Telephone Program Regulations

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

regulations on Telecommunications Standards and Specifications for

Materials, Equipment and Construction, by rescinding a number of

outdated bulletins. These bulletins are incorporated by reference in

RUS telecommunications regulations and thus are regulatory in nature.

Therefore, RUS is requesting public comments on this proposed

rescission.

DATES: Comments concerning this proposed rule must be received by RUS,

or postmarked no later than February 6, 1995.

ADDRESSES: Comments should be mailed to Director, Telecommunications

Standards Division, Rural Utilities Service, room 2835, South Building,

U.S. Department of Agriculture, Washington, DC 20250-1500. RUS requests

an original and three copies of all comments (7 CFR part 1700). All

comments received will be made available for public inspection at room

2835, South Building, U.S. Department of Agriculture, Washington, DC

20250-1500 between 8 a.m. and 4 p.m. (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: Richard J. Peterson, Assistant

Director, Telecommunications Standards Division, Rural Utilities

Service, room 2835, South Building, U.S. Department of Agriculture,

Washington, DC 20250-1500, telephone number (202) 720-8663. Copies of

individual bulletins are available from the Publications Branch, Rural

Utilities Service, room 0180, South Building, U.S. Department of

Agriculture, Washington, DC 20250-1500, telephone number (202) 720-

8674.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This proposed rule has been determined to be not significant and

therefore has not been reviewed by the Office of Management and Budget.

Executive Order 12778

This proposed rule has been reviewed under Executive Order 12778,

Civil Justice Reform. If adopted, this proposed rule will not: (1)

Preempt any State or local laws, regulations, or policies; (2) have any

retroactive effect; and (3) require administrative proceedings before

parties may file suit challenging the provisions of this rule.

Regulatory Flexibility Act Certification

The Administrator of RUS has determined that this proposed rule

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

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

601 et seq.). This proposed rule streamlines and updates RUS

requirements for telephone borrowers by rescinding obsolete standards

and specifications. Borrowers unable to use products meeting only the

specifications being eliminated may experience increased short-term

costs. However, RUS believes that borrowers will benefit from reduced

overall costs due to the greater durability and lower maintenance costs

over time. These bulletins no longer meet industry standards.

Information Collection and Recordkeeping Requirements

This proposed rule contains no information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1980

(Pub. L. 96-511).

National Environmental Policy Act Certification

The Administrator has determined that this proposed rule will not

significantly affect the quality of the human environment as defined by

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

Therefore, this action does not require an environmental impact

statement or assessment.

Catalog of Federal Domestic Assistance

The program described by this proposed rule is listed in the

Catalog of Federal Domestic Assistance Programs under number 10.851,

Rural Telephone Loans and Loan Guarantees, and 10.582, Rural Telephone

Bank Loans. This catalog is available on a subscription basis from the

Superintendent of Documents, the United States Government Printing

Office, Washington, DC 20402.

Executive Order 12372

This proposed rule is excluded from the scope of Executive Order

12372, Intergovernmental Consultation that requires intergovernmental

consultation with state and local officials. A Notice of Final Rule

entitled Department Programs and Activities Excluded from Executive

Order 12372 (50 FR 47034) exempts RUS and RTB loans and loan

guarantees, and RTB bank loans, to governmental and nongovernmental

entities from coverage under this Order.

Background

Pursuant to the Department of Agriculture Reorganization Act of

1994 (Pub. L. 103-354, 108 Stat. 3178), the United States Secretary of

Agriculture simultaneously abolished the Rural Electrification

Administration (REA) and established the Rural Utilities Service (RUS).

The terms ``RUS bulletin'' and ``RUS standards and specifications''

have the same meaning as the term ``REA bulletin'' and ``REA standards

and specifications'', unless otherwise indicated. RUS issues

publications titled ``bulletins'' which serve to guide borrowers

regarding already codified policy, procedures, and requirements needed

to manage loans, loan guarantee programs, and the security instruments

which provide for and secure RUS financing. RUS issues standards and

specifications for the construction of telephone facilities financed

with RUS loan funds. After review of RUS's bulletin and specification

issuances, RUS has decided to propose to rescind the outdated RUS

bulletins listed below. RUS felt rescission was the best option for

these bulletins and welcomes public comment. These bulletins are

incorporated by reference at 7 CFR 1755.97.

[[Page 1759]]

List of RUS Bulletins Proposed for Rescission

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

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345-13........................... PE-22............. Jan. 1983......... RUS Specification for Aerial and Underground Telephone Cable.

345-29........................... PE-38............. Feb. 1982......... RUS Specification for Self-Supporting Cable.

345-75........................... PE-65............. Jan. 1977......... RUS Specification for Electronic Trunk Circuits.

345-168.......................... Form 538.......... Oct. 1977......... RUS Specification for Equipment for Direct Distance Dialing.

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RUS Bulletins 345-13, RUS Specification for Aerial and Underground

Telephone Cable, PE-22 and 345-29, RUS Specification for Self-

Supporting Cable, PE-38 specify the technical requirements for air core

cables that are primarily used in aerial plant installations. With the

development of filled cables having 80 degree Centigrade filling

compounds, filled cables, which are primarily used for direct buried

and underground plant installations, can now be used for aerial plant

installations. Since filled cables provide greater service reliability

than air core cables, filled cables for aerial plant installations have

increased on RUS borrower construction projects. This increasing use of

filled cables for aerial installations has resulted in a decline of air

core cables for aerial plant construction projects. Since the use of

air core cables in aerial plant construction is declining on RUS

borrower projects, RUS is rescinding both bulletins because of

obsolescence. RUS borrowers may refer to 7 CFR 1755.390, RUS

Specification for Filled Telephone Cables, and/or 7 CFR 1755.890, RUS

Specification for Filled Telephone Cables With Expanded Insulation, for

further information on filled cables.

RUS Bulletin 345-75, RUS Specification for Electronic Trunk

Circuits, PE-65, is proposed for rescission because RUS trunk circuits

are now digitally derived making RUS Bulletin 345-75 obsolete.

RUS Bulletin 345-168, RUS Specification for Equipment for Direct

Distance Dialing, Form 538, specified the technical requirements for

equipment use in direct distance dialing. Since the equipment

requirements for direct distance dialing are now specified in RUS 7 CFR

1755.522, RUS General Specification for Digital, Stored Program

Controlled Central Office Equipment, RUS Bulletin 345-168 is no longer

required therefore making the document obsolete.

List of Subjects in 7 CFR Part 1755

Incorporation by reference, Loan programs--communications, Rural

areas, Telephone.

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

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

PART 1755--TELECOMMUNICATIONS STANDARDS AND SPECIFICATIONS FOR

MATERIAL, EQUIPMENT AND CONSTRUCTION

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

follows:

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

Sec. 1755.97 [Amended]

2. Section 1755.97 is amended by removing the entries listed below

from the table:

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

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

* * * * * * *

345-13........................... PE-22............. Jan. 1983......... RUS Specification for Aerial and Underground Telephone Cable.

* * * * * * *

345-29........................... PE-38............. Feb. 1982......... RUS Specification for Self-Supporting Cable.

* * * * * * *

345-75........................... PE-65............. Jan. 1977......... RUS Specification for Electronic Trunk Circuits.

* * * * * * *

345-168.......................... Form 538.......... Jan. 1977......... RUS Specification for Equipment for Direct Distance Dialing.

* * * * * * *

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Dated: 12-6-94.

Bob J. Nash,

Under Secretary, Rural Economic and Community Development.

[FR Doc. 95-246 Filed 1-4-95; 8:45 am]

BILLING CODE 3410-15-P