[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Rules and Regulations]
[Pages 57015-57022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22255]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Parts 1728 and 1755
Standards and Specifications for Timber Products Acceptable for
Use by Rural Utilities Service Electric and Telecommunications
Borrowers
AGENCY: Rural Utilities Service, Department of Agriculture (USDA).
ACTION: Final rule; response to comments.
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SUMMARY: The Rural Utilities Service (RUS), a Rural Development agency
of U.S. Department of Agriculture, is issuing a final rule to amend its
regulations on Electric and Telecommunications Standards and
Specifications for Materials, Equipment and Construction, updates to
Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs and Anchor
Logs; Bulletin 1728H-701, Specification for Wood Crossarms,
Transmission Timbers, and Pole Keys; and Bulletin 1728H-702,
Specification for Quality Control and Inspection of Timber Products
(Wood Bulletins) to keep RUS standards current with the technology
advances and consistent with the industry practice. This final rule
incorporates most of the changes from the final rule; request for
comments published on June 18, 2019, in the Federal Register. This rule
also addresses and takes into consideration public comments received by
the Agency regarding regulation changes in the final rule; request for
comments on June 18, 2019, as published in the Federal Register and, as
a result, incorporates updates and modifications to the final rule.
DATES:
Effective date: This rule is effective October 14, 2021.
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 October 14, 2021.
FOR FURTHER INFORMATION CONTACT: Chendi Zhang, Mechanical Engineer,
Engineering Standards Branch, Electric Programs [bond] Rural Utilities
Service [bond] Rural Development, U.S. Department of Agriculture, 1400
Independence Ave. SW [bond] Washington, DC 20250-1567 [bond] Phone:
202-690-9032 [bond] email: [email protected].
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule is exempt from the Office of Management and Budget
(OMB) review for purposes of Executive
[[Page 57016]]
Order 12866 and, therefore, has not been reviewed by OMB.
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 the Rural Utilities Service loans and
loan guarantees from coverage under this order.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. The Rural Utilities Service 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 final rule will be preempted. No
retroactive effect will be given to this final rule and in accordance
with section 212(e) of the Department of Agriculture Reorganization Act
of 1994 (7 U.S.C. 6912(e)) administrative appeal procedures, if any,
must be exhausted before an action against the Department or its
agencies may be initiated.
Executive Order 13132
This final rule 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 to require
preparation of a Federalism Assessment.
Regulatory Flexibility Act Certification
The Rural Utilities Service has determined that the Regulatory
Flexibility Act is not applicable to this final rule since USDA Rural
Utilities Service is not required by 5 U.S.C. 551 et seq. or any other
provision of the law to publish a notice of proposed rulemaking with
request to the subject matter of this rule.
Information Collection and Recordkeeping Requirements
This final rule contains no new reporting or recordkeeping burdens
under OMB control number 0572-0076 that would require approval under
the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended).
Assistance Listings (Formerly the Catalog of Federal Domestic
Assistance)
Assistance Listings (formerly the Catalog of Federal Domestic
Assistance (CFDA)) are detailed public descriptions of Federal programs
that provide grants, loans, scholarships, insurance, and other types of
assistance awards. You may browse assistance listings across all
government agencies to learn about potential funding sources. The
program described by this final rule is detailed in the Assistance
Listings under No. 10.850, Rural Electrification Loans and Loan
Guarantees. Visit the following website for further information:
https://sam.gov/content/assistance-listings.
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 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
In accordance with the National Environmental Policy Act of 1969,
Public Law 91-190, this final rule has been reviewed in accordance with
7 CFR part 1970 (``Environmental Policies and Procedures''). The Agency
has determined that (i) this action meets the criteria established in 7
CFR 1970.53(f); (ii) no extraordinary circumstances exist; and (iii)
the action is not ``connected'' to other actions with potentially
significant impacts, is not considered a ``cumulative action'' and is
not precluded by 40 CFR 1506.1. Therefore, the Agency has determined
that the action does not have a significant effect on the human
environment, and therefore neither an Environmental Assessment nor an
Environmental Impact Statement is required.
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 activity, in any program or activity conducted or funded by USDA
(not all bases apply to all programs). 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, AD-3027, found online at https://www.usda.gov/oascr/how-to-file-a-program-discrimination-complaint and
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. Submit your completed
complaint form or letter to USDA by:
(1) Mail: U.S. Department of Agriculture, Office of Assistant
Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC
20250-9410,
(2) Email: [email protected].
USDA is an equal opportunity provider, employer, and lender.
