[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Proposed Rules]
[Pages 56513-56528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21798]


 ========================================================================
 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.
 
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 

  Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / 
Proposed Rules  

[[Page 56513]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Parts 1728 and 1755


Standards and Specifications for Timber Products Acceptable for 
Use by Rural Development Utilities Programs' Electric and 
Telecommunications Borrowers

AGENCY: Rural Utilities Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: The Rural Utilities Service, an agency delivering the United 
States Department of Agriculture's (USDA) Rural Development Utilities 
Programs, hereinafter referred to as USDA Rural Development or Agency, 
proposes to revise its regulations on Electric and Telecommunications 
Standards and Specifications for Materials, Equipment and Construction, 
by codifying specifications for wood poles, stubs and anchor logs, wood 
crossarms (solid and laminated), transmission timbers and pole keys, 
and for quality control and inspection of timber products. The Agency 
is proposing to update these specifications to conform with revisions 
in the industry and to follow Agency policy on insurance requirements.

DATES: Written comments must be received by the agency or bear a 
postmark or equivalent no later than November 28, 2008.

ADDRESSES: Submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the lower ``Search Regulations and Federal 
Actions'' box, select ``Rural Utilities Service'' from the agency drop-
down menu, then click on ``Submit.'' In the Docket ID column, select 
RUS-07-Electric-0010 to submit or view public comments and to view 
supporting and related materials available electronically. Information 
on using Regulations.gov, including instructions for accessing 
documents, submitting comments, and viewing the docket after the close 
of the comment period, is available through the site's ``User Tips'' 
link.
     Postal Mail/Commercial Delivery: Please send your comment 
addressed to Michele Brooks, Director, Program Development and 
Regulatory Analysis, USDA Rural Development, 1400 Independence Avenue, 
STOP 1522, Room 5818-S, Washington, DC 20250-1522. Please state that 
your comment refers to Docket No. RUS-07-Electric-0010.
    Other Information: Additional information about USDA Rural 
Development and its programs is available on the Internet at http://www.rurdev.usda.gov/index.html.
    Submit written comments to Michele L. Brooks, Director, Program 
Development and Regulatory Analysis, USDA Rural Development, 1400 
Independence Ave., SW., Stop 1522, Room 5818-S South Building, 
Washington, DC 20250-1522.
    An original and three copies of all comments (7 CFR 1700.4) are 
required. All comments received will be made available for inspection 
at room 1246-S, during regular business hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: Mr. H. Robert Lash, Transmission 
Branch. Electric Staff Division, USDA Rural Development, Room 1246 
S.T.O.P 1569, 1400 Independence Ave., SW., Washington, DC 20250-1569, 
or telephone (202) 720-0486.

SUPPLEMENTARY INFORMATION: 

Executive Order 12866

    This proposed 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 12988

    This proposed rule has been reviewed in accordance with Executive 
Order 12988, Civil Justice Reform. The Agency 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 appeal procedures, if any are 
required, must be exhausted before an action against the Department or 
its agencies.

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. See the final rule related notice 
entitled ``Department Programs and Activities Excluded from Executive 
Order 12372,'' (50 FR 47034) advising that agency loans, loan 
guarantees, and RTB bank loans were not covered by Executive Order 
12372.

Regulatory Flexibility Act Certification

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this proposed rule since the USDA Rural Development 
Programs is not required by 5 U.S.C. 601 et seq.) or any other 
provision of law to publish a notice of proposed rulemaking with 
respect to the subject matter of this proposed rule.

Paperwork Reduction Act and E-Government Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35, as amended), USDA Rural Development invites comments on 
this information collection for which approval from the Office of 
Management and Budget (OMB) will be requested.
    Comments on this proposal must be received by November 28, 2008.
    Comments are invited on (a) whether the collection of information 
is necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility; (b) the 
accuracy of the agency's estimate of burden including the validity of 
the methodology and assumption used; (c) ways to enhance the quality, 
utility and clarity of the information to be collected; and (d) ways to 
minimize the burden of the collection of information on those who are 
to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques on 
other forms of information technology.
    Comments may be sent to Michele L. Brooks, Director, Program 
Development and Regulatory Analysis, USDA Rural Development, 1400 
Independence Ave., SW., Stop 1522, Room 5818-S South Building, 
Washington, DC 20250-1522.
    Title: 7 CFR Parts 1728 and 1755.

[[Page 56514]]

    OMB Control Number: 0572-0076.
    Type of Request: Revision of a currently approved information 
collection package.
    Abstract: The Agency has a tremendous amount of interest in loan 
security and protection of the Government's interest over the long term 
life of a loan, which is generally secured by a first mortgage security 
instrument and amortized over a period of up to 35 years. Therefore, 
the Agency necessarily has a strong interest in the business, 
financial, and operating aspects of its borrowers.
    The Agency proposes to revise its regulations on Electric and 
Telecommunications Standards and Specifications for Materials, 
Equipment and Construction, by codifying specifications for wood poles, 
stubs and anchor logs, wood crossarms (solid and laminated), 
transmission timbers and pole keys, and for quality control and 
inspection of timber products. The Agency is proposing to update these 
specifications to conform with revisions in the industry and to follow 
Agency policy on insurance requirements.
    Respondents: Businesses and Not-for-profit institutions.
    Estimated Number of Respondents: 25.
    Estimated Number of Responses per Respondent: 1,600.
    Estimated Total Annual Burden on Respondents: 40,000.
    This estimated total annual burden is a decrease of 363 due to the 
changes in the requirement that borrowers submit an annual summary 
report and reserve stock notices on timber specifications.
    Copies of this information collection can be obtained from MaryPat 
Daskal, Program Development and Regulatory Analysis, at (202) 720-7853.
    All responses to this information collection and recordkeeping 
notice will be summarized and included in the request for OMB approval. 
All comments will also become a matter of public record. USDA Rural 
Development is committed to the E-Government Act, which requires 
Government agencies in general to provide the public the option of 
submitting information or transacting business electronically to the 
maximum extent possible.
    Send questions or comments regarding this burden or any other 
aspect of these collections of information, including suggestions for 
reducing the burden to Director, Program Development and Regulatory 
Analysis, USDA Rural Development Programs, 1400 Independence Ave., SW., 
Room 5818-S Bldg., STOP 1522, Washington, DC 20250-1522.

National Environmental Policy Act Certification

    The Administrator of the Agency 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. 10.850, Rural 
Electrification Loans and Loan Guarantees, 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 United States Government Printing 
Office, Washington, DC 20402-9325, telephone number (202) 512-1800.

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. This 
rule is not subject to the requirements of section 202 and 205 of the 
Unfunded Mandates Reform Act.

