Unknown. Direct final rule

4,131 words·~19 min read·/register/2004/04/30/04-9611·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2004-04-30.xml --- 69 84 Friday, April 30, 2004 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency See Food Safety and Inspection Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Census Census Bureau PROPOSED RULES Special services and studies:

Age Search Program; fee structure, 23700-23701 04-9661 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Antimicrobial resistant human pathogens; economic cost estimates; applied research, 23759-23763 04-9808 Prevention Epicenter Program, 23763-23768 04-9809 Children Children and Families Administration NOTICES Grants and cooperative agreements; availability, etc.: Community Economic Development Discretionary Grant Program— Administration and management expertise priority area, 23768-23776 04-9818 Training and technical assistance, 23776-23784 04-9819 Federal independent living services; training of child welfare agency supervisors in effective delivery and management; retracted, 23784 04-9782 Hispanic children and families; effective child welfare practice; field initiated training projects, 23784-23794 04-9781 Citizenship Citizenship and Immigration Services Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 23799 04-9835 Civil Civil Rights Commission NOTICES Meetings;

State advisory committees: West Virginia, 23725 04-9775 Coast Guard Coast Guard RULES Ports and waterways safety: Lake Ontario, NY; safety and security zone, 23653-23655 04-9774 Norwalk River, CT; safety zone, 23655-23657 04-9773 Commerce Commerce Department See Census Bureau See Economic Development Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 23723-23725 04-9839 04-9840 Procurement list; additions and deletions; correction, 23725 04-9838 Commodity Commodity Credit Corporation NOTICES Grants and cooperative agreements; availability, etc.:

Livestock Indemnity Program (assistance due to losses from Southern California fires), 23721-23722 04-9800 Commodity Commodity Futures Trading Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 23732 04-9833 Meetings; Sunshine Act, 23732 04-9995 Copyright Copyright Office, Library of Congress NOTICES Cable royalty funds: Syndicated programing; Phase II distribution of 1993-1997 funds, 23821-23822 04-9834 Defense Defense Department See Defense Logistics Agency Defense Defense Logistics Agency NOTICES Environmental statements; record of decision:

Mercury management, 23733-23737 04-9726 Economic Economic Development Administration NOTICES Grants and cooperative agreements; availability, etc.: Economic development assistance programs, 23725-23727 04-9810 National technical assistance, training, research, and evaluation, 23727-23729 04-9811 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Innovation and improvement— Transition to Teaching Program, 24001-24013 04-9852 04-9853 Postsecondary education— Underground Railroad Educational and Cultural Program, 23737-23738 04-9941 Employment Employment and Training Administration NOTICES Adjustment assistance:

Coats American, Inc., 23815 E4-958 Drexel Heritage Furniture Industries, 23815 E4-959 E.L. Mansure Co., 23816 E4-964 Eastern Pulp & Paper Co., Inc., 23816 E4-960 Foster Wheeler Energy Corp., 23816-23817 E4-966 Lake Region Manufacturing, Inc., 23817-23818 E4-961 Marion County Shirt Co., 23818 E4-965 Mohican Mills, Inc., 23818 E4-963 Seagate Technology, LLC, 23818-23819 E4-962 Adjustment assistance and NAFTA transitional adjustment assistance: International Truck & Engine Corp., 23817 E4-967 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 23819-23820 04-9533 Energy Energy Department See Energy Efficiency and Renewable Energy Office See Federal Energy Regulatory Commission Energy Energy Efficiency and Renewable Energy Office PROPOSED RULES Consumer products; energy conservation program:

Appliance standards program; possible expansion to include additional consumer products and commercial and industrial equipment; meeting, 23699-23700 04-9830 EPA Environmental Protection Agency RULES Air programs: Ambient air quality standards, national— Air quality designations and classifications; 8-hour ozone; early action compact areas with deferred effective dates, 23857-23951 04-9152 Air quality implementation plans: Preparation, adoption, and submittal— 8-hour ozone national ambient air quality standard; implementation, 23950-24000 04-9153 Solid wastes:

