[Federal Register Volume 65, Number 166 (Friday, August 25, 2000)]
[Proposed Rules]
[Pages 51773-51775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21773]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 65, No. 166 / Friday, August 25, 2000 / 
Proposed Rules  

[[Page 51773]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1755

RIN 0572-AB41


Telecommunications System Construction Contract and 
Specifications

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 revising RUS Contract Form 
515, Telephone System Construction Contract, and revising and 
renumbering RUS Bulletin 345-150, Specifications and Drawings for 
Construction of Direct Buried Plant (Form 515a); RUS Bulletin 345-151, 
Specifications and Drawings for Conduit and Manhole Construction (Form 
515c); RUS Bulletin 345-152, Specifications and Drawings for 
Underground Cable Installation (Form 515d); RUS Bulletin 345-153, 
Specifications and Drawings for Construction of Pole Lines, Aerial 
Cables and Wires (Form 515f); and RUS Bulletin 345-154, Specifications 
and Drawings for Service Entrance and Station Protector Installation 
(Form 515g). The revised contract and specifications will incorporate 
the latest technology, remove redundant or outdated requirements, and 
simplify the specification format.

DATES: Written comments must be received by RUS or be postmarked no 
later than December 26, 2000.

ADDRESSES: Comments should be mailed to Gerald F. Nugent, Jr., 
Director, Telecommunications Standards Division, Rural Utilities 
Service, U.S. Department of Agriculture, 1400 Independence Ave., SW., 
Stop 1598, Washington, DC 2050-1598. 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 2870, South Building, 
U.S. Department of Agriculture, 1400 Independence Ave., 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 Ave., SW., 
Stop 1598, Washington, DC 20250-1598, telephone (202) 720-0667.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget (OMB).

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. RUS has determined that this proposed 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 section 212(e) of the 
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 
6912(e)), administrative appeal procedures, if any, must be exhausted 
before an action against the Department or its agencies may be 
initiated.

Regulatory Flexibility Act Certification

    RUS has determined that this proposed rule will not have a 
significant economic impact on a substantial number of small entities, 
as defined by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The RUS telecommunications program provides loans to borrowers at 
interest rates and on terms that are more favorable than those 
generally available from the private sector. RUS borrowers, as result 
of obtaining federal financing, receive economic benefits that exceed 
any direct economic costs associated with complying with RUS 
regulations and requirements.

Information Collection and Recordkeeping Requirements

    The form and bulletins which are Incorporated by Reference in this 
rule were previously approved under OMB control number 0572-0059. OMB 
approval of the information collection requirements under the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended) of OMB control 
number 0572-0059 have expired. RUS will publish a separate Notice in 
the Federal Register regarding the collection of information previously 
covered by OMB control number 0572-0059 and provide an opportunity for 
public comment. RUS will publish a separate Notice in the Federal 
Register upon receipt of OMB approval of the collection of information. 
No person is required to respond to the collection of information 
required by this rule until such Notice is published.

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 program under No. 10.851, Rural 
Telephone Loans and Loan Guarantees, and No. 10.852, Rural Telephone 
Bank Loans. This catalog is available on a subscription basis from the 
Superintendent of Documents, the U.S. Government Printing Office, 
Washington, DC 20402-9325. Telephone: (202) 512-1800.

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 entitled 
``Department Programs and Activities Excluded from Executive Order 
12372,'' (50 FR 47034) exempts RUS and RTB loans and loan guarantees, 
and RTB bank loans, from coverage under this Order.

[[Page 51774]]

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 requirements of sections 202 
and 205 of the Unfunded Mandates Reform Act.

