Proposed Rule2026-11851
Revising the Definition of “Manufactured Home” to Lower Housing Costs
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Published
June 12, 2026
Issuing agencies
Housing and Urban Development Department
Abstract
This proposed rule would amend the definition of "manufactured home" in HUD's Manufactured Home Construction and Safety Standards (MHCSS), Model Manufactured Home Installation Standards (MMHIS), and Manufactured Home Installation Program (MHIP) to provide that a transportable section of a manufactured home serving as part of an upper floor of a manufactured home would not need to be transported or built on a permanent chassis.
Full Text
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[Federal Register Volume 91, Number 113 (Friday, June 12, 2026)]
[Proposed Rules]
[Pages 35632-35639]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11851]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 91, No. 113 / Friday, June 12, 2026 /
Proposed Rules
[[Page 35632]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 201, 3280, 3285, and 3286
[Docket No. FR-6537-P-01]
RIN 2502-AJ80
Revising the Definition of ``Manufactured Home'' to Lower Housing
Costs
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, U.S. Department of Housing and Urban Development (HUD).
ACTION: Notice of proposed rulemaking.
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SUMMARY: This proposed rule would amend the definition of
``manufactured home'' in HUD's Manufactured Home Construction and
Safety Standards (MHCSS), Model Manufactured Home Installation
Standards (MMHIS), and Manufactured Home Installation Program (MHIP) to
provide that a transportable section of a manufactured home serving as
part of an upper floor of a manufactured home would not need to be
transported or built on a permanent chassis.
DATES: Comment due August 11, 2026.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule. There are two methods for submitting public
comments. All submissions must refer to the above docket number and
title. To receive consideration as public comments, comments must be
submitted through one of the two methods specified below.
1. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. There, interested parties may also find a plain
language summary of the proposed rule.
2. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, U.S.
Department of Housing and Urban-Development, 451 7th Street SW, Room
10276, Washington, DC 20410-0500.
FOR FURTHER INFORMATION CONTACT: Mary Jo Houton, Administrator, Office
of Manufactured Housing Programs, Department of Housing and Urban
Development, 451 7th Street SW, Room 9252, Washington, DC 20410;
telephone number (202) 402-2186 (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 <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
A. Statutory Framework
The National Manufactured Housing Construction and Safety Standards
Act of 1974 (Pub. L. 93-383, 88 Stat. 633, codified at 42 U.S.C. 5401
et seq.) (``the Act'') authorizes HUD to establish the Manufactured
Home and Construction Safety Standards (MHCSS). The Act was later
amended by the Manufactured Housing Improvement Act of 2000 (Pub. L.
106-569, 114 Stat. 2944).
Section 602 of the Act identifies specific goals related to
manufactured housing, which include protecting the quality, durability,
safety and affordability of manufactured homes; facilitating the
affordability manufactured homes; and encouraging innovative and cost-
effective construction techniques for manufactured homes. 42 U.S.C.
5401(b).
Section 604(a)(3) of the Act establishes the Manufactured Housing
Consensus Committee (MHCC), which is responsible for considering
potential changes to the MHCSS based on technical expertise and
providing recommendations to the Secretary. 42 U.S.C. 5403. Section
604(a)(5)(A) of the Act requires the Secretary to accept, modify, or
reject the MHCC's proposed recommendations. Section 605 of the Act also
authorizes HUD to establish the Model Manufactured Home Installation
Standards (MMHIS) and the Manufactured Home Installation Program
(MHIP). 42 U.S.C. 5404.
The Act defines relevant terms for regulated parties. Most relevant
for this rule, section 603(6) of the Act defines manufactured home as a
structure transportable in one or more sections, which, in the
traveling mode, is eight body feet or more in width or forty body feet
or more in length, or, when erected on site, is three hundred twenty or
more square feet, and which is built on a permanent chassis. 42 U.S.C.
5402(6). The Act is silent on whether each transportable section must
be constructed on a permanent chassis.
