Federal Register - January 12, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations A fuller discussion of the costs and benefits of this rule is available in the rules Regulatory Impact Analysis, which is part of this docket.
Finally, any changes made to the rule subsequent to its submission to OMB
are identified in the docket file, which is available for public inspection in the Regulations Division, Room 10276, Office of General Counsel, U.S.
Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 204100500.
Information collection
Number of respondents
Manufacturers Records:
3282.14 Alternative Construction Submissions IPIA Records:
3282.14 Alternative Construction Submission Concurrence Records and Reporting
DAPIA Records:
3282.203/361/364
Design Review Records and Reporting
Total
Burden hours per response
Annual burden hours
Hourly cost per response
Annual cost
0.75
101
2.5
253
$33.57
$8,493.21
12
14
168
2.0
336
33.57
11,279.52
6
28
168
1.0
168
33.57
5,639.76
153
569
757
25,412.49
Environmental Review
khammond on DSKJM1Z7X2PROD with RULES2
Responses per annum
Reduction Act, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection displays a valid control number.
The burden of information collection addressed in this final rule is estimated as follows for those aspects that would continue to require AC requests and does not include burdens for past AC
requests related to carport-ready homes, garage-ready homes, homes that exceed 2,571 square feet whole house ventilation, and two-story homes:
135
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.
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 1022C of the National Environmental Policy Act of 1969 42 U.S.C. 43322C. The Finding of No Significant Impact 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 204100500. The Finding of No Significant Impact will also be available for review in the docket for this rule on Regulations.gov.
17:18 Jan 11, 2021
The information collection requirements contained in this proposed rule have been approved by the OMB
under the Paperwork Reduction Act of 1995 44 U.S.C. 35013520 and assigned OMB control number 2502
0253. HUD expects to make changes to the existing recordkeeping items consistent with changes in this final rule and believes that the changes will result in a decrease of burden. In accordance with the Paperwork
Frequency of response
Unfunded Mandates Reform Act
VerDate Sep<11>2014
Paperwork Reduction Act
2515
Jkt 253001
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. It is HUDs position that this proposed rule would not have a significant economic impact on a substantial number of small entities. This proposed rule would regulate establishments primarily engaged in making manufactured homes NAICS 32991. The U.S. Small Business Administrations size standards define an establishment primarily engaged in making manufactured homes as small if it does not exceed 1,250 employees. Of the 222
firms included under this NAICS
definition, approximately 35 produce manufactured homes subject to HUDs Manufactured Housing Construction and Safety Standards. Other entities covered by this NAICS code build nonHUD Code prefabricated buildings. Of the 35 manufacturers subject to HUDs Manufactured Housing Construction and Safety Standards, 31 are considered
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to be small businesses based on the 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.
Small entities have the ability and capability to offer the same type of housing products with the same or similar options, features, and appliances as larger manufacturers. However, smaller manufacturers have more difficulty spreading regulatory costs over the higher production of homes like that of a large, higher producing manufacturer. Small manufacturers would need to bear the costs, reducing profit margins accordingly or passingthrough the costs over lower production amounts. This may disproportionally increase the cost of housing products for small manufacturers considering the same or similar options, features, and appliances. This rule, however, would provide small manufacturers greater flexibility to pursue design options and, more importantly, obtain cost savings resulting from the elimination of the need to obtain HUD approval through the AC process see 3282.14. More specifically, small manufacturers are more likely to engage engineering consultants and other non-staff
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