Manufactured Home Tires, Parts and Accessories Necessary for Safe Operation; and Manufactured Home Construction and Safety Standards

[Federal Register Volume 61, Number 79 (Tuesday, April 23, 1996)]

[Proposed Rules]

[Pages 18014-18024]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 96-9717]

[[Page 18013]]

_______________________________________________________________________

Part III

Department of Transportation

Federal Highway Administration

49 CFR Part 393

_______________________________________________________________________

Department of Housing and Urban Development

24 CFR Part 3280

_______________________________________________________________________

Manufactured Home Tires, Parts and Accessories Necessary for Safe

Operation; and Manufactured Home Construction and Safety Standards;

Proposed Rule

Federal Register / Vol. 61, No. 79 / Tuesday, April 23, 1996 /

Proposed Rules

[[Page 18014]]

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 393

[FHWA Docket No. MC-95-1]

RIN 2125-AD41

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3280

[Docket No. FR-3943]

RIN 2502-AG54

Manufactured Home Tires, Parts and Accessories Necessary for Safe

Operation; and Manufactured Home Construction and Safety Standards

AGENCIES: Federal Highway Administration (FHWA), DOT; Office of the

Assistant Secretary for Housing, Federal Housing Commissioner,

Department of Housing and Urban Development (HUD).

ACTION: Notice of proposed rulemaking; proposed change in HUD

interpretative bulletin.

-----------------------------------------------------------------------

SUMMARY: The FHWA and HUD are proposing amendments to the Federal Motor

Carrier Safety Regulations and an interpretation of the Manufactured

Home Construction and Safety Standards concerning the transportation of

manufactured homes. The FHWA and HUD propose to adopt mutually

consistent and readily enforceable regulations and interpretations that

promote the safe and effective transportation of manufactured homes.

The FHWA and HUD are proposing to permit the overloading of

manufactured home tires by not more than 18 percent for a period of two

years from the effective date of the final rule. During that two year

period, both agencies would review test and other technical data

concerning the relative performance of tires which are overloaded by 18

percent versus no tire overloading. Unless both agencies are persuaded

that the 18 percent overloading does not pose a risk to the traveling

public or have an adverse impact on the safety or transportability of

manufactured homes, any overloading of tires beyond their design

capacity would be prohibited after two years from the effective date of

the final rule. These proposed changes are intended to clarify the

regulations of the FHWA and the interpretation of its regulations by

HUD and to resolve differences between Federal regulations for the

overloading of tires used in the transportation of manufactured homes.

DATES: Comment Due Date: Comments must be received on or before June

24, 1996.

ADDRESSES: To file responses on this proposed rule submit written,

signed comments to FHWA Docket No. MC-95-1, Room 4232, HCC-10, Office

of the Chief Counsel, Federal Highway Administration, 400 Seventh

Street, SW., Washington, D.C. 20590. All comments received will be

available for examination at the above address from 8:30 a.m. to 3:30

p.m., Eastern Time, Monday through Friday, except Federal holidays.

Those desiring notification of receipt of comments must include a self-

addressed, stamped postcard.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Larry W. Minor, Office

of Motor Carrier Research and Standards, HCS-10, (202) 366-4009; or Mr.

Charles E. Medalen, Office of the Chief Counsel, HCC-20, (202) 366-

1354, Federal Highway Administration, 400 Seventh Street, SW.,

Washington, D.C. 20590. Office hours are from 7:45 a.m. to 4:15 p.m.,

(eastern standard time), Monday through Friday, except Federal

holidays.

For HUD: Mr. Philip W. Schulte, Acting Director, Manufactured Home

and Construction Standards Division, Office of Manufactured Housing and

Regulatory Functions, Department of Housing and Urban Development,

L'Enfant Plaza North, Suite 3214, Washington, D.C. (mailing address:

Room B-133, HUD Building, Washington, D.C. 20410-8000). Telephones:

(voice) (202) 755-7420; (TDD) (202) 708-4594. (These are not toll-free

numbers.)

SUPPLEMENTARY INFORMATION:

Background

The Department of Housing and Urban Development (HUD) and the

Federal Highway Administration (FHWA) have regulations applicable to

the transportation of manufactured housing which are mutually

inconsistent. In this joint NPRM, the two agencies are proposing to

adopt identical rules to correct the inconsistency.

On March 4, 1995, President Clinton directed all agencies to remove

obsolete and unnecessary regulations, and revise and improve necessary

regulations. As part of HUD's and FHWA's review of their respective

regulations, each agency identified its regulations applicable to the

transportation of manufactured housing as inconsistent with one

another. In accordance with the President's directive to improve

regulations, and in accordance with the principles of Executive Order

12866, which directs agencies to avoid regulations that are

inconsistent with regulations of other agencies, this rule proposes to

make HUD's and FHWA's regulations consistent on this subject.

Additionally, at the final rule stage the format of this rule may be

revised to conform to the President's regulatory reinvention

principles.

I. Department of Housing and Urban Development

A. Manufactured Home Construction and Safety Standards

The National Manufactured Housing Construction and Safety Standards

Act of 1974 (Act), 42 U.S.C. 5401 et seq., authorizes the Secretary of

Housing and Urban Development (HUD) to establish and amend the Federal

Manufactured Home Construction and Safety Standards (FMHCSS), 24 CFR

Part 3280 (Standards). The stated purposes of the Act are to reduce the

number of personal injuries and deaths and the amount of insurance

costs and property damage resulting from manufactured home accidents

and to improve the quality and durability of manufactured homes.

B. Transportation Systems for Manufactured Homes

Subpart J of the Standards covers the general requirement for

designing the manufactured home to fully withstand the adverse effects

of transportation shock and vibration without damaging the integrated

structure or its component parts. One of its components is the running

gear assembly which is defined in 24 CFR 3280.902 to include the

subsystem consisting of suspension springs, axles, bearings, wheels,

hubs, tires, and brakes, with their related hardware.

Under 24 CFR 3280.904(a), the entire transportation ``system

(frame, drawbar and coupling mechanism, running gear assembly, and

lights) shall be designed and constructed as an integrated, balanced

and durable unit which is safe and suitable for its specified use

during the intended life of the manufactured home.'' The running gear

assembly, including the tires, must be able to sustain the designed

loads set forth in 24 CFR 3280.904(b)(3) and ``to provide for durable

dependable safe mobility of the manufactured home'' (emphasis added)

(24 CFR 3280.904(b)(4)(i)).

The design load consists of the dead load plus a minimum of 3

pounds per square foot floor load (for example, free-standing range,

refrigerator, and loose furniture), and the superimposed dynamic load

resulting from highway movement but shall not be required to exceed

twice the dead load. The

[[Page 18015]]

integrated design shall be capable of insuring rigidity and structural

integrity of the complete manufactured home structure and to insure

against deformation of structural or finish members during the intended

life of the home.

