[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Rules and Regulations]
[Pages 54546-54549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27675]

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Part III

Department of Housing and Urban Development


24 CFR Part 3280

Snow Load Map for Manufactured Homes; Technical Correction; Final Rule

Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / 
Rules and Regulations

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24 CFR Part 3280

[Docket No. FR-4276-F-01]

Snow Load Map for Manufactured Homes; Technical Correction

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

ACTION: Final rule.


SUMMARY: This rule corrects the omission of a snow load map from the 
codified regulations establishing standards for the construction and 
safety of manufactured houses. The design requirements and designations 
applicable to the snow loads to which a manufactured home must be 
designed have not changed, even though other unrelated revisions have 
been made to the applicable section of the regulations. These other 
revisions have been included in the Code of Federal Regulations (CFR), 
however, a map that illustrated the designated snow load zones was 
inadvertently omitted from the CFR. This final rule corrects the 
omission by recodifying the snow load map.

EFFECTIVE DATE: November 19, 1997.

FOR FURTHER INFORMATION CONTACT: David R. Williamson, Director, Office 
of Consumer and Regulatory Affairs, Room 9158, (202) 708-6401; or 
Marion Connell, Director, Manufactured Housing and Standards Division, 
Room 9152, (202) 708-6409 (these are not toll-free numbers). For 
hearing-and speech-impaired persons, these numbers may be accessed via 
TTY (text telephone) by calling the Federal Information Relay Service 
at 1-800-877-8339. The address for both of these persons is: Department 
of Housing and Urban Development, 451 Seventh Street, SW, Washington, 
DC 20410-8000.

SUPPLEMENTARY INFORMATION: On January 14, 1994, at 59 FR 2456, HUD 
published a final rule that, in part, revised several provisions in 24 
CFR 3280.305(c), to improve the resistance of manufactured homes in 
high wind zones to wind damage. Because of the scattered nature of the 
revisions made at that time and because the maps in the then-existing 
codification were full-page graphics that were referenced in the 
regulations only as being included in Sec. 3280.305 and were not 
clearly referenced as being included in a particular paragraph of that 
section, there was confusion about the amendatory instructions which 
resulted in the omission of the graphic for the snow load requirements 
in subsequent editions of the CFR.
    This final rule clarifies that the snow load map that had been 
included as a graphic in earlier editions of the CFR has not been 
changed as a result of the January 1994 or any subsequent rulemaking. 
In addition to this explanation in the preamble of this rule, this rule 
amends the regulations at Sec. 3280.305(c) to reinsert the omitted snow 
load map and to reference clearly that the snow and wind load maps are 
codified as part of paragraph (c)(4) of Sec. 3280.305. Appropriate 
references have, therefore, been added to the heading of the table in 
paragraph (c)(3)(i) and to paragraph (c)(4) of Sec. 3280.305.
    The Roof Snow Load Zone Map that is recodified by this rule is the 
same map that manufacturers have been continuing to include on the Data 
Plate, as required by Sec. 3280.305(c)(4), since the requirement for 
the map was first made effective by a final rule published on December 
15, 1975 (40 FR 58752, 58762).
    Over the years, the Department has received inquiries from 
communities subject to large snow accumulations that express concern 
that HUD's snow load standards do not adequately protect the public in 
these areas. As indicated in Sec. 3280.305(c)(3)(ii), HUD has authority 
to establish more stringent requirements for manufactured homes in 
areas where records or experience indicate significant differences from 
the snow load requirements established by the chart and map in 
Sec. 3280.305(c). Any person or community interested in strengthening 
the snow load requirement for manufactured homes in a specific area or 
jurisdiction may contact HUD, at the address stated above, to request 
reconsideration of the applicable requirement.
    In addition, the Department invites observations from interested 
parties, which might include suggestions for updating the snow load map 
and standards. The existing boundaries are often unclear, and there may 
be significant variations of snow fall within a particular snow load 
area. HUD is particularly interested in suggestions on how to protect 
persons living in manufactured homes in areas subject to high snow 
loads, without unduly increasing consumer costs or burdening retailers 
and manufacturers. These suggestions may include specific alternate 
protections for consumers in high snow load areas. HUD also invites 
suggestions on methods that could be used in the future to determine 
snow load requirements in areas where standard methods of data 
collection or periods of evaluation are not adequate, for example where 
substantial local variations result from differences in elevation.

