[Federal Register Volume 61, Number 79 (Tuesday, April 23, 1996)]
[Proposed Rules]
[Pages 18014-18024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9717]



      

[[Page 18013]]


_______________________________________________________________________

Part III





Department of Transportation





Federal Highway Administration



49 CFR Part 393



_______________________________________________________________________





Department of Housing and Urban Development





24 CFR Part 3280



_______________________________________________________________________



Manufactured Home Tires, Parts and Accessories Necessary for Safe 
Operation; and Manufactured Home Construction and Safety Standards; 
Proposed Rule

  Federal Register / Vol. 61, No. 79 / Tuesday, April 23, 1996 / 
Proposed Rules  

[[Page 18014]]



DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

49 CFR Part 393

[FHWA Docket No. MC-95-1]
RIN 2125-AD41

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3280

[Docket No. FR-3943]
RIN 2502-AG54


Manufactured Home Tires, Parts and Accessories Necessary for Safe 
Operation; and Manufactured Home Construction and Safety Standards

AGENCIES: Federal Highway Administration (FHWA), DOT; Office of the 
Assistant Secretary for Housing, Federal Housing Commissioner, 
Department of Housing and Urban Development (HUD).

ACTION: Notice of proposed rulemaking; proposed change in HUD 
interpretative bulletin.

-----------------------------------------------------------------------

SUMMARY: The FHWA and HUD are proposing amendments to the Federal Motor 
Carrier Safety Regulations and an interpretation of the Manufactured 
Home Construction and Safety Standards concerning the transportation of 
manufactured homes. The FHWA and HUD propose to adopt mutually 
consistent and readily enforceable regulations and interpretations that 
promote the safe and effective transportation of manufactured homes. 
The FHWA and HUD are proposing to permit the overloading of 
manufactured home tires by not more than 18 percent for a period of two 
years from the effective date of the final rule. During that two year 
period, both agencies would review test and other technical data 
concerning the relative performance of tires which are overloaded by 18 
percent versus no tire overloading. Unless both agencies are persuaded 
that the 18 percent overloading does not pose a risk to the traveling 
public or have an adverse impact on the safety or transportability of 
manufactured homes, any overloading of tires beyond their design 
capacity would be prohibited after two years from the effective date of 
the final rule. These proposed changes are intended to clarify the 
regulations of the FHWA and the interpretation of its regulations by 
HUD and to resolve differences between Federal regulations for the 
overloading of tires used in the transportation of manufactured homes.

DATES: Comment Due Date: Comments must be received on or before June 
24, 1996.

ADDRESSES: To file responses on this proposed rule submit written, 
signed comments to FHWA Docket No. MC-95-1, Room 4232, HCC-10, Office 
of the Chief Counsel, Federal Highway Administration, 400 Seventh 
Street, SW., Washington, D.C. 20590. All comments received will be 
available for examination at the above address from 8:30 a.m. to 3:30 
p.m., Eastern Time, Monday through Friday, except Federal holidays. 
Those desiring notification of receipt of comments must include a self-
addressed, stamped postcard.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Larry W. Minor, Office 
of Motor Carrier Research and Standards, HCS-10, (202) 366-4009; or Mr. 
Charles E. Medalen, Office of the Chief Counsel, HCC-20, (202) 366-
1354, Federal Highway Administration, 400 Seventh Street, SW., 
Washington, D.C. 20590. Office hours are from 7:45 a.m. to 4:15 p.m., 
(eastern standard time), Monday through Friday, except Federal 
holidays.
    For HUD: Mr. Philip W. Schulte, Acting Director, Manufactured Home 
and Construction Standards Division, Office of Manufactured Housing and 
Regulatory Functions, Department of Housing and Urban Development, 
L'Enfant Plaza North, Suite 3214, Washington, D.C. (mailing address: 
Room B-133, HUD Building, Washington, D.C. 20410-8000). Telephones: 
(voice) (202) 755-7420; (TDD) (202) 708-4594. (These are not toll-free 
numbers.)

SUPPLEMENTARY INFORMATION:

Background

    The Department of Housing and Urban Development (HUD) and the 
Federal Highway Administration (FHWA) have regulations applicable to 
the transportation of manufactured housing which are mutually 
inconsistent. In this joint NPRM, the two agencies are proposing to 
adopt identical rules to correct the inconsistency.
    On March 4, 1995, President Clinton directed all agencies to remove 
obsolete and unnecessary regulations, and revise and improve necessary 
regulations. As part of HUD's and FHWA's review of their respective 
regulations, each agency identified its regulations applicable to the 
transportation of manufactured housing as inconsistent with one 
another. In accordance with the President's directive to improve 
regulations, and in accordance with the principles of Executive Order 
12866, which directs agencies to avoid regulations that are 
inconsistent with regulations of other agencies, this rule proposes to 
make HUD's and FHWA's regulations consistent on this subject. 
Additionally, at the final rule stage the format of this rule may be 
revised to conform to the President's regulatory reinvention 
principles.

I. Department of Housing and Urban Development

A. Manufactured Home Construction and Safety Standards

    The National Manufactured Housing Construction and Safety Standards 
Act of 1974 (Act), 42 U.S.C. 5401 et seq., authorizes the Secretary of 
Housing and Urban Development (HUD) to establish and amend the Federal 
Manufactured Home Construction and Safety Standards (FMHCSS), 24 CFR 
Part 3280 (Standards). The stated purposes of the Act are to reduce the 
number of personal injuries and deaths and the amount of insurance 
costs and property damage resulting from manufactured home accidents 
and to improve the quality and durability of manufactured homes.

B. Transportation Systems for Manufactured Homes

    Subpart J of the Standards covers the general requirement for 
designing the manufactured home to fully withstand the adverse effects 
of transportation shock and vibration without damaging the integrated 
structure or its component parts. One of its components is the running 
gear assembly which is defined in 24 CFR 3280.902 to include the 
subsystem consisting of suspension springs, axles, bearings, wheels, 
hubs, tires, and brakes, with their related hardware.
    Under 24 CFR 3280.904(a), the entire transportation ``system 
(frame, drawbar and coupling mechanism, running gear assembly, and 
lights) shall be designed and constructed as an integrated, balanced 
and durable unit which is safe and suitable for its specified use 
during the intended life of the manufactured home.'' The running gear 
assembly, including the tires, must be able to sustain the designed 
loads set forth in 24 CFR 3280.904(b)(3) and ``to provide for durable 
dependable safe mobility of the manufactured home'' (emphasis added) 
(24 CFR 3280.904(b)(4)(i)).
    The design load consists of the dead load plus a minimum of 3 
pounds per square foot floor load (for example, free-standing range, 
refrigerator, and loose furniture), and the superimposed dynamic load 
resulting from highway movement but shall not be required to exceed 
twice the dead load. The

[[Page 18015]]

integrated design shall be capable of insuring rigidity and structural 
integrity of the complete manufactured home structure and to insure 
against deformation of structural or finish members during the intended 
life of the home.

