6806 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules 

1When originally enacted as Title VI of the 

Housing and Community Development Act of 1974, 

the Act was titled the ‘‘Mobile Home Construction 

and Safety Standards Act of 1974’’. Section 308 of 

the Housing and Community Development Act of 

1980 (Pub. L. 96–399, approved October 8, 1980) 

amended the Act by replacing ‘‘Mobile Home’’ with 

‘‘Manufactured Housing’’ in the title and by 

replacing each reference to ‘‘mobile home’ with 

‘‘manufactured home.’’ Section 599A of the 

Department of Housing and Urban Development’s 

Appropriations Act for 1998 (Pub. L. 105–276, 

approved October 21, 1998) amended the definition 

of manufactured home to exclude ‘‘any selfpropelled recreational vehicle.’’ 

with defense articles controlled in this 

category. 

Note to paragraph (x): Use of this 

paragraph is limited to license 

applications for defense articles 

controlled in this category where the 

purchase documentation includes 

commodities, software, or technical data 

subject to the EAR (see § 123.1(b) of this 

subchapter). 

* * * * * 

Rose E. Gottemoeller, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2016–02587 Filed 2–8–16; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 3280 and 3282 

[Docket No. FR–5877–P–01] 

RIN 2502–AJ33 

Manufactured Home Procedural and 

Enforcement Regulations; Revision of 

Exemption for Recreational Vehicles 

AGENCY: Office of the Assistant 

Secretary for Housing-Federal Housing 

Commissioner, HUD. 

ACTION: Proposed rule. 

SUMMARY: This rulemaking proposes to 

revise the exemption for recreational 

vehicles that are not self-propelled from 

HUD’s Manufactured Housing 

Procedural and Enforcement 

Regulations. This proposed rule is based 

on a recommendation adopted by the 

Manufactured Housing Consensus 

Committee (MHCC) which would define 

a recreational vehicle as one built on a 

vehicular structure, not certified as a 

manufactured home, designed only for 

recreational use and not as a primary 

residence or for permanent occupancy, 

and built and certified in accordance 

with either the National Fire Protection 

Association (NFPA) 1192–15 or 

American National Standards Institute 

(ANSI) A119.5–09 consensus standards 

for recreational vehicles. HUD is 

adopting the MHCC’s recommendation 

but modifying it to require certification 

with the updated ANSI standard, 

A119.5–15, and by including a 

requirement that units claiming the 

ANSI A119.5–15 exemption 

prominently display a notice stating that 

the unit is designed only for recreational 

use, and not as a primary residence or 

permanent dwelling. 

DATES: Comments Due Date: April 11, 

2016. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this rule to the Regulations Division, 

Office of General Counsel, Department 

of Housing and Urban Development, 

451 Seventh Street SW., Washington, 

DC 20410–0500. Room 10276, 

Washington, DC 20410–0500. 

Communications must refer to the above 

docket number and title. There are two 

methods for submitting public 

comments. All submissions must refer 

to the above docket number and title. 

1. Submission of Comments by Mail. 

Comments may be submitted by mail to 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, 451 

7th Street SW., Room 10276, 

Washington, DC 20410–0500. 

2. Electronic Submission of 

Comments. Interested persons may 

submit comments electronically through 

the Federal eRulemaking Portal at 

www.regulations.gov. HUD strongly 

encourages commenters to submit 

comments electronically. Electronic 

submission of comments allows the 

commenter maximum time to prepare 

and submit a comment, ensures timely 

receipt by HUD, and enables HUD to 

make them immediately available to the 

public. Comments submitted 

electronically through the 

www.regulations.gov Web site can be 

viewed by other commenters and 

interested members of the public. 

Commenters should follow the 

instructions provided on that site to 

submit comments electronically. 

Note: To receive consideration as 

public comments, comments must be 

submitted through one of the two 

methods specified above. Again, all 

submissions must refer to the docket 

number and title of the rule. 

No Facsimile Comments. Facsimile 

(FAX) comments are not acceptable. 

Public Inspection of Public 

Comments. All properly submitted 

comments and communications 

submitted to HUD will be available for 

public inspection and copying between 

8 a.m. and 5 p.m. weekdays at the above 

address. Due to security measures at the 

HUD Headquarters building, an advance 

appointment to review the public 

comments must be scheduled by calling 

the Regulations Division at 202–708– 

3055 (this is not a toll-free number). 