Products containing recovered materials; comprehensive procurement guideline, 24027-24038 04-9864 PROPOSED RULES Water pollution control: Ocean dumping; site designations— Rhode Island Sound, RI, 23706-23715 04-9720 NOTICES Agency information collection activities; proposals, submissions, and approvals, 04-9866 04-9867 04-9868 04-9869 04-9871 04-9872 23739-23750 04-9873 Environmental statements; availability, etc.: Agency statements; comment availability, 23750-23751 04-9877 Agency statements; weekly receipts, 23751-23752 04-9876 Meetings:

Evaluation of human carcinogenic potential of ethylene glycol butyl ether; peer review workshop, 23753 04-9870 Reports and guidance documents; availability, etc.: Recovered materials advisory notice, 24038-24050 04-9865 Executive Executive Office of the President See Management and Budget Office See Presidential Documents Farm Farm Service Agency PROPOSED RULES Program regulations: Servicing and collections— Delinquent community and business programs loans, 23697-23699 04-9787 FAA Federal Aviation Administration RULES Airworthiness directives:

Boeing, 23644-23650 04-9590 04-9591 04-9592 Saab, 23643-23644 04-9589 FCC Federal Communications Commission RULES Common carrier services: Satellite communications— 18 GHz frequency band redesignation, satellite earth stations blanket licensing, and additional spectrum allocation for broadcast satellite use; correction, 23662-23664 04-9882 NOTICES Agency information collection activities; proposals, submissions, and approvals, 23753-23756 04-9878 04-9879 04-9880 Common carrier services:

Wireline Competition Bureau— Interexchange carrier rounding-up practices; declaratory ruling petition; record update request, 23756-23757 04-9883 Meetings: Internet-protocal based communication services; disability access issues, 23757 04-9885 Media Security and Reliability Council, 23758 04-9881 North American Numbering Council, 23758 04-9884 Rulemaking proceedings; petitions filed, granted, denied, etc., 23758-23759 04-9504 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale:

Various States, 23659-23662 04-9828 National Flood Insurance Program: Private sector property insurers; assistance, 23657-23659 04-9827 NOTICES Meetings: National Fire Academy Board of Visitors; cancelled, 23799-23800 04-9829 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 23738-23739 E4-968 Federal Highway Federal Highway Administration NOTICES Environmental statements; notice of intent: Clay and Jackson Counties, MO, 23849-23850 04-9821 Federal Railroad Federal Railroad Administration NOTICES Safety advisories, bulletins, and directives:

Hazardous materials transportation; railroad tank cars equipped with certain truck bolster bearings, 23850-23852 04-9947 FTC Federal Trade Commission RULES Appliances, consumer; energy consumption and water use information in labeling and advertising: Residential energy sources; average unit energy costs, 23650-23653 04-9847 PROPOSED RULES Telemarketing sales rule: National Do-Not-Call Registry; user fees, 23701-23705 04-9848 Fish Fish and Wildlife Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 23802-23803 04-9785 04-9786 Comprehensive conservation plans; availability, etc.:

Petit Manan National Wildlife Refuge Complex, ME, 23803-23805 04-9783 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 23794 04-9837 Meetings: Arthritis Advisory Committee, 23794-23795 04-9801 Reports and guidance documents; availability, etc.: Veterinary Medicinal Products, International Cooperation on Harmonization of Technical Requirements for Approval— Pre-approval information for registration of new veterinary medicinal products for food-producing animals with respect to antimicrobial resistance, 23795-23796 04-9836 Food Food Safety and Inspection Service NOTICES Meat and poultry inspection:

Retail store operations; exemption; dollar limitations adjustment, 23722-23723 04-9831 Health Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 23796-23799 04-9802 04-9803 04-9804 04-9805 Homeland Homeland Security Department See Citizenship and Immigration Services Bureau See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 23800-23801 04-9777 04-9778 Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal property, 23801-23802 04-9536 Indian Indian Affairs Bureau NOTICES Irragation projects; operation and maintenance charges: Rate adjustments, 23805-23809 04-9832 Tribal-State Compacts approval; Class III (casino) gambling: Crow Tribe, MT, 23809 04-9886 Pyramid Lake Paiute Tribe, NV, 23809 04-9887 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service NOTICES Privacy Act:

