MHI HOUSING ALERT

Jan. 2, 2002 - It has come to our attention that some members were unable to access the Dec. 28 MHI HOUSING ALERT below. Since mailing the notice, MHI has been attempting to contact every MHI manufacturer to determine what steps they are taking to comply with the new regulation. Most manufacturers are adding an extra axle to the homes in order to prevent tire overloading. Also, manufacturers have indicated that for those homes which had six axles prior to the rule and where adding a seventh axle is not practical, they are shipping these homes with larger tires in order to comply. While most manufacturers have stated that they have been able to obtain enough tires to meet their immediate needs by adding an axle, many report difficulty in finding larger tires. Tire manufacturers and tire wholesalers are racing to meet the demand for these larger tires.

While some states have reported that their state DOTs will not implement the new rule for sixty days, MHI strongly encourages all manufacturers to comply with the new rule, effective with homes labeled today.

MHI HOUSING ALERT

FINAL TIRE RULE PERMITS
GRANDFATHERING OF EXISTING HOMES

Arlington, Va., Dec. 28, 2001 - The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has issued its long-awaited final rule regarding tires used in the transportation of manufactured homes, including a "grandfather" provision that exempts manufactured homes labeled on or before December 31, 2001 from the new rule and allows these homes to be transported under the former 18 percent overload rule. The new rule, permitting no overload of manufactured home tires, becomes effective for homes labeled on or after January 1, 2002.

"MHI fought until the final hour for a phase-in period that would have given manufacturers additional time to implement the new rule. We even went as far as to inform members that the 180-day delay was "likely" following a high-level meeting with DOT personnel. But, in the end, the positions of FMCSA and the major tire companies prevailed. Now we are faced with implementing the new rule in a matter of days," stated MHI President Chris Stinebert. "While we are gratified that the federal officials finally agreed with our viewpoint and allowed existing homes to be "grandfathered" from the new rule’s provisions, we are extremely unhappy that they denied our request for a delayed implementation period. MHI is continuing its efforts to delay enforcement in order to ensure a smooth transition for the manufactured housing industry."

On the issue of the January 1, 2002 implementation date, MHI is consulting with DOT officials to determine recommended enforcement policies for the initial 60-days of the new rule. However, it must be noted that state DOTs operate independently and enforcement might vary greatly from state to state. On a parallel track, MHI is consulting with attorneys regarding a lawsuit in federal court to "stay" or halt enforcement of the new rule until the court has an opportunity to hear arguments on the "irreparable damage" from implementing the rule on such short notice.

In anticipation of this possible rule, MHI had advised its manufacturer members to develop contingency plans implementing the "no overload" of tires after the first of 2002. In surveying its manufacturers, most had indicated that they already had contingency plans in place. For those manufacturers who are not prepared to implement the new rule, MHI is attempting to work with FMCSA and states to determine enforcement practices over the coming months.

If any manufacturer can assist MHI in demonstrating "irreparable harm" from timely implementation of the rule, which is the sole basis for MHI’s legal challenge, please contact MHI’s Frank Walter at 703-558-0664 or fwalter@mfghome.org.

The new rule replaces regulations that permitted manufactured home tires to be overloaded up to 18 percent over their load ratings. DOT/FMCSA had earlier this year indicated that it intended to "sunset" the current tire rule on December 31, 2001. However, a final notice of DOT’s action was delayed because of conflicting rules on tire overloading between DOT and the U.S. Department of Housing and Urban Affairs, the federal agency with regulatory oversight of the manufactured housing construction and safety standards.

Late on Dec. 27, MHI staff obtained a pre-publication copy of the FMCSA final rule. The rule was published in the Federal Register on December 31, 2001. If you have access to the Web, the Federal Register publication may be downloaded from: www.access.gpo.gov/su_docs/fedreg/frcont01.html. Scroll down to a listing for documents of the Federal Motor Carrier Safety Administration and download the Manufactured Home Tire rule.

The DOT/FMCSA rule at 49 CFR 393.75 is being amended to revise paragraphs (f) and (g) to read as follows:

Section 393.75 Tires.

(f) Tire loading restrictions (except on manufactured homes). No motor vehicle (except manufactured homes, which are governed by paragraph (g) of this section) shall be operated with tires that carry a weight greater than that marked on the sidewall of the tire or, in the absence of such a marking, a weight greater than that specified for the tires in any of the publications of any of the organizations listed in Federal Motor Vehicle Safety Standard No. 119 (49CFR 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)(1) Tire loading restrictions for manufactured homes built before January 1, 2002. Manufactured homes that are labeled pursuant to 24 CFR 3282.362(c)(2)(i) before January 1, 2002, must not be transported on tires that are loaded more than 18 percent over the load rating marked on the sidewall of the tire or, in the absence of such a marking, more than 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 labeled before January 1, 2002, transported on tires overloaded by 9 percent or more must not be operated at speeds exceeding 80 km/hr (50 mph).

(2) Tire loading restrictions for manufactured homes built on or after January 1, 2002. Manufactured homes that are labeled pursuant to 24 CFR 3282.362 (c)(2)(i) on or after January 1, 2002, must not be transported on tires loaded beyond the load rating marked on the sidewall of the tire or, in the absence of such a marking, 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)).