[Federal Register: December 8, 2000 (Volume 65, Number 237)]
[Rules and Regulations]
[Page 76915-76916]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de00-1]
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Rules and Regulations
Federal Register
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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
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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-AB47
Seismic Safety
AGENCY: Rural Utilities Service, USDA.
ACTION: Final rule.
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SUMMARY: The Rural Utilities Services (RUS) is amending its regulation
to update and simplify the requirements of the agency. This final rule
provides 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. These
revisions will identify model codes and standards found to provide a
required level of seismic safety.
EFFECTIVE DATE: December 8, 2000.
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 offices. See the final rule related notice entitled
``Department Programs and Activities Excluded from Executive Order
12372'' (50 FR 47034).
Executive Order 12988
This rule has been reviewed in accordance with 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 Sec. 212(e) of the
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e))
administrative appeals procedure, 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 impact on a substantial number of small entities
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
The reporting and recordkeeping requirements contained in this rule
has been approved by the Office of Management and Budget (OMB) under
OMB Control No. 0572-0099, pursuant to the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35).
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., Stop 1522, Washington, DC 20250-1522.
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 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; 10.760,
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 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
[[Page 76916]]
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 is 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.
A proposed rule was published May 26, 2000, at 65 FR 34125, with
the comment period ending July 25, 2000. No comments were received in
response to the proposed rule.
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 contained in the preamble, chapter XVII of title 7 of
the Code of Federal Regulations is amended to read as follows:
PART 1792--COMPLIANCE WITH OTHER FEDERAL STATUTES, REGULATIONS, AND
EXECUTIVE ORDERS
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., 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), and (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.
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 seismic design of the building project and the seismic factor for
the building location.
Dated: December 1, 2000.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 00-31296 Filed 12-7-00; 8:45 am]
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