Systems of records, 23854-23855 04-9814 Justice Justice Department See National Institute of Corrections Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Labor Statistics Bureau MISSING FOR: Labor Statistics Bureau Labor Statistics Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 23820-23821 04-9807 Land Land Management Bureau NOTICES Environmental statements; availability, etc.:

Craters of the Moon National Monument and Preserve, ID; resource and general management plans, 23809-23811 04-9364 El Camino Real de Tierra Adentro National Historic Trail et al., NM; resource management plans, 23811-23812 04-9745 Library Library of Congress See Copyright Office, Library of Congress Management Management and Budget Office NOTICES Audits of States, local governments, and non-profit organizations (Circular A-133), 23825 04-9799 Millennium Millennium Challenge Corporation NOTICES Meetings, 23822 04-9933 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations:

Royalty rates relief or reduction; deep gas provision Technical amendments, 24051-24054 04-9862 NOTICES Outer Continental Shelf; oil, gas, and sulphur operations: Offshore oil and gas leases; royalty rates relief or reduction on gas produced from certain deep wells, 24054-24055 04-9861 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Biological and Physical Research Advisory Committee, 23823 04-9817 Patent licenses; non-exclusive, exclusive, or partially exclusive:

Rycom Instruments, Inc., 23823 04-9851 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Humanities Panel; correction, 23823 04-9850 National Institute National Institute of Corrections NOTICES Meetings: Advisory Board, 23815 04-9780 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska groundfish, 23681-23694 04-9855 Port of landing codes, 23694-23696 04-9857 Northeastern United States fisheries— Multispecies fishery; correction, 23667 04-9845 West Coast States and Western Pacific fisheries— Pacific whiting, 23667-23681 04-9844 Marine mammals:

Commercial fishing operations; incidental taking— Atlantic Large Whale Take Reduction Plan, 23664-23666 04-9843 PROPOSED RULES International fisheries regulations: Pacific tuna— Albacore tuna, 23715-23720 04-9849 NOTICES Fishery conservation and management: Caribbean, Gulf, and South Atlantic fisheries— South Atlantic shrimp, 23729 04-9856 Northeastern United States fisheries— Atlantic sea scallop, 23729-23730 04-9779 Meetings: North Pacific Fishery Management Council, 23730 04-9859 Pacific Fishery Management Council, 23730 04-9860 Reports and guidance documents; availability, etc.:

Atlantic highly migratory species (Atlantic tunas, swordfish, and sharks) and Atlantic billfish fishery management plans; amendments; meetings, 23730-23732 04-9854 National Park National Park Service NOTICES Environmental statements; availability, etc.: Craters of the Moon National Monument and Preserve, ID; resource and general management plans, 23809-23811 04-9364 El Camino Real de Tierra Adentro National Historic Trail et al., NM; resource management plans, 23811-23812 04-9745 Lackawanna Valley National Heritage Area, PA, 23812 04-9795 Yosemite National Park, CA; fire management plan, 23813-23814 04-9797 Environmental statements; notice of intent:

Sagamore Hill National Historic Site, NY, 23814 04-9796 Meetings: Selma to Montgomery National Historic Trail Advisory Council, 23814-23815 04-9798 National Science National Science Foundation NOTICES Meetings; Sunshine Act, 23823-23824 04-9981 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* South Carolina Electric & Gas Co., 23824-23825 04-9812 Office Office of Management and Budget See Management and Budget Office Presidential Presidential Documents EXECUTIVE ORDERS National Health Information Technology Coordinator; establishment (EO 13335), 24057-24061 04-10024 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 23825-23826 04-9784 Rural Rural Business-Cooperative Service PROPOSED RULES Program regulations:

Servicing and collections— Delinquent community and business programs loans, 23697-23699 04-9787 Rural Rural Housing Service RULES Grants and cooperative agreements, availability, etc.: Cooperative Services Program, Value-Added Producer Grants, Agriculture Innovation Centers Program, and Rural Cooperative Development Grants, [ **Editorial Note** : This document appearing at 69 FR 23418 in the Federal Register of April 29, 2004, was inadvertently dropped from that issue's Table of Contents] PROPOSED RULES Program regulations:

Servicing and collections— Delinquent community and business programs loans, 23697-23699 04-9787 RUS Rural Utilities Service RULES Grants and cooperative agreements, availability, etc.: Cooperative Services Program, Value-Added Producer Grants, Agriculture Innovation Centers Program, and Rural Cooperative Development Grants, [ **Editorial Note** : This document appearing at 69 FR 23418 in the Federal Register of April 29, 2004, was inadvertently dropped from that issue's Table of Contents] Program regulations:

Seismic safety of federally assisted new building construction; compliance requirements, 23641-23643 04-9611 PROPOSED RULES Program regulations: Seismic safety of federally assisted new building construction; compliance requirements, 23697 04-9612 Servicing and collections— Delinquent community and business programs loans, 23697-23699 04-9787 SEC Securities and Exchange Commission RULES Securities: Insider lending prohibition; foreign bank exemption, 24015-24025 04-9822 PROPOSED RULES Self-regulatory organizations; proposed rule changes; amendments Correction, 23856 C4-7538 NOTICES Meetings;

Sunshine Act, 23826 04-9973 Public Utility Holding Company Act of 1935 filings, 23826-23833 04-9788 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 23833 04-9823 Boston Stock Exchange, Inc., 23833-23835 04-9789 Chicago Board Options Exchange, Inc., 23836-23840 04-9792 04-9825 Depository Trust Co., 23840-23841 04-9824 International Securities Exchange, Inc., 23841-23842 04-9793 National Association of Securities Dealers, Inc., 23842-23846 04-9791 04-9794 Options Clearing Corp., 23846-23848 04-9790 Social Social Security Administration NOTICES Social security acquiescence rulings:

Howard on behalf of Wolff v. Barnhart; pediatrician review in childhood disability cases to hearings and appeals levels; statutory requirement applicability Correction, 23856 C4-9337 State State Department NOTICES Clean Diamond Trade Act; participating countries eligible for trade in rough diamonds; list, 23848-23849 04-9846 Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration Treasury Treasury Department See Internal Revenue Service PROPOSED RULES Privacy Act; implementation, 23705-23706 04-9813 NOTICES Agency information collection activities; proposals, submissions, and approvals, 23852-23854 04-9815 04-9816 Separate Parts In This Issue Part II Environmental Protection Agency, 23857-24000 04-9152 04-9153 Part III Education Department, 24001-24013 04-9852 04-9853 Part IV Securities and Exchange Commission, 24015-24025 04-9822 Part V Environmental Protection Agency, 24027-24050 04-9864 04-9865 Part VI Interior Department, Minerals Management Service, 24051-24055 04-9861 D='4'>04-9862 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 69 84 Friday, April 30, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1792 RIN 0572-AB74 Seismic Safety AGENCY: Rural Utilities Service, USDA. ACTION: Direct final rule. SUMMARY: The Rural Utilities Service (RUS), an agency delivering the United States Department of Agriculture's Rural Development Utilities Programs, is amending its regulations to update the seismic safety requirements of the agency.