Individuals with speech or hearing 

impairments may access this number 

through TTY by calling the Federal 

Information Relay Service at 800–877– 

8339. Copies of all comments submitted 

are available for inspection and 

downloading at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Pamela Beck Danner, Administrator, 

Office of Manufactured Housing 

Programs, Office of Housing, 

Department of Housing and Urban 

Development, 451 Seventh Street SW., 

Washington DC 20410; telephone (202) 

708–6409 (this is not a toll free number). 

Persons with hearing or speech 

impairments may access this number 

via TTY by calling the toll free Federal 

Information Relay Service at 1–800– 

877–8389. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Manufactured Housing 

Construction and Safety Standards Act 

of 1974 1 (Pub. L. 93–383, approved 

August 22, 1974) (42 U.S.C. 5401–5426) 

(the Act) authorizes HUD to establish 

and amend the Federal Manufactured 

Home Construction and Safety 

Standards (the Construction and Safety 

Standards, or Standards). When 

originally enacted, the Act covered 

mobile homes, defined as ‘‘a structure, 

transportable in one or more sections, 

which is eight body feet or more in 

width and is thirty-two feet in length.’’ 

Consequently, structures measuring less 

than 256 square feet were excluded from 

the definition of mobile home under the 

Act. 

On May 13, 1976 (41 FR 19846), HUD 

issued 24 CFR part 3282, its Mobile 

Home Procedural and Enforcement 

regulations. In this regulation, HUD 

codified its first recreational vehicle 

exemption. Recognizing that 

recreational vehicles in excess of 256 

square feet would be included in the 

definition of ‘‘mobile home,’’ HUD 

decided to exempt recreational vehicles 

from the scope of the regulation since 

they are not designed to be used as a 

permanent dwelling. HUD determined 

that, ‘‘[r]ecreational vehicles do not fall 

within the definition of mobile homes 

and are not subject to these regulations. 

A recreational vehicle is a vehicle, 

regardless of size, which is not designed 

to be used as a permanent dwelling, and 

in which the plumbing, heating, and 

electrical systems contained therein 

may be operated without connection to 

outside utilities and which are selfmstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules 6807 

2http://portal.hud.gov/hudportal/documents/

huddoc?id=A188.pdf. 3http://portal.hud.gov/hudportal/documents/

huddoc?id=loftletter.pdf. 4 .http://portal.hud.gov/hudportal/documents/

huddoc?id=rvmemo.pdf. 

propelled or towed by a light duty 

vehicle.’’ 

In 1980, the Housing and Community 

Development Act of 1980 (Pub. L. 96– 

399, approved October 8, 1980) 

amended the definition of ‘‘mobile 

home’’ in the Act by striking out ‘‘eight 

body feet or more in width and thirtytwo body feet or more in length’’ and 

substituting ‘‘in traveling mode, is eight 

body feet or more in width or forty body 

feet or more in length or, when erected 

on site, is three hundred twenty or more 

square feet.’’ The Housing and 

Community Development Act of 1980 

also added a provision to the Act that 

exempted from the coverage, ‘‘any 

structure which meets all the 

requirements of this paragraph [42 

U.S.C. 5402(6)] except the size 

requirements and with respect to which 

the manufacturer voluntarily files a 

certification required by the Secretary 

and complies with the standards 

established under this title.’’ 

On August 7, 1981 (46 FR 40498), 

HUD proposed removing the exemption 

for certain recreational vehicles from its 

Procedural and Enforcement 

regulations. HUD stated that it had 

received numerous comments from the 

manufactured housing industry and 

from the public criticizing the 

exemption, and that the exemption had 

been difficult to apply. HUD also stated 

that it proposed establishing a 

procedure under which manufacturers 

of units which meet the definition of 

manufactured home except for the size 

requirements may bring their units 

under the jurisdiction of the Act by 

providing for a certification. HUD stated 

that the proposed certification would be 

easy to comply with and place a 

minimal burden on the manufacturer. 

