Snow Load Map for Manufactured Homes; Technical Correction

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.

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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:

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.

* * *

* * * * *

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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]

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