C. Interpretative Bulletin J-1-76

HUD interpreted the transportation requirements for subpart J in

the Standards by an Interpretative Bulletin published on December 7,

1976 (41 FR 53626). Sections C and D of the Interpretative Bulletin

provide as follows:

Section C--Axles

Unless substantiated in the design to the satisfaction of the

approval agency [Design Approval Primary Inspection Agency] (DAPIA)

by either engineering analysis, load tests or documented evidence of

actual transportation experience, there shall be no less than the

following minimum number of 6,000 lb. rated axles with not less than

the mobile (manufactured) home rated tires indicated in Table 1 or

Table 2 on each mobile home or floor section of the multiple unit

mobile home:

Table 1

------------------------------------------------------------------------

Number

of 6,000

lb.

axles

equipped

Length of the mobile (manufactured) home with 7-

14.5,

mobile

home 8

ply

tires

------------------------------------------------------------------------

1. 12 foot wide:

A. To 60 ft. maximum........................................ 2

B. Greater than 60 ft.-80 ft. max........................... 3

2. 14 foot wide:

A. To 52 ft. maximum........................................ 2

B. To 76 ft. maximum........................................ 3

C. To 80 ft. maximum........................................ 4

------------------------------------------------------------------------

Table 2

------------------------------------------------------------------------

Number

of 6,000

lb.

axles

equipped

with 8-

Length of the mobile (manufactured) home 14.5,

mobile

home 8

and 10

ply

tires

------------------------------------------------------------------------

1. 12 foot wide:

A. To 65 ft. maximum........................................ 2

B. Greater than 65 ft.-80 ft. max........................... 3

2. 14 foot wide:

A. To 56 ft. maximum........................................ 2

B. Greater than 56 ft.-80 ft. max........................... 3

------------------------------------------------------------------------

Length of a mobile home is the length as defined in Sec. 3280.902(b).

Determination of the number of axles required by use of the

above tables does not eliminate the requirement for each axle to be

capable of withstanding the actual imposed dead load without

exceeding the maximum allowable stresses for design axle life as

recommended by the axle manufacturer, or the maximum tire load

rating in Sec. 280.904(b)(8) [now Sec. 3280.904(b)(8)]. If a

manufacturer has submitted documented evidence of transportation

experience to meet the requirements of Sec. 280.903(c)(2) [now

Sec. 3280.903(c)(2)], the minimum number of axles required by the

experience record may not be reduced by use of the above tables.

(The number of axles must be consistent with and no less than the

number and rating of the axles indicated in the experience record.)

Section D--Tires, Wheels and Rims

Tires shall be sized and fitted to axles in accordance with the

gross axle weight rating determined by the mobile home manufacturer.

The permissible tire loading may be increased by utilizing a service

load factor not to exceed 50 percent of the mobile home tire load

limits specified in MH-1 of the Tire and Rim Association Handbook

(1975 edition), but the individual permissible tire loading may not

exceed 3,000 pounds. For example, the maximum tire loading for a

7 x 14.5 mobile home 8 ply tire at 70 PSI cold inflation pressure

would be 2805 lbs. (1,870 lbs. (MH-1 rating) x 1.5(service load

factor)=2,805 lbs.). The tire load limit specified in MH-I shall be

determined by the tire manufacturer in accordance with procedures

described in 49 CFR 571.119.

Used tires may also be sized in accordance with the above

criteria whenever the tread depth is at least \2/32\ of an inch as

determined by a tread wear indicator. The determination as to

whether a particular used tire is acceptable shall also include a

visual inspection of thermal and structural defects (e.g., dry

rotting, excessive tire sidewall splitting, etc.).

Wheels and rims shall be sized in accordance with the tire

manufacturer's recommendations as suitable for use with the tires

selected.

II. Department of Transportation

A. Federal Motor Carrier Safety Regulations

The FHWA's Federal Motor Carrier Safety Regulations (FMCSRs) are

based on a series of statutes starting with the Motor Carrier Act of

1935. The FMCSRs are codified at Subchapter B of Chapter III, Title 49

of the Code of Federal Regulations. The FMCSRs provide requirements for

the operation of commercial motor vehicles in interstate commerce. The

FMCSRs define a commercial motor vehicle as any self-propelled or towed

vehicle used on public highways in interstate commerce to transport

passengers or property when: the vehicle has a gross vehicle weight

rating or gross combination weight of 10,001 or more pounds; or the

vehicle is designed to transport more than 15 passengers, including the

driver; or, the vehicle is used in the transportation of hazardous

materials in a quantity requiring a placard. Under this definition, a

manufactured home transported in interstate commerce is considered a

commercial motor vehicle and is subject to the FMCSRs.

Part 393 of the FMCSRs covers parts and accessories necessary for

safe operation. Among the safety regulations applicable to manufactured

homes are the requirements for lamps and reflective devices, brake

systems, coupling devices, tires, and suspension systems.

Under the Motor Carrier Safety Assistance Program (MCSAP), the FHWA

provides financial assistance to States to enforce the FMCSRs or

compatible State regulations pertaining to commercial motor vehicle

safety (see 49 CFR part 350). State enforcement officials have

expressed concerns about the safety of certain practices of carriers

transporting manufactured homes. Their principal concern is the

movement of manufactured homes on overloaded tires. In certain cases,

vehicles with tires loaded to 150 percent of their capacity are

operated at highway speeds. These practices are inconsistent with the

FMCSRs.

B. FHWA Requirements for Tires

Section 393.75(f) prohibits the operation of commercial motor

vehicles on tires that carry a greater weight than that specified in

publications of certain standard-setting organizations listed by the

National Highway Traffic Safety Administration in 49 CFR 571.119

(S5.1(b)) unless (1) the vehicle is being operated under the terms of a

special permit issued by the State, and (2) the vehicle is being

operated at a reduced speed that is appropriate to compensate for tire

loading in excess of the manufacturer's normal rated capacity. The FHWA

first proposed restrictions on the use of overloaded tires on April 17,

1974 (39 FR 13785). The proposal was in response to two petitions from

the Professional Drivers Council (PROD), a non-profit association of

professional interstate truck and bus drivers, and investigations of

front tire failures by the FHWA. The PROD petitions addressed front

tire overloading in general, and specifically front tire overloading

resulting from the fifth wheel position on the towing vehicle.

The investigations performed by the FHWA revealed that a

significant number of vehicles operate with overloaded or under-

inflated tires. A tire was considered under-inflated if it carried a

load greater than it was designed to carry at the pressure to which it

was inflated, and overloaded if

[[Page 18016]]

it carried a load greater than it could safely carry at any pressure.

The agency cited a growing body of evidence that both under-inflation

and overloading create identifiable dangers. Among these were the

impairment of vehicle handling and the loss of control from sudden tire

failures. On July 11, 1975, the FHWA published the final rule

prohibiting the operation of motor vehicles on overloaded tires (40 FR

29292). Several industry groups and numerous tire manufacturers

immediately petitioned for reconsideration. The FHWA amended the final

rule a few months later (September 29, 1975, 40 FR 44555). The

petitioners asked the FHWA to allow tire pressures greater than those

labeled on the tire's sidewalls; and to allow increased loading for

reduced speed operations.

The available information from tire manufacturers supported

allowing increased tire loadings if vehicles were operated at reduced

speeds. Accordingly, the FHWA amended the final rule to that effect,

provided the vehicle was operated in compliance with a special permit

which specified a speed limitation.

The Heavy Specialized Carriers Conference (now the Specialized

Carriers and Rigging Association) of the American Trucking Associations

(ATA) subsequently submitted a petition for rulemaking. According to

the petitioner, only a few States specified speed limits for vehicles

operating under special permits. The wording of the September 29, 1975,

final rule therefore had the effect of limiting the exemption for

overloaded tires to motor carriers operating in those States. The

petitioner requested that the FHWA rescind the requirement that the

State-issued permit must include a specific reduced speed.

