from standard production cable. The samples tested shall contain 
a minimum of 300 conductor meters (1,000 conductor feet) for cables 
sizes less than 50 pairs and 1,500 conductor meters (5,000 conductor 
feet) for cables sizes greater than or equal to 50 pairs. No further 
sample need be taken from the same cable production run within 6,000 
cable meters (20,000 cable feet) of the original test sample from that 
run.
    (ii) The cable sample shall have its jacket, shield, and core wrap 
removed and its core shall be immersed in tap water for a minimum period 
of 6 hours. In lieu of removing the jacket, shield, and core wrap from 
the core, the entire cable may be tested. In this case, the core shall 
be completely filled with tap water, under pressure; then the cable 
assembly shall be immersed for a minimum period of 6 hours. With the 
cable core still fully immersed, except for end connections, the 
insulation resistance (IR) of all conductors to water shall be measured 
using a direct current (dc) voltage of 100 volts to 550 volts.
    (iii) An IR value of less than 500 megohms for any individual 
insulated conductor tested at or corrected to a temperature of 23 [deg]C 
is considered a failure. If the cable sample is more than 7.5 meters (25 
feet) long, all failing conductors shall be retested and reported in 7.5 
meter (25 foot) segments.
    (iv) The pair count, gauge, footage, and number of insulation faults 
shall be recorded. This information shall be retained on a 6 month 
running basis for review by RUS when requested.
    (v) A fault rate, in a continuous length in any one reel, in excess 
of one fault per 3,000 conductor meters (10,000 conductor feet) due to 
manufacturing defects is cause for rejection. A minimum of 6,000 
conductor meters (20,000 conductor feet) is required to develop a 
noncompliance in a reel.
    (9) Repairs to the conductor insulation during manufacturing are 
permissible. The method of repair shall be accepted by RUS prior to its 
use. The repaired insulation shall be capable of meeting the relevant 
electrical requirements of this section.
    (10) All repaired sections of insulation shall be retested in the 
same manner as originally tested for compliance with paragraph (b)(7) of 
this section.
    (11) The colored composite insulating material removed from or 
tested on the conductor, from a finished cable, shall be capable of 
meeting the following performance requirements:

------------------------------------------------------------------------
                                                              Composite
                          Property                            insulation
------------------------------------------------------------------------
Tensile Strength, Minimum Megapascals (MPa) (Pounds per      16.5 (2400)
 square inch (psi))........................................
Ultimate Elongation Percent, Minimum.......................          125
Cold Bend Failures, Maximum................................         0/10
Shrinkback, Maximum Millimeter (mm) (Inches (in.)).........    9.5 (3/8)
Adhesion, Maximum Newtons (N) (Pound-force (lbf))..........     13.3 (3)
Compression Minimum, N (lbf)...............................   1780 (400)
------------------------------------------------------------------------

    (12) Testing procedures. The procedures for testing the composite 
insulation samples for compliance with paragraph (b)(11) of this section 
shall be as follows:
    (i) Tensile strength and ultimate elongation. Samples of the 
insulation material, removed from the conductor, shall be tested in 
accordance with ASTM D 2633-82(1989), except that the speed of jaw 
separation shall be 50 millimeters/minute (50 mm/min) (2 inches/minute 
(2 in./min)).

    Note: Quality assurance testing at a jaw separation speed of 500 mm/
min (20 in./min) is permissible. Failures at this rate shall be retested 
at the 50 mm/min (2 in./min) rate to determine specification compliance.


[[Page 693]]


    (ii) Cold bend. Samples of the insulation material on the conductor 
shall be tested in accordance with ASTM D 4565-90a at a temperature of -
401 [deg]C with a mandrel diameter of 6 mm (0.25 
in.). There shall be no cracks visible to normal or corrected-to-normal 
vision.
    (iii) Shrinkback. Samples of insulation shall be tested for four 
hours at a temperature of 1151 [deg]C in 
accordance with ASTM D 4565-90a.
    (iv) Adhesion. Samples of insulation material on the conductor shall 
be tested in accordance with ASTM D 4565-90a with a crosshead speed of 
50 mm/min (2 in./min).
    (v) Compression. Samples of the insulation material on the conductor 
shall be tested in accordance with ASTM D 4565-90a with a crosshead 
speed of 5 mm/min (0.2 in./min).
    (13) Other methods of testing may be used if acceptable to RUS.
    (c) Identification of pairs and twisting of pairs. (1) The PVC skin 
shall be colored to identify:
    (i) The tip and ring conductor of each pair; and
    (ii) Each pair in the completed cable.
    (2) The colors used to provide identification of the tip and ring 
conductor of each pair shall be as shown in the following table:

------------------------------------------------------------------------
                                                     Color
              Pair No.               -----------------------------------
                                            Tip               Ring
------------------------------------------------------------------------
 1..................................  White            Blue
 2..................................  White            Orange
 3..................................  White            Green
 4..................................  White            Brown
 5..................................  White            Slate
 6..................................  Red              Blue
 7..................................  Red              Orange
 8..................................  Red              Green
 9..................................  Red              Brown
10..................................  Red              Slate
11..................................  Black            Blue
12..................................  Black            Orange
13..................................  Black            Green
14..................................  Black            Brown
15..................................  Black            Slate
16..................................  Yellow           Blue
17..................................  Yellow           Orange
18..................................  Yellow           Green
19..................................  Yellow           Brown
20..................................  Yellow           Slate
21..................................  Violet           Blue
22..................................  Violet           Orange
23..................................  Violet           Green
24..................................  Violet           Brown
25..................................  Violet           Slate
------------------------------------------------------------------------

    (3) Standards of color. The colors of the insulated conductors 
supplied in accordance with this section are specified in terms of the 
Munsell Color System (ASTM D 1535-89) and shall comply with the ``Table 
of Wire and Cable Limit Chips'' as defined in ANSI/EIA-359-A-84. (Visual 
color standards meeting these requirements may be obtained directly from 
the Munsell Color Company, Inc., 2441 North Calvert Street, Baltimore, 
Maryland 21218).
    (4) Positive identification of the tip and ring conductors of each 
pair by marking each conductor of a pair with the color of its mate is 
permissible. The method of marking shall be accepted by RUS prior to its 
use.
    (5) Other methods of providing positive identification of the tip 
and ring conductors of each pair may be employed if accepted by RUS 
prior to its use.
    (6) The insulated conductors shall be twisted into pairs.
    (7) In order to provide sufficiently high crosstalk isolation, the 
pair twists shall be designed to enable the cable to meet the 
capacitance unbalance and the crosstalk loss requirements of paragraphs 
(h)(2), (h)(3), and (h)(4) of this section.
    (8) The average length of pair twists in any pair in the finished 
cable, when measured on any 3 meter (m) (10 foot (ft)) length, shall not 
exceed 152 mm (6 in.).
    (d) Forming of the cable core. (1) Twisted pairs shall be assembled 
in such a way as to form a substantially cylindrical group.
    (2) When desired for lay-up reasons, the basic group may be divided 
into two or more subgroups called units.
    (3) Each group, or unit in a particular group, shall be enclosed in 
bindings of the colors indicated for its particular pair count. The pair 
count, indicated by the color of insulation, shall be consecutive as 
indicated in paragraph (d)(5) of this section through units in a group.
    (4) Threads or tapes used as binders shall be nonhygroscopic and 
nonwicking. The threads shall consists of a suitable number of ends of 
each color arranged as color bands. When tapes are used as binders, they 
shall be colored. Binders shall be applied with a lay of not more than 
100 mm (4 in.). The colored binders shall be readily

[[Page 694]]

recognizable as the basic intended color and shall be distinguishable 
from all other colors.
    (5) The colors of the bindings and their significance with respect 
to pair count shall be as shown in the following table:

------------------------------------------------------------------------
       Group No.            Color of bindings        Group pair count
------------------------------------------------------------------------
1.....................  White-Blue..............  1-25
2.....................  White-Orange............  26-50
3.....................  White-Green.............  51-75
4.....................  White-Brown.............  76-100
5.....................  White-Slate.............  101-125
6.....................  Red-Blue................  126-150
7.....................  Red-Orange..............  151-175
8.....................  Red-Green...............  176-200
9.....................  Red-Brown...............  201-225
10....................  Red-Slate...............  226-250
11....................  Black-Blue..............  251-275
12....................  Black-Orange............  276-300
13....................  Black-Green.............  301-325
14....................  Black-Brown.............  326-350
15....................  Black-Slate.............  351-375
16....................  Yellow-Blue.............  376-400
17....................  Yellow-Orange...........  401-425
18....................  Yellow-Green............  426-450
19....................  Yellow-Brown............  451-475
20....................  Yellow-Slate............  476-500
21....................  Violet-Blue.............  501-525
22....................  Violet-Orange...........  526-550
23....................  Violet-Green............  551-575
24....................  Violet-Brown............  576-600
------------------------------------------------------------------------

    (6) The use of the white unit binder in cables of 100 pair or less 
is optional.
    (7) When desired for manufacturing reasons, two or more 25 pair 
groups may be bound together with nonhygroscopic and nonwicking threads 
or tapes into super-units. The group binders and the super-unit binders 
shall be colored such that the combination of the two binders shall 
positively identify each 25 pair group from every other 25 pair group in 
the cable.
    (8) Super-unit binders shall be of the colors shown in the following 
table:

                        Super-Unit Binder Colors
------------------------------------------------------------------------
                 Pair No.                           Binder color
------------------------------------------------------------------------
1-600.....................................  White
601-1200..................................  Red
------------------------------------------------------------------------

    (e) Core wrap. (1) The core shall be completely covered with a layer 
of nonhygroscopic and nonwicking dielectric material. The core wrap 
shall be applied with an overlap.
    (2) The core wrap shall provide a sufficient heat barrier to prevent 
visible evidence of conductor insulation deformation or adhesion between 
conductors, caused by adverse heat transfer during the jacketing 
operation.
    (3) Engineering Information: If required for manufacturing reasons, 
white or uncolored binders of nonhygroscopic and nonwicking material may 
be applied over the core and/or core wrap.
    (f) Shield. (1) An aluminum shield, plastic coated on one side, 
shall be applied longitudinally over the core wrap.
    (2) The shield may be applied over the core wrap with or without 
corrugations (smooth) and shall be bonded to the outer jacket.
    (3) The shield overlap shall be a minimum of 3 mm (0.125 in.) for 
cables with core diameters of 15 mm (0.625 in.) or less and a minimum of 
6 mm (0.25 in.) for cables with core diameters greater than 15 mm (0.625 
in.). The core diameter is defined as the diameter under the core wrap 
and binding.
    (4) General requirements for application of the shielding material 
shall be as follows:
    (i) Successive lengths of shielding tapes may be joined during the 
manufacturing process by means of cold weld, electric weld, soldering 
with a nonacid flux, or other acceptable means;
    (ii) The metal shield with the plastic coating shall have the 
coating removed prior to joining the metal ends together. After joining, 
the plastic coating shall be restored without voids using good 
manufacturing techniques;
    (iii) The shields of each length of cable shall be tested for 
continuity. A one meter (3 ft) section of shield containing a factory 
joint shall exhibit not more than 110 percent of the resistance of a 
shield of equal length without a joint;
    (iv) The breaking strength of any section of a shield tape 
containing a factory joint shall not be less than 80 percent of the 
breaking strength of an adjacent section of the shield of equal length 
without a joint;
    (v) The reduction in thickness of the shielding material due to the 
corrugating or application process shall be kept to a minimum and shall 
not exceed 10 percent at any spot; and
    (vi) The shielding material shall be applied in such a manner as to 
enable

[[Page 695]]

the cable to pass the bend test as specified in paragraph (i)(1) of this 
section.
    (5) The dimensions of the uncoated aluminum tape shall be 
0.20300.0254 mm (0.00800.0010 in.).
    (6) The aluminum tape shall conform to either Alloy AA-1100-0, AA-
1145-0, or AA-1235-0 as covered in the latest edition of Aluminum 
Standards and Data, issued by the Aluminum Association, except that 
requirements for tensile strength are waived.
    (7) The single-sided plastic coated aluminum shield shall conform to 
the requirements of ASTM B 736-92a, Type I Coating, Class 1 or 2, or 
Type II Coating, Class 1. The minimum thickness of the Type I Coating 
shall be 0.038 mm (0.0015 in.). The minimum thickness of the Type II 
Coating shall be 0.008 mm (0.0003 in.).
    (8) The plastic coated aluminum shield shall be tested for 
resistance to water migration by immersing a one meter (3 ft) length of 
tape under a one meter (3 ft) head of water containing a soluble dye 
plus 0.25 percent (%) wetting agent.
    (i) After a minimum of 5 minutes, no dye shall appear between the 
interface of the shield tape and the plastic coating.
    (ii) The actual test method shall be acceptable to RUS.
    (9) The bond between the plastic coated shield and the jacket shall 
conform to the following requirements:
    (i) Prepare test strips approximately 200 mm (8 in.) in length. Slit 
the jacket and shield longitudinally to produce 4 strips evenly spaced 
and centered in 4 quadrants on the jacket circumference. One of the 
strips shall be centered over the overlapped edge of the shielding tape. 
The strips shall be 13 mm (0.5 in.) wide. For cable diameters less than 
19 mm (0.75 in.) make two strips evenly spaced.
    (ii) Separate the shield and jacket for a sufficient distance to 
allow the shield and jacket to be fitted in the upper and lower jaws of 
a tensile machine. Record the maximum force required to separate the 
shield and jacket to the nearest newton (pound-force). Repeat this 
action for each test strip.
    (iii) The force required to separate the jacket from the shield 
shall not be less than 9 N (2 lbf) for any individual strip when tested 
in accordance with paragraph (f)(9)(ii) of this section. The average 
force for all strips of any cable shall not be less than 18 N (4 lbf).
    (g) Cable jacket and extraneous material. (1) The jacket shall 
provide the cable with a tough, flexible, protective covering which can 
withstand stresses reasonably expected in normal installation and 
service.
    (2) The jacket shall be free from holes, splits, blisters, or other 
imperfections and shall be as smooth and concentric as is consistent 
with the best commercial practice.
    (3) The raw material used for the cable jacket shall be one of the 
following four types:
    (i) Type PVC-55554EOXO in accordance with ASTM D 2287-81(1988);
    (ii) Type PVC-65554EOXO in accordance with ASTM D 2287-81(1988);
    (iii) Type PVC-55556EOXO in accordance with ASTM D 2287-81(1988); or
    (iv) Type PVC-66554EOXO in accordance with ASTM D 2287-81(1988).
    (4) The jacketing material removed from or tested on the cable shall 
be capable of meeting the following performance requirements:

------------------------------------------------------------------------
                                                               Jacket
                         Property                            performance
------------------------------------------------------------------------
Tensile Strength-Unaged Minimum, MPa (psi)................   13.8 (2000)
Ultimate Elongation-Unaged Minimum, Percent (%)...........           200
Tensile Strength-Aged Minimum, % of original value........            80
Ultimate Elongation-Aged Minimum, % of original value.....            50
Impact Failures, Maximum..................................          2/10
------------------------------------------------------------------------

    (5) Testing procedures. The procedures for testing the jacket 
samples for compliance with paragraph (g)(4) of this section shall be as 
follows:
    (i) Tensile strength and ultimate elongation-unaged. The test shall 
be performed in accordance with ASTM D 2633-82(1989), using a jaw 
separation speed of 50 mm/min (2 in./min).

    Note: Quality assurance testing at a jaw separation speed of 500 mm/
min (20 in./min) is permissible. Failures at this rate shall be retested 
at the 50 mm/min (2 in./min) rate to determine specification compliance.

    (ii) Tensile strength and ultimate elongation-aged. The test shall 
be performed in accordance with paragraph (g)(5)(i) of this section 
after being aged for 7 days at a temperature of 1001 [deg]C

[[Page 696]]

in a circulating air oven conforming to ASTM D 2436-85.
    (iii) Impact. The test shall be performed in accordance with ASTM D 
4565-90a using an impact force of 4 newton-meter (3 pound force-foot) at 
a temperature of -101 [deg]C. The cylinder shall 
strike the sample at the shield overlap. A crack or split in the jacket 
constitutes failure.
    (6) Jacket thickness. The nominal jacket thickness shall be as 
specified in the following table. The test method used shall be either 
the End Sample Method (paragraph (g)(6)(i) of this section) or the 
Continuous Uniformity Thickness Gauge Method (paragraph (g)(6)(ii) of 
this section):

------------------------------------------------------------------------
                                            Nominal jacket thickness mm
               No. of pairs                            (in.)
------------------------------------------------------------------------
25 or less...............................  1.4 (0.055)
50.......................................  1.5 (0.060)
100......................................  1.7 (0.065)
200......................................  1.9 (0.075)
300......................................  2.2 (0.085)
400......................................  2.4 (0.095)
600......................................  2.9 (0.115)
800 and over.............................  3.3 (0.130)
------------------------------------------------------------------------

    (i) End sample method. The jacket shall be capable of meeting the 
following requirements:

Minimum Average Thickness--90% of nominal thickness
Minimum Thickness--70% of nominal thickness

    (ii) Continuous uniformity thickness gauge method. (A) The jacket 
shall be capable of meeting the following requirements:

Minimum Average Thickness--90% of nominal thickness
Minimum (Min.) Thickness--70 % of nominal thickness
Maximum (Max.) Eccentricity--55%
Eccentricity = Max. Thickness--Min. Thickness (Average Thickness) x 100

    (B) Maximum and minimum thickness values. The maximum and minimum 
thickness values shall be based on the average of each axial section.
    (7) The color of the jacket shall be either black or dark grey in 
conformance with the Munsell Color System specified in ASTM D 1535-89.
    (8) There shall be no water or other contaminants in the finished 
cable which would have a detrimental effect on its performance or its 
useful life.
    (h) Electrical requirements--(1) Mutual capacitance and conductance. 
(i) The average mutual capacitance (corrected for length) of all pairs 
in any reel shall not exceed the following when tested in accordance 
with ASTM D 4566-90 at a frequency of 1.00.1 
kilohertz (kHz) and a temperature of 233 [deg]C:

------------------------------------------------------------------------
                                                   Mutual capacitance
                                               -------------------------
             Number of cable pairs               Nanofarad/  (Nanofarad/
                                                 kilometer      mile)
------------------------------------------------------------------------
12............................................     520.1 kHz and a temperature of 
233 [deg]C.
    (2) Pair-to-pair capacitance unbalance. The capacitance unbalance as 
measured on the completed cable shall not exceed 45.3 picofarad/
kilometer (pF/km) (25 picofarad/1000 ft (pF/1000 ft)) rms when tested in 
accordance with ASTM D 4566-90 at a frequency of 1.00.1 kHz and a temperature of 233 
[deg]C.
    (3) Pair-to-ground capacitance unbalance. (i) The average 
capacitance unbalance as measured on the completed cable shall not 
exceed 574 pF/km (175 pF/1000 ft) when tested in accordance with ASTM D 
4566-90 at a frequency of 10.1 kHz and a 
temperature of 233 [deg]C.
    (ii) When measuring pair-to-ground capacitance unbalance all pairs 
except the pair under test are grounded to the shield except when 
measuring cable containing super-units in which case all other pairs in 
the same super-unit shall be grounded to the shield.
    (iii) Pair-to-ground capacitance unbalance may vary directly with 
the length of the cable.
    (4) Crosstalk loss. (i) The rms output-to-output far-end crosstalk 
loss (FEXT) measured on the completed cable in accordance with ASTM D 
4566-90 at a test frequency of 150 kHz shall

[[Page 697]]

not be less than 68 decibel/kilometer (dB/km) (73 decibel/1000 ft (dB/
1000 ft)). The rms calculation shall be based on the combined total of 
all adjacent and alternate pair combinations within the same layer and 
center to first layer pair combinations.
    (ii) The FEXT crosstalk loss between any pair combination of a cable 
shall not be less than 58 dB/km (63 dB/1000 ft) at a frequency of 150 
kHz. If the loss Ko at a frequency Fo for length 
Lo is known, then Kx can be determined for any 
other frequency Fx or length Lx by:
[GRAPHIC] [TIFF OMITTED] TR14JN94.000

    (iii) The near-end crosstalk loss (NEXT) as measured within and 
between units of a completed cable in accordance with ASTM D 4566-90 at 
a frequency of 772 kHz shall not be less than the following mean minus 
sigma (M-S) crosstalk requirement for any unit within the cable:

------------------------------------------------------------------------
                                                                   M-S
                           Unit size                             decibel
                                                                  (dB)
------------------------------------------------------------------------
Within Unit:
  12 and 13 pairs.............................................        56
  18 and 25 pairs.............................................        60
Between Unit:
  Adjacent 13 pairs...........................................        65
  Adjacent 25 pairs...........................................        66
  Nonadjacent (all)...........................................        81
------------------------------------------------------------------------


Where M-S is the Mean near-end coupling loss based on the combined total 
of all pair combinations, less one Standard Deviation, Sigma, of the 
mean value.
    (5) Insulation resistance. Each insulated conductor in each length 
of completed cable, when measured with all other insulated conductors 
and the shield grounded, shall have an insulation resistance of not less 
than 152 megohm-kilometer (500 megohm-mile) at 201 
[deg]C. The measurement shall be made in accordance with the procedures 
of ASTM D 4566-90.
    (6) High voltage test. (i) In each length of completed cable, the 
dielectric strength of the insulation between conductors shall be tested 
in accordance with ASTM D 4566-90 and shall withstand, for 3 seconds, a 
direct current (dc) potential whose value is not less than:
    (A) 3.6 kilovolts for 22-gauge conductors; or
    (B) 3.0 kilovolts for 24-gauge conductors.
    (ii) In each length of completed cable, the dielectric strength 
between the shield and all conductors in the core shall be tested in 
accordance with ASTM D 4566-90 and shall withstand, for 3 seconds, a dc 
potential whose value is not less than 10 kilovolts.
    (7) Conductor resistance. The dc resistance of any conductor shall 
be measured in the completed cable in accordance with ASTM D 4566-90 and 
shall not exceed the following values when measured at or corrected to a 
temperature of 201 [deg]C:

------------------------------------------------------------------------
                                                   Maximum resistance
                                               -------------------------
                      AWG                          ohms/      (ohms/1000
                                                 kilometer       ft)
------------------------------------------------------------------------
22............................................         60.7       (18.5)
24............................................         95.1       (29.0)
------------------------------------------------------------------------

    (8) Resistance unbalance. (i) The difference in dc resistance 
between the two conductors of a pair in the completed cable shall not 
exceed the values listed in this paragraph when measured in accordance 
with the procedures of ASTM D 4566-90:

------------------------------------------------------------------------
                                                 Resistance  Maximum for
                                                 unbalance     any reel
                                               -------------------------
                      AWG                                     Individual
                                                  Average        pair
                                                  percent      percent
------------------------------------------------------------------------
22............................................          1.5          4.0
24............................................          1.5          5.0
------------------------------------------------------------------------

    (ii) The resistance unbalance between tip and ring conductors shall 
be random with respect to the direction of unbalance. That is, the 
resistance of the tip conductors shall not be consistently higher with 
respect to the ring conductors and vice versa.

[[Page 698]]

    (9) Electrical variations. (i) Pairs in each length of cable having 
either a ground, cross, short, or open circuit condition shall not be 
permitted.
    (ii) The maximum number of pairs in a cable which may vary as 
specified in paragraph (h)(9)(iii) of this section from the electrical 
parameters given in this section are listed in this paragraph. These 
pairs may be excluded from the arithmetic calculation:

------------------------------------------------------------------------
                                                             Maximum No.
                                                               of pairs
                                                                 with
                     Nominal pair count                       allowable
                                                              electrical
                                                              variation
------------------------------------------------------------------------
12-100.....................................................            1
101-300....................................................            2
301-400....................................................            3
401-600....................................................            4
601 and above..............................................            6
------------------------------------------------------------------------

    (iii) Parameter variations--(A) Capacitance unbalance-to-ground. If 
the cable fails either the maximum individual pair or average 
capacitance unbalance-to-ground requirement and all individual pairs are 
3280 pF/km (1000 pF/1000 ft) or less the number of pairs specified in 
paragraph (h)(9)(ii) of this section may be eliminated from the average 
and maximum individual calculations.
    (B) Resistance unbalance. Individual pair of not more than 7 percent 
for all gauges.
    (C) Far end crosstalk. Individual pair combination of not less than 
52 dB/km (57 dB/1000 ft).

    Note: RUS recognizes that in large pair count cables (600 pair and 
above) a cross, short, or open circuit condition occasionally may 
develop in a pair which does not affect the performance of the other 
cable pairs. In these circumstances rejection of the entire cable may be 
economically unsound or repairs may be impractical. In such 
circumstances the manufacturer may desire to negotiate with the customer 
for acceptance of the cable. No more than 0.5 percent of the pairs may 
be involved.

    (i) Mechanical requirements--(1) Cable cold bend test. The completed 
cable shall be capable of meeting the requirements of ASTM D 4565-90a 
after conditioning at -20 2 [deg]C except the 
mandrel diameters shall be as specified below:

------------------------------------------------------------------------
           Cable outside diameter                  Mandrel diameter
------------------------------------------------------------------------
<40 mm (1.5 in.)............................  15x
=40 mm (1.5 in.).................  20x
------------------------------------------------------------------------

    (2) Cable flame test. The completed cable shall be capable of 
meeting a maximum flame height of 3.7 m (12.0 ft) when tested in 
accordance with Underwriters Laboratories (UL) 1666 dated January 22, 
1991.
    (3) Cable listing. All cables manufactured to the specification of 
this section at a minimum shall be listed as Communication Riser Cable 
(Type CMR) in accordance with Sections 800-50 and 800-51(b) of the 1993 
National Electrical Code.
    (j) Sheath slitting cord (optional). (1) Sheath slitting cords may 
be used in the cable structure at the option of the manufacturer.
    (2) When a sheath slitting cord is used it shall be nonhygroscopic 
and nonwicking, continuous throughout a length of cable, and of 
sufficient strength to open the sheath without breaking the cord.
    (3) Sheath slitting cords shall be capable of consistently slitting 
the jacket and/or shield for a continuous length of 0.6 m (2 ft) when 
tested in accordance with the procedure specified in appendix B of this 
section.
    (k) Identification marker and length marker. (1) Each length of 
cable shall be permanently identified as to manufacturer and year of 
manufacture.
    (2) The number of conductor pairs and their gauge size shall be 
marked on the jacket.
    (3) The marking shall be printed on the jacket at regular intervals 
of not more than 1.5 m (5 ft).
    (4) An alternative method of marking may be used if accepted by RUS 
prior to its use.
    (5) The completed cable shall have sequentially numbered length 
markers in FEET OR METERS at regular intervals of not more than 1.5 m (5 
ft) along the outside of the jacket.
    (6) The method of length marking shall be such that for any single 
length of cable, continuous sequential numbering shall be employed.
    (7) The numbers shall be dimensioned and spaced to produce good 
legibility and shall be approximately 3 mm (0.125

[[Page 699]]

in.) in height. An occasional illegible marking is permissible if there 
is a legible marking located not more than 1.5 m (5 ft) from it.
    (8) The method of marking shall be by means of suitable surface 
markings producing a clear, distinguishable, contrasting marking 
acceptable to RUS. Where direct or transverse printing is employed, the 
characters should be indented to produce greater durability of marking. 
Any other method of length marking shall be acceptable to RUS as 
producing a marker suitable for the field. Size, shape and spacing of 
numbers, durability, and overall legibility of the marker shall be 
considered in acceptance of the method.
    (9) The accuracy of the length marking shall be such that the actual 
length of any cable section is never less than the length indicated by 
the marking and never more than one percent greater than the length 
indicated by the marking.
    (10) The color of the initial marking for a black colored jacket 
shall be either white or silver. The color of the initial marking for a 
dark grey colored jacket shall be either red or black. If the initial 
marking of the black colored jacket fails to meet the requirements of 
the preceding paragraphs, it will be permissible to either remove the 
defective marking and re-mark with the white or silver color or leave 
the defective marking on the cable and re-mark with yellow. If the 
initial marking of the dark grey colored jacket fails to meet the 
requirements of the preceding paragraphs, it will be permissible to 
either remove the defective marking and re-mark with the red or black 
color or leave the defective marking on the cable and re-mark with 
yellow. No further re-marking is permitted. Any re-marking shall be on a 
different portion of the cable circumference than any existing marking 
when possible and have a numbering sequence differing from any other 
existing marking by at least 5,000.
    (11) Any reel of cable which contains more than one set of 
sequential markings shall be labeled to indicate the color and sequence 
of marking to be used. The labeling shall be applied to the reel and 
also to the cable.
    (l) Preconnectorized cable (optional). (1) At the option of the 
manufacturer and upon request by the purchaser, cables 100 pairs and 
larger may be factory terminated in 25 pair splicing modules.
    (2) The splicing modules shall meet the requirements of RUS Bulletin 
345-54, PE-52, RUS Specification for Telephone Cable Splicing Connectors 
(Incorporated by Reference at Sec.  1755.97), and be accepted by RUS 
prior to their use.
    (m) Acceptance testing and extent of testing. (1) The tests 
described in appendix A of this section are intended for acceptance of 
cable designs and major modifications of accepted designs. RUS decides 
what constitutes a major modification. These tests are intended to show 
the inherent capability of the manufacturer to produce cable products 
having long life and stability.
    (2) For initial acceptance, the manufacturer shall submit:
    (i) An original signature certification that the product fully 
complies with each section of the specification;
    (ii) Qualification Test Data, per appendix A of this section;
    (iii) To periodic plant inspections;
    (iv) A certification that the product does or does not comply with 
the domestic origin manufacturing provisions of the ``Buy American'' 
requirements of the Rural Electrification Act of 1938 (7 U.S.C. 901 et 
seq.);
    (v) Written user testimonials concerning performance of the product; 
and
    (vi) Other nonproprietary data deemed necessary by the Chief, 
Outside Plant Branch (Telephone).
    (3) For requalification acceptance, the manufacturer shall submit an 
original signature certification that the product fully complies with 
each section of the specification, excluding the Qualification Section, 
and a certification that the product does or does not comply with the 
domestic origin manufacturing provisions of the ``Buy American'' 
requirements of the Rural Electrification Act of 1938 (7 U.S.C. 901 et 
seq.) for acceptance by June 30 every three years. The required data and 
certification shall have been gathered within 90 days of the submission.
    (4) Initial and requalification acceptance requests should be 
addressed to:

[[Page 700]]

Chairman, Technical Standards Committee ``A'' (Telephone), 
Telecommunications Standards Division, Rural Utilities Service, 
Washington, DC 20250-1500.
    (5) Tests on 100 percent of completed cable. (i) The shield of each 
length of cable shall be tested for continuity using the procedures of 
ASTM D 4566-90.
    (ii) Dielectric strength between all conductors and the shield shall 
be tested to determine freedom from grounds in accordance with paragraph 
(h)(6)(ii) of this section.
    (iii) Each conductor in the completed cable shall be tested for 
continuity using the procedures of ASTM D 4566-90.
    (iv) Dielectric strength between conductors shall be tested to 
ensure freedom from shorts and crosses in accordance with paragraph 
(h)(6)(i) of this section.
    (v) Each conductor in the completed preconnectorized cable shall be 
tested for continuity.
    (vi) Each length of completed preconnectorized cable shall be tested 
for split pairs.
    (vii) The average mutual capacitance shall be measured on all 
cables. If the average mutual capacitance for the first 100 pairs tested 
from randomly selected groups is between 50 and 53 nF/km (80 to 85 nF/
mile), the remainder of the pairs need not to be tested on the 100 
percent basis. (See paragraph (h)(1) of this section).
    (6) Capability tests. Tests on a quality assurance basis shall be 
made as frequently as is required for each manufacturer to determine and 
maintain compliance with:
    (i) Performance requirements for conductor insulation and jacket 
material;
    (ii) Bonding properties of coated or laminated shielding materials;
    (iii) Sequential marking and lettering;
    (iv) Capacitance unbalance and crosstalk;
    (v) Insulation resistance;
    (vi) Conductor resistance and resistance unbalance;
    (vii) Cable cold bend and cable flame tests; and
    (viii) Mutual conductance.
    (n) Summary of records of electrical and physical tests. (1) Each 
manufacturer shall maintain a suitable summary of records for a period 
of at least 3 years for all electrical and physical tests required on 
completed cable by this section as set forth in paragraphs (m)(5) and 
(m)(6) of this section. The test data for a particular reel shall be in 
a form that it may be readily available to the purchaser or to RUS upon 
request.
    (2) Measurements and computed values shall be rounded off to the 
number of places of figures specified for the requirement according to 
ASTM E 29-90.
    (o) Manufacturing irregularities. (1) Repairs to the shield are not 
permitted in cable supplied to the end user under this section.
    (2) No repairs or defects in the jacket are allowed.
    (p) Preparation for shipment. (1) The cable shall be shipped on 
reels unless otherwise specified or agreed to by the purchaser. The 
diameter of the drum shall be large enough to prevent damage to the 
cable from reeling or unreeling. The reels shall be substantial and so 
constructed as to prevent damage to the cable during shipment and 
handling.
    (2) A waterproof corrugated board or other means of protection 
acceptable to RUS shall be applied to the reel and shall be suitably 
secured in place to prevent damage to the cable during storage and 
shipment.
    (3) The outer end of the cable shall be securely fastened to the 
reel head so as to prevent the cable from becoming loose in transit. The 
inner end of the cable shall be securely fastened in such a way as to 
make it readily available if required for electrical testing. Spikes, 
staples, or other fastening devices which penetrate the cable jacket 
shall not be used. The method of fastening the cable ends shall be 
accepted by RUS prior to it being used.
    (4) Each length of cable shall be wound on a separate reel unless 
otherwise specified or agreed to by the purchaser.
    (5) The arbor hole shall admit a spindle 63 mm (2.5 in.) in diameter 
without binding. Steel arbor hole liners may be used but shall be 
acceptable to RUS prior to their use.

[[Page 701]]

    (6) Each reel shall be plainly marked to indicate the direction in 
which it should be rolled to prevent loosening of the cable on the reel.
    (7) Each reel shall be stenciled or labeled on either one or both 
sides with the name of the manufacturer, year of manufacture, actual 
shipping length, an inner and outer end sequential length marking, 
description of the cable, reel number and the RUS cable designation:

                            Cable Designation

CT
Cable Construction
Pair Count
Conductor Gauge

A = Coated Aluminum Shield

P = Preconnectorized Cable

Example: CTAP 100-22

Terminating Cable, Coated Aluminum Shield, Preconnectorized, 100 pairs, 
22 AWG.

    (8) When preconnectorized cable is shipped, the splicing modules 
shall be protected to prevent damage during shipment and handling. The 
protection method shall be acceptable to RUS prior to its use.

