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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations
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road test. One commenter suggested that HUD clearly define the minimum miles to travel, the type of roadways to travel, and what a failure is. Other commenters supported the requirement for road tests to be witnessed by experts who are in the best position to provide such servicesan independent registered professional engineer or architect, or by a recognized testing organization. One commenter recommended that the testing laboratory be accredited to ISO/
IEC 17025 or 17020. Two commenters stated that in paragraph b1, the manufacturers Production Inspection Primary Inspection Agency should be added to the list of independent third parties who can witness and certify the road test, and included regulatory text changes. These commenters stated that paragraphs A and B appear to be a carryover from Interpretive Bulletin J
176 and should be updated to the applicable 1 and 2 paragraph numbering format to clarify that the equation requires the sum of the Dead Load and Floor Load calculations.
HUD Response: HUD disagreed with the comment that the changed language alters the intended life of the chassis.
The terminology refers to the structural, plumbing, mechanical and electrical systems and requires that those systems remain operational/functional after transportation.
HUD reviewed the comments and proposed changes that would add several specific requirements within the road test requirements. These suggestions should be put forth for MHCC review and consideration, as it is not appropriate for HUD to integrate these changes at the final rule stage.
Upon review of public comment, HUD added that Primary Inspection Agencies may also witness and certify road tests. HUD also reviewed comments that include specific changes to the formula included in 3280.903b3 and edited the formula accordingly.
3280.904 Specific Requirements for Designing the Transportations System A commenter suggested that to insure should be replaced with ensuring to correct a minor grammatical error. Some commenters suggested that in paragraph b4i the word static should be added to gross dead weight, such that the text should read gross static dead weight, to maintain consistency with the static tongue weight variable.
For paragraph b4ii, one commenter suggested HUD add a requirement to check weights with the home in a level position ready for transport.

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For paragraph b9ii, several commenters stated HUD should maintain the current 40-foot stopping distance. One commenter stated HUD
should utilize Interpretive Bulletin J1
76. Requiring new brake tests would pose financial burdens. Another commenter stated it could not find a federal Department of Transportation DOT requirement that would reduce the braking distance to 35 feet from 40
feet. The proposal would eliminate acceptable brake tests qualified under the current standards, adding undue burden and cost, without justification, to homes with years of satisfactory braking experience which would need to be re-tested. Another commenter believed keeping the stopping distance at 40 feet is consistent with DOT
regulations.
For the same paragraph b9ii, a commenter stated the parenthetical should be deleted. The transportation of manufactured homes more appropriately falls under Category B3, All other property-carrying vehicles and combinations of property-carrying vehicles, of the DOT Vehicle Brake Performance Table.8 Given that the weight of a home can easily exceed 25,000 poundswith some 16-footwide, full-length models approaching 40,000 poundshome transportation is more closely related to the movement of heavy equipment, such as excavators and dump trucks. While the process of transporting a home is considered driveaway-towaway operations under DOT regulations, the DOT also recognizes that these homes require special consideration.9
Two commenters suggested in paragraph b6i, the word nationally should be deleted. There are several reputable programs and testing agencies that do not yet have national accreditation, but they have regional, state, or local approval. These programs or agencies should not be excluded, especially when state standards are often more stringent.
Another commenter recommended that, for paragraph b6i, that the nationally recognized testing agency be accredited to ISO/IEC 17025 or 17020.
Some commenters suggested in paragraph b8ii, the phrase or equivalent should follow tread wear indicator to ensure consistency with how the phrase is applied to other similar provisions throughout the Standards.
For paragraph b9iii, a commenter stated that HUDs proposed requirement is not practical because there is no way 8 See
49 CFR 393.52d.
e.g., 49 CFR 393.75h.

9 See,
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to check actual voltage unless the truck is hooked up to the brakes. The commenter asked if the intent is to perform this test on every home that ships and requested that HUD delete the requirement as it would drive up the cost of affordable housing and pose financial burden on the commenter.
Another commenter suggested replacing the first two sentences of paragraph b9iii with the following:
Brake wiring must be provided for each brake. The brake wire must not be less than the value specified in the brake manufacturers instructions.
Manufacturers should not be responsible for evaluating each transportation companys tractors and equipment or for assessing each companys quality assurance program.
They should only be responsible for ensuring that the provided brake wiring meets or exceeds the minimum required specifications as provided by the brake manufacturer.
HUD Response: HUD accepted the comment regarding changing insuring to to ensure within 3280.904b3.
HUD also accepted the comment to add static within 3280.904b4 and 3280.904b6. HUD also accepted the comment to check weights with the home in a level position see revised 3280.904b4ii.
HUD disagreed with the comment to revise the stopping distance from 35 to 40 feet. HUD revised the reference for the braking performance stopping distance, aligning HUDs standards with DOT at 49 CFR 393.52d and clarified the classification of manufactured home to best align with DOTs previously designated classification.
HUD disagreed with the comment to remove nationally from the qualifier on testing agencies that may accept recycled axle programs 3280.904b6i. This terminology has been in use for decades and its use is consistent with historical use. HUD
also disagreed with the comment that suggests adding a specific accreditation for testing agencies. HUD has found the work of nationally recognized testing agencies, having various qualifications, does not impede health and safety protection.
HUD also reviewed comments requesting the addition of equivalent tread wear indicators but has not received specific means of determining equivalence and has therefore decided not to include such language in the final rule. These suggestions should be put forth for MHCC review and consideration, as it is not appropriate for HUD to integrate these changes at the final rule stage.

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