[Federal Register Volume 69, Number 84 (Friday, April 30, 2004)]
[Rules and Regulations]
[Pages 23641-23643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9611]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Rules 
and Regulations  

[[Page 23641]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1792

RIN 0572-AB74


Seismic Safety

AGENCY: Rural Utilities Service, USDA.

ACTION: Direct final rule.

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SUMMARY: The Rural Utilities Service (RUS), an agency delivering the 
United States Department of Agriculture's Rural Development Utilities 
Programs, is amending its regulations to update the seismic safety 
requirements of the agency. These amendments will 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.

DATES: This rule will become effective June 14, 2004, unless we receive 
written adverse comments or a written notice of intent to submit 
adverse comments on or before June 1, 2004. If we receive such comments 
or notice, we will publish a timely document in the Federal Register 
withdrawing the rule. Comments received will be considered under the 
proposed rule published in this edition of the Federal Register in the 
proposed rule section. A second public comment period will not be held.
    Written comments must be received by RUS or carry a postmark or 
equivalent no later than June 1, 2004.

ADDRESSES: Submit adverse comments or notice of intent to submit 
adverse comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Agency Web site: http://www.usda.gov/rus/index2/Comments.htm. Follow the instructions for submitting comments.
     E-mail: [email protected]. Include in the 
subject line of the message ``Seismic Safety''.
     Mail: Addressed to Richard Annan, Acting 
Director, Program Development and Regulatory Analysis, Rural Utilities 
Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., 
STOP 1522, Washington, DC 20250-1522.
     Hand Delivery/Courier: Addressed to Richard 
Annan, Acting Director, Program Development and Regulatory Analysis, 
Rural Utilities Service, U.S. Department of Agriculture, 1400 
Independence Avenue, SW., Room 5168 South Building, Washington, DC 
20250-1522.
    Instructions: All submissions received must include that agency 
name and the subject heading ``Seismic Safety''. All comments received 
must identify the name of the individual (and the name of the entity, 
if applicable) who is submitting the comment. All comments received 
will be posted without change to http://www.usda.gov/rus/index2/Comments.htm, including any personal information provided.

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 officials. A notice of final rule entitled ``Department 
Programs and Activities Excluded from Executive Order 12372,'' (50 FR 
47034) exempted RUS loans and loan guarantees to from coverage under 
this order.

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, 
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, must be exhausted before an 
action against the Department or its agencies may be initiated.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on distribution of power and responsibilities among the 
various levels of government. Under Executive Order 13132, this rule 
does not have sufficient federalism implications to require preparation 
of a Federalism Assessment.

Regulatory Flexibility Act Certification

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) the Administrator of RUS certifies that this rule, if adopted, 
will not have significant economic impact on a substantial number of 
small entities. The rule serves to clarify the existing regulation and 
to generally streamline the review process for such actions. Most of 
the changes in this rule should result in modest cost savings and ease 
the regulatory compliance burden for affected applicants.

Information Collection and Recordkeeping Requirements

    The reporting and record keeping requirements contained in the rule 
has been approved by the Office of Management and Budget (OMB) under 
OMB Control Number 0572-0099, pursuant to the Paperwork Reduction Act 
of 1995 (44 U.S.C. chapter 35).

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

[[Page 23642]]

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; 10.857, Rural Broadband Access Loans and Loan Guarantees, 
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 of 1995) 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, as amended 
(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 uses 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.
    According to a recent study commissioned by the ICSSC, the model 
codes and standards that are equivalent to the 1997 NEHRP Recommended 
Provisions are the 2000 International Building Code and the ASCE 7-98 
Minimum Design Loads for Buildings and Other Structures. These codes 
will be added to the list of codes equivalent to the 1994 or 1997 NEHRP 
Recommended Provisions. In addition, clarification is added to the 
acknowledgment.

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.


0
For reasons set for in the preamble, chapter XVII of title 7 of the 
Code of Federal Regulations is amended as follows:

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

0
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.; 42 
U.S.C. 7701 et seq.; E.O. 12699 (3 CFR,1990 Comp., p. 269).

Subpart C--Seismic Safety


Sec.  1792.102  [Amended]

0
2. Section 1792.102 is amended by removing the definition ``seismic 
factor''.

0
3. 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 
1994, 1997, or 2000 editions of the NEHRP Recommended Provisions for 
the Development of Seismic Regulation for New Buildings.
    (b) Each of the following model codes or standards provides a level 
of seismic safety substantially equivalent to that provided by the 1994 
or 1997 NEHRP Recommended Provisions and are appropriate for federally 
assisted new building construction:
    (1) 1997 International Conference of Building Officials (ICBO) 
Uniform Building Code. Copies of the book or CD-ROM are available from 
the International Conference of Building Officials, 5360 Workman Mill 
Road, Whittier, CA 90601-2298, phone: 1-800-284-4406, fax: 1-888-329-
4226.
    (2) 1995 or 1998 American Society of Civil Engineers (ASCE) 7, 
Minimum Design Loads for Buildings and Other Structures. Copies are 
available from the American Society of Civil Engineers, Publications 
Marketing Department, 1801 Alexander Bell Drive, Reston, VA 20191-4400, 
e-mail: [email protected], fax: 1-703-295-6211.
    (3) 2000 International Code Council (ICC) International Building 
Code. Copies of the book or CD-ROM are available from the International 
Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA 
90601-2298, phone: 1-800-284-4406, fax: 1-888-329-4226.
    (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 building design stating that seismic 
provisions pursuant to Sec.  1792.103 of this subpart will be used in 
the design of the building.
    (a) For projects in which plans and specifications are required to 
be submitted to RUS, this acknowledgement shall be on the title page of 
the drawings included with the final plans and specifications. This 
acknowledgement will include the identification and date of the model 
code or standard that is used in the seismic design of the building 
project. The plans and specifications must be dated, signed, and sealed 
by the registered architect or engineer.
    (b) For projects in which plans and specifications are not 
submitted, this acknowledgement shall be in the form

[[Page 23643]]

of a statement from the architect or engineer responsible for the 
building design. The statement shall identify the model code or 
standard identified that is used in the seismic design of the building 
or buildings and, shall be dated and signed.

    Dated: April 15, 2004.
Hilda Gay Legg,
Administrator, Rural Utilities Service.
[FR Doc. 04-9611 Filed 4-29-04; 8:45 am]
BILLING CODE 3410-15-P