(The information collection and recordkeeping requirements of this 
section have been approved by the Office of Management and Budget (OMB) 
under control number 0572-0059)

        Appendix A to Sec.  1755.870--Qualification Test Methods

    (I) The test procedures described in this appendix are for 
qualification of initial designs and major modifications of accepted 
designs. Included in paragraph (V) of this appendix are suggested 
formats that may be used in submitting test results to RUS.
    (II) Sample Selection and Preparation. (1) All testing shall be 
performed on lengths removed sequentially from the same 25 pair, 22 
gauge jacketed cable. This cable shall not have been exposed to 
temperatures in excess of 38 [deg]C since its initial cool down after 
sheathing. The lengths specified are minimum lengths and if desirable 
from a laboratory testing standpoint longer lengths may be used.
    (a) Length A shall be 12 0.2 meters (40 0.5 feet) long. Prepare the test sample by removing the 
jacket, shield, and core wrap for a sufficient distance on both ends to 
allow the insulated conductors to be flared out. Remove sufficient 
conductor insulation so that appropriate electrical test connections can 
be made at both ends. Coil the sample with a diameter of 15 to 20 times 
its sheath diameter. Two lengths are required.
    (b) Length B shall be 300 millimeters (1 foot) long. Three lengths 
are required.
    (c) Length C shall be 3 meters (10 feet) long and shall be 
maintained at 23 3 [deg]C for the duration of the 
test. Two lengths are required.
    (2) Data Reference Temperature. Unless otherwise specified, all 
measurements shall be made at 23 3 [deg]C.
    (III) Environmental Tests--(1) Heat Aging Test--(a) Test Samples. 
Place one sample each of lengths A and B in an oven or environmental 
chamber. The ends of sample A shall exit from the chamber or oven for 
electrical tests. Securely seal the oven exit holes.
    (b) Sequence of Tests. Sample B referenced in paragraph (III)(1)(a) 
of this appendix shall be subjected to the insulation compression test 
outlined in paragraph (III)(2) of this appendix.
    (c) Initial Measurements. (i) For sample A, measure the open circuit 
capacitance and conductance for each odd pair at 1, 150, and 772 
kilohertz after conditioning the sample at the data reference 
temperature for 24 hours. Calculate the average and standard deviation 
for the data of the 13 pairs on a per kilometer (per mile) basis.
    (ii) Record on suggested formats in paragraph (V) of this appendix 
or on other easily readable formats.
    (d) Heat Conditioning. (i) Immediately after completing the initial 
measurements, condition the sample for 14 days at a temperature of 65 
2 [deg]C.
    (ii) At the end of this period. Measure and calculate the parameters 
given in paragraph (III)(1)(c) of this appendix. Record on suggested 
formats in paragraph (V) of this appendix or on other easily readable 
formats.
    (e) Overall Electrical Deviation. (i) Calculate the percent change 
in all average parameters between the final parameters after 
conditioning with the initial parameters in paragraph (III)(1)(c) of 
this appendix.
    (ii) The stability of the electrical parameters after completion of 
this test shall be within the following prescribed limits:
    (A) Capacitance. The average mutual capacitance shall be within 10 
percent of its original value;
    (B) The change in average mutual capacitance shall be less than 10 
percent over the frequency range of 1 to 150 kilohertz; and
    (C) Conductance. The average mutual conductance shall not exceed 3.7 
micromhos/kilometer (6 micromhos/mile) at a frequency of 1 kilohertz.
    (2) Insulation Compression Test--(a) Test Sample B. Remove jacket, 
shield, and core wrap being careful not to damage the conductor 
insulation. Remove one pair from the core and carefully separate and 
straighten the insulated conductors. Retwist the two

[[Page 702]]

insulated conductors together under sufficient tension to form 10 evenly 
spaced 360 degree twists in a length of 100 millimeters (4 inches).
    (b) Sample Testing. Center the mid 50 millimeters (2 inches) of the 
twisted pair between two smooth rigid parallel metal plates measuring 50 
millimeters (2 inches) in length or diameter. Apply a 1.5 volt direct 
current potential between the conductors, using a light or buzzer to 
indicate electrical contact between the conductors. Apply a constant 
load of 67 newtons (15 pound-force) on the sample for one minute and 
monitor for evidence of contact between the conductors. Record results 
on suggested formats in paragraph (V) of this appendix or on other 
easily readable formats.
    (3) Temperature Cycling. (a) Repeat paragraphs (III)(1)(a) through 
(III)(1)(c)(ii) of this appendix for a separate set of samples A and B 
which have not been subjected to prior environmental conditioning.
    (b) Immediately after completing the measurements, subject the test 
samples to 10 cycles of temperature between -40 [deg]C and + 60 [deg]C. 
The test samples shall be held at each temperature extreme for a minimum 
of 1.5 hours during each cycle of temperature. The air within the 
temperature cycling chamber shall be circulated throughout the duration 
of the cycling.
    (c) Repeat paragraphs (III)(1)(d)(ii) through (III)(2)(b) of this 
appendix.
    (IV) Control Sample--(1) Test Samples. One length of sample B shall 
have been maintained at 23 3 [deg]C for at least 
48 hours before the testing.
    (2) Repeat paragraphs (III)(2) through (III)(2)(b) of this appendix.
    (3) Surge Test. (a) One length of sample C shall be used to measure 
the breakdown between conductors while the other length of C shall be 
used to measure core to shield breakdown.
    (b) The samples shall be capable of withstanding, without damage, a 
single surge voltage of 20 kilovolts peak between conductors, and 35 
kilovolts peak between conductors and the shield as hereinafter 
described. The surge voltage shall be developed from a capacitor 
discharge through a forming resistor connected in parallel with the 
dielectric of the test sample. The surge generator constants shall be 
such as to produce a surge of 1.5 x 40 microseconds wave shape.
    (c) The shape of the generated wave shall be determined at a reduced 
voltage by connecting an oscilloscope across the forming resistor with 
the cable sample connected in parallel with the forming resistor. The 
capacitor bank is charged to the test voltage and then discharged 
through the forming resistor and test sample. The test sample shall be 
considered to have passed the test if there is no distinct change in the 
wave shape obtained with the initial reduced voltage compared to that 
obtained after the application of the test voltage.
    (V) The following suggested formats may be used in submitting the 
test results to RUS:

              Environmental Conditioning __________________

                                              Frequency 1 Kilohertz
----------------------------------------------------------------------------------------------------------------
                                                               Capacitance nF/km (nF/   Conductance micromhos/km
                                                                        mile)               (micromhos/mile)
                          Pair No.                           ---------------------------------------------------
                                                                Initial       Final       Initial       Final
----------------------------------------------------------------------------------------------------------------
 1..........................................................
 3..........................................................
 5..........................................................
 7..........................................................
 9..........................................................
11..........................................................
13..........................................................
15..........................................................
17..........................................................
19..........................................................
21..........................................................
23..........................................................
25..........................................................
Average x.......................................
Overall Percent Difference in
    Average x...............................................  ...........  ...........  ...........  ...........
----------------------------------------------------------------------------------------------------------------


[[Page 703]]

             Environmental Conditioning ____________________

                                             Frequency 150 Kilohertz
----------------------------------------------------------------------------------------------------------------
                                                               Capacitance nF/km (nF/   Conductance micromhos/km
                                                                        mile)               (micromhos/mile)
                          Pair No.                           ---------------------------------------------------
                                                                Initial       Final       Initial       Final
----------------------------------------------------------------------------------------------------------------
 1..........................................................
 3..........................................................
 5..........................................................
 7..........................................................
 9..........................................................
11..........................................................
13..........................................................
15..........................................................
17..........................................................
19..........................................................
21..........................................................
23..........................................................
25..........................................................
Average x.......................................
    Overall Percent Difference in Average x.................  ...........  ...........  ...........  ...........
----------------------------------------------------------------------------------------------------------------

             Environmental Conditioning ____________________

                                             Frequency 772 Kilohertz
----------------------------------------------------------------------------------------------------------------
                                                               Capacitance nF/km (nF/   Conductance micromhos/km
                                                                        mile)               (micromhos/mile)
                          Pair No.                           ---------------------------------------------------
                                                                Initial       Final       Initial       Final
----------------------------------------------------------------------------------------------------------------
 1..........................................................
 3..........................................................
 5..........................................................
 7..........................................................
 9..........................................................
11..........................................................
13..........................................................
15..........................................................
17..........................................................
19..........................................................
21..........................................................
23..........................................................
25..........................................................
Average x.......................................
    Overall Percent Difference in...........................
    Average x...............................................  ...........  ...........  ...........  ...........
----------------------------------------------------------------------------------------------------------------


------------------------------------------------------------------------
                                                                Failures
------------------------------------------------------------------------
Insulation Compression:
  Control.....................................................
  Heat Age....................................................
  Temperature Cycling.........................................
Surge Test (kilovolts):
  Conductor-to-Conductor......................................
  Shield-to-Conductors........................................  ........
------------------------------------------------------------------------

    Appendix B to Sec.  1755.870--Sheath Slitting Cord Qualification

    (I) This test procedure described in this appendix is for 
qualification of initial and subsequent changes in sheath slitting 
cords.
    (II) Sample selection. All testing shall be performed on two 1.2 m 
(4 ft) lengths of cable removed sequentially from the same 25 pair, 22 
gauge jacketed cable. This cable shall not have been exposed to 
temperatures in excess of 38 [deg]C since its initial cool down after 
sheathing.
    (III) Test procedure. (1) Using a suitable tool, expose enough of 
the sheath slitting cord to permit grasping with needle nose pliers.
    (2) The prepared test specimens shall be maintained at a temperature 
of 23 1 [deg]C for at least 4 hours immediately 
prior to and during the test.
    (3) Wrap the sheath slitting cord around the plier jaws to ensure a 
good grip.
    (4) Grasp and hold the cable in a convenient position while gently 
and firmly pulling the sheath slitting cord longitudinally in the 
direction away from the cable end. The angle of pull may vary to any 
convenient and functional degree. A small starting notch is permissible.
    (5) The sheath slitting cord is considered acceptable if the cord 
can slit the jacket and/

[[Page 704]]

or shield for a continuous length of 0.6 m (2 ft) without breaking the 
cord.

[59 FR 30507, June 14, 1994; 59 FR 34899, July 7, 1994, as amended at 60 
FR 1711, Jan. 5, 1995; 69 FR 18803, Apr. 9, 2004]



Sec. Sec.  1755.871-1755.889  [Reserved]



Sec.  1755.890  RUS specification for filled telephone cables 
with expanded insulation.

    (a) Scope. (1) This section covers the requirements for filled 
telephone cables intended for direct burial installation either by 
trenching or by direct plowing, for underground application by placement 
in a duct, or for aerial installation by attachment to a support strand.
    (i) The conductors are solid copper, individually insulated with an 
extruded cellular insulating compound which may be either totally 
expanded or expanded with a solid skin coating.
    (ii) The insulated conductors are twisted into pairs which are then 
stranded or oscillated to form a cylindrical core.
    (iii) For high frequency applications, the cable core may be 
separated into compartments with screening shields.
    (iv) A moisture resistant filling compound is applied to the 
stranded conductors completely covering the insulated conductors and 
filling the interstices between pairs and units.
    (v) The cable structure is completed by the application of suitable 
core wrapping material, a flooding compound, a shield or a shield/armor, 
and an overall plastic jacket.
    (2) The number of pairs and gauge size of conductors which are used 
within the RUS program are provided in the following table:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
AWG                                              19     22     24     26
 
Pairs                                             6      6      6
                                                 12     12     12
                                                 18     18     18
                                                 25     25     25     25
                                              .....     50     50     50
                                              .....     75     75     75
                                              .....    100    100    100
                                              .....    150    150    150
                                              .....    200    200    200
                                              .....    300    300    300
                                              .....    400    400    400
                                              .....    600    600    600
                                              .....    900    900    900
                                              .....   1000   1000   1000
                                              .....  .....   1200   1200
                                              .....  .....   1500   1500
                                              .....  .....   1800   1800
                                              .....  .....  .....   2100
                                              .....  .....  .....   2400
                                              .....  .....  .....   2700
------------------------------------------------------------------------
Note: Cables larger in pair sizes than those shown in this table must
  meet all requirements of this section.

    (3) Screened cable, when specified, must meet all requirements of 
this section. The pair sizes of screened cables used within the RUS 
program are referenced in paragraph (e)(2)(i) of this section.
    (4) All cables sold to RUS borrowers for projects involving RUS loan 
funds under this section must be accepted by RUS Technical Standards 
Committee ``A'' (Telephone). For cables manufactured to the 
specification of this section, all design changes to an accepted design 
must be submitted for acceptance. RUS will be the sole authority on what 
constitutes a design change.
    (5) Materials, manufacturing techniques, or cable designs not 
specifically addressed by this section may be allowed if accepted by 
RUS. Justification for acceptance of modified materials, manufacturing 
techniques, or cable designs must be provided to substantiate product 
utility and long-term stability and endurance.
    (6) The American National Standard Institute/Insulated Cable 
Engineers Association, Inc. (ANSI/ICEA) S-84-608-1988, Standard For 
Telecommunications Cable, Filled, Polyolefin Insulated, Copper Conductor 
Technical Requirements referenced throughout this section is 
incorporated by reference by RUS. This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies

[[Page 705]]

of ANSI/ICEA S-84-608-1988 are available for inspection during normal 
business hours at RUS, room 2845, U.S. Department of Agriculture, 
Washington, DC 20250, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html. Copies 
are available from ICEA, P. O. Box 440, South Yarmouth, MA 02664, 
telephone number (508) 394-4424.
    (7) American Society for Testing and Materials specifications (ASTM) 
A 505-87, Standard Specification for Steel, Sheet and Strip, Alloy, Hot-
Rolled and Cold-Rolled, General Requirements For; ASTM B 193-87, 
Standard Test Method for Resistivity of Electrical Conductor Materials; 
ASTM B 224-80, Standard Classification of Coppers; ASTM B 694-86, 
Standard Specification for Copper, Copper Alloy, and Copper-Clad 
Stainless Steel Sheet and Strip for Electrical Cable Shielding; ASTM D 
4565-90a, Standard Test Methods for Physical and Environmental 
Performance Properties of Insulations and Jackets for Telecommunications 
Wire and Cable; and ASTM D 4566-90, Standard Test Methods for Electrical 
Performance Properties of Insulations and Jackets for Telecommunications 
Wire and Cable referenced in this section are incorporated by reference 
by RUS. These incorporations by references were approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies of the ASTM standards are available for inspection 
during normal business hours at RUS, room 2845, U.S. Department of 
Agriculture, Washington, DC 20250, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Copies are available from ASTM, 1916 Race Street, 
Philadelphia, PA 19103-1187, telephone number (215) 299-5585.
    (b) Conductors and conductor insulation. (1) The gauge sizes of the 
copper conductors covered by this section must be 19, 22, 24, and 26 
American Wire Gauge (AWG).
    (2) Each conductor must comply with the requirements specified in 
ANSI/ICEA S-84-608-1988, paragraph 2.1.
    (3) Factory joints made in conductors during the manufacturing 
process must comply with the requirements specified in ANSI/ICEA S-84-
608-1988, paragraph 2.2.
    (4) The raw materials used for conductor insulation must comply with 
the requirements specified in ANSI/ICEA S-84-608-1988, paragraphs 3.1 
through 3.1.3.
    (5) The finished conductor insulation must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraphs 3.2.2, 
3.2.3, and 3.3.
    (6) Insulated conductor must not have an overall diameter greater 
than 2 millimeters (mm) (0.081 inch (in.)).
    (7) A permissible overall performance level of faults in conductor 
insulation must average not greater than one fault per 12,000 conductor 
meters (40,000 conductor feet) for each gauge of conductor.
    (i) All insulated conductors must be continuously tested for 
insulation faults during the twinning operation with a method of testing 
acceptable to RUS. The length count and number of faults must be 
recorded. The information must be retained for a period of 6 months and 
be available for review by RUS when requested.
    (ii) The voltages for determining compliance with the requirements 
of this section are as follows:

------------------------------------------------------------------------
                AWG                  Direct Current Voltages (kilovolts)
------------------------------------------------------------------------
19                                                       4.5
22                                                       3.6
24                                                       3.0
26                                                       2.4
------------------------------------------------------------------------

    (8) Repairs to the conductor insulation during manufacture are 
permissible. The method of repair must be accepted by RUS prior to its 
use. The repaired insulation must be capable of meeting the relevant 
electrical requirements of this section.
    (9) All repaired sections of insulation must be retested in the same 
manner as originally tested for compliance with paragraph (b)(7) of this 
section.

[[Page 706]]

    (10) The colored insulating material removed from or tested on the 
conductor, from a finished cable, must meet the performance requirements 
specified in ANSI/ICEA S-84-608-1988, paragraphs 3.4.1 through 3.4.6.
    (c) Identification of pairs and twisting of pairs. (1) The 
insulation must be colored to identify:
    (i) The tip and ring conductor of each pair; and
    (ii) Each pair in the completed cable.
    (2) The colors to be used in the pairs in the 25 pair group, 
together with the pair numbers must be in accordance with the table 
specified in ANSI/ICEA S-84-608-1988, paragraph 3.5.
    (3) Positive identification of the tip and ring conductors of each 
pair by marking each conductor of a pair with the color of its mate is 
permissible. The method of marking must be accepted by RUS prior to its 
use.
    (4) Other methods of providing positive identification of the tip 
and ring conductors of each pair may be employed if accepted by RUS 
prior to its use.
    (5) The insulated conductors must be twisted into pairs.
    (6) In order to provide sufficiently high crosstalk isolation, the 
pair twists must be designed to enable the cable to meet the capacitance 
unbalance and crosstalk loss requirements of paragraphs (k)(5), (k)(6), 
and (k)(8) this section.
    (7) The average length of pair twists in any pair in the finished 
cable, when measured on any 3 meter (10 foot) length, must not exceed 
the requirement specified in ANSI/ICEA S-84-608-1988, paragraph 3.5.
    (d) Forming of the cable core. (1) Twisted pairs must be assembled 
in such a way as to form a substantially cylindrical group.
    (2) When desired for lay-up reasons, the basic group may be divided 
into two or more subgroups called units.
    (3) Each group, or unit in a particular group, must be enclosed in 
bindings of the colors indicated for its particular pair count. The pair 
count, indicated by the colors of insulation, must be consecutive as 
indicated in paragraph (d)(6) of this section through units in a group.
    (4) The filling compound must be applied to the cable core in such a 
way as to provide as near a completely filled core as is commercially 
practical.
    (5) Threads and tapes used as binders must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraphs 4.2 and 
4.2.1.
    (6) The colors of the bindings and their significance with respect 
to pair count must be as follows:

------------------------------------------------------------------------
Group
 No.                Color of Bindings                 Group Pair Count
------------------------------------------------------------------------
1      White-Blue................................                  1-25
2      White-Orange..............................                 26-50
3      White-Green...............................                 51-75
4      White-Brown...............................                76-100
5      White-Slate...............................               101-125
6      Red-Blue..................................               126-150
7      Red-Orange................................               151-175
8      Red-Green.................................               176-200
9      Red-Brown.................................               201-225
10     Red-Slate.................................               226-250
11     Black-Blue................................               251-275
12     Black-Orange..............................               276-300
13     Black-Green...............................               301-325
14     Black-Brown...............................               326-350
15     Black-Slate...............................               351-375
16     Yellow-Blue...............................               376-400
17     Yellow-Orange.............................               401-425
18     Yellow-Green..............................               426-450
19     Yellow-Brown..............................               451-475
20     Yellow-Slate..............................               476-500
21     Violet-Blue...............................               501-525
22     Violet-Orange.............................               526-550
23     Violet-Green..............................               551-575
24     Violet-Brown..............................               576-600
------------------------------------------------------------------------

    (7) The use of the white unit binder in cables of 100 pairs or less 
is optional.
    (8) When desired for manufacturing reasons, two or more 25 pair 
groups may be bound together with nonhygroscopic and nonwicking threads 
or tapes into a super-unit. Threads or tapes must meet the requirements 
specified in paragraph (d)(5) of this section. The group binders and the 
super-unit binders must be color coded such that the combination of the 
two binders must positively identify each 25 pair group from every other 
25 pair group in the cable. Super-unit binders must be of the color 
shown in the following table:

[[Page 707]]



                        Super-Unit Binder Colors
------------------------------------------------------------------------
            Pair Numbers                         Binder Color
------------------------------------------------------------------------
1-600                                                  White
601-1200                                                 Red
1201-1800                                              Black
1801-2400                                             Yellow
2401-3000                                             Violet
3001-3600                                               Blue
3601-4200                                             Orange
4201-4800                                              Green
4801-5400                                              Brown
5401-6000                                              Slate
------------------------------------------------------------------------

    (9) Color binders must not be missing for more than 90 meters (300 
feet) from any 25 pair group or from any subgroup used as part of a 
super-unit. At any cable cross-section, no adjacent 25 pair groups and 
no more than one subgroup of any super-unit may have missing binders. In 
no case must the total number of missing binders exceed three. Missing 
super-unit binders must not be permitted for any distance.
    (10) Any reel of cable which contains missing binders must be 
labeled indicating the colors and location of the binders involved. The 
labeling must be applied to the reel and also to the cable.
    (e) Screened cable. (1) Screened cable must be constructed such that 
a metallic, internal screen(s) must be provided to separate and provide 
sufficient isolation between the compartments to meet the requirements 
of this section.
    (2) At the option of the user or manufacturer, identified service 
pairs providing for voice order and fault location may be placed in 
screened cables.
    (i) The number of service pairs provided must be one per twenty-five 
operating pairs plus two for a cable size up to and including 400 pairs, 
subject to a minimum of four service pairs. The pair counts for screened 
cables are as follows:

                       Screened Cable Pair Counts
------------------------------------------------------------------------
   Carrier Pair Count          Service Pairs          Total Pair Count
------------------------------------------------------------------------
24                                    4                      28
50                                    4                      54
100                                   6                     106
150                                   8                     158
200                                  10                     210
300                                  14                     314
400                                  18                     418
------------------------------------------------------------------------

    (ii) The service pairs must be equally divided among the 
compartments. The color sequence must be repeated in each compartment.
    (iii) The electrical and physical characteristics of each service 
pair must meet all the requirements set forth in this section.
    (iv) The colors used for the service pairs must be in accordance 
with the requirements of paragraph (b)(5) of this section. The color 
code used for the service pairs together with the service pair number 
are shown in the following table:

                      Color Code For Service Pairs
------------------------------------------------------------------------
                                                   Color
        Service Pair No.         ---------------------------------------
                                          Tip                Ring
------------------------------------------------------------------------
1                                 White.............  Red
2                                  ``...............  Black
3                                  ``...............  Yellow
4                                  ``...............  Violet
5                                 Red...............  Black
6                                  ``...............  Yellow
7                                  ``...............  Violet
8                                 Black.............  Yellow
9                                  ``...............  Violet
------------------------------------------------------------------------

    (3) The screen tape must comply with the requirements specified in 
ANSI/ICEA S-84-608-1988, paragraphs 5.1 through 5.4.
    (4) The screen tape must be tested for dielectric strength by 
completely removing the protective coating from one end to be used for 
grounding purposes.
    (i) Using an electrode, over a 30 centimeter (1 foot) length, apply 
a direct current (dc) voltage at the rate of rise of 500 volts/second 
until failure.
    (ii) No breakdown should occur below 8 kilovolts.
    (f) Filling compound. (1) After or during the stranding operation 
and prior to application of the core wrap, filling compound must be 
applied to the cable core. The compound must be as nearly colorless as 
is commercially feasible and consistent with the end product 
requirements and pair identification.
    (2) The filling compound must comply with the requirements specified 
in ANSI/ICEA S-84-608-1988, paragraphs 4.4 through 4.4.4.
    (3) The individual cable manufacturer must satisfy RUS that the 
filling compound selected for use is suitable for its intended 
application. The filling compound must be applied to the cable

[[Page 708]]

in such a manner that the cable components will not be degraded.
    (g) Core wrap. (1) The core wrap must comply with the requirements 
specified in ANSI/ICEA-S-84-608-1988, paragraph 4.3.
    (2) If required for manufacturing reasons, white or colored binders 
of nonhygroscopic and nonwicking material may be applied over the core 
and/or wrap. When used, binders must meet the requirements specified in 
paragraph (d)(5) of this section.
    (3) Sufficient filling compound must have been applied to the core 
wrap so that voids or air spaces existing between the core and the inner 
side of the core wrap are minimized.
    (h) Flooding compound. (1) Sufficient flooding compound must be 
applied on all sheath interfaces so that voids and air spaces in these 
areas are minimized. When the optional armored design is used, the 
flooding compound must be applied between the core wrap and shield, 
between the shield and armor, and between the armor and the jacket so 
that voids and air spaces in these areas are minimized. The use of 
floodant over the outer metallic substrate is not required if uniform 
bonding, per paragraph (i)(7) of this section, is achieved between the 
plastic-clad metal and the jacket.
    (2) The flooding compound must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 4.5 and the jacket slip 
test requirements of appendix A, paragraph (III)(5) of this section.
    (3) The individual cable manufacturer must satisfy RUS that the 
flooding compound selected for use is acceptable for the application.
    (i) Shield and optional armor. (1) A single corrugated shield must 
be applied longitudinally over the core wrap.
    (2) For unarmored cable the shield overlap must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 6.3.2. Core 
diameter is defined as the diameter under the core wrap and binding.
    (3) For cables containing the coated aluminum shield/coated steel 
armor (CACSP) sheath design, the coated aluminum shield must be applied 
in accordance with the requirements specified in ANSI/ICEA S-84-608-
1988, paragraph 6.3.2, Dual Tape Shielding System.
    (4) General requirements for application of the shielding material 
are as follows:
    (i) Successive lengths of shielding tapes may be joined during the 
manufacturing process by means of cold weld, electric weld, soldering 
with a nonacid flux or other acceptable means.
    (ii) Shield splices must comply with the requirements specified in 
ANSI/ICEA S-84-608-1988, paragraph 6.3.3.
    (iii) The corrugations and the application process of the coated 
aluminum and copper bearing shields must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 6.3.1.
    (iv) The shielding material must be applied in such a manner as to 
enable the cable to pass the cold bend test specified in paragraph 
(l)(3) of this section.
    (5) The following is a list of acceptable materials for use as cable 
shielding. Other types of shielding materials may also be used provided 
they are accepted by RUS prior to their use.

------------------------------------------------------------------------
              Standard Cable                   Gopher Resistant Cable
------------------------------------------------------------------------
8-mil Coated Aluminum \1\                   10-mil Copper
5-mil Copper                                6-mil Copper-Clad
                                            Stainless Steel
                                            5 mil Copper-Clad
                                            Stainless Steel
                                            5 mil Copper-Clad Alloy
                                            Steel
                                            7-mil Alloy 194
                                            6-mil Alloy 194
                                            8-mil Coated Aluminum \1\
                                            and 6-mil Coated Steel \1\
------------------------------------------------------------------------
\1\ Dimensions of uncoated metal.

    (i) The 8-mil aluminum tape must be plastic coated on both sides and 
must comply with the requirements of ANSI/ICEA S-84-608-1988, paragraph 
6.2.2.
    (ii) The 5-mil copper tape must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 6.2.3.
    (iii) The 10-mil copper tape must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 6.2.4.
    (iv) The 6-mil copper clad stainless steel tape must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 6.2.5.

[[Page 709]]

    (v) The 5-mil copper clad stainless steel tape must be in the fully 
annealed condition and must conform to the requirements of American 
Society for Testing and Materials (ASTM) B 694-86, with a cladding ratio 
of 16/68/16.
    (A) The electrical conductivity of the clad tape must be a minimum 
of 28 percent of the International Annealed Copper Standard (IACS) when 
measured per ASTM B 193-87.
    (B) The tape must be nominally 0.13 millimeter (0.005 inch) thick 
with a minimum thickness of 0.11 millimeter (0.0045 inch).
    (vi) The 5-mil copper clad alloy steel tape must be in the fully 
annealed condition and the copper component must conform to the 
requirements of ASTM B 224-80 and the alloy steel component must conform 
to the requirements of ASTM A 505-87, with a cladding ratio of 16/68/16.
    (A) The electrical conductivity of the copper clad alloy steel tape 
must comply with the requirement specified in (5)(v)(A) of this section.
    (B) The thickness of the copper clad alloy steel tape must comply 
with the requirements specified in (5)(v)(B) of this section.
    (vii) The 6-mil and 7-mil 194 copper alloy tapes must comply with 
the requirements specified in ANSI/ICEA S-84-608-1988, paragraph 6.2.6.
    (6) The corrugation extensibility of the coated aluminum shield must 
comply with the requirements specified in ANSI/ICEA S-84-608-1988, 
paragraph 6.4.
    (7) When the jacket is bonded to the plastic coated aluminum shield, 
the bond between the jacket and shield must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 7.2.6.
    (8) A single plastic coated steel corrugated armor must be applied 
longitudinally directly over the coated aluminum shield listed in 
paragraph (i)(5) of this section with an overlap complying with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 6.3.2, 
Outer Steel Tape.
    (9) Successive lengths of steel armoring tapes may be joined during 
the manufacturing process by means of cold weld, electric weld, 
soldering with a nonacid flux or other acceptable means. Armor splices 
must comply with the breaking strength and resistance requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 6.3.3.
    (10) The corrugations and the application process of the coated 
steel armor must comply with the requirements specified in ANSI/ICEA S-
84-608-1988, paragraph 6.3.1.
    (i) The corrugations of the armor tape must coincide with the 
corrugations of the coated aluminum shield.
    (ii) Overlapped portions of the armor tape must be in register 
(corrugations must coincide at overlap) and in contact at the outer 
edge.
    (11) The armoring material must be so applied to enable the cable to 
pass the cold bend test specified in paragraph (l)(3) of this section.
    (12) The 6-mil steel tape must be electrolytic chrome coated steel 
(ECCS) plastic coated on both sides and must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 6.2.8.
    (13) When the jacket is bonded to the plastic coated steel armor, 
the bond between the jacket and armor must comply with the requirement 
specified in ANSI/ICEA-S-84-608-1988, paragraph 7.2.6.
    (j) Cable jacket. (1) The jacket must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 7.2.
    (2) The raw materials used for the cable jacket must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 7.2.1.
    (3) Jacketing material removed from or tested on the cable must meet 
the performance requirements specified in ANSI/ICEA S-84-608-1988, 
paragraphs 7.2.3 and 7.2.4.
    (4) The thickness of the jacket must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 7.2.2.
    (k) Electrical requirements--(1) Conductor resistance. The direct 
current resistance of any conductor in a completed cable and the average 
resistance of all conductors in a Quality Control Lot must comply with 
the requirements specified in ANSI/ICEA S-84-608-1988, paragraph 8.1.
    (2) Resistance unbalance. (i) The direct current resistance 
unbalance between the two conductors of any pair in a

[[Page 710]]

completed cable and the average resistance unbalance of all pairs in a 
completed cable must comply with the requirements specified in ANSI/ICEA 
S-84-608-1988, paragraph 8.2.
    (ii) The resistance unbalance between tip and ring conductors shall 
be random with respect to the direction of unbalance. That is, the 
resistance of the tip conductors shall not be consistently higher with 
respect to the ring conductors and vice versa.
    (3) Mutual capacitance. The average mutual capacitance of all pairs 
in a completed cable and the individual mutual capacitance of any pair 
in a completed cable must comply with the requirements specified in 
ANSI/ICEA S-84-608-1988, paragraph 8.3.
    (4) Capacitance difference. (i) The capacitance difference for 
completed cables having 75 pairs or greater must comply with the 
requirement specified in ANSI/ICEA S-84-608-1988, paragraph 8.4.
    (ii) When measuring screened cable, the inner and outer pairs must 
be selected from both sides of the screen.
    (5) Pair-to-pair capacitance unbalance--(i) Pair-to-pair. The 
capacitance unbalance as measured on the completed cable must comply 
with the requirements specified in ANSI/ICEA S-84-608-1988, paragraph 
8.5.
    (ii) Screened cable. In cables with 25 pairs or less and within each 
group of multigroup cables, the pair-to-pair capacitance unbalance 
between any two pairs in an individual compartment must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 8.5. The 
pair-to-pair capacitance unbalances to be considered must be:
    (A) Between pairs adjacent in a layer in an individual compartment;
    (B) Between pairs in centers of 4 pairs or less in an individual 
compartment; and
    (C) Between pairs in adjacent layers in an individual compartment 
when the number of pairs in the inner (smaller) layer is 6 or less. The 
center is counted as a layer.
    (iii) In cables with 25 pairs or less, the root-mean-square (rms) 
value is to include all the pair-to-pair unbalances measured for each 
compartment separately.
    (iv) In cables containing more than 25 pairs, the rms value must 
include the pair-to-pair unbalances in the separate compartments.
    (6) Pair-to-ground capacitance unbalance--(i) Pair-to-ground. The 
capacitance unbalance as measured on the completed cable must comply 
with the requirements specified in ANSI/ICEA S-84-608-1988, paragraph 
8.6.
    (ii) When measuring pair-to-ground capacitance unbalance all pairs 
except the pair under test are grounded to the shield and/or shield/
armor except when measuring cables containing super units in which case 
all other pairs in the same super unit must be grounded to the shield.
    (iii) The screen tape must be left floating during the test.
    (iv) Pair-to-ground capacitance unbalance may vary directly with the 
length of the cable.
    (7) Attenuation. (i) For nonscreened and screened cables, the 
average attenuation of all pairs on any reel when measured at 150 and 
772 kilohertz must comply with the requirements specified in ANSI/ICEA 
S-84-608-1988, paragraph 8.7, Foam and/or Foam-Skin Column.
    (ii) For T1C type cables over 12 pairs, the maximum average 
attenuation of all pairs on any reel must not exceed the values listed 
below when measured at a frequency of 1576 kilohertz at or corrected to 
a temperature of 20 1 [deg]C. The test must be 
conducted in accordance with ASTM D 4566-90.

------------------------------------------------------------------------
                                                         Maximum Average
                                                           Attenuation
                                                             decibel/
                          AWG                             kilometer (dB/
                                                          km) (decibel/
                                                              mile)
------------------------------------------------------------------------
19.....................................................    14.9 (24.0)
22.....................................................    21.6 (34.8)
24.....................................................    27.2 (43.8)
------------------------------------------------------------------------

    (8) Crosstalk loss. (i) The equal level far-end power sum crosstalk 
loss (FEXT) as measured on the completed cable must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 8.8, FEXT 
Table.
    (ii) The near-end power sum crosstalk loss (NEXT) as measured on 
completed cable must comply with the requirements specified in ANSI/ICEA 
S-84-608-1988, paragraph 8.8, NEXT Table.

[[Page 711]]

    (iii) Screened cable. (A) For screened cables the NEXT as measured 
on the completed cable must comply with the requirements specified in 
ANSI/ICEA S-84-608-1988, paragraphs 8.9 and 8.9.1.
    (B) For T1C screened cable the NEXT as measured on the completed 
cable must comply with the requirements specified in ANSI/ICEA S-84-608-
1988, paragraphs 8.9 and 8.9.2.
    (9) Insulation resistance. The insulation resistance of each 
insulated conductor in a completed cable must comply with the 
requirement specified in ANSI/ICEA S-84-608-1988, paragraph 8.11.
    (10) High voltage test. (i) In each length of completed cable, the 
insulation between conductors must comply with the requirements 
specified in ANSI/ICEA S-84-608-1988, paragraph 8.12, Foam and/or Foam-
Skin Column.
    (ii) In each length of completed cable, the dielectric between the 
shield and/or armor and conductors in the core must comply with the 
requirements specified in ANSI/ICEA S-84-608-1988, paragraph 8.13, 
Single Jacketed, Foam and/or Foam-Skin Column. In screened cable the 
screen tape must be left floating.
    (iii) Screened cable. (A) In each length of completed screened 
cable, the dielectric between the screen tape and the conductors in the 
core must comply with the requirement specified in ANSI/ICEA S-84-608-
1988, paragraph 8.14.
    (B) In this test, the cable shield and/or armor must be left 
floating.
    (11) Electrical variations. (i) Pairs in each length of cable having 
either a ground, cross, short, or open circuit condition will not be 
permitted.
    (ii) The maximum number of pairs in a cable which may vary as 
specified in paragraph (k)(11)(iii) of this section from the electrical 
parameters given in this section are listed below. These pairs may be 
excluded from the arithmetic calculation.

------------------------------------------------------------------------
                                                               Maximum
                                                              Number of
                                                              Pairs With
                     Nominal Pair Count                       Allowable
                                                              Electrical
                                                              Variation
------------------------------------------------------------------------
6-100......................................................            1
101-300....................................................            2
301-400....................................................            3
401-600....................................................            4
601 and above..............................................            6
------------------------------------------------------------------------

    (iii) Parameter variations. (A) Capacitance unbalance-to-ground. If 
the cable fails either the maximum individual pair or average 
capacitance unbalance-to-ground requirement and all individual pairs are 
3937 picofarad/kilometer (1200 picofarad/1000 feet) or less, the number 
of pairs specified in paragraph (k)(11)(ii) of this section may be 
eliminated from the average and maximum individual calculations.
    (B) Resistance unbalance. Individual pair of 7 percent for all 
gauges.
    (C) Conductor resistance, maximum. The following table shows maximum 
conductor resistance:

------------------------------------------------------------------------
                                                                 (ohms/
                        AWG                            ohms/      1000
                                                     kilometer    feet)
------------------------------------------------------------------------
19                                                      29.9      (9.1)
22                                                      60.0     (18.3)
24                                                      94.5     (28.8)
26                                                     151.6     (46.2)
------------------------------------------------------------------------
Note: RUS recognizes that in large pair count cable (600 pair and above)
  a cross, short, or open circuit condition occasionally may develop in
  a pair which does not affect the performance of the other cable pairs.
  In these circumstances rejection of the entire cable may be
  economically unsound or repairs may be impractical. In such
  circumstances the manufacturer may desire to negotiate with the
  customer for acceptance of the cable. No more than 0.5 percent of the
  pairs may be involved.

    (l) Mechanical requirements--(1) Compound flow test. All cables 
manufactured in accordance with the requirements of this section must be 
capable of meeting the compound flow test specified in ANSI/ICEA S-84-
608-1988, paragraph 9.1 using a test temperature of 80 1 [deg]C.
    (2) Water penetration test. All cables manufactured in accordance 
with the requirements of this section must be capable of meeting the 
water penetration test specified in ANSI/ICEA S-84-608-1988, paragraph 
9.2.
    (3) Cable cold bend test. All cables manufactured in accordance with 
the requirements of this section must be capable of meeting the cable 
cold bend test specified in ANSI/ICEA S-84-608-1988, paragraph 9.3.

[[Page 712]]

    (4) Cable impact test. All cables manufactured in accordance with 
the requirements of this section must be capable of meeting the cable 
impact test specified in ANSI/ICEA S-84-608-1988, paragraph 9.4.
    (5) Jacket notch test (CACSP sheath only). All cables utilizing the 
coated aluminum/coated steel sheath (CACSP) design manufactured in 
accordance with the requirements of this section must be capable of 
meeting the jacket notch test specified in ANSI/ICEA S-84-608-1988, 
paragraph 9.5.
    (6) Cable torsion test (CACSP sheath only). All cables utilizing the 
coated aluminum/coated steel sheath (CACSP) design manufactured in 
accordance with the requirements of this section must be capable of 
meeting the cable torsion test specified in ANSI/ICEA S-84-608-1988, 
paragraph 9.6.
    (m) Sheath slitting cord (optional). (1) Sheath slitting cord may be 
used in the cable structure at the option of the manufacturer unless 
specified by the end user.
    (2) When a sheath slitting cord is used it must be nonhygroscopic 
and nonwicking, continuous throughout a length of cable and of 
sufficient strength to open the sheath without breaking the cord.
    (n) Identification marker and length marker. (1) Each length of 
cable must be identified in accordance with ANSI/ICEA S-84-608-1988, 
paragraphs 10.1 through 10.1.4. The color of the ink used for the 
initial outer jacket marking must be either white or silver.
    (2) The markings must be printed on the jacket at regular intervals 
of not more than 0.6 meter (2 feet).
    (3) The completed cable must have sequentially numbered length 
markers in accordance with ANSI/ICEA S-84-608-1988, paragraph 10.1.5. 
The color of the ink used for the initial outer jacket marking must be 
either white or silver.
    (o) Preconnectorized cable (optional). (1) At the option of the 
manufacturer and upon request by the purchaser, cables 100 pairs and 
larger may be factory terminated in 25 pair splicing modules.
    (2) The splicing modules must meet the requirements of RUS Bulletin 
345-54, PE-52, RUS Specification for Telephone Cable Splicing Connectors 
(Incorporated by Reference at Sec.  1755.97), and be accepted by RUS 
prior to their use.
    (p) Acceptance testing and extent of testing. (1) The tests 
described in appendix A of this section are intended for acceptance of 
cable designs and major modifications of accepted designs. What 
constitutes a major modification is at the discretion of RUS. These 
tests are intended to show the inherent capability of the manufacturer 
to produce cable products having long life and stability.
    (2) For initial acceptance, the manufacturer must submit:
    (i) An original signature certification that the product fully 
complies with each section of the specification;
    (ii) Qualification Test Data, per appendix A of this section;
    (iii) To periodic plant inspections;
    (iv) A certification that the product does or does not comply with 
the domestic origin manufacturing provisions of the ``Buy American'' 
requirements of the Rural Electrification Act of 1938 (7 U.S.C. 901 et 
seq.);
    (v) Written user testimonials concerning field performance of the 
product; and
    (vi) Other nonproprietary data deemed necessary by the Chief, 
Outside Plant Branch (Telephone).
    (3) For requalification acceptance, the manufacturer must submit an 
original signature certification that the product fully complies with 
each section of the specification, excluding the Qualification Section, 
and a certification that the product does or does not comply with the 
domestic origin manufacturing provisions of the ``Buy American'' 
requirements of the Rural Electrification Act of 1938 (7 U.S.C. 901 et 
seq.), for acceptance by August 30 of each year. The required data must 
have been gathered within 90 days of the submission. If the initial 
acceptance of a product to this specification was within 180 days of 
August 30, then requalification for that product will not be required 
for that year.
    (4) Initial and requalification acceptance requests should be 
addressed to:

Chairman, Technical Standards Committee ``A'' (Telephone), 
Telecommunications Standard Division, Rural Utilities Service, 
Washington, DC 20250-1500.


