[Federal Register Volume 61, Number 212 (Thursday, October 31, 1996)]
[Rules and Regulations]
[Pages 56114-56116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27766]
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Farm Service Agency
7 CFR Parts 1901, 1924, 1944
RIN 0575-AC06
Davis-Bacon Act *C*
AGENCIES: Rural Housing Service, Rural Business-Cooperative Service,
Rural Utilities Service, and Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: The Rural Housing Service (RHS) is removing its regulation
that contains procedures and requirements for complying with the Davis-
Bacon and related Acts. Under the reorganization of the Department of
Agriculture, RHS is the successor to the former Farmers Home
Administration (FmHA) for the administration of rural housing programs
under title V of the Housing Act of 1949. Regulations regarding
[[Page 56115]]
Planning and Performing Development Work, and Farm Labor Housing Grants
are also impacted by this rule. This regulation is being removed since
the portions thereof that contain information the public needs to know
are published in 29 CFR parts 1, 3, and 5. Therefore, this action will
remove duplication of regulations. This rule, however, will not remove
or change the requirement for certain RHS-financed construction
projects to comply with the Davis-Bacon and related Acts.
EFFECTIVE DATE: October 31, 1996.
FOR FURTHER INFORMATION CONTACT: Keith A. Suerdieck, Architect, Rural
Housing Service, USDA, Ag Box 0761, Room 6309, South Agriculture
Building, 14th Street and Independence Avenue SW., Washington, D.C.
20250-0761, Telephone (202) 720-9619.
SUPPLEMENTARY INFORMATION:
Classification
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.
Regulatory Flexibility Act
This rule has been reviewed with regard to the requirements of the
Regulatory Flexibility Act (5 U.S.C. 601-612). The Administrator of RHS
has determined and certified that this action will not have a
significant economic impact on a substantial number of small entities
since it will not change the requirements and procedures of the Davis-
Bacon and other related Acts, as published in 29 CFR parts 1, 3 and 5
and as they apply to the affected projects financed by RHS.
The Unfunded Mandate Reform Act
Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), Pub. L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of the UMRA, RHS
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to state, local or tribal governments, in
the aggregate, or to the private sector. When such a statement is
needed for a rule, section 205 of the UMRA generally requires RHS to
identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, more cost-effective or least burdensome
alternative that achieves the objective of the rule.
This rule contains no Federal mandates (under regulatory provisions
of title II of the UMRA) 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 UMRA.
Environmental Impact Statement
This document has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' It is the determination of RHS
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, Pub. L.
91-190, an Environmental Impact Statement is not required.
Programs Affected
The affected programs are listed in the Catalog of Federal Domestic
Assistance under Numbers:
10.405 Farm Labor Housing Loans and Grants
10.415 Rural Rental Housing Loans
Intergovernmental Consultation
For the reason set forth in the final rule related Notice to 7 CFR
part 3015, subpart V, 48 FR 29115, June 24, 1983, these programs are
excluded from the scope of Executive Order 12372, which requires
intergovernmental consultation with State and local officials.
Civil Justice Reform
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. In accordance with this rule: (1) All state and
local laws and regulations that are in conflict with this rule will be
preempted; (2) no retroactive effect will be given to this rule; and
(3) administrative proceedings in accordance with the regulations at 7
CFR part 11 and part 1900, subpart B, be exhausted before bringing suit
in court challenging action taken under this rule unless those
regulations specifically allow bringing suit at an earlier time.
Paperwork Reduction Act
The information collection requirements contained in this
regulation have been previously 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 numbers 1215-0017, 1215-0140, and 1215-0149,
in accordance with the Paperwork Reduction Act of 1980. This final rule
does not impose any new information collection requirements from those
approved by OMB.
Discussion
Procedures and requirements contained in this regulation for
complying with the Davis-Bacon and related Acts are also contained in
the Department of Labor regulations (29 CFR parts 1, 3, and 5). In
keeping with the spirit of regulation reduction, RHS feels there is no
need for the procedures and requirements to be published in more than
one regulation. The requirement for certain RHS-financed construction
projects to comply with the Davis-Bacon and related Acts is not removed
or changed in any way by this rule.
