Manufactured Home Construction and Safety Standards; Delay of Effective Date, 13645-13647 [2021-05010]

Download as PDF Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations The Rule This amendment to 14 CFR part 71 establishes Class E airspace extending upward from 700 feet above the surface within a 6-mile radius at Calais Regional Heliport, Calais, ME, providing the controlled airspace required to support the new RNAV (GPS) standard instrument approach procedures for IFR operations at heliport. Subsequent to publication of the NPRM, the FAA found the geographic coordinates in the airport’s description were incorrect. This action makes the correction. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures an air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 5–6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: 16:13 Mar 09, 2021 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11E, Airspace Designations and Reporting Points, dated July 20, 2020, effective September 15, 2020, is amended as follows: ■ Jkt 253001 Exchange Commission, 100 F Street NE, Washington, DC 20549. SUPPLEMENTARY INFORMATION: In FR Doc. 2020–25747, starting on page 86464 in the Federal Register of December 30, 2020, the following corrections are made: 1. On page 86464, in column 3, the file number is corrected to read ‘‘S7–19– 15’’. 2. On page 86464, in column 3, the RIN number is corrected to read ‘‘3235– AL98’’. Dated: March 5, 2021. J. Matthew DeLesDernier, Assistant Secretary. [FR Doc. 2021–04960 Filed 3–9–21; 8:45 am] Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. BILLING CODE P * DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT * * * * ANE ME E5 Calais, ME [New] Calais Regional Heliport, ME (Lat. 45°10′38″N, long. 67°16′05″W) That airspace extending upward from 700 feet above the surface of the earth within a 6-mile radius of Calais Regional Heliport. Issued in College Park, Georgia, on March 2, 2021. Andreese C. Davis, Manager, Airspace & Procedures Team South, Eastern Service Center, Air Traffic Organization. [FR Doc. 2021–04823 Filed 3–9–21; 8:45 am] BILLING CODE 4910–13–P 24 CFR Parts 3280, 3282 and 3285 [Docket No. FR–6149–F–04] RIN 2502–AJ49 Manufactured Home Construction and Safety Standards; Delay of Effective Date Office of the Assistant Secretary for Housing—Federal Housing Commissioner, HUD. ACTION: Final rule; delay of effective date. AGENCY: The Department of Housing and Urban Development is delaying the effective date of its final rule published on January 12, 2021, that amends the Federal Manufactured Home Construction and Safety Standards (the Construction and Safety Standards) that were based upon the third group of recommendations made to HUD by the Manufactured Housing Consensus Committee (MHCC), as modified by HUD. The March 15, 2021, effective date does not provide adequate time for affected manufacturers and stakeholders to implement the new requirements. By extending the effective date from March 15, 2021, to July 12, 2021, manufacturers and other stakeholders will have sufficient time to implement the new or amended requirements. DATES: As of March 10, 2021 the effective date of the final rule amending 24 CFR parts 3280, 3282, and 3285, published January 12, 2021 at 86 FR 2496, is delayed until July 12, 2021. As of March 10, 2021 the March 15, 2021 incorporation by reference approval published in the January 12, 2021 rule at 86 FR 2496 is delayed to July 12, 2021. SUMMARY: SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 201 [Release No. 34–90442; File No. S7–19–15] Environmental Review VerDate Sep<11>2014 PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 13645 RIN 3235–AL98 Amendments to the Commission’s Rules of Practice; Correction Securities and Exchange Commission. ACTION: Final rule; correction. AGENCY: The Securities and Exchange Commission (‘‘Commission’’) is correcting a final rule that appeared in the Federal Register on December 30, 2020. The final rule adopted amendments to its Rules of Practice to require persons involved in Commission administrative proceedings to file and serve documents electronically. DATES: The corrections are effective March 10, 2021. FOR FURTHER INFORMATION CONTACT: Naomi P. Lewis, Office of the Secretary (202) 551–5400, Securities and SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1 13646 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: Teresa B. Payne, Administrator, Office of Manufactured Housing Programs, Department of Housing and Urban Development, 451 7th Street SW, Room 9166, Washington, DC 20410–8000; telephone number 202–402–2698 (this is not a toll-free number). For hearing and speech-impaired persons, this number may be accessed via TTY by calling the toll-free Federal Relay Service at 1–800–877–8339 (this is a toll-free number). SUPPLEMENTARY INFORMATION: I. Background The National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401–5426) (the Act), authorizes HUD to establish and amend the Federal Manufactured Home Construction and Safety Standards (the Construction and Safety Standards) codified at 24 CFR part 3280. The Manufactured Housing Improvement Act of 2000 (Pub. L. 106–569, approved December 27, 2000), established the Manufactured Housing Consensus Committee (MHCC) to provide HUD recommendations to adopt, revise, and interpret the Construction and Safety Standards. HUD’s Construction and Safety Standards apply to the design, construction, and