[[Page 713]]


    (5) Tests on 100 percent of completed cable. (i) The shield and/or 
armor of each length of cable must be tested for continuity in 
accordance with ANSI/ICEA S-84-608-1988, paragraph 8.16.
    (ii) The screen tape of each length of screened cable must be tested 
for continuity in accordance with ANSI/ICEA S-84-608-1988, paragraph 
8.16.
    (iii) Dielectric strength between conductors and shield and/or armor 
must be tested to determine freedom from grounds in accordance with 
paragraph (k)(10)(ii) of this section.
    (iv) Dielectric strength between conductors and screen tape must be 
tested to determine freedom from grounds in accordance with paragraph 
(k)(10)(iii) of this section.
    (v) Each conductor in the completed cable must be tested for 
continuity in accordance with ANSI/ICEA S-84-608-1988, paragraph 8.16.
    (vi) Dielectric strength between conductors, in each length of 
completed cable, must be tested to insure freedom from shorts and 
crosses in each length of completed cable in accordance with paragraph 
(k)(10)(i) of this section.
    (vii) Each conductor in the completed preconnectorized cable must be 
tested for continuity.
    (viii) Each length of completed preconnectorized cable must be 
tested for split pairs.
    (ix) The average mutual capacitance must be measured on all cables. 
If the average mutual capacitance for the first 100 pairs tested from 
randomly selected groups is between 50 and 53 nanofarads/kilometer (nF/
km) (80 and 85 nanofarad/mile), the remainder of the pairs need not be 
tested on the 100 percent basis (See paragraph (k)(3) of this section).
    (6) Capability tests. Tests on a quality assurance basis must be 
made as frequently as is required for each manufacturer to determine and 
maintain compliance with:
    (i) Performance requirements for conductor insulation, jacketing 
material, and filling and flooding compounds;
    (ii) Bonding properties of coated or laminated shielding and 
armoring materials and performance requirements for screen tape;
    (iii) Sequential marking and lettering;
    (iv) Capacitance difference, capacitance unbalance, crosstalk, and 
attenuation;
    (v) Insulation resistance, conductor resistance, and resistance 
unbalance;
    (vi) Cable cold bend and cable impact tests;
    (vii) Water penetration and compound flow tests; and
    (viii) Jacket notch and cable torsion tests.
    (q) Summary of records of electrical and physical tests. (1) Each 
manufacturer must maintain suitable summary records for a period of at 
least 3 years of all electrical and physical tests required on completed 
cable by this section as set forth in paragraphs (p)(5) and (p)(6) of 
this section. The test data for a particular reel must be in a form that 
it may be readily available to the purchaser or to RUS upon request.
    (2) Measurements and computed values must be rounded off to the 
number of places or figures specified for the requirement according to 
ANSI/ICEA S-84-608-1988, paragraph 1.3.
    (r) Manufacturing irregularities. (1) Repairs to the shield and/or 
armor are not permitted in cable supplied to end users under this 
section.
    (2) Minor defects in jackets (defects having a dimension of 3 
millimeters (0.125 inch.) or less in any direction) may be repaired by 
means of heat fusing in accordance with good commercial practices 
utilizing sheath grade compounds.
    (s) Preparation for shipment. (1) The cable must be shipped on 
reels. The diameter of the drum must be large enough to prevent damage 
to the cable from reeling or unreeling. The reels must be substantial 
and so constructed as to prevent damage to the cable during shipment and 
handling.
    (2) The thermal wrap must comply with the requirements of ANSI/ICEA 
S-84-608-1988, paragraph 10.3. When a thermal reel wrap is supplied, the 
wrap must be applied to the reel and must be suitably secured in place 
to minimize thermal exposure to the cable during storage and shipment. 
The use of the thermal reel wrap as a means of reel protection will be 
at the option of the

[[Page 714]]

manufacturer unless specified by the end user.
    (3) The outer end of the cable must be securely fastened to the reel 
head so as to prevent the cable from becoming loose in transit. The 
inner end of the cable must be securely fastened in such a way as to 
make it readily available if required for electrical testing. Spikes, 
staples, or other fastening devices which penetrate the cable jacket 
must not be used. The method of fastening the cable ends must be 
acceptable to RUS and accepted prior to its use.
    (4) Each length of cable must be wound on a separate reel unless 
otherwise specified or agreed to by the purchaser.
    (5) The arbor hole must admit a spindle 63 millimeters (2.5 inches) 
in diameter without binding. Steel arbor hole liners may be used but 
must be accepted by RUS prior to their use.
    (6) Each reel must be plainly marked to indicate the direction in 
which it should be rolled to prevent loosening of the cable on the reel.
    (7) Each reel must be stenciled or labeled on either one or both 
sides with the information specified in ANSI/ICEA S-84-608-1988, 
paragraph 10.4 and the RUS cable designation:

Cable Designation

BFCE
Cable Construction
Pair Count
Conductor Gauge

E = Expanded Insulation
A = Coated Aluminum Shield
C = Copper Shield
Y = Gopher Resistant Shield
X = Armored, Separate Shield
H = T1 Screened Cable
H1C = T1C Screened Cable
P = Preconnectorized

 Example: BFCEXH100-22

Buried Filled Cable, Expanded Insulation, Armored (w/separate shield), 
T1 Screened Cable, 100 pair, 22 AWG.

    (8) When cable manufactured to the requirements of this 
specification is shipped, both ends must be equipped with end caps 
acceptable to RUS.
    (9) When preconnectorized cables are shipped, the splicing modules 
must be protected to prevent damage during shipment and handling. The 
protection method must be acceptable to RUS and accepted prior to its 
use.
    (10) All cables ordered for use in underground duct applications 
must be equipped with a factory-installed pulling-eye on the outer end 
in accordance with ANSI/ICEA S-84-608-1988, paragraph 10.5.2.

(The information and recordkeeping requirements of this section have 
been approved by the Office of Management and Budget (OMB) under the 
control number 0572-0059)

        Appendix A to Sec.  1755.890--Qualification Test Methods

    (I) The test procedures described in this appendix are for 
qualification of initial cable designs and major modifications of 
accepted designs. Included in (V) of this appendix are suggested formats 
that may to be used in submitting test results to RUS.
    (II) Sample selection and preparation. (1) All testing must be 
performed on lengths removed sequentially from the same 25 pair, 22 
gauge jacketed cable. This cable must not have been exposed to 
temperatures in excess of 38 [deg]C since its initial cool down after 
sheathing. The lengths specified are minimum lengths and if desirable 
from a laboratory testing standpoint longer lengths may be used.
    (a) Length A must be 10 0.2 meters (33 0.5 feet) long and must be maintained at 23 3 [deg]C. One length is required.
    (b) Length B must be 12 0.2 meters (40 0.5 feet) long. Prepare the test sample by removing the 
jacket, shield or shield/armor, and core wrap for a sufficient distance 
on both ends to allow the insulated conductors to be flared out. Remove 
sufficient conductor insulation so that appropriate electrical test 
connections can be made at both ends. Coil the sample with a diameter of 
15 to 20 times its sheath diameter. Three lengths are required.
    (c) Length C must be one meter (3 feet) long. Four lengths are 
required.
    (d) Length D must be 300 millimeters (1 foot) long. Four lengths are 
required.
    (e) Length E must be 600 millimeters (2 feet) long. Four lengths are 
required.
    (f) Length F must be 3 meters (10 feet) long and must be maintained 
at 23 3 [deg]C for the duration of the test. Two 
lengths are required.
    (2) Data reference temperature. Unless otherwise specified, all 
measurements must be made at 23 3 [deg]C.
    (III) Environmental tests--(1) Heat aging test--(a) Test samples. 
Place one sample each of lengths B, C, D, and E in an oven or 
environmental chamber. The ends of Sample B must exit from the chamber 
or oven for electrical tests. Securely seal the oven exit holes.

[[Page 715]]

    (b) Sequence of tests. The samples are to be subjected to the 
following tests after conditioning:
    (i) Water Immersion Test outlined in (III)(2) of this appendix;
    (ii) Water Penetration Test outlined in (III)(3) of this appendix;
    (iii) Insulation Compression Test outlined in (III)(4) of this 
appendix; and
    (iv) Jacket Slip Strength Test outlined in (III)(5) of this 
appendix.
    (c) Initial Measurements. (i) For Sample B measure the open circuit 
capacitance for each odd numbered pair at 1, 150, and 772 kilohertz, and 
the attenuation at 150 and 772 kilohertz after conditioning the sample 
at the data reference temperature for 24 hours. Calculate the average 
and standard deviation for the data of the 13 pairs on a per kilometer 
or (on a per mile) basis.
    (ii) The attenuation at 150 and 772 kilohertz may be calculated from 
open circuit admittance (Yoc) and short circuit impedance (Zsc) or may 
be obtained by direct measurement of attenuation.
    (iii) Record on suggested formats in (V) of this appendix or on 
other easily readable formats.
    (d) Heat conditioning. (i) Immediately after completing the initial 
measurements, condition the sample for 14 days at a temperature of 65 
2 [deg]C.
    (ii) At the end of this period note any exudation of cable filler. 
Measure and calculate the parameters given in (III)(1)(c) of this 
appendix. Record on suggested formats in (V) of this appendix or other 
easily readable formats.
    (iii) Cut away and discard a one meter (3 foot) section from each 
end of length B.
    (e) Overall electrical deviation. (i) Calculate the percent change 
in all average parameters between the final parameters after 
conditioning and the initial parameters in (III)(1)(c) of this appendix.
    (ii) The stability of the electrical parameters after completion of 
this test must be within the following prescribed limits:
    (A) Capacitance. The average mutual capacitance must be within 5 
percent of its original value;
    (B) The change in average mutual capacitance must be less than 5 
percent over frequency 1 to 150 kilohertz; and
    (C) Attenuation. The 150 and 772 kilohertz attenuation must not have 
increased by more than 5 percent over their original values.
    (2) Water immersion electrical test--(a) Test sample selection. The 
10 meter (33 foot) section of length B must be tested.
    (b) Test sample preparation. Prepare the sample by removing the 
jacket, shield or shield/armor, and core wrap for sufficient distance to 
allow one end to be accessed for test connections. Cut out a series of 6 
millimeter (0.25 inch.) diameter holes along the test sample, at 30 
centimeters (1 foot) intervals progressing successively 90 degrees 
around the circumference of the cable. Assure that the cable core is 
exposed at each hole by slitting the core wrapper. Place the prepared 
sample in a dry vessel which when filled will maintain a one meter (3 
foot) head of water over 6 meters (20 feet) of uncoiled cable. Extend 
and fasten the ends of the cable so they will be above the water line 
and the pairs are rigidly held for the duration of the test.
    (c) Capacitance testing. Measure the initial values of mutual 
capacitance of all odd pairs in each cable at a frequency of 1 kilohertz 
before filling the vessel with water. Be sure the cable shield or 
shield/armor is grounded to the test equipment. Fill the vessels until 
there is a one meter (3 foot) head of water on the cables.
    (i) Remeasure the mutual capacitance after the cables have been 
submerged for 24 hours and again after 30 days.
    (ii) Record each sample separately on suggested formats attached or 
on other easily readable formats.
    (d) Overall electrical deviation. (i) Calculate the percent change 
in all average parameters between the final parameters after 
conditioning with the initial parameters in (III)(2)(c) of this 
appendix.
    (ii) The average mutual capacitance must be within 5 percent of its 
original value.
    (3) Water penetration testing. (a) A watertight closure must be 
placed over the jacket of length C. The closure must not be placed over 
the jacket so tightly that the flow of water through pre-existing voids 
of air spaces is restricted. The other end of the sample must remain 
open.
    (b) Test per Option A or Option B--(i) Option A. Weigh the sample 
and closure prior to testing. Fill the closure with water and place 
under a continuous pressure of 10 0.7 kilopascals 
(1.5 0.1 pounds per square inch gauge) for one 
hour. Collect the water leakage from the end of the test sample during 
the test and weigh to the nearest 0.1 gram. Immediately after the one 
hour test, seal the ends of the cable with a thin layer of grease and 
remove all visible water from the closure, being careful not to remove 
water that penetrated into the core during the test. Reweigh the sample 
and determine the weight of water that penetrated into the core. The 
weight of water that penetrated into the core must not exceed 6 grams.
    (ii) Option B. Fill the closure with a 0.2 gram sodium fluorscein 
per liter water solution and apply a continuous pressure 10 0.7 kilopascals (1.5 0.1 pounds 
per square inch gauge) for one hour. Catch and weigh any water that 
leaks from the end of the cable during the one hour period. If no water 
leaks from the sample, carefully remove the water from the closure. Then 
carefully remove the jacket, shield or shield/ armor, and core wrap

[[Page 716]]

one at a time, examining with an ultraviolet light source for water 
penetration. After removal of the core wrap, carefully dissect the core 
and examine for water penetration within the core. Where water 
penetration is observed, measure the penetration distance. The distance 
of water penetration into the core must not exceed 127 millimeters (5.0 
inches).
    (4) Insulation compression test--(a) Test sample D. Remove jacket, 
shield or shield/armor, and core wrap being careful not to damage the 
conductor insulation. Remove one pair from the core and carefully 
separate, wipe off core filler and straighten the insulated conductors. 
Retwist the two insulated conductors together under sufficient tension 
to form 10 evenly spaced 360 degree twists in a length of 10 centimeters 
(4 inches).
    (b) Sample testing. Center the mid 50 millimeters (2 inches) of the 
twisted pair between 2 smooth rigid parallel metal plates that are 50 
millimeters x 50 millimeters (2 inches x 2 inches). Apply a 1.5 volt 
direct current potential between the conductors, using a light or buzzer 
to indicate electrical contact between the conductors. Apply a constant 
load of 67 newtons (l5 pound-force) on the sample for one minute and 
monitor for evidence of contact between the conductors. Record results 
on suggested formats in (V) of this appendix or on other easily readable 
formats.
    (5) Jacket slip strength test--(a) Sample selection. Test Sample E 
from (III)(1)(a) of this appendix.
    (b) Sample preparation. Prepare test sample in accordance with the 
procedures specified in ASTM D 4565-90a.
    (c) Sample conditioning and testing. Remove the sample from the 
tensile tester prior to testing and condition for one hour at 50 2 [deg]C. Test immediately in accordance with the 
procedures specified in ASTM D 4565-90a. A minimum jacket slip strength 
of 67 newtons (15 pound-force) is required. Record the highest load 
attained.
    (6) Humidity exposure. (a) Repeat steps (III)(1)(a) through 
(III)(1)(c)(iii) of this appendix for separate set of samples B, C, D, 
and E which have not been subjected to prior environmental conditioning.
    (b) Immediately after completing the measurements, expose the test 
sample to 100 temperature cyclings. Relative humidity within the chamber 
must be maintained at 90 2 percent. One cycle 
consists of beginning at a stabilized chamber and test sample 
temperature of 52 1 [deg]C, increasing the 
temperature to 57 1 [deg]C, allowing the chamber 
and test samples to stabilize at this level, then dropping the 
temperature back to 52 1 [deg]C.
    (c) Repeat steps (III)(1)(d)(ii) through (III)(5)(c) of this 
appendix.
    (7) Temperature cycling. (a) Repeat steps (III)(1)(a) through 
(III)(1)(c)(iii) of this appendix for separate set of samples B, C, D, 
and E which have not been subjected to prior environmental conditioning.
    (b) Immediately after completing the measurements, subject the test 
sample to the 10 cycles of temperature between a minimum of -40 [deg]C 
and + 60 [deg]C. The test sample must be held at each temperature 
extreme for a minimum of 1\1/2\ hours during each cycle of temperature. 
The air within the temperature cycling chamber must be circulated 
throughout the duration of the cycling.
    (c) Repeat steps (III)(1)(d)(ii) through (III)(5)(c) of this 
appendix.
    (IV) Control sample--(1) Test samples. A separate set of lengths A, 
C, D, E, and F must have been maintained at 23 3 
[deg]C for at least 48 hours before the testing.
    (2) Repeat steps (III)(2) through (III)(5)(c) of this appendix 
except use length A instead of length B.
    (3) Surge test. (a) One length of sample F must be used to measure 
the breakdown between conductors while the other length of F must be 
used to measure the core to shield breakdown.
    (b) The samples must be capable of withstanding without damage, a 
single surge voltage of 15 kilovolts peak between conductors, and a 25 
kilovolts peak surge voltage between conductors and the shield or 
shield/armor as hereinafter described. The surge voltage must be 
developed from a capacitor discharged through a forming resistor 
connected in parallel with the dielectric of the test sample. The surge 
generator constants must be such as to produce a surge of 1.5 x 40 
microsecond wave shape.
    (c) The shape of the generated wave must be determined at a reduced 
voltage by connecting an oscilloscope across the forming resistor with 
the cable sample connected in parallel with the forming resistor. The 
capacitor bank is charged to the test voltage and then discharged 
through the forming resistor and test sample. The test sample will be 
considered to have passed the test if there is no distinct change in the 
wave shape obtained with the initial reduced voltage compared to that 
obtained after the application of the test voltage.
    (V) The following suggested formats may be used in submitting the 
test results to RUS:

[[Page 717]]



                Environmental Conditioning______________
                          Frequency 1 kilohertz
------------------------------------------------------------------------
                                                  Capacitance
                                      ----------------------------------
             Pair Number                     nF/km (nanofarad/mile)
                                      ----------------------------------
                                            Initial           Final
------------------------------------------------------------------------
1                                      ____________      ____________
3                                      ____________      ____________
5                                      ____________      ____________
7                                      ____________      ____________
9                                      ____________      ____________
11                                     ____________      ____________
13                                     ____________      ____________
15                                     ____________      ____________
17                                     ____________      ____________
19                                     ____________      ____________
21                                     ____________      ____________
23                                     ____________      ____________
25                                     ____________      ____________
Average x                              ____________      ____________
------------------------------------------------------------------------
Overall Percent Difference in Average x ______________


                Environmental Conditioning______________
                         Frequency 150 kilohertz
------------------------------------------------------------------------
                                    Capacitance          Attenuation
                               -----------------------------------------
                                 nF/km (nanofarad/     dB/km (decibel/
          Pair Number                  mile)                mile)
                               -----------------------------------------
                                 Initial     Final    Initial     Final
------------------------------------------------------------------------
1                               ______     ______    ______     ______
3                               ______     ______    ______     ______
5                               ______     ______    ______     ______
7                               ______     ______    ______     ______
9                               ______     ______    ______     ______
11                              ______     ______    ______     ______
13                              ______     ______    ______     ______
15                              ______     ______    ______     ______
17                              ______     ______    ______     ______
19                              ______     ______    ______     ______
21                              ______     ______    ______     ______
23                              ______     ______    ______     ______
25                              ______     ______    ______     ______
Average x                       ______     ______    ______     ______
------------------------------------------------------------------------
Overall Percent Difference in Average x Capacitance:____________
  Conductance:____________


                Environmental Conditioning______________
                         Frequency 772 kilohertz
------------------------------------------------------------------------
                                    Capacitance          Attenuation
                               -----------------------------------------
                                 nF/km (nanofarad/     dB/km (decibel/
          Pair Number                  mile)                mile)
                               -----------------------------------------
                                 Initial     Final    Initial     Final
------------------------------------------------------------------------
1                               ______     ______    ______     ______
3                               ______     ______    ______     ______
5                               ______     ______    ______     ______
7                               ______     ______    ______     ______
9                               ______     ______    ______     ______
11                              ______     ______    ______     ______
13                              ______     ______    ______     ______
15                              ______     ______    ______     ______
17                              ______     ______    ______     ______
19                              ______     ______    ______     ______
21                              ______     ______    ______     ______
23                              ______     ______    ______     ______
25                              ______     ______    ______     ______
Average x                       ______     ______    ______     ______
------------------------------------------------------------------------
Overall Percent Difference in Average x Capacitance:____________
  Conductance:____________


                Environmental Conditioning______________
                   Water Immersion Test (1 kilohertz)
------------------------------------------------------------------------
                                                Capacitance
                                  --------------------------------------
           Pair Number                     nF/km (nanofarad/mile)
                                  --------------------------------------
                                      Initial      24 Hours      Final
------------------------------------------------------------------------
1                                  ______        ______       ______
3                                  ______        ______       ______
5                                  ______        ______       ______
7                                  ______        ______       ______
9                                  ______        ______       ______
11                                 ______        ______       ______
13                                 ______        ______       ______
15                                 ______        ______       ______
17                                 ______        ______       ______
19                                 ______        ______       ______
21                                 ______        ______       ______
23                                 ______        ______       ______
25                                 ______        ______       ______
Average x                          ______        ______       ______
------------------------------------------------------------------------
Overall Percent Difference in Average x ______________


                                             Water Penetration Test
----------------------------------------------------------------------------------------------------------------
                                                  Option A                                Option B
                                  ------------------------------------------------------------------------------
                                                                                                 Penetration mm
                                    End Leakage grams   Weight Gain grams   End Leakage grams        (in.)
----------------------------------------------------------------------------------------------------------------
Control..........................
                                  ------------------------------------------------------------------------------
Heat Age.........................
                                  ------------------------------------------------------------------------------
Humidity Exposure................
                                  ------------------------------------------------------------------------------
Temperature Cycling..............
                                  ------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------


                         Insulation Compression
------------------------------------------------------------------------
                                                      Failures
------------------------------------------------------------------------
Control...................................  ________________
Heat Age..................................  ________________
Humidity Exposure.........................  ________________
Temperature Cycling.......................  ________________
------------------------------------------------------------------------


                    Jacket Slip Strength @ 50 [deg]C
------------------------------------------------------------------------
                                               Load in newtons (pound-
                                                       force)
------------------------------------------------------------------------
Control...................................  ________________
Heat Age..................................  ________________
Humidity Exposure.........................  ________________

[[Page 718]]

 
Temperature Cycling.......................  ________________
------------------------------------------------------------------------


                        Filler Exudation (grams)
Heat Age..................................  ________________
Humidity Exposure.........................  ________________
Temperature Cycling.......................  ________________
------------------------------------------------------------------------


                         Surge Test (kilovolts)
Conductor to Conductor....................  ________________
Shield to Conductors......................  ________________
------------------------------------------------------------------------


[58 FR 29328, May 20, 1993, as amended at 60 FR 1711, Jan. 5, 1995; 69 
FR 18803, Apr. 9, 2004]



Sec.  1755.900  Abbreviations and Definitions.

    The following abbreviations and definitions apply to Sec. Sec.  
1755.901 and 1755.902:
    (a) Abbreviations. (1) ADSS All dielectric self-supporting;
    (2) ASTM American Society for Testing and Materials;
    (3) [deg]C Centigrade temperature scale;
    (4) dB Decibel;
    (5) CSM Central strength member;
    (6) dB/km Decibels per 1 kilometer;
    (7) ECCS Electrolytic chrome coated steel;
    (8) EIA Electronic Industries Alliance;
    (9) EIA/TIA Electronic Industries Alliance/Telecommunications 
Industry Association;
    (10) FTTH Fiber-to-the-Home;
    (11) Gbps Gigabit per second or Gbit/s;
    (12) GE General Electric;
    (13) HDPE High density polyethylene;
    (14) ICEA Insulated Cable Engineers Association, Inc.;
    (15) Km kilometer(s;)
    (16) LDPE Low density polyethylene;
    (17) m meter(s;)
    (18) Max. Maximum;
    (19) Mbit Megabits;
    (20) MDPE Medium density polyethylene;
    (21) MHz-km Megahertz-kilometer;
    (22) Min. Minimum;
    (23) MFD Mode-Field Diameter;
    (24) nm Nanometer(s;)
    (25) N Newton(s;)
    (26) NA Numerical aperture;
    (27) NESC National Electrical Safety Code;
    (28) OC Optical cable;
    (29) O.D. Outside Diameter;
    (30) OF Optical fiber;
    (31) OSHA Occupational Safety and Health Administration;
    (32) OTDR Optical Time Domain Reflectometer;
    (33) % Percent;
    (34) ps/(nm [middot] km) Picosecond per nanometer times kilometer;
    (35) ps/(nm\2\ [middot] km) Picosecond per nanometer squared times 
kilometer;
    (36) PMD Polarization Mode Dispersion;
    (37) RUS Rural Utilities Service;
    (38) s Second(s);
    (39) SI International System (of Units) (From the French 
Syst[egrave]me international d'unit[eacute]s); and
    (40) [micro]m Micrometer.
    (b) Definitions--(1) Accept; Acceptance means Agency action of 
providing the manufacturer of a product with a letter by mail or 
facsimile that the Agency has determined that the manufacturer's product 
meets its requirements. For information on how to obtain Agency product 
acceptance, refer to the procedures listed at http://www.usda.gov/rus/
telecom/listing_procedures/index_listing_procedures.htm, as well as 
additional information in RUS Bulletin 345-3, Acceptance of Standards, 
Specifications, Equipment Contract Forms, Manual Sections, Drawings, 
Materials and Equipment for the Telephone Program, available for 
download at http://www.usda.gov/rus/telecom/publications/bulletins.htm.
    (2) Agency means the Rural Utilities Service, an Agency which 
delivers the United States Department of Agriculture's Rural Development 
Utilities Programs.
    (3) Armor means a metal tape installed under the outer jacket of the 
cable intended to provide mechanical protection during cable 
installation and environmental protection against rodents, termites, 
etc.
    (4) Attenuation means the loss of power as the light travels in the 
fiber usually expressed in dB/km.
    (5) Bandwidth means the range of signal frequencies that can be 
transmitted

[[Page 719]]

by a communications channel with defined maximum loss or distortion. 
Bandwidth indicates the information-carrying capacity of a channel.
    (6) Birefringence means the decomposition of a pulse of light 
entering the fiber into ``two polarized pulses'' traveling at different 
velocities due to the different refractive indexes in the polarization 
axes in which the electric fields oscillate. Different refractive 
indexes in the fiber may be caused by an asymmetric fiber core, internal 
manufacturing stresses, or through external stresses from cabling and 
installation of the fiber optic cable, such as bending and twisting.
    (7) Cable cutoff wavelength means the shortest wavelength at which 
only one mode light can be transmitted in any of the single mode fibers 
of an optical fiber cable.
    (8) Chromatic dispersion means the broadening of a light pulse as it 
travels down the length of an optical fiber, resulting in different 
spectral components of the light pulse traveling at different speeds, 
due to the fact that the index of refraction of the fiber core is 
different for different wavelengths.
    (9) Cladding means the outer layer of an optical fiber made of glass 
or other transparent material that is fused to the fiber core. The 
cladding concentrically surrounds the fiber core. It has a lower 
refractive index than the core, so light travelling in the fiber is 
maintained in the core by internal reflection at the core-cladding 
interface.
    (10) Core means the central region of an optical waveguide or fiber 
which has a higher refractive index than the cladding through which 
light is transmitted.
    (11) Cutoff wavelength means, in single mode fiber, the shortest 
wavelength at which only the fundamental mode of an optical wavelength 
can propagate.
    (12) Dielectric cable means a cable which has neither metallic 
members nor other electrically conductive materials or elements.
    (13) Differential group delay means the arrival time differential of 
the two polarized light components of a light pulse traveling through 
the optical fiber due to birefringence.
    (14) Graded Refractive Index Profile means the refractive index 
profile of an optical fiber that varies smoothly with radius from the 
center of the fiber to the outer boundary of the cladding.
    (15) List of Acceptable Materials means the latest edition of RUS 
Informational Publication 344-2, ``List of Materials Acceptable for Use 
on Telecommunications Systems of RUS Borrowers.'' This document contains 
a convenient listing of products which have been determined to be 
acceptable by the Agency. The List of Acceptable Materials is available 
on the Internet at http://www.usda.gov/rus/telecom/materials/
lstomat.htm.
    (16) Loose tube buffer means the protective tube that loosely 
contains the optical fibers within the fiber optic cable, often filled 
with suitable water blocking material.
    (17) Matched cable means fiber optic cable manufactured to meet the 
requirement of this section for which the calculated splice loss using 
the formula below is <=0.06 dB for any two cabled fibers to be spliced.

LOSS (dB) = -10 LOG10 [4/(MFD1/MFD2 + 
    MFD2/MFD1)\2\],

where subscripts 1 and 2 refer to any two cabled fibers to be spliced.

    (18) Mil means a measurement unit of length indicating one 
thousandth of an inch.
    (19) Minimum bending diameter means the smallest diameter that must 
be maintained while bending a fiber optic cable to avoid degrading cable 
performance indicated as a multiple of the cable diameter (Bending 
Diameter/Cable Diameter).
    (20) Mode-field diameter means the diameter of the cross-sectional 
area of an optical fiber which includes the core and portion of the 
cladding where the majority of the light travels in a single mode fiber.
    (21) Multimode fiber means an optical fiber in which light travels 
in more than one bound mode. A multimode fiber may either have a graded 
index or step index refractive index profile.
    (22) Numerical Aperture (NA) means an optical fiber parameter that 
indicates the angle of acceptance of light into a fiber.
    (23) Optical fiber means any fiber made of dielectric material that 
guides light.

[[Page 720]]

    (24) Optical point discontinuities means the localized deviations of 
the optical fiber loss characteristic which location and magnitude may 
be determined by appropriate OTDR measurements of the fiber.
    (25) Optical waveguide means any structure capable of guiding 
optical power. In optical communications, the term generally refers to a 
fiber designed to transmit optical signals.
    (26) Polarization mode dispersion means, for a particular length of 
fiber, the average of the differential group delays of the two polarized 
components of light pulses traveling in the fiber, when the light pulses 
are generated from a sufficient narrow band source. The differential 
group delay varies randomly with time and wavelength. The term PMD is 
used in the industry in the general sense to indicate the phenomenon of 
birefringence (polarized light having different group velocities), and 
used specifically to refer to the value of time delay expected in a 
specific length of fiber.
    (27) PMDQ means the statistical upper bound for the PMD 
coefficient of a fiber optic cable link composed of M number of randomly 
chosen concatenated fiber optic cable sections of the same length. The 
upper bound is defined in terms of a probability level Q, which is the 
probability that a concatenated PMD coefficient value exceeds 
PMDQ, ITU G recommendations for fiber optic cables call for M 
= 20 and Q = 0.01%. This PMDQ value is the one used in the 
design of fiber optic links.
    (28) Ribbon means a planar array of parallel optical fibers.
    (29) Shield means a conductive metal tape placed under the cable 
jacket to provide lightning protection, bonding, grounding, and 
electrical shielding.
    (30) Single mode fiber means an optical fiber in which only one 
bound mode of light can propagate at the wavelength of interest.
    (31) Step Refractive Index Profile means an index profile 
characterized by a uniform refractive index within the core, a sharp 
decrease in refractive index at the core-cladding interface, and a 
uniform refractive index within the cladding.
    (32) Tight tube buffer means one or more layers of buffer material 
tightly surrounding a fiber that is in contact with the coating of the 
fiber.

[74 FR 20561, May 5, 2009]



Sec.  1755.901  Incorporation by Reference.

    (a) Incorporation by reference. The materials listed here are 
incorporated by reference where noted. These incorporations by reference 
were approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as 
they exist on the date of the approval, and notice of any change in 
these materials will be published in the Federal Register. The materials 
are available for purchase at the corresponding addresses noted below. 
All are available for inspection at the Rural Development Utilities 
Programs, during normal business hours at room 2849-S, U.S. Department 
of Agriculture, Washington, DC 20250. Telephone (202) 720-0699, and e-
mail [email protected]. The materials are also available for 
inspection at the National Archives and Records Administration (NARA). 
For information on the availability of these materials at NARA, call 
(202) 741-6030, or go to: http://www.archives.gov/federal_register/
code_of_federal_regulations/ibr_locations.html.
    (b) The American National Standards Institute/Institute of 
Electrical and Electronics Engineers, Inc. ANSI/IEEE C2-2007, The 
National Electrical Safety Code, 2007 edition, approved April 20, 2006, 
(``ANSI/IEEE C2-2007''), incorporation by reference approved for Sec.  
1755.902(a), Sec.  1755.902(p), Sec.  1755.903(a), Sec.  1755.903(k) and 
Sec.  1755.903(n). ANSI/IEEE C2-2007 is available for purchase from IEEE 
Service Center, 445 Hoes Lane, Piscataway, NJ 08854, telephone 1-800-
678-4333 or online at http://standards.ieee.org/nesc/index.html.
    (c) The following Insulated Cable Engineers Association standards 
are available for purchase from the Insulated Cable Engineers, Inc. 
(ICEA), P.O. Box 1568, Carrollton, GA 30112 or from Global Engineering 
Documents, 15 Iverness Way East, Englewood, CO 80112, telephone 1-800-
854-7179 (USA and Canada) or 303-792-2181 (International), or online at 
http://global.ihs.com:

[[Page 721]]

    (1) ICEA S-110-717-2003, Standard for Optical Drop Cable, 1st 
edition, September 2003 (``ICEA S-110-717''), incorporation by reference 
approved for Sec.  1755.903(a), Sec.  1755.903(b), Sec.  1755.903(c), 
Sec.  1755.903(d), Sec.  1755.903(e), Sec.  1755.903(f), Sec.  
1755.903(g), Sec.  1755.903(l), Sec.  1755.903(n), Sec.  1755.903(p), 
Sec.  1755.903(u); and
    (2) ANSI/ICEA S-87-640-2006, Standard for Optical Fiber Outside 
Plant Communications Cable, 4th edition, December 2006 (``ANSI/ICEA S-
87-640''), incorporation by reference approved for Sec.  1755.902(a), 
Sec.  1755.902(b), Sec.  1755.902(c), Sec.  1755.902(d), Sec.  
1755.902(e), Sec.  1755.902(i), Sec.  1755.902(l), Sec.  1755.902(m), 
Sec.  1755.902(n), Sec.  1755.902(p), Sec.  1755.902(q), Sec.  
1755.902(r), Sec.  1755.902(u), Sec.  1755.903(b), Sec.  1755.903(g), 
Sec.  1755.903(l), Sec.  1755.903(o), Sec.  1755.903(p), and Sec.  
1755.903(s).
    (d) The following American Society for Testing and Materials (ASTM) 
standards are available for purchase from ASTM International, 100 Barr 
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959. Telephone 
(610) 832-9585, Fax (610) 832-9555, by e-mail at [email protected], or 
online at http://www.astm.org or from ANSI, 1916 Race Street, 
Philadelphia, PA 19103, telephone (215) 299-5585, or online at http://
webstore.ansi.org/ansidocstore/default.asp:
    (1) ASTM A 640-97, (Reapproved 2002) e1, Standard 
Specification for Zinc-Coated Steel Strand for Messenger Support of 
Figure 8 Cable, approved September 2002 (``ASTM A 640''), incorporation 
by reference approved for Sec.  1755.902(n);
    (2) ASTM B 736-00, Standard Specification for Aluminum, Aluminum 
Alloy and Aluminum-Clad Steel Cable Shielding Stock, approved May 10, 
2000 (``ASTM B 736''), incorporation by reference approved for Sec.  
1755.902(m) and Sec.  1755.903(j);
    (3) ASTM D 4565-99, Standard Test Methods for Physical and 
Environmental Performance Properties of Insulations and Jackets for 
Telecommunications Wire and Cable, approved March 10, 1999 (``ASTM D 
4565''), incorporation by reference approved for Sec.  1755.902(c), 
Sec.  1755.902(m), Sec.  1755.903(c) and Sec.  1755.903(j);
    (4) ASTM D 4566-98, Standard Test Methods for Electrical Performance 
Properties of Insulations and Jackets for Telecommunications Wire and 
Cable, approved December 10, 1998 (``ASTM D 4566''), incorporation by 
reference approved for Sec.  1755.902(f), Sec.  1755.902(t) and Sec.  
1755.903(t); and
    (5) ASTM D 4568-99, Standard Test Methods for Evaluating 
Compatibility Between Cable Filling and Flooding Compounds and 
Polyolefin Wire and Cable Materials, approved April 10, 1999 (``ASTM D 
4568''), incorporation by reference approved for Sec.  1755.902(h).
    (e) The following Telecommunications Industry Association/
Electronics Industries Association (TIA/EIA) standards are available 
from Electronic Industries Association, Engineering Department, 1722 Eye 
Street, NW., Washington, DC 20006; or from Global Engineering Documents, 
15 Iverness Way East, Englewood, CO 80112, telephone 1-800-854-7179 (USA 
and Canada) or (303) 792-2181 (International), or online at http://
global.ihs.com; or from TIA, 2500 Wilson Blvd, Suite 300, Arlington, VA 
22201, telephone 1-800-854-7179 or online http://www.tiaonline.org/
standards/catalog:
    (1) TIA/EIA Standard 455-3A, FOTP-3, Procedure to Measure 
Temperature Cycling on Optical Fibers, Optical Cable, and Other Passive 
Fiber Optic Components, approved May 1989, (``TIA/EIA Standard 455-
3A''), incorporation by reference approved for Sec.  1755.902(r).
    (2) [Reserved]
    (f) The following International Telecommunication Union (ITU) 
recommendations may be obtained from ITU, Place des Nations, 1211 Geneva 
20, Switzerland, telephone + 41 22 730 6141 or online at http://
www.itu.int/ITU-T/publications/recs.html:
    (1) ITU-T Recommendation G.652, Series G: Transmission Systems and 
Media, Digital Systems and Networks, Transmission media 
characteristics--Optical fibre cables, Characteristics of a single-mode 
optical fibre and cable, approved June 2005 (``ITU-T Recommendation 
G.652''), incorporation by reference approved for Sec.  1755.902(b), 
Sec.  1755.902(q), Sec.  1755.903(b) and Sec.  1755.903(o);
    (2) ITU-T Recommendation G.655, Series G: Transmission Systems and 
Media, Digital Systems and Networks, Transmission media 
characteristics--Optical fibre cables, Characteristics of a non-zero 
dispersion-shifted single-mode optical fibre and cable, approved March 
2006

[[Page 722]]

(``ITU-T Recommendation G.655''), incorporation by reference approved 
for Sec.  1755.902(b) and Sec.  1755.902(q);
    (3) ITU-T Recommendation G.656, Series G: Transmission Systems and 
Media, Digital Systems and Networks, Transmission media 
characteristics--Optical fibre cables, Characteristics of a fibre and 
cable with non-zero dispersion for wideband optical transport, approved 
December 2006 (``ITU-T Recommendation G.656''), incorporation by 
reference approved for Sec.  1755.902(b) and Sec.  1755.902(q);
    (4) ITU-T Recommendation G.657, Series G: Transmission Systems and 
Media, Digital Systems and Networks, Transmission media 
characteristics--Optical fibre cables, Characteristics of a bending loss 
insensitive single mode optical fibre and cable for the access network, 
approved December 2006 (``ITU-T Recommendation G.657''), incorporation 
by reference approved for Sec.  1755.902(b) and Sec.  1755.902(q); and
    (5) ITU-T Recommendation L.58, Series L: Construction, Installation 
and Protection of Cables and Other Elements of Outside Plant, Optical 
fibre cables: Special Needs for Access Network, approved March 2004 
(``ITU-T Recommendation L.58''), incorporation by reference approved for 
Sec.  1755.902(a).

