[Federal Register: May 26, 2000 (Volume 65, Number 103)]
[Proposed Rules]
[Page 34125-34127]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26my00-31]
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1792
RIN 0572-AB47
Seismic Safety
AGENCY: Rural Utilities Service, USDA.
ACTION: Proposed rule.
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SUMMARY: The Rural Utilities Service (RUS) proposes to amend its
regulations to update and simplify the requirements of the agency. This
revised rule would provide RUS borrowers, grant recipients, Rural
Telephone Bank (RTB) borrowers and the public with updated rules for
compliance with seismic safety requirements for new building
construction using RUS or RTB loan, grant or guaranteed funds or funds
provided through lien accommodations or subordinations approved by RUS
or RTB. The proposed revision would identify model codes and standards
found to provide a required level of seismic safety.
DATES: Written comments must be received by RUS on or before July 25,
2000.
ADDRESSES: Written comments should be addressed to George J. Bagnall,
Director, Electric Staff Division, U.S. Department of Agriculture,
Rural Utilities Service, Room 1246 South Building, Stop 1569, 14th &
Independence Ave., SW., Washington, DC 20250-1569. Telephone 202-720-
1900. RUS requests 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: Mr. Donald Heald, Structural Engineer,
Transmission Branch, Electric Staff Division, Rural Utilities Service,
U.S. Department of Agriculture, 1400 Independence Avenue, SW, STOP
1569, Washington, DC 20250-1569. Telephone: (202) 720-9102. Fax: (202)
720-7491.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866 and, 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 and local offices. 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 in accordance with Executive
Order 12988, Civil Justice Reform. RUS has determined that this
proposed 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 rule will be preempted; no
retroactive effect will be given to this 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 are
required, 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 will not
have significant economic impact on a substantial number of small
entities as defined in the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). The RUS and RTB loan programs provide borrowers with loans at
interest rates and terms that are more favorable than those generally
available from the private sector. Borrowers, as a result of obtaining
federal financing, receive economic benefits that exceed any direct
cost associated with RUS regulations and requirements.
Information Collection and Recordkeeping Requirements
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), RUS invites comments on this information collection for
which RUS intends to request approval from the Office of Management and
Budget (OMB).
Comments on this notice must be received by July 25, 2000.
Comments are invited on (a) whether the collection of information
is necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility; (b) the
accuracy of the agency's estimate of burden including the validity of
the methodology and assumption used; (c) ways to enhance the quality,
utility and clarity of the information to be collected; and (d) ways to
minimize the burden of the collection of information on those who are
to respond, including through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques on
other forms of information technology.
Comments may be sent to F. Lamont Heppe, Jr., Director, Program
Development and Regulatory Analysis, Rural Utilities Service, U.S.
Department of Agriculture, 1400 Independence Ave., SW., Stop 1522, Room
4034 South Building, Washington, D.C. 20250-1522.
For further information contact Mr. Donald Heald, Structural
Engineer, Transmission Branch, Electric Staff Division, Rural Utilities
Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW,
STOP 1569, Washington, DC 20250-1569. Telephone: (202) 720-9102. Fax:
(202) 720-7491.
Title: Seismic Safety of New Building Construction.
OMB Control Number: 0572-0099.
Type of Request: Revision of a currently approved collection.
Abstract: The Earthquake Hazards Reduction Act of 1977 (42 U.S.C.
7701
[[Page 34126]]
et seq.) was enacted to reduce risks to life and property through the
National Earthquake Hazards Reduction Program (NEHRP). The Federal
Emergency Management Agency (FEMA) is designated as the agency with the
primary responsibility to plan and coordinate the NEHRP. This program
includes the development and implementation of feasible design and
construction methods to make structures earthquake resistant. Executive
Order 12699 of January 5, 1990, Seismic Safety of Federal and Federally
Assisted or Regulated New Building Construction, requires that measures
to assure seismic safety be imposed on federally assisted new building
construction.
The revision of 7 CFR Part 1792, Subpart C, Seismic Safety of
Federally Assisted New Building Construction, will reduce the
requirements by the borrower or grant recipient needed to comply with
this part. This revision will also include RUS water and waste water
borrowers previously under the former Famers Home Administration (FmHA)
(Pub. L. 103-354, 108 Stat. 3178).
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 1.5 hours per response.
Respondents: Small business or organizations.
Estimated Number of Respondents: 1,000.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 800.
Copies of this information collection can be obtained from Dawn
Wolfgang, Program Development and Regulatory Analysis, at (202) 720-
0812.
All responses to this information collection and recordkeeping
notice will be summarized and included in the request for OMB approval.
All comments will also become a matter of public record.
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 programs covered by this proposed rule are listed in the
Catalog of Federal Domestic Assistance programs under numbers 10.850,
Rural Electrification Loans and Loan Guarantees; 10.851, Rural
Telephone Loans and Loan Guarantees; 10.852, Rural Telephone Bank
Loans; 10.760, Water and Waste Disposal System for Rural Communities;
10.764, Resource Conservation Development Loans, and 10.765, Watershed
Protection and Flood Prevention Loans.
This catalog is available on a subscription basis from the
Superintendent of Documents, U.S. Government Printing Office,
Washington, DC 20402-9325. Telephone: (202) 512-1800.
