81 FR 6405 - Establishing a Federal Earthquake Risk Management Standard
Executive Office of the President
Federal Register Volume 81, Issue 24 (February 5, 2016)
Page Range
6405-6410
FR Document
2016-02475
Federal Register, Volume 81 Issue 24 (Friday, February 5, 2016)
[Federal Register Volume 81, Number 24 (Friday, February 5, 2016)]
[Presidential Documents]
[Pages 6405-6410]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-02475]
[[Page 6405]]
Vol. 81
Friday,
No. 24
February 5, 2016
Part IV
The President
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Executive Order 13717--Establishing a Federal Earthquake Risk
Management Standard
Presidential Documents
Federal Register / Vol. 81 , No. 24 / Friday, February 5, 2016 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 6407]]
Executive Order 13717 of February 2, 2016
Establishing a Federal Earthquake Risk Management
Standard
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including the Earthquake Hazards Reduction Act
of 1977, as amended, and section 121(a) of title 40,
United States Code, and to improve the Nation's
resilience to earthquakes, I hereby direct the
following:
Section 1. Policy. It is the policy of the United
States to strengthen the security and resilience of the
Nation against earthquakes, to promote public safety,
economic strength, and national security. To that end,
the Federal Government must continue to take proactive
steps to enhance the resilience of buildings that are
owned, leased, financed, or regulated by the Federal
Government. When making investment decisions related to
Federal buildings, each executive department and agency
(agency) responsible for implementing this order shall
seek to enhance resilience by reducing risk to the
lives of building occupants and improving continued
performance of essential functions following future
earthquakes. The Federal Government recognizes that
building codes and standards primarily focus on
ensuring minimum acceptable levels of earthquake safety
for preserving the lives of building occupants. To
achieve true resilience against earthquakes, however,
new and existing buildings may need to exceed those
codes and standards to ensure, for example, that the
buildings can continue to perform their essential
functions following future earthquakes. Agencies are
thus encouraged to consider going beyond the codes and
standards set out in this order to ensure that
buildings are fully earthquake resilient.
Sec. 2. Requirements for Earthquake Safety of New
Federal Buildings, Improvements to Existing Federal
Buildings, and Federally Leased, Financed, or Regulated
Buildings.
(a) New Buildings and Alterations to Existing
Buildings. Each agency responsible for the design and
construction of a new building or an alteration to an
existing building shall ensure that the building is
designed, constructed, or altered, respectively, in
accord with appropriate earthquake-resistant design and
construction codes and standards as set forth in
sections 3(a) and 3(b) of this order.
(b) Space Leased for Federal Occupancy. Each agency
responsible for the lease of a building shall, to the
extent permitted by law, ensure that it leases only
buildings that have been designed and constructed in
accord with the appropriate earthquake-resistant design
and construction standards that apply to the type of
lease at issue, as set forth in section 3(c) of this
order.
(c) Federal Assistance Programs. Each agency
assisting in the financing, through Federal grants or
loans, or guaranteeing the financing, through loan or
mortgage insurance programs, of a newly constructed
building shall consider updating its procedures for
providing the assistance to be consistent with section
3(a) of this order, to assure appropriate consideration
of earthquake safety.
(d) Federally Regulated Buildings. Each agency with
responsibility for regulating the structural safety of
a new building shall consider using earthquake-
resistant design and construction standards for the new
building consistent with section 3(a) of this order.
[[Page 6408]]
Sec. 3. Codes, Standards, and Concurrent Requirements.
(a) Commencing within 90 days after the date of this
order, each agency shall ensure that every new building
for which the agency has not started programming is in
compliance with the earthquake-resistant design
provisions of the 2015 editions of the International
Building Code (IBC) or the International Residential
Code (IRC), nationally recognized building codes
promulgated by the International Code Council (ICC), or
equivalent codes, consistent with the provisions of and
to the extent required by 40 U.S.C. 3312. When the ICC
releases a new version of the IRC or IBC, each agency
that constructs buildings shall determine whether the
new version is a nationally recognized code for the
purposes of 40 U.S.C. 3312(b), as expeditiously as
practicable, but not later than 2 years after the
release of the new version. If an agency determines
that a new version is a nationally recognized code, it
shall ensure that any building, for which the agency
has not started programming, shall be in compliance
with that new version or an equivalent code.
(b) Each agency that owns an existing Federal
building shall adopt the Standards of Seismic Safety
for Existing Federally Owned and Leased Buildings
(Standards), which are developed, issued, and
maintained by the Interagency Committee on Seismic
Safety in Construction (ICSSC), as the minimum level
acceptable for managing the earthquake risks in that
building. Any agency that has not adopted the Standards
at the time of this order shall adopt the Standards no
later than 90 days from the date of this order. All
agencies shall adopt subsequent editions of the
Standards as expeditiously as practicable, but no later
than 2 years following their issuance.
(c) Each agency that leases space in an existing
building shall adopt the Standards as the minimum level
acceptable for managing the earthquake risks in that
building. This requirement shall apply to existing
leases or leases existing at the time of issuance of
updated Standards only to the extent appropriate, as
determined by the leasing agency. With respect to
leases for a building being constructed to accommodate
a Federal agency under the authority in 40 U.S.C.