Background

    The Agency maintains bulletins that contain construction standards 
and specifications for materials and equipment. These standards and 
specifications apply to systems constructed by electric and 
telecommunications borrowers in accordance with the loan contract, and 
contain standard construction units, materials, and equipment units 
used on electric and telecommunications borrowers' systems. Bulletins 
1728F-700, ``Specification for Wood Poles, Stubs and Anchor Logs''; 
1728H-701, ``Specification for Wood Crossarms (Solid and Laminated), 
Transmission Timbers and Pole Keys''; and 1728H-702, ``Specification 
for Quality Control and Inspection of Timber Products'', establish 
standards for the manufacture and inspection of wood utility poles, 
crossarms and poles keys.
    The summary of the proposed major changes to these three bulletins 
are as follows:
    1. All references cited in these bulletins would be updated to the 
latest edition.
    2. The definition ``pole broker'' would be added to the list of 
definitions to include as many organizations as possible to provide 
borrowers a source from which they might purchase wood products.
    3. Proposing to allow borrowers six months to notify treating 
plants about poles not meeting the required preservative retention.
    4. In accordance with Agency policy on insurance requirements for 
contractors working for borrowers, the specification would be revised 
to require manufacturers and inspection agencies to maintain certain 
limits of liability and errors and omission insurance.
    5. All poles would be required to be sterilized during the 
conditioning or treating cycle. This sterilization should reduce the 
number of poles with pre-treatment decay.
    6. The independent inspection agency's identification on the face 
of the pole would be branded.
    7. The Agency would revise the qualifications for inspectors and 
quality control personnel and would return to prior qualifications of 
the specifications.
    8. Provisions would be added to further clarify that wood products, 
producers and inspection agencies maintain the greatest degree of 
separation and eliminate any appearance of conflict of interest.

List of Subjects

7 CFR Part 1728

    Electric power, Loan programs--energy, Reporting and recordkeeping 
requirements, Rural areas.

7 CFR Part 1755

    Loan programs--communications, Reporting and recordkeeping 
requirements, Rural areas, Telephone.

    For reasons set forth in the preamble, the Agency proposes to amend 
7 CFR chapter XVII 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.; 1921 et seq., 6941 et seq.

    2. Section 1728.97(b) is amended by revising the revision date of 
Bulletin1728F-700.


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

    (b) List of Bulletins.
* * * * *
    Bulletin 1728F-700, Specification for Wood Poles, Stubs and Anchor 
Logs [INSERT DATE OF PUBLICATION OF

[[Page 56515]]

THE FINAL RULE IN THE FEDERAL REGISTER]
* * * * *
    3. Section 1728.201 is revised to read as follows:


Sec.  1728.201  Bulletin 1728H-701, Specification for Wood Crossarms 
(Solid and Laminated), Transmission Timbers and Pole Keys.

    (a) General Provisions. (1) This section implements contractual 
provisions between the Agency and borrowers receiving financial 
assistance. The contractual agreement between the Agency and its 
borrowers requires the borrower's system to be constructed in 
accordance with Agency accepted plans and specifications. Each electric 
borrower must purchase only wood crossarms produced in accordance with 
the specification in this section.
    (2) Each electric borrower shall require each contractor to agree 
in writing to furnish only materials produced in accordance with the 
specification in this section.
    (3) This specification describes the minimum acceptable quality of 
wood distribution crossarms and transmission crossarms (hereinafter 
called crossarms) that are purchased by or for borrowers. Where there 
is conflict between this specification and any other specification 
referred to in this section, this specification shall govern.
    (4) Various requirements relating to quality control and inspection 
are contained in Sec.  1728.202 of this part, Specification for Quality 
Control and Inspection of Timber Products. Section 1728.201 of this 
part and the American National Standards Institute (ANSI) O5.2, 1996, 
(R2001) American National Standard for Wood Products--Structural Glued 
Laminated Timber for Utility Structures, ANSI O5.3, 2002, American 
National Standard for wood products Solid Sawn--Wood Crossarms and 
Braces--Specification and Dimensions shall be followed exactly and 
shall not be interpreted or subjected to judgment by the quality 
control person or an independent inspector.
    (5) The purchaser shall purchase from producers only material that 
meets the requirements of this specification. Each purchaser shall use 
a written purchase order to purchase material for use in financed 
systems in order to ensure compliance with the standards and 
specifications of this part. The written purchase order shall contain a 
provision that specifically requires the producer to comply with the 
provisions of this part. The purchase order shall contain a provision 
that specifically requires the producer to make the treating plant and 
storage areas available, during normal business hours, in order for 
representatives of either the purchaser or this agency to inspect such 
to determine compliance with the standards and specifications of this 
part.
    (6) The producer shall provide the inspectors with full information 
(drawings, etc.) relating to the requirements contained in the purchase 
order which is supplementary to this specification.
    (7) The producer shall maintain, or have access to, adequate 
laboratory facilities at or near the treating plant, and all chemical 
tests, assays or analyses associated with the treatment shall be 
independently performed in the laboratory by both the quality control 
designee and the borrower's inspector. The producer may use a central 
laboratory as accepted on a case-by-case basis.
    (8) Inspection and treatment of all timber products produced under 
this specification shall be performed after receipt of the order from 
the purchaser, except as provided for reserve treated stock.
    (9) The testing and inspection of the lamination process shall be 
in accordance with American Institute of Timber Construction (AITC) 
200-2004, Inspection Manual.
    (10) With the exception of reserve treated stock, all invoices for 
treated timber products shall be accompanied, in duplicate, by a copy 
of the producer's Certificate of Compliance and a copy of either the 
Independent Inspection Report or a Quality Assurance Plan Certificate. 
The certificate shall be presented to the purchaser with the invoice. 
For reserve treated stock, inspection reports shall be available from 
the inspection agency. When shipped from reserve stock, the invoice 
shall bear an endorsement and a further certification by the producer 
that the material meets the requirements of this specification and any 
supplementary requirements cited in the purchase order under which it 
is purchased.
    (11) Crossarms shall be warranted to conform to this specification. 
If any crossarm is determined to be defective or does not conform to 
this specification within 1 year after delivery to the borrower, it 
shall be replaced as promptly as possible by the producer. In the event 
of failure to do so, the purchaser may make such replacement and the 
cost of the crossarm, at destination, shall be recoverable from the 
producer.
    (12) Crossarm producers shall take out and maintain liability 
insurance and a bond or miscellaneous errors and omissions insurance 
for not less than $1 million and $500,000, respectively. Upon request, 
evidence of compliance shall be provided. The evidence shall be in the 
form of a certificate of insurance signed by a representative of the 
insurance company and include a provision that no changes in, or 
cancellation of, will be made without the prior written notice to the 
Director, Electric Staff Division, USDA Rural Development.
    (b) Definitions.
    Agency refers to Rural Utilities Service.
    Arm is the structural wood member used to support electrical 
conductors and equipment. Arm is used interchangeably with crossarm.
    Certificate of compliance is a certification by an authorized 
employee of the producer that the material shipped meets the 
requirements of this specification and any supplementary requirements 
specified in a purchase order from a borrower or the borrower's 
contractor.
    Crossarm is a structural wood member used to support electrical 
conductors and equipment and is a term used interchangeably with arm.
    Independent inspection is the examination of material by an 
independent inspector employed by a commercial inspection agency.
    Inspection is the examination of material in sufficient detail to 
ensure conformity to all phases of the specification under which it was 
purchased.
    Lot is a quantity of crossarms of like size, conditioning, and 
fabrication, usually making up one treating charge.
    Producer is used to describe the party who manufactures and/or 
treats crossarms.
    Purchaser is the borrower or contractors acting as the borrower's 
agent, except where a part of the specification specifically refers 
only to the borrower or the contractor.
    Quality control designee is an individual designated by the 
producer to oversee proper operation of the manufacturer's internal 
quality control system.
    Reserve treated stock are timber products treated in accordance 
with this specification, prior to and in anticipation of the receipt of 
specific orders, and held in storage ready for immediate shipment.
    Supplier is the producer, or in some cases, the distributor selling 
crossarms to the borrower.
    Treating plant is the organization that applies the preservative 
treatment to the crossarms.
    (c) Related specifications and standards incorporated by reference. 
The following specifications and

