[Federal Register Volume 79, Number 29 (Wednesday, February 12, 2014)]
[Proposed Rules]
[Pages 8327-8337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01340]
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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. 79, No. 29 / Wednesday, February 12, 2014 /
Proposed Rules
[[Page 8327]]
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1753 and 1755
RIN 0572-AC29
New Equipment Contract for Telecommunications and Broadband
Borrowers
AGENCY: Rural Utilities Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Rural Utilities Service (RUS), a Rural Development agency
of the United States Department of Agriculture (USDA), hereinafter
referred to as RUS or the Agency, is proposing to amend the
telecommunications standards and specifications for material, equipment
and construction regulations by streamlining and replacing Equipment
Specific Contracts, RUS Forms 397, 398, 525, 545, and the associated
documents (Forms 231, 396, 396a, 397b, 397c, 397d, 397f, 397g, 397h,
517, 525a, 744, 752a, 754, and addenda) with a new Equipment Contract,
RUS Form 395 and the associated close-out documents (Forms 395a, 395b,
395c and 395d). The proposed rule includes conforming changes to
reflect the use of the new contract, administrative updates, and
addresses the discontinuance of the requirement for RUS borrowers to
use the Informational Publication (I.P.) 344-2, ``List of Material
Acceptable for Use on Telecommunications Systems of RUS Borrowers.''
The intended effect is to streamline the contractual process for RUS
borrowers and expedite the approval process of equipment during the
development of RUS funded construction projects.
DATE: Comments, electronic and/or paper, must be submitted on or before
April 14, 2014. Late comments will not be considered.
ADDRESSES: Submit comments by either of the following methods:
Federal Rulemaking Portal at http://www.regulations.gov.
Follow instructions for submitting comments.
Postal Mail/Commercial Delivery: Please send your comments
addressed to Michele L. Brooks, Director, Program Development and
Regulatory Analysis, Rural Utilities Service, U.S. Department of
Agriculture, 1400 Independence Avenue, STOP 1522, Room 5162,
Washington, DC 20250-1522.
Additional information about Rural Development and its programs is
available on the Internet at http://www.rurdev.usda.gov/index.html.
FOR FURTHER INFORMATION CONTACT: Norberto Esteves, Chief, Technical
Staff Branch, Rural Utilities Service, Telecommunications Program, U.S.
Department of Agriculture, STOP 1550, 1400 Independence Ave. SW.,
Washington, DC 20250-1550, Telephone number: (202) 720-0699.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866, Regulatory Planning and Review,
and therefore has not been reviewed by the Office of Management and
Budget (OMB).
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. 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 must be exhausted before an
action against the Department or its agencies may be initiated.
Executive Order 12372
This proposed rule is not subject to the requirements of Executive
Order 12372, ``Intergovernmental Review'', as implemented under USDA's
regulations at 7 CFR part 3015.
Regulatory Flexibility Act Certification
RUS has determined that this proposed rule will not have a
significant economic impact on a substantial number of small entities,
as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
RUS provides loans to borrowers at interest rates and on terms that are
more favorable than those generally available from the private sector.
RUS borrowers, as a result of obtaining federal financing, receive
economic benefits that exceed any direct economic costs associated with
complying with RUS regulations and requirements.
Environmental Impact Statement
This rule has been examined under Agency environmental regulations
at 7 CFR part 1794. The Administrator has determined that this action
is not a major action Federal action significantly affecting the
environment. Therefore, in accordance with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), an Environmental Impact
Statement or Assessment is not required.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance (CFDA) number assigned
to this program is 10.851. The Catalog is available on the Internet at
http://www.cfda.gov.
Unfunded Mandates
This proposed rule contains no Federal mandates (under the
regulatory provisions of Title II of the Unfunded Mandates Reform Act
of 1995) for State, local, and tribal governments or the private
sector. Therefore, this proposed rule is not subject to the
requirements of Sec. Sec. 202 and 205 of the Unfunded Mandates Reform
Act of 1995.
E-Government Act Compliance
RUS 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.
Executive Order 13132, Federalism
The policies contained in this proposed rule do not have any
substantial direct effect on states, on the relationship between the
national government and the states, or on the distribution of power and
responsibilities among the various levels of government. Nor does this
[[Page 8328]]
proposed rule impose substantial direct compliance costs on state and
local governments. Therefore, consultation with the states is not
required.
Executive Order 13175, Consultation and Coordination With Indian Tribal
Governments
Executive Order 13175 imposes requirements on Rural Development in
the development of regulatory policies that have tribal implications or
preempt tribal laws. Rural Development has determined that this
proposed rule does not have a substantial direct effect on one or more
Indian tribes(s) or on either the relationship or the distribution of
powers and responsibilities between the Federal Government and Indian
tribes. Thus, this rule is not subject to the requirements of Executive
Order 13175. If a tribe determines that this rule has implications of
which Rural Development is not aware and would like to engage in
consultation with Rural Development on this rule, please contact Rural
Development's Native American Coordinator at (720) 544-2911 or
[email protected].
Information Collection and Recordkeeping Requirements
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), RUS invites comments on this information collection for
which RUS intends to request approval from the Office of Management and
Budget (OMB).
Comments on this notice must be received by April 14, 2014.
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 or
other forms of information technology.
Comments may be sent to Michele Brooks, Director, Program
Development and Regulatory Analysis, Rural Utilities Service, U.S.
Department of Agriculture, 1400 Independence Ave. SW., Stop 1522, Room
5159 South Building, Washington, DC 20250-1522, Fax: (202) 720-8435.
Title: Form 395, Equipment Contract & Associated Forms
OMB Control Number: 0572-NEW.
Type of Request: Approval of a new collection.
Abstract: In order to ensure that RUS loans are adequately secured
as required by the Rural Electrification Act of 1936 (RE Act) (7 U.S.C.
901 et seq.), the Agency has established certain standardized forms for
materials, equipment and construction of electric and
telecommunications systems. The use of standard forms, construction
contracts, and procurement procedures helps to ensure that appropriate
standards and specifications are maintained by the borrower, the
Agency's loan security is not adversely affected, and the loan and loan
guarantee funds are used effectively and for the intended purposes.
The new Equipment Contract, RUS Form 395 and the associated close-
out documents (Forms 395a, 395b, 395c and 395d) will replace the
current Equipment Specific Contracts, RUS Forms 397, 398, 525, 545, and
the associated documents (Forms 231, 396, 396a, 397b, 397c, 397d, 397f,
397g, 397h, 517, 525a, 744, 752a, 754, and addenda). Contract terms and
obligations in the RUS's new Equipment Contract, RUS Form 395, reflects
present RUS and private sector practices, as well as changes in
technology, services and equipment. The new RUS forms will streamline
the contractual process for the RUS Borrower and expedite the approval
process of equipment during the duration of the project.
The specific purposes and uses of the proposed new contract forms
are as follows:
(1) New Contract Form
RUS Form 395, Equipment Contract.
This form will be used for equipment purchases.
(2) New Associated Forms with RUS Form 395
RUS Form 395a, Certificate of Completion (Equipment
Contract Including Installation).
This form will be used for the closeout of RUS Form 395 when the
contract includes installation.
RUS Form 395b, Certificate of Completion (Equipment
Contract Not Including Installation).
This form will be used to amend contracts except for distribution
line construction contracts.
RUS Form 395c, Certificate of Contractor and Indemnity
Agreement.
This form will be used in the closeout of RUS Form 395.
RUS Form 395d, Results of Acceptance Tests.
This is a suggestive form to be used to report results of
acceptance testing of equipment for purposes of closing out the
contract.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average .25 hours per response.
Estimated Number of Respondents: 284.
Estimated Number of Total Annual Responses per Respondents: 284.
Estimated Total Annual Burden on Respondents: 71 hours.
Copies of this information collection can be obtained from Michele
L. Brooks, Director, Program Development and Regulatory Analysis, at
(202) 690-1078.
