[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]
[[Page 54545]]
_______________________________________________________________________
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
[[Page 54546]]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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
[[Page 54547]]
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:
PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
1. The authority citation for part 3280 continues to read as
follows:
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) * * *
------------------------------------------------------------------------
Pounds
per
Zone (see Map in Sec. 3280.305(c)(4)) square
foot
------------------------------------------------------------------------
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.
* * *
* * * * *
BILLING CODE 4210-27-P
[[Page 54548]]
[GRAPHIC] [TIFF OMITTED] TR20OC97.004
[[Page 54549]]
* * * * *
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]
BILLING CODE 4210-27-C