Standards and Specifications for Timber Products Acceptable for Use by Rural Utilities Service Electric and Telecommunications Borrowers, 57015-57022 [2021-22255]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations
Subpart E—Misuse of Annuity by a
Representative Payee
§ 849.501 Misuse of benefits by a
representative payee.
(a) It is unlawful for a representative
payee to misuse the payments received
on behalf of an annuitant. For purposes
of this subpart, misuse of benefits by a
representative payee occurs in any case
in which the representative payee
receives payment on behalf of an
annuitant and embezzles or converts
such payment, or any part thereof, to a
use other than for the use and benefit of
the annuitant.
(b) The penalty for a representative
payee found to be in violation of
paragraph (a) of this section is a fine,
imprisonment for not more than 5 years,
or both.
(c) If the agency determines that a
representative payee has misused any
payments as described in paragraph (a)
of this section, the agency will promptly
revoke the certification for payment of
benefits to the representative payee, and
will make payment to an alternative
representative payee or, if the interest of
the annuitant would be served thereby,
to the annuitant.
(d) The agency will make the
annuitant whole by repaying any
annuity that was misused by the
representative payee once the misused
benefits have been repaid to the agency
by the representative payee.
§ 849.502
Liability for misused funds.
(a) A representative payee who
misuses benefits, as determined in
§ 849.501(a), is responsible for
repayment of the misused benefits.
(b) OPM will seek restitution from the
former representative payee.
Subpart F—Changes of the
Representative Payee
lotter on DSK11XQN23PROD with RULES1
§ 849.601 When a new representative
payee will be selected.
(a) When the agency learns that the
interests of the annuitant are not served
by continuing payment to the present
representative payee or that the present
representative payee is no longer able or
willing to carry out the payee
responsibilities, the agency will
undertake to find a new representative
payee.
(b) The agency will select a new
representative payee if the agency finds
a preferred payee or if the present
payee:
(1) Has been found by the agency or
a court of competent jurisdiction to have
misused the benefits;
(2) Has not used the benefit payments
on the annuitant’s behalf in accordance
with the rules in this part;
VerDate Sep<11>2014
16:23 Oct 13, 2021
Jkt 256001
(3) Has not carried out the other
responsibilities described in this
subpart;
(4) Dies;
(5) No longer wishes to be the
representative payee;
(6) Is unable to manage the benefit
payments; or
(7) Fails to cooperate, within a
reasonable time, in providing evidence,
accounting, or other information
requested by the agency.
(c) The agency may suspend payment
as explained in § 849.202(c) if we
determine that making direct payment
to the annuitant would cause substantial
harm. Payments, including all
retroactive amounts due, will resume
once a representative payee is located.
§ 849.602 When representative payments
will be stopped.
If an annuitant demonstrates that he
or she is mentally and physically able
to manage or direct the management of
benefit payments, the agency will make
direct payment to the annuitant.
Information which the annuitant may
give to the agency to support his or her
request for direct payment includes, but
is not limited to, the following:
(a) A physician’s or other licensed
health practitioner’s statement regarding
the annuitant’s condition, or a statement
by a medical officer of the institution
where the annuitant is or was confined,
showing that the annuitant is able to
manage or direct the management of his
or her funds;
(b) A certified copy of a court order
restoring the annuitant’s rights in a case
where an annuitant was adjudged
legally incompetent; or
(c) Other evidence which establishes
the annuitant’s ability to manage or
direct the management of benefits.
§ 849.603 Transfer of conserved or
accumulated funds.
A representative payee who has
conserved or invested annuity payments
shall transfer these funds and any
interest earned from the invested funds
to either a successor payee, to the
annuitant, or to the agency as we will
specify. If the funds and the earned
interest are returned to the agency, we
will recertify them to the successor
representative payee or to the annuitant.
[FR Doc. 2021–22282 Filed 10–13–21; 8:45 am]
BILLING CODE 6325–38–P
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
57015
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
Rural Utilities Service,
Department of Agriculture (USDA).
ACTION: Final rule; response to
comments.
AGENCY:
The Rural Utilities Service
(RUS), a Rural Development agency of
U.S. Department of Agriculture, is
issuing a final rule to amend its
regulations on Electric and
Telecommunications Standards and
Specifications for Materials, Equipment
and Construction, updates to Bulletin
1728F–700, RUS Specification for Wood
Poles, Stubs and Anchor Logs; Bulletin
1728H–701, Specification for Wood
Crossarms, Transmission Timbers, and
Pole Keys; and Bulletin 1728H–702,
Specification for Quality Control and
Inspection of Timber Products (Wood
Bulletins) to keep RUS standards
current with the technology advances
and consistent with the industry
practice. This final rule incorporates
most of the changes from the final rule;
request for comments published on June
18, 2019, in the Federal Register. This
rule also addresses and takes into
consideration public comments received
by the Agency regarding regulation
changes in the final rule; request for
comments on June 18, 2019, as
published in the Federal Register and,
as a result, incorporates updates and
modifications to the final rule.
DATES:
Effective date: This rule is effective
October 14, 2021.
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 October 14, 2021.
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:
SUMMARY:
Executive Order 12866
This final rule is exempt from the
Office of Management and Budget
(OMB) review for purposes of Executive
E:\FR\FM\14OCR1.SGM
14OCR1
57016
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations
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.
lotter on DSK11XQN23PROD with RULES1
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).
VerDate Sep<11>2014
16:23 Oct 13, 2021
Jkt 256001
Assistance Listings (Formerly the
Catalog of Federal Domestic Assistance)
Assistance Listings (formerly the
Catalog of Federal Domestic Assistance
(CFDA)) are detailed public descriptions
of Federal programs that provide grants,
loans, scholarships, insurance, and
other types of assistance awards. You
may browse assistance listings across all
government agencies to learn about
potential funding sources. The program
described by this final rule is detailed
in the Assistance Listings under No.
10.850, Rural Electrification Loans and
Loan Guarantees. Visit the following
website for further information: https://
sam.gov/content/assistance-listings.
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.
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
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
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); 7 CFR 1728.201 ‘‘Bulletin
1728H–701, Specification for Wood
Crossarms (Solid and Laminate),
Transmission Timbers, and Pole Keys;’’
and 7 CFR 1728.202 ‘‘Bulletin 1728H–
E:\FR\FM\14OCR1.SGM
14OCR1
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations
702, Specification for Quality Control
and Inspection of Timber Products.’’
II. Purpose of the Regulatory Action
This final rulemaking adopts most of
the changes to Bulletin 1728F–700,
‘‘RUS Specification for Wood Poles,
Stubs and Anchor Logs’’ (incorporated
by reference at § 1728.97); 7 CFR
1728.201 ‘‘Bulletin 1728H–701,
Specification for Wood Crossarms (Solid
and Laminate), Transmission Timbers,
and Pole Keys;’’ and 7 CFR 1728.202
‘‘Bulletin 1728H–702, Specification for
Quality Control and Inspection of
Timber Products,’’ as published in the
final rule; request for comments on June
18, 2019 (84 FR 28186), in the Federal
Register. This final rule also
incorporates some of the suggestions
received by the Agency through
submitted public comments, as well as
administrative updates and
clarifications based on Agency
experience in working with borrowers.
A summary of the major changes to
these three bulletins are noted in the
Agency’s responses to the commenters
and Summary of Changes section of this
document.
lotter on DSK11XQN23PROD with RULES1
III. Summary of Comments and
Responses
As noted above, the Agency invited
comments on the final rule; request for
comments published on June 18, 2019,
in the Federal Register on or before
August 2, 2019. The Agency received
comments from the following
organizations: Treated Wood Council
(TWC); North American Wood Pole
Council (NAWPC); Viance, LLC, a wood
preservative chemical manufacturer;
McFarland Cascade a Stella-Jones
Company, a producer of utility poles;
and Brooks Manufacturing Co., which
are summarized as follows:
Comments and Responses Relevant to
Bulletin 1728F–700, ‘‘Specification for
Wood Poles, Stubs and Anchor Logs
(Incorporated by Reference at
§ 1728.97)’’
Comment 1: Two commenters noted
that the RUS stated its intent to remove
Northern White Cedar from the list of
approved species, but one reference to
Northern White Cedar in paragraph
8d(1)(b) was not removed.
Agency Response: The Agency agrees
and in this final rule we removed
northern white cedar as an acceptable
pole species in that paragraph and also
added ‘‘Alaska Yellow Cedar.’’ The use
of Alaska Yellow Cedar is a viable
choice for poles and crossarms.
Comment 2: Three commenters
requested that the Agency update all the
references to the ‘‘latest version of the
VerDate Sep<11>2014
16:23 Oct 13, 2021
Jkt 256001
American Wood Protection Association
(AWPA) Book of Standards’’ in the
Bulletin 1728F–700.
Agency Response: The Agency agrees
to use the ‘‘latest version of the AWPA
Book of Standards’’ that is available at
the time the bulletin is updated.
Comment 3: Three commenters asked
that RUS should allow shipment of
material(s) greater than two years after
initial treatment, so long as it has been
retreated and reinspected to ensure it
continues to meet the RUS
specifications.
Agency Response: The two-year time
is confirmed by a result of survey of
industry experts and is a balance of
interest of RUS borrowers and pole
suppliers.
Comment 4a: Four commenters urged
RUS to delete references to specific
preservatives.
Agency Response: In general, the
Agency does not agree with deleting
references to specific preservatives.
