32406 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 

IMPORT ASSESSMENT TABLE— 

Continued 

[Raw cotton fiber] 

HTS No. Conv. fact. Cents/pkg. 

6204699044 0 .249 0.2709 

6204699046 0 .249 0.2709 

6204699050 0 .249 0.2709 

6205202016 0 .9961 1.0838 

6205202021 0 .9961 1.0838 

6205202026 0 .9961 1.0838 

6205202031 0 .9961 1.0838 

6205202036 1 .1206 1.2192 

6205202047 0 .9961 1.0838 

6205202051 0 .9961 1.0838 

6205202061 0 .9961 1.0838 

6205202066 0 .9961 1.0838 

6205202071 0 .9961 1.0838 

6205202076 0 .9961 1.0838 

6205302010 0 .3113 0.3387 

6205302030 0 .3113 0.3387 

6205302040 0 .3113 0.3387 

6205302050 0 .3113 0.3387 

6205302080 0 .3113 0.3387 

6206100040 0 .1245 0.1355 

6206303011 0 .9961 1.0838 

6206303021 0 .9961 1.0838 

6206303031 0 .9961 1.0838 

6206303041 0 .9961 1.0838 

6206303051 0 .9961 1.0838 

6206303061 0 .9961 1.0838 

6206403010 0 .3113 0.3387 

6206403030 0 .3113 0.3387 

6206900040 0 .249 0.2709 

6207110000 1 .0852 1.1807 

6207199010 0 .3617 0.3935 

6207210030 1 .1085 1.2060 

6207220000 0 .3695 0.4020 

6207911000 1 .1455 1.2463 

6207913010 1 .1455 1.2463 

6207913020 1 .1455 1.2463 

6208210010 1 .0583 1.1514 

6208210020 1 .0583 1.1514 

6208220000 0 .1245 0.1355 

6208911010 1 .1455 1.2463 

6208911020 1 .1455 1.2463 

6208913010 1 .1455 1.2463 

6209201000 1 .1577 1.2596 

6209203000 0 .9749 1.0607 

6209205030 0 .9749 1.0607 

6209205035 0 .9749 1.0607 

6209205040 1 .2186 1.3258 

6209205045 0 .9749 1.0607 

6209205050 0 .9749 1.0607 

6209303020 0 .2463 0.2680 

6209303040 0 .2463 0.2680 

6210109010 0 .2291 0.2493 

6210403000 0 .0391 0.0425 

6210405020 0 .4556 0.4957 

6211111010 0 .1273 0.1385 

6211111020 0 .1273 0.1385 

6211118010 1 .1455 1.2463 

6211118020 1 .1455 1.2463 

6211320007 0 .8461 0.9206 

6211320010 1 .0413 1.1329 

6211320015 1 .0413 1.1329 

6211320030 0 .9763 1.0622 

6211320060 0 .9763 1.0622 

6211320070 0 .9763 1.0622 

6211330010 0 .3254 0.3540 

6211330030 0 .3905 0.4249 

6211330035 0 .3905 0.4249 

6211330040 0 .3905 0.4249 

6211420010 1 .0413 1.1329 

IMPORT ASSESSMENT TABLE— 

Continued 

[Raw cotton fiber] 

HTS No. Conv. fact. Cents/pkg. 

