Unknown. Final rule; technical correction
4,582 words·~21 min read·
/register/2022/05/06/2022-09606·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2022-05-06.xml --- 87 88 Friday, May 6, 2022 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Requests for Nominations: National Advisory Council for Healthcare Research and Quality, 27148-27149 2022-09728 Agency Agency for International Development NOTICES Meetings: Board for International Food and Agricultural Development, 27082 2022-09707 Agriculture Agriculture Department See Farm Service Agency See Food and Nutrition Service See Rural Utilities Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 27082-27083 2022-09733 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27135-27136 2022-09712 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27149-27157 2022-09787 2022-09782 2022-09783 2022-09784 2022-09785 2022-09786 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Meetings:
Medicare Program; New Revisions to the Healthcare Common Procedure Coding System Coding, 27158-27159 2022-09780 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 27090 2022-09897 Children Children and Families Administration NOTICES Request for Comments: Release of Unaccompanied Children from Office of Refugee Resettlement Custody; Supplementary Comment Period, 27159-27160 2022-09842 Coast Guard Coast Guard RULES Safety Zones: Four Seasons Hotel Fireworks Display Event, New Orleans, LA, 26998-26999 2022-09788 Sabine River, Orange, TX, 26996-26998 2022-09753 Special Local Regulations:
Crystal Pier Outrigger Race, San Diego, CA, 26996 2022-09722 PROPOSED RULES Special Local Regulations: Ohio River, Louisville, KY, 27041-27043 2022-09698 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 27135 2022-09795 Community Living Administration Community Living Administration NOTICES Request for Information:
Older Americans Act Regulations, 27160-27161 2022-09713 Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Interagency Appraisal Complaint Form, 27201-27202 2022-09723 Corporation Corporation for National and Community Service NOTICES Meetings; Sunshine Act, 27136 2022-09904 Defense Department Defense Department NOTICES Charter Amendments, Establishments, Renewals and Terminations: Defense Science Board, 27136-27137 2022-09778 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances;
Application, Registration, etc.: Patheon Pharmaceuticals, Inc., 27185 2022-09779 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Campus Equity in Athletics Disclosure Act Survey, 27137 2022-09699 Employment and Training Employment and Training Administration RULES Senior Community Service Employment Program: Conforming Changes to the Supporting Older Americans Act, Updated Guidance on Priority of Service, Durational Limits, and State Plan Submissions, 26988-26989 2022-09491 PROPOSED RULES Senior Community Service Employment Program:
Conforming Changes to the Supporting Older Americans Act, Updated Guidance on Priority of Service, Durational Limits, and State Plan Submissions; Withdrawal, 27041 2022-09492 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Award Closure Statement Documents: Detailed Statement of Cost, Government Property Certification, and Property Inventory Listing, 27187-27188 2022-09665 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Program:
Test Procedure for Compressors, 27025-27029 2022-09810 NOTICES Meetings: Appliance Standards and Rulemaking Federal Advisory Committee, 27137-27138 2022-09781 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27138-27140 2022-09752 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: New Hampshire; Testing and Monitoring Procedures, Prevention of Significant Deterioration Program Requirements, and Volatile Organic Compounds Reasonably Available Control Technology, 26999-27001 2022-09514 National Emission Standards for Hazardous Air Pollutants:
Mercury Cell Chlor-Alkali Plants Residual Risk and Technology Review, 27002-27024 2022-09658 PROPOSED RULES Air Plan Approvals: Colorado; Addressing Remanded Portions of the Previously Approved Infrastructure Requirements for the 2015 Ozone National Ambient Air Quality Standards, 27050-27059 2022-09449 Air Quality State Implementation Plans; Approvals and Promulgations: Missouri; Removal of Control of Emissions from Bakery Ovens, 27048-27050 2022-09468 Proposal to Add Chitosan to the List of Active Ingredients Permitted in Exempted Minimum Risk Pesticide Products:
Pesticides; Data Availability on Chitosan and Chitosan Salts, 27059-27060 2022-09731 Reporting and Recordkeeping Requirements under the Toxic Substances Control Act: Asbestos, 27060-27081 2022-09533 NOTICES Environmental Impact Statements; Availability, etc., 27145 2022-09746 Meetings: Webinar Workshop to Obtain Input on Initial Draft Materials for the Lead Integrated Science Assessment, 27147 2022-09732 Receipts of Requests to Voluntarily Cancel Certain Pesticide Registrations, 27145-27147 2022-09697 Farm Service Farm Service Agency NOTICES Funds Availability:
Cotton and Wool Apparel Program, 27083-27087 2022-09730 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Atlanta, GA, 26975-26977 2022-09241 Eastern United States, 26978-26980 2022-09439 Emmetsburg, IA, 26984-26985 2022-09427 Guernsey, WY, 26987-26988 2022-09692 Gulf Shores, AL, 26980-26981 2022-09520 Joplin, MO, 26977-26978 2022-09672 La Porte, IN, 26974-26975 2022-09642 Southeastern United States, 26981-26983 2022-09440 Vicinity of Borger, TX, 26985-26987 2022-09509 Worthington, MN, 26983-26984 2022-09673 Airworthiness Directives:
Engine Alliance Turbofan Engines, 26967-26969 2022-09631 Scheibe-Aircraft-GmbH Gliders, 26969-26972 2022-09890 The Boeing Company Airplanes, 26964-26966, 26972-26974 2022-09662 2022-09663 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 27029-27035 2022-08909 2022-09419 BAE Systems (Operations) Limited Airplanes, 27037-27041 2022-09418 Saab AB, Support and Services (Formerly Known as Saab AB, Saab Aeronautics) Airplanes, 27035-27037 2022-09420 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Bipartisan Infrastructure Law Airport Terminal and Tower Project Information, 27200 2022-09803 Environmental Assessments; Availability, etc.: Finding of No Significant Impact and Record of Decision for a New Instrument Approach Procedure, Referred to as the Area Navigation Global Positioning System Runway 4 Left Procedure, to Runway 4L at Boston Logan International Airport, 27199-27200 2022-09718 Federal Deposit Federal Deposit Insurance Corporation NOTICES Termination of Receivership, 27147-27148 2022-09700 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 27140-27143 2022-09768 2022-09770 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:
Madison Fields Solar Project, LLC, 27142 2022-09772 Marion County Solar Project, LLC, 27145 2022-09771 Request under Blanket Authorization: Texas Eastern Transmission, LP, 27143-27144 2022-09773 Federal Highway Federal Highway Administration RULES National Bridge Inspection Standards, 27396-27437 2022-09512 Food and Drug Food and Drug Administration RULES Medical Devices: Cardiovascular Devices; Classification of the Reverse Central Venous Recanalization System, 26989-26991 2022-09745 Gastroenterology-Urology Devices;
Classification of the Magnetically Maneuvered Capsule Endoscopy System, 26991-26993 2022-09735 General and Plastic Surgery Devices; Classification of the Mountable Electromechanical Surgical System for Transluminal Approaches, 26993-26996 2022-09749 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Investigational Device Exemptions, 27168-27170 2022-09751 Guidance: Feasibility and Early Feasibility Clinical Studies for Certain Medical Devices Intended to Therapeutically Improve Glycemic Control in Patients with Type 2 Diabetes Mellitus, 27170-27172 2022-09738 Fostering Medical Device Improvement:
Food and Drug Administration Activities and Engagement with the Voluntary Improvement Program, 27165-27168 2022-09734 Product-Specific Guidance for Testosterone, 27162-27163 2022-09737 Meetings: Pharmacy Compounding Advisory Committee, 27163-27165 2022-09797 Permits: Grated Parmesan Cheese Deviating from Identity Standard; Amendment of Temporary Marketing Permit, 27161-27162 2022-09750 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Generic Clearance for the Development of Nutrition Education Messages and Products for the General Public, 27089-27090 2022-09724 Special Milk Program for Children, 27087-27089 2022-09809 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Services Administration Regulation; Construction Payrolls and Basic Records, 27148 2022-09790 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Community Living Administration See Food and Drug Administration See National Institutes of Health RULES Patient Protection and Affordable Care Act:
Benefit and Payment Parameters for 2023, 27208-27393 2022-09438 NOTICES Meetings: Virtual Stakeholder Listening Session, 27172 2022-09710 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: COVID-19 Supplemental Payment Requests, 27175 2022-09794 Equity in Housing Counseling Survey, 27177-27178 2022-09777 Housing Discrimination Claim Forms, 27178-27180 2022-09793 Implementation of the Housing for Older Persons Act, 27176-27177 2022-09791 Small Cities Program Performance Assessment Report, 27180 2022-09775 Interior Interior Department See Land Management Bureau Internal Revenue Internal Revenue Service NOTICES Credit for Renewable Electricity Production and Publication of Inflation Adjustment Factor and Reference Price for Calendar Year 2022;
