[Federal Register Volume 78, Number 13 (Friday, January 18, 2013)]
[Rules and Regulations]
[Pages 4060-4070]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01066]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3280

[Docket No. FR-5222-F-02]
RIN 2502-A172


Manufactured Home Construction and Safety Standards, Test 
Procedures for Roof Trusses

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Final rule.

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SUMMARY: This final rule amends the roof truss testing procedures in 
the Federal Manufactured Home Construction and Safety Standards by 
adopting certain recommendations made by the Manufactured Home 
Consensus Committee (MHCC), as modified by HUD. Pursuant to the 
National Manufactured Housing Construction and Safety Standards Act of 
1974, HUD published a recommendation submitted by MHCC to revise the 
existing roof truss testing procedures in 2003. In response to public 
comments, HUD returned the proposal to MHCC for further evaluation. 
After further consideration, MHCC submitted to HUD an amended version 
of its original proposal on roof truss testing. HUD was in agreement 
with the majority of MHCC's revised recommendations on roof truss 
testing which were published as a proposed rule on June 16, 2010. Many 
of MHCC's recommendations are included in this final rule. HUD 
identifies MHCC's proposals that were not accepted, or that were 
modified in light of public comments received or upon further 
evaluation, and provides its reasons for not accepting or for modifying 
these proposed revisions.

DATES: Effective Date: January 13, 2014.

FOR FURTHER INFORMATION CONTACT: Henry S. Czauski, Acting Deputy 
Administrator, Office of Manufactured Housing Programs, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 9164, Washington, DC 20410-8000; telephone number 202-708-
6409 (this is not a toll-free telephone number). Persons with hearing 
or speech impairments may access this number through TTY by calling the 
toll-free Federal Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    The National Manufactured Housing Construction and Safety Standards 
Act of 1974 (42 U.S.C. 5401-5426) (the Act) authorizes HUD to establish 
the Federal Manufactured Home Construction and Safety Standards 
(Construction and Safety Standards), codified in 24 CFR part 3280. The 
Act was amended by the Manufactured Housing Improvement Act of 2000 
(Pub. L. 106-569), which expanded the Act's purposes and created MHCC. 
Congress established MHCC to provide periodic recommendations to the 
Secretary to adopt or revise provisions of the Construction and Safety 
Standards.
    In 2002, MHCC began considering revisions to the Construction and 
Safety Standards and, in 2003, recommended revisions to the current 
requirements for roof truss testing.\1\ Those recommendations were 
included in HUD's proposed rule to amend the Construction and Safety 
Standards, published in the Federal Register on December 1, 2004 (69 FR 
70016). After considering public comment received on the proposed rule, 
HUD returned the proposal on truss testing procedures to MHCC. As 
indicated in the preamble of HUD's final rule published in the Federal 
Register on November 30, 2005 (70 FR 72024), which followed the 
December 1, 2004, proposed rule, HUD stated that truss testing 
procedures are too important a safety consideration to leave 
unaddressed. In returning the rule, HUD also stated that the standards 
had not been modified in a number of years and needed to be examined to 
determine whether they were adequate to protect homeowners in all 
geographic areas of the country. HUD's review of damage assessments 
following Hurricane Charley reinforced its conclusion regarding the 
need for the MHCC to ensure that truss testing procedures were updated 
and adequate to protect homeowners from roof and structural damage 
accompanying high wind events.
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    \1\ A truss is a triangular structure used to support a roof. 
Multiple trusses are used to assemble the framework for a roof.
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    HUD requested MHCC to work expeditiously to reevaluate and resubmit 
new proposals for truss testing procedures. As a result, the Truss Test 
Task Force of MHCC's Standards Subcommittee was established. Five 
teleconferences of this task force were held, and the full MHCC held 
two teleconferences to review and vote on new truss testing procedures. 
HUD worked closely with MHCC throughout the review and reevaluation 
process, and agreed with the majority of the proposals to strengthen 
the truss testing procedures made by MHCC, but made editorial revisions 
and modified the

[[Page 4061]]

MHCC's proposal on uplift testing. Those recommendations and 
modifications were included in a proposed rule published in the Federal 
Register on June 16, 2010 (75 FR 34064). After careful review of the 
public comments received in response to the proposed rule, HUD made 
additional editorial and other revisions and further modified the 
MHCC's proposal regarding uplift testing. HUD's additional revisions in 
response to public comment are reflected in this final rule.
    As a result of this final rule, the required truss testing 
procedures reflect the current industry standards and methods by which 
trusses are tested by truss fabricators. These procedures also provide 
flexibility in testing by reducing the amount of time required for the 
proof load test. Most importantly, they improve the performance and 
safety of trusses in high wind areas and high snow load areas, and 
ultimately reduce property damage and prevent injury and loss of life 
resulting from high wind events such as hurricanes and tropical storms, 
as well as injuries and deaths that occur from collapsed roofs under 
heavy loads. Table A identifies the changes made to the truss testing 
standards as a result of this final rule.

          Table A--Comparison of Roof Truss Testing Procedures
------------------------------------------------------------------------
   Previous testing requirements         Revised testing requirements
------------------------------------------------------------------------
     Snow loads/vertical loads            Snow loads/vertical loads
------------------------------------------------------------------------
Proof Load: 1.75/12 hours or         Proof Load: 1.75/12 hours or 2.0/6
 Ultimate Load: 2.5/5minutes.         hours or Ultimate Load: 2.5/
                                      5minutes.
------------------------------------------------------------------------
         Wind Uplift Loads                    Wind Uplift Loads
------------------------------------------------------------------------
* Wind Zone I: 1.75/3 hours--        Wind Zone I: 2.50/1 minute--
 inverted.                            inverted.
* Wind Zone I: 1.75/3 hours--        Wind Zone I: 1.75/1 minute--
 upright.                             upright.
* Wind Zones II/III: 1.75/3 hours -- Wind Zones II/III: 2.0/1 minute--
 inverted.                            inverted.
* Wind Zones II/III: 1.75/3 hours--  Wind Zones II/III: 1.75/1 minute--
 upright.                             upright.
------------------------------------------------------------------------
* Note--The previous standards do not specify either the inverted or
  upright uplift load test method. Therefore, either method was
  acceptable under the existing standards and most roof truss designs
  were certified using the inverted/nonconservative roof truss testing
  procedure.

