[Code of Federal Regulations]
[Title 7, Volume 11]
[Revised as of January 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1792]

[Page 1188-1189]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 1792_COMPLIANCE WITH OTHER FEDERAL STATUTES, REGULATIONS, AND 
EXECUTIVE ORDERS

Subparts A-B [Reserved]

Subpart C_Seismic Safety of Federally Assisted New Building Construction

Sec.
1792.101 General.
1792.102 Definitions.
1792.103 Seismic design and construction standards for new buildings.
1792.104 Seismic acknowledgments.

    Authority: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq.; 42 
U.S.C. 7701 et seq.; E.O. 12699 (3 CFR,1990 Comp., p. 269).

    Source: 58 FR 32437, June 10, 1993, unless otherwise noted.

Subparts A-B [Reserved]

Subpart C_Seismic Safety of Federally Assisted New Building Construction

Sec. 1792.101  General.

    (a) The Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et 
seq.) was enacted to reduce risks to life and property through the 
establishment and maintenance of an effective earthquake hazards 
reduction program (the National Earthquake Hazards Reduction Program or 
NEHRP). The Federal Emergency Management Agency (FEMA) is designated as 
the agency with the primary responsibilities to plan and coordinate the 
NEHRP. This program includes the development and implementation of 
feasible design and construction methods to make structures earthquake 
resistant. Executive Order 12699 of January 5, 1990, Seismic Safety of 
Federal and Federally Assisted or Regulated New Building Construction (3 
CFR, 1990 Comp., p. 269), requires that measures to assure seismic 
safety be imposed on federally assisted new building construction.
    (b) This subpart identifies acceptable seismic standards which must 
be employed in new building construction funded by loans, grants, or 
guarantees made by the Rural Utilities Service (RUS) or the Rural 
Telephone Bank (RTB) (or through lien accommodations or subordinations 
approved by RUS or RTB).

[58 FR 32437, June 10, 1993, as amended at 65 FR 76916, Dec. 8, 2000]

Sec. 1792.102  Definitions.

    As used in this subpart, the following terms have the following 
meaning:
    Administrator--Administrator of RUS or the Governor of the Rural 
Telephone Bank or his or her designee.
    Borrower--An entity which borrows or seeks to borrow money from, or 
arranges financing with the assistance of RUS through guarantees, lien 
accommodations or lien subordinations.
    Building--Any structure, fully or partially enclosed, used or 
intended for sheltering persons or property.
    Federally assisted--The provision of financing assistance by RUS 
through loans, loan guarantees, grants, and lien accommodations and 
subordinations.
    Grant recipient--Any entity which receives a grant from RUS.
    Lien accommodation--The consensual sharing of the government's 
(RUS's) lien on property or the release of government's lien on 
property.
    Lien subordination--Agreement that the government's (RUS) lien on 
property will rank below the lien of another entity.
    Model Code--A building code developed for the adoption of local or 
state authorities or to be used as the basis of a local or state 
building code.
    NEHRP--National Earthquake Hazards Reduction Program.
    Registered--A person licensed by the State(s) or Authority(ies) to 
perform architectural or engineering services in the State(s) where 
construction occurs.

[[Page 1189]]

    RUS--Rural Utilities Service, and for the purposes of this subpart, 
shall include the Rural Telephone Bank. For the purposes of RTB 
borrowers, as used in this subpart, RUS means RTB and Administrator 
means Governor.
    State--Each of the 50 States of the United States, the District of 
Columbia, and territories and possessions of the United States which are 
authorized to receive loans, loan guarantees, or grants from RUS.

[58 FR 32437, June 10, 1993, as amended at 59 FR 66440, Dec. 27, 1994; 
65 FR 76916, Dec. 8, 2000; 69 FR 23642, Apr. 30, 2004]

Sec. 1792.103  Seismic design and construction standards for new 
          buildings.

    (a) In the design and construction of federally assisted buildings, 
the borrowers and grant recipients must utilize the seismic provisions 
of the most recent edition of those standards and practices that are 
substantially equivalent to or exceed the seismic safety level in the 
1994, 1997, or 2000 editions of the NEHRP Recommended Provisions for the 
Development of Seismic Regulation for New Buildings.
    (b) Each of the following model codes or standards provides a level 
of seismic safety substantially equivalent to that provided by the 1994 
or 1997 NEHRP Recommended Provisions and are appropriate for federally 
assisted new building construction:
    (1) 1997 International Conference of Building Officials (ICBO) 
Uniform Building Code. Copies of the book or CD-ROM are available from 
the International Conference of Building Officials, 5360 Workman Mill 
Road, Whittier, CA 90601-2298, phone: 1-800-284-4406, fax: 1-888-329-
4226.
    (2) 1995 or 1998 American Society of Civil Engineers (ASCE) 7, 
Minimum Design Loads for Buildings and Other Structures. Copies are 
available from the American Society of Civil Engineers, Publications 
Marketing Department, 1801 Alexander Bell Drive, Reston, VA 20191-4400, 
e-mail: marketing@asce.org, fax: 1-703-295-6211.
    (3) 2000 International Code Council (ICC) International Building 
Code. Copies of the book or CD-ROM are available from the International 
Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA 
90601-2298, phone: 1-800-284-4406, fax: 1-888-329-4226.
    (c) The NEHRP Recommended Provisions for the Development of Seismic 
Regulations for New Buildings is available from the Office of 
Earthquakes and Natural Hazards, Federal Emergency Management Agency, 
500 C Street, SW., Washington, DC 20472.

[69 FR 23642, Apr. 30, 2004]

Sec. 1792.104  Seismic acknowledgments.

    For each applicable building, borrowers and grant recipients must 
provide RUS a written acknowledgment from a registered architect or 
engineer responsible for the building design stating that seismic 
provisions pursuant to Sec. 1792.103 of this subpart will be used in 
the design of the building.
    (a) For projects in which plans and specifications are required to 
be submitted to RUS, this acknowledgement shall be on the title page of 
the drawings included with the final plans and specifications. This 
acknowledgement will include the identification and date of the model 
code or standard that is used in the seismic design of the building 
project. The plans and specifications must be dated, signed, and sealed 
by the registered architect or engineer.
    (b) For projects in which plans and specifications are not 
submitted, this acknowledgement shall be in the form of a statement from 
the architect or engineer responsible for the building design. The 
statement shall identify the model code or standard identified that is 
used in the seismic design of the building or buildings and, shall be 
dated and signed.

[69 FR 23642, Apr. 30, 2004]