Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 19525 

specific medical loss ratio for * is 

accurate, complete, and consistent with 

the methodology as stated in 

§ 1615.402(c)(3)(ii). 

*Insert the year for which the MLR 

calculation applies. 

Firm: lllllllllllllll

Name: lllllllllllllll

Signature: lllllllllllll

Date of Execution: llllllllll

(End of certificate) 

Subchapter H—Clauses and Forms 

PART 1652—CONTRACT CLAUSES 

■ 6. The authority citation for Part 1652 

continues to read as follows: 

Authority: 5 U.S.C. 8913; 40 U.S.C. 486(c); 

48 CFR 1.301. 

■ 7. In § 1652.216–70, revise paragraph 

(b)(4) to read as follows: 

§ 1652.216–70 Accounting and price 

adjustment. 

* * * * * 

(b) * * * 

(4) If rates are determined by 

comparison with the FEHB-specific 

MLR threshold, then if the MLR for the 

carrier’s FEHB plan is found to be lower 

than the published FEHB-specific MLR 

threshold, the carrier must pay a 

subsidization penalty equal to the 

difference into a subsidization penalty 

account. 

* * * * * 

[FR Doc. 2012–7835 Filed 3–30–12; 8:45 am] 

BILLING CODE 6325–64–P 

DEPARTMENT OF AGRICULTURE 

Food and Nutrition Service 

7 CFR Part 210 

[FNS–2011–0021] 

RIN 0584–AE11 

National School Lunch Program: 

School Food Service Account Revenue 

Amendments Related to the Healthy, 

Hunger-Free Kids Act of 2010; 

Approval of Information Collection 

Request 

AGENCY: Food and Nutrition Service, 

USDA. 

ACTION: Interim final rule; approval of 

information collection request. 

SUMMARY: The Food and Nutrition 

Service published an interim final rule 

entitled ‘‘National School Lunch 

Program: School Food Service Account 

Revenue Amendments Related to the 

Healthy, Hunger-Free Kids Act of 2010’’ 

on June 17, 2011. The Office of 

Management and Budget (OMB) cleared 

the associated information collection 

requirements (ICR) on February 6, 2012. 

This document announces approval of 

the ICR. 

DATES: The ICR associated with the 

interim rule published in the Federal 

Register on June 17, 2011, at 76 FR 

35301, was approved by OMB on 

February 6, 2012, under OMB Control 

Number 0584–0565. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Rodgers-Kuperman, Chief, 

Program Analysis and Monitoring 

Branch, Child Nutrition Division, Food 

and Nutrition Service, USDA, 3101 Park 

Center Drive, Room 640, Alexandria, 

Virginia 22302, (703) 305–2600, or 

Lynn.Rogers@fns.usda.gov. 

SUPPLEMENTARY INFORMATION: The June 

2011 rule amended National School 

Lunch Program (NSLP) regulations to 

conform to requirements contained in 

the Healthy, Hunger-Free Kids Act of 

2010 (Pub. L. 111–296) regarding equity 

in school lunch pricing and revenue 

from nonprogram foods sold in schools. 

It requires school food authorities 

(SFAs) participating in the NSLP to 

provide the same level of financial 

support for lunches served to students 

who are not eligible for free or reduced 

price lunches as is provided for lunches 

served to students eligible for free 

lunches, and also that all food sold in 

a school and purchased with funds from 

the nonprofit school food service 

account, other than meals and 

supplements reimbursed by the 

Department of Agriculture, must 

generate revenue at least equal to the 

cost of such foods. The rule too 

comments on its ICR until August 16, 

2011. This document announces OMB’s 

approval of the ICR under OMB Control 

Number 0584–0565. 

Dated: March 26, 2012. 

Audrey Rowe, 

Administrator, Food and Nutrition Service. 

[FR Doc. 2012–7762 Filed 3–30–12; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Part 1728 

Specification for 15 kV and 25 kV 

Primary Underground Power Cable 

AGENCY: Rural Utilities Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Rural Utilities Service 

(RUS) is amending its regulations 

regarding electric distribution 

specifications for 15kV and 25 kV 

primary underground power cable. This 

rule will rescind Bulletin 50–70 (U–1), 

‘‘REA Specification for 15 kV and 25 kV 

Primary Underground Power Cable,’’ 

and codify the material which was 

formerly incorporated by reference. The 

specifications and standards that 

appeared in the old RUS Bulletin 50–70 

(U–1) will be incorporated by reference 

and will update the specifications for 

15kV and 25kV underground power 

cable, and provide RUS borrowers with 

specifications for 35 kV underground 

power cable for use in 25 kV primary 

systems. These specifications cover 

single-phase and multi-phase primary 

underground power cable which RUS 

electric borrowers use to construct their 

rural underground electric distribution 

systems. 

DATES: This rule is effective May 2, 

2012. 

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 2, 2012 

FOR FURTHER INFORMATION CONTACT: Mr. 

Trung V. Hiu, Electrical Engineer, 

Electric Staff Division, Distribution 

Branch, Rural Utilities Service, United 

States Department of Agriculture, Room 

1262–S, 1400 Independence Avenue 

SW., Washington, DC 20250–1569. 

Telephone: (202) 720–1877. FAX: (202) 

720–7491. Email: 

Trung.Hiu@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This final rule is exempted from the 

Office of Management and Budget 

(OMB) review for purposes of Executive 

Order 12866 and, therefore, has not 

been reviewed by OMB. 

Executive Order 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 the final rule 

entitled ‘‘Department Programs and 

Activities Excluded from Executive 

Order 12372,’’ (50 FR 47034) exempted 

the Rural Utilities Service loans and 

loan guarantees to form 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 


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19526 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 

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, 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 rule does not have 

sufficient federalism implications to 

require preparation of a Federalism 

Assessment. 