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.
Background
Rural Development is a mission area within the U.S. Department of
Agriculture comprising the Rural Housing Service, Rural Business/
Cooperative Service, and Rural Utilities Service. Rural Development's
mission is to increase economic opportunity and improve the quality of
life for all rural Americans. Rural Development meets its mission by
providing loans, loan guarantees, grants and technical assistance
through more than 40 programs aimed at creating and improving housing,
businesses and infrastructure throughout rural America.
The Rural Utilities Service (RUS) loan, loan guarantee and grant
programs act as a catalyst for economic and community development. By
financing improvements to rural electric, water and waste, and telecom
and broadband infrastructure, RUS also plays a big role in improving
other measures of quality of life in rural America, including public
health and safety, environmental protection, conservation and cultural
and historic preservation.
The purpose of this undertaking is to improve customer service to
the Agency's rural borrowers. Divestiture, competition, legislation and
regulations have changed business practices in the telecommunications
industry. Over the past three years, RUS has undertaken a comprehensive
review of its Telecommunications Program contracts. Traditional
telecommunications borrowers, as well as broadband borrowers, benefit
from the new RUS Form 395 because most of the revisions are a result of
the changes the telecommunications industry has experienced as it has
transitioned from
[[Page 8329]]
narrowband to broadband. The new RUS Form 395 can assist both types of
borrowers with the purchase of equipment specifically designed to meet
or exceed a typical narrowband or broadband system.
In order to continue to facilitate the programmatic interest of the
Rural Electrification Act of 1936 (the ``RE Act''), as amended (7
U.S.C. 901 et seq.), that loans and loans guaranteed by RUS are
adequately secured, RUS has established certain standardized forms for
materials, equipment and construction of electric and
telecommunications systems. The use of standard forms, construction
contracts, and procurement procedures helps to assure that appropriate
standards and specifications are maintained by the borrower in order
not to adversely affect RUS's loan security and that loan and loan
guarantee funds are effectively used for intended purpose(s).
Contract terms and obligations in the new RUS Form 395, Equipment
Contract reflects present RUS and private sector practices, as well as
changes in technology, services and equipment. The new RUS Form 395,
Equipment Contract and associated close-out documents (Forms 395a,
395b, 395c and 395d) will replace the current Equipment Specific
Contracts, RUS Forms 397, 398, 525, 545, and the associated documents
(Forms 231, 396, 396a, 397b, 397c, 397d, 397f, 397g, 397h, 517, 525a,
744, 752a, 754, and addenda). The new RUS forms will streamline the
contracting process for the RUS Borrower and expedite the approval
process of equipment during the duration of the project.
This proposed rule will also remove references to Informational
Publication (I.P.) 344-2, ``List of Material Acceptable for Use on
Telecommunications Systems of RUS Borrowers'' (List of Materials) from
the Telecommunications Program regulations. Historically, the List of
Materials has been a useful tool in assuring product quality and
reliability of equipment used in the development of RUS funded
construction projects. One method for a product not having field-
deployment experience in a commercial setting to be placed on the list
was a ``field trial''. The ``field trials'' process, as well as
maintaining the List of Materials was a labor intensive product-by-
product review by Agency staff. Since the start of the Agency's
Telecommunications Program in 1949, technology has changed
dramatically. The telecommunications equipment supply sector is very
different, and far more complex and diverse, today than it was over 60
years ago. Product life cycles have accelerated, innovations abound and
new suppliers have entered the market. The Agency has undertaken a
fundamentally new approach to advancing state-of-the-art
telecommunications technologies, while maintaining a consistent
commitment to high quality rural service and the efficient use of
taxpayer dollars. In this new technology environment, RUS must operate
efficiently and effectively under current budgetary constraints.
Maintaining the List of Materials, which includes a product-by-product
review, simply cannot be sustained under our current budget and with
our limited staff. RUS, therefore, has discontinued accepting
applications as well as publishing the List of Materials as of May 23,
2011. Field trials are no longer needed and have been discontinued as
well. However, in order to protect RUS's loan security and compliance
with continuing Buy America statutory mandates, the Agency has
transitioned from a listing process to an approach which ensures that
construction financed by RUS meets applicable industry standards. This
new approach is incorporated into the review of individual projects and
the approval of loan advances. The intended effect is to streamline the
contractual process for RUS borrowers and expedite the approval process
of equipment during the development of RUS funded construction
projects.
List of Subjects
7 CFR Part 1753
Communications equipment; Loan programs--Telecommunications;
Reporting and recordkeeping requirements; Rural areas; and Telephone.
7 CFR Part 1755
Loan programs--Telecommunications; Reporting and recordkeeping
requirements; Rural areas; and Telecommunications.
For the reasons set forth in the preamble, the Rural Utilities
Service proposes to amend Chapter XVII of Title 7 of the Code of
Federal Regulations by proposing to amend parts 1753 and 1755.
PART 1753--TELECOMMUNICATIONS SYSTEM CONSTRUCTION POLICIES AND
PROCEDURES
0
1. The authority citation for part 1753 continues to read as follows:
Authority: 5 U.S.C. 501, 7 U.S.C. 901 et seq.
Subpart A--General
0
2. In Sec. 1753.2, remove the definition of the RTB.
0
3. Amend Sec. 1753.6 by revising paragraph (a) to read as follows:
Sec. 1753.6 Standards, specifications, and general requirements.
(a) Materials, equipment, and construction financed with loan funds
must meet the standards and specifications established by RUS 7 CFR
part 1755 which lists the RUS Bulletins containing the standards and
specifications for telephone facilities.
* * * * *
0
4. Amend Sec. 1753.7 by:
0
a. Revising paragraph (c),
0
b. Removing paragraph (f)(4).
The revision reads as follows:
Sec. 1753.7 Plans and specifications (P&S).
* * * * *
(c) The appropriate standards and specifications listed in 7 CFR
part 1755 shall be included in the P&S. When RUS has not prepared
standards and specifications, the borrower shall use all appropriate
project specific engineering requirements and specifications prepared
by the borrower's engineer. The specifications prepared by the
borrower's engineer and based on appropriate project specific
engineering requirements shall be subject to review and approval by RUS
for all major construction, including major projects which would be
exempted from RUS approval under paragraph (e) of this section.
* * * * *
0
5. Amend Sec. 1753.9 by revising paragraphs (a) and (c) to read as
follows:
Sec. 1753.9 Subcontracts.
(a) RUS construction contract Forms 257, 395, and 515, contain
provisions for subcontracting. Reference should be made to the
individual contracts for the amounts and conditions under which a
contractor may subcontract work under the contract.
* * * * *
(c) As stated in contract Forms 257, 395, and 515, the contractor
shall bear full responsibility for the acts and omissions of the
subcontractor and is not relieved of any obligations to the borrower
and to the Government under the contract.
* * * * *
Subpart B--Engineering Services
0
6. Amend Sec. 1753.18 by revising paragraph (c) to read as follows:
[[Page 8330]]
Sec. 1753.18 Engineer and architect contract closeout certifications.
* * * * *
(c) A statement that construction used was in accordance with
specifications published by RUS covering the construction which were in
effect when the contract was executed, or in the absence of such
specifications, that it meets other applicable specifications and
standards and that it meets all applicable national and local code
requirements as to strength and safety.
* * * * *
Subpart E--Purchase and Installation of Central Office Equipment
0
7. Amend Sec. 1753.36 by revising paragraphs (b), (c), (e), and (g) to
read as follows:
Sec. 1753.36 General.
* * * * *
(b) Terms used in this subpart are defined in Sec. 1753.2 and RUS
Contract Form 395.
(c) Borrowers shall use RUS Contract Form 395, Equipment Contract
and associated RUS Form 395a, Equipment Contract Certificate of
Completion (Including Installation), when the firm supplying the
equipment will install it and RUS Contract Form 395, Equipment Contract
and associated RUS Form 395b, Equipment Contract Certificate of
Completion (Not Including Installation) when the supplier of the
equipment will not be installing it. In either case the appropriate
specifications shall be included in the contract.