C. Interpretative Bulletin J-1-76

    HUD interpreted the transportation requirements for subpart J in 
the Standards by an Interpretative Bulletin published on December 7, 
1976 (41 FR 53626). Sections C and D of the Interpretative Bulletin 
provide as follows:

Section C--Axles

    Unless substantiated in the design to the satisfaction of the 
approval agency [Design Approval Primary Inspection Agency] (DAPIA) 
by either engineering analysis, load tests or documented evidence of 
actual transportation experience, there shall be no less than the 
following minimum number of 6,000 lb. rated axles with not less than 
the mobile (manufactured) home rated tires indicated in Table 1 or 
Table 2 on each mobile home or floor section of the multiple unit 
mobile home:

                                 Table 1                                
------------------------------------------------------------------------
                                                                 Number 
                                                                of 6,000
                                                                   lb.  
                                                                  axles 
                                                                equipped
           Length of the mobile  (manufactured) home             with 7-
                                                                  14.5, 
                                                                 mobile 
                                                                 home 8 
                                                                   ply  
                                                                  tires 
------------------------------------------------------------------------
1. 12 foot wide:                                                        
  A. To 60 ft. maximum........................................         2
  B. Greater than 60 ft.-80 ft. max...........................         3
2. 14 foot wide:                                                        
  A. To 52 ft. maximum........................................         2
  B. To 76 ft. maximum........................................         3
  C. To 80 ft. maximum........................................         4
------------------------------------------------------------------------


                                 Table 2                                
------------------------------------------------------------------------
                                                                 Number 
                                                                of 6,000
                                                                   lb.  
                                                                  axles 
                                                                equipped
                                                                 with 8-
           Length of the mobile  (manufactured) home              14.5, 
                                                                 mobile 
                                                                 home 8 
                                                                 and 10 
                                                                   ply  
                                                                  tires 
------------------------------------------------------------------------
1. 12 foot wide:                                                        
  A. To 65 ft. maximum........................................         2
  B. Greater than 65 ft.-80 ft. max...........................         3
2. 14 foot wide:                                                        
  A. To 56 ft. maximum........................................         2
  B. Greater than 56 ft.-80 ft. max...........................         3
------------------------------------------------------------------------
Length of a mobile home is the length as defined in Sec.  3280.902(b).  

    Determination of the number of axles required by use of the 
above tables does not eliminate the requirement for each axle to be 
capable of withstanding the actual imposed dead load without 
exceeding the maximum allowable stresses for design axle life as 
recommended by the axle manufacturer, or the maximum tire load 
rating in Sec. 280.904(b)(8) [now Sec. 3280.904(b)(8)]. If a 
manufacturer has submitted documented evidence of transportation 
experience to meet the requirements of Sec. 280.903(c)(2) [now 
Sec. 3280.903(c)(2)], the minimum number of axles required by the 
experience record may not be reduced by use of the above tables. 
(The number of axles must be consistent with and no less than the 
number and rating of the axles indicated in the experience record.)

Section D--Tires, Wheels and Rims

    Tires shall be sized and fitted to axles in accordance with the 
gross axle weight rating determined by the mobile home manufacturer. 
The permissible tire loading may be increased by utilizing a service 
load factor not to exceed 50 percent of the mobile home tire load 
limits specified in MH-1 of the Tire and Rim Association Handbook 
(1975 edition), but the individual permissible tire loading may not 
exceed 3,000 pounds. For example, the maximum tire loading for a 
7 x 14.5 mobile home 8 ply tire at 70 PSI cold inflation pressure 
would be 2805 lbs. (1,870 lbs. (MH-1 rating) x 1.5(service load 
factor)=2,805 lbs.). The tire load limit specified in MH-I shall be 
determined by the tire manufacturer in accordance with procedures 
described in 49 CFR 571.119.
    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.

II. Department of Transportation

A. Federal Motor Carrier Safety Regulations

    The FHWA's Federal Motor Carrier Safety Regulations (FMCSRs) are 
based on a series of statutes starting with the Motor Carrier Act of 
1935. The FMCSRs are codified at Subchapter B of Chapter III, Title 49 
of the Code of Federal Regulations. The FMCSRs provide requirements for 
the operation of commercial motor vehicles in interstate commerce. The 
FMCSRs define a commercial motor vehicle as any self-propelled or towed 
vehicle used on public highways in interstate commerce to transport 
passengers or property when: the vehicle has a gross vehicle weight 
rating or gross combination weight of 10,001 or more pounds; or the 
vehicle is designed to transport more than 15 passengers, including the 
driver; or, the vehicle is used in the transportation of hazardous 
materials in a quantity requiring a placard. Under this definition, a 
manufactured home transported in interstate commerce is considered a 
commercial motor vehicle and is subject to the FMCSRs.
    Part 393 of the FMCSRs covers parts and accessories necessary for 
safe operation. Among the safety regulations applicable to manufactured 
homes are the requirements for lamps and reflective devices, brake 
systems, coupling devices, tires, and suspension systems.
    Under the Motor Carrier Safety Assistance Program (MCSAP), the FHWA 
provides financial assistance to States to enforce the FMCSRs or 
compatible State regulations pertaining to commercial motor vehicle 
safety (see 49 CFR part 350). State enforcement officials have 
expressed concerns about the safety of certain practices of carriers 
transporting manufactured homes. Their principal concern is the 
movement of manufactured homes on overloaded tires. In certain cases, 
vehicles with tires loaded to 150 percent of their capacity are 
operated at highway speeds. These practices are inconsistent with the 
FMCSRs.

B. FHWA Requirements for Tires

    Section 393.75(f) prohibits the operation of commercial motor 
vehicles on tires that carry a greater weight than that specified in 
publications of certain standard-setting organizations listed by the 
National Highway Traffic Safety Administration in 49 CFR 571.119 
(S5.1(b)) unless (1) the vehicle is being operated under the terms of a 
special permit issued by the State, and (2) the vehicle is being 
operated at a reduced speed that is appropriate to compensate for tire 
loading in excess of the manufacturer's normal rated capacity. The FHWA 
first proposed restrictions on the use of overloaded tires on April 17, 
1974 (39 FR 13785). The proposal was in response to two petitions from 
the Professional Drivers Council (PROD), a non-profit association of 
professional interstate truck and bus drivers, and investigations of 
front tire failures by the FHWA. The PROD petitions addressed front 
tire overloading in general, and specifically front tire overloading 
resulting from the fifth wheel position on the towing vehicle.
    The investigations performed by the FHWA revealed that a 
significant number of vehicles operate with overloaded or under-
inflated tires. A tire was considered under-inflated if it carried a 
load greater than it was designed to carry at the pressure to which it 
was inflated, and overloaded if

[[Page 18016]]

