[Federal Register: October 16, 2006 (Volume 71, Number 199)]
[Rules and Regulations]
[Page 60657-60658]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16oc06-1]
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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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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[[Page 60657]]
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1792
RIN 0572-AC01
Seismic Safety
AGENCY: Rural Utilities Service, USDA.
ACTION: Direct final rule.
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SUMMARY: The Rural Utilities Service, an agency which administers the
U.S. Department of Agriculture's Rural Development Utilities Programs
(hereinafter ``USDA Rural Development'' or the ``Agency,'') is amending
its regulations to update the seismic safety requirements of the
Agency. These amendments will provide Agency borrowers (including Rural
Telephone Bank borrowers), grant recipients, and the public with
updated rules for compliance with seismic safety requirements for new
building construction using loan, grant, or guaranteed funds of the
Agency, or funds provided through lien accommodations or subordinations
approved by the Agency.
DATES: This rule will become effective November 30, 2006, unless we
receive written adverse comments or a written notice of intent to
submit adverse comments on or before November 15, 2006. 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 USDA Rural Development or
carry a postmark or equivalent no later than November 15, 2006.
ADDRESSES: Submit adverse comments or notice of intent to submit
adverse comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov
and, in the lower ``Search Regulations and Federal
Actions'' box, select ``Rural Utilities Service'' from the agency drop-
down menu, then click on ``Submit.'' In the Docket ID column, select
RUS-06-Agency-0049 to submit or view public comments and to view
supporting and related materials available electronically. Information
on using Regulations.gov, including instructions for accessing
documents, submitting comments, and viewing the docket after the close
of the comment period, is available through the site's ``User Tips''
link.
Postal Mail/Commercial Delivery: Please send your comment
addressed to Richard Annan, Director, Program Development and
Regulatory Analysis, USDA Rural Development, 1400 Independence Avenue,
STOP 1522, Room 5159, Washington, DC 20250-1522. Please state that your
comment refers to Docket No. RUS-06-Agency-0049.
Other Information: Additional information about Rural Development
and its programs is available on the Internet at http://www.rurdev.usda.gov/index.html
.
FOR FURTHER INFORMATION CONTACT: Mr. Donald Heald, Structural Engineer,
Transmission Branch, Electric Staff Division, USDA Rural Development,
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 Agency loans and loan guarantees from coverage under
this order.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. The Agency 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, Federalism
This rule will not have any substantial direct effect on States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, consultation with States is not required.
Regulatory Flexibility Act Certification
The Agency certifies that this rule will not have a significant
economic impact on a substantial number of small entities, as defined
in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Therefore, no
further analysis is required. This rule serves to update the existing
regulation and should result in modest cost savings and ease the
regulatory compliance burden for affected applicants.
Information Collection and Recordkeeping Requirements
The reporting and recordkeeping requirements contained in the rule
have 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 the Agency 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.
[[Page 60658]]
Catalog of Federal Domestic Assistance
The programs covered by this 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
In the mid eighties, the Federal Emergency Management Agency (FEMA)
contracted the Building Seismic Safety Council (BSSC) to develop the
National Earthquake Hazards Reduction Program (NEHRP) Provisions for
new buildings. One of the primary goals of the program is to reduce or
mitigate losses from earthquakes. The NEHRP Recommended Provisions for
Seismic Regulations for New Buildings and Other Structures are
recommended provisions that have been adopted in recent times by model
codes and standards. The first edition of the NEHRP Provisions was
dated 1985. The document is updated on a 3-year cycle. The 2000 edition
of the NEHRP provisions is the fifth update of the document.
Executive Order 12699, Seismic Safety of Federal and Federally
Assisted or Regulated New Building Construction, requires that all new
federally owned, leased, assisted, and other regulated buildings be
designed and constructed in accordance with the appropriate seismic
standards. The Interagency Committee on Seismic Safety in Construction
(ICSSC) has recommended the use of building codes which are
substantially equivalent to the 2000 National Earthquake Hazards
Reduction Program Provisions for the Development of Seismic Regulations
for New Buildings (commonly called the NEHRP Provisions).
The National Institute of Standards and Technology (NTIS) had
previously contracted to evaluate the equivalency of the latest edition
of the NEHRP Provisions available at the time and the latest editions
of national building codes and standards. The four previous comparisons
involved the BOCA National Building Code (BOCA/NBC), the Standard
Building Code (SBC), the Uniform Building Code (UBC), ASCE 7, Minimum
Design Loads for Buildings and Other Structures (ASCE 7) and CABO One-
and Two-Family Dwelling Code (OTFDC), the International Building Code
(IBC), and the International Residential Code (IRC).
NTIS contracted to determine whether or not the seismic and
material design provisions of the International Building Code (IBC),
2003 edition; the NFPA 5000 Building Construction and Safety Code, 2003
edition; the International Residential Code for One- and Two-Family
Dwellings, 2003 edition, and ASCE 7-02, Minimum Design Loads for
Buildings and Other Structures, are substantially equivalent to, or
exceed, the 2000 NEHRP Provisions.
For purposes of USDA Rural Development, the following documents
have been found to be substantially equivalent to the 2000 NEHRP:
International Building Code (IBC), 2003 edition; the NFPA 5000 Building
Construction and Safety Code, 2003 edition, and ASCE 7-02, Minimum
Design Loads for Buildings and Other Structures. Although these
documents were found to be equivalent in intent and equivalent in
design values, there were some exceptions within each document. Because
of the structure of our agency requirements, it is recommended that the
above documents be accepted as substantially equivalent.
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.
0
For reasons set forth 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 part 1792 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).
0
2. Section 1792.103 is amended by revising paragraphs (a) and (b) 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
2000 edition 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 2000
NEHRP Recommended Provisions and are appropriate for federally assisted
new building construction:
(1) 2003 NFPA 5000 Building Construction and Safety Code. Copies of
the book are available from the NFPA (National Fire Protection
Association), 1 Batterymarch Park, Quincy, MA 02269-7471. Telephone:
(617) 770-3000. Fax: (617) 770-0700.
(2) 2002 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. Telephone: (800) 548-2723. Fax: (703) 295-6211.
(3) 2003 International Code Council (ICC) International Building
Code (IBC). Copies of the book or CD-ROM are available from the
International Conference of Building Officials, 4051 West Flossmoor
Rd., Country Club Hill, IL 60478. Telephone: (800) 786-4452. Fax: (800)
214-7167.
* * * * *
Dated: September 27, 2006.
James M. Andrew,
Administrator, Rural Utilities Service.
[FR Doc. E6-17065 Filed 10-13-06; 8:45 am]
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