Correction, 27204-27205 2022-09695 Meetings: Taxpayer Advocacy Panel, 27205 2022-09822 Taxpayer Advocacy Panel Joint Committee, 27203, 27205 2022-09827 2022-09828 Taxpayer Advocacy Panel Taxpayer Communications Project Committee, 27204 2022-09821 Taxpayer Advocacy Panel's Special Projects Committee, 27203 2022-09823 Taxpayer Advocacy Panel's Tax Forms and Publications Project Committee, 27204 2022-09824 Taxpayer Advocacy Panel's Taxpayer Assistance Center Improvements Project Committee, 27203 2022-09825 Taxpayer Advocacy Panel's Toll-Free Phone Lines Project Committee, 27203-27204 2022-09826 International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Procedures for Importation of Supplies for Use in Emergency Relief Work, 27097-27098 2022-09729 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 1,1,1,2-Tetrafluoroethane (R-134a) from the People's Republic of China, 27098-27099 2022-09802 Carbon and Alloy Steel Threaded Rod from India, 27107-27110 2022-09801 Carbon and Alloy Steel Threaded Rod from the People's Republic of China, 27104-27106 2022-09800 Certain Activated Carbon from the People's Republic of China, 27094-27096 2022-09799 Large Residential Washers from the People's Republic of China, 27101-27102 2022-09812 Wooden Bedroom Furniture from the People's Republic of China, 27102-27104 2022-09811 2022-09817 Wooden Cabinet and Vanities and Components Thereof from the People's Republic of China, 27090-27093 2022-09813 Wooden Cabinets and Vanities and Components Thereof from the People's Republic of China, 27099-27101 2022-09816 Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty, 27096-27097 2022-09798 International Trade Com International Trade Commission NOTICES Complaint:
Certain Barcode Scanners, Scan Engines, Mobile Computers with Barcode Scanning Functionalities, Products Containing the Same, and Components Thereof, 27184-27185 2022-09755 Certain Pneumatic Compression Devices and Components Thereof, 27183-27184 2022-09743 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Routers, Access Points, Controllers, Network Management Devices, Other Networking Products, and Hardware and Software Components Thereof, 27182-27183 2022-09818 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 27186-27187 2022-09806 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Reporting Requirement for Manufacturers of Listed Chemicals, 27186 2022-09804 Manufacturers of Ammunition, Records and Supporting Data of Ammunition Manufactured and Disposed of, 27185-27186 2022-09807 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements;
Availability, etc.: Proposed Resource Management Plan Amendment, Wild Horse Management, Rock Springs and Rawlins Field Offices, WY, 27181 2022-09556 National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2022 Arts Supplement to the General Social Survey, 27189-27190 2022-09789 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts National Highway National Highway Traffic Safety Administration NOTICES New Car Assessment Program:
Extension of Comment Period, 27200-27201 2022-09831 National Institute National Institutes of Health NOTICES Meetings: National Center for Advancing Translational Sciences, 27173 2022-09693 National Heart, Lung, and Blood Institute, 27172-27174 2022-09711 2022-09714 2022-09715 2022-09716 National Human Genome Research Institute, 27174-27175 2022-09696 National Institute of Diabetes and Digestive and Kidney Diseases, 27174 2022-09717 Statement of Delegation of Authority, 27173-27174 2022-09776 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Fisheries Certificate of Origin, 27132-27133 2022-09829 Florida Fishing and Boating Survey, 27134-27135 2022-09819 Southeast Region Vessel Monitoring System and Related Requirements, 27131-27132 2022-09820 Specified Fishing Agreements for U.S. Territorial Catch, Effort, and Allocation Limits, 27110-27111 2022-09830 Permits; Applications, Issuances, etc.: Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries, 27133-27134 2022-09805 Taking or Importing of Marine Mammals:
Geophysical Surveys of the Guerrero Gap in the Eastern Tropical Pacific, 27111-27131 2022-09792 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning; Correction, 27025 2022-09832 NOTICES Exemption: Tennessee Valley Authority; Watts Bar Nuclear Plant, Unit 2, 27190-27195 2022-09709 Guidance: Safety Review of Light-Water Power-Reactor Construction Permit Applications, 27195-27196 2022-09702 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Standard on Personal Protective Equipment for Shipyard Employment, 27188-27189 2022-09701 Patent Patent and Trademark Office PROPOSED RULES Establishing Permanent Electronic Filing for Patent Term Extension Applications, 27043-27048 2022-09535 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 27196 2022-09796 Rural Utilities Rural Utilities Service RULES Standards and Specifications for Timber Products Acceptable for Use by Rural Utilities Service Electric and Telecommunications Borrowers;
Correction, 26961-26963 2022-09606 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27197 2022-09719 Small Business Small Business Administration NOTICES Disaster Declaration: California, 27197 2022-09736 Florida, 27197-27198 2022-09739 Surface Transportation Surface Transportation Board NOTICES Acquisition and Operation Exemption: Hamilton Northwestern Railroad Co., Allegan County, MI, 27198 2022-09767 Continuance in Control Exemption:
Hamilton Hartford Group, LLC, Hamilton Northwestern Railroad Co., 27198-27199 2022-09774 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Comptroller of the Currency See Internal Revenue Service Separate Parts In This Issue Part II Health and Human Services Department, 27208-27393 2022-09438 Part III Transportation Department, Federal Highway Administration, 27396-27437 2022-09512 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 87 88 Friday, May 6, 2022 Rules and Regulations 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;