Under section 616 of the Act, manufacturers are required to certify
that a manufactured home complies with its provisions, including the
permanent chassis requirement. 42 U.S.C. 5415. Section 610 of the Act
further prohibits a person from using any means or instrumentality of
interstate commerce to manufacture, sell, or deliver a manufactured
home that does not comply with the MHCSS or other related requirements.
42 U.S.C. 5409(a)(1).
B. Regulatory Framework
HUD regulations governing manufactured homes are divided into
several parts. The MHCSS is codified in 24 CFR part 3280. The MMHIS is
codified at 24 CFR part 3285 and the MHIP is codified at 24 CFR part
3286. HUD regulations for carrying out various procedural and
enforcement activities related to these requirements are codified in 24
CFR part 3282. Consistent with the Act's goal of fostering innovation
in the manufactured housing industry (42 U.S.C. 5401(b)(4)), these
procedural and enforcement regulations allow manufacturers to request
approval from HUD in the form of an Alternative Construction (AC)
letter to build manufactured homes that would be prohibited by the
MHCSS provided certain requirements are satisfied. The process for
requesting an AC letter is set forth in 24 CFR 3282.14.
The MHCSS, MMHIS, and MHIP regulations define manufactured home to
mean a structure, transportable in one or more sections, which in the
traveling mode is 8 body feet or more in width or 40 body feet or more
in length or which when erected on-site is 320 or more square feet, and
which is built on a permanent chassis. 24 CFR 3280.2 (MHCSS), 3285.3
(MMHIS), 3286.3 (MHIP). HUD has generally interpreted these regulatory
definitions as requiring each transportable section to be built on a
permanent chassis.
[[Page 35633]]
For the purposes of a manufactured home, the term ``chassis'' means
the entire transportation system comprising the drawbar and coupling
mechanism, frame, running gear assembly, and lights. 24 CFR
3280.902(a). A chassis is defined in the regulations at 24 CFR
3280.902(a) as the entire transportation system comprising the
following subsystems: drawbar and coupling mechanism, frame, running
gear assembly, and lights. Generally, HUD considers the chassis as
permanent if, upon installation, the frame remains in place as the
substructure of the manufactured home, which, in the vast majority of
cases, requires only the maintenance of two steel I-beams and other
components welded to the beams. In short, a permanent chassis refers to
a non-removable transportation system of a manufactured home.
Historically, HUD's AC program allowed for the construction of
multistory manufactured homes, provided that manufacturers' designs
were submitted to and reviewed by HUD and were determined to provide
performance that is equivalent to or superior to that required by the
Standards. In HUD's publication of a January 2021 final rule based on
the third set of MHCC recommendations, HUD codified revisions that
established design and construction standards for multi-story
manufactured homes that allowed manufacturers to continue building
multi-story manufactured homes without the costly and burdensome AC
process. 86 FR 2496.
On September 16, 2024, HUD published a final rule based on the
fourth and fifth sets of MHCC recommendations. 89 FR 75704. In addition
to revising a large number of updated standards through incorporation
by reference and codifying technical standards supporting more modern
design approaches, installation of alternative materials, and quality
improvements, this final rule revised the definition of dwelling in 24
CFR 3280.2 to allow for the construction of up to four unit multi-
dwelling unit manufactured homes, supporting industry innovation and
efforts to address the nation's critical need for increased affordable
housing supply. The effective date of this rule was delayed from March
17, 2025, until September 15, 2025, to allow manufacturers and
stakeholders additional time to modify manufactured home floorplan
designs and submit them through Design Approval Primary Inspection
Agencies (DAPIA) review, deviation, and approval to ensure compliance
with new or amended requirements. 90 FR 10593.