Background
I. General Discussion
The Rural Utilities Service maintains bulletins that contain
construction standards and specifications for materials and equipment
and provide regulated specifications to RUS Electric Program borrowers
for procurement of electric transmission and distribution line wood
materials. These standards and specifications apply to systems
constructed by electric and telecommunications borrowers in accordance
with the loan contract, and contain standard construction units,
materials, and equipment units used on electric and telecommunications
borrowers' systems. The following bulletins establish standards for the
manufacture and inspection of wood utility poles, crossarms and pole
keys: Bulletin 1728F-700, ``RUS Specification for Wood Poles, Stubs and
Anchor Logs'' (incorporated by reference at Sec. 1728.97); 7 CFR
1728.201 ``Bulletin 1728H-701, Specification for Wood Crossarms (Solid
and Laminate), Transmission Timbers, and Pole Keys;'' and 7 CFR
1728.202 ``Bulletin 1728H-
[[Page 57017]]
702, Specification for Quality Control and Inspection of Timber
Products.''
II. Purpose of the Regulatory Action
This final rulemaking adopts most of the changes to Bulletin 1728F-
700, ``RUS Specification for Wood Poles, Stubs and Anchor Logs''
(incorporated by reference at Sec. 1728.97); 7 CFR 1728.201 ``Bulletin
1728H-701, Specification for Wood Crossarms (Solid and Laminate),
Transmission Timbers, and Pole Keys;'' and 7 CFR 1728.202 ``Bulletin
1728H-702, Specification for Quality Control and Inspection of Timber
Products,'' as published in the final rule; request for comments on
June 18, 2019 (84 FR 28186), in the Federal Register. This final rule
also incorporates some of the suggestions received by the Agency
through submitted public comments, as well as administrative updates
and clarifications based on Agency experience in working with
borrowers. A summary of the major changes to these three bulletins are
noted in the Agency's responses to the commenters and Summary of
Changes section of this document.
III. Summary of Comments and Responses
As noted above, the Agency invited comments on the final rule;
request for comments published on June 18, 2019, in the Federal
Register on or before August 2, 2019. The Agency received comments from
the following organizations: Treated Wood Council (TWC); North American
Wood Pole Council (NAWPC); Viance, LLC, a wood preservative chemical
manufacturer; McFarland Cascade a Stella-Jones Company, a producer of
utility poles; and Brooks Manufacturing Co., which are summarized as
follows:
Comments and Responses Relevant to Bulletin 1728F-700, ``Specification
for Wood Poles, Stubs and Anchor Logs (Incorporated by Reference at
Sec. 1728.97)''
Comment 1: Two commenters noted that the RUS stated its intent to
remove Northern White Cedar from the list of approved species, but one
reference to Northern White Cedar in paragraph 8d(1)(b) was not
removed.
Agency Response: The Agency agrees and in this final rule we
removed northern white cedar as an acceptable pole species in that
paragraph and also added ``Alaska Yellow Cedar.'' The use of Alaska
Yellow Cedar is a viable choice for poles and crossarms.
Comment 2: Three commenters requested that the Agency update all
the references to the ``latest version of the American Wood Protection
Association (AWPA) Book of Standards'' in the Bulletin 1728F-700.
Agency Response: The Agency agrees to use the ``latest version of
the AWPA Book of Standards'' that is available at the time the bulletin
is updated.
Comment 3: Three commenters asked that RUS should allow shipment of
material(s) greater than two years after initial treatment, so long as
it has been retreated and reinspected to ensure it continues to meet
the RUS specifications.
Agency Response: The two-year time is confirmed by a result of
survey of industry experts and is a balance of interest of RUS
borrowers and pole suppliers.
Comment 4a: Four commenters urged RUS to delete references to
specific preservatives.
Agency Response: In general, the Agency does not agree with
deleting references to specific preservatives. However, given that the
Ammoniacal Copper Arsenate (ACA) is no longer listed in the AWPA
Standards in Pole Specifications and Crossarm Specifications, the
Agency is no longer referencing ACA in Bulletin 1728F-700.
Comment 4b: Four commenters asked the Agency to allow RUS Borrowers
to choose from ``any of the preservatives approved in the AWPA
Standards for the commodities being purchased''.
Agency Response: RUS maintains an approved List of Material. For
borrowers desiring to use materials that are not on the List, there is
a process where approval to use such materials can be requested from
RUS on a case-by-case basis. The same process would apply to any AWPA
approved preservative that is not listed in this RUS specification.
RUS reviewed DCOI (Dichloro-2-n-octyl-4-isothiazolin-3) application
package and focused on Treatability and field pole stub/post-test. It
is determined to include AWPA approved DCOI in RUS bulletins as a new
preservative to address the discontinuation of penta.
Comment 5: Three commenters stated that there is no basis for
providing compliance to the requirement for sterilization, described as
heating the pith center to 150 [deg]F for one hour as the standard;
rule concerning heat transfer taking one hour for each inch of diameter
has been removed from the specification.
Agency Response: The Agency believes that there may be a
misunderstanding on how the statement, as published in the final rule
that ``Heat transfer usually requires 1 hour for each inch of diameter
at 150 [deg]F,'' has been interpreted. Citing the statement was not
intended to be a requirement but rather included as an informational
statement. The Agency's position is supported by the USDA Agriculture
Handbook #40, printed in 1952 and the current ANSI 05.1 pole
specification (Paragraph 5.2.1.6), where there is no basis for
compliance.
