Emergency Restoration Plan (ERP), 47055-47056 [2011-19661]

Download as PDF 47055 Rules and Regulations Federal Register Vol. 76, No. 150 Thursday, August 4, 2011 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1730 RIN 0572–AC16 Emergency Restoration Plan (ERP) Rural Utilities Service, USDA. Final rule. AGENCY: ACTION: The Rural Utilities Service (RUS) is amending the requirements established for Emergency Restoration Plans (ERPs), currently mandated for all borrowers, to include a plan to comply with the eligibility requirements to qualify for the Federal Emergency Management Agency (FEMA) Public Assistance Grant Program in the event of a declared disaster. This amendment will ensure that RUS borrowers have a plan to maintain their eligibility to receive financial assistance from FEMA in the event they incur eligible costs for disaster related system repair and restoration. DATES: September 6, 2011. FOR FURTHER INFORMATION CONTACT: Donald Junta, USDA—Rural Utilities Service, 1400 Independence Avenue, SW., Stop 1569, Washington, DC 20250– 1569, telephone (202) 720–1900 or e-mail to donald.junta@wdc.usda.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Regulatory Flexibility Act Certification It has been determined that the Regulatory Flexibility Act is not applicable to this rule since the Rural Utilities Service 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. Information Collection and Recordkeeping Requirements The information collection burden associated with this rulemaking is approved under OMB control number 0572–0140. This rule contains no additional information collection or recordkeeping requirements under OMB control number 0572–0140 that would require approval under the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). E-Government Act Compliance The Rural Utilities Service is committed to the E-Government Act, which requires government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. National Environmental Policy Act Certification The Agency 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. rmajette on DSK89S0YB1PROD with RULES 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 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 number (202) 512–1800 and at https://www.cfda.gov. 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. Executive Order 12372 This rule is excluded from the scope of Executive Order 12372, Intergovernmental Consultation, which may otherwise require consultation with State and local officials, pursuant to USDA’s regulation at 7 CFR part 3015. VerDate Mar<15>2010 15:19 Aug 03, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 or the private sector. Therefore, this rule is not subject to the requirements of §§ 202 and 205 of the Unfunded Mandates Reform Act of 1995. 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 final rule impose substantial direct compliance costs on State and local governments. Therefore, consultation with States is not required. Background The Agency published a final rule on October 12, 2004, at 69 FR 60541 requiring all borrowers to maintain an Emergency Response Plan (ERP) that details how the borrower will restore its system in the event of a system-wide outage resulting from a major natural or manmade disaster or other causes. This ERP requirement was not entirely new to the borrowers, as RUS had recommended similar ‘‘plans’’ in the past. However, the need for an ERP requirement at that time was catalyzed by increased sensitivities relating to homeland security. The purpose of the FEMA Public Assistance Grant Program is to provide assistance to State, Tribal, and local governments, and certain types of private non-profit organizations so that communities can quickly respond to and recover from major disasters or emergencies declared by the President. Recent FEMA audits conducted on applications submitted by RUS borrowers have shown that borrowers have not always followed the policies and procedures set forth by FEMA for disaster related repairs and restoration. FEMA recently created a draft document titled ‘‘FEMA Disaster Assistance Fact Sheet 9580.6 (Electric Utility Repair (Public and Private Nonprofit)). This document contains sections on contracting, category of work, conductor replacement, hazard mitigation, and repair of collateral damage that outline E:\FR\FM\04AUR1.SGM 04AUR1 47056 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Rules and Regulations rmajette on DSK89S0YB1PROD with RULES FEMA requirements in these areas. It is financially advantageous for borrowers to qualify and receive disaster assistance funds for eligible work from FEMA in the event of a declared disaster or emergency. When RUS borrowers do not meet FEMA Public Assistance Grant eligibility requirements, they will be ineligible to receive disaster assistance funds. Accordingly, the Agency published a proposed rule on January 26, 2010, at 75 FR 4006 proposing to amend the ERP regulatory requirements to add that the ERP reflect compliance with all requirements imposed by FEMA for reimbursement of the cost of repairs and restoration of the borrower’s electric system incurred as the result of a declared disaster. Discussion of Comments and Changes RUS received one submission electronically on this proposed rule by the March 29, 2010, comment deadline. The submission was received from the National Rural Electric Cooperative Association (NRECA). The submission is summarized below with the Agency’s responses as follows: Issue 1: Commentor proposed modifying the rule as proposed to add a cost/benefit consideration. Response: The Agency accepts the observation that there are costs to compliance. Money and time spent, delay in service restoration, and the possibility of consumer dissatisfaction in an extended outage are relevant in power restoration decisions and sometimes any additional costs of complying with FEMA’s eligibility rules may outweigh the benefits of federal financial assistance for reimbursement and support a decision by a borrower to elect to pursue an alternative to competitively bidding a restoration job as generally required by FEMA. The final rule as published permits the borrower to make such a determination. The rule only requires the borrower develop a plan to comply with the FEMA requirements and be eligible to apply for FEMA assistance. Issue 2: Commentor proposed a clarifying change that identifies the borrower, rather than the ERP, as the subject that ‘‘must comply with’’ FEMA reimbursement rules. Response: Agency concurs. This clarification is intended to avoid an interpretation that would require the ERP to contain a mini manual of how to comply with the FEMA rules. List of Subjects in 7 CFR 1730 Electric power; Loan program— energy; Reporting and recordkeeping requirements; Rural areas. VerDate Mar<15>2010 15:19 Aug 03, 2011 Jkt 223001 For reasons discussed in the preamble, the Agency amends 7 CFR, Chapter XVII, part 1730 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. Amend § 1730.28 as follows: a. Remove the word ‘‘and’’ from the end of paragraph (e)(4); ■ b. Redesignating paragraph (e)(5) as (e)(6); and ■ c. Add paragraph (e)(5) to read as follows: ■ ■ § 1730.28 (ERP). Emergency Restoration Plan * * * * * (e) * * * * * * * * (5) A section describing a plan to comply with the eligibility requirements to qualify for the FEMA Public Assistance Grant Program; and * * * * * Dated: July 22, 2011. Jonathan Adelstein, Administrator, Rural Utilities Service. [FR Doc. 2011–19661 Filed 8–3–11; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2010–1095; Directorate Identifier 2009–NE–40–AD; Amendment 39– 16742; AD 2011–14–07] RIN 2120–AA64 Airworthiness Directives; Pratt & Whitney (PW) Models PW4074 and PW4077 Turbofan Engines Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD requires removing the 15th stage HPC disk within 12,000 cycles since new (CSN) or, for any disks that exceed 12,000 CSN after the effective date of this AD using a drawdown plan that includes a borescope inspection (BSI) or eddy current inspection (ECI) of the rim for cracks. This AD was prompted by multiple shop findings of cracked 15th stage HPC disks. We are issuing this AD SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 to prevent cracks from propagating into the disk bolt holes, which could result in a failure of the 15th stage HPC disk, uncontained engine failure, and damage to the airplane. DATES: This AD is effective September 8, 2011. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of September 8, 2011. ADDRESSES: For service information identified in this AD, contact Pratt & Whitney, 400 Main St., East Hartford, CT 06108; telephone (860) 565–7700; fax (860) 565–1605. You may review copies of the referenced service information at the FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA. For information on the availability of this material at the FAA, call (781) 238– 7125. Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800–647–5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue, SE., Washington, DC 20590. FOR FURTHER INFORMATION CONTACT: Ian Dargin, Aerospace Engineer, Engine Certification Office, FAA, 12 New England Executive Park, Burlington, MA 01803; phone: (781) 238–7178; fax: (781) 238–7199; e-mail: ian.dargin@faa.gov. SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an airworthiness directive (AD) that would apply to the specified products. That NPRM published in the Federal Register on November 2, 2010, (75 FR 67253). That NPRM proposed to require removing the 15th stage HPC disk before 12,000 CSN, or for any disks that exceed 12,000 CSN after the effective date of this AD, using a drawdown plan that includes a BSI or ECI of the rim for cracks. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or E:\FR\FM\04AUR1.SGM 04AUR1