However, given that the Ammoniacal
Copper Arsenate (ACA) is no longer
listed in the AWPA Standards in Pole
Specifications and Crossarm
Specifications, the Agency is no longer
referencing ACA in Bulletin 1728F–700.
Comment 4b: Four commenters asked
the Agency to allow RUS Borrowers to
choose from ‘‘any of the preservatives
approved in the AWPA Standards for
the commodities being purchased’’.
Agency Response: RUS maintains an
approved List of Material. For borrowers
desiring to use materials that are not on
the List, there is a process where
approval to use such materials can be
requested from RUS on a case-by-case
basis. The same process would apply to
any AWPA approved preservative that
is not listed in this RUS specification.
RUS reviewed DCOI (Dichloro-2-noctyl-4-isothiazolin-3) application
package and focused on Treatability and
field pole stub/post-test. It is
determined to include AWPA approved
DCOI in RUS bulletins as a new
preservative to address the
discontinuation of penta.
Comment 5: Three commenters stated
that there is no basis for providing
compliance to the requirement for
sterilization, described as heating the
pith center to 150 °F for one hour as the
standard; rule concerning heat transfer
taking one hour for each inch of
diameter has been removed from the
specification.
Agency Response: The Agency
believes that there may be a
misunderstanding on how the
statement, as published in the final rule
that ‘‘Heat transfer usually requires 1
hour for each inch of diameter at
150 °F,’’ has been interpreted. Citing the
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
57017
statement was not intended to be a
requirement but rather included as an
informational statement. The Agency’s
position is supported by the USDA
Agriculture Handbook #40, printed in
1952 and the current ANSI 05.1 pole
specification (Paragraph 5.2.1.6), where
there is no basis for compliance.
Comment 6: Three commenters
requested that in addition to a calibrated
recording chart, RUS acknowledge that
electronic or digital storage of
temperatures and pressures during the
treating cycle is also acceptable.
Agency Response: The Agency agrees
and includes the digital storage in this
final rule to keep up with the industry
practice.
Comment 7: Two commenters
recommended that the information in
the present 8d(3)(b)(3) concerning retreatment should be removed and be
combined with the information in the
present 8e(3) as they are presently
duplicative.
Agency Response: The Agency agrees
and in this final rule we removed the
duplicated info in 8d(3)(b)(3) and
combined with Item 8e(3) in the final
rule.
Comment 8: Two commenters noted
that the tables should be re-numbered to
be in a continuous sequence with all
references to the tables being adjusted to
reflect the changes.
Agency Response: The Agency agrees
with the commenters and in this final
rule we renumbered the tables numbers
in a continuous sequence and all
references to the tables are updated
accordingly.
Comment 9: Two commenters noted
that the word ‘‘cedar’’ is used in the
bulletin without clarifying whether it is
Western Red Cedar or Alaskan Yellow
Cedar or both.
Agency Response: The Agency does
not see a need to clarify the word
‘‘cedar’’ when specifications are
applicable to both. They are normally
not separated from one another during
the production process.
Comment 10: Three commenters
recommended that in Appendix A
paragraph 4b(3) Kiln Drying, Red Pine
should be added to the species allowed
to be dried at above 170 °F.
Agency Response: The Agency agrees
with the comment and in this final rule
we added Red Pine to the species
allowed to be dried at above 170 °F in
this final rule.
Comment 11: Two commenters noted
that Table 10, in the middle section
should be labeled as ‘‘Thermal Process’’
not ‘‘Pressure and Thermal process.’’
Agency Response: The Agency agrees
and in this final rule we deleted
‘‘Pressure and’’ and keep ‘‘Thermal
E:\FR\FM\14OCR1.SGM
14OCR1
57018
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
Process’’ in the table. Note that the table
is now Table 8 after the table
renumbering.
Comment 12: Two commenters noted
that Table 10 in the revised
specification has a new Note ‘‘M’’ which
concerns a second (inner) assay zone for
Douglas Fir transmission poles. There is
no footnote M referenced in the body of
the table. The assay zone specified in
Note M would be the zone 1.0 to 1.5
inches from the surface which disagrees
with the requirements found in AWPA
T–1 which the RUS specification
references. All Douglas Fir transmission
poles are required by the RUS
specification to be deep incised or radial
drilled to 21⁄2 inches in depth and
AWPA would specify the inner assay
zone as the zone 2.0 to 2.5 inches from
the surface. The requirement in the note
to Table 10 is far less stringent than the
AWPA requirements which may
indicate an error has been made in Note
M. A superscript M should be added to
the Douglas Fir line in the Table.
Agency Response: In this final rule,
the Agency incorporated the corrections
of Note M to the Table and an inner
assay zone 2.0″–2.5″ is used as in the
AWPA. A superscript M is added to the
Douglas Fir line in the Table.
Comment 13: Two commenters
requested that the Poles Framing Guide
in Figure 2 should be modified to
include the additional holes that are
‘‘very frequently’’ being requested by
RUS Borrowers. ‘‘RUS should survey
the RUS Borrowers to identify the size
and placement of these additional holes
and add them to the drawing as allowed
optional holes. The lack of framing
uniformity by the RUS Borrowers makes
it impossible to maintain a single
reserve treated stock that could be
shipped to all RUS Borrowers. Addition
of these additional holes to the framing
drawing as acceptable optional holes
would allow a supplier, at his own
expense, to provide the additional holes
on all poles and have them be accepted
by all RUS Borrowers.’’
Agency Response: Most RUS
borrowers continue to use standard
M–20 framing. At the current time, RUS
will not make changes to the M–20
framing pattern nor adding a note, as it
would take a codified revision of
another bulletin to do so. In the future,
should the majority of cooperative
borrowers across the country begin
requesting special framing, RUS will
consider making such a change during
the next regulation revision cycle.
Comment 14: One commenter noted
that additional language on an alternate
referee method on ring count is not
necessary.
Agency Response: Agency disagrees.
As an additional volume of lower
density timber moves into the pole
market, accurate determination of ring
count becomes very important. The
Agency has added the following ANSI
O5.1 language in the rule per the
commenter: ‘‘For poles that exhibit a
non-uniform growth rate around the
circumference, the average growth rate
shall be determined at the midpoint of
the shortest arc between the point
showing the fewest growth rings in the
required zone and the point showing the
most growth rings in the required zone.’’
Comments and Responses Relevant to 7
CFR 1728.201, Bulletin 1728F–701,
Specification for Wood Crossarms (Solid
and Laminated), Transmission Timbers
and Pole Keys
Comment 1: Three commenters noted
that the word ‘‘round’’ should be
changed back to the original word
‘‘sound’’ in the appropriate places.
Agency Response: The typo is
corrected, and the word ‘‘sound’’
replaced the word ‘‘round’’ to correct
the typo.
Comment 2: Three commenters
requested that die-stamping must be
returned as an allowable means to mark
crossarms as the largest crossarm
Preservative
Analytical method
Pentachlorophenol ..............................................
Creosote .............................................................
Waterborne .........................................................
Copper Naphthenate ..........................................
DCOI ...................................................................
XRF, Lime Ignition, Copper Pyridine ...............
Toluene Extraction ...........................................
XRF ..................................................................
XRF ..................................................................
XRF, HPLC ......................................................
manufacturer no longer burn brands the
arms due to fire safety issues in the
plant.
Agency Response: The Agency agrees
and in this final rule added back in two
places Die-stamping, however, Dyestamping is not allowed as it will not
last long (<18 months).
Comment 3: Four commenters asked
to allow RUS Borrowers to choose from
‘‘any of the preservatives approved in
the AWPA Standards for the
commodities being purchased’’.
Agency Response: RUS maintains an
approved List of Materials. For
borrowers desiring to use materials that
are not on the List, there is a process
where approval to use such materials
can be requested from RUS on a caseby-case basis. The same process would
apply to any AWPA approved
preservative that is not listed in this
RUS specification. RUS reviewed DCOI
application package focusing on
Treatability and field pole stub/post-test
and determined to include AWPA
approved DCOI in RUS bulletins as a
new preservative to address the
discontinuation of Pentachlorophenol
(penta).
Comments and Responses Relevant
Only 7 CFR 1728.202, Bulletin 1728H–
702, Specification for Quality Control
and Inspection of Timber Products
Comment 1: Two commenters noted
that the referee methods shown in Table
1 to Paragraph (b)(10) do not agree in all
cases with the referee methods shown in
AWPA Standard A15–19.
Agency Response: The listing of X-ray
spectroscopy as the referee method for
water-borne preservatives instead of the
previous wet ash chemistry method was
due to the complexity of the method
itself and the fact that few companies
currently have the necessary experience
or facilities required to run a wet ash.
The Agency in this final rule revised the
table as follows, which includes the
methods for DCOI:
Referee method
Lime Ignition, Copper Pyridine.
Toluene Extraction.
XRF.
ICP, GC.
HPLC.
XRF—X-ray fluorescence.
HPLC—High Performance Liquid Chromatography.
ICP—Inductively coupled plasma.
GC—Gas Chromatography.
Comment 2: Two commenters
requested to allow the use of a set of
graduated treated wood samples for
calibration of an XRF used for penta
VerDate Sep<11>2014
16:23 Oct 13, 2021
Jkt 256001
analysis. Table 1 to Paragraph (b)(10)
should be amended to show XRF also as
an allowable method for penta and the
text should be amended to add AWPA
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
A9 to the present reference to AWPA
A83.
