Federal Manufactured Home Construction and Safety Standards and Other Orders: HUD Statements That Are Subject to Consensus Committee Processes, 5888-5890 [2010-2571]
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5888
Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations
& Co., Lilly Corporate Center,
Indianapolis, IN 46285, filed NADA
141–301 for use of TOPMAX
(ractopamine hydrochloride) and
COBAN (monensin, USP) singleingredient Type A medicated articles to
formulate two-way combination Type C
medicated feeds for finishing hen and
tom turkeys. The NADA is approved as
of December 11, 2009, and the
regulations in 21 CFR 558.500 are
amended to reflect the approval.
In accordance with the freedom of
information provisions of 21 CFR part
20 and 21 CFR 514.11(e)(2)(ii), a
summary of safety and effectiveness
data and information submitted to
support approval of this application
may be seen in the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
Ractopamine in
grams/ton
1061, Rockville, MD 20852, between 9
a.m. and 4 p.m., Monday through
Friday.
The agency has determined under 21
CFR 25.33 that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
■
List of Subjects in 21 CFR Part 558
*
Animal drugs, Animal feeds.
Combination in
grams/ton
*
*
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under the
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 558 is amended as follows:
PART 558—NEW ANIMAL DRUGS FOR
USE IN ANIMAL FEEDS
1. The authority citation for 21 CFR
part 558 continues to read as follows:
■
Authority: 21 U.S.C. 360b, 371.
2. In § 558.500, add paragraphs
(e)(3)(iii) and (e)(3)(iv) to read as
follows:
■
§ 558.500
Indications for use
*
Ractopamine.
*
*
(e) * * *
(3) * * *
*
*
Limitations
*
*
*
Sponsor
*
(iii) 4.6 to 11.8 (5 to 13
ppm)
Monensin 54 to 90
Finishing hen turkeys: As in paragraph (e)(3)(i) of this section; and
for the prevention of coccidiosis in
growing turkeys caused by Eimeria
adenoeides, E. meleagrimitis and
E. gallopavonis.
Feed continuously as sole ration during the last 7 to 14 days prior to
slaughter. See § 558.355(d).
000986
(iv) 4.6 to 11.8 (5 to 13
ppm)
Monensin 54 to 90
Finishing tom turkeys: As in paragraph (e)(3)(ii) of this section; and
for the prevention of coccidiosis in
growing turkeys caused by Eimeria
adenoeides, E. meleagrimitis and
E. gallopavonis.
Feed continuously as sole ration during the last 14 days prior to slaughter. Feeding ractopamine to tom
turkeys during periods of excessive
heat can result in increased mortality. See § 558.355(d).
000986
Dated: February 1, 2010.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
certain classes of statements by HUD
relating to manufactured housing
requirements are subject to proposal,
review, and comment processes
involving a consensus committee. The
consensus committee includes
representatives of manufactured
housing producers and users, as well as
general interest and public officials.
This rule interprets the statutory
requirement to clarify the types of
statements that are subject to the
proposal, review, and comment
processes.
[FR Doc. 2010–2427 Filed 2–4–10; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 3280 and 3282
[Docket No. FR–5343–IN–01]
RIN 2502–AI77
DATES:
WReier-Aviles on DSKGBLS3C1PROD with RULES
Federal Manufactured Home
Construction and Safety Standards
and Other Orders: HUD Statements
That Are Subject to Consensus
Committee Processes
AGENCY: Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Interpretive rule.
SUMMARY: The National Manufactured
Housing Construction and Safety
Standards Act of 1974 provides that
VerDate Nov<24>2008
14:20 Feb 04, 2010
Jkt 220001
Effective Date: February 5, 2010.