Regulatory Flexibility Act Certification 

It has been determined that the 

Regulatory Flexibility Act is not 

applicable to this rule since the Rural 

Utilities Service is not required by 5 

U.S.C. et seq. or any other provision of 

law to publish a notice of proposed 

rulemaking with respect to the subject 

matter of this final rule. 

Information Collection and 

Recordkeeping Requirements 

This final rule contains no additional 

information collection and 

recordkeeping requirements and is 

cleared under control number 0572– 

0131 pursuant to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35, as amended). 

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. 

Executive Order 12372 

This final rule is excluded from the 

scope of Executive Order 12372, 

Intergovernmental Consultation, which 

may require consultation with State and 

local officials. See the final rule related 

notice titled ‘‘Department Programs and 

Activities Excluded from Executive 

Order 12372’’ (50 FR 47034), advising 

that Rural Utilities Service loans and 

loan guarantees are excluded from the 

scope of Executive Order 12372. 

Unfunded Mandates 

This final rule contains no Federal 

Mandates (under the regulatory 

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 rule is not subject to the 

requirements of sections 202 and 205 of 

the Unfunded Mandates Reform Act of 

1995. 

National Environmental Policy Act 

Certification 

The Rural Utilities Service has 

determined that this final rule will not 

significantly affect the quality of the 

human environment as defined by the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321 et seq.). Therefore, 

this action does not require an 

environmental impact statement or 

assessment. 

Background 

RUS maintains a system of bulletins 

that contain construction standards and 

specifications for materials and 

equipment which must be complied 

with when system facilities are 

constructed by electric and 

telecommunications borrowers in 

accordance with the loan contract. 

These standards and specifications 

contain standard construction units and 

material items and equipment units 

commonly used in electric and 

telecommunications borrowers’ systems. 

RUS in conjunction with the Office of 

the Federal Register determined that 

Bulletin 50–70 (U–1), ‘‘REA 

Specification for 15 kV and 25 kV 

Primary Underground Power Cable,’’ 

would be codified. The material will 

now appear in 7 CFR 1728.204. 

Rescinding Bulletin 50–70 (U–1) and 

codifying the material in its entirety 

provides greater convenience for RUS 

borrowers when searching for 

specifications and standards 

requirements. Additionally, the 

specifications and standards that 

appeared in the old RUS Bulletin 50–70 

(U–1) will be incorporated by reference 

in 1728.97 and will update the 

specifications for 15kV and 25kV 

underground power cable, and provide 

RUS borrowers with specifications for 

35 kV underground power cable for use 

in 25 kV primary systems. These 

specifications cover single-phase and 

multi-phase primary underground 

power cable which RUS electric 

borrowers use to construct their rural 

underground electric distribution 

systems. These changes provide 

standard requirements for 15kV and 25 

kV single-phase and multi-phase 

primary underground power cable with 

cross-linked polyethylene with tree 

retardant or ethylene propylene rubber 

insulation, concentric neutral, and 

insulating outer jacket and updates the 

specifications for 15kV and 25 kV 

primary underground cable while 

adding specifications for 35 kV primary 

underground power cable. 

The following changes and updates 

are as follows: 

1. Water blocking sealant would be 

required in all stranded conductor 

cables. 

2. The plain cross-linked 

polyethylene (XLP) would be removed 

and be replaced by tree-retardant crosslinked polyethylene (TR–XLPE) as an 

acceptable insulation material. 

3. Nominal insulation thickness on 25 

kV cable would be reduced from 345 

mils to 260 mils. 

4. An optional semi-conducting 

jacketing material would be added to 

the specification for cables of all three 

specified voltages. Cables with semiconducting jackets may be used by RUS 

borrowers in areas with soil resistivity 

greater than 25 ohm-meter, in lieu of 

using cables with an insulating jacket to 

help improve the effectiveness of system 

grounding in locations of high soil 

resistivity. 

Summary of Comments 

A proposed rule entitled 

‘‘Specifications for Primary 

Underground Power Cable,’’ was 

published August 30, 2007, at 72 FR 

50081, invited interested parties to 

submit comments. The National Rural 

Electric Cooperative Association 

Transmission and Distribution (NRECA 

T&D) Engineering Underground 

Subcommittee and the cable 

manufacturers—Prysmian Cables & 

Systems (PCS), Southwire, General 

Cable, Nexans Energy, Hendrix Wire 

and Cable (HWC), submitted comments. 

No comments from any other sources 

were received. The comments submitted 

by NRECA represent the views of its 

members. 

Comment: NRECA T&D suggested 

adding the abbreviations IEEE, LDPE, 

LLDPE, MDPE and HDPE to the 

‘‘Abbreviations’’ section. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 

Comment: PCS suggested removing 

the word ‘‘insulating’’ as this implies a 

voltage rating for the jacket. Jackets do 

not have a voltage rating per the 

National Electrical Code (NEC). 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 


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Comment: Southwire suggested 

updating the publication dates of 

reference standards and adding ASTM 

B835–04, B836–00 (2005), B901–04, 

B902–04a standards. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 

Comment: Southwire, NRECA T&D, 

General Cable, and Nexans suggested 

adding Insulated Cable Engineers 

Association, Inc. (ICEA) to the list of 

addresses. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 

Comment: General Cable suggested 

adding the address: IHS; 15 Inverness 

Way East; Englewood, CO 80112; 

Telephone: 800–854–7179; Web Site: 

http://www. globe,ihs.com (7, section 

3b, ‘‘Availability of Publications’’). 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 

Comment: Southwire recommended 

adding compressed and compact round 

stranded copper conductors using single 

input wire construction in accordance 

with ASTM B902–4a and B835–04 to 

this section. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 

Comment: PCS suggested correcting 

the ‘‘R14’’ in the first line to ‘‘H14’’. 