HUD received numerous comments, 

however, which were critical of the 

proposal to do away with the 

recreational vehicle exemption. As a 

result, relying on a conference report on 

the 1980 amendments that directed 

HUD to consider a more flexible 

standard for smaller manufactured 

homes (such as park models) whose 

square footage is between 320 and 400 

square feet, HUD continued the 

exemption but expanded it to its current 

form. Specifically, HUD determined that 

recreational vehicles were exempt from 

HUD’s Manufactured Home 

Construction and Safety Standards and 

its Procedural and Enforcement 

Regulations if a unit is: 

(1) Built on a single chassis; 

(2) 400 Square feet or less when 

measured at the largest horizontal 

projections; 

(3) Self-propelled or permanently 

towable by a light duty truck; and 

(4) Designed primarily not for use as 

a permanent dwelling but as temporary 

living quarters for recreational, 

camping, travel, or seasonal use. 

In 1988, HUD issued guidance to 

clarify the method for measuring a unit 

to determine whether it qualified as a 

recreational vehicle under HUD’s 

exemption. In interpretative bulletin A– 

1–88,2 HUD stated that ‘‘measurements 

shall be taken on the exterior of the 

home. The square footage includes all 

siding, corner trim, including storage 

space, and area enclosed by windows, 

but not the roofing overhang.’’ In 1997, 

HUD also allowed for lofts no more than 

5 feet in height to be excluded from the 

recreational vehicle exemption’s square 

footage requirements.3 Since 1988, A–1– 

88 and HUD’s loft guidance have been 

the sole, definitive standards for 

measuring for the recreational vehicle 

exemption. 

In the fall of 2014, HUD determined 

that some manufacturers were 

producing park model recreational 

vehicles (PMRVs) which were in excess 

of the recreational vehicle exemption’s 

400 square foot threshold. A PMRV (also 

known as a recreational park trailer) is 

a trailer-type recreational vehicle 

designed to provide temporary 

accommodation for recreation, camping 

or seasonal use. PMRVs are built on a 

single chassis, mounted on wheels and 

generally have a gross trailer area not 

exceeding 400 square feet in the set-up 

mode. Based on this determination, 

HUD issued a memorandum on October 

1, 2014, reiterating the method through 

which recreational vehicles should be 

measured to qualify for the recreational 

vehicle exemption.4 As part of that 

memorandum and in light of changes 

within both the Manufactured Housing 

and Recreational Vehicle industries, 

HUD agreed to submit the memorandum 

to the MHCC to consider whether the 

current exemption required updating. 

Subsequently, HUD also discovered 

that some Fifth Wheel Travel Trailers 

could also fall within HUD regulations. 

A Fifth-Wheel Travel Trailer is a 

towable recreational vehicle mounted 

on wheels and designed to be towed by 

a motorized vehicle by means of a 

towing mechanism that is mounted 

above or forward of the tow vehicle’s 

rear axle. However, HUD has not 

exercised regulatory oversight over Fifth 

Wheel Travel Trailers and considered 

them as falling within the regulatory 

exemption. 

On December 2, 2014, the MHCC 

considered HUD’s October 1, 2014, 

memorandum and recommended that 

HUD adopt language that more clearly 

differentiated recreational vehicles and 

manufactured housing. Specifically, the 

MHCC stated that ‘‘recreational 

vehicles, in their many shapes and 

sizes, are not manufactured homes and 

are outside of the manufactured home 

standards and regulations.’’ It also 

stated there is no need for a complicated 

definition of recreational vehicles and 

recommended that HUD revise its 

recreational vehicle exception to 

provide as follows: 

Recreational vehicles are not subject to this 

part, part 3280. A recreational vehicle is a 

factory built vehicular structure designed 

only for recreational use and not as a primary 

residence or for permanent occupancy, built 

and certified in accordance with NFPA 1192– 

15 or ANSI A119.5–09 consensus standards 

for recreational vehicles and not certified as 

a manufactured home. 

II. This Proposed Rule 

After reviewing the MHCC’s 

recommendation, HUD is accepting the 

recommendation with revision. Initially, 

HUD proposes to restructure the 

exemption by removing it from § 3282.8 

and codifying it at § 3282.15. HUD is 

also proposing to incorporate ANSI’s 

updated 2015 Recreational Park Trailer 

Standard, A119.5–15, which after 

review, HUD believes best reflects the 

current state of recreational vehicle 

construction. Finally, to ensure 

consumer awareness of the difference 

between manufactured housing and 

recreational vehicles and the 

construction standards used to build 

each, HUD is proposing to require that 

each ANSI A119.5–15 certified structure 

seeking an exemption include a notice 

to be prominently displayed in a 

temporary manner in the kitchen (i.e., 

countertop or exposed cabinet face) 