FOR FURTHER INFORMATION CONTACT:
William W. Matchneer III, Associate
Deputy Assistant Secretary for
Regulatory Affairs and Manufactured
Housing, Office of Manufactured
Housing Programs, Department of
Housing and Urban Development, 451
Seventh Street, SW., Room 9164,
Washington, DC 20410; telephone
number 202–708–6401 (this is not a tollfree number). Persons with hearing or
speech impairments may access this
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
number via TTY by calling the toll-free
Federal Information Relay Service at
1–800–877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
The National Manufactured Housing
Construction and Safety Standards Act
of 1974 (42 U.S.C. 5401–5426) (‘‘the
Act’’), as amended by the Manufactured
Housing Improvement Act of 2000 (Title
VI, Pub. L. 106–659), provides for the
establishment and revision of Federal
construction and safety standards for
manufactured housing, as well as for
procedural and enforcement regulations
and interpretive bulletins related to
implementation of these standards.
Section 604(a) of the Act provides,
among other things, the process for the
development, proposal, and issuance of
revisions of Federal construction and
safety standards, which govern the
construction, design, and performance
of a manufactured home. Section 604(a)
establishes a consensus committee,
which is comprised of representatives of
manufactured housing producers and
E:\FR\FM\05FER1.SGM
05FER1
WReier-Aviles on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations
users, as well as general interest and
public officials. Section 604(a)(3)(A)
provides that the consensus committee
shall:
(i) Provide periodic recommendations
to the Secretary to adopt, revise, and
interpret the Federal manufactured
housing construction and safety
standards in accordance with this
subsection;
(ii) Provide periodic
recommendations to the Secretary to
adopt, revise, and interpret the
procedural and enforcement regulations,
including regulations specifying the
permissible scope and conduct of
monitoring in accordance with
subsection (b) of this section;
(iii) Be organized and carry out its
business in a manner that guarantees a
fair opportunity for the expression and
consideration of various positions and
for public participation; and
(iv) Be deemed to be an advisory
committee not composed of Federal
employees. HUD has by regulation
expanded the role of the consensus
committee beyond that required under
the Act. Although the Act provided that
the consensus committee was to
develop the original proposed model
installation standards for manufactured
housing, HUD has provided in 24 CFR
3285.1(c) that whenever HUD proposes
to revise the model installation
standards, it will also seek input and
comment from the consensus
committee. Similarly, HUD has
provided in 24 CFR 3288.305 that it will
seek input from the consensus
committee whenever it proposes to
revise the manufactured housing
dispute resolution regulations.
In accordance with section 604(a) of
the Act, the consensus committee may
submit to HUD proposals to revise the
Federal construction and safety
standards, and HUD may either publish
recommended standards for notice and
public comment, or publish a standard
along with its reasons for rejecting the
standard. Upon consideration of any
public comments, the consensus
committee must provide HUD with any
proposed revised standards, which HUD
must in turn publish with either a
description of the circumstances under
which the proposed revised standard
could become effective or, alternatively,
HUD’s reasons for rejecting the
proposed revised standard. HUD must
then adopt, modify, or reject any
proposed standards through procedures
and within the time frames specified in
subsection 604(a).
Section 604(b) of the Act provides,
among other things, the process for
issuance of ‘‘other orders,’’ which
consist of procedural and enforcement
VerDate Nov<24>2008
14:20 Feb 04, 2010
Jkt 220001
regulations and interpretive bulletins.
Interpretive bulletins clarify the
meaning of Federal manufactured home
construction and safety standards,
procedural regulations, and enforcement
regulations. Before HUD issues a
procedural regulation, enforcement
regulation, or interpretive bulletin, it
must submit its proposed regulation or
interpretive bulletin to the consensus
committee for review and comment.
HUD may accept or reject any consensus
committee comments, but upon doing
so, it must publish for public notice and
comment the proposed regulation or
interpretive bulletin, along with the
consensus committee’s comments and
HUD’s responses to the consensus
committee’s comments. The consensus
committee may also submit its own
proposed procedural regulations,
enforcement regulations, and
interpretive bulletins to HUD. Upon
receiving such a proposal from the
consensus committee, HUD must either
approve the proposal and publish it for
public notice and comment, or reject the
proposal and publish it along with its
reasons for the rejection and any
recommended modifications.
