83 FR 3635 - Regulatory Review of Manufactured Housing Rules

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 83, Issue 18 (January 26, 2018)

Page Range		3635-3636
FR Document		2018-01276

Consistent with Executive Order 13771 entitled ``Reducing Regulation and Controlling Regulatory Costs,'' and Executive Order 13777 entitled, ``Enforcing the Regulatory Reform Agenda,'' and as part of the efforts of HUD's Regulatory Reform Task Force, this document informs the public that HUD is reviewing its existing and planned manufactured housing regulatory actions to assess their actual and potential compliance costs and reduce regulatory burden. HUD invites public comment to assist in identifying regulations that may be outmoded, ineffective or excessively burdensome and should be modified, streamlined, replaced or repealed.

Federal Register, Volume 83 Issue 18 (Friday, January 26, 2018)

[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)]
[Proposed Rules]
[Pages 3635-3636]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2018-01276]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 3280, 3282, and 3285

[Docket No. FR-6075-N-01]

Regulatory Review of Manufactured Housing Rules

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, Department of Housing and Urban Development, HUD.

ACTION: Request for comments on regulatory review.

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SUMMARY: Consistent with Executive Order 13771 entitled ``Reducing
Regulation and Controlling Regulatory Costs,'' and Executive Order
13777 entitled, ``Enforcing the Regulatory Reform Agenda,'' and as part
of the efforts of HUD's Regulatory Reform Task Force, this document
informs the public that HUD is reviewing its existing and planned
manufactured housing regulatory actions to assess their actual and
potential compliance costs and reduce regulatory burden. HUD invites
public comment to assist in identifying regulations that may be
outmoded, ineffective or excessively burdensome and should be modified,
streamlined, replaced or repealed.

DATES: Comment Due Date: February 26, 2018.

ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street SW, Room
10276, Washington, DC 20410-0500. Communications must refer to the
above docket number and title.
Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
www.regulations.gov website can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must be
submitted through one of the two methods specified above. Again, all
submissions must refer to the docket number and title of the notice.
No Facsimile Comments. Facsimile (fax) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications submitted to HUD will be available for
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
above address. Due to security measures at the HUD Headquarters
building, an appointment to review the public comments must be
scheduled in advance by calling the Regulations Division at 202-708-
3055 (this is not a toll-free number). Individuals with speech or
hearing impairments may access this number via TTY by calling the
Federal Relay Service at 1-800-877-8339 (this is a toll-free number).
Copies of all comments submitted are available for inspection and
downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ariel Pereira, Associate General
Counsel for Legislation and Regulations, Office of General Counsel,
Department of Housing and Urban Development, 451 7th Street SW, Room
10282, Washington DC 20410; telephone number 202-402-5138 (this is not
a toll-free number). Persons with hearing or speech impairments may
access this number through TTY by calling the toll-free Federal Relay
Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Executive Orders 13771 and 13777

Under the leadership of Secretary Carson, HUD has undertaken an
effort, consistent with Executive Order 13771 (82 FR 9339), entitled
``Reducing Regulation and Controlling Regulatory Costs,'' to identify
and eliminate or streamline regulations that are wasteful, inefficient
or unnecessary. Executive Order 13771 requires that agencies manage the
costs associated with the governmental imposition of private
expenditures required to comply with Federal regulations. Toward this
end, Executive Order 13771 directs that for each new regulation issued,
at least two prior regulations be identified for elimination and
requires that the cost of planned regulations be prudently managed and
controlled. In furtherance of this objective, the Secretary has also
led HUD's implementation of Executive Order 13777 (82 FR 12285),
entitled ``Enforcing the Regulatory Reform Agenda.'' Executive Order
13777 reaffirms the rulemaking principles of Executive Order 13771 by
directing each agency to establish a Regulatory Reform Task Force to
evaluate existing regulations to identify those that merit repeal,
replacement, modification, are outdated, unnecessary, or are
ineffective, eliminate or inhibit job creation, impose costs that
exceed benefits, or derive from or implement Executive Orders that have
been rescinded or significantly modified.