* * * * *
(e) The borrower shall take sealed competitive bids for all central
office equipment to be purchased under RUS Contract Form 395 using the
procedure set forth in Sec. 1753.38(a), unless RUS approval to
negotiate is obtained.
* * * * *
(g) Materials and equipment must meet the standards and general
specifications approved by RUS.
* * * * *
0
8. Amend Sec. 1753.37 by revising paragraphs (a) and (b) to read as
follows:
Sec. 1753.37 Plans and specifications (P&S).
(a) General. (1) Prior to the preparation of P&S, the borrower
shall review with the GFR the current and future requirements for
central office equipment.
(2) The P&S shall specify the delivery and completion time required
for each exchange.
(3) P&S for equipment to be provided under a Form 395 contract
without installation shall require the supplier to provide specific
installation information and a detailed bonding and grounding plan to
be utilized by the engineer, borrower, and others responsible for the
installation of the equipment.
(b) Preparation of P&S. The P&S shall include RUS Contract Form
395, Notice and Instructions to Bidders, specifications for the
required equipment for each exchange, provision for spare parts, and
all other pertinent data needed by the bidder to complete its proposal.
* * * * *
0
9. Amend Sec. 1753.38 by:
0
a. Revising paragraphs (a)(1)(i), (a)(1)(iii), (a)(2)(i)(J), (a)(2)(v)
0
b. Revising (b)(10),
0
c. Removing paragraph (c) and redesignating paragraphs (d), (e), and
(f), paragraph (d) as newly designated paragraphs (c), paragraph (e) as
newly designated paragraph (d) and (f) as newly designated paragraph
(e); and
0
d. Revising newly redesignated paragraphs (d)(3) and (d)(5).
The revisions read as follows:
Sec. 1753.38 Procurement procedures.
(a) * * *
(1) * * *
(i) After RUS approval of the specifications and equipment
requirements (required only for projects expected to exceed $500,000 or
25% of the loan, whichever is less), the borrower shall send ``Notice
and Instructions to Bidders'' to suppliers with central office
equipment.
* * * * *
(iii) RUS Contract Form 395 shall be used, except that the
``Notice'' shall state that prior to the bid opening a technical
session will be conducted with each supplier to resolve any questions
related to the technical proposal submitted by the supplier. The
suppliers' technical proposals should be requested for presentation 30
days in advance of the bid opening to enable sufficient time to make
the technical evaluation.
* * * * *
(2) * * *
(i) * * *
(J) Some types of equipment contain software. Equipment Contract
(RUS Form 395) indicates whether the equipment contains software and
whether the software contract stipulations are applicable.
* * * * *
(v) After evaluation of the technical proposals and RUS approval of
the changes to P&S (required only for projects that are expected to
exceed $500,000 or 25% of the loan, whichever is less), sealed bids
shall be solicited from only those bidders whose technical proposals
meet P&S requirements. When fewer than three bidders are adjudged
qualified by the borrower to bid, RUS approval must be obtained to
proceed. Generally, RUS will grant such approval only if the borrower
can demonstrate to the satisfaction of RUS that a good faith effort was
made to obtain at least three competitive bids.
* * * * *
(b) * * *
(10) Installation of the central office equipment and materials
provided under RUS Contract Form 395 may be made in accordance with
subpart I, if applicable, or by an approved Force Account Proposal
(FAP).
* * * * *
(d) * * *
(3) If RUS approval was required by paragraph (d)(2) of this
section, upon RUS approval the purchase may be made using RUS Contract
Form 395, or when applicable, the procedures contained in subpart I of
this part.
* * * * *
(5) Installation of the central office equipment and materials
procured by RUS Contract Form 395 without installation may be made in
accordance with subpart I, if applicable, or by an approved FAP.
* * * * *
0
10. Revise Sec. 1753.39 to read as follows:
Sec. 1753.39 Closeout documents.
Closeout of RUS Contract Form 395 Equipment Contract (including or
not including installation) shall be conducted as follows:
(a) Contract amendments. Amendments that must be submitted to RUS
for approval, as required by 7 CFR 1753.11, shall be submitted
promptly. All other amendments may be submitted to RUS with the
engineer's contract closeout certification.
(b) Acceptance tests. The borrower will perform acceptance tests as
part of the partial closeout and final closeout of RUS Contract Form
395 that will demonstrate compliance with the requirements as specified
by the borrower's engineer in the Performance Requirements. Other tests
demonstrating compliance will be acceptable.
(c) Grounding system audit. A grounding system audit shall be
performed and found acceptable for equipment provided under RUS
Contract Form 395, Equipment Contract (including or not including
installation), prior to placing a central office or remote switching
terminal into full service operation. The audits are to be conducted in
accordance with the
[[Page 8331]]
requirements specified by the borrower's engineer in the Performance
Requirements. The audits shall be performed by the contractor and
borrower when using the Form 395 with equipment installation and by the
borrower when using the Form 395 without equipment installation.
(d) Partial Closeout Procedure. Under conditions set forth in RUS
Contract Form 395, a contractor may, when approved by the borrower,
receive payment in full for central offices and their respective
associated remote switching terminals upon completion of the
installation without awaiting completion of the project. The contractor
is to receive such payment, according to procedures contained in the
applicable sections of RUS Contract Form 395. In addition to complying
with the appropriate partial closeout procedure contained in RUS
Contract Form 395, the borrower shall:
(1) Obtain from the engineer a certification of partial closeout;
and
(2) Submit one copy of the summary to RUS with an FRS.
(e) Final contract closeout procedure. The documents required for
the final closeout of the equipment contract, RUS Contract Form 395
with or without installation, are listed in the following table, which
also indicates the number of copies and their distribution. The
procedure to be followed is as follows:
Documents REQUIRED to Close Out RUS Form 395--Equipment Contracts
----------------------------------------------------------------------------------------------------------------
Number of copies prepared by Distribution
RUS form No. Description -------------------------------------------------------------------------
Seller Engineer Buyer Seller
----------------------------------------------------------------------------------------------------------------
213........... Certificate (Buy 1................ ................. 1............... ................
American).
238........... Construction or 3 sent to RUS.... 1 from RUS...... 1 from RUS.
Equipment Contract
Amendment (If not
previously submitted,
send to RUS for
approval).
395a.......... Certificate of ................. 2................ 1............... 1.
Completion for
Equipment Contract
(Including
Installation).
395b.......... Certificate of ................. 2................ 1............... 1.
Completion for
Equipment Contract
(Not Including
Installation).
395c.......... Certificate of 1................ ................. 1............... ................
Contractor and
Indemnity Agreement
(Use only for
installation
contracts).
None.......... Report in writing, ................. 1................ 1............... ................
including all
measurements, any
acceptance test
report and other
information required
under Part II of the
applicable
specifications (Form
395d may be used).
None.......... Set of maintenance 1................ ................. 1............... ................
recommendations for
all equipment
furnished under the
contract.
----------------------------------------------------------------------------------------------------------------
(f) Once RUS approval has been obtained for any required
amendments, the borrower shall obtain certifications from the engineer
that the project and all required documentation are satisfactory and
complete. The requirements for the final contract certification are
contained in Sec. 1753.18.
(g) Once these certifications have been received, final payment
shall be made according to the payment terms of the contract. Copies of
the certifications shall be submitted with the FRS, requesting the
remaining funds on the contract.
Subpart F--Outside Plant Major Construction by Contract
0
11. Amend Sec. 1753.47 by revising paragraphs (a)(2) and (b)(5) to
read as follows:
Sec. 1753.47 Plans and specifications (P&S).
(a) * * *
(2) The standard RUS specifications required for construction of
outside plant facilities are:
(i) RUS Form 515a (Bulletin 1753F-150)--Specifications and Drawings
for Construction of Direct Buried Plant.