II. Analysis of Public Comments

    The public comment period on the proposed rule closed August 16, 
2010, and 12 public comments were received in response to the proposed 
rule. Comments were submitted by suppliers of roof trusses, 
manufactured home producers, a Design Approval Primary Inspection 
Agency, and two manufactured housing trade associations. All public 
comments can be found and reviewed at www.regulations.gov.

A. The Comments Generally

    Comment: Generally, the commenters expressed various concerns about 
HUD's proposed changes to the roof truss testing requirements. In 
particular, the commenters questioned the need to requalify and retest 
all existing roof truss designs based on past truss performance under 
snow and wind loading. They also expressed concerns on significant cost 
increases to consumers and the estimated time (18 months) needed to 
requalify and retest all roof truss designs (there are approximately 
1,500 existing truss designs, as estimated by a major truss supplier) 
currently used by manufactured home producers that would result from 
implementation of the proposed rule.
    HUD Response: HUD agrees that the risk against truss failure in 
snow load areas is minimal based on past performance. As a result, the 
final rule limits the retesting to new truss designs in all three wind 
zones, and to the estimated 150 existing truss designs used in high 
wind areas (Wind Zones II and III) where the reliability and enhanced 
protection is needed to mitigate against future wind damage and to 
enhance wind safety in manufactured homes. HUD is also delaying 
implementation for 12 months to provide manufacturers sufficient time 
to retest existing trusses for Wind Zones II and III and minimize 
disruption to the availability of qualifying trusses. HUD acknowledges 
that wind damage to homes produced to meet its high wind standards has 
been reduced in wind events that have occurred since the implementation 
of the high wind requirements. However, while the damage to those homes 
has been relatively minimal, questions remain about the intensity of 
the windstorms and whether they were considered to be design wind 
events or were at lower wind speeds than required to be resisted by the 
standards.
    Comment: Commenters also questioned the need to eliminate the 
inverted test procedure currently being used to assess uplift 
resistance of roof trusses in high wind areas. One commenter (a truss 
supplier) recommended that a higher factor of safety or overload of 2.0 
times the design live load should be used to conduct inverted uplift 
roof truss testing and indicated that it would provide a close 
approximation to the overload proposed by HUD for the upright uplift 
wind test of 1.75 times the design live load.
    HUD Response: HUD agrees with the commenter. As a result, the final 
rule allows the use of either upright or inverted testing for Wind 
Zones II or III, with a higher factor of safety of 2.0 for inverted 
testing, provided additional initial tests are used to qualify the 
design, and more frequent follow-up testing to verify continued truss 
performance under production conditions.
    Comment: Commenters questioned the cost impact of increasing the 
overload factor of safety from 1.75 times the design live load for 12 
hours to 2.0 times the design live load for 6 hours for the proof load 
test procedure in the proposed rule.
    HUD Response: HUD recognizes this issue and, in the final rule, 
allows both the 2.0 overload/6 hour test and the 1.75/12 hour test to 
be used for evaluating roof trusses under the proof load test 
procedure.

B. Specific Issues for Comment

    Question 1: Under the proposed rule, the proof load test or the 
ultimate load test can be used to qualify trusses in high snow load 
areas. Should the more stringent and reliable ultimate load test 
procedure be required only to qualify roof trusses designed for use in 
high snow load areas, such as the North and Middle Roof Load Zones, 
where the risk of roof and truss failure is greater?

[[Page 4062]]

    Comment: The commenters indicated that HUD should maintain the 
option to use either test method in all roof load zones and that HUD 
should not adopt different requirements for North and South roof load 
zones because of past performance history of roof trusses in high snow 
load areas.
    HUD Response: HUD agrees with the commenters and has not specified 
roof load zones for which the proof load or ultimate load test 
procedure must be used in the final rule.
    Question 2: Should the spacing between hydraulic or pneumatic 
cylinders for the test fixture be increased from 12 inches to 24 inches 
in Figures 3280.402(b)(1) and 3280.402(b)(3)? Should the distance 
between friction pads along the top chord of the truss of the test 
fixture be increased from 6 inches to 12 inches in Figure 
3280.402(b)(1)? Should the distance between 1-inch straps attached 
around the cylinder shoe and the top chord of the truss of the test 
fixture be increased from 6 inches to 12 inches in Figure 
3280.402(b)(3)?
    Comment. The commenters indicated that the loading cylinders should 
be maintained at 12 inches and that the loading shoes should be 6 
inches long with loading pads at each end to provide a more realistic 
simulation of a uniformly distributed loading upon the truss.
    HUD Response: HUD agrees with the commenters that the cylinders 
spacing needs to be maintained at 12 inches to more closely simulate 
uniform loading of the truss, and the loading shoes need to be 6 inches 
long with loading pads at each end, and has specified these 
requirements in the final rule.
    Question 3: Should the overload period for all wind uplift tests be 
increased from 1 minute to 3 hours, as is currently required for uplift 
tests in the standards for the inverted test procedure?
    Comment: The commenters recommended that the 1-minute overload time 
is adequate since wind pressures are based on a 3-second peak gust.
    HUD Response: HUD agrees with the commenters and a 1-minute 
overload time is now permitted for all uplift tests required by the 
final rule.
    Question 4: Should a wind uplift test always be required for 
trusses qualified for use in Wind Zone I instead of allowing the 
determination to be made by a Registered Engineer or Registered 
Architect or independent third-party agency that is certifying the 
design?
    Comment: The commenters indicated that a registered design 
professional will possess the necessary knowledge and experience to 
decide if a wind uplift test is needed in Wind Zone I, especially since 
the design load requirements are low compared to meeting the overload 
requirements for vertical downward snow or gravity loading.
    HUD Response: HUD agrees with the commenters that a registered 
design professional has the knowledge and experience to determine if a 
wind uplift test is needed for Wind Zone I, and the final rule allows 
for such determinations to be made.

