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

47101 

Vol. 73, No. 157 

Wednesday, August 13, 2008 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Part 1730 

RIN 0572–AC07 

Interconnection of Distributed 

Resources 

AGENCY: Rural Utilities Service, USDA. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Rural Utilities Service, an 

agency delivering the U.S. Department 

of Agriculture’s Rural Development 

Utilities Programs (Rural Development 

and/or Agency) proposes to require that 

Rural Development Electric Program 

borrowers will be responsible for 

establishing and maintaining a written 

standard policy relating to the 

Interconnection of Distributed 

Resources (IDR). The intended effect is 

that owners of distributed resources 

know what they have to do to connect 

their facilities to the electric power 

systems of borrower electric 

cooperatives. 

DATES: Written comments must be 

received by Rural Development Utilities 

Programs no later than October 14, 

2008. 

ADDRESSES: Submit 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 dropdown 

menu, then click on ‘‘Submit.’’ In the 

Docket ID column, select RUS–08– 

Electric–0001 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 

Michele Brooks, Director, Program 

Development and Regulatory Analysis, 

USDA Rural Development, 1400 

Independence Avenue, SW., STOP 

1522, Room 5159, Washington, DC 

20250–1522. Please state that your 

comment refers to Docket No. RUS–06– 

Agency–0052. 

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: 

Georg Shultz, USDA—Rural 

Development Utilities Programs, 1400 

Independence Avenue, SW., 

Washington, DC 20250–1569, telephone 

(202) 720–1900 or e-mail to 

Georg.Shultz@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This proposed 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. 

Catalog of Federal Domestic Assistance 

The program described by this 

proposed rule is listed in the Catalog of 

Federal Domestic Assistance Programs 

under number 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 or 

at http://www.cfda.gov. 

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. See the final rule related 

notice entitled, ‘‘Department Programs 

and Activities Excluded from Executive 

Order 12372’’ (50 FR 47034). 

Information Collection and 

Recordkeeping Requirements 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), comments are invited on 

this information collection for which 

the Agency intends to request approval 

from the Office of Management and 

Budget (OMB). 

Comments on this notice must be 

received by October 14, 2008. 

Comments are invited on (a) whether 

the collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information will have 

practical utility; (b) the accuracy of the 

agency’s estimate of burden including 

the validity of the methodology and 

assumption used; (c) ways to enhance 

the quality, utility and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques on 

other forms or information technology. 

Comments may be sent to Michele 

Brooks, Director, Program Development 

and Regulatory Analysis, Rural 

Development, U.S. Department of 

Agriculture, 1400 Independence 

Avenue, SW., Stop 1522, Room 5166 

South Building, Washington, DC 20250. 

Title: 7 CFR part 1730, 

Interconnection of Distributed 

Resources. 

OMB Control No.: 0572–XXXX. 

Type of Request: New information 

collection. 

Abstract: The Agency manages loan 

programs in accordance with the Rural 

Electrification Act of 1936, 7 U.S.C. 901 

et seq., as amended (RE Act). 

Distributed resources have become an 

important addition to the nation’s 

energy supply. However often times the 

owners of distributed resources have a 

difficult time connecting their 

distributed resources to the electric 

power system of rural electric 

cooperatives. This regulation will 

facilitate the Interconnection of 

Distributed Resources (IDR) by requiring 

that borrower electric cooperatives 

publish their requirements for this 

interconnection in a written document 

that is available to the public. 

Title 7 CFR part 1730 Electric System 

and Maintenance, subpart C 

Interconnection of Distributed 

Resources, establishes a requirement for 

borrowers to develop a written standard 

policy relating to the IDR having an 

installed capacity of not more than 10 

megavolt amperes (MVA) at the point of 

common coupling. 

Estimate of Burden: Public reporting 

burden for this collection of information 


hsrobinson on PROD1PC76 with PROPOSALS
47102 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules 

is estimated to average 1⁄2 hour per 

response. 

Respondents: Not for profit 

organizations, business or other for 

profit. 