(ii) RUS Form 515b (Bulletin 1753F-151)--Specification and Drawings
for Construction of Underground Plant.
(iii) RUS Form 515c (Bulletin 1753F -152)--Specifications and
Drawings for Construction of Aerial Plant.
(iv) RUS Form 515d (Bulletin 1753F -153)--Specification and
Drawings for Service Installation at Customer Access Locations.
(b) * * *
(5) RUS Contract Form 787, ``Supplement A to Construction Contract,
RUS Contract Form 515,'' when the borrower proposes to provide any
materials to the contractor. The borrower shall not order materials for
a contractor without RUS approval. In such cases the borrower must
attach Form 787 and a ``List of Owner's Materials on Hand'' and/or a
``List of Materials Ordered by Owner but Not Delivered'' to contract
Form 515 (See Sec. 1753.48(f) of this part). Any materials furnished
under Supplement A shall be in compliance with the RUS Buy American
requirement unless special RUS approval has been received by the
borrower to use non-domestic materials.
* * * * *
Subpart H--Purchase and Installation of Special Equipment
0
12. Revise Sec. 1753.66 to read as follows:
Sec. 1753.66 General.
(a) This subpart implements and explains the provisions of the Loan
Documents setting forth the requirements and the procedures to be
followed by borrowers in purchasing and installing special equipment
financed with loan funds.
(b) Terms used in this subpart are defined in Sec. 1753.2 and RUS
Form 395.
(c) Borrowers must obtain RUS review and approval of the LD for
their telephone systems. Applications of equipment not included in an
approved LD must conform to the modernization plan as required by 7 CFR
part 1751, subpart B, and must be submitted to RUS for review and
approval.
(d) RUS Form 395 and applicable specifications shall be used for
the purchase of special equipment for major construction on a furnish-
and-install basis, as well as on a furnish-only basis.
(e) The procedures provided in subpart I, if applicable, or a FAP
approved by RUS may be used for the installation of special equipment
purchased with a Form 395 contract not including installation.
(f) For special equipment purchases for minor construction, the
borrower may at its option use the Methods of Minor Construction
procedures
[[Page 8332]]
contained in subpart I or the purchase procedures contained in this
subpart H.
(g) Some types of special equipment contain software. Equipment
Contract (RUS Form 395) indicates whether the equipment contains
software and whether the software contract stipulations are applicable.
0
13. Revise Sec. 1753.to reads as follows:
Sec. 1753.67 Contracts and specifications.
(a) Equipment Contract, RUS Form 395 shall be used to purchase
equipment on a furnish-and-install basis, as well as on a furnish-only
basis.
(b) The equipment specifications must accompany the equipment
contract form and each specification consists of performance
specifications, installation requirements (if applicable), and
application engineering requirements.
0
14. Amend Sec. 1753.68:
0
a. In paragraph (a)(1)(iv) by removing the term ``Form 398 Contract''
and adding in its place ``Form 395 without installation'';
0
b. In paragraph (a)(8) by removing the term ``Form 397'' and adding in
its place ``Form 395'';
0
c. By revising paragraph (a)(9);
0
d. In paragraph (d)(1) by removing the term ``Form 397'' and adding in
its place ``Form 395 with installation'';
0
e. In paragraph (d)(2) by removing the term ``Form 398'' and adding in
its place ``Form 395 without installation'' and redesignate paragraph
(d)(2)(i) as (d)(2);
0
f. In paragraph (d)(3)(i) by removing the phrase ``special equipment
contract'' and adding in its place the phrase ``equipment contract''
0
g. By revising the table in paragraph (d)(3)(i).
The revisions read as follows:
Sec. 1753.68 Purchasing special equipment.
(a)* * *
(9) The specifications for the various applications of equipment is
prepared by the RUS borrower's engineer and based on generally accepted
engineering considerations and practices found in the
Telecommunications Industry.
* * * * *
Documents Required to Close Out RUS Form 395--Equipment Contracts
----------------------------------------------------------------------------------------------------------------
Number of copies prepared by Distribution
RUS form No. Description -------------------------------------------------------------------------
Seller Engineer Buyer Seller
----------------------------------------------------------------------------------------------------------------
213........... Certificate (Buy 1................ ................. 1............... ................
American).
238........... Construction or ................. 3 sent to RUS.... 1 sent to RUS... 1 from RUS.
Equipment Contract
Amendment (If not
previously submitted,
send to RUS for
approval).
395a.......... Certificate of ................. 2................ 1............... 1.
Completion for
Equipment Contract
(Including
Installation).
395b.......... Certificate of ................. 2................ 1............... 1.
Completion for
Equipment Contract
(Not Including
Installation).
395c.......... Certificate of ................. ................. 1............... ................
Contractor and
Indemnity Agreement
(Use only for
installation
contracts).
None.......... Report in writing, ................. 1................ 1............... ................
including all
measurements, any
acceptance test
report and other
information required
under Part II of the
applicable
specifications. (Form
395d may be used.).
None.......... Set of maintenance 1................ ................. 1............... ................
recommendations for
all equipment
furnished under the
contract.
----------------------------------------------------------------------------------------------------------------
* * * * *
Subpart I--Minor Construction
0
15. Amend Sec. 1753.80 by:
0
a. In paragraph (b)(3) by removing the phrase ``special equipment'' and
adding in its place ``equipment''; and
0
b. By revising paragraph (d)(2).
The revision reads as follows:
Sec. 1753.80 Minor construction procedure.
* * * * *
(d) * * *
(2) All standard RUS procedures are followed, including the
application of RUS construction practices (See Sec. 1753.6).
* * * * *
Subpart J--Construction Certification Program
Sec. 1753.93 [Amended]
0
16. In Sec. 1753.93, remove paragraphs (b)(7) and (b)(8) and
redesignate paragraphs (b)(9) as newly designated paragraph (b)(7),
(b)(10) as newly designated paragraph (b)(8), (b)(11) as newly
designated paragraph (b)(9), (b12) as newly designated paragraph
(b)10), and (b)(13) as newly designated paragraph (b)(11).
Sec. 1753.96 [Amended]
0
17. Amend the Certification Addendum in Sec. 1753.96 by removing the
words ``or Rural Telephone Bank,'' from the second sentence.
PART 1755--TELECOMMUNICATIONS POLICIES ON SPECIFICATIONS,
ACCEPTABLE MATERIALS, AND STANDARD CONTRACT FORMS
0
18. The authority citation for part 1755 continues to read as follows:
Authority: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.
Sec. 1755.3 [Removed and Reserved]
0
19. Remove and reserve Sec. 1755.3
0
20. Amend Sec. 1755.30 by:
0
a. Revising paragraphs (c)(25) through (45); and
0
b. Removing paragraphs (c)(46) through paragraphs (56).
The revisions read as follows:
Sec. 1755.30 List of telecommunications standard contract forms.
* * * * *
(c) * * *
(25) RUS Form 395, [EFFECTIVE DATE OF FINAL RULE], Equipment
Contract.
(26) RUS Form 395a, [EFFECTIVE DATE OF FINAL RULE], Equipment
Contract Certificate of Completion (Including Installation).
(27) RUS Form 395b, [EFFECTIVE DATE OF FINAL RULE], Equipment
Contract Certificate of Completion (Not Including Installation).
(28) RUS Form 395c, [EFFECTIVE DATE OF FINAL RULE], Certificate of
Contractor and Indemnity Agreement.
(29) RUS Form 395d, [EFFECTIVE DATE OF FINAL RULE], Results of
Acceptance Tests.
[[Page 8333]]
(30) RUS Form 506, issued 3-97, Statement of Engineering Fee--
Telecommunications.
(31) RUS Form 515, issued September 17, 2001, Telecommunications
Systems Construction Contract (Labor and Materials).
(32) RUS Form 526, issued 8-66, Construction Contract Amendment.
