[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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