[Federal Register: April 24, 2000 (Volume 65, Number 79)]
[Proposed Rules]
[Page 21671-21673]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap00-14]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1724
RIN 0572-AB54
Electric Engineering, Architectural Services and Design Policies
and Procedures
AGENCY: Rural Utilities Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Rural Utilities Service (RUS) is proposing to amend its
regulations to revise its requirements regarding RUS approval of plans
and specifications for buildings. Specifically, RUS is proposing that
the requirement for RUS approval of architectural plans and
specifications for buildings be eliminated and that instead the
borrower's architect or engineer be required to state that the design
complies with certain specific standards. This change is being made in
order to provide better service to borrowers.
DATES: Written comments must be received by RUS, or bear a postmark or
equivalent, no later than June 23, 2000.
ADDRESSES: Written comments should be addressed to F. Lamont Heppe,
Jr., Director, Program Development and Regulatory Analysis, Rural
Utilities Service, U.S. Department of Agriculture, Stop 1522, 1400
Independence Avenue, SW., Washington, DC 20250-1522. Telephone: (202)
720-9550. RUS requires a signed original and three copies of all
comments (7 CFR 1700.4). Comments will be available for public
inspection during regular business hours (7 CFR 1.27(b)).
FOR FURTHER INFORMATION CONTACT: Fred J. Gatchell, Deputy Director,
Electric Staff Division, Rural Utilities Service, U.S. Department of
Agriculture, Stop 1569, 1400 Independence Ave., SW., Washington, DC
20250-1569. Telephone: (202) 720-1398. FAX: (202) 720-7491. E-mail:
fgatchel@rus.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and,
[[Page 21672]]
therefore, has not been reviewed by the Office of Management and Budget
(OMB).
Executive Order 12372
This proposed rule is excluded from the scope of Executive Order
12372, Intergovernmental Consultation, which may require consultation
with State, local, and tribal government or the private sector. See the
final rule related notice entitled ``Department Programs and Activities
Excluded from Executive Order 12372,'' (50 FR 47034).
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. RUS has determined that this rule meets the
applicable standards provided in Section 3 of the Executive Order. In
accordance with the Executive Order and the rule: (1) All State and
local laws and regulations that are in conflict with this rule will be
preempted; (2) no retroactive effect will be given to this rule, and
(3), in accordance with Sec. 212(e) of the Department of Agriculture
Reorganization Act of 1994 (7 U.S.C. Sec. 6912(e)), if any are more
required, they must be exhausted prior to initiating litigation against
the Department or its agencies.
Regulatory Flexibility Act Certification
The Administrator of RUS has determined that this rule relating to
RUS electric loan program is not a rule as defined in the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) and, therefore, the Regulatory
Flexibility Act does not apply to this rule. RUS borrowers, as a result
of obtaining federal financing, receive economic benefits that exceed
any direct economic costs associated with complying with RUS
regulations and requirements.
National Environmental Policy Act Certification
The Administrator of RUS has determined that this proposed rule
will not significantly affect the quality of the human environment as
defined by the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.). Therefore, this action does not require an environmental
impact statement or assessment.
Catalog of Federal Domestic Assistance
The program described by this proposed rule is listed in the
Catalog of Federal Domestic Assistance programs under No. 10.850, Rural
Electrification Loans and Loan Guarantees. This catalog is available on
a subscription basis from the Superintendent of Documents, the United
States Government Printing Office, Washington, DC 20402-9325, telephone
number (202) 512-1800.
Information Collection and Recordkeeping Requirements
The reporting and recordkeeping requirements contained in this rule
were approved by the Office of Management and Budget (OMB) pursuant to
the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) under OMB
control number 0572-0118.
Send questions or comments regarding this burden or any other
aspect of these collection of information, including suggestions for
reducing the burden to F. Lamont Heppe, Jr., Director, Program
Development and Regulatory Analysis, Rural Utilities Service, USDA,
1400 Independence Ave., Room 4034 SBldg., STOP 1522, Washington, DC
20250-1522.
Unfunded Mandates
This proposed rule contains no Federal mandates (under the
regulatory provision of title II of the Unfunded Mandates Reform Act)
for State, local, and tribal governments or the private sector. Thus,
this proposed rule is not subject to the requirements of sections 202
and 205 of the Unfunded Mandates Reform Act.
Background
RUS has promulgated regulations pertaining to the design and
construction of RUS electric borrower's systems. These regulations are
contained in 7 CFR chapter XVII, Part 1724, Electric Engineering,
Architectural Services and Design Policies and Procedures, which
describes policies and procedures pertaining to RUS electric borrower
procurement of architectural and engineering services for planning,
design, and construction management of buildings and electric utility
plant such as distribution and transmission lines, substations,
communications and control systems, and generating plants. RUS has
determined that continued review and approval of plans and
specifications for buildings by RUS is not necessary. This will
eliminate the burden on the borrowers of having to send the plans and
specifications to RUS before issuing them to bidders. However, RUS will
require that the borrower's architect or engineer state that the design
complies with certain specific standards. This change is being made in
order to provide better service to borrowers.
We are also correcting a date in the list of contract forms.
List of Subjects in 7 CFR Part 1724
Electric power, Loan programs--energy, Reporting and recordkeeping
requirements, Rural areas.
For the reasons set forth in the preamble, RUS proposes to amend 7
CFR chapter XVII by amending part 1724 as follows:
PART 1724--ELECTRICAL ENGINEERING, ARCHITECTURAL SERVICES AND
DESIGN POLICIES AND PROCEDURES
1. The authority citation for part 1724 continues to read as
follows:
Authority: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.
2. Section 1724.54(f)(2) is revised to read as follows:
Sec. 1724.54 Requirements for RUS approval of plans and
specifications.
* * * * *
(f) * * *
(2) Unless RUS approval is required by paragraph (a) of this
section, plans and specifications for headquarters buildings do not
require RUS approval. The borrower shall submit two copies of RUS Form
740g, Application for Headquarters Facilities. This form is available
from Program Development and Regulatory Analysis, Rural Utilities
Service, United States Department of Agriculture, Stop 1522, 1400
Independence Ave., SW., Washington, DC 20250-1522. The application must
show floor area and estimated cost breakdown between office building
space and space for equipment warehousing and service facilities, and
include a one line drawing (floor plan and elevation view), to scale,
of the proposed building with overall dimensions shown. The information
concerning the planned building may be included in the borrower's
construction work plan in lieu of submitting it with the application.
(See 7 CFR part 1710, subpart F.) Prior to issuing the plans and
specifications for bid, the borrower shall also submit to RUS a
statement, signed by the architect or engineer, that the building
design meets the Uniform Federal Accessibility Standards (See
Sec. 1724.51(e)(1)(i)).
* * * * *
3. Section 1724.74(d)(7) is revised to read as follows:
Sec. 1724.74 List of electric program standard contract forms.
* * * * *
(d) * * *
(7) RUS Form 284, Rev. 4-72, Final Statement of Cost for
Architectural
[[Page 21673]]
Service. This form is used for the closeout of architectural services
contracts.
* * * * *
Dated: April 12, 2000.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 00-10140 Filed 4-21-00; 8:45 am]
BILLING CODE 3410-15-P
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