II. This Notice

Manufactured housing plays a vital role in meeting the nation's
affordable housing needs, providing 9.5 percent of the total single-
family housing stock.\1\ According to the Manufactured Housing
Institute,\2\ more than 22 million Americans reside in manufactured
housing. Manufactured homes are particularly important in rural states,
where manufactured homes are approximately 16.2 percent of occupied
housing units. The manufactured housing industry is also an important
economic engine, accounting for approximately 35,000 jobs nationwide.
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\1\ American Housing Survey, 2013. Available at:
http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=AHS_2013_C01AH&prodType=table.
\2\ http://www.manufacturedhousing.org/research-and-data/.
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HUD regulation of manufactured housing fulfills a critical role of
both protecting consumers and ensuring a fair and efficient market. HUD
may adopt, revise, and interpret HUD's manufactured housing program
regulations based on recommendations of the Manufactured Housing
Consensus

[[Page 3636]]

Committee, a statutory Federal Advisory Committee body.\3\ Given the
significant role that manufactured housing plays in providing
affordable housing, HUD has determined that it should undertake a
substantive review of all current and planned federal regulation of
manufactured housing. This review is intended to ensure that HUD can
more effectively meet its responsibilities to facilitate the
availability of affordable manufactured homes and encourage innovation
and cost-effective construction techniques for manufactured housing
while continuing to protect consumers by ensuring quality, durable,
safe and affordable manufactured homes.
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\3\ See HUD, Manufactured Housing Consensus Committee, https://www.hud.gov/program_offices/housing/rmra/mhs/cc1.
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In conducting this review, HUD believes that it would benefit from
information and perspectives among state, local and tribal officials,
experts in relevant disciplines, affected stakeholders in the private
sector and the public as a whole. HUD is, therefore, requesting comment
on all current and planned regulatory actions affecting manufactured
housing. HUD specifically seeks comment on:
Rules listed in its Unified Agenda of Regulatory and
Deregulatory Actions regulations, including rules to update its
Manufactured Home Construction and Safety Standards (FR-5739), and
exempt Recreational Vehicles from its Manufactured Home Construction
and Safety Standards and Procedural and Enforcement Regulations (FR-
5787).
How HUD should proceed with its Interpretative Bulletin
that provides guidance for designing and installing manufactured home
foundations in areas subject to freezing temperatures with seasonal
ground freezing.
The effectiveness of HUD's on-site completion of
construction regulations, its Subpart I notification and corrections
procedures, and its Alternative Construction approval process, both
overall and specifically in review of manufactured homes with a
carport-ready design or any other similar design that would permit the
construction of an add-on at the final home site, that is not
structurally independent from the home's structure, support and
anchoring systems.
HUD does not anticipate moving forward with any manufactured
housing program regulations pending completion of its review. HUD may
make exceptions, however, on individual rules based on policy
priorities or revised circumstances.
To assist in the formulation of comments, HUD encourages commenters
to consider how HUD's manufactured housing regulatory agenda may be
streamlined to reduce or eliminate costs and overall burden while
ensuring that HUD can continue to meet its statutory responsibilities
under the Manufactured Home construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), as amended.

Dated: January 8, 2018.
Dana T. Wade,
General Deputy Assistant Secretary for Housing.
[FR Doc. 2018-01276 Filed 1-25-18; 8:45 am]
BILLING CODE 4210-67-P

Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Proposed Rules 3635

Health Service Act, and under authority of Housing and Urban Development, I. Executive Orders 13771 and 13777
delegated to the Commissioner of Food 451 7th Street SW, Room 10276, Under the leadership of Secretary
and Drugs, it is proposed that 21 CFR Washington, DC 20410–0500. Carson, HUD has undertaken an effort,
part 600 be amended as follows: Communications must refer to the above consistent with Executive Order 13771
docket number and title. (82 FR 9339), entitled ‘‘Reducing
PART 600—BIOLOGICAL PRODUCTS:
Electronic Submission of Comments. Regulation and Controlling Regulatory
GENERAL
Interested persons may submit Costs,’’ to identify and eliminate or
■ 1. The authority citation for part 600 comments electronically through the streamline regulations that are wasteful,
continues to read as follows: Federal eRulemaking Portal at inefficient or unnecessary. Executive
www.regulations.gov. HUD strongly Order 13771 requires that agencies
Authority: 21 U.S.C. 321, 351, 352, 353, encourages commenters to submit manage the costs associated with the
355, 356c, 356e, 360, 360i, 371, 374, 379k–
l; 42 U.S.C. 216, 262, 263, 263a, 264, 300aa–
comments electronically. Electronic governmental imposition of private
25. submission of comments allows the expenditures required to comply with
commenter maximum time to prepare Federal regulations. Toward this end,
§ 600.21 [Amended] and submit a comment, ensures timely Executive Order 13771 directs that for
■ 2. Amend § 600.21 by removing the receipt by HUD, and enables HUD to each new regulation issued, at least two
last three sentences. make them immediately available to the prior regulations be identified for
public. Comments submitted elimination and requires that the cost of
§ 600.22 [Removed and Reserved] electronically through the planned regulations be prudently
■ 3. Remove and reserve § 600.22. www.regulations.gov website can be managed and controlled. In furtherance
Dated: January 23, 2018. viewed by other commenters and of this objective, the Secretary has also
Leslie Kux, interested members of the public. led HUD’s implementation of Executive
Associate Commissioner for Policy.
Commenters should follow the Order 13777 (82 FR 12285), entitled
instructions provided on that site to ‘‘Enforcing the Regulatory Reform
[FR Doc. 2018–01467 Filed 1–25–18; 8:45 am]
submit comments electronically. Agenda.’’ Executive Order 13777
BILLING CODE 4164–01–P
Note: To receive consideration as reaffirms the rulemaking principles of
public comments, comments must be Executive Order 13771 by directing each
submitted through one of the two agency to establish a Regulatory Reform
DEPARTMENT OF HOUSING AND methods specified above. Again, all Task Force to evaluate existing
URBAN DEVELOPMENT submissions must refer to the docket regulations to identify those that merit
number and title of the notice. repeal, replacement, modification, are
24 CFR Parts 3280, 3282, and 3285 outdated, unnecessary, or are
No Facsimile Comments. Facsimile
[Docket No. FR–6075–N–01] ineffective, eliminate or inhibit job
(fax) comments are not acceptable.
creation, impose costs that exceed
Regulatory Review of Manufactured Public Inspection of Public benefits, or derive from or implement
Housing Rules Comments. All properly submitted Executive Orders that have been
comments and communications rescinded or significantly modified.
AGENCY: Office of the Assistant submitted to HUD will be available for
Secretary for Housing—Federal Housing public inspection and copying between II. This Notice
Commissioner, Department of Housing 8 a.m. and 5 p.m. weekdays at the above Manufactured housing plays a vital
and Urban Development, HUD. address. Due to security measures at the role in meeting the nation’s affordable
ACTION: Request for comments on HUD Headquarters building, an housing needs, providing 9.5 percent of
regulatory review. appointment to review the public the total single-family housing stock.1
comments must be scheduled in According to the Manufactured Housing
SUMMARY: Consistent with Executive advance by calling the Regulations Institute,2 more than 22 million
Order 13771 entitled ‘‘Reducing Division at 202–708–3055 (this is not a Americans reside in manufactured
Regulation and Controlling Regulatory toll-free number). Individuals with housing. Manufactured homes are
Costs,’’ and Executive Order 13777 speech or hearing impairments may particularly important in rural states,
entitled, ‘‘Enforcing the Regulatory access this number via TTY by calling where manufactured homes are
Reform Agenda,’’ and as part of the the Federal Relay Service at 1–800–877– approximately 16.2 percent of occupied
efforts of HUD’s Regulatory Reform Task 8339 (this is a toll-free number). Copies housing units. The manufactured
Force, this document informs the public of all comments submitted are available housing industry is also an important
that HUD is reviewing its existing and for inspection and downloading at economic engine, accounting for
planned manufactured housing www.regulations.gov. approximately 35,000 jobs nationwide.
regulatory actions to assess their actual HUD regulation of manufactured
and potential compliance costs and FOR FURTHER INFORMATION CONTACT: housing fulfills a critical role of both
reduce regulatory burden. HUD invites Ariel Pereira, Associate General Counsel protecting consumers and ensuring a
public comment to assist in identifying for Legislation and Regulations, Office fair and efficient market. HUD may
regulations that may be outmoded, of General Counsel, Department of adopt, revise, and interpret HUD’s
ineffective or excessively burdensome Housing and Urban Development, 451 manufactured housing program
and should be modified, streamlined, 7th Street SW, Room 10282, Washington
daltland on DSKBBV9HB2PROD with PROPOSALS