Portions of this regulation that only involve internal Agency
management are revised as an agency guideline. The guideline is for RHS
usage in implementing procedures as prescribed in the Department of
Labor regulations. The guideline is not published in the Code of
Federal Regulations, but is available in any RHS office. Attached to
the guideline is a copy of the labor standards provisions published in
29 CFR part 5 and may be locally reproduced and distributed to program
participates as necessary.
It is the policy of this Department to publish for comment rules
relating to public property, loans, grants, benefits or contracts
notwithstanding the exemption in 5 U.S.C. 553 with respect to such
rules. This action, however, is not published for prior notice and
comment since it involves only internal Agency management, and
publication for prior notice and comment is unnecessary and contrary to
the public interest.
Conforming changes which are necessary to other regulations as a
result of removing subpart D of part 1901 are included.
List of Subjects in 7 CFR Parts 1901, 1924, and 1944
Agriculture, Construction management, Construction and repair,
Energy conservation, Farm labor housing, Grant programs--Housing and
community development, Housing, Loan programs--Agriculture, Loan
programs--Housing and community development, Low and moderate income
housing, Migrant labor, Minimum wages, Nonprofit organizations, Public
housing, Rent subsidies, Rural housing.
Accordingly, parts 1901, 1924 and 1944 of title 7, Code of Federal
Regulations are amended as follows:
[[Page 56116]]
PART 1901--PROGRAM-RELATED INSTRUCTIONS
Subpart D--[Removed and Reserved]
1. Under the Authority 7 U.S.C. 1989, 42 U.S.C. 1480, and subpart
D, consisting of Secs. 1901.151-1901.158 and Exhibit A, is removed and
reserved.
PART 1924--CONSTRUCTION AND REPAIR
2. The authority citation for part 1924 is revised to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart A--Planning and Performing Construction and Other
Development
3. Section 1924.6 is amended in paragraph (a)(3)(iv) by revising
the words ``and/or'' to ``or;'' in paragraph (a)(6) by revising the
reference to ``SCS'' to read ``NRCS;'' in the first sentence of
paragraph (a)(8) by revising the phrase ``physically handicapped
persons'' to read ``people with disabilities''; and by revising
paragraph (a)(5) to read as follows:
Sec. 1924.6 Performing development work.
* * * * *
(a) * * *
(5) Labor standards provisions. The provisions of the Davis-Bacon
and related acts, which are published by the Department of Labor (29
CFR parts 1, 3 and 5), will apply when the contract involves either LH
grant assistance, or 9 or more units in a project being assisted under
the HUD section 8 housing assistance payment program for new
construction.
* * * * *
Sec. 1924.13 [Amended]
4. Section 1924.13 is amended in paragraph (e)(1)(ii), Item XVI by
removing the phrase ``[Exhibit A to Subpart D of Part 1901 of this
chapter, where applicable.]'' and by adding the phrase ``[Where
applicable.]''.
* * * * *
PART 1944--HOUSING
5. The authority citation for part 1944 continues to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 42 U.S.C. 1480.
Subpart D--Farm Labor Housing Loan and Grant Policies, Procedures,
and Authorizations
6. Section 1944.169 is amended in paragraph (c)(4)(v) by revising
the reference to the ``Administrator of the Soil Conservation Service''
to read ``Chief of the Natural Resources Conservation Service;'' and by
revising paragraph (c)(2) to read as follows:
Sec. 1944.169 Technical, legal, and other services.
* * * * *
(c) * * *
(2) Labor standards provisions. Construction financed with the
assistance of an LH grant will be subject to the provisions of the
Davis-Bacon and related acts, and the regulations implementing those
acts published by the Department of Labor regulations at 29 CFR parts
1, 3, and 5.
* * * * *
Subpart D [Amended]
7. Exhibit A-1 to subpart D is amended by removing the last two
sentences in paragraph II (E) and adding a new sentence in their place
to read ``If an LH grant is proposed, construction will be subject to
the provisions of the Davis-Bacon and related Acts. LH grant applicants
should, therefore, obtain a copy of the Department of Labor regulations
(29 CFR part 5), which contain the applicable labor standards
provisions.''
Dated: August 16, 1996.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 96-27766 Filed 10-30-96; 8:45 am]
BILLING CODE 3410-XY-U