Agency Response: A change is made
to allow the use of a set of graduated
E:\FR\FM\14OCR1.SGM
14OCR1
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
treated wood samples for calibration of
an XRF used for penta analysis. The
Agency wants to note that this is for
calibration of XRF units and does not
relieve the inspection agencies from the
requirement that they maintain
laboratories that are properly equipped
to run the listed referee methods. As
listed in the table above, XRF will be an
allowable method for penta. ‘‘AWPA
A83’’ in the paragraph will be replaced
with ‘‘AWPA A83 or AWPA A9’’.
IV. Summary of Changes
In addition to the final rule changes
published in the Federal Register on
June 18, 2019, the following is a
summary of other changes to these three
bulletins as a result of public comments
and Agency clarifications:
1. All references cited in these
bulletins are updated to the latest
edition in 7 CFR 1728.201, Bulletin
1728H–701 and 1728.202 Bulletin
1728H–702 or ‘‘the latest version’’ is
used in Bulletin 1724F–700
(incorporated by reference at § 1728.97).
2. AWPA approved 4,5 Dichloro-2-noctyl-4-isothiazolin-3 one (DCOI) is
included in 1728F–700 (incorporated by
reference at § 1728.97), 7 CFR 1728.201
Bulletin 1728H–701, and 7 CFR
1728.202 Bulletin 1728H–702 as a new
preservative to address the
discontinuation of Pentachlorophenol,
another preservative.
3. AWPA A30–18, Standard Method
for the Determination of 4,5 Dichloro-2n-octyl-4-isothiazolin-3 one (DCOI) in
Wood and Solutions by High
Performance Liquid Chromatography, is
incorporated by reference in § 1728.97
to support the inclusion of DCOI as a
RUS approved preservative in Bulletin
1724F–700 (incorporated by reference at
§ 1728.97) and 7 CFR 1728.202 Bulletin
1728H–702.
4. ANSI O5.1 language on ring count
is added as an alternate referee method
to determine a non-uniform growth rate
in Bulletin 1728F–700.
5. Table 8 in Bulletin 1728F–700 is
updated to be consistent with the
upcoming AWPA Standards, 2021.
6. An Analytical Method column is
added in Table 1 to Paragraph (b)(10) for
those preservatives in 7 CFR 1728.202
Bulletin 1728F–702.
7. In Bulletin 1728F–700, Section
8.d.(3).(a), to clarify the dimension from
(b) For Group B poles (Those poles with
a circumference of more than 37.5
inches at 6 feet from butt); will now
read (b) For Group B poles (Those poles
with a circumference of 37.5 inches or
greater at 6 feet from butt).
8. In 7 CFR 1728.202 Bulletin 1728H–
702, a supplemental correction is made
to include a paragraph on quality marks
VerDate Sep<11>2014
16:23 Oct 13, 2021
Jkt 256001
on crossarms. This is not a new
requirement. The quality marks have
been applied as an industry practice.
The paragraphs in Section (g), have been
renumbered with the addition of a new
clarifying paragraph below.
‘‘Third-party inspectors shall verify
their acceptance of untreated crossarms
that have been offered by the producer
as conforming by marking each accepted
piece in one end with a clear, legible
hammer stamp. Following treatment,
inspectors shall verify their acceptance
of treated crossarms that have been
offered by the producer as conforming
by marking each accepted piece in the
opposing end with a clear, legible
hammer stamp. The inspector shall
personally mark each piece for
acceptance and shall not delegate this
responsibility to any other individual.’’
9. Changes relevant to Bulletin
1728F–700 (incorporated by reference at
§ 1728.97), 7 CFR 1728.201 Bulletin
1728H–701, and 7 CFR 1728.202
Bulletin 1728H–702:
Specifications requiring that all thirdparty agencies involved in the
inspection of RUS products must, on an
annual basis, provide RUS Technical
Standards Committee ‘‘A’’ with proof
that the agency does have: (1) The
required insurance coverage, and (2) the
required, fully equipped laboratory
capable of running each of the referee
methods of analysis.
While these two requirements
themselves are not new, providing proof
of such to RUS on an annual basis is
new. The reason for making this change
is that in recent years, there apparently
have been several instances where thirdparty agencies involved in RUS
inspection did not have the required
insurance or the required lab facilities.
Given that RUS currently does not have
the ability to provide an active overview
of these third-party agencies, this
change simply provides RUS with a
method for checking the basic
legitimacy of any company involved in
the inspection of RUS treated wood
products. It also provides both RUS and
the cooperative borrower with some
possible source of fiscal recovery if
problems with product service in line
can be traced back to performance
issues involving the third-party agency
being utilized.
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
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
57019
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:
https://www.rd.usda.gov/resources/
regulations/bulletins.
ANSI O5.2–2020, Structural Glued
Laminated Timber for Utility Structures,
covers requirements for manufacturing
and quality control of structural glued
laminated timber of Southern Pine,
Coastal Region Douglas Fir, Hem Fir and
other species of similar treatability for
electric power and communication
structures.
ANSI standards are reasonably
available to obtain by calling 212–642–
4980 or by online access at their web
address: https://webstore.ansi.org/ for a
fee. ANSI O5.2–2020 is also available
for a fee in ANSI O5.—Wood Poles
Package.
AWPA A6–20, Method for the
Determination of Oil-Type Preservatives
and Water in Wood. This method is
suitable for the determination of
creosote, petroleum, and their solutions
in treated wood when the sample
contains at least 5.0 grams of wood and
one gram of oil. Preservatives, such as
copper naphthenate, or
pentachlorophenol or DCOI, may not be
quantitatively extracted by this method.
The method can also be used for the
determination of water in treated or
untreated wood, but when it is so used,
the directions on handling the sample in
Standard M2 must be followed
carefully.
AWPA A9–20, Standard Method for
Analysis of Treated Wood and Treating
Solutions By X-Ray Spectroscopy. This
method provides for the non-destructive
analysis of treated wood and treating
solutions by X-ray fluorescence
spectroscopy and is applicable to the
determination of elements of atomic
number 5 or higher that are present in
significant quantity in the wood
(usually above 0.05%). The elements
covered in this method are specified for
use in preservative and fire-retardant
treatment of wood.
AWPA A15–19, Referee Methods.
Referee methods are given to assist in
the resolution of disputes over the
acceptability of the active(s) in treated
wood products.
AWPA A30–18, Standard Method for
the Determination of 4,5 Dichloro-2-noctyl-4-isothiazolin-3 one (DCOI) in
Wood and Solutions by High
Performance Liquid Chromatography.
This describes the method useful for the
E:\FR\FM\14OCR1.SGM
14OCR1
lotter on DSK11XQN23PROD with RULES1
57020
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations
chemical analysis of DCOI in wood and
solutions.
AWPA A69–18, Standard Method to
Determine the Penetration of Copper
Containing Preservatives, is employed
to determine the penetration depth of
copper containing preservatives into
treated wood to decide whether the
treated product meets acceptance levels
as prescribed in treatment standards.
AWPA A70–18, Standard Method to
Determine the Penetration of
Pentachlorophenol Using a SilverCopper Complex Known as PentaCheck. This standard is employed to
determine the penetration depth of
pentachlorophenol containing
preservatives where the wood has been
treated with pentachlorophenol
dissolved in light-colored Hydrocarbon
Solvent Type A or Hydrocarbon Type C
of AWPA Standard P9 into treated wood
to decide whether the treated product
meets acceptance levels as prescribed in
treatment standards.
AWPA A71–18, Standard Methods for
Determining Penetration of Solvent
Used with Oil-Soluble Preservatives.
This standard is provided exclusively
for determining the penetration of oilsoluble organic biocides in wood where
the wood has been treated with the oilsoluble organic biocide dissolved in
light-colored Hydrocarbon Solvent Type
A of AWPA Standard P9.
AWPA M2–19, Standard for the
Inspection of Preservative Treated
Products for Industrial Use. This
Standard provides procedures for
inspection at wood preserving plants of
industrial products including but not
limited to poles, crossarms, piling, ties,
timbers, round posts and composite
wood products. This Standard also
contains detailed procedures and test
methods for determining the
conformance of treated wood products
with specified standards or other
written product quality specifications.
AWPA T1–20, Use Category System:
Processing and Treatment Standard.
This Processing and Treatment Standard
contains the minimum requirements
and process limitations for treating
wood products under the AWPA
Standards. This includes conditioning
of material for treatment, treatment
processes and limitations, end-results of
treatment, post treatment handling, and
quality control applicable to all
commodities treated under the AWPA
Use Category System.
AWPA U1–20, Use Category System:
User Specification for Treated Wood.
The Use Category System (UCS) of the
American Wood Protection Association
(AWPA) designates what preservative
systems and retentions have been
determined to be effective in protecting
VerDate Sep<11>2014
16:23 Oct 13, 2021
Jkt 256001
wood products under specified
exposure conditions.
AWPA standards are reasonably
available to obtain for a fee by calling
1–855–999–9870 or by online access at
the web address: https://www.techstreet.
com/standards/awpa-book2020?product_id=2110160%20h for a
fee. AWPA standards are also available
for a fee in 2020–AWPA Book of
Standards at https://awpa.com/
standards.
AWPA A83–18, which appears in the
regulatory text, was previously
approved for § 1728.202 June 18, 2019.
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., 6941 et seq.
2. Amend § 1728.97 by:
a. In the introductory text, remove the
text ‘‘call (202) 741–6030’’ and add in
its place the text ‘‘email fr.inspection@
nara.gov’’; and
■ b. Revising paragraphs (a)(21), (c)(1),
and (e).