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
proposed rule is not subject to the requirements of sections 202 and
205 of the Unfunded Mandates Reform Act.
Background
RUS requires borrowers and grant recipients to meet applicable
requirements mandated by Federal statutes and regulations to obtain RUS
financing. One such requirement is compliance with building safety
provisions of the Earthquake Hazards Reduction Act of 1977, (42 U.S.C.
7701 et seq.) as implemented pursuant to Executive Order 12699, Seismic
Safety of Federal and Federally Assisted or Regulated New Building
Construction (3 CFR, 1990 Comp., pg. 269).
Subpart C of this part codifies the policies and requirements that
RUS and RTB borrowers and grant recipients must meet for new building
construction when using funds provided or guaranteed by RUS or RTB (or
when obtained through a lien accommodation or subordination approved by
RUS or RTB).
The Executive Order requires all Federal agencies to ensure that
any new building which is leased for federal users or purchased or
constructed with federal assistance is designed and constructed in
accordance with appropriate seismic design standards. Those standards
must be equivalent to or exceed the seismic safety levels in the
National Earthquake Hazards Reduction Program (NEHRP) recommended
provisions for the development of seismic regulations for new
buildings. The Executive Order charges the Interagency Committee on
Seismic Safety in Construction (ICSSC) with recommending appropriate
and cost-effective seismic design, construction standards and
practices.
The ICSSC has identified several model codes and standards that
provide an acceptable level of seismic safety. The existing regulation
in this subpart would be revised to identify new model codes or
standards which are equivalent to the 1994 NEHRP Recommended Provisions
for the Development of Seismic Regulations for New Buildings.
List of Subjects in 7 CFR Part 1792
Buildings and facilities, Electric power, Grant programs, Loan
programs, Reporting and recordkeeping requirements, Rural area, Seismic
safety, Telephone.
For reasons set for in the preamble, chapter XVII of title 7 of the
Code of Federal Regulations is proposed to be amended as follows:
PART 1792--COMPLIANCE WITH OTHER FEDERAL STATUTES, REGULATIONS, AND
EXECUTIVE ORDERS
1. The authority citation for part 1792 is revised to read as
follows:
Authority: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq., and
42 U.S.C. 7701 et seq.
Subpart C--Seismic Safety
2. Section 1792.101 is amended by revising paragraph (b) and
removing paragraphs (c), (d), & (e), to read as follows:
Sec. 1792.101 General.
* * * * *
(b) This subpart identifies acceptable seismic standards which must
be employed in new building construction funded by loans, grants, or
guarantees made by the Rural Utilities Service (RUS) or the Rural
Telephone Bank (RTB) (or through lien accommodations or subordinations
approved by RUS or RTB).
3. Section 1792.102 is amended by revising the definitions for
``RUS'' and ``Seismic,'' removing ``REA,'' and adding the definition of
``Model Code'' to read as follows:
Sec. 1792.102 Definitions.
* * * * *
Model Code--A building code developed for the adoption of local or
state authorities or to be used as the basis of a local or state
building code.
* * * * *
RUS--Rural Utilities Service, and for the purposes of this subpart,
shall include the Rural Telephone Bank. For the purposes of RTB
borrowers, as used in this subpart, RUS means RTB and Administrator
means Governor.
[[Page 34127]]
Seismic--Related to or caused by earthquakes.
* * * * *
4. Sections 1792.103 and 1792.104 are revised to read as follows:
Sec. 1792.103 Seismic design and construction standards for new
buildings.
(a) In the design and construction of federally assisted buildings,
the borrowers and grant recipients must utilize the seismic provisions
of the most recent edition of those standards and practices that are
substantially equivalent to or exceed the seismic safety level in the
most recent or immediately preceding edition of the NEHRP Recommended
Provisions for the Development of Seismic Regulation for New Buildings.
(b) Each of the following model codes or standards has been found
to provide a level of seismic safety substantially equivalent to that
provided by the use of the 1994 NEHRP Recommended Provisions and
appropriate for federally assisted new building construction:
(1) 1997 International Conference of Building Officials (ICBO)
Uniform Building Code. Copies are available from ICBO, Austin Regional
Office, 9300 Jollyville Road., Suite 101, Austin, Texas 78759-7455.
(2) 1995 American Society of Civil Engineers (ASCE) 7, Minimum
Design Loads for Buildings and Other Structures. Copies are available
from ASCE, 345 East 47th Street, New York, New York 10017-2398.
(c) The NEHRP Recommended Provisions for the Development of Seismic
Regulations for New Buildings is available from the Office of
Earthquakes and Natural Hazards, Federal Emergency Management Agency,
500 C Street, SW., Washington, DC 20472.
Sec. 1792.104 Seismic acknowledgments.
For each applicable building, borrowers and grant recipients must
provide RUS a written acknowledgment from a registered architect or
engineer responsible for the design stating that seismic provisions
pursuant to Sec. 1792.103(b) will be used in the design of the
building. This acknowledgement will include the identification and date
of the model code or standard that is used for the seismic design of
the building project and the seismic factor for the building location.
Dated: May 15, 2000.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 00-13295 Filed 5-25-00; 8:45 am]
BILLING CODE 3410-15-P
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