(33) RUS Form 527, issued 3-71, Statement of Construction,
Telephone System ``Outside Plant''.
(34) RUS Form 553, issued 5-67, Check List for Review of Plans and
Specifications.
(35) RUS Form 724, issued 10-63, Final Inventory, Telephone
Construction Contract.
(36) RUS Form 724a, issued 4-61, Final Inventory, Telephone
Construction--Telephone Construction Contract (Labor and Materials),
columns 1-8.
(37) RUS Form 724b, issued 3-61, Final Inventory, Telephone
Construction Contract (Labor and Materials), columns 9-14.
(38) RUS Form 771, issued 10-75, Summary of Work Orders (Inspected
by RUS Field Engineer).
(39) RUS Form 771a, issued 10-75, Summary of Work Orders (Inspected
by Licensed Engineer or Borrower's Staff Engineer).
(40) RUS Form 773, issued 12-90, Miscellaneous Construction Work
and Maintenance Services Contract.
(41) RUS Form 787, issued 8-63, Supplement A to Construction
Contract.
(42) RUS Form 817, issued 6-60, Final Inventory, Telephone Force
Account Construction.
(43) RUS Form 817a, issued 6-60, Final Inventory, Telephone Force
Account Construction, columns 1-8.
(44) RUS Form 817b, issued 6-60, Final Inventory, Telephone Force
Account Construction, Columns 9-14.
(45) RUS Form 835, issued 3-66, Preloan Engineering Service
Contract, Telephone System Design.
Sec. 1755.97 [Amended]
0
21. Amend Sec. 1755.97 by removing paragraphs (b)(1), (b)(2), (b)(4),
(b)(6),and (b)(7) and redesignate (b)(3) as newly designated paragraph
(b)(1), (b)(5) as newly designated paragraph (b)(2), (b)(8) as newly
designated paragraph (b)(3), (b)(9) as newly designated paragraph
(b)(4), (b)(10) as newly designated paragraph (b)(5), (b)(11) as newly
designated paragraph (b)(6), (b)(12) as newly designated paragraph
(b)(7), (b)(13) as newly designated paragraph (b)(8), (b)(14) as newly
designated paragraph (b)(9), (b)(15) as newly designated paragraph
(b)(10), (b)(16) as newly designated paragraph (b)(11), (b)(17) as
newly designated paragraph (b)(12).
0
22. Amend Sec. 1755.200:
0
a. In paragraph (b)(1) by removing the word ``accepted'' and adding in
its place ``compliant'';
0
b. In paragraph (c)(8)(i) by removing the word ``accepted'' and adding
in its place ``compliant'';
0
c. In paragraph (c)(9) by removing the word ``acceptance'' and adding
in its place ``compliance'';
0
d. In paragraph (c)(14)(i) and (c)(14)(ii) by removing the word
``accepted'' and adding in its place ``compliant'';
0
e. In paragraph (d)(7) by removing the word ``accepted'' and adding in
its place ``compliant'';
0
f. In paragraph (e)(6)(ii) by removing the word ``accepted'' and adding
in its place ``compliant'';
0
g. In paragraphs (g)(2)(i) and (g)(2)(ii)(A) by removing the word
``accepted'' and adding in its place ``compliant'',
0
h. By revising paragraph (g)(3), and
0
i. In paragraphs (g)(4)(i) and (ii) by removing the word ``accepted''
and adding in its place ``compliant,''.
The revisions read as follows:
Sec. 1755.200 RUS standard for spicing copper and fiber optic cables.
* * * * *
(g) * * *
(3) Buried service wire shield bond connections. Buried service
wire shields shall be connected to the pedestal bonding and grounding
system. Typical buried service wire installations are shown in Figures
17 and 18. In addition to the methods referenced in Figures 17 and 18,
the shields of buried service wires may also be connected to the
pedestal bonding and grounding system using buried service wire bonding
harnesses. When those harnesses are used they shall be installed in
accordance with the manufacturer's instructions. Figures 17 and 18 are
as follows:
* * * * *
0
23. Amend Sec. 1755.390 by:
0
a. Removing paragraphs (a)(4) and (a)(5) and redesignate paragraphs
(a)(6) as newly designated paragraph (a)(4) and (a)(7) as the new
paragraph (a)(5);;
0
b. By revising paragraph (f)(3)
0
c. By revising paragraph (h)(3)
0
d. Removing paragraphs (p) and (q) and redesignate paragraphs (r) as
newly designated paragraph (p) and (s) as newly designated paragraph
(q);
0
e. Revising newly redesignated paragraphs (q)(8) and (q)(9); and
0
f. Removing Appendix A.
The revisions read as follows:
Sec. 1755.390 RUS specification for filled telephone cables.
* * * * *
(f) * * *
(3) The individual cable manufacturer must demonstrate that the
filling compound selected for use is suitable for its intended
application. The filling compound must be applied to the cable in such
a manner that the cable components will not be degraded.
* * * * *
(h) * * *
(3) The individual cable manufacturer must demonstrate that the
flooding compound selected for use is acceptable for the application.
* * * * *
(q) * * *
(8) When cable manufactured to the requirements of this section is
shipped, both ends must be equipped with end caps acceptable to owner.
(9) When preconnectorized cables are shipped, the splicing modules
must be protected to prevent damage during shipment and handling. The
protection method must be acceptable to owner prior to its use.
* * * * *
0
24. Amend Sec. 1755.397 by:
0
a. Removing paragraph (b)(4) and redesignate paragraphs (b)(5) as newly
designated paragraph (b)(4), (b)(6) as newly designated paragraph
(b)(5), (b)(7) as newly designated paragraph (b)(6);
0
b. Revising newly redesignated paragraph (b)(5) by removing the word
``accepted'' and adding in its place ``compliant'';
0
c. Revising paragraph (j)(l)(ii);
0
d. Revising paragraph (k)(10)(vii) by removing the word ``accepted''
and adding in its place ``compliant'';
0
e. Removing paragraph (k)(10)(viii); and
0
f. Revising paragraph (q)(8)(ii).
The revisions read as follows:
Sec. 1755.397 RUS performance specification for line concentrators.
* * * * *
(j) * * *
(1) * * *
(ii) Equipment must pass laboratory tests, simulating a hostile
electrical environment, before being placed in the field for the
purpose of obtaining field experience. There are five basic types of
laboratory tests which must be applied to exposed terminals in an
effort to determine if the equipment will survive. Figure 2 of this
section, Summary of Electrical Requirements and Tests, identifies the
tests and their application as follows:
* * * * *
(q) * * *
[[Page 8334]]
(8) * * *
(ii) In the event that the measured data or operational tests show
that equipment fails to meet the requirements of this section, the
deficiencies are to be resolved as set forth in RUS Contract Form 395,
Equipment Contract. (Copies are available from RUS, Room 0174, U.S.
Department of Agriculture, Washington, DC 20250-1500.) The reports of
the bidder and the owner shall be detailed as to deficiencies, causes,
corrective action necessary, corrective action to be taken, completion
time, etc.
* * * * *
Sec. 1755.501 [Amended]
0
25. In Sec. 1755.501 remove the definitions for ``RUS accepted
(material and equipment)'' and ``RUS technically accepted (material and
equipment)''.
0
26. Amend Sec. 1755.503 by revising paragraph (l) to read as follows:
Sec. 1755.503 General
* * * * *
(l) All materials such as service wires and cables, ground rods,
ground rod clamps, etc., used in service entrance installations shall
be RUS compliant. Borrowers shall require contractors to obtain the
borrower's approval before non-domestic materials are to be used in
service entrance installations. Borrowers shall also ensure that the
cost of the non-domestic materials are at least 6 percent less than the
cost of equivalent domestic materials, as specified in ``Buy American''
Requirement of the Rural Electrification Act of 1936, as amended (7
U.S.C. 903 note). Materials used in service entrance installations
shall be of a suitable quality for their intended application as
determined by the RUS borrower or the engineer delegated by the RUS
borrower.