On June 17, 1976 (41 FR 24608), the FHWA proposed to modify the

conditions under which tires on axles other than the front axle could

be overloaded. Based upon user experience and information obtained from

commercial vehicle tire manufacturers, the agency acknowledged that

tires may be safely overloaded if vehicle speed is reduced sufficiently

to prevent heat buildup. The FHWA concluded that if the reference to

reduced speed specified on State-issued permits were deleted, the

agency should impose its own speed restriction on motor vehicles which

operate on overloaded tires. An upper speed limit of 72 kilometers per

hour (km/hr) (45 miles per hour (mph)) was proposed for inclusion in

the exemption. This value was selected to prevent conflicts between

Sec. 393.75(f) and the posted minimum speeds on many Primary and

Interstate highways. Since the minimum speed limits help to ensure

safety by regulating the maximum allowable speed differential between

motor vehicles, the agency's proposal addressed both the need for

reduced speed to compensate for overloading and the need for limiting

speed differentials between the affected commercial motor vehicles and

other traffic.

On August 31, 1976 (41 FR 36656), the FHWA published a final rule

amending Sec. 393.75(f) to permit the overloading of tires if (1) the

vehicle is being operated under the terms of a special overweight

permit issued by the State and (2) the vehicle is being operated at a

reduced speed which is appropriate to compensate for tire loading in

excess of the manufacturer's normal rated capacity. The exemption only

applied to tires on axles other than the front axle and included a

maximum speed limit of 72 km/hr (45 mph). The effective date for the

final rule was October 1, 1976.

HUD requested that the FHWA postpone the effective date of the

August 1976 final rule with regard to the interstate transportation of

manufactured homes. The FHWA issued Notice N 7510.1 on September 27,

1976, which instructed motor carrier safety personnel to refrain from

citing mobile home transporters for operating on overloaded tires until

further notice. This temporary relief was conditioned upon observing a

speed limitation of 72 km/hr (45 mph). States which had adopted the

FMCSRs were encouraged to adopt this policy. The notice indicated that

HUD's request was based on statistical data relating to accidents

resulting from tire failures on new mobile homes. The data indicated an

``insignificant accident incident ratio related to tire failure and an

adverse economic impact on the mobile home industry and on consumers.''

A copy of the September 1976 notice is included in the FHWA and HUD

docket files.

On October 10, 1978, in response to a petition from the ATA

concerning tire marking and the HUD request, the FHWA published another

notice of proposed rulemaking (43 FR 46555). The notice discussed HUD's

tire overloading standards for manufactured homes: 150 percent of rated

capacity provided the total tire load does not exceed 3,000 pounds. HUD

had the National Highway Traffic Safety Administration (NHTSA) conduct

two series of tests on mobile home tires. The first results were

summarized in a September 1976 report entitled ``A Safety Performance

Test for Mobile Home Tires, Phase I: New Tires.'' The second report

(April 1978) was entitled ``A Safety Performance Test for Mobile Home

Tires, Phase II: Used Tires.'' A copy of both reports is included in

the FHWA and HUD docket files. The tests indicated that new tires on

mobile homes were capable of operating satisfactorily under 150 percent

loading, although used tires did not perform as well. In view of this

research, the FHWA proposed replacing the term ``special overweight

permit'' with ``special permit.'' The FHWA believed the proposal would

address HUD's concerns. Because manufactured homes generally did not

exceed the normal axle or gross weight limits, they rarely qualified

for overweight permits. The FHWA therefore proposed to allow the use of

overloaded tires if the transporter was operating under any ``special

permit,'' typically a permit for over-width vehicles.

The final rule amending Sec. 393.75(f) was published on May 1, 1979

(44 FR 25455). The preamble included reference to the mobile home tire

research studies and HUD's request that the FHWA amend Sec. 393.75.

With this amendment, tires on axles other than the front axle could be

overloaded if (1) the vehicle was operated under the terms of a special

permit (as opposed to a special overweight permit) issued by the state

and (2) the vehicle was operated at a reduced speed not to exceed 72

km/hr (45 mph).

On October 29, 1980, the FHWA issued FHWA Notice N 7510.2 which

rescinded Notice N 7510.1. Since the 1979 final rule allowed all

vehicles subject to the FMCSRs to be operated on overloaded tires

provided the vehicles adhered to the terms of a special permit and did

not exceed speeds of 72 km/hr (45 mph), Notice N 7510.1 was no longer

necessary. A copy of the 1980 notice is included in the FHWA and HUD

docket files.

The current wording of Sec. 393.75(f) is the outcome of a 1988

final rule on parts and accessories necessary for safe operation (53 FR

49380, December 7, 1988). Under the final rule, the 72 km/hr (45 mph)

maximum speed for vehicles operating on overloaded tires was removed,

and any speed below the posted speed limit is thus considered a reduced

speed. The effective date of the amendment was March 7, 1989.

The removal of the 72 km/hr (45 mph) maximum speed limit combined

with the fact that the FMCSRs do not include restrictions on the extent

to which a tire may be overloaded have created problems for State

officials responsible for enforcing motor carrier safety laws.

[[Page 18017]]

III. Differences Between the HUD and the FHWA Regulations

Under 42 U.S.C. 5401 et seq., HUD was required to issue

construction and safety standards for manufactured homes. Congress

provided that whenever a Federal Manufactured Home Construction and

Safety Standard is in effect, no State or political subdivision of a

State shall have the authority to establish or permit to continue in

effect with respect to any manufactured home covered, any standard

``regarding construction or safety applicable to the same aspect of

performance of such manufactured home which is not identical to the

Federal manufactured home construction and safety standard'' (42 U.S.C.

5403(d)). HUD issued 24 CFR 3280, subpart J and Interpretative Bulletin

J-1-76 which establish standards for the running gear and which permit

the overloading of the tires.

Furthermore, HUD has indicated in 24 CFR 3282.11(c) that the

Federal system establishes the exclusive system for enforcement of the

Federal manufactured housing standards. No State may establish or keep

in effect through a building code enforcement system or otherwise,

``procedures or requirements which constitute systems for enforcement

of the Federal standards or of identical State standards which are

outside the system established in these regulations or which go beyond

this system to require remedial actions which are not required by the

Act and these regulations.''

In contrast, the Motor Carrier Safety Act of 1984 (49 U.S.C. 31131

et seq., formerly 49 U.S.C. app. 2501 et seq.) has a different purpose

and scope than the Manufactured Housing Construction and Safety

Standards Act. It ratified the regulations adopted on the authority of

the Motor Carrier Act of 1935, and directed the Department of

Transportation to establish minimum Federal standards to ensure that

commercial motor vehicles (CMVs) are safely equipped, maintained,

loaded, and operated; that the duties imposed on CMV drivers do not

impair their ability to drive safely; that the physical condition of

CMV drivers does not have an adverse impact on safety; and that driving

CMVs does not harm the drivers' physical condition [49 U.S.C. 31136].

The FHWA's regulation of vehicle components and systems, including

tires, axles, brakes, etc., is consistent with this purpose and

necessary for the protection of motorists who share the roads with

CMVs, including manufactured homes.

Most State motor carrier safety laws in effect today are

essentially required by Federal law. Congress directed the Department

of Transportation to preempt State safety regulations that are not

compatible with the FMCSRs [49 U.S.C. 31141 (formerly 49 U.S.C. App.

2507), 49 CFR 355]. The MCSAP has also induced States to model their

safety laws on the FMCSRs. The FMCSRs as adopted by the States are

State laws. The Federal Courts have not had occasion to consider the

relationship between the Manufactured Home Construction and Safety

Standards and the FMCSRs (or compatible State regulations) with regard

to manufactured home tire overloading.