[74 FR 20561, May 5, 2009]



Sec.  1755.902  Minimum performance Specification for fiber optic cables.

    (a) Scope. This section is intended for cable manufacturers, Agency 
borrowers, and consulting engineers. It covers the requirements for 
fiber optic cables intended for aerial installation either by attachment 
to a support strand or by an integrated self-supporting arrangement, for 
underground application by placement in a duct, or for buried 
installations by trenching, direct plowing, and directional or pneumatic 
boring.
    (1) General. (i) Specification requirements are given in SI units 
which are the controlling units in this part. Approximate English 
equivalent of units are given for information purposes only.
    (ii) The optical waveguides are glass fibers having directly-applied 
protective coatings, and are called ``fibers,'' herein. These fibers may 
be assembled in either loose fiber bundles with a protective core tube, 
encased in several protective buffer tubes, in tight buffer tubes, or 
ribbon bundles with a protective core tube.
    (iii) Fillers, strength members, core wraps, and bedding tapes may 
complete the cable core.
    (iv) The core or buffer tubes containing the fibers and the 
interstices between the buffer tubes, fillers, and strength members in 
the core structure are filled with a suitable material or water 
swellable elements to exclude water.
    (v) The cable structure is completed by an extruded overall plastic 
jacket. A shield or armor or combination thereof may be included under 
the jacket. The jacket may have strength members embedded in it, in some 
designs.
    (vi) Buried installation requires armor under the outer jacket.
    (vii) For self-supporting cable, the outer jacket may be extruded 
over the support messenger and cable core.
    (viii) Cables for mid-span applications for network access must be 
designed for easy mid-span access to the fibers. The manufacturer may 
use reversing oscillating stranding (SZ) described in section 6.4 of 
ITU-T Recommendation L.58, Construction, Installation and Protection of 
Cables and Other Elements of Outside Plant, 2004 (incorporated by 
reference at Sec.  1755.901(f)). The cable end user is cautioned that 
installed cable must be properly terminated. This includes properly 
securing rigid strength members (i.e., central strength member) and 
clamping the cable and jacket. It is important that cable components be 
secured to prevent movement of the cable or components over the 
operating conditions. Central strength member (CSM) clamps must prevent 
movement of the CSM; positive stop CSM clamps are recommended. The CSM 
must be routed as straight and as short as practical to prevent bowing 
or breaking of the CSM. The cable and jacket retention must be 
sufficient to prevent jacket slippage over the operating temperature 
range.
    (2) The normal temperature ranges for cables must meet paragraph 
1.1.3 of ANSI/ICEA S-87-640, Standard for Optical Fiber Outside Plant 
Communications Cable (incorporated by reference at Sec.  1755.901(c)).

[[Page 723]]

    (3) Tensile rating. The standard installation tensile rating for 
cables is 2670 N (600 1bf), unless installation involves micro type 
cables that utilize less stress related methods of installation, i.e., 
blown micro-fiber cable or All-Dielectric Self-Supporting (ADSS) cables 
(see paragraph (c)(4) of this section).
    (4) ADSS and other self-supporting cables. Based on the storm 
loading districts referenced in Section 25, Loading of Grades B and C, 
of ANSI/IEEE C2-2007, National Electrical Safety Code, 2007 
(incorporated by reference at Sec.  1755.901(b)) and the maximum span 
and location of cable installation provided by the end user, the 
manufacturer must provide a cable design with sag and tension tables 
showing the maximum span and sag information for that particular 
installation. The information included must be for Rule B, Ice and Wind 
Loading, and when applicable, information on Rule 250C, Extreme Wind 
Loading. Additionally, to ensure the proper ground clearance, typically 
a minimum of 4.7 m (15.5 feet), the end user should factor in the 
maximum sag under loaded conditions, as well as, height of attachment 
for each application.
    (5) Minimum bend diameter. For cable under loaded and unloaded 
conditions, the cable must have the minimum bend diameters indicated in 
paragraph 1.1.5, Minimum Bend Diameter, of the ANSI/ICEA S-87-640 
(incorporated by reference at Sec.  1755.901(c)). For very small cables, 
manufacturers may specify fixed cable minimum bend diameters that are 
independent of the outside diameter. For cables having a non-circular 
cross-section, the bend diameter is to be determined using the thickness 
of the cable associated with the preferential bending axis.
    (6) The cable is fully color coded so that each fiber is 
distinguishable from every other fiber. A basic color scheme of twelve 
colors allows individual fiber identification. Colored tubes, binders, 
threads, strippings, or markings provide fiber group identification.
    (7) Cables must demonstrate compliance with the qualification 
testing requirements of this section to ensure satisfactory end-use 
performance characteristics for the intended applications.
    (8) Optical cable designs not specifically addressed by this section 
may be allowed if accepted by the Agency. Justification for acceptance 
of a modified design must be provided to substantiate product utility 
and long term stability and endurance. For information on how to obtain 
Agency product acceptance, refer to the procedures listed at http://
www.usda.gov/rus/telecom/listing_procedures/
index_listing_procedures.htm, as well as additional information in RUS 
Bulletin 345-3, Acceptance of Standards, Specifications, Equipment 
Contract Forms, Manual Sections, Drawings, Materials and Equipment for 
the Telephone Program (hereinafter ``RUS Bulletin 345-3''), available 
for download at http://www.usda.gov/rus/telecom/publications/
bulletins.htm.
    (9) All cables sold to RUS telecommunications borrowers for projects 
involving RUS loan funds must be accepted by the Agency's Technical 
Standards Committee ``A'' (Telecommunications). Any design change to 
existing acceptable designs must be submitted to the Agency for 
acceptance. As stated in paragraph 8 above, refer to the procedures 
listed at http://www.usda.gov/rus/telecom/listing_procedures/
index_listing_procedures.htm as well as RUS Bulletin 345-3.
    (10) The Agency intends that the optical fibers contained in the 
cables meeting the requirements of this section have characteristics 
that will allow signals having a range of wavelengths to be carried 
simultaneously.
    (b) Optical fibers. (1) The solid glass optical fibers must consist 
of a cylindrical core and cladding covered by either an ultraviolet-
cured acrylate or other suitable coating. Each fiber must be continuous 
throughout its length.
    (2) Zero-dispersion. Optical fibers must meet the fiber attributes 
of Table 2, G.652.B attributes, found in ITU-T Recommendation G.652 
(incorporated by reference at Sec.  1755.901(f)). However, when the end 
user stipulates a low water peak fiber, the optical fibers must meet the 
fiber attributes of Table 4, G.652.D attributes, found in ITU-T 
Recommendation G.652; or when the end user stipulates a low bending loss 
fiber, the optical fibers must meet the fiber attributes of Table 7-1, 
G.657 class

[[Page 724]]

A attributes, found in the ITU-T Recommendation G.657 (incorporated by 
reference at Sec.  1755.901(f)).
    (3) Non-zero-dispersion. Optical fibers must meet the fiber 
attributes of Table 1, G.656 attributes, found in ITU-T Recommendation 
G.656 (incorporated by reference at Sec.  1755.901(f)). However, when 
the end user specifies Recommendation A, B, C, D, or E of ITU-T 
Recommendation G.655 (incorporated by reference at Sec.  1755.901(f)), 
the optical fibers must meet the fiber attributes of ITU-T 
Recommendation G.655.
    (4) Multimode fibers. Optical fibers must meet the requirements of 
paragraphs 2.1 and 2.3.1 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (5) Matched cable. Unless otherwise specified by the buyer, all 
single mode fiber cables delivered to a RUS-financed project must be 
manufactured to the same MFD specification. However, notwithstanding the 
requirements of paragraphs (d)(2) and (d)(3) of this section, the 
maximum MFD tolerance allowed for cable meeting the requirements of this 
section must be of a magnitude meeting the definition of ``matched 
cable,'' as defined in paragraph (b) of Sec.  1755.900. With the use of 
cables meeting this definition the user can reasonably expect that the 
average bi-directional loss of a fusion splice to be <=0.1 dB.
    (6) Buyers will normally specify the MFD for the fibers in the 
cable. When a buyer does not specify the MFD at 1310 nm, the fibers must 
be manufactured to an MFD of 9.2 [micro]m with a maximum tolerance range 
of 0.5 [micro]m (362 20 
microinch), unless the end user agrees to accept cable with fibers 
specified to a different MFD. When the end user does specify a MFD and 
tolerance conflicting with the MFD maximum tolerance allowed by 
paragraph (d)(5) of this section, the requirements of paragraph (d)(5) 
must prevail.
    (7) Factory splices are not allowed.
    (8) Coating. The optical fiber must be coated with a suitable 
material to preserve the intrinsic strength of the glass having an 
outside diameter of 250 15 micrometers (10 0.6 mils). Dimensions must be measured per the methods 
of paragraph 7.13 of ANSI/ICEA S-87-640 (incorporated by reference at 
Sec.  1755.901(c)). The protective coverings must be free from holes, 
splits, blisters, and other imperfections and must be as smooth and 
concentric as is consistent with the best commercial practice. The 
diameter of the fiber, as the fiber is used in the cable, includes any 
coloring thickness or the uncolored coating, as the case may be. The 
strip force required to remove 30 3 millimeters 
(1.2 0.1 inch) of protective fiber coating must be 
between 1.0 N (0.2 pound-force) and 9.0 N (2 pound-force).
    (9) All optical fibers in any single length of cable must be of the 
same type, unless otherwise specified by end user.
    (10) Optical fiber dimensions and data reporting must be as required 
by paragraph 7.13.1.1 of ANSI/ICEA S-87-640 (incorporated by reference 
at Sec.  1755.901(c)).
    (c) Buffers. (1) The optical fibers contained in a tube buffer 
(loose tube), an inner jacket (unit core), a channel, or otherwise 
loosely packaged must have a clearance between the fibers and the inside 
of the container sufficient to allow for thermal expansions of the tube 
buffer without constraining the fibers. The protective container must be 
manufactured from a material having a coefficient of friction 
sufficiently low to allow the fibers free movement. The loose tube must 
contain a suitable water blocking material. Loose tubes must be 
removable without damage to the fiber when following the manufacturer's 
recommended procedures.
    (2) The tubes for single mode loose tube cables must be designed to 
allow a maximum mid-span buffer tube exposure of 6.096 meters (20 feet). 
The buyer should be aware that certain housing hardware may require 
cable designed for 6.096 meters of buffer tube storage.
    (3) Optical fibers covered in near contact with an extrusion (tight 
tube) must have an intermediate soft buffer to allow for thermal 
expansions and minor pressures. The buffer tube dimension must be 
established by the manufacturer to meet the requirement of this section. 
Tight buffer tubes must be removable without damage to the fiber when 
following the manufacturer's recommended procedures. The tight buffered 
fiber must be strippable per paragraph 7.20 of ANSI/ICEA S-87-

[[Page 725]]

640 (incorporated by reference at Sec.  1755.901(c)).
    (4) Both loose tube and tight tube coverings of each color and other 
fiber package types removed from the finished cable must meet the 
following shrinkback and cold bend performance requirements. The fibers 
may be left in the tube.
    (i) Shrinkback. Testing must be conducted per paragraph 14.1 of ASTM 
D 4565 (incorporated by reference at Sec.  1755.901(d)), using a talc 
bed at a temperature of 95 [deg]C (203 [deg]F). Shrinkback must not 
exceed 5 percent of the original 150 millimeter (6 inches) length of the 
specimen. The total shrinkage of the specimen must be measured. (Buffer 
tube material meeting this test may not meet the mid-span test in 
paragraph (t)(15) of this section).
    (ii) Cold bend. Testing must be conducted on at least one tube from 
each color in the cable. Stabilize the specimen to -30 1 [deg]C (-22 2 [deg]F) for a 
minimum of four hours. While holding the specimen and mandrel at the 
test temperature, wrap the tube in a tight helix ten times around a 
mandrel with a diameter to be greater than five times the tube diameter 
or 50 mm (2 inches). The tube must show no evidence of cracking when 
observed with normal or corrected-to-normal vision.

    Note to paragraph (c)(4)(ii): Channel cores and similar slotted 
single component core designs do not need to be tested for cold bend.

    (d) Fiber identification. (1) Each fiber within a unit and each unit 
within the cable must be identifiable per paragraphs 4.2.1 and 4.3.1 of 
ANSI/ICEA S-87-640 (incorporated by reference at Sec.  1755.901(c)).
    (2) For the following items the colors designated for identification 
within the cable must comply with paragraphs 4.2.2 and 4.3.2 of ANSI/
ICEA S-87-640 (incorporated by reference at Sec.  1755.901(c)): loose 
buffer tubes, tight tube buffer fibers, individual fibers in multi-fiber 
tubes, slots, bundles or units of fibers, and the units in cables with 
more than one unit.
    (e) Optical fiber ribbon. (1) Each ribbon must be identified per 
paragraphs 3.4.1 and 3.4.2 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (2) Ribbon fiber count must be specified by the end user, i.e., 2, 
4, 6, 12, etc.
    (3) Ribbon dimensions must be as agreed by the end user and 
manufacturer per paragraph 3.4.4.1 of ANSI/ICEA S-87-640 (incorporated 
by reference at Sec.  1755.901(c)).
    (4) Ribbons must meet each of the following tests. These tests are 
included in the paragraphs of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)), indicated in parenthesis below.
    (i) Ribbon Dimensions (ANSI/ICEA S-87-640 paragraphs 7.14 through 
7.14.2)--measures ribbon dimension.
    (ii) Ribbon Twist Test (ANSI/ICEA S-87-640 paragraphs 7.15 through 
7.15.2)--evaluates the ability of the ribbon to resist splitting or 
other damage while undergoing dynamic cyclically twisting the ribbon 
under load.
    (iii) Ribbon Residual Twist Test (ANSI/ICEA S-87-640 paragraphs 7.16 
through 7.16.2)--evaluates the degree of permanent twist in a cabled 
optical ribbon.
    (iv) Ribbon Separability Test (ANSI/ICEA S-87-640 paragraphs 7.17 
through 7.17.2)--evaluates the ability to separate fibers.
    (5) Ribbons must meet paragraph 3.4.4.6 of ANSI/ICEA S-87-640 
(incorporated by reference at Sec.  1755.901(c)), Ribbon Strippability.
    (f) Strength members. (1) Strength members may be an integral part 
of the cable construction, but are not considered part of the support 
messenger for self-supporting optical cable.
    (2) The strength members may be metallic or nonmetallic.
    (3) The combined strength of all the strength members must be 
sufficient to support the stress of installation and to protect the 
cable in service.
    (4) Strength members may be incorporated into the core as a central 
support member or filler, as fillers between the fiber packages, as an 
annular serving over the core, as an annular serving over the 
intermediate jacket, embedded in the outer jacket, or as a combination 
of any of these methods.
    (5) The central support member or filler must contain no more than 
one splice per kilometer of cable. Individual fillers placed between the 
fiber packages and placed as annular

[[Page 726]]

servings over the core must contain no more than one splice per 
kilometer of cable. Cable sections having central member or filler 
splices must meet the same physical requirements as un-spliced cable 
sections.
    (6) In each length of completed cable having a metallic central 
member, the dielectric strength between the shield or armor, when 
present, and the metallic center member must withstand at least 15 
kilovolts when tested per ASTM D 4566 (incorporated by reference at 
Sec.  1755.901(d)). The voltage must be applied for 3 seconds minimum; 
no failures are allowed.
    (g) Cable core. (1) Protected fibers may be assembled with the 
optional central support member, fillers and strength members in such a 
way as to form a cylindrical group.
    (2) The standard cylindrical group or core designs commonly consist 
of 4, 6, 12, 18, or 24 fibers. Cylindrical groups or core designs larger 
than the sizes shown above must meet all the applicable requirements of 
this section.
    (3) When threads or tapes are used in cables using water blocking 
elements as core binders, they must be a non-hygroscopic and non-wicking 
dielectric material or be rendered by the gel or water blocking material 
produced by the ingress of water.
    (4) When threads or tapes are used as unit binders to define optical 
fiber units in loose tube, tight tube, slotted, or bundled cored 
designs, they must be non-hygroscopic and non-wicking dielectric 
material or be rendered by the filling compound or water blocking 
material contained in the binder. The colors of the binders must be per 
paragraphs (f)(2) and (f)(3) of this section.
    (h) Core water blocking. (1) To prevent the ingress of water into 
the core and water migration, a suitable filling compound or water 
blocking elements must be applied into the interior of the loose fiber 
tubes and into the interstices of the core. When a core wrap is used, 
the filling compound or water blocking elements, as the case may be, 
must also be applied to the core wrap, over the core wrap and between 
the core wrap and inner jacket when required.
    (2) The materials or elements must be homogeneous and uniformly 
mixed; free from dirt, metallic particles and other foreign matter; 
easily removed; nontoxic and present no dermal hazards. The filling 
compound and water blocking elements must contain a suitable antioxidant 
or be of such composition as to provide long term stability.
    (3) The individual cable manufacturer must satisfy the Agency that 
the filling compound or water blocking elements selected for use is 
suitable for its intended application by submitting test data showing 
compliance with ASTM D 4568 (incorporated by reference at Sec.  
1755.901(d)). The filling compound and water blocking elements must be 
compatible with the cable components when tested per ASTM D 4568 at a 
temperature of 80 [deg]C (176 [deg]F). The jacket must retain a minimum 
of 85% of its un-aged tensile and elongation values.
    (i) Water blocking material. (1) Sufficient flooding compound or 
water blocking elements must be applied between the inner jacket and 
armor and between the armor and outer jacket so that voids and air 
spaces in these areas are minimized. The use of flooding compound or 
water blocking elements between the armor and outer jacket is not 
required when uniform bonding, paragraph (o)(9) of this section, is 
achieved between the plastic-clad armor and the outer jacket.
    (2) The flooding compound or water blocking elements must be 
compatible with the jacket when tested per paragraphs 7.19 and 7.19.1 of 
ANSI/ICEA S-87-640 (incorporated by reference at Sec.  1755.901(c)). The 
aged jacket must retain a minimum of 85% of its un-aged tensile strength 
and elongation values when tested per paragraph 7.19.2.3. The flooding 
compound must exhibit adhesive properties sufficient to prevent jacket 
slip when tested per paragraph 7.30.1 of ANSI/ICEA S-87-640 and meets 
paragraph 7.30.2 of ANSI/ICEA S-87-640 for minimum sheath adherence of 
14 N/mm for armored cables.
    (3) The individual cable manufacturer must satisfy the Agency by 
submitting test data showing compliance with the appropriate cable 
performance testing requirements of this section that the flooding 
compound or water blocking elements selected for use is acceptable for 
the application.

[[Page 727]]

    (j) Core wrap. (1) At the option of the manufacturer, one or more 
layers of dielectric material may be applied over the core.
    (2) The core wrap(s) can be used to provide a heat barrier to 
prevent deformation or adhesion between the fiber tubes or can be used 
to contain the core.
    (k) Inner jackets. (1) For designs with more than one jacket, the 
inner jackets must be applied directly over the core or over the 
strength members when required by the end user. The jacket must be free 
from holes, splits, blisters, or other imperfections and must be as 
smooth and concentric as is consistent with the best commercial 
practice. The inner jacket must not adhere to other cable components 
such as fibers, buffer tubes, etc.
    (2) For armored and unarmored cable, an inner jacket is optional. 
The inner jacket may absorb stresses in the cable core that may be 
introduced by armor application or by armored cable installation.
    (3) The inner jacket material and test requirements must be the same 
as the outer jacket material, except that either black or natural 
polyethylene may be used and the thickness requirements are included in 
paragraph (m)(4) of this section. In the case of natural polyethylene, 
the requirements for absorption coefficient and the inclusion of furnace 
black are waived.
    (4) The inner jacket thickness must be determined by the 
manufacturer, but must be no less than a nominal jacket thickness of 0.5 
mm (0.02 inch) with a minimum jacket thickness of 0.35 mm (0.01 inch).
    (l) Outer jacket. (1) The outer jacket must provide the cable with a 
tough, flexible, protective covering which can withstand exposure to 
sunlight, to atmosphere temperatures, and to stresses reasonably 
expected in normal installation and service.
    (2) The jacket must be free from holes, splits, blisters, or other 
imperfections and must be as smooth and concentric as is consistent with 
the best commercial practice.
    (3) The jacket must contain an antioxidant to provide long term 
stabilization and must contain a minimum of 2.35 percent concentration 
of furnace black to provide ultraviolet shielding measures as required 
by paragraph 5.4.2 of ANSI/ICEA S-87-640 (incorporated by reference at 
Sec.  1755.901(c)), except that the concentration of furnace black does 
not necessarily need to be initially contained in the raw material and 
may be added later during the jacket making process.
    (4) The raw material used for the outer jacket must be one of the 
types listed below.
    (i) Type L1. Low density, polyethylene (LDPE) must conform to the 
requirements of paragraph 5.4.2 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (ii) Type L2. Linear low density, polyethylene (LLDPE) must conform 
to the requirements of paragraph 5.4.2 of ANSI/ICEA S-87-640 
(incorporated by reference at Sec.  1755.901(c)).
    (iii) Type M. Medium density polyethylene (MDPE) must conform to the 
requirements of paragraph 5.4.2 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (iv) Type H. High density polyethylene (HDPE) must conform to the 
requirements of paragraph 5.4.2 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (5) Particle size of the carbon selected for use must not average 
greater than 20 nm.
    (6) The outer jacketing material removed from or tested on the cable 
must be capable of meeting the performance requirements of Table 5.1 
found in ANSI/ICEA S-87-640 (incorporated by reference at Sec.  
1755.901(c)).
    (7) Testing Procedures. The procedures for testing the jacket 
specimens for compliance with paragraph (n)(5) of this section must be 
as follows:
    (i) Jacket material density measurement. Test per paragraphs 7.7.1 
and 7.7.2 of ANSI/ICEA S-87-640 (incorporated by reference at Sec.  
1755.901(c)).
    (ii) Tensile strength, yield strength, and ultimate elongation. Test 
per paragraphs 7.8.1 and 7.8.2 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (iii) Jacket material absorption coefficient test. Test per 
paragraphs 7.9.1 and 7.9.2 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).

[[Page 728]]

    (iv) Environmental stress crack resistance test. For large cables 
(outside diameter = 30 mm (1.2 inch)), test per paragraphs 
7.10.1 through 7.10.1.2 of ANSI/ICEA S-87-640 (incorporated by reference 
at Sec.  1755.901(c)). For small cables (Diameter < 30 mm (1.2 inch)), 
test per paragraphs 7.10.2 through and 7.10.2.2 of ANSI/ICEA S-87-640. A 
crack or split in the jacket constitutes failure.
    (v) Jacket shrinkage test. Test per paragraphs 7.11.1 and 7.11.2 of 
ANSI/ICEA S-87-640 (incorporated by reference at Sec.  1755.901(c)).
    (8) Jacket thickness. The outer jacket must meet the requirements of 
paragraphs 5.4.5.1 and 5.4.5.2 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (9) Jacket repairs. Repairs are allowed per paragraph 5.5 of ANSI/
ICEA S-87-640 (incorporated by reference at Sec.  1755.901(c)).
    (m) Armor. (1) A steel armor, plastic coated on both sides, is 
required for direct buried cable manufactured under this section. Armor 
is optional for duct and aerial cable, as required by the end user. The 
plastic coated steel armor must be applied longitudinally directly over 
the core wrap or the intermediate jacket and have a minimum overlap of 
3.0 millimeters (118 mils), except for small diameter cables with 
diameters of less than 10 mm (394 mils) for which the minimum overlap 
must be 2 mm (79 mils). When a cable has a shield, the armor should 
normally be applied over the shielding tape.
    (2) The uncoated steel tape must be electrolytic chrome coated steel 
(ECCS) and must meet the requirements of paragraph B.2.4 of ANSI/ICEA S-
87-640 (incorporated by reference at Sec.  1755.901(c)).
    (3) The reduction in thickness of the armoring material due to the 
corrugating or application process must be kept to a minimum and must 
not exceed 10 percent at any spot.
    (4) The armor of each length of cable must be electrically 
continuous with no more than one joint or splice allowed in any length 
of one kilometer of cable. This requirement does not apply to a joint or 
splice made in the raw material by the raw material manufacturer.
    (5) The breaking strength of any section of an armor tape, 
containing a factory splice joint, must not be less than 80 percent of 
the breaking strength of an adjacent section of the armor of equal 
length without a joint.
    (6) For cables containing no flooding compound over the armor, the 
overlap portions of the armor tape must be bonded in cables having a 
flat, non-corrugated armor to meet the mechanical requirements of 
paragraphs (t)(1) through (t)(16)(ii) of this section. If the tape is 
corrugated, the overlap portions of the armor must be sufficiently 
bonded and the corrugations must be sufficiently in register to meet the 
requirements of paragraphs (t)(1) through (t)(16)(ii) of this section.
    (7) The armor tape must be so applied as to enable the cable to pass 
the Cable Low (-30 [deg]C (-22 [deg]F)) and High (60 [deg]C (140 
[deg]F)) Temperatures Bend Test, as required by paragraph (t)(3) of this 
section.
    (8) The protective coating on the steel armor must meet the Bonding-
to-Metal, Heat Sealability, Lap-Shear and Moisture Resistance 
requirements of Type I, Class 2 coated metals per ASTM B 736 
(incorporated by reference in Sec.  1755.901(d)).
    (9) When the jacket is bonded to the plastic coated armor, the bond 
between the plastic coated armor and the outer jacket must not be less 
than 525 Newtons per meter (36 pound-force) over at least 90 percent of 
the cable circumference when tested per ASTM D 4565 (incorporated by 
reference at Sec.  1755.901(d)). For cables with strength members 
embedded in the jacket, and residing directly over the armor, the area 
of the armor directly under the strength member is excluded from the 90 
percent calculation.
    (n) Figure 8 aerial cables. (1) When self-supporting aerial cable 
containing an integrated support messenger is supplied, the support 
messenger must comply with the requirements specified in paragraphs 
D.2.1 through D.2.4 of ANSI/ICEA S-87-640 (incorporated by reference at 
Sec.  1755.901(c)), with exceptions and additional provisions as 
follows:
    (i) Any section of a completed strand containing a joint must have 
minimum tensile strength and elongation of

[[Page 729]]

29,500 Newtons (6,632 pound-force) and 3.5 percent, respectively, when 
tested per the procedures specified in ASTM A 640 (incorporated by 
reference in Sec.  1755.901(d)).
    (ii) The individual wires from a completed strand which contains 
joints must not fracture when tested per the ``Ductility of Steel'' 
procedures specified in ASTM A 640 (incorporated by reference at Sec.  
1755.901(d)), except that the mandrel diameter must be equal to 5 times 
the nominal diameter of the individual wires.
    (iii) The support strand must be completely covered with a flooding 
compound that offers corrosion protection. The flooding compound must be 
homogeneous and uniformly mixed.
    (iv) The flooding compound must be nontoxic and present no dermal 
hazard.
    (v) The flooding compound must be free from dirt, metallic 
particles, and other foreign matter that may interfere with the 
performance of the cable.
    (2) Other methods of providing self-supporting cable specifically 
not addressed in this section may be allowed if accepted. Justification 
for acceptance of a modified design must be provided to substantiate 
product utility and long term stability and endurance. To obtain the 
Agency's acceptance of a modified design, refer to the product 
acceptance procedures available at http://www.usda.gov/rus/telecom/
listing_procedures/index_listing_procedures.htm, as well as RUS Bulletin 
345-3.
    (3) Jacket thickness requirements. Jackets applied over an integral 
messenger must meet the following requirements:
    (i) The minimum jacket thickness at any point over the support 
messenger must meet the requirements of paragraph D.3 of ANSI/ICEA S-87-
640 (incorporated by reference at Sec.  1755.901(c)).
    (ii) The web dimension for self-supporting aerial cable must meet 
the requirements of paragraph D.3 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (o) Sheath slitting cord. (1) A sheath slitting cord or ripcord is 
optional.
    (2) When a sheath slitting cord is used it must be capable of 
slitting the jacket or jacket and armor, at least one meter (3.3 feet) 
length without breaking the cord at a temperature of 23 5 [deg]C (73 9 [deg]F).
    (3) The sheath slitting cord must meet the sheath slitting cord test 
described in paragraph (t)(1) of this section.
    (p) Identification markers. (1) Each length of cable must be 
permanently identified. The method of marking must be by means of 
suitable surface markings producing a clear distinguishable contrasting 
marking meeting paragraph 6.1.1 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)), and must meet the durability 
requirements of paragraphs 7.5.2 through 7.5.2.2 of ANSI/ICEA S-87-640.
    (2) The color of the initial marking must be white or silver. If the 
initial marking fails to meet the requirements of the preceding 
paragraphs, it will be permissible to either remove the defective 
marking and re-mark with the white or silver color or leave the 
defective marking on the cable and re-mark with yellow. No further re-
marking is permitted. Any re-marking must be done on a different portion 
of the cable's circumference where the existing marking is found and 
have a numbering sequence differing from any other marking by at least 
3,000. Any reel of cable that contains more than one set of sequential 
markings must be labeled to indicate the color and sequence of marking 
to be used. The labeling must be applied to the reel and also to the 
cable.
    (3) Each length of cable must be permanently labeled OPTICAL CABLE, 
OC, OPTICAL FIBER CABLE, or OF on the outer jacket and identified as to 
manufacturer and year of manufacture.
    (4) Each length of cable intended for direct burial installation 
must be marked with a telephone handset in compliance with requirements 
of the Rule 350G of the ANSI/IEEE C2-2007 (incorporated by reference at 
Sec.  1755.901(b)).
    (5) Each length of cable must be identified as to the manufacturer 
and year of manufacturing. The manufacturer and year of manufacturing 
may also be indicated by other means as indicated in paragraphs 6.1.2 
through 6.1.4 of ANSI/ICEA S-87-640 (incorporated by reference at Sec.  
1755.901(c)).

[[Page 730]]

    (6) The number of fibers on the jacket must be marked on the jacket.
    (7) The completed cable must have sequentially numbered length 
markers in METERS or FEET at regular intervals of not more than 2 feet 
or not more than 1 meter along the outside of the jacket. Continuous 
sequential numbering must be employed in a single length of cable. The 
numbers must be dimensioned and spaced to produce good legibility and 
must be approximately 3 millimeters (118 mils) in height. An occasional 
illegible marking is permissible when it is located within 2 meters of a 
legible making for cables marked in meters or 4 feet for cables marked 
in feet.
    (8) Agreement between the actual length of the cable and the length 
marking on the cable jacket must be within the limits of + 1 percent and 
-0 percent.
    (9) Jacket print test. Cables must meet the Jacket Print Test 
described in paragraphs 7.5.2.1 and 7.5.2.2 of ANSI/ICEA S-87-640 
(incorporated by reference at Sec.  1755.901(c)).
    (q) Performance of a finished cable--(1) Zero dispersion optical 
fiber cable. Unless otherwise specified by the end user, the optical 
performance of a finished cable must comply with the attributes of Table 
2, G.652.B attributes, found in ITU Recommendation G.652 (incorporated 
by reference at Sec.  1755.901(f)). However, when the end user 
stipulates a low water peak fiber the finished cable must meet the 
attributes of Table 4, G.652.D attributes, found in ITU-T Recommendation 
G.652; or when the end user stipulates a low bending loss fiber, the 
finished cable must meet the attributes of Table 7-1, G.657 class A 
attributes, found in ITU-T Recommendation G.657 (incorporated by 
reference at Sec.  1755.901(f)).
    (i) The attenuation methods must be per Table 8.4, Optical 
attenuation measurement methods, of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (ii) The cable must have a maximum attenuation of 0.1 dB at a point 
of discontinuity (a localized deviation of the optical fiber loss). Per 
paragraphs 8.4 and 8.4.1 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)), measurements must be conducted at 1310 
and 1550 nm, and at 1625 nm when specified by the end user.
    (iii) The cable cutoff wavelength ([gamma]cc) must be 
reported per paragraph 8.5.1 of ANSI/ICEA S-87-640 (incorporated by 
reference in Sec.  1755.901(c)).
    (2) Nonzero dispersion optical fiber cable. Unless otherwise 
specified by the end user, the optical performance of the finished cable 
must comply with the attributes of Table 1, G.656 attributes, found in 
ITU-T Recommendation G.656 (incorporated by reference at Sec.  
1755.901(f)). When the buyer specifies Recommendation A, B, C, D or E of 
ITU-T Recommendation G.655 (incorporated by reference at Sec.  
1755.901(f)), the finished cable must comply with the attributes of ITU-
T Recommendation G.655.
    (i) The attenuation methods must be per Table 8.4, Optical 
attenuation measurement methods of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (ii) The cable must have a maximum attenuation of 0.1 dB at a point 
of discontinuity (a localized deviation of the optical fiber loss). Per 
paragraphs 8.4 and 8.4.1 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)), measurements must be conducted at 1310 
and 1550 nm, and at 1625 nm when specified by the end user.
    (iii) The cable cutoff wavelength ([gamma]cc) must be 
reported per paragraph 8.5.1 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (3) Multimode optical fiber cable. Unless otherwise specified by the 
end user, the optical performance of the fibers in a finished cable must 
comply with Table 8.1, Attenuation coefficient performance requirement 
(dB/k), Table 8.2, Multimode bandwidth coefficient performance 
requirements (MHz-km) and Table 8.3, Points discontinuity acceptance 
criteria (dB), of ANSI/ICEA S-87-640 (incorporated by reference at Sec.  
1755.901(c)).
    (4) Because the accuracy of attenuation measurements for single mode 
fibers becomes questionable when measured on short cable lengths, 
attenuation measurements are to be made utilizing characterization cable 
lengths. Master Cable reels must be tested and the attenuation values

[[Page 731]]

measured will be used for shorter ship lengths of cable.
    (5) Because the accuracy of attenuation measurements for multimode 
fibers becomes questionable when measured on short cable lengths, 
attenuation measurements are to be made utilizing characterization cable 
lengths. If the ship length of cable is less than one kilometer, the 
attenuation values measured on longer lengths of cable (characterization 
length of cable) before cutting to the ship lengths of cable may be 
applied to the ship lengths.
    (6) Attenuation must be measured per Table 8.4, Optical Attenuation 
Measurement Methods, of ANSI/ICEA S-87-640 (incorporated by reference at 
Sec.  1755.901(c)).
    (7) The bandwidth of multimode fibers in a finished cable must be no 
less than the values specified in ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)), Table 8.2 per paragraphs 8.3.1 and 
8.3.2.
    (r) Mechanical requirements. Fiber optic cables manufactured under 
the requirements of this section must be tested by the manufacturer to 
determine compliance with such requirements. Unless otherwise specified, 
testing must be performed at the standard conditions defined in 
paragraph 7.3.1 of ANSI/ICEA S-87-640 (incorporated by reference at 
Sec.  1755.901(c)). The standard optical test wavelengths to be used are 
1550 nm single mode and 1300 nm multi-mode, unless otherwise specified 
in the individual test.
    (1) Sheath slitting cord test. All cables manufactured under the 
requirements of this section must meet the Ripcord Functional Test 
described in paragraphs 7.18.1 and 7.18.2 of ANSI/ICEA S-87-640 
(incorporated by reference at Sec.  1755.901(c)).
    (2) Material compatibility and cable aging test. All cables 
manufactured under the requirements of this section must meet the 
Material Compatibility and Cable Aging Test described in paragraphs 7.19 
through 7.19.2.4 of ANSI/ICEA S-87-640 (incorporated by reference at 
Sec.  1755.901(c)).
    (3) Cable low and high bend test. Cables manufactured under the 
requirements of this section must meet the Cable Low (-30 [deg]C (-22 
[deg]F)) and High (60 [deg]C (140 [deg]F)) Temperatures Bend Test per 
paragraphs 7.21 and 7.21.2 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (4) Compound flow test. All cables manufactured under the 
requirements of this section must meet the test described in paragraphs 
7.23, 7.23.1, and 7.23.2 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (5) Cyclic flexing test. All cables manufactured under the 
requirements of this section must meet the Flex Test described in 
paragraphs 7.27 through 7.27.2 of the ANSI/ICEA S-87-640 (incorporated 
by reference at Sec.  1755.901(c)).
    (6) Water penetration test. All cables manufactured under the 
requirements of this section must meet paragraphs 7.28 through 7.28.2 of 
ANSI/ICEA S-87-640 (incorporated by reference at Sec.  1755.901(c)).
    (7) Cable impact test. All cables manufactured under the 
requirements of this section must meet the Cable Impact Test described 
in paragraphs 7.29.1 and 7.29.2 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (8) Cable tensile loading and fiber strain test. Cables manufactured 
under the requirements of this section must meet the Cable Loading and 
Fiber Strain Test described in paragraphs 7.30 through 7.30.2 of ANSI/
ICEA S-87-640 (incorporated by reference at Sec.  1755.901(c)). This 
test does not apply to aerial self-supporting cables.
    (9) Cable compression test. All cables manufactured under 
requirements of this section must meet the Cable Compressive Loading 
Test described in paragraphs 7.31 through 7.31.2 of ANSI/ICEA S-87-640 
(incorporated by reference at Sec.  1755.901(c)).
    (10) Cable twist test. All cables manufactured under the 
requirements of this section must meet the Cable Twist Test described in 
paragraphs 7.32 through 7.32.2 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (11) Cable Lighting damage susceptibility test. Cables manufactured 
under the requirements of this section must meet the Cable Lighting 
Damage Susceptibility Test described in paragraphs 7.33 and 7.33.1 of 
ANSI/ICEA S-87-640 (incorporated by reference at Sec.  1755.901(c)).