installation of new manufactured homes. Following MHCC’s third set of recommendations made to HUD, and HUD’s review of, editorial revisions to, and addition of proposals to the MHCC’s recommendations, HUD published a proposed rule on January 31, 2020 (85 FR 5589). Most commenters on the proposed rule expressed general support for the proposed revisions as part of HUD’s effort to update the Construction and Safety Standards, and several commenters provided technical and substantive recommendations. Following HUD’s consideration of public comments on the proposed rule, and consideration of HUD’s experience with the program, HUD published a final rule on January 12, 2021 (86 FR 2496). The final rule revises certain sections of the Construction and Safety Standards, incorporates six reference standards, and makes minor technical edits to the Construction and Safety Standards. The amendments to the codified regulations reinforce the Act’s purposes, namely to provide benefits to consumers, homeowners, and the broader community; promote and improve consumer and home safety, such as by improving smoke and carbon monoxide alarm requirements; reduce regulatory barriers and expand VerDate Sep<11>2014 16:13 Mar 09, 2021 Jkt 253001 consumer options; and allow the use of the latest building technologies and materials while creating more consistency with State-adopted residential building codes. II. This Final Rule HUD’s January 12, 2021, final rule has a March 15, 2021, effective date. This final rule delays the March 15, 2021, effective date by 120 days to July 12, 2021, to provide sufficient time for affected stakeholders and manufacturers to implement the new and amended requirements. HUD recognizes that, as the result of the COVID–19 pandemic, many manufacturers are experiencing backlogs and supply chain challenges that make it difficult for manufacturers to obtain products that the new regulations require in a timely manner.1 Industry stakeholders stated that these shortages have made it difficult for manufactures to obtain carbon monoxide alarms, combination carbon monoxide and smoke alarms, doors, railings, and other products required to meet the January 12, 2021 regulation. Industry stakeholders have also expressed to HUD a desire for additional time to implement and modify processes to ensure compliance with the new regulation. For example, stakeholders have pointed out that the changes will require consultation with Design Approval Primary Inspection Agencies (DAPIAs) and drafting teams which take additional time. In response to these concerns, HUD is publishing this final rule to delay the March 15, 2021 effective date to July 12, 2021, to provide additional time for affected stakeholders and manufacturers to implement the new and amended requirements. III. Justification for Final Rulemaking for the Delay of Effective Date Section 553(b)(B) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(B)) permits agencies to omit prior notice and comment procedure when an agency for ‘‘good cause’’ finds such procedure to be ‘‘impracticable, unnecessary, or contrary to the public interest.’’ HUD’s regulation on rulemaking at 24 CFR 10.1 implements the APA’s requirements for HUD, including the ‘‘good cause’’ exception. HUD finds that prior public notice and comment for this final rule is contrary to the public interest. This final 1 Manufactured Housing Landscape 2020, Fannie Mae (May 21, 2020) https:// multifamily.fanniemae.com/news-insights/ multifamily-market-commentary/manufacturedhousing-landscape-2020. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 rule extends the effective date for the Manufactured Home Construction and Safety Standards final rule for 120 days, from March 15, 2021, to July 12, 2021. It does not signal any revision of the requirements included in the January 12, 2021, final rule. All revisions to the Manufactured Home Construction and Safety Standards codified by the January 12, 2021, final rule will still be implemented without change. Without this extension, manufacturers would be hard pressed to implement and meet new requirements that were scheduled to take effect on March 15, 2021. The inability to meet the March 15, 2021, effective date is largely a result of the COVID–19 pandemic and its disruption of economic activity in the United States, including backlogs and supply chain disruptions within the manufactured housing industry, making compliance by March 15, 2021 unlikely if not impossible. Manufacturers and stakeholders expressed this concern to HUD and asked for additional time to implement and modify processes to ensure compliance with new regulations. Delaying the effective date of the final rule will allow manufacturers and program stakeholders the additional time needed to obtain the products and implement the procedures required to comply with new or amended requirements. For these reasons, HUD finds that there is good cause to issue this final rule without additional public comment. IV. Findings and Certifications Regulatory Review—Executive Orders 12866 and 13563 Under Executive Order 12866 (Regulatory Planning and Review), a determination must be made whether a regulatory action is significant and, therefore, subject to review by the Office of Management and Budget (OMB) in accordance with the requirements of the order. Executive Order 13563 (Improving Regulations and Regulatory Review) directs executive agencies to analyze regulations that are ‘‘outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.’’ Executive Order 13563 also directs that, where relevant, feasible, and consistent with regulatory objectives, and to the extent permitted by law, agencies are to identify and consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public. This rule has been determined not to be a ‘‘significant regulatory action’’ as defined in section 3(f) of the Executive order and therefore E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Rules and Regulations was not reviewed by OMB. The Office of Information and Regulatory Affairs (OIRA) has designated this rule not as a major rule under the Congressional Review Act (5 U.S.C. 801 et seq.). Paperwork Reduction Act In accordance with the requirements of the Paperwork Reduction Act (PRA), an agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The information collection requirements contained in this final rule have been approved by the OMB under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520) and assigned OMB control number 2502–0253. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531– 1538) establishes requirements for Federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments, and the private sector. This rule will not impose any Federal mandates on any state, local, or tribal government or the private sector within the meaning of the Unfunded Mandates Reform Act of 1995. Environmental Review A Finding of No Significant Impact with respect to the environment was made prior to publication of the proposed rule, in accordance with HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of No Significant Impact remains applicable, and is available for public inspection between the hours of 8 a.m. and 5 p.m. weekdays in the Regulations Division, Office of General Counsel, Room 10276, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410–0500. The Finding of No Significant Impact will also be available for review in the docket for this rule on Regulations.gov. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. HUD has determined that this final rule imposes no additional requirements, and does VerDate Sep<11>2014 16:13 Mar 09, 2021 Jkt 253001 not have a significant economic impact, on a substantial number of small entities. Of the 222 firms primarily engaged in manufacturing manufactured homes, under the NAICS definition (NAICS 32991), approximately 35 produce manufactured homes subject to HUD’s Manufactured Home Construction and Safety Standards. Of these firms, 31 are considered to be small businesses based on the U.S. Small Business Administration’s threshold of 1,250 employees or less. The final rule applies to all the manufacturers and thus would affect a substantial number of small entities. However, this final rule provides all manufacturers, including small manufacturers, more time to implement revisions to the Construction and Safety Standards contained in HUD’s January 12, 2021 final rule, but does not itself update or amend the Standards. As a result, this rule does not place any additional costs on any manufactured home manufacturers subject to the January 12, 2021, final rule. Accordingly, the undersigned certifies that this rule would not have a significant economic impact on a substantial number of small entities. 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 or preempt state law within the meaning of the Executive order. Authority: 15 U.S.C. 2697, 28 U.S.C. 2461 note, 42 U.S.C. 3535(d), 5403, 5404, 5424. Susan A. Betts, Deputy Assistant Secretary for Finance and Budget, Office of Housing—Federal Housing Administration. [FR Doc. 2021–05010 Filed 3–9–21; 8:45 am] BILLING CODE 4210–67–P PO 00000 13647 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9936] RIN 1545–BO59 Guidance on Passive Foreign Investment Companies; Correction Internal Revenue Service (IRS), Treasury. ACTION: Correcting amendments. AGENCY: This document contains corrections to the final regulations Treasury Decision 9936, that were published in the Federal Register on Friday, January 15, 2021. The final regulations regarding the determination of whether a foreign corporation is treated as a passive foreign investment company (‘‘PFIC’’) for purposes of the Internal Revenue Code (‘‘Code’’), and the application and scope of certain rules that determine whether a United States person that indirectly holds stock in a PFIC is treated as a shareholder of the PFIC. DATES: These corrections are effective on March 10, 2021 and applicable on or after January 15, 2021. FOR FURTHER INFORMATION CONTACT: Concerning the regulations §§ 1.1291–0 and 1.1291–1, 1.1297–0 through 1.1297– 2, 1.1298–0, 1.1298–2, and 1.1298–4, Christina G. Daniels at (202) 317–6934; concerning the regulations §§ 1.1297–4 and 1.1297–6, Josephine Firehock at (202) 317–4932 (not toll-free numbers). SUPPLEMENTARY INFORMATION: SUMMARY: Background The final regulations (TD 9936) that are the subject of this correction are issued under sections 1297 and 1298 of the Internal Revenue Code. Need for Correction As published on January 15, 2021 (86 FR 4516), the final regulations (TD 9936) contain errors that need to be corrected. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 1 is corrected by making the following correcting amendments: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: ■ Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1