III. Changes to the Proposed Rule, in This Final Rule

    After considering the issues raised by the commenters and HUD's own 
evaluation of issues related to this final rule, HUD is making the 
following specific changes to the June 16, 2010, proposed rule and 
current roof truss testing requirements in Sec.  3280.402 of the 
Construction and Safety Standards.
    1. In Sec.  3280.402(a), upon the effective date of the rule, 
testing procedures will be required for new roof truss designs in all 
three wind zones and for existing truss designs used in high wind areas 
(Wind Zones II and III).
    2. In Sec.  3280.402(d)(1), the proof load test (formally known as 
the non-destructive test procedure) contains both the proposed test 
method (2.0 times the design live load for 6 hours) as well as the 
existing non-destructive test method (1.75 times the design live load 
for 12 hours). Three consecutive tests of truss assemblies made with 
average quality materials and workmanship must meet all acceptance 
criteria, including new deflection limits for dead load, in order for 
the truss design to be acceptable.
    3. In Sec.  3280.402(d)(2), the ultimate load test procedure (2.5 
times the design live load for 5 minutes) requires that two consecutive 
tests of truss assemblies made with average quality workmanship and 
materials meet all acceptance criteria, including new deflection limits 
for dead load, in order for the truss design to be acceptable.
    4. In Sec.  3280.402(d)(3), the final rule requires that for new 
truss designs to be used in Wind Zone I, when deemed necessary by a 
Professional Engineer or Registered Architect, at least one truss must 
meet all acceptance criteria and sustain 2.5 times the net design 
uplift load (22.5) for the inverted test procedure or 1.75 times the 
design uplift load (15.75) for at least 1 minute. For Wind Zone I, this 
results in an increase in the factor of safety from 1.75 to 2.5 for 
trusses tested for uplift in the inverted position, maintains the 
current factor of safety for uplift testing at 1.75 for trusses tested 
in the upright position, and reduces the period of overload testing 
from 3 hours to 1 minute for both test methods. For roof trusses 
designed to be used in Wind Zones II and III, both the currently 
utilized inverted test method and new upright test method may be used 
for conducting the wind uplift load test. However, there are different 
factors of safety and the number of tests required for each test 
procedure. For the inverted test method (load applied to the bottom 
chord of the truss), three consecutive tests must meet all acceptance 
criteria and sustain at least 2.0 times the design uplift load for 1 
minute. For the upright test method (load applied to the top chord of 
the truss), two consecutive tests must meet all acceptance criteria and 
sustain 1.75 times the design live load for 1 minute.
    5. In Sec.  3280.402(e), the follow-up testing procedures and in-
house quality control program requirements have been clarified for both 
manufacturers of roof trusses and for home manufacturers producing roof 
trusses for their own use. In addition, one truss test is to be 
conducted after the first 100 trusses have been produced, with a 
subsequent test for every 2,500 trusses qualified by either the proof 
load test procedure or by the inverted test procedure. One truss test 
will also be required for every 4,000 trusses produced, for trusses 
qualified under the ultimate load procedure or the upright uplift test 
procedure.
    6. For consistency within 24 CFR part 3280, HUD is substituting 
reference to a nationally recognized testing laboratory for the 
reference to an independent third-party agency throughout this rule.

IV. Modifications to MHCC Recommendations

    After reviewing the proposed recommendations for the revised truss 
testing procedures recommended by MHCC, HUD had concerns regarding one 
of MHCC's recommendations for uplift load testing. In the proposed rule 
published on June 16, 2010, HUD solicited comments from the public on 
both MHCC's recommendation as submitted to HUD, and HUD's modification 
of its recommendation in the proposed rule, and is further modifying 
MHCC's recommendation for uplift load testing.

HUD's Further Modifications to MHCC's Proposed Revision to Sec.  
3280.402(d)(3)

    Based on the review of comments received from the public, HUD is 
further modifying the recommendation from MHCC on uplift testing, 
because MHCC's overload provisions for uplift load tests in the 
inverted position were deemed to be too conservative. HUD

[[Page 4063]]

now agrees with MHCC that either test method, inverted or upright, 
should be permitted to evaluate uplift resistance of trusses designed 
to be used in Wind Zones II and III. However, this final rule requires 
that three consecutive trusses be successfully tested utilizing an 
overload factor of safety of 2.0 for trusses evaluated using the 
inverted test method. HUD's modification for upright testing is based 
in part on the findings of a study conducted by the National 
Association of Home Builders Research Center (NAHB-RC), ``Comparison of 
Methods for Wind Uplift Load Testing of Roof Trusses for Manufactured 
Housing,'' and the requirements of the National Fire Protection 
Association (NFPA) consensus process related to uplift testing. In 
particular, the NAHB-RC study found that trusses tested in the inverted 
position failed at higher loads, had smaller mid-span deflections, and 
experienced different fail modes than trusses tested in the upright 
position. This is because the difference in truss orientation results 
in the uplift load being applied by pulling up on the top chord of the 
truss in the upright position (in the manner in which the wind would 
apply load to the trusses), while, in the inverted position, the uplift 
load is applied by pushing down on the bottom chord of the truss.
    The regulatory language submitted by MHCC on this section, 
including introductory language that has not been modified but which 
provides context for MHCC's language, is as follows:
* * * * *
    (d) * * *
    (3) Uplift Load Tests. Each truss design must also pass all 
requirements of the uplift load test, as applicable, in paragraph 
(i) or (ii) and paragraphs (iii) and (iv) of this section.
* * * * *
    (iii) Trusses designed for use in Wind Zone I, when tested [see 
(i) above], must be tested in either the inverted position to 2.5 
times the net wind uplift load or in the upright position to 1.75 
times the net wind uplift load. Trusses designed for use in Wind 
Zones II and III must be tested in the inverted position to 2.5 
times the uplift load, minus the dead load, or to 1.75 times the 
uplift load, minus the dead load in the upright position. [See 
Figure 3280.402(b)(3)].
    (iv) The following describes how to conduct the uplift test with 
the truss in the upright position. Similar procedures must be used 
if conducting the test in the inverted position.
* * * * *
    (D) Continue to load the truss to 1.75 times the net uplift load 
and maintain the full load for 1 minute. (When tested in the 
inverted position, continue to load the truss to 2.5 times the net 
uplift load and maintain the load for 3 hours.) See paragraph (i) 
for the net uplift load in Wind Zone I and paragraph (ii) for the 
uplift load for Wind Zones II and III. Regardless of the test 
position of the truss, upright or inverted, trusses maintain the 
overload for the specified time period without rupture, fracture, or 
excessive yielding.
* * * * *