[[Page 56516]]

standards are pending approval of incorporation by reference by the 
Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. Copies of each reference are available for inspection 
during normal business hours, room 1246-S, U.S. Department of 
Agriculture, Washington, DC or, at the Office of the Federal Register, 
800 North Capitol Street, NW., suite 700, Washington, DC. Copies of 
these standards and specifications may be purchased from the addresses 
shown below.
    (1) West Coast Lumber Inspection Bureau, Standard No. 17, Grading 
Rules for West Coast Lumber, January 1, 2004, available from West Coast 
Lumber Inspection Bureau, P.O. Box 23145, Portland, Oregon 97281, 
telephone (503) 639-0651, Fax (503) 684-8928. The Web address for West 
Coast Lumber Inspection Bureau is http://www.wclib.org/.
    (2) The following Southern Pine Inspection Bureau Standards, 
available from Southern Pine Inspection Bureau, 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/.
    (i) Standard Grading Rules for Southern Pine Lumber, available from 
Southern Pine Inspection Bureau, 4709 Scenic Highway, Pensacola, 
Florida 32504, telephone (850) 434-2611.
    (ii) Special Product Rules for Structural, Industrial, and 
Railroad-Freight Car Lumber.
    (3) American Wood-Protection Association (AWPA), Book of Standards, 
2007 edition, available from AWPA, P.O. Box 361784, Birmingham, AL 
35236-1784, telephone 205 733-4077, http://www.awpa.com/, include the 
following standards:
    (i) A1-98, Standard Methods for Analysis of Creosote and Oil-Type 
Preservatives.
    (ii) A2-07, Standard Methods for Analysis of Waterborne 
Preservatives and Fire-Retardant Formulations.
    (iii) A3-05, Standard Methods for Determining Penetration of 
Preservatives and Fire Retardants.
    (iv) A5-05, Standard Methods for Analysis of Oil-Borne 
Preservatives.
    (v) A6-01, Method for the Determination of Oil-Type Preservatives 
and Water in Wood.
    (vi) A7-04, Standard Wet Washing Procedure for Preparing Wood for 
Chemical Analysis.
    (vii) A9-01, Standard Method for Analysis of Treated Wood and 
Treating Solutions by X-Ray Spectroscopy.
    (viii) A11-93, Standard Method for Analysis of Treated Wood and 
Treating Solutions by Atomic Absorption Spectroscopy.
    (ix) U1-07, Use Category System: User Specification for Treated 
Wood.
    (x) T1-07, Use Category System: Processing and Treatment Standard.
    (xi) M1-07, Standard for the Purchase of Treated Wood Products.
    (xii) M2-07, Standard for Inspection of Treated Timber Products.
    (xiii) M3-05, Standard Quality Control Procedures for Wood 
Preserving Plants.
    (xiv) M4-06, Standard for the Care of Preservative-Treated Wood 
Products.
    (xv) P1/P13-06, Standards for Creosote Preservatives.
    (xvi) P5-07, Standards for Waterborne Preservatives.
    (xvii) P8-06, Standards for Oil-Borne Preservatives, and
    (xviii) P9-06, Standards for Solvents and Formulations for Organic 
Preservative Systems.
    (4) American Institute of Timber Construction (AITC) 200-2004, 
Inspection Manual, 2004 edition, available from AITC, 7012 S. Revere 
Park Way, Englewood, Colorado 80112, telephone (303) 792-9559, Web 
address: https://www.aitc-glulam.org/index.asp.
    (5) American National Standards Institute (ANSI) O5.2-1996 (R2001), 
American National Standard for Wood Products--Structural Glued 
Laminated Timber for Utility Structures, available from ANSI, 25 West 
43rd Street, New York, New York 10036, telephone (212) 642-4900, Web 
address: http://www.ansi.org/.
    (6) American Society for Testing and Materials (ASTM) D9-05, 
Standard Terminology Relating to Wood, available from ASTM, 100 Barr 
Harbor Dr. West, PO Box C700, Conshohocken, PA 19428-2959, telephone 
number (610) 832-9585, Web address: http://www.astm.org.
    (d) Independent Inspection Plan. This plan or a Quality Assurance 
Plan, as described in paragraph (e) of this section, is acceptable for 
supplying crossarms. All crossarms purchased under the Independent 
Inspection Plan, for use on an Agency financed system shall be 
inspected by a qualified independent inspector in accordance with Sec.  
1728.202 of this part.
    (1) The borrower has the prerogative to contract directly with the 
inspection agency for service. The borrower should, where practical, 
select the inspection agency so that continual employment is dependent 
only on performance acceptable to the borrower and in accordance with 
this specification. The selected inspection agency shall not be allowed 
to subcontract the service to any other inspection agency.
    (2) The producer shall not be permitted to be a party to the 
selection of the inspection agency by the borrower and shall not 
interfere with the work of the inspector, except to provide 
notification of the readiness of material for inspection. To obtain 
inspection services for reserve stock, the producer may deal directly 
with the inspection agency. Under the Independent Inspection Plan, the 
producer shall not be permitted to treat material before it has been 
properly inspected in the white, as evidenced by the inspector's hammer 
mark.
    (3) The methods of inspection described in this section and in 
Sec.  1728.202 of this part shall be used no matter which plan 
crossarms are produced under, i.e., Independent Inspection Plan, or 
Quality Assurance Plans, as described in this section.
    (e) Quality Assurance Plans. The producer shall furnish crossarms 
conforming to this specification as monitored by an acceptable Quality 
Assurance Plan. Borrower groups or agents for borrower groups 
endeavoring to operate Quality Assurance Plans shall submit their plan 
for assuring quality control to the Chairman, Technical Standards 
Committee ``A'', Electric Staff Division, USDA Rural Development, Stop 
1569, Washington, DC 20250-1569.
    (f) Material requirements--(1) Material and grade. All crossarms 
furnished under this specification shall be free of brashy wood, decay, 
and insect holes larger than \3/32\ of an inch and shall meet 
additional requirements as shown on specific drawings. Crossarms shall 
be made of one of the following:
    (i) Douglas-fir which conforms to the applicable crossarm 
provisions of paragraphs 170 and 170a, or the applicable transmission 
arm provisions of paragraphs 169 and 169a of the 2004 Standard Grading 
Rules for West Coast Lumber No. 17. Only coastal origin Douglas-fir 
shall be used for Douglas-fir crossarms manufactured under this 
specification;
    (ii) Southern Yellow Pine which conforms to the provisions of Dense 
Industrial Crossarm 65, as described in paragraph 31.2 in Southern Pine 
Inspection Bureau 1991 Special Product Rules for Southern Pine; or
    (iii) Laminated wood crossarms shall conform to ANSI O5.2, and have 
at least the same load carrying capacity as the solid sawn arm it 
replaces. The load carrying capacity of the laminated arms shall be 
determined by one of the procedures outlined in ANSI O5.2.

