[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Proposed Rules]
[Pages 32313-32315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12830]



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DEPARTMENT OF AGRICULTURE



Rural Utilities Service



7 CFR Part 1755




Specifications and Drawings for Construction Direct Buried Plant



AGENCY: Rural Utilities Service, USDA.



ACTION: Proposed Rule.



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SUMMARY: The Rural Utilities Service (RUS) proposes to amend its 

regulations on Telecommunications Standards and Specifications for 

Materials, Equipment and Construction, by revising RUS Bulletin 1753F-

150, Specifications and Drawings for Construction of Direct Buried 

Plant (Form 515a). The revised specification will include new 

construction units for Fiber-to-the-Home, remove redundant or outdated 

requirements, and simplify the specification format.



DATES: Written comments must be received by RUS or be postmarked no 

later than August 9, 2010.



ADDRESSES: Submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov and, 

in the lower ``Search Regulations and Federal Actions'' box, select 

``Rural Utilities Service'' from the agency drop-down menu, then click 

on ``Submit.'' In the Docket ID column, select RUS-2010-Telecom-0003 to 

submit or view public comments and to view supporting and related 

materials available electronically. Information on using 

Regulations.gov, including instructions for accessing documents, 

submitting comments, and viewing the docket after the close of the 

comment period, is available through the site's ``User Tips'' link.

    Postal Mail/Commercial Delivery: Please send your comment addressed 

to Michele Brooks, Director, Program Development and Regulatory 

Analysis, USDA-Rural Utilities Service, 1400 Independence Avenue, STOP 

1522, Room 5159, Washington, DC 20250-1522. Please state that your 

comment refers to Docket No. RUS-2010-Telecom-0003.

    Other Information: Additional information about Rural Development 

and its programs is available on the Internet at http://www.rurdev.usda.gov/index.html.



FOR FURTHER INFORMATION CONTACT: Norberto Esteves, Chair, Technical 

Standards Committee ``A'' (Telecommunications), Advanced Services 

Division, Telecommunications Program, USDA-Rural Utilities Service, 

STOP 1550, Washington, DC 20250-1550. Telephone: (202) 720-0699; Fax: 

(202) 205-2924; e-mail: <a href="/cdn-cgi/l/email-protection#224c4d50404750564d0c47515647544751625546410c575146430c454d54"><span class="__cf_email__" data-cfemail="e38d8c91818691978ccd86909786958690a3948780cd96908782cd848c95">[email protected]</span></a>.



SUPPLEMENTARY INFORMATION:



Executive Order 12866



    This 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 12988



    This proposed rule has been reviewed under Executive Order 12988, 

Civil Justice Reform. USDA Rural Development has determined that this 

proposed 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 proposed rule will be 

preempted; no retroactive effect will be given to the rule, and, in 

accordance



[[Page 32314]]



with section 212(e) of the Department of Agriculture Reorganization Act 

of 1994 (7 U.S.C. 6912(e)), administrative appeals procedures, if any 

are required, must be exhausted before an action against the Department 

or its agencies may be initiated.



Regulatory Flexibility Act Certification



    USDA Rural Development has determined that this proposed rule will 

not have a significant economic impact on a substantial number of small 

entities, as defined by the Regulatory Flexibility Act (5 U.S.C. 601 et 

seq.). The standard USDA Rural Development telecommunications loan 

documents contain provisions on procurement of products and 

construction of telecommunications facilities purchased with loan 

funds. This ensures that the telecommunications systems financed with 

loan funds are adequate to serve the purposes for which they are to be 

constructed and that loan funds are adequately secured. UDSA Rural 

Development borrowers, as a result of obtaining Federal financing, 

receive economic benefits that exceed any direct cost associated with 

complying with UDSA Rural Development regulations and requirements.



Information Collection and Recordkeeping Requirements



    The information collection and recordkeeping requirements contained 

in this proposed rule are cleared under control numbers 0572-0059 and 

0572-0132 pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 

Chapter 35, as amended).



Executive Order 13132



    This regulation 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 

proposed rule does not have sufficient federalism implications 

requiring the preparation the preparation of a Federalism Assessment.



Catalog of Federal Domestic Assistance



    The program described by this proposed rule is listed in the 

Catalog of Federal Domestic Assistance Program under No. 10.851, Rural 

Telephone Loans and Loan Guarantees and No. 10.857, Rural Broadband 

Access Loans and Loan Guarantees. This catalog is available on a 

subscription basis from the Superintendent of Documents, the United 

States Government Printing Office, Washington, DC 20402. Telephone: 

(202) 512-1800.



Executive Order 12372



    This proposed 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 USDA Rural Development 

Utilities Programs loans and loan guarantees are excluded from the 

scope of Executive Order 12372.



Unfunded Mandates



    This proposed rule contains no Federal Mandates (under the 

regulatory provisions of Title II of the Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. Chapter 25)) for State, local, and tribal governments 

or the private sector. Thus, this proposed rule is not subject to the 

requirements of sections 202 and 205 of the Unfunded Mandates Reform 

Act of 1995.



National Environmental Policy Act Certification



    The Agency has determined that this proposed 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 issues contracts, standards and specification for construction 

of telecommunications facilities financed with RUS loan funds. RUS is 

proposing to revise the specifications for buried plant construction 

contained in RUS Bulletin 1753F-150 (RUS Form 515a).

    The current outside plant specifications are used by borrowers to 

secure the services of a contractor for the construction of 

telecommunications facilities. Because of Fiber-to-the-Home 

construction and advancements made in construction installation methods 

and materials, the present specifications have become outdated. To 

allow borrowers and contractors to take advantage of these improved 

construction installation methods and materials, the current 

specification will be revised.

    The proposed bulletin is available from the Agency. Interested 

parties may obtain copies from Norberto Esteves, Chair, Technical 

Standards Committee ``A'' (Telecommunications), Advanced Services 

Division, Telecommunications Program, USDA-Rural Utilities Service, 

Room 2849, South Building, Washington, DC 20250-1550. Telephone: (202) 

720-0699.



List of Subjects in 7 CFR Part 1753



    Incorporation by reference, Loan programs--communications, 

Reporting and recordkeeping requirements, Rural areas, Telephone.



    For reasons set out in the preamble, RUS proposes to amend chapter 

XVII of title 7 of the Code of Federal Regulations as follows:



PART 1755--TELECOMMUNICATIONS POLICIES ON SPECIFICATIONS, 

ACCEPTABLE MATERIALS, AND STANDARD CONTRACT FORMS



    1. The authority citation for part 1755 continues to read as 

follow:



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



    2. In Sec.  1755.97, the table is amended by revising the issue 

date of RUS Bulletin 1753F-150 to read as follows:





Sec.  1755.97  Incorporation by reference of telecommunications 

standards and specifications.



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                                                                                         Title of standard or

          RUS bulletin No.              Specification No.       Date last issued            specification

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

 

                                                  * * * * * * *

1753F-150..........................  Form 515a.............  [Effective date of      Specifications and Drawings

                                                              final rule].            for Construction of Direct

                                                                                      Buried Plant.

 

                                                  * * * * * * *

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[[Page 32315]]



    Dated: May 18, 2010.

Jessica Zufolo,

Acting Administrator, Rural Utilities Service.

[FR Doc. 2010-12830 Filed 6-7-10; 8:45 am]

BILLING CODE 3410-15-P




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