Section 604(b)(6) of the Act is entitled
‘‘Changes’’ and reads in its entirety as
follows:
Any statement of policies, practices, or
procedures relating to construction and
safety standards, regulations, inspections,
monitoring, or other enforcement activities
that constitutes a statement of general or
particular applicability to implement,
interpret, or prescribe law or policy by the
Secretary is subject to [section 604(a)] or this
[section 604(b)]. Any change adopted in
violation of [section 604(a)] or this [section
604(b)] is void.
Some questions have arisen within
the consensus committee over what
statements by HUD fall within the scope
of section 604(b)(6). For example, some
have asserted that the consensus
committee has broad jurisdiction and
authority over all aspects of HUD’s
manufactured housing program, such
that HUD’s internal budgets, contract
decisions, and determinations whether
to take enforcement action must be
made or approved in advance by the
consensus committee. HUD is
concerned that such assertions may lead
to confusion among members of the
public, which is routinely invited to
attend consensus committee meetings,
with regard to the consensus
committee’s role. Accordingly, HUD is
issuing this interpretive rule to clarify
the scope of section 604(b)(6)’s
coverage.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
5889
II. This Interpretive Rule
This rule interprets the scope of
section 604(b)(6) to clarify the types of
statements by HUD to which the section
applies. HUD notes that in specifying
which statements ‘‘relating to
construction and safety standards,
regulations, inspections, monitoring, or
other enforcement activities’’ are subject
to section 604(a) or (b), section 604(b)(6)
uses language that is nearly identical to
that found in the Administrative
Procedure Act’s (5 U.S.C. 551 et seq.)
(the APA) definition of a ‘‘rule.’’ The
APA definition states, in pertinent part:
‘‘Rule’’ means the whole or a part of an
agency statement of general or particular
applicability and future effect designed to
implement, interpret, or prescribe law or
policy or describing the organization,
procedure, or practice requirements of an
agency.’’ (5 U.S.C. 551(4))
Over the 63 years since enactment of
the APA, courts have developed
extensive case law interpreting the
APA’s definition of a rule. (See, e.g.,
Jeffery S. Lubbers, A Guide to Federal
Agency Rulemaking, 4th ed., (2006), pp.
49–126.) HUD will not attempt to
summarize this case law in this
interpretive rule, but views section
604(b)(6) as demonstrating Congress’s
intent to incorporate the APA’s
definition of a rule as developed by the
courts, except to the extent that section
604(b)(6) deviates substantively from
the APA definition. HUD notes that the
only substantive difference between the
scope of section 604(b)(6) and the APA’s
definition of a rule is that section
604(b)(6) excludes from coverage
statements describing agency
organization. Although section 604(b)(6)
does not repeat the APA definition’s
express provision that the statement be
one ‘‘of future effect,’’ HUD does not
interpret this difference as a substantive
one, since virtually any statement that
‘‘implements, interprets, or prescribes
law or policy’’ is necessarily a statement
of future effect. Finally, the scope of
section 604(b)(6) is limited by its own
terms to statements relating to
manufactured housing ‘‘construction
and safety standards, regulations,
inspections, monitoring, or other
enforcement activities’’ that amount to a
‘‘change.’’ Statements relating to other
matters, including interpretation of
other matters covered by the Act,
statements that merely summarize or
repeat the substance of prior statements
or practices, and statements that merely
provide guidance, are beyond the scope
of section 604(b)(6).
Accordingly, HUD interprets the
scope of section 604(b)(6) to include
only statements by HUD that:
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05FER1
5890
Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations
(1) Relate to manufactured housing
construction and safety standards,
regulations, inspections, monitoring, or
other enforcement activities;
(2) Meet the definition of a ‘‘rule’’
under the APA and applicable case law,
except that statements describing
agency organization are not included;
and
(3) Constitute a change from prior
HUD statements or practice on the same
subject matter.
