[Federal Register Volume 60, Number 165 (Friday, August 25, 1995)]
[Proposed Rules]
[Pages 44283-44286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20970]
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DEPARTMENT OF AGRICULTURE
Rural Housing and Community Development Service, Rural Business and
Cooperative Development Service, Rural Utilities Service, Consolidated
Farm Service Agency
7 CFR Parts 1924, 1942, 1948, and 1980
RIN 0575-AB59
Planning and Performing Construction and Other Development
Agencies: Rural Housing and Community Development Service, Rural
Business and Cooperative Development Service, Rural Utilities Service,
and Consolidated Farm Service Agency; United States Department of
Agriculture.
Action: Proposed rule.
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SUMMARY: The Rural Housing and Community Development Service (RHCDS),
Rural Business and Cooperative Development Service (RBCDS), Rural
Utilities Service (RUS) and Consolidated Farm Service Agency (CFSA)
propose to amend their regulations regarding construction and other
development for farm, housing, community and business programs. This
action provides RHCDS, RBCDS, RUS and CFSA borrowers, grant recipients
and the public with rules for compliance with seismic safety
requirements for new building construction using RHCDS, RBCDS, RUS and
CFSA loan, grant and guaranteed funds. This action is necessary to set
forth the Agencies'
[[Page 44284]]
policies and requirements to meet the implementation requirements of
Executive Order 12699 of January 5, 1990, Seismic Safety of Federal and
Federally Assisted or Regulated New Building Construction. This
Executive Order addresses compliance with the building safety
provisions of the Earthquake Hazards Reduction Act of 1977, as amended.
DATES: Comments must be submitted October 24, 1995.
ADDRESSES: Submit written comments in duplicate to the Office of the
Chief, Regulations Analysis and Control Branch, Rural Economic and
Community Development, U.S. Department of Agriculture, AG Box 0743,
Washington, DC 20250-0743. All written comments will be available for
public inspection during regular working hours at the above address.
FOR FURTHER INFORMATION CONTACT: Samuel J. Hodges III, Architect,
Program Support Staff, Rural Housing and Community Development Service,
U.S. Department of Agriculture, AG Box 0761, Washington, DC 20250-0761,
Telephone: (202) 720-9653.
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 (OMB).
Paperwork Reduction Act
The information collected and recordkeeping requirements contained
in these regulations have been approved by OMB under the provisions of
44 U.S.C. chapter 35 and have been assigned OMB control numbers 0575-
0042, 0575-0015, 0575-0130, and 0575-0024, in accordance with the
Paperwork Reduction Act of 1980. This proposed rule does not impose any
new information collection or recordkeeping requirement from those
approved by OMB.
Environmental Impact Statement
This action has been reviewed in accordance with 7 CFR part 1940,
subpart G, ``Environmental Program.'' RHCDS has determined that the
proposed 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.
Regulatory Flexibility Act
In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
602) the undersigned have determined and certified by signatures of
this document that this rule will not have a significant economic
impact on a substantial number of small entities since this rulemaking
action does not involve a new or expanded program. Therefore, a
regulatory flexibility analysis was not prepared.
Civil Justice Reform
The proposed action has been reviewed under Executive Order 12778
and meets the applicable standards provided in section 2(a) and
(2)(b)(2) of that Executive Order. Provisions within this part that are
inconsistent with State law are controlling. All administrative
remedies must be exhausted prior to filing suit.
Intergovernmental Review
This action affects the following RHCDS, RBCDS, RUS and CFSA
programs as listed in the Catalog of Federal Domestic Assistance:
10.405 Farm Labor Housing Loans and Grants
10.410 Low Income Housing Loans
10.415 Rural Rental Housing Loans
10.420 Rural Self-Help Housing Technical Assistance
10.433 Housing Preservation Grants
10.766 Community Facilities Loans
10.767 Intermediary Relending Program
10.768 Business and Industrial Loans
10.770 Water and Waste Disposal Loans and Grants
All of the above programs, except 10.410 Low Income Housing Loans,
are subject to the provisions of Executive Order 12372 that requires
zintergovernmental consultation with State and local officials.
Background
General: The RHCDS, RBCDS, RUS, and CFSA make grants, loans, and
loan guarantees for the planning and performing of construction and
other development work in rural areas. The RHCDS, RBCDS, RUS, and CFSA
require borrowers and grant recipients to meet applicable requirements
mandated by Federal statutes, regulations, and executive orders to
obtain Agency financing. One such requirement is compliance with
Executive Order 12699, ``Seismic Safety of Federal and Federally
Assisted or Regulated New Building Construction'', which implements the
building safety provisions of the Earthquake Hazards Reduction Act of
1977, as amended, 42 U.S.C. 7701 et seq.
