[Federal Register Volume 65, Number 103 (Friday, May 26, 2000)]
[Proposed Rules]
[Pages 34125-34127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13295]


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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: Proposed rule.

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SUMMARY: The Rural Utilities Service (RUS) proposes to amend its 
regulations to update and simplify the requirements of the agency. This 
revised rule would 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. The proposed revision would identify model codes and standards 
found to provide a required level of seismic safety.

DATES: Written comments must be received by RUS on or before July 25, 
2000.

ADDRESSES: Written comments should be addressed to George J. Bagnall, 
Director, Electric Staff Division, U.S. Department of Agriculture, 
Rural Utilities Service, Room 1246 South Building, Stop 1569, 14th & 
Independence Ave., SW., Washington, DC 20250-1569. Telephone 202-720-
1900. RUS requests 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: 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 proposed 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 proposed 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 proposed rule has been reviewed in accordance with Executive 
Order 12988, Civil Justice Reform. RUS has determined that this 
proposed 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 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 economic impact on a substantial number of small 
entities as 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

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), RUS invites comments on this information collection for 
which RUS intends to request approval from the Office of Management and 
Budget (OMB).
    Comments on this notice must be received by July 25, 2000.
    Comments are invited on (a) whether the collection of information 
is necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility; (b) the 
accuracy of the agency's estimate of burden including the validity of 
the methodology and assumption used; (c) ways to enhance the quality, 
utility and clarity of the information to be collected; and (d) ways to 
minimize the burden of the collection of information on those who are 
to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques on 
other forms of information technology.
    Comments may be sent to F. Lamont Heppe, Jr., Director, Program 
Development and Regulatory Analysis, Rural Utilities Service, U.S. 
Department of Agriculture, 1400 Independence Ave., SW., Stop 1522, Room 
4034 South Building, Washington, D.C. 20250-1522.
    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.
    Title: Seismic Safety of New Building Construction.
    OMB Control Number: 0572-0099.
    Type of Request: Revision of a currently approved collection.
    Abstract: The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 
7701

[[Page 34126]]

et seq.) was enacted to reduce risks to life and property through the 
National Earthquake Hazards Reduction Program (NEHRP). The Federal 
Emergency Management Agency (FEMA) is designated as the agency with the 
primary responsibility to plan and coordinate the NEHRP. This program 
includes the development and implementation of feasible design and 
construction methods to make structures earthquake resistant. Executive 
Order 12699 of January 5, 1990, Seismic Safety of Federal and Federally 
Assisted or Regulated New Building Construction, requires that measures 
to assure seismic safety be imposed on federally assisted new building 
construction.
    The revision of 7 CFR Part 1792, Subpart C, Seismic Safety of 
Federally Assisted New Building Construction, will reduce the 
requirements by the borrower or grant recipient needed to comply with 
this part. This revision will also include RUS water and waste water 
borrowers previously under the former Famers Home Administration (FmHA) 
(Pub. L. 103-354, 108 Stat. 3178).
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 1.5 hours per response.
    Respondents: Small business or organizations.
    Estimated Number of Respondents: 1,000.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 800.
    Copies of this information collection can be obtained from Dawn 
Wolfgang, Program Development and Regulatory Analysis, at (202) 720-
0812.
    All responses to this information collection and recordkeeping 
notice will be summarized and included in the request for OMB approval. 
All comments will also become a matter of public record.

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 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; 10.760, 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 
proposed 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 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 would be 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.

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 set for in the preamble, chapter XVII of title 7 of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 1792--COMPLIANCE WITH OTHER FEDERAL STATUTES, REGULATIONS, AND 
EXECUTIVE ORDERS

    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., 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), & (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.

[[Page 34127]]

    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 building project and the seismic factor for the building location.

    Dated: May 15, 2000.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 00-13295 Filed 5-25-00; 8:45 am]
BILLING CODE 3410-15-P