V. Findings and Certifications

Regulatory Review--Executive Orders 12866 and 13563

    Under Executive Order 12866 (Regulatory Planning and Review), a 
determination must be made whether a regulatory action is significant 
and, therefore, subject to review by the Office of Management and 
Budget (OMB) in accordance with the requirements of the order. 
Executive Order 13563 (Improving Regulations and Regulatory Review) 
directs executive agencies to analyze regulations that are ``outmoded, 
ineffective, insufficient, or excessively burdensome, and to modify, 
streamline, expand, or repeal them in accordance with what has been 
learned. Executive Order 13563 also directs that, where relevant, 
feasible, and consistent with regulatory objectives, and to the extent 
permitted by law, agencies are to identify and consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public.
    The Office of Management and Budget (OMB) reviewed this rule under 
Executive Order 12866. This rule was determined to be a ``significant 
regulatory action,'' as defined in section 3(f) of the Order (although 
not an economically significant regulatory action under the Order). 
This rule would affect costs for manufactured home manufacturers.
    As discussed in this preamble, this rule would amend the required 
truss testing procedures of the Federal Manufactured Home Construction 
and Safety Standards to current industry methods and equipment in order 
to improve the performance and safety of trusses in high wind areas and 
to enhance the reliability and durability of trusses. Specifically, 
this rule would modify upright or inverted test procedures in high wind 
areas in order to prevent premature failures of trusses. This rule also 
would modify the current non-destructive test procedure to require a 
higher factor of safety and reduces the time required to conduct the 
test as well as the follow-up testing intervals. In response to public 
comments, this final rule will not require retesting of existing truss 
designs for manufactured housing located in Wind Zone I, which was 
included in the proposed rule. The final rule will only require testing 
of new roof truss designs to be used in Wind Zone I and only require 
testing for uplift resistance in Wind Zone I when required by a 
Professional Engineer or Registered Architect. Based on HUD's review of 
this final rule, HUD has determined that this final rule imposes one-
time costs totaling $0.075 million and discounted production costs 
ranging from $4.8 million, assuming a 7 percent discount rate, to $7.4 
million, assuming a 3 percent discount rate. Although difficult to 
predict, the discounted benefits of the rule, including prevented 
damage, injury and loss of life, are expected to exceed the costs 
imposed by this rule. Avoiding one death in the first year, for 
example, would offset the 30-year discounted costs by 83 percent, 
assuming the 3 percent discount rate, and offset the costs by 126 
percent; i.e., exceed the costs, assuming the 7 percent discount rate. 
If one death was avoided at the end of the 30-year period, the 
discounted benefits from the prevented loss of life alone, not 
including damage prevented, would account for 35 percent of the 
increased costs, using a 3 percent discount rate, or 18 percent, 
assuming a 7 percent discount rate. Similarly, while the number and 
strength of high wind events make it difficult to provide an exact 
estimate, the benefits of the rule would offset costs if 44 percent of 
estimated property damage was prevented. Overall, HUD has determined 
that the total impact of this rule will not exceed the $100 million 
threshold as provided by Executive Order 12866.
    The cost of this rule includes (1) a one-time retesting of existing 
truss designs used in Wind Zones II and III, (2) redesign costs of 
existing designs that do not meet the new testing requirements of this 
final rule, and (3) an increase in annual production costs. These costs 
are evaluated with respect to wind zone classifications. Wind Zone I 
homes have the least stringent construction standards and Wind Zone III 
homes have the most stringent construction standards. Approximately 90 
percent of the units produced annually are constructed to Wind Zone I 
standards and would not be subject to the retesting requirement.
    HUD estimates that there are approximately 150 truss designs in use 
for Wind Zones II and III, and that the cost of retesting, 
recertifying, and redesigning the truss designs will cost producers 
approximately $500 per truss design. As a result, the total cost of 
retesting, re-certifying, and redesigning truss designs for Wind Zones 
II and III is assessed to be $75,000 based on current production levels 
of 4,620 shipments.

[[Page 4064]]

