[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20991]
[[Page Unknown]]
[Federal Register: August 25, 1994]
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DEPARTMENT OF AGRICULTURE
Farmers Home Administration
7 CFR Part 1924
RIN 0575--AB27
Planning and Performing Construction and Other Development
AGENCY: Farmers Home Administration, USDA.
ACTION: Final rule.
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SUMMARY: The Farmers Home Administration (FmHA) amends its regulations
to comply with the Energy Policy Act of 1992, Public Law 102-486. This
Act requires that thermal standards for new construction of Single
Family Housing (SFH) (other than manufactured homes) subject to
mortgages insured, guaranteed, or made by the Secretary of Agriculture
under Title V of the Housing Act of 1949 meet or exceed the
requirements of the Council of American Building Officials (CABO) Model
Energy Code, 1992 (MEC-92). Therefore, for new construction of SFH
(other than manufactured homes) FmHA adopts the thermal requirements
contained in the 1992 edition of the MEC. The CABO/MEC-92 requirements
are comparable to the FmHA thermal requirements for new SFH
construction. FmHA is not changing its requirements for Multi-family
Housing (MFH) programs. FmHA field offices were notified of the changes
required by this Act prior to October 22, 1993. Temporary changes were
issued to all FmHA field offices on December 7, 1993 and April 28, 1994
implementing this change.
EFFECTIVE DATE: This regulation is effective October 22, 1993.
FOR FURTHER INFORMATION CONTACT: David J. Adams, Senior Loan
Specialist, Single Family Housing Processing Division, FmHA, USDA, Room
5330, South Agriculture Building, Washington, D.C. 20250, Telephone:
(202) 720-1532.
SUPPLEMENTARY INFORMATION:
Classification
We are issuing this final rule in compliance with Executive Order
12866, and the Office of Management and Budget (OMB) has determined
that it is a ``significant regulatory action.''
Intergovernmental Consultation
This activity is listed in the Catalog of Federal Domestic
Assistance under Nos. 10.410 Low-Income Housing Loans (Section 502
Rural Housing Loans), 10.405 Farm Labor Housing Loans and Grants;
10.406 Farm Operating Loans; 10.415 Rural Rental Housing Loans; and
10.416 Soil and Water Loans (SW Loans). For the reasons set forth in
the Final Rule and related Notice(s) to 7 CFR Part 3015, Subpart V,
this activity affects the following programs that are included in the
scope of EO 12372 which requires intergovernmental consultation with
State and local officials: 10.405, 10.415, and 10.416.
Environmental Impact Statement
This document has been reviewed in accordance with FmHA Instruction
1940-G, ``Environmental Program.'' It is the determination of FmHA that
this action does not constitute a major Federal action significantly
affecting the quality of the human environment and in accordance with
the National Environmental Policy Act of 1969, Public Law 91-190, an
Environmental Impact Statement is not needed.
Civil Justice Reform
This document has been reviewed in accordance with EO 12778. It is
the determination of FmHA that this action does not unduly burden the
Federal Court Systems in that it meets all applicable standards
provided in Section 2 of the EO.
Paperwork Reduction Act
The information collection requirements contained in this
regulation have been approved by the Office of Management and Budget
(OMB) under the provisions of 44 U.S.C. Chapter 35 and have been
assigned OMB control number 0575-0042 in accordance with the Paperwork
Reduction Act of 1980 (44 U.S.C. 3507).
Please send written comments to the Office of Information
Regulatory Affairs, OMB, Attention: Desk Officer for USDA, Washington,
D.C. 20503. Please send a copy of your comments to Jack Holston, Agency
Clearance Officer, USDA, FmHA, Ag Box 0743, Washington, DC 20250.
Background
Presently, FmHA requires that all drawings and specifications for
housing loan and grant applications involving new construction and
conditional commitments be prepared to comply with the thermal
requirements of Exhibit D of FmHA Instruction 1924-A.
Section 509(a) of the Housing Act of 1949, in conjunction with
Section 109 of the Cranston-Gonzalez National Affordable Housing Act as
amended by the Energy Policy Act of 1992 require the Secretary of
Housing and Urban Development (HUD) and the Secretary of Agriculture
(USDA) to jointly establish by rule energy efficiency standards for new
construction of SFH subject to mortgages insured, guaranteed, or made
by the Secretary of Agriculture under Title V of the Housing Act of
1949. Such standards shall meet or exceed the requirements of CABO MEC-
92. However, if the Secretaries have not, within 1 year after the date
of enactment of the Energy Policy Act of 1992, established energy
efficiency standards, all new construction of SFH shall meet the
requirements of CABO MEC-92. USDA and HUD have consulted in jointly
establishing energy efficiency standards but as of this date have not
jointly established such standards. This Rule establishes the CABO MEC-
92 as the FmHA requirement for new construction of single family
housing (other than manufactured homes) subject to mortgages insured,
guaranteed, or made by the Secretary of Agriculture under title V of
the Housing Act of 1949. The CABO/MEC-92 requirements are comparable to
the FmHA thermal requirements for new SFH construction previously in
effect.