The revisions 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, September 9, 2021,
incorporation approved for §§ 1728.98
and 1728.202.
*
*
*
*
*
(c) * * *
(1) ANSI O5.2–2020, Structural Glued
Laminated Timber for Utility Structures,
approved January 10, 2020,
incorporation by reference approved for
§§ 1728.201 and 1728.202.
*
*
*
*
*
(e) American Wood Protection
Association (AWPA), P.O. Box 361784,
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
Birmingham, AL 35236–1784, telephone
205–733–4077, www.awpa.com.
(1) AWPA A6–20, Standard for the
Determination of Retention of Oil-Type
Preservatives from Small Samples,
Revised 2020, incorporation by
reference approved for § 1728.202.
(2) AWPA A9–20, Standard Method
for Analysis of Treated Wood and
Treating Solutions By X-Ray
Spectroscopy, Revised 2020,
incorporation by reference approved for
§ 1728.202.
(3) AWPA A15–19, Referee Methods,
Revised 2019, incorporation by
reference approved for § 1728.202.
(4) AWPA A30–18, Standard Method
for the Determination of 4,5 Dichloro-2n-octyl-4-isothiazolin-3 one (DCOI) in
Wood and Solutions by High
Performance Liquid Chromatography
(HPLC), Revised 2018, incorporation by
reference approved for § 1728.202.
(5) AWPA A69–18, Standard Method
to Determine the Penetration of Copper
Containing Preservatives, Reaffirmed
2018, incorporation by reference
approved for § 1728.202.
(6) AWPA A70–18, Standard Method
to Determine the Penetration of
Pentachlorophenol Using a SilverCopper Complex Known as PentaCheck, Reaffirmed in 2018,
incorporation by reference approved for
§ 1728.202.
(7) AWPA A71–18, Standard Method
to Determine the Penetration of Solvent
Used with Oil-Soluble Preservatives,
Reaffirmed 2018, incorporation by
reference approved for § 1728.202.
(8) AWPA A83–18, Standard Method
for Determination of Chloride for
Calculating Pentachlorophenol in
Solution or Wood, Reaffirmed 2018,
incorporation by reference approved for
§ 1728.202.
(9) AWPA M2–19, Standard for the
Inspection of Preservative Treated
Products for Industrial Use, Revised
2019, incorporation by reference
approved for § 1728.202.
(10) AWPA T1–20, Use Category
System: Processing and Treatment
Standard, Revised 2020, incorporation
by reference § 1728.201.
(11) AWPA U1–20, Use Category
System: User Specification for Treated
Wood, Revised 2020, incorporation by
reference approved for §§ 1728.201 and
1728.202.
*
*
*
*
*
■ 3. Amend § 1728.98 by revising
paragraph (a)(21) to read as follows:
§ 1728.98 Electric standards and
specifications.
(a) * * *
E:\FR\FM\14OCR1.SGM
14OCR1
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations
(21) Bulletin 1728F–700, RUS
Specification for Wood Poles, Stubs and
Anchor Logs, September 9, 2021.
*
*
*
*
*
■ 4. Amend § 1728.201 by:
■ a. Adding paragraph (b)(11);
■ b. Revising paragraphs (d)(3)
introductory text, (d)(3)(i), (h)(1),
(i)(2)(ii), and (j)(4)(ii);
■ c. Adding paragraph (j)(4)(v); and
■ d. Revising paragraphs (k)(1), (k)(3)
introductory text, and (k)(3)(iv) and (v).
The additions and revisions read as
follows:
§ 1728.201 Bulletin 1728H–701,
Specification for Wood Crossarms (Solid
and Laminated), Transmission Timbers and
Pole Keys.
*
*
*
*
*
(b) * * *
(11) Arm producers shall have and
maintain liability insurance in the
amount of $1 million. Evidence of
compliance to this requirement shall be
forwarded to the RUS annually. The
evidence shall be in the form of a
certificate of insurance or a bond signed
by a representative of the insurance
company or Surety Bonding company
and include a provision that no change
in, or cancellation of, will be made
without the prior written notice to the
Chairman, Technical Standards
Committee ‘‘A’’ (Electric), 1400
Independence Ave. SW, Stop 1569,
Washington, DC 20250–1569.
*
*
*
*
*
(d) * * *
(3) Knots. Well-spaced sound, firm,
and tight knots are permitted.
(i) Slightly decayed knots are
permitted, except on the top face,
provided the decay extends no more
than 3⁄4 of an inch into the knot and
provided the cavities will drain water
when the arm is installed. For knots to
be considered well-spaced, the sum of
the sizes of all knots in any 6 inches of
length of a piece shall not exceed twice
the size of the largest knot permitted.
More than one knot of maximum
permissible size shall not be in the same
6 inches of length. Slightly decayed,
firm, or sound ‘‘pin knots’’ (3⁄8 of an
inch or less) are not considered in size,
spacing, or zone considerations.
*
*
*
*
*
(h) * * *
(1) Creosote, water-borne
preservatives, pentachlorophenol, DCOI,
and copper naphthenate shall conform
to the requirements of AWPA U1
(incorporated by reference at § 1728.97).
Oxide formulations of waterborne
preservatives shall be supplied. If CCA
is the selected preservative, CCA–C
shall be the type required.
*
*
*
*
*
(i) * * *
(2) * * *
*
*
*
*
*
(ii) Heating in Preservative ......................................................................................................................................
*
*
*
(j) * * *
(4) * * *
*
*
Preservative
Retention (pcf)
*
*
*
(ii) Pentachlorophenol ...........
*
*
*
*
(v) DCOI ...............................
*
*
1 0.4/0.36
*
0.13
1 If the copper pyridine method is used
when timbers may have been in contact with
salt water, a penta retention of 0.36 pcf is required for all species native to the Pacific
Coast region.
lotter on DSK11XQN23PROD with RULES1
*
*
*
*
*
(k) * * *
(1) Before treatment, arms shall be
legibly branded (hot brand) or diestamped to a depth of approximately 1⁄16
of an inch, with the top of the brand
oriented to the top of the arm. The
brand shall be placed on either of the
wide surfaces of the arm, approximately
one foot from the midpoint of the piece.
*
*
*
*
*
(3) The brand or die-stamp shall
include:
*
*
*
*
*
VerDate Sep<11>2014
16:23 Oct 13, 2021
Jkt 256001
(iv) Preservative (C for creosote, DA
for DCOI, PA for penta, SK for CCA, SZ
for ACZA, N for Copper Naphthenate);
and
(v) Required retention. An example of
required retention is: M–6–16
Manufacturer—Month—Year and DF–
PA–.4 Douglas-fir–penta treated—.40
pcf retention.
*
*
*
*
*
■ 5. Amend § 1728.202 by:
■ a. Revising paragraphs (b)(10) and (d);
■ b. In paragraph (e)(5):
■ i. Removing the superscript ‘‘1’’ in the
fifth table heading; and
■ ii. Redesignating footnote 1 to table 2
as note 2 to table 2 and revising newly
redesignated note 2;
■ c. Revising paragraph (e)(7); and
■ d. Redesignating paragraph (g)(2) as
paragraph (g)(3) and adding a new
paragraph (g)(2).
The revisions and addition read as
follows:
§ 1728.202 Bulletin 1728H–702,
Specification for Quality Control and
Inspection of Timber Products.
*
*
*
*
*
(b) * * *
(10) Inspection agencies shall
maintain their own properly equipped
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
57021
Max. time
(hours)
Temperature
3
*
210 °F
*
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.
AWPA A83 or AWPA A9 (incorporated
by reference at § 1728.97) shall be
followed for Pentachlorophenol testing,
AWPA–A30 or AWPA A9 (incorporated
by reference at § 1728.97) shall be
followed for DCOI testing, AWPA A6
(incorporated by reference at § 1728.97)
shall be followed for Creosote testing,
and AWPA A9 (incorporated by
reference at § 1728.97) shall be followed
for XRF, as illustrated in the following
table:
E:\FR\FM\14OCR1.SGM
14OCR1
57022
Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations
TABLE 1 TO PARAGRAPH (b)(10)
Preservative
Analytical method
Referee method
Pentachlorophenol ........................................................
Creosote .......................................................................
Waterborne ...................................................................
Copper Naphthenate ....................................................
DCOI .............................................................................
XRF, Lime Ignition, Copper Pyridine ..........................
Toluene Extraction ......................................................
XRF .............................................................................
XRF .............................................................................
XRF, HPLC .................................................................
Lime Ignition, Copper Pyridine.
Toluene Extraction.
XRF.
ICP, GC.
HPLC.
Note 1 to table 1 to paragraph (b)(10): XFR means X-ray fluorescence; HPLC means High Performance Liquid Chromatography; ICP means
Inductively coupled plasma; and GC means Gas Chromatography.
*
*
*
*
*
(d) Preservatives. Creosote,
waterborne preservatives,
pentachlorophenol, DCOI, and copper
naphthenate shall conform to current
AWPA U1 (incorporated by reference in
§ 1728.97).
(e) * * *
(5) * * *
Note 2 to table 2 to paragraph (e)(5):
Retention and penetration requirements for
each different species and preservative are
listed in Table 8 of Appendix A, RUS
Bulletin 1728F–700, Specification for Wood
Poles, Stubs and Anchor Logs (incorporated
by reference at § 1728.97).
