[Federal Register Volume 88, Number 134 (Friday, July 14, 2023)]
[Notices]
[Pages 45238-45239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 
www.regulations.gov. 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 
www.regulations.gov 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 https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. Copies of all 
comments submitted are available for inspection and downloading at 
www.regulations.gov.

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 
www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

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