Both the FHWA and HUD recognize that the current inconsistency

between their regulations and interpretations requires clarification

through the issuance of joint rulemaking to establish uniform

requirements for motor carriers who are transporting manufactured

homes. The proposed changes to the FHWA's and HUD's respective

requirements for motor carriers transporting manufactured homes are

covered under Sections X, XI, and XII of this notice.

IV. Analysis of Tire Loading and the Tires Used in the Transporting of

Manufactured Homes

A. Typical Tires Used in Manufactured Housing

To consider whether there should be changes in its interpretation

of the standards for transporting manufactured homes (Interpretative

Bulletin J-1-76), HUD has gathered information from various sources

about the types of tires and axles used by the manufactured housing

industry. Some of this information was submitted to HUD by the

Manufactured Housing Institute (MHI) which had established a

Transportation Task Force. Information was also obtained from

suppliers, and from materials provided by the Department of

Transportation.

The MHI wrote HUD on August 5, 1994, and supplied certain

information concerning the types of tires typically used in

manufactured homes, the typical transport distance and the number of

tire failures noted by major transporters. The average transport

distance was reported to be approximately 225 miles; the data

concerning the types of tires, the relative usage of 7-14.5 vis-a-vis

8-14.5 tires, etc., is shown in Table A.

Table A

--------------------------------------------------------------------------------------------------------------------------------------------------------

Tire capacity at max. overload/percent

Tire size and type Percent use in manufactured houses Tire capacity overload

--------------------------------------------------------------------------------------------------------------------------------------------------------

7-14.5, 8 PLY, SERIES D............. 80%...................................... 1,870 lbs................... 2,805 lbs., >50% Over.

8-14.5, 8 PLY, SERIES D............. 20% are 8 and 10 ply..................... 2,270 lbs................... 3,000 lbs., 32% Over.

8-14.5, 10 PLY, SERIES E............ See above................................ 2,540 lbs................... 3,000 lbs., 18% Over.

8-14.5, 12 PLY, SERIES F............ Not Available............................ 2,790 lbs................... 3,000 lbs., 8% Over.

9-14.5, 8 PLY, SERIES D............. Not Available............................ 2,620 lbs................... 3,000 lbs., 15% Over.

9-14.5, 10 PLY, SERIES E............ Not Available............................ 2,940 lbs................... 3,000 lbs., 2% Over.

9-14.5, 12 PLY, SERIES F............ Not Available............................ 3,240....................... NO OVER-LOADING.

--------------------------------------------------------------------------------------------------------------------------------------------------------

The maximum load ratings for the 9-14.5 tires are obtained from the 1994 Tire and Rim Association Yearbook.

It is apparent from a review of several DAPIA-approved designs and

information received from the MHI that most manufacturers are using 7-

14.5, 8 ply (Series D) tires. Under the provisions of Section D of

Interpretative Bulletin (IB) J-1-76, the tire capacity at maximum

overload is limited to 2,805 lbs. (1.5 x 1870 lbs.). However, the

above-mentioned review of designs indicated that manufacturers and

DAPIAs have misinterpreted another provision of the IB to permit 7-

14.5, 8 ply (Series D) tires to be loaded up to 3,000 lbs. or 160

percent of their rated capacity.

Anecdotal accounts from some manufacturers indicated that the

larger 8-14.5 tires are used for longer transport distances or where

the road surfaces are less smooth than those on the Interstate

highways. Presumably, manufacturers have discovered by experience that

the use of 8-14.5 Series D or E tires may

[[Page 18018]]

reduce the possibility of tire failure under these circumstances.

B. The Number of Reported Failures of New and Used Tires During

Transport

HUD has obtained information from three companies which transport

large numbers of manufactured homes. These three companies collectively

transport more than 30 percent of the manufactured homes produced in

the United States and in the case of the largest transporter, nearly

50,000 manufactured homes per year.

The three companies differed in the reported overall rate of tire

failure for shipment of manufactured homes. The failure rate for new

tires ranged from 4 percent to 7 percent. The used tire failure rate

was 9 percent. According to the MHI, roughly 55 percent of the tires

sold to manufactured housing producers in 1994 were used tires.

Since the data from one company represented a large share of the

market and transportation experience in a large number of States, HUD

believes that the company's failure rate of 7 percent is the most

representative of actual conditions. Therefore, HUD has used a failure

rate of 7 percent for new tires and 9 percent for used tires with an

overall average failure rate of 8 percent. Since each section of a

manufactured home usually contains 6 tires, a tire will fail on about

40 percent of the sections shipped each year. Multiple failures of

tires are less common but are known to occur.

There was also substantial variability among these three companies

concerning the causes of tire failure. One company indicated that

foreign objects were the cause of 99 percent of tire failures, while

the other companies indicated that substandard tires and tire

overloading were the chief causes of tire failure. The other companies

also noted that operating at excessive speed and other causes were less

significant factors in tire failure.

There are no separate data as to the rate of failure due to tire

overloading in relation to other factors, such as substandard tires,

improper inflation, excessive heat, etc. The risk of tire failure due

to overloading can be increased by operating the tire at reduced

inflation, by the heat of the pavement, high speeds, mounting

procedures and other practices which, if combined, may virtually assure

tire failure. Hence, determining the percentage of failures

attributable solely to tire overloading is difficult.

Data from one tire recycler, however, indicated that up to 70

percent of tires which are damaged can be recycled and reused after

repair. This would suggest that foreign objects may have been the

principal cause of tire failure rather than blow-outs due to

overloading or other causes. The damage associated with blow-outs or

causes other than foreign objects is generally too extensive to be

repaired.

Based on the available information, HUD's best estimate is that 25

percent of reported failures can be attributed partly to tire

overloading. HUD has reduced this estimate by half to account for

failures due in part to aggravating factors, such as improper inflation

or mounting. Therefore, assuming that 450,000 sections of manufactured

homes are shipped this year (450,000 shipments x 0.40 (factor for

shipments with at least one tire failure) x 0.125 (percentage

attributable to tire overloading), tire overloading would be

responsible for at least 22,500 tire blowouts.

C. The Average Number of Times That the Tire Is Used

There is no reporting mechanism or authoritative data on the number

of times a tire is used. However, incomplete data from transporters

indicate that tires are used an average of ten times before they are

unable to pass the tread depth requirement.

V. Cost Estimates of Possible Options for the Protection of the Public

and To Ensure the Safe Transport of Manufactured Homes

Based on the available information, there are four approaches which

would substantially alleviate or eliminate the problem of overloading

of tires. These four options are discussed below:

A. Option No. 1: Reduction of the Permissible Tire Overloading to 18

Percent

HUD has obtained data from suppliers on the cost to upgrade from

the 7-14.5 tires to tires with a rated capacity of 2,540 lbs. Assuming

that the design calls for 3,000 lbs. per tire, the degree of tire

overloading would be reduced from 50 to 60 percent to 18 percent. The

wholesale incremental cost estimates were determined by assuming that

each transportable section uses six tires. The results are shown in

Table B:

Table B

----------------------------------------------------------------------------------------------------------------

Wholesale Wholesale

cost of 8- cost of 7- Increase in Total

Type of tire 14.5 10 ply 14.5 8 ply wholesale incremental

(series E) (series D) cost cost per

section

----------------------------------------------------------------------------------------------------------------

NEW......................................................... $40 $30 $10 $60

USED........................................................ 30 26 4 24

AVERAGE COST FOR UPGRADED TIRES MAN. HOME................... ........... ........... ........... 59

----------------------------------------------------------------------------------------------------------------

As shown in Table B, the cost for upgraded tires is relatively

modest and this results in an average wholesale cost increase of nearly

$60 per home. The average cost per home is based on the usage patterns

of new versus used tires and the relative percentage of single (53

percent) and multi-section (47 percent) homes.