until the completion of the sale 

transaction that explains that the 

manufacturer certifies that the structure 

is a recreational vehicle designed only 

for recreational use, and not for use as 

a primary residence or for permanent 

occupancy. The notice shall further 

explain that the manufacturer certifies 

that the unit has been built in 

accordance with ANSI A119.5–15. This 

notice shall be placed prominently to 

ensure consumers are made plainly 

aware of the distinction between 

recreational vehicles that are not selfpropelled and manufactured housing, 

reflecting the intent of the MHCC in its 

recommendation to draw a clear 

distinction between the two products. 

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6808 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules 

III. Incorporation by Reference 

This rulemaking proposes to 

incorporate ANSI A119.5–15 and NFPA 

1192–15 consensus standards for 

Recreational Vehicles by reference. The 

ANSI A119.5–15 standard covers fire 

and life safety criteria and plumbing for 

PMRVs considered necessary to provide 

a reasonable level of protection from 

loss of life from fire and explosion. The 

NFPA 1192–15 standard provides the 

minimum construction standards 

considered necessary to protect against 

loss of life from fire and explosion for 

non-Park Model Recreational Vehicles. 

Both ANSI A119.5–15 and NFPA 1192– 

15 are available for review and comment 

via read-only, electronic access. NFPA 

1192–15 is available for review at 

http://www.nfpa.org/freeaccess. ANSI 

A119.5–15 is available for review at 

www.rvia.org/?ESID=A119. 

IV. Specific HUD Questions for Public 

Comment 

The public is invited to comment on 

any of the specific provisions included 

in this proposed rule and is also invited 

to comment on the following questions 

and on any other related matters or 

suggestions regarding this proposed 

rule: 

1. What if any costs beyond the notice 

requirements for recreational vehicle 

manufacturers seeking an ANSI A119.5 

exception would be imposed on 

recreational vehicle manufacturers as a 

result of the implementation of this 

proposed rule? Are PMRVs that meet 

HUD’s statutory and regulatory 

definitions of ‘‘manufactured homes’’ 

currently being constructed outside the 

scope of ANSI A119.5? If so, how many 

units are being built? What would be the 

costs of requiring these manufacturers to 

build to ANSI A119.5 in order to take 

advantage of the exemption? Would it 

be more efficient and advantageous for 

HUD to exercise direct regulatory 

oversight over this portion of the 

industry? What would be the costs and 

benefits of doing so? 

2. In what manner, if any, should 

HUD ensure that recreational vehicles 

conforming to NFPA 1192–2015 be 

certified to be exempt from the 

provisions of HUD’s Manufactured 

Home Procedural and Enforcement 

Regulations? For example, should HUD 

require that a Notice of certification be 

provided in each such recreational 

vehicle built to NFPA 1192–15 similar 

to the notice being proposed for PMRVs 

or should other methods be considered 

such as a label to be exempt from HUD’s 

regulations? 

3. As described in the preamble to 

this proposed rule, HUD has not 

exercised regulatory oversight over Fifth 

Wheel Recreational Vehicles that might 

meet the statutory and regulatory 

definitions of ‘‘manufactured home,’’ 

This proposed rule proposes to except 

Fifth Wheel Recreational Vehicles from 

regulatory oversight. Should HUD take a 

different approach and begin exercising 

regulatory oversight of these units that 

meet the statutory and regulatory 

definitions of ‘‘manufactured home?’’ 

What are the costs and benefits of 

bringing these units within HUD 

oversight? Should HUD exercise any 

regulatory authority over Fifth Wheelers 

or other forms of recreational vehicles? 

