[Federal Register Volume 69, Number 29 (Thursday, February 12, 2004)]
[Proposed Rules]
[Pages 6926-6928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3114]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
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 

  Federal Register / Vol. 69, No. 29 / Thursday, February 12, 2004 / 
Proposed Rules  

[[Page 6926]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1728


Specifications and Drawings for 12.47/7.2 kV Line Construction

AGENCY: Rural Utilities Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Rural Utilities Service (RUS) is proposing to revise its 
regulations regarding RUS Bulletin 50-3, Specifications and Drawings 
for 12.5/7.2 kV Line Construction. This bulletin is currently 
incorporated by reference in RUS regulations and the revised and 
renumbered RUS Bulletin 1728F-804 would continue to be incorporated by 
reference. This rule is necessary to provide the latest RUS 
specifications, materials, equipment, and construction methods for RUS 
electric borrowers to construct their rural overhead electric 
distribution systems. RUS proposes to update, renumber and reformat 
this bulletin in accordance with the agency's new publications and 
directives system.

DATES: Written comments must be received by RUS or carry a postmark or 
equivalent no later than April 12, 2004.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: [email protected]. Include in the 
subject line of the message ``Specifications and Drawings for 12.47/7.2 
kV Line Construction.'' The e-mail must identify, in the text of the 
message, the name of the individual (and name of the entity if 
applicable) who is submitting the comment.
     Mail: Addressed to Richard Annan, Acting 
Director, Program Development and Regulatory Analysis, Rural Utilities 
Service, United States Department of Agriculture, 1400 Independence 
Avenue, SW., STOP 1522. Washington, DC 20250-1522.
     Hand Delivery/Courier: Addressed to Richard 
Annan, Acting Director, Program Development and Regulatory Analysis, 
Rural Utilities Service, United States Department of Agriculture, 1400 
Independence Avenue, SW., Room 5168-S, Washington, DC 20250-1522. RUS 
requires, in hard copy, a signed original and 3 copies of all written 
comments (7 CFR 1700.4). Comments will be available for public 
inspection during normal business hours (7 CFR part 1).

FOR FURTHER INFORMATION CONTACT: Mr. James L. Bohlk, Electric Engineer, 
Distribution Branch, Electric Staff Division, Rural Utilities Service, 
U.S. Department of Agriculture, 1400 Independence Avenue, SW., STOP 
1569, Washington, DC 20250-1569. Telephone: (202) 720-1967. Fax: (202) 
720-7491. e-mail: [email protected].
    Electronic (pdf) copies of this proposed rule and the proposed 
bulletin are available on the RUS Web site at http://www.usda.gov/rus/electric/regs/index.htm. Electronic and printed copies of this proposed 
rule and proposed bulletin are also available from Mr. James Bohlk, at 
the addresses listed.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule is exempted from the Office of Management and Budget 
(OMB) review for purposes of Executive Order 12866 and, therefore, has 
not been reviewed by OMB.

Executive Order 12372

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

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 effect 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 appeals procedures, if any are required, must 
be exhausted before any action against the Department or its agencies.

Regulatory Flexibility Act Certification

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this rule since the Rural Utilities Service is not 
required by 5 U.S.C. 551 et seq. or any other provision of the law to 
publish a notice of proposed rulemaking with request to the subject 
matter of this rule.

Information Collection and Recordkeeping Requirements

    This rule contains no additional information collection or 
recordkeeping requirements approval under the Paperwork Reduction Act 
of 1995 (44 U.S.C. Chapter 35).

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.

National Environmental Policy Act Certification

    The Administrator of RUS has determined that this proposed rule 
will not significantly affect the quality of 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. 10.850, Rural 
Electrification Loans and Loan Guarantees. This catalog is available on 
a subscription basis from the Superintendent of Documents, U.S. 
Government Printing Office, Washington, DC 20402-9325, telephone number 
(202) 512-1800.

