Standards and Specifications for Timber Products Acceptable for Use by Rural Utilities Service Electric and Telecommunications Borrowers

Published date14 October 2021
Record Number2021-22255
SectionRules and Regulations
CourtRural Utilities Service
Federal Register, Volume 86 Issue 196 (Thursday, October 14, 2021)
[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]
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                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 (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
                

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