Therefore, the RHCDS, RBCDS, RUS, and CFSA propose to amend their
regulations regarding construction and other development for farmer,
housing, community facilities and business programs to address the
requirements of Executive Order 12699. This action clarifies the
seismic requirements applicable to RHCDS, RBCDS, RUS, and CFSA
borrowers and grant recipients; informs architects, engineers and
contractors retained by such borrowers and grant recipients of the
seismic safety requirements applicable to new building construction
projects; and facilitates understanding of and compliance with the
requirements.
Seismic Introduction: The Earthquake Hazards Reduction Act of 1977
(the Act) as amended was enacted to reduce risks to life and property
from future earthquakes in the United States through establishment and
maintenance of an effective earthquake hazards reduction program. This
Act also directs the President ``to establish and maintain an effective
earthquake hazards reduction program'' (the National Earthquake Hazards
Reduction Program or NEHRP). The Federal Emergency Management Agency
(FEMA) is the designated agency with primary responsibilities to plan
and coordinate the NEHRP. The objectives of the NEHRP include the
development of technologically and economically feasible design and
construction methods to make structures earthquake resistant; the
development and promotion of improved understanding and capability with
respect to seismic risk; the education of the public as to earthquake
phenomena; and other areas of seismic research.
Executive Order 12699, Seismic Safety of Federal and Federally
Assisted or Regulated New Building Construction, requires that measures
to assure seismic safety be imposed on federally assisted new building
construction. The Executive Order requires each federal agency
assisting in the financing through Federal grants or loans, or
guaranteeing the financing through loan or mortgage insurance programs
of newly constructed buildings to initiate a plan to assure appropriate
consideration of seismic safety.
To support the implementation of Executive Order 12699, the
Interagency Committee on Seismic Safety in Construction (ICSSC),
composed of members representing Federal agencies involved with
construction or responsible for governmental assistance for
construction, recommends the use of seismic codes and standards which
are substantially equivalent to the ``NEHRP
[[Page 44285]]
Recommended Provisions for the Development of Seismic Regulations for
New Buildings.'' This guideline that represents the state-of-the-art in
seismic design, has been widely reviewed, and is currently incorporated
into national standards and codes which can be adopted by state and
local building codes.
Seismic Design: Unlike hurricanes, earthquakes cannot be predicted;
they strike without warning with great destructive forces. Most
casualties occur when ground shaking causes buildings and other
structures to collapse and objects to fall upon people. For these
reasons, buildings and other structures need to be designed to resist
earthquake forces.
Structural performance in earthquakes indicates that severe damage
to and collapse of buildings almost always are the consequence of
inadequate design or construction. The successful performance of
buildings designed and constructed in accordance with seismic standards
shows that effects of severe earthquakes can be resisted economically.
In order to reduce hazards from earthquakes, buildings should be
designed according to appropriate seismic standards and codes.
Executive Order 12699 requires the use of and conformance to seismic
standards and codes for all new Federally assisted buildings. The
Federal government has established the NEHRP to reduce the hazard due
to earthquakes and the ICSSC to assist Federal agencies with earthquake
hazard reduction implementation measures. The ICSSC has identified
standards and model building codes that meet the requirements of the
Executive Order and recommends their use. Therefore, the RHCDS, RBCDS,
RUS and CFSA propose to require construction financed by their programs
to comply with these model building codes.
Copies of any unpublished exhibits are available by request to the
Agency at the address set forth above. '
List of Subjects
7 CFR Part 1924
Agriculture, Construction and repair, Construction management,
Energy conservation, Housing, Loan program--Agriculture, Low and
moderate income housing.
7 CFR Part 1942
Community development, Community facilities, Loan programs--Housing
and community development, Loan security, Rural areas, Waste treatment
and disposal--Domestic, Water supply--Domestic.
7 CFR Part 1948
Business and industry, Rural areas, Credit, Economic development.
7 CFR Part 1980
Loan programs--Agriculture, Loan programs--Business and industry--
Rural development assistance, Loan programs--Housing and Community
development, Loan programs--Community programs--Rural development
assistance.
Therefore, chapter XVIII, title 7, Code of Federal Regulations is
proposed to be amended as follows:
PART 1924--CONSTRUCTION AND REPAIR
1. 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
2. Section 1924.5 is amended by adding paragraph (d)(4) to read as
follows:
Sec. 1924.5 Planning development work.
* * * * *
(d) * * *
(4) New building construction and additions shall be designed and
constructed in accordance with the earthquake (seismic) requirements of
the applicable RHCDS development standard (building code). The analysis
and design of structural systems and components shall be in accordance
with applicable requirements of an acceptable model building code.
(i) Agricultural buildings that are not intended for human
habitation are exempt from these earthquake (seismic) requirements.