III. Findings and Certifications
Environmental Impact
This final rule does not direct,
provide for assistance or loan and
mortgage insurance for, or otherwise
govern or regulate real property
acquisition, disposition, leasing,
rehabilitation, alteration, demolition, or
new construction; or establish, revise, or
provide for standards for construction or
construction materials, manufactured
housing, or occupancy. Accordingly,
under 24 CFR 50.19(c)(1), this rule is
categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
List of Subjects
24 CFR Part 3280
Fire prevention, Housing standards.
24 CFR Part 3282
Administrative practice and
procedure, Consumer protection,
Intergovernmental relations,
Investigations, Manufactured homes,
Reporting and recordkeeping
requirements.
Dated: January 27, 2010.
David H. Stevens,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2010–2571 Filed 2–4–10; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
WReier-Aviles on DSKGBLS3C1PROD with RULES
44 CFR Part 64
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–8115]
Suspension of Community Eligibility
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
SUMMARY: This rule identifies
communities, where the sale of flood
VerDate Nov<24>2008
14:20 Feb 04, 2010
Jkt 220001
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–2953.
The NFIP
enables property owners to purchase
flood insurance which is generally not
otherwise available. In return,
communities agree to adopt and
administer local floodplain management
aimed at protecting lives and new
construction from future flooding.
Section 1315 of the National Flood
Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance
coverage as authorized under the NFIP,
42 U.S.C. 4001 et seq.; unless an
appropriate public body adopts
adequate floodplain management
measures with effective enforcement
measures. The communities listed in
this document no longer meet that
statutory requirement for compliance
with program regulations, 44 CFR part
59. Accordingly, the communities will
be suspended on the effective date in
the third column. As of that date, flood
insurance will no longer be available in
the community. However, some of these
communities may adopt and submit the
required documentation of legally
enforceable floodplain management
measures after this rule is published but
prior to the actual suspension date.
These communities will not be
suspended and will continue their
eligibility for the sale of insurance. A
notice withdrawing the suspension of
the communities will be published in
the Federal Register.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
In addition, FEMA has identified the
Special Flood Hazard Areas (SFHAs) in
these communities by publishing a
Flood Insurance Rate Map (FIRM). The
date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may legally be provided for
construction or acquisition of buildings
in identified SFHAs for communities
not participating in the NFIP and
identified for more than a year, on
FEMA’s initial flood insurance map of
the community as having flood-prone
areas (section 202(a) of the Flood
Disaster Protection Act of 1973, 42
U.S.C. 4106(a), as amended). This
prohibition against certain types of
Federal assistance becomes effective for
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment under 5 U.S.C. 553(b)
are impracticable and unnecessary
because communities listed in this final
rule have been adequately notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits flood insurance coverage
unless an appropriate public body
adopts adequate floodplain management
measures with effective enforcement
measures. The communities listed no
longer comply with the statutory
requirements, and after the effective
date, flood insurance will no longer be
available in the communities unless
remedial action takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
E:\FR\FM\05FER1.SGM
05FER1
]]>Agencies
[Federal Register Volume 75, Number 24 (Friday, February 5, 2010)]
[Rules and Regulations]
[Pages 5888-5890]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2571]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 3280 and 3282
[Docket No. FR-5343-IN-01]
RIN 2502-AI77
Federal Manufactured Home Construction and Safety Standards and
Other Orders: HUD Statements That Are Subject to Consensus Committee
Processes
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Interpretive rule.
-----------------------------------------------------------------------
SUMMARY: The National Manufactured Housing Construction and Safety
Standards Act of 1974 provides that certain classes of statements by
HUD relating to manufactured housing requirements are subject to
proposal, review, and comment processes involving a consensus
committee. The consensus committee includes representatives of
manufactured housing producers and users, as well as general interest
and public officials. This rule interprets the statutory requirement to
clarify the types of statements that are subject to the proposal,
review, and comment processes.
DATES: Effective Date: February 5, 2010.
