[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 59933-59934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24420]
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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. 75, No. 188 / Wednesday, September 29, 2010 /
Rules and Regulations
[[Page 59933]]
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.
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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units for Fiber-to-the-Home, remove redundant or outdated requirements,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: [email protected].
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
[[Page 59934]]
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.
0
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
0
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.
0
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
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* * * * * * *
1753F-150.......................... Form 515a............. September 2010........ Specifications and Drawings
for Construction of Direct
Buried Plant.
* * * * * * *
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Dated: September 23, 2010.
Jonathan Adelstein,
Administrator, Rural Utilities Service.
[FR Doc. 2010-24420 Filed 9-28-10; 8:45 am]
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