Federal Register - October 14, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 196 / Thursday, October 14, 2021 / Rules and Regulations
Order 12866 and, therefore, has not been reviewed by OMB.
Executive Order 12372
This final rule is excluded from the scope of Executive Order 12372, Intergovernmental Consultation, which may require consultation with State and local officials. A notice of final rule entitled Department Programs and Activities Excluded from Executive Order 12372, 50 FR 47034 exempted the Rural Utilities Service loans and loan guarantees from coverage under this order.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. The Rural Utilities Service has determined that this rule meets the applicable standards provided in section 3 of the Executive order. In addition, all state and local laws and regulations that are in conflict with this final rule will be preempted. No retroactive effect will be given to this final rule and in accordance with section 212e of the Department of Agriculture Reorganization Act of 1994
7 U.S.C. 6912e 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.
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Information Collection and Recordkeeping Requirements This final rule contains no new reporting or recordkeeping burdens under OMB control number 05720076
that would require approval under the Paperwork Reduction Act of 1995 44
U.S.C. Chapter 35, as amended.
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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 91190, 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 1970.53f;
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
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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 USDAs TARGET
center at 202 7202600 voice and TTY or contact USDA through the Federal Relay Service at 800 8778339.
Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD
3027, found online at https
www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call 866 6329992.
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 202509410, 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 1728F700, RUS Specification for Wood Poles, Stubs and Anchor Logs incorporated by reference at 1728.97; 7 CFR 1728.201 Bulletin 1728H701, Specification for Wood Crossarms Solid and Laminate, Transmission Timbers, and Pole Keys;
and 7 CFR 1728.202 Bulletin 1728H
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