C. Executive Action
On January 20, 2025, President Trump issued a Presidential
Memorandum entitled ``Delivering Emergency Price Relief for American
Families and Defeating the Cost-of-Living Crisis'' that directed each
executive agency, including HUD, to deliver emergency price relief
measures by eliminating unnecessary administrative barriers and
expenses. 90 FR 8245. The memorandum specifically called for actions to
lower the cost of housing and expand the housing supply in the United
States. In response to this Presidential Memorandum, the agency
reviewed portions of the manufactured housing program and identified
savings that could be gained by eliminating the requirement for a
permanent chassis on the upper floors of multistory manufactured homes.
D. Technical Background
Historically, the manufactured housing industry has presented
designs of multi-section manufactured homes, in part due to
transportation-based size restrictions, as sectioned structures that
are transportable on a permanent steel chassis. This industry practice
pre-dates the Federal government's authority to regulate manufactured
homes under the Act. These manufactured home designs focused on single-
story construction comprised mainly of structures whose size varied by
the number of horizontally connected transportable sections that are
joined together to constitute the whole structure of the home. Homes
based on these designs have predominately been placed in areas of the
United States with lower population densities and higher land
availability. As a result, most manufactured homes are single-story,
single-family dwellings sited in rural and suburban communities and on
individual land parcels According to the 2023 American Housing Survey,
most existing manufactured homes are single section homes (57 percent).
The rest are composed of multiple sections joined on site: 41 percent
are two section homes, and 2 percent are comprised of three or more
sections or larger. The median area of existing manufactured homes is
1,154 square feet compared to 1,800 square feet for single family
detached homes. According to the 2024 Survey of Manufactured Housing,
most new manufactured homes produced in recent years, are multi-section
(about 55 percent).
HUD has issued thirty-four Alternative Construction (AC) Letters
\1\ authorizing the construction of several thousand multistory
manufactured homes. Several hundred multistory manufactured homes have
been built under these limited approvals.\2\ However, the factory
design, construction, and site installation of multistory manufactured
homes have been complicated by the requirement to use a permanent
chassis for every transportable section, including the sections that
are used as the upper floors of the homes. Specifically, the
requirement to use a permanent chassis for each transportable section
of a multistory manufactured home increases the production,
transportation, and installation costs of a multistory manufactured
home by anywhere from $4,800 to $6,700 per unit based off of estimates
providing privately to HUD from a range of small and large
manufacturers.
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\1\ An AC approval under 3282.14 allows a manufacturer to
produce homes using an alternative design that meets or exceeds HUD
Code standards. AC approvals are design authorizations, not a
production guarantee, which means that while an AC approval could
authorize thousands of potential units, actual production depends on
market demand, costs, and manufacturer capacity. Manufacturers are
required to provide an estimate of the maximum number of
manufactured home units to be affected by an AC letter request (24
CFR 3282.14b5). These estimate are prospective and are not based on
orders or known data. Generally, manufacturers over estimate to
avoid the need for amendments that would revise production limits
imposed by HUD in issued AC letters.
\2\ AC letters are granted on a case-by-case basis and are not
available publicly. Pursuant to 24 CFR 3282.54(b), manufacturers are
able to submit alternative construction requests confidentially as
they contain information that is of a confidential and/or commercial
nature.
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The permanent chassis requirement on the upper floors of a
multistory manufactured home provides no practical benefit to
homeowners or manufacturers, increases production and installation
costs, and stifles innovation that can create more widely available,
affordable homes for the American people. Given the lack of a practical
benefit, continuing to mandate a permanent chassis on non-ground story
floors runs counter to Congress' explicit statutory mandate to promote
the affordability of manufactured homes (42 U.S.C. 5401(b)(1)). From a
design standpoint, a permanent chassis on upper floors serves no
essential structural purpose after a transportable section is
transported to the site.\3\ Instead of providing any benefit, a
permanent chassis on upper floors creates design and aesthetic
challenges as it limits where staircases can be
[[Page 35634]]
placed and creates wasted space between floors. The permanent chassis
requirement is also a hindrance to cost-effective construction
techniques and industry innovation. The standard permanent chassis
currently used for upper floors requires the use of significant amounts
of steel, which increases material costs for both producers and
consumers. Moreover, the permanent chassis requirement means that a
multistory manufactured home must meet additional structural
requirements because the lowest floor and the foundation of the home
must be designed to transmit and bear the full dead weight of a
permanent upper floor chassis, which generally exceeds 2,500 pounds.