*
*
*
*
*
(7) Penetration compliance of both
poles and crossarms shall be determined
in accordance with the standard AWPA
A15 (incorporated by reference at
§ 1728.97). Chrome Azurol S shall be
used to determine the penetration of
copper containing preservatives AWPA
A69 (incorporated by reference at
§ 1728.97), Penta-Check shall be used to
determine the penetration of penta
AWPA A70 (incorporated by reference
at § 1728.97), and Red-O dye for
penetration of DCOI AWPA A71
(incorporated by reference at § 1728.97),
respectively.
*
*
*
*
*
(g) * * *
(2) Third-party inspectors shall verify
their acceptance of untreated crossarms
that have been offered by the producer
as conforming by marking each accepted
piece in one end with a clear, legible
hammer stamp. Following treatment,
inspectors shall verify their acceptance
of treated crossarms that have been
offered by the producer as conforming
by marking each accepted piece in the
opposing end with a clear, legible
hammer stamp. The inspector shall
personally mark each piece for
acceptance and shall not delegate this
responsibility to any other individual.
*
*
*
*
*
Issue date
(a) 1728.202 ..............................................
9.9.2021
*
[FR Doc. 2021–22255 Filed 10–13–21; 8:45 am]
BILLING CODE 3410–15–P
*
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
lotter on DSK11XQN23PROD with RULES1
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for all
Dassault Aviation Model FALCON 7X,
FALCON 900EX, and FALCON 2000EX
SUMMARY:
Jkt 256001
§ 1755.97 Telephone standards and
specifications.
*
*
*
*
*
(b) * * *
(13) Bulletin 1728F–700, RUS
Specification for Wood Poles, Stubs and
Anchor Logs, September 9, 2021.
*
*
*
*
*
■ 8. Amend § 1755.98 by revising
paragraph (a) to read as follows:
§ 1755.98 List of telecommunications
specifications included in other 7 CFR
parts.
PO 00000
*
*
*
RIN 2120–AA64
16:23 Oct 13, 2021
7. Amend § 1755.97 by revising
paragraph (b)(13) to read as follows:
■
*
*
RUS Specification for Quality Control and Inspection of Timber Products.
[Docket No. FAA–2021–0569; Project
Identifier MCAI–2020–01692–T; Amendment
39–21752; AD 2021–20–14]
VerDate Sep<11>2014
Authority: 7 U.S.C. 901 et seq., 1921 et
seq., 6941 et seq.
Title
*
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
6. The authority citation for part 1755
continues to read as follows:
■
*
Section
*
PART 1755—TELECOMMUNICATIONS
POLICIES ON SPECIFICATIONS,
ACCEPTABLE MATERIALS, AND
STANDARD CONTRACT FORMS
Frm 00012
Fmt 4700
Sfmt 4700
*
*
airplanes. This AD was prompted by a
report of a manufacturing issue
involving misalignment of a cabin seat
pin and plate that can prevent the
recline locking mechanism from
properly engaging when the seat is in
taxi, take-off, or landing position. This
AD requires an inspection of certain
cabin seats for discrepancies and
corrective action, as specified in
European Union Aviation Safety Agency
(EASA) AD, which is incorporated by
reference. The FAA is issuing this AD
to address the unsafe condition on these
products.
This AD is effective November
18, 2021.
The Director of the Federal Register
approved the incorporation by reference
DATES:
E:\FR\FM\14OCR1.SGM
14OCR1
]]>Agencies
[Federal Register Volume 86, Number 196 (Thursday, October 14, 2021)]
[Rules and Regulations]
[Pages 57015-57022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22255]
=======================================================================
-----------------------------------------------------------------------
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
AGENCY: Rural Utilities Service, Department of Agriculture (USDA).
ACTION: Final rule; response to comments.
-----------------------------------------------------------------------
SUMMARY: The Rural Utilities Service (RUS), a Rural Development agency
of U.S. Department of Agriculture, is issuing a final rule to amend its
regulations on Electric and Telecommunications Standards and
Specifications for Materials, Equipment and Construction, updates to
Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs and Anchor
Logs; Bulletin 1728H-701, Specification for Wood Crossarms,
Transmission Timbers, and Pole Keys; and Bulletin 1728H-702,
Specification for Quality Control and Inspection of Timber Products
(Wood Bulletins) to keep RUS standards current with the technology
advances and consistent with the industry practice. This final rule
incorporates most of the changes from the final rule; request for
comments published on June 18, 2019, in the Federal Register. This rule
also addresses and takes into consideration public comments received by
the Agency regarding regulation changes in the final rule; request for
comments on June 18, 2019, as published in the Federal Register and, as
a result, incorporates updates and modifications to the final rule.
DATES:
Effective date: This rule is effective October 14, 2021.
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 October 14, 2021.
FOR FURTHER INFORMATION CONTACT: Chendi Zhang, Mechanical Engineer,
Engineering Standards Branch, Electric Programs [bond] Rural Utilities
Service [bond] Rural Development, U.S. Department of Agriculture, 1400
Independence Ave. SW [bond] Washington, DC 20250-1567 [bond] Phone:
202-690-9032 [bond] email: [email protected].
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This final rule is exempt from the Office of Management and Budget
(OMB) review for purposes of Executive
[[Page 57016]]
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 (Formerly the Catalog of Federal Domestic
Assistance)
Assistance Listings (formerly the Catalog of Federal Domestic
Assistance (CFDA)) are detailed public descriptions of Federal programs
that provide grants, loans, scholarships, insurance, and other types of
assistance awards. You may browse assistance listings across all
government agencies to learn about potential funding sources. The
program described by this final rule is detailed in the Assistance
Listings under No. 10.850, Rural Electrification Loans and Loan
Guarantees. Visit the following website for further information:
https://sam.gov/content/assistance-listings.
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.
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-a-program-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: [email protected].
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 Sec. 1728.97); 7 CFR
1728.201 ``Bulletin 1728H-701, Specification for Wood Crossarms (Solid
and Laminate), Transmission Timbers, and Pole Keys;'' and 7 CFR
1728.202 ``Bulletin 1728H-
[[Page 57017]]
702, Specification for Quality Control and Inspection of Timber
Products.''
II. Purpose of the Regulatory Action
This final rulemaking adopts most of the changes to Bulletin 1728F-
700, ``RUS Specification for Wood Poles, Stubs and Anchor Logs''
(incorporated by reference at Sec. 1728.97); 7 CFR 1728.201 ``Bulletin
1728H-701, Specification for Wood Crossarms (Solid and Laminate),
Transmission Timbers, and Pole Keys;'' and 7 CFR 1728.202 ``Bulletin
1728H-702, Specification for Quality Control and Inspection of Timber
Products,'' as published in the final rule; request for comments on
June 18, 2019 (84 FR 28186), in the Federal Register. This final rule
also incorporates some of the suggestions received by the Agency
through submitted public comments, as well as administrative updates
and clarifications based on Agency experience in working with
borrowers. A summary of the major changes to these three bulletins are
noted in the Agency's responses to the commenters and Summary of
Changes section of this document.
III. Summary of Comments and Responses
As noted above, the Agency invited comments on the final rule;
request for comments published on June 18, 2019, in the Federal
Register on or before August 2, 2019. The Agency received comments from
the following organizations: Treated Wood Council (TWC); North American
Wood Pole Council (NAWPC); Viance, LLC, a wood preservative chemical
manufacturer; McFarland Cascade a Stella-Jones Company, a producer of
utility poles; and Brooks Manufacturing Co., which are summarized as
follows:
Comments and Responses Relevant to Bulletin 1728F-700, ``Specification
for Wood Poles, Stubs and Anchor Logs (Incorporated by Reference at
Sec. 1728.97)''
Comment 1: Two commenters noted that the RUS stated its intent to
remove Northern White Cedar from the list of approved species, but one
reference to Northern White Cedar in paragraph 8d(1)(b) was not
removed.
Agency Response: The Agency agrees and in this final rule we
removed northern white cedar as an acceptable pole species in that
paragraph and also added ``Alaska Yellow Cedar.'' The use of Alaska
Yellow Cedar is a viable choice for poles and crossarms.
Comment 2: Three commenters requested that the Agency update all
the references to the ``latest version of the American Wood Protection
Association (AWPA) Book of Standards'' in the Bulletin 1728F-700.
Agency Response: The Agency agrees to use the ``latest version of
the AWPA Book of Standards'' that is available at the time the bulletin
is updated.
Comment 3: Three commenters asked that RUS should allow shipment of
material(s) greater than two years after initial treatment, so long as
it has been retreated and reinspected to ensure it continues to meet
the RUS specifications.
Agency Response: The two-year time is confirmed by a result of
survey of industry experts and is a balance of interest of RUS
borrowers and pole suppliers.
Comment 4a: Four commenters urged RUS to delete references to
specific preservatives.
Agency Response: In general, the Agency does not agree with
deleting references to specific preservatives. However, given that the
Ammoniacal Copper Arsenate (ACA) is no longer listed in the AWPA
Standards in Pole Specifications and Crossarm Specifications, the
Agency is no longer referencing ACA in Bulletin 1728F-700.
Comment 4b: Four commenters asked the Agency to allow RUS Borrowers
to choose from ``any of the preservatives approved in the AWPA
Standards for the commodities being purchased''.
Agency Response: RUS maintains an approved List of Material. For
borrowers desiring to use materials that are not on the List, there is
a process where approval to use such materials can be requested from
RUS on a case-by-case basis. The same process would apply to any AWPA
approved preservative that is not listed in this RUS specification.