These amendments will provide 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. DATES: This rule will become effective June 14, 2004, unless we receive written adverse comments or a written notice of intent to submit adverse comments on or before June 1, 2004. 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 RUS or carry a postmark or equivalent no later than June 1, 2004. ADDRESSES: Submit adverse comments or notice of intent to submit adverse comments by any of the following methods: • *Federal eRulemaking Portal:* Go to *http://www.regulations.gov* . Follow the online instructions for submitting comments. • *Agency Web site: http://www.usda.gov/rus/index2/Comments.htm.* Follow the instructions for submitting comments. • *E-mail: RUSComments@usda.gov* . Include in the subject line of the message “Seismic Safety”. • *Mail:* Addressed to Richard Annan, Acting Director, Program Development and Regulatory Analysis, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., STOP 1522, Washington, DC 20250-1522. • *Hand Delivery/Courier:* Addressed to Richard Annan, Acting Director, Program Development and Regulatory Analysis, Rural Utilities Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., Room 5168 South Building, Washington, DC 20250-1522. *Instructions:* All submissions received must include that agency name and the subject heading “Seismic Safety”. All comments received must identify the name of the individual (and the name of the entity, if applicable) who is submitting the comment. All comments received will be posted without change to *http://www.usda.gov/rus/index2/Comments.htm* , including any personal information provided. 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 officials. A notice of final rule entitled “Department Programs and Activities Excluded from Executive Order 12372,” (50 FR 47034) exempted RUS loans and loan guarantees to from coverage under this order. Executive Order 12988 This rule has been reviewed under 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 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 This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or on distribution of power and responsibilities among the various levels of government. Under Executive Order 13132, this rule does not have sufficient federalism implications to require preparation of a Federalism Assessment. Regulatory Flexibility Act Certification In accordance with the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) the Administrator of RUS certifies that this rule, if adopted, will not have significant economic impact on a substantial number of small entities. The rule serves to clarify the existing regulation and to generally streamline the review process for such actions. Most of the changes in this rule should result in modest cost savings and ease the regulatory compliance burden for affected applicants. Information Collection and Recordkeeping Requirements The reporting and record keeping requirements contained in the rule has 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 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 proposed 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 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, as amended (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 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 uses 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. According to a recent study commissioned by the ICSSC, the model codes and standards that are equivalent to the 1997 NEHRP Recommended Provisions are the 2000 International Building Code and the ASCE 7-98 Minimum Design Loads for Buildings and Other Structures. These codes will be added to the list of codes equivalent to the 1994 or 1997 NEHRP Recommended Provisions. In addition, clarification is added to the acknowledgment. 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 set for 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 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.* ; 42 U.S.C. 7701 *et seq.* ; E.O. 12699 (3 CFR,1990 Comp., p. 269). Subpart C—Seismic Safety § 1792.102 [Amended] 2. Section 1792.102 is amended by removing the definition “seismic factor”. 3. Sections 1792.103 and 1792.104 are revised to read as follows: § 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 1994, 1997, or 2000 editions 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 1994 or 1997 NEHRP Recommended Provisions and are appropriate for federally assisted new building construction:

(1)1997 International Conference of Building Officials

(ICBO)Uniform Building Code. Copies of the book or CD-ROM are available from the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA 90601-2298, phone: 1-800-284-4406, fax: 1-888-329-4226.

(2)1995 or 1998 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: *marketing@asce.org* , fax: 1-703-295-6211.

(3)2000 International Code Council

(ICC)*International Building Code* . Copies of the book or CD-ROM are available from the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA 90601-2298, phone: 1-800-284-4406, fax: 1-888-329-4226.

(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. § 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 building design stating that seismic provisions pursuant to § 1792.103 of this subpart will be used in the design of the building.

(a)For projects in which plans and specifications are required to be submitted to RUS, this acknowledgement shall be on the title page of the drawings included with the final plans and specifications. This acknowledgement will include the identification and date of the model code or standard that is used in the seismic design of the building project. The plans and specifications must be dated, signed, and sealed by the registered architect or engineer.

(b)For projects in which plans and specifications are not submitted, this acknowledgement shall be in the form of a statement from the architect or engineer responsible for the building design. The statement shall identify the model code or standard identified that is used in the seismic design of the building or buildings and, shall be dated and signed. Dated: April 15, 2004. Hilda Gay Legg, Administrator, Rural Utilities Service. [FR Doc. 04-9611 Filed 4-29-04; 8:45 am]

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