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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations HUD should not move forward with this rule.
HUD Response: HUD disagreed with the commenter that manufactured home installers were not included in deliberations. The MHCC membership has included and continues to include representation from at least one individual with manufactured home installer interest. The MHCC process is administered in an open format in which any member of the public, including manufactured home installers, may participate and address the Committee, as well as propose changes for MHCC review. All such meetings are published in the Federal Register at least 30 days in advance of meetings.
Comment: Manufacturer Documentation.
One commenter stated that the proposed rules requirements for the manufacturer to provide documentation poses problems, because HUD does not require inspection agencies to check any of the documents the manufacturer provides in the home. The commenter stated this situation resulted from HUDs Interpretative Bulletin H177,3
which the commenter asserted complicates several proposed changes, namely those at 3280.212, 3280.213, 3280.612, and 3280.709. The commenter stated that if the proposed rule becomes final, HUD should rescind Interpretive Bulletin H177 to account for the installation program loophole and the failure to provide assurance that the proper documentation would be shipped with the home. Another commenter stated a concern with potential liability for installation work related to accessory buildings and other on-site installation, such as certain appliances the proposed rule states can be shipped loose to the homesite.
According to the commenter, to ensure that the end buyer or resident of the home has a home that has been safely manufactured, transported, and installed, it is vital that all installation documentation is shipped with and remains with the home.
HUD Response: HUD is aware that standards for some construction features that are addressed in this rulemaking affect the installation process and therefore impact the responsibilities of home installers. All construction features included in this final rule were previously available through the Alternative Construction process and in all instances where an Alternative 3 U.S. Department of Housing and Urban Development, PIA Responsibility for Documents Required to be Provided with the Mobile Home, HUD.gov, https www.hud.gov/sites/dfiles/
OCHCO/documents/EIB-H-1-77.pdf.

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Construction letter had been issued, HUD required specific documentation to be provided with each affected manufactured home, including installation instructions. The same or similar documentation would continue to be required pursuant to the requirement for manufacturers to provide installation instructions in accordance with 24 CFR 3280.306b and 24 CFR 3285.2. Further, the home manufacturer instructions must provide minimum installation specifications so that the home is not taken out of compliance with the Construction and Standards and meets the Model Manufactured Home Installation Standards. These instructions are reviewed and approved by HUDapproved Design Approval Primary Inspection Agencies DAPIA and manufacturers are required to provide the instructions with each manufactured home.
HUD also disagreed with the commenter that requiring the manufacturer to provide the instructions, without requiring an inspection to verify the instructions are shipped with the home, complicates matters or otherwise poses risks to consumer health and safety. The manufacturers installation instructions and documentation are required to be reviewed and approved by its DAPIA to help ensure conformance. Further, it is the manufacturers responsibility to ensure that each home is provided with installation instructions and associated documentation as approved by its DAPIA. DAPIA-approved quality assurance manuals typically require manufacturer verification for the shipment of the installation instructions. It is the IPIAs responsibility to ensure the effectiveness of the quality assurance manuals. HUD may review and reconsider this matter further should evidence showing appropriate installation instructions are not being shipped with manufactured homes. The commenters should submit proposed regulatory text through the MHCC
process at http
mhcc.homeinnovation.com/ so that the matter is reviewed by the MHCC.4
Comment: HUD should not use subregulatory guidance to establish Construction and Safety standards.
A commenter stated that HUD should repudiate the use of sub-regulatory guidance or field guidance memoranda and documents to establish 4 Manufactured Housing Consensus Committee, MHCC Proposed Change Form, http
mhcc.homeinnovation.com/.

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de-facto manufactured housing standards.
HUD Response: HUD is currently implementing Executive Order 13891, Promoting the Rule of Law Through Improved Agency Guidance Documents,5 and this comment is not applicable to any aspect addressed in this rulemaking.
Comment: HUD should not provide competitive advantage to any housing type.
Another commenter expressed concern regarding any policy that may give one housing type an unwarranted competitive advantage and risks the occupants health and safety. The commenter stated HUD should refrain from making any changes that would result in furthering the divide between the code requirements for manufactured homes and those that apply to homes that are stick-built or built using engineered building systems. The commenter urged HUD to maintain this balance and continue to facilitate consumer choice by ensuring that regulatory reform efforts do not favor manufactured homes over other residences, leading to consumer confusion and unfair marketplace competition.
HUD Response: HUDs authority to develop and implement standards is applicable only to homes meeting the statutory definition of a manufactured home. However, this rulemaking brings the Standards in closer alignment to standards imposed for other types of housing.
Comment: HUD has no authority to establish standards for structures attached to a manufactured home.
A commenter stated that HUD defined manufactured housing narrowly in 3280.2 to mean a structure built on a permanent chassis and designed to be used as a dwelling. The commenter stated that while HUD has authority to establish requirements applicable to components within the chassis, it does not have the authority to establish standards for items outside or apart from the chassis. Rather, authority to regulate these structures rests with state and local authorities and their building code requirements and inspection protocols. Add-on or accessory buildings or structures are not built on a permanent chassis. Section 3285.903
provides conditions where add-on or attached accessory buildings or structures may be installed, but again fails to designate inspection responsibilities. The definition for Attached accessory building or structure proposed for addition to 5 84

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FR 55235 Oct. 15, 2019.

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