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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 3280, 3282, and 3285
Docket No. FR6149F02
RIN 2502AJ49

Manufactured Home Construction and Safety Standards Office of the Assistant Secretary for HousingFederal Housing Commissioner, HUD.
ACTION: Final rule.
AGENCY:

This final rule amends the Federal Manufactured Home Construction and Safety Standards the Construction and Safety Standards by adopting recommendations made to HUD by the Manufactured Housing Consensus Committee MHCC, as modified by HUD. The National Manufactured Housing Construction and Safety Standards Act of 1974 the Act requires HUD to publish in the proposed revised Construction and Safety Standards submitted by the MHCC. The MHCC prepared and submitted to HUD its third group of recommendations to improve various aspects of the Construction and Safety Standards. HUD reviewed those recommendations and adopted some of them after making editorial revisions and some additions. This final rule further revises the Construction and Safety Standards based on HUDs review and incorporation of certain public comments.
DATES: Effective Date: March 15, 2021.
The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of March 15, 2021. The incorporation by reference of certain other publications listed in the rule was approved by the Director of the Federal Register as of August 11, 1987.
FOR FURTHER INFORMATION CONTACT:
Teresa B. Payne, Administrator, Office of Manufactured Housing Programs, Office of Housing, U.S. Department of Housing and Urban Development, 451
7th Street SW, Washington DC 20410;
telephone 2024025365 this is not a toll-free number. Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at 800877
8389 this is a toll-free number.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

I. Background The National Manufactured Housing Construction and Safety Standards Act of 1974 42 U.S.C. 54015426 the Act authorizes HUD to establish and amend
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the Federal Manufactured Home Construction and Safety Standards the Construction and Safety Standards codified in 24 CFR part 3280. The Act was amended in 2000 by the Manufactured Housing Improvement Act of 2000 Pub. L. 106569, approved December 27, 2000 which established the Manufactured Housing Consensus Committee MHCC, a consensus committee responsible for providing HUD recommendations to adopt, revise and interpret the Construction and Safety Standards. HUDs Construction and Safety Standards apply to the design, construction, and installation of new homes. Changes to the collective standards are not retroactively enforced by HUD as applicable to previously designed, built, and installed homes.
As amended, the purposes of the Act enumerated at 42 U.S.C. 5401 are: 1
To protect the quality, durability, safety, and affordability of manufactured homes; 2 to facilitate the availability of affordable manufactured homes and to increase homeownership for all Americans; 3 to provide for the establishment of practical, uniform, and, to the extent possible, performancebased Federal construction standards for manufactured homes; 4 to encourage innovative and cost-effective construction techniques for manufactured homes; 5 to protect residents of manufactured homes with respect to personal injuries and the amount of insurance costs and property damages in manufactured housing consistent with the other purposes of this section; 6 to establish a balanced consensus process for the development, revision, and interpretation of Construction and Safety standards for manufactured homes and related regulations for the enforcement of such standards; 7 to ensure uniform and effective enforcement of Construction and Safety standards for manufactured homes; and 8 to ensure that the public interest in, and need for, affordable manufactured housing is duly considered in all determinations relating to the Federal standards and their enforcement.
In addition, the amended Act generally requires HUD to establish Construction and Safety Standards that are reasonable and practical, meet high standards of protection, are performance-based, and are objectively stated. Congress specifically established the MHCC to develop proposed revisions to the Construction and Safety Standards. The Act provides specific procedures 42 U.S.C. 5403 for the MHCC process.
The MHCC held its first meeting in August 2002 and began work on
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reviewing possible revisions to the Construction and Safety Standards. As the MHCC proceeded, proposed revisions to the Construction and Safety Standards were divided into sets. The first set of revisions proposed by the MHCC was published as a final rule in the Federal Register on November 30, 2005 70 FR 72024. The second set of revisions proposed by the MHCC was published as a final rule published in the Federal Register on December 9, 2013 78 FR 73965. This final rule is based in part on the third set of MHCC
proposals to revise the Construction and Safety Standards published as a proposed rule in the Federal Register on January 31, 2020 85 FR 5589. The proposed rule included a MHCC
proposal to revise the Construction and Safety Standards to reduce the regulatory burden by eliminating the need for manufacturers to obtain special approvals from HUD for certain construction features and options. HUD
reviewed the MHCCs proposals and made editorial revisions prior to publishing the January 31, 2020, proposed rule. HUD also added proposals that complement the MHCCs recommendations.
As explained in the January 31, 2020, proposed rule, HUD decided not to include certain MHCC
recommendations due to pending regulations for improving energy efficiency in manufactured homes being prepared by the U.S. Department of Energy DOE under the Energy Independence and Security Act Pub. L.
110140, approved December 19, 2007
EISA. DOE published a Notice of Proposed Rulemaking on June 17, 2016
81 FR 39756 and, more recently, a Notice of Data Availability, Request for Information on August 3, 2018 83 FR
38073 regarding energy conservation standards for manufactured housing.
Given this DOE rulemaking, HUD
decided to postpone action on MHCCproposed revisions to 3280.502 and 3280.506b, except for the mating wall of attached manufactured homes at 3280.506ban option that is needed to avoid a more burdensome alternative approval process 24 CFR 3282.14
Alternative construction of manufactured homes. HUD also decided not to move forward with a new proposal to add requirements for draftstopping to the Construction and Safety Standards. HUD will not include or move forward with these recommendations in this final rule.
II. Changes Made at the Final Rule Stage In consideration of the public comments and HUDs experience
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