Estimated Number of Respondents: 

150. 

Estimated Number of Responses per 

Respondent: 1. 

Estimated Annual Responses: 150. 

Estimated Total Annual Burden on 

Respondents: 75 hours. 

Copies of this information collection 

can be obtained from Joyce McNeil, 

Program Development and Regulatory 

Analysis. Telephone: 202 720–0812. 

All responses to this information 

collection and recordkeeping notice will 

be summarized and included in the 

request for OMB approval. All 

comments will also become a matter of 

public record. 

National Environmental Policy Act 

Certification 

The Agency 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. 

Regulatory Flexibility Act Certification 

It has been determined that the 

Regulatory Flexibility Act is not 

applicable to this proposed rule since 

the Agency is not required by 5 U.S.C. 

551 et seq. or any other provision of law 

to publish a notice of proposed 

rulemaking with respect to the subject 

matter of this rule. 

Unfunded Mandates 

This rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the Unfunded 

Mandates Reform Act of 1995) for State, 

local, and tribal governments for the 

private sector. Thus, this rule is not 

subject to the requirements of section 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. The Agency has 

determined that this proposed rule 

meets the applicable standards in 

section 3 of the Executive Order. 

Background 

Rural Development Utilities Programs 

proposes to amend 7 CFR part 1730 by 

adding a subpart C titled 

‘‘Interconnection of Distributed 

Resources’’. This rule will require that 

Rural Development Electric Program 

borrowers shall be responsible for 

establishing and maintaining a written 

standard policy relating to the 

interconnection of distributed resources 

(IDR). This rule will allow owners of 

distributed resources to ascertain the 

requirements of borrower electric 

cooperatives regarding connection to the 

electric cooperative facilities by 

referring to written borrower standards 

for IDR. 

This proposed rule is needed because 

currently the owners of distributed 

resources often do not know what they 

must do to connect their facilities to the 

electric power system of a borrower 

electric cooperative. This proposed rule 

would benefit the owners of distributed 

resources. The purpose of this action is 

to allow the owners of distributed 

resources to know exactly what they 

must do to connect their facilities with 

the electric power systems of borrower 

electric cooperatives. 

The United States electric power 

system (electric power system) consists 

of three distinct components: 

Generation facilities, transmission 

facilities (including bulk transmission 

and subtransmission facilities) and 

distribution facilities. Specific 

definitions of generation, transmission 

and distribution facilities are located at 

7 CFR 1710.2. 

Rural Development Electric Program 

borrowers have always had a legal 

obligation to the Agency to maintain 

their respective systems. In satisfying 

these legal obligations, a borrower 

furthers the purposes of the Rural 

Electrification Act of 1936, as amended 

(7 U.S.C. 901 et seq.) while also 

preserving the value of its system to 

serve as collateral for repayment of the 

Agency assistance. Generally speaking, 

the scope of these legal obligations is 

frequently measured against prudent 

utility practices (PUP). Thus, it is 

entirely appropriate for the Agency to 

expect that its borrowers will be aware 

of and follow developing IDR standards 

using PUP. Voluntary standards using 

PUP are emerging within the private 

sector and the requirements of this 

proposed rule are consistent with those 

voluntary standards. 

This rule refers to an international 

standard published by the Institute of 

Electrical and Electronic Engineers 

(IEEE). It also allows individual 

borrowers to create their own additional 

technical requirements to meet local 

conditions that are consistent with PUP. 

The regulation applies to IDR having an 

installed capacity of not more than 10 

megavolt amperes (MVA). This specific 

value was chosen to correspond with 

the international standard published by 

IEEE. 

This regulation requires liability 

insurance for distributed resource 

facilities that are interconnected to 

borrowers’ electric systems. Current 

federal regulations do not specify the 

amount of liability insurance required 

except when the distributed resource 

facility is owned by a Rural 

Development Electric Program 

borrower, contractor, engineer, or 

architect. Moreover, the Agency expects 

that borrower ownership of distributed 

resources will be uncommon. 