This was a typo. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 

Comment: General Cable, Nexans 

Energy, PCS, and Southwire suggested 

the following changes: Central 

aluminum phase conductors shall be 

one of the following: 

This part should be changed to 4d 

which would require the conductor to 

be filled whether it be copper or 

aluminum. The requirement to fill the 

conductor interstices so as not to allow 

moisture to migrate through the 

conductor should be for both aluminum 

and copper conductor and not just for 

aluminum conductor. Filling the strands 

of a conductor is done to pick moisture 

out to the conductor and whereby 

limiting the moisture that can migrate 

into the insulation. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 

Comment: PCS suggested replacing 

the word ‘‘moisture’’ with the word 

‘‘water’’. The test protocol is a Water 

penetration test. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 

Comment: All cable manufacturers 

recommended removing the 

requirement for indent printing on a 

solid conductor. Requiring indent print 

on solid conductors does not seem 

consistent with keeping the interface of 

the conductor and extruded components 

smooth. Using indent on a solid 

conductor will cause the surface of the 

conductor to have some metal 

displacement and create irregularities 

on the conductor surface. Indent 

printing on the center strand of a 

stranded conductor is being used today 

on cables and this type of identification 

should be limited to stranded conductor 

and not used on solid conductor use for 

medium voltage cables. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule. 

Comment: Conductor Shield, NRECA 

T&D suggested adding (for discharge 

resistant EPR) after the first word 

‘‘insulating’’—‘‘The void and protrusion 

limits on the conductor shield shall be 

in compliance with ANSI/ICEA S–94– 

649’’ as was done in the Insulation 

Shield Section (or state the actual 

limits). 

Agency Response: The RUS agrees 

with the recommendation and has 

added ‘‘The void and protrusion limits 

on the conductor shield shall be in 

compliance with ANSI/ICEA S–94– 

649’’. 

Comment: PCS suggested replacing 

the words ‘‘An insulating’’ with ‘‘A nonconducting’’. This will align the 

wording with ANSI/ICEA S–94–649 

standard. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule. 

Comment: Insulation, NRECA T&D 

suggested adding ‘‘The void and 

protrusion limits on the insulation shall 

be in compliance with ANSI/ICEA S– 

94–649’’ as was done in the Insulation 

Shield Section (or state the actual 

limits). 

Agency Response: RUS agrees with 

the recommendation and has added 

‘‘The void and protrusion limits on the 

conductor shield shall be in compliance 

with ANSI/ICEA S–94–649’’. 

Comment: PCS suggested removing 

the words inside the parentheses ‘‘(e.g., 

cross-linked polyethylene shield may be 

used with EPR insulation)’’. The term 

‘‘thermosetting polymeric layer’’ sets 

forth the requirement sufficiently. As a 

matter of technical clarification, the 

insulation shield materials are not XLPE 

but are in fact a co-polymer material. 

Polymeric layer is a good way to refer 

to these materials. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule. 

Comment: PCS stated there is no 

technical justification to have different 

minimum stripping tensions for EPR 

and TRXLPE. This requirement needs to 

be changed so both materials have the 

same minimum tension of 3 pounds as 

required by the ANSI approved industry 

standard. 

Agency Response: Stripping tensions 

values shall be 3 through 18 pounds 

(1.36 through 8.16 kg) for EPR discharge 

free and TR–XLPE cables. Discharge 

resistant cables shall have strip tension 

of 0 through 18 pounds (0 through 8.16 

kg). 

Comment: General Cable suggested 

changing the requirement of stripping 

tension for TR–XLPE cable to the 

industry standard of a maximum of 24 

lb. Limiting the maximum stripping 

tension to 18 lb will cause quality cable 

to be rejected based on a difference of 

6 lb. The industry standards require that 

the cables be able to be stripped at 

temperatures between ¥10c and 40c 

without tearing based on a defined test 

procedure regardless of the actual 

stripping tension. 

Agency Response: Stripping tensions 

values shall be 3 through 18 pounds 

(1.36 through 8.16 kg) for EPR discharge 

free and TR–XLPE cables. Discharge 

resistant cables shall have strip tension 

of 0 through 18 pounds (0 through 8.16 

kg). 

Comment: HWC suggested the 

minimum strip tension should be 3 

pounds for both EPR and TR0XLPE 

discharge free cable designs as required 

by the referenced ANSI/ICEA Standard. 

Specifying a difference without a 

technical basis would only serve to 

provide a justified commercial 

advantage. 

Agency Response: Stripping tensions 

values shall be 3 through 18 pounds 

(1.36 through 8.16 kg) for EPR discharge 

free and TR–XLPE cables. Discharge 

resistant cables shall have strip tension 

of 0 through 18 pounds (0 through 8.16 

kg). 

Comment: Nexans Energy suggested 

the minimum strip tension of 3 lbs. 

should be applicable to both EPR and 

TR–XLPE. 

Agency Response: Stripping tensions 

values shall be 3 through 18 pounds 

(1.36 through 8.16 kg) for EPR discharge 

free and TR–XLPE cables. Discharge 

resistant cables shall have strip tension 

of 0 through 18 pounds (0 through 8.16 

kg). 

Comment: PCS suggested the word 

‘‘uncoated’’ in the beginning of the 

second line should be removed as some 

manufacturers will only provide flat 


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straps tin-coated and there is no 

technical reason to not allow this 

construction. 

Agency Response: RUS disagrees and 

its previous experience indicates tincoated neutral may accelerate corrosion 

at holidays. RUS will not allow tincoated neutral. 

Comment: PCS suggested this 

paragraph to read as follows: ‘‘The 

jacket type shall be an Extruded-to-Fill 

Jacket that fills the area between the 

concentric neutral wires and covers the 

wires to the proper thickness. The jacket 

shall be free stripping. The jacket shall 

have three red stripes longitudinally 

extruded into the jacket surface 120 

degrees apart per ANSI/ICEA S–94– 

649.’’ 

