[Federal Register Volume 67, Number 147 (Wednesday, July 31, 2002)]
[Rules and Regulations]
[Pages 49794-49795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19247]



[[Page 49793]]

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Part IV





Department of Housing and Urban Development





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24 CFR Part 3280



Manufactured Home Construction and Safety Standards: Smoke Alarms; 
Amendments; Final Rule

  Federal Register / Vol. 67, No. 147 / Wednesday, July 31, 2002 / 
Rules and Regulations  

[[Page 49794]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3280

[Docket No. FR-4552-C-03]
RIN 2502-AH48


Manufactured Home Construction and Safety Standards: Smoke 
Alarms; Amendments

AGENCY: Office of the Assistant Secretary for Housing-Federal Housing 
Commissioner, HUD.

ACTION: Final rule; amendments.

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SUMMARY: This document makes certain amendments to the final rule that 
was recently published in the Federal Register that revised the Federal 
Manufactured Home Construction and Safety Standards requirements for 
the location and placement of smoke alarms. The amendments are made to 
correct certain technical errors and to include an omission, referenced 
in the preamble, but not included in the regulatory text.

EFFECTIVE DATE: September 16, 2002.

FOR FURTHER INFORMATION CONTACT: William W. Matchneer III, 
Administrator, Manufactured Housing Program, Room 9156, Department of 
Housing and Urban Development, 451 Seventh Street, SW, Washington, DC 
20410; telephone (202) 708-6401 (this is not a toll-free number). 
Persons who have difficulty hearing or speaking may access this number 
via TTY by calling the toll-free Federal Information Relay Service at 
(800) 877-8339.

SUPPLEMENTARY INFORMATION: On March 19, 2002, the Department published 
a final rule in the Federal Register (67 FR 12812) to amend the Federal 
Manufactured Home Construction and Safety Standards to revise the 
requirements for location and placement of smoke alarms. The final rule 
stated that ``The amendments will improve the effectiveness and 
performance of smoke alarms in early warning detection of manufactured 
home fires and, as a result, reduce the rate of fire fatalities in new 
manufactured housing.'' (67 FR 12812). Since publication of the final 
rule, HUD has discovered the following errors and omission in the 
regulations that this document remedies:

In Secs. 3280.208(c)(1), (c)(2), and (c)(3), language was omitted that 
described the minimum slope of sloping ceilings. This document remedies 
that omission, along with making other corrections to paragraphs (c)(2) 
and (c)(3). The corrected paragraphs are set forth below.
--Paragraph (c)(1) now reads as follows:

    (c) Mounting requirements. (1) Except in rooms with peaked 
sloping or shed sloping ceilings with a slope of more than 1.5/12 or 
as permitted pursuant to paragraph (e) of this section, smoke alarms 
must be mounted either: * * *

--In Sec. 3280.208(c)(2), the second reference to a horizontal 
measurement is incorrect; the reference should be to a vertical 
measurement. This is consistent with the method for determining the 
comparable measurement set out for non-sloped ceilings. As corrected, 
paragraph (c)(2) now reads as follows:

    (2) Except as permitted pursuant to paragraph (e) of this 
section, in rooms with peaked sloping ceilings with a slope of more 
than 1.5/12, smoke alarms must be mounted on the ceiling within 3 
feet, measured horizontally, from the peak of the ceiling; at least 
4 inches, measured vertically, below the peak of the ceiling; and at 
least 4 inches from any projecting structural element.

    In Sec. 3280.208(c)(3), the phrase ``on the ceiling'' and the 
method of measurement were inadvertently omitted. The preamble of the 
final rule indicated that specification of locations for smoke alarms 
on peaked sloping or shed sloping ceilings is important for proper 
operation of the alarms. (See 67 FR 12813 and 12815.) Additionally, the 
preambles of both the proposed and final rules stated that the 
Department's rule was largely based on the provisions of the National 
Fire Protection Association 501 Standard. (See, respectively 65 FR 
31778 and 67 FR 12813 and 12815.) With the inclusion of this language, 
which is consistent with the proposed rule, paragraph (c)(3) now reads 
as follows:

    (3) Except as permitted pursuant to paragraph (e) of this 
section, in rooms with shed sloping ceilings with a slope of more 
than 1.5/12, smoke alarms must be mounted on the ceiling within 3 
feet, measured horizontally, of the high side of the ceiling, and 
not closer than 4 inches from any adjoining wall surface and from 
any projecting structural element.