Comment 6: Three commenters requested that in addition to a
calibrated recording chart, RUS acknowledge that electronic or digital
storage of temperatures and pressures during the treating cycle is also
acceptable.
Agency Response: The Agency agrees and includes the digital storage
in this final rule to keep up with the industry practice.
Comment 7: Two commenters recommended that the information in the
present 8d(3)(b)(3) concerning re-treatment should be removed and be
combined with the information in the present 8e(3) as they are
presently duplicative.
Agency Response: The Agency agrees and in this final rule we
removed the duplicated info in 8d(3)(b)(3) and combined with Item 8e(3)
in the final rule.
Comment 8: Two commenters noted that the tables should be re-
numbered to be in a continuous sequence with all references to the
tables being adjusted to reflect the changes.
Agency Response: The Agency agrees with the commenters and in this
final rule we renumbered the tables numbers in a continuous sequence
and all references to the tables are updated accordingly.
Comment 9: Two commenters noted that the word ``cedar'' is used in
the bulletin without clarifying whether it is Western Red Cedar or
Alaskan Yellow Cedar or both.
Agency Response: The Agency does not see a need to clarify the word
``cedar'' when specifications are applicable to both. They are normally
not separated from one another during the production process.
Comment 10: Three commenters recommended that in Appendix A
paragraph 4b(3) Kiln Drying, Red Pine should be added to the species
allowed to be dried at above 170 [deg]F.
Agency Response: The Agency agrees with the comment and in this
final rule we added Red Pine to the species allowed to be dried at
above 170 [deg]F in this final rule.
Comment 11: Two commenters noted that Table 10, in the middle
section should be labeled as ``Thermal Process'' not ``Pressure and
Thermal process.''
Agency Response: The Agency agrees and in this final rule we
deleted ``Pressure and'' and keep ``Thermal
[[Page 57018]]
Process'' in the table. Note that the table is now Table 8 after the
table renumbering.
Comment 12: Two commenters noted that Table 10 in the revised
specification has a new Note ``M'' which concerns a second (inner)
assay zone for Douglas Fir transmission poles. There is no footnote M
referenced in the body of the table. The assay zone specified in Note M
would be the zone 1.0 to 1.5 inches from the surface which disagrees
with the requirements found in AWPA T-1 which the RUS specification
references. All Douglas Fir transmission poles are required by the RUS
specification to be deep incised or radial drilled to 2\1/2\ inches in
depth and AWPA would specify the inner assay zone as the zone 2.0 to
2.5 inches from the surface. The requirement in the note to Table 10 is
far less stringent than the AWPA requirements which may indicate an
error has been made in Note M. A superscript M should be added to the
Douglas Fir line in the Table.
Agency Response: In this final rule, the Agency incorporated the
corrections of Note M to the Table and an inner assay zone 2.0''-2.5''
is used as in the AWPA. A superscript M is added to the Douglas Fir
line in the Table.
Comment 13: Two commenters requested that the Poles Framing Guide
in Figure 2 should be modified to include the additional holes that are
``very frequently'' being requested by RUS Borrowers. ``RUS should
survey the RUS Borrowers to identify the size and placement of these
additional holes and add them to the drawing as allowed optional holes.
The lack of framing uniformity by the RUS Borrowers makes it impossible
to maintain a single reserve treated stock that could be shipped to all
RUS Borrowers. Addition of these additional holes to the framing
drawing as acceptable optional holes would allow a supplier, at his own
expense, to provide the additional holes on all poles and have them be
accepted by all RUS Borrowers.''
Agency Response: Most RUS borrowers continue to use standard M-20
framing. At the current time, RUS will not make changes to the M-20
framing pattern nor adding a note, as it would take a codified revision
of another bulletin to do so. In the future, should the majority of
cooperative borrowers across the country begin requesting special
framing, RUS will consider making such a change during the next
regulation revision cycle.
Comment 14: One commenter noted that additional language on an
alternate referee method on ring count is not necessary.
Agency Response: Agency disagrees. As an additional volume of lower
density timber moves into the pole market, accurate determination of
ring count becomes very important. The Agency has added the following
ANSI O5.1 language in the rule per the commenter: ``For poles that
exhibit a non-uniform growth rate around the circumference, the average
growth rate shall be determined at the midpoint of the shortest arc
between the point showing the fewest growth rings in the required zone
and the point showing the most growth rings in the required zone.''
Comments and Responses Relevant to 7 CFR 1728.201, Bulletin 1728F-701,
Specification for Wood Crossarms (Solid and Laminated), Transmission
Timbers and Pole Keys
Comment 1: Three commenters noted that the word ``round'' should be
changed back to the original word ``sound'' in the appropriate places.