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[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Rules and Regulations]
[Pages 47055-47056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19661]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / 
Rules and Regulations

[[Page 47055]]



DEPARTMENT OF AGRICULTURE

Rural Utilities Service

7 CFR Part 1730

RIN 0572-AC16


Emergency Restoration Plan (ERP)

AGENCY: Rural Utilities Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Rural Utilities Service (RUS) is amending the requirements 
established for Emergency Restoration Plans (ERPs), currently mandated 
for all borrowers, to include a plan to comply with the eligibility 
requirements to qualify for the Federal Emergency Management Agency 
(FEMA) Public Assistance Grant Program in the event of a declared 
disaster. This amendment will ensure that RUS borrowers have a plan to 
maintain their eligibility to receive financial assistance from FEMA in 
the event they incur eligible costs for disaster related system repair 
and restoration.

DATES: September 6, 2011.

FOR FURTHER INFORMATION CONTACT: Donald Junta, USDA--Rural Utilities 
Service, 1400 Independence Avenue, SW., Stop 1569, Washington, DC 
20250-1569, telephone (202) 720-1900 or e-mail to 
donald.junta@wdc.usda.gov.

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.

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 Sec.  3 of the Executive Order.

Regulatory Flexibility Act Certification

    It has been determined that the Regulatory Flexibility Act is not 
applicable to this rule since the Rural Utilities Service 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.

Information Collection and Recordkeeping Requirements

    The information collection burden associated with this rulemaking 
is approved under OMB control number 0572-0140. This rule contains no 
additional information collection or recordkeeping requirements under 
OMB control number 0572-0140 that would require approval under the 
Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35).

E-Government Act Compliance

    The Rural Utilities Service is committed to the E-Government Act, 
which requires government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible.

