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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Rules and Regulations Comments: Changes to the Manufactured Home Procedural and Enforcement Regulations 24 CFR Part 3282.
A commenter stated that high winds caused by tornadoes and hurricanes have caused significant damage to manufactured housing units, as compared to site-built houses, as evidenced by the Federal Emergency Management Agency FEMA in multiple post-disaster assessment reports. The commenter explained that structural add-ons to manufactured homes present a clear safety risk to life and property, and the broad authority given to manufactured housing manufacturers regarding attachments, including car ports, garages, awnings, decks and porches, at the newly proposed 24 CFR part 3282, as well as through the proposed subpart K, should be reconsidered and reevaluated. HUD
should reevaluate the proposed revisions in consultation with FEMA
and the U.S. Global Change Research Program.
Another commenter recommended that HUD keep in mind that, on January 14, 2020, several important amendments to Subpart M were advanced by the MHCCs Regulatory Enforcement Subcommittee. While the commenter did not suggest that HUD delay updates to Subpart M, HUD should be aware that substantial changes will likely be approved by the MHCC at its next meeting. The commenter also looked forward to the prompt implementation of the MHCCs recommended revisions to Subpart M, which the commenter believed will streamline the administrative process.
HUD Response: HUD reviewed these general comments. HUD is regulating design of the manufactured home, not the design and construction of site-built attachments. These aspects remain under the purview of the local authorities having jurisdiction.
Changes to the Model Manufactured Home Installation Standards 24 CFR
Part 3285

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General Comments A commenter stated the proposed rule would have a significant impact on the role of manufactured home installers, including potential liability for installation work related to accessory buildings and other on-site installation, such as certain appliances the proposal states can be shipped loose to the homesite. 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
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shipped with and remains with the home.
HUD Response: HUD reviewed the comment and addressed similar comments in this final rule. Concerns regarding verification of current installation documentation requirements should be put forth for MHCC review and consideration, as it is not appropriate for HUD to integrate changes on these requirements at the final rule stage.
3285.5

Definitions
One commenter suggested that the attached accessory building or structure definition in 3285.5 be updated to ensure it matches how the term is defined elsewhere in the Standards. Specifically, the word the should be inserted between which and attachment, to promote consistency in the Standards for the new term attached accessory building or structure.
HUD Response: HUD reviewed comments that included specific text changes and integrated those comments to the maximum extent deemed necessary to effect the appropriate changes.
Continued Updates to the Standards and MHCC Recommendations Not Addressed in the Proposed Rule General Comments Several commenters supported regular updates to the Standards and HUDs backing of manufactured housing. Commenters also recommended that HUD develop and implement a streamlined process for Standards updates going forward, so revisions are introduced on a more consistent timeline.
Many commenters supported recommendations and technical changes made by the national association representing the industry at the federal level, the Manufactured Housing Institute MHI, that further enhance the proposed rule. The commenters believed MHIs recommendations should be incorporated into HUDs final updates and represent critical progress in clearing out the backlog of items that have been approved by the MHCC.
These changes were recommended by the MHCC but have not yet been incorporated into the Standards, and the commenters encouraged HUD to quickly finalize the proposed rule with MHIs recommended changes.
A commenter believed updates are delayed because the Office of Manufactured Housing Programs is a low priority within HUDs organizational hierarchy. HUD has
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repeatedly said it is committed to both housing innovation and streamlining the administrative and regulatory processes that hurt manufactured housing, and this rulemaking galvanizes HUDs commitment to the manufactured housing industry. Because HUD is the standard-setting body for the nations manufactured home construction and safety standards, updates must follow a distinct administrative path and must be prioritized separately from unrelated policy matters. Such an approach was recommended by the Government Accountability Office in 2014 and in 2019 by HUDs own Office of Policy Development and Research.10
These commenters also urged HUD to move forward with the subsequent sets of Standards updates that have been passed by the MHCC but are still pending HUD action. Such sets of updates include several critical industry recommendations such as roll-in showers and tankless water heaters within the Standards. The commenters also urged HUD to move forward with subsequent proposals to update the Federal Construction and Safety Standards that have been considered and recommended by the Consensus Committeeyet have not been acted upon by the Department. One commenter stated it is unacceptable that HUD continues to neglect its obligations to ensure timely updates to the Standards. HUDs delays have realworld consequences for families moving into manufactured homes and for the environment and public health. It is critical that HUD address each of the revisions already recommended by the MHCC and act on future MHCC
recommendations within the timeframe allowed by Congress, not later than 12
months after the date on which a standard is submitted to the Secretary by the MHCC.
Comments: The Department of Energy and Energy Efficiency.
One commenter stated that one of the proposed rules notable failures is HUDs decision not to include in this proposed rule certain MHCC
recommendations due to pending regulations for improving energy efficiency in manufactured homes being prepared by the U.S. Department of Energy DOE. DOE in November 2019
agreed to a settlement to take final action on energy efficiency no later than February 2022. This offers HUD a reasonable opportunity to implement 10 U.S. Govt Accountability Office, GAO14410, Manufactured Housing: Efforts Needed to Enhance Program Effectiveness and Ensure Funding Stability July 2, 2014. See also HUDs Report to Congress on the On-Site Completion of Construction for Manufactured Homes June 18, 2019.

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