    In order to meet the testing standards provided by this final rule, 
HUD expects that 75 percent of the designs currently used for Wind 
Zones II and III will require modification. The increased construction 
cost to meet the new standards is estimated at $1.00 per truss. Based 
on an average of 51 trusses per transportable section in Wind Zones II 
and III, and 1.64 transportable sections per home, the annual increase 
in truss construction costs total $289,170 (7,560 transportable 
sections * 51 trusses per section * $1.00 increase in production cost * 
75 percent of trusses produced). Over a 30-year period, the discounted 
value of the increase in production costs total $4.8 million, assuming 
a 7 percent discount rate, or $7.4 million, assuming a 3 percent 
discount rate.
    With respect to benefits, this final rule will make manufactured 
housing less susceptible to wind damage and downward pressure by 
enhancing roof construction. The wind damage enhancements protect 
against high wind events such as hurricanes and tropical storms. Such 
damage to the manufactured home ranges from complete failure of the 
truss, in which the truss completely separates from the house section, 
to localized failure or minor separation that leads to progressive 
structural damage and damage from water entry. Complete failure of the 
truss not only destroys the home itself, but in high wind events, can 
result in ``missile'' damage to adjoining structures. Even minor 
localized failure can over time lead to complete failure and eventually 
result in ``missile'' damage in a later, perhaps weaker, wind event. In 
addition, there will be less collateral damage to housing and other 
structures adjacent to manufactured housing.
    Quantifying the benefits of this rule, however, is difficult due to 
the high annual variance in frequency and force of storms. Further, 
there is virtually no detailed information concerning cost estimates of 
damaged manufactured homes from strong wind or snow events. However, it 
is possible to produce a reasonable, conservative estimate of property 
damage that could be avoided due to the requirements in this final 
rule. Due to the uncertainty of the occurrence and severity of natural 
disasters, a range of expected benefits are presented. However, the 
estimates below only represent a partial valuation of the expected 
benefits since it is not possible to estimate the damage occurring from 
heavy snow storms.
    Based on 2008 housing data from the U.S. Postal Service \2\ and the 
Census Bureau's Survey of Manufactured Housing, newly shipped 
manufactured housing accounts for 0.076 percent of the total housing 
stock in states prone to hurricane strikes. An approximation of the 
damage occurring to manufactured housing totals $836,634 ($1,194,4 
million * 0.076 percent). The discounted value of the annual damage 
over 30 years is $11.1 million, assuming a 7 percent discount rate, or 
$16.9 million, assuming a 3 percent discount rate. The higher standards 
resulting from the tests required by this final rule would prevent a 
portion of this damage, although the annual variability in the number 
and strength of high wind events makes it difficult to provide a 
precise estimate. In order for the benefits to exactly offset the costs 
imposed by this rule, 44 percent of the damage would need to be 
prevented This percentage should not be considered a maximum, as it 
does not include damage from other types of weather events, such as 
heavy snowfall, or prevented deaths, which is also discussed below.
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    \2\ See http://www.huduser.org/datasets/usps.html.
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    In addition to the improved safety in high wind events, the 
increased reliability of trusses that result from this rule will also 
benefit areas receiving high snowfall. Homes located in high snow load 
areas are susceptible to collapse in heavy snow storms. The new testing 
standards will decrease the number of such occurrences as new trusses 
are designed. Although no data exists on the amount of property damage 
due to such events, especially to manufactured housing, it is 
reasonable to assume that additional benefits would accrue to owners of 
manufactured housing as a result of this final rule.
    In addition to avoiding property damage, this rule will also 
prevent injuries and deaths that occur during hurricanes, tropical 
storms, and other high wind events; although it is difficult to 
estimate the number of injuries and deaths that would be prevented, it 
is reasonable to expect that deaths and injuries would decrease in 
response to this final rule. Government estimates of the value of a 
human life range from $6.2 million used by the Department of 
Transportation (DOT) to $9.1 million used by the Environmental 
Protection Agency (EPA). HUD uses the DOT estimate in the current 
analysis. Avoiding one death in the first year would offset the 30-year 
discounted cost by 83 percent, assuming the 3 percent discount rate, 
and offset the costs by 126 percent; i.e., exceed the costs, assuming 
the 7 percent discount rate. If one death was avoided at the end of the 
30-year period, the discounted benefits from the prevented loss of life 
alone, not including damage prevented, would account for 35 percent of 
the increased costs, using a 3 percent discount rate, or 18 percent 
assuming a 7 percent discount rate.
    In summary, this final rule will impose one-time costs totaling 
$75,000, and discounted production costs ranging from $4.8 million to 
$7.4 million. Although difficult to predict, the discounted benefits, 
including prevented damage and prevented injury and loss of life, are 
expected to exceed the costs imposed by this rule. Overall, the total 
impact of this rule will not exceed the threshold of $100 million as 
required by Executive Order 12866.
    The docket file is available for public inspection in the 
Regulations Division, Office of General Counsel, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 10276, Washington, DC 
20410-0500. Due to security measures at the HUD Headquarters building, 
please schedule an advance appointment to review the public comments by 
calling the Regulations Division at 202-402-3055 (this is not a toll-
free number). Individuals with speech or hearing impairments may access 
this number through TTY by calling the Federal Information Relay 
Service at 1-800-877-8339.

Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR part 50, 
which implement section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)). That finding is available for 
public inspection between the hours of 8 a.m. and 5 p.m. weekdays in 
the Regulations Division, Office of General Counsel, Department of 
Housing and Urban Development, 451 7th Street, SW., Room 10276, 
Washington, DC 20410-0500. Due to security measures at the HUD 
Headquarters building, please schedule an appointment to review the 
finding by calling the Regulations Division at 202-708-3055 (this is 
not a toll-free number).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
This rule would regulate establishments primarily

[[Page 4065]]

engaged in making manufactured homes under North American Industry 
Classification Standard (NAICS) 32991. The Small Business 
Administration's size standards define as small an establishment 
primarily engaged in making manufactured homes if it does not exceed 
500 employees. Of the 123 manufactured home operations included under 
this NAICS definition, 55 are small manufacturers that fall below the 
small business threshold of 500 employees. The rule would apply to all 
of the manufacturers and would, therefore, affect a substantial number 
of small entities. For the reasons stated below, HUD knows of no 
instance in which a manufactured home manufacturer with fewer than 500 
employees would be significantly affected by this rule.
    HUD, with the concurrence of MHCC, conducted an economic cost 
impact analysis for this rule. A copy of the analysis is available for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
Regulations Division, Office of General Counsel, Department of Housing 
and Urban Development, 451 7th Street, SW., Room 10276, Washington, DC 
20410-0500. The analysis determined the average potential cost impact, 
based on a per-home cost, to be approximately $8, multiplied by an 
estimated number of 46,000 homes produced in a year, which equals about 
$364,000 annually. The estimated average per-home cost in Wind Zone II 
and Wind Zone III is $79, based on an annual production estimate of 
4,600 manufactured homes. This does not represent a significant 
economic effect on either an industry-wide or per-unit basis.
    These two relatively small increases in cost would not impose a 
significant burden for a small business involved in the production of 
homes that typically cost the purchaser between $40,000 and $100,000. 
Therefore, although this rule would affect a substantial number of 
small entities, it would not have a significant economic impact on 
them. Accordingly, the undersigned certifies that this rule will not 
have a significant economic impact on a substantial number of small 
entities.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from promulgating a rule that has federalism implications if the rule 
either imposes substantial direct compliance costs on state and local 
governments and is not required by statute, or the rule preempts state 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive Order. This rule does not have federalism 
implications and does not impose substantial direct compliance costs on 
state and local governments nor preempt state law within the meaning of 
the Executive Order.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) (UMRA) establishes requirements for federal agencies to 
assess the effects of their regulatory actions on state, local, and 
tribal governments and on the private sector. This rule does not impose 
any federal mandates on any state, local, or tribal governments or the 
private sector within the meaning of UMRA.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number for Manufactured 
Home Construction and Safety Standards is 14.171.