Justification for Final Rulemaking

    In general, HUD publishes a rule for public comment before issuing 
a rule for effect, in accordance with HUD's regulations on rulemaking 
at 24 CFR part 10. Part 10, however, does provide in Sec. 10.1 for 
exceptions from that general rule where HUD finds good cause to omit 
advance notice and public participation. The good cause requirement is 
satisfied when the prior public procedure is ``impracticable, 
unnecessary or contrary to the public interest.''
    The Department finds that good cause exists to publish this rule 
for effect without soliciting public comment in that prior public 
procedure is contrary to the public interest. This final rule corrects 
technical errors and includes language discussed in the preamble of the 
proposed rule but inadvertently omitted from the regulatory text.

Findings and Certifications

Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed and approved this final rule, and in so 
doing certifies that this rule will not have a significant economic 
impact on a substantial number of small entities. This rule is limited 
to addressing technical errors and omissions.

Environmental Impact

    This rule does not involve a development decision that affects the 
physical condition of specific project areas or building sites. 
Accordingly, under HUD's regulations in 24 CFR part 50, this rule is 
categorically excluded from environmental review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321).

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits, to the 
extent practicable and permitted by law, an agency from promulgating a 
regulation that has federalism implications and either imposes 
substantial direct compliance costs on State and local governments and 
is not required by statute, or preempts State law, unless the relevant 
requirements of section 6 of the Executive Order are met. This rule 
does not have federalism implications and does not impose substantial 
direct compliance costs on State and local governments nor preempt 
State law within the meaning of the Executive Order.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4, approved March 22, 1995) (UMRA) establishes requirements for Federal 
agencies to assess the effects of their regulatory actions on State, 
local, and tribal governments, and on the private sector. This final 
rule does not impose any Federal mandates on any State, local, or 
tribal governments, or on the private sector, within the meaning of the 
UMRA.

    Accordingly, for the reasons stated in the preamble, HUD amends 24 
CFR part 3280 as follows:

[[Page 49795]]

PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

    1. The authority citation for 24 CFR part 3280 continues as 
follows:

    Authority: 42 U.S.C. 3535(d), 5403, and 5424.

    2. Section 3280.208 is amended by revising paragraphs (c)(1) 
introductory text, (c)(2) and (c)(3) to read as follows:


Sec. 3280.208  Smoke alarm requirements.

* * * * *
    (c) Mounting requirements. (1) Except in rooms with peaked sloping 
or shed sloping ceilings with a slope of more than 1.5/12 or as 
permitted pursuant to paragraph (e) of this section, smoke alarms must 
be mounted either:
* * * * *
    (2) Except as permitted pursuant to paragraph (e) of this section, 
in rooms with peaked sloping ceilings with a slope of more than 1.5/12, 
smoke alarms must be mounted on the ceiling within 3 feet, measured 
horizontally, from the peak of the ceiling; at least 4 inches, measured 
vertically, below the peak of the ceiling; and at least 4 inches from 
any projecting structural element.
    (3) Except as permitted pursuant to paragraph (e) of this section, 
in rooms with shed sloping ceilings with a slope of more than 1.5/12, 
smoke alarms must be mounted on the ceiling within 3 feet, measured 
horizontally, of the high side of the ceiling, and not closer than 4 
inches from any adjoining wall surface and from any projecting 
structural element.
* * * * *

    Dated: July 24, 2002.
John C. Weicher,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 02-19247 Filed 7-30-02; 8:45 am]
BILLING CODE 4210-27-P