B. Option No. 2: Reduction of the Permissible Tire Overloading to 8

Percent

HUD has obtained data from suppliers on the cost to upgrade from

the 7-14.5 tires to tires with a rated capacity of 2,790 lbs. Assuming

that the design calls for 3,000 lbs. per tire, the degree of tire

overloading would be reduced from 50 to 60 percent to 8 percent. The

same assumptions concerning the number of tires per section, new and

used tires, etc. have been made to permit comparison of the various

options. The results are shown in Table C:

[[Page 18019]]

Table C

----------------------------------------------------------------------------------------------------------------

Wholesale

cost of 7- Increase in Total

Type of tire Wholesale cost of 8-14.5 12 ply 14.5 8 ply wholesale incremental

(series F) (series D) cost cost per

section

----------------------------------------------------------------------------------------------------------------

NEW.............................. $44................................... $30 $14 $84

USED............................. Not available in sufficient quantities 26 ........... ...........

AVERAGE COST PER MAN. HOME....... ...................................... ........... ........... 123.5

----------------------------------------------------------------------------------------------------------------

C. Elimination of Tire Overloading

1. Option No. 3: Addition of Another Axle and the Use of 8-14.5, 10 Ply

Tires (Series E)

Another option is to require that the tires' rated capacity meet or

exceed the live and dead load which will be applied to them. The

manufacturer would probably have to use an additional axle to carry

some of this load. The cost of this increased axle along with the

upgraded tires is shown in Table D as follows:

Table D

------------------------------------------------------------------------

Wholesale

Wholesale cost of

Average cost of tires cost of new used non-

non-braking braking

axles axles

------------------------------------------------------------------------

$59.............................. $174 $139 ...........

Total wholesale cost of tires and

axles........................... ........... ........... $287

------------------------------------------------------------------------

According to one source, the cost of the additional wheels and

axles would be greater because half of the axles would be braking axles

which are 25 percent more expensive than non-braking axles. However,

discussions with suppliers and analysis of manufactured home designs

indicated that the changes in the degree of tire overloading have no

impact on the number of braking versus non-braking axles as this is a

function of the vehicle's weight, not the strength of the tires.

Therefore, HUD believes that the additional cost of nearly $287 is

closer to the expected cost of the axle and tires.

2. Option No. 4: The Use of 9-14.5 12 Ply Series E and F Tires

Another alternative would be to upgrade the tires to 9-14.5, Series

E and F tires which would involve little or no overloading with the use

of a 6,000 lb. axle. Suppliers reported that because the 9-14.5 tires

are being made only in small quantities, current prices would not be

reliable indicators of unit costs at higher production levels.

Therefore, it will be assumed that the cost of the 9-14.5 tires are

double the cost of the 7-14.5 tires for these cost comparisons. The

cost of these tires is shown in Table E:

Table E

----------------------------------------------------------------------------------------------------------------

Wholesale

cost of 7- Increase in Total

Type of tire Est. wholesale cost of 9-14.5 12 ply 14.5 8 ply wholesale average

tires (series F) tires cost cost per

(series D) section

----------------------------------------------------------------------------------------------------------------

New.............................. $60................................... $30 $30 $180

Used............................. Not available......................... 26 ........... ...........

Average cost per man. home....... ...................................... ........... ........... 265

----------------------------------------------------------------------------------------------------------------

D. Adjustment to Cost Increases Due to Multiple Usages

In estimating the useful life of the 8-14.5 and 9-14.5 tires, it is

conservative to assume that these tires would be able to be used for at

least the same number of trips as the current 7-14.5 tires. Therefore,

the FHWA and HUD have assumed that the upgraded tires can also be used

a total of ten times. Based on ten trips per tire and shipments of

450,000 transportable sections of manufactured homes each year, the

estimated wholesale cost per transportation unit and the annual

wholesale cost of each option is shown in Table F.

Table F.--Cost Per Transportation Unit and Annual Costs

------------------------------------------------------------------------

------------------------------------------------------------------------

OPTION NO. 1 (UPGRADE TO 8-14.5 SERIES E TIRES)....... $6

TOTAL ANNUAL COST (WHOLESALE) FOR ALL HOMES....... $2,700,000

OPTION NO. 2 (UPGRADE TO 8-14.5 SERIES F TIRES)....... $12

TOTAL ANNUAL COST (WHOLESALE) FOR ALL HOMES....... $5,400,000

OPTION NO. 3 (ADDITIONAL AXLE AND UPGRADED TIRES)..... $29

TOTAL ANNUAL COST (WHOLESALE) FOR ALL HOMES....... $13,050,000

OPTION NO. 4 (UPGRADE TO 9-14.5 SERIES F TIRES)....... $27

TOTAL ANNUAL COST (WHOLESALE) FOR ALL HOMES....... $12,150,000

------------------------------------------------------------------------

[[Page 18020]]

VI. Discussion Concerning the Overloading of Tires and the Other

Requirements of the Interpretative Bulletin

In addition to an examination of the various options, HUD has

reviewed the basis of the 1976 decision to permit the overloading of

manufactured home tires. The overloading of manufactured home tires was

based on certain assumptions and conditions existing at the time the

rule was promulgated. These assumptions are discussed below:

A. Single or Very Limited Use of Tires; Short Travel Distances

In 1976, it was a common practice to limit the use of the tires to

one, or perhaps a few more trips so that the total distance traveled

would be only about 500 miles. Based on such limited usage, it may be

permissible to exceed the normal supplier recommendations.

However, the markets for manufactured homes have broadened beyond

the 2- to 3-hour driving distance so that some companies are shipping

units for distances in excess of 500 miles. This long distance shipping

is substantially greater than the limited range which the original

Interpretative Bulletin was based on.

In order to determine common travel distances for homes, HUD has

analyzed data to determine the total distance traveled from factories

in several Southern States to the retailers who received the homes. The

data is summarized in Table G:

Table G

------------------------------------------------------------------------

Number of Percent shipped

shipments Percent shipped 1- Percent shipped more than 500

analyzed 250 miles 251-500 miles miles

------------------------------------------------------------------------

30,000........... 50 40 10

------------------------------------------------------------------------

In 50 percent of the cases, the home was shipped more than 250

miles and in 10 percent of the cases, the distance shipped was more

than 500 miles. Therefore, the typical transportation patterns at the

time the Interpretative Bulletin was issued have changed significantly.

Secondly, these data understate the total travel distance since they

are calculated on the distance from the factory to the retailer, not to

the homeowner's site. More significantly, the data supplied by the

transporters indicate that the average tire is used ten times before it

is unable to be used further.

B. Increased Weight of Manufactured Homes

At the time the Interpretative Bulletin was issued, the typical

weight of manufactured homes per square foot was in the range of 16 to

17 lbs. Over the years, the average weight of the homes has increased

due to the use of heavier exterior roofing materials, heavier exterior

and interior wall coverings, and the addition of roof and wall

sheathing materials. According to information provided by the National

Conference of States on Building Codes and Standards, Inc. (NCSBCS),

the average weight of these homes is now 19 to 23 lbs. per square foot,

or an average increase of over 25 percent.