[[Page 732]]

    (12) Cable external freezing test. All cables manufactured under the 
requirements of this section must meet the Cable External Freezing Test 
described in paragraphs 7.22 and 7.22.1 of ANSI/ICEA S-87-640 
(incorporated by reference at Sec.  1755.901(c)).
    (13) Cable temperature cycling test. All cables manufactured under 
the requirements of this section must meet the Cable Temperature Cycling 
Test described in paragraph 7.24.1 of ANSI/ICEA S-87-640 (incorporated 
by reference at Sec.  1755.901(c)).
    (14) Cable sheath adherence test. All cables manufactured under the 
requirements of this section must meet the Cable Sheath Adherence Test 
described in paragraphs 7.26.1 and 7.26.2 of ANSI/ICEA S-87-640 
(incorporated by reference at Sec.  1755.901(c)).
    (15) Mid-span test. This test is applicable only to cables of a 
loose tube design specified for mid-span applications with tube storage. 
Cable of specialty design may be exempted from this requirement when 
this requirement is not applicable to such design. All buried and 
underground loose tube single mode cables manufactured per the 
requirements in this section and intended for mid-span applications with 
tube storage must meet the following mid-span test without exhibiting an 
increase in fiber attenuation greater than 0.1 dB and a maximum average 
increase over all fibers of 0.05 dB.
    (i) The specimen must be installed in a commercially available 
pedestal or closure or in a device that mimics their performance, as 
follows: A length of cable sheath, equal to the mid-span length, must be 
removed from the middle of the test specimen so as to allow access to 
the buffer tubes. All binders, tapes, strength members, etc. must be 
removed. The buffer tubes must be left intact. The cable ends defining 
the ends of the mid-span length must be properly secured in the closure 
to the more stringent of the cable or hardware manufacturer's 
recommendations. Strength members must be secured with an end stop type 
clamp and the outer jacket must be clamped to prevent slippage. A 
minimum of 6.096 meters (20 feet) of cable must extend from the entry 
and exit ports of the closure for the purpose of making optical 
measurements. If a device that mimics the performance of pedestals or 
closures is used, the buffer tubes must be wound in a coil with a 
minimum width of 3 inches and minimum length of 12 inches.
    (ii) The expressed buffer tubes must be loosely constrained during 
the test.
    (iii) The enclosure, with installed cable, must be placed in an 
environmental chamber for temperature cycling. It is acceptable for some 
or all of the two 20 feet (6.096 meters) cable segments to extend 
outside the environmental chamber.
    (iv) Lids, pedestal enclosures, or closure covers must be removed if 
possible to allow for temperature equilibrium of the buffer tubes. If 
this is not possible, the manufacturer must demonstrate that the buffer 
tubes are at temperature equilibrium prior to beginning the soak time.
    (v) Measure the attenuation of single mode fibers at 1550 10 nm. The supplier must certify the performance of 
lower specified wavelengths comply with the mid-span performance 
requirements.
    (vi) After measuring the attenuation of the optical fibers, test the 
cable sample per TIA/EIA Standard 455-3A (incorporated by reference at 
Sec.  1755.901(e)). Temperature cycling, measurements, and data 
reporting must conform to TIA/EIA Standard 455-3A. The test must be 
conducted for at least five complete cycles. The following detailed test 
conditions must apply:
    (A) TIA/EIA Standard 455-3A (incorporated by reference at Sec.  
1755.901(e)), Section 4.1--Loose tube single mode optical cable sample 
must be tested.
    (B) TIA/EIA Standard 455-3A (incorporated by reference at Sec.  
1755.901(e)), Section 4.2--An Agency accepted 8 to 12 inch diameter 
optical buried distribution pedestal or a device that mimics their 
performance must be tested.
    (C) Mid-span opening for installation of loose tube single mode 
optical cable in pedestal must be 6.096 meters (20 feet).
    (D) TIA/EIA Standard 455-3A (incorporated by reference at Sec.  
1755.901(e)), Section 5.1--3 hours soak time.
    (E) TIA/EIA Standard 455-3A (incorporated by reference at Sec.  
1755.901(e)),

[[Page 733]]

Section 5.2--Test Condition C-2, minimum -40 [deg]C (-40 [deg]F) and 
maximum 70 [deg]Celsius (158 [deg]F).
    (F) TIA/EIA Standard 455-3A (incorporated by reference at Sec.  
1755.901(e)), Section 5.7.2--A statistically representative amount of 
transmitting fibers in all express buffer tubes passing through the 
pedestal and stored must be measured.
    (G) The buffer tubes in the closure or pedestal must not be handled 
or moved during temperature cycling or attenuation measurements.
    (vii) Fiber cable attenuation measured through the express buffer 
tubes during the last cycle at -40 [deg]C (-40 [deg]F) and + 70 [deg]C 
(158 [deg]F) must not exceed a maximum increase of 0.1 dB and must not 
exceed a 0.05 dB average across all tested fibers from the initial 
baseline measurements. At the conclusion of the temperature cycling, the 
maximum attenuation increase at 23 [deg]C from the initial baseline 
measurement must not exceed 0.05 dB which allows for measurement noise 
that may be encountered during the test. The cable must also be 
inspected at room temperature at the conclusion of all measurements; the 
cable must not show visible evidence of fracture of the buffer tubes nor 
show any degradation of all exposed cable assemblies.
    (16) Aerial self-supporting cables. The following tests apply to 
aerial cables only:
    (i) Static tensile testing of aerial self-supporting cables. Aerial 
self-supporting cable must meet the test described in paragraphs D.4.1.1 
through D.4.1.5 of ANSI/ICEA S-87-640 (incorporated by reference at 
Sec.  1755.901(c)).
    (ii) Cable galloping test. Aerial self-supporting cable made to the 
requirements of this section must meet the test described in paragraphs 
D.4.2 through D.4.2.3 of ANSI/ICEA S-87-640 (incorporated by reference 
at Sec.  1755.901(c)).
    (s) Pre-connectorized cable. (1) At the option of the manufacturer 
and upon request by the end user, the cable may be factory terminated 
with connectors.
    (2) All connectors must be accepted by the Agency prior to their 
use. To obtain the Agency's acceptance of connectors, refer to product 
acceptance procedures available at http://www.usda.gov/rus/telecom/
listing_procedures/index_listing_procedures.htm as well as RUS Bulletin 
345-3.
    (t) Acceptance testing. (1) The tests described in the Appendix to 
this section are intended for acceptance of cable designs and major 
modifications of accepted designs. What constitutes a major modification 
is at the discretion of the Agency. These tests are intended to show the 
inherent capability of the manufacturer to produce cable products that 
have satisfactory performance characteristics, long life, and long-term 
optical stability but are not intended as field tests. After initial 
Rural Development product acceptance is granted, the manufacturer will 
need to apply for continued product acceptance in January of the third 
year after the year of initial acceptance. For information on Agency 
acceptance, refer to the product acceptance procedures available at 
http://www.usda.gov/rus/telecom/listing_procedures/
index_listing_procedures.htm, as well as RUS Bulletin 345-3.
    (2) Acceptance. For initial acceptance, the manufacturer must 
submit:
    (i) An original signature certification that the product fully 
complies with each paragraph of this section;
    (ii) Qualification Test Data, per the Appendix to this section;
    (iii) A set of instructions for handling the cable;
    (iv) OSHA Material Safety Data Sheets for all components;
    (v) Agree to periodic plant inspections;
    (vi) A certification stating whether the cable, as sold to RUS 
Telecommunications borrowers, complies with the following two 
provisions:
    (A) Final assembly or manufacture of the product, as the product 
would be used by an RUS Telecommunications borrower, is completed in the 
United States or eligible countries (currently, Mexico, Canada and 
Israel); and
    (B) The cost of United States and eligible countries' components (in 
any combination) within the product is more than 50 percent of the total 
cost of all components utilized in the product. The cost of non-domestic 
components (components not manufactured within the United States or 
eligible

[[Page 734]]

countries) which are included in the finished product must include all 
duties, taxes, and delivery charges to the point of assembly or 
manufacture;
    (vii) Written user testimonials concerning performance of the 
product; and
    (viii) Other nonproprietary data deemed necessary.
    (3) Re-qualification acceptance. For submission of a request for 
continued product acceptance after the initial acceptance, follow 
paragraph (v)(1) of this section and then, in January every three years, 
the manufacturer must submit an original signature certification stating 
that the product fully complies with each paragraph of this section, 
excluding the Qualification Section, and a certification that the 
products sold to RUS Telecommunications borrowers comply with paragraphs 
(v)(2)(vi) through (v)(2)(vi)(B) of this section. The tests of the 
Appendix to this section must be conducted and records kept for at least 
three years and the data must be made available to the Agency on 
request. The required data must have been gathered within 90 days of the 
submission. A certification must be submitted to the Agency stating that 
the cable manufactured to the requirements of this section has been 
tested per the Appendix of this section and that the cable meets the 
test requirements.
    (4) Initial and re-qualification acceptance requests should be 
addressed to: Chairman, Technical Standards Committee ``A'' 
(Telecommunications), STOP 1550, Advanced Services Division, Rural 
Development Telecommunications Program, Washington, DC 20250-1500.
    (5) Tests on 100 Percent of Completed Cable. (i) The armor for each 
length of cable must be tested for continuity using the procedures of 
ASTM D 4566 (incorporated by reference at Sec.  1755.901(d)).
    (ii) Attenuation for each optical fiber in the cable must be 
measured.
    (iii) Optical discontinuities greater than 0.1 dB must be isolated 
and their location and amplitude recorded.
    (6) Capability tests. The manufacturer must establish a quality 
assurance system. Tests on a quality assurance basis must be made as 
frequently as is required for each manufacturer to determine and 
maintain compliance with all the mechanical requirements and the fiber 
and cable attributes required by this section, including:
    (i) Numerical aperture and bandwidth of multimode fibers;
    (ii) Cut off wavelength of single mode fibers;
    (iii) Dispersion of single mode fibers;
    (iv) Shrinkback and cold testing of loose tube and tight tube 
buffers, and mid-span testing of cables of a loose tube design with tube 
storage;
    (v) Adhesion properties of the protective fiber coating;
    (vi) Dielectric strength between the armor and the metallic central 
member;
    (vii) Performance requirements for the fibers.
    (viii) Performance requirements for the inner and outer jacketing 
materials;
    (ix) Performance requirements for the filling and flooding 
compounds;
    (x) Bonding properties of the coated armoring material;
    (xi) Sequential marking and lettering; and
    (xii) Mechanical tests described in paragraphs (t)(1) through 
(t)(16)(ii) of this section.
    (u) Records tests. (1) Each manufacturer must maintain suitable 
summary records for a period of at least 3 years of all optical and 
physical tests required on completed cable by section as set forth in 
paragraphs (v)(5) and (v)(6) of this section. The test data for a 
particular reel must be in a form that it may be readily available to 
the Agency upon request. The optical data must be furnished to the end 
user on a suitable and easily readable form.
    (2) Measurements and computed values must be rounded off to the 
number of places or figures specified for the requirement per paragraph 
1.3 of ANSI/ICEA S-87-640 (incorporated by reference at Sec.  
1755.901(c)).
    (v) Manufacturing irregularities. (1) Under this section, repairs to 
the armor, when present, are not permitted in cable supplied to the end 
user.
    (2) Minor defects in the inner and outer jacket (defects having a 
dimension of 3 millimeter or less in any direction) may be repaired by 
means of

[[Page 735]]

heat fusing per good commercial practices utilizing sheath grade 
compounds.
    (w) Packaging and preparation for shipment. (1) The cable must be 
shipped on reels containing one continuous length of cable. The diameter 
of the drum must be large enough to prevent damage to the cable from 
reeling and unreeling. The diameter must be at least equal to the 
minimum bending diameter of the cable. The reels must be substantial and 
so constructed as to prevent damage during shipment and handling.
    (2) A circumferential thermal wrap or other means of protection must 
be secured between the outer edges of the reel flange to protect the 
cable against damage during storage and shipment. The thermal wrap must 
meet the requirements included in the Thermal Reel Wrap Test, described 
below. This test procedure is for qualification of initial and 
subsequent changes in thermal reel wraps.
    (i) Sample selection. All testing must be performed on two 450 
millimeter (18 inches) lengths of cable removed sequentially from the 
same fiber jacketed cable. This cable must not have been exposed to 
temperatures in excess of 38 [deg]C (100 [deg]F) since its initial cool 
down after sheathing.
    (ii) Test procedure. (A) Place the two samples on an insulating 
material such as wood.
    (B) Tape thermocouples to the jackets of each sample to measure the 
jacket temperature.
    (C) Cover one sample with the thermal reel wrap.
    (D) Expose the samples to a radiant heat source capable of heating 
the uncovered sample to a minimum of 71 [deg]C (160 [deg]F). A GE 600 
watt photoflood lamp or an equivalent lamp having the light spectrum 
approximately that of the sun must be used.
    (E) The height of the lamp above the jacket must be 380 millimeters 
(15 inches) or an equivalent height that produces the 71 [deg]C (160 
[deg]F) jacket temperature on the unwrapped sample must be used.
    (F) After the samples have stabilized at the temperature, the jacket 
temperatures of the samples must be recorded after one hour of exposure 
to the heat source.
    (G) Compute the temperature difference between jackets.
    (H) The temperature difference between the jacket with the thermal 
reel wrap and the jacket without the reel wrap must be greater than or 
equal to 17 [deg]C (63 [deg]F).
    (3) Cables must be sealed at the ends to prevent entrance of 
moisture.
    (4) The end-of-pull (outer end) of the cable must be securely 
fastened to prevent the cable from coming loose during transit. The 
start-of-pull (inner end) of the cable must project through a slot in 
the flange of the reel, around an inner riser, or into a recess on the 
flange near the drum and fastened in such a way to prevent the cable 
from becoming loose during installation.
    (5) Spikes, staples or other fastening devices must be used in a 
manner which will not result in penetration of the cable.
    (6) The arbor hole must admit a spindle 63.5 millimeters (2.5 
inches) in diameter without binding.
    (7) Each reel must be plainly marked to indicate the direction in 
which it should be rolled to prevent loosening of the cable on the reel.
    (8) Each reel must be stenciled or lettered with the name of the 
manufacturer.
    (9) The following information must be either stenciled on the reel 
or on a tag firmly attached to the reel: Optical Cable, Type and Number 
of Fibers, Armored or Non-armored, Year of Manufacture, Name of Cable 
Manufacturer, Length of Cable, Reel Number, 7 CFR 1755.902, Minimum 
Bending Diameter for both Residual and Loaded Condition during 
installation.

    Example: Optical Cable, G.657 class A, 4 fibers, Armored, XYZ 
Company, 1050 meters, Reel Number 3, 7 CFR 1755.902. Minimum Bending 
Diameter: Residual (Installed): 20 times Cable O.D., Loaded Condition: 
40 times Cable O.D.

                       Appendix to Sec.  1755.902

[[Page 736]]



                                               Fiber Optic Cables
                               Bulletin 1753F-601(PE-90) Qualifications Test Data
[Initial qualification and three year re-qualification test data required for TELECOMMUNICATIONS PROGRAM product
              acceptance. Please note that some tests may apply only to a particular cable design.]
----------------------------------------------------------------------------------------------------------------
                                                                                 Initial           3 Year re-
                 Paragraph                                Test                qualification      qualification
----------------------------------------------------------------------------------------------------------------
(e)(4)(i)..................................  Shrinkback...................                 X
(e)(4)(ii).................................  Cold Bend....................                 X
(t)(1).....................................  Sheath Slitting Cord.........                 X
(t)(2).....................................  Material Compatibility.......                 X
(t)(3).....................................  Cable Low & High Bend........                 X                  X
(t)(4).....................................  Compound Flow................                 X
(t)(5).....................................  Cyclic Flexing...............                 X                  X
(t)(6).....................................  Water Penetration............                 X                  X
(t)(7).....................................  Cable Impact.................                 X                  X
(t)(8).....................................  Cable Tensile Loading & Fiber                 X                  X
                                              Strain.
(t)(9).....................................  Cable Compression............                 X
(t)(10)....................................  Cable Twist..................                 X                  X
(t)(11)....................................  Cable Lighting Damage                         X
                                              Susceptibility.
(t)(12)....................................  Cable External Freezing......                 X
(t)(13)....................................  Cable Temperature Cycling....                 X                  X
(t)(14)....................................  Cable Sheath Adherence.......                 X
(t)(15)....................................  Mid-Span.....................                 X                  X
(t)(16)(i).................................  Static Tensile Testing of                     X                  X
                                              Aerial Self-Supporting
                                              Cables.
(t)(16)(ii)................................  Cable Galloping..............                 X
(y)(2)(i)..................................  Thermal Reel Wrap test.......                 X
----------------------------------------------------------------------------------------------------------------


[74 FR 20561, May 5, 2009]



Sec.  1755.903  Fiber optic service entrance cables.

    (a) Scope. This section covers Agency requirements for fiber optic 
service entrance cables intended for aerial installation either by 
attachment to a support strand or by an integrated self-supporting 
arrangement, for underground application by placement in a duct, or for 
buried installations by trenching, direct plowing, directional or 
pneumatic boring. Cable meeting this section is recommended for fiber 
optic service entrances having 12 or fewer fibers with distances less 
than 100 meters (300 feet).
    (1) General. (i) Specification requirements are given in SI units 
which are the controlling units in this part. Approximate English 
equivalent of units are given for information purposes only.
    (ii) The optical waveguides are glass fibers having directly-applied 
protective coatings, and are called ``fibers,'' herein. These fibers may 
be assembled in either loose fiber bundles with a protective core tube, 
encased in several protective buffer tubes, in tight buffer tubes, or 
ribbon bundles with a protective core tube.
    (iii) Fillers, strength members, core wraps, and bedding tapes may 
complete the cable core.
    (iv) The core or buffer tubes containing the fibers and the 
interstices between the buffer tubes, fillers, and strength members in 
the core structure are filled with a suitable material or water 
swellable elements to exclude water.
    (v) The cable structure is completed by an extruded overall plastic 
jacket. A shield or armor or combination thereof may be included under 
the jacket. This jacket may have strength members embedded in it, in 
some designs.
    (vi) For rodent resistance or for additional protection with direct 
buried installations, it is recommended the use of armor under the outer 
jacket.
    (vii) For self-supporting cable the outer jacket may be extruded 
over the support messenger and cable core.
    (viii) For detection purposes, the cable may have toning elements 
embedded or extruded with the outer jacket.
    (2) The cable is fully color coded so that each fiber is 
distinguishable from every other fiber. A basic color scheme of twelve 
colors allows individual fiber identification. Colored tubes, binders, 
threads, striping, or markings provide fiber group identification.

[[Page 737]]

    (3) Cables manufactured to the requirements of this section must 
demonstrate compliance with the qualification testing requirements to 
ensure satisfactory end-use performance characteristics for the intended 
applications.
    (4) Optical cable designs not specifically addressed by this section 
may be allowed. Justification for acceptance of a modified design must 
be provided to substantiate product utility and long term stability and 
endurance. For information on how to obtain Agency's acceptance of such 
a modified design, refer to the product acceptance procedures available 
at http://www.usda.gov/rus/telecom/listing_procedures/
index_listing_procedures.htm as well as RUS Bulletin 345-3.
    (5) The cable must be designed for the temperatures ranges of Table 
1-1, Cable Normal Temperature Ranges, of ICEA S-110-717 (incorporated by 
reference at Sec.  1755.901(c)).
    (6) Tensile rating. The cable must have ratings that are no less 
than the tensile ratings indicated in paragraph 1.1.4, Tensile Rating, 
of Part 1 of the ICEA S-110-717 (incorporated by reference at Sec.  
1755.901(c)).
    (7) Self-supporting cables. Based on the storm loading districts 
referenced in Section 25, Loading of Grades B and C, of ANSI/IEEE C2-
2007 (incorporated by reference at Sec.  1755.901(b)), and the maximum 
span and location of cable installation provided by the end user, the 
manufacturer must provide a cable design with sag and tension tables 
showing the maximum span and sag information for that particular 
installation. The information included must be for Rule B, Ice and Wind 
Loading, and when applicable, information on Rule 250C, Extreme Wind 
Loading. Additionally, to ensure the proper ground clearance, typically 
a minimum of 4.7 m (15.5 feet), the end user should factor in the 
maximum sag under loaded conditions as well as height of attachment for 
each application.
    (8) Minimum bend diameter. For cable under loaded and unloaded 
conditions, the cable must have the minimum bend diameters indicated in 
paragraph 1.1.5, Minimum Bend Diameter, of Part 1 of ICEA S-110-717 
(incorporated by reference at Sec.  1755.901(c)). For very small cables, 
manufacturers may specify fixed cable minimum bend diameters that are 
independent of the outside diameter.
    (9) All cables sold to RUS Telecommunications borrowers must be 
accepted by the Agency's Technical Standards Committee ``A'' for 
projects involving RUS loan funds. All design changes to Agency 
acceptable designs must be submitted to the Agency for acceptance. 
Optical cable designs not specifically addressed by this section may be 
allowed, if accepted by the Agency. Justification for acceptance of a 
modified design must be provided to substantiate product utility and 
long term stability and endurance. For information on how to obtain the 
Agency's acceptance of cables, refer to the product acceptance 
procedures available at http://www.usda.gov/rus/telecom/
listing_procedures/index_listing_procedures.htm as well as RUS Bulletin 
345-3.
    (10) The Agency intends that the optical fibers contained in the 
cables meeting the requirement of this section have characteristics that 
will allow signals, having a range of wavelengths, to be carried 
simultaneously.
    (11) The manufacturer is responsible to establish a quality 
assurance system meeting industry standards described in paragraph 1.8 
of ICEA S-110-717 (incorporated by reference at Sec.  1755.901(c)).
    (12) The cable made must meet paragraph 1.10 of ICEA S-110-717 
(incorporated by reference at Sec.  1755.901(c)).
    (b) Optical fibers. (1) The solid glass optical fibers must consist 
of a cylindrical core and cladding covered by either an ultraviolet-
cured acrylate or other suitable coating. Each fiber must be continuous 
throughout its length.
    (2) Optical fibers must meet the fiber attributes of Table 2, 
G.652.B attributes, of ITU-T Recommendation G.652 (incorporated by 
reference at Sec.  1755.901(f)), unless the end user specifically asks 
for another type of fiber. However, when the end user stipulates a low 
water peak fiber, the optical fibers must meet the fiber attributes of 
Table 4, G.652.D attributes, of ITU-T Recommendation G.652; or when the 
end user stipulates a low bending loss fiber, the optical fibers must 
meet the fiber

[[Page 738]]

attributes of Table 7-1, G.657 class A attributes, of ITU-T 
Recommendation G.657 (incorporated by reference at Sec.  1755.901(f)).
    (i) Additionally, optical ribbon fibers must meet paragraph 3.3, 
Optical Fiber Ribbons, of Part 3 of ICEA S-110-717 (incorporated by 
reference at Sec.  1755.901(c)).
    (ii) [Reserved]
    (3) Multimode fibers. Optical fibers must meet the requirements of 
paragraphs 2.1 and 2.3.1 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (4) Matched cable. Unless otherwise specified by the buyer, all 
single mode fiber cables delivered to an Agency-financed project must be 
manufactured to the same MFD specification. However, notwithstanding the 
requirements indicated in paragraphs (d)(2) and (d)(3) of this section, 
the maximum MFD tolerance allowed for cables meeting the requirements of 
this section must be of a magnitude meeting the definition of ``matched 
cable,'' as defined in paragraph (b) of Sec.  1755.900. With the use of 
cables meeting this definition the user can reasonably expect that the 
average bi-directional loss of a fusion splice to be <=0.1 dB.
    (5) Buyers will normally specify the MFD for the fibers in the 
cable. When a buyer does not specify the MFD at 1310 nm, the fibers must 
be manufactured to an MFD of 9.2 [micro]m with a maximum tolerance range 
of 0.5 [micro]m (362 20 
microinch), unless the buyer agrees to accept cable with fibers 
specified to a different MFD. When the buyer does specify a MFD and 
tolerance conflicting with the MFD maximum tolerance allowed by 
paragraph (d)(4) of this section, the requirements of paragraph (d)(4) 
must prevail.
    (6) Factory splices are not allowed.
    (7) All optical fibers in any single length of cable must be of the 
same type unless otherwise specified by end user.
    (8) Optical fiber dimensions and data reporting must be as required 
by paragraph 7.13.1.1 of ANSI/ICEA S-87-640 (incorporated by reference 
at Sec.  1755.901(c)).
    (c) Buffers/coating. (1) The optical fibers contained in a buffer 
tube (loose tube) loosely packaged must have a clearance between the 
fibers and the inside of the container sufficient to allow for thermal 
expansions without constraining the fibers. The protective container 
must be manufactured from a material having a coefficient of friction 
sufficiently low to allow the fibers free movement. The design may 
contain more than one tube. Loose buffer tubes must meet the 
requirements of Paragraph 3.2.1, Loose Buffer Tube Dimensions, of Part 3 
of ICEA S-110-717 (incorporated by reference at Sec.  1755.901(c)).
    (2) The loose tube coverings of each color and other fiber package 
types removed from the finished cable must meet the following shrinkback 
and cold bend performance requirements. The fibers may be left in the 
tube.
    (i) Shrinkback. Testing must be conducted per ASTM D 4565 
(incorporated by reference at Sec.  1755.901(d)), paragraph 14.1, using 
a talc bed at a temperature of 95 [deg]C. Shrinkback must not exceed 5 
percent of the original 150 millimeter length of the specimen. The total 
shrinkage of the specimen must be measured.
    (ii) Cold bend. Testing must be conducted on at least one tube from 
each color in the cable. Stabilize the specimen to -20 1 [deg]C for a minimum of four hours. While holding the 
specimen and mandrel at the test temperature, wrap the tube in a tight 
helix ten times around a mandrel with a diameter the greater of five 
times the tube diameter or 50 mm. The tube must show no evidence of 
cracking when observed with normal or corrected-to-normal vision.
    (3) Optical fiber coating must meet the requirements of paragraph 
2.4, Optical Fiber Coatings and Requirements, of Part 2 of ICEA S-110-
717 (incorporated by reference at Sec.  1755.901(c)).
    (i) All protective coverings in any single length of cable must be 
continuous and be of the same material except at splice locations.
    (ii) The protective coverings must be free from holes, splits, 
blisters, and other imperfections and must be as smooth and concentric 
as is consistent with the best commercial practice.
    (iii) Repairs to the fiber coatings are not allowed.
    (d) Fiber and buffer tube identification. Fibers within a unit and 
the units

[[Page 739]]

within a cable must be identified as indicated in paragraphs 4.2 and 4.3 
of Part 4 of ICEA S-110-717 (incorporated by reference at Sec.  
1755.901(c)), respectively.
    (e) Strength members. (1) Combined strength of all the strength 
members must be sufficient to support the stress of installation and to 
protect the cable in service. Strength members must meet paragraph 4.4, 
Strength Members, of ICEA S-110-717 (incorporated by reference at Sec.  
1755.901(c)). Self supporting aerial cables using the strength members 
as an integral part of the cable strength must comply with paragraph 
C.4, Static Tensile Testing of Aerial Self-Supporting Cables, of ANNEX C 
of ICEA S-110-717.
    (2) Strength members may be incorporated into the core as a central 
support member or filler, as fillers between the fiber packages, as an 
annular serving over the core, as an annular serving over the 
intermediate jacket, embedded in the outer jacket or as a combination of 
any of these methods.
    (3) The central support member or filler must contain no more than 
one splice per kilometer of cable. Individual fillers placed between the 
fiber packages and placed as annular servings over the core must contain 
no more than one splice per kilometer of cable. Cable sections having 
central member or filler splices must meet the same physical 
requirements as un-spliced cable sections.
    (4) Notwithstanding what has been indicated in other parts of this 
document, in each length of completed cable having a metallic central 
member, the dielectric strength between the optional armor and the 
metallic center member must withstand at least 15 kilovolts direct 
current for 3 seconds.
    (f) Forming the cable core. (1) Protected fibers must be assembled 
with the optional central support member and strength members in such a 
way as to form a cylindrical group or other acceptable core 
constructions and must meet Section 4.5, Assembly of Cables, of Part 4 
of ICEA S-110-717 (incorporated by reference at 1755.901(c)). Other 
acceptable cable cores include round, figure 8, flat or oval designs.
    (2) The standard cylindrical group or core designs must consist of 
12 fibers or less.
    (3) When threads or tapes are used as core binders, they must be 
colored either white or natural and must be a non-hygroscopic and non-
wicking dielectric material. Water swell-able threads and tapes are 
permitted.
    (g) Filling/flooding compounds and water blocking elements. (1) To 
prevent the ingress and migration of water through the cable and core, 
filling/flooding compounds or water blocking elements must be used.
    (i) Filling compounds must be applied into the interior of the loose 
fiber tubes and into the interstices of the core. When a core wrap is 
used, the filling compound must also be applied to the core wrap, over 
the core wrap and between the core wrap and inner jacket when required.
    (ii) Flooding compounds must be sufficiently applied between the 
optional inner jacket and armor and between the armor and outer jacket 
so that voids and air spaces in these areas are minimized. The use of 
floodant between the armor and outer jacket is not required when uniform 
bonding, per paragraph l(9) of this section, is achieved between the 
plastic-clad armor and the outer jacket. Floodant must exhibit adhesive 
properties sufficient to prevent jacket slip when tested per the 
requirements of paragraphs 7.26 through 7.26.2 of Part 7, Testing, Test 
Methods, and Requirements, of ANSI/ICEA S-87-640 (incorporated by 
reference at 1755.901(c)).
    (iii) Water blocking elements must achieve equal or better 
performance in preventing the ingress and migration of water as compared 
to filling and flooding compounds. In lieu of a flooding compound, water 
blocking elements may be applied between the optional inner jacket and 
armor and between the armor and outer jacket to prevent water migration. 
The use of the water blocking elements between the armor and outer 
jacket is not required when uniform bonding, per paragraph (l)(10) of 
this section, is achieved between the plastic-clad armor and the outer 
jacket.
    (2) The materials must be homogeneous and uniformly mixed; free

[[Page 740]]

from dirt, metallic particles and other foreign matter; easily removed; 
nontoxic and present no dermal hazards.
    (3) The individual cable manufacturer must satisfy the Agency that 
the filling compound or water blocking elements selected for use is 
suitable for its intended application.
    (i) Filling/Flooding compound materials must be compatible with the 
cable components when tested per paragraph 7.16, Material Compatibility 
and Cable Aging Test, of Part 7 of ICEA S-110-717 (incorporated by 
reference at Sec.  1755.901(c)).
    (ii) Water blocking elements must be compatible with the cable 
components when tested per paragraph 7.16, Material Compatibility and 
Cable Aging Test, of Part 7 of ICEA S-110-717 (incorporated by reference 
at Sec.  1755.901(c)).
    (h) Core wrap (optional). (1) At the option of the manufacturer, one 
or more layers of non-hygroscopic and non-wicking dielectric material 
may be applied with an overlap over the core.
    (2) The core wrap(s) can be used to provide a heat barrier to 
prevent deformation or adhesion between the fiber tubes or can be used 
to contain the core.
    (3) When core wraps are used, sufficient filling compound must be 
applied to the core wraps so that voids or air spaces existing between 
the core wraps and between the core and the inner side of the core wrap 
are minimized.
    (i) Inner jacket (optional). (1) Inner jackets may be applied 
directly over the core or over the strength members. Inner jackets are 
optional.
    (2) The inner jacket material and test requirements must be the same 
as for the outer jacket material per paragraph (n) of this section, 
except that either black or natural polyethylene may be used. In the 
case of natural polyethylene, the requirements for absorption 
coefficient and the inclusion of furnace black are waived.
    (j) Armor (optional). (1) A steel armor, plastic coated on both 
sides, is recommended for direct buried service entrance cable in gopher 
areas. Armor is also optional for duct and aerial cable as required by 
the end user. The plastic coated steel armor must be applied 
longitudinally directly over the core wrap or the intermediate jacket 
and must have an overlapping edge.
    (2) The uncoated steel tape must be electrolytic chrome coated steel 
(ECCS) with a thickness of 0.155 0.015 
millimeters.
    (3) The reduction in thickness of the armoring material due to the 
corrugating or application process must be kept to a minimum and must 
not exceed 10 percent at any spot.
    (4) The armor of each length of cable must be electrically 
continuous with no more than one joint or splice allowed per kilometer 
of cable. This requirement does not apply to a joint or splice made in 
the raw material by the raw material manufacturer.
    (5) The breaking strength of any section of an armor tape, 
containing a factory splice joint, must not be less than 80 percent of 
the breaking strength of an adjacent section of the armor of equal 
length without a joint.
    (6) For cables containing no floodant over the armor, the overlap 
portions of the armor tape must be bonded in cables having a flat, non-
corrugated armor to meet the requirements of paragraphs (r)(1) and 
(r)(2) of this section. If the tape is corrugated, the overlap portions 
of the armor must be sufficiently bonded and the corrugations must be 
sufficiently in register to meet the requirements of paragraphs (r)(1) 
and (r)(2) of this section.
    (7) The armor tape must be so applied as to enable the cable to meet 
the testing requirements of paragraphs (r)(1) and (r)(2) of this 
section.
    (8) The protective coating on the steel armor must meet the Bonding-
to-Metal, Heat Sealability, Lap-Shear and Moisture Resistance 
requirements of Type I, Class 2 coated metals per ASTM B 736 
(incorporated by reference at Sec.  1755.901(d)).
    (9) When the jacket is bonded to the plastic coated armor, the bond 
between the plastic coated armor and the outer jacket must not be less 
than 525 Newtons per meter over at least 90 percent of the cable 
circumference when tested per ASTM D 4565 (incorporated by reference at 
Sec.  1755.901(d)). For cables with strength members embedded in the 
jacket, and residing directly over the armor, the area of the armor 
directly

[[Page 741]]

under the strength member is excluded from the 90 percent calculation.
    (k) Optional support messenger (aerial cable). (1) Integrated 
messenger(s) for self-supporting cable must provide adequate strength to 
operate under the appropriate weather loading conditions over the 
maximum specified span.
    (2) Based on the storm loading districts referenced in Section 25, 
Loading of Grades B and C, of ANSI/IEEE C2-2007 (incorporated by 
reference at Sec.  1755.901(b)), and the maximum span and location of 
cable installation provided by the end user, the manufacturer must 
provide a cable design with sag and tension tables showing the maximum 
span and sag information for that particular installation. The 
information included must be for Rule B, Ice and Wind Loading, and when 
applicable, information on Rule 250C, Extreme Wind Loading. 
Additionally, to ensure the proper ground clearance, typically a minimum 
of 4.7 m (15.5 feet) the end user should factor in the maximum sag under 
loaded conditions as well as height of attachment for each application.
    (l) Outer jacket. (1) The outer jacket must provide the cable with a 
tough, flexible, protective covering which can withstand exposure to 
sunlight, to atmosphere temperatures and to stresses reasonably expected 
in normal installation and service.
    (2) The jacket must be free from holes, splits, blisters, or other 
imperfections, and must be as smooth and concentric as is consistent 
with the best commercial practice.
    (3) Jacket materials must meet the stipulations of paragraph 5.4 of 
ANSI/ICEA S-87-640 (incorporated by reference at Sec.  1755.901(c)), 
except that the concentration of furnace black does not necessarily need 
to be initially contained in the raw material and may be added later 
during the jacket making process. Jacket thickness must have a 0.50 mm 
minimum thickness over the core or over any radial strength member used 
as the primary strength element(s), 0.20 mm when not used as the primary 
strength member, and 0.30 mm over any optional toning elements.
    (4) Jacket Repairs must meet the stipulations of paragraph 5.5, 
Jacket Repairs, of ICEA S-110-717 (incorporated by reference at Sec.  
1755.901(c)).
    (5) Jacket Testing: The jacket must be tested to determine 
compliance with requirements of this section. The specific tests for the 
jacket are described in paragraphs 7.6 through 7.11.2 of Part 7, 
Testing, Test Methods, and Requirements, of ANSI/ICEA S-87-640 
(incorporated by reference at Sec.  1755.901(c)).
    (m) Sheath slitting cord (optional). (1) A sheath slitting cord is 
optional.
    (2) When a sheath slitting cord is used it must be non-hygroscopic 
and non-wicking, or be rendered such by the filling or flooding 
compound, continuous throughout a length of cable and of sufficient 
strength to open the sheath over at least a one meter length without 
breaking the cord at a temperature of 23 5 [deg]C.
    (n) Identification and length markers. (1) Each length of cable must 
be permanently labeled OPTICAL CABLE, OC, OPTICAL FIBER CABLE, or OF on 
the outer jacket and identified as to manufacturer and year of 
manufacture.
    (2) Each length of cable intended for direct burial installation 
must be marked with a telephone handset in compliance with the 
requirements of the Rule 350G of ANSI/IEEE C2-2007 (incorporated by 
reference at Sec.  1755.901(b)).
    (3) Mark the number of fibers on the jacket.
    (4) The identification and date marking must conform to paragraph 
6.1, Identification and Date Marking, of ICEA S-110-717 (incorporated by 
reference at Sec.  1755.901(c)).
    (5) The length marking must conform to paragraph 6.3, Length 
Marking, of ICEA S-110-717 (incorporated by reference at Sec.  
1755.901(c)).
    (o) Optical performance of a finished cable. (1) Unless otherwise 
specified by the end user, the optical performance of a finished cable 
must comply with the attributes of Table 2, G.652.B attributes, found in 
ITU Recommendation G.652 (incorporated by reference at Sec.  
1755.901(f)). However, when the end user stipulates a low water peak 
fiber the finished cable must meet the attributes of Table 4, G.652.D 
attributes, found in ITU-T Recommendation G.652; or when the end user 
stipulates a low bending loss fiber, the finished cable