Comments are specifically requested on 

this issue, in particular, whether the 

regulation should specify a minimum 

amount of liability insurance, and if so, 

what minimum amount should be 

required. 

List of Subjects 

Electric power; Loan program— 

energy; Reporting and recordkeeping 

requirements; Rural areas. 

For reasons set forth in the preamble, 

the Agency proposes to amend 7 CFR, 

Chapter XVII, part 1730 by adding 

subpart C to read as follows: 

PART 1730—ELECTRIC SYSTEM 

OPERATIONS AND MAINTENANCE 

1. The authority citation for part 1730 

continues to read as follows: 

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

seq., 6941 et seq. 

2. Add Subpart C to read as follows: 

Subpart C—Interconnection of 

Distributed Resources 

Sec. 

1730.60 General. 

1730.61 Policy. 

1730.62 Definitions. 

1730.63 IDR policy criteria. 

1730.64 Power purchase agreements. 

1730.65 Effective dates. 

1730.66 Administrative waiver. 

1730.67–99 [Reserved] 

Subpart C—Interconnection of 

Distributed Resources 

§ 1730.60 General. 

Each electric program distribution 

borrower (as defined in § 1710.2) is 

responsible for establishing and 

maintaining a written standard policy 

relating to the Interconnection of 

Distributed Resources (IDR) having an 

installed capacity of not more than 10 

megavolt amperes (MVA) at the point of 

common coupling. 

§ 1730.61 Policy. 

The Distributed Resource facility 

must not cause significant degradation 


hsrobinson on PROD1PC76 with PROPOSALS
Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules 47103 

of the safety, power quality, or 

reliability on the borrower’s electric 

power system or other electric power 

systems interconnected to the 

borrower’s electric power system. The 

Agency encourages borrowers to 

consider model policy templates 

developed by knowledgeable and expert 

institutions, such as, but not limited to, 

the National Association of Regulatory 

Utility Commissioners, the Federal 

Energy Regulatory Commission and the 

National Rural Electric Cooperative 

Association. The Agency encourages all 

related electric borrowers to cooperate 

in the development of a common 

Distributed Resource policy. 

§ 1730.62 Definitions. 

‘‘Distributed Resources’’ as used in 

this subpart means sources of electric 

power that are not directly connected to 

a bulk power transmission system, 

having an installed capacity of not more 

than 10 MVA, connected to the 

borrower’s electric power system 

through a point of common coupling. 

Distributed resources include both 

generators and energy storage 

technologies. 

‘‘Responsible Party’’ as used in this 

subpart means the owner, operator or 

any other person or entity that is 

accountable to the borrower under the 

borrower’s interconnection policy for 

Distributed Resources. 

§ 1730.63 IDR policy criteria. 

(a) General. 

(1) The borrower’s IDR policy and 

procedures shall be readily available to 

the public and include, but not limited 

to, a standard application, application 

process, application fees, and 

agreement. 

(2) All costs to be recovered from the 

applicant regarding the application 

process or the actual interconnection are 

to be clearly explained to the applicant 

and authorized by the applicant prior to 

the borrower incurring these costs. The 

borrower may require separate 

nonrefundable deposits sufficient to 

insure serious intent by the applicant 

prior to proceeding either with the 

application or actual interconnection 

process. 

(3) IDR policies must be approved by 

the borrower’s Board of Directors. 

(4) The borrower may establish a new 

rate classification for customers with 

Distributed Resources. 

(5) IDR policies must provide for 

reconsideration and updates every three 

years or more frequently as 

circumstances warrant. 

(b) Technical requirements. 

(1) IDR policies must be consistent 

with prudent electric utility practice. 

(2) IDR policies must incorporate the 

standard 1547 as promulgated and 

amended by the Institute of Electrical 

and Electronic Engineers (IEEE). The 

title of IEEE Standard 1547 is ‘‘IEEE 

Standard for Interconnecting Distributed 

Resources with Electric Power 

Systems’’. You may obtain a copy of 

IEEE Standard 1547 from: IEEE, 3 Park 

Avenue, New York, NY 10016–5997. 