[[Page 56517]]

    (2) Borrowers may use alternative crossarms that are listed in 
Informational Publication 202-1, List of Materials Acceptable for Use 
on Systems of the Agency Electrification Borrowers.
    (3) Knots. Sound, firm, and tight knots, if well spaced, are 
allowed.
    (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 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 I and II, as follows:
BILLING CODE 3410-P

[[Page 56518]]

[GRAPHIC] [TIFF OMITTED] TP29SE08.056

BILLING CODE 3410-C
    (iii) Knot clusters shall be prohibited unless the entire cluster, 
measured on the worst face, is equal to or less than

[[Page 56519]]

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 and knot holes shall be such that they can drain 
water 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. Loose knots shall be prohibited in 
deadend arms.
    (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 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) Knot spacing. 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) Knots which have a maximum of \5/8\ inch diameter may intersect 
pin holes in the center section. One inch diameter knots may intersect 
insulator pin holes elsewhere.
    (4) Miscellaneous characteristics, features, and requirements. (i) 
The top face of distribution crossarms 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 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.
    (ii) Shakes shall be prohibited.
    (iii) Checks. 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.
    (iv) 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.
    (v) 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.
    (vi) 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.
    (vii) Prior to preservative treatment, and after 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.
    (g) Manufacture. (1) All dimensions and tolerances shall conform to 
those shown on the drawings in this section or drawings supplied with 
the purchase order. Drawings supplied shall meet or exceed minimum 
dimensions and tolerances 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.
    (2) Lamination techniques shall comply with ANSI O5.2-1996.
    (3) 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.
    (4) 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.
    (5) Incising. The lengthwise surfaces of Douglas-fir crossarms 
shall be incised approximately \1/4\ of an inch deep. The incision 
shall be reasonably clean cut with a spacing pattern that ensures 
uniform penetration of preservative.
    (6) Quality of Work. All crossarms shall be of the highest quality 
production. Crossarms shall be dressed on four sides, although ``hit 
and miss skips'' may occur on two adjacent faces on occasional pieces.
    (h) Conditioning prior to treatment. (1) All solid sawn crossarms 
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. Southern Yellow Pine arms shall have 
an average moisture content of 22 percent or less, with a maximum not 
to exceed 30 percent.
    (2) Moisture content levels shall be measured at about \1/4\ the 
length and at a depth of about \1/5\ the crossarm'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 crossarms per treating 
charge shall be measured to verify moisture content and shall be duly 
recorded by the quality control designee.
    (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.
    (i) Preservatives. (1) The preservatives shall be:
    (i) Creosote which conforms to the requirements of AWPA Standard P1 
when analyzed in accordance with the methods in AWPA Standard A1, 
sections 2, 3, 4, either 5 or 9, and 6;
    (ii) Pentachlorophenol which contains not less than 95 percent 
chlorinated phenols and conforms to AWPA Standard P8 when analyzed in 
accordance with AWPA Standard A5 or A9. The hydrocarbon solvents for 
introducing the preservative into the wood shall meet the requirements 
of AWPA Standard P9 Type A;
    (iii) Waterborne Preservatives, shall be any of the following:
    (A) Ammoniacal Copper Arsenates (ACA) and Ammoniacal Copper Zinc 
Arsenate (ACZA) which shall meet the requirements of AWPA Standard P5, 
when analyzed in accordance with methods in AWPA Standards A2, A9, or 
A11; and
    (B) Chromated Copper Arsenates (CCA) which shall meet the 
requirements of one of the formulations

[[Page 56520]]

given in AWPA Standard P5, sections 4, 5 or 6, and 10. Tests to 
establish conformity shall be made in accordance with AWPA Standards 
A2, A9, or A11.
    (1) The pH of treating solutions of the waterborne preservatives 
shown in AWPA Standard P5, section 10, shall be determined in 
accordance with AWPA Standard A2, section 8.
    (2) Waterborne preservatives are available either as oxides, which 
form non-ionizing chemical compounds in the wood, or as salts, which 
leave ionizing compounds as well as non-ionizing compounds in the wood. 
Unless otherwise specified in the purchase order, the oxide 
formulations of waterborne preservatives shall be supplied.
    (3) Douglas-fir crossarms shall not be treated with CCA 
preservatives.
    (4) Materials treated with waterborne preservatives shall be free 
of visible surface deposits.
    (iv) Copper Naphthenate (CuN) concentrate used to prepare wood 
preserving solutions shall contain not less than 6 percent nor more 
than 8 percent copper in the form of CuN and shall conform to AWPA 
Standard P8 when analyzed in accordance with AWPA Standard A5. The 
hydrocarbon solvents for introducing the preservative into the wood 
shall meet the requirements of AWPA Standard P9 Type A.
    (2) [Reserved]
    (j) Preservative treatment. (1) All timber products treated under 
this specification shall be treated by either a pressure or a thermal 
(non-pressure) process.
    (2) These materials may be further conditioned by steaming, or by 
heating in hot oil (Douglas-fir), within the following limits:

------------------------------------------------------------------------
                                      Time hours
                                        (max.)          Temperature
------------------------------------------------------------------------
Steam..............................             3  220[deg] F
Heating in Preservation............             3  210[deg] F
------------------------------------------------------------------------

    (3) A final steam or hot oil bath may be used only to meet 
cleanliness requirements of paragraph (k) of this section. Total 
duration of the final steam bath shall not exceed 2 hours and the 
temperature shall not exceed 240 degrees Fahrenheit.
    (k) Results of treatments. (1) The quality control designee 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 not less than 20 crossarms 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 preservative-
treated plugs driven into the arm. Borings from laminated arms shall 
not be taken from the same laminate unless there is an end joint 
separation.
    (3) As determined in accordance with AWPA A3, all sapwood present 
in Douglas-fir or Southern Yellow Pine crossarms shall be completely 
penetrated with preservative. In the heartwood of Douglas-fir 
crossarms, the penetration 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) Retention of preservative in the outer \6/10\ of an inch for 
Douglas-fir and one inch for Southern Yellow Pine assay zones at the 
treating plant shall be not less than:

----------------------------------------------------------------------------------------------------------------
                                                  Retention
                 Preservation                       (pcf)                     AWPA analysis method
----------------------------------------------------------------------------------------------------------------
Creosote.....................................               8  A6
Pentachlorophenol............................            *0.4  A5
ACA, ACZA, or CCA............................             0.4  A2, A7, A9, or A11
Copper Naphthenate...........................            0.04  A5, A9, or A11
----------------------------------------------------------------------------------------------------------------
* The pentachlorophenol retention is for the lime ignition method. The copper pyridine method, retention 0.36
  pcf is required when timbers may have been in contact with salt water, and for all species native to the
  Pacific coast region. It is not required when it specifically states on the rough sawn material invoice that
  this material has not been in contact with salt water or is shown by analysis to have no additional chlorides
  present in the wood before treating.