Justification for Final Rulemaking

    In general, in accordance with the Department's regulations on 
rulemaking (24 CFR part 10), the Department publishes a rule for public 
comment before issuing a rule for effect. Part 10 does provide, 
however, for exceptions from that general rule where the agency finds 
good cause to omit advance notice and public participation. The good 
cause requirement is satisfied when prior public procedure is 
``impracticable, unnecessary, or contrary to the public interest'' (24 
CFR 10.1). The Department finds that good cause exists to publish this 
rule for effect without first soliciting public comment. Public 
procedure is unnecessary because this action does not affect any of the 
requirements that have been, or currently are, in effect with respect 
to the required design loads for roofs in the designated snow load 
areas. The recodification of the snow load map should merely make it 
easier to identify and understand the application of the current 
requirements regarding the design requirements for manufactured homes 
in the various snow load areas.

Findings and Certifications

Environmental Impact

    This amendment is excluded from the environmental review 
requirements of the National Environmental Policy Act (42 U.S.C. 4321-
4347) and the other related Federal environmental laws and authorities, 
as set forth in 24 CFR part 50. In keeping with the exclusion provided 
for in 24 CFR 50.19(c)(1), this amendment does not ``direct, provide 
for assistance or loan and mortgage insurance for, or otherwise govern 
or regulate property acquisition, disposition, lease, rehabilitation, 
alteration, demolition, or new construction, or set out or provide for 
standards for construction or construction materials, manufactured 
housing, or occupancy.'' Accordingly, under 24 CFR 50.19(c)(2), this 
amendment is categorically excluded because it amends a previous 
document where the underlying document as a whole would not fall within 
the exclusion set forth in 24 CFR 50.19(c)(1), but the amendment by 
itself does.

Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed this rule before

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publication and by approving it certifies that this rule will not have 
a significant economic impact on a substantial number of small 
entities. This rule merely makes a technical correction and does not 
change any of the requirements of the program.

Executive Order 12612, Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that this rule 
does not have ``federalism implications'' because it does not have 
substantial direct effects on the States (including their political 
subdivisions), or on the distribution of power and responsibilities 
among the various levels of government.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4; approved March 22, 1995) (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 
would not impose any Federal mandates on any State, local, or tribal 
governments, or on the private sector, within the meaning of the UMRA.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number is 14.171.

List of Subjects in 24 CFR Part 3280

    Fire prevention, Housing standards, Incorporation by reference, 
Manufactured homes, Reporting and recordkeeping requirements.
    Accordingly, for the reasons set forth in the preamble, part 3280 
of title 24 of the Code of Federal Regulations is amended as follows:


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

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

    2. Section 3280.305 is amended as follows:
    a. Paragraph (c)(3)(i) is amended by adding the following heading 
in the first column of the first row of the table: ``Zone (see Map in 
Sec. 3280.305(c)(4))''; and
    b. Paragraph (c)(4) is amended by revising the second sentence and 
by adding after the graphic ``Basic Wind Zone Map for Manufactured 
Housing'' a graphic entitled ``Roof Snow Load Zone Map'', as follows:

Sec. 3280.305  Structural design requirements.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *

            Zone (see Map in Sec.  3280.305(c)(4))               square 
North Zone....................................................        40
Middle Zone...................................................        30
South Zone....................................................        20

* * * * *
    (4) * * * The Data Plate shall include reproductions of the Load 
Zone Maps shown in this paragraph (c)(4), with any related information. 
* * *
* * * * *

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* * * * *
    Dated: October 4, 1997.
Nicolas P. Retsinas,
Assistant Secretary for Housing, Federal Housing Commissioner.
[FR Doc. 97-27675 Filed 10-17-97; 8:45 am]