This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

18544

Vol. 62, No. 73

Wednesday, April 16, 1997

DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1730

RIN 0572—AA74

Electric System Operations and

Maintenance

AGENCY: Rural Utilities Service, USDA.

ACTION: Proposed rule.

SUMMARY: The Rural Utilities Service

(RUS), successor to the Rural

Electrification Administration (REA),

proposes to amend its regulations by

adding a new part concerning electric

system operations and maintenance.

These new regulations would codify

and clarify RUS policy relating to the

operations and maintenance of electric

systems by RUS electric borrowers. Also

included is RUS policy relating to the

review and evaluation of borrowers’

electric systems and facilities operations

and maintenance practices. These

policies are presently contained in RUS/

REA Bulletin 161–5, which will be

rescinded when the final rule becomes

effective. This proposed action is

intended to clarify the policies,

procedures, and requirements, facilitate

understanding and compliance, and

improve program effectiveness with

respect to electric system operations and

maintenance.

DATES: Written comments must be

received by RUS, or bear a postmark or

equivalent, no later than June 16, 1997.

ADDRESSES: Submit written comments

to George J. Bagnall, Director, Electric

Staff Division, Rural Utilities Service,

U.S. Department of Agriculture, Stop

1569, 1400 Independence Ave, SW.,

Washington, DC 20250–1569. RUS

requires a signed original and 3 copies

of all comments (§ 1700.30(e)).

Comments will be made available for

public inspection at room 4034 South

Building between 8:30 a.m. and 5 p.m.

on official work days (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: Mr.

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.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This proposed 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).

Regulatory Flexibility Act Certification

The Administrator of RUS has

determined that a rule relating to the

RUS electric loan program is not a rule

as defined in the Regulatory Flexibility

Act (5 U.S.C. et seq.), and therefore, the

Regulatory Flexibility Act does not

apply to this proposed rule.

Information Collection and

Recordkeeping Requirements

The recordkeeping and reporting

burdens contained in this rule were

approved by OMB pursuant to the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35, as amended) under

control number 0572–0025.

National Environmental Policy Act

Certification

The Administrator 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 program described by this

proposed 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, telephone (202)

512–1800.

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 officials. A Notice of Final Rule

entitled Department Programs and

Activities Excluded from Executive

Order 12372 (50 FR 47034) exempts

RUS loans and loan guarantees from

coverage under this order.

National Performance Review

This regulatory action is being taken

as part of the National Performance

Review program to eliminate

unnecessary regulations and improve

those that remain in force.

Executive Order 12988

This proposed rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. RUS has determined

that this proposed rule meets the

applicable standards in Section 3 of the

Executive Order.

Background

RUS has promulgated policies and

procedures regarding the review and

evaluation of the operations and

maintenance practices of RUS financed

electric systems. These policies and

procedures are presently contained in

RUS/REA Bulletin 161–5, Electric

System Review and Evaluation. The

mortgage and loan contract between

RUS and electric borrowers set certain

standards for the operation and

maintenance of each borrower’s electric

system. The purpose of this proposed

rule is to implement the operations and

maintenance provisions of the mortgage

and loan contract between RUS and

electric borrowers and to consolidate

and clarify RUS policies and procedures

with respect to electric system

operations and maintenance. Most of

the provisions of this proposed rule

represent policies and requirements that

have been in effect for some time,

whereas other provisions are an explicit

statement of policies and procedures

that formerly were implicit. One new

provision will expand the requirement

for electric system review and

evaluation to include power supply

borrowers in addition to the distribution

borrowers presently covered by Bulletin

161–5. Proper operation and

maintenance practices are equally

significant for power supply borrowers,

so RUS believes that power supply

borrowers’ operation and maintenance

practices should be covered under the

review and evaluation requirements of

this rule. RUS Form 300, Review Rating

Summary, has also been updated and
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules 18545

revised based on RUS’ experience using

this form.

List of Subjects in 7 CFR Part 1730

Electric power, Loan programs—

energy, Reporting and recordkeeping

requirements, Rural areas.

In view of the above, RUS proposes to

amend 7 CFR chapter XVII by adding

part 1730 to read as follows:

PART 1730—ELECTRIC SYSTEM

OPERATIONS AND MAINTENANCE

Subpart A—General

Sec.

1730.1 Introduction.

1730.2 RUS policy.

1730.3 RUS addresses.

1730.4 Definitions

1730.5–1730.19 [Reserved]

Subpart B—Operations and Maintenance

Requirements

1730.20 General.

1730.21 Inspections and tests.

1730.22 Borrower analysis.

1730.23 Review rating summary, RUS Form

300.