RUS reviewed DCOI (Dichloro-2-n-octyl-4-isothiazolin-3) application
package and focused on Treatability and field pole stub/post-test. It
is determined to include AWPA approved DCOI in RUS bulletins as a new
preservative to address the discontinuation of penta.
Comment 5: Three commenters stated that there is no basis for
providing compliance to the requirement for sterilization, described as
heating the pith center to 150 [deg]F for one hour as the standard;
rule concerning heat transfer taking one hour for each inch of diameter
has been removed from the specification.
Agency Response: The Agency believes that there may be a
misunderstanding on how the statement, as published in the final rule
that ``Heat transfer usually requires 1 hour for each inch of diameter
at 150 [deg]F,'' has been interpreted. Citing the statement was not
intended to be a requirement but rather included as an informational
statement. The Agency's position is supported by the USDA Agriculture
Handbook #40, printed in 1952 and the current ANSI 05.1 pole
specification (Paragraph 5.2.1.6), where there is no basis for
compliance.
Comment 6: Three commenters requested that in addition to a
calibrated recording chart, RUS acknowledge that electronic or digital
storage of temperatures and pressures during the treating cycle is also
acceptable.
Agency Response: The Agency agrees and includes the digital storage
in this final rule to keep up with the industry practice.
Comment 7: Two commenters recommended that the information in the
present 8d(3)(b)(3) concerning re-treatment should be removed and be
combined with the information in the present 8e(3) as they are
presently duplicative.
Agency Response: The Agency agrees and in this final rule we
removed the duplicated info in 8d(3)(b)(3) and combined with Item 8e(3)
in the final rule.
Comment 8: Two commenters noted that the tables should be re-
numbered to be in a continuous sequence with all references to the
tables being adjusted to reflect the changes.
Agency Response: The Agency agrees with the commenters and in this
final rule we renumbered the tables numbers in a continuous sequence
and all references to the tables are updated accordingly.
Comment 9: Two commenters noted that the word ``cedar'' is used in
the bulletin without clarifying whether it is Western Red Cedar or
Alaskan Yellow Cedar or both.
Agency Response: The Agency does not see a need to clarify the word
``cedar'' when specifications are applicable to both. They are normally
not separated from one another during the production process.
Comment 10: Three commenters recommended that in Appendix A
paragraph 4b(3) Kiln Drying, Red Pine should be added to the species
allowed to be dried at above 170 [deg]F.
Agency Response: The Agency agrees with the comment and in this
final rule we added Red Pine to the species allowed to be dried at
above 170 [deg]F in this final rule.
Comment 11: Two commenters noted that Table 10, in the middle
section should be labeled as ``Thermal Process'' not ``Pressure and
Thermal process.''
Agency Response: The Agency agrees and in this final rule we
deleted ``Pressure and'' and keep ``Thermal
[[Page 57018]]
Process'' in the table. Note that the table is now Table 8 after the
table renumbering.
Comment 12: Two commenters noted that Table 10 in the revised
specification has a new Note ``M'' which concerns a second (inner)
assay zone for Douglas Fir transmission poles. There is no footnote M
referenced in the body of the table. The assay zone specified in Note M
would be the zone 1.0 to 1.5 inches from the surface which disagrees
with the requirements found in AWPA T-1 which the RUS specification
references. All Douglas Fir transmission poles are required by the RUS
specification to be deep incised or radial drilled to 2\1/2\ inches in
depth and AWPA would specify the inner assay zone as the zone 2.0 to
2.5 inches from the surface. The requirement in the note to Table 10 is
far less stringent than the AWPA requirements which may indicate an
error has been made in Note M. A superscript M should be added to the
Douglas Fir line in the Table.
Agency Response: In this final rule, the Agency incorporated the
corrections of Note M to the Table and an inner assay zone 2.0''-2.5''
is used as in the AWPA. A superscript M is added to the Douglas Fir
line in the Table.
Comment 13: Two commenters requested that the Poles Framing Guide
in Figure 2 should be modified to include the additional holes that are
``very frequently'' being requested by RUS Borrowers. ``RUS should
survey the RUS Borrowers to identify the size and placement of these
additional holes and add them to the drawing as allowed optional holes.
The lack of framing uniformity by the RUS Borrowers makes it impossible
to maintain a single reserve treated stock that could be shipped to all
RUS Borrowers. Addition of these additional holes to the framing
drawing as acceptable optional holes would allow a supplier, at his own
expense, to provide the additional holes on all poles and have them be
accepted by all RUS Borrowers.''
Agency Response: Most RUS borrowers continue to use standard M-20
framing. At the current time, RUS will not make changes to the M-20
framing pattern nor adding a note, as it would take a codified revision
of another bulletin to do so. In the future, should the majority of
cooperative borrowers across the country begin requesting special
framing, RUS will consider making such a change during the next
regulation revision cycle.
Comment 14: One commenter noted that additional language on an
alternate referee method on ring count is not necessary.
Agency Response: Agency disagrees. As an additional volume of lower
density timber moves into the pole market, accurate determination of
ring count becomes very important. The Agency has added the following
ANSI O5.1 language in the rule per the commenter: ``For poles that
exhibit a non-uniform growth rate around the circumference, the average
growth rate shall be determined at the midpoint of the shortest arc
between the point showing the fewest growth rings in the required zone
and the point showing the most growth rings in the required zone.''
Comments and Responses Relevant to 7 CFR 1728.201, Bulletin 1728F-701,
Specification for Wood Crossarms (Solid and Laminated), Transmission
Timbers and Pole Keys
Comment 1: Three commenters noted that the word ``round'' should be
changed back to the original word ``sound'' in the appropriate places.
Agency Response: The typo is corrected, and the word ``sound''
replaced the word ``round'' to correct the typo.
Comment 2: Three commenters requested that die-stamping must be
returned as an allowable means to mark crossarms as the largest
crossarm manufacturer no longer burn brands the arms due to fire safety
issues in the plant.
Agency Response: The Agency agrees and in this final rule added
back in two places Die-stamping, however, Dye-stamping is not allowed
as it will not last long (<18 months).
Comment 3: Four commenters asked to allow RUS Borrowers to choose
from ``any of the preservatives approved in the AWPA Standards for the
commodities being purchased''.
Agency Response: RUS maintains an approved List of Materials. For
borrowers desiring to use materials that are not on the List, there is
a process where approval to use such materials can be requested from
RUS on a case-by-case basis. The same process would apply to any AWPA
approved preservative that is not listed in this RUS specification. RUS
reviewed DCOI application package focusing on Treatability and field
pole stub/post-test and determined to include AWPA approved DCOI in RUS
bulletins as a new preservative to address the discontinuation of
Pentachlorophenol (penta).
Comments and Responses Relevant Only 7 CFR 1728.202, Bulletin 1728H-
702, Specification for Quality Control and Inspection of Timber
Products
Comment 1: Two commenters noted that the referee methods shown in
Table 1 to Paragraph (b)(10) do not agree in all cases with the referee
methods shown in AWPA Standard A15-19.
Agency Response: The listing of X-ray spectroscopy as the referee
method for water-borne preservatives instead of the previous wet ash
chemistry method was due to the complexity of the method itself and the
fact that few companies currently have the necessary experience or
facilities required to run a wet ash. The Agency in this final rule
revised the table as follows, which includes the methods for DCOI:
------------------------------------------------------------------------
Preservative Analytical method Referee method
------------------------------------------------------------------------
Pentachlorophenol........... XRF, Lime Ignition, Lime Ignition,
Copper Pyridine. Copper Pyridine.
Creosote.................... Toluene Extraction.. Toluene Extraction.
Waterborne.................. XRF................. XRF.
Copper Naphthenate.......... XRF................. ICP, GC.
DCOI........................ XRF, HPLC........... HPLC.
------------------------------------------------------------------------
XRF--X-ray fluorescence.
HPLC--High Performance Liquid Chromatography.
ICP--Inductively coupled plasma.
GC--Gas Chromatography.
Comment 2: Two commenters requested to allow the use of a set of
graduated treated wood samples for calibration of an XRF used for penta
analysis. Table 1 to Paragraph (b)(10) should be amended to show XRF
also as an allowable method for penta and the text should be amended to
add AWPA A9 to the present reference to AWPA A83.
Agency Response: A change is made to allow the use of a set of
graduated
[[Page 57019]]
treated wood samples for calibration of an XRF used for penta analysis.
The Agency wants to note that this is for calibration of XRF units and
does not relieve the inspection agencies from the requirement that they
maintain laboratories that are properly equipped to run the listed
referee methods. As listed in the table above, XRF will be an allowable
method for penta. ``AWPA A83'' in the paragraph will be replaced with
``AWPA A83 or AWPA A9''.
IV. Summary of Changes
In addition to the final rule changes published in the Federal
Register on June 18, 2019, the following is a summary of other changes
to these three bulletins as a result of public comments and Agency
clarifications:
1. All references cited in these bulletins are updated to the
latest edition in 7 CFR 1728.201, Bulletin 1728H-701 and 1728.202
Bulletin 1728H-702 or ``the latest version'' is used in Bulletin 1724F-
700 (incorporated by reference at Sec. 1728.97).
2. AWPA approved 4,5 Dichloro-2-n-octyl-4-isothiazolin-3 one (DCOI)
is included in 1728F-700 (incorporated by reference at Sec. 1728.97),
7 CFR 1728.201 Bulletin 1728H-701, and 7 CFR 1728.202 Bulletin 1728H-
702 as a new preservative to address the discontinuation of
Pentachlorophenol, another preservative.
