[Federal Register Volume 65, Number 79 (Monday, April 24, 2000)]
[Proposed Rules]
[Pages 21671-21673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10140]


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DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1724

RIN 0572-AB54


Electric Engineering, Architectural Services and Design Policies 
and Procedures

AGENCY: Rural Utilities Service, USDA.

ACTION: Proposed rule.

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SUMMARY: The Rural Utilities Service (RUS) is proposing to amend its 
regulations to revise its requirements regarding RUS approval of plans 
and specifications for buildings. Specifically, RUS is proposing that 
the requirement for RUS approval of architectural plans and 
specifications for buildings be eliminated and that instead the 
borrower's architect or engineer be required to state that the design 
complies with certain specific standards. This change is being made in 
order to provide better service to borrowers.

DATES: Written comments must be received by RUS, or bear a postmark or 
equivalent, no later than June 23, 2000.

ADDRESSES: Written comments should be addressed to F. Lamont Heppe, 
Jr., Director, Program Development and Regulatory Analysis, Rural 
Utilities Service, U.S. Department of Agriculture, Stop 1522, 1400 
Independence Avenue, SW., Washington, DC 20250-1522. Telephone: (202) 
720-9550. RUS requires 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: Fred J. Gatchell, Deputy Director, 
Electric Staff Division, Rural Utilities Service, U.S. Department of 
Agriculture, Stop 1569, 1400 Independence Ave., SW., Washington, DC 
20250-1569. Telephone: (202) 720-1398. FAX: (202) 720-7491. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and,

[[Page 21672]]

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, local, and tribal government or the private sector. 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 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 
accordance with the Executive Order and the rule: (1) All State and 
local laws and regulations that are in conflict with this rule will be 
preempted; (2) no retroactive effect will be given to this rule, and 
(3), in accordance with Sec. 212(e) of the Department of Agriculture 
Reorganization Act of 1994 (7 U.S.C. Sec. 6912(e)), if any are more 
required, they 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 relating to 
RUS electric loan program is not a rule as defined in the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) and, therefore, the Regulatory 
Flexibility Act does not apply to this rule. RUS borrowers, as a result 
of obtaining federal financing, receive economic benefits that exceed 
any direct economic costs associated with complying with RUS 
regulations and requirements.

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 program described by this proposed rule is listed in the 
Catalog of Federal Domestic Assistance programs under No. 10.850, Rural 
Electrification Loans and Loan Guarantees. This catalog is available on 
a subscription basis from the Superintendent of Documents, the United 
States Government Printing Office, Washington, DC 20402-9325, telephone 
number (202) 512-1800.

Information Collection and Recordkeeping Requirements

    The reporting and recordkeeping requirements contained in this rule 
were approved by the Office of Management and Budget (OMB) pursuant to 
the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) under OMB 
control number 0572-0118.
    Send questions or comments regarding this burden or any other 
aspect of these collection 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., Room 4034 SBldg., STOP 1522, Washington, DC 
20250-1522.

Unfunded Mandates

    This proposed 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 has promulgated regulations pertaining to the design and 
construction of RUS electric borrower's systems. These regulations are 
contained in 7 CFR chapter XVII, Part 1724, Electric Engineering, 
Architectural Services and Design Policies and Procedures, which 
describes policies and procedures pertaining to RUS electric borrower 
procurement of architectural and engineering services for planning, 
design, and construction management of buildings and electric utility 
plant such as distribution and transmission lines, substations, 
communications and control systems, and generating plants. RUS has 
determined that continued review and approval of plans and 
specifications for buildings by RUS is not necessary. This will 
eliminate the burden on the borrowers of having to send the plans and 
specifications to RUS before issuing them to bidders. However, RUS will 
require that the borrower's architect or engineer state that the design 
complies with certain specific standards. This change is being made in 
order to provide better service to borrowers.
    We are also correcting a date in the list of contract forms.

List of Subjects in 7 CFR Part 1724

    Electric power, Loan programs--energy, Reporting and recordkeeping 
requirements, Rural areas.
    For the reasons set forth in the preamble, RUS proposes to amend 7 
CFR chapter XVII by amending part 1724 as follows:

PART 1724--ELECTRICAL ENGINEERING, ARCHITECTURAL SERVICES AND 
DESIGN POLICIES AND PROCEDURES

    1. The authority citation for part 1724 continues to read as 
follows:

    Authority: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.

    2. Section 1724.54(f)(2) is revised to read as follows:


Sec. 1724.54  Requirements for RUS approval of plans and 
specifications.

* * * * *
    (f) * * *
    (2) Unless RUS approval is required by paragraph (a) of this 
section, plans and specifications for headquarters buildings do not 
require RUS approval. The borrower shall submit two copies of RUS Form 
740g, Application for Headquarters Facilities. This form is available 
from Program Development and Regulatory Analysis, Rural Utilities 
Service, United States Department of Agriculture, Stop 1522, 1400 
Independence Ave., SW., Washington, DC 20250-1522. The application must 
show floor area and estimated cost breakdown between office building 
space and space for equipment warehousing and service facilities, and 
include a one line drawing (floor plan and elevation view), to scale, 
of the proposed building with overall dimensions shown. The information 
concerning the planned building may be included in the borrower's 
construction work plan in lieu of submitting it with the application. 
(See 7 CFR part 1710, subpart F.) Prior to issuing the plans and 
specifications for bid, the borrower shall also submit to RUS a 
statement, signed by the architect or engineer, that the building 
design meets the Uniform Federal Accessibility Standards (See 
Sec. 1724.51(e)(1)(i)).
* * * * *
    3. Section 1724.74(d)(7) is revised to read as follows:


Sec. 1724.74  List of electric program standard contract forms.

* * * * *
    (d) * * *
    (7) RUS Form 284, Rev. 4-72, Final Statement of Cost for 
Architectural

[[Page 21673]]

Service. This form is used for the closeout of architectural services 
contracts.
* * * * *

    Dated: April 12, 2000.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 00-10140 Filed 4-21-00; 8:45 am]
BILLING CODE 3410-15-P