Adoption of Energy Efficiency Standards for New Construction of HUD- and USDA-Financed Housing: Preliminary Determination and Solicitation of Comment; Extension of Comment Period
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Abstract
On May 18, 2023, the U.S. Department of Housing and Urban Development (HUD) and U.S. Department of Agriculture (USDA) published in the Federal Register a notice of preliminary determination entitled "Adoption of Energy Efficiency Standards for New Construction of HUD- and USDA-Financed Housing: Preliminary Determination and of Comment," announcing the two agencies' joint preliminary determination, as required under section 481(d)(1) of the Energy Independence and Security Act of 2007 (EISA), that adoption of the 2021 IECC and ASHRAE 90.1-2019 code standards will not negatively affect the affordability and availability of housing for new construction of HUD and USDA housing covered by EISA and seeking public comment on the preliminary determination. The preliminary determination is the first step to ultimately requiring compliance with these standards in HUD and USDA housing covered by EISA. The notice provided for a 60-day comment period, which would have ended July 17, 2023. HUD has determined that a 21-day extension of the comment period, until August 7, 2023, is appropriate. This extension will allow interested persons additional time to analyze the preliminary determination and prepare their comments.
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<title>Federal Register, Volume 88 Issue 134 (Friday, July 14, 2023)</title>
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[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45238-45239]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15014]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DEPARTMENT OF AGRICULTURE
[Docket No. FR-6271-N-02]
RIN 2506-AC55
Adoption of Energy Efficiency Standards for New Construction of
HUD- and USDA-Financed Housing: Preliminary Determination and
Solicitation of Comment; Extension of Comment Period
AGENCY: Department of Housing and Urban Development and Department of
Agriculture.
ACTION: Notice of Preliminary Determination; extension of comment
period.
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SUMMARY: On May 18, 2023, the U.S. Department of Housing and Urban
Development (HUD) and U.S. Department of Agriculture (USDA) published
in the Federal Register a notice of preliminary determination entitled
``Adoption of Energy Efficiency Standards for New Construction of HUD-
and USDA-Financed Housing: Preliminary Determination and of Comment,''
announcing the two agencies' joint preliminary determination, as
required under section 481(d)(1) of the Energy Independence and
Security Act of 2007 (EISA), that adoption of the 2021 IECC and ASHRAE
90.1-2019 code standards will not negatively affect the affordability
and availability of housing for new construction of HUD and USDA
housing covered by EISA and seeking public comment on the preliminary
determination. The preliminary determination is the first step to
ultimately requiring compliance with these standards in HUD and USDA
housing covered by EISA. The notice provided for a 60-day comment
period, which would have ended July 17, 2023. HUD has determined that a
21-day extension of the comment period, until August 7, 2023, is
appropriate. This extension will allow interested persons additional
time to analyze the preliminary determination and prepare their
comments.
DATES: The comment period for the preliminary determination published
on May 18, 2023, at 88 FR 31773, is extended. Comments should be
received on or before August 7, 2023.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street SW, Room
10276, Washington, DC 20410-0500. Communications must refer to the
above docket number and title. There are two methods for submitting
public comments. All submissions must refer to the above docket number
and title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW, Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
<a href="http://www.regulations.gov">www.regulations.gov</a> website can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must
be submitted through one of the two methods specified
[[Page 45239]]
above. Again, all submissions must refer to the docket number and
title of the rule.
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications submitted to HUD will be available for
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
above address. Due to security measures at the HUD Headquarters
building, an advance appointment to review the public comments must be
scheduled by calling the Regulations Division at 202-402-3055 (this is
not a toll-free number). HUD welcomes and is prepared to receive calls
from individuals who are deaf or hard of hearing, as well as
individuals with communication disabilities. To learn more about how to
make an accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>. Copies of all
comments submitted are available for inspection and downloading at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: HUD: Michael Freedberg, Office of
Environment and Energy, Department of Housing and Urban Development,
451 7th Street SW, Room 7282, Washington, DC 20410; telephone number
202-402-4366 (this is not a toll-free number). USDA: Meghan Walsh,
Rural Housing Service, Department of Agriculture, 1400 Independence
Avenue SW, Washington, DC 20250; telephone number (202) 573-3692 (this
is not a toll-free number). HUD welcomes and is prepared to receive
calls from individuals who are deaf or hard of hearing, as well as
individuals with speech or communication disabilities. To learn more
about how to make an accessible telephone call, please visit
<a href="http://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION: The Energy Independence and Security Act of
2007 (EISA) (Pub. L. 110-140) establishes procedures for the U.S.
Department of Housing and Urban Development (HUD) and the U.S.
Department of Agriculture (USDA) to adopt periodic revisions to the
International Energy Conservation Code (IECC) and to ANSI/ASHRAE/IES
Standard 90.1: Energy Standard for Buildings, Except Low-Rise
Residential Buildings (ASHRAE 90.1), subject to a determination by HUD
and USDA that the revised codes do not negatively affect the
availability or affordability of new construction of single and
multifamily housing covered by EISA. On May 18, 2023, at 88 FR 31773,
HUD and USDA published a notice of preliminary determination entitled
``Adoption of Energy Efficiency Standards for New Construction of HUD-
and USDA-Financed Housing: Preliminary Determination and Solicitation
of Comment,'' announcing the two agencies' joint preliminary
determination that adoption of the 2021 IECC and ASHRAE 90.1-2019 code
standards will not negatively affect the affordability and availability
of housing for new construction of HUD and USDA housing covered by EISA
and seeking public comment on the preliminary determination. In making
the preliminary determination, the first step to ultimately requiring
compliance with these standards in HUD and USDA housing covered by
EISA, the notice relies on several studies that show that these codes
are cost effective in that the incremental cost of the additional
efficiency measures pays for themselves with energy cost savings on a
life-cycle basis.
While the preliminary determination provided a 60-day comment
period, HUD has received feedback from several commenters requesting
additional time to review and provide comments on this rule. Therefore,
HUD is extending the deadline for comments for an additional 21 days to
August 7, 2023.
Aaron Santa Anna,
Associate General Counsel for Legislation and Regulations, HUD.
Cathy Glover,
Acting Administrator, Rural Housing Service, Rural Development, USDA.
[FR Doc. 2023-15014 Filed 7-12-23; 8:45 am]
BILLING CODE 4210-67-P
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