6211420020 1 .0413 1.1329 

6211420025 1 .1715 1.2746 

6211420060 1 .0413 1.1329 

6211420070 1 .1715 1.2746 

6211430010 0 .2603 0.2832 

6211430030 0 .2603 0.2832 

6211430040 0 .2603 0.2832 

6211430050 0 .2603 0.2832 

6211430060 0 .2603 0.2832 

6211430066 0 .2603 0.2832 

6212105020 0 .2412 0.2624 

6212109010 0 .9646 1.0495 

6212109020 0 .2412 0.2624 

6212200020 0 .3014 0.3279 

6212900030 0 .1929 0.2099 

6213201000 1 .1809 1.2848 

6213202000 1 .0628 1.1563 

6213901000 0 .4724 0.5140 

6214900010 0 .9043 0.9839 

6216000800 0 .2351 0.2558 

6216001720 0 .6752 0.7346 

6216003800 1 .2058 1.3119 

6216004100 1 .2058 1.3119 

6217109510 1 .0182 1.1078 

6217109530 0 .2546 0.2770 

6301300010 0 .8766 0.9537 

6301300020 0 .8766 0.9537 

6302100005 1 .1689 1.2718 

6302100008 1 .1689 1.2718 

6302100015 1 .1689 1.2718 

6302215010 0 .8182 0.8902 

6302215020 0 .8182 0.8902 

6302217010 1 .1689 1.2718 

6302217020 1 .1689 1.2718 

6302217050 1 .1689 1.2718 

6302219010 0 .8182 0.8902 

6302219020 0 .8182 0.8902 

6302219050 0 .8182 0.8902 

6302222010 0 .4091 0.4451 

6302222020 0 .4091 0.4451 

6302313010 0 .8182 0.8902 

6302313050 1 .1689 1.2718 

6302315050 0 .8182 0.8902 

6302317010 1 .1689 1.2718 

6302317020 1 .1689 1.2718 

6302317040 1 .1689 1.2718 

6302317050 1 .1689 1.2718 

6302319010 0 .8182 0.8902 

6302319040 0 .8182 0.8902 

6302319050 0 .8182 0.8902 

6302322020 0 .4091 0.4451 

6302322040 0 .4091 0.4451 

6302402010 0 .9935 1.0809 

6302511000 0 .5844 0.6358 

6302512000 0 .8766 0.9537 

6302513000 0 .5844 0.6358 

6302514000 0 .8182 0.8902 

6302600010 1 .1689 1.2718 

6302600020 1 .052 1.1446 

6302600030 1 .052 1.1446 

6302910005 1 .052 1.1446 

6302910015 1 .1689 1.2718 

6302910025 1 .052 1.1446 

6302910035 1 .052 1.1446 

6302910045 1 .052 1.1446 

6302910050 1 .052 1.1446 

6302910060 1 .052 1.1446 

6303191100 0 .9448 1.0279 

6303910010 0 .6429 0.6995 

IMPORT ASSESSMENT TABLE— 

Continued 

[Raw cotton fiber] 

HTS No. Conv. fact. Cents/pkg. 

6303910020 0 .6429 0.6995 

6304111000 1 .0629 1.1564 

6304190500 1 .052 1.1446 

6304191000 1 .1689 1.2718 

6304191500 0 .4091 0.4451 

6304192000 0 .4091 0.4451 

6304910020 0 .9351 1.0174 

6304920000 0 .9351 1.0174 

6505901540 0 .181 0.1969 

6505902060 0 .9935 1.0809 

6505902545 0 .5844 0.6358 

* * * * * 

Dated: June 30, 2009. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–16031 Filed 7–7–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Part 1730 

RIN 0572–AC07 

Interconnection of Distributed 

Resources 

AGENCY: Rural Utilities Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Rural Utilities Service, an 

agency delivering the U.S. Department 

of Agriculture’s Rural Development 

Utilities Programs, hereinafter referred 

to as RUS, is amending its regulation to 

require electric program borrowers 

establish and maintain 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: Effective Date: August 7, 2009. 

Incorporation by reference of a certain 

publication listed in this final rule is 

approved by the Director of the Federal 

Register as of August 7, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Donald Junta, USDA—Rural 

Development Utilities Programs, 1400 

Independence Avenue, SW., 

Washington, DC 20250–1569, telephone 

(202) 720–3720 or e-mail to 

Donald.Junta@wdc.usda.gov. 

SUPPLEMENTARY INFORMATION: 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 32407 

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. 

Catalog of Federal Domestic Assistance 

The program described by this final 

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; telephone 

(202) 512–1800 or at http:// 

www.cfda.gov. 

Executive Order 12372 

This final rule is excluded from the 

scope of Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs,’’ as implemented under 

USDA’s regulations at 7 CFR part 3015. 

Executive Order 13132, Federalism 

The policies contained in this final 

rule do 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, nor does 

this direct final rule impose substantial 

direct compliance costs on State and 

local governments. Therefore, 

consultation with States is not required. 

Information Collection and 

Recordkeeping Requirements 

The information and collection and 

recordkeeping requirements contained 

in this rule have been approved by the 

Office of Management and Budget 

(OMB) in accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. chapter 35) and have been 

assigned OMB Control Number 0572– 

0141. 

National Environmental Policy Act 

Certification 

The Agency has determined that this 

final 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 

Pursuant to 5 U.S.C. 553(a)(2), this 

final rule is exempt from the rulemaking 

requirements of the Administrative 

Procedure Act (5 U.S.C. 551 et seq.), 

including the requirement to provide 

prior notice and an opportunity for 

public comment. Because this final rule 

is not subject to a requirement to 

provide prior notice and an opportunity 

for public comment pursuant to 5 U.S.C. 