(ii) Single family detached one and two family dwellings shall be
constructed in accordance with the requirements of Exhibit N of FmHA
Instruction 1924-A (available in any Rural Economic and Community
Development office).
(iii) Single family housing new construction located in seismic map
areas, as determined by the 1991 edition of the National Earthquake
Hazard Reduction Program (NEHRP) Maps, having an effective peak
velocity-related acceleration (Av) value equal to or greater than 0.15
(see Exhibit N of Instruction 1924-A) shall be designed and constructed
in accordance with the seismic requirements of one of the model
building codes listed below.
(A) 1991 International Conference of Building Officials (ICBO)
Uniform Building Code;
(B) 1993 Building Officials and Code Administrators International,
Inc. (BOCA) National Building Code;
(C) 1992 Amendments to the Southern Building Code Congress
International (SBCCI) Standard Building Code.
(iv) Acknowledgment of compliance with the applicable seismic
safety requirements for new construction will be contained in the
certification of final plans and specification on the appropriate RHCDS
Form.
PART 1942--ASSOCIATIONS
3. The authority citation for part 1942 is revised to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989; 16 U.S.C. 1005.
Subpart A--Community Facility Loans
4. Section 1942.18 is amended by adding paragraph (d)(17) to read
as follows:
Sec. 1942.18 Community facilities--planning, bidding, contracting,
constructing.
* * * * *
(d) * * *
(17) Seismic safety.
(i) All new building construction shall be designed and constructed
in accordance with the seismic provisions of one of the following model
building codes.
(A) 1991 International Conference of Building Officials (ICBO)
Uniform Building Code;
(B) 1993 Building Officials and Code Administrators International,
Inc. (BOCA) National Building Code; or
(C) 1992 Amendments to the Southern Building Code Congress
International (SBCCI) Standard Building Code.
(ii) The date, signature, and seal of a registered architect or
engineer and the identification and date of the model building code on
the plans and specifications shall be evidence of compliance with the
seismic requirements of the appropriate building code.
PART 1948--RURAL DEVELOPMENT
5. The authority citation for part 1948 is revised to read as
follows:
Authority: 7 U.S.C. 1989.
Subpart C--Intermediary Relending Program (IRP)
6. Section 1948.117 is amended by adding paragraph (d) to read as
follows:
Sec. 1948.117 Other regulatory requirements.
* * * * *
(d) Seismic safety of new building construction.
(1) The Intermediary Relending Program is subject to the provisions
of
[[Page 44286]]
Executive Order 12699 that requires each Federal agency assisting in
the financing, through Federal grants or loans, or guaranteeing the
financing, through loan or mortgage insurance programs, of newly
constructed buildings to assure appropriate consideration of seismic
safety.
(2) All new buildings shall be designed and constructed in
accordance with the seismic provisions of one of the following model
building codes.
(i) 1991 International Conference of Building Officials (ICBO)
Uniform Building Code;
(ii) 1993 Building Officials and Code Administrators International,
Inc. (BOCA) National Building Code; or
(iii) 1992 Amendments to the Southern Building Code Congress
International (SBCCI) Standard Building Code.
(3) The date, signature, and seal of a registered architect or
engineer and the identification and date of the model building code on
the plans and specifications shall be evidence of compliance with the
seismic requirements of the appropriate building code.
PART 1980--GENERAL
7. The authority citation for part 1980 is revised to read as
follows:
Authority: 5 U.S.C. 301; 7 U.S.C. 1989, 4201 note; 42 U.S.C.
1480.
Subpart A--General
8. Section 1980.48 is added to read as follows:
Sec. 1980.48 Seismic safety of new building construction.
(a) The guaranteed loan programs are subject to the provisions of
Executive Order 12699 which requires each Federal agency assisting in
the financing, through Federal grants or loans, or guaranteeing the
financing, through loan or mortgage insurance programs, of newly
constructed buildings to assure appropriate consideration of seismic
safety.
(b) All new buildings shall be designed and constructed in
accordance with the seismic provisions of one of the following model
building codes:
(1) 1991 International Conference of Building Officials (ICBO)
Uniform Building Code;
(2) 1993 Building Officials and Code Administrators International,
Inc. (BOCA) National Building Code; or
(3) 1992 Amendments to the Southern Building Code Congress
International (SBCCI) Standard Building Code.
(c) The date, signature, and seal of a registered architect or
engineer and the identification and date of the model building code on
the plans and specifications shall be evidence of compliance with the
seismic requirements of the appropriate building code.
Dated: June 28, 1995.
Michael V. Dunn,
Acting Under Secretary for Rural Economic and Community Development.
Dated: June 30, 1995.
Gene Moos,
Under Secretary for Farm and Foreign Agricultural Services.
[FR Doc. 95-20970 Filed 8-24-95; 8:45 am]
BILLING CODE 3410-07-U