Correction AGENCY: Rural Utilities Service, USDA. ACTION: Final rule; technical correction. SUMMARY: The Rural Utilities Service, a Rural Development agency in the United States Department of Agriculture, published a final rule on October 14, 2021, effective date of publication, amending its regulations on Electric and Telecommunications Standards and Specifications for Materials, Equipment and Construction to keep RUS standards current with the technology advances and consistent with the industry practice.
This document corrects inadvertent errors that were published in that final rule, replaces an incorporated standard inadvertently removed from the centralized index section, and updates the incorporation by reference of RUS Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs and Anchor Logs. DATES: Effective May 6, 2022. *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 May 6, 2022.
The incorporation by reference of certain other publications listed in this rule was approved by the Director of the Federal Register as of June 18, 2019 and October 14, 2021. ADDRESSES: The material incorporated by reference is available at: *https://www.rd.usda.gov/resources/regulations/bulletins.* 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: Executive Order 12866 This final rule is exempt from the Office of Management and Budget
(OMB)review for purposes of Executive Order 12866 and, therefore, has not been reviewed by OMB. Executive Order 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 The program described by this final rule is listed in the Assistance Listings (formerly the Catalog of Federal Domestic Assistance Programs) as No. 10.850, Rural Electrification Loans and Loan Guarantees. These Federal assistance program listings are available at the following *Sam.gov* website: *https://sam.gov/content/assistance-listing/federal.* 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: 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; Bulletin 1728H-701, “Specification for Wood Crossarms (Solid and Laminate), Transmission Timbers, and Pole Keys”, codified at 7 CFR 1728.201; and Bulletin 1728H-702, “Specification for Quality Control and Inspection of Timber Products”, codified at 7 CFR 1728.202. II. Purpose of the Regulatory Action This Final rule; technical correction corrects inadvertent errors in the Final rule; response to comments published in the **Federal Register** (86 FR 57015) on October 14, 2021 (October final rule). III. Summary of Corrections The updates and corrections to the October final rule are as follows: A. Bulletin 1728F-700 “RUS Specification for Wood Poles, Stubs and Anchor Logs” (Incorporated by Reference at § 1728.97) (The update and corrections detailed below describe changes to the text of the Bulletin, which does not appear in this Final rule; technical corrections, since the Bulletin is incorporated by reference.) • Update the current date of issuance date. • In paragraph 5(b), remove the incorrect entry of 2 years and replacing it with 1 year that no material treated with creosote, pentachlorophenol, DCOI or copper naphthenate shall be shipped for use on a RUS borrower's system later than 1 year following the original treatment date branded on the material; and • Correct the requirements for Copper Naphthenate retentions in Table 8 in Appendix A. B. Bulletin 1728H-702, “Specification for Quality Control and Inspection of Timber Products” (Codified at 7 CFR 1728.202) • Add the annual requirement of submitting the lab certificate from the amendatory language, that was discussed in the Summary of Changes but inadvertently omitted from the amendatory language for § 1728.202 in the October final rule. C. Corresponding and Miscellaneous CFR Amendments • Update the date of issuance for Bulletin 1728F-700, “RUS Specification for Wood Poles, Stubs and Anchor Logs”, in § 1728.97 and 1755.97. • Update the date of issuance for Bulletin 1728H-702, “Specification for Quality Control and Inspection of Timber Products”, in § 1755.98. • Add AWPA M3-16, “Standard for the Quality Control of Preservative Treated Products for Industrial” back into § 1728.97, from which it was inadvertently deleted. 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: *http://www.rd.usda.gov/resources/regulations/bulletins.* The following standards were previously approved for incorporation by reference and their use continues unchanged: AWPA A6, AWPA A9, and AWPA A83. 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.,* and 6941 *et seq.* 2. Amend § 1728.97 by: a. Revising paragraph (a)(21); and b. Redesignating paragraphs (e)(10) and
(11)as paragraphs (e)(11) and
(12)and adding new paragraph (e)(10). The revision and addition 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 (April 18, 2022), incorporation approved for §§ 1728.98 and 1728.202.
