[Federal Register Volume 83, Number 215 (Tuesday, November 6, 2018)]
[Rules and Regulations]
[Pages 55465-55467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24248]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
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 The Code of Federal Regulations is sold by the Superintendent of Documents. 
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  Federal Register / Vol. 83, No. 215 / Tuesday, November 6, 2018 / 
Rules and Regulations  

[[Page 55465]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1728


Specifications and Drawings for Underground Electric Distribution

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule; request for comments.

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SUMMARY: The Rural Utilities Service (RUS), a Rural Development agency 
of the U.S. Department of Agriculture, is amending its regulations for 
electric standards and specifications in Bulletin 1728F-806 (D-806), 
``Specifications and Drawings for Underground Electric Distribution,'' 
which is incorporated by reference, to digitize RUS accounting, clarify 
RUS requirements, update current standards and practices, and improve 
customer service. This bulletin contains complete specifications 
settings forth the RUS requirements for constructing rural underground 
electric distribution systems using state-of-the-art materials, 
equipment, and construction methods.

DATES: This rule is effective November 6, 2018.
    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 November 6, 2018.
    Written comments must be received on or before December 6, 2018.

ADDRESSES: Submit comments by any 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-18-ELECTRIC-0006 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. Follow the online instructions for submitting comments.
     Mail: Addressed to Michele Brooks, Team Lead--Rural 
Development Innovation Center--Regulations Team, U.S. Department of 
Agriculture, 1400 Independence Ave. SW, Stop 1522, Room 1562, 
Washington, DC 20250-1522. Please state that your comment refers to 
Docket No. RUS-18-ELECTRIC-0006.
    Instructions: All submissions received must include that agency 
name and the subject heading ``Specifications and Drawings for 
Underground Electric Distribution.'' All comments received must 
identify the name of the individual (and the name of the entity, if 
applicable) who is submitting the comment.

FOR FURTHER INFORMATION CONTACT: Mr. Trung V. Hiu, Electrical Engineer, 
Electric Staff Division, Distribution Branch, U.S. Department of 
Agriculture, Rural Utilities Service, Room 1262-S, 1400 Independence 
Avenue SW, Washington, DC 20250-1569. Telephone: (202) 720-1877. Fax: 
(202) 720-7491. Email: [email protected].

SUPPLEMENTARY INFORMATION: 

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. A notice of final rule entitled 
``Department Programs and Activities Excluded from Executive Order 
12372,'' (50 FR 47034) exempted RUS loans and loan guarantees to from 
coverage under this order.

Executive Order 12866

    This rule falls under the category of regulations, ``Rural 
Electrification Administration (REA) rules concerning standards and 
specification for construction and materials,'' and 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. RUS 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 effort will be given 
to this rule, and, in accordance with Sec. 212(e) of the Department of 
Agriculture Reorganization Act of 1994 (7 U.S.C. Sec. 6912(e)), 
administrative appeal procedures, if any, must be exhausted before an 
action against the Department or its agencies may be initiated.

Executive Order 13132, Federalism

    The policies contained in this final 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 
rule impose substantial direct compliance costs on State and local 
governments. Therefore, consultation with states is not required.

Information Collection and Recordkeeping Requirements

    This final rule contains no new reporting or recordkeeping burdens 
under OMB control number 0572-0131, 7 CFR part 1728, Electric Standards 
and Specifications for Materials and Construction, that would require 
approval under the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 
35).

Executive Order 13371, Deregulatory Action

    This final rule is not expected to be an Executive Order 13771 
deregulatory action. This rule is expected to provide meaningful 
updates to assist with improving customer service.

Executive Order 13175, Consultation and Coordination With Indian Tribal

Governments

    The Agency has determined that this final rule does not have a 
substantial direct effect on one or more Indian tribe(s) or on either 
the relationship or the distribution of powers and responsibilities 
between the Federal Government and Indian tribes. Thus,

[[Page 55466]]

this final rule is not subject to the requirements of Executive Order 
13175. Consequently, the Agency will not conduct tribal consultation 
sessions.
    If a Tribe has questions about the Tribal Consultation process 
please contact Rural Development's Native American Coordinator at (720) 
544-2911 or [email protected].