V. Findings and Certifications 

Regulatory Review—Executive Orders 

12866 and 13563 

Under Executive Order 12866 

(Regulatory Planning and Review), a 

determination must be made whether a 

regulatory action is significant and, 

therefore, subject to review by the Office 

of Management and Budget (OMB) in 

accordance with the requirements of the 

order. Executive Order 13563 

(Improving Regulations and Regulatory 

Review) directs executive agencies to 

analyze regulations that are ‘‘outmoded, 

ineffective, insufficient, or excessively 

burdensome, and to modify, streamline, 

expand, or repeal them in accordance 

with what has been learned. Executive 

Order 13563 also directs that, where 

relevant, feasible, and consistent with 

regulatory objectives, and to the extent 

permitted by law, agencies are to 

identify and consider regulatory 

approaches that reduce burdens and 

maintain flexibility and freedom of 

choice for the public. This proposed 

rule is not a significant regulatory action 

under section 3(f) of Executive Order 

12866, Regulatory Planning and Review, 

and it was not reviewed by the Office of 

Management and Budget (OMB). This 

proposed rule revises the definition of 

recreational vehicle to clarify the types 

of recreational vehicles excepted by 24 

CFR parts 3280 and 3282. In the past, 

both consumers and manufacturers of 

recreational vehicles have questioned 

whether certain recreational vehicles are 

subject to HUD’s Construction and 

Safety Standards, codified in 24 CFR 

part 3280, and HUD’s Manufactured 

Home Procedural and Enforcement 

Regulations, codified in 24 CFR part 

3282. This proposed rule would provide 

that recreational vehicles are excepted 

from HUD regulation if the unit is built 

in conformance with either NFPA 1192– 

15, Standard for Recreational Vehicles, 

or ANSI A119.5–15, Recreational Park 

Trailer Standard. This rulemaking is not 

significant because it proposes to clarify 

rather than change or add substance to 

the existing regulation. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. It is HUD’s 

position that this proposed rule would 

not have a significant economic impact 

on a substantial number of small 

entities. HUD and MHCC have 

recognized the benefit of clarifying the 

current recreational vehicle exemption 

to allow recreational vehicle 

manufacturers to certify certain units as 

recreational vehicles under a 

streamlined process. This proposed rule 

is intended to promote this goal by 

ensuring that recreational vehicle 

manufacturers have a clear 

understanding of which units qualify for 

the recreational vehicle exemption. In 

addition to benefiting the consumer by 

providing clarity regarding the 

manufacturing standards used to 

construct the unit, this proposed rule 

would reduce the paperwork burden 

and costs of construction delays on 

recreational vehicle manufacturers. 

Furthermore, this proposed rule’s notice 

requirement would not have a 

significant economic impact on a 

substantial number of small entities, as 

the notice in question may be produced 

and displayed within a unit at marginal 

expense to the manufacturer. Easing the 

process for recreational vehicle 

certification assists manufacturers, 

while the notice requirement supports 

achievement of the goal of ensuring a 

clear distinction between recreational 

vehicle structures and residential 

manufactured housing. Accordingly, the 

undersigned certifies that this proposed 

rule would not have a significant 

economic impact on a substantial 

number of small entities. 

Notwithstanding HUD’s view that this 

rule would not have a significant 

economic impact on a substantial 

number of small entities, HUD 

specifically invites comments regarding 

any less burdensome alternatives to this 

rule that will meet HUD’s objectives and 

the statutory requirements. 

Paperwork Reduction Act 

The information collection 

requirements contained in this proposed 

rule have been submitted to the Office 

of Management and Budget (OMB) 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520). In 

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Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules 6809 

accordance with the Paperwork 

Reduction Act, an agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless the collection 

displays a currently valid OMB control 

number. The burden of information 

collection in this proposed rule is 

estimated as follows: 

Information collection Number of 

respondents 

Frequency of 

response 

Total annual 

responses 

Burden hours 

per response 

Total annual 

burden hours Hourly cost Total annual cost 

§ 3282.15 ...................... 17 223 3791 0.1 378.1 1 $30.63 $11,581.20 

Totals .................... 17 223 3791 0.1 378.1 30.63 11,581.20 

1 Hourly rate based on GS–11, Step 1 salary ($63,722 per year). 

In accordance with 5 CFR 

1320.8(d)(1), HUD is soliciting 

comments from members of the public 

and affected agencies concerning the 

information collection requirements in 

the proposed rule regarding: 

(1) Whether the proposed collection 

of information is necessary for the 

proper performance of the functions of 

the agency, including whether the 

information will have practical utility; 

(2) The accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; 

(3) Whether the proposed collection 

of information enhances the quality, 

utility, and clarity of the information to 

be collected; and 

(4) Whether the proposed information 

collection minimizes the burden of the 

collection of information on those who 

are to respond; including through the 

use of appropriate automated collection 

techniques or other forms of information 

technology (e.g., permitting electronic 

submission of responses). 