    (5) Cleanliness of lengthwise surfaces of all crossarms shall be 
free from tarry, greasy, or sticky material, and from oil exudation and 
pentachlorophenol crystallization (blooming).
    (6) Re-treatment of materials which do not meet the penetration and 
retention requirements of this specification may be done only twice. 
Initial treatment steaming time plus re-treatment steaming time, 
combined, shall not exceed time allowed in paragraph (i) of this 
section.
    (l) Marks and brands. (1) All crossarms shall be legibly branded 
(hot brand) or die-stamped and to a depth of approximately \1/16\ of an 
inch before treatment.
    (2) The letters and figures shall be not less than \1/2\ of an inch 
in height. The top of the brand shall be oriented to the top of the 
arm.
    (3) The brand or die-stamp shall include:
    (i) The manufacturer's identification symbol;
    (ii) Month and year of manufacture;
    (iii) Species of timber such as DF for Douglas-fir and SP for 
Southern Yellow Pine; and
    (iv) The preservative notated with a C for creosote, P for penta, S 
for waterbornes, or N for Copper Naphthenate.
    (4) An example is:

M-6-06 Manufacturer--Month--Year
DF-P Douglas-fir--penta treated

    (5) The brand or stamp shall be placed on either of the wide 
surfaces of the arms, oriented with letters right side up towards the 
top of the arm and preferably about 1 foot from the midpoint of the 
arm.
    (6) The mark should be approximately the same location on each type 
of crossarm of each producer.
    (7) Brands, inspection marks, or quality assurance marks shall be 
removed from arms that do not meet these specifications.
    (m) Storage. (1) Producers may treat crossarms for reserve stock 
under any of the Rural Development approved plans.
    (2) Crossarms treated with oil-borne preservatives which have been 
held in storage for more than 1 year before shipment to the borrower, 
shall be re-assayed before shipment and shall be re-treated if found 
nonconforming for retention on orders placed in accordance with this 
section.
    (3) Crossarms shall meet the assay after re-treatment in accordance 
with paragraph (k) of this section.
    (4) Crossarms which are held in storage after final acceptance 
shall be stacked in piles or on skids in such a manner as to assure 
good ventilation. The stacks shall be covered or stored indoors for 
protection from the sun and weather to reduce checking, bending, and 
loss of preservative.

[[Page 56521]]

    (n) Drawings. (1) The drawings of Appendix B of this section, 
Crossarm Drilling Guide, have a type number and show in detail the hole 
size, shape, and pattern desired for crossarms ordered under this 
specification.
    (2) Purchase orders shall indicate the type or size and length 
crossarm required. For orders of arms where no drawings are included, 
the dimension tolerance of + \1/8\''-0'' shall be used. For example, a 
3\3/4\ x 4\3/4\ cross section shall actually be 3\3/4\'' x 4 \3/4\'' + 
\1/8\''.
    (3) Crossarms shall be furnished in accordance with the details of 
these drawings 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 
crossarms are published in Bulletin 1728F-811, ``Electric Transmission 
Specifications and Drawings, 115kV through 230kV'', and Bulletin 1728F-
810, ``Electric Transmission Specification and Drawings, 34.5kV through 
69kV''.
    (o) Destination inspection. All crossarms shall meet or exceed 
their minimum dimensions for at least 1 year after date of delivery. 
Borrowers have the right to reject crossarms that do not meet minimum 
dimensions.
BILLING CODE 3410-P

[[Page 56522]]

Appendix A to Sec.  1728.201--Distribution and Transmission Arms
[GRAPHIC] [TIFF OMITTED] TP29SE08.057


[[Page 56523]]



Appendix B to Sec.  1728.201--Crossarm Drilling Guide
[GRAPHIC] [TIFF OMITTED] TP29SE08.058


[[Page 56524]]


BILLING CODE 3410-C

Appendix C to Sec.  1728.201--Metric Conversion Factors

 
------------------------------------------------------------------------
          To convert from                    To             Multiply by
------------------------------------------------------------------------
Foot (ft).........................  Meter (m)...........          0.3048
Inch (in).........................  Centimeter..........            2.54
Pound per cubic foot (pcf) (lb/     Kilogram per cubic          1.601846
 ft\3\).                             meter (kg/m\3\).
Pound per square inch (psi) (lb/    Kilogram per square         703.0696
 in\2\).                             meter (kg/m\2\).
Degrees Fahrenheit (X [deg]F).....  Degrees Celsius        \5/9\(X[deg]-
                                     ([deg]C).                       32)
------------------------------------------------------------------------

    4. Section 1728.202 is amended by revising paragraphs (a) through 
(k) and by revising Appendix A to Sec.  1728.202 to read as follows.


Sec.  1728.202  Bulletin 1728H-702, Specification for Quality Control 
and Inspection of Timber Products.

    (a) Scope. This specification describes in more detail the 
responsibilities and procedures pertaining to quality control for 
crossarms, as specified in section 1728.201 of this part, and poles, 
covered in Bulletin 1728F-700, Specification for Wood Poles, Stubs and 
Anchor Logs,'' incorporated by reference in Sec.  1728.97 of this part 
and in Sec.  1755.97 of 7 CFR part 1755.
    (b) Related specifications and standards incorporated by reference. 
The following specifications and standards referenced throughout this 
section are pending approval of incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of each are 
available for inspection during normal business hours, room 1246-S, 
U.S. Department of Agriculture, Washington, DC or at the Office of the 
Federal Register, 800 North Capitol Street, NW., suite 700, Washington, 
DC. Copies of these standards and specifications may be purchased from 
the addresses shown below.
    (1) American Wood-Protection Association (AWPA), Book of Standards, 
2005 edition, available from AWPA, P.O. Box 361784, Birmingham, AL 
35236-1784, telephone 205 733-4077, http://www.awpa.com/, include the 
following standards:
    (i) A1-06, Standard for Coal Tar Creosote for Land and Fresh Water 
Use.
    (ii) A2-05, Standard Methods for Analysis of Waterborne 
Preservatives and Fire-Retardant Formulations.
    (iii) A3-05, Standard Methods for Determining Penetration of 
Preservatives and Fire Retardants.
    (iv) A5-05, Standard Methods for Analysis of Oil-Borne 
Preservatives.
    (v) A6-01, Method for the Determination of Water and Oil-Type 
Preservatives in Wood.
    (vi) A7-04, Wet Ashing Procedure for Preparing Wood for Chemical 
Analysis.
    (vii) A9-01, Standard Method for Analysis of Treated Wood and 
Treating Solutions by X-Ray Emission Spectroscopy.
    (viii) A11-93, Analysis of Treated Wood and Treating Solutions by 
Atomic Absorption Spectroscopy.
    (ix) U1-07, Use Category System: User Specification for Treated 
Wood.
    (x) T1-07, Use Category System Processing and Treatment Standard.
    (xi) M1-07, Standard for the Purchase and Preservation of Forest 
Products.
    (xii) M2-05, Standard Instructions for the Inspection of 
Preservative Treatment of Wood.
    (xiii) M3-05, Standard Quality Control Procedures for Wood 
Preserving Plants.
    (xiv) M4-06, Standard for the Care of Preservative-Treated Wood 
Products.
    (xv) P1/P13-06, Standard for Coal Tar Creosote for Land and, Fresh 
Water and Marine (Coastal Water Use).
    (xvi) P5-07, Standards for Water-Borne Preservatives.
    (xvii) P8-06, Standards for Oil-Borne Preservatives.
    (xviii) P9-03, Standards for Solvents for Organic Preservative 
Systems.
    (2) American Institute of Timber Construction (AITC) 200-92, 
Inspection Manual, 1992 edition, available from AITC, 7012 S. Revere 
Parkway, Suite 140, Englewood, Colorado 80110, telephone number (303) 
792-9559.
    (3) American National Standards Institute (ANSI) O5.2-1996 (R2001), 
American National Standard for Wood Products--Structural Glued 
Laminated Timber for Utility Structures, available from ANSI, 25 West 
43rd Street, New York, New York 10036, telephone (212) 642-4900, Web 
address: http://www.ansi.org/.
    (4) American Society for Testing and Materials (ASTM) D9-05, 
Standard Terminology Relating to Wood, available from ASTM, 100 Barr 
Harbor Dr. West, PO Box C700, Conshohocken, PA 19428-2959, telephone 
number (610) 832-9585, Web address: http://www.astm.org.
    (c) General stipulations. (1) Conformance of poles and crossarms to 
agency specifications for the most part is the responsibility of the 
producer's management. A member of the producer's staff shall be 
designated quality control designee and charged with the responsibility 
for the exercise of proper quality control procedures. Failure of a 
selected third-party inspection agency to properly perform their 
required overview responsibilities may subject said agency to 
subsequent liability claims for unsatisfactory or inadequate product 
performance.
    (2) The requirements in American Wood Protection Association (AWPA) 
Standard M3, covering records, adequate laboratory, plant gauges, and 
other plant facilities including proper storage, shall be followed.
    (3) The methods of inspection described in this section shall be 
used no matter which plan timber products are purchased under, i.e., 
Insured Warranty Plan, Independent Inspection Plan, or Quality 
Assurance Plans, as described in Sec.  1728.201 of this part or 
Bulletin 1728F-700. The number of poles and crossarms actually 
inspected by monitors for quality control under a Quality Assurance 
Plan or the Insured Warranty Plan may vary from the number of poles and 
crossarms inspected under the Independent Inspection Plan. Under the 
Independent Inspection Plan, each pole and a sample number of crossarms 
shall be inspected.
    (4) Under the Independent Inspection Plan, the borrower should 
designate in the purchase order which inspection agency it has 
selected. This service shall not be subcontracted to another agency. 
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 for purchase 
under the Independent Inspection Plan, the treating company shall 
obtain the services of an inspection agency.
    (5) Individual inspectors in the employ of Independent Inspection 
Agencies shall be experienced, competent and employed by only a single 
inspection Agency. The inspector shall perform all phases of the 
inspection personally and in the proper sequence. The primary 
responsibility of the inspector is to determine, for the