USDA Non-Discrimination Statement

    In accordance with Federal civil rights law and U.S. Department of 
Agriculture (USDA) civil rights regulations and policies, the USDA, its 
Agencies, offices, and employees, and institutions participating in or 
administering USDA programs are prohibited from discriminating based on 
race, color, national origin, religion, sex, gender identity (including 
gender expression), sexual orientation, disability, age, marital 
status, family/parental status, income derived from a public assistance 
program, political beliefs, or reprisal or retaliation for prior civil 
rights in any program or activity conducted or funded by the 
Department. (Not all prohibited basis will apply to all programs and/or 
employment activities.) Remedies and complaint filing deadlines vary by 
program or incident.
    Persons with disabilities who require alternative means of 
communication for program information (e.g., Braille, large print, 
audiotape, American Sign Language, etc.) should contact the responsible 
Agency or USDA's TARGET center at (202) 720-2600 (voice and TTY) or 
contact USDA through the Federal Relay Service at (800) 877-8339. 
Additionally, program information may be made available in languages 
other than English.
    To file a program discrimination complaint, complete the USDA 
Program Discrimination Complaint Form (PDF), found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or 
write a letter addressed to USDA and provide in the letter all of the 
information requested in the form. To request a copy of the complaint 
form, call (866) 632-9992 to request the form. Submit your completed 
complaint form or letter to USDA by: (1) Mail at U.S. Department of 
Agriculture, Office of Assistant Secretary for Civil Rights, 1400 
Independence Avenue SW, Washington, DC 20250-9410, by Fax (202) 690-
7442 or Email at [email protected].
    USDA is an equal opportunity provider, employer, and lender.

Regulatory Flexibility Act Certification

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

Catalog of Federal Domestic Assistance

    The program described by this final rule is listed in the Catalog 
of Federal Domestic Assistance Programs under No. 10.850, Rural 
Electrification Loans and Loan Guarantees. This catalog is available on 
a subscription basis from the Superintendent of Documents, U.S. 
Government Printing Office, Washington, DC 20402-9325, telephone number 
(202) 512-1800.

Unfunded Mandates

    This final rule contains no Federal Mandates (under the regulatory 
provision 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 proposed rule is not subject to the 
requirements of sections 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.

National Environmental Policy Act Certification

    The Administrator of RUS 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

    Pursuant to the Rural Electrification Act of 1936, as amended (7 
U.S.C. 901 et seq.), the Rural Utilities Service (RUS) is amending 
Title 7 CFR Chapter XVII, Part 1728, Electric Standards and 
Specifications for Materials and Construction, by making changes to 7 
CFR 1728.97, Incorporation by reference of electric standards and 
specifications, RUS Bulletin 1728F-806 (D-806), ``Specifications and 
Drawings for Underground Electric Distribution'' (incorporation 
approved for 7 CFR 1728.98). These changes are necessary in order to 
digitize RUS accounting, clarify RUS requirements, update current 
standards and practices, and improve customer service.
    RUS maintains a system of bulletins that contain construction 
standards and specifications for materials and equipment which must be 
complied when system facilities are constructed by RUS electric and 
telecommunications borrowers in accordance with the RUS loan contract. 
These standards and specifications contain standard construction units 
and material items and equipment units commonly used in RUS electric 
and telecommunications borrowers' systems. The bulletin listed below is 
incorporated by reference in 7 CFR 1728.97. The Director of the Federal 
Register approves the incorporations by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. A notice of any change in this 
material will be published in the Federal Register. Copies of this 
bulletin are available to the public at the following web address: 
https://www.rd.usda.gov/publications/regulations-guidelines/bulletins/electric.
    The materials incorporated by reference may be inspected at the 
Rural Utilities Service, Stop 1520, Room 5820-S, Washington, DC 20250-
1522, call (202) 720-8674. The RUS bulletin 1728F-806 (D-806) is 
available from the Rural Utilities Service, Room 1246 -S, U.S. 
Department of Agriculture, Washington, DC 20250. For information on the 
availability of this material, call (202) 720-8674.
    The following is a summary of the changes that are included in this 
final rule:
    1. For consistency with RUS policy and practices, the drawings are 
renumbered to reflect RUS other construction standards and 
specifications. This will allow the digitizing of accounting records.
    2. To keep abreast with the industry practices and respond to the 
stakeholders interest, cable-in-conduit and outdoor lighting 
construction standard and specification are added. These practices are 
common industry wide but are not currently available from RUS.
    3. To enforce this rule as a standard, the term ``must'' is 
replaced by ``shall'' throughout the rule where applicable.
    4. As requested by the stakeholders, the term ``borrower'' is 
replaced by ``owner'' throughout the rule where applicable.
    5. The high potential test is an obsolete practice and removed.