553, or any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

inapplicable. 

Unfunded Mandates 

This final 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 sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. The Agency has 

determined that this final rule meets the 

applicable standards in § 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. 

Background 

On August 13, 2008, at 73 FR 47101, 

the Agency published a rulemaking 

proposing to amend 7 CFR Part 1730 by 

adding a Subpart C titled 

‘‘Interconnection of Distributed 

Resources’’. This rule will require that 

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. 

Prospective 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. 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. 

RUS borrowers have a legal obligation 

to RUS to maintain their respective 

systems. In satisfying this legal 

obligation, 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 RUS financial assistance. 

The scope of this legal obligation is 

frequently measured against prudent 

utility practices (PUP). Accordingly, 

RUS expects and this rule provides for 

borrowers to 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 final rule are 

consistent with those voluntary 

standards. 

This rule refers to a national series of 

standards 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 national series of standards 

published by IEEE. 

This regulation provides that 

borrowers may in their written 

interconnection policies require 

appropriate liability insurance for 

distributed resource facilities that are 

interconnected to borrowers’ electric 

systems. It is expected that what is 

appropriate may vary depending on the 

type and size of the IDR asset. Current 

Federal regulations do not specify the 

amount of liability insurance required 

except when the distributed resource 

facility is owned by a RUS borrower, 

contractor, engineer, or architect. 

Discussion of Comments and Changes 

RUS received 2 letters and 3 

comments electronically through the 

Federal eRulemaking Portal on this 

proposed rule by the comment deadline 

of October 14, 2008. Comments were 

received from the National Rural 

Electric Cooperative Association 

(NRECA) Transmission and Distribution 

Engineering Committee, System 


sroberts on DSKD5P82C1PROD with RULES
32408 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 

Planning Subcommittee, Keyes & Fox, 

LLP, and three individuals. 

NRECA proposed that the statement 

‘‘the Agency expects that borrower 

ownership of distributed resources will 

be uncommon’’ be deleted from the 

background section. RUS accepted this 

proposed change and deleted the 

statement. 

NRECA also proposed that 

‘‘Compliance with the State 

requirements is adequate to comply 

with the rule.’’ RUS rejected this 

proposed change because the intent of 

this rule is to facilitate the development 

of an appropriate minimum threshold of 

disclosure and uniformity in our 

borrowers’ approach to interconnection 

policies. We recognize that in some 

States the requirements may be less than 

what would otherwise be determined 

appropriate threshold requirements. To 

accept this proposed change would 

negate one of the primary expected 

benefits of this rulemaking. 

NRECA also proposed that 

‘‘Borrowers may follow their State’s 

requirements without seeking an 

individual waiver from the 

Administrator where the State 

requirements are inconsistent with the 

rule.’’ The final rule provides that where 

a State standard is higher than what is 

provided in this regulation, the higher 

standard would apply; the benefit of 

strict uniformity is not so great as to 

justify unnecessary conflict with State 

regulation in the area of IDR. Where a 

given State standard is lower, it is the 

Agency’s intent to facilitate the 

establishment of a uniform minimum 

threshold but case by case waiver 

authority is retained. 

NRECA also proposed that in the 

definitions § 1730.62, the regulation 

should only apply to installations 

‘‘directly connected to distribution 

systems,’’ instead of ‘‘not directly 

connected to a bulk power transmission 

system.’’ RUS rejected this proposed 

change because the definition used in 

the regulation is that used in the series 

of standards published by the Institute 

of Electrical and Electronics Engineers, 

Inc. (IEEE) titled ‘‘1547, Series of 

Interconnection Standards’’. 

NRECA proposed that in 

§ 1730.63(a)(2) the phrase ‘‘and the 

process to determine the costs’’ be 

added to the first sentence. RUS accepts 

this change because it allows for the fact 

that the exact cost of an interconnection 

may not be known initially; the process 

to determine the final cost will be 

explained to the applicant during the 

application stage. 

NRECA proposed that in 

§ 1730.63(a)(5) IDR policies be 

reconsidered and updated every five 

years instead of every three years. RUS 

accepted this proposed change to be 

consistent with the IEEE standard 

revision or reaffirmation schedule. 