[[Page 56525]]

borrower, by careful inspection and verification, that the timber 
products, preservative, and treatment meet the requirements of 
Bulletins 1728F-700 and 1728H-701 and that the methods, storage 
facilities, and production equipment conform to applicable 
specifications. For details of the inspector's qualifications see 
Appendix A of this section.
    (6) Independent inspection agencies and inspectors shall maintain 
their impartiality. To do so, inspection agencies, inspectors, 
producers and brokers must maintain the greatest degree of separation 
and eliminate even the appearance of a conflict of interest. Inspection 
agencies shall not receive gratuities from or enter into financial 
agreements, other than for inspection services, with suppliers for 
which they perform inspection. Inspection agencies shall not provide 
gratuities or free services to suppliers. Inspection agencies shall not 
offer product warranties on inspected material.
    (7) Failure of an individual inspector to follow proper procedures 
or failure of an inspection agency to properly supervise inspectors or 
follow the appropriate specifications are grounds for debarment of 
inspection of agency financed material.
    (8) 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. Upon request, evidence of compliance to this requirement 
shall be forwarded to the agency. 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).
    (9) Inspection agencies shall maintain their own laboratory that is 
properly equipped according to AWPA standards, capable of completely 
analyzing the respective preservatives treatments, and at a minimum to 
run referee methods. This laboratory shall be independent from any 
treating plant laboratory. Independent Inspection Agencies may use one 
central laboratory.
    (10) Laminated materials manufactured for use on borrower systems 
shall comply with manufacturing and quality control requirements 
specified in ANSI O5.2-1996 (R2001), American National Standard for 
Wood Products--Structural Glued Laminated Timber for Utility 
Structures. The product shall be marked and certified.
    (i) Laminated material shall be inspected in accordance with ANSI 
O5.2-1996 (R2001).
    (ii) Quality control of material shall be performed to determine 
conformance with Sec.  1728.201 of this part and AITC 200-2004, 
Inspection Manual.
    (d) Quality control and inspection procedures for product 
acceptance. It is the responsibility of the plant quality control 
designee 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 designee has performed these procedures, a particular 
lot of material shall be released to the inspector for verification of 
conformance.
    (1) Poles can be purchased under any of the three purchase plans. 
These plans are Insured Warranty Plan, Independent Inspection Plan, or 
a Quality Assurance Plan. Under all of these plans, all poles in a lot 
shall be inspected by the plant quality control designee. Under the 
Insured Warranty Plan and a Quality Assurance Plan, the number of poles 
in a lot actually inspected by a third party inspector may be less than 
every pole, depending on the terms of the plans.
    (i) Ample space and assistance shall be provided by the treating 
plant for handling and turning to ensure that the surfaces of all items 
can be adequately inspected.
    (ii) Under the Independent Inspection Plan, all poles shall be 
inspected by the Independent Inspector for conformance to the 
requirements of Bulletin 1728F-700. If a pole is rejected and the cause 
of rejection is corrected, the rejected pole may be offered again for 
inspection as new material.
    (iii) Dimensions, length, and circumference shall be measured by a 
standard steel tape to determine that they are in agreement with the 
details for class and length in the brand and butt stamp. If it is 
obvious by visual comparison with a measured pole that the brand 
information is correct, individual poles need not be measured. Pole 
circumference dimensions made prior to treatment shall govern 
acceptance. Reduction in dimension due to treatment and shipping shall 
be not more than 2 percent below the minimum for the pole class.
    (iv) If 15 percent of the poles in a lot offered for inspection are 
defective, the inspector shall terminate the inspection. Re-examination 
of an entire lot by plant quality control shall be required when the 
number of rejected poles equals or exceeds 15 percent of the lot 
inspected. All defective or nonconforming poles either shall be removed 
from the lot or have their brands marked out.
    (v) Poles in a lot shall be inspected for decay and all poles shall 
be of the same seasoning condition. If the plant quality control 
designee suspects that decay has occurred, a slice from both ends shall 
be cut for closer examination. If 5 percent of the inspected poles in a 
lot shows evidence of decay, the entire lot shall be unconditionally 
rejected without further sorting.
    (vi) Moisture content, when limited by the purchaser, as stated on 
the purchaser's purchase order, shall be measured by calibrated 
electronic moisture meter. Calibration of the 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.
    (vii) Material failing to conform for moisture content may be 
retested upon request after a recalibration of the instrument. The 
results of the second test shall govern disposition of the lot.
    (viii) Re-examination for any mechanical damage or deterioration 
and for original acceptance shall be conducted on timber products not 
treated within 10 days after original inspection.
    (2) Crossarms can be purchased only under either of two purchase 
plans. These plans are the Independent Inspection Plan or Quality 
Assurance Plans. Under the Independent Inspection Plan, crossarms are 
to be inspected prior to manufacture, during manufacture, and after 
treatment. Under a Quality Assurance Plan, crossarms are monitored 
according to the terms of the quality assurance program acceptable to 
Rural Development Utilities Programs.
    (i) Inspection prior to treatment shall include:
    (A) Surface inspection of all ends of all arms. This is usually 
done on the stacks of arms prior to manufacture. Particular attention 
shall be paid to defects commonly found in the ends, such as 
compression wood, red heart and other forms of decay, shakes, splits, 
through checks, scantiness, honeycomb, and low density, determined by 
rings per inch and percent of summerwood. Whenever the number of 
nonconforming arms is found to exceed 0.5 percent of the lot or one 
arm, whichever is greater, the entire lot shall be rejected for excess 
number of defective ends. After the producer has removed or marked out 
the defective material, the arms may be resubmitted for inspection.
    (B) Surface inspection of the lengthwise sides performed on a 
random representative sample. The