Furthermore, the increase in the design standards for homes shipped

into high wind areas (Federal Register Vol. 59, No. 10, published

January 14, 1994) will further increase the weight of homes due to the

strengthening of the roof and wall construction. In this new wind

standard, the wind design pressure for homes placed in High Wind Zone 2

has been increased to 39 psf with a 47 psf design pressure in High Wind

Zone 3. Therefore, in high wind areas, the increase in weight from 1976

to the present could be as much as 30 percent.

C. Increased Speed on the Highways

Tire research undertaken by HUD indicated that tire overloading

would not degrade tire life and performance when homes were transported

at 50 mph. During the mid-1970's, the speed of travel in the United

States was limited to 55 mph. Accordingly, HUD concluded that the

likely travel speeds would be consistent with the research results and

that the overloading of tires would not result in a high percentage of

tire failure.

In large areas of the southern and western United States, the speed

limit has been increased to 65 mph. The 1994 Tire and Rim Association

Yearbook has indicated that tires can be overloaded by 9 percent if the

tires are operated at speeds less than 50 mph. Speeds of 65 mph impose

substantially greater loads on tires and industry standards would not

permit the overloading of the tires at high speeds.

VII. The Use of Products in Excess of the Manufacturer's

Recommendations Is Contrary to Accepted Practice in Other Sections of

the Standards

In many sections of the Manufactured Home Construction and Safety

Standards, HUD has indicated that products included in manufactured

homes should be used in accordance with the requirements of their

listing and the supplier's installation instructions. While Subpart J

does not specifically include requirements that the components be

listed and certified, there are a number of other sections of the

Standards (e.g. Sec. 3280.304 etc.) where HUD has indicated that the

component should be used in accordance with the manufacturer's design

limitations for safe and effective operation.

HUD believes that the transportation system should be modeled after

these other sections of the Standards that acknowledge the limitations

established for listed products or the limitations determined by the

supplier of the product. For this reason, HUD believes that significant

overloading of the tires is a practice which is contrary to the

collective judgement of the producers of these products and sound

engineering practices because it permits the use of a product well

beyond its design capacity. Such a direct violation of the listing or

the supplier's usage instructions is not permitted in other sections of

the Standards. Also, suppliers indicated that tire overloading of this

magnitude is not permitted for any other commercial tire.

VIII. Conclusions and the Proposed Schedule for Modifying the Current

Interpretative Bulletin

Based on the high rate of tire failure, the impact of tire failure

on the structural integrity of the home and concerns about the safety

of the travelling public on increasingly crowded public highways, HUD

has concluded that the current overloading of manufactured home tires

is no longer defensible. Secondly, HUD believes that the reasons for

previously permitting the overloading do not reflect the current

weights of manufactured homes, the multiple reuse of running gear

equipment, and the experience of the transporters.

In addition, HUD is persuaded that the use of products

substantially in excess of their design capacity is unsound and that

the current degree of tire overloading and failure rates associated

with increased travel speeds, less-than-ideal highway conditions, and

heavier manufactured homes is not acceptable. Given today's conditions,

the Interpretative Bulletin may be permitting practices which do not

assure ``that the running gear assembly, as part of the chassis, shall

be designed to perform, as a balanced system, in order to effectively

sustain the designed loads set forth in Sec. 3280.904(b)(3) and to

provide for durable dependable safe

[[Page 18021]]

mobility of the manufactured home'' (emphasis added).

Therefore, HUD has concluded that elimination or substantial

mitigation of tire overloading is needed. While the use of 9-14.5

Series F tires would be a possible option, these tires are not

currently being produced. Therefore, a proposed rule which imposes such

a requirement would require a long phase-in period. Also, the use of 9-

14.5 Series F tires would be the most expensive option.

The 8-14.5 Series F tires can be produced with the same molds as 8-

14.5 Series E tires which would shorten the necessary lead time. Series

F tires, though, have not been produced in any quantity over the last

several years and therefore, there are relatively few used tires that

are available. Since most of the tires used to transport homes are

used, this would further exacerbate a potential tire shortage and delay

the implementation of a proposed rule. Hence, the available options

have been narrowed to the acceptance of 18 percent overloading versus

the elimination of tire overloading through the use of 8-14.5 Series E

tires and an additional axle.

Absence of Authoritative Information Concerning This Subject

Definitive data on the effect of reducing the number of tire

failures through the use of 8-14.5 Series E tires is not available.

Evaluating the risk of allowing tire overloading by 18 percent versus

no tire overloading is complicated by inadequate information on the

causes of tire failure, the safety margins built into various tires,

and the relative performance of new and used tires.

The Administration's policy in Executive Order 12866, Regulatory

Planning and Review, requires that ``Agencies should assess costs and

benefits, both quantifiable and non-quantifiable and choose the

approach with the maximum net benefits.'' Based on the information

included in Table F, 18 percent tire overloading would impose one-half

of the cost of the elimination of tire overloading and might therefore

be the best alternative at this time, since it provides the greatest

benefits for the least added cost.

While Options 1 and 3 will entail some additional cost to home

manufacturers, the use of slightly overloaded and properly inflated 8-

14.5 Series E tires should substantially reduce the number of tire

failures. The cost avoided by eliminating tire failures will be

considerable since there are service calls, lost productivity due to

the time it takes to change the tire, and even in some cases damage to

the home. Knowledgeable sources indicated that the added cost for

upgraded tires may be substantially or wholly offset by reduced service

calls, longer tire life, and other benefits.

Therefore, FHWA and HUD are proposing to permit the overloading of

manufactured home tires by not more than 18 percent for a period of two

years from the effective date of the final rule and amended

interpretative bulletin. During that two year period, both agencies

would review any test and other technical data submitted by the

manufactured housing industry and tire manufacturers concerning the

relative performance of tires which are overloaded by 18 percent versus

no tire overloading.

Unless both agencies are persuaded that the 18 percent overloading

does not pose a risk to the traveling public and to the stability of

the manufactured home, any overloading of tires beyond their design

capacity would be prohibited after two years from the effective date of

the final rule. FHWA and HUD encourage tire manufacturers and suppliers

to submit all test and relevant information concerning the use of 8-

14.5 Series E tires with an effective overloading of 18 percent.

Implementation Schedule for Changes in the Standards

Manufactured home production is likely to exceed 450,000 sections

this year which will be a 20-year high for the industry. Since there

are insufficient 8-14.5, Series E tires being produced, a sudden change

in the tire requirements could result in shortages and disruption of

manufactured housing shipments.

In a letter to Mr. Frank Williams, Director of the Florida

Manufactured Housing Association, dated February 7, 1994, Goodyear Tire

and Rubber indicated that the tire demand for 1994 would be 2,400,000

tires. Goodyear also indicated that should HUD eliminate the

overloading of tires, thus prohibiting the use of the 7-14.5 tires,

Goodyear could meet only 20 percent of the demand for 8-14.5 Series E

tires.

Discussions with other tire industry officials indicated that

producers would require a number of months to increase production to 90

percent of the expected 8-14.5 Series E tire demand. Other sources

believed that adequate supplies of 8-14.5 Series E tires could be made

available within 9 months. HUD has concluded that it is in the public

interest to modify Interpretative Bulletin J-1-76 as soon as an

adequate supply of 8-14.5 Series E tires is available. Therefore, these

changes are proposed to be made effective nine months after the

publication of the amended interpretative bulletin.

Upon the effective date, tire overloading would be reduced to a

level not greater than 18 percent and the number of axles necessary to

support the transportation of the home would be based on engineering

analysis or testing as required by 24 CFR 3280.904. HUD would welcome

comments from tire suppliers and producers as to the feasibility of

this implementation schedule.