3. AWPA A30-18, Standard Method for the Determination of 4,5
Dichloro-2-n-octyl-4-isothiazolin-3 one (DCOI) in Wood and Solutions by
High Performance Liquid Chromatography, is incorporated by reference in
Sec. 1728.97 to support the inclusion of DCOI as a RUS approved
preservative in Bulletin 1724F-700 (incorporated by reference at Sec.
1728.97) and 7 CFR 1728.202 Bulletin 1728H-702.
4. ANSI O5.1 language on ring count is added as an alternate
referee method to determine a non-uniform growth rate in Bulletin
1728F-700.
5. Table 8 in Bulletin 1728F-700 is updated to be consistent with
the upcoming AWPA Standards, 2021.
6. An Analytical Method column is added in Table 1 to Paragraph
(b)(10) for those preservatives in 7 CFR 1728.202 Bulletin 1728F-702.
7. In Bulletin 1728F-700, Section 8.d.(3).(a), to clarify the
dimension from (b) For Group B poles (Those poles with a circumference
of more than 37.5 inches at 6 feet from butt); will now read (b) For
Group B poles (Those poles with a circumference of 37.5 inches or
greater at 6 feet from butt).
8. In 7 CFR 1728.202 Bulletin 1728H-702, a supplemental correction
is made to include a paragraph on quality marks on crossarms. This is
not a new requirement. The quality marks have been applied as an
industry practice. The paragraphs in Section (g), have been renumbered
with the addition of a new clarifying paragraph below.
``Third-party inspectors shall verify their acceptance of untreated
crossarms that have been offered by the producer as conforming by
marking each accepted piece in one end with a clear, legible hammer
stamp. Following treatment, inspectors shall verify their acceptance of
treated crossarms that have been offered by the producer as conforming
by marking each accepted piece in the opposing end with a clear,
legible hammer stamp. The inspector shall personally mark each piece
for acceptance and shall not delegate this responsibility to any other
individual.''
9. Changes relevant to Bulletin 1728F-700 (incorporated by
reference at Sec. 1728.97), 7 CFR 1728.201 Bulletin 1728H-701, and 7
CFR 1728.202 Bulletin 1728H-702:
Specifications requiring that all third-party agencies involved in
the inspection of RUS products must, on an annual basis, provide RUS
Technical Standards Committee ``A'' with proof that the agency does
have: (1) The required insurance coverage, and (2) the required, fully
equipped laboratory capable of running each of the referee methods of
analysis.
While these two requirements themselves are not new, providing
proof of such to RUS on an annual basis is new. The reason for making
this change is that in recent years, there apparently have been several
instances where third-party agencies involved in RUS inspection did not
have the required insurance or the required lab facilities. Given that
RUS currently does not have the ability to provide an active overview
of these third-party agencies, this change simply provides RUS with a
method for checking the basic legitimacy of any company involved in the
inspection of RUS treated wood products. It also provides both RUS and
the cooperative borrower with some possible source of fiscal recovery
if problems with product service in line can be traced back to
performance issues involving the third-party agency being utilized.
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: https://www.rd.usda.gov/resources/regulations/bulletins.
ANSI O5.2-2020, Structural Glued Laminated Timber for Utility
Structures, covers requirements for manufacturing and quality control
of structural glued laminated timber of Southern Pine, Coastal Region
Douglas Fir, Hem Fir and other species of similar treatability for
electric power and communication structures.
ANSI standards are reasonably available to obtain by calling 212-
642-4980 or by online access at their web address: https://webstore.ansi.org/ for a fee. ANSI O5.2-2020 is also available for a
fee in ANSI O5.--Wood Poles Package.
AWPA A6-20, Method for the Determination of Oil-Type Preservatives
and Water in Wood. This method is suitable for the determination of
creosote, petroleum, and their solutions in treated wood when the
sample contains at least 5.0 grams of wood and one gram of oil.
Preservatives, such as copper naphthenate, or pentachlorophenol or
DCOI, may not be quantitatively extracted by this method. The method
can also be used for the determination of water in treated or untreated
wood, but when it is so used, the directions on handling the sample in
Standard M2 must be followed carefully.
AWPA A9-20, Standard Method for Analysis of Treated Wood and
Treating Solutions By X-Ray Spectroscopy. This method provides for the
non-destructive analysis of treated wood and treating solutions by X-
ray fluorescence spectroscopy and is applicable to the determination of
elements of atomic number 5 or higher that are present in significant
quantity in the wood (usually above 0.05%). The elements covered in
this method are specified for use in preservative and fire-retardant
treatment of wood.
AWPA A15-19, Referee Methods. Referee methods are given to assist
in the resolution of disputes over the acceptability of the active(s)
in treated wood products.
AWPA A30-18, Standard Method for the Determination of 4,5 Dichloro-
2-n-octyl-4-isothiazolin-3 one (DCOI) in Wood and Solutions by High
Performance Liquid Chromatography. This describes the method useful for
the
[[Page 57020]]
chemical analysis of DCOI in wood and solutions.
AWPA A69-18, Standard Method to Determine the Penetration of Copper
Containing Preservatives, is employed to determine the penetration
depth of copper containing preservatives into treated wood to decide
whether the treated product meets acceptance levels as prescribed in
treatment standards.
AWPA A70-18, Standard Method to Determine the Penetration of
Pentachlorophenol Using a Silver-Copper Complex Known as Penta-Check.
This standard is employed to determine the penetration depth of
pentachlorophenol containing preservatives where the wood has been
treated with pentachlorophenol dissolved in light-colored Hydrocarbon
Solvent Type A or Hydrocarbon Type C of AWPA Standard P9 into treated
wood to decide whether the treated product meets acceptance levels as
prescribed in treatment standards.
AWPA A71-18, Standard Methods for Determining Penetration of
Solvent Used with Oil-Soluble Preservatives. This standard is provided
exclusively for determining the penetration of oil-soluble organic
biocides in wood where the wood has been treated with the oil-soluble
organic biocide dissolved in light-colored Hydrocarbon Solvent Type A
of AWPA Standard P9.
AWPA M2-19, Standard for the Inspection of Preservative Treated
Products for Industrial Use. This Standard provides procedures for
inspection at wood preserving plants of industrial products including
but not limited to poles, crossarms, piling, ties, timbers, round posts
and composite wood products. This Standard also contains detailed
procedures and test methods for determining the conformance of treated
wood products with specified standards or other written product quality
specifications.
AWPA T1-20, Use Category System: Processing and Treatment Standard.
This Processing and Treatment Standard contains the minimum
requirements and process limitations for treating wood products under
the AWPA Standards. This includes conditioning of material for
treatment, treatment processes and limitations, end-results of
treatment, post treatment handling, and quality control applicable to
all commodities treated under the AWPA Use Category System.
AWPA U1-20, Use Category System: User Specification for Treated
Wood. The Use Category System (UCS) of the American Wood Protection
Association (AWPA) designates what preservative systems and retentions
have been determined to be effective in protecting wood products under
specified exposure conditions.
AWPA standards are reasonably available to obtain for a fee by
calling 1-855-999-9870 or by online access at the web address: https://www.techstreet.com/standards/awpa-book-2020?product_id=2110160%20h for
a fee. AWPA standards are also available for a fee in 2020-AWPA Book of
Standards at https://awpa.com/standards.
AWPA A83-18, which appears in the regulatory text, was previously
approved for Sec. 1728.202 June 18, 2019.
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
0
1. The authority citation for part 1728 continues to read as follows:
Authority: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.
0
2. Amend Sec. 1728.97 by:
0
a. In the introductory text, remove the text ``call (202) 741-6030''
and add in its place the text ``email [email protected]''; and
0
b. Revising paragraphs (a)(21), (c)(1), and (e).
The revisions read as follows:
Sec. 1728.97 Incorporation by reference of electric standards and
specifications.
* * * * *
(a) * * *
(21) Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs
and Anchor Logs, September 9, 2021, incorporation approved for
Sec. Sec. 1728.98 and 1728.202.
* * * * *
(c) * * *
(1) ANSI O5.2-2020, Structural Glued Laminated Timber for Utility
Structures, approved January 10, 2020, incorporation by reference
approved for Sec. Sec. 1728.201 and 1728.202.
* * * * *
(e) American Wood Protection Association (AWPA), P.O. Box 361784,
Birmingham, AL 35236-1784, telephone 205-733-4077, www.awpa.com.
(1) AWPA A6-20, Standard for the Determination of Retention of Oil-
Type Preservatives from Small Samples, Revised 2020, incorporation by
reference approved for Sec. 1728.202.
(2) AWPA A9-20, Standard Method for Analysis of Treated Wood and
Treating Solutions By X-Ray Spectroscopy, Revised 2020, incorporation
by reference approved for Sec. 1728.202.
(3) AWPA A15-19, Referee Methods, Revised 2019, incorporation by
reference approved for Sec. 1728.202.
(4) AWPA A30-18, Standard Method for the Determination of 4,5
Dichloro-2-n-octyl-4-isothiazolin-3 one (DCOI) in Wood and Solutions by
High Performance Liquid Chromatography (HPLC), Revised 2018,
incorporation by reference approved for Sec. 1728.202.
(5) AWPA A69-18, Standard Method to Determine the Penetration of
Copper Containing Preservatives, Reaffirmed 2018, incorporation by
reference approved for Sec. 1728.202.
(6) AWPA A70-18, Standard Method to Determine the Penetration of
Pentachlorophenol Using a Silver-Copper Complex Known as Penta-Check,
Reaffirmed in 2018, incorporation by reference approved for Sec.