it carried a load greater than it could safely carry at any pressure. 
The agency cited a growing body of evidence that both under-inflation 
and overloading create identifiable dangers. Among these were the 
impairment of vehicle handling and the loss of control from sudden tire 
failures. On July 11, 1975, the FHWA published the final rule 
prohibiting the operation of motor vehicles on overloaded tires (40 FR 
29292). Several industry groups and numerous tire manufacturers 
immediately petitioned for reconsideration. The FHWA amended the final 
rule a few months later (September 29, 1975, 40 FR 44555). The 
petitioners asked the FHWA to allow tire pressures greater than those 
labeled on the tire's sidewalls; and to allow increased loading for 
reduced speed operations.
    The available information from tire manufacturers supported 
allowing increased tire loadings if vehicles were operated at reduced 
speeds. Accordingly, the FHWA amended the final rule to that effect, 
provided the vehicle was operated in compliance with a special permit 
which specified a speed limitation.
    The Heavy Specialized Carriers Conference (now the Specialized 
Carriers and Rigging Association) of the American Trucking Associations 
(ATA) subsequently submitted a petition for rulemaking. According to 
the petitioner, only a few States specified speed limits for vehicles 
operating under special permits. The wording of the September 29, 1975, 
final rule therefore had the effect of limiting the exemption for 
overloaded tires to motor carriers operating in those States. The 
petitioner requested that the FHWA rescind the requirement that the 
State-issued permit must include a specific reduced speed.
    On June 17, 1976 (41 FR 24608), the FHWA proposed to modify the 
conditions under which tires on axles other than the front axle could 
be overloaded. Based upon user experience and information obtained from 
commercial vehicle tire manufacturers, the agency acknowledged that 
tires may be safely overloaded if vehicle speed is reduced sufficiently 
to prevent heat buildup. The FHWA concluded that if the reference to 
reduced speed specified on State-issued permits were deleted, the 
agency should impose its own speed restriction on motor vehicles which 
operate on overloaded tires. An upper speed limit of 72 kilometers per 
hour (km/hr) (45 miles per hour (mph)) was proposed for inclusion in 
the exemption. This value was selected to prevent conflicts between 
Sec. 393.75(f) and the posted minimum speeds on many Primary and 
Interstate highways. Since the minimum speed limits help to ensure 
safety by regulating the maximum allowable speed differential between 
motor vehicles, the agency's proposal addressed both the need for 
reduced speed to compensate for overloading and the need for limiting 
speed differentials between the affected commercial motor vehicles and 
other traffic.
    On August 31, 1976 (41 FR 36656), the FHWA published a final rule 
amending Sec. 393.75(f) to permit the overloading of tires if (1) the 
vehicle is being operated under the terms of a special overweight 
permit issued by the State and (2) the vehicle is being operated at a 
reduced speed which is appropriate to compensate for tire loading in 
excess of the manufacturer's normal rated capacity. The exemption only 
applied to tires on axles other than the front axle and included a 
maximum speed limit of 72 km/hr (45 mph). The effective date for the 
final rule was October 1, 1976.
    HUD requested that the FHWA postpone the effective date of the 
August 1976 final rule with regard to the interstate transportation of 
manufactured homes. The FHWA issued Notice N 7510.1 on September 27, 
1976, which instructed motor carrier safety personnel to refrain from 
citing mobile home transporters for operating on overloaded tires until 
further notice. This temporary relief was conditioned upon observing a 
speed limitation of 72 km/hr (45 mph). States which had adopted the 
FMCSRs were encouraged to adopt this policy. The notice indicated that 
HUD's request was based on statistical data relating to accidents 
resulting from tire failures on new mobile homes. The data indicated an 
``insignificant accident incident ratio related to tire failure and an 
adverse economic impact on the mobile home industry and on consumers.'' 
A copy of the September 1976 notice is included in the FHWA and HUD 
docket files.
    On October 10, 1978, in response to a petition from the ATA 
concerning tire marking and the HUD request, the FHWA published another 
notice of proposed rulemaking (43 FR 46555). The notice discussed HUD's 
tire overloading standards for manufactured homes: 150 percent of rated 
capacity provided the total tire load does not exceed 3,000 pounds. HUD 
had the National Highway Traffic Safety Administration (NHTSA) conduct 
two series of tests on mobile home tires. The first results were 
summarized in a September 1976 report entitled ``A Safety Performance 
Test for Mobile Home Tires, Phase I: New Tires.'' The second report 
(April 1978) was entitled ``A Safety Performance Test for Mobile Home 
Tires, Phase II: Used Tires.'' A copy of both reports is included in 
the FHWA and HUD docket files. The tests indicated that new tires on 
mobile homes were capable of operating satisfactorily under 150 percent 
loading, although used tires did not perform as well. In view of this 
research, the FHWA proposed replacing the term ``special overweight 
permit'' with ``special permit.'' The FHWA believed the proposal would 
address HUD's concerns. Because manufactured homes generally did not 
exceed the normal axle or gross weight limits, they rarely qualified 
for overweight permits. The FHWA therefore proposed to allow the use of 
overloaded tires if the transporter was operating under any ``special 
permit,'' typically a permit for over-width vehicles.
    The final rule amending Sec. 393.75(f) was published on May 1, 1979 
(44 FR 25455). The preamble included reference to the mobile home tire 
research studies and HUD's request that the FHWA amend Sec. 393.75. 
With this amendment, tires on axles other than the front axle could be 
overloaded if (1) the vehicle was operated under the terms of a special 
permit (as opposed to a special overweight permit) issued by the state 
and (2) the vehicle was operated at a reduced speed not to exceed 72 
km/hr (45 mph).
    On October 29, 1980, the FHWA issued FHWA Notice N 7510.2 which 
rescinded Notice N 7510.1. Since the 1979 final rule allowed all 
vehicles subject to the FMCSRs to be operated on overloaded tires 
provided the vehicles adhered to the terms of a special permit and did 
not exceed speeds of 72 km/hr (45 mph), Notice N 7510.1 was no longer 
necessary. A copy of the 1980 notice is included in the FHWA and HUD 
docket files.
    The current wording of Sec. 393.75(f) is the outcome of a 1988 
final rule on parts and accessories necessary for safe operation (53 FR 
49380, December 7, 1988). Under the final rule, the 72 km/hr (45 mph) 
maximum speed for vehicles operating on overloaded tires was removed, 
and any speed below the posted speed limit is thus considered a reduced 
speed. The effective date of the amendment was March 7, 1989.
    The removal of the 72 km/hr (45 mph) maximum speed limit combined 
with the fact that the FMCSRs do not include restrictions on the extent 
to which a tire may be overloaded have created problems for State 
officials responsible for enforcing motor carrier safety laws.

[[Page 18017]]

III. Differences Between the HUD and the FHWA Regulations

    Under 42 U.S.C. 5401 et seq., HUD was required to issue 
construction and safety standards for manufactured homes. Congress 
provided that whenever a Federal Manufactured Home Construction and 
Safety Standard is in effect, no State or political subdivision of a 
State shall have the authority to establish or permit to continue in 
effect with respect to any manufactured home covered, any standard 
``regarding construction or safety applicable to the same aspect of 
performance of such manufactured home which is not identical to the 
Federal manufactured home construction and safety standard'' (42 U.S.C. 
5403(d)). HUD issued 24 CFR 3280, subpart J and Interpretative Bulletin 
J-1-76 which establish standards for the running gear and which permit 
the overloading of the tires.
    Furthermore, HUD has indicated in 24 CFR 3282.11(c) that the 
Federal system establishes the exclusive system for enforcement of the 
Federal manufactured housing standards. No State may establish or keep 
in effect through a building code enforcement system or otherwise, 
``procedures or requirements which constitute systems for enforcement 
of the Federal standards or of identical State standards which are 
outside the system established in these regulations or which go beyond 
this system to require remedial actions which are not required by the 
Act and these regulations.''
    In contrast, the Motor Carrier Safety Act of 1984 (49 U.S.C. 31131 
et seq., formerly 49 U.S.C. app. 2501 et seq.) has a different purpose 
and scope than the Manufactured Housing Construction and Safety 
Standards Act. It ratified the regulations adopted on the authority of 
the Motor Carrier Act of 1935, and directed the Department of 
Transportation to establish minimum Federal standards to ensure that 
commercial motor vehicles (CMVs) are safely equipped, maintained, 
loaded, and operated; that the duties imposed on CMV drivers do not 
impair their ability to drive safely; that the physical condition of 
CMV drivers does not have an adverse impact on safety; and that driving 
CMVs does not harm the drivers' physical condition [49 U.S.C. 31136]. 
The FHWA's regulation of vehicle components and systems, including 
tires, axles, brakes, etc., is consistent with this purpose and 
necessary for the protection of motorists who share the roads with 
CMVs, including manufactured homes.
    Most State motor carrier safety laws in effect today are 
essentially required by Federal law. Congress directed the Department 
of Transportation to preempt State safety regulations that are not 
compatible with the FMCSRs [49 U.S.C. 31141 (formerly 49 U.S.C. App. 
2507), 49 CFR 355]. The MCSAP has also induced States to model their 
safety laws on the FMCSRs. The FMCSRs as adopted by the States are 
State laws. The Federal Courts have not had occasion to consider the 
relationship between the Manufactured Home Construction and Safety 
Standards and the FMCSRs (or compatible State regulations) with regard 
to manufactured home tire overloading.
    Both the FHWA and HUD recognize that the current inconsistency 
between their regulations and interpretations requires clarification 
through the issuance of joint rulemaking to establish uniform 
requirements for motor carriers who are transporting manufactured 
homes. The proposed changes to the FHWA's and HUD's respective 
requirements for motor carriers transporting manufactured homes are 
covered under Sections X, XI, and XII of this notice.