This increases the amount of wood, concrete, and piers used in a
multistory manufactured home, which further increases material costs.
The permanent chassis requirement also increases labor costs due to the
need to construct and install the chassis.
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\3\ In single story construction, the weight of the steel
chassis prevents benefits resistance to strong winds from
overturning of the manufactured home. However, in the case where the
steel is suspended from the floor of the second story of a home, the
center of gravity shifts and must be considered in evaluating
structural design.
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The permanent chassis requirement thus adds thousands of dollars to
the cost of a multistory manufactured home for producers and consumers.
Several manufacturers report that the chassis requirement can add
anywhere from approximately $3,300 to $4,600 in production costs and
that the requirement adds $4,776 to $6,672 in costs for consumers due
to the need for chassis materials, transportation, installation, and
labor. Accordingly, not only is the permanent chassis requirement for
every transportable section of a multistory manufactured home not
required by statute, but it creates challenges to carrying out the
Act's purposes of protecting the affordability of manufactured housing,
facilitating the availability of affordable manufactured homes, and
encouraging innovative and cost-effective construction techniques.
Multistory manufactured homes could be built more cost effectively and
in a more innovative fashion if the permanent chassis requirement was
not applicable for upper floors.
II. Legal Authority
Section 602 of the Act defines a ``manufactured home'' as a
``structure transportable in one or more sections, which, in the
traveling mode, is eight body feet or more in width or forty body feet
or more in length, or, when erected on site, is three hundred twenty or
more square feet, and which is built on a permanent chassis.'' 42
U.S.C. 5402(6). The statute does not specify whether each individual
transportable section must independently be constructed on a permanent
chassis, nor does it identify the stage of construction at which that
requirement must be satisfied. By defining ``manufactured home'' in
general terms and authorizing the Secretary to promulgate standards and
regulations necessary to carry out the purposes of the Act, Congress
granted the Secretary authority to address these questions through
rulemaking.
HUD has previously interpreted this definition as requiring that
each transportable section be built on a permanent chassis, based in
part on historical manufacturing and transportation practices. Upon
further consideration of the statutory text, structure, and context,
the Department concludes that the permanent chassis requirement applies
to the manufactured home as a whole--that is, to the completed
``structure''--rather than to individual transportable sections or
components of that structure. The statutory definition frames the
chassis requirement in terms of the singular ``structure'' that ``is
built on a permanent chassis,'' indicating that the requirement
attaches to the manufactured home as the regulated structure.
The Act does not impose a separate chassis requirement for each
transportable section or otherwise provide that individual sections
must independently satisfy the definition. In the absence of such
language, HUD interprets the requirement to apply at the level of the
completed manufactured home. This interpretation is the best reading of
the statutory text and in keeping with Congress's stated purposes in
enacting the Act, including ensuring the availability of affordable
manufactured housing. Interpreting the statute to require a permanent
chassis for each transportable section would impose additional design
and construction constraints not expressly required by the text and
could increase costs in a manner not compelled by the statute. HUD's
interpretation therefore gives effect to the language Congress enacted
while advancing the Act's objective of promoting safe, durable, and
affordable manufactured housing.
In exercising its authority under the Act, HUD proposes an
interpretation of ``manufactured home'' that adheres to the statutory
text while accommodating current construction and transportation
methods. The Department recognizes that prior interpretations may have
informed certain industry practices and seeks comment on this proposed
interpretation, including any reliance interests that may warrant
consideration in developing a final rule and whether a transition
period would be appropriate. HUD also seeks comment on the extent to
which the statutory requirement that the ``structure'' be built on a
permanent chassis permits satisfaction of that requirement where a
permanent chassis is incorporated into one transportable section and,
upon assembly, supports the completed manufactured home.