[[Page 742]]

must meet the attributes of Table 7-1, class A attributes, of ITU-T 
Recommendation G.657 (incorporated by reference at Sec.  1755.901(f)).
    (i) The attenuation methods must be per Table 8.4, Optical 
attenuation measurement methods, of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (ii) The cable must have a maximum attenuation of 0.1 dB at a point 
of discontinuity (a localized deviation of the optical fiber loss). Per 
paragraphs 8.4 and 8.4.1 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)), measurements must be conducted at 1310 
and 1550 nm, and at 1625 nm when specified by the end user.
    (iii) The cable cutoff wavelength ([gamma]cc) must be 
reported per paragraph 8.5.1 of ANSI/ICEA S-87-640 (incorporated by 
reference at Sec.  1755.901(c)).
    (2) Multimode optical fiber cable. Unless otherwise specified by the 
end user, the optical performance of the fibers in a finished cable must 
comply with Table 8.1, Attenuation coefficient performance requirement 
(dB/km), Table 8.2, Multimode bandwidth coefficient performance 
requirements (MHz-km), and Table 8.3, Points discontinuity acceptance 
criteria (d), of ANSI/ICEA S-87-640 (incorporated by reference at Sec.  
1755.901(c)).
    (3) Because the accuracy of attenuation measurements for single mode 
fibers becomes questionable when measured on short cable lengths, 
attenuation measurements are to be made utilizing characterization cable 
lengths. Master Cable reels must be tested and the attenuation values 
measured will be used for shorter ship lengths of cable.
    (4) Because the accuracy of attenuation measurements for multimode 
fibers becomes questionable when measured on short cable lengths, 
attenuation measurements are to be made utilizing characterization cable 
lengths. If the ship length of cable is less than one kilometer, the 
attenuation values measured on longer lengths of cable (characterization 
length of cable) before cutting to the ship lengths of cable may be 
applied to the ship lengths.
    (5) Attenuation must be measured per Table 8.4, Optical Attenuation 
Measurement Methods, ANSI/ICEA S-87-640 (incorporated by reference at 
Sec.  1755.901(c)).
    (6) The bandwidth of multimode fibers in a finished cable must be no 
less than the values specified in Table 8.2 per paragraph 8.3.1 of ANSI/
ICEA S-87-640 (incorporated by reference at Sec.  1755.901(c)).
    (p) Mechanical requirements. (1) Cable Testing: Cable designs must 
meet the requirements of Part 7, Testing and Test Methods, of ICEA S-
110-717 (incorporated by reference at Sec.  1755.901(c)), except for 
paragraph 7.15 applicable to tight tube fibers.
    (2) Bend test. All cables manufactured must meet the ``Cable Low and 
High Temperature Bend Test'' described in Section 7.21 (paragraphs 7.21, 
7.21.1, and 7.21.2) of ANSI/ICEA S-87-640 (incorporated by reference at 
Sec.  1755.901(c)).
    (q) Pre-connectorized cable (optional). (1) At the option of the 
manufacturer and upon request by the end user, the cable may be factory 
terminated with connectors.
    (2) All connectors must be accepted by the Agency prior to their 
use. For information on how to obtain the Agency's acceptance, refer to 
the product acceptance procedures available at http://www.usda.gov/rus/
telecom/listing_procedures/index_listing_procedures.htm as well as RUS 
Bulletin 345-3.
    (r) Acceptance testing and extent of testing. (1) The tests 
described in this section are intended for acceptance of cable designs 
and major modifications of accepted designs. What constitutes a major 
modification is at the discretion of the Agency. These tests are 
intended to show the inherent capability of the manufacturer to produce 
cable products that have satisfactory performance characteristics, long 
life, and long-term optical stability, but are not intended as field 
tests. For information on how to obtain the Agency's acceptance, refer 
to the product acceptance procedures available at http://www.usda.gov/
rus/telecom/listing_procedures/index_listing_procedures.htm as well as 
RUS Bulletin 345-3.
    (2) For initial acceptance, the manufacturer must submit:

[[Page 743]]

    (i) An original signature certification that the product fully 
complies with each paragraph of this section;
    (ii) Qualification Test Data for demonstrating that the cable meets 
the requirements of this section;
    (iii) A set of instructions for handling the cable;
    (iv) OSHA Material Safety Data Sheets for all components;
    (v) Agree to periodic plant inspections;
    (vi) Agency's ``Buy American'' Requirements. For each cable for 
which the Agency acceptance is requested, the manufacturer must include 
a certification stating whether the cable complies with the following 
two domestic origin manufacturing provisions:
    (A) Final assembly or manufacture of the product, as the product 
would be used by an Agency's borrower, is completed in the United States 
or eligible countries. For a list of eligible countries, see http://
www.usda.gov/rus/telecom/publications/eligible.htm; and
    (B) The cost of United States and eligible countries' components (in 
any combination) within the product is more than 50 percent of the total 
cost of all components utilized in the product. The cost of non-domestic 
components (components not manufactured within the United States or 
eligible countries) which are included in the finished product must 
include all duties, taxes, and delivery charges to the point of assembly 
or manufacture;
    (vii) Written user testimonials concerning performance of the 
product; and
    (viii) Other nonproprietary data deemed necessary by the Chief, 
Technical Support Branch (Telecommunications).
    (3) For continued Agency product acceptance, the manufacturer must 
submit an original signature certification that the product fully 
complies with each paragraph of this section and a certification stating 
whether the cable meets the two domestic provisions of paragraph 
(t)(2)(vi) above for acceptance by January every three years. The 
certification must be based on test data showing compliance with the 
requirements of this section. The test data must have been gathered 
within 90 days of the submission and must be kept on files per paragraph 
(u)(1).
    (4) Initial and re-qualification acceptance requests should be 
addressed to: Chairman, Technical Standards Committee ``A'' 
(Telecommunications), STOP 1550, Advanced Services Division, Rural 
Development Utilities Program, Washington, DC 20250-1550.
    (s) Records of optical and physical tests. (1) Each manufacturer 
must maintain suitable summary records for a period of at least 3 years 
of all optical and physical tests required on completed cable 
manufactured under the requirement of this section. The test data for a 
particular reel must be in a form that it may be readily available to 
the Agency upon request. The optical data must be furnished to the end 
user on a suitable and easily readable form.
    (2) Measurements and computed values must be rounded off to the 
number of places or figures specified for the requirement per paragraph 
1.3 of ANSI/ICEA S-87-640 (incorporated by reference at Sec.  
1755.901(c)).
    (t) Manufacturing irregularities. (1) Repairs to the armor, when 
present, are not permitted in cable supplied to the end user under the 
requirement of this section. The armor for each length of cable must be 
tested for continuity using the procedures of ASTM D 4566 (incorporated 
by reference at Sec.  1755.901(d)).
    (2) Minor defects in the inner and outer jacket (defects having a 
dimension of 3 millimeter or less in any direction) may be repaired by 
means of heat fusing per good commercial practices utilizing sheath 
grade compounds.
    (3) Buffer tube repair is permitted only in conjunction with fiber 
splicing.
    (u) Packaging and preparation for shipment. (1) All cables must 
comply with paragraph 6.5, Packaging and Marking, of ICEA S-110-717 
(incorporated by reference at Sec.  1755.901(c)).
    (2) For cables shipped on reels a circumferential thermal wrap or 
other means of protection complying with section (w)(3) of this section 
must be secured between the outer edges of the reel flange to protect 
the cable against damage during storage and shipment. This requirement 
applies to reels weighing more than 75 lbs. The thermal

[[Page 744]]

wrap is optional for reels weighing 75 lbs or less.
    (3) The thermal wrap must meet the requirements included in the 
Thermal Reel Wrap Test, described below in paragraphs (w)(3)(i) and 
(w)(3)(ii) of this section. This test procedure is for qualification of 
initial and subsequent changes in thermal reel wraps.
    (i) Sample selection. All testing must be performed on two 450 
millimeter (18 inches) lengths of cable removed sequentially from the 
same fiber jacketed cable. This cable must not have been exposed to 
temperatures in excess of 38 [deg]C (100 [deg]F) since its initial cool 
down after sheathing.
    (ii) Test procedure. (A) Place the two samples on an insulating 
material such as wood.
    (B) Tape thermocouples to the jackets of each sample to measure the 
jacket temperature.
    (C) Cover one sample with the thermal reel wrap.
    (D) Expose the samples to a radiant heat source capable of heating 
the uncovered sample to a minimum of 71 [deg]C (160 [deg]F). A GE 600 
watt photoflood lamp or an equivalent lamp having the light spectrum 
approximately that of the sun must be used.
    (E) The height of the lamp above the jacket must be 380 millimeters 
(15 inches) or an equivalent height that produces the 71 [deg]C (160 
[deg]F) jacket temperature on the unwrapped sample must be used.
    (F) After the samples have stabilized at the temperature, the jacket 
temperatures of the samples must be recorded after one hour of exposure 
to the heat source.
    (G) Compute the temperature difference between jackets.
    (H) The temperature difference between the jacket with the thermal 
reel wrap and the jacket without the reel wrap must be greater than or 
equal to 17 [deg]C (63 [deg]F).
    (4) Cable must be sealed at the ends to prevent entrance of 
moisture.
    (5) The end-of-pull (outer end) of the cable must be securely 
fastened to prevent the cable from coming loose during transit. The 
start-of-pull (inner end) of the cable must project through a slot in 
the flange of the reel, around an inner riser, or into a recess on the 
flange near the drum and fastened in such a way to prevent the cable 
from becoming loose during installation.
    (6) Spikes, staples or other fastening devices must be used in a 
manner which will not result in penetration of the cable.
    (7) The minimum size arbor hole must be 44.5 mm (1.75 inch) and must 
admit a spindle without binding.
    (8) Each reel must be plainly marked to indicate the direction in 
which it should be rolled to prevent loosening of the cable on the reel.
    (9) Each reel must be stenciled or lettered with the name of the 
manufacturer.
    (10) The following information must be either stenciled on the reel 
or on a tag firmly attached to the reel: Optical Cable, Type and Number 
of Fibers, Armored or Nonarmored, Year of Manufacture, Name of Cable 
Manufacturer, Length of Cable, Reel Number, REA 7 CFR 1755.903.
    Example: Optical Cable, G.657 class A, 4 fibers, Armored. XYZ 
Company, 1050 meters, Reel Number 3, REA 7 CFR 1755.903.
    (11) When pre-connectorized cable is shipped, the splicing modules 
must be protected to prevent damage during shipment and handling.

[74 FR 20561, May 5, 2009]



Sec.  1755.910  RUS specification for outside plant housings 
and serving area interface systems.

    (a) Scope. (1) The purpose of this specification is to inform 
manufacturers and users of outside plant housings and serving area 
interface (SAI) systems of the engineering and technical requirements 
that are considered necessary for satisfactory performance in outside 
plant environments. Included are the mechanical, electrical, and 
environmental requirements, desired design features, and test methods 
for evaluation of the product.
    (2) The housing and terminal requirements reflect the best 
engineering judgment available at the present time and may be subject to 
change due to advances in technology, economic conditions, or other 
factors.
    (3) The test procedures described in this section are required by 
RUS to demonstrate the functional reliability

[[Page 745]]

of the product. However, other standard or unique test procedures may 
serve the same function. In such cases, RUS shall evaluate the test 
procedures and results on an individual basis.
    (4) The test procedures specified herein satisfy the requirements of 
housings as well as the requirements of terminals that may be installed 
within housings. Some of the requirements are interrelated to several 
tests designed to determine the performance aspects of terminals and are 
directly affected by testing required for housings. Therefore, the 
manufacturer should carefully review all the test requirements in order 
to develop a testing schedule that is comprehensive, efficient in terms 
of the number of test specimens required and can be accomplished in an 
orderly and logical sequence.
    (5) The specified tests may require special facilities to comply 
with Federal, State, or local regulatory requirements. Some test 
procedures are potentially hazardous to personnel because of the high 
voltages and mechanical forces involved. Safety precautions are 
necessary to prevent injury.
    (6) Underwriters Laboratories, Inc. (UL) 94, Tests for Flammability 
of Plastic Materials for Parts in Devices and Appliances, fourth 
edition, dated June 18, 1991, referenced in this section is incorporated 
by reference by RUS. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. A copy of the UL standard is available for inspection 
during normal business hours at RUS, room 2845-S, U.S. Department of 
Agriculture, Washington, DC 20250-1500, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Copies are available from UL Inc., 333 Pfingsten 
Road, Northbrook, Illinois 60062-2096, telephone number (708) 272-8800.
    (7) The American Society for Testing and Materials Specifications 
(ASTM) A 109-91, Standard Specification for Steel, Strip, Carbon, Cold-
Rolled; ASTM A 153-82 (Reapproved 1987), Standard Specification for Zinc 
Coating (Hot-Dip) on Iron and Steel Hardware; ASTM A 366/A 366M-91, 
Standard Specification for Steel, Sheet, Carbon, Cold-Rolled, Commercial 
Quality; ASTM A 525-91b, Standard Specification for General Requirements 
for Steel Sheet, Zinc-Coated (Galvanized) by the Hot-Dip Process; ASTM A 
526/A 526M-90, Standard Specification for Steel Sheet, Zinc-Coated 
(Galvanized) by the Hot-Dip Process, Commercial Quality; ASTM A 569/A 
569M-91a, Standard Specification for Steel, Carbon (0.15 Maximum, 
Percent), Hot-Rolled Sheet and Strip Commercial Quality; ASTM A 621/A 
621M-92, Standard Specification for Steel, Sheet and Strip, Carbon, Hot-
Rolled, Drawing Quality; ASTM B 117-90, Standard Test Method of Salt 
Spray (Fog) Testing; ASTM B 539-90, Standard Test Methods for Measuring 
Contact Resistance of Electrical Connections (Static Contacts); ASTM B 
633-85, Standard Specification for Electrodeposited Coatings of Zinc on 
Iron and Steel; ASTM D 523-89, Standard Test Method for Specular Gloss; 
ASTM D 610-85 (Reapproved 1989), Standard Test Method for Evaluating 
Degree of Rusting on Painted Steel Surfaces; ASTM D 822-89, Standard 
Practice for Conducting Tests on Paint and Related Coatings and 
Materials using Filtered Open-Flame Carbon-Arc Light and Water Exposure 
Apparatus; ASTM D 1535-89, Standard Test Method for Specifying Color by 
the Munsell System; ASTM D 1654-92, Standard Test Method for Evaluation 
of Painted or Coated Specimens Subjected to Corrosive Environments; ASTM 
D 1693-70 (Reapproved 1988), Standard Test Method for Environmental 
Stress-Cracking of Ethylene Plastics; ASTM D 2197-86 (Reapproved 1991), 
Standard Test Method for Adhesion of Organic Coatings by Scrape 
Adhesion; ASTM D 2247-92, Standard Practice for Testing Water Resistance 
of Coatings in 100% Relative Humidity; ASTM D 2565-92, Standard Practice 
for Operating Xenon Arc-Type Light-Exposure Apparatus With and Without 
Water for Exposure of Plastics; ASTM D 2794-92, Standard Test Method for 
Resistance of Organic Coatings to the Effects of Rapid Deformation 
(Impact); ASTM D 3928-89, Standard Test Method

[[Page 746]]

for Evaluation of Gloss or Sheen Uniformity; ASTM D 4568-86, Standard 
Test Methods for Evaluating Compatibility Between Cable Filling and 
Flooding Compounds and Polyolefin Cable Materials; ASTM G 21-90, 
Standard Practice for Determining Resistance of Synthetic Polymeric 
Materials to Fungi; and ASTM G 23-90, Standard Practice for Operating 
Light-Exposure Apparatus (Carbon-Arc Type) With and Without Water for 
Exposure of Nonmetallic Materials, referenced in this section are 
incorporated by reference by RUS. These incorporations by references 
were approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 7 CFR part 51. Copies of the ASTM standards are 
available for inspection during normal business hours at RUS, room 2845-
S, U.S. Department of Agriculture, Washington, DC 20250-1500, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html. Copies are available from ASTM, 1916 Race Street, 
Philadelphia, Pennsylvania 19103-1187, telephone number (215) 299-5585.
    (b) General information. (1) Outside plant housings are fabricated 
of either metallic or nonmetallic materials in different sizes and 
configurations to suit a variety of applications. The purpose of a 
housing is to protect its contents from environmental elements, rodents, 
insects, or vandalism and unauthorized access. Housings are designed 
with internal brackets for accommodating splicing, bonding and grounding 
connections, cable terminals, cross-connect facilities, load coils, and 
optical and electronic equipment.
    (2) Pedestals are housings primarily intended to house, organize, 
and protect cable terminations incorporating terminal blocks, splice 
connectors and modules, ground lugs and load coils. Activities typically 
performed in a pedestal are cable splicing, shield bonding and 
grounding, inductive loading, and connection of subscriber drops.
    (3) Serving area interface (SAI) cabinets are housings intended to 
perform some of the same functions as pedestals but are primarily 
intended to serve as the connecting terminal between feeder cable and 
distribution cables.
    (4) Outside plant housings shall be manufactured in accordance with 
National Electrical Code (NEC) requirements, Underwriters' Laboratories 
(UL) requirements, Department of Labor, Occupational Safety and Health 
Administration Standards (OSHA), and all other applicable Federal, 
State, and local requirements including, but not limited to, statutes, 
rules, regulations, orders, or ordinances otherwise imposed by law.
    (c) General documentation requirements--(1) Installation and 
maintenance instructions. (i) Each product shall have available a set of 
instructions designed to provide sufficient information for the 
successful installation of the housing, cables, auxiliary equipment, and 
the associated splice preparation. The instructions shall be of 
sufficient size to be easily read and shall be printed using waterproof 
ink. Pedestal instruction sheets shall include a list of miscellaneous 
replacement parts that may be purchased locally. SAI systems shall be 
supplied with complete instructions for installation and use.
    (ii) When requested by RUS, or an RUS borrower, the manufacturer 
shall prepare a training package for the purpose of training technicians 
in the use and installation of the product and its auxiliary equipment.
    (iii) The manufacturer shall provide ordering information for repair 
parts. Repair parts shall be obtainable through a local distributor or 
shall be easily obtainable. Information describing equivalent parts and 
their sources should be provided for those parts that may also be 
obtained from other sources.
    (2) Quality assurance. The manufacturer shall demonstrate the 
existence of an ongoing quality assurance program that includes 
controls, procedures, and standards used for vendor certification, 
source inspection, incoming inspection, manufacture, in process testing, 
calibration and maintenance of tools and test equipment, final product 
inspection and testing, periodic qualification testing and control of 
nonconforming materials and products. The

[[Page 747]]

manufacturer shall maintain quality assurance records for five years.
    (3) RUS acceptance applications. (i) The tests described in this 
specification are required for acceptance of product designs and major 
modifications of accepted designs. All modifications shall be considered 
major unless otherwise declared by RUS. The tests are intended to show 
the inherent capability of the manufacturer to produce products which 
have an expected service life of 30 years.
    (ii) For initial acceptance the manufacturer shall:
    (A) Submit an original signature certification that the product 
complies with each section of the specification;
    (B) Provide qualification test data;
    (C) Provide OSHA Material Safety Data Sheets for the product;
    (D) Provide a detailed explanation concerning the intended use and 
capacity of the product;
    (E) Provide a complete set of instructions, recommendations for 
equipment organization and splicing;
    (F) Agree to periodic plant inspections;
    (G) Provide a certification that the product does or does not comply 
with the domestic origin manufacturing provisions of the ``Buy 
American'' requirements of the Rural Electrification Act of 1938 (52 
Stat. 818);
    (H) Provide user testimonials concerning field performance of the 
product;
    (I) Provide product samples if requested by RUS; and
    (J) Provide any other data required by the Chief, Outside Plant 
Branch (Telephone).
    (iii) Each requirement of this section must be addressed in 
submissions for acceptance. The designation N/A may be entered when the 
requirements do not apply.
    (iv) Acceptance requests should be addressed to: Chairman, Technical 
Standards, Committee ``A'' (Telephone), Telecommunications Standards 
Division, Rural Utilities Service, Washington, DC 20250-1500.
    (d) Functional design criteria for housings--(1) General 
requirements. (i) The functional requirements for housings concern 
materials, finishes, environmental factors, and design features that are 
applicable to most above ground housings used in the outside plant.
    (ii) Housings shall be of sufficient size to permit easily managed 
installation, operational, testing, and maintenance operations. The 
general shape of outside plant housings is usually comparable to that of 
a rectangular column or cylinder, with the shape of any particular 
housing being left to the manufacturer's discretion. Each design is 
subject to acceptance by RUS.
    (2) Housing types and capacities. (i) Housings used in outside plant 
are either the smaller housings generally known as pedestals or larger 
housings known as equipment or splice cabinets. Both categories may have 
designs intended for stake mounting, pole mounting, or pad mounting.
    (ii) The classifications of pedestals are the general purpose 
channel Type (H) and the dome Type (M). The Type H pedestal has either 
front only access or back and front access while the Type M pedestal has 
top only access. Pedestals are further designated as follows:

------------------------------------------------------------------------
                                                          Pole mounted
  Stake mounted           Type          Pole mounted      (extra high)
------------------------------------------------------------------------
BD3                H                  BD3A
BD4                H                  BD4A
BD5                H                  BD5A
BD7                H                  BD7A
BD14               M                  BD14A             BD14AG
BD15               M                  BD15A             BD15AG
BD16               M                  BD16A             BD16AG
------------------------------------------------------------------------

    (iii) The minimum volume associated with the pedestal designations 
shall be as shown in the following table:

------------------------------------------------------------------------
                                                      Minimum volume
                                                 -----------------------
        Pedestal \1\ housing designation             Cubic       (Cubic
                                                  centimeters   Inches)
                                                     cm \3\     (in.\3\)
------------------------------------------------------------------------
BD3, BD3A \2\...................................       9,000       (550)
BD4, BD4A \2\...................................      15,000       (900)
BD5, BD5A \2\...................................      35,000     (2,100)
BD7( \2\ )......................................      72,000     (4,400)
BD14, BD14A, BD14AG \3\.........................       9,000       (550)
BD15, BD15A, BD15AG \3\.........................      27,000     (1,600)
BD16, BD16A, BD16AG \3\.........................      38,000    (2,300)
------------------------------------------------------------------------
Note 1: Housings designed for unique purposes will be evaluated on a
  case-by-case basis.
Note 2: For Type H pedestals, the minimum volume is that space as
  measured 5 centimeters (cm) (2 inches (in.)) below the top of the
  housing to a point 40 cm (16 in.) above the bottom of the lower cover
  plate.
Note 3: The minimum volume of the Type M pedestals shall be the space
  within the dome measured from the lower edge of the dome to a point 5
  cm (2 in.) from the top.


[[Page 748]]

    (iv) Equipment cabinets intended for use as SAI housings shall be 
assigned size designations according to their maximum pair termination 
capacities. The capacity will vary depending on the type of terminating 
equipment used. SAI cabinets shall be suffix designated with an ``A'' 
for pole mounting, ``X'' for pad mounting, and ``S'' for stake mounting.
    (v) Large pair count splice cabinets are classified according to 
their splice capacity. Approximately 48 cm\3\ (3.0 in.\3\) of splice 
area per pair straight spliced shall be permitted.
    (vi) The minimum volume associated with large pair count splice 
cabinets shall be as shown in the following table:

------------------------------------------------------------------------
                                             Minimum volume      Maximum
                                        -----------------------  splice
     Splice cabinet \1\ designation                             capacity
                                          (cm.\3\)   (in.\3\)    (pairs)
------------------------------------------------------------------------
BD6000                                     295,000    (18,000)     6,000
BD8000                                     393,000    (24,000)     8,000
BD10000                                    491,000    (30,000)    10,000
------------------------------------------------------------------------
Note 1: Additional sizes of splice cabinets shall be considered by RUS
  on a case-by-case basis.

    (3) Design and fabrication requirements for housings. (i) Type H 
pedestal housings may consist of an enclosed channel incorporating an 
integrally mounted stake that serves as a backplate, or they may be 
designed for universal mounting on stakes or poles. The body of the 
housing shall have two major components; an upper cover and a base 
cover. The upper cover shall have a top, front and back plate with the 
front cover removable to permit entry and provide increased work space. 
The base cover shall consist of a front plate and back plate. The base 
cover back plate may be an extension of the upper back plate cover.
    (ii) Type M pedestal housings shall consist of a one piece upper 
sleeve designed to fit over the base cover trapping air to prohibit 
water from entering the splice area when installed in locations prone to 
temporary flooding. Pedestals designed to be mounted extra high on poles 
for locations susceptible to deep snow shall have a bottom close-off 
option available to prohibit the ingress of birds, rodents and insects.
    (iii) The external housing components on all outside plant housings 
shall provide reasonable protection against accidental removal or 
vandalism. Housings shall be equipped with a cover plate retaining bolt 
and cup washer that may be opened only with an industry accepted socket 
type can wrench. Housings may be equipped with provisions to allow the 
purchaser to install a padlock.
    (iv) Installed housings shall resist the disassembling force of 
frost heaving applied to the bottom of ground line cover plates. The 
base cover must remain stationary to stabilize the contents of the 
housing cavity.
    (v) In an effort to provide protection against dust penetration, 
blowing snow, rain, and ultraviolet light degradation of internal 
components, all mechanical gaps shall be restricted. The use of seals, 
overlaps, gaskets, and/or dovetailing is required to assure satisfactory 
protection of housed equipment.
    (vi) Knockouts, cutouts, or notches designed to accommodate aerial 
service drops shall not be permitted. A design option for housings 
intended to accommodate service drops shall include a separate channel 
or equivalent in the base cover to allow future additions of service 
drops without the removal of gravel or the moisture barrier in the base 
of the housing. Service wire channels must be designed to prevent the 
entry of birds, reptiles, rodents and insects.
    (vii) Minimal venting of SAI housings may be necessary to relieve 
internal pressure and condensation.
    (viii) There shall be no aluminum housing components that will 
become buried in the soil when the housing is properly installed.
    (ix) Housing components may be assembled using rivets, welds, glue, 
bolts and nuts, or other techniques suitable for the materials involved.
    (x) Housings and their components that require field assembly must 
be capable of being assembled with tools normally available to outside 
plant technicians.
    (xi) Hinged doors on SAI housings and large pair count splice 
housings shall be equipped with a device that restrains the doors in the 
open position.
    (xii) Outside plant housings shall be free of sharp edges, burrs, 
etc., that

[[Page 749]]

could present a safety hazard to personnel involved in installation and 
use of the product or to the general public. Surfaces inside housings 
must not allow pinching of conductors during installation of cover 
plates or the opening and closing of doors.
    (xiii) A ground line mark shall be provided, approximately 15 cm (6 
in.) below the top edge of the housing base cover plate on housings 
intended for ground level mounting. Base cover plates shall have a 
minimum height of 31 cm (12 in.).
    (xiv) Any housing, which weighs in excess of 91 kilograms (kg) (200 
pounds (lb)), including its contents, shall be equipped with lifting 
brackets for attaching hoisting cables or chains.
    (xv) Housing stakes shall be a minimum of 107 cm (42 in.) in length. 
If fabricated from steel, they shall have a minimum thickness of No. 13 
gauge as measured according to American Society for Testing and 
Materials (ASTM) A 525-91b. Stakes shall be formed into a ``U'' channel 
with a minimum depth of 2 cm (0.75 in.). The stake shall be a single 
part of suitable design strength for driving 91 cm (36 in.) into the 
soil with hand tools without damage such as bending or warping. The 
stake shall have adequate mounting holes having a minimum separation of 
15 cm (6 in.) for mounting the housing baseplate. The stake material 
must resist corrosion and deterioration when exposed to soil and 
atmospheric conditions.
    (xvi) The housing design must permit a logical progression of 
installation steps that would normally be encountered in typical field 
installations.
    (xvii) Provisions for attaching housings to stakes, poles, walls, 
other housings, or pads shall be provided for each design intended for 
those purposes. Locations of holes for mounting attachments may be 
provided by knockouts on above ground components. Mounting hole 
locations for below ground components may be predrilled.
    (xviii) Pole mounting hardware shall provide at least 1.3 cm (0.5 
in.) clearance from the pole to the housing. Pole mounting brackets 
shall accommodate the wide range of pole sizes used in the telephone 
industry.
    (xix) Pad-mounted housings shall have hardware available for 
anchoring the housing base to the pad. A template may be provided to 
assist in the location of mounting attachment details for pad 
preparation.
    (xx) Housings equipped with stub cables shall have strain relief 
devices to permit shipping and handling of the housing without damage to 
the housing or stub cables. Only RUS accepted cable shall be used for 
stub cables. The cable manufacturer's recommendations concerning minimum 
bend radius shall be observed. The minimum bend radius for most copper 
cables is 10 times the cable diameter.
    (xxi) Cable supports shall be provided near the top of the ground 
line cover and other appropriate locations within the housing to provide 
cable stability consistent with the intended use and capacity of the 
housing. Cable supports shall be capable of holding a minimum load of 23 
kg (50 lb).
    (xxii) An adequate supply of nonmetallic retainer clips or tie wraps 
capable of supporting a minimum load of 23 kg (50 lb) shall be provided 
with the housing. Adequate spaces for installation of the clips or tie 
wraps must be provided on the housing backplate and cable supports.
    (xxiii) Housing chambers designed for splicing operations shall be 
equipped with insulated supporting straps or rods suitable for 
supporting splice bundles. The insulation on the straps or rods shall 
extend for the entire length of the device and shall have a dielectric 
strength of 15 kilovolts (kv) direct current (dc) minimum. Housings 
having an ``H'' frame design where both front and rear covers may be 
removed may incorporate insulated tie bars to be used as cable supports.
    (xxiv) Housings designed to contain equipment in addition to splices 
shall be equipped with a device for physically separating the splice 
area from the service area of the housing.
    (xxv) A dielectric shield rated at 15 kv dc shall be provided to 
enclose the cable splice area. The shield shall extend from the lower 
cable supports to within 2.5 cm (1 in.) of the top of the housing. The 
shield shall be equipped with Velcro or equivalent fastening devices 
designed to hold the shield in

[[Page 750]]

both the open or closed positions. The fastening devices shall extend 
along the entire vertical edge of the dielectric shield.
    (xxvi) Mounting arrangements for a variety of terminal blocks and 
other equipment shall be provided by means of good housekeeping panels 
or other devices that may enhance the service aspect of the housing.
    (xxvii) Housings designed for SAI cabinets may be shipped with 
terminal blocks installed and stub cables attached. If this option is 
exercised, the stub cables and terminal blocks must be RUS accepted. In 
all cases, SAI cabinets must be equipped with appropriate mounting 
devices for installing the peripheral equipment required for a serving 
area interface.
    (xxviii) SAI cabinets shall be designed to provide physical 
separation between the splicing area and the area provided for running 
cross-connect jumpers.
    (xxix) SAI cabinets and large splice housings must have an external 
feature for attaching a padlock to prevent unauthorized entry.
    (xxx) Each housing shall have a tinned or zinc electroplated copper 
alloy or equivalent connector plate or bar to be used for terminating 
ground and cable shield bond connections. The device shall be equipped 
with captive studs and nuts with captive lock washers designed for 
attaching 6 American Wire Gauge (AWG) copper bonding harness wire or 
braid and a 6 AWG copper ground wire. Connector plates shall be equipped 
with enough studs and nuts to provide individual connections equivalent 
to the maximum number of cable sheaths recommended for the housing. 
Housings shall incorporate design features that enable the field 
installation of at least one additional connector plate for service 
conditions that require numerous connections. A bonding and grounding 
system capable of providing support and strain relief for service wires 
shall be provided for housings intended for use as distribution points. 
The bonding system shall be designed to provide sheath continuity as 
cable and service wires are installed, and prior to any other operation 
being performed. The bonding arrangement shall provide electrical 
continuity between all bonds and the ground connector plate. The bonding 
and grounding arrangement shall permit the lifting of individual cable 
ground connections for testing and cable locating activities without 
jeopardizing the grounding potential of other cables that may enter the 
housing. The bonding and grounding system shall be capable of conducting 
a current of 1000 amperes for at least 20 seconds.
    (4) Warning sign. (i) A buried cable warning sign shall be securely 
attached to the outside of each housing. The lettering information on 
the sign shall be permanent.
    (ii) For pedestals, the sign shall be centered horizontally on the 
front cover and the top of the sign shall be not more than 10 cm (4 in.) 
from the top of the housing.
    (iii) For SAI cabinets, the sign shall be centered horizontally and 
vertically on the door. If there are two doors, the sign shall be 
mounted on the left door.
    (iv) Deviations from warning sign location requirements are 
permitted only for housing design constraints. Alternate sign locations 
will be considered by RUS.
    (v) The RUS standard sign design is shown in Figure 1.
    (5) Housing materials. (i) Materials used in housings shall present 
no environmental or safety hazard as defined by industry standards or 
Federal, State, or local laws and regulations. Figure 1 is as follows:

[[Page 751]]

[GRAPHIC] [TIFF OMITTED] TR21OC94.000

    (ii) All materials are required to have fire resistance ratings 
consistent with recognized industry standards. External materials must 
be flame resistant.
    (iii) All materials used in the manufacture of housings or component 
parts must achieve the required strength properties, resist 
deterioration when exposed to outdoor conditions, and be

[[Page 752]]

acceptable to RUS for the specific application. New materials or 
materials not familiar to the RUS staff shall be supported by test and 
performance data which demonstrates their suitability for the intended 
use.
    (iv) Nonmetallic housing materials shall have a fungus growth rating 
no greater than one according to ASTM G 21-90.
    (v) Metallic components shall be either corrosion resistant or 
protected against corrosion and must not produce galvanic corrosion in 
wet or humid conditions on other metals that may be present in the 
housing environment.
    (vi) Mill galvanized steel used in the manufacture of housings shall 
comply with the appropriate requirements of one of the following 
standards:
    (A) ASTM A 109-91;
    (B) ASTM A 366/A 366M-91;
    (C) ASTM A 525-91b; or
    (D) ASTM A 526/A 526M-90.
    (vii) Hot rolled steel shall comply with the appropriate 
requirements of one of the following standards:
    (A) ASTM A 569/A 569M-91a; or
    (B) ASTM A 621/A 621M-92.
    (viii) Cold rolled steel shall comply with the appropriate 
requirements of one of the following standards:
    (A) ASTM A l09-91; or
    (B) ASTM A 366/A 366M-91.
    (ix) Steel parts used for internal housing brackets shall be 
hexavalent chromate coated or zinc plated in accordance with ASTM B 633-
85.
    (x) Hardware items used for assembling or fastening housing 
components shall be 300 series or passivated 400 series stainless steel 
or hot dip galvanized in accordance with ASTM A l53-82 (1987). Other 
materials will be considered by RUS on an individual basis.
    (xi) Aluminum components shall be fabricated from alloy types 5052 
or 6061 or other types that have been recognized as having acceptable 
corrosion resistance and formability and weldability features.
    (xii) Nonmetallic parts must be resistant to solvents and stress 
cracking and shall be compatible with metals and other materials such as 
conductor insulations and filling compounds used in the manufacture of 
cable. Plastic materials must be noncorrosive to metals and resist 
deterioration when exposed to industrial chemical pollutants, ultra-
violet rays, road salts, cleaning agents, insecticides, fertilizers, or 
other detrimental elements normally encountered in the outdoor 
environment.
    (xiii) Housing door seals and gaskets may be manufactured from 
rubber or synthetic rubber-like elastomer materials. Seals and gaskets 
shall exhibit a high degree of weatherability with an effective life of 
at least 30 years in the outdoor environment. The material shall be tear 
resistant and have a low compression set.
    (6) Housing finish requirements. (i) All interior and exterior 
surfaces of housings shall be free from blisters, wrinkles, cracks, 
scratches, dents, heat marks, and other defects.
    (ii) There shall be inherent design provisions to prevent 
objectionable deterioration of the housing such as rusting, exposure of 
fiber or delamination. Secondary protection, such as galvanizing over 
steel per ASTM A 526/A 526M-90 or anodizing over aluminum, shall be 
provided to ensure reliability over the projected 30 year design life of 
the housing.
    (iii) Painted metal housings shall have a minimum gloss of 60 (60 
[deg]specular) in accordance with ASTM D 523-89.
    (iv) All painted surfaces shall have a uniform color and texture in 
accordance with ASTM D 3928-89. Nonmetallic housings shall meet 
recognized industry standards concerning optical appearance for gloss 
and haze as applicable for the material.
    (v) The colors of housings that RUS will consider for acceptance 
shall be as follows:

------------------------------------------------------------------------
                Color                              Standard
------------------------------------------------------------------------
Gray-Green..........................  Munsell 6.5 GY 6.03/1.6
                                      Munsell 4.4 GY 6.74/1.5
Green...............................  Munsell 8.8 G 2.65/5.3
Orange..............................  Federal Standard 595A
                                      Color Number l2246
                                      Munsell 0.15YR 5.26/13.15
Chocolate...........................  Munsell 5.27YR 2.40/2.60
                                      Color Number 835
------------------------------------------------------------------------

    (7) Installation requirements. (i) The design of the housing must 
provide for a logical and normal installation sequence, i.e., 
excavation, installation of