IV. Analysis of Tire Loading and the Tires Used in the Transporting of 
Manufactured Homes

A. Typical Tires Used in Manufactured Housing

    To consider whether there should be changes in its interpretation 
of the standards for transporting manufactured homes (Interpretative 
Bulletin J-1-76), HUD has gathered information from various sources 
about the types of tires and axles used by the manufactured housing 
industry. Some of this information was submitted to HUD by the 
Manufactured Housing Institute (MHI) which had established a 
Transportation Task Force. Information was also obtained from 
suppliers, and from materials provided by the Department of 
Transportation.
    The MHI wrote HUD on August 5, 1994, and supplied certain 
information concerning the types of tires typically used in 
manufactured homes, the typical transport distance and the number of 
tire failures noted by major transporters. The average transport 
distance was reported to be approximately 225 miles; the data 
concerning the types of tires, the relative usage of 7-14.5 vis-a-vis 
8-14.5 tires, etc., is shown in Table A.

                                                                         Table A                                                                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                 Tire capacity at max. overload/percent 
         Tire size and type               Percent use in manufactured houses             Tire capacity                          overload                
--------------------------------------------------------------------------------------------------------------------------------------------------------
7-14.5, 8 PLY, SERIES D.............  80%......................................  1,870 lbs...................  2,805 lbs., >50% Over.                   
8-14.5, 8 PLY, SERIES D.............  20% are 8 and 10 ply.....................  2,270 lbs...................  3,000 lbs., 32% Over.                    
8-14.5, 10 PLY, SERIES E............  See above................................  2,540 lbs...................  3,000 lbs., 18% Over.                    
8-14.5, 12 PLY, SERIES F............  Not Available............................  2,790 lbs...................  3,000 lbs., 8% Over.                     
9-14.5, 8 PLY, SERIES D.............  Not Available............................  2,620 lbs...................  3,000 lbs., 15% Over.                    
9-14.5, 10 PLY, SERIES E............  Not Available............................  2,940 lbs...................  3,000 lbs., 2% Over.                     
9-14.5, 12 PLY, SERIES F............  Not Available............................  3,240.......................  NO OVER-LOADING.                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
The maximum load ratings for the 9-14.5 tires are obtained from the 1994 Tire and Rim Association Yearbook.                                             

    It is apparent from a review of several DAPIA-approved designs and 
information received from the MHI that most manufacturers are using 7-
14.5, 8 ply (Series D) tires. Under the provisions of Section D of 
Interpretative Bulletin (IB) J-1-76, the tire capacity at maximum 
overload is limited to 2,805 lbs. (1.5  x  1870 lbs.). However, the 
above-mentioned review of designs indicated that manufacturers and 
DAPIAs have misinterpreted another provision of the IB to permit 7-
14.5, 8 ply (Series D) tires to be loaded up to 3,000 lbs. or 160 
percent of their rated capacity.
    Anecdotal accounts from some manufacturers indicated that the 
larger 8-14.5 tires are used for longer transport distances or where 
the road surfaces are less smooth than those on the Interstate 
highways. Presumably, manufacturers have discovered by experience that 
the use of 8-14.5 Series D or E tires may

[[Page 18018]]

reduce the possibility of tire failure under these circumstances.

B. The Number of Reported Failures of New and Used Tires During 
Transport

    HUD has obtained information from three companies which transport 
large numbers of manufactured homes. These three companies collectively 
transport more than 30 percent of the manufactured homes produced in 
the United States and in the case of the largest transporter, nearly 
50,000 manufactured homes per year.
    The three companies differed in the reported overall rate of tire 
failure for shipment of manufactured homes. The failure rate for new 
tires ranged from 4 percent to 7 percent. The used tire failure rate 
was 9 percent. According to the MHI, roughly 55 percent of the tires 
sold to manufactured housing producers in 1994 were used tires.
    Since the data from one company represented a large share of the 
market and transportation experience in a large number of States, HUD 
believes that the company's failure rate of 7 percent is the most 
representative of actual conditions. Therefore, HUD has used a failure 
rate of 7 percent for new tires and 9 percent for used tires with an 
overall average failure rate of 8 percent. Since each section of a 
manufactured home usually contains 6 tires, a tire will fail on about 
40 percent of the sections shipped each year. Multiple failures of 
tires are less common but are known to occur.
    There was also substantial variability among these three companies 
concerning the causes of tire failure. One company indicated that 
foreign objects were the cause of 99 percent of tire failures, while 
the other companies indicated that substandard tires and tire 
overloading were the chief causes of tire failure. The other companies 
also noted that operating at excessive speed and other causes were less 
significant factors in tire failure.
    There are no separate data as to the rate of failure due to tire 
overloading in relation to other factors, such as substandard tires, 
improper inflation, excessive heat, etc. The risk of tire failure due 
to overloading can be increased by operating the tire at reduced 
inflation, by the heat of the pavement, high speeds, mounting 
procedures and other practices which, if combined, may virtually assure 
tire failure. Hence, determining the percentage of failures 
attributable solely to tire overloading is difficult.
    Data from one tire recycler, however, indicated that up to 70 
percent of tires which are damaged can be recycled and reused after 
repair. This would suggest that foreign objects may have been the 
principal cause of tire failure rather than blow-outs due to 
overloading or other causes. The damage associated with blow-outs or 
causes other than foreign objects is generally too extensive to be 
repaired.
    Based on the available information, HUD's best estimate is that 25 
percent of reported failures can be attributed partly to tire 
overloading. HUD has reduced this estimate by half to account for 
failures due in part to aggravating factors, such as improper inflation 
or mounting. Therefore, assuming that 450,000 sections of manufactured 
homes are shipped this year (450,000 shipments  x  0.40 (factor for 
shipments with at least one tire failure)  x  0.125 (percentage 
attributable to tire overloading), tire overloading would be 
responsible for at least 22,500 tire blowouts.

C. The Average Number of Times That the Tire Is Used

    There is no reporting mechanism or authoritative data on the number 
of times a tire is used. However, incomplete data from transporters 
indicate that tires are used an average of ten times before they are 
unable to pass the tread depth requirement.

V. Cost Estimates of Possible Options for the Protection of the Public 
and To Ensure the Safe Transport of Manufactured Homes

    Based on the available information, there are four approaches which 
would substantially alleviate or eliminate the problem of overloading 
of tires. These four options are discussed below:

A. Option No. 1: Reduction of the Permissible Tire Overloading to 18 
Percent

    HUD has obtained data from suppliers on the cost to upgrade from 
the 7-14.5 tires to tires with a rated capacity of 2,540 lbs. Assuming 
that the design calls for 3,000 lbs. per tire, the degree of tire 
overloading would be reduced from 50 to 60 percent to 18 percent. The 
wholesale incremental cost estimates were determined by assuming that 
each transportable section uses six tires. The results are shown in 
Table B:

                                                     Table B                                                    
----------------------------------------------------------------------------------------------------------------
                                                               Wholesale    Wholesale                           
                                                               cost of 8-   cost of 7-  Increase in     Total   
                        Type of tire                          14.5 10 ply   14.5 8 ply   wholesale   incremental
                                                               (series E)   (series D)      cost       cost per 
                                                                                                       section  
----------------------------------------------------------------------------------------------------------------
NEW.........................................................          $40          $30          $10          $60
USED........................................................           30           26            4           24
AVERAGE COST FOR UPGRADED TIRES MAN. HOME...................  ...........  ...........  ...........           59
----------------------------------------------------------------------------------------------------------------

    As shown in Table B, the cost for upgraded tires is relatively 
modest and this results in an average wholesale cost increase of nearly 
$60 per home. The average cost per home is based on the usage patterns 
of new versus used tires and the relative percentage of single (53 
percent) and multi-section (47 percent) homes.