IX. Proposed Changes to Interpretative Bulletin J-1-76 of the

Manufactured Housing Standards

HUD has determined that the following changes should be made to

Interpretative Bulletin J-1-76:

1. Section C--``Axles'' would be deleted in its entirety because

the Tables in that Section were based on higher service load factors of

up to 50% for tires. In addition, there has been an increase of

approximately 25% in design weights for currently produced manufactured

homes than was originally assumed to develop the Tables.

Axles would be required to withstand the actual imposed dead load

including all of the design loads outlined in Sec. 3280.904(b)(3)

without exceeding maximum allowable stresses for design axle life as

recommended by the axle manufacturer. The manufacturer would determine

the number of axles by engineering analysis or by testing as permitted

in Section 3280.903(c).

Alternatively, if the manufacturer has submitted documented

evidence of transportation experience, the minimum number of axles

permitted by the experience record (weight slips, etc.) may not be less

than the number of axles required to meet the above criteria. Also, the

transportation experience must reflect the number of axles and tires

that would be required under Subpart D of the Interpretative Bulletin

as amended by this proposed rule.

2. Section D--``Tires, Wheels, and Rims'' would be revised as

follows:

Tires shall be sized and fitted to axles in accordance with the

gross axle weight rating determined by the manufactured home

manufacturer. The permissible tire loading may be increased up to a

maximum of 18 percent over the rated load capacity of the manufactured

home tire as determined by the manufacturer of the tire. Used tires may

also be sized in accordance with the above criteria whenever the tread

depth is at least \2/32\ of an inch as determined by a tread wear

indicator. The determination as to whether a particular used tire is

acceptable shall also include a visual

[[Page 18022]]

inspection for thermal and structural defects (e.g., dry rotting,

excessive tire sidewall splitting, etc.). Wheels and rims shall be

sized in accordance with the tire manufacturer's recommendations as

suitable for use with the tires selected.

X. Proposed Amendments to the FMCSRs

The FHWA is proposing to amend 49 CFR 393.75 to make the FMCSRs

consistent with the HUD's proposed amendments to Interpretative

Bulletin J-1-76. Section 393.75(f)(1)(i) and (ii) would be redesignated

as Sec. 393.75(f)(1) and (2). The redesignated paragraphs would address

all CMVs with the exception of manufactured homes. Section 393.75(f)(2)

would also reinstate speed restrictions on CMVs operated on overloaded

tires. The FHWA is proposing that vehicles with overloaded tires be

prohibited from operating at speeds above 80 km/hr (50 mph). This speed

ensures the safe operation of the vehicle while preventing conflicts

with minimum speed limits in certain States. The 80 km/hr (50 mph)

speed is consistent with the previous speed restriction which was

rescinded in 1988.

The FHWA is not proposing limitations on the amount of tire

overloading allowed for vehicles other than manufactured homes. The

FHWA will examine that issue separately from this rulemaking and, if

necessary, propose amendments in a future proceeding.

To address the issue of overloaded tires on manufactured homes, the

FHWA is proposing a new paragraph. Section 393.75(g) would allow 18

percent overloading of manufactured home tires for a period of two

years after the effective date of the final rule. Manufactured homes

operating on tires overloaded by more than 9 percent would be

restricted to a maximum speed of 80 km/hr (50 mph). This speed

restriction is consistent with information contained in the 1994 Tire

and Rim Association Handbook.

The FHWA notes that HUD is not proposing to include a speed

restriction in the Interpretative Bulletin. While this would result in

a difference between the revised Interpretative Bulletin and the

amended FMCSRs, the FHWA and HUD do not believe this minor difference

will create enforcement problems for the States. Since speed limits are

not related to the HUD standards for components or elements of the

manufactured housing units, the reinstatement of a speed restriction

under Sec. 393.75, and subsequent adoption by the States, would not be

in conflict with the revised Interpretative Bulletin.

With regard to the tire pressure and inflation requirements

currently found at Sec. 393.75(f)(2) and (3), the FHWA proposes to

include these provisions in a new paragraph, Sec. 393.75(h). The FHWA

is not proposing substantive changes to the requirements concerning

tire pressure and inflation at this time.

XI. Proposed Effective Date for FHWA and HUD Amendments

The FHWA and HUD propose that these revisions to the Regulations

and the Interpretative bulletin be made effective nine months after the

publication of the final rule.

XII. Rulemaking Analysis and Notices

All comments received before the close of business on the comment

closing date indicated above will be considered and will be available

for examination in the dockets at the above address. Comments received

after the comment closing date will be filed in the docket and will be

considered to the extent practicable, but the FHWA and HUD may issue a

final rule at any time after the close of the comment period. In

addition to late comments, the FHWA will also continue to file in the

docket FHWA MC-95-1 relevant information that becomes available after

the comment closing date, and interested persons should continue to

examine the docket for new material.

Executive Order 12866 (Regulatory Planning and Review) and DOT

Regulatory Policies and Procedures

The FHWA and HUD have determined that this action is not a

significant regulatory action within the meaning of Executive Order

12866. In addition, the FHWA has determined that this action is not

significant within the meaning of Department of Transportation

regulatory policies and procedures. This rule would, if adopted,

establish tire loading limitations for manufactured homes transported

in interstate commerce. This action would eliminate inconsistency

between the FHWA and HUD requirements for manufactured homes. The FHWA

and HUD have evaluated the economic impact of potential changes to the

regulatory requirements concerning the safe transportation of

manufactured homes and determined that the proposed standard is

reasonable, appropriate, and the least costly and intrusive approach

for the resolution of this issue.

Nevertheless, based on the information received in response to this

notice, the FHWA and HUD intend to carefully consider the costs and

benefits associated with various alternative requirements. Comments,

information, and data are solicited on the economic impact of the

potential changes.

Regulatory Flexibility Act

In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-

612), the FHWA and HUD have evaluated the potential effects of this

rulemaking proposal on small entities and determined that the proposed

standard is reasonable, appropriate, and the least costly and intrusive

approach for the resolution of this issue. The FHWA and HUD certify

that this rulemaking does not have a significant economic impact on a

substantial number of small entities. The FHWA and HUD solicit

comments, information, and data on these impacts.

Executive Order 12612 (Federalism Assessment)

The FHWA has analyzed this rulemaking in accordance with the

principles and criteria contained in Executive Order 12612, Federalism,

and determined that this action does not have sufficient federalism

implications to warrant the preparation of a Federalism Assessment.

The General Counsel of HUD, as the Designated Official under

Section 6(a) of Executive Order 12612, has determined that the policies

contained in this rule will not have substantial direct effects on

States or their political subdivisions, or the relationship between the

Federal government and the States, or on the distribution of power and

responsibilities among the various levels of government. As a result,

the rule is not subject to review under the Order.

Specifically, the requirements of this rule are directed to

manufacturers and do not impinge upon the relationship between the

Federal government and State and local governments.

Executive Order 12372 (Intergovernmental Review)

Catalog of Federal Domestic Assistance Program Number 20.217, Motor

Carrier Safety. The regulations implementing Executive Order 12372

regarding intergovernmental consultation on Federal programs and

activities apply to this program.

Paperwork Reduction Act

The proposal in this document does not contain information

collection requirements [44 U.S.C. 3501 et seq.].

[[Page 18023]]

National Environmental Policy Act

The FHWA has analyzed this action for the purpose of the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and

determined that this action would not have any effect on the quality of

the environment.

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. The Finding of No Significant Impact is available for

public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the

Office of the Rules Docket Clerk at the above address.

