Planning and Performing Construction and Other Development

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'

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.

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

ewed 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

ousing 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

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

nsideration 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

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

oposed 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.

ucted

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.

tructed

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

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.

quires 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.

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