[Federal Register Volume 59, Number 75 (Tuesday, April 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9400]


  Federal Register / Vol. 59, No. 75 / Tuesday, April 19, 1994 /
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[[Page Unknown]]

[Federal Register: April 19, 1994]


                                                    VOL. 59, NO. 75

                                            Tuesday, April 19, 1994

DEPARTMENT OF ENERGY

Office of the Secretary

10 CFR Part 600

RIN 1991-AB03

 

Financial Assistance Rules; Seismic Safety Standards

AGENCY: Department of Energy.

ACTION: Final rule.

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SUMMARY: The Department of Energy (DOE) today is amending the Financial 
Assistance Rules (Rules), 10 CFR part 600, to bring the Rules into 
compliance with Executive Order 12699 of January 5, 1990, Seismic 
Safety of Federal and Federally Assisted or Regulated New Building 
Construction.

EFFECTIVE DATE: May 19, 1994.

FOR FURTHER INFORMATION CONTACT:
Gwendolyn Cowan, Director, Business and Financial Policy Division, (HR-
521.2), U.S. Department of Energy, 1000 Independence Avenue SW., 
Washington, DC 20585, (202) 586-8159.
Sophie C. Cook, Office of the Assistant General Counsel, Procurement 
and Finance (GC-34), U.S. Department of Energy, Washington, DC 20585, 
(202) 586-1900.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction.
II. Changes to 10 CFR Part 600.
III. Discussion of Comments on Proposed Rule.
IV. Review Under Executive Order 12612.
V. Regulatory Review.
VI. Review Under the Regulatory Flexibility Act.
VII. Review Under the Paperwork Reduction Act.
VIII. Review Under the National Environmental Policy Act.
IX. Review Under Executive Order 12778.

I. Introduction

    To comply with Executive Order 12699 of January 5, 1990, the DOE 
initially changed its Financial Assistance Rules on February 2, 1992. 
At the time the Rules were amended, the Uniform Building Code was the 
only code/standard judged to be ``substantially equivalent'' to the 
National Earthquake Hazards Reduction Program's Recommended Provisions 
for the Development of Seismic Regulations for New Buildings, 1988 
Edition.
    On March 4, 1992, the Interagency Committee on Seismic Safety in 
Construction (ICSSC), acting in accordance with E.O. 12699, issued a 
recommendation to the Federal Emergency Management Administration 
(FEMA) finding that specified versions of three of the four model 
building codes reviewed ``provide a level of seismic safety that is 
substantially equivalent to the Recommended Provisions for the 
Development of Seismic Regulations for New Buildings, 1988 Edition 
(FEMA 222 and 223)'' (see appendix C of the Guidelines and Procedures 
for Implementation of the Executive Order on Seismic Safety of New 
Building Construction, ICSSC RP 2.1A, NISTIR 4852, June 1992). 
Following this ``certification,'' the DOE again proposed changes to the 
Financial Assistance Rules to permit the use of all model building 
codes found to be acceptable.
    When other codes and/or standards are found acceptable, such as the 
ASCE 7-93 Standard (for seismic loads), the DOE will initiate 
appropriate changes to the Financial Assistance Rules.

II. Changes to 10 CFR Part 600

    Section 600.12(c) is revised to identify additional building codes 
which would meet the seismic safety requirements of the Executive 
Order.

III. Discussion of Comments on Proposed Rule

    One comment was received. The American Society of Civil Engineers 
(ASCE) stated that the DOE should adopt ASCE Standard 7-93 for seismic 
loads in the Financial Assistance Rules.
    The Department is unable to adopt the ASCE comment at this time. 
The ASCE proposal can be considered when ASCE Standard 7-93 has been 
found by the Interagency Committee on Seismic Safety in Construction 
(ICSSC) to provide a level of seismic safety that is substantially 
equivalent to the Recommended Provisions for the Development of Seismic 
Regulations for New Buildings. The ASCE comment has been forwarded to 
the Chairman of the ICSSC of the National Earthquake Hazards Reduction 
Program for consideration.

IV. Review Under Executive Order 12612

    Executive Order 12612 requires that regulations, rules, 
legislation, and any other policy actions be reviewed for any 
substantial direct effects on States, on the relationship between the 
Federal Government and the States, or in the distribution of power and 
responsibilities among various levels of Government. If there are 
sufficient substantial direct effects, then the Executive Order 
requires preparation of a federalism assessment to be used in all 
decisions involved in promulgating and implementing a policy action. 
Today's rule will revise certain policy and procedural requirements. 
However, DOE has determined that the revision will not have a 
substantial direct effect on the institutional interests or traditional 
functions of States.