* * * * *
0
27. Amend Sec. 1755.505 by:
0
a. In paragraph (a) by removing the word ``accepted'' and adding in its
place ``compliant'';
0
b. Revising paragraph (b); and
0
c. Revising paragraph (f)(12).
The revisions read as follows:
Sec. 1755.505 Buried services.
* * * * *
(b) Buried services of six or more pairs shall be RUS compliant 22
AWG filled buried cable conforming to the requirements of Sec.
1755.390, RUS specification for filled telephone cables.
* * * * *
(f) * * *
(12) If the NID, BET, or fused primary station protector must be
mounted inside (not recommended by RUS), the service entrance into the
building shall be installed in accordance with section 800-12(c) of
ANSI/NFPA 70-1999, NEC [supreg]. After pulling-in the wire or cable,
the free space around the cable or wire shall be carefully sealed both
outside and inside with a duct sealer that is RUS compliant.
* * * * *
0
28. Amend Sec. 1755.506 by revising paragraph (a) to read as follows:
Sec. 1755.506 Aerial wire services.
(a) Aerial services of one through six pairs shall consist of
Service Entrance Aerial (SEA) assembly units, in accordance with RUS
Bulletin 1753F-153 (RUS Form 515d), Specifications and Drawings for
Service Installations at Customer Access Locations. The wire used for
aerial services shall conform to the requirements of Sec. Sec.
1755.700 through 1755.704, RUS specification for aerial service wires,
and shall be RUS compliant. Copies of RUS Bulletin 1753F-153 are
available upon request from RUS/USDA, 1400 Independence Avenue SW.,
STOP 1522, Washington, DC 20250-1522, FAX (202) 720-4120.
* * * * *
0
29. Amend Sec. 1755.507 by:
0
a. Revising paragraph (a) by removing the phrase ``RUS accepted or RUS
technically accepted'' and adding in its place ``RUS compliant''; and
0
b. Revising paragraph (c)(12).
The revisions read as follows:
Sec. 1755.507 Aerial cable services.
* * * * *
(c) * * *
(12) For the cable entrance, holes shall be bored slightly larger
in diameter than the cable and shall slope upward from outside to
inside. A duct sealer having RUS compliance shall be applied to both
ends of the hole after the cable is pulled in.
* * * * *
Sec. 1755.508 [Amended]
0
30. Amend Sec. 1755.508 by:
0
a. Revising paragraph (c) by removing the phrase ``RUS accepted or RUS
technically accepted'' and adding in its place ``RUS compliant'';
0
b. Revising paragraph (d) by removing the phrase ``RUS accepted or RUS
technically accepted'' and adding in its place ``RUS compliant'';
0
c. Revising paragraph (e) by removing the phrase ``RUS accepted or RUS
technically accepted'' and adding in its place ``RUS compliant'';
0
d. Revising paragraph (x) by removing the phrase ``RUS accepted or RUS
technically accepted'' and adding in its place ``RUS compliant'';
0
e. Revising paragraph (aa) by removing the phrase ``RUS accepted or RUS
technically accepted'' and adding in its place ``RUS compliant'';
0
f. Revising paragraph (dd)(4) by removing the phrase ``RUS accepted or
RUS technically accepted'' and adding in its place ``RUS compliant'';
0
g. Revising paragraph (ee)(1) by removing the phrase ``RUS accepted or
RUS technically accepted'' and adding in its place ``RUS compliant'';
and
0
h. Revising paragraph (ee)(2) by removing the phrase ``RUS accepted or
RUS technically accepted'' and adding in its place ``RUS compliant''.
Sec. 1755.510 [Amended]
0
31. Amend Sec. 1755.510 by removing paragraph (b) and redesignating
paragraph (c) as newly designated paragraph (b).
0
32. Amend Sec. 1755.522 by:
0
a. Removing paragraphs (a)(10) and (a)(11) and redesignate paragraph
(a)(12) as newly designated paragraph (a)(10);
0
b. Revising paragraph (c)(1) by removing the phrase ``RUS accepted
system'' and adding in its place ``RUS compliant system'';
0
c. Revising paragraph (d)(4) by removing the phrase ``RUS accepted
supplier'' and adding in its place ``RUS compliant supplier'';
0
d. Revising paragraph (e)(10) by removing the word ``RUS'' and adding
in its place ``owner'';
0
e. Revising paragraph (f)(6)(iii) by removing the word ``accepted'' and
adding in its place ``compliant'';
0
f. Revising paragraphs (s)(5) and (s)(5)(ii)(A);
0
g. Revising paragraphs (t)(6) and (t)(11);
0
h. Revising paragraph (y)(5)(iv), and
0
i. Revising Appendix D (8.2),
The revisions read as follows:
Sec. 1755.522 RUS general specification for digital stored program
controlled central office equipment.
* * * * *
(s) * * *
(5) Ringing generators. Regardless of whether the ringing is
generated on an ancillary basis or is generated integrally to the
switching system, the ringing equipment shall meet the requirements of
this section.
* * * * *
(ii) * * *
(A) The ringing generators shall have an output voltage which
approximates a sine wave and, as a minimum, shall be suitable for
ringing straight-line ringers. Although not a requirement, decimonic,
synchromonic, or harmonic ringing may also be specified in appendix A
of this section.
* * * * *
(t) * * *
[[Page 8335]]
(6) If specified in appendix A of this section, each protector
group shall be furnished with a factory assembled tip cable for
splicing to the entrance cable; the tip cable to be 20 feet (610 cm) in
length unless otherwise specified. Factory assembled tip cable shall be
22 gauge. Tip cable requirements are provided in RUS Bulletin
345-87, PE-87, RUS Specification for Terminating (TIP) Cable. Cables
having other kinds of insulation and jackets which have equivalent
resistance to fire and which produce less smoke and toxic fumes may be
used if specifically approved by owner.
* * * * *
(t)(11) Main frame protector makes and types shall be capable of
easy removal.
* * * * *
(y) * * *
(5) * * *
(iv) Appendix D of this section shall be the principal single-point
grounding system audit guideline document. A supplemental checklist may
be prepared and provided by the switching system supplier which
recognizes unique grounding requirements related to their particular
switching system. The scope of this supplier checklist is to be
confined to unique and specific switching system requirements only.
Supplier supplemental grounding checklist must have prior approval of
owner.
* * * * *
APPENDIX D to 7 CFR 1755.522--ACCEPTANCE CHECKLIST--SINGLEPOINT
GROUNDING SYSTEM
* * * * *
8.2 Incoming cable pairs terminated on MDF protector assemblies
should be protected with protector modules. These modules should
contain white coded carbon blocks or orange coded gas tube
arrestors. (Refer to RUS TE&CM 810, Item 7.4.)
* * * * *
0
33. Amend Sec. 1755.701 by:
0
a. Revising paragraph (e); and
0
b. Revising paragraph (f) by removing the word ``RUS'' and adding in
its place ``owner''
The revision reads as follows:
Sec. 1755.701 Scope
* * * * *
(e) All wires sold to RUS borrowers for projects involving RUS loan
funds under Sec. Sec. 1755.700 through 1755.704 must be RUS compliant.
For wires manufactured to the specification of Sec. Sec. 1755.700
through 1755.704, all design changes to a compliant design must be
submitted for acceptance by the RUS borrower's engineer.
* * * * *
0
34. Amend Sec. 1755.702 by revising paragraph (b)(2) to read as
follows:
Sec. 1755.702 Copper coated steel reinforced (CCSR) aerial service
wire.
* * * * *
(b) * * *
(2) The raw materials shall be RUS compliant prior to their use.
* * * * *
0
35. Amend Sec. 1755.703 by:
0
a. Revising paragraphs (b)(6) and (e)(2) to read as follows:
Sec. 1755.703 Nonmetallic reinforced (NMR) aerial service wire.
