Manufactured Home Construction and Safety Standards; Postponing Effective Date
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Issuing agencies
Abstract
On September 16, 2024, HUD published the "Manufactured Home Construction and Safety Standards" final rule (MHCSS 4th and 5th Sets) in the Federal Register. The MHCSS 4th and 5th Sets final rule established a March 17, 2025, effective date. Consistent with the President's January 20, 2025, memorandum titled "Regulatory Freeze Pending Review", this document announces that HUD is delaying the effective date for the MHCSS 4th and 5th Sets final rule until September 15, 2025.
Full Text
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<title>Federal Register, Volume 90 Issue 36 (Tuesday, February 25, 2025)</title>
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[Federal Register Volume 90, Number 36 (Tuesday, February 25, 2025)]
[Rules and Regulations]
[Pages 10593-10594]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03038]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 3280, 3282, 3285, and 3286
[Docket No. FR-6233-F-03]
RIN 2502-AJ58
Manufactured Home Construction and Safety Standards; Postponing
Effective Date
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, Department of Housing and Urban Development (HUD).
ACTION: Final rule; delay of effective date.
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SUMMARY: On September 16, 2024, HUD published the ``Manufactured Home
Construction and Safety Standards'' final rule (MHCSS 4th and 5th Sets)
in the Federal Register. The MHCSS 4th and 5th Sets final rule
established a March 17, 2025, effective date. Consistent with the
President's January 20, 2025, memorandum titled ``Regulatory Freeze
Pending Review'', this document announces that HUD is delaying the
effective date for the MHCSS 4th and 5th Sets final rule until
September 15, 2025.
DATES: As of February 25, 2025, the effective date for the MHCSS 4th
and 5th Sets, published at 89 FR 75704 (September 16, 2024), is delayed
from March 17, 2025, until September 15, 2025.
FOR FURTHER INFORMATION CONTACT: Teresa B. Payne, Deputy Assistant
Secretary--Administrator, Office of Manufactured Housing Programs,
Office of Housing, Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410; telephone 202-402-5365 (this is not a
toll-free number). HUD welcomes and is prepared to receive calls from
individuals who are deaf or hard of hearing, as well as individuals
with speech or communication disabilities. To learn more about how to
make an accessible telephone call, please visit:
[[Page 10594]]
<a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION:
I. Background
On September 17, 2024 (89 FR 75704), HUD published the Manufactured
Home Construction and Safety Standards final rule in the Federal
Register. The MHCSS 4th and 5th Sets final rule revises the
Manufactured Housing Construction and Safety Standards to ensure that
construction standards remain practical, relevant, uniform, and to the
extent possible, performance-based.\1\ HUD is focused on promoting the
quality, durability, safety, and affordability of manufactured homes,
encouraging innovation and cost-effective construction techniques, and
increasing the production and availability of affordable housing for
all Americans.
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\1\ The National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. 5401-5426) (the Act), authorizes
HUD to establish and amend the MHCSS codified at 24 CFR part 3280
and their supporting regulations, for the design and construction of
all manufactured homes built in America. The Manufactured Housing
Improvement Act of 2000 (Pub. L. 106-569, approved December 27,
2000), established the Manufactured Housing Consensus Committee
(MHCC) to provide HUD with recommendations to adopt, revise, and
interpret the Construction and Safety Standards, which applies to
the design, construction, and installation of new manufactured
homes.
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On January 20, 2025, the President issued a memorandum titled
``Regulatory Freeze Pending Review'' to executive departments and
agencies.\2\ The memorandum, among other things, asks executive
departments and agencies to consider postponing for 60 days from the
date of the memorandum the effective date of rules that have been
published in the Federal Register but that have not yet taken effect.
Delay of the effective date of rules that have not yet taken effect
allows executive departments and agencies time to review any questions
of fact, law, and policy that the rules may arise.
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\2\ 90 FR 8249 (January 28, 2025).
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II. Delayed Effective Date of MHCSS 4th and 5th Sets Final Rule
HUD is delaying the effective date of the MHCSS 4th and 5th Sets
final rule in accordance with the Presidential Memorandum titled
``Regulatory Freeze Pending Review''. The effective date for the MHCSS
4th and 5th Sets final rule is now September 15, 2025.
HUD acknowledges this action is a departure from the six month
deadline established by the MHCSS 4th and 5th Sets final rule. In the
notice-and-comment process on the proposed rule, HUD received comments
from manufacturers and stakeholders expressing concern about the six
month deadline to HUD and asked for additional time to modify designs
and implement processes to ensure compliance with new regulations. HUD
did not accept the recommendations and established the March 17, 2025,
effective date.
Since the final rule, manufacturers and program stakeholders have
requested additional time to modify manufactured home floorplan designs
and submit them through Design Approval Primary Inspection Agencies
(DAPIA) review, revision, and approval process to ensure compliance
with new or amended requirements before use in production.
Manufacturers and program stakeholders have noted that updating and
redesigning entire floorplans to adjust for revised load specifications
for specific wood types and fasteners, as well as electrical designs
that comply with the newer version of the National Electric Code,
requires multiple rounds of planning, design, and feedback to
successfully implement new designs. These redesigns have also required
significant third-party vendor feedback to assess costs, materials,
product sourcing and procurement, and adjusting production processes.
Industry stakeholders have also expressed a desire for additional time
to implement and modify designs with drafting teams and thorough
consultation with DAPIAs to ensure compliance with the new regulations.
In light of the Presidential Memorandum, as well as consideration
of the information received by HUD since the publication of the final
rule, HUD is delaying the effective date of the MHCSS 4th and 5th Sets
final rule to September 15, 2025.
Jeffrey Little,
General Deputy Assistant Secretary, Office of Housing.
[FR Doc. 2025-03038 Filed 2-24-25; 8:45 am]
BILLING CODE 4210-67-P
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