Background

    An advance notice of proposed rulemaking (ANPR) was published 
September 16, 1998, in the Federal Register at 63 FR 49504. This ANPR 
summarized that RUS proposed to amend 7 CFR part 1755, 
Telecommunications Standards and Specifications for Materials, 
Equipment and Construction, by revising RUS Contract Form 515, 
Telecommunications System Construction Contract (Labor and Materials), 
to incorporate the latest technology, remove redundant and outdated 
requirements, and simplify the specification format. The comment period 
closed December 15, 1998, and no comments were received.
    RUS issues contracts, standards and specification for construction 
of telecommunications facilities financed with RUS loan funds. RUS is 
proposing to revise RUS Contract Form 515, Telephone System 
Construction Contract, and revise and renumber the associated 
supplemental specifications from RUS Bulletin 345-150 (RUS Form 515a) 
to RUS Bulletin 1753F-150 (RUS Form 515a), Specifications and Drawings 
for Construction of Direct Buried Plant; RUS Bulletins 345-151 (RUS 
Form 515c) and 345-152 (RUS Form 515d) combined into RUS Bulletin 
1753F-151 (RUS Form 515b), Specifications and Drawings for Construction 
of Underground Plant; RUS Bulletin 345-153 (RUS Form 515f) to RUS 
Bulletin 1753F-152 (RUS Form 515c) Specifications and Drawings for 
Construction of Aerial Plant; and, RUS Bulletin 345-154 (RUS Form 515g) 
to RUS Bulletin 1753F-153 (RUS Form 515d), Specifications and Drawings 
for Service Installations at Customer Access Locations. The renumbering 
efforts is to conform to the existing numbering system maintained by 
the agency.
    The current RUS Contract Form 515, Telephone System Construction 
Contract, and the associated supplemental specifications are used by 
borrowers to secure the services of a contractor for the construction 
of telecommunications facilities. Because of advancements made in 
construction installation methods and materials, the present form of 
the contract and the associated specifications have become outdated. To 
allow borrowers and contractors to take advantage of these improved 
construction installation methods and materials, the current contract 
form and associated specification will be revised.
    The documents contain revisions and changes including the ability 
of the borrower to optionally include the borrower and engineer as co-
insured under the contractor's insurance policy.

List of Subjects in 7 CFR Part 1755

    Incorporation by reference, Loan programs--communications, 
Reporting and recordkeeping requirements, 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 1755.30 is amended by revising paragraph (c)(34) to read 
as follows:


Sec. 1755.30  List of telecommunications standard contract forms.

* * * * *
    (c) List of telecommunications standard contract forms.
    (34) RUS Form 515, issued [Effective date of final rule], 
Telecommunications System Construction contract (Labor and Materials).
* * * * *
    3. Section 1755.97 is amended by revising the introductory text and 
removing the entries RUS Bulletins 345-150, 345-151, 345-152, 345-153, 
and 345-154 from the table and adding, in their place, new entries 
1753F-150, 1753F-151, 1753F-152, and 1753F-153 to read as follows:


Sec. 1755.97  Incorporation by reference of telecommunications 
standards and specifications.

    The following telecommunications bulletins are pending approval for 
incorporation by reference by the Director of the Office of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These 
bulletins contain construction standards and specifications for 
materials and equipment and may be obtained from the Rural Utilities 
Service, Program Development and Regulatory Analysis, 1400 Independence 
Ave., Stop 1522, Room 4028 South Building, Washington, DC 20250-1522. 
The bulletins are available for inspection at the Office of the Federal 
Register, 800 North Capitol Street, NW., Suite 700, Washington, DC. 
These materials will be incorporated as they exist on the date of the 
approval and a notice 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.

----------------------------------------------------------------------------------------------------------------
                                                                                          Title of standard or
     RUS Bulletin No.          Specification No.              Date last issued               specification
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
1753F-150................  Form 515a................  [Effective date of final rule].  Specifications and
                                                                                        Drawings for
                                                                                        Construction of Direct
                                                                                        Buried Plant.
1753F-151................  Form 515b................  [Effective date of final rule].  Specifications and
                                                                                        Drawings for
                                                                                        Construction of
                                                                                        Underground Plant.
1753F-152................  Form 515c................  [Effective date of final rule].  Specifications and
                                                                                        Drawings for
                                                                                        Construction of Aerial
                                                                                        Plant.
1753F-153................  Form 515d................  [Effective date of final rule].  Specifications and
                                                                                        Drawings for Service
                                                                                        Installations at
                                                                                        Customer Access
                                                                                        Locations.
----------------------------------------------------------------------------------------------------------------



[[Page 51775]]

    Date: August 17, 2000.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 00-21773 Filed 8-24-00; 8:45 am]
BILLING CODE 3410-15-P