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,8914 <br />Federal Register / Vol. <br />respondents have misunderstood certain <br />of the requirements of the regulation. <br />Creat care and attention have been <br />given to these comments and as most of <br />the apparent questions concern real <br />property acquisition requirement& these <br />comments have been extensively <br />considered and discussed in 2.4.101 (b1 <br />and (c) of thls preamble. <br />There is no basis for expecting that <br />reasonable compliance with this <br />regulation as required by the 1987 <br />Amendments will impose exceptional <br />additional expenditures on the part of <br />the members of the rural electric <br />cooperative Industry. A number of <br />unnecessary administrative <br />req eats found in earlier regulations <br />haveliminated with a consequent <br />reductioa In the burden on affected <br />entitles. Other requirements have been <br />reduced or modified to further the goals <br />of efficient and cost effective <br />implementation of the Uniform Act. <br />More than L200 specific comments <br />were received- Many of the comments <br />were directed et provisions in the <br />current ggovernmentwide common rule. <br />for whlc� no changes were proposed in <br />the NPRM. or provisions which ass <br />specifically determined by the statute. A <br />large number of comments were general <br />statements. or questIons. regarding a <br />section or seat 1Q the which re:Metedd no <br />addrehet w idch are <br />ssed in <br />pp1epriate•sectloe <br />discussion following <br />preamble. <br />A b <br />questions about operational details <br />which cannot be addressed In the rude <br />itselir FHWA will, however, respond to <br />these and other concerns in forthcoming <br />technical advisories and similar <br />instructive memoranda. <br />Except as related to a few specific <br />provisions, which are addressed at the <br />avast majoritriate y of the pulaces in blic comments <br />e <br />dealt more with clarification of <br />interpretation than with substantive <br />matters. <br />Some commenters suggested different <br />wording or rearranging certain <br />paragraphs within the rule itself. While <br />a certain amount of such editorial <br />refinement has been done when it was <br />necessary for clarity, the FDUWA <br />recognizes that the basic format, as well <br />as most of the specific provisions of this <br />rulernaldng were articulated in the <br />governmentwide common rule, and <br />acquiring and displacing agencies have <br />become &miller with the exisling <br />format. To avoid confusion. we therefore <br />have not made wholesale changes in <br />54. No. 40 / Thursday. March Z. <br />1980 / Rules and Regulations <br />The broader the scope of the <br />neither does it encompass the waiver. of <br />a requirement on a program -wide s <br />waiver tbe <br />more carefully the Federal agency must <br />weigh its effect on the assistance and <br />protection to be provided an owner or <br />displaced person. <br />Section 24.2 Definitions <br />Some comments suggested changes <br />that are preluded by statute: however. <br />we are cognizant of the concerns <br />expressed in such comments. We are <br />interested in the experiences gained by <br />persona and agencies as they operate <br />within the framework of this regulation. <br />and will consider legislative changes, if <br />necessary. <br />In addition. an early draft of the <br />itself.NPRM. the NPRM <br />this final t <br />emulated to <br />affected Federal agencies for their <br />review and comment. Further, a num <br />of meetings were held with <br />representatives of interested Federal <br />agencies. Many useful comments Were <br />provided durhur e were <br />particularly assisted by the time and <br />expertise provided by HUD. <br />All counments were reviewed and <br />appropriate changes to the proposed <br />rule were made. A description of the <br />substantive changes from the pro <br />rule foliates. Othernot <br />content were made <br />for or <br />readability. <br />Section -by -Section Analyst <br />Subpart A --General <br />Section 241 Purpos" .. <br />F bimi+�to <br />sh of and t effective <br />ctive <br />implementation au one ofthe <br />purposes adds regulation: Two of e <br />three comments on the paragraph <br />commended the Inclusion of the <br />paragraph while the other indicated <br />vings that, without a definition or <br />tion of the Intent of the <br />paragraph. it may appear to some <br />agencies that cost savings are more <br />important than providing the assistance <br />or protection due an owner or displaced <br />person. This paragraph has been <br />included in the final regulation to <br />emphasize the Federal concern that <br />State and local agencies not be <br />burdened with unnecesaary regulatory <br />iequirements in the implementation of <br />the Uniform Act. For this reason. the <br />NPRM preamble discussion of Lila <br />paragraph called attention to the waiver <br />provision of 124.7 and its use to avoid <br />unnecessary delay or administrative <br />burdens. The waiver provision, in turn, <br />Is explicit regarding two majorconsideration& The first is that the <br />Federal agency. before waiving any <br />requirement. must determine that the <br />waiver does not reduce any assistance <br />or displaced on provided in an owner or <br />person under this regulation. <br />The second is that any request for a <br />er $bait be <br />an a case -by - <br />bads. FHWA does not <br />erpret' case'tomem <br />s <br />race- . ' <br />Section 24.2(a) Agency, There were <br />several conunents on this paragraph and <br />as a result the paragraph on Lead agency <br />has beau removed and is now a <br />ber separate paragraph (¢ 2421 within the <br />definitions. <br />Other respondent' <br />suggested <br />moms, expanaioae. other changes <br />remain' definitions. However, <br />the definitions <br />statute and taken from the <br />san in theey remain unchanged. As <br />published in the preamble -of the NPRM <br />2 <br />1988. the term "Agency" sgeneRegister it y �. <br />generally <br />ttsed throughout this ell entities to he Unencompass to <br />Uniform _ <br />Section 24.2(d) Coalparwble <br />replacement dwelling. Comments were <br />received from five entities concerning <br />the definition of the terse "comparable <br />replacement dweilMV The term and its <br />definition originate tut the Uniform Act <br />end the 2987 Amendments.u sued in <br />the preamble of the NPRM, The tri <br />"compara"filmdom* style <br />enof R t. and . <br />together. mean that the comparable <br />replacement dwelling selected for <br />computing the replacement housing <br />payment is located In the same, or same <br />type of; residential development as the <br />acquired dwelling, on a site typical in <br />size for that development: is the same <br />type of dwelling. i.e., single-family for <br />single family, apartment for apartment <br />etc.: and provides the same or similar <br />amenities within the dwelling. For <br />example, If the displaced person <br />entertains Large groups frequently and <br />the acquired dwelling is arranged to <br />acconunodate this living style, then the <br />replacement comparable house should <br />also be capable of being arranged in this <br />fashion. <br />This does not. however. require strict <br />and absolute adherence to an <br />exhaustive, detalled. feature -by -feature <br />comparison. A mechanistic approach is <br />not required. Reasonable trade-offs can <br />be made. These should reflect the range <br />of purposes for which the various <br />features of the replacement dwelling <br />aboutmay he ed. <br />tional <br />ion <br />uthis subject can be foundinthe <br />appendix. <br />Section atsfa8n A <br />recommendation was received to <br />cheer describing word d <br />gthe rep canment housing <br />fa <br />format relocation of cue <br />e <br />provisions _in this a merely for int <br />