* * * * *
(b) * * *
(6) Repairs to the conductor insulation during manufacture are
permissible. The method of repair shall be RUS compliant prior to its
use. The repaired insulation shall comply with the requirement
specified in ANSI/ICEA S-89-648-1993, paragraph 3.2.3.3.
* * * * *
(e) * * *
(2) The jacket raw materials shall be RUS compliant prior to their
use.
* * * * *
Sec. 1755.704 [Removed and Reserved]
0
36. Remove and reserve Sec. 1755.704;
0
37. Amend Sec. 1755.860 by:
0
a. Revising paragraphs (a)(3) and (a)(4);
0
b. Revising paragraphs (b)(3), (b)(7)(i), and (b)(8);
0
c. Removing paragraphs (b)(5)(iv) and (b)(12);
0
d. Revising paragraphs (c)(4) and (c)(5);
0
e. Revising paragraph (e)(6);
0
f. Revising paragraph (h)(3);
0
g. Revising paragraphs (l)(4) and (l)(8);
0
h. Removing paragraphs (o), (p), (q), and redesignate paragraph (r) as
newly designated paragraph (o);
0
i. Revising paragraphs (r)(3) and (r)(7) by removing the term ``RUS''
and adding in its place '' the purchaser''.
0
j. Removing APPENDIX A to Sec. 1755.860--QUALIFICATION TEST METHODS
and redesignate APPENDICES B as newly designated APPENDIX A -to Sec.
1755.860--Sheath Slitting Cord Qualification and APPENDIX C as newly
designated APPENDIX B --Thermal Reel Wrap Qualification; and
0
k. Revising new APPENDIX B to Sec. 1755.860(III)(8).
The revisions read as follows:
Sec. 1755.860 RUS specification for filled buried wires.
(a) * * *
(3) All wires sold to RUS borrowers for projects involving RUS loan
funds under this section must be RUS compliant. For wires manufactured
to the specification of this section, all design changes to a compliant
design must be accepted by the RUS borrower's engineer.
(4) Materials, manufacturing techniques, or wire designs not
specifically addressed by this section may be allowed if RUS compliant.
Justification for acceptance of modified materials, manufacturing
techniques, or wire designs must be provided to substantiate product
utility and long term stability and endurance.
* * * * *
(b) * * *
(3) Joints made in conductors during the manufacturing process may
be brazed, using a silver alloy solder and nonacid flux, or they may be
welded using either an electrical or cold welding technique. In joints
made in uninsulated conductors, the two conductor ends must be butted.
Splices made in insulated conductors need not be butted but may be
joined in a manner acceptable to the RUS borrower's engineer.
* * * * *
(7) * * *
(i) All insulated conductors must be continuously tested for
insulation faults during the twinning operation with the method of test
acceptable to the RUS borrower's engineer. The length count and number
of faults must be recorded. The information must be retained for a
period of 6 months and be available for review by the RUS borrower's
engineer when requested.
* * * * *
(8) Repairs to the conductor insulation during manufacturing are
permissible. The method of repair must be accepted by the RUS
borrower's engineer prior to its use. The repaired insulation must be
capable of meeting the relevant electrical requirements of this
section.
* * * * *
(c) * * *
(4) Positive identification of the tip and ring conductors of each
pair by marking each conductor of a pair with the color of its mate is
permissible. The method of marking must be accepted by the RUS
borrower's engineers prior to its use.
(5) Other methods of providing positive identification of the tip
and ring conductors of each pair may be employed if accepted by the RUS
borrower's engineers prior to its use.
* * * * *
(e) * * *
(6) The individual wire manufacturer must have satisfactory
performance
[[Page 8336]]
results that the filling compound selected for use is suitable for its
intended application. The filling compound must be compatible with the
wire components when tested in accordance with ASTM D 4568-86 at a
temperature of 80 [deg]C.
* * * * *
(h) * * *
(3) The individual wire manufacturer must have satisfactory
performance results that the flooding compound selected for use is
acceptable for the application.
* * * * *
(l) * * *
(4) An alternative method of marking may be used if accepted by the
RUS borrower's engineer prior to its use.
* * * * *
(8) The method of marking must be by means of suitable surface
markings producing a clear, distinguishable, contrasting marking
acceptable to the RUS borrower's engineer. Where direct or transverse
printing is employed, the characters should be indented to produce
greater durability of marking. Any other method of length marking must
be acceptable to the RUS borrower's engineer as producing a marker
suitable for the field. Size, shape and spacing of numbers, durability,
and overall legibility of the marker will be considered in acceptance
of the method.
* * * * *
Appendix B to Sec. 1755.860--Thermal Reel Wrap Qualification
* * * * *
(III) * * *
(8) For the thermal reel wrap to be RUS compliant, the
temperature differences between the jacket with the thermal reel
wrap and the jacket without the reel wrap must be greater than or
equal to 17 [deg]C.
* * * * *
0
38. Amend Sec. 1755.870 by:
0
a. Removing paragraphs (a)(3) and (a)(4) and redesignate paragraphs
(a)(5) as newly designated paragraph (a)(3), (a)(6) as newly designated
paragraph (a)(4), (a)(7) as newly designated paragraph (a)(5), (a)(8)
as newly designated paragraph (a)(6);
0
b. Revising paragraph (b)(2) by removing the term ``RUS'' and adding in
its place ``the RUS borrower's engineer'';
0
c. Removing paragraph (b)(5)(v);
0
d. Revising paragraph (b)(8)(iv) by removing the term ``RUS'' and
adding in its place ``the end user'';
0
e. Revising paragraph (b)(9) by adding the words ``the RUS borrower's
engineer'' after the term RUS;
0
f. Removing paragraph (b)(13);
0
g. Revising paragraphs (c)(4) and (c)(5) by removing the term ``RUS''
and adding in its place ``the RUS borrower's engineer'';
0
h. Revising paragraph (f)(8)(ii) by removing the term ``RUS'' and
adding in its place ``the RUS borrower's engineer'';
0
i. Revising paragraphs (k)(4) and (k)(8) by removing all references to
the term ``RUS'' and replacing with the phrase ``the RUS borrower's
engineer'';
0
j. Revising paragraph (l)(2),
0
k. Removing paragraphs (m) and (n) and redesignate paragraphs (o) as
newly designated paragraph (m) and (p) as newly designated paragraph
(n);
0
l. Revising paragraphs (o)(2), (o)(3), (o)(5), and (o)(8) by removing
the term ``RUS'' and adding in its place ``the RUS borrower's
engineer''; and
0
m. Removing APPENDIX A.
The revision reads as follows:
Sec. 1755.870 RUS specification for terminating cables.
* * * * *
(l) * * *
(2) The splicing modules shall meet the requirements of RUS
Bulletin 345-54, PE-52, RUS Specification for Telephone Cable Splicing
Connectors (Incorporated by Reference at Sec. 1755.97), and be RUS
compliant prior to their use.
* * * * *
0
39. Amend Sec. 1755.890 by:
0
a. Revising paragraph (a)(4),
0
b. Revising paragraph (a)(5) by removing the term ``RUS'' and adding in
its place ``the RUS borrower's engineer'';
0
c. Revising paragraphs (b)(7)(i) and (b)(8) by removing the term
``RUS'' and adding in its place ``the RUS borrower's engineer'';
0
d. Revising paragraphs (c)(3) and (c)(4) by removing the term ``RUS''
and adding in its place ``the RUS borrower's engineer'';
0
e. Revising paragraph (f)(3) by removing the term ``RUS'' and adding in
its place ``the RUS borrower's engineer'';
0
f. Revising paragraph (h)(3) by removing the term ``RUS'' and adding in
its place ``the RUS borrower's engineer'';
0
g. Revising paragraph (i)(5) by removing the term ``RUS'' and adding in
its place ``the RUS borrower's engineer'';
0
h. Revising paragraph (o)(2),
0
i. Removing paragraph (p);
0
k. Removing paragraph (q);
0
l. Revising paragraphs (s)(8) and (s)(9) and
0
m. Removing APPENDIX A.