Agency Response: RUS disagrees and 

the current text is in an acceptable 

format and remains unchanged. 

Comment: PCS stated ICEA does a 

good job specifying the jacket materials. 

ASTM has requirements that only 

pertain to base resins which typically 

can not be measured on compounds 

received or have pertinence to the 

performance of the jacket material in its 

intended environment. The Extruded-toFill jacket materials are limited to 

LLDPE and LDPE. The references to 

(insulating) and to the ASTM D1248 

specification should be removed. This 

paragraph should be changed to 

‘‘Nonconducting jackets shall be LDPE 

or LLDPE compound meeting the 

requirements of ANSI/ICEA S–94–649.’’ 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 

Comment: NRECA T&D suggested 

checking with Dow Chemical and/or 

Borealis to confirm the vapor 

transmission rate of 2 g/m2/24 hours is 

valid for current semi-conducting jacket 

compounds. 

Agency Response: RUS has verified 

and confirmed with Dow Chemical of 

the current physical properties 

specification of the DOW DHDA–7708 

Black moisture vapor transmission rate 

at 38 degree C, 90% RH is 1.5 gms/m2/ 

24 hrs (ASTME96). 

Comment: PCS stated this paragraph 

indicates a maximum moisture vapor 

transmission rate of 2 g/m2/24 hours at 

38 °C and 96% relative humidity in 

accordance with ASTM E 96. They 

believe there is no test data to support 

there are materials commercially 

available to meet this maximum value. 

They suggest that this value be removed. 

Agency Response: RUS has verified 

and confirmed with Dow Chemical of 

the current physical properties 

specification of the DOW DHDA–7708 

Black moisture vapor transmission rate 

at 38 degree C, 90% RH is 1.5 gms/m2/ 

24 hrs (ASTME96). 

Comment: ‘‘Overall Outer Jacket’’, 

paragraph a (3), Southwire stated the 

requirement for maximum moisture 

transmission rate of 2 g/m2/24 hours at 

38 °C (100 ° F) and 96% relative 

humidity in accordance with ASTM E 

96 does not agree with existing data 

sheets from the material provider, Dow 

Chemical. Their product was tested at 

90% RH. Southwire suggested this 

requirement be verified with the 

material supplier or deleted. 

Agency Response: RUS has verified 

and confirmed with Dow Chemical of 

the current physical properties 

specification of the DOW DHDA–7708 

Black moisture vapor transmission rate 

at 38 degree C, 90% RH is 1.5 gms/m2/ 

24 hrs (ASTME96). 

Comment: ‘‘Overall Outer Jacket’’, 

paragraph a (3), Southwire suggested the 

word ‘‘maximum’’ should be added to 

the first sentence—Semi-conducting 

jackets shall have a maximum radial 

resistivity of 100 ohm-meter. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 

Comment: NRECA T&D, General 

Cable, PCS, Nexans Energy, and 

Southwire suggested deleting 

Dimensional Tolerances—this section 

come from the old U–1 and ICEA S–94– 

649 has minimum and maximum 

tolerances on each layer of the cable 

construction but not on the overall cable 

core. There is an Appendix C in ICEA 

to calculate these tolerances and they 

will vary greatly by conductor size and 

insulation thickness. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 

Comment: General Cable suggested 

changing ‘‘Partial Discharge Tests’’ to 

Discharge Tests: Manufacturers shall 

demonstrate that their cable meets 

either the partial discharge test for 

Discharge Free cable design or the 

Discharge Resistance test for Discharge 

Resistant cable designs as required per 

ICEA S–94–649 and as described in b(1) 

or b(2) of this bulletin. 

Agency Response: RUS disagrees. The 

current text is acceptable. 

Comment: Jacket tests, cable 

manufacturers suggested the (cold bend 

test) requirement be omitted. Since 

polyethylene’s (low, medium and high 

density) have excellent cold 

temperature properties, there is no need 

to do cold bend test. ICEA standards do 

not require a cold bend test for these 

jacket materials for the reason stated 

above. Jacket material such as Polyvinyl 

Chloride (PVC) and Chlorinated 

Polyethylene (CPE) do require a cold 

bend test but are not allowed to be used 

in this specification. 

Agency Response: RUS agrees with 

the recommendation and has revised the 

final rule accordingly. 

Comment: HWC suggested that jacket 

type is only printed if the jacket is semiconducting as required by the 

referenced ANSI/ICEA Standard. 

Agency Response: RUS disagrees. The 

current text and format are acceptable. 

Comment: PCS stated the cable reel is 

not for protection but to allow ease of 

handling and installation of the cable. 

They recommend that the purchaser 

define the class of reels and reel 

covering material that one want 

specified per NEMA WC26. The reel 

and covering should be at the mutual 

agreement of the purchaser and the 

manufacturer. 

Agency Response: RUS disagrees. The 

current text and requirement are 

acceptable. 

List of Subjects in 7 CFR Part 1728 

Electric power, Incorporation by 

reference, Loan programs—energy, 

Rural areas. 

For the reasons set out in the 

preamble, 7 CFR part 1728 is amended 

as follows: 

PART 1728—ELECTRIC STANDARDS 

AND SPECIFICATIONS FOR 

MATERIALS AND CONSTRUCTION 

■ 1. The authority citation for part 1728 

continues to read as follows: 

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

1921 et seq.; 7 U.S.C. 6941 et seq. 

■ 2. In § 1728.97, redesignate 

paragraphs (e), (f), and (g) as paragraphs 

(f), (h), and (i), respectively, revise 

paragraph (d), and add new paragraphs 

(e) and (g) to read as follows: 

§ 1728.97 Incorporation by reference of 

electric standards and specifications. 