B. Option No. 2: Reduction of the Permissible Tire Overloading to 8 
Percent

    HUD has obtained data from suppliers on the cost to upgrade from 
the 7-14.5 tires to tires with a rated capacity of 2,790 lbs. Assuming 
that the design calls for 3,000 lbs. per tire, the degree of tire 
overloading would be reduced from 50 to 60 percent to 8 percent. The 
same assumptions concerning the number of tires per section, new and 
used tires, etc. have been made to permit comparison of the various 
options. The results are shown in Table C:

[[Page 18019]]



                                                     Table C                                                    
----------------------------------------------------------------------------------------------------------------
                                                                            Wholesale                           
                                                                            cost of 7-  Increase in     Total   
           Type of tire                Wholesale cost of 8-14.5 12 ply      14.5 8 ply   wholesale   incremental
                                                 (series F)                 (series D)      cost       cost per 
                                                                                                       section  
----------------------------------------------------------------------------------------------------------------
NEW..............................  $44...................................          $30          $14          $84
USED.............................  Not available in sufficient quantities           26  ...........  ...........
AVERAGE COST PER MAN. HOME.......  ......................................  ...........  ...........        123.5
----------------------------------------------------------------------------------------------------------------

C. Elimination of Tire Overloading

1. Option No. 3: Addition of Another Axle and the Use of 8-14.5, 10 Ply 
Tires (Series E)
    Another option is to require that the tires' rated capacity meet or 
exceed the live and dead load which will be applied to them. The 
manufacturer would probably have to use an additional axle to carry 
some of this load. The cost of this increased axle along with the 
upgraded tires is shown in Table D as follows:

                                 Table D                                
------------------------------------------------------------------------
                                                 Wholesale              
                                    Wholesale     cost of               
      Average cost of tires        cost of new   used non-              
                                   non-braking    braking               
                                      axles        axles                
------------------------------------------------------------------------
$59..............................         $174         $139  ...........
Total wholesale cost of tires and                                       
 axles...........................  ...........  ...........         $287
------------------------------------------------------------------------

    According to one source, the cost of the additional wheels and 
axles would be greater because half of the axles would be braking axles 
which are 25 percent more expensive than non-braking axles. However, 
discussions with suppliers and analysis of manufactured home designs 
indicated that the changes in the degree of tire overloading have no 
impact on the number of braking versus non-braking axles as this is a 
function of the vehicle's weight, not the strength of the tires. 
Therefore, HUD believes that the additional cost of nearly $287 is 
closer to the expected cost of the axle and tires.
2. Option No. 4: The Use of 9-14.5 12 Ply Series E and F Tires
    Another alternative would be to upgrade the tires to 9-14.5, Series 
E and F tires which would involve little or no overloading with the use 
of a 6,000 lb. axle. Suppliers reported that because the 9-14.5 tires 
are being made only in small quantities, current prices would not be 
reliable indicators of unit costs at higher production levels. 
Therefore, it will be assumed that the cost of the 9-14.5 tires are 
double the cost of the 7-14.5 tires for these cost comparisons. The 
cost of these tires is shown in Table E:

                                                     Table E                                                    
----------------------------------------------------------------------------------------------------------------
                                                                            Wholesale                           
                                                                            cost of 7-  Increase in     Total   
           Type of tire             Est. wholesale cost of 9-14.5 12 ply    14.5 8 ply   wholesale     average  
                                              tires (series F)                tires         cost       cost per 
                                                                            (series D)                 section  
----------------------------------------------------------------------------------------------------------------
New..............................  $60...................................          $30          $30         $180
Used.............................  Not available.........................           26  ...........  ...........
Average cost per man. home.......  ......................................  ...........  ...........          265
----------------------------------------------------------------------------------------------------------------

D. Adjustment to Cost Increases Due to Multiple Usages

    In estimating the useful life of the 8-14.5 and 9-14.5 tires, it is 
conservative to assume that these tires would be able to be used for at 
least the same number of trips as the current 7-14.5 tires. Therefore, 
the FHWA and HUD have assumed that the upgraded tires can also be used 
a total of ten times. Based on ten trips per tire and shipments of 
450,000 transportable sections of manufactured homes each year, the 
estimated wholesale cost per transportation unit and the annual 
wholesale cost of each option is shown in Table F.

         Table F.--Cost Per Transportation Unit and Annual Costs        
------------------------------------------------------------------------
                                                                        
------------------------------------------------------------------------
OPTION NO. 1 (UPGRADE TO 8-14.5 SERIES E TIRES).......                $6
    TOTAL ANNUAL COST (WHOLESALE) FOR ALL HOMES.......        $2,700,000
OPTION NO. 2 (UPGRADE TO 8-14.5 SERIES F TIRES).......               $12
    TOTAL ANNUAL COST (WHOLESALE) FOR ALL HOMES.......        $5,400,000
OPTION NO. 3 (ADDITIONAL AXLE AND UPGRADED TIRES).....               $29
    TOTAL ANNUAL COST (WHOLESALE) FOR ALL HOMES.......       $13,050,000
OPTION NO. 4 (UPGRADE TO 9-14.5 SERIES F TIRES).......               $27
    TOTAL ANNUAL COST (WHOLESALE) FOR ALL HOMES.......       $12,150,000
------------------------------------------------------------------------


[[Page 18020]]



VI. Discussion Concerning the Overloading of Tires and the Other 
Requirements of the Interpretative Bulletin

    In addition to an examination of the various options, HUD has 
reviewed the basis of the 1976 decision to permit the overloading of 
manufactured home tires. The overloading of manufactured home tires was 
based on certain assumptions and conditions existing at the time the 
rule was promulgated. These assumptions are discussed below:

A. Single or Very Limited Use of Tires; Short Travel Distances

    In 1976, it was a common practice to limit the use of the tires to 
one, or perhaps a few more trips so that the total distance traveled 
would be only about 500 miles. Based on such limited usage, it may be 
permissible to exceed the normal supplier recommendations.
    However, the markets for manufactured homes have broadened beyond 
the 2- to 3-hour driving distance so that some companies are shipping 
units for distances in excess of 500 miles. This long distance shipping 
is substantially greater than the limited range which the original 
Interpretative Bulletin was based on.
    In order to determine common travel distances for homes, HUD has 
analyzed data to determine the total distance traveled from factories 
in several Southern States to the retailers who received the homes. The 
data is summarized in Table G:

                                 Table G                                
------------------------------------------------------------------------
    Number of                                            Percent shipped
    shipments      Percent shipped 1-  Percent shipped    more than 500 
     analyzed          250 miles        251-500 miles         miles     
------------------------------------------------------------------------
30,000...........             50                40                10    
------------------------------------------------------------------------

    In 50 percent of the cases, the home was shipped more than 250 
miles and in 10 percent of the cases, the distance shipped was more 
than 500 miles. Therefore, the typical transportation patterns at the 
time the Interpretative Bulletin was issued have changed significantly. 
Secondly, these data understate the total travel distance since they 
are calculated on the distance from the factory to the retailer, not to 
the homeowner's site. More significantly, the data supplied by the 
transporters indicate that the average tire is used ten times before it 
is unable to be used further.

