[Federal Register Volume 63, Number 212 (Tuesday, November 3, 1998)]
[Proposed Rules]
[Pages 59248-59252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29132]


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DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1755


RUS Specification for Telecommunications Conduit

AGENCY: Rural Utilities Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Rural Utilities Service (RUS) proposes to amend its 
regulations on Telecommunications Standards and Specifications for 
Materials, Equipment, and Construction, by adding a new specification, 
RUS Specification for Telecommunications Conduit. The specification 
will provide the relevant engineering and technical requirements for 
conduit.

DATES: Comments concerning this proposed rule must be received by RUS 
or be postmarked no later than January 4, 1999.

ADDRESSES: Comments should be mailed to Orren E. Cameron, III, 
Director, Telecommunications Standards Division, Rural Utilities 
Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., 
STOP 1598, Washington, DC 20250-1598. RUS requests an original and 
three copies of all comments (7 CFR part 1700.4). All comments received 
will be made available for public inspection at room 2835, South 
Building, U.S. Department of Agriculture, 1400 Independence Avenue, SW, 
STOP 1598 Washington, DC 20250-1598 between 8 a.m. and 4 p.m. (7 CFR 
1.27(b)).

FOR FURTHER INFORMATION CONTACT: Charlie I. Harper, Jr., Chief, Outside 
Plant Branch, Telecommunications Standards Division, Rural Utilities 
Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW, 
STOP 1598, Washington, DC 20250-1598, telephone (202) 720-0667.

[[Page 59249]]

SUPPLEMENTARY INFORMATION:

    Executive Order 12866
    This proposed rule is exempt from the Office of Management and 
Budget (OMB) review for purposes of Executive Order 12866.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. RUS has determined that this rule meets the 
applicable standards provided in section 3 of the Executive Order. In 
addition, all state and local laws and regulations that are in conflict 
with this rule will be preempted, no retroactive effort will be given 
to this rule, and, in accordance with Sec. 212(c) of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(c)), appeal 
procedures must be exhausted before an action against the Department or 
its agencies may be initiated.

Regulatory Flexibility Act Certification

    The Administrator of RUS has determined that this proposed rule 
will not have a significant impact on a substantial number of small 
entities, as defined by the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). This proposed rule involves standards and specifications, which 
may increase the short-term direct costs to the RUS borrower. However, 
the long-term direct economic costs are reduced through greater 
durability and lower maintenance cost over time.

Information Collection and Recordkeeping Requirements

    The information collection and recordkeeping requirements contained 
in this proposed rule were approved by OMB pursuant to the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended) under control 
number 0572-0059. Comments concerning these requirements should be 
directed to F. Lamont Heppe, Jr., Director, Program Development and 
Regulatory Analysis, USDA, RUS, Stop 1522, Washington, DC 20250-1522.

National Environmental Policy Act Certification

    The Administrator of RUS has determined that this proposed rule 
will not significantly affect the quality of the human environment as 
defined by the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.). Therefore, this action does not require an environmental 
impact statement or assessment.

Catalog of Federal Domestic Assistance

    The program described by this proposed rule is listed in the 
Catalog of Federal Domestic Assistance programs under No. 10.851, Rural 
Telephone Loans and Loan Guarantees, and No. 10.582, Rural Telephone 
Bank Loans. This catalog is available on a subscription basis from the 
Superintendent of Documents, United States Government Printing Office, 
Washington, DC 20402.

Executive Order 12372

    This proposed rule is excluded from the scope of Executive Order 
12372, Intergovernmental Consultation, which may require consultation 
with State and local officials. A final rule related notice titled 
``Department Programs and Activities Excluded from Executive Order 
12372'' (50 FR 47034) determined that RUS and RTB loans and loan 
guarantees, were not covered by Executive Order 12372.