Agencies

[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Rules and Regulations]
[Pages 13645-13647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05010]


=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 3280, 3282 and 3285

[Docket No. FR-6149-F-04]
RIN 2502-AJ49


Manufactured Home Construction and Safety Standards; Delay of 
Effective Date

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

ACTION: Final rule; delay of effective date.

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

SUMMARY: The Department of Housing and Urban Development is delaying 
the effective date of its final rule published on January 12, 2021, 
that amends the Federal Manufactured Home Construction and Safety 
Standards (the Construction and Safety Standards) that were based upon 
the third group of recommendations made to HUD by the Manufactured 
Housing Consensus Committee (MHCC), as modified by HUD. The March 15, 
2021, effective date does not provide adequate time for affected 
manufacturers and stakeholders to implement the new requirements. By 
extending the effective date from March 15, 2021, to July 12, 2021, 
manufacturers and other stakeholders will have sufficient time to 
implement the new or amended requirements.

DATES: As of March 10, 2021 the effective date of the final rule 
amending 24 CFR parts 3280, 3282, and 3285, published January 12, 2021 
at 86 FR 2496, is delayed until July 12, 2021. As of March 10, 2021 the 
March 15, 2021 incorporation by reference approval published in the 
January 12, 2021 rule at 86 FR 2496 is delayed to July 12, 2021.

[[Page 13646]]