[[Page 56526]]

sample size shall equal 20 percent of a lot size or 200 arms, whichever 
is smaller. The inspector shall examine side surfaces as they are 
slowly rotated. When necessary, the rotation may be stopped for closer 
inspection. Whenever the number of nonconforming arms is found to 
exceed 2 percent of the sample size, the entire lot shall be rejected. 
After the producer has removed or marked out the defective material, 
the arms may be resubmitted for inspection.
    (C) Check of moisture content of the random sample by a calibrated 
moisture meter.
    (D) Check of crossarm dimensions of the random sample measured 
after surfacing.
    (ii) Inspection during manufacture shall consist of:
    (A) Checking bolt and insulator pin holes for squareness and 
excessive splintering;
    (B) Checking brands for completeness, location, and legibility; and
    (C) Checking arms for conformance.
    (iii) Under the Independent Inspection Plan, there shall be a final 
inspection after treatment for preservative retention and penetration 
and for damage.
    (3) Structural glued laminated timber shall be tested and inspected 
in accordance with AITC 200, Inspection Manual. Grade of lumber shall 
be inspected by a qualified grader for specified quality, and so 
marked, in accordance with grading rules of the American Lumber 
Standards. Adhesives used for all structural arms shall meet 
requirements of ANSI O5.2-1996 (R2001) paragraph 5.2. Melamine urea 
adhesives shall not be used. End joint spacing and limitations shall be 
in accordance with ANSI O5.2-1996 (R2001).
    (e) Preservatives. (1) Creosote shall conform to the requirements 
of AWPA Standard P1 when analyzed by AWPA Standard Al, sections 2, 3, 
4, either 5 or 9, and 6, as follows:.
    (i) Each occasional charge; and
    (ii) The first charge and one of every five charges randomly 
selected in consecutive charges shall be analyzed.
    (2) Solutions of waterborne preservatives shall be analyzed for 
components in accordance with AWPA Standards A2, A9, or A11, and shall 
meet the requirements of P5 for composition. AWPA A2 shall be used as a 
referee method.
    (3) Pentachlorophenol shall contain not less than 95 percent 
chlorinated phenols and should conform to AWPA Standard P8 in 
hydrocarbon solvent AWPA P9 Type A.
    (4) Copper Naphthenate in hydrocarbon solvent (AWPA P9 Type A) 
shall contain not less than 6 percent nor more than 8 percent copper in 
the form of Copper Naphthenate and shall conform to AWPA Standard P8 
when analyzed in accordance with AWPA Standard A5.
    (f) Plant facilities and inspection during treatment. (1) 
Manufacturing and treating plant facilities shall conform to AWPA 
Standard M3, paragraph 3. Pressure plants shall be equipped with 
recording instruments to register time, pressure, temperature and 
vacuum during each cycle of treatment. Pressure plants shall also be 
equipped with indicating thermometers and pressure and vacuum gauges to 
check the accuracy of the recorders. Work tanks shall be equipped with 
a thermometer. Thermal treating vats shall be equipped with a time and 
temperature recorder and with an indicating thermometer. Temperature 
recording devices are not mandatory for plants treating exclusively 
with waterborne preservatives.
    (2) Temperature and humidity readings throughout the kiln shall be 
recorded on a recording chart and verified by observation of direct 
reading equipment. Gauges and recording equipment shall be calibrated 
annually.
    (3) Under the Independent Inspection Plan, the inspector shall be 
present during the treatment procedure, except at times when it may be 
impractical, such as during late night or early morning treatments. At 
such times of absence, temperature, pressure, and vacuum data shall be 
taken from the recording charts.
    (4) Recording instruments shall be checked with calibrated 
indicating gauges and thermometers, per AWPA standard M3. Inaccuracies 
shall be referred to the treating plant for prompt correction. If an 
inaccuracy which indicates error resulting in non-compliance with this 
specification indicating possible damage to the material, the inspector 
shall reject the charge.
    (g) Results of treatment. (1) Poles shall be tested for retention 
and penetration by means of a calibrated increment borer 0.2 inches 
 0.02 inches in diameter in accordance with procedures in 
AWPA Standard M2. Under the Independent Inspection Plan, all treating 
charges shall be tested for retention and penetration. Plant quality 
control and independent inspection shall do their analyses separately. 
Under the Insured Warranty Plan and Quality Assurance Plans, the 
frequency of testing retention and penetration may vary according to 
the Agency approved plan.
    (i) Unless otherwise specified, borings shall be taken 
approximately 1 foot above the face brand to 1 foot below the face 
brand. For pressure treated Western Red Cedar and all butt treated 
poles, borings shall be taken approximately 1 foot below groundline.
    (ii) Penetration compliance shall be determined in accordance with 
AWPA Standard A3. Chrome Azurol S and Penta-Check shall be used to 
determine penetration of copper containing preservatives and penta, 
respectively.
    (iii) Retention sampling. (A) When there are 20 or more poles in 
the treating charge, the retention sample for creosote shall consist of 
20 assay zones from southern pine and Douglas-fir poles. All poles in 
charges with fewer than 20 poles shall be bored once. Charges with less 
than 15 poles shall be bored once and bored again on a random basis to 
obtain a minimum of 15 assay zones.
    (B) Retention samples shall be taken from 20 poles in charges of 20 
or more poles.
    (C) Retention samples for Alaska yellow, western red, and northern 
white cedars shall consist of a minimum of 30 assay zones for creosote 
and waterborne preservatives. For penta charges of fewer than 30 poles, 
the sample shall contain the assay zone from each pole in the lot.
    (D) Retention samples shall consist of borings, representative of 
pole volumes for each class and length in the charge. Further selection 
and marking of poles of mixed seasoning, volume, and location on the 
tram shall be made as illustrated in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                    Vol. in cu.     % of total       Number of
                 Number of poles                   Class/length         ft.           volume          borings
----------------------------------------------------------------------------------------------------------------
27..............................................            7/30             232              15               3
26..............................................            4/35             447              29               6
11..............................................            5/35             163              10               2
* 55............................................            6/35             704              46               9
                                                 ---------------------------------------------------------------

[[Page 56527]]

 
    Total.......................................  ..............           1,546  ..............  ..............
----------------------------------------------------------------------------------------------------------------
* If a portion of these poles were green and some partially seasoned, then the number of borings should reflect
  the approximate percentage of each.