1730.24 RUS review and evaluation.

1730.25 Corrective action.

1730.26 Engineer’s certification.

1730.27–1730.99 [Reserved]

Appendix A to Subpart B of Part 1730—

Review Rating Summary, RUS Form 300

Authority: 7 U.S.C. 901 et seq., 1921 et

seq., 6941 et seq.

Subpart A—General

§ 1730.1 Introduction.

(a) This part contains the policies and

procedures of the Rural Utilities Service

(RUS) related to electric borrowers’

operation and maintenance practices

and RUS’ review and evaluation thereof.

(b) The policies and procedures

included in this part apply to all electric

borrowers (both distribution borrowers

and power supply borrowers) and are

intended to clarify and implement

certain provisions of the mortgage and

loan contract between RUS and electric

borrowers regarding operations and

maintenance. This part is not intended

to waive or supersede any provisions of

the mortgage and loan contract between

RUS and electric borrowers.

(c) The Administrator may waive, for

good cause on a case by case basis,

certain requirements and procedures of

this part.

§ 1730.2 RUS policy.

It is RUS policy to require that all

borrower property be operated and

maintained properly in accordance with

the requirements of the loan documents.

It is also RUS policy to provide financial

assistance only to borrowers whose

operations and maintenance practices

and records are satisfactory or to those

who are taking corrective actions

expected to make their operations and

maintenance practices and records

satisfactory to RUS.

§ 1730.3 RUS addresses.

(a) Persons wishing to obtain forms

referred to in this part should contact:

Rural Utilities Service, U.S. Department

of Agriculture, Stop 1522, 1400

Independence Ave, SW, Washington,

DC 20250–1533, telephone (202) 720–

8674. Borrowers or others may

reproduce any of these forms in any

number required.

(b) Documents required to be

submitted to RUS under this part are to

be sent to the office of the borrower’s

assigned RUS General Field

Representative (GFR) or such other

office as designated by RUS.

§ 1730.4 Definitions.

Terms used in this part have the

meanings set forth in 7 CFR part 1710.2.

References to specific RUS forms and

other RUS documents, and to specific

sections or lines of such forms and

documents, shall include the

corresponding forms, documents,

sections and lines in any subsequent

revisions of these forms and documents.

In addition to the terms defined in 7

CFR part 1710.2, the term Prudent

Utility Practice has the meaning set

forth in Article 1, Section 1.01 of

appendix A to subpart B of 7 CFR part

1718—Model Form of Mortgage for

Electric Distribution Borrowers, for the

purposes of this part.

§§ 1730.5–1730.19 [Reserved]

Subpart B—Operations and

Maintenance Requirements

§ 1730.20 General.

Each distribution borrower and power

supply borrower must operate and

maintain its system in compliance with

Prudent Utility Practice, in compliance

with its loan documents, and in

compliance with all applicable laws,

regulations and orders, must maintain

its systems in good repair, working

order and condition, and must make all

needed repairs, renewals, replacements,

alterations, additions, betterments and

improvements, in accordance with

applicable provisions of the borrower’s

mortgage. Each borrower is responsible

for on-going operations and

maintenance programs, for maintaining

records of the physical and electrical

condition of its electric system and for

the quality of services provided to its

customers. The borrower is also

responsible for all necessary inspections

and tests of the component parts of its

system, and for maintaining records of

such inspections and tests. Each

borrower must budget sufficient

resources to operate and maintain its

system in accordance with the

requirements of this part.

§ 1730.21 Inspections and tests.

(a) Each borrower shall conduct all

necessary inspections and tests of the

component parts of its electric system,

and maintain adequate records of such

inspections and tests.

(b) The frequency of inspection and

testing will be determined by the

borrower in conformance with

applicable laws, regulations, national

standards, manufacturer’s

recommendations, and Prudent Utility

Practice. The frequency of inspection

and testing will be determined giving

due consideration to the type of

facilities or equipment, age, operating

environment and hazards to which the

facilities are exposed, consequences of

failure, and results of previous

inspections and tests. The records of

such inspections and tests will be

retained in accordance with applicable

legal requirements and Prudent Utility

Practice. The retention period will be

sufficient to identify long-term trends.

Records must be retained at least until

the applicable inspections or tests are

repeated.

