[Federal Register Volume 65, Number 237 (Friday, December 8, 2000)]
[Rules and Regulations]
[Pages 76915-76916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31296]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 65, No. 237 / Friday, December 8, 2000 / 
Rules and Regulations

[[Page 76915]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1792

RIN 0572-AB47


Seismic Safety

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule.

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SUMMARY: The Rural Utilities Services (RUS) is amending its regulation 
to update and simplify the requirements of the agency. This final rule 
provides 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. These 
revisions will identify model codes and standards found to provide a 
required level of seismic safety.

EFFECTIVE DATE: December 8, 2000.

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 offices. See the final rule related notice entitled 
``Department Programs and Activities Excluded from Executive Order 
12372'' (50 FR 47034).

Executive Order 12988

    This rule has been reviewed in accordance with 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 Sec. 212(e) of the 
Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912(e)) 
administrative appeals procedure, 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 impact on a substantial number of small entities 
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

    The reporting and recordkeeping requirements contained in this rule 
has been approved by the Office of Management and Budget (OMB) under 
OMB Control No. 0572-0099, pursuant to the Paperwork Reduction Act of 
1995 (44 U.S.C. Chapter 35).
    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., Stop 1522, Washington, DC 20250-1522.

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 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; 10.760, 
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 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

[[Page 76916]]

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 is 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.
    A proposed rule was published May 26, 2000, at 65 FR 34125, with 
the comment period ending July 25, 2000. No comments were received in 
response to the proposed rule.

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 contained in the preamble, chapter XVII of title 7 of 
the Code of Federal Regulations is amended to read as follows:

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

    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., 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), and (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.
    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 seismic design of the building project and the seismic factor for 
the building location.

    Dated: December 1, 2000.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 00-31296 Filed 12-7-00; 8:45 am]
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