Telecommunications Program Regulations

DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1755

Telecommunications Program Regulations

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule.

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SUMMARY: The Rural Utilities Service (RUS) amends 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Equipment and Construction, by rescinding a number of outdated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.

EFFECTIVE DATE: December 6, 1995.

FOR FURTHER INFORMATION CONTACT: Richard J. Peterson, Deputy 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.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This final 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 final rule has been reviewed under Executive Order 12778,

Civil Justice Reform. If adopted, this final 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 final rule will

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

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

seq.). This final 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 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 final 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 final rule will not

significantly affect the quality of the human environment as defined by

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

Therefore, this action does not require an environmental impact

statement or assessment.

Catalog of Federal Domestic Assistance

The program described by this final 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 final 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

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 rescind the outdated

RUS bulletins listed below. These bulletins are incorporated by

reference at 7 CFR 1755.97.

List of RUS Bulletins for Rescission

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Title of standard or

RUS bulletin No. Specification No. Date last issued 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

[[Page 55992]]

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 Bulletin 345-75, RUS Specification for Electronic Trunk

Circuits, PE-65, is being rescinded 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.

Comments

On January 5, 1995, RUS published a proposed rule (60 FR 1758) to

rescind RUS Bulletin 345-13, RUS Specification for Aerial and

Underground Telephone Cable, PE-22; RUS Bulletin 345-29, RUS

Specification for Self-Supporting Cable, PE-38; RUS Bulletin 345-75,

RUS Specification for Electronic Trunk Circuits, PE-65; and RUS

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

Dialing, Form 538, because of obsolescence. Comments on this proposed

rule were due by February 6, 1995. Comments and recommendations were

received from four organizations by this due date. The comments,

recommendations, and responses are summarized as follows:

All four organizations commented that they agreed with RUS's

decision to rescind all four of the outdated bulletins.

Response: Since all four organizations agreed with RUS's decision

to rescind the outdated bulletins, RUS will rescind the outdated

bulletins.

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 amends Chapter XVII of

title 7 of the Code of Federal Regulations as follows:

PART 1755--TELECOMMUNICATIONS STANDARDS AND SPECIFICATIONS FOR

MATERIALS, 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.; Pub. L. 103-354,

108 Stat. 3178 (7 U.S.C. 6941 et seq.).

Sec. 1755.97 [Amended]

2. Section 1755.97 is amended by removing from the table the

entries for bulletins 345-13, 345-29, 345-75, and 345-168.

Dated: October 30, 1995.

Jill Long Thompson,

Under Secretary, Rural Economic and Community Development.

[FR Doc. 95-27394 Filed 11-3-95; 8:45 am]

BILLING CODE 3410-15-P