NRECA proposed that in 

§ 1730.63(b)(2) that IEEE 1547.1 

(Standard Conformance Test Procedures 

for Equipment Interconnecting 

Distributed Resources with Electric 

Power Systems) be added to the 

requirement. RUS rejected this proposed 

change because by specifying IEEE 

1547.1 and not other IEEE 1547 

standards, RUS would not be including 

these other IEEE 1547 standards in the 

requirement. It is not the Agency’s 

intent to establish standards that 

conflict with IEEE 1547, or foster the 

development of borrower policies that 

are at odds with IEEE 1547. 

NRECA proposed that the 

requirements in § 1730.63(b)(3) 

regarding disconnect facilities (lockable 

disconnect, visible open, and fusing) be 

deleted. RUS accepted the proposed 

change that the fusing requirement be 

deleted because IEEE 1547 does not 

mention fusing in its phrase ‘‘readily 

accessible, lockable, visible-break 

isolation device.’’ However RUS 

rejected the other parts of the proposed 

change regarding deleting the lockable 

disconnect and a visible open 

requirement. This standard is 

incorporated in IEEE 1547 and to not 

include these requirements could place 

service personnel at risk. 

NRECA proposed that if the 

regulation did contain a requirement for 

a disconnect device, it should not apply 

to small inverter based installations 

meeting UL 1741 (Underwriters 

Laboratory Standard for Inverters, 

Converters, Controllers and 

Interconnection System Equipment for 

Use with Distributed Energy Resources). 

RUS rejected this proposed change. 

Were a disconnect not to be required 

service personnel would have to rely on 

a solid state device to remove the IDR 

facility from a deenergized line while 

working on the line and could be at risk 

should such devices fail. This is 

contrary to standard work rules 

requiring visible open disconnect 

devices and grounds before a line may 

be worked on as a deenergized line. 

NRECA proposed to add the phrase 

‘‘as determined by the borrower’’ to the 

liability insurance requirement in 

§ 1730.63(c)(1). RUS rejected a change 

that gave unfettered discretion to the 

borrower, in favor of an amendment that 

subjects the borrower’s discretion to an 

‘‘appropriate’’ test. We recognize that 

the amount of liability insurance that is 

appropriate may vary by industry or 

region, or size and operating 

characteristics of the IDR. 

NRECA proposed that we delete the 

§ 1730.63(c)(4) requirement that ‘‘the 

Responsible Party must demonstrate the 

financial and managerial capability to 

develop, construct and operate the 

distributed resources.’’ RUS elected to 

modify this requirement. As originally 

proposed, the entire burden falls to the 

Responsible Party, but the capability 

can in some cases be contracted to a 

third party who is more appropriate to 

the task. The intent of the rule is to 

accomplish the end result that the 

facility be capably developed, 

constructed and operated. We fully 

expect that the appropriate party for this 

responsibility can vary depending on 

the size and ownership profile of the 

IDR, but do retain the fundamental 

requirement that the responsibility for 

these variables be addressed for each 

IDR facility that falls under this rule 

Keyes & Fox, LLP proposed that the 

rule not require a Responsible Party to 

carry a minimum level of liability 

insurance. RUS rejected this proposed 

change as it was felt that appropriate 

levels of liability insurance are 

consistent with the intent of this 

rulemaking. 

Keyes & Fox, LLP proposed that 

§ 1730.63(b)(3) not require installation 

of an external disconnect switch. RUS 

rejected this proposed change because 

an external disconnect device is referred 

to in IEEE 1547 and to not have an 

external disconnect device could place 

service personnel at risk. 

An individual proposed that the 

address of the IEEE Operations Center 

be substituted for the IEEE corporate 

address in § 1730.63(b)(2) for obtaining 

a copy of IEEE 1547. RUS accepted this 

proposed change as the IEEE Operations 

Center is the more appropriate address 

for where IEEE documents may be 

obtained. 

An individual proposed that in 

§ 1730.62, that the definition of 10 MVA 

be changed to 100 kW. RUS rejected this 

proposed change because 10 MVA is the 

quantity that is used in IEEE 1547 and 

it is our intent that this rule not conflict 

with this nationally recognized series of 

standards. 

An individual proposed that in 

§ 1730.62, that the definition of 10 MVA 

be changed to 10 kVA. RUS rejected this 

proposed change because 10 MVA is the 

quantity that is used in IEEE 1547 and 

it is our intent that this rule not conflict 

with this nationally recognized series of 

standards. 