regulations based on recommendations
replaced or repealed. DC 20410; telephone number 202–402– of the Manufactured Housing Consensus
DATES: Comment Due Date: February 26, 5138 (this is not a toll-free number).
2018. Persons with hearing or speech 1 American Housing Survey, 2013. Available at:
impairments may access this number http://factfinder2.census.gov/faces/tableservices/
ADDRESSES: Interested persons are
through TTY by calling the toll-free jsf/pages/productview.xhtml?pid=AHS_2013_
invited to submit comments regarding C01AH&prodType=table.
Federal Relay Service at 800–877–8339.
this notice to the Regulations Division, 2 http://www.manufacturedhousing.org/research-

Office of General Counsel, Department SUPPLEMENTARY INFORMATION: and-data/.

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3636 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Proposed Rules

Committee, a statutory Federal Advisory To assist in the formulation of edited or removed from Regulations.gov.
Committee body.3 Given the significant comments, HUD encourages The EPA may publish any comment
role that manufactured housing plays in commenters to consider how HUD’s received to its public docket. Do not
providing affordable housing, HUD has manufactured housing regulatory submit electronically any information
determined that it should undertake a agenda may be streamlined to reduce or you consider to be Confidential
substantive review of all current and eliminate costs and overall burden Business Information (CBI) or other
planned federal regulation of while ensuring that HUD can continue information whose disclosure is
manufactured housing. This review is to meet its statutory responsibilities restricted by statute. Multimedia
intended to ensure that HUD can more under the Manufactured Home submissions (audio, video, etc.) must be
effectively meet its responsibilities to construction and Safety Standards Act accompanied by a written comment.
facilitate the availability of affordable of 1974 (42 U.S.C. 5401 et seq.), as The written comment is considered the
manufactured homes and encourage amended. official comment and should include
innovation and cost-effective Dated: January 8, 2018. discussion of all points you wish to
construction techniques for Dana T. Wade,
make. The EPA will generally not
manufactured housing while continuing consider comments or comment
General Deputy Assistant Secretary for
to protect consumers by ensuring Housing.
contents located outside of the primary
quality, durable, safe and affordable submission (i.e., on the Web, Cloud, or
[FR Doc. 2018–01276 Filed 1–25–18; 8:45 am]
manufactured homes. other file sharing system). For
BILLING CODE 4210–67–P
In conducting this review, HUD additional submission methods, the full
believes that it would benefit from EPA public comment policy,
information and perspectives among information about CBI or multimedia
state, local and tribal officials, experts in ENVIRONMENTAL PROTECTION submissions, and general guidance on
relevant disciplines, affected AGENCY making effective comments, please visit
stakeholders in the private sector and http://www.epa.gov/dockets/
40 CFR Parts 51, 60, and 63 commenting-epa-dockets.
the public as a whole. HUD is, therefore,
requesting comment on all current and [EPA–HQ–OAR–2016–0510; FRL–9972–22– All documents in the docket are listed
planned regulatory actions affecting OAR] on the https://www.regulations.gov
manufactured housing. HUD RIN 2060–AS95
website. Although listed on the website,
specifically seeks comment on: some information is not publicly
• Rules listed in its Unified Agenda Revisions to Testing Regulations for available, e.g., CBI or other information
of Regulatory and Deregulatory Actions Air Emission Sources whose disclosure is restricted by statute.
regulations, including rules to update its Certain other material, such as
Manufactured Home Construction and AGENCY: Environmental Protection copyrighted material, is not placed on
Safety Standards (FR–5739), and exempt Agency (EPA). the internet and will be publicly
