[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Rules and Regulations]
[Pages 26961-26963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09606]



 ========================================================================
 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 
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  Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Rules and 
Regulations  

[[Page 26961]]



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; Correction

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule; technical correction.

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

SUMMARY: The Rural Utilities Service, a Rural Development agency in the 
United States Department of Agriculture, published a final rule on 
October 14, 2021, effective date of publication, amending its 
regulations on Electric and Telecommunications Standards and 
Specifications for Materials, Equipment and Construction to keep RUS 
standards current with the technology advances and consistent with the 
industry practice. This document corrects inadvertent errors that were 
published in that final rule, replaces an incorporated standard 
inadvertently removed from the centralized index section, and updates 
the incorporation by reference of RUS Bulletin 1728F-700, RUS 
Specification for Wood Poles, Stubs and Anchor Logs.

DATES: Effective May 6, 2022.
    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 May 6, 2022. The incorporation by reference 
of certain other publications listed in this rule was approved by the 
Director of the Federal Register as of June 18, 2019 and October 14, 
2021.

ADDRESSES: The material incorporated by reference is available at: 
https://www.rd.usda.gov/resources/regulations/bulletins.

FOR FURTHER INFORMATION CONTACT: Chendi Zhang, Mechanical Engineer 
Engineering Standards Branch, Electric Programs [verbar] Rural 
Utilities Service [verbar] Rural Development U.S. Department of 
Agriculture, 1400 Independence Ave. SW [verbar] Washington, DC 20250-
1567 [verbar] Phone: 202-690-9032 [verbar] 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 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

    The program described by this final rule is listed in the 
Assistance Listings (formerly the Catalog of Federal Domestic 
Assistance Programs) as No. 10.850, Rural Electrification Loans and 
Loan Guarantees. These Federal assistance program listings are 
available at the following Sam.gov website: https://sam.gov/content/assistance-listing/federal.

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.

[[Page 26962]]

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; Bulletin 
1728H-701, ``Specification for Wood Crossarms (Solid and Laminate), 
Transmission Timbers, and Pole Keys'', codified at 7 CFR 1728.201; and 
Bulletin 1728H-702, ``Specification for Quality Control and Inspection 
of Timber Products'', codified at 7 CFR 1728.202.

II. Purpose of the Regulatory Action

    This Final rule; technical correction corrects inadvertent errors 
in the Final rule; response to comments published in the Federal 
Register (86 FR 57015) on October 14, 2021 (October final rule).

III. Summary of Corrections

    The updates and corrections to the October final rule are as 
follows:

A. Bulletin 1728F-700 ``RUS Specification for Wood Poles, Stubs and 
Anchor Logs'' (Incorporated by Reference at Sec.  1728.97)

    (The update and corrections detailed below describe changes to the 
text of the Bulletin, which does not appear in this Final rule; 
technical corrections, since the Bulletin is incorporated by 
reference.)
     Update the current date of issuance date.
     In paragraph 5(b), remove the incorrect entry of 2 years 
and replacing it with 1 year that no material treated with creosote, 
pentachlorophenol, DCOI or copper naphthenate shall be shipped for use 
on a RUS borrower's system later than 1 year following the original 
treatment date branded on the material; and
     Correct the requirements for Copper Naphthenate retentions 
in Table 8 in Appendix A.

B. Bulletin 1728H-702, ``Specification for Quality Control and 
Inspection of Timber Products'' (Codified at 7 CFR 1728.202)

     Add the annual requirement of submitting the lab 
certificate from the amendatory language, that was discussed in the 
Summary of Changes but inadvertently omitted from the amendatory 
language for Sec.  1728.202 in the October final rule.

C. Corresponding and Miscellaneous CFR Amendments

     Update the date of issuance for Bulletin 1728F-700, ``RUS 
Specification for Wood Poles, Stubs and Anchor Logs'', in Sec.  1728.97 
and 1755.97.
     Update the date of issuance for Bulletin 1728H-702, 
``Specification for Quality Control and Inspection of Timber 
Products'', in Sec.  1755.98.
     Add AWPA M3-16, ``Standard for the Quality Control of 
Preservative Treated Products for Industrial'' back into Sec.  1728.97, 
from which it was inadvertently deleted.

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: http://www.rd.usda.gov/resources/regulations/bulletins.
    The following standards were previously approved for incorporation 
by reference and their use continues unchanged: AWPA A6, AWPA A9, and 
AWPA A83.

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., and 6941 et seq.


0
2. Amend Sec.  1728.97 by:

[[Page 26963]]

0
a. Revising paragraph (a)(21); and
0
b. Redesignating paragraphs (e)(10) and (11) as paragraphs (e)(11) and 
(12) and adding new paragraph (e)(10).
    The revision and addition 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 (April 18, 2022), incorporation approved for Sec. Sec.  
1728.98 and 1728.202.
* * * * *
    (e) * * *
    (10) AWPA M3-16, Standard for the Quality Control of Preservative 
Treated Products for Industrial Use, Revised 2016, incorporation by 
reference approved for Sec. Sec.  1728.201 and 1728.202.
* * * * *

0
3. Amend Sec.  1728.202 by:
0
a. Removing paragraph (b)(10) introductory text;
0
b. Adding paragraph (b)(10)(i);
0
c. Revising the heading for table 1 to paragraph (b)(10) and revising 
the heading for note 1 to paragraph (b)(10); and
0
d. Adding paragraphs (b)(10)(ii) and (iii).
    The additions and revisions read as follows:


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

* * * * *
    (b) * * *
    (10)(i) 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.

Table 1 to Paragraph (b)(10)(i)

* * * * *
    Note 1 to table 1 to paragraph (b)(10)(i): * * *
    (ii) Inspection agencies shall, on an annual basis, provide RUS 
Technical Standards Committee ``A'' with proof that the agency does 
have the required, fully equipped laboratory capable of running each of 
the referee methods of analysis as illustrated in table 1 to paragraph 
(b)(10)(i) of this section. AWPA A83 or AWPA A9 (both incorporated by 
reference at Sec.  1728.97) shall be followed for Pentachlorophenol 
testing.
    (iii) AWPA A30 (incorporated by reference at Sec.  1728.97) or AWPA 
A9 shall be followed for DCOI testing. AWPA A6 (incorporated by 
reference at Sec.  1728.97) shall be followed for Creosote testing and 
AWPA A9 shall be followed for XRF, as illustrated in table 1 to 
paragraph (b)(10)(i) of this section.
* * * * *

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

0
4. The authority citation continues to read as follows:

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


0
5. Amend Sec.  1755.97 by revising paragraphs (a)(1) and (b)(13) to 
read as follows:


Sec.  1755.97   Telephone standards and specifications.

    (a)(1) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. This material is available for 
inspection at the Rural Utilities Service (RUS) and at the National 
Archives and Records Administration (NARA). Contact the RUS at: 1400 
Independence Ave. SW, Washington, DC, 202-692-0042; email: 
[email protected]; Telephone number: 202-692-0042; https://www.rd.usda.gov/resources/regulations/bulletins. For information on the 
availability of this material at NARA, email: [email protected], 
or go to: www.archives.gov/federal-register/cfr/ibr-locations.html. The 
material may be obtained from the following source(s):
* * * * *
    (b) * * *
    (13) Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs 
and Anchor Logs, April 18, 2022.
* * * * *

0
6. 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..................................       4.18.2022  RUS Specification for Quality Control and
                                                                 Inspection of Timber Products.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2022-09606 Filed 5-5-22; 8:45 am]
BILLING CODE 3410-15-P