54546 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations

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 tollfree numbers). For hearing-and speechimpaired 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

§ 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

§ 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

§ 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

§ 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 § 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

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

§ 3280.305 Structural design requirements.

* * * * *

(c) * * *

(3) * * *

(i) * * *

Zone (see Map in § 3280.305(c)(4))

Pounds

per

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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54548 Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations
Federal Register / Vol. 62, No. 202 / Monday, October 20, 1997 / Rules and Regulations 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]

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