(c) Inspections of facilities must

include a determination of the facility’s

compliance with the National Electrical

Safety Code, National Electrical Code,

and applicable local regulations. Any

serious or life-threatening deficiencies

must be promptly repaired,

disconnected, or isolated in accordance

with applicable codes or regulations.

Any other deficiencies found as a result

of such inspections and tests are to be

recorded and those records are to be

maintained until such deficiencies are

corrected or for the retention period

required by paragraph (b) of this section,

whichever is longer.

§ 1730.22 Borrower analysis.

(a) Each borrower must periodically

analyze its operations and maintenance

policies, practices, and procedures to

determine if they are appropriate and if

they are being followed. The records of

inspections and tests are also to be

analyzed to identify any trends which

could indicate deterioration in the

physical condition or the operational

effectiveness of the system or suggest a

need for changes in operations or

maintenance practices.

(b) When a borrower’s operations and

maintenance policies, practices, and

procedures are to be reviewed and

evaluated by RUS, the borrower shall:
18546 Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules

(1) Conduct the analysis required by

paragraph (a) of this section not more

than 90 days prior to the scheduled RUS

review;

(2) Complete RUS Form 300, Review

Rating Summary, and other related

forms, prior to RUS’ review and

evaluation; and

(3) Make available to RUS the

borrower’s completed RUS Form 300

(including a written explanation of the

basis for each rating) and records related

to the operations and maintenance of

the borrower’s system.

(c) For those facilities not included on

the RUS Form 300 (e.g., generating

plants), the borrower shall prepare and

complete an appropriate supplemental

form for such facilities.

§ 1730.23 Review rating summary, RUS

Form 300.

RUS Form 300 in appendix A shall be

used when required by this part.

§ 1730.24 RUS review and evaluation.

RUS will initiate and conduct a

periodic review and evaluation of the

operations and maintenance practices of

each borrower for the purpose of

assessing loan security and determining

borrower compliance with RUS policy

as outlined in this part. This review will

normally be done at least once every

three years. The borrower will make

available to RUS the borrower’s policies,

procedures, and records related to the

operations and maintenance of its

system. RUS may inspect facilities as

well as records, and may also observe

construction and maintenance work in

the field. Key borrower personnel

responsible for the facilities being

inspected are to accompany RUS during

such inspections, unless otherwise

determined by RUS. RUS personnel may

prepare an independent summary of the

operations and maintenance practices of

the borrower.

§ 1730.25 Corrective action.

(a) For any items on the RUS Form

300 rated unsatisfactory (i.e., 0 or 1) by

the borrower or by RUS, the borrower

must prepare a corrective action plan

(CAP) outlining the steps (both short

term and long term) the borrower will

take to improve existing conditions and

to maintain an acceptable rating. The

CAP must include a time schedule and

cost estimate for corrective actions, and

must be approved by the borrower’s

Board of Directors. The CAP must be

submitted to RUS for approval within

90 days after the completion of RUS’

evaluation noted in § 1730.24.

(b) The borrower must periodically

report to RUS progress under the CAP.

This report must be submitted to RUS

every six months until all unsatisfactory

items are corrected unless RUS

prescribes a different reporting

schedule.

§ 1730.26 Engineer’s certification.

Where provided for in the borrower’s

loan documents, RUS may require the

borrower to provide an ‘‘Engineer’s

Certification’’ as to the condition of the

borrower’s system (including, but not

limited to, all mortgaged property.)

Such certification shall be in form and

substance satisfactory to RUS and shall

be prepared by a professional engineer

satisfactory to RUS. If RUS determines

that the Engineer’s Certification

discloses a need for improvements to

the condition of its system or any other

operations of the borrower, the borrower

shall, upon notification by RUS,

promptly undertake to accomplish such

improvements.

§§ 1730.27—1730.99 [Reserved].

Appendix A to Subpart B of Part 1730—

Review Rating Summary, RUS Form 300

Borrower Designation ll

Date Prepared ll

Ratings on form are:

0: Unsatisfactory—no records

1: Unsatisfactory—corrective action needed

2: Acceptable, but should be improved—see

attached recommendations

3: Satisfactory—no additional action required

at this time

N/A: Not applicable

Part I—Transmission and Distribution

Facilities

1. Substations (Transmission and

Distribution)

a. Safety, Clearance, Code Compliance

Rating: ll

b. Physical Condition: Structure, Major

Equipment, Appearance Rating: ll

c. Inspection Records Each Substation Rating:

ll

d. Oil Spill Prevention Rating: ll

2. Transmission Lines

a. Right-of-Way: Clearing, Erosion,

Appearance, Intrusions Rating: ll

b. Physical Condition: Structure, Conductor,

Guying Rating: ll

c. Inspection Program and Records Rating:

ll

3. Distribution Lines—Overhead

a. Inspection Program and Records Rating:

ll

b. Compliance with Safety Codes: Clearances

Rating: ll

Compliance with Safety Codes: Foreign

Structures Rating: ll

Compliance with Safety Codes: Attachments

Rating: ll

c. Observed Physical Condition from Field

Checking: Right-of-Way Rating: ll

Observed Physical Condition from Field

Checking: Other Rating: ll

4. Distribution—Underground Cable

a. Grounding and Corrosion Control Rating:

ll

b. Surface Grading, Appearance Rating: ll

c. Riser Poles: Hazards, Guying, Condition

Rating: ll

5. Distribution Line Equipment: Conditions

and Records

a. Voltage Regulators Rating: ll

b. Sectionalizing Equipment Rating: ll

c. Distribution Transformers Rating:ll

d. Pad Mounted Equipment—Safety: Locking,

Dead Front, Barriers Rating:ll

Pad Mounted Equipment—Appearance:

Settlement, Condition Rating:ll

e. Kilowatt-hour and Demand Meter Reading

and Testing Rating:ll

Part II—Operation and Maintenance

6. Line Maintenance and Work Order

Procedures

a. Work Planning and Scheduling Rating:ll

b. Work Backlogs: Right-of-Way Maintenance

Rating:ll

Work Backlogs: Poles Rating:ll

Work Backlogs: Retirement of Idle Services

Rating:ll

Work Backlogs: Other Rating:ll

7. Service Interruptions

a. Average Annual Hours/Consumer by Cause

(Complete for each of the previous 5

years)

1. Power Supplier ll

2. Major Storm ll

3. Scheduled ll

4. All Other ll

5. Total ll

Rating:ll

b. Emergency Restoration Plan Rating:ll

8. Power Quality

General Freedom from Complaints

Rating:ll

9. Loading and Load Balance

a. Distribution Transformer Loading

Rating:ll

b. Load Control Apparatus Rating:ll

c. Substation and Feeder Loading Rating:ll

10. Maps and Plant Records

a. Operating Maps: Accurate and Up-to-Date

Rating:ll

b. Circuit Diagrams Rating:ll

c. Staking Sheets Rating:ll

Part III—Engineering

11. System Load Conditions and Losses

a. Annual System Loses, ll % Rating:ll

b. Annual Load Factor, ll % Rating:ll

c. Power Factor at Monthly Peak, ll %

Rating: ll

d. Ratio of Individual Substation Peak kW to

kVA, ll Rating:ll

12. Voltage Conditions

a. Voltage Surveys Rating:ll

b. Substation Transformer Output Voltage

Spread Rating:ll

13. Load Studies and Planning

a. Long Range Engineering Plan Rating:ll

b. Construction Work Plan Rating:ll

c. Sectionalizing Study Rating:ll
Federal Register / Vol. 62, No. 73 / Wednesday, April 16, 1997 / Proposed Rules 18547

d. Load Data for Engineering Studies

Rating:ll

e. Power Requirements Data Rating:ll

Part IV—Operation and Maintenance

Budgets

For Previous 2 Years:

Normal Operation—Actual $ll

Normal Maintenance—Actual $ll

Total—Actual $ll

For Present Year:

Normal Operation

Budget $ll

Staff Hours ll

Normal Maintenance

Budget $ll

Staff Hours ll

Total

Budget $ll

Staff Hours ll

For Future 3 Years:

Normal Operation

Budget $ll

Staff Hours ll

Normal Maintenance

Budget $ll

Staff Hours ll

Additional (Deferred) Maintenance

Budget $ll

Staff Hours ll

Total

Budget $ll

Staff Hours ll

14. Budgeting

Adequacy of Budgets For Needed Work

Rating:ll

15. Date Discussed with Board of Directors

ll

Remarks: ll

Explanatory Notes

Item No. ll

Comments ll

Rated by ll

Title ll

Date ll

Reviewed by ll

Manager ll

Date ll

Reviewed by ll

RUS GFR ll

Date ll

Dated: April 10, 1997.

Jill Long Thompson,

Under Secretary, Rural Development.