Interested persons are invited to 

submit comments regarding the 

information collection requirements in 

this rule. Under the provisions of 5 CFR 

part 1320, OMB is required to make a 

decision concerning this collection of 

information between 30 and 60 days 

after the publication date. Therefore, a 

comment on the information collection 

requirements is best assured of having 

its full effect if OMB receives the 

comment within 30 days of the 

publication date. This time frame does 

not affect the deadline for comments to 

the agency on the proposed rule, 

however. Comments must refer to the 

proposal by name and docket number 

(FR–5776–P–01) and must be sent to: 

HUD Desk Officer, Office of 

Management and Budget, New 

Executive Office Building, Washington, 

DC 20503, Fax number: (202) 395–6947; 

and Colette Pollard, HUD Reports 

Liaison Officer, Department of Housing 

and Urban Development, 451 7th Street 

SW., Room 2204, Washington, DC 

20410. 

Interested persons may submit 

comments regarding the information 

collection requirements electronically 

through the Federal eRulemaking Portal 

at http://www.regulations.gov. HUD 

strongly encourages commenters to 

submit comments electronically. 

Electronic submission of comments 

allows the commenter maximum time to 

prepare and submit a comment, ensures 

timely receipt by HUD, and enables 

HUD to make them immediately 

available to the public. Comments 

submitted electronically through the 

http://www.regulations.gov Web site can 

be viewed by other commenters and 

interested members of the public. 

Commenters should follow the 

instructions provided on that site to 

submit comments electronically. 

Environmental Impact 

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 (42 U.S.C. 4332(2)(C)). The 

Finding of No Significant Impact is 

available for public inspection online at 

http://www.regulations.gov, and in 

person between the hours of 8 a.m. and 

5 p.m. weekdays in the Regulations 

Division, Office of General Counsel, 

Department of Housing and Urban 

Development, 451 Seventh Street SW., 

Room 10276, Washington, DC 20410– 

0500. Due to security measures at the 

HUD Headquarters building, please 

schedule an appointment to review the 

Finding by calling the Regulations 

Division at (202) 402–3055 (this is not 

a toll-free number). Individuals with 

speech or hearing impairments may 

access this number via TTY by calling 

the Federal Relay Service at (800) 877– 

8339. 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either imposes 

substantial direct compliance costs on 

State and local governments or is not 

required by statute, or the rule preempts 

State law, unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. This 

proposed rule will not have federalism 

implications and would not impose 

substantial direct compliance costs on 

State and local governments or preempt 

State law within the meaning of the 

Executive Order. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531– 

1538) (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 proposed rule 

does not impose any federal mandates 

on any State, local, or tribal 

governments, or on the private sector, 

within the meaning of UMRA. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance number for the 

Manufactured Housing Program is 

14.171. 

List of Subjects 

24 CFR Part 3280 

Housing standards, Incorporation by 

reference, Manufactured homes. 

24 CFR Part 3282 

Administrative practice and 

procedure, Consumer protection, 

Intergovernmental relations, 

Investigations, Manufactured homes, 

Reporting and recordkeeping 

requirements. 

Accordingly, for the reasons stated in 

the preamble, HUD proposes to amend 

parts 3280 and 3282 of title 24 of the 

Code of Federal Regulations, 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. In § 3280.2, revise the definition of 

‘‘Manufactured home’’ to read as 

follows: 

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6810 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules 

§ 3280.2 Definitions. 

* * * * * 

Manufactured home means a 

structure, transportable in one or more 

sections, which in the traveling mode is 

8 body feet or more in width or 40 body 

feet or more in length or which when 

erected on-site is 320 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 in the 

structure. This term includes all 

structures that meet the above 

requirements except the size 

requirements and with respect to which 

the manufacturer voluntarily files a 

certification pursuant to § 3282.13 of 

this chapter and complies with the 

construction and safety standards set 

forth in this part. The term does not 

include any recreational vehicle as 

specified in § 3282.15 of this chapter. 

Calculations used to determine the 

number of square feet in a structure will 

include the total of square feet for each 

transportable section comprising the 

completed structure and 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. Nothing in this 

definition should be interpreted to mean 

that a manufactured home necessarily 

meets the requirements of HUD’s 

Minimum Property Standards (HUD 

Handbook 4900.1) or that it is 

automatically eligible for financing 

under 12 U.S.C. 1709(b). 

