[Federal Register: October 23, 2000 (Volume 65, Number 205)]
[Rules and Regulations]
[Page 63195-63196]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc00-1]
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[[Page 63195]]
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: Final rule.
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SUMMARY: The Rural Utilities Service (RUS) is amending its regulations
to revise its requirements regarding RUS approval of plans and
specifications for buildings. Specifically, the requirement for RUS
approval of architectural plans and specifications for buildings is
eliminated and instead the borrower's architect or engineer is 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: This rule will become effective on November 22, 2000.
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 rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget (OMB).
Executive Order 12372
This rule is excluded from the scope of Executive Order 12372,
Intergovernmental Consultation, which may require consultation with
state and local officials. See the final rule related notice entitled
``Department Programs and Activities Excluded from Executive Order
12372,'' (50 FR 47034) advising that RUS loans and loan guarantees were
not covered by Executive Order 12372.
Executive Order 12988
This 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 addition,
(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 section 212(e) of the Department
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e))
administrative appeals procedures, if any are required, must be
exhausted prior to initiating an action 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 by 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 costs associated with
complying with RUS regulations and requirements.
National Environmental Policy Act Certification
The Administrator of RUS has determined that this 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 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 recording 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 collections 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., SW., Room 4034 SBldg., Stop 1522, Washington,
DC 20250-1522.
Unfunded Mandates
This 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 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 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
[[Page 63196]]
made in order to provide better service to borrowers.
We are also correcting a date in the list of contract forms.
RUS received no comments to the proposed regulation published in
the Federal Register on April 24, 2000, at 65 FR 21671.
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 amends 7 CFR chapter
XVII by amending part 1724 as follows:
PART 1724--ELECTRIC 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. 1724.70 List of electric program standard contract forms.
* * * * *
(d) * * *
(7) RUS Form 284, Rev. 4-72, Final Statement of Cost for
Architectural Service. This form is used for the closeout of
architectural services contracts.
* * * * *
Dated: October 5, 2000.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 00-27155 Filed 10-20-00; 8:45 am]
BILLING CODE 3410-15-P
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