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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

59933 

Vol. 75, No. 188 

Wednesday, September 29, 2010 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Part 1755 

Specifications and Drawings for 

Construction of Direct Buried Plant 

AGENCY: Rural Utilities Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Rural Utilities Service 

(RUS) is amending its regulations on 

Telecommunications Policies on 

Specifications, Acceptable Materials, 

and Standard Contract Forms, by 

revising RUS Bulletin 1753F–150, 

Specifications and Drawings for 

Construction of Direct Buried Plant 

(Form 515a). The revised specifications 

will include new construction units for 

Fiber-to-the-Home, remove redundant or 

outdated requirements, and simplify the 

specifications format. 

DATES: The effective date September 29, 

2010. 

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 September 29, 2010. 

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: 

norberto.esteves@wdc.usda.gov. 

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 final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. USDA Rural 

Development 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 rule will be preempted; no 

retroactive effect will be given to the 

rule, and, in accordance 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 final 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. USDA Rural 

Development borrowers, as a result of 

obtaining Federal financing, receive 

economic benefits that exceed any 

direct cost associated with complying 

with USDA Rural Development 

regulations and requirements. 

Information Collection and 

Recordkeeping Requirements 

The information collection and 

recordkeeping requirements contained 

in this final 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 final rule does not 

have sufficient federalism implications 

requiring the preparation of a 

Federalism Assessment. 

Catalog of Federal Domestic Assistance 

The program described by this final 

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 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 USDA Rural Development Utilities 

Programs 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 

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 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 

Certification 

The Agency 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 issues contracts, standards and 

specifications for construction of 

telecommunications facilities financed 

with RUS loan funds. RUS is revising 

the specifications for buried plant 


erowe on DSK5CLS3C1PROD with RULES
59934 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 

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. Current specifications have 

become outdated due to the 

advancements in Fiber-to-the-Home 

construction as well as installation 

methods and materials. In order for 

borrowers and contractors to take 

advantage of these improved 

construction installation methods and 

materials, the current specifications 

have been revised. 

On Tuesday, June 8, 2010, RUS 

published a proposed rule in the 

Federal Register (Vol. 75, No 109, page 

32313), proposing to amend its 

regulations on Telecommunications 

Policies on Specifications, Acceptable 

Materials, and Standard Contract Forms, 

by revising RUS Bulletin 1753F–150, 

Specifications and Drawings for 

Construction of Direct Buried Plant 

(Form 515a). Interested parties were 

invited to submit comments on or before 

August 9, 2010. No comments were 

received. 

List of Subjects in 7 CFR Part 1755 

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 § 1755.97, the table is amended 

by revising the issue date of RUS 

Bulletin 1753F–150 to read as follows: 

§ 1755.97 Incorporation by reference of 

telecommunications standards and 

specifications. 

* * * * * 

RUS Bulletin No. Specification No. Date last issued Title of standard or specification 

*******

1753F–150 ......................... Form 515a ......................... September 2010 ................ Specifications and Drawings for Construction of Direct 

Buried Plant. 

* * * * * * * 

* * * 

Dated: September 23, 2010. 

Jonathan Adelstein, 

Administrator, Rural Utilities Service. 

[FR Doc. 2010–24420 Filed 9–28–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0911; Airspace 

Docket No. 10–ASO–32] 

Amendment to Class E Airspace; 

Smithfield, NC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, technical 

amendment. 

SUMMARY: This action amends Class E 

airspace at Johnston County Airport, 

Smithfield, NC, by correcting an 

omission of the geographic coordinates 

of the Area Navigation (RNAV) Global 

Positioning System (GPS) Special 

Standard Instrument Approach 

Procedure (SIAP) serving the Johnston 

Memorial Hospital to aid in the 

navigation of our National Airspace 

System. 

DATES: Effective 0901 UTC, January 13, 

2011. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA received a request from the 

National Aeronautical Navigation 

Services to correct the omission of the 

geographic coordinates for the point in 

space serving Johnston Memorial 

Hospital in the amendment of the Class 

E airspace published in the Federal 

Register on July 27, 2010 (75 FR 43817). 

This action makes the adjustment. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

amends Class E airspace at Smithfield, 

NC, by making the addition of the 

geographic coordinates of the RNAV 

(GPS) approach point in space serving 

Johnston Memorial Hospital to coincide 

with the FAAs National Aeronautical 

Navigation Services depiction. 

Accordingly, since this is an 

administrative change, and does not 

involve a change in the dimensions or 

operating requirements of that airspace, 

notice and public procedures under 5 

U.S.C. 553 (b) are unnecessary. 

The Class E airspace designations are 

published in Paragraph 6005 of FAA 

order 7400.9U, dated August 18, 2010, 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that his 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a Regulatory 

Evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 


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