Unfunded Mandates

    This proposed rule contains no federal mandates (under the 
regulatory provision of Title II of the Unfunded Mandates Reform Act) 
for State, local, and tribal governments or the private sector. Thus 
this proposed rule is not subject to the Unfunded Mandates Reform Act.

Background

    Pursuant to the Rural Electrification Act of 1936, as amended, (7 
U.S.C. et seq.) (RE Act), RUS makes and guarantees loans to furnish and 
improve telecommunications in rural areas. As a condition of financing, 
borrowers are required to follow RUS standards and specifications for 
the construction of RUS financed facilities.
    The specification contains mechanical and environmental 
requirements, desired design features, and test methods for evaluation 
of conduit. The test method procedures described in the specification 
are required to demonstrate the reliability of conduit for use in 
telecommunications systems.
    Conduit is fabricated from rigid and flexible plastic, concrete, or 
fiberglass. Conduit comes in different sizes and configurations to suit 
a variety of applications. The purpose of conduit is to provide 
protection of telecommunications cable and provide ease of installation 
in restrictive areas.

List of Subjects in 7 CFR Part 1755

    Loan programs-telecommunications, Reporting and recordkeeping 
requirement, Rural areas, Telephone.

    For reasons set out in the preamble, RUS proposes to amend Chapter 
XVII of title 7 of the Code of Federal Regulations as follows:

PART 1755--TELECOMMUNICATIONS STANDARDS AND SPECIFICATIONS FOR 
MATERIALS, EQUIPMENT AND CONSTRUCTION

    1. The authority citation for part 1755 continues to read as 
follows:

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

    2. Section 1755.98 is amended by revising the section heading and 
by adding the entry 1755.920 to the table in numerical order to read as 
follows:


Sec. 1755.98  List of telephone standards and specifications included 
in this chapter.

* * * * *

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                Section                                          Issue date                                                                      Title
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                                       *                  *                  *                  *                  *                  *                  *
1755.920..............................  [Effective date of final rule]..............................  RUS Specification for Telecommunications Conduit.
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    3. Section 1755.920 is added to read as follows:


Sec. 1755.920  RUS specification for telecommunications conduit.

    (a) Scope. (1) The purpose of this specification is to inform 
manufacturers and users of conduit of the engineering and technical 
requirements that are considered necessary for satisfactory performance 
in outside plant environments. Included are the relevant mechanical and 
environmental requirements, desired design features, and test methods 
for evaluation of conduit.
    (2) The various types of conduit materials covered by this 
specification include rigid plastic, flexible plastic, multi-duct 
plastic, multi-duct concrete, and fiberglass.
    (3) All conduit sold to RUS borrowers for projects involving RUS 
loan funds under this specification must be

[[Page 59250]]