III. This Proposed Rule
MHCC Proposed Revised Standards
On June 6, 2025, HUD published a notice in the Federal Register
advising the public of the schedule and proposed agenda for a meeting
of the Manufactured Housing Consensus Committee (MHCC) to discuss this
proposal. 90 FR 24284. The MHCC met on June 24, 2025 pursuant to the
Federal Register notice to consider HUD's proposed modifications to the
chassis requirements for multistory manufactured homes. The MHCC was
generally supportive of the proposed language provided by HUD and
suggested several technical edits to further harmonize the proposed
regulatory text with the statutory definition of ``manufactured home.''
The MHCC recommended additional changes to ensure that new designs
incorporating the proposed changes would be readily integrated into
existing manufacturing and transportation processes. Most notably, the
MHCC clarified that the permanent chassis would be required on the
lowest floor of the home.\4\ Final recommendations to HUD were
unanimously approved by the MHCC. HUD reviewed the MHCC's
recommendations and incorporated them in this proposed rule. The MHCC
received several comment letters from modular building manufacturers
and a modular building association in advance of the meeting. The
letters generally opposed the draft changes citing concerns that the
distinction between their products and manufactured homes could become
less clear. While modular housing is built in a factory, these housing
products are designed and constructed in accordance
[[Page 35635]]
with state and local standards and are not subject to the Federal
Manufactured Home Construction and Safety Standards. None of the
modular industry entities that submitted comments were present at the
meeting.
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\4\ The MHCC supported deleting the permanent chassis
requirement for upper floors if no chassis is present. They added
language to the structural design section requiring that each story
be securely fastened above or below to maintain load continuity,
except that upper floors do not need chassis connections ``when a
chassis is not present.'' The MHCC recommended changing ``ground
floor'' to ``lowest floor'' to avoid ambiguity, particularly with
homes with basements or elevated foundations. They proposed that a
metal plate with the serial number be affixed to the ``foremost
floor joist'' since the serial number is typically stamped on the
chassis and added a provision to Subpart J for transport design that
allows units without chassis to be transported without a chassis.
The MHCC meeting's minutes may be accessed at <a href="https://www.hud.gov/sites/dfiles/Housing/documents/MHCC-Minutes-06-24-2025.pdf">https://www.hud.gov/sites/dfiles/Housing/documents/MHCC-Minutes-06-24-2025.pdf</a>.
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Overview of Proposed Changes
HUD proposes changing the definition of a manufactured home to
provide that the permanent chassis requirement for a manufactured home
could be met by building only the lowest level transportable sections
of a manufactured home on a permanent chassis. Under this proposed
rule, transportable sections of a manufactured home used for the upper
floor or floors would not need to be transported or built on a
permanent chassis.
The proposed rule would make changes to the MHCSS applicable to
structural design requirements and transportation requirements. HUD
proposes revising the definition of a manufactured home in regulations
implementing the provisions of section 2 of Title I of the National
Housing Act, in the MMIHS, and in the MHIP to ensure that the
definition of a manufactured home is consistent across its regulations.
24 CFR 201.2
HUD proposes revising the definition of a manufactured home in
Sec. 201.2 to clarify that the definition in this section retains the
same meaning as when used in 24 CFR 3280.2. This revision would ensure
that manufactured homes where the upper floors are not built on a
permanent chassis would remain eligible for Title I loans under 24 CFR
part 201.
24 CFR 3280.2
HUD proposes changing the definition of a manufactured home to
provide that a transportable section used for an upper floor of a
manufactured home would not need to be transported or built on a
permanent chassis.
24 CFR 3280.6
HUD proposes changing the serial number requirement to provide that
a metal plate stamped with the serial number must be securely affixed,
using screws, to the inside face of the foremost floor joist when a
section of a manufactured home designed to be an upper floor and where
the chassis is removeable.