(3) IDR policies must provide for 

appropriate electric power system 

disconnect facilities, as determined by 

the borrower, which shall include a 

lockable disconnect, a visible open, and 

fusing, that are readily accessible to and 

operable by authorized personnel at all 

times. 

(4) IDR policies must provide for 

borrower access to the Distributed 

Resources facility during normal 

business hours and all emergency 

situations. 

(c) Responsible party obligations. IDR 

policies must provide for appropriate 

Responsible Parties to assume the 

following risks and responsibilities: 

(1) A Responsible Party must agree to 

maintain appropriate liability insurance 

as outlined in the borrower’s 

interconnection policy. 

(2) A Responsible Party must be 

responsible for the Distributed 

Resources compliance with all national, 

State, local government requirements 

and electric utility standards for the 

safety of the public and personnel 

responsible for utility electric power 

system operations, maintenance and 

repair. 

(3) A Responsible Party must be 

responsible for the safe and effective 

operation and maintenance of the 

facility. 

(4) Only Responsible Parties may 

apply for interconnection and the 

Responsible Party must demonstrate the 

financial and managerial capability to 

develop, construct and operate the 

distributed resources. 

§ 1730.64 Power purchase agreements. 

Nothing in this subpart requires the 

borrower to enter into purchase power 

arrangements with the owner of the 

Distributed Resources. 

§ 1730.65 Effective dates. 

(a) Each electric program borrower 

with an approved electric program loan 

as of [DATE OF PUBLICATION OF THE 

FINAL RULE] shall have an IDR policy 

board approved and in effect no later 

than [DATE 2 YEARS FROM DATE OF 

PUBLICATION OF THE FINAL RULE]. 

(b) An electric program borrower that 

submits an application to the Agency for 

financial assistance on or after [DATE 2 

YEARS FROM DATE OF PUBLICATION 

OF THE FINAL RULE] shall include 

with its application package a letter of 

certification executed by the General 

Manager that the borrower meets the 

requirements of this subpart. 

§ 1730.66 Administrative waiver. 

The Administrator may waive in all or 

part, for good cause, the requirements 

and procedures of this subpart. 

§§ 1730.67–1730.99 [Reserved] 

Dated: July 11, 2008. 

James M. Andrew, 

Administrator, Rural Utilities Service. 

[FR Doc. E8–18800 Filed 8–12–08; 8:45 am] 

BILLING CODE 3410–15–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 404 

[Docket No. SSA–2008–0016] 

RIN 0960–AG20 

Revised Medical Criteria for Evaluating 

Hearing Loss 

AGENCY: Social Security Administration. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We propose to revise the 

criteria in the Listing of Impairments 

(the listings) that we use to evaluate 

claims involving hearing loss. We apply 

these criteria when you claim benefits 

based on disability under title II and 

title XVI of the Social Security Act (the 

Act). The proposed revisions reflect 

current medical knowledge, treatment, 

and methods of evaluating hearing loss, 

as well as our adjudicative experience 

since the publication of the current 

rules. 

DATES: To be sure that your comments 

are considered, we must receive them 

by October 14, 2008. 

ADDRESSES: You may submit comments 

by any one of four methods—Internet, 

facsimile, regular mail, or handdelivery. Commenters should not 

submit the same comments multiple 

times or by more than one method. 

Regardless of which of the following 

methods you choose, please state that 

your comments refer to Docket No. 

SSA–2008–0016 to ensure that we can 

associate your comments with the 

correct regulation: 

1. Federal eRulemaking portal at 

http://www.regulations.gov. (This is the 

most expedient method for submitting 

your comments, and we strongly urge 

you to use it.) In the Comment or 

Submission section of the webpage, type 

‘‘SSA–2008–0016,’’ select ‘‘Go,’’ and 

then click ‘‘Send a Comment or 


hsrobinson on PROD1PC76 with PROPOSALS