[Federal Register Volume 65, Number 205 (Monday, October 23, 2000)]
[Rules and Regulations]
[Pages 63195-63196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27155]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 205 / Monday, October 23, 2000 / 
Rules and Regulations  

[[Page 63195]]



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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Rural Utilities Service (RUS) is amending its regulations 
to revise its requirements regarding RUS approval of plans and 
specifications for buildings. Specifically, the requirement for RUS 
approval of architectural plans and specifications for buildings is 
eliminated and instead the borrower's architect or engineer is 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: This rule will become effective on November 22, 2000.

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 rule has been determined to be not significant for the 
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. See the final rule related notice entitled 
``Department Programs and Activities Excluded from Executive Order 
12372,'' (50 FR 47034) advising that RUS loans and loan guarantees were 
not covered by Executive Order 12372.

Executive Order 12988

    This 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 addition, 
(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 section 212(e) of the Department 
of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e)) 
administrative appeals procedures, if any are required, must be 
exhausted prior to initiating an action 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 by 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 costs associated with 
complying with RUS regulations and requirements.

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 program described by this 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 recording 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 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., Room 4034 SBldg., Stop 1522, Washington, 
DC 20250-1522.

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 has promulgated regulations pertaining to the design and 
construction of RUS electric borrower's systems. These regulations are 
contained in 7 CFR 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

[[Page 63196]]

made in order to provide better service to borrowers.
    We are also correcting a date in the list of contract forms.
    RUS received no comments to the proposed regulation published in 
the Federal Register on April 24, 2000, at 65 FR 21671.

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 amends 7 CFR chapter 
XVII by amending part 1724 as follows:

PART 1724--ELECTRIC 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. 1724.70  List of electric program standard contract forms.

* * * * *
    (d) * * *
    (7) RUS Form 284, Rev. 4-72, Final Statement of Cost for 
Architectural Service. This form is used for the closeout of 
architectural services contracts.
* * * * *

    Dated: October 5, 2000.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 00-27155 Filed 10-20-00; 8:45 am]
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