(e)* * *
(10)AWPA M3-16, Standard for the Quality Control of Preservative Treated Products for Industrial Use, Revised 2016, incorporation by reference approved for §§ 1728.201 and 1728.202. 3. Amend § 1728.202 by: a. Removing paragraph (b)(10) introductory text; b. Adding paragraph (b)(10)(i); c. Revising the heading for table 1 to paragraph (b)(10) and revising the heading for note 1 to paragraph (b)(10); and d. Adding paragraphs (b)(10)(ii) and (iii). The additions and revisions read as follows: § 1728.202 Bulletin 1728H-702, Specification for Quality Control and Inspection of Timber Products
(b)* * * (10)(i) 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. Table 1 to Paragraph (b)(10)(i) Note 1 to table 1 to paragraph (b)(10)(i): * * *
(ii)Inspection agencies shall, on an annual basis, provide RUS Technical Standards Committee “A” with proof that the agency does have the required, fully equipped laboratory capable of running each of the referee methods of analysis as illustrated in table 1 to paragraph (b)(10)(i) of this section. AWPA A83 or AWPA A9 (both incorporated by reference at § 1728.97) shall be followed for Pentachlorophenol testing.
(iii)AWPA A30 (incorporated by reference at § 1728.97) or AWPA A9 shall be followed for DCOI testing. AWPA A6 (incorporated by reference at § 1728.97) shall be followed for Creosote testing and AWPA A9 shall be followed for XRF, as illustrated in table 1 to paragraph (b)(10)(i) of this section. PART 1755—TELECOMMUNICATIONS STANDARDS AND SPECIFICATIONS FOR MATERIALS, EQUIPMENT AND CONSTRUCTION 4. The authority citation continues to read as follows: Authority: 7 U.S.C. 901 *et seq.,* 1921 *et seq.,* and 6941 *et seq.* 5. Amend § 1755.97 by revising paragraphs (a)(1) and (b)(13) to read as follows: § 1755.97 Telephone standards and specifications. (a)(1) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This material is available for inspection at the Rural Utilities Service
(RUS)and at the National Archives and Records Administration (NARA). Contact the RUS at: 1400 Independence Ave. SW, Washington, DC, 202-692-0042; email: *comments@usda.gov;* Telephone number: 202-692-0042; *https://www.rd.usda.gov/resources/regulations/bulletins.* For information on the availability of this material at NARA, email: *fr.inspection@nara.gov,* or go to: *www.archives.gov/federal-register/cfr/ibr-locations.html.* The material may be obtained from the following source(s):
(b)* * *
(13)Bulletin 1728F-700, RUS Specification for Wood Poles, Stubs and Anchor Logs, April 18, 2022. 6. Amend § 1755.98 by revising paragraph
(a)to read as follows: § 1755.98 List of telecommunications specifications included in other 7 CFR parts. Section Issue date Title
(a)1728.202 4.18.2022 RUS Specification for Quality Control and Inspection of Timber Products. * * * * * * * Christopher A. McLean, Acting Administrator, Rural Utilities Service. [FR Doc. 2022-09606 Filed 5-5-22; 8:45 am]
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- Pub. L. 91-190
- 7 CFR 1970
- 7 CFR 1970.53(f)
- 40 CFR 1506.1
- 7 CFR 1728.201
- 7 CFR 1728.202
- 7 CFR 1728
- 7 CFR 1755
- 1 CFR 51
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Final rule; technical correction
Pub. L.Pub. L. 91-190
Cite7 CFR 1970
Cite7 CFR 1970.53(f)
Cite40 CFR 1506.1
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