1728.202.
(7) AWPA A71-18, Standard Method to Determine the Penetration of
Solvent Used with Oil-Soluble Preservatives, Reaffirmed 2018,
incorporation by reference approved for Sec. 1728.202.
(8) AWPA A83-18, Standard Method for Determination of Chloride for
Calculating Pentachlorophenol in Solution or Wood, Reaffirmed 2018,
incorporation by reference approved for Sec. 1728.202.
(9) AWPA M2-19, Standard for the Inspection of Preservative Treated
Products for Industrial Use, Revised 2019, incorporation by reference
approved for Sec. 1728.202.
(10) AWPA T1-20, Use Category System: Processing and Treatment
Standard, Revised 2020, incorporation by reference Sec. 1728.201.
(11) AWPA U1-20, Use Category System: User Specification for
Treated Wood, Revised 2020, incorporation by reference approved for
Sec. Sec. 1728.201 and 1728.202.
* * * * *
0
3. Amend Sec. 1728.98 by revising paragraph (a)(21) to read as
follows:
Sec. 1728.98 Electric standards and specifications.
(a) * * *
[[Page 57021]]
(21) Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs
and Anchor Logs, September 9, 2021.
* * * * *
0
4. Amend Sec. 1728.201 by:
0
a. Adding paragraph (b)(11);
0
b. Revising paragraphs (d)(3) introductory text, (d)(3)(i), (h)(1),
(i)(2)(ii), and (j)(4)(ii);
0
c. Adding paragraph (j)(4)(v); and
0
d. Revising paragraphs (k)(1), (k)(3) introductory text, and (k)(3)(iv)
and (v).
The additions and revisions read as follows:
Sec. 1728.201 Bulletin 1728H-701, Specification for Wood Crossarms
(Solid and Laminated), Transmission Timbers and Pole Keys.
* * * * *
(b) * * *
(11) Arm producers shall have and maintain liability insurance in
the amount of $1 million. Evidence of compliance to this requirement
shall be forwarded to the RUS annually. The evidence shall be in the
form of a certificate of insurance or a bond signed by a representative
of the insurance company or Surety Bonding company and include a
provision that no change in, or cancellation of, will be made without
the prior written notice to the Chairman, Technical Standards Committee
``A'' (Electric), 1400 Independence Ave. SW, Stop 1569, Washington, DC
20250-1569.
* * * * *
(d) * * *
(3) Knots. Well-spaced sound, firm, and tight knots are permitted.
(i) Slightly decayed knots are permitted, except on the top face,
provided the decay extends no more than \3/4\ of an inch into the knot
and provided the cavities will drain water when the arm is installed.
For knots to be considered well-spaced, the sum of the sizes of all
knots in any 6 inches of length of a piece shall not exceed twice the
size of the largest knot permitted. More than one knot of maximum
permissible size shall not be in the same 6 inches of length. Slightly
decayed, firm, or sound ``pin knots'' (\3/8\ of an inch or less) are
not considered in size, spacing, or zone considerations.
* * * * *
(h) * * *
(1) Creosote, water-borne preservatives, pentachlorophenol, DCOI,
and copper naphthenate shall conform to the requirements of AWPA U1
(incorporated by reference at Sec. 1728.97). Oxide formulations of
waterborne preservatives shall be supplied. If CCA is the selected
preservative, CCA-C shall be the type required.
* * * * *
(i) * * *
(2) * * *
------------------------------------------------------------------------
Max. time
(hours) Temperature
------------------------------------------------------------------------
* * * * * * *
(ii) Heating in Preservative.......... 3 210 [deg]F
------------------------------------------------------------------------
* * * * *
(j) * * *
(4) * * *
------------------------------------------------------------------------
Retention
Preservative (pcf)
------------------------------------------------------------------------
* * * * *
(ii) Pentachlorophenol.................................. \1\ 0.4/0.36
* * * * *
(v) DCOI................................................ 0.13
------------------------------------------------------------------------
\1\ If the copper pyridine method is used when timbers may have been in
contact with salt water, a penta retention of 0.36 pcf is required for
all species native to the Pacific Coast region.
* * * * *
(k) * * *
(1) Before treatment, arms shall be legibly branded (hot brand) or
die-stamped to a depth of approximately \1/16\ of an inch, with the top
of the brand oriented to the top of the arm. The brand shall be placed
on either of the wide surfaces of the arm, approximately one foot from
the midpoint of the piece.
* * * * *
(3) The brand or die-stamp shall include:
* * * * *
(iv) Preservative (C for creosote, DA for DCOI, PA for penta, SK
for CCA, SZ for ACZA, N for Copper Naphthenate); and
(v) Required retention. An example of required retention is: M-6-16
Manufacturer--Month--Year and DF-PA-.4 Douglas-fir-penta treated--.40
pcf retention.
* * * * *
0
5. Amend Sec. 1728.202 by:
0
a. Revising paragraphs (b)(10) and (d);
0
b. In paragraph (e)(5):
0
i. Removing the superscript ``1'' in the fifth table heading; and
0
ii. Redesignating footnote 1 to table 2 as note 2 to table 2 and
revising newly redesignated note 2;
0
c. Revising paragraph (e)(7); and
0
d. Redesignating paragraph (g)(2) as paragraph (g)(3) and adding a new
paragraph (g)(2).
The revisions and addition read as follows:
Sec. 1728.202 Bulletin 1728H-702, Specification for Quality Control
and Inspection of Timber Products.
* * * * *
(b) * * *
(10) 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. AWPA A83 or AWPA
A9 (incorporated by reference at Sec. 1728.97) shall be followed for
Pentachlorophenol testing, AWPA-A30 or AWPA A9 (incorporated by
reference at Sec. 1728.97) shall be followed for DCOI testing, AWPA A6
(incorporated by reference at Sec. 1728.97) shall be followed for
Creosote testing, and AWPA A9 (incorporated by reference at Sec.
1728.97) shall be followed for XRF, as illustrated in the following
table:
[[Page 57022]]
Table 1 to Paragraph (b)(10)
----------------------------------------------------------------------------------------------------------------
Preservative Analytical method Referee method
----------------------------------------------------------------------------------------------------------------
Pentachlorophenol.................. XRF, Lime Ignition, Copper Lime Ignition, Copper Pyridine.
Pyridine.
Creosote........................... Toluene Extraction......... Toluene Extraction.
Waterborne......................... XRF........................ XRF.
Copper Naphthenate................. XRF........................ ICP, GC.
DCOI............................... XRF, HPLC.................. HPLC.
----------------------------------------------------------------------------------------------------------------
Note 1 to table 1 to paragraph (b)(10): XFR means X-ray fluorescence; HPLC means High Performance Liquid
Chromatography; ICP means Inductively coupled plasma; and GC means Gas Chromatography.
* * * * *
(d) Preservatives. Creosote, waterborne preservatives,
pentachlorophenol, DCOI, and copper naphthenate shall conform to
current AWPA U1 (incorporated by reference in Sec. 1728.97).
(e) * * *
(5) * * *
Note 2 to table 2 to paragraph (e)(5): Retention and penetration
requirements for each different species and preservative are listed
in Table 8 of Appendix A, RUS Bulletin 1728F-700, Specification for
Wood Poles, Stubs and Anchor Logs (incorporated by reference at
Sec. 1728.97).
* * * * *
(7) Penetration compliance of both poles and crossarms shall be
determined in accordance with the standard AWPA A15 (incorporated by
reference at Sec. 1728.97). Chrome Azurol S shall be used to determine
the penetration of copper containing preservatives AWPA A69
(incorporated by reference at Sec. 1728.97), Penta-Check shall be used
to determine the penetration of penta AWPA A70 (incorporated by
reference at Sec. 1728.97), and Red-O dye for penetration of DCOI AWPA
A71 (incorporated by reference at Sec. 1728.97), respectively.
* * * * *
(g) * * *
(2) Third-party inspectors shall verify their acceptance of
untreated crossarms that have been offered by the producer as
conforming by marking each accepted piece in one end with a clear,
legible hammer stamp. Following treatment, inspectors shall verify
their acceptance of treated crossarms that have been offered by the
producer as conforming by marking each accepted piece in the opposing
end with a clear, legible hammer stamp. The inspector shall personally
mark each piece for acceptance and shall not delegate this
responsibility to any other individual.
* * * * *
PART 1755--TELECOMMUNICATIONS POLICIES ON SPECIFICATIONS,
ACCEPTABLE MATERIALS, AND STANDARD CONTRACT FORMS
0
6. The authority citation for part 1755 continues to read as follows:
Authority: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.
0
7. Amend Sec. 1755.97 by revising paragraph (b)(13) to read as
follows:
Sec. 1755.97 Telephone standards and specifications.
* * * * *
(b) * * *
(13) Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs
and Anchor Logs, September 9, 2021.
* * * * *
0
8. Amend Sec. 1755.98 by revising paragraph (a) to read as follows:
Sec. 1755.98 List of telecommunications specifications included in
other 7 CFR parts.
* * * * *
------------------------------------------------------------------------
Section Issue date Title
------------------------------------------------------------------------
(a) 1728.202................... 9.9.2021 RUS Specification for
Quality Control and
Inspection of Timber
Products.
* * * * * * *
------------------------------------------------------------------------
Christopher A. McLean,
Acting Administrator, Rural Utilities Service.
[FR Doc. 2021-22255 Filed 10-13-21; 8:45 am]
BILLING CODE 3410-15-P