List of Subjects in 7 CFR Part 1730 

Electric power; Incorporation by 

reference; Loan program—energy; 

Reporting and recordkeeping 

requirements; Rural areas. 


sroberts on DSKD5P82C1PROD with RULES
Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 32409 

■ For reasons set forth in the preamble, 

the Agency amends 7 CFR, Chapter 

XVII, part 1730 by adding subpart C 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 RUS 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] 

1730.100 OMB Control Number. 

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 RUS policy. 

The Distributed Resource facility 

must not cause significant degradation 

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 

and the process to determine the costs 

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 non-refundable 

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 five 

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 

Institute of Electrical and Electronic 

Engineers (IEEE): IEEE 1547TM— 

Standard for Interconnecting Distributed 

Resources with Electric Power Systems, 

approved June 12, 2003, and IEEE 

1547.1TM—Standard Conformance Test 

Procedures for Equipment 

Interconnecting Distributed Resources 

with Electric Power Systems, approved 

June 9, 2005. Copies of the IEEE 

Standards 1547TM and 1547.1TM may be 

obtained from the IEEE Operations 

Center, 445 Hoes Lane, Piscataway, NJ 

08854–4141, telephone 1–800–678– 

4333 or online at http:// 

www.standards.ieee.org. Copies of the 

material are available for inspection 

during normal business hours at RUS, 

Room 1265, U.S. Department of 

Agriculture, Washington, DC 20250. 

Telephone (202) 720–3720, e-mail 

Donald.Junta@wdc.usda.gov, or at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/

federal_register/code_of_federal_

regulations/ibr_locations.html. 

(3) IDR policies must provide for 

appropriate electric power system 

disconnect facilities, as determined by 

the borrower, which shall include a 

lockable disconnect and a visible open, 

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 

that the facility will be capably 

developed, constructed and operated, 

maintained, and repaired. 

§ 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) All electric program borrowers 

with an approved electric program loan 

as of July 8, 2009 shall have an IDR 

policy board approved and in effect no 

later than July 8, 2011. 

(b) All other electric program 

borrowers that have pending 

applications or submit an application to 

the Agency for financial assistance on or 

after July 8, 2009 shall provide a letter 

of certification executed by the General 

Manager that the borrower meets the 

requirements of this subpart before such 

loan may be approved. 

§ 1730.66 Administrative waiver. 

The Administrator may waive in all or 

part, for good cause, the requirements 

and procedures of this subpart. 


sroberts on DSKD5P82C1PROD with RULES
32410 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Rules and Regulations 

§§ 1730.67–1730.99 [Reserved] 

§ 1730.100 OMB Control Number. 

The Information collection 

requirements in this part are approved 

by the Office of Management and 

Budget and assigned OMB control 

number 0572–0141. 

Dated: June 25, 2009. 

James R. Newby, 

Acting Administrator, Rural Utilities Service. 

[FR Doc. E9–15888 Filed 7–7–09; 8:45 am] 

BILLING CODE 3410–15–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Part 41 

[Docket ID OCC–2009–0001] 

RIN 1557–AD14 

FEDERAL RESERVE SYSTEM 

12 CFR Part 222 

[Regulation V; Docket No. R–1203, R–1255] 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 334 

RIN 3064–AC83; 3064–AD00 

DEPARTMENT OF THE TREASURY 

Office of Thrift Supervision 

12 CFR Part 571 

[Docket ID OTS–2009–0012] 

RIN 1550–AC30 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Part 717 

RIN 3133–AC90 and RIN 3133–AD00 

FEDERAL TRADE COMMISSION 

16 CFR Parts 641, 680, 681, and 698 

RIN 3084–AA94 

Fair Credit Reporting Affiliate 

Marketing Regulations; Identity Theft 

Red Flags and Address Discrepancies 

Under the Fair and Accurate Credit 

Transactions Act of 2003; Correction 

AGENCY: Office of the Comptroller of the 

Currency, Treasury (OCC); Board of 

Governors of the Federal Reserve 

System (Board); Federal Deposit 

Insurance Corporation (FDIC); Office of 

Thrift Supervision, Treasury (OTS); 

National Credit Union Administration 

(NCUA); and Federal Trade Commission 

(Commission). 

ACTION: Final rule; correction. 

