[Federal Register: April 30, 2004 (Volume 69, Number 84)]
[Rules and Regulations]
[Page 23641-23643]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap04-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1792
RIN 0572-AB74
Seismic Safety
AGENCY: Rural Utilities Service, USDA.
ACTION: Direct final rule.
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SUMMARY: The Rural Utilities Service (RUS), an agency delivering the
United States Department of Agriculture's Rural Development Utilities
Programs, is amending its regulations to update the seismic safety
requirements of the agency. These amendments will 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.
DATES: This rule will become effective June 14, 2004, unless we receive
written adverse comments or a written notice of intent to submit
adverse comments on or before June 1, 2004. If we receive such comments
or notice, we will publish a timely document in the Federal Register
withdrawing the rule. Comments received will be considered under the
proposed rule published in this edition of the Federal Register in the
proposed rule section. A second public comment period will not be held.
Written comments must be received by RUS or carry a postmark or
equivalent no later than June 1, 2004.
ADDRESSES: Submit adverse comments or notice of intent to submit
adverse comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov.
Follow the online instructions for submitting
comments.
Agency Web site: http://www.usda.gov/rus/index2/Comments.htm.
Follow the instructions for submitting comments.
E-mail: RUSComments@usda.gov. Include in the
subject line of the message ``Seismic Safety''.
Mail: Addressed to Richard Annan, Acting
Director, Program Development and Regulatory Analysis, Rural Utilities
Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW.,
STOP 1522, Washington, DC 20250-1522.
Hand Delivery/Courier: Addressed to Richard
Annan, Acting Director, Program Development and Regulatory Analysis,
Rural Utilities Service, U.S. Department of Agriculture, 1400
Independence Avenue, SW., Room 5168 South Building, Washington, DC
20250-1522.
Instructions: All submissions received must include that agency
name and the subject heading ``Seismic Safety''. All comments received
must identify the name of the individual (and the name of the entity,
if applicable) who is submitting the comment. All comments received
will be posted without change to http://www.usda.gov/rus/index2/Comments.htm
, including any personal information provided.
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 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 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 RUS loans and loan guarantees to from coverage under
this order.
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,
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, must be exhausted before an
action against the Department or its agencies may be initiated.
Executive Order 13132
This regulation 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 rule
does not have sufficient federalism implications to require preparation
of a Federalism Assessment.
Regulatory Flexibility Act Certification
In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) the Administrator of RUS certifies that this rule, if adopted,
will not have significant economic impact on a substantial number of
small entities. The rule serves to clarify the existing regulation and
to generally streamline the review process for such actions. Most of
the changes in this rule should result in modest cost savings and ease
the regulatory compliance burden for affected applicants.
Information Collection and Recordkeeping Requirements
The reporting and record keeping requirements contained in the rule
has been approved by the Office of Management and Budget (OMB) under
OMB Control Number 0572-0099, pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. chapter 35).
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
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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; 10.857, Rural Broadband Access Loans and Loan Guarantees,
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 of 1995) 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 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, as amended
(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 uses 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.
According to a recent study commissioned by the ICSSC, the model
codes and standards that are equivalent to the 1997 NEHRP Recommended
Provisions are the 2000 International Building Code and the ASCE 7-98
Minimum Design Loads for Buildings and Other Structures. These codes
will be added to the list of codes equivalent to the 1994 or 1997 NEHRP
Recommended Provisions. In addition, clarification is added to the
acknowledgment.
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.
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For reasons set for in the preamble, chapter XVII of title 7 of the
Code of Federal Regulations is amended as follows:
PART 1792--COMPLIANCE WITH OTHER FEDERAL STATUTES, REGULATIONS, AND
EXECUTIVE ORDERS
0
1. The authority citation for this part is revised to read as follows:
Authority: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.; 42
U.S.C. 7701 et seq.; E.O. 12699 (3 CFR,1990 Comp., p. 269).
Subpart C--Seismic Safety
Sec. 1792.102 [Amended]
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2. Section 1792.102 is amended by removing the definition ``seismic
factor''.
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3. 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
1994, 1997, or 2000 editions of the NEHRP Recommended Provisions for
the Development of Seismic Regulation for New Buildings.
(b) Each of the following model codes or standards provides a level
of seismic safety substantially equivalent to that provided by the 1994
or 1997 NEHRP Recommended Provisions and are appropriate for federally
assisted new building construction:
(1) 1997 International Conference of Building Officials (ICBO)
Uniform Building Code. Copies of the book or CD-ROM are available from
the International Conference of Building Officials, 5360 Workman Mill
Road, Whittier, CA 90601-2298, phone: 1-800-284-4406, fax: 1-888-329-
4226.
(2) 1995 or 1998 American Society of Civil Engineers (ASCE) 7,
Minimum Design Loads for Buildings and Other Structures. Copies are
available from the American Society of Civil Engineers, Publications
Marketing Department, 1801 Alexander Bell Drive, Reston, VA 20191-4400,
e-mail: marketing@asce.org, fax: 1-703-295-6211.
(3) 2000 International Code Council (ICC) International Building
Code. Copies of the book or CD-ROM are available from the International
Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA
90601-2298, phone: 1-800-284-4406, fax: 1-888-329-4226.
(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 building design stating that seismic
provisions pursuant to Sec. 1792.103 of this subpart will be used in
the design of the building.
(a) For projects in which plans and specifications are required to
be submitted to RUS, this acknowledgement shall be on the title page of
the drawings included with the final plans and specifications. This
acknowledgement will include the identification and date of the model
code or standard that is used in the seismic design of the building
project. The plans and specifications must be dated, signed, and sealed
by the registered architect or engineer.
(b) For projects in which plans and specifications are not
submitted, this acknowledgement shall be in the form
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of a statement from the architect or engineer responsible for the
building design. The statement shall identify the model code or
standard identified that is used in the seismic design of the building
or buildings and, shall be dated and signed.
Dated: April 15, 2004.
Hilda Gay Legg,
Administrator, Rural Utilities Service.
[FR Doc. 04-9611 Filed 4-29-04; 8:45 am]
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