In addition to the changes to the regulation required by the Energy
Policy Act of 1992, the certification of compliance with development
standards has been removed from the text of the regulation and moved to
an FmHA form. The only change in the substance of the certification has
been to add certification of compliance with the applicable energy
standard from Exhibit D to this regulation.
Section 109 of the Cranston-Gonzalez National Affordable Housing
Act does not require CABO MEC-92 for MFH or existing SFH. Therefore,
the FmHA thermal requirements in FmHA Instruction 1924-A, Exhibit D
will continue to be used for MFH and existing SFH construction.
It is the policy of this Department that rules relating to public
property, loans, grants, benefits, or contracts shall be published for
comment nothwithstanding the exemption in 5 U.S.C. 553 with respect to
such rules. These amendments, however, are not published for proposed
rulemaking because they are either nonsubstantive editorial changes or
merely following the specific directions of the Energy Policy Act of
1992 and no discretion is left with the agency in implementing these
statutory changes.
FmHA's thermal requirements for new and existing MFH construction
are still applicable.
List of Subjects in 7 CFR Part 1924
Agriculture, Construction management, Construction and repair,
Energy conservation, Housing, Loan programs--agriculture, Low and
moderate income housing.
Accordingly, Chapter XVIII, Title 7 of the Code of Federal
Regulations is amended as follows:
PART 1924--CONSTRUCTION AND REPAIR
1. Authority citation for Part 1924 continues to read as follows:
Authority: 7 U.S.C. 1989; 42 U.S.C. 1980; 5 U.S.C. 301; 7 CFR
2.23; 7 CFR 2.70.
Subpart A--Planning and Performing Construction and Other
Development
2. Section 1924.5 is amended by revising the introductory text of
paragraph (f)(1)(iii) and paragraph (f)(1)(iii)(F) to read as follows:
Sec. 1924.5 Planning development work.
* * * * *
(f) * * *
(1) * * *
(iii) FmHA will accept final drawings and specifications and any
modifications thereof only after the documents have been certified in
writing as being in conformance with the applicable development
standard if required under paragraph (d)(1) of this section.
Certification is required for all Single Family Housing (SFH) thermal
designs (plans, specifications, and calculations).
* * * * *
(F) All certifications of final drawings, specifications, and
calculations shall be on Form FmHA 1924-25, ``Plan Certification.''
* * * * *
3. Exhibit D of subpart A is amended by revising paragraph II and
the first paragraph of paragraph IV A; by adding paragraph III F; by
reserving paragraph IV E; by adding paragraph IV F; and by adding a
sentence at the end of the introductory text of paragraph IV D to read
as follows:
Exhibit D of Subpart A--Thermal Performance Construction Standards
* * * * *
II. Policy: All loan or grant applications involving new
construction (except for new Single Family Housing (SFH)) and all
applications for conditional commitments (except for new SFH) shall
have drawings and specifications prepared to comply with paragraphs
IV A or C and IV D of this Exhibit. All new SFH construction shall
have drawing and specifications prepared to comply with paragraph IV
F of this Exhibit. All existing dwellings to be acquired with FmHA
loan funds shall be considered in accordance with paragraph IV B or
C of this Exhibit.
III. * * *
F. CABO Model Energy Code, 1992 Edition (MEC-92)--This code sets
forth the minimum energy/thermal requirements for the design of new
buildings and structures or portions thereof and additions to
existing buildings. The MEC is maintained by the Council of American
Building Officials (CABO).
IV. * * *
A. All multifamily dwellings to be constructed with FmHA loan
and/or grant funds and all repair, remodeling, or renovation work
performed on single family and multifamily dwellings with FmHA loan
and/or grant funds shall be in conformance with the following,
except as provided in paragraphs IV C 3 and IV D of this Exhibit:
* * * * *
D. * * * This section does not apply to new SFH construction.
* * * * *
F. New SFH construction. New SFH construction shall meet the
requirements of CABO Model Energy Code, 1992 Edition (MEC-92).
* * * * *
Dated: August 8, 1994.
Bob Nash,
Under Secretary for Small Community and Rural Development.
[FR Doc. 94-20991 Filed 8-24-94; 8:45 am]
BILLING CODE 3410-07-U