Agency Response: The typo is corrected, and the word ``sound''
replaced the word ``round'' to correct the typo.
Comment 2: Three commenters requested that die-stamping must be
returned as an allowable means to mark crossarms as the largest
crossarm manufacturer no longer burn brands the arms due to fire safety
issues in the plant.
Agency Response: The Agency agrees and in this final rule added
back in two places Die-stamping, however, Dye-stamping is not allowed
as it will not last long (<18 months).
Comment 3: Four commenters asked to allow RUS Borrowers to choose
from ``any of the preservatives approved in the AWPA Standards for the
commodities being purchased''.
Agency Response: RUS maintains an approved List of Materials. For
borrowers desiring to use materials that are not on the List, there is
a process where approval to use such materials can be requested from
RUS on a case-by-case basis. The same process would apply to any AWPA
approved preservative that is not listed in this RUS specification. RUS
reviewed DCOI application package focusing on Treatability and field
pole stub/post-test and determined to include AWPA approved DCOI in RUS
bulletins as a new preservative to address the discontinuation of
Pentachlorophenol (penta).
Comments and Responses Relevant Only 7 CFR 1728.202, Bulletin 1728H-
702, Specification for Quality Control and Inspection of Timber
Products
Comment 1: Two commenters noted that the referee methods shown in
Table 1 to Paragraph (b)(10) do not agree in all cases with the referee
methods shown in AWPA Standard A15-19.
Agency Response: The listing of X-ray spectroscopy as the referee
method for water-borne preservatives instead of the previous wet ash
chemistry method was due to the complexity of the method itself and the
fact that few companies currently have the necessary experience or
facilities required to run a wet ash. The Agency in this final rule
revised the table as follows, which includes the methods for DCOI:
------------------------------------------------------------------------
Preservative Analytical method Referee method
------------------------------------------------------------------------
Pentachlorophenol........... XRF, Lime Ignition, Lime Ignition,
Copper Pyridine. Copper Pyridine.
Creosote.................... Toluene Extraction.. Toluene Extraction.
Waterborne.................. XRF................. XRF.
Copper Naphthenate.......... XRF................. ICP, GC.
DCOI........................ XRF, HPLC........... HPLC.
------------------------------------------------------------------------
XRF--X-ray fluorescence.
HPLC--High Performance Liquid Chromatography.
ICP--Inductively coupled plasma.
GC--Gas Chromatography.
Comment 2: Two commenters requested to allow the use of a set of
graduated treated wood samples for calibration of an XRF used for penta
analysis. Table 1 to Paragraph (b)(10) should be amended to show XRF
also as an allowable method for penta and the text should be amended to
add AWPA A9 to the present reference to AWPA A83.
Agency Response: A change is made to allow the use of a set of
graduated
[[Page 57019]]
treated wood samples for calibration of an XRF used for penta analysis.
The Agency wants to note that this is for calibration of XRF units and
does not relieve the inspection agencies from the requirement that they
maintain laboratories that are properly equipped to run the listed
referee methods. As listed in the table above, XRF will be an allowable
method for penta. ``AWPA A83'' in the paragraph will be replaced with
``AWPA A83 or AWPA A9''.
IV. Summary of Changes
In addition to the final rule changes published in the Federal
Register on June 18, 2019, the following is a summary of other changes
to these three bulletins as a result of public comments and Agency
clarifications:
1. All references cited in these bulletins are updated to the
latest edition in 7 CFR 1728.201, Bulletin 1728H-701 and 1728.202
Bulletin 1728H-702 or ``the latest version'' is used in Bulletin 1724F-
700 (incorporated by reference at Sec. 1728.97).
2. AWPA approved 4,5 Dichloro-2-n-octyl-4-isothiazolin-3 one (DCOI)
is included in 1728F-700 (incorporated by reference at Sec. 1728.97),
7 CFR 1728.201 Bulletin 1728H-701, and 7 CFR 1728.202 Bulletin 1728H-
702 as a new preservative to address the discontinuation of
Pentachlorophenol, another preservative.
3. AWPA A30-18, Standard Method for the Determination of 4,5
Dichloro-2-n-octyl-4-isothiazolin-3 one (DCOI) in Wood and Solutions by
High Performance Liquid Chromatography, is incorporated by reference in
Sec. 1728.97 to support the inclusion of DCOI as a RUS approved
preservative in Bulletin 1724F-700 (incorporated by reference at Sec.
1728.97) and 7 CFR 1728.202 Bulletin 1728H-702.
4. ANSI O5.1 language on ring count is added as an alternate
referee method to determine a non-uniform growth rate in Bulletin
1728F-700.
5. Table 8 in Bulletin 1728F-700 is updated to be consistent with
the upcoming AWPA Standards, 2021.
6. An Analytical Method column is added in Table 1 to Paragraph
(b)(10) for those preservatives in 7 CFR 1728.202 Bulletin 1728F-702.