List of Subjects in 24 CFR Part 3280

    Housing standards, Manufactured homes.

    Accordingly, for the reasons stated in the preamble, HUD amends 24 
CFR part 3280 to read as follows:

PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

0
1. The authority citation for part 3280 continues to read as follows:

    Authority:  42 U.S.C. 3535(d), 5403, and 5424.


0
2. Revise Sec.  3280.402 to read as follows:


Sec.  3280.402  Test procedures for roof trusses

    (a) Roof load tests. This section provides the roof truss test 
procedure for vertical loading conditions. Where roof trusses act as 
support for other members, have eave or cornice projections, or support 
concentrated loads, roof trusses must also be tested for those 
conditions. These test procedures are required for new truss designs in 
all three wind zones and for existing truss designs used in Wind Zones 
II and III.
    (b) General. Trusses must be tested in a truss test fixture that 
replicates the design loads, and actual support points, and does not 
restrain horizontal movement. When tested singly or in groups of two or 
more trusses, trusses shall be mounted on supports and positioned as 
intended to be installed in the manufactured home in order to give the 
required clear span distance (L) and eave or cornice distance (Lo), if 
applicable, as specified in the design.
    (l) When trusses are tested singly, trusses shall be positioned in 
a test fixture, with supports properly located and the roof loads 
evenly applied. See Figure 3280.402(b)(1).

[[Page 4066]]

[GRAPHIC] [TIFF OMITTED] TR18JA13.001

    (2) When tested in groups of two or more, the top chords are 
permitted to be sheathed with nominal 1/4-inch x 12-inch plywood 
strips. The plywood strips shall be at least long enough to cover the 
top chords of the trusses at the designated design truss spacing. 
Adjacent plywood strips shall be separated by at least 1/8-inch. The 
plywood strips shall be nailed with 4d nails or equivalent staples no 
closer than 8 inches on center along the top chord. The bottom chords 
of the adjacent trusses shall be permitted to be one of the following:
    (i) Unbraced; or
    (ii) Laterally braced together (not cross-braced) with 1-inch x 2-
inch stripping no closer than 24 inches on center, nailed with only one 
8d nail at each truss. See Figure 3280.402(b)(2).
[GRAPHIC] [TIFF OMITTED] TR18JA13.002


[[Page 4067]]