24 CFR 3280.113
HUD proposes to take the opportunity afforded by this rulemaking to
correct internal citations in Sec. 3280.113. In HUD's prior rulemaking
(86 FR 2517) based on the third set of MHCC recommendations, paragraph
(b) was added to Sec. 3280.113 that redesignated subsequent paragraphs
within the section without updating internal citations within those
paragraphs. This proposed rule includes technical corrections to the
internal citations in this section consistent with the logical
structure of the section. This would not be a substantive change and
does not require public notice or comment.
24 CFR 3280.305
This proposed rule would revise the structural design requirements
in Sec. 3280.305(a) to separate general requirements for an integrated
manufactured home structure from requirements that are specifically for
multistory manufactured homes. For multistory manufactured homes, HUD
proposes revisions that would make clear that upper floors do not need
to be fastened to a chassis and that a multistory structure is limited
to a single manufactured home consisting of one to four dwelling units.
In addition, HUD proposes revising Sec. 3280.305(e), which governs
the fastening of structural systems, to create a distinction between
general requirements for manufactured homes and requirements that are
specifically for multistory manufactured homes. The revised paragraph
(e) would also clarify that upper floors in multistory manufactured
homes do not need to be fastened to a permanent chassis.
24 CFR 3280.901, 3280.902, 3280.904
HUD proposes revising the transportation requirements in Sec.
3280.901 to add a sentence providing that nothing in the transportation
subpart would require a transportable section designed to be used as an
upper floor of a multistory manufactured home to be built or
transported on a permanent chassis.
HUD proposes technical updates to Sec. 3280.902 and Sec.
3280.904. The definition of a transportation system in Sec.
3280.902(f) would be revised so that it means a chassis as defined in
Sec. 3280.902(a). In Sec. 3280.904(b)(9)(i), the definition of
braking axles would be revised to provide that transportable sections
used for an upper floor of multistory manufactured home would not need
to have two axles equipped with brake assemblies.
24 CFR 3285.5
HUD proposes revising the definition of a manufactured home in
Sec. 3285.5 to ensure that manufactured home in this section maintains
the same definition as located in Sec. 3280.2.
24 CFR 3286.3
HUD proposes revising the definition of a manufactured home in
Sec. 3286.3 to state that manufactured home in this section maintains
the same definition as located in Sec. 3280.2.
IV. Questions for Public Comments
HUD welcomes comments on all aspects of this proposed rule. In
addition, HUD specifically requests comments on the following topics:
Question for Comment #1: Further Reducing the Chassis Requirement
to a Single Section of a Multi-Section Manufactured home--Under the
proposed rule, HUD would continue to require a permanent chassis for
each transportable section that is designed to serve as part of the
lowest floor of a manufactured home. HUD is also seeking comment on an
alternative approach that HUD is considering under which a manufactured
home would be required to have a permanent chassis under only one
transportable section of the lowest floor. This alternative would apply
to both multi-section, single-story manufactured homes and multi-story
manufactured homes.
In the Regulatory Impact Analysis for this proposed rule, HUD
assumes that 20 to 25 multi-story manufactured homes could annually
benefit from the proposed change. HUD also notes that a much larger
share of newly produced manufactured homes are multi-section, single
story homes; according to the 2024 Survey of Manufactured Housing,
about 55 percent of new manufactured homes produced in recent years
(roughly 60,000 manufactured homes annually) are multi-section, single-
story designs. Would multi-section, single-story manufactured homes
realize production or installation cost savings if only one section of
the lowest floor were required to be built on a permanent chassis? If
so, what types of savings would be expected? What construction, safety,
and installation standards would be implicated and/or potentially
require revision to support this alternative? Would this alternative
create any additional costs, risks, benefits, or other implementation
considerations which HUD should take into account? Are there
engineering, design, construction, transportation, and/or installation
challenges that manufacturers, transporters, and installers would need
to consider and adjust in order to leverage this alternative?