B. Increased Weight of Manufactured Homes

    At the time the Interpretative Bulletin was issued, the typical 
weight of manufactured homes per square foot was in the range of 16 to 
17 lbs. Over the years, the average weight of the homes has increased 
due to the use of heavier exterior roofing materials, heavier exterior 
and interior wall coverings, and the addition of roof and wall 
sheathing materials. According to information provided by the National 
Conference of States on Building Codes and Standards, Inc. (NCSBCS), 
the average weight of these homes is now 19 to 23 lbs. per square foot, 
or an average increase of over 25 percent.
    Furthermore, the increase in the design standards for homes shipped 
into high wind areas (Federal Register Vol. 59, No. 10, published 
January 14, 1994) will further increase the weight of homes due to the 
strengthening of the roof and wall construction. In this new wind 
standard, the wind design pressure for homes placed in High Wind Zone 2 
has been increased to 39 psf with a 47 psf design pressure in High Wind 
Zone 3. Therefore, in high wind areas, the increase in weight from 1976 
to the present could be as much as 30 percent.

C. Increased Speed on the Highways

    Tire research undertaken by HUD indicated that tire overloading 
would not degrade tire life and performance when homes were transported 
at 50 mph. During the mid-1970's, the speed of travel in the United 
States was limited to 55 mph. Accordingly, HUD concluded that the 
likely travel speeds would be consistent with the research results and 
that the overloading of tires would not result in a high percentage of 
tire failure.
    In large areas of the southern and western United States, the speed 
limit has been increased to 65 mph. The 1994 Tire and Rim Association 
Yearbook has indicated that tires can be overloaded by 9 percent if the 
tires are operated at speeds less than 50 mph. Speeds of 65 mph impose 
substantially greater loads on tires and industry standards would not 
permit the overloading of the tires at high speeds.

VII. The Use of Products in Excess of the Manufacturer's 
Recommendations Is Contrary to Accepted Practice in Other Sections of 
the Standards

    In many sections of the Manufactured Home Construction and Safety 
Standards, HUD has indicated that products included in manufactured 
homes should be used in accordance with the requirements of their 
listing and the supplier's installation instructions. While Subpart J 
does not specifically include requirements that the components be 
listed and certified, there are a number of other sections of the 
Standards (e.g. Sec. 3280.304 etc.) where HUD has indicated that the 
component should be used in accordance with the manufacturer's design 
limitations for safe and effective operation.
    HUD believes that the transportation system should be modeled after 
these other sections of the Standards that acknowledge the limitations 
established for listed products or the limitations determined by the 
supplier of the product. For this reason, HUD believes that significant 
overloading of the tires is a practice which is contrary to the 
collective judgement of the producers of these products and sound 
engineering practices because it permits the use of a product well 
beyond its design capacity. Such a direct violation of the listing or 
the supplier's usage instructions is not permitted in other sections of 
the Standards. Also, suppliers indicated that tire overloading of this 
magnitude is not permitted for any other commercial tire.

VIII. Conclusions and the Proposed Schedule for Modifying the Current 
Interpretative Bulletin

    Based on the high rate of tire failure, the impact of tire failure 
on the structural integrity of the home and concerns about the safety 
of the travelling public on increasingly crowded public highways, HUD 
has concluded that the current overloading of manufactured home tires 
is no longer defensible. Secondly, HUD believes that the reasons for 
previously permitting the overloading do not reflect the current 
weights of manufactured homes, the multiple reuse of running gear 
equipment, and the experience of the transporters.
    In addition, HUD is persuaded that the use of products 
substantially in excess of their design capacity is unsound and that 
the current degree of tire overloading and failure rates associated 
with increased travel speeds, less-than-ideal highway conditions, and 
heavier manufactured homes is not acceptable. Given today's conditions, 
the Interpretative Bulletin may be permitting practices which do not 
assure ``that the running gear assembly, as part of the chassis, shall 
be designed to perform, as a balanced system, in order to effectively 
sustain the designed loads set forth in Sec. 3280.904(b)(3) and to 
provide for durable dependable safe

[[Page 18021]]

mobility of the manufactured home'' (emphasis added).
    Therefore, HUD has concluded that elimination or substantial 
mitigation of tire overloading is needed. While the use of 9-14.5 
Series F tires would be a possible option, these tires are not 
currently being produced. Therefore, a proposed rule which imposes such 
a requirement would require a long phase-in period. Also, the use of 9-
14.5 Series F tires would be the most expensive option.
    The 8-14.5 Series F tires can be produced with the same molds as 8-
14.5 Series E tires which would shorten the necessary lead time. Series 
F tires, though, have not been produced in any quantity over the last 
several years and therefore, there are relatively few used tires that 
are available. Since most of the tires used to transport homes are 
used, this would further exacerbate a potential tire shortage and delay 
the implementation of a proposed rule. Hence, the available options 
have been narrowed to the acceptance of 18 percent overloading versus 
the elimination of tire overloading through the use of 8-14.5 Series E 
tires and an additional axle.
Absence of Authoritative Information Concerning This Subject
    Definitive data on the effect of reducing the number of tire 
failures through the use of 8-14.5 Series E tires is not available. 
Evaluating the risk of allowing tire overloading by 18 percent versus 
no tire overloading is complicated by inadequate information on the 
causes of tire failure, the safety margins built into various tires, 
and the relative performance of new and used tires.
    The Administration's policy in Executive Order 12866, Regulatory 
Planning and Review, requires that ``Agencies should assess costs and 
benefits, both quantifiable and non-quantifiable and choose the 
approach with the maximum net benefits.'' Based on the information 
included in Table F, 18 percent tire overloading would impose one-half 
of the cost of the elimination of tire overloading and might therefore 
be the best alternative at this time, since it provides the greatest 
benefits for the least added cost.
    While Options 1 and 3 will entail some additional cost to home 
manufacturers, the use of slightly overloaded and properly inflated 8-
14.5 Series E tires should substantially reduce the number of tire 
failures. The cost avoided by eliminating tire failures will be 
considerable since there are service calls, lost productivity due to 
the time it takes to change the tire, and even in some cases damage to 
the home. Knowledgeable sources indicated that the added cost for 
upgraded tires may be substantially or wholly offset by reduced service 
calls, longer tire life, and other benefits.
    Therefore, FHWA and HUD are proposing to permit the overloading of 
manufactured home tires by not more than 18 percent for a period of two 
years from the effective date of the final rule and amended 
interpretative bulletin. During that two year period, both agencies 
would review any test and other technical data submitted by the 
manufactured housing industry and tire manufacturers concerning the 
relative performance of tires which are overloaded by 18 percent versus 
no tire overloading.
    Unless both agencies are persuaded that the 18 percent overloading 
does not pose a risk to the traveling public and to the stability of 
the manufactured home, any overloading of tires beyond their design 
capacity would be prohibited after two years from the effective date of 
the final rule. FHWA and HUD encourage tire manufacturers and suppliers 
to submit all test and relevant information concerning the use of 8-
14.5 Series E tires with an effective overloading of 18 percent.
Implementation Schedule for Changes in the Standards
    Manufactured home production is likely to exceed 450,000 sections 
this year which will be a 20-year high for the industry. Since there 
are insufficient 8-14.5, Series E tires being produced, a sudden change 
in the tire requirements could result in shortages and disruption of 
manufactured housing shipments.
    In a letter to Mr. Frank Williams, Director of the Florida 
Manufactured Housing Association, dated February 7, 1994, Goodyear Tire 
and Rubber indicated that the tire demand for 1994 would be 2,400,000 
tires. Goodyear also indicated that should HUD eliminate the 
overloading of tires, thus prohibiting the use of the 7-14.5 tires, 
Goodyear could meet only 20 percent of the demand for 8-14.5 Series E 
tires.
    Discussions with other tire industry officials indicated that 
producers would require a number of months to increase production to 90 
percent of the expected 8-14.5 Series E tire demand. Other sources 
believed that adequate supplies of 8-14.5 Series E tires could be made 
available within 9 months. HUD has concluded that it is in the public 
interest to modify Interpretative Bulletin J-1-76 as soon as an 
adequate supply of 8-14.5 Series E tires is available. Therefore, these 
changes are proposed to be made effective nine months after the 
publication of the amended interpretative bulletin.
    Upon the effective date, tire overloading would be reduced to a 
level not greater than 18 percent and the number of axles necessary to 
support the transportation of the home would be based on engineering 
analysis or testing as required by 24 CFR 3280.904. HUD would welcome 
comments from tire suppliers and producers as to the feasibility of 
this implementation schedule.