FOR FURTHER INFORMATION CONTACT: William W. Matchneer III, Associate
Deputy Assistant Secretary for Regulatory Affairs and Manufactured
Housing, Office of Manufactured Housing Programs, Department of Housing
and Urban Development, 451 Seventh Street, SW., Room 9164, Washington,
DC 20410; telephone number 202-708-6401 (this is not a toll-free
number). Persons with hearing or speech impairments may access this
number via TTY by calling the toll-free Federal Information Relay
Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
The National Manufactured Housing Construction and Safety Standards
Act of 1974 (42 U.S.C. 5401-5426) (``the Act''), as amended by the
Manufactured Housing Improvement Act of 2000 (Title VI, Pub. L. 106-
659), provides for the establishment and revision of Federal
construction and safety standards for manufactured housing, as well as
for procedural and enforcement regulations and interpretive bulletins
related to implementation of these standards.
Section 604(a) of the Act provides, among other things, the process
for the development, proposal, and issuance of revisions of Federal
construction and safety standards, which govern the construction,
design, and performance of a manufactured home. Section 604(a)
establishes a consensus committee, which is comprised of
representatives of manufactured housing producers and
[[Page 5889]]
users, as well as general interest and public officials. Section
604(a)(3)(A) provides that the consensus committee shall:
(i) Provide periodic recommendations to the Secretary to adopt,
revise, and interpret the Federal manufactured housing construction and
safety standards in accordance with this subsection;
(ii) Provide periodic recommendations to the Secretary to adopt,
revise, and interpret the procedural and enforcement regulations,
including regulations specifying the permissible scope and conduct of
monitoring in accordance with subsection (b) of this section;
(iii) Be organized and carry out its business in a manner that
guarantees a fair opportunity for the expression and consideration of
various positions and for public participation; and
(iv) Be deemed to be an advisory committee not composed of Federal
employees. HUD has by regulation expanded the role of the consensus
committee beyond that required under the Act. Although the Act provided
that the consensus committee was to develop the original proposed model
installation standards for manufactured housing, HUD has provided in 24
CFR 3285.1(c) that whenever HUD proposes to revise the model
installation standards, it will also seek input and comment from the
consensus committee. Similarly, HUD has provided in 24 CFR 3288.305
that it will seek input from the consensus committee whenever it
proposes to revise the manufactured housing dispute resolution
regulations.
In accordance with section 604(a) of the Act, the consensus
committee may submit to HUD proposals to revise the Federal
construction and safety standards, and HUD may either publish
recommended standards for notice and public comment, or publish a
standard along with its reasons for rejecting the standard. Upon
consideration of any public comments, the consensus committee must
provide HUD with any proposed revised standards, which HUD must in turn
publish with either a description of the circumstances under which the
proposed revised standard could become effective or, alternatively,
HUD's reasons for rejecting the proposed revised standard. HUD must
then adopt, modify, or reject any proposed standards through procedures
and within the time frames specified in subsection 604(a).
Section 604(b) of the Act provides, among other things, the process
for issuance of ``other orders,'' which consist of procedural and
enforcement regulations and interpretive bulletins. Interpretive
bulletins clarify the meaning of Federal manufactured home construction
and safety standards, procedural regulations, and enforcement
regulations. Before HUD issues a procedural regulation, enforcement
regulation, or interpretive bulletin, it must submit its proposed
regulation or interpretive bulletin to the consensus committee for
review and comment. HUD may accept or reject any consensus committee
comments, but upon doing so, it must publish for public notice and
comment the proposed regulation or interpretive bulletin, along with
the consensus committee's comments and HUD's responses to the consensus
committee's comments. The consensus committee may also submit its own
proposed procedural regulations, enforcement regulations, and
interpretive bulletins to HUD. Upon receiving such a proposal from the
consensus committee, HUD must either approve the proposal and publish
it for public notice and comment, or reject the proposal and publish it
along with its reasons for the rejection and any recommended
modifications.
Section 604(b)(6) of the Act is entitled ``Changes'' and reads in
its entirety as follows:
Any statement of policies, practices, or procedures relating to
construction and safety standards, regulations, inspections,
monitoring, or other enforcement activities that constitutes a
statement of general or particular applicability to implement,
interpret, or prescribe law or policy by the Secretary is subject to
[section 604(a)] or this [section 604(b)]. Any change adopted in
violation of [section 604(a)] or this [section 604(b)] is void.