    (c) Measuring and loading methods. Deflections must be measured at 
the free end of an eave or cornice projection and at least at the truss 
mid-span and quarter points. Scissors or other unique truss 
configurations are to be measured at as many additional bottom chord 
panel points as necessary to obtain an accurate representation of the 
deflected shape of the truss so as to be able to locate and record the 
point(s) of maximum deflection. Deflections must be read and recorded 
relative to a fixed reference datum. Deflections must be read and 
recorded to the nearest 1/32-inch. Dead load must be applied to the top 
and bottom chord, and live load must be applied to the top chord 
through a suitable hydraulic, pneumatic, or mechanical system or 
weights to simulate design loads. Load unit weights for uniformly 
distributed top chord loads must be separated so that arch action does 
not occur and be spaced not more than 12 inches on center so as to 
simulate uniform loading. Bottom chord loading must be spaced as 
uniformly as practical. Truss gravity loads must be calculated based on 
the overall truss length (horizontal projection), including eave or 
cornice projections.
    (d) Testing procedures. Either the testing method in paragraph 
(d)(1) or (d)(2) of this section may be used, however, the testing 
method in paragraph (d)(3) of this section must be used, to test 
trusses to establish compliance with the provisions of these standards.
    (1) Proof load truss test procedure. At least three average 
quality/consecutively tested trusses must pass all requirements of the 
test, for initial qualification of the truss design. All tests for 
initial qualification of the truss designs evaluated by this procedure 
must be certified by a Registered Engineer or Architect, or by a 
nationally recognized testing laboratory. An in-house quality control 
and follow-up testing program (see paragraphs (e) and (f) of this 
section) must be approved prior to entering production of any truss 
design evaluated by this procedure.
    (i) Dead load. Measure and record initial elevation of the truss or 
trusses in the test position at no load. Apply to the top and bottom 
chords of the truss dead loads that are representative of the actual 
weights of materials to be supported by the truss. However, the dead 
load may only be applied as indicated in paragraph (e)(4) of this 
section for ongoing follow-up testing. Dead loads to be applied to the 
truss test assembly are permitted to include only the weights of 
materials supported by the truss and not the weight of the truss 
itself. However, readings from load cells (when used) on which the test 
truss rests must reflect the sum of the applied load plus the weight of 
the truss. Apply dead loads and hold for 5 minutes. Measure and record 
the deflections.
    (ii) Live load. Maintaining the dead loads, apply live load to the 
top chord in approximate \1/4\ live load increments until dead load 
plus the live load is reached. Measure and record the deflections no 
sooner than one minute after each \1/4\ live load increment has been 
applied and 5 minutes after the full live load has been reached.
    (iii) Initial recovery phase. Remove the design live load but not 
the dead load. Measure and record the deflections 5 minutes after the 
total live load has been removed.
    (iv) Continue to load the truss to:
    (A) Dead load plus 2.0 times the design live load. Maintain this 
loading for 6 hours and inspect the truss for failure. Failure is 
rupture, fracture, or excessive yielding; or
    (B) Dead load plus 1.75 times the design live load. Maintain this 
loading for 12 hours and inspect the truss for failure. Failure is 
rupture, fracture, or excessive yielding.
    (v) Final recovery phase. Remove 2.0 times the design live load, 
but not the dead load or 1.75 times the design live load, but not the 
dead load. Measure and record deflections within 4 hours after removing 
2.0 times the design live load or 1.75 times the design live load.
    (vi) Acceptance criteria. The truss design is acceptable if all of 
the following conditions are met:
    (A) The maximum deflection between no load and dead load must be L/
480 or less for simply supported clear spans and Lo/180 or less for 
eave and cornice projections; and
    (B) The maximum deflection between dead load and design live load 
must be L/180 or less for simply supported clear spans and Lo/90 or 
less for eave and cornice projections; and
    (C) After the design live load is removed, and with the dead load 
still applied, the maximum recovery deflection must be L/360 or less 
for simply supported spans and Lo/180 or less for eave and cornice 
projections; and
    (D) The truss must maintain the overload condition for 6 hours 
without rupture or fracture, or excessive yielding; and
    (E) After 2.0 times the design live load has been removed, and with 
the dead load still applied, the maximum recovery deflection must be L/
180 or less for simply supported clear spans and Lo/90 or less for eave 
and cornice projections; and
    (F) As applicable, each truss design must also meet all 
requirements for uplift loads required by paragraph (d)(3) of this 
section. For Wind Zone I uplift load requirements, see paragraph 
(d)(3)(i) of this section. For Wind Zones II and III uplift load 
requirements, see paragraph (d)(3)(ii) of this section.
    (2) Ultimate load truss test procedure. (i) At least two average 
quality/consecutively tested trusses must pass all requirements of the 
test, for initial qualification of the truss design. All tests for 
initial qualification of the truss designs evaluated by this procedure 
must be certified by a Registered Engineer or Architect, or by a 
nationally recognized testing laboratory. An in-house quality control 
and follow-up testing program (see paragraph (e) and (f) of this 
section) must be approved prior to entering production of any truss 
design evaluated by this procedure.
    (ii) Dead load. Measure and record initial elevation of the truss 
or trusses in the test position at no load. Apply to the top and bottom 
chords of the truss dead loads that are representative of the actual 
weights of materials to be supported by the truss. However, the dead 
load may only be applied as indicated in paragraph (e)(4) of this 
section for ongoing follow-up testing. Dead loads to be applied to the 
truss test assembly shall be permitted to include only the weights of 
materials supported by the truss, and not the weight of the truss 
itself. However, readings from load cells (when used) on which the test 
truss rests must reflect the sum of the applied load plus the weight of 
the truss. Apply dead loads and hold for 5 minutes. Measure and record 
the deflections.
    (iii) Live load. Maintaining the dead loads, apply live load at a 
uniform rate to the top chord in approximate \1/4\ live load increments 
until the dead load plus the live load is reached. Measure and record 
the deflections no sooner than one minute after each \1/4\ live load 
increment has been applied and 5 minutes after the full live load has 
been reached.
    (iv) Initial recovery phase. Remove the design live load but not 
the dead load. Measure and record the deflections 5 minutes after the 
design live load has been removed.
    (v) Overload phase. After the recovery phase is completed, reapply 
the full live load to the truss assembly. Additional loading shall then 
be applied continuously until the dead load plus 2.5 times the design 
live load is reached. This overload condition must be maintained for at 
least 5 minutes.
    (vi) Final recovery phase. Remove 2.5 times the design live load 
but not the

[[Page 4068]]

dead load. Measure and record deflections within 4 hours after 2.5 
times the design live load has been removed.
    (vii) Acceptance criteria. The truss design is acceptable if all of 
the following conditions are met:
    (A) The maximum deflection between no load and dead load must be L/
480 or less for simply supported clear spans and Lo/180 or less for 
eave and cornice projections; and
    (B) Dead load to design live load deflections shall be L/180 or 
less for simply supported clear spans and Lo/90 or less for eave and 
cornice projections; and
    (C) After the design live load is removed and with the dead load 
still applied, the maximum recovery deflection must be L/360 or less 
for simply supported spans and Lo/180 or less for eave and cornice 
projections; and
    (D) The truss shall maintain the overload condition for 5 minutes 
without rupture, fracture, or excessive yielding; and
    (E) After 2.5 times the design live load is removed, and with the 
dead load still applied, the truss must recover to at least L/180 for 
simply supported clear spans and Lo/90 for eave and cornice within 4 
hours after the total live load has been removed; and
    (F) As applicable, each truss design must also meet all 
requirements for uplift loads in Wind Zone I or Wind Zone II and III, 
as required by paragraph (d)(3) of this section. For Wind Zone I uplift 
load requirements, see paragraph (d)(3)(i) of this section. For Wind 
Zones II and III uplift load requirements, see paragraph (d)(3)(ii) of 
this section.
    (3) Uplift load tests. Each truss design must also pass all 
requirements of the uplift load test, as applicable, in paragraph 
(d)(3)(i) or (d)(3)(ii) and paragraphs (d)(3)(iii) and (d)(3)(iv) of 
this section.
    (i) Wind Zone I uplift load test. Where there are engineered 
connectors between the top chord and web members of the truss, such as 
metal connector plates or wood gussets or their equivalents, uplift 
testing in Wind Zone I is at the discretion of the Registered Engineer 
or Architect or nationally recognized testing laboratory certifying the 
truss design. When testing is deemed necessary by the Registered 
Engineer or Architect or nationally recognized testing laboratory 
certifying the truss design, a minimum of one average quality uplift 
load test is to be conducted for each such truss design and must pass 
all requirements of the test for initial qualification of the truss 
design. The net uplift load for trusses designed for use in Wind Zone I 
is 9 psf for the clear span of the truss and 22.5 psf for eave or 
cornice projections.
    (ii) Wind Zones II and III uplift loads test. This test is required 
for all trusses designed for use in Wind Zones II and III. A minimum of 
three average quality/consecutive uplift load tests are to be conducted 
for each truss design when tested in the inverted position and a 
minimum of two average quality/consecutive uplift load tests are to be 
conducted for trusses in the upright position. The trusses must pass 
all requirements of the test for initial qualification of the truss 
design. The uplift load for trusses designed to be used in Wind Zones 
II and III for the clear span or eave cornice projections is to be 
determined by subtracting the dead load applied to the truss from the 
uplift load provided in the Table of Design Wind Pressures in Sec.  
3280.305(c)(1)(ii)(B).
    (iii) Trusses designed for use in Wind Zone I, when tested (see 
paragraph (d)(3)(i) of this section), must be tested in either the 
inverted position to 2.5 times the net wind uplift load or in the 
upright position to 1.75 times the net wind uplift load. Trusses 
designed for use in Wind Zones II and III (see paragraph (d)(3)(ii) of 
this section) must be tested to 2.0 times the uplift load minus the 
dead load in the inverted position and to 1.75 times the uplift load 
minus the dead load in the upright position. See Figure 3280.402(b)(3).
    (iv) The following describes how to conduct the uplift test with 
the truss in the upright position. Similar procedures must be used if 
conducting the test in the inverted position.
    (A) Place the truss in the test fixture and position as it is 
intended to be installed in the manufactured home. See Figure 
3280.402(b)(3).