585(a), the leasing agency shall ensure that the
building complies with the earthquake-resistant design
and construction standards that would apply to a
building constructed by the agency pursuant to section
3(a) of this order. With respect to such leases entered
into under authority other than 40 U.S.C. 585(a), the
leasing agency shall ensure that the building complies
with the earthquake-resistant design and construction
standards that would apply to a building constructed by
the agency pursuant to section 3(a) of this order, to
the extent permitted by law.
(d) Agencies may require higher performance levels
than exist in the codes and standards described in
sections 3(a), (b), and (c) of this order.
Sec. 4. Agency and Committee Responsibilities. (a) The
ICSSC shall be composed of representatives of all
Federal agencies engaged in construction, financing of
construction, or related activities. The National
Earthquake Hazards Reduction Program (NEHRP) Lead
Agency, currently the National Institute of Standards
and Technology (NIST), shall lead the ICSSC, and shall
lead the development and maintenance of ICSSC
guidelines to assist the Federal agencies with
implementing earthquake risk reduction measures in
their construction programs.
(b) Agencies whose activities are covered by this
order shall designate one or more Seismic Safety
Coordinator(s) to serve as focal points for the
agency's compliance with this order and to participate
in the ICSSC as appropriate. Within 30 days of the date
of this order, each agency shall identify its Seismic
Safety Coordinator(s) to the Director of NIST.
(c) The Director of NIST, on behalf of the ICSSC,
shall issue implementing guidelines to assist agency
compliance with this order within 8 months of the date
of this order. The implementing guidelines shall
provide specific guidance, including guidance about the
roles and responsibilities of the agencies under
section 2 of this order. The implementing guidelines
shall
[[Page 6409]]
also describe the responsibilities and necessary
qualifications of the Seismic Safety Coordinator.
(d) The Director of NIST, on behalf of the ICSSC,
shall provide assistance in interpreting the
implementing guidelines to the Federal departments and
agencies.
(e) The ICSSC shall publish updated Standards for
assessing and enhancing the earthquake resilience of
existing buildings as required by this order. The ICSSC
shall review and update the Standards as needed to
comply with this order at the maximum interval of every
6 years. Participation in the ICSSC shall continue to
be open to all agencies with programs affected by this
order. The Director of NIST shall provide support for
the secretariat of the ICSSC and determine the
frequency and scope of the ICSSC meetings as necessary
to support this order.
(f) Agencies whose activities are covered by this
order shall submit biennial reports to the Director of
the Office of Management and Budget (OMB) and the
Director of NIST on their progress in implementing the
order, commencing 2 years from the date of this order.
(g) Agency compliance shall be summarized in the
NEHRP reports to the Congress.
Sec. 5. Revocation. Executive Order 12699 of January 5,
1990 (Seismic Safety of Federal and Federally Assisted
or Regulated New Building Construction), as amended,
and Executive Order 12941 of December 1, 1994 (Seismic
Safety of Existing Federally Owned or Leased Buildings)
are hereby revoked.
Sec. 6. Definitions. As used in this order:
(a) ``building'' means any structure, fully or
partially enclosed, used or intended for sheltering
persons or property;
(b) ``alteration to an existing building'' means an
action that alters, as defined in 40 U.S.C. 3301(a)(1),
a building and that significantly extends the
building's useful life and totals more than the
replacement values established in the Standards for the
building's assigned Seismic Design Category; and
(c) ``programming'' means developing and validating
project assumptions, scope, budgets, and implementation
strategy for a building.
Sec. 7. Exemption Authority. (a) The head of an agency
may exempt a building from sections 2 and 3 of this
order:
(i) to the extent the head of an agency determines that exempting such
building is substantially related to an important law enforcement purpose;
or
(ii) to the extent the head of an agency determines that exempting such
building is necessary to address an extraordinary circumstance relating to
national security or public safety.
(b) Even when otherwise eligible for an exemption
under this section, each agency shall strive to comply
with the purposes, goals, and requirements set forth in
this order to the maximum extent practicable.
(c) If the head of an agency issues an exemption
under this section, the agency must notify the Director
of OMB in writing within 30 days of issuance of the
exemption under this subsection.
Sec. 8. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the
head thereof; or
(ii) the functions of the Director of OMB relating to budgetary,
administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party
[[Page 6410]]
against the United States, its departments, agencies,
or entities, its officers, employees, or agents, or any
other person.
(d) Nothing in this order shall apply to assistance
provided for emergency work essential to save lives and
protect property and public health and safety,
performed pursuant to agencies' statutory authorities,
and sections 402, 403, 502, and 503 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(the ``Stafford Act'') (42 U.S.C. 5170a, 5170b, 5192,
and 5193), or for temporary housing assistance programs
and individual and family grants performed pursuant to
section 408 of the Stafford Act (42 U.S.C. 5174). This
order shall, however, apply to other provisions of the
Stafford Act after a Presidentially declared major
disaster or emergency when assistance actions involve
new construction or alterations to an existing
building.
(e) This order applies only to buildings within the
United States and its territories and possessions.
(Presidential Sig.)
THE WHITE HOUSE,
February 2, 2016.
[FR Doc. 2016-02475
Filed 2-4-16; 11:15 am]
Billing code 3295-F6-P