Some questions have arisen within the consensus committee over what
statements by HUD fall within the scope of section 604(b)(6). For
example, some have asserted that the consensus committee has broad
jurisdiction and authority over all aspects of HUD's manufactured
housing program, such that HUD's internal budgets, contract decisions,
and determinations whether to take enforcement action must be made or
approved in advance by the consensus committee. HUD is concerned that
such assertions may lead to confusion among members of the public,
which is routinely invited to attend consensus committee meetings, with
regard to the consensus committee's role. Accordingly, HUD is issuing
this interpretive rule to clarify the scope of section 604(b)(6)'s
coverage.
II. This Interpretive Rule
This rule interprets the scope of section 604(b)(6) to clarify the
types of statements by HUD to which the section applies. HUD notes that
in specifying which statements ``relating to construction and safety
standards, regulations, inspections, monitoring, or other enforcement
activities'' are subject to section 604(a) or (b), section 604(b)(6)
uses language that is nearly identical to that found in the
Administrative Procedure Act's (5 U.S.C. 551 et seq.) (the APA)
definition of a ``rule.'' The APA definition states, in pertinent part:
``Rule'' means the whole or a part of an agency statement of
general or particular applicability and future effect designed to
implement, interpret, or prescribe law or policy or describing the
organization, procedure, or practice requirements of an agency.'' (5
U.S.C. 551(4))
Over the 63 years since enactment of the APA, courts have developed
extensive case law interpreting the APA's definition of a rule. (See,
e.g., Jeffery S. Lubbers, A Guide to Federal Agency Rulemaking, 4th
ed., (2006), pp. 49-126.) HUD will not attempt to summarize this case
law in this interpretive rule, but views section 604(b)(6) as
demonstrating Congress's intent to incorporate the APA's definition of
a rule as developed by the courts, except to the extent that section
604(b)(6) deviates substantively from the APA definition. HUD notes
that the only substantive difference between the scope of section
604(b)(6) and the APA's definition of a rule is that section 604(b)(6)
excludes from coverage statements describing agency organization.
Although section 604(b)(6) does not repeat the APA definition's express
provision that the statement be one ``of future effect,'' HUD does not
interpret this difference as a substantive one, since virtually any
statement that ``implements, interprets, or prescribes law or policy''
is necessarily a statement of future effect. Finally, the scope of
section 604(b)(6) is limited by its own terms to statements relating to
manufactured housing ``construction and safety standards, regulations,
inspections, monitoring, or other enforcement activities'' that amount
to a ``change.'' Statements relating to other matters, including
interpretation of other matters covered by the Act, statements that
merely summarize or repeat the substance of prior statements or
practices, and statements that merely provide guidance, are beyond the
scope of section 604(b)(6).
Accordingly, HUD interprets the scope of section 604(b)(6) to
include only statements by HUD that:
[[Page 5890]]
(1) Relate to manufactured housing construction and safety
standards, regulations, inspections, monitoring, or other enforcement
activities;
(2) Meet the definition of a ``rule'' under the APA and applicable
case law, except that statements describing agency organization are not
included; and
(3) Constitute a change from prior HUD statements or practice on
the same subject matter.
III. Findings and Certifications
Environmental Impact
This final rule does not direct, provide for assistance or loan and
mortgage insurance for, or otherwise govern or regulate real property
acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction; or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this rule
is categorically excluded from environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321).
List of Subjects
24 CFR Part 3280
Fire prevention, Housing standards.
24 CFR Part 3282
Administrative practice and procedure, Consumer protection,
Intergovernmental relations, Investigations, Manufactured homes,
Reporting and recordkeeping requirements.
Dated: January 27, 2010.
David H. Stevens,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2010-2571 Filed 2-4-10; 8:45 am]
BILLING CODE 4210-67-P
