[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 59933-59934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24420]



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 Rules and Regulations
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  Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / 
Rules and Regulations  

[[Page 59933]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1755


Specifications and Drawings for Construction of Direct Buried 
Plant

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule.

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

SUMMARY: The Rural Utilities Service (RUS) is amending its regulations 
on Telecommunications Policies on Specifications, Acceptable Materials, 
and Standard Contract Forms, by revising RUS Bulletin 1753F-150, 
Specifications and Drawings for Construction of Direct Buried Plant 
(Form 515a). The revised specifications will include new construction 
units for Fiber-to-the-Home, remove redundant or outdated requirements, 
and simplify the specifications format.

DATES: The effective date September 29, 2010.
    Incorporation by Reference: The incorporation by reference of 
certain publications listed in this rule is approved by the Director of 
the Federal Register as of September 29, 2010.

FOR FURTHER INFORMATION CONTACT: Norberto Esteves, Chair, Technical 
Standards Committee ``A'' (Telecommunications), Advanced Services 
Division, Telecommunications Program, USDA-Rural Utilities Service, 
STOP 1550, Washington, DC 20250-1550. Telephone: (202) 720-0699; Fax: 
(202) 205-2924; e-mail: [email protected].

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 12988

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. USDA Rural Development has determined that this 
rule meets the applicable standards provided in section 3 of the 
Executive Order. In addition, all state and local laws and regulations 
that are in conflict with this rule will be preempted; no retroactive 
effect will be given to the 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 an action against the Department or 
its agencies may be initiated.

Regulatory Flexibility Act Certification

    USDA Rural Development has determined that this final rule will not 
have a significant economic impact on a substantial number of small 
entities, as defined by the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.). The standard USDA Rural Development telecommunications loan 
documents contain provisions on procurement of products and 
construction of telecommunications facilities purchased with loan 
funds. This ensures that the telecommunications systems financed with 
loan funds are adequate to serve the purposes for which they are to be 
constructed and that loan funds are adequately secured. USDA Rural 
Development borrowers, as a result of obtaining Federal financing, 
receive economic benefits that exceed any direct cost associated with 
complying with USDA Rural Development regulations and requirements.

Information Collection and Recordkeeping Requirements

    The information collection and recordkeeping requirements contained 
in this final rule are cleared under control numbers 0572-0059 and 
0572-0132 pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35, as amended).

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Under Executive Order 13132, this final 
rule does not have sufficient federalism implications requiring the 
preparation of a Federalism Assessment.

Catalog of Federal Domestic Assistance

    The program described by this final rule is listed in the Catalog 
of Federal Domestic Assistance Program under No. 10.851, Rural 
Telephone Loans and Loan Guarantees and No. 10.857, Rural Broadband 
Access Loans and Loan Guarantees. This catalog is available on a 
subscription basis from the Superintendent of Documents, the United 
States Government Printing Office, Washington, DC 20402. Telephone: 
(202) 512-1800.

Executive Order 12372

    This final 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 USDA Rural Development 
Utilities Programs loans and loan guarantees are excluded from the 
scope of Executive Order 12372.

Unfunded Mandates

    This final rule contains no Federal Mandates (under the regulatory 
provisions of Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. Chapter 25)) for State, local, and tribal governments or the 
private sector. Thus, this final rule is not subject to the 
requirements of sections 202 and 205 of the Unfunded Mandates Reform 
Act of 1995.

National Environmental Policy Act Certification

    The Agency has determined that this final 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.

Background

    RUS issues contracts, standards and specifications for construction 
of telecommunications facilities financed with RUS loan funds. RUS is 
revising the specifications for buried plant

[[Page 59934]]

construction contained in RUS Bulletin 1753F-150 (RUS Form 515a).
    The current outside plant specifications are used by borrowers to 
secure the services of a contractor for the construction of 
telecommunications facilities. Current specifications have become 
outdated due to the advancements in Fiber-to-the-Home construction as 
well as installation methods and materials. In order for borrowers and 
contractors to take advantage of these improved construction 
installation methods and materials, the current specifications have 
been revised.
    On Tuesday, June 8, 2010, RUS published a proposed rule in the 
Federal Register (Vol. 75, No 109, page 32313), proposing to amend its 
regulations on Telecommunications Policies on Specifications, 
Acceptable Materials, and Standard Contract Forms, by revising RUS 
Bulletin 1753F-150, Specifications and Drawings for Construction of 
Direct Buried Plant (Form 515a). Interested parties were invited to 
submit comments on or before August 9, 2010. No comments were received.

List of Subjects in 7 CFR Part 1755

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

0
For reasons set out in the preamble, RUS proposes to amend chapter XVII 
of title 7 of the Code of Federal Regulations as follows:

PART 1755--TELECOMMUNICATIONS POLICIES ON SPECIFICATIONS, 
ACCEPTABLE MATERIALS, AND STANDARD CONTRACT FORMS

0
1. The authority citation for part 1755 continues to read as follow:

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


0
2. In Sec.  1755.97, the table is amended by revising the issue date of 
RUS Bulletin 1753F-150 to read as follows:


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

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                                         Title of standard or
          RUS Bulletin No.              Specification No.       Date last issued            specification
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
1753F-150..........................  Form 515a.............  September 2010........  Specifications and Drawings
                                                                                      for Construction of Direct
                                                                                      Buried Plant.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    * * *

    Dated: September 23, 2010.
Jonathan Adelstein,
Administrator, Rural Utilities Service.
[FR Doc. 2010-24420 Filed 9-28-10; 8:45 am]
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