[[Page 753]]

a foundation or base and anchoring devices, addition of hardware, 
installation and bonding of cables, splicing, addition of service, and 
final closing.
    (ii) No special tools or equipment other than that usually carried 
by outside plant technicians and construction crews must be required for 
installation of the housing. Security devices are the exception to this 
requirement.
    (iii) Installation hardware shall maintain housings in an erect and 
stable position when subjected to normal storm loads. Pad-mounted 
designs must accommodate precast or cast-in-place reinforced concrete or 
other suitable prefabricated material. Brackets, inserts for fastening, 
conduit openings, or other items necessary for a pad-mounted 
installation must be provided. The manufacturer shall provide detailed 
drawings or a template for locating inserts, conduit openings, or slots 
for cast-in-place pad construction.
    (e) Performance criteria and test procedures for housings--(1) 
General information. (i) The housing manufacturer shall perform adequate 
inspections and tests to demonstrate that housings and housing 
components comply with RUS requirements.
    (ii) Testing shall be performed at a room temperature of 243 [deg]C (755 [deg]C). 
Temperatures for testing performed at other than room temperature shall 
be determined as near the center of the product under test as practical.
    (2) Description of test housing. (i) Each distinctly designed and 
configured family of housings intended to perform a particular function 
shall be tested.
    (ii) The typical test sample shall consist of the exterior housing 
components such as covers, backplates, good housekeeping panels, cap 
assembly, anchor posts, decals, etc. Interior components must include 
the bonding and grounding hardware for cables and service wires and the 
dielectric shield. The housing may include terminal blocks or cross-
connect modules, cable splices, or the typical outside plant equipment 
the housing is designed to contain and protect.
    (3) Environmental requirement for housings--(i) Thermal shock. The 
test housing shall be placed in a test chamber and exposed to the 
temperature cycle of Figure 2 for five complete cycles. The step 
function nature of the temperature changes may be achieved by insertion 
and removal of the test housing from the chamber. The soak time at each 
temperature shall be four hours. The housing shall be removed from the 
test chamber at the conclusion of the five-cycle period. After the test 
housing temperature has stabilized to room temperature, the housing must 
be inspected for deterioration of materials and satisfactory operation 
of mechanical functions. Figure 2 is as follows:

[[Page 754]]

[GRAPHIC] [TIFF OMITTED] TR21OC94.001

    (ii) Thermal shock and humidity. The test housing shall be placed in 
an environmental test chamber at 95 3 percent (%) 
relative humidity (RH) and temperature cycled per Figure 3 for a period 
of 30 days. At the end of the test there shall be no rust or corrosion 
of any closure components. Minor corrosion due to surface scratches, 
nicks, etc. is permitted. If the closure is made of a nonmetallic 
material, there shall be no signs of degradation. Figure 3 is as 
follows:

[[Page 755]]

[GRAPHIC] [TIFF OMITTED] TR21OC94.002

    (iii) Humidity and condensation. Test panels shall be placed in an 
environmental chamber and subjected to 1,008 hours (42 cycles) of 
exposure per ASTM D 2247-92. One cycle consists of 24 hours of 100% 
humidity (with condensation on the panels) at a cabinet temperature of 
381 [deg]C (1002 [deg]F) and 
an ambient temperature of 251 [deg]C (772 [deg]F) without heat input. Upon completion of 
cycling, the test panels shall be subjected to an 11 newton-meter (N-m) 
(100 pound-inches (lb-in.)) impact test using the Gardner-Impact Tester 
or equivalent. Test panels shall show no substrate or coating cracking 
or loss of coating adhesion on either side.
    (iv) Weatherability. Three test panels shall be tested for 
weatherability in accordance with the appropriate procedures of either 
ASTM D 822-89 or ASTM G 23-90. Total exposure time shall be a minimum of 
800 hours. Failure is defined as fading, cracking, blistering, or 
delamination on any of the three test panels.
    (v) Low temperature durability. Low temperature durability shall be 
proven by exposing the three test panels from (e)(3)(iv) of this section 
to at least 25 continuous cycles of the following test sequence:
    (A) To insure complete saturation of the three test panels, soak 
them for 96 hours in a container of distilled water 222 [deg]C (71.64 [deg]F);
    (B) Lower the temperature of the water and the immersed test panels 
to -282 [deg]C (-18.44 
[deg]F) and stabilize for 24 hours;
    (C) Thaw the water with the samples to 222 
[deg]C (71.64 [deg]F) and stabilize for 24 hours;

[[Page 756]]

    (D) Repeat the procedure 24 times. Any cracking, crazing, deforming, 
or delaminating on any of the three test panels shall be considered a 
failure; and
    (E) Remove the samples from the water and impact test the three 
panels by delivering a force of 11.3 N-m (100 lb-in.) using a Gardner-
Impact Tester to each specimen at 71, 22, and -282 
[deg]C (159.8, 71.6, and -18.44 [deg]F), after 
stabilizing them at those temperatures for at least two hours. Visual 
inspection shall reveal no deformation or perforations on any of the 
test panels.
    (vi) Corrosion resistance. Corrosivity shall be tested in accordance 
with the requirements of ASTM B 117-90. Both scribed and unscribed 
panels shall be evaluated following the procedures of ASTM D 1654-92. 
Scribed panels shall have a rating of at least six, following 500 hours 
of exposure to salt fog, and the unscribed panels shall have a rating no 
lower than 10, after 1,000 hours exposure. Visual rust inspection shall 
confirm no more than 0.03% rusting (rust grade 9) of the surface area of 
the test sample when evaluated in accordance with ASTM D 610-85(1989). 
The unscribed samples shall be impacted with an 11.3 N-m (100 lb-in.) 
force, using a Gardner-Impact Tester or equivalent. Visual inspection of 
the impacted samples shall reveal no loss of adhesion between the base 
material and the coating or cracking at the finish on the test panels.
    (vii) Fungi resistance. Fungi resistance of nonmetallic housing 
materials shall be tested according to the procedures of ASTM G 21-90. 
Any rating greater than one shall be considered a failure.
    (viii) Stress crack resistance. The stress cracking characteristics 
of nonmetallic housing components shall be tested in accordance with 
ASTM D 1693-70 (Reapproved 1988). The tests shall be performed at 
492\1/2\ C (1204\1/2\ F) for 
14 days and exposed to the following materials:
    (A) Industry recognized filling compounds;
    (B) Isopar M;
    (C) Industry recognized solvents;
    (D) Industry recognized encapsulants; and
    (E) Commonly used insect, pest, and weed control products and 
agricultural fertilizers.
    (ix) Chemical resistance. (A) Chemical resistance shall be 
determined by immersing representative nonmetallic material samples in 
each of the following solutions for 72 hours at 222 [deg]C (71.64 [deg]F):
    (1) 3% sulfuric acid;
    (2) 100 parts per million (ppm) trichloroethane in water;
    (3) 0.2 N sodium hydroxide; and
    (4) Unleaded high octane gasoline.
    (B) There shall be no swelling, deformation, or softening of the 
material samples or any discoloration of the solution.
    (x) Ultraviolet resistance. Test panels of metallic and nonmetallic 
outer housing materials shall be subjected to 700 hours exposure per 
ASTM D 2565-92 using the type BH apparatus. The panels shall not exhibit 
fading, blistering, checking, or delamination.
    (xi) Weathertightness. The housing shall be mounted in its typical 
field installation position and sprayed with water. The temperature of 
the water shall be adjusted to be equal to or warmer than the 
temperature of the cabinet interior to avoid the possibility of 
condensation. A water spray head shall be used to direct water at the 
housing so that the water stream will strike the assembly at a downward 
angle of 45 degrees. The flow of the water shall be 3.8 liters per 
minute (one gallon per minute), with 276 kilopascals (40 pounds per 
square inch) head of pressure. The spray head shall be held 1.8 meters 
(m) (6 feet (ft)) from the test cabinet. The spray head shall be 
adjusted so that water impinges uniformly over the housing surface. The 
duration of the test shall be five minutes. All vertical cabinet 
surfaces shall be tested by this procedure. The exterior of the cabinet 
shall be thoroughly dried with towels (no heat drying) prior to 
examination of the housing interior. The interior of the housing shall 
be checked for presence of water. Wetting of over-lapping surfaces is 
permitted. There shall be no presence of water inside the housing.
    (xii) Wind Resistance. (A)(1) Stub pole or wall mounted SAI and 
large pair

[[Page 757]]

count splice housings shall be subjected to a load (F) as shown in 
Figure 4 and the following table to simulate the turning moment 
equivalent to a uniform wind load of 161 kilometers per hour (km/h) (100 
miles per hour (mi/h)) perpendicular to the largest surface area.

------------------------------------------------------------------------
                                                             Load
 Maximum area of largest surface square centimeters  -------------------
           cm\2\ (Square inches) (in.\2\)                kg       (lb)
------------------------------------------------------------------------
5,200 (800) or less.................................        18      (40)
5,201 to 9,100 (801 to 1,400).......................        32      (70)
9,101 to 13,000 (1,401 to 2,000)....................        45     (100)
13,001 to 16,200 (2,001 to 2,500)...................        57    (125)
------------------------------------------------------------------------
Note: The procedures for housings with larger surface area will be
  evaluated by RUS on a case-by-case basis.

    (2) The housing shall remain in its original mounting position 
throughout the test and exhibit no mechanical deformation.
    (3) Figure 4 is as follows:

[[Page 758]]

[GRAPHIC] [TIFF OMITTED] TR21OC94.003

    (B)(1) Pad or ground mounted SAI or splice housings shall be 
subjected to a load (F) as shown in Figure 5 and the following table to 
simulate the overturning moment equivalent to a uniform wind load of 161 
km/h (100 mi/h) perpendicular to the largest surface area.

[[Page 759]]



------------------------------------------------------------------------
                                 Maximum area of            Load
       Height cm (in.)           largest surface   ---------------------
                                 cm\2\ (in.\2\)         kg        (lb)
------------------------------------------------------------------------
122 (48) or less............  11,000 (1,700) or            91      (200)
                               less.
                              11,001-13,000 (1,701-       104      (230)
                               2,000).
                              13,001-14,900 (2,001-       118      (260)
                               2,300).
123-152 (49-60).............  11,700 (1,800) or            91      (200)
                               less.
                              11,701-14,300 (1,801-       109      (240)
                               2,200).
                              14,301-16,200 (2,201-       127      (280)
                               2,500).
                              16,201-18,800 (2,501-       145      (320)
                               2,900).
                              18,801-20,800 (2,901-       163      (360)
                               3,200).
                              20,801-23,400 (3,201-       181      (400)
                               3,600).
153-183 (61-72).............  14,300 (2,200) or           109      (240)
                               less.
                              14,301-16,900 (2,201-       127      (280)
                               2,600).
                              16,901-19,500 (2,601-       150      (330)
                               3,000).
                              19,501-22,700 (3,001-       172      (380)
                               3,500).
                              22,701-25,300 (3,501-       190      (420)
                               3,900).
                              25,301-27,900 (3,901-       213     (470)
                               4,300).
------------------------------------------------------------------------
Note: The procedures for housings with larger surface areas will be
  evaluated by RUS on a case-by-case basis

    (2) The housing shall remain in its original mounting position 
throughout the test and exhibit no mechanical deformation.
    (3) Figure 5 is as follows:

[[Page 760]]

[GRAPHIC] [TIFF OMITTED] TR21OC94.004

    (xiii) Fire resistance. (A) The test housing shall be installed in a 
manner typical of field installation. U.S. No. 1 wheat straw shall be 
placed on the ground around the housing base in an one meter (3 ft) 
radius at an approximate depth of 10 cm (4 in.). The straw shall be 
ignited and permitted to burn fully. After the housing has cooled, its 
contents shall be inspected for evidence of ignition, melting, burning, 
or structural damage. Damage sufficient to impair service constitutes 
failure.

[[Page 761]]

    (B) Polymeric materials shall be tested in accordance with the 
Underwriters Laboratories Publication (UL) 94, dated June 18, 1991. 
Materials used in housing components shall have a rating of 94V-0 or 
94V-1 and shall not sustain combustion when an open flame source is 
removed.
    (4) Mechanical requirements for housings--(i) Impact resistance. The 
test housing shall be subjected to the following impacts according to 
its minimum volume or minimum width and depth as shown in the following 
table:

------------------------------------------------------------------------
                                                           Impact force
  Minimum volume cm\3\ (in.\3\)      Minimum width or   ----------------
                                      depth cm (in.)       N-m   (lb-ft)
------------------------------------------------------------------------
Less than 35,000 (2,100).........  Less than 13 (5)....      68     (50)
35,000 (2,100) or greater........  13 (5) or greater...     136    (100)
------------------------------------------------------------------------

    (A) The impact force shall be delivered to the front, back, and top 
surfaces. Circular housings shall be impacted on side surfaces 180 
[deg]apart and on the top. The device used to deliver the force shall be 
spherical and approximately 25 to 31 cm (10 to 12 in.) in diameter. A 
typical test procedure may include the use of a hard rubber bowling 
ball, weighing 6 to 7 kg (13 to 16 lb), enclosed in a mesh bag, attached 
to a rope with a metal ring. The load shall be dropped vertically on the 
top surface and applied to the sides with a pendulum motion using the 
appropriate height and extension arm to achieve the required impact 
force. The housing must be impacted at the approximate mid-point of the 
surface area.
    (B) Housings shall be conditioned for a minimum of eight hours at -
40 [deg]C (-40 [deg]F) in an environmental chamber prior to testing. If 
the chamber is insufficient in size to conduct tests within the chamber, 
the housing may be removed and shall be tested within 10 minutes after 
removal.
    (C) After impact testing, the housing shall not exhibit fractured or 
ruptured surfaces sufficient to allow the ingress of moisture or dust. 
The housing shall not exhibit mechanical damage that would impair the 
functioning of hinges, latches, locks, etc.
    (ii) Load deflection. Free standing buried plant housings shall be 
tested for load deflection in accordance with Figure 6. The assembled 
housing shall be rigidly held in place by a mechanical means to simulate 
a normal field installation. A length of wire or cable, or other 
suitable material, shall be placed around the top section of the housing 
and deadended. The wire or cable shall be initially tensioned to 23 kg 
(50 lb). A measurement shall then be taken of the deflection of the 
housing at the top as shown in Figure 6. The deflection shall be 
recorded at incremental loads of 23 kg (50 lb) until destruction of the 
housing occurs. The average load for the three directions shall not be 
less than 136 kg (300 lb) and the minimum load in any direction shall be 
113 kg (250 lb). Failure is defined as housing component fracture or 
crazing of the housing's surface finish. Figure 6 is as follows:

[[Page 762]]

[GRAPHIC] [TIFF OMITTED] TR21OC94.005

    (iii) Vibration requirements. The test housing and its contents 
shall be subjected to acceleration at a sine wave frequency sweep rate 
as shown in Figure 7 for a housing packaged for shipment and Figure 8 
for an unpackaged housing. The frequency sweep may be performed 
continually or sequentially. The test shall be conducted once along each 
of three mutually perpendicular axes of the housing. There shall be no 
mechanical or electrical degradation of the housing or its contents. 
Noticeable damage to the housing constitutes failure. Figure 7 and 
Figure 8 are as follows:

[[Page 763]]

[GRAPHIC] [TIFF OMITTED] TR21OC94.006


[[Page 764]]


[GRAPHIC] [TIFF OMITTED] TR21OC94.007

    (iv) Drop test requirements. Housings shall be subjected to 
appropriate drop tests according to their weight. The drop tests shall 
be performed on housings and their contents as normally packaged as well 
as on unpackaged housings. The tests shall be conducted on a smooth 
level concrete floor or similar unyielding surface. For corner drops, 
the packaged housing and its contents shall be oriented at impact such 
that a straight line drawn through the struck corner and package 
geometric center is approximately perpendicular to the impact surface.
    (A) Packaged housings and their contents weighing 91 kg (200 lb) or 
less

[[Page 765]]

shall be capable of enduring a single drop on each face or corner 
without damage from a height specified as follows:

------------------------------------------------------------------------
                                                                  Drop
      Packaged housing including contents weight kg (lb)       height cm
                                                                 (in.)
------------------------------------------------------------------------
0 to 9 (0 to 20).............................................    76 (30)
10 to 23 (21 to 50)..........................................    61 (24)
24 to 45 (51 to 100).........................................    53 (21)
46 to 91 (101 to 200)........................................    46 (18)
------------------------------------------------------------------------

    (B) Packaged housings and their contents weighing more than 91 kg 
(200 lb) shall be capable of enduring a single drop on each of two 
diagonally opposite corners of the package without significant damage 
from a height specified as follows:

------------------------------------------------------------------------
                                                                  Drop
      Packaged housing including contents weight kg (lb)       height cm
                                                                 (in.)
------------------------------------------------------------------------
92 to 453 (201 to 1000)......................................    30 (12)
Over to 453 (1000)...........................................     15 (6)
------------------------------------------------------------------------

    (1) The packaged housing and contents shall be placed on its normal 
shipping base with one corner supported 15 cm (6 in.) above the floor 
and the other corner of the same end supported 30 cm (12 in.) above the 
floor as shown in Figure 9. The unsupported end of the package shall be 
raised so that the lowest corner reaches the height listed above and 
then allowed to fall freely. Figure 9 is as follows:
[GRAPHIC] [TIFF OMITTED] TR21OC94.008


[[Page 766]]


    (2) The procedure of paragraph (e)(4)(iv)(B)(1) of this section 
shall be repeated for the diagonally opposite corner.
    (3) The packaged housing and contents shall be capable of enduring a 
single drop on each edge of the base of its normal shipping position 
from the required height without damage and shall remain operational 
without function impairment. The packaged housing and contents shall be 
placed on its base with one edge supported on a sill 15 cm (6 in.) high 
and the unsupported edge raised to the required height as shown in 
Figure 10 and allowed to fall freely. Figure 10 is as follows:
[GRAPHIC] [TIFF OMITTED] TR21OC94.009

    (4) The procedure of (e)(4)(iv)(B)(3) of this section shall be 
repeated for all edges of the base.
    (C) Unpackaged housings and their contents weighing 23 kg (50 lb) or 
less shall be capable of enduring a single drop on each face and 
adjacent corners without significant damage from a height specified as 
follows:

------------------------------------------------------------------------
                                                                  Drop
      Packaged housing including contents weight kg (lb)       height cm
                                                                 (in.)
------------------------------------------------------------------------
0 to 9 (0 to 20).............................................     10 (4)
10 to 23 (21 to 50)..........................................      8 (3)
------------------------------------------------------------------------

    (D)(1) Unpackaged housings and their contents weighing more than 23 
kg (50 lb) shall be capable of enduring a single drop without 
significant damage when lifted by its normal hoisting supports as shown 
in Figure 11 and with its lowest point at a height specified as follows:

------------------------------------------------------------------------
                                                                  Drop
      Packaged housing including contents weight kg (lb)       height cm
                                                                 (in.)
------------------------------------------------------------------------
23 to 45 (51 to 100).........................................      5 (2)
------------------------------------------------------------------------

    (2) Figure 11 is as follows:

[[Page 767]]

[GRAPHIC] [TIFF OMITTED] TR21OC94.010

    (v) Firearms resistance. All housings shall be tested for resistance 
to penetration by direct impact from a 12 gauge shotgun equipped with a 
modified choke and the use of a 3\3/4\ dram equivalent powder charge and 
35 grams 6 lead shot fired from a distance of 15 m (50 ft). The 12 
gauge shotgun shall be fired from a normal standing position at the 
front side of the housing. Penetration through the housing wall by the 
lead shot shall constitute failure.
    (vi) Lifting hardware requirements. The lifting hardware on housings 
and their contents that weigh more than 91 kg (200 lb) shall be tested. 
The housing shall be fastened to a restraining device such as a concrete 
slab and subjected to loading through the lifting attachments to 
simulate the lifting

[[Page 768]]

load. For the first test a lifting line equipped with a dynamometer 
shall be attached to the housing lifting hardware and a load applied 
equal to three times the weight of a fully equipped housing. Deformation 
or damage to the housing or lifting hardware constitutes failure. A 
second test shall be conducted with the same arrangements as for the 
first except that a load shall be applied equal to six times the weight 
of a fully equipped housing. There shall be no catastrophic failure of 
the lifting hardware or housing.
    (vii) Stub cable strain relief tests. Housings equipped with cable 
stubs and cable shipping retainer shall be tested by lifting a test 
housing, with the maximum length and weight of cable orderable, in a 
manner causing the full weight of the cable to be supported by the 
cabinet. Examination of the cable sheath after lifting shall reveal no 
tearing, rupturing, or other damage. The cable conductors and shield 
shall be tested for shorts and opens. Electrical defects to the stub 
cable or damage to the housing constitutes failure.
    (viii) Door restrainer evaluation. (A) The housing shall be 
positioned with the door held in the open position by the door 
restraining device. A load, determined in accordance with the following 
table, shall be applied to the center of the door, perpendicular to the 
door and in each of the opening and closing directions.

------------------------------------------------------------------------
                                                               Load kg
        Maximum area of door surface cm\2\ (in\2\.)              (lb)
------------------------------------------------------------------------
5,200 (800) or less........................................     72 (160)
5,201 to 9,100 (801 to 1,400)..............................    127 (280)
9,101 to 13,000 (1,401 to 2,000)...........................   181 (400)
------------------------------------------------------------------------
Note: Test procedures for housings with larger doors will be evaluated
  by RUS on a case-by-case basis.

    (B) There shall be no functional failure of the restraining device 
nor mechanical damage to the housing.
    (ix) Security evaluation. The security locking device shall be 
capable of withstanding a maximum torque of 2.8 N-m (25 lb-in.) without 
incurring physical damage to the closure, thereby resulting in a 
condition where the closure cannot be either accessed or locked.
    (5) Electrical requirements for housings. Each bonding stud and nut 
location shall be evaluated by attaching one lead from a dc or 
alternating current (ac) power source to a bonding stud with the nut 
torqued as specified by its manufacturer and the other power source lead 
connected to the closure grounding conductor connector. The current path 
thus established must be capable of sustaining a current of 1,000 
amperes root-mean-square for at least 20 seconds without fusing or 
causing any damage to the closure or its contents.
    (6) Finish requirements--(i) Impact resistance. The finish on 
painted metal surfaces shall not exhibit radial cracking on the impact 
surface (intrusion) when indented at 18 N-m (160 lb-in.) with a 1.6 cm 
(0.6 in.) diameter spherical indentor. This test shall be performed in 
accordance with ASTM D 2794-92 with the exception that the test panel 
shall be of the same material, thickness, and finish as the pedestal 
housing being evaluated.
    (ii) Finish adhesion. Painted finishes shall be tested for adhesion 
of finish in accordance with ASTM D 2197-86 (Reapproved 1991), Method A. 
There shall be no gouging in the top coat when tested with an 8 kg (17.7 
lb) load. Gouging is defined as removal or separation of paint particles 
or breaking of the finish by the scraping loop to the extent of exposing 
base metal.
    (iii) Color evaluation. The color of the housing finish should be 
compared against the Munsell system of color notation, as described in 
ASTM D 1535-89 to determine color consistency with that desired.
    (iv) Gloss evaluation. The finish on painted housings shall be 
tested on two approximately 20 cm x 20 cm (8 in. x 8 in.) samples for 
each color used in accordance with the procedures of ASTM D 523-89. The 
finish shall have a minimum gloss of 60 (60 [deg]Specular).
    (v) Secondary finish evaluation. Evidence of secondary protection 
shall be required for RUS acceptance. Typical secondary protection is 
galvanizing per ASTM A 526/A 526M-90 for steel surfaces.
    (f) Functional design criteria for binding post terminal blocks used 
in SAI cabinets--(1) General description. A conventional binding post 
terminal consists of a metallic element or post, one end of which is 
configured for the permanent connection of 22, 24, or 26 AWG solid 
copper conductors and the opposite end

[[Page 769]]

is configured for recurring connections and disconnections of solid 
copper cross-connect wire using a threaded screw or stud and nut 
combination for gripping the wire. The terminal is usually housed in a 
SAI cabinet. However, the terminal may receive limited use in smaller 
pedestal-type housings and pole mounted cabinets in the outside plant 
environment.
    (2) Design and fabrication requirements. (i) Terminal blocks used in 
outside plant housings are expected to perform satisfactorily for a 
nominal design life of 30 years.
    (ii) All individual terminals or terminal fields must be enclosed 
and the terminal enclosure must be totally filled with an encapsulating 
grease or gel which prevents connection degradation caused by moisture 
and corrosion. The encapsulant must provide complete encapsulation of 
terminal metallic connections and surfaces and totally fill all voids 
and cavities within individual terminal enclosures or terminal field 
enclosures to prevent ingress of moisture. The encapsulant must not 
restrict access to the terminal or restrict craft personnel from making 
connections. The encapsulant must be compatible with the standard 
materials used in cross-connect hardware and wiring.
    (iii) Binding post terminals shall not be susceptible to damage 
under normal use of standard tools used by outside plant technicians 
such as screwdrivers and test set clips. In addition, use of other tools 
such as scissors, diagonal cutters and long nose pliers for tightening 
and loosening screws shall not result in damage to the terminal.
    (iv) Terminals shall be designed so that a typical technician using 
customary tools shall be able to terminate cross-connect wire on a pair 
of terminals, or to remove it, without causing an electrical short 
between any two terminals or any other adjacent terminals.
    (v) The terminal count sequence shall be indicated using numerals of 
at least 0.25 cm (0.10 in.) in height.
    (vi) A means shall be provided to distinguish feeder terminals from 
distribution terminals.
    (vii) A means shall be provided to identify tip terminals and ring 
terminals in a terminal field. The identification convention shall 
indicate tip on the left with ring on the right for horizontal spacing 
and tip on the top with ring on the bottom for vertical spacing.
    (viii) The preferred height of the highest terminal in the connector 
field in a ground mounted SAI unit shall be 168 cm (66 in.) or less as 
measured from the top surface of the mounting pad. The bottom or lowest 
terminals in the connector field shall be at least 46 cm (18 in.) from 
the top surface of the pad.
    (ix) Pole mounted aerial units shall be 84 cm (33 in.) or less in 
width. The maximum allowable height of the highest terminals in a pole 
mounted aerial unit is 168 cm (66 in.) as measured from the top surface 
of the standard balcony seat used with the interface. For computation 
purposes, 15 cm (6 in.) shall be allowed for the distance between the 
bottom of the interface and the top of the balcony seat.
    (3) Auxiliary features. (i) SAI cabinets with terminal designs which 
do not permit direct attachment of common test instrument clips to 
terminal pairs without the occurrence of shorts shall be equipped with 
single pair auxiliary test contacts. The auxiliary test contacts shall 
attach to a terminal pair and provide a set of secondary terminals which 
will accept typical test instrument clips without the occurrence of 
shorts. Wire used to connect the auxiliary test contacts to the 
secondary terminals shall be 20 gauge minimum stranded conductor copper 
wire with a minimum dielectric strength between conductors of 15 kv. The 
test connector shall be functional on all terminal pairs.
    (ii) A 25 or 50 pair test connector shall be available which can be 
used to make reliable electrical contact to terminals associated with 
discrete 25 pair binder groups. The multi-pair test connector shall be 
provided with a minimum of 1.8 m (6 ft) of suitable cabling terminated 
to a connector, for interfacing with test sets common to the industry. 
The multi-pair test connector shall be functional on all terminal 
groups.
    (iii) A special service marker shall be available which must attach 
to a binding post terminal to identify special circuits and insulate 
exposed metal

[[Page 770]]

parts from accidental shorts from tools and wires. A supply of 25 
special service markers shall be provided with each SAI cabinet. The 
color of special service markers shall be red.
    (iv)(A) A supply of twisted pair cross-connect wire shall be 
supplied with housings that are equipped with cross-connect terminals or 
that have provisions for mounting cross-connect terminals. The minimum 
length of cross-connect wire supplied is dependent on the SAI cabinet 
terminal capacity as follows:

------------------------------------------------------------------------
         Cabinet termination capacity (pairs)             Wire length
------------------------------------------------------------------------
 1 to 600............................................      60 m (200 ft)
601 to 1200..........................................     120 m (400 ft)
Over 1200............................................     180 m (600 ft)
------------------------------------------------------------------------

    (B) The cabinet shall be equipped to store the length of wire in a 
manner designed for convenient dispensing. The cross-connect wire supply 
shall be easily replaceable.
    (g) Performance criteria and test procedures for binding post 
terminal blocks used in SAI cabinets--(1) General. Many of the tests 
described in this section require that the terminal block be installed 
in an appropriate housing in its typical field configuration.
    (2) Environmental requirements--(i) Insulation resistance/high 
humidity and salt fog exposure. A test specimen shall consist of a 
standard ground or pole mounted housing equipped with a full complement 
of binding post terminals equipped with 25 special service markers. The 
minimum number of terminals to be tested shall be 100 pair (100 tips and 
100 associated rings). The test terminals shall be selected to form a 
terminal array of approximate square dimensions. A 1 cm (36 in.) length 
of cross-connect wire shall be installed on each test terminal. All tips 
shall be joined together and all rings shall be joined together with a 
48 volt dc potential applied as shown in Figure 12 during the high 
humidity/salt fog and simulated rain exposures. The 48 volt dc may be 
temporarily removed from the test samples during the measurement process 
and the ring terminal being measured shall be isolated from the 
remaining ring terminals. The terminal insulation resistance shall be 
measured at a potential of 100 volts dc using suitable instrumentation 
with a minimum measurement range of 10\4\ to 10\12\ ohms. Figure 12 is 
as follows:

[[Page 771]]

[GRAPHIC] [TIFF OMITTED] TR21OC94.011

    (A) High humidity. The test housing shall be placed in an 
environmental test chamber at 953% RH and the 
temperature cycled as shown in Figure 3 in paragraph (e)(3)(ii) of this 
section for a period of 30 days. The cabinet doors shall remain in the 
fully open position. The insulation resistance between the ring terminal 
of each sample and all the common tip terminals shall be measured each 
24 hours when the temperature is between 38 and 57 [deg]C (100 and 135 
[deg]F) and increasing. The minimum insulation resistance when measured 
in accordance with paragraph (g)(2)(i) of this section shall not be less 
than 1 x 10\6\ ohms.
    (B) Salt fog. A test housing with its doors closed shall be placed 
in a salt fog 35 [deg]C (95 [deg]F) test chamber and exposed to a salt 
fog spray per ASTM B 117-90 for a period of 30 days. The insulation 
resistance should be measured every 24 hours as indicated in paragraph 
(g)(2)(i) of the section and shall not be less than 1 x 10\6\ ohms. The 
special service markers shall exhibit no sign of fading, corrosion, 
swelling, warping, running color, or other signs of deterioration.
    (ii) Insulation resistance/simulated rain exposure. (A) A test 
housing as described in paragraph (g)(2)(i) of this section shall be 
tested for water infiltration. The test shall be conducted using the 
method described in paragraph (e)(3)(xi) of this section. The cabinet 
doors shall remain closed for the duration of the test. The insulation 
resistance between the ring terminals and the common tip terminals shall 
be measured during and immediately following the spray application as 
indicated in paragraph (g)(2)(i) of this section and shall not be less 
than 1 x 10\6\ ohms.
    (B) With the cabinet doors open, a spray of tap water at a rate of 
3.8 liters per minute (1 gallon per minute) at 276 kilo-pascals (40 
pounds per square inch)

[[Page 772]]

shall be directed on the terminal array for a period of 1 minute 
saturating all of the terminals. Following the spray application the 
doors shall be closed. The cabinet shall be maintained in a temperature 
environment of 26 to 28 [deg]C (78 to 82 [deg]F) at 953% RH for 6 hours. The insulation resistance shall then 
be measured as specified in paragraph (g)(2)(i) of this section. The 
minimum insulation resistance shall not be less than 1 x 10\6\ ohms.
    (iii) Contact resistance. A minimum of 100 terminals equipped with 
cross-connect wire that has been installed in a manner typical of that 
used in the industry shall be temperature cycled.
    (A) The test shall consist of eight-hour temperature cycles with 
one-hour dwells at extreme temperatures of -40 [deg]C to + 60 [deg]C (-
40 [deg]F to + 140 [deg]F), and temperature changes at an average rate 
of 16 [deg]C (60 [deg]F) per hour between the extremes. The relative 
humidity shall be maintained at 953%. The eight-
hour test shall be conducted for 512 cycles. Millivolt drop measurements 
shall be made initially and after 2, 8, 16, 32, 64, 256, and 512 cycles 
with the samples at room temperature. The resistance measurement 
technique must conform to ASTM B 539-90. The measurement method must 
have an accuracy of at least 30 microohms for 
resistances less than 50 milliohms. The change in contact resistance 
shall not exceed 2 milliohms.
    (B) A minimum of 100 terminals equipped with cross-connect wire 
installed in a manner typical of the industry shall be maintained at 118 
[deg]C (245 [deg]F) during the test period, except during disturbance 
measurement periods where each wire connection to the terminals shall 
have a 0.23 kg (0.5 lb) force momentarily applied in a manner to stress 
the connection. Initial millivolt measurements shall be made without 
disturbing the joints in accordance with paragraph (g)(2)(iii)(A) of 
this section with the samples at room temperature. After initial 
measurement each sample shall be disturbed followed by a millivolt drop 
measurement after 1, 2, 4, 8, 16, and 33 days. The change in contact 
resistance should be less than 2 milliohms when compared to the initial 
measurement.
    (iv) Fire resistance. A fully equipped cabinet including a full 
complement of cross-connect jumpers shall be installed in the standard 
field arrangement and tested for fire resistance in accordance with 
paragraphs (e)(3)(xiii) introductory text through (e)(3)(xiii)(B) of 
this section. After cooling, the cabinet, terminals, and associated 
wiring shall be inspected for signs of ignition, melting, burning, or 
structural damage of sufficient consequences such that the results are 
service affecting.
    (v) Encapsulant material compatibility. The terminal connection 
encapsulant compound must be compatible with the standard materials used 
in cross-connect hardware and wiring when aged in accordance with ASTM D 
4568-86 at a temperature of 801 [deg]C (176 2 [deg]F). The conductor insulation shall retain a 
minimum of 85% of its unaged tensile strength and elongation values. The 
cross-connect hardware shall exhibit no visible material degradation.
    (vi) Encapsulant flow test. Terminal connection encapsulant must 
remain stable at 801 [deg]C (1762 [deg]F) when tested in an environmental chamber. Test 
specimens shall be suspended in a preheated oven over a glass dish or 
other drip-catching medium for a period of 24 hours. At the end of the 
test period, the glass dish shall be examined for evidence of flowing or 
dripping of encapsulant from the cross-connect terminal. More than 0.5 
gram of encapsulant in the dish at the end of the test constitutes 
failure.
    (3) Mechanical requirements--(i) Vibration. A test housing equipped 
with a full complement of cross-connect terminals and jumper wiring 
shall be subjected to vibration testing in accordance with paragraph 
(e)(4)(iii) of this section.
    (ii) Torsional capacity of binding posts. The test specimens shall 
consist of the complete binding post terminal consisting of the screw or 
nut, washers if required, and threaded post or stud respectively.
    (A) Test specimens shall include the terminals along the matrix edge 
at mid-span locations as well as centrally located terminals. Tests 
shall be conducted using a torque indicating screwdriver, or wrench, 
with an accuracy of

[[Page 773]]

0.17 N-m (1.5 lb-in.) or 
better. The torque indicating device shall be used to tighten a screw or 
nut until failure of the screw or nut is achieved. Tests shall be 
conducted while the test specimen is stabilized at temperatures of -40 
[deg]C, 20 [deg]C, and 71 [deg]C (-40 [deg]F, + 68 [deg]F, and at + 160 
[deg]F). Record the torques at terminal failure. At least 10 test 
specimens shall be tested at each temperature. The failure torque shall 
not be less than 2.8 N-m (25.0 lb-in.) for each temperature.
    (B) The post or stud of the binding post terminal shall not fail 
before the screw or nut when increasing torque. The faceplate or 
receptacle restraining the post or stud shall not fail before the screw 
or nut when increasing torque.
    (iii) Lateral loading capacity of binding posts. A minimum of three 
sets of 25 terminals shall be tested with the test specimens stabilized 
at temperatures of -40 [deg]C, 20 [deg]C and 71 [deg]C (-40 [deg]F, + 68 
[deg]F, and 100 [deg]F). The test arrangement shall include the 
terminals along the matrix edge at mid-span locations as well as 
centrally located terminals. A force measuring device, such as a 
dynamometer, shall be attached to the end of a binding post terminal and 
a 16 kg (35 lb) force applied orthogonally to the terminal axis in 4 
perpendicular directions as shown in Figure 13. Permanent deformation in 
excess of 0.08 cm (0.03 in.) or any structural damage in either the 
terminal or faceplate constitutes a failure. Figure 13 is as follows:

[[Page 774]]

[GRAPHIC] [TIFF OMITTED] TR21OC94.012

    (iv) Axial pullout resistance. A minimum of three sets of 25 
terminals shall be tested with the test specimens stabilized at 
temperatures of -40 [deg]C, 20 [deg]C, and 71 [deg]C (-40 [deg]F, + 68 
[deg]F, and 100 [deg]F). The test arrangement shall include the 
terminals along the matrix edge at mid-span locations as well as 
centrally located terminals. A force measuring device, such as a 
dynamometer, shall be attached to a terminal and a force of 16 kg (35 
lb) applied on axis as shown in Figure 14. There shall be no permanent 
deformation in excess of 0.08 cm (0.03 in.), any structural damage, or 
terminal pull-out in either the terminal or the faceplate. Figure 14 is 
as follows:

[[Page 775]]

[GRAPHIC] [TIFF OMITTED] TR21OC94.013

    (v) Test connector reliability. (A) A single pair connector shall be 
capable of making a minimum of 100 successive connections to binding 
post terminals without the occurrence of an open circuit. The test shall 
include terminals along the matrix edge, center, top, and bottom.
    (B) A multi-pair test connector shall be attached to the binding 
post terminal field and tests for opens between the binding post 
terminals and the test