7. In Bulletin 1728F-700, Section 8.d.(3).(a), to clarify the
dimension from (b) For Group B poles (Those poles with a circumference
of more than 37.5 inches at 6 feet from butt); will now read (b) For
Group B poles (Those poles with a circumference of 37.5 inches or
greater at 6 feet from butt).
8. In 7 CFR 1728.202 Bulletin 1728H-702, a supplemental correction
is made to include a paragraph on quality marks on crossarms. This is
not a new requirement. The quality marks have been applied as an
industry practice. The paragraphs in Section (g), have been renumbered
with the addition of a new clarifying paragraph below.
``Third-party inspectors shall verify their acceptance of untreated
crossarms that have been offered by the producer as conforming by
marking each accepted piece in one end with a clear, legible hammer
stamp. Following treatment, inspectors shall verify their acceptance of
treated crossarms that have been offered by the producer as conforming
by marking each accepted piece in the opposing end with a clear,
legible hammer stamp. The inspector shall personally mark each piece
for acceptance and shall not delegate this responsibility to any other
individual.''
9. Changes relevant to Bulletin 1728F-700 (incorporated by
reference at Sec. 1728.97), 7 CFR 1728.201 Bulletin 1728H-701, and 7
CFR 1728.202 Bulletin 1728H-702:
Specifications requiring that all third-party agencies involved in
the inspection of RUS products must, on an annual basis, provide RUS
Technical Standards Committee ``A'' with proof that the agency does
have: (1) The required insurance coverage, and (2) the required, fully
equipped laboratory capable of running each of the referee methods of
analysis.
While these two requirements themselves are not new, providing
proof of such to RUS on an annual basis is new. The reason for making
this change is that in recent years, there apparently have been several
instances where third-party agencies involved in RUS inspection did not
have the required insurance or the required lab facilities. Given that
RUS currently does not have the ability to provide an active overview
of these third-party agencies, this change simply provides RUS with a
method for checking the basic legitimacy of any company involved in the
inspection of RUS treated wood products. It also provides both RUS and
the cooperative borrower with some possible source of fiscal recovery
if problems with product service in line can be traced back to
performance issues involving the third-party agency being utilized.
Incorporation by Reference
Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs and
Anchor Logs. This specification describes the minimum acceptable
quality of wood poles, stubs, telephone pedestal stubs, and anchor logs
(hereinafter called poles, except where specifically referred to as
stubs or anchor logs) purchased by or for RUS borrowers. The
requirements of this specification implement contractual provisions
between RUS and borrowers receiving financial assistance from RUS.
RUS provides free online public access to view and download copies
of Bulletin 1728-F 700. The RUS website to view and download this
bulletin is: https://www.rd.usda.gov/resources/regulations/bulletins.
ANSI O5.2-2020, Structural Glued Laminated Timber for Utility
Structures, covers requirements for manufacturing and quality control
of structural glued laminated timber of Southern Pine, Coastal Region
Douglas Fir, Hem Fir and other species of similar treatability for
electric power and communication structures.
ANSI standards are reasonably available to obtain by calling 212-
642-4980 or by online access at their web address: https://webstore.ansi.org/ for a fee. ANSI O5.2-2020 is also available for a
fee in ANSI O5.--Wood Poles Package.
AWPA A6-20, Method for the Determination of Oil-Type Preservatives
and Water in Wood. This method is suitable for the determination of
creosote, petroleum, and their solutions in treated wood when the
sample contains at least 5.0 grams of wood and one gram of oil.
Preservatives, such as copper naphthenate, or pentachlorophenol or
DCOI, may not be quantitatively extracted by this method. The method
can also be used for the determination of water in treated or untreated
wood, but when it is so used, the directions on handling the sample in
Standard M2 must be followed carefully.
AWPA A9-20, Standard Method for Analysis of Treated Wood and
Treating Solutions By X-Ray Spectroscopy. This method provides for the
non-destructive analysis of treated wood and treating solutions by X-
ray fluorescence spectroscopy and is applicable to the determination of
elements of atomic number 5 or higher that are present in significant
quantity in the wood (usually above 0.05%). The elements covered in
this method are specified for use in preservative and fire-retardant
treatment of wood.
AWPA A15-19, Referee Methods. Referee methods are given to assist
in the resolution of disputes over the acceptability of the active(s)
in treated wood products.
AWPA A30-18, Standard Method for the Determination of 4,5 Dichloro-
2-n-octyl-4-isothiazolin-3 one (DCOI) in Wood and Solutions by High
Performance Liquid Chromatography. This describes the method useful for
the
[[Page 57020]]
chemical analysis of DCOI in wood and solutions.
AWPA A69-18, Standard Method to Determine the Penetration of Copper
Containing Preservatives, is employed to determine the penetration
depth of copper containing preservatives into treated wood to decide
whether the treated product meets acceptance levels as prescribed in
treatment standards.
