This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

26961 

Vol. 87, No. 88 

Friday, May 6, 2022 

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 | Rural Utilities Service | Rural 

Development U.S. Department of 

Agriculture, 1400 Independence Ave. 

SW | Washington, DC 20250–1567 | 

Phone: 202–690–9032 | email: 

Chendi.Zhang@usda.gov. 

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/assistancelisting/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. 


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26962 Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Rules and Regulations 

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-aprogram-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: OAC@usda.gov. 

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 

§ 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 § 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 § 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 § 1728.97 and 1755.97. 

• Update the date of issuance for 

Bulletin 1728H–702, ‘‘Specification for 

Quality Control and Inspection of 

Timber Products’’, in § 1755.98. 

• Add AWPA M3–16, ‘‘Standard for 

the Quality Control of Preservative 

Treated Products for Industrial’’ back 

into § 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 

■ 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. 

■ 2. Amend § 1728.97 by: 


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Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Rules and Regulations 26963 

■ a. Revising paragraph (a)(21); and 

■ 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: 

§ 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 §§ 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 §§ 1728.201 and 1728.202. 

* * * * * 

■ 3. Amend § 1728.202 by: 

■ a. Removing paragraph (b)(10) 

introductory text; 

■ b. Adding paragraph (b)(10)(i); 

■ c. Revising the heading for table 1 to 

paragraph (b)(10) and revising the 

heading for note 1 to paragraph (b)(10); 

and 

■ d. Adding paragraphs (b)(10)(ii) and 

(iii). 

The additions and revisions read as 

follows: 

§ 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 § 1728.97) 

shall be followed for Pentachlorophenol 

testing. 

(iii) AWPA A30 (incorporated by 

reference at § 1728.97) or AWPA A9 

shall be followed for DCOI testing. 

AWPA A6 (incorporated by reference at 

§ 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 

■ 4. The authority citation continues to 

read as follows: 

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

seq., and 6941 et seq. 

■ 5. Amend § 1755.97 by revising 

paragraphs (a)(1) and (b)(13) to read as 

follows: 

§ 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: 

comments@usda.gov; Telephone 

number: 202–692–0042; https://

www.rd.usda.gov/resources/regulations/ 

bulletins. For information on the 

availability of this material at NARA, 

email: fr.inspection@nara.gov, 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. 

* * * * * 

■ 6. Amend § 1755.98 by revising 

paragraph (a) to read as follows: 

§ 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 


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