[[Page 55467]]

    6. For 11 drawings, UA1 through UC2-2, cable riser shield is 
removed and separated into new UP unit.
    7. For 5 drawings, UG6 through UG17-3, combinations of elbows, 
arresters, and connector blocks are added.
    8. Due to obsolete practices, the following drawings are removed: 
UM3-44, UM3-45, UM3-46, UM5-6, UM5-6A, UM6-35, UM6-36, UM7-1, UM8-5, 
UM8-6, UM8-7, UM9-2, UM12, UM48-3, UM48-4, UX7.
    9. Three new drawings for Single Phase Riser Pole Assembly Units, 
UA4, UA.G, and UA1.USG, are added.
    10. Two new drawings for Two Phase Riser Pole Assembly Units, UB5 
and UB6, are added.
    11. Eight new drawings for Three Phase Riser Pole Assembly Units, 
UC3, UC4, UC5, UC7.1, UC7.3, UC7.4, UC8.1, and UC8.2, are added.
    12. Six new drawings for Foundation and Assembly Units, UF.PBC, 
UF.PBN, UF3.BC, UF3.BN, UF3.PN, and UF3.VC, are added.
    13. Five new drawings for Transformer Assembly Units, UG1.01, 
UG1.02, UG1.2, UG3.01, and UG3.02, are added.
    14. Four new drawings for Grounding Assembly Units, UH2.0, UH2.2, 
UH2.7, and UH4.1G, are added.
    15. Two new drawings for Secondary Assembly Units, UJ3.3 and UJ4.3, 
are added.
    16. Three new drawings for Service Assembly Units, UK2.1, UK2.2, 
and UK4, are added.
    17. Five new drawings for Miscellaneous Assembly Units, UM1.XX, 
UM3, UM6.JN6226, UM6.PKG, and UM6.RK, are added.
    18. Two new drawings for Outdoor Lighting Assembly Units, UO1 and 
UO2, are added.
    19. Eight new drawings for System Protection Assembly Units, 
UP7.04, UP7.B1, UP7.B2, UP7.B3, UP7.C, UP7.FC, UP7.UG, and UP8, are 
added.
    20. A new drawing for Metering Assembly Units, UQG, is added.
    21. A new drawing for Recloser Assembly Units, UR3, is added.
    22. A new drawing for Sectionalizing Assembly Units, US1.DC, is 
added.
    23. Four new drawings for Trench Assembly Units, UT2, UT3, UT4, and 
UT5, are added.
    24. Four new drawings for Voltage Control Assembly Units, UY1.1XX, 
UY1.1.XXSW, UY3.2L, and UY3.3L, are added.

List of Subjects in 7 CFR Part 1728

    Electric power, Incorporation by reference, Loan programs-energy, 
Rural areas.

    Accordingly, for reasons set forth in the preamble, chapter XVII, 
title 7, the Code of Federal Regulations is amended as follows:

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

0
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.


0
2. Revise Sec.  1728.97(a)(24) to read as follows:


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

* * * * *
    (a) * * *
    (24) Bulletin 1728F-806 (D-806) Specifications and Drawings for 
Underground Electric Distribution, October 11, 2018, incorporation 
approved for Sec.  1728.98.
* * * * *

0
3. Revise Sec.  1728.98(a)(24) to read as follows:


Sec.  1728.98   Incorporation by reference of electric standards and 
specifications.

    (a) * * *
    (24) Bulletin 1728F-806 (D-806) Specifications and Drawings for 
Underground Electric Distribution), October 11, 2018.
* * * * *

    Dated: October 31, 2018.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2018-24248 Filed 11-5-18; 8:45 am]
 BILLING CODE ;P