FOR FURTHER INFORMATION CONTACT: Teresa B. Payne, Administrator, Office 
of Manufactured Housing Programs, Department of Housing and Urban 
Development, 451 7th Street SW, Room 9166, Washington, DC 20410-8000; 
telephone number 202-402-2698 (this is not a toll-free number). For 
hearing and speech-impaired persons, this number may be accessed via 
TTY by calling the toll-free Federal Relay Service at 1-800-877-8339 
(this is a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    The National Manufactured Housing Construction and Safety Standards 
Act of 1974 (42 U.S.C. 5401-5426) (the Act), authorizes HUD to 
establish and amend the Federal Manufactured Home Construction and 
Safety Standards (the Construction and Safety Standards) codified at 24 
CFR part 3280. The Manufactured Housing Improvement Act of 2000 (Pub. 
L. 106-569, approved December 27, 2000), established the Manufactured 
Housing Consensus Committee (MHCC) to provide HUD recommendations to 
adopt, revise, and interpret the Construction and Safety Standards. 
HUD's Construction and Safety Standards apply to the design, 
construction, and installation of new manufactured homes.
    Following MHCC's third set of recommendations made to HUD, and 
HUD's review of, editorial revisions to, and addition of proposals to 
the MHCC's recommendations, HUD published a proposed rule on January 
31, 2020 (85 FR 5589). Most commenters on the proposed rule expressed 
general support for the proposed revisions as part of HUD's effort to 
update the Construction and Safety Standards, and several commenters 
provided technical and substantive recommendations. Following HUD's 
consideration of public comments on the proposed rule, and 
consideration of HUD's experience with the program, HUD published a 
final rule on January 12, 2021 (86 FR 2496). The final rule revises 
certain sections of the Construction and Safety Standards, incorporates 
six reference standards, and makes minor technical edits to the 
Construction and Safety Standards. The amendments to the codified 
regulations reinforce the Act's purposes, namely to provide benefits to 
consumers, homeowners, and the broader community; promote and improve 
consumer and home safety, such as by improving smoke and carbon 
monoxide alarm requirements; reduce regulatory barriers and expand 
consumer options; and allow the use of the latest building technologies 
and materials while creating more consistency with State-adopted 
residential building codes.

II. This Final Rule

    HUD's January 12, 2021, final rule has a March 15, 2021, effective 
date. This final rule delays the March 15, 2021, effective date by 120 
days to July 12, 2021, to provide sufficient time for affected 
stakeholders and manufacturers to implement the new and amended 
requirements.
    HUD recognizes that, as the result of the COVID-19 pandemic, many 
manufacturers are experiencing backlogs and supply chain challenges 
that make it difficult for manufacturers to obtain products that the 
new regulations require in a timely manner.\1\ Industry stakeholders 
stated that these shortages have made it difficult for manufactures to 
obtain carbon monoxide alarms, combination carbon monoxide and smoke 
alarms, doors, railings, and other products required to meet the 
January 12, 2021 regulation. Industry stakeholders have also expressed 
to HUD a desire for additional time to implement and modify processes 
to ensure compliance with the new regulation. For example, stakeholders 
have pointed out that the changes will require consultation with Design 
Approval Primary Inspection Agencies (DAPIAs) and drafting teams which 
take additional time.
---------------------------------------------------------------------------

    \1\ Manufactured Housing Landscape 2020, Fannie Mae (May 21, 
2020) https://multifamily.fanniemae.com/news-insights/multifamily-market-commentary/manufactured-housing-landscape-2020.
---------------------------------------------------------------------------

    In response to these concerns, HUD is publishing this final rule to 
delay the March 15, 2021 effective date to July 12, 2021, to provide 
additional time for affected stakeholders and manufacturers to 
implement the new and amended requirements.

III. Justification for Final Rulemaking for the Delay of Effective Date

    Section 553(b)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 553(b)(B)) permits agencies to omit prior notice and comment 
procedure when an agency for ``good cause'' finds such procedure to be 
``impracticable, unnecessary, or contrary to the public interest.'' 
HUD's regulation on rulemaking at 24 CFR 10.1 implements the APA's 
requirements for HUD, including the ``good cause'' exception.
    HUD finds that prior public notice and comment for this final rule 
is contrary to the public interest. This final rule extends the 
effective date for the Manufactured Home Construction and Safety 
Standards final rule for 120 days, from March 15, 2021, to July 12, 
2021. It does not signal any revision of the requirements included in 
the January 12, 2021, final rule. All revisions to the Manufactured 
Home Construction and Safety Standards codified by the January 12, 
2021, final rule will still be implemented without change.
    Without this extension, manufacturers would be hard pressed to 
implement and meet new requirements that were scheduled to take effect 
on March 15, 2021. The inability to meet the March 15, 2021, effective 
date is largely a result of the COVID-19 pandemic and its disruption of 
economic activity in the United States, including backlogs and supply 
chain disruptions within the manufactured housing industry, making 
compliance by March 15, 2021 unlikely if not impossible. Manufacturers 
and stakeholders expressed this concern to HUD and asked for additional 
time to implement and modify processes to ensure compliance with new 
regulations. Delaying the effective date of the final rule will allow 
manufacturers and program stakeholders the additional time needed to 
obtain the products and implement the procedures required to comply 
with new or amended requirements. For these reasons, HUD finds that 
there is good cause to issue this final rule without additional public 
comment.