[[Page 776]]

connector shall be conducted. All circuits must prove good. The test 
shall be repeated along the terminal matrix edges, center, top, and 
bottom.
    (vi) Service cycle reliability. A torque indicating device or wrench 
with an accuracy of 0.17 N-m (1.5 lb-in.) or better shall be used to tighten the 
terminal screw or nut as appropriate to 1.7 N-m (15.0 lb-in.). The 
terminal nut or screw is then loosened and retightened to 1.7 N-m (15 
lb-in.). After 50 repeated connections and disconnections, the terminal 
shall be placed in an environmental chamber at 95% RH where the 
temperature shall be cycled as indicated in Figure 3 in paragraph 
(e)(3)(ii) of this section for a duration of 72 hours. The terminal 
shall then be momentarily removed from the chamber and the test 
procedure repeated. After a total of 250 loosening and retightening 
cycles have accumulated, the terminal must be capable of withstanding a 
torque of 1.7 N-m (15 lb-in.).
    (4) Dielectric strength. All housing components in the vicinity of 
unsheathed field cable conductors, unsheathed housing stub cable or 
harness conductors, terminals, or cross-connect wire paths shall have a 
minimum dielectric strength of 500 volts ac to the cabinet grounding and 
bonding bracket. Dielectric strength is tested by connecting one lead 
from a 500-volt ac at 0.5 ampere source to the cabinet ground connector 
and the other lead is passed along the surfaces of all cabinet 
components in the vicinity of unsheathed cable or harness conductors, 
cross-connect wire paths, and in the splice area where unsheathed field 
cable conductors may be located. Sparkover constitutes failure.
    (5) Operational requirements--(i) Durability. In order to verify the 
durability requirements while minimizing the number of test housings 
required to complete the test program, the binding posts selected for 
tests shall be separately identified and then checked to establish 
compliance after the various tests have been conducted.
    (ii) Twenty-five jumper connections shall be made on each of two 
binding post connectors chosen at random from a representative sample in 
an assembled interface unit. After exposure to this test, these and 
adjacent connectors shall be inspected for damage such as cracks or 
chips in metal or plastic parts. Failure consists of structural damage, 
open circuits through the connector, or inability to pass the torsional, 
lateral loading, or axial pullout tests described in paragraphs 
(g)(3)(ii) through (g)(3)(iv) of this section.
    (iii) Select six binding posts at random in a representative 
interface. On each connector, attach any test cord included with the 
unit and then remove the test cord as follows. On binding post sample 1, 
remove the cord normally ten times. On binding post sample 2, remove the 
cord ten times by jerking the test leads straight out. In these and the 
remaining tests, do this without releasing any manual attachment 
mechanisms. On sample 3, remove ten times by jerking downward at 45 
[deg]from horizontal; sample 4, upward at 45 [deg]ten times; sample 5, 
left 45 [deg]ten times; sample 6, right 45 [deg]ten times. Check for 
opens and damage in the test cord, clips, and connectors. Failure 
consists of structural damage, open circuits through the connector, or 
inability of the terminal blocks to pass the torsional, lateral loading, 
axial pullout, test connector reliability, or dielectric strength tests 
described in paragraphs (g)(3)(ii) through (g)(3)(v)(B), and paragraph 
(g)(4) of this section.
    (iv) Use craft tools such as scissors, diagonal cutters, and long 
nose pliers to loosen and tighten screws where the binding post design 
does not prohibit the possibility. Failure consists of severe structural 
damage.
    (h) Functional design criteria for insulation displacement type 
cross-connect modules used in SAI cabinets--(1) General description. 
Cross-connect modules normally consist of multiple metallic contact 
elements that are retained by nonmetallic fixtures. The contact elements 
are spliced with permanent wire leads compatible for splicing to 22, 24, 
or 26 gauge cable on one side and configured for the acceptance of 
recurring connections and disconnections of plastic insulated cross-
connect wire on the other side. Cross-connect modules are usually housed 
in a SAI cabinet. However, modules may receive limited usage in smaller 
pedestal-type

[[Page 777]]

housings and cabinets in the outside plant environment.
    (2) Design and fabrication requirements. (i) All individual 
terminals or terminal fields must be enclosed and the terminal 
enclosures must be totally filled with an encapsulating grease or gel 
which prevents connection degradation caused by moisture and corrosion. 
The encapsulant must provide complete encapsulation of terminal metallic 
connections and surfaces and totally fill all voids and cavities within 
individual terminal enclosures or terminal field enclosures to prevent 
ingress of moisture. The encapsulant must not restrict access to the 
terminal or restrict craft personnel from making connections. The 
encapsulant must be compatible with the standard materials used in 
cross-connect hardware and wiring.
    (ii) The cross-connect module manufacturer shall make available any 
nonstandard tools and test apparatus which are required for splicing, 
placing of jumpers, and the performance of maintenance operations.
    (iii) The module shall be designed so that a typical outside plant 
technician using tools shall be able to terminate cross-connect wire on 
terminals, or to remove them without causing electrical shorts between 
any other terminals.
    (iv) The pair count sequence terminated on a module shall be easily 
visible and shall have numerals of at least 0.25 cm (0.10 in.) in 
height.
    (v) Feeder terminations shall be easily distinguished from 
distribution terminations.
    (vi) Tip and ring terminations shall be easily visible and shall be 
identifiable as described in paragraph (f)(2)(vi) of this section.
    (vii) The preferred locations for cross-connect modules to be 
mounted inside a housing is the same as those for terminals and are 
described in paragraphs (f)(2)(vii) and (f)(2)(viii) of this section.
    (3) Auxiliary features. (i) Housings equipped with cross-connect 
modules shall be equipped with auxiliary test contacts as described in 
paragraphs (f)(3)(i) and (f)(3)(ii) of this section.
    (ii) Special service markers shall be available for cross-connect 
modules as described in paragraph (f)(3)(iii) of this section.
    (iii) Housings equipped with, or designed for, cross-connect modules 
shall contain a supply of cross-connect wire as described in paragraph 
(f)(3)(iv) of this section.
    (i) Performance criteria and test procedures for insulation 
displacement type cross-connect modules--(1) General. Many of the tests 
described in this section require that the cross-connect module be 
installed in an appropriate housing in its typical field configuration 
for testing. Resistance measurements should be made with an electrical 
device which measures changes in resistance for each test parameter 
measured. The tests specified provide an indication of the stability of 
the electrical connections under the test conditions encountered.
    (2) Environmental requirements. (i) A fully equipped arrangement of 
cross-connect modules having approximately 25 special service markers 
shall successfully complete environmental testing in accordance with 
paragraphs (e)(3) introductory text through (e)(3)(xiii)(B) of this 
section.
    (ii) Insulation resistance/high humidity and salt fog exposure. 
Insulation resistance measurements shall not be less than 1 x 10\6\ ohms 
when cross-connect modules are tested by a procedure similar to that 
described in paragraphs (g)(2)(i) introductory text through (g)(2)(i)(B) 
of this section.
    (iii) Insulation resistance/simulated rain exposure. Insulation 
resistance measurements shall not be less than 1 x 10\6\ ohms when 
cross-connect modules are tested by a procedure similar to that 
described in and paragraphs (g)(2)(ii) introductory text through 
(g)(2)(ii)(B) of this section.
    (iv) Contact resistance. The change in contact resistance should not 
exceed 2 milliohms when cross-connect modules are tested by a procedure 
similar to that described in paragraphs (g)(2)(iii) introductory text 
through (g)(2)(iii)(B) of this section.
    (v) Fire resistance. A housing fully equipped with cross-connect 
modules and jumper wiring shall be tested for fire resistance by a 
procedure similar to that described in paragraph (g)(2)(iv) of this 
section.

[[Page 778]]

    (vi) Encapsulant material compatibility. Cross-connect wire 
insulation and cross-connect hardware shall exhibit no visible material 
degradation when tested by the procedure described in paragraph 
(g)(2)(v) of this section.
    (vii) Encapsulant flow test. The cross-connect contact encapsulant 
shall drip no more than 0.5 gram when tested by the procedure described 
in paragraph (g)(2)(vi) of this section.
    (3) Mechanical requirements--(i) Vibration. A housing fully equipped 
with cross-connect modules shall be vibration tested in accordance with 
paragraph (g)(3)(i) of this section.
    (ii) Test connector reliability. The test connectors supplied with 
housings intended for cross-connect modules shall successfully complete 
100 successive connections as described in paragraphs (g)(3)(v) 
introductory text through (g)(3)(v)(B) of this section.
    (iii) Service cycle reliability. A combination of multiple 
insertions of jumper wires, vibration, and temperature cycling shall be 
performed on cross-connect modules. The multiple insertions on 
approximately 100 connections shall be accomplished by 300 operations 
consisting of insertion, removal and reinsertion of new jumper wire. 
Contact resistance shall be measured and the final insertion of jumper 
wire shall not be removed from the connectors but must be subjected to 
vibration testing in accordance with paragraph (g)(3)(i) of this section 
and temperature cycled as indicated in Figure 3 in paragraph (e)(3)(ii) 
of this section for a duration of 72 hours. After vibration and 
temperature cycling, the average change in contact resistance shall be 
no greater than 2 milliohms.
    (iv) Jumper wire pull-out resistance. Test modules that have 
received no prior conditioning shall be equipped with 100 38 cm (15 in.) 
jumper connections of the gauges recommended for use with the module 
using the insertion tool recommended by the cross-connect module 
manufacturer. With the test samples suitably supported, wires from each 
sample shall be pulled, one at a time, by a tensile machine at a cross-
head speed of 6 centimeters per minute (cm/min) (2.4 inches per minute 
(in./min)). Wires shall be pulled both perpendicular and parallel to the 
plane of the cross-connect field and shall withstand a load of at least 
1.1 kg (2.5 lb) before pulling out.
    (v) Cable conductor pull-out resistance. Test modules that have 
received no prior conditioning shall be equipped with 100 26, 24, and 22 
AWG 38 cm (15 in.) cable conductors using the insertion tool recommended 
by the cross-connect module manufacturer. With the test samples suitably 
supported, conductors from each sample shall be pulled, one at a time, 
by a tensile machine at a cross-head speed of 6 cm/min (2.4 in./min). 
Wires shall be pulled both perpendicular and parallel to the plane of 
the face of the splice module and shall withstand a load of at least 1.1 
kg (2.5 lb) before pulling out.
    (4) Electrical requirements--(i) Dielectric strength. A housing 
fully equipped with cross-connect modules shall be tested for dielectric 
strength in accordance with (g)(4) of this section.
    (ii) The dielectric strength of a contact within the cross-connect 
module to contacts on either side shall be tested. The module shall be 
tested in a dry environment with an ac power source capable of supplying 
8 kv at a rate of increase of 500 volts per second, a circuit breaker to 
open at breakdown, and a voltmeter to record the breakdown potential. 
Cross-connect modules shall be prepared in accordance with industry 
accepted splicing techniques with leads trimmed to approximately 38 cm 
(15 in.). The dielectric strength of each contact to the contacts on 
either side shall have an average dielectric strength of approximately 
5.0 kv.
    (5) Operational requirements--(i) Durability. In order to verify the 
durability requirements while minimizing the number of test housings 
required to complete the test program, the contacts selected for tests 
shall be separately identified and then checked to establish compliance 
after the various tests have been conducted.
    (ii) Twenty-five jumper connections shall be made on each of two 
contacts chosen at random from a representative sample in an assembled 
interface unit. After this test, these and surrounding contacts shall be 
inspected for damage such as cracks or chips in metal or plastic parts. 
Failure consists of structural damage, open circuits

[[Page 779]]

through the connector, or inability to pass the jumper wire pullout 
tests described in paragraph (i)(3)(iv) of this section.
    (iii) Select six contacts at random in a representative interface. 
On each of these contacts attach any test cord included with the unit as 
specified under normal use of that cord and then remove the test cord as 
follows. On sample 1, remove the cord normally ten times. On sample 2, 
remove the clip ten times by jerking the test leads straight out. In 
these and the remaining tests, do this without releasing any manual 
attachment mechanisms. On sample 3, remove ten times by jerking downward 
at 45 [deg]from horizontal; sample 4, upward 45 [deg]ten times; sample 
5, left 45 [deg]ten times; sample 6, right 45 [deg]ten times. Check for 
opens and damage in the test cord, clips, and cross-connect modules. 
Failure consists of structural damage, open circuits through the 
connector, or inability of module to pass the test connector 
reliability, jumper wire pullout, and dielectric strength tests 
described in paragraphs (i)(3)(ii), (i)(3)(iv), and (i)(4)(ii) of this 
section.
    (j) Packaging and identification requirements--(1) Product 
identification. (i) Each housing, terminal block, or cross-connect 
module shall be permanently marked with the manufacturer's name or trade 
mark.
    (ii) The date of manufacture, model number, serial number and RUS 
assigned designations shall be placed on a decal inside housings. The 
product identification nomenclature must correspond with the 
nomenclature used in the manufacturer's quality assurance program.
    (2) Packaging requirements. (i) Buried plant housings shall be 
packaged securely in an environmentally safe container to prevent either 
deterioration or physical damage to the unit during shipment, handling 
and storage.
    (ii) The product with all the necessary parts shall be shipped in 
one container unless significant advantages to the user can be obtained 
otherwise. Packaging of parts in the carton shall be such that the parts 
become available in the order in which they are needed. The package 
should be clearly marked as to which end to open. Packages shall be 
clearly labeled, and correspond to the names given in the instructions.
    (iii) Products packed in shipping containers shall be cushioned, 
blocked, braced, and anchored to prevent movement and damage.
    (iv) All products shall be secured to pallets with non-metallic 
strapping. The strapping and the manner employed shall be of sufficient 
quantity, width, and thickness to preclude failure during transit and 
handling.
    (v) The use of shrink or stretch film to secure the load to the 
pallet is permitted. However, such film must be applied over the 
required strapping.
    (vi) Containers that are too large or heavy to be palletized, such 
as crates, shall be shipped in their own containers. When practical, 
these containers shall be provided with skids to facilitate fork-lift 
handling.
    (vii) When packaged, the outer cartons shall meet the requirements 
of the Uniform Freight Classification and the National Motor Freight 
Classification.
    (3) Container marking requirements. (i) The package shall be readily 
identifiable as to the manufacturer, model number, date of manufacture, 
and serial number.
    (ii) The RUS assigned housing designation shall be stamped or marked 
on the outside of the package container with letter and number sizes 
large enough for easy identification.
    (iii) Each package shall be marked with its approximate gross 
weight.
    (iv) All containers carrying delicate or fragile items shall be 
marked to clearly identify this condition.
    (v) All marking shall be clear, legible, and as large as space 
permits.

(The information and recordkeeping requirements of this section have 
been approved by the Office of Management and Budget under control 
number 0572-0059)

[59 FR 53044, Oct. 21, 1994, as amended at 69 FR 18803, Apr. 9, 2004]

    PART 1757_TELEPHONE SYSTEMS OPERATIONS AND MAINTENANCE [RESERVED]

                       PARTS 1758	1759 [RESERVED]

[[Page 781]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 783]]



                    Table of CFR Titles and Chapters




                     (Revised as of January 1, 2024)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 784]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)
        LX  Federal Communications Commission (Parts 6000--6099)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)

[[Page 785]]

      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)

[[Page 786]]

    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)
       CII  U.S. Office of Special Counsel (Parts 10300--10399)
       CIV  Office of the Intellectual Property Enforcement 
                Coordinator (Part 10400--10499)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)

[[Page 787]]

      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [Reserved]
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]

[[Page 788]]

      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), Department of Agriculture (Parts 200--
                299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999)[Reserved]

[[Page 789]]

         X  Consumer Financial Protection Bureau (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, Department of the 
                Treasury (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)

[[Page 790]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

[[Page 791]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance Corporation 
                (Parts 700--799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 792]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799) 
                [Reserved]
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]

[[Page 793]]

        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--799)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)

[[Page 794]]

        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance

[[Page 795]]

         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Department of Defense, Defense Logistics Agency (Parts 
                1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 796]]

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)

[[Page 797]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
 Chapters 
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
 Chapters 
  103--104  (Parts 103-001--104-099) [Reserved]

[[Page 798]]

       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
 Chapters 
  129--200  [Reserved]
            Subtitle D--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99).
            Subtitle E [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
 Chapters 
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)

[[Page 799]]

        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)

[[Page 800]]

       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)

[[Page 801]]

        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

[[Page 802]]

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 803]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of January 1, 2024)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 804]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I

[[Page 805]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
     States
[[Page 806]]

Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 2, LX; 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        5, CIII; 29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Permitting Improvement Steering Council   40, IX
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 807]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II

[[Page 808]]

Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Intellectual Property Enforcement Coordinator,    5, CIV
     Office of
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Environmental Enforcement, Bureau    30, II
       of
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 809]]

  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 810]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State, Department of                              2, VI; 22, I; 28, XI

[[Page 811]]

  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury, Department of the                       2, X; 5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 813]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2019 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2019

7 CFR
                                                                   84 FR
                                                                    Page
Chapter XVI
Chapter XVI Removed; eff. 1-6-2020.................................59920
Chapter XVII
1700.1 (b) revised; (c) removed; eff. 1-6-2020.....................59920
1700.25 Amended; eff. 1-6-2020.....................................59920
1700.29 Introductory text revised; eff. 1-6-2020...................59920
1710.2 (a) amended.................................................32610
1710.2 Regulation at 84 FR 32610 eff. date revised.................33163
1710.106 (c)(4) removed............................................32610
1710.106 Regulation at 84 FR 32610 eff. date revised...............33163
1710.112 (c) removed...............................................32610
1710.112 Regulation at 84 FR 32610 eff. date revised...............33163
1710.154 Added.....................................................32610
1710.154 Regulation at 84 FR 32610 eff. date revised...............33163
1710.202 Revised...................................................32610
1710.202 Regulation at 84 FR 32610 eff. date revised...............33163
1710.203 Revised...................................................32610
1710.203 Regulation at 84 FR 32610 eff. date revised...............33163
1710.204 Removed...................................................32610
1710.204 Regulation at 84 FR 32610 eff. date revised...............33163
1710.205 Revised...................................................32610
1710.205 Regulation at 84 FR 32610 eff. date revised...............33163
1710.206 Heading, (a) introductory text, and (b) revised...........32611
1710.206 Regulation at 84 FR 32611 eff. date revised...............33163
1710.207 Heading revised...........................................32611
1710.207 Regulation at 84 FR 32611 eff. date revised...............33163
1710.208 Heading and introductory text revised; (g) removed........32611
1710.208 Regulation at 84 FR 32611 eff. date revised...............33163
1710.209 Revised...................................................32611
1710.209 Regulation at 84 FR 32611 eff. date revised...............33163
1710.250 Revised...................................................32611
1710.250 Regulation at 84 FR 32611 eff. date revised...............33163
1710.251 (a) revised...............................................32612
1710.251 Regulation at 84 FR 32612 eff. date revised...............33163
1710.252 (a) revised...............................................32612
1710.252 Regulation at 84 FR 32612 eff. date revised...............33163
1710.253 (b) revised...............................................32612
1710.253 Regulation at 84 FR 32612 eff. date revised...............33163
1710.254 Removed...................................................32612
1710.254 Regulation at 84 FR 32612 eff. date revised...............33163

[[Page 814]]

1710.255 (a) revised...............................................32612
1710.255 Regulation at 84 FR 32612 eff. date revised...............33163
1710.300 (b) and (d)(4) revised....................................32612
1710.300 Regulation at 84 FR 32612 eff. date revised...............33163
1710.410 (b) revised...............................................32613
1710.410 Regulation at 84 FR 32613 eff. date revised...............33163
1710.500 (a) revised...............................................32613
1710.500 Regulation at 84 FR 32613 eff. date revised...............33163
1710.501 (a), (b), (c), and (d)(1) revised.........................32613
1710.501 Regulation at 84 FR 32613 eff. date revised...............33163
1714.4 (c) revised.................................................32615
1714.4 Regulation at 84 FR 32615 eff. date revised.................33163
1714.56 Revised....................................................32615
1714.56 Regulation at 84 FR 32615 eff. date revised................33163
1717.300--1717.349 (Subpart G) Removed.............................32615
1717.300--1717.349 (Subpart G) Regulation at 84 FR 32615 eff. date 
        revised....................................................33163
1717.350--1717.356 (Subpart H) Removed.............................32615
1717.350--1717.356 (Subpart H) Regulation at 84 FR 32615 eff. date 
        revised....................................................33163
1717.618 Added.....................................................32615
1717.618 Regulation at 84 FR 32615 eff. date revised...............33163
1717.850 (g)(1)(ii) revised........................................32616
1717.850 Regulation at 84 FR 32616 eff. date revised...............33163
1717.855 (b) and (h) revised.......................................32616
1717.855 Regulation at 84 FR 32616 eff. date revised...............33163
1717.856 (c), (e), and (f) revised.................................32616
1717.856 Regulation at 84 FR 32616 eff. date revised...............33163
1717.856 (c)(1) through (4) added..................................37059
1717.857 (c)(3) revised............................................32616
1717.857 Regulation at 84 FR 32616 eff. date revised...............33163
1717.858 (c)(1) revised............................................32616
1717.858 Regulation at 84 FR 32616 eff. date revised...............33163
1717.860 (c)(2)(i) revised.........................................32616
1717.860 Regulation at 84 FR 32616 eff. date revised...............33163
1721.105 (b) through (e) revised...................................32616
1721.105 Regulation at 84 FR 32616 eff. date revised...............33163
1724.1 (c) revised.................................................32617
1724.1 Regulation at 84 FR 32617 eff. date revised.................33163
1724.5 Revised.....................................................32617
1724.5 Regulation at 84 FR 32617 eff. date revised.................33163
1724.21 (a) revised................................................32617
1724.21 Regulation at 84 FR 32617 eff. date revised................33163
1724.31 (b) revised................................................32617
1724.31 Regulation at 84 FR 32617 eff. date revised................33163
1724.51 (b)(1) and (c)(1) revised..................................32617
1724.51 Regulation at 84 FR 32617 eff. date revised................33163
1724.54 (c)(1) and (d)(1)(i) introductory text revised.............32617
1724.54 Regulation at 84 FR 32617 eff. date revised................33163
1724.55 (a)(7) revised.............................................32617
1724.55 Regulation at 84 FR 32617 eff. date revised................33163
1726.35 (c)(5) and (e)(3)(vi)(A) removed; (c)(6), (7), and 
        (e)(3)(vi)(B) through (E) redesignated as (c)(5), (6), and 
        (e)(3)(vi)(A) through (D); (d) and (e)(4)(iii)(E)(1) 
        revised....................................................32617
1726.35 Regulation at 84 FR 32617 eff. date revised................33163
1726.403 (d)(2)(ii) revised........................................32618
1726.403 Regulation at 84 FR 32618 eff. date revised...............33163
1728.97 (g)(1) redesignated as (g)(3); (d)(1) and (2) redesignated 
        as new (g)(1) and (2); (d) removed; (e) through (i) 
        redesignated as new (d) through (h); introductory text, 
        (a) introductory text, (21), (b), (c), new (d) 
        introductory text, (e), (f) introductory text, (g), and 
        (h) revised................................................28190
1728.98 (a)(21) revised............................................28191
1728.201 Revised...................................................28191
1728.202 Revised...................................................28198
1728.203 Added.....................................................28200
1730.20--1730.59 (Subpart B) Appendix A amended....................32618
1730.20--1730.59 (Subpart B) Regulation at 84 FR 32618 eff. date 
        revised....................................................33163
1735.2 Amended; eff. 1-6-2020......................................59920

[[Page 815]]

1735.10 (b) and (e) revised; eff. 1-6-2020.........................59921
1735.17 (b) revised; eff. 1-6-2020.................................59921
1735.30 (b)(2), (f), and (g) revised; eff. 1-6-2020................59921
1735.31 Heading, (a) introductory text, (b), (c) introductory 
        text, (d), (e), and (f) revised; eff. 1-6-2020.............59921
1735.32 (a) revised; eff. 1-6-2020.................................59921
1735.43 (b) through (e) revised; (f) removed; eff. 1-6-2020........59921
1735.44 Revised; eff. 1-6-2020.....................................59922
1735.46 (f) revised; eff. 1-6-2020.................................59922
1735.47 (a)(2) revised; eff. 1-6-2020..............................59922
1737.2 Amended; eff. 1-6-2020......................................59922
1737.11 (i) revised; eff. 1-6-2020.................................59922
1737.60 (a) introductory text amended; (a)(1) and (2) revised; 
        eff. 1-6-2020..............................................59922
1737.71 (a) amended; eff. 1-6-2020.................................59922
1740 Removed; eff. 1-6-2020........................................59922
1744.21 Amended; eff. 1-6-2020.....................................59922
1744.67 (a)(2) introductory text revised; eff. 1-6-2020............59922
1744.68 (a) introductory text and (1) revised; (d) amended; eff. 
        1-6-2020...................................................59922
1744.200 (b) removed; eff. 1-6-2020................................59923
1744.201 Amended; eff. 1-6-2020....................................59923
1751.100 Amended; eff. 1-6-2020....................................59923
1751.103 (a) introductory text amended; eff. 1-6-2020..............59923
1755.97 Revised....................................................28201
1755.98 Table revised..............................................28201

                                  2020

7 CFR
                                                                   85 FR
                                                                    Page
Chapter XVII
1710.101 (a)(2) revised; (a)(3) added..............................18418
1710.106 (g) added.................................................57081
1719 Added.........................................................18418
1719 Regulation at 85 FR 18418 confirmed...........................67427
1738 Revised; interim..............................................14398
1739.3 Amended; interim............................................14408
1739.8 Added; interim..............................................14408
1739.15 (l) redesignated as (m); (d) introductory text and new 
        (m)(8) amended; new (l) added; interim.....................14409
1739.19 (f) added; interim.........................................14409
1752 Added.........................................................10558

                                  2021

7 CFR
                                                                   86 FR
                                                                    Page
Chapter XVII
1710.109 (c) revised...............................................36196
1710.251 (b) and (c)(11) amended; (c)(7) and (12) revised; (c)(13) 
        added......................................................36196
1710.252 (b) amended...............................................36196
1710.501 (a)(3) introductory text revised..........................36196
1714.56 (a) and (b) revised........................................36196
1717.154 (c)(1) amended............................................36197
1717.604 (b) and (c) revised.......................................36197
1717.608 (b) and (c)(1) revised....................................36197
1717.616 Introductory text and (b) revised.........................36197
1717.854 (c)(2) amended............................................36197
1718.54 Amended....................................................36197
1718.50--1718.54 (Subpart B) Appendix A removed....................36197
1718.100--1718.104 (Subpart C) Appendix A removed..................36197
1721.1 (a) revised.................................................36197
1726.35 (a), (c) introductory text, (3), and (d) revised...........36197
1726.51 (b) revised................................................36198
1726.77 (b) and (c) revised........................................36198
1726.150 (b) revised...............................................36198
1726.176 Introductory text and (b)(3) revised......................36198
1726.403 (c)(2)(ii) introductory text revised......................36198
1728.97 Introductory text amended; (a)(21), (c)(1), and (e) 
        revised....................................................57020
1728.98 (a)(21) revised............................................57020
1728.201 (b)(11) and (j)(4)(v) added; (d)(3) introductory text, 
        (i), (h)(1), (i)(2)(ii), (j)(4)(ii), (k)(1), (3) 
        introductory text, (iv), and (v) revised...................57021
1728.202 (e)(5) table 5 amended; (g)(2) redesignated as (g)(3); 
        (b)(10), (d), and (7) revised; new (g)(2) added............57021
1730.23 Revised....................................................36198
1730.20--1730.59 (Subpart B) Appendix A removed....................36198
1735.1 (d) added...................................................50608
1735.2 Amended.....................................................50608

[[Page 816]]

1735.10 (a)(2)(ii) revised; (e) removed; (f) and (g) redesignated 
        new (e) and (f)............................................50608
1735.12 (c)(2) and (3) removed; (c)(4) through (12) redesignated 
        as new (c)(2) through (10); (a), (b), and new (c)(5) 
        revised....................................................50608
1735.21 Revised....................................................50608
1735.22 (f), (g), and (i) revised..................................50608
1735.23 Added......................................................50608
1735.24 Added......................................................50609
1735.51 (c) revised................................................50609
1735.52 (a), (b) designation and heading removed...................50609
1737.22 (a)(13) removed; (a)(14) through (20) and (d) redesignated 
        as new (a)(13) through (19) and (e); new (a)(19) and 
        undesignated text redesignated as (a)(19)(i) and (ii); new 
        (a)(19)(ii) amended; (b) introductory text, (c) 
        introductory text, and (3) revised; new (d) and (f) added 
                                                                   50609
1737.90 (a)(6) revised.............................................50610
1740 Added.........................................................11609
1752 Regulation at 85 FR 10558 confirmed...........................17274
1755.97 (b)(13) revised............................................57022
1755.98 (a) revised................................................57022

                                  2022

7 CFR
                                                                   87 FR
                                                                    Page
Chapter XVII
1710 Authority citation revised....................................38641
1710.1 Revised; eff. 2-28-23.......................................73436
1710.1 Revised.....................................................74496
1710.2 (a) amended..........................................38642, 74497
1710.2 Amended; eff. 2-28-23.......................................73436
1710.53 Added......................................................74497
1710.100 Revised...................................................74498
1710.101 (a) introductory text and (b) revised; eff. 2-28-23.......73436
1710.105 Revised; eff. 2-28-23.....................................73436
1710.106 (a)(3), (c)(2), and (3) revised; (b)(1) removed; (b)(2) 
        and (3) redesignated as new (b)(1) and (2); eff. 2-28-23 
                                                                   73436
1710.106 (a)(7) and (8) added; (c)(1) and (e) revised..............74498
1710.200 Amended; eff. 2-28-23.....................................73437
1710.202 (a) and (b) revised; eff. 2-28-23.........................73437
1710.203 Revised; eff. 2-28-23.....................................73437
1710.205 (a) and (c) revised; eff. 2-28-23.........................73437
1710.206 Removed; eff. 2-28-23.....................................73438
1710.209 Removed; eff. 2-28-23.....................................73438
1710.400 (b)(2) revised; eff. 2-28-23..............................73438
1710.404 Amended; eff. 2-28-23.....................................73438
1710.408 (h) amended; eff. 2-28-23.................................73438
1710.500 (a) amended; eff. 2-28-23.................................73438
1710.501 (a)(1)(v), (viii), (x), (xiii), (xvi), (2), and (8) 
        revised; (a)(4) removed; (a)(5) through (17) redesignated 
        as new (a)(4) through (16); eff. 2-28-23...................73438
1710.601--1710.605 (Subpart J) Added; eff. 2-28-23.................73439
1714.50--1714.59 (Subpart B) Removed; eff. 2-28-23.................73440
1714.56 Correction: (b)(1) through (3) added.......................39329
1717.616 Revised; eff. 2-28-23.....................................73440
1717.855 (g) revised; eff. 2-28-23.................................73442
1720 Heading revised...............................................74499
1720.1 Revised.....................................................74499
1720.2 Removed.....................................................74499
1720.3 Revised.....................................................74499
1720.4 (a)(1), (b), (c), and (e) revised...........................74500
1720.5 (a)(2) and (b)(2) revised...................................74500
1720.6 (a)(4), (6), and (7) revised................................74500
1720.7 (b)(4) through (6) and (c) revised; (b)(7) added............74501
1720.8 (a)(6) through (9) redesignated as (a)(7) through (10); new 
        (a)(6) and (c) added; new (c)(9) and new (10) revised......74501
1720.11 Revised....................................................74501
1720.12 (a)(3) through (5) and (b) revised; (c) through (e) added 
                                                                   74501
1724.9 Revised; eff. 2-28-23.......................................73442
1724.40 Amended; eff. 2-28-23......................................73442
1724.51 (f)(1) revised; eff. 2-28-23...............................73442
1724.54 (d)(1)(ii), (e)(2), (f)(2), (g)(1), and (2) revised; eff. 
        2-28-23....................................................73442
1724.70 (b) revised; eff. 2-28-23..................................73442
1724.71 (a) and (c) revised; (b) amended; eff. 2-28-23.............73442
1728.97 (a)(21) revised; (e)(10) and (11) redesignated as (e)(11) 
        and (12); new (e)(10) added................................26962

[[Page 817]]

1728.202 (b)(10) introductory text removed; (b)(10)(i) added; 
        (b)(10) table 1 heading and note 1 revised; (b)(10)(ii) 
        and (iii) added............................................26963
1730.27 (b) and (c) removed; (d) and (e) redesignated as new (b) 
        and new (c); (a) and new (b) amended; new (c)(5) revised; 
        eff. 2-28-23...............................................73443
1730.28 (b) and (c) removed; (d) through (j) redesignated as new 
        (b) through (h); new (b) and new (g)(1) revised; (a) and 
        new (f) amended; eff. 2-28-23..............................73443
1730.63 (a)(5) revised; (b)(2) removed; (b)(3) and (4) 
        redesignated as new (b)(2) and (3); eff. 2-28-23...........73443
1730.65 Revised; eff. 2-28-23......................................73443
1735 Policy statement..............................................15031
1735 Authority citation revised....................................38642
1735.2 Amended.....................................................38642
1737 Policy statement..............................................15031
1737 Authority citation revised....................................38642
1737.2 Amended.....................................................38642
1738 Regulation at 85 FR 14398 confirmed...........................73446
1738.2 (a) amended.................................................38642
1739 Authority citation revised....................................38642
1739 Regulation at 85 FR 14408 confirmed...........................73446
1739.3 Amended.....................................................38642
1740 Regulation at 86 FR 11609 eff. date confirmed.................63419
1740.2 (a) amended.................................................38642
1755.97 (a)(1) and (b)(13) revised.................................26963
1755.98 (a) revised................................................26963

                                  2023

7 CFR
                                                                   88 FR
                                                                    Page
Chapter XVII
1709.21 (a) and (b) revised.........................................7561
1709.21 Regulation at 88 FR 7561 confirmed.........................31603
1710.1 Regulation at 87 FR 73436 confirmed.........................10237
1710.1 Regulation at 87 FR 74496 eff. date confirmed...............10463
1710.2 Regulation at 87 FR 73436 confirmed.........................10237
1710.2 Regulation at 87 FR 74497 eff. date confirmed...............10463
1710.2 (a) amended.................................................12809
1710.2 Regulation at 88 FR 12809 confirmed.........................32951
1710.53 Regulation at 87 FR 74497 eff. date confirmed..............10463
1710.100 Regulation at 87 FR 74498 eff. date confirmed.............10463
1710.101 Regulation at 87 FR 73436 confirmed.......................10237
1710.105 Regulation at 87 FR 73436 confirmed.......................10237
1710.106 Regulation at 87 FR 73436 confirmed.......................10237
1710.106 Regulation at 87 FR 74498 eff. date confirmed.............10463
1710.106 Regulation at 85 FR 57081 eff. date confirmed.............71987
1710.114 (a), (b)(1), and (e)(2) revised...........................12810
1710.114 Regulation at 88 FR 12810 confirmed.......................32951
1710.200 Regulation at 87 FR 73437 confirmed.......................10237
1710.202 Regulation at 87 FR 73437 confirmed.......................10237
1710.203 Regulation at 87 FR 73437 confirmed.......................10237
1710.205 Regulation at 87 FR 73437 confirmed.......................10237
1710.206 Regulation at 87 FR 73438 confirmed.......................10237
1710.209 Regulation at 87 FR 73438 confirmed.......................10237
1710.400 Regulation at 87 FR 73438 confirmed.......................10237
1710.404 Regulation at 87 FR 73438 confirmed.......................10237
1710.408 Regulation at 87 FR 73438 confirmed.......................10237
1710.500 Regulation at 87 FR 73438 confirmed.......................10237
1710.501 Regulation at 87 FR 73438 confirmed.......................10237
1710.601--1710.605 (Subpart J) Regulation at 87 FR 73439 confirmed
                                                                   10237
1714.50--1714.59 (Subpart B) Regulation at 87 FR 73440 confirmed 
                                                                   10237
1717.616 Regulation at 87 FR 73440 confirmed.......................10237
1717.855 Regulation at 87 FR 73442 confirmed.......................10237

[[Page 818]]

1719.13 (b) introductory text, (1), and (2) revised.................7561
1719.13 Regulation at 88 FR 7561 confirmed.........................31603
1720.1 Regulation at 87 FR 74499 eff. date confirmed...............10463
1720.2 Regulation at 87 FR 74499 eff. date confirmed...............10463
1720.3 Regulation at 87 FR 74499 eff. date confirmed...............10463
1720.4 Regulation at 87 FR 74500 eff. date confirmed...............10463
1720.5 Regulation at 87 FR 74500 eff. date confirmed...............10463
1720.6 Regulation at 87 FR 74500 eff. date confirmed...............10463
1720.7 Regulation at 87 FR 74501 eff. date confirmed...............10463
1720.8 Regulation at 87 FR 74501 eff. date confirmed...............10463
1720.11 Regulation at 87 FR 74501 eff. date confirmed..............10463
1720.12 Regulation at 87 FR 74501 eff. date confirmed..............10463
1724.9 Regulation at 87 FR 73442 confirmed.........................10237
1724.40 Regulation at 87 FR 73442 confirmed........................10237
1724.51 Regulation at 87 FR 73442 confirmed........................10237
1724.54 Regulation at 87 FR 73442 confirmed........................10237
1724.70 Regulation at 87 FR 73442 confirmed........................10237
1724.71 Regulation at 87 FR 73442 confirmed........................10237
1730.27 Regulation at 87 FR 73443 confirmed........................10237
1730.28 Regulation at 87 FR 73443 confirmed........................10237
1730.63 Regulation at 87 FR 73443 confirmed........................10237
1730.65 Regulation at 87 FR 73443 confirmed........................10237
1734.8 (a) through (c) revised......................................7561
1734.8 Regulation at 88 FR 7561 confirmed..........................31603
1735.23 Correction: (a) introductory text revised..................36217
1738.254 (a) and (b) revised........................................7561
1738.254 Regulation at 88 FR 7561 confirmed........................31603
1739.20 (a) and (b) revised.........................................7561
1739.20 Regulation at 88 FR 7561 confirmed.........................31603
1740.2 Amended......................................................5726
1740.2 Regulation at 88 FR 5726 confirmed..........................33816
1740.10 (a) revised.................................................5726
1740.10 Regulation at 88 FR 5726 confirmed.........................33816
1740.46 Revised.....................................................5726
1740.46 Regulation at 88 FR 5726 confirmed.........................33816
1740.60 (b) removed; (c) through (e) redesignated as (b) through 
        (d); new (b) and new (c)(12) revised; new (c)(19) 
        introductory text amended...................................5726
1740.60 Regulation at 88 FR 5726 confirmed.........................33816
1740.63 (a)(1) through (5) redesignated as (a)(2) through (6); new 
        (a)(1) added; new (a)(2) amended............................5727
1740.63 Regulation at 88 FR 5727 confirmed.........................33816
1740.80 (b) through (g) redesignated as (c) through (h); new (b) 
        added; new (c) amended......................................5727
1740.80 Regulation at 88 FR 5727 confirmed.........................33816


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