Background

    Pursuant to the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901 et seq.), the Rural Utilities Service (RUS) is proposing to 
amend Title 7 CFR

[[Page 6927]]

Chapter XVII, Part 1728, Electric Standards and Specification for 
Materials and Construction, by revising RUS Bulletin 50-3 (D-804), 
``Specification and Drawings for 12.5/7.2 kV Line Construction''. This 
revised bulletin will be renumbered as RUS Bulletin 1728F-804 and will 
be re-titled as, ``Specification and Drawings for 12.47/7.2 kV Line 
Construction''. RUS maintains a system of bulletins that contains 
construction standards and specifications for materials and equipment 
which must be utilized when system facilities are constructed by RUS 
electric and telecommunication borrowers in accordance with the RUS 
loan contract. These standards and specifications contain standard 
construction units, material, and equipment units used in RUS electric 
and telecommunication borrowers' systems.
    RUS Bulletin 50-3 provides standard construction drawings and 
specification of 12.5/7.2 kV overhead electric distribution lines. RUS 
is proposing to change the bulletin number from RUS Bulletin 50-3 
(Standard D 804) to RUS Bulletin 1728F-804 (D 804). The change in the 
bulletin number and reformatting is necessary to conform to RUS new 
publications and directives system. This proposed rule will incorporate 
the bulletin by reference in 7 CFR 1728.97.

Proposed Changes to RUS Bulletin 50-3 (D 804)

    RUS proposes to make the following changes and additions to current 
Bulletin 50-3 (D-804). It is proposed that it will be replaced with new 
Bulletin 1728F-804 in these respects:
    (1) The new bulletin would contain a total of 303 assemblies. (An 
assembly is a construction unit which incorporates the description and 
quantity of material needed to construct the assembly and a dimensioned 
schematic diagram showing how the material needs to be arranged or 
assembled to meet RUS specifications.) Bulletin 50-3 currently contains 
a total of 255 assemblies. In both bulletins, more than one similar 
assembly is often depicted on one drawing.
    (2) Of the 303 total assemblies in the proposed new bulletin, 146 
would be new assemblies and 92 of these new assemblies would be new 
``narrow profile'' assemblies. These 146 new assemblies and 24 new 
guide drawings would be tabulated in Exhibit 4 in the proposed new 
Bulletin 1728F-804.
    (3) Of the 303 total assemblies in the proposed new bulletin, 91 
would be previous standard assemblies with no material changes, 38 
would be previous standard assemblies with only a change in the number 
or type of washers, and 28 would be previous standard assemblies with 
other slight material changes.
    (4) The proposed new bulletin would also contain a total of 46 
guide drawings. Present Bulletin 50-3 contains a total of 24 guide 
drawings. (A guide drawing is a dimensioned schematic diagram that 
shows details of how the material of one or more assemblies needs to be 
arranged or assembled to meet RUS specifications but does not list the 
material required for construction.)
    (5) Each of the proposed 303 assemblies and 46 guide drawings in 
the proposed new bulletin would be given a new number in accordance 
with the assembly numbering format as updated by RUS in 1998. In the 
updated numbering format, each character in the assembly or drawing 
number has a functional meaning.
    (6) The 157 standard assemblies and 8 guide drawings of present 
Bulletin 50-3, which would be redrawn, renumbered, and certain ones re-
used in proposed new Bulletin 1728F-804 and identified in Exhibit 3. 
The new Bulletin 1728F-804 would label the new revised assemblies with 
new numbers and would also show in parentheses the prior numbers as 
presently labeled in Bulletin 50-3. RUS would allow the borrowers to 
use either assembly number only for these 165 standard assemblies and 
guide drawings. The borrower would be required to use the assemblies as 
depicted.
    (7) The proposed new bulletin would be reformatted into 19 separate 
sections or categories. Each section would contain an index of drawings 
and also the construction drawings of assemblies designed to perform a 
similar function. Several sections would contain construction 
specifications pertaining to the assemblies in that section.
    (8) New tables would be added in the proposed new bulletin that 
define maximum line angles, permitted unbalanced conductor tensions, 
and soil classification data.
    (9) Exhibit 1 would be added at the end of the proposed new 
bulletin to document the formula and data used to determine the line 
angles in the tables. Also, Exhibit 2 would be added at the end of the 
proposed new bulletin to document the formula and data used to 
determine permitted unbalanced conductor tensions.
    (10) Each proposed drawing would be given a new, uniform, shorter, 
and more descriptive title. Each proposed drawing would have a new, 
uniform title block that would contain, when applicable, the primary 
voltage and number of phases of the depicted assemblies.
    (11) ``Design parameters'' which define and usually limit maximum 
line angles or mechanical loading (tension) would be added, when 
applicable, to the drawings of the proposed new bulletin.
    RUS proposes to discontinue 98 assemblies and 16 guide drawings 
presently contained in Bulletin 50-3 for one or more of the following 
reasons:
     They contain material no longer accepted by RUS 
for use by RUS borrowers,
     The spacing or strength of the material and 
equipment no longer meets the minimum requirements of RUS or the 
National Electrical Safety Code (NESC),
     They contain technical errors such as a neutral 
conductor support that is not coordinated with the primary conductor 
support,
     They are redundant of other assemblies or for 
other reasons may no longer be needed, or
     They require so many modifications that they 
need to be discontinued and subsequently replaced with new assemblies.
    The proposed disposition of the 279 assemblies and guide drawings 
are tabulated in Exhibit 3 in the proposed new bulletin.
    RUS also proposes to modify and add to the construction 
specifications in Bulletin 50-3 and to incorporate these changes and 
additions in proposed new Bulletin 1728F-804. The proposed significant 
new modifications and additions include the following:
    (1) Compliance and specific references to the NESC,
    (2) Definitions of and provisions to use large and extra large 
conductors,
    (3) Permission to lower neutral conductor under specific 
circumstances,
    (4) Requirement to use washers under shoulder of crossarm pins,
    (5) Requirement to use 3-inch (minimum) square, curved, washer for 
primary, neutral and guys deadending on poles,
    (6) Requirement to multiply applied loads by appropriate NESC 
overload factors,
    (7) Minimum insulated spacing (wood and fiberglass) between primary 
conductors and guys,
    (8) Choice of arrester location on transformer assemblies,
    (9) Requirement that all secondary and service wires be covered 
conductors,
    (10) Permission to use stirrups provided certain given criteria are 
met, and
    (11) New rights-of-ways clearing specifications.