* * * * * 

PART 3282—MANUFACTURED HOME 

PROCEDURAL AND ENFORCEMENT 

REGULATIONS 

■ 3. The authority citation for part 3282 

is revised to read as follows: 

Authority: 28 U.S.C. 2461, 42 U.S.C. 

3535(d), 5403, and 5424. 

§ 3282.8 [Amended] 

■ 4. In § 3282.8, remove and reserve 

paragraph (g). 

■ 5. Add § 3282.15 to subpart A to read 

as follows: 

§ 3282.15 Exception for recreational 

vehicles. 

(a) Exception. A recreational vehicle 

that meets the requirements of this 

section is exempt from 24 CFR parts 

3280 and 3282. 

(b) Definition. A Recreational Vehicle 

is: 

(1) A factory built vehicular structure, 

not certified as a manufactured home; 

(2) Designed only for recreational use 

and not as a primary residence or for 

permanent occupancy; and is either: 

(3) Built and certified in accordance 

with either the NFPA 1192–15, 

Standard for Recreational Vehicles or 

ANSI A119.5–15, Recreational Park 

Trailer Standard as provided by 

paragraph (c) of this section; or 

(4) Any vehicle which is selfpropelled. 

(c) Notice and certification 

requirements. In order to be exempt, an 

ANSI A119.5–15 certified recreational 

vehicle must contain a Notice 

prominently displayed in a temporary 

manner in the kitchen (i.e., countertop 

or exposed cabinet face) which must 

read as follows: 

(1) Title of Notice. The title of the 

Notice shall be ‘‘*****NOTICE*****’’ 

which shall be legible and typed using 

bold letters at least 1 inch in size. 

(2) Content of Notice. The content of 

the notice text shall be as follows: 

The Manufacturer of this unit certifies that 

it is a Park Model Recreational Vehicle 

designed only for recreational use, and not 

for use as a primary residence or for 

permanent occupancy. The manufacturer of 

this unit further certifies that this unit has 

been built in accordance with the ANSI 

A119.5–15 consensus standard for Park 

Model Recreational Vehicles. 

(3) Text of Notice. The text of the 

Notice, aside from the Notice’s title 

shall be legible and typed using letters 

at least 1⁄2 inch in size. 

(4) Removal of Notice. The Notice 

shall not be removed by any party until 

the entire sales transaction has been 

completed. A sales transaction is 

considered complete as defined under 

§ 3282.252(b). 

Dated: January 4, 2016. 

Edward L. Golding, 

Principal Deputy Assistant Secretary for 

Housing. 

[FR Doc. 2016–02387 Filed 2–8–16; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF TRANSPORTATION 

Saint Lawrence Seaway Development 

Corporation 

33 CFR Part 402 

[Docket No. SLSDC 2016–0003] 

RIN 2135–AA38 

Tariff of Tolls 

AGENCY: Saint Lawrence Seaway 

Development Corporation, DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Saint Lawrence Seaway 

Development Corporation (SLSDC) and 

the St. Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Tariff of Tolls in their 

respective jurisdictions. The Tariff sets 

forth the level of tolls assessed on all 

commodities and vessels transiting the 

facilities operated by the SLSDC and the 

SLSMC. The SLSDC is revising its 

regulations to reflect the fees and 

charges levied by the SLSMC in Canada 

starting in the 2016 navigation season, 

which are effective only in Canada. An 

amendment to increase the minimum 

charge per lock for those vessels that are 

not pleasure craft or subject in Canada 

to tolls under items 1 and 2 of the Tariff 

for full or partial transit of the Seaway 

will apply in the U.S. (See 

SUPPLEMENTARY INFORMATION.) 

DATES: Comments are due March 10, 

2016. 

ADDRESSES: Docket: For access to the 

docket to read background documents 

or comments received, go to http://

www.Regulations.gov; or in person at 

the Docket Management Facility; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–001, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Mann Lavigne, Chief Counsel, 

Saint Lawrence Seaway Development 

Corporation, 180 Andrews Street, 

Massena, New York 13662; 315/764– 

3200. 

SUPPLEMENTARY INFORMATION: The Saint 

Lawrence Seaway Development 

Corporation (SLSDC) and the St. 

Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Tariff of Tolls 

(Schedule of Fees and Charges in 

Canada) in their respective jurisdictions. 

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