accepted by RUS Technical Standards Committee ``A'' 
(Telecommunications). For conduit manufactured to this specification, 
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 conduit designs not 
specifically addressed by this specification may be allowed if accepted 
by RUS. Justification for acceptance of modified materials, 
manufacturing techniques, or conduit designs shall be provided to 
substantiate product utility and long term stability and endurance.
    (5) American Society for Testing and Materials Specifications 
(ASTM) C 150-97, Standard Specification for Portland Cement; and ASTM F 
1173-95, Standard Specification for Thermosetting Resin Fiberglass Pipe 
and Fittings to be used for Marine Applications, referenced in this 
section are pending approval of incorporation by reference by the 
Office of the Federal Register. Copies are available from ASTM, 100 
Barr Harbor Drive, W. Conshohocken, Pennsylvania 19428-2959, telephone 
number (610) 832-9585. Copies of ASTM standards are available for 
inspection during normal business hours at RUS, room 2843, U.S. 
Department of Agriculture, 1400 Independence Avenue, SW., Washington, 
DC 20250-1598 or at the Office of the Federal Register, 800 North 
Capitol Street, NW., suite 700, Washington, DC.
    (6) National Electrical Manufacturers Association (NEMA) TC-2, 
Electrical Plastic Tubing (EPT) and Conduit (EPC-40 and EPC-80); NEMA 
TC-5, Corrugated Polyolefin Coilable Plastic Utilities Duct; NEMA TC-6, 
PVC and ABS Plastic Utilities Duct for Underground Installation; NEMA 
TC-7, Smooth-Wall Coilable Polyethylene Electrical Plastic Duct; NEMA 
TC-8, Extra-Strength PVC Plastic Utilities Duct for Underground 
Installation; and NEMA TC-10, PVC Plastic Communications Duct and 
Fittings for Underground Installation, referenced in this section are 
pending approval of incorporation by reference by the Office of the 
Federal Register. Copies are available from Global Engineering 
Documents, 15 Inverness Way East, Englewood CO 80112, telephone number 
(303) 792-2181. Copies of NEMA standards are available for inspection 
during normal business hours at RUS, room 2843, U.S. Department of 
Agriculture, 1400 Independence Avenue, SW., Washington, DC 20250-1598 
or at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
    (b) Performance criteria and test procedures for rigid plastic 
conduit. (1) Type B, Type C, and Type D round plastic conduit are 
available in 1 inch (in.) (25 millimeters (mm)), 1\1/2\ in. (38 mm), 2 
in. (51 mm), 3 in. (76 mm), 3\1/2\ in. (89 mm), and 4 in. (102 mm) 
diameters, and are normally supplied in 20 foot lengths. The three 
types are as follows:
    (i) Type B or Encased Buried (EB) is a thin-wall, round plastic 
conduit designed to always be encased in concrete;
    (ii) Type C or Direct Buried (DB) is a thick wall, round plastic 
conduit designed to be placed with or without encasement; and
    (iii) Type D is a round plastic conduit designed for exposed 
installation, as on bridges.
    (2) Plastic telecommunications duct and fittings shall be made from 
Polyvinyl-Chloride (PVC) compound or Acrylonitrile-Butadiene-Styrene 
(ABS) compound. Materials other than PVC or ABS may be used provided 
that the materials are accepted by RUS prior to their use.
    (3) The manufacturer shall specify the sizes of conduit that are to 
be considered for RUS acceptance (1 in. (25 mm), 1\1/2\ in. (38 mm), 2 
in. (51 mm), 3 in. (76 mm), 3\1/2\ in. (89 mm), and 4 in. (102 mm) 
diameters).
    (4) All plastic telecommunications duct and fittings shall be 
manufactured and tested in accordance with the specifications listed in 
Table 1. Test results shall be submitted for all sizes of conduit to be 
considered for RUS acceptance. Table 1 is as follows:

                                                                               Table 1.--Plastic Conduit Criteria
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          Type of plastic                                                Conduit sizes in. (mm)                                                       Performance specification
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PVC................................  1 (25), 1\1/2\ (38)                                                                            NEMA TC-2 or TC-8.
PVC................................  2 (51), 3 (76)                                                                                 NEMA TC-2, TC-6, or TC-8.
PVC................................  3\1/2\ (89), 4 (102)                                                                           NEMA TC-2, TC-6, TC-8, or TC-10.
ABS................................  2 (51), 3 (76), 3\1/2\ (89), 4 (102)                                                           NEMA TC-6.
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    (c) Performance criteria and test procedures for flexible plastic 
conduit. (1) Flexible plastic conduit is available in both smooth wall 
and corrugated types.
    (2) Smoothwall flexible plastic conduit and fittings shall be made 
from High-Density Polyethylene (HDPE) or Medium-density Polyethylene 
(MDPE). Corrugated flexible plastic conduit and fittings shall be made 
from HDPE or Copolymer Polypropylene. Materials other than HDPE, MDPE, 
or Copolymer Polypropylene may be used provided that the materials are 
accepted by RUS prior to their use.
    (3) The manufacturer shall specify the sizes of conduit that are to 
be considered for RUS acceptance (1 in. (25 mm), 1\1/2\ in. (38 mm), 2 
in. (51 mm), 3 in. (76 mm), 3\1/2\ in. (89 mm), and 4 in. (102 mm) 
diameters).
    (4) All flexible plastic telecommunications duct and fittings shall 
be manufactured and tested in accordance with the specifications listed 
in Table 2. Test results shall be submitted for all sizes of conduit to 
be considered for RUS acceptance. Table 2 is as follows:

                                                                           Table 2.--Flexible Plastic Conduit Criteria
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      Type of flexible conduit                                           Conduit sizes in. (mm)                                                       Performance specification
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Smooth-wall, HDPE and MDPE.........  1 (25), 1\1/2\ (38), 2 (51), 3 (76), 3\1/2\ (89), 4 (102)                                      NEMA TC-7.
Corrugated, HDPE and Copolymer       1 (25), 1\1/2\ (38), 2 (51), 3 (76), 3\1/2\ (89), 4 (102)                                      NEMA TC-5.
 Polypropylene.
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[[Page 59251]]

    (d) Performance criteria and test procedures for multi-duct plastic 
conduit. (1) Multi-duct plastic conduit usually consists 3, 4, or 6 
inner ducts contained within a larger plastic duct.
    (2) Multi-duct plastic conduit and fittings shall be made from PVC 
or HDPE. Materials other than PVC or HDPE may be used provided that the 
materials are accepted by RUS prior to their use.
    (3) The manufacturer shall specify the sizes of conduit and number 
chambers that are to be considered for RUS acceptance (3, 4, or 6 
chambers).
    (4) All multi-duct plastic conduit and fittings shall meet the 
requirements shown in Table 3. Test results showing conformance to 
these requirements shall be submitted for each size of conduit to be 
considered for RUS acceptance. Table 3 is as follows:

              Table 3.--Multi-Duct Plastic Conduit Criteria
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             Material                     Performance specification
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PVC...............................  NEMA TC-2, TC-6, TC-8, or TC-10.
HDPE..............................  NEMA TC-7.
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    (e) Performance criteria and test procedures for multi-duct 
concrete conduit. (1) Multi-duct concrete conduit is available in 4, 6, 
and 9 way configurations with bore sizes of 3\1/2\ in. (89 mm) or 4 
(102 mm) in. in diameter.
    (2) Multi-duct concrete conduit shall consist of a homogeneous 
mixture of portland cement, aggregates, and water. Portland Cement 
shall be type I, II, or III conforming to ASTM C150-97, ``Standard 
Specification for Portland Cement.''
    (3) The manufacturer shall specify the sizes of conduit that are to 
be considered for RUS acceptance (4, 6, or 9 chambers).
    (4) Physical tests.--(i) Permeability. No conduit shall be 
permeable to water in excess of 38.5 cubic in. (63.1*E+04 cubic mm) per 
hour as determined in an outside corner chamber of the multi-duct. The 
test specimens for this test shall be in units of conduit at least 36 
in. (914 mm) in nominal length which have been dried at a temperature 
of approximately 70 deg.F (21 deg.C) for a period of not less than 24 
hours. A total of 5 test specimens shall be prepared in this manner. A 
rubber duct plug or equivalent shall then be used to seal the chamber 
to be tested. Water at a temperature of approximately 70 deg.F 
(21 deg.C) shall be poured into the sealed chamber to a height of 34 
in. (864 mm) from the sealed end of the chamber. The water level shall 
not fall more than 2 in. (51 mm) in 30 minutes for each of the tested 
specimens.
    (ii) Compressive strength. Compressive strength tests shall be made 
on a total of 5 specimens of 12 in. (305 mm) in nominal length cut from 
full length units of conduit but not including any formed end. 
Specimens shall be air dried at a temperature of approximately 70 deg.F 
(21 deg.C) for a period of not less than 24 hours immediately prior to 
the test. Samples shall be tested, 6-duct resting on the wide side, as 
follows. A suitable container, having interior dimensions of not less 
than 14 in. (356 mm) in length and 14 in. (356 mm) in width, shall be 
filled to a depth of not less than 2 in. (51 mm) nor more than 4 in. 
(102 mm) with dry, tightly packed sand and placed on the lower platen 
of the testing machine. The test specimen shall be bedded on the sand 
so that its upper surface is parallel with the crosshead of the test 
machine. The upper bearing block shall consist of a rigid steel plate 
14 in. (356 mm) square and not less than \1/2\ in. (13 mm) thick and 
shall be positioned so that it overhangs the flat portion of the upper 
surface of the sample on all sides. A sheet of sponge rubber 1 in. (25 
mm) thick and 14 in. (356 mm) square, or equivalent, shall be inserted 
between the bearing block and the specimen. The load shall then be 
applied at a uniform rate such that the minimum compressive value set 
forth in Table 4 is reached in not less than 1 minute. No sample shall 
fail at a load less than that shown in Table 4. A sample shall be 
considered to have failed upon the first evidence that cracking has 
occurred. Table 4 is as follows:

                    Table 4.--Minimum Breaking Loads
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                                         Minimum breaking load (lbs)
                                   -------------------------------------
           Conduit size               3\1/2\ in. (89     4 in. (102 mm)
                                    mm) diameter duct    diameter duct
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4-Duct............................             15,000             11,250
6-Duct............................             20,000             15,000
9-Duct............................             20,000             15,000
------------------------------------------------------------------------

    (f) Performance criteria and test procedures for epoxy resin 
fiberglass conduit. (1) Epoxy Resin Fiberglass conduit is available in 
2 in. (51 mm), 3 in. (76 mm), 4 in. (102 mm), and 6 in. (152 mm) bore 
sizes.
    (2) All Epoxy Resin Fiberglass conduit and fittings shall be 
manufactured and tested in accordance with ASTM F 1173-95, ``Standard 
Specification for Thermosetting Resin Fiberglass Pipe and Fittings to 
be used for Marine Applications''. Test results shall be submitted for 
all sizes of conduit to be considered for RUS acceptance.
    (g) RUS Acceptance Procedure. (1) 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. These tests are 
intended to demonstrate the capability of the manufacturer to produce 
conduit which meets service requirements of RUS Telecommunications 
borrowers.
    (2) For initial acceptance the manufacturer shall:
    (i) Certify that the product fully complies with each paragraph of 
this specification, and submit supporting test data;
    (ii) Submit quality assurance data which is representative of 
several production lots and which demonstrate the reliability of an 
ongoing quality assurance program;
    (iii) Certify whether the product complies with the domestic origin 
manufacturing provisions of the ``Buy American'' Requirement 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 user testimonials concerning field 
performance of the product;
    (v) Submit product identification information;
    (vi) Submit one three inch production sample of each size of 
conduit to be considered for acceptance;
    (vii) Agree to provide plant inspections by RUS; and
    (viii) Provide any other nonproprietary data deemed necessary

[[Page 59252]]

by the Chief, Outside Plant Branch (Telecommunications).
    (3) Requalification of a manufacturer's product shall be required 
every 2 years after initial acceptance of that product. In order for 
RUS to consider a manufacturer's request that a product be requalified, 
the manufacturer shall certify, that the product:
    (i) Fully complies with each paragraph of this specification; 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 
addressed to: Chairman, Technical Standards Committee ``A'' 
(Telecommunications), Telecommunications Standards Division, Rural 
Utilities Service, 1400 Independence Ave, SW, STOP 1598, Washington, DC 
20250-1598.

    Dated: October 23, 1998.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 98-29132 Filed 11-2-98; 8:45 am]
BILLING CODE 3410-15-P