[[Page 4069]]

[GRAPHIC] [TIFF OMITTED] TR18JA13.003

    (B) Position the load measurement devices to register the wind 
uplift loads that will be applied to the top chord of the truss. The 
uplift loads shall be applied through tension devices not wider than 
one inch and spaced not greater than approximately 12 inches on center 
and shall be applied as uniform as possible, so as to simulate uniform 
loading. Gravity and wind uplift load tests may be performed on the 
same truss in this single setup mode. For the wind uplift test, it is 
permissible to stabilize the bottom chord of the truss in the test 
fixture to simulate ceiling materials or purlin supports. Measure and 
record the initial elevation of the bottom chord of the truss in the 
test position at the mid-span and quarter points of the truss, and at 
the free end of an eave or cornice projection greater than 12 inches. 
Scissors or other unique truss configurations are to be measured at as 
many additional bottom chord panel points as necessary to obtain an 
accurate representation of the deflected shape of the truss, so as to 
be able to locate and record the point(s) of maximum deflection. Eave 
or cornice projection loads are applied separately for eaves or cornice 
projections greater than 12 inches. For eave or cornice projections 
greater than 12 inches, the additional required load must be applied to 
the eave simultaneously with the main body load. For eave or cornice 
projections of 12 inches or less, add the additional required load to 
the main body load and apply it to the entire top chord.
    (C) Measure and record the deflection 5 minutes after the net 
uplift load has been applied. Design load deflection shall be L/180 or 
less for a simply supported clear span and Lo/90 or less for eave or 
cornice projections.
    (D) For trusses tested in the upright position, continue to load 
the truss to 1.75 times the net uplift load in paragraph (d)(3)(i) of 
this section for Wind Zone I and 1.75 times the uplift load in 
paragraph (d)(3)(ii) for Wind Zones II and III, and maintain the load 
for one minute. For trusses tested in the inverted position, continue 
to load the truss to 2.50 times the net uplift load in paragraph 
(d)(3)(i) for Wind Zone I and to 2.0 times the uplift load minus the 
dead load in paragraph (d)(3)(ii) for Wind Zones II and III, and 
maintain the full load for one minute. Regardless of the test position 
of the truss, upright or inverted, trusses must maintain the overload 
for the specified time period without rupture, fracture, or excessive 
yielding.
    (e) Follow-up testing. Follow-up testing procedures must include 
the following:
    (1) All trusses qualifying under these test procedures must be 
subject to a quality control and follow-up testing program.
    (i) Manufacturers of listed or labeled trusses must follow an in-
house quality control program with follow-up testing approved by a 
nationally recognized testing program as specified in paragraph (e)(3) 
of this section. The in-house quality control program must include, at 
a minimum, procedures for quality of materials including, but not 
limited to, grade(s) of materials, allowable splits, knots, and other 
applicable lumber qualities; workmanship including, but not limited to, 
plate placement and embedment tolerances; other manufacturing 
tolerances; description and calibration of test equipment; truss 
retesting criteria; and procedures in the event of noncomplying 
results.
    (ii) Those home manufacturers producing trusses for their own use, 
and which are not listed or labeled, must have an in-house quality 
control program (see paragraph (i) of this section) that includes 
follow-up testing, as specified in this section, and is

[[Page 4070]]

approved by their Design Approval Primary Inspection Agency (DAPIA).
    (2) Truss designs that are qualified but not in production are not 
subject to follow-up testing until produced. When the truss design is 
brought into production, a follow-up test is to be performed if the 
truss design has been out of production for more than 6 months.
    (3) The frequency of truss manufacturer's quality control follow-up 
testing for trusses must be at least:
    (i) One test for the first 100 trusses produced, with a subsequent 
test for every 2,500 trusses for trusses qualified under the proof load 
truss test procedure or inverted uplift test procedure for trusses used 
in Wind Zones II and III or once every 6 months, whichever is more 
frequent, for every truss design produced; or
    (ii) One test for every 4,000 trusses produced for trusses 
qualified under the ultimate load truss test procedure or upright 
uplift test procedure for trusses used in Wind Zones II and III or once 
every 6 months, whichever is more frequent, for every truss design 
produced.
    (4) For follow-up testing only, the full dead load may be applied 
to the top chord of the truss, when the bottom chord dead load is 5 psf 
or less.

    Dated: January 8, 2013.
Carol J. Galante,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2013-01066 Filed 1-17-13; 8:45 am]
BILLING CODE 4210-67-P