V. Regulatory Review

    Today's regulatory action has been determined not to be a 
``significant regulatory action'' under Executive Order 12866, 
``Regulatory Planning and Review,'' (58 FR 51735, October 4, 1993). 
Accordingly, today's action was not subject to review under the 
Executive Order by the Office of Information and Regulatory Affairs.

VI. Review Under the Regulatory Flexibility Act

    This final rule was reviewed under the Regulatory Flexibility Act 
of 1980, Public Law 96-354, 94 Stat. 1164, which requires preparation 
of a regulatory flexibility analysis for any regulation that will have 
a significant economic impact on a substantial number of small 
entities; i.e., small businesses, small organizations, and small 
governmental jurisdictions. DOE has concluded that the final rule would 
only affect small entities as they apply for and receive financial 
assistance, and does not create additional economic impact on small 
entities as a whole. DOE certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
and, therefore, no regulatory flexibility analysis has been prepared.

VII. Review Under the Paperwork Reduction Act

    No information collection or recordkeeping requirements are imposed 
upon the public by this rulemaking. Accordingly, no OMB clearance is 
required under the Paperwork Reduction Act of 1980, 44 U.S.C. 3501, et 
seq., or OMB implementing regulations at 5 CFR part 1320.

VIII. Review Under the National Environmental Policy Act

    DOE has concluded that promulgation of this final rule clearly 
would not represent a major Federal action having significant impact on 
the human environment under the National Environmental Policy Act 
(NEPA) of 1969 (42 U.S.C. 4321, et seq. (1976)), the Council on 
Environmental Quality Regulations (40 CFR parts 1500-1508), and DOE 
guidelines (10 CFR part 1021) and, therefore, does not require an 
environmental impact statement pursuant to NEPA.

IX. Review Under Executive Order 12778

    Section 2 of Executive Order 12778 instructs each agency to adhere 
to certain requirements in promulgating new regulations and reviewing 
existing regulations. These requirements, set forth in sections 2(a) 
and (b)(2), include eliminating drafting errors and needless ambiguity, 
drafting the regulations to minimize litigation, providing clear and 
certain legal standards for affected conduct, and promoting 
simplification and burden reduction. Agencies are also instructed to 
make every reasonable effort to ensure that the regulation specifies 
clearly any preemptive effect, effect on existing Federal law or 
regulation, and retroactive effect; describes any administrative 
proceedings to be available prior to judicial review and any provisions 
for the exhaustion of such administrative proceedings; and defines key 
terms. DOE certifies that today's final rule meets the requirements of 
sections 2(a) and (b) of Executive Order 12778.

List of Subjects in 10 CFR Part 600

    Cooperative agreements/energy; Educational institutions; Energy; 
Grants/energy; Non-profit organizations.

    In consideration of the foregoing, the Department of Energy amends 
part 600 of chapter II of title 10 of the Code of Federal Regulations 
as set forth below.

    Issued in Washington, DC, April 4, 1994.
Richard H. Hopf,
Deputy Assistant Secretary for Procurement and Assistant Management.

    For the reasons set out in the preamble, part 600 of chapter II, 
title 10 of the Code of Federal Regulations is amended as follows:

PART 600--FINANCIAL ASSISTANCE RULES

    1. The authority citation for Part 600 continues to read as 
follows:

    Authority: Secs. 644 and 646, Pub. L. 95-91, 91 Stat. 599 (42 
U.S.C. 7254 and 7256); Pub. L. 97-258, 96 Stat. 1003-1005 (31 U.S.C. 
6301-6308), unless otherwise noted.

    2. Section 600.12(c) is revised as follows:


Sec. 600.12  Generally applicable requirements.

* * * * *
    (c) Provisions shall be made to design and construct all buildings, 
in which DOE funds are used, to meet appropriate seismic design and 
construction standards. Seismic codes and standards meeting or 
exceeding the provisions of each of the model codes listed in this 
paragraph are considered to be appropriate for purposes of this part. 
The model codes are as follows:
    (1) 1991 Uniform Building Code, of the International Council of 
Building Officials,
    (2) 1992 Supplement to the National Building Code, of the Building 
Officials and Code Administrators International,
    (3) 1992 Amendments to the Standard Building Code, of the Southern 
Building Code Congress International.
    These codes provide a level of seismic safety that is substantially 
equivalent to the National Earthquake Hazards Reduction Program (NEHRP) 
Recommended Provisions for the Development of Seismic Regulations for 
New Buildings, 1988 Edition (Federal Emergency Management 
Administration 222 and 223).
    Revisions of these model codes that are substantially equivalent to 
or exceed the then current or immediately preceding edition of the 
NEHRP Recommended Provisions (which are updated triennially) shall be 
considered to be appropriate standards.

[FR Doc. 94-9400 Filed 4-18-94; 8:45 am]
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