Question for Comment #2: Installation Standards--Are there any
additional installation standards or set-up requirements that should be
considered for multistory manufactured homes that
[[Page 35636]]
are not already addressed in the Model Manufactured Home Installation
Standards located at 24 CFR part 3285)?
Question for Comment #3: Lifting Instructions--Should manufactured
home manufacturers be required to identify lift points and provide
lifting instructions for the placement and installation of upper floors
of multi-section manufactured homes? If so, where in title 24 of the
Code of Federal Regulations would be the most appropriate place to
codify the requirements?
Question for Comment #4: Transportation Requirements--The proposed
rule would amend the transportation requirements for manufactured homes
that are codified in 24 CFR part 3280 (subpart J). Would the
transportation requirements, as amended by the proposed rule, be
sufficient to ensure that manufactured homes could be transported in a
manner that would not take a home out of compliance with the MHCSS?
Question for Comment #5: Reliance Interests--Are there reliance
interests that would be implicated by this rule? If so, how significant
are these interests and would a transition period for implementation be
appropriate to mitigate the effect of this proposed rule on these
interests?
V. Findings and Certifications
Regulatory Review--Executive Order 12866
Under Executive Order 12866 (Regulatory Planning and Review), a
determination must be made whether a regulatory action is significant
and, therefore, subject to review by the Office of Management and
Budget (OMB) in accordance with the requirements of the executive
order. Executive Order 14219 (Ensuring Lawful Governance and
Implementing the President's ``Department of Government Efficiency''
Deregulatory Initiative) reinforces that directive and instructs
agencies ``to follow the processes set out in Executive Order 12866 for
submitting regulations for review by OIRA.'' Executive Order 13563
(Improving Regulations and Regulatory Review) directs executive
agencies to analyze regulations that are ``outmoded, ineffective,
insufficient, or excessively burdensome, and to modify, streamline,
expand, or repeal them in accordance with what has been learned.''
Executive Order 13563 also directs that, where relevant, feasible, and
consistent with regulatory objectives, and to the extent permitted by
law, agencies are to identify and consider regulatory approaches that
reduce burdens and maintain flexibility and freedom of choice for the
public.
The proposed rule has been determined to be a ``significant
regulatory action,'' as defined in section 3(f) of Executive Order
12866, but not economically significant under section 3(f)(1) of the
Order. The docket file is available for public inspection online at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
Regulatory Costs--Executive Order 14192
Executive Order 14192, entitled ``Unleashing Prosperity Through
Deregulation,'' was issued on January 31, 2025. Section 3(a) of
Executive Order 14192 provides that ``whenever an executive department
or agency (agency) publicly proposes for notice and comment or
otherwise promulgates a new regulation, it shall identify at least ten
existing regulations to be repealed.'' The Office of Management and
Budget provided subsequent guidance through ``Guidance Implementing
Section 3 of Executive Order 14192, Titled `Unleashing Prosperity
through Deregulation,' '' which explained that a regulatory action for
Executive Order 14192 purposes is either a significant regulatory
action that is finalized and imposes costs greater than zero or a
significant guidance document that is finalized and imposes costs
greater than zero.
Under the proposed rule, only the lowest level transportable
sections of a manufactured home would be required to be built upon a
permanent chassis. The transportable sections of a manufactured home
used for the upper floor or floors would not need to be transported or
built on a permanent chassis. This change would decrease the costs of
building and transporting manufactured homes by approximately $6,000
per multistory manufactured housing unit. These cost savings represents
the minimum level of benefits from the reduction in production,
transportation, and installation costs per unit. This proposed rule is
therefore deregulatory under Executive Order 14192.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601) requires an
agency to conduct a regulatory flexibility analysis of a rule subject
to notice and comment rulemaking requirements unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. It is HUD's position that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. This proposed rule would regulate
establishments primarily engaged in making manufactured homes. The
Small Business Administration's size standards define an establishment
primarily engaged in making manufactured homes as small if it does not
exceed 1,250 employees. 13 CFR 121.201. Of the 562 firms registered to
do business under this North American Industry Classification System
(NAICS) definition (321991), approximately 37 produce manufactured
homes subject to the MHCSS. Of the 37 manufacturers subject to the
MHCSS, 34 are considered small businesses based on the threshold of
1250 employees or less. The proposed rule would apply to manufacturers
and thus would affect a substantial number of small entities.
