70222 Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 3280

[Docket No. FR–4622–F–01]

Manufactured Home Construction and

Safety Standards; Manufactured Home

Tires; Amendment of HUD

Interpretative Bulletin J–1–76

AGENCY: Office of the Assistant

Secretary for Housing—Federal Housing

Commissioner, HUD.

ACTION: Amendment of Interpretative

Bulletin.

SUMMARY: HUD is amending

Interpretative Bulletin J–1–76 to remove

a paragraph that references an

expiration date applicable to one part of

the Interpretative Bulletin. After that

date the part of the Interpretative

Bulletin that permits tires used to

transport manufactured homes to be

loaded to a maximum of 18 percent

above their rated load capacity would

no longer be effective. Similarly,

elsewhere in today’s Federal Register,

the Federal Motor Carrier Safety

Administration (‘‘FMCSA’’) of the

Department of Transportation is

publishing a final rule delaying the date

for the expiration of its regulations

permitting the same loading of tires for

manufactured homes. Consistent with

an earlier joint rulemaking, these

actions are being taken mutually by

HUD and the FMCSA in response to

information that the current

requirements achieve an appropriate

level of safety.

EFFECTIVE DATE: November 15, 2000.

FOR FURTHER INFORMATION CONTACT:

Rebecca J. Holtz, Acting Director, Office

of Consumer and Regulatory Affairs,

Room 9146, Department of Housing and

Urban Development, 451 Seventh Street,

SW, Washington, DC 20410; telephone

202–708–0502 (this is not a toll-free

number). Hearing-or speech-impaired

individuals may call 1–800–877–8339

(Federal Information Relay Service TTY,

which is a toll-free number).

SUPPLEMENTARY INFORMATION: On

February 18, 1998 (63 FR 8330), the

Federal Highway Administration

(‘‘FHWA’’) (the FMCSA is the successor

authority for this rulemaking) amended

its regulations concerning the amount of

load on a manufactured home tire. On

that same day and in that same

publication, HUD amended its

Manufactured Home Construction and

Safety Standards Interpretative Bulletin

that addressed the same subject (63 FR

8330, 8339).

Through these amendments, the

FHWA and HUD reduced the amount of

tire overloading allowed (at the time up

to 50 percent above the tire

manufacturers’ load ratings) on tires

used to transport manufactured homes.

As a result of the rulemaking, the

maximum amount of loading on a

manufactured home tire was reduced so

that it cannot exceed the tire

manufacturer’s load rating by more than

18 percent. Manufactured homes

transported on tires overloaded by 9

percent or more may not be operated at

speeds exceeding 80 km/hr (50mph).

The rulemaking allowed 18 percent tire

overloading for a 2-year period, which

will end on November 20, 2000.

In that initial rulemaking, the FHWA

and HUD indicated that unless both

agencies are persuaded that 18 percent

overloading does not pose a risk to the

traveling public or have an adverse

impact on safety or the ability of motor

carriers to transport manufactured

homes, any overloading of tires beyond

their design capacities will be

prohibited after November 20, 2000.

HUD and FMCSA have agreed that

there is sufficient basis to extend the

date for allowing 18 percent overloading

of tires used to transport manufactured

homes. Elsewhere in today’s Federal

Register, the FMCSA is publishing a

final rule that delays until December 31,

2001, the termination date, after which

the FMCSA regulations would not

continue to permit overloading of tires.

HUD is amending its Interpretative

Bulletin (IB) J–1–76 to be consistent

with the FMCSA action. As discussed in

the FMCSA final rule, both FMCSA and

HUD believe that additional time,

beyond the November 20, 2000,

expiration date, is needed to review

available data and information more

thoroughly before permanent action can

be taken to define permissible loading of

such tires. HUD and the FMCSA will

continue to coordinate review of this

matter, and interested persons are

encouraged to refer to the FMCSA final

rule for additional information.

In amending IB J–1–76 to remove the

reference to the expiration date, HUD

will continue to permit, as allowed

under current law, tires used to

transport manufactured homes to be

inflated to a maximum of 18 percent

above their rated load capacity. Because

this action must be taken quickly to

avoid a period of time in which the

requirements intended by HUD (and the

FMCSA) would not be in effect, and in

which industry and the public would

not be certain of the applicable

requirements, HUD has deemed that it

would not be in the public interest to

issue this amendment of the IB for

public comment. If HUD and FMCSA

subsequently determine that the

requirements relating to overloading of

tires used to transport manufactured

homes need to be changed, those

changes will be adopted in accordance

with law and published in the Federal

Register.

The paragraph that is removed from

Section D of IB J–1–76 currently reads:

[This Section D is effective November 16,

1998.] Manufactured homes that are labeled

on or after the effective date must comply

with this Section D. This provision will

expire November 20, 2000, unless extended

by mutual consent of the Federal Highway

Administration and HUD during any

subsequent rulemaking.]

Accordingly, Interpretative Bulletin J–

1–76 is amended by revising Section D,

as follows:

Note: This bulletin does not appear in the

Code of Federal Regulations.

Interpretative Bulletin J–1–76,

Transportation—Subpart J of Part 3280

* * * * *

Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 / Rules and Regulations 70223

D. Section 3280.904(b)(8)—Tires,

Wheels, And Rims

Tires and rims 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 marked on

the sidewall of the tire or increased up

to a maximum of 18 percent over the

rated load capacity specified for the tire

in any of the publications of any of the

organizations listed in Federal Motor

Vehicle Safety Standard (FMVSS) No.

119 (49 CFR 571.119, S5.1(b)).

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.

The load and cold inflation pressure

imposed on the rim or wheel must not

exceed the rim and wheel

manufacturer’s instructions even if the

tire has been approved for a higher load

or inflation. Tire cold inflation pressure

limitations and the inflation pressure

measurement correction for heat shall

be as specified in 49 CFR 393.75(h).

* * * * *

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

Dated: November 15, 2000.

William C. Apgar,

Assistant Secretary for Housing-Federal

Housing Commissioner.

[FR Doc. 00–29752 Filed 11–17–00; 9:53 am]

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