[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Rules and Regulations]
[Pages 60657-60658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17065]



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 Rules and Regulations
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  Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / 
Rules and Regulations  

[[Page 60657]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1792

RIN 0572-AC01


Seismic Safety

AGENCY: Rural Utilities Service, USDA.

ACTION: Direct final rule.

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SUMMARY: The Rural Utilities Service, an agency which administers the 
U.S. Department of Agriculture's Rural Development Utilities Programs 
(hereinafter ``USDA Rural Development'' or the ``Agency,'') is amending 
its regulations to update the seismic safety requirements of the 
Agency. These amendments will provide Agency borrowers (including Rural 
Telephone Bank borrowers), grant recipients, and the public with 
updated rules for compliance with seismic safety requirements for new 
building construction using loan, grant, or guaranteed funds of the 
Agency, or funds provided through lien accommodations or subordinations 
approved by the Agency.

DATES: This rule will become effective November 30, 2006, unless we 
receive written adverse comments or a written notice of intent to 
submit adverse comments on or before November 15, 2006. 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 USDA Rural Development or 
carry a postmark or equivalent no later than November 15, 2006.

ADDRESSES: Submit adverse comments or notice of intent to submit 
adverse comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the lower ``Search Regulations and Federal 
Actions'' box, select ``Rural Utilities Service'' from the agency drop-
down menu, then click on ``Submit.'' In the Docket ID column, select 
RUS-06-Agency-0049 to submit or view public comments and to view 
supporting and related materials available electronically. Information 
on using Regulations.gov, including instructions for accessing 
documents, submitting comments, and viewing the docket after the close 
of the comment period, is available through the site's ``User Tips'' 
link.
     Postal Mail/Commercial Delivery: Please send your comment 
addressed to Richard Annan, Director, Program Development and 
Regulatory Analysis, USDA Rural Development, 1400 Independence Avenue, 
STOP 1522, Room 5159, Washington, DC 20250-1522. Please state that your 
comment refers to Docket No. RUS-06-Agency-0049.
    Other Information: Additional information about Rural Development 
and its programs is available on the Internet at http://www.rurdev.usda.gov/index.html.

FOR FURTHER INFORMATION CONTACT: Mr. Donald Heald, Structural Engineer, 
Transmission Branch, Electric Staff Division, USDA Rural Development, 
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 Agency loans and loan guarantees from coverage under 
this order.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. The Agency 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, Federalism

    This rule will not have any substantial direct effect on States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. Therefore, consultation with States is not required.

Regulatory Flexibility Act Certification

    The Agency certifies that this rule will not have a significant 
economic impact on a substantial number of small entities, as defined 
in the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Therefore, no 
further analysis is required. This rule serves to update the existing 
regulation and should result in modest cost savings and ease the 
regulatory compliance burden for affected applicants.

Information Collection and Recordkeeping Requirements

    The reporting and recordkeeping requirements contained in the rule 
have 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 the Agency 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.

[[Page 60658]]

Catalog of Federal Domestic Assistance

    The programs covered by this 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

    In the mid eighties, the Federal Emergency Management Agency (FEMA) 
contracted the Building Seismic Safety Council (BSSC) to develop the 
National Earthquake Hazards Reduction Program (NEHRP) Provisions for 
new buildings. One of the primary goals of the program is to reduce or 
mitigate losses from earthquakes. The NEHRP Recommended Provisions for 
Seismic Regulations for New Buildings and Other Structures are 
recommended provisions that have been adopted in recent times by model 
codes and standards. The first edition of the NEHRP Provisions was 
dated 1985. The document is updated on a 3-year cycle. The 2000 edition 
of the NEHRP provisions is the fifth update of the document.
    Executive Order 12699, Seismic Safety of Federal and Federally 
Assisted or Regulated New Building Construction, requires that all new 
federally owned, leased, assisted, and other regulated buildings be 
designed and constructed in accordance with the appropriate seismic 
standards. The Interagency Committee on Seismic Safety in Construction 
(ICSSC) has recommended the use of building codes which are 
substantially equivalent to the 2000 National Earthquake Hazards 
Reduction Program Provisions for the Development of Seismic Regulations 
for New Buildings (commonly called the NEHRP Provisions).
    The National Institute of Standards and Technology (NTIS) had 
previously contracted to evaluate the equivalency of the latest edition 
of the NEHRP Provisions available at the time and the latest editions 
of national building codes and standards. The four previous comparisons 
involved the BOCA National Building Code (BOCA/NBC), the Standard 
Building Code (SBC), the Uniform Building Code (UBC), ASCE 7, Minimum 
Design Loads for Buildings and Other Structures (ASCE 7) and CABO One- 
and Two-Family Dwelling Code (OTFDC), the International Building Code 
(IBC), and the International Residential Code (IRC).
    NTIS contracted to determine whether or not the seismic and 
material design provisions of the International Building Code (IBC), 
2003 edition; the NFPA 5000 Building Construction and Safety Code, 2003 
edition; the International Residential Code for One- and Two-Family 
Dwellings, 2003 edition, and ASCE 7-02, Minimum Design Loads for 
Buildings and Other Structures, are substantially equivalent to, or 
exceed, the 2000 NEHRP Provisions.
    For purposes of USDA Rural Development, the following documents 
have been found to be substantially equivalent to the 2000 NEHRP: 
International Building Code (IBC), 2003 edition; the NFPA 5000 Building 
Construction and Safety Code, 2003 edition, and ASCE 7-02, Minimum 
Design Loads for Buildings and Other Structures. Although these 
documents were found to be equivalent in intent and equivalent in 
design values, there were some exceptions within each document. Because 
of the structure of our agency requirements, it is recommended that the 
above documents be accepted as substantially equivalent.

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 forth 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 part 1792 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).


0
2. Section 1792.103 is amended by revising paragraphs (a) and (b) 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 
2000 edition 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 2000 
NEHRP Recommended Provisions and are appropriate for federally assisted 
new building construction:
    (1) 2003 NFPA 5000 Building Construction and Safety Code. Copies of 
the book are available from the NFPA (National Fire Protection 
Association), 1 Batterymarch Park, Quincy, MA 02269-7471. Telephone: 
(617) 770-3000. Fax: (617) 770-0700.
    (2) 2002 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]. Telephone: (800) 548-2723. Fax: (703) 295-6211.
    (3) 2003 International Code Council (ICC) International Building 
Code (IBC). Copies of the book or CD-ROM are available from the 
International Conference of Building Officials, 4051 West Flossmoor 
Rd., Country Club Hill, IL 60478. Telephone: (800) 786-4452. Fax: (800) 
214-7167.
* * * * *

    Dated: September 27, 2006.
James M. Andrew,
Administrator, Rural Utilities Service.
[FR Doc. E6-17065 Filed 10-13-06; 8:45 am]
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