* * * * * 

(d) The American National Standards 

Institute/Insulated Cable Engineers 

Association, Inc. (ANSI/ICEA) makes 

the following material available for 

purchase from Global Engineering 

Documents for a fee at the following 

address: IHS Global Engineering 

Documents, 15 Inverness Way East, 

Englewood, CO 80112, Phone: (303) 

397–7956; (800)–854–7179, Fax: (303) 

397–2740, email: global@ihs.com, Web 

site: http://global.ihs.com. 

(1) ANSI/ICEA S–94–649–2004— 

Standard for Concentric Neutral Cables 

Rated 5 Through 46 KV (ANSI/ICEA S– 

94–649–2004), approved September 20, 

2005, incorporation by reference 

approved for § 1728.204. 


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Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 19529 

(2) ANSI/ICEA T–31–610–2007—Test 

Method for Conducting Longitudinal 

Water Penetration Resistance Tests on 

Blocked Conductors (ANSI/ICEA T–31– 

610–2007), approved October 31, 2007, 

incorporated by reference approved for 

§ 1728.204. 

(e) Copies of American Society for 

Testing and Materials (ASTM) 

publications referenced in this 

specification can be obtained from 

ASTM for a fee at the following address: 

ASTM, 100 Barr Harbor Drive, West 

Conshohocken, PA 19428–2959, 

Telephone: (610) 832–9585, Web site: 

http://astm.org. 

(1) ASTM B 3–01 (Reapproved 

2007)—Standard Specification for Soft 

or Annealed Copper Wire, (ASTM B 3– 

01) approved March 15, 2007, 

incorporated by reference approved for 

§ 1728.204. 

(2) ASTM B 8–04—Standard 

Specification for Concentric-LayStranded Copper Conductors, Hard, 

Medium-Hard, or Soft (ASTM B 8–04), 

approved April 1, 2004, incorporated by 

reference approved for § 1728.204. 

(3) ASTM B 230/B 230M–07— 

Standard Specification for Aluminum 

1350–H19 Wire for Electrical Purposes 

(ASTM B 230/B 230M–07), approved 

March 15, 2007, incorporated by 

reference approved for § 1728.204. 

(4) ASTM B 231/B 231M–04— 

Standard Specification for ConcentricLay-Stranded Aluminum 1350 

Conductors (ASTM B 231/B 231M–04), 

approved April 1, 2004, incorporated by 

reference approved for § 1728.204. 

(5) ASTM B 400–08—Standard 

Specification for Compact Round 

Concentric-Lay-Stranded Aluminum 

1350 Conductors (ASTM B 400–08), 

approved September 1, 2008, 

incorporated by reference approved for 

§ 1728.204. 

(6) ASTM B 496–04—Standard 

Specification for Compact Round 

Concentric-Lay-Stranded Copper 

Conductors (ASTM B 496–04), approved 

April 1, 2004, incorporated by reference 

approved for § 1728.204. 

(7) ASTM B 609/B 609M–99— 

Standard Specification for Aluminum 

1350 Round Wire, Annealed and 

Intermediate Tempers, for Electrical 

Purposes (ASTM B 609/B 609M–99), 

approved April 1, 2004, incorporated by 

reference approved for § 1728.204. 

(8) ASTM B 786–08—Standard 

Specification for 19 Wire Combination 

Unilay-Stranded Aluminum 1350 

Conductors for Subsequent Insulation 

(ASTM B 786–08), approved September 

1, 2008, incorporated by reference 

approved for § 1728.204. 

(9) ASTM B 787/B 787M–04— 

Standard Specification for 19 Wire 

Combination Unilay-Stranded Copper 

Conductors for Subsequent Insulation 

(ASTM B 787/B 787M–04), approved 

September 1, 2004, incorporated by 

reference approved for § 1728.204. 

(10) ASTM B 835–04—Standard 

Specification for Compact Round 

Stranded Copper Conductors Using 

Single Input Wire Construction (ASTM 

B 835–04), approved September 1, 2004, 

incorporated by reference approved for 

§ 1728.204. 

(11) ASTM B902–04a—Standard 

Specification for Compressed Round 

Stranded Copper Conductors, Hard, 

Medium-Hard, or Soft Using Single 

Input Wire Construction (ASTM B902– 

04a), approved September 1, 2004, 

incorporated by reference approved for 

§ 1728.204. 

(12) ASTM D 1248–05—Standard 

Specification for Polyethylene Plastics 

Extrusion Materials for Wire and Cable 

(ASTM D 1248–05), approved March 1, 

2005, incorporated by reference 

approved for § 1728.204. 

(13) ASTM D 2275–01 (Reapproved 

2008)—Standard Test Method for 

Voltage Endurance of Solid Electrical 

Insulating Materials Subjected to Partial 

Discharges (Corona) on the Surface 

(ASTM D 2275–01), approved May 1, 

2008, incorporated by reference 

approved for § 1728.204. 

(14) ASTM E 96/E 96M–05—Standard 

Test Methods for Water Vapor 

Transmission of Materials (ASTM E 96/ 

E 96M–05), approved May 1, 2005, 

incorporated by reference approved for 

§ 1728.204. 

* * * * * 

(g) The following material is available 

from the Insulated Cable Engineers 

Association (ICEA) and may be 

purchased from Global Engineering 

Documents for a fee at the following 

address: IHS Global Engineering 

Documents, 15 Inverness Way East, 

Englewood, CO 80112, Phone: (303) 

397–7956; (800)–854–7179, Fax: (303) 

397–2740, email: global@ihs.com, Web 

site: http://global.ihs.com. 