Regulation Identification Numbers

A regulation identification number (RIN) is assigned to each

regulatory action listed in the Unified Agenda of Federal Regulations.

The Regulatory Information Service Center publishes the Unified Agenda

in April and October of each year. The RINs contained in the heading of

this document can be used to cross reference this action with the

Unified Agenda.

Executive Order 12606, The Family

The General Counsel of HUD, as the Designated Official under

Executive Order 12606, The Family, has determined that this rule does

not have potential for significant impact on formation, maintenance,

and general well-being of families, and thus, is not subject to review

under the Order. The rule involves requirements for transportation

safety standards for manufactured homes. Any effect on the family would

likely be indirect and insignificant.

List of Subjects in 24 CFR Part 3280

Fire prevention, Housing standards, Manufactured homes.

List of Subjects in 49 CFR Part 393

Highway safety, Highways and roads, Motor carriers, and Motor

vehicle safety.

In consideration of the foregoing, the Department of Housing and

Urban Development proposes to amend 24 CFR part 3280 and Interpretative

Bulletin J-1-76, and the Department of Transportation, Federal Highway

Administration proposes to amend 49 CFR part 393 as set forth below.

24 CFR Chapter XX

PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

1. The authority citation for Part 3280 is revised to read as

follows:

Authority: 42 U.S.C. 3535(d), 5301, and 5401.

2. Interpretative Bulletin J-1-76 published at 41 FR 53627

(December 7, 1976) would be amended as follows. (The Interpretative

Bulletin is available from the Rules Docket Clerk, Room 10276,

Department of Housing and Urban Development, 451 7th St. SW.,

Washington, DC 20410).

Section C. of the interpretative bulletin would be removed. Section

D. would be redesignated as Section C. and would be revised to read as

set forth below. Sections E. and F. would be redesignated as Sections

D. and E.

* * * * *

C. Tires shall be sized and fitted to axles in accordance with

the gross axle weight rating determined by the mobile home

manufacturer. The permissible tire loading may be increased up to a

maximum of 18 percent beyond the rated load capacity of the

manufactured home tire as determined by the manufacturer of the

tire. Used tires may also be sized in accordance with the above

criteria whenever the tread depth is at least \2/32\ of an inch as

determined by a tread wear indicator. The determination as to

whether a particular used tire is acceptable shall also include a

visual inspection of thermal and structural defects (e.g., dry

rotting, excessive tire sidewall splitting, etc.). Wheels and rims

shall be sized in accordance with the tire manufacturer's

recommendations as suitable for use with the tires selected. This

provision will become effective nine months after the publication

date of the final rule (insert publication date). This provision

will expire (INSERT DATE TWO YEARS AFTER THE EFFECTIVE DATE OF THE

AMENDED INTERPRETATIVE BULLETIN) unless extended by mutual consent

of FHWA and HUD.

* * * * *

49 CFR Chapter III

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

4. The authority citation at the end of Sec. 393.75 would be

removed and the authority citation for 49 CFR part 393 would be revised

to read as follows:

Authority: Section 1041(b) of Pub. L. 102-240, 105 Stat. 1914,

1993; 49 U.S.C. 31136 and 31502; 49 CFR 1.48.

5. Section 393.5 would be amended by adding the definitions of

manufactured home, length of a manufactured home, and width of a

manufactured home, placing them in alphabetical order, as follows:

* * * * *

Length of a manufactured home. The largest exterior length in the

traveling mode, including any projections which contain interior space.

Length does not include bay windows, roof projections, overhangs, or

eaves under which there is no interior space, nor does it include

drawbars, couplings or hitches.

* * * * *

Manufactured home. A structure, transportable in one or more

sections, which in the traveling mode, is eight feet or more in width

or forty feet or more in length or, when erected on site, is three

hundred and twenty or more square feet, and which is built on a

permanent chassis and designed to be used as a dwelling with or without

a permanent foundation when connected to the required utilities, and

includes the plumbing, heating, air-conditioning, and electrical

systems contained therein. Calculations used to determine the number of

square feet in a structure will be based on the structure's exterior

dimensions measured at the largest horizontal projections when erected

on site. These dimensions will include all expandable rooms, cabinets,

and other projections containing interior space, but do not include bay

windows. This term includes all structures which meet the above

requirements except the size requirements and with respect to which the

manufacturer files a certification pursuant to 24 CFR 3282.13 and

complies with the standards set forth in part 24 CFR 3280.

* * * * *

Width of a manufactured home. The largest exterior width in the

traveling mode, including any projections which contain interior space.

Width does not include bay windows, roof projections, overhangs, or

eaves under which there is no interior space.

6. Section 393.75 would be amended by revising paragraph (f), and

by adding paragraphs (g) and (h) to read as follows:

Sec. 393.75 Tires.

* * * * *

(f) Tire loading restrictions. With the exception of manufactured

homes, no motor vehicle shall be operated with tires that carry a

weight greater than that marked on the sidewall of the tire or, in the

absence of a marking on the sidewall of the tire, a weight greater than

that specified for the tires in any of the publications of any of the

organizations listed in FMVSS No. 119 (49 CFR 571.119, S5.1(b)) unless:

(1) The vehicle is being operated under the terms of a special

permit issued by the State; and

(2) The vehicle is being operated at a reduced speed to compensate

for the tire loading in excess of the manufacturer's rated capacity for

the tire. In no case shall the speed exceed 80 km/hr (50 mph).

(g) Tire loading restrictions for manufactured homes. Effective

(INSERT

[[Page 18024]]

DATE NINE MONTHS AFTER THE PUBLICATION DATE OF THE FINAL RULE), tires

used for the transportation of manufactured homes (i.e., tires marked

or labeled 7-14.5MH and 8-14.5MH) may be loaded up to 18 percent over

the load rating marked on the sidewall of the tire or, in the absence

of a marking on the sidewall of the tire, 18 percent over the load

rating specified in any of the publications of any of the organizations

listed in FMVSS No. 119 (49 CFR 571.119, S5.1(b)). Manufactured homes

transported on tires overloaded by 9 percent or more must not be

operated at speeds exceeding 80 km/hr (50 mph). This provision will

expire (INSERT DATE TWO YEARS AFTER THE EFFECTIVE DATE OF THE FINAL

RULE) unless extended by mutual consent of FHWA and HUD.

(h) Tire inflation pressure.

(1) No motor vehicle shall be operated on a tire which has a cold

inflation pressure less than that specified for the load being carried.

(2) If the inflation pressure of the tire has been increased by

heat because of the recent operation of the vehicle, the cold inflation

pressure shall be estimated by subtracting the inflation buildup factor

shown in Table 1 from the measured inflation pressure.

Table 1.--Inflation Pressure Measurement Correction for Heat

----------------------------------------------------------------------------------------------------------------

Minimum inflation pressure buildup

Average speed of vehicle in the ------------------------------------------------------------------------------

previous hour Tires with 1,814 kg (4,000 lbs.) maximum load Tires with over 1,814 kg

rating or less (4,000 lbs.) load rating

----------------------------------------------------------------------------------------------------------------

66-88.5 km/hr (41-55 mph)........ 34.5 kPa (5 psi)............................. 103.4 kpa (15 psi).

----------------------------------------------------------------------------------------------------------------

Issued on: March 15, 1996.

Nicolas P. Retsinas,

Assistant Secretary for Housing-Federal Housing Commissioner.

Rodney E. Slater,

Federal Highway Administrator.

[FR Doc. 96-9717 Filed 4-22-96; 8:45 am]

BILLING CODE 4210-27-P