AWPA A70-18, Standard Method to Determine the Penetration of
Pentachlorophenol Using a Silver-Copper Complex Known as Penta-Check.
This standard is employed to determine the penetration depth of
pentachlorophenol containing preservatives where the wood has been
treated with pentachlorophenol dissolved in light-colored Hydrocarbon
Solvent Type A or Hydrocarbon Type C of AWPA Standard P9 into treated
wood to decide whether the treated product meets acceptance levels as
prescribed in treatment standards.
AWPA A71-18, Standard Methods for Determining Penetration of
Solvent Used with Oil-Soluble Preservatives. This standard is provided
exclusively for determining the penetration of oil-soluble organic
biocides in wood where the wood has been treated with the oil-soluble
organic biocide dissolved in light-colored Hydrocarbon Solvent Type A
of AWPA Standard P9.
AWPA M2-19, Standard for the Inspection of Preservative Treated
Products for Industrial Use. This Standard provides procedures for
inspection at wood preserving plants of industrial products including
but not limited to poles, crossarms, piling, ties, timbers, round posts
and composite wood products. This Standard also contains detailed
procedures and test methods for determining the conformance of treated
wood products with specified standards or other written product quality
specifications.
AWPA T1-20, Use Category System: Processing and Treatment Standard.
This Processing and Treatment Standard contains the minimum
requirements and process limitations for treating wood products under
the AWPA Standards. This includes conditioning of material for
treatment, treatment processes and limitations, end-results of
treatment, post treatment handling, and quality control applicable to
all commodities treated under the AWPA Use Category System.
AWPA U1-20, Use Category System: User Specification for Treated
Wood. The Use Category System (UCS) of the American Wood Protection
Association (AWPA) designates what preservative systems and retentions
have been determined to be effective in protecting wood products under
specified exposure conditions.
AWPA standards are reasonably available to obtain for a fee by
calling 1-855-999-9870 or by online access at the web address: https://www.techstreet.com/standards/awpa-book-2020?product_id=2110160%20h for
a fee. AWPA standards are also available for a fee in 2020-AWPA Book of
Standards at https://awpa.com/standards.
AWPA A83-18, which appears in the regulatory text, was previously
approved for Sec. 1728.202 June 18, 2019.
List of Subjects
7 CFR Part 1728
Electric power, Incorporation by reference, Loan programs--energy,
Reporting and recordkeeping requirements, Rural areas.
7 CFR Part 1755
Incorporation by reference, Loan programs--communications,
Reporting and recordkeeping requirements, Rural areas, Telephone.
For reasons set forth in the preamble, chapter XVII of title 7 of
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. Amend Sec. 1728.97 by:
0
a. In the introductory text, remove the text ``call (202) 741-6030''
and add in its place the text ``email [email protected]''; and
0
b. Revising paragraphs (a)(21), (c)(1), and (e).
The revisions read as follows:
Sec. 1728.97 Incorporation by reference of electric standards and
specifications.
* * * * *
(a) * * *
(21) Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs
and Anchor Logs, September 9, 2021, incorporation approved for
Sec. Sec. 1728.98 and 1728.202.
* * * * *
(c) * * *
(1) ANSI O5.2-2020, Structural Glued Laminated Timber for Utility
Structures, approved January 10, 2020, incorporation by reference
approved for Sec. Sec. 1728.201 and 1728.202.
* * * * *
(e) American Wood Protection Association (AWPA), P.O. Box 361784,
Birmingham, AL 35236-1784, telephone 205-733-4077, www.awpa.com.
(1) AWPA A6-20, Standard for the Determination of Retention of Oil-
Type Preservatives from Small Samples, Revised 2020, incorporation by
reference approved for Sec. 1728.202.
(2) AWPA A9-20, Standard Method for Analysis of Treated Wood and
Treating Solutions By X-Ray Spectroscopy, Revised 2020, incorporation
by reference approved for Sec. 1728.202.
(3) AWPA A15-19, Referee Methods, Revised 2019, incorporation by
reference approved for Sec. 1728.202.
(4) AWPA A30-18, Standard Method for the Determination of 4,5
Dichloro-2-n-octyl-4-isothiazolin-3 one (DCOI) in Wood and Solutions by
High Performance Liquid Chromatography (HPLC), Revised 2018,
incorporation by reference approved for Sec. 1728.202.
(5) AWPA A69-18, Standard Method to Determine the Penetration of
Copper Containing Preservatives, Reaffirmed 2018, incorporation by
reference approved for Sec. 1728.202.
(6) AWPA A70-18, Standard Method to Determine the Penetration of
Pentachlorophenol Using a Silver-Copper Complex Known as Penta-Check,
Reaffirmed in 2018, incorporation by reference approved for Sec.
1728.202.
(7) AWPA A71-18, Standard Method to Determine the Penetration of
Solvent Used with Oil-Soluble Preservatives, Reaffirmed 2018,
incorporation by reference approved for Sec. 1728.202.
