[Federal Register Volume 65, Number 225 (Tuesday, November 21, 2000)]
[Rules and Regulations]
[Pages 70222-70223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29752]
[[Page 70221]]
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Part VI
Department of Housing and Urban Development
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24 CFR Part 3280
Manufactured Home Construction and Safety Standards; Manufactured Home
Tires; Amendment of HUD Interpretative Bulletin J-1-76; Final Rule
Federal Register / Vol. 65, No. 225 / Tuesday, November 21, 2000 /
Rules and Regulations
[[Page 70222]]
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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.
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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
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[[Page 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).
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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]
BILLING CODE 4210-27-P