IX. Proposed Changes to Interpretative Bulletin J-1-76 of the 
Manufactured Housing Standards

    HUD has determined that the following changes should be made to 
Interpretative Bulletin J-1-76:
    1. Section C--``Axles'' would be deleted in its entirety because 
the Tables in that Section were based on higher service load factors of 
up to 50% for tires. In addition, there has been an increase of 
approximately 25% in design weights for currently produced manufactured 
homes than was originally assumed to develop the Tables.
    Axles would be required to withstand the actual imposed dead load 
including all of the design loads outlined in Sec. 3280.904(b)(3) 
without exceeding maximum allowable stresses for design axle life as 
recommended by the axle manufacturer. The manufacturer would determine 
the number of axles by engineering analysis or by testing as permitted 
in Section 3280.903(c).
    Alternatively, if the manufacturer has submitted documented 
evidence of transportation experience, the minimum number of axles 
permitted by the experience record (weight slips, etc.) may not be less 
than the number of axles required to meet the above criteria. Also, the 
transportation experience must reflect the number of axles and tires 
that would be required under Subpart D of the Interpretative Bulletin 
as amended by this proposed rule.
    2. Section D--``Tires, Wheels, and Rims'' would be revised as 
follows:
    Tires 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 as determined by the manufacturer of the tire. 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

[[Page 18022]]

inspection for 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.

X. Proposed Amendments to the FMCSRs

    The FHWA is proposing to amend 49 CFR 393.75 to make the FMCSRs 
consistent with the HUD's proposed amendments to Interpretative 
Bulletin J-1-76. Section 393.75(f)(1)(i) and (ii) would be redesignated 
as Sec. 393.75(f)(1) and (2). The redesignated paragraphs would address 
all CMVs with the exception of manufactured homes. Section 393.75(f)(2) 
would also reinstate speed restrictions on CMVs operated on overloaded 
tires. The FHWA is proposing that vehicles with overloaded tires be 
prohibited from operating at speeds above 80 km/hr (50 mph). This speed 
ensures the safe operation of the vehicle while preventing conflicts 
with minimum speed limits in certain States. The 80 km/hr (50 mph) 
speed is consistent with the previous speed restriction which was 
rescinded in 1988.
    The FHWA is not proposing limitations on the amount of tire 
overloading allowed for vehicles other than manufactured homes. The 
FHWA will examine that issue separately from this rulemaking and, if 
necessary, propose amendments in a future proceeding.
    To address the issue of overloaded tires on manufactured homes, the 
FHWA is proposing a new paragraph. Section 393.75(g) would allow 18 
percent overloading of manufactured home tires for a period of two 
years after the effective date of the final rule. Manufactured homes 
operating on tires overloaded by more than 9 percent would be 
restricted to a maximum speed of 80 km/hr (50 mph). This speed 
restriction is consistent with information contained in the 1994 Tire 
and Rim Association Handbook.
    The FHWA notes that HUD is not proposing to include a speed 
restriction in the Interpretative Bulletin. While this would result in 
a difference between the revised Interpretative Bulletin and the 
amended FMCSRs, the FHWA and HUD do not believe this minor difference 
will create enforcement problems for the States. Since speed limits are 
not related to the HUD standards for components or elements of the 
manufactured housing units, the reinstatement of a speed restriction 
under Sec. 393.75, and subsequent adoption by the States, would not be 
in conflict with the revised Interpretative Bulletin.
    With regard to the tire pressure and inflation requirements 
currently found at Sec. 393.75(f)(2) and (3), the FHWA proposes to 
include these provisions in a new paragraph, Sec. 393.75(h). The FHWA 
is not proposing substantive changes to the requirements concerning 
tire pressure and inflation at this time.

XI. Proposed Effective Date for FHWA and HUD Amendments

    The FHWA and HUD propose that these revisions to the Regulations 
and the Interpretative bulletin be made effective nine months after the 
publication of the final rule.

XII. Rulemaking Analysis and Notices

    All comments received before the close of business on the comment 
closing date indicated above will be considered and will be available 
for examination in the dockets at the above address. Comments received 
after the comment closing date will be filed in the docket and will be 
considered to the extent practicable, but the FHWA and HUD may issue a 
final rule at any time after the close of the comment period. In 
addition to late comments, the FHWA will also continue to file in the 
docket FHWA MC-95-1 relevant information that becomes available after 
the comment closing date, and interested persons should continue to 
examine the docket for new material.

Executive Order 12866 (Regulatory Planning and Review) and DOT 
Regulatory Policies and Procedures

    The FHWA and HUD have determined that this action is not a 
significant regulatory action within the meaning of Executive Order 
12866. In addition, the FHWA has determined that this action is not 
significant within the meaning of Department of Transportation 
regulatory policies and procedures. This rule would, if adopted, 
establish tire loading limitations for manufactured homes transported 
in interstate commerce. This action would eliminate inconsistency 
between the FHWA and HUD requirements for manufactured homes. The FHWA 
and HUD have evaluated the economic impact of potential changes to the 
regulatory requirements concerning the safe transportation of 
manufactured homes and determined that the proposed standard is 
reasonable, appropriate, and the least costly and intrusive approach 
for the resolution of this issue.
    Nevertheless, based on the information received in response to this 
notice, the FHWA and HUD intend to carefully consider the costs and 
benefits associated with various alternative requirements. Comments, 
information, and data are solicited on the economic impact of the 
potential changes.

Regulatory Flexibility Act

    In compliance with the Regulatory Flexibility Act (5 U.S.C. 601-
612), the FHWA and HUD have evaluated the potential effects of this 
rulemaking proposal on small entities and determined that the proposed 
standard is reasonable, appropriate, and the least costly and intrusive 
approach for the resolution of this issue. The FHWA and HUD certify 
that this rulemaking does not have a significant economic impact on a 
substantial number of small entities. The FHWA and HUD solicit 
comments, information, and data on these impacts.

Executive Order 12612 (Federalism Assessment)

    The FHWA has analyzed this rulemaking in accordance with the 
principles and criteria contained in Executive Order 12612, Federalism, 
and determined that this action does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.
    The General Counsel of HUD, as the Designated Official under 
Section 6(a) of Executive Order 12612, has determined that the policies 
contained in this rule will not have substantial direct effects on 
States or their political subdivisions, or the relationship between the 
Federal government and the States, or on the distribution of power and 
responsibilities among the various levels of government. As a result, 
the rule is not subject to review under the Order.
    Specifically, the requirements of this rule are directed to 
manufacturers and do not impinge upon the relationship between the 
Federal government and State and local governments.