(8) AWPA A83-18, Standard Method for Determination of Chloride for
Calculating Pentachlorophenol in Solution or Wood, Reaffirmed 2018,
incorporation by reference approved for Sec. 1728.202.
(9) AWPA M2-19, Standard for the Inspection of Preservative Treated
Products for Industrial Use, Revised 2019, incorporation by reference
approved for Sec. 1728.202.
(10) AWPA T1-20, Use Category System: Processing and Treatment
Standard, Revised 2020, incorporation by reference Sec. 1728.201.
(11) AWPA U1-20, Use Category System: User Specification for
Treated Wood, Revised 2020, incorporation by reference approved for
Sec. Sec. 1728.201 and 1728.202.
* * * * *
0
3. Amend Sec. 1728.98 by revising paragraph (a)(21) to read as
follows:
Sec. 1728.98 Electric standards and specifications.
(a) * * *
[[Page 57021]]
(21) Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs
and Anchor Logs, September 9, 2021.
* * * * *
0
4. Amend Sec. 1728.201 by:
0
a. Adding paragraph (b)(11);
0
b. Revising paragraphs (d)(3) introductory text, (d)(3)(i), (h)(1),
(i)(2)(ii), and (j)(4)(ii);
0
c. Adding paragraph (j)(4)(v); and
0
d. Revising paragraphs (k)(1), (k)(3) introductory text, and (k)(3)(iv)
and (v).
The additions and revisions read as follows:
Sec. 1728.201 Bulletin 1728H-701, Specification for Wood Crossarms
(Solid and Laminated), Transmission Timbers and Pole Keys.
* * * * *
(b) * * *
(11) Arm producers shall have and maintain liability insurance in
the amount of $1 million. Evidence of compliance to this requirement
shall be forwarded to the RUS annually. The evidence shall be in the
form of a certificate of insurance or a bond signed by a representative
of the insurance company or Surety Bonding company and include a
provision that no change in, or cancellation of, will be made without
the prior written notice to the Chairman, Technical Standards Committee
``A'' (Electric), 1400 Independence Ave. SW, Stop 1569, Washington, DC
20250-1569.
* * * * *
(d) * * *
(3) Knots. Well-spaced sound, firm, and tight knots are permitted.
(i) Slightly decayed knots are permitted, except on the top face,
provided the decay extends no more than \3/4\ of an inch into the knot
and provided the cavities will drain water when the arm is installed.
For knots to be considered well-spaced, the sum of the sizes of all
knots in any 6 inches of length of a piece shall not exceed twice the
size of the largest knot permitted. More than one knot of maximum
permissible size shall not be in the same 6 inches of length. Slightly
decayed, firm, or sound ``pin knots'' (\3/8\ of an inch or less) are
not considered in size, spacing, or zone considerations.
* * * * *
(h) * * *
(1) Creosote, water-borne preservatives, pentachlorophenol, DCOI,
and copper naphthenate shall conform to the requirements of AWPA U1
(incorporated by reference at Sec. 1728.97). Oxide formulations of
waterborne preservatives shall be supplied. If CCA is the selected
preservative, CCA-C shall be the type required.
* * * * *
(i) * * *
(2) * * *
------------------------------------------------------------------------
Max. time
(hours) Temperature
------------------------------------------------------------------------
* * * * * * *
(ii) Heating in Preservative.......... 3 210 [deg]F
------------------------------------------------------------------------
* * * * *
(j) * * *
(4) * * *
------------------------------------------------------------------------
Retention
Preservative (pcf)
------------------------------------------------------------------------
* * * * *
(ii) Pentachlorophenol.................................. \1\ 0.4/0.36
* * * * *
(v) DCOI................................................ 0.13
------------------------------------------------------------------------
\1\ If the copper pyridine method is used when timbers may have been in
contact with salt water, a penta retention of 0.36 pcf is required for
all species native to the Pacific Coast region.
* * * * *
(k) * * *
(1) Before treatment, arms shall be legibly branded (hot brand) or
die-stamped to a depth of approximately \1/16\ of an inch, with the top
of the brand oriented to the top of the arm. The brand shall be placed
on either of the wide surfaces of the arm, approximately one foot from
the midpoint of the piece.
* * * * *
(3) The brand or die-stamp shall include:
* * * * *
(iv) Preservative (C for creosote, DA for DCOI, PA for penta, SK
for CCA, SZ for ACZA, N for Copper Naphthenate); and
(v) Required retention. An example of required retention is: M-6-16
Manufacturer--Month--Year and DF-PA-.4 Douglas-fir-penta treated--.40
pcf retention.
* * * * *
0
5. Amend Sec. 1728.202 by:
0
a. Revising paragraphs (b)(10) and (d);
0
b. In paragraph (e)(5):
0
i. Removing the superscript ``1'' in the fifth table heading; and
0
ii. Redesignating footnote 1 to table 2 as note 2 to table 2 and
revising newly redesignated note 2;
0
c. Revising paragraph (e)(7); and
0
d. Redesignating paragraph (g)(2) as paragraph (g)(3) and adding a new
paragraph (g)(2).