IV. Findings and Certifications

Regulatory Review--Executive Orders 12866 and 13563

    Under Executive Order 12866 (Regulatory Planning and Review), a 
determination must be made whether a regulatory action is significant 
and, therefore, subject to review by the Office of Management and 
Budget (OMB) in accordance with the requirements of the order. 
Executive Order 13563 (Improving Regulations and Regulatory Review) 
directs executive agencies to analyze regulations that are ``outmoded, 
ineffective, insufficient, or excessively burdensome, and to modify, 
streamline, expand, or repeal them in accordance with what has been 
learned.'' Executive Order 13563 also directs that, where relevant, 
feasible, and consistent with regulatory objectives, and to the extent 
permitted by law, agencies are to identify and consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public. This rule has been determined not to be a 
``significant regulatory action'' as defined in section 3(f) of the 
Executive order and therefore

[[Page 13647]]

was not reviewed by OMB. The Office of Information and Regulatory 
Affairs (OIRA) has designated this rule not as a major rule under the 
Congressional Review Act (5 U.S.C. 801 et seq.).

Paperwork Reduction Act

    In accordance with the requirements of the Paperwork Reduction Act 
(PRA), an agency may not conduct or sponsor, and a respondent is not 
required to respond to, an information collection unless it displays a 
currently valid Office of Management and Budget (OMB) control number. 
The information collection requirements contained in this final rule 
have been approved by the OMB under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3520) and assigned OMB control number 2502-0253.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on state, local, and tribal 
governments, and the private sector. This rule will not impose any 
Federal mandates on any state, local, or tribal government or the 
private sector within the meaning of the Unfunded Mandates Reform Act 
of 1995.

Environmental Review

    A Finding of No Significant Impact with respect to the environment 
was made prior to publication of the proposed rule, in accordance with 
HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 
The Finding of No Significant Impact remains applicable, and is 
available for public inspection between the hours of 8 a.m. and 5 p.m. 
weekdays in the Regulations Division, Office of General Counsel, Room 
10276, Department of Housing and Urban Development, 451 Seventh Street 
SW, Washington, DC 20410-0500. The Finding of No Significant Impact 
will also be available for review in the docket for this rule on 
Regulations.gov.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
generally requires an agency to conduct a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
HUD has determined that this final rule imposes no additional 
requirements, and does not have a significant economic impact, on a 
substantial number of small entities. Of the 222 firms primarily 
engaged in manufacturing manufactured homes, under the NAICS definition 
(NAICS 32991), approximately 35 produce manufactured homes subject to 
HUD's Manufactured Home Construction and Safety Standards. Of these 
firms, 31 are considered to be small businesses based on the U.S. Small 
Business Administration's threshold of 1,250 employees or less. The 
final rule applies to all the manufacturers and thus would affect a 
substantial number of small entities. However, this final rule provides 
all manufacturers, including small manufacturers, more time to 
implement revisions to the Construction and Safety Standards contained 
in HUD's January 12, 2021 final rule, but does not itself update or 
amend the Standards. As a result, this rule does not place any 
additional costs on any manufactured home manufacturers subject to the 
January 12, 2021, final rule. Accordingly, the undersigned certifies 
that this rule would not have a significant economic impact on a 
substantial number of small entities.

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 or preempt state 
law within the meaning of the Executive order.

    Authority: 15 U.S.C. 2697, 28 U.S.C. 2461 note, 42 U.S.C. 
3535(d), 5403, 5404, 5424.

Susan A. Betts,
Deputy Assistant Secretary for Finance and Budget, Office of Housing--
Federal Housing Administration.
[FR Doc. 2021-05010 Filed 3-9-21; 8:45 am]
BILLING CODE 4210-67-P
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