Quiero saber acerca de...

2498

Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations
requirement to check weights with the home in a level position ready for transport in paragraph b4ii, an explicit reference to the Department of Transportations regulations at 49 CFR
393.52d in paragraph b9ii regarding stopping distance, and textual changes to paragraph b9iii regarding electrical brake wiring.
3280.1002

Definitions
In this section, HUD edited the definition of Fire separation wall to emphasize the separation between attached manufactured homes.
3280.1003 Attached Manufactured Home Unit Separation HUD clarified this section based on public comment, particularly in paragraph a1 related to fire resistance. These edits will help HUD
address minimum fire separation requirements for common walls of attached manufactured housing solutions in the Standards.

khammond on DSKJM1Z7X2PROD with RULES2

III. The Public Comments The public comment period for the January 31, 2020, proposed rule closed on March 31, 2020. HUD received fortyone 41 public comments in response to the proposed rule, from various manufactured home associations, nonprofit organizations, and other interested parties. This section presents the significant issues, questions, and suggestions submitted by public commenters, and HUDs responses to these issues, questions, and suggestions.
Most commenters supported updates to the Construction and Safety Standards, and encouraged HUD to continue working on updates to, and provided specific recommendations for, certain sections of the Construction and Standards. For example, several commenters supported adding twofamily or twoand three-family dwelling units to the new Subpart K, Attached Manufactured Homes and Special Construction. Some commenters also suggested deleting or removing certain changes proposed by HUD. For example, some commenters opposed or requested clarification of HUDs proposed changes to stair rise and run requirements, and suggested changes to create consistency among the Standards landing requirements and clarify whether certain requirements apply to stairs inside, or inside and outside, the home.
The following sections summarize the comments received on the proposed rule and HUDs responses:

VerDate Sep<11>2014

17:18 Jan 11, 2021

Jkt 253001

General Support The majority of commenters expressed general support for the proposed changes as part of HUDs effort to update the Construction and Safety Standards. These commenters stated that the proposed changes would benefit homeowners and the broader community, promote or improve consumer and home safety, allow use of the latest building technologies and materials, create more consistency with State-adopted residential building codes for site-built housing, expand consumer amenity options including attached garages, carports, decks and accessory buildings, help to include two-story and multifamily guidelines, and eliminate regulations that impede broad access to affordable housing. Several commenters also urged HUD to move forward with publishing the next set of proposed updates to address outstanding items.
HUD Response: HUD agreed with the commenters that the proposed changes would provide benefits to consumers, homeowners, and the broader community, and help promote the other purposes and policies of the National Manufactured Housing Construction and Safety Standards Act of 1974.
Comment: Testing requirements should be included but be accredited to ISO/IEC 17025 or 17020 by accredited testing laboratories that are signatories to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement ILAC MRA.
One commenter stated that several parts of the proposed rule reference testing, such as American Society for Testing and Materials, Standard Test Methods for Fire Tests of Building Construction and Materials ASTM E
119, and recommended that these laboratory tests be conducted by ISO/
IEC 17025 accredited testing laboratories so as to be assured that the testing results are generated by an entity that has been found to be technically competent by an independent, accreditation body. Two commenters supported testing requirements, but recommended that these laboratory tests be accredited to ISO/IEC 17025 or 17020
by accredited testing laboratories that are signatories to the International Laboratory Accreditation Cooperation Mutual Recognition Arrangement ILAC
MRA, to assure that the testing results are generated by an entity that has been found to be technically competent by an independent accreditation body. One commenter added that this would allow HUD to focus resources on program oversight and/or research for technical advancements. The commenter
PO 00000

Frm 00004

Fmt 4701

Sfmt 4700

provided a link to an example of effective models whereby government agencies rely on ISO/IEC 17020
accreditation programs https
www1.nyc.gov/site/buildings/industry/
recognized-accrediting-bodies.page.1
HUD Response: HUD disagreed with the commenters. HUDs regulations at 24 CFR 3280.2 require products to be listed, certified, or labeled by a nationally recognized testing laboratory, inspection agency, or other organization concerned with product evaluation that maintains periodic inspection of production of labeled equipment or materials, and by whose labeling indicates compliance with nationally recognized standards or tests to determine suitable usage in a specified manner. HUD also believed that this recommendation should be submitted for MHCC review and consideration, that it is not appropriate for HUD to integrate these changes at this final rule stage, and the commenter should make the proposal through the MHCC process through the following website: http
mhcc.homeinnovation.com/.2
Comment: HUD should adopt universal design standards.
A commenter who identified as a person with a disability recommended that HUD adopt universal design standards in manufactured home construction and encourage communities and housing agencies to do likewise.
HUD Response: HUD appreciated the commenters perspective that HUD
adopt universal design standards. While HUD is fully supportive of the need for affordable and accessible housing, it noted that universal design can be accomplished within the minimum Construction and Safety standards requirements already codified. Further, many home manufacturers currently offer homes designed and constructed to meet universal design standards without conflicting with HUDs current minimum standards.
General Opposition Some commenters stated that the several of the provisions proposed would increase manufactured home installers liability and responsibility if the proposed rule is advanced without significant change. The commenters stated home installers were not included in deliberations, and, as such, 1 NYC Buildings, Recognized Accrediting Bodies, NYC.gov, https www1.nyc.gov/site/buildings/
industry/recognized-accrediting-bodies.page last visited April 20, 2020.
2 Manufactured Housing Consensus Committee, MHCC Proposed Change Form, http
mhcc.homeinnovation.com/.

E:FRFM12JAR2.SGM

12JAR2