The revisions and addition read as follows:
Sec. 1728.202 Bulletin 1728H-702, Specification for Quality Control
and Inspection of Timber Products.
* * * * *
(b) * * *
(10) Inspection agencies shall maintain their own properly equipped
laboratory that, at a minimum, is able to run the referee methods
listed in table 1 to this paragraph (b)(10) for retention analysis for
all preservatives being inspected. This laboratory shall be independent
from any treating plant laboratory. Inspection Agencies may use one
central laboratory. All XRF units maintained by third party inspection
agencies as part of their RUS required laboratories shall be calibrated
at least quarterly by said agency utilizing the referee method for each
preservative treatment being analyzed or via comparison with a set of
graduated treated wood standards. Each agency shall keep an up-to-date
written record of these quarterly calibration results. AWPA A83 or AWPA
A9 (incorporated by reference at Sec. 1728.97) shall be followed for
Pentachlorophenol testing, AWPA-A30 or AWPA A9 (incorporated by
reference at Sec. 1728.97) shall be followed for DCOI testing, AWPA A6
(incorporated by reference at Sec. 1728.97) shall be followed for
Creosote testing, and AWPA A9 (incorporated by reference at Sec.
1728.97) shall be followed for XRF, as illustrated in the following
table:
[[Page 57022]]
Table 1 to Paragraph (b)(10)
----------------------------------------------------------------------------------------------------------------
Preservative Analytical method Referee method
----------------------------------------------------------------------------------------------------------------
Pentachlorophenol.................. XRF, Lime Ignition, Copper Lime Ignition, Copper Pyridine.
Pyridine.
Creosote........................... Toluene Extraction......... Toluene Extraction.
Waterborne......................... XRF........................ XRF.
Copper Naphthenate................. XRF........................ ICP, GC.
DCOI............................... XRF, HPLC.................. HPLC.
----------------------------------------------------------------------------------------------------------------
Note 1 to table 1 to paragraph (b)(10): XFR means X-ray fluorescence; HPLC means High Performance Liquid
Chromatography; ICP means Inductively coupled plasma; and GC means Gas Chromatography.
* * * * *
(d) Preservatives. Creosote, waterborne preservatives,
pentachlorophenol, DCOI, and copper naphthenate shall conform to
current AWPA U1 (incorporated by reference in Sec. 1728.97).
(e) * * *
(5) * * *
Note 2 to table 2 to paragraph (e)(5): Retention and penetration
requirements for each different species and preservative are listed
in Table 8 of Appendix A, RUS Bulletin 1728F-700, Specification for
Wood Poles, Stubs and Anchor Logs (incorporated by reference at
Sec. 1728.97).
* * * * *
(7) Penetration compliance of both poles and crossarms shall be
determined in accordance with the standard AWPA A15 (incorporated by
reference at Sec. 1728.97). Chrome Azurol S shall be used to determine
the penetration of copper containing preservatives AWPA A69
(incorporated by reference at Sec. 1728.97), Penta-Check shall be used
to determine the penetration of penta AWPA A70 (incorporated by
reference at Sec. 1728.97), and Red-O dye for penetration of DCOI AWPA
A71 (incorporated by reference at Sec. 1728.97), respectively.
* * * * *
(g) * * *
(2) Third-party inspectors shall verify their acceptance of
untreated crossarms that have been offered by the producer as
conforming by marking each accepted piece in one end with a clear,
legible hammer stamp. Following treatment, inspectors shall verify
their acceptance of treated crossarms that have been offered by the
producer as conforming by marking each accepted piece in the opposing
end with a clear, legible hammer stamp. The inspector shall personally
mark each piece for acceptance and shall not delegate this
responsibility to any other individual.
* * * * *
PART 1755--TELECOMMUNICATIONS POLICIES ON SPECIFICATIONS,
ACCEPTABLE MATERIALS, AND STANDARD CONTRACT FORMS
0
6. 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.
0
7. Amend Sec. 1755.97 by revising paragraph (b)(13) to read as
follows:
Sec. 1755.97 Telephone standards and specifications.
* * * * *
(b) * * *
(13) Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs
and Anchor Logs, September 9, 2021.
* * * * *
0
8. Amend Sec. 1755.98 by revising paragraph (a) to read as follows:
Sec. 1755.98 List of telecommunications specifications included in
other 7 CFR parts.
* * * * *
------------------------------------------------------------------------
Section Issue date Title
------------------------------------------------------------------------
(a) 1728.202................... 9.9.2021 RUS Specification for
Quality Control and
Inspection of Timber
Products.
* * * * * * *
------------------------------------------------------------------------
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2021-22255 Filed 10-13-21; 8:45 am]
BILLING CODE 3410-15-P