Recreational Vehicles from its ACTION: Proposed rule. available only in hard copy. Publicly
Manufactured Home Construction and available docket materials are available
Safety Standards and Procedural and SUMMARY: This action proposes either electronically at http://
Enforcement Regulations (FR–5787). corrections and updates to regulations www.regulations.gov or in hard copy at
for source testing of emissions. The the EPA Docket Center, Room 3334,
• How HUD should proceed with its
proposed rule includes corrections to EPA WJC West Building, 1301
Interpretative Bulletin that provides
testing provisions that contain Constitution Avenue NW, Washington,
guidance for designing and installing
inaccuracies, updates to outdated DC 20004. The Public Reading Room is
manufactured home foundations in
procedures, and approved alternative open from 8:30 a.m. to 4:30 p.m.,
areas subject to freezing temperatures
procedures that provide testers Monday through Friday, excluding legal
with seasonal ground freezing.
enhanced flexibility. The revisions will holidays. The telephone number for the
• The effectiveness of HUD’s on-site improve the quality of data but will not
completion of construction regulations, Public Reading Room is (202) 566–1744,
impose new substantive requirements and the telephone number for the EPA
its Subpart I notification and corrections on source owners or operators.
procedures, and its Alternative Docket Center is (202) 566–1742.
DATES: Comments. Written comments FOR FURTHER INFORMATION CONTACT: Mrs.
Construction approval process, both
overall and specifically in review of must be received by March 27, 2018. Lula H. Melton, Office of Air Quality
manufactured homes with a carport- Public Hearing. The EPA will hold a Planning and Standards, Air Quality
ready design or any other similar design public hearing on this rule if requested. Assessment Division (E143–02),
that would permit the construction of an Requests for a hearing must be made by Environmental Protection Agency,
add-on at the final home site, that is not February 5, 2018. Requests for a hearing Research Triangle Park, NC 27711;
structurally independent from the should be made to Mrs. Lula H. Melton telephone number: (919) 541–2910; fax
home’s structure, support and anchoring via email at melton.lula@epa.gov or by number: (919) 541–0516; email address:
systems. phone at (919) 541–2910. If a hearing is melton.lula@epa.gov.
requested, it will be held on February
HUD does not anticipate moving SUPPLEMENTARY INFORMATION:
26, 2018 at EPA Headquarters, William
forward with any manufactured housing The supplementary information in
Jefferson Clinton East Building, 1201
program regulations pending this preamble is organized as follows:
daltland on DSKBBV9HB2PROD with PROPOSALS

Constitution Avenue NW, Washington,
completion of its review. HUD may I. General Information
DC 20004.
make exceptions, however, on A. Does this action apply to me?
individual rules based on policy ADDRESSES: Submit your comments,
B. What action is the agency taking?
priorities or revised circumstances. identified by Docket ID No. EPA–HQ– II. Background
OAR–2016–0510 at http:// III. Summary of Proposed Amendments
3 See HUD, Manufactured Housing Consensus www.regulations.gov. Follow the online A. Method 201A of Appendix M of Part 51
Committee, https://www.hud.gov/program_offices/ instructions for submitting comments. B. Method 204 of Appendix M of Part 51
housing/rmra/mhs/cc1. Once submitted, comments cannot be C. Method 205 of Appendix M of Part 51

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Document Created: 2018-10-26 10:04:07
Document Modified: 2018-10-26 10:04:07

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Request for comments on regulatory review.
Dates		Comment Due Date: February 26, 2018.
Contact		Ariel Pereira, Associate General Counsel for Legislation and Regulations, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10282, Washington DC 20410; telephone number 202-402-5138 (this is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at 800-877-8339.
FR Citation		83 FR 3635
CFR Citation		24 CFR 3280 24 CFR 3282 24 CFR 3285