SUMMARY: The OCC, Board, FDIC, OTS, 

NCUA, and Commission published in 

the Federal Register on May 14, 2009 a 

technical correction to final rules to 

implement the affiliate marketing 

provisions and identity theft red flags 

and address discrepancy provisions of 

the Fair and Accurate Credit 

Transactions Act of 2003 (FACT Act). 

The correction included in this Federal 

Register document corrects an error in 

the DATES section which caused the 

effective date to an amendment to the 

Commission’s rules to be incorrect. This 

correction does not affect the OCC’s, 

Board’s, FDIC’s, OTS’s, or NCUA’s 

rules. 

DATES: Effective Date: This correction is 

effective July 8, 2009. 

FOR FURTHER INFORMATION CONTACT: 

OCC: Jon Mitchell, Attorney, Legislative 

and Regulatory Activities Division, 

(202) 874–5090, Office of the 

Comptroller of the Currency, 250 E 

Street, SW., Washington, DC 20219. 

Board: Amy E. Burke, Senior 

Attorney, or Jelena McWilliams, 

Attorney, Division of Consumer and 

Community Affairs, (202) 452–3667 or 

(202) 452–2412; or Kara Handzlik, 

Attorney, Legal Division, (202) 452– 

3852, Board of Governors of the Federal 

Reserve System, 20th and C Streets, 

NW., Washington, DC 20551. For users 

of a Telecommunications Device for the 

Deaf (TDD) only, contact (202) 263– 

4869. 

FDIC: Richard M. Schwartz, Counsel, 

Legal Division, (202) 898–7424; Jeffrey 

M. Kopchik, Senior Policy Analyst, 

(202) 898–3872, or Samuel Frumkin, 

Senior Policy Analyst, (202) 898–6602, 

Division of Supervision and Consumer 

Protection, Federal Deposit Insurance 

Corporation, 550 17th Street, NW., 

Washington, DC 20429. 

OTS: Suzanne McQueen, Consumer 

Regulations Analyst, Compliance and 

Consumer Protection Division, (202) 

906–6459; April Breslaw, Director, 

Consumer Regulations, (202) 906–6989; 

or Richard Bennett, Senior Compliance 

Counsel, Regulations and Legislation 

Division, (202) 906–7409, Office of 

Thrift Supervision, 1700 G Street, NW., 

Washington, DC 20552. 

NCUA: Linda Dent, Attorney, or 

Regina Metz, Attorney, Office of General 

Counsel, 703–518–6540, National Credit 

Union Administration, 1775 Duke 

Street, Alexandria, VA 22314–3428. 

Commission: Anthony Rodriguez 

(Affiliate Marketing Rule) or Cora Han 

(Identity Theft Red Flags Rules), 

Attorneys, Division of Privacy and 

Identity Protection, Bureau of Consumer 

Protection, (202) 326–2252, Federal 

Trade Commission, 600 Pennsylvania 

Avenue, NW., Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: The OCC, 

Board, FDIC, OTS, NCUA, and 

Commission published a document in 

the Federal Register on May 14, 2009 

(74 FR 22639). The document (OCC– 

2009–0001; FR–R–1203 and R–1255; 

FDIC 3064–AD00; OTS–2008–0024; 

NCUA RIN 3133–AC90 and RIN 3133– 

AD00; and FTC RIN 3084–AA94) made 

technical corrections to the final rules 

implementing the affiliate marketing 

provisions and identity theft red flags 

and address discrepancy provisions of 

the Fair and Accurate Credit 

Transactions Act of 2003 (FACT Act). 

The document also provided effective 

dates for these corrections. This 

document corrects an error in the DATES

section, where renumbered amendatory 

instructions caused the effective date to 

an amendment to the Commission’s 

rules to be incorrect. 

In the technical corrections 

amendment to the final rule, FR Doc. 

No. 2009–10009 published on May 14, 

2009 (74 FR 22639), make the following 

correction: ‘‘On page 22639, in the 

center column, in the DATES section, the 

number ‘‘34’’ in the fourth line is 

corrected to read ‘‘35’’. 

By the Office of the Comptroller of the 

Currency. 

Julie L. Williams, 

First Senior Deputy Comptroller and Chief 

Counsel. 

By order of the Secretary of the Board 

acting under delegated authority, July 1, 

2009. 

Jennifer J. Johnson, 

Secretary of the Board. 

Dated at Washington, DC, this 22nd day of 

June 2009. 

By order of the Board of Directors. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

Dated: June 17, 2009. 


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