However, this proposed rule would provide small manufacturers with
cost savings resulting from the elimination of the permanent chassis
requirement for transportable sections of upper floors of multistory
manufactured housing. The proposed rule would reduce the production,
transportation, and installation costs of a multistory manufactured
home by anywhere from $4,800 to $6,700 per unit. There are no costs
associated with this proposed rule because manufacturers may elect to
not build multistory manufactured home.
Although a substantial number of small manufacturers will be
affected by this rule HUD anticipates that the rule will not have a
significant economic impact on them, as explained in the regulatory
impact analysis. Accordingly, the undersigned certifies that this rule
would not have a significant economic impact on a substantial number of
small entities.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either imposes substantial direct compliance costs on State and Local
governments or is not required by statute, or the rule preempts State
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive Order. This final rule does not have
federalism implications and does not impose substantial direct
compliance costs on State and local governments nor preempt State law
within the meaning of the Executive Order.
Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made in accordance with HUD regulations at 24 CFR part 50,
which implement section 102(2)(C) of the
[[Page 35637]]
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The
Finding of No Significant Impact is available for public inspection on
<a href="http://www.regulations.gov">www.regulations.gov</a> and between the hours of 8 a.m. and 5 p.m. weekdays
in the Regulations Division, Office of General Counsel, Room 10276,
Department of Housing and Urban Development, 451 Seventh Street SW,
Washington, DC 20410-0500.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538) (UMRA) establishes requirements for Federal agencies to
assess the effects of their regulatory actions on State, local, and
Tribal governments, and on the private sector. This rule would not
impose any Federal mandates on any State, local, or Tribal governments,
or on the private sector, within the meaning of the UMRA.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), an agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless the
collection displays a currently valid Office of Management and Budget
(OMB) control number. The information collection requirements were
previously approved by OMB under the Paperwork Reduction Act and
assigned OMB control number 2502-0253.
VI. Electronic Access and Filing
Comments submitted electronically through the <a href="http://www.regulations.gov">www.regulations.gov</a>
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.
HUD will make all properly submitted comments and communications
available for public inspection and copying during regular business
hours at the above address. Due to security measures at the HUD
Headquarters building, you must schedule an appointment in advance to
review the public comments by calling the Regulations Division at 202-
708-3055 (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
<a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>. Copies of all comments submitted are available for inspection and
downloading at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Lists of Subjects
24 CFR Part 201
Claims, Health facilities, Historic preservation, Home improvement,
Loan programs--housing and community development, Manufactured homes,
Mortgage insurance, Reporting and recordkeeping requirements.
24 CFR Part 3280
Fire prevention, Housing standards.
24 CFR Part 3285
Housing standards, Installation, Manufactured homes.
24 CFR Part 3286
Administrative practice and procedure, Consumer protection,
Intergovernmental relations, Manufactured homes, Recordkeeping and
recordkeeping requirements.
For the reasons stated in the preamble, HUD proposes to amend 24
CFR parts 201, 3280, 3285, and 3286 to read as follows:
PART 201--TITLE I PROPERTY IMPROVEMENT AND MANUFACTURED HOME LOANS
0
1. The authority citation for 24 CFR part 201 continues to read as
follows:
Authority: 12 U.S.C. 1703; 15 U.S.C. 1639c; 42 U.S.C. 3535(