[FR Doc. 97–9849 Filed 4–15–97; 8:45 am]

BILLING CODE 3410–15–P

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024–AB99

Glacier Bay National Park, Alaska;

Commercial Fishing Regulations

AGENCY: National Park Service, Interior.

ACTION: Proposed rule; withdrawal of

earlier proposed rule.

SUMMARY: The National Park Service

(NPS) proposes this rule to provide the

legal basis for reinitiating public

discussion in order to arrive at a prompt

final resolution of the longstanding

controversy concerning commercial

fishing activities in Glacier Bay National

Park (NP) by the end of 1997. In

addition to seeking comments, NPS

expects during the comment period to

continue discussions on the record with

interested parties including the State of

Alaska.

The proposed rule, intended to

provide a framework for enhanced

review and comment by all interested

parties, would implement fair measures

to ensure protection of the values and

purposes of Glacier Bay NP, including

the preservation, enjoyment, and

scientific value of the park’s unique

marine ecosystem. In general, the

proposed rule would prohibit all

commercial fishing in Glacier Bay

proper but provide certain limited

exemptions over a 15 year phase-out

period, and authorize established

commercial fishing in the park’s marine

waters outside Glacier Bay proper

subject to reexamination at the end of 15

years.

To authorize the specific commercial

fishing activities, the proposed rule

would provide specific exemptions for

Glacier Bay NP from the nationwide

prohibition on such activities in units of

the National Park System. For the

phase-out in Glacier Bay proper, the

proposed rule would exempt qualifying

commercial fishermen who can

demonstrate a reasonable history of

participation in a specific fishery to

continue fishing for a limited period of

time on a seasonal basis. For the marine

waters outside Glacier Bay proper, the

proposed rule would generally exempt

existing commercial fishing activities

under a Federal-State cooperative

management program consistent with

protection of park resource values.

With respect to designated wilderness

waters in Glacier Bay NP, since the

Wilderness Act prohibits this kind of

commercial enterprise in designated

wilderness, commercial fishing

activities must cease in these areas.

However, certain crab fishermen

essential to an existing multi-agency

research project in the Beardslee Islands

area may be authorized to take crab in

the locations specified by the research

project for the remaining five to seven

years of the project pursuant to a

‘‘research project’’ special use permit.

NPS has previously determined that this

research project is consistent with, and

is likely to produce significant benefits

for, wilderness resource management.

The proposed rule would not address

legislatively authorized commercial

fishing and related activities in the Dry

Bay area of Glacier Bay National

Preserve.

This proposed rule supersedes and

withdraws a previously proposed

rulemaking on this subject published on

August 5, 1991 (56 FR 37262).

DATES: Written comments postmarked

on or before October 15, 1997, will be

accepted. For information on public

meetings and discussion sessions, see

Public Participation at the end of

SUPPLEMENTARY INFORMATION:

ADDRESSES: Comments should be

directed to James M. Brady,

Superintendent, Glacier Bay National

Park and Preserve, P.O. Box 140,

Gustavus, Alaska 99826.

FOR FURTHER INFORMATION CONTACT:

James M. Brady, Superintendent,

National Park Service, Glacier Bay

National Park and Preserve, P.O. Box

140, Gustavus, Alaska, 99827,

telephone: (907) 697–2230.

SUPPLEMENTARY INFORMATION:

Background

Establishment of Glacier Bay National

Park and Preserve

Glacier Bay National Monument was

established by presidential

proclamation dated February 26, 1925.

43 Stat. 1988. The monument was

established to protect a number of

tidewater and other glaciers, and a

variety of post glacial forest and other

vegetative covering, and also to provide

opportunities for scientific study of

glacial activity and post glacial

biological succession. The early

monument included marine waters

within Glacier Bay north of a line

running approximately from Geikie Inlet

on the west side of the bay to the

northern extent of the Beardslee Islands

on the east side of the bay. The

monument was expanded by a second

presidential proclamation on April 18,

1939. 53 Stat. 2534. The expanded

monument included additional lands

and marine waters consisting of all of

Glacier Bay; portions of Cross Sound,

North Inian Pass, North Passage, Icy

Passage, and Excursion Inlet; and

Pacific coastal waters to a distance of

three miles seaward between Cape

Spencer to the south and Sea Otter

Creek, north of Cape Fairweather.

Glacier Bay National Monument was

redesignated as Glacier Bay National

Park and Preserve and enlarged in 1980

by the Alaska National Interest Lands

Conservation Act (ANILCA). 16 U.S.C.