    (iv) When material in a lot consists of fewer pieces than the 
designated minimum number of samples for assay, additional borings 
shall be taken so as to make up at least the minimum sample, and in 
such manner that the sample is representative of the lot of material 
with respect to any variations in size, seasoning condition, or other 
features that might affect the results of treatment.
    (v) Analyses for preservative retention shall be performed as 
follows:
    (A) Creosote retention shall be analyzed by AWPA Standard A6;
    (B) Penta retention shall be analyzed by AWPA Standard A5 or A9. 
Copper pyridine method is required when timber may have been in contact 
with salt water and for all species native to the Pacific coast region, 
unless the raw material invoice specifically states that the material 
either has not been in contact with salt water or has been shown by 
analysis to have contained no additional chlorides before treating;
    (C) Copper Naphthenate retention shall be analyzed by tests in 
accordance with AWPA Standards A5 or A9;
    (D) Waterborne preservatives retention shall be analyzed by tests 
in accordance with AWPA Standards A2, A7, A9, or A11; and
    (E) Prior to unloading a tram, the inspectors may take their own 
samples and analyze them concurrently with the quality control 
designee, but each shall work independently, and quality control data 
shall be presented before acceptance of the charge.
    (vi) Penetration sampling of poles. (A) Group A poles consist of 
poles with a circumference of 37.5 inches or less at 6 feet from butt.
    (1) Bore 20 Group A poles or 20 percent of the poles, whichever is 
greater. Accept if 100 percent of the sample conform; otherwise, bore 
all poles.
    (2) Re-treat the charge if more than 15 percent of the borings are 
found to be nonconforming.
    (3) Re-treat all nonconforming poles if 15 percent or fewer fail 
the requirement.
    (B) Group B poles consist of poles with circumference greater than 
37.5 inches at 6 feet from the butt.
    (1) For Group B poles 50 feet and shorter, bore each pole and re-
treat only those found to be nonconforming, unless more than 15 percent 
fail; in that case, re-treat the entire lot.
    (2) For Group B poles longer than 50 feet, bore each pole twice at 
90 degrees apart around the pole and accept only those poles conforming 
to the penetration requirement in both borings. All nonconforming poles 
may be re-treated only twice.
    (vii) All holes (nominal 0.2 of an inch diam. bit) shall be 
promptly filled with treated, tight-fitting wood plugs.
    (2) Under the Independent Inspection Plan, all treating charges of 
crossarms shall be tested for retention and penetration. Plant quality 
control inspectors and independent inspectors shall do their analyses 
independently. Under the Quality Assurance Plans, the frequency of 
testing retention and penetration may vary according to the plan.
    (i) The penetration and retention sample shall consist of 20 (48 
for creosote) outer \6/10\ of an inch for Douglas-fir and 1 inch for 
Southern Yellow Pine zones from borings taken from any face except the 
top face at a location 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 any holes. For laminated material, borings shall be taken from 
laminates on a random basis.
    (ii) Preservative penetration shall be tested by taking not less 
than 20 borings from 20 crossarms in each charge, determined in 
accordance with AWPA Standard A3. Chrome Azurol S and Penta-Check shall 
be used to determine penetration of copper containing preservatives and 
penta, respectively.
    (3) Laminated material shall be checked for any evidence of 
delamination due to treatment and for the identifying quality stamp of 
AITC or American Plywood Association (APA).
    (4) If used for analysis, x-ray fluorescence instruments (XRF) 
shall be accurate and reliable, and they shall generate reproducible 
results. Instruments shall have thorough instructions which should 
include recommendations on drying techniques, equipment, and density 
calculations. These drying recommendations shall be followed when using 
XRF instruments.
    (5) To check the precision of the x-ray fluorescence instrument 
(XRF) at plants where it is used, once weekly the independent inspector 
shall rerun a sample at the inspection agency's laboratory. The 
independent inspector's laboratory shall use XRF or the referee method, 
maintain a log showing the plant's analysis value and the inspector's 
laboratory result. If the values are within the AWPA precision 
statement for each respective analysis method, the plant instrument 
needs no further calibration. Inspection agency XRF instruments shall 
be calibrated quarterly by the referee method for each preservative 
treatment that is being analyzed by the XRF.
    (6) Each independent inspector and plant quality control personnel 
that use XRF instruments, shall be trained and certified competent by 
the instrument manufacturer.
    (h) Product acceptance. Under the Independent Inspection Plan, the 
inspector shall signify acceptance by marking each piece of accepted 
material with a clear, legible hammer stamp in one end prior to 
treatment and in the other end after treatment. The inspector shall 
personally mark each piece, and shall not delegate this responsibility 
to another person.
    (i) Charge Inspection Reports.
    (1) Inspection Reports shall have the following matters:
    (i) Total pieces in the lot, number of pieces, and causes for 
rejection;
    (ii) Conditioning details of the material prior to treatment;
    (iii) Analyses of preservatives identified by the analyst's 
signature or certification;
    (iv) The details of treatment; and
    (v) The results of treatment. Results shall include the following:
    (A) The depth of penetration for retention samples and a summary of 
all poles rejected for insufficient penetration;
    (B) Separate worksheets for retention analyses, prepared by quality 
control designee and independent inspector;
    (2) On each inspection report the independent inspector and the 
plant quality control designee shall certify, in writing, that the 
material listed on the report has been inspected before, during, and 
after treatment, and that the preservative used was analyzed in 
accordance with the requirements of this section.
    (3) Each inspector or inspection agency shall permanently retain 
for a period of 1 year a copy or transcript of

[[Page 56528]]

each report of inspection, together with laboratory worksheets covering 
retention by assay and preservative analyses for the purchaser, and on 
request shall furnish a copy or transcript of any of these reports to 
the Chairman, Technical Standards Committee ``A'', Electric Staff 
Division, USDA Rural Development Utilities Programs, Washington, DC 
20250-1569.
    (j) Charge numbers on re-treat poles. The letter ``R'' shall be 
added to the original charge number in the butts of all poles that are 
re-treated for insufficient penetration or retention of preservative.
    All poles that fail to meet treatment requirements after two re-
treatments shall be permanently rejected.
    (k) Safety provisions. Poles intended for agency borrowers shall 
not be inspected when, in the opinion of the inspector, unsafe 
conditions are present.

Appendix A to Sec.  1728.202--Inspector's Qualifications

    Inspection agencies should see that inspectors assigned to the 
inspection of timber products and treatment for borrowers are 
competent and experienced.
    In general, any of the following examples are considered as 
minimum qualifying experience before a new inspector may be 
permitted to inspect timber products for borrowers:
    (a) Three years' experience as an inspector of timber and the 
preservative treatment of timber; or
    (b) Three years' experience in timber treating plant quality 
control work; or
    (c) Under the direct, on site, supervision of an experienced, 
well-qualified inspector, the prospective inspector shall have 
performed the following:
    (1) Inspected at least 10,000 poles and/or crossarms ``in the 
white.''
    (2) Checked preservative penetration results on at least 10,000 
poles and crossarms;
    (3) Made at least 100 wood assays for preservative retention;
    (4) Made at lease 25 analyses of each type of preservative used 
on material the person is assigned to inspect; and
    (5) Certified competent by the XRF instrument manufacturer.
    (d) In both (a) and (b) of this Appendix A, the experience 
should be not less than that required in (c).
    (e) Inspectors experienced in the inspections of one product, 
such as poles, should not be qualified to inspect another product, 
such as crossarms, until the above experience is gained for each 
respective product.
    (f) The inspector should be especially well informed in wood 
preservation and the operation of a timber treating plant, and be 
competent in preservative analysis and other laboratory work.
    (g) In all cases, an inspector should be thoroughly instructed 
in the application of the specifications and the standards 
pertaining thereto before being permitted to independently inspect 
timber products and the treatments applied to them. Knowledge of 
these specifications and standards, as well as the inspector's 
proficiency, may be checked routinely by members of the agency 
staff.
* * * * *

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

    4. The authority citation continues to read as follows:

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

    5. Section 1755.97 is amended in the table by revising the entry 
for Bulletin 1728F-700 to read as follows:


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

* * * * *

----------------------------------------------------------------------------------------------------------------
                                         Specification                                  Title of standard or
             Bulletin No.                     No.            Date last issued              specification
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1728F-700.............................  ..............  [Effective date of final   Specification for Wood Poles,
                                                         rule].                     Stubs and Anchor Logs.
----------------------------------------------------------------------------------------------------------------


    Dated: September 8, 2008.
James M. Andrew,
Admininstrator, Rural Utilities Service.
[FR Doc. E8-21798 Filed 9-26-08; 8:45 am]
BILLING CODE 3410-15-P