[[Page 6928]]

List of Subjects in 7 CFR Part 1728

    Electric power, Incorporation by reference, Loan programs-energy, 
Rural areas.
    For reasons set out in the preamble, chapter XVII of title 7 of the 
Code of Federal Regulations, is proposed to be amended as follows:

PART 1728--ELECTRIC STANDARDS AND SPECIFICATIONS FOR MATERIALS AND 
CONSTRUCTION

    1. The authority citation for part 1728 continues to read as 
follows:

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

    2. Section 1728.97 is amended by revising:
    A. The second sentence in paragraph (a), and
    B. Revising paragraph (b) by removing the entries for Bulletin 50-3 
and Bulletin 50-6; and adding to the list of bulletins, in numerical 
order, the entry for Bulletin 1728F-804.
    These revisions are to read as follows:


Sec. 1728.97  Incorporation by reference of electric standards and 
specifications.

    (a) * * * The bulletins containing construction standards (50-4 and 
1728F-803 to 1728F-811), may be purchased from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, DC 20402. * * *
* * * * *
    (b) List of Bulletins.
* * * * *
    Bulletin 1728F-804 (D-804), Specification and Drawings for 12.47/
7.2 kV Line Construction ([Month and year of effective date of final 
rule]).
* * * * *

    Dated: January 30, 2004.
Hilda Gay Legg,
Administrator, Rural Utilities Service.
[FR Doc. 04-3114 Filed 2-11-04; 8:45 am]
BILLING CODE 3410-15-P