National Environmental Policy Act Certification

    The Agency 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 program described by this 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 
number (202) 512-1800 and at https://www.cfda.gov.

Executive Order 12372

    This rule is excluded from the scope of Executive Order 12372, 
Intergovernmental Consultation, which may otherwise require 
consultation with State and local officials, pursuant to USDA's 
regulation at 7 CFR part 3015.

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 or the private sector. Therefore, 
this rule is not subject to the requirements of Sec. Sec.  202 and 205 
of the Unfunded Mandates Reform Act of 1995.

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 
final rule impose substantial direct compliance costs on State and 
local governments. Therefore, consultation with States is not required.

Background

    The Agency published a final rule on October 12, 2004, at 69 FR 
60541 requiring all borrowers to maintain an Emergency Response Plan 
(ERP) that details how the borrower will restore its system in the 
event of a system-wide outage resulting from a major natural or manmade 
disaster or other causes. This ERP requirement was not entirely new to 
the borrowers, as RUS had recommended similar ``plans'' in the past. 
However, the need for an ERP requirement at that time was catalyzed by 
increased sensitivities relating to homeland security.
    The purpose of the FEMA Public Assistance Grant Program is to 
provide assistance to State, Tribal, and local governments, and certain 
types of private non-profit organizations so that communities can 
quickly respond to and recover from major disasters or emergencies 
declared by the President.
    Recent FEMA audits conducted on applications submitted by RUS 
borrowers have shown that borrowers have not always followed the 
policies and procedures set forth by FEMA for disaster related repairs 
and restoration. FEMA recently created a draft document titled ``FEMA 
Disaster Assistance Fact Sheet 9580.6 (Electric Utility Repair (Public 
and Private Nonprofit)). This document contains sections on 
contracting, category of work, conductor replacement, hazard 
mitigation, and repair of collateral damage that outline

[[Page 47056]]

FEMA requirements in these areas. It is financially advantageous for 
borrowers to qualify and receive disaster assistance funds for eligible 
work from FEMA in the event of a declared disaster or emergency. When 
RUS borrowers do not meet FEMA Public Assistance Grant eligibility 
requirements, they will be ineligible to receive disaster assistance 
funds.
    Accordingly, the Agency published a proposed rule on January 26, 
2010, at 75 FR 4006 proposing to amend the ERP regulatory requirements 
to add that the ERP reflect compliance with all requirements imposed by 
FEMA for reimbursement of the cost of repairs and restoration of the 
borrower's electric system incurred as the result of a declared 
disaster.

Discussion of Comments and Changes

    RUS received one submission electronically on this proposed rule by 
the March 29, 2010, comment deadline. The submission was received from 
the National Rural Electric Cooperative Association (NRECA). The 
submission is summarized below with the Agency's responses as follows:
    Issue 1: Commentor proposed modifying the rule as proposed to add a 
cost/benefit consideration.
    Response: The Agency accepts the observation that there are costs 
to compliance. Money and time spent, delay in service restoration, and 
the possibility of consumer dissatisfaction in an extended outage are 
relevant in power restoration decisions and sometimes any additional 
costs of complying with FEMA's eligibility rules may outweigh the 
benefits of federal financial assistance for reimbursement and support 
a decision by a borrower to elect to pursue an alternative to 
competitively bidding a restoration job as generally required by FEMA. 
The final rule as published permits the borrower to make such a 
determination. The rule only requires the borrower develop a plan to 
comply with the FEMA requirements and be eligible to apply for FEMA 
assistance.
    Issue 2: Commentor proposed a clarifying change that identifies the 
borrower, rather than the ERP, as the subject that ``must comply with'' 
FEMA reimbursement rules.
    Response: Agency concurs. This clarification is intended to avoid 
an interpretation that would require the ERP to contain a mini manual 
of how to comply with the FEMA rules.

List of Subjects in 7 CFR 1730

    Electric power; Loan program--energy; Reporting and recordkeeping 
requirements; Rural areas.

    For reasons discussed in the preamble, the Agency amends 7 CFR, 
Chapter XVII, part 1730 as follows:

PART 1730--ELECTRIC SYSTEM OPERATIONS AND MAINTENANCE

0
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.


0
2. Amend Sec.  1730.28 as follows:
0
a. Remove the word ``and'' from the end of paragraph (e)(4);
0
b. Redesignating paragraph (e)(5) as (e)(6); and
0
c. Add paragraph (e)(5) to read as follows:


Sec.  1730.28  Emergency Restoration Plan (ERP).

* * * * *
    (e) * * *
* * * * *
    (5) A section describing a plan to comply with the eligibility 
requirements to qualify for the FEMA Public Assistance Grant Program; 
and
* * * * *

    Dated: July 22, 2011.
Jonathan Adelstein,
Administrator, Rural Utilities Service.
[FR Doc. 2011-19661 Filed 8-3-11; 8:45 am]
BILLING CODE P