The revisions read as follows:
Sec. 1755.890 RUS specification for filled telephone cables with
expanded insulation.
(a) * * *
(4) All cables sold to RUS borrowers for projects involving RUS
loan funds under this section must be accepted by the RUS borrower's
engineer. For cables manufactured to the specification of this section,
all design changes to an accepted design must be submitted for
acceptance. The RUS borrower's engineer will be the sole authority on
what constitutes a design change.
* * * * *
(o) * * *
(2) The splicing modules must meet the requirements of RUS Bulletin
345-54, PE-52, RUS Specification for Telephone Cable Splicing
Connectors (Incorporated by Reference at Sec. 1755.97), and be RUS
compliant prior to their use.
* * * * *
(s) * * *
(8) When cable manufactured to the requirements of this
specification is shipped, both ends must be equipped with end caps
acceptable to the RUS borrower's engineer.
(9) When preconnectorized cables are shipped, the splicing modules
must be protected to prevent damage during shipment and handling. The
protection method must be acceptable to the RUS borrower's engineer
prior to its use.
* * * * *
Sec. 1755.900 [Amended]
0
40. Amend Sec. 1755.900 by:
0
a. Removing paragraph (b)(1) and redesignate paragraphs (b)(2) as newly
designated paragraph (b)(1), (b)(3) as newly designated paragraph
(b)(2), (b)(4) as newly designated paragraph (b)(3), (b)(5) as newly
designated paragraph (b)(4), (b)(6) as newly designated paragraph
(b)(5), (b)(7) as newly designated paragraph (b)(6), (b)(8) as newly
designated paragraph (b)(7), (b)(9) as newly designated paragraph
(b)(8), (b)(10) as newly designated paragraph (b)(9), (b)(11) as newly
designated paragraph (b)(10), (b)(12) as newly designated paragraph
(b)(11), (b)(13) as newly designated paragraph (b)(12), (b)(14) as
newly designated paragraph (b)(13), (b)(16) as newly designated
paragraph (b)(14), (b)(17) as newly designated paragraph (b)(15),
(b)(18) as newly designated paragraph (b)(16), (b)(19) as newly
designated paragraph (b)(17), (b)(20) as newly designated paragraph
(b)(18), (b)(21) as newly designated paragraph (b)(19), (b)(22) as
newly designated paragraph (b)(20), (b)(23) as newly designated
paragraph (b)(21), (b)(24) as newly designated paragraph (b)(22),
(b)(25) as newly designated paragraph (b)(23), (b)(26) as newly
designated paragraph (b)(24), (b)(27) as newly designated paragraph
(b)(25), (b)(28) as newly designated paragraph (b)(26), (b)(29) as
newly designated paragraph (b)(27), (b)(30) as
[[Page 8337]]
newly designated paragraph (b)(28), (b)(31) as newly designated
paragraph (b)(29), (b)(32) as newly designated paragraph (b)(30;
0
41. Amend Sec. 1755.902 by:
0
a. Revising paragraph (a)(8) by removing the word ``Agency'' and adding
in its place ``RUS borrower's engineer'';
0
b. Revising paragraph (a)(9):
0
c. Revising paragraph (h)(3) by removing the word ``Agency'' and adding
in its place ``RUS borrower's engineer'';
0
d. Revising paragraph (i)(3) by removing the word ``Agency'' and adding
in its place ``RUS borrower's engineer'';
0
e. Revising paragraph (s)(2),
0
f. Removing paragraph (t);
0
g. Removing paragraph (u); and
0
h. Removing Appendix to Sec. 1755.902 .
The revisions read as follows:
* * * * *
Sec. 1755.902 Minimum performance specification for fiber optic cable
(a) * * *
(9) All cables sold to RUS telecommunications borrowers for
projects involving RUS loan funds must be accepted by the RUS
borrower's engineer.
* * * * *
(s) * * *
(2) All connectors must be accepted by the RUS borrower's engineer
prior to their use.
* * * * *
0
42. Amend Sec. 1755.903 by:
0
a. Revising paragraphs (a)(4) and (a)(9);
0
b. Revising paragraph (g)(3) by removing the word ``Agency'' and adding
in its place ``RUS borrower's engineer'';
0
c. Revising paragraph (q)(2),
0
d. Removing paragraph (r); and
0
e. Removing paragraph (s).
The revisions read as follows:
Sec. 1755.903 Fiber optic service entrance cables
(a) * * *
(4) Optical cable designs not specifically addressed by this
section may be allowed. Justification for acceptance of a modified
design must be provided to substantiate product utility and long term
stability and endurance.
* * * * *
(9) All cables sold to RUS Telecommunications borrowers must be RUS
compliant for projects involving RUS loan funds. All design changes to
Agency compliant designs must be submitted to the RUS borrower's
engineer for compliance. Optical cable designs not specifically
addressed by this section may be allowed, if accepted by the RUS
borrower's engineer. Justification for acceptance of a modified design
must be provided to substantiate product utility and long term
stability and endurance.
* * * * *
(q) * * *
(2) All connectors must be accepted by the RUS borrower's engineer
prior to their use.
* * * * *
0
43. Amend Sec. 1755.910 by:
0
a. Revising paragraph (a)(3);
0
b. Removing paragraph (c)(3);
0
c. Revising paragraphs (d)(1)(ii) and (d)(2)(vi);
0
d. Revising paragraphs (d)(3)(xx) and (d)(3)(xxvii) by removing the
word ``accepted'' and adding in its place ``compliant'',
0
e. Revising paragraphs (d)(4)(iv), (d)(5)(iii) and (d)(5)(x) by
removing the word ``RUS'' and adding in its place ``the RUS borrower's
engineer'',
0
f. Revising paragraphs (d)(6)(v) by removing the word ``acceptance''
and adding in its place ``compliance''; and
0
g. Revising paragraphs (e)(3)(xii)(A)(1), (e)(3)(xii)(B)(1),
(e)(4)((viii)(A) and (e)(6)(v).
The revisions read as follows:
Sec. 1755.910 RUS specification for outside plant housings and
serving area interface system.
(a) * * *
(3) The test procedures described in this section are required by
RUS to demonstrate the functional reliability of the product. However,
other standard or unique test procedures may serve the same function.
In such cases, the RUS borrower's engineer shall evaluate the test
procedures and results on an individual basis.
* * * * *
(d) * * *
(1) * * *
(ii) Housings shall be of sufficient size to permit easily managed
installation, operational, testing, and maintenance operations. The
general shape of outside plant housings is usually comparable to that
of a rectangular column or cylinder, with the shape of any particular
housing being left to the manufacturer's discretion.
(2) * * *
(vi) Note 1: Additional sizes of splice cabinets shall be
considered by the RUS borrower on a case-by-case basis.
* * * * *
(e) * * *
(3) * * *
(xii)(A)(1) Note: The procedures for housings with larger surface
area will be evaluated by the RUS borrower's engineer on a case-by-case
basis.
* * * * *
(B)(1) Note: The procedures for housings with larger surface areas
will be evaluated by the RUS borrower's engineer on a case-by-case
basis.
* * * * *
(4) * * *
(viii) * * *
(A) Note: Test procedures for housings with larger doors will be
evaluated by the RUS borrower's engineer on a case-by-case basis.
* * * * *
(6) * * *
(v) Secondary finish evaluation. Evidence of secondary protection
shall be required for RUS compliance. Typical secondary protection is
galvanizing per ASTM A 526/A 526M-90 for steel surfaces.
* * * * *
Dated: November 21, 2013.
John Charles Padalino,
Administrator, Rural Utilities Service.
[FR Doc. 2014-01340 Filed 2-11-14; 8:45 am]
BILLING CODE P