Executive Order 12372 (Intergovernmental Review)

    Catalog of Federal Domestic Assistance Program Number 20.217, Motor 
Carrier Safety. The regulations implementing Executive Order 12372 
regarding intergovernmental consultation on Federal programs and 
activities apply to this program.

Paperwork Reduction Act

    The proposal in this document does not contain information 
collection requirements [44 U.S.C. 3501 et seq.].

[[Page 18023]]

National Environmental Policy Act

    The FHWA has analyzed this action for the purpose of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
determined that this action would not have any effect on the quality of 
the environment.
    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. The Finding of No Significant Impact is available for 
public inspection between 7:30 a.m. and 5:30 p.m. weekdays in the 
Office of the Rules Docket Clerk at the above address.

Regulation Identification Numbers

    A regulation identification number (RIN) is assigned to each 
regulatory action listed in the Unified Agenda of Federal Regulations. 
The Regulatory Information Service Center publishes the Unified Agenda 
in April and October of each year. The RINs contained in the heading of 
this document can be used to cross reference this action with the 
Unified Agenda.

Executive Order 12606, The Family

    The General Counsel of HUD, as the Designated Official under 
Executive Order 12606, The Family, has determined that this rule does 
not have potential for significant impact on formation, maintenance, 
and general well-being of families, and thus, is not subject to review 
under the Order. The rule involves requirements for transportation 
safety standards for manufactured homes. Any effect on the family would 
likely be indirect and insignificant.

List of Subjects in 24 CFR Part 3280

    Fire prevention, Housing standards, Manufactured homes.

List of Subjects in 49 CFR Part 393

    Highway safety, Highways and roads, Motor carriers, and Motor 
vehicle safety.

    In consideration of the foregoing, the Department of Housing and 
Urban Development proposes to amend 24 CFR part 3280 and Interpretative 
Bulletin J-1-76, and the Department of Transportation, Federal Highway 
Administration proposes to amend 49 CFR part 393 as set forth below.

24 CFR Chapter XX

PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

    1. The authority citation for Part 3280 is revised to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 5301, and 5401.

    2. Interpretative Bulletin J-1-76 published at 41 FR 53627 
(December 7, 1976) would be amended as follows. (The Interpretative 
Bulletin is available from the Rules Docket Clerk, Room 10276, 
Department of Housing and Urban Development, 451 7th St. SW., 
Washington, DC 20410).
    Section C. of the interpretative bulletin would be removed. Section 
D. would be redesignated as Section C. and would be revised to read as 
set forth below. Sections E. and F. would be redesignated as Sections 
D. and E.
* * * * *
    C. Tires shall be sized and fitted to axles in accordance with 
the gross axle weight rating determined by the mobile home 
manufacturer. The permissible tire loading may be increased up to a 
maximum of 18 percent beyond the rated load capacity of the 
manufactured home tire as determined by the manufacturer of the 
tire. 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. This 
provision will become effective nine months after the publication 
date of the final rule (insert publication date). This provision 
will expire (INSERT DATE TWO YEARS AFTER THE EFFECTIVE DATE OF THE 
AMENDED INTERPRETATIVE BULLETIN) unless extended by mutual consent 
of FHWA and HUD.
* * * * *

49 CFR Chapter III

PART 393--PARTS AND ACCESSORIES NECESSARY FOR SAFE OPERATION

    4. The authority citation at the end of Sec. 393.75 would be 
removed and the authority citation for 49 CFR part 393 would be revised 
to read as follows:

    Authority: Section 1041(b) of Pub. L. 102-240, 105 Stat. 1914, 
1993; 49 U.S.C. 31136 and 31502; 49 CFR 1.48.

    5. Section 393.5 would be amended by adding the definitions of 
manufactured home, length of a manufactured home, and width of a 
manufactured home, placing them in alphabetical order, as follows:
* * * * *
    Length of a manufactured home. The largest exterior length in the 
traveling mode, including any projections which contain interior space. 
Length does not include bay windows, roof projections, overhangs, or 
eaves under which there is no interior space, nor does it include 
drawbars, couplings or hitches.
* * * * *
    Manufactured home. A structure, transportable in one or more 
sections, which in the traveling mode, is eight feet or more in width 
or forty feet or more in length or, when erected on site, is three 
hundred and twenty 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 therein. Calculations used to determine the number of 
square feet in a structure 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. This term includes all structures which meet the above 
requirements except the size requirements and with respect to which the 
manufacturer files a certification pursuant to 24 CFR 3282.13 and 
complies with the standards set forth in part 24 CFR 3280.
* * * * *
    Width of a manufactured home. The largest exterior width in the 
traveling mode, including any projections which contain interior space. 
Width does not include bay windows, roof projections, overhangs, or 
eaves under which there is no interior space.
    6. Section 393.75 would be amended by revising paragraph (f), and 
by adding paragraphs (g) and (h) to read as follows:


Sec. 393.75  Tires.

* * * * *
    (f) Tire loading restrictions. With the exception of manufactured 
homes, no motor vehicle shall be operated with tires that carry a 
weight greater than that marked on the sidewall of the tire or, in the 
absence of a marking on the sidewall of the tire, a weight greater than 
that specified for the tires in any of the publications of any of the 
organizations listed in FMVSS No. 119 (49 CFR 571.119, S5.1(b)) unless:
    (1) The vehicle is being operated under the terms of a special 
permit issued by the State; and
    (2) The vehicle is being operated at a reduced speed to compensate 
for the tire loading in excess of the manufacturer's rated capacity for 
the tire. In no case shall the speed exceed 80 km/hr (50 mph).
    (g) Tire loading restrictions for manufactured homes. Effective 
(INSERT

[[Page 18024]]

DATE NINE MONTHS AFTER THE PUBLICATION DATE OF THE FINAL RULE), tires 
used for the transportation of manufactured homes (i.e., tires marked 
or labeled 7-14.5MH and 8-14.5MH) may be loaded up to 18 percent over 
the load rating marked on the sidewall of the tire or, in the absence 
of a marking on the sidewall of the tire, 18 percent over the load 
rating specified in any of the publications of any of the organizations 
listed in FMVSS No. 119 (49 CFR 571.119, S5.1(b)). Manufactured homes 
transported on tires overloaded by 9 percent or more must not be 
operated at speeds exceeding 80 km/hr (50 mph). This provision will 
expire (INSERT DATE TWO YEARS AFTER THE EFFECTIVE DATE OF THE FINAL 
RULE) unless extended by mutual consent of FHWA and HUD.
    (h) Tire inflation pressure.
    (1) No motor vehicle shall be operated on a tire which has a cold 
inflation pressure less than that specified for the load being carried.
    (2) If the inflation pressure of the tire has been increased by 
heat because of the recent operation of the vehicle, the cold inflation 
pressure shall be estimated by subtracting the inflation buildup factor 
shown in Table 1 from the measured inflation pressure.

                          Table 1.--Inflation Pressure Measurement Correction for Heat                          
----------------------------------------------------------------------------------------------------------------
                                                         Minimum inflation pressure buildup                     
 Average speed of vehicle in the  ------------------------------------------------------------------------------
          previous hour            Tires with 1,814 kg (4,000 lbs.) maximum load     Tires with over 1,814 kg   
                                                   rating or less                    (4,000 lbs.) load rating   
----------------------------------------------------------------------------------------------------------------
66-88.5 km/hr (41-55 mph)........  34.5 kPa (5 psi).............................  103.4 kpa (15 psi).           
----------------------------------------------------------------------------------------------------------------

    Issued on: March 15, 1996.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner.

Rodney E. Slater,
Federal Highway Administrator.
[FR Doc. 96-9717 Filed 4-22-96; 8:45 am]
BILLING CODE 4210-27-P