(1) ICEA T–32–645–93—Guide for 

Establishing Compatibility of Sealed 

Conductor Filler Compounds with 

Conducting Stress Control Materials 

(ICEA T–32–645–93), approved 

February 1993, incorporated by 

reference approved for § 1728.204. 

(2) [Reserved] 

■ 3. Add and reserve new § 1728.203 to 

read as follows: 

§ 1728.203 [Reserved] 

■ 4. Add new § 1728.204 to read as 

follows: 

§ 1728.204 Electric standards and 

specifications for materials and 

construction. 

(a) General specifications. This 

section details requirements for 15 and 

25 kV single phase, V-phase, and threephase power cables for use on 12.5/7.2 

kV (15 kV rated) and 24.9/14.4 kV (25 

kV rated) underground distribution 

systems with solidly multi-grounded 

neutral. Cable complying with this 

specification shall consist of solid or 

strand-filled conductors which are 

insulated with tree-retardant crosslinked polyethylene (TR–XLPE) or 

ethylene propylene rubber (EPR), with 

concentrically wound copper neutral 

conductors covered by a nonconducting 

or semiconducting jacket. 35 kV rated 

cables may be used in 24.9/14.4 kV 

application where additional insulation 

is desired. 

(1) The cable may be used in singlephase, two (V)-phase, or three-phase 

circuits. 

(2) Acceptable conductor sizes are: 

No. 2 AWG (33.6 mm2) through 1000 

kcmil (507 mm2) for 15 kV cable, No. 1 

AWG (42.4 mm2) through 1000 kcmil 

(507 mm2) for 25 kV, and 1/0 (53.5 

mm2) through 1000 kcmil (507 mm2) for 

35 kV cable. 

(3) Except where provisions therein 

conflict with the requirements of this 

specification, the cable shall meet all 

applicable provisions of ANSI/ICEA S– 

94–649–2004 (incorporated by reference 

in § 1728.97). Where provisions of the 

ANSI/ICEA specification conflict with 

this section, § 1728.204 shall apply. 

(b) Definitions. As used in this 

section: 

Agency refers to the Rural Utilities 

Service (RUS), an agency of the United 

States Department of Agriculture’s 

(USDA), hereinafter referred to as the 

Agency. 

EPR Insulating Compound is a 

mixture of ethylene propylene base 

resin and selected ingredients. 

TR–XLPE Insulating Compound is a 

tree retardant crosslinked polyethylene 

(TR–XLPE) insulation compound 

containing an additive, a polymer 

modification filler, which helps to 

retard the growth of electrical trees in 

the compound. 

(c) Phase conductors. (1) Central 

phase conductors shall be copper or 

aluminum as specified by the borrower 

within the limit of § 1728.204(a)(2). 

(2) Central copper phase conductors 

shall be annealed copper in accordance 

with ASTM B 3–01 (incorporated by 

reference in § 1728.97). Concentric-laystranded phase conductors shall 

conform to ASTM B 8–04 (incorporated 

by reference in § 1728.97) for Class B 

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19530 Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 

lay-stranded phase conductors shall 

conform to ASTM B 496–04 

(incorporated by reference in § 1728.97). 

Combination unilay stranded phase 

conductors shall conform to ASTM B 

787/B 787M–04 (incorporated by 

reference in § 1728.97). Compact round 

atranded copper conductors using single 

input wire construction shall conform to 

ASTM B835–04 (incorporated by 

reference in § 1728.97). Compressed 

round stranded copper conductors, 

hard, medium-hard, or soft using single 

input wire construction shall conform to 

ASTM B902–04a (incorporated by 

reference in § 1728.97). If not specified, 

stranded phase conductors shall be 

Class B stranded. 

(3) Central aluminum phase 

conductors shall be one of the 

following: 

(i) Solid: Aluminum 1350 H12 or H22, 

H14 or H24, H16 or H26, in accordance 

with ASTM B 609/B 609M–99 

(incorporated by reference in § 1728.97). 

(ii) Stranded: Aluminum 1350 H14 or 

H24, H142 or H242, H16, or H26, in 

accordance with ASTM B 609/B 609M– 

99 (incorporated by reference in 

§ 1728.97) or Aluminum 1350–H19 in 

accordance with ASTM B 230/B 230M– 

07 (incorporated by reference in 

§ 1728.97). Concentric-lay-stranded 

(includes compacted and compressed) 

phase conductors shall conform to 

ASTM B 231/B 231M–04 (incorporated 

by reference in § 1728.97) for Class B 

stranding. Compact round concentriclay-stranded phase conductors shall 

conform to ASTM B 400–08 

(incorporated by reference in § 1728.97). 

Combination unilay stranded aluminum 

phase conductors shall conform to 

ASTM B 786–08 (incorporated by 

reference in § 1728.97). If not specified, 

stranded phase conductors shall be class 

B stranded. 

(4) The interstices between the 

strands of stranded conductors shall be 

filled with a material designed to fill the 

interstices and to prevent the 

longitudinal migration of water that 

might enter the conductor. This material 

shall be compatible with the conductor 

and conductor shield materials. The 

surfaces of the strands that form the 

outer surface of the stranded conductor 

shall be free of the strand fill material. 

Compatibility of the strand fill material 

with the conductor shield shall be 

tested and shall be in compliance with 

ICEA T–32–645–93 (incorporated by 

reference in § 1728.97). Water 

penetration shall be tested and shall be 

in compliance with ANSI/ICEA T–31– 

610–2007 (incorporated by reference in 

§ 1728.97). 

(5) The center strand of stranded 

conductors shall be indented with the 

manufacturer’s name and year of 

manufacture at regular intervals with no 

more than 12 inches (0.3 m) between 

repetitions. 

(d) Conductor shield (stress control 

layer). A non-conducting (for discharge 

resistant EPR) or semi-conducting shield 

(stress control layer) meeting the 

applicable requirements of ANSI/ICEA 

S–94–649–2004 (incorporated by 

reference in § 1728.97) shall be extruded 

around the central conductor. The 

minimum thickness at any point shall 

be in accordance with ANSI/ICEA S– 

94–649–2004. The void and protrusion 

limits on the conductor shield shall be 

in compliance with ANSI/ICEA S–94– 

649–2004. The shield shall have a 

nominal operating temperature equal to, 

or higher than, that of the insulation. 

(e) Insulation. (1) The insulation shall 

conform to the requirements of ANSI/ 

ICEA S–94–649–2004 (incorporated by 

reference in § 1728.97) and may either 

be tree retardant cross-linked 

polyethylene (TR–XLPE) or ethylene 

propylene rubber (EPR), as specified by 

the borrower. The void and protrusion 

limits on the insulation shall be in 

compliance with ANSI/ICEA S–94–649– 

2004. 

(2) The thickness of insulation shall 

be as follows: 

Cable rated voltage Nominal thickness Minimum thickness Maximum thickness 

15 kV .................................................... 220 mils (5.59 mm) .............................. 210 mils (5.33 mm) .............................. 250 mils (6.35 mm). 

25 kV .................................................... 260 mils (6.60 mm) .............................. 245 mils (6.22 mm) .............................. 290 mils (7.37 mm). 

35 kV .................................................... 345 mils (8.76 mm) .............................. 330 mils (8.38 mm) .............................. 375 mils (9.53 mm). 

(f) Insulation shield. (1) A semiconducting thermosetting polymeric 

layer meeting the requirements of ANSI/ 

ICEA S–94–649–2004 (incorporated by 

reference in § 1728.97) shall be extruded 

tightly over the insulation to serve as an 

electrostatic shield and protective 

covering. The shield compound shall be 

compatible with, but not necessarily the 

same material composition as, that of 

the insulation (e.g., cross-linked 

polyethylene shield may be used with 

EPR insulation). The void and 

protrusion limits on the semiconducting shields shall be in 

compliance with the ANSI/ICEA S–94– 

649–2004. 

(2) The thickness of the extruded 

insulation shield shall be in accordance 

with ANSI/ICEA S–94–649–2004 

(incorporated by reference in § 1728.97). 

(3) The shield shall be applied such 

that all conducting material can be 

easily removed without the need for 

externally applied heat. Stripping 

tension values shall be 3 through 18 

pounds (1.36 through 8.16 kg) for TR– 

XLPE and EPR discharge free cables. 

Discharge resistant cables shall have 

strip tension of 0 through 18 pounds (0 

through 8.16 kg). 

(4) The insulation shield shall meet 

all applicable tests of ANSI/ICEA S–94– 

649–2004 (incorporated by reference in 

§ 1728.97). 

(g) Concentric neutral conductor. (1) 

Concentric neutral conductor shall 

consist of annealed round, uncoated 

copper wires in accordance with ASTM 

B 3–01 (incorporated by reference in 

§ 1728.97) and shall be spirally wound 

over the shielding with uniform and 

equal spacing between wires. The 

concentric neutral wires shall remain in 

continuous intimate contact with the 

extruded insulation shield. Full neutral 

is required for single phase and 1⁄3

neutral for three phase applications 

unless otherwise specified. The 

minimum wire size for the concentric 

neutral is 16 AWG (1.32 mm2). 

(2) When a strap neutral is specified 

by the borrower, the neutral shall 

consist of uncoated copper straps 

applied concentrically over the 

insulation shield with uniform and 

equal spacing between straps and shall 

remain in intimate contact with the 

underlying extruded insulation shield. 

The straps shall not have sharp edges. 

The thickness of the flat straps shall be 

not less than 20 mils (0.5 mm). 

(h) Overall outer jacket. (1) An 

electrically nonconducting (insulating) 

or semi-conducting outer jacket shall be 

applied directly over the concentric 

neutral conductors. 

(2) The jacket material shall fill the 

interstice area between conductors, 

leaving no voids. The jacket shall be free 

stripping. The jacket shall have three 

red stripes longitudinally extruded into 

the jacket surface 120° apart. 

(3) Nonconducting jackets shall 

consist of low density, linear low 

density, medium density, or high 

density HMW black polyethylene 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 63 / Monday, April 2, 2012 / Rules and Regulations 19531 

(LDPE, LLDPE, MDPE, HDPE) 

compound meeting the requirements of 

ANSI/ICEA S–94–649–2004 

(incorporated by reference in § 1728.97) 

and ASTM D 1248–05 (incorporated by 

reference in § 1728.97) for Type I, Class 

C, Category 4 or 5, Grade J3 before 

application to the cable. Polyvinyl 

chloride (PVC) and chlorinated 

polyethylene (CPE) jackets are not 

acceptable. 

(4) Semi-conducting jackets shall have 

a maximum radial resistivity of 100 

ohm-meter and a maximum moisture 

vapor transmission rate of 1.5 g/m2/24 

hours at 38° C (100° F) and 90 percent 

relative humidity in accordance with 

ASTM E 96/E96M–05 (incorporated by 

reference in § 1728.97). 

(5) The minimum thickness of the 

jacket over metallic neutral wires or 

straps shall comply with the thickness 

specified in ANSI/ICEA S–94–649–2004 

(incorporated by reference in § 1728.97). 

(i) Tests. (1) As part of a request for 

Agency consideration for acceptance 

and listing, the manufacturer shall 

submit certified test data results to the 

Agency that detail full compliance with 

ANSI/ICEA S–94–649–2004 

(incorporated by reference in § 1728.97) 

for each cable design. 

(i) Test results shall confirm 

compliance with each of the material 

tests, production sampling tests, tests on 

completed cable, and qualification tests 

included in ANSI/ICEA S–94–649–2004 

(incorporated by reference in § 1728.97). 

(ii) The testing procedure and 

frequency of each test shall be in 

accordance with ANSI/ICEA S–94–649– 

2004 (incorporated by reference in 

§ 1728.97). 

(iii) Certified test data results shall be 

submitted to the Agency for any test, 

which is designated by ANSI/ICEA S– 

94–649–2004 (incorporated by reference 

in § 1728.97) as being ‘‘for Engineering 

Information Only,’’ or any similar 

designation. 

(2) Partial discharge tests. 

Manufacturers shall demonstrate that 

their cable is not adversely affected by 

excessive partial discharge. This 

demonstration shall be made by 

completing the procedures described in 

paragraphs (i)(2)(i) and (i)(2)(ii) of this 

section. 

(i) Each shipping length of completed 

cable shall be tested and have certified 

test data results available indicating 

compliance with the partial discharge 

test requirements in ANSI/ICEA S–94– 

649–2004 (incorporated by reference in 

§ 1728.97). 

(ii) Manufacturers shall test 

production samples and have available 

certified test data results indicating 

compliance with ASTM D 2275–01 

(incorporated by reference in § 1728.97) 

for discharge resistance as specified in 

the ANSI/ICEA S–94–649–2004 

(incorporated by reference in § 1728.97). 

Samples of insulated cable shall be 

prepared by either removing the 

overlying extruded insulation shield 

material, or using insulated cable before 

the extruded insulation shield material 

is applied. The sample shall be mounted 

as described in ASTM D 2275–01 and 

shall be subjected to a voltage stress of 

250 volts per mil of nominal insulation 

thickness. The sample shall support this 

voltage stress, and not show evidence of 

degradation on the surface of the 

insulation for a minimum of 100 hours. 

The test shall be performed at least once 

on each 50,000 feet (15,240 m) of cable 

produced, or major fractions thereof, or 

at least once per insulation extruder 

run. 

(3) Jacket tests. Tests described in 

paragraph (i)(3)(i) of this section shall be 

performed on cable jackets from the 

same production sample as in 

paragraphs (i)(2)(i) and (i)(2)(ii) of this 

section. 

(i) A Spark Test shall be performed on 

nonconducting jacketed cable in 

accordance with ANSI/ICEA S–94–649– 

2004 (incorporated by reference in 

§ 1728.97) on 100 percent of the 

completed cable prior to its being 

wound on shipping reels. The test 

voltage shall be 4.5 kV AC for cable 

diameters <1.5 inches and 7.0 kV for 

cable diameters >1.5 inches, and shall 

be applied between an electrode at the 

outer surface of the nonconducting 

(insulating) jacket and the concentric 

neutral for not less than 0.15 second. 

(ii) [Reserved] 

(4) Frequency of sample tests shall be 

in accordance with ANSI/ICEA S–94– 

649–2004 (incorporated by reference in 

§ 1728.97). 

(5) If requested by the borrower, a 

certified copy of the results of all tests 

performed in accordance with this 

section shall be furnished by the 

manufacturer on all orders. 

(j) Miscellaneous. (1) All cable 

provided under this specification shall 

have suitable markings on the outer 

surface of the jacket at sequential 

intervals not exceeding 2 feet (0.61 m). 

The label shall indicate the name of the 

manufacturer, conductor size, type and 

thickness of insulation, center 

conductor material, voltage rating, year 

of manufacture, and jacket type. There 

shall be no more than 6 inches (0.15 m) 

of unmarked spacing between texts label 

sequence. The jacket shall be marked 

with the symbol required by Rule 350G 

of the National Electrical Safety Code 

and the borrower shall specify any 

markings required by local safety codes. 

This is in addition to extruded red 

stripes required in this section. 

(2) Watertight seals shall be applied to 

all cable ends to prevent the entrance of 

moisture during transit or storage. Each 

end of the cable shall be firmly and 

properly secured to the reel. 

(3) Cable shall be placed on shipping 

reels suitable for protecting it from 

damage during shipment and handling. 

Reels shall be covered with a suitable 

covering to help provide physical 

protection to the cable. 

(4) A durable label shall be securely 

attached to each reel of cable. The label 

shall indicate the purchaser’s name and 

address, purchase order number, cable 

description, reel number, feet of cable 

on the reel, tare and gross weight of the 

reel, and beginning and ending 

sequential footage numbers. 

Dated: March 8, 2012. 

Jonathan Adelstein, 

Administator, Rural Utilities Service. 

[FR Doc. 2012–7610 Filed 3–30–12; 8:45 am] 

BILLING CODE P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 120 

RIN 3245–AG48 

7(a) Loan Program; Eligible Passive 

Companies 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Direct final rule. 

SUMMARY: This direct final rule amends 

SBA’s existing regulations to clarify the 

eligible uses of loan proceeds by an 

Operating Company in connection with 

an SBA-guaranteed loan to an Eligible 

Passive Company. 

DATES: This rule is effective on May 17, 

2012 without further action, unless 

significant adverse comment is received 

by May 2, 2012. If significant adverse 

comment is received, SBA will publish 

a timely withdrawal of the rule in the 

Federal Register. 

ADDRESSES: You may submit comments, 

identified by RIN 3245–AG48, by one of 

the following methods: (1) Federal 

eRulemaking Portal: 

www.regulations.gov; following the 

instructions for submitting comments; 

or (2) Mail/Hand Delivery/Courier: 

Grady B. Hedgespeth, Director, Office of 

Financial Assistance, U.S. Small 

Business Administration, 409 Third 

Street SW., Suite 8300, Washington, DC 

20416. 

SBA will post all comments to this 

rule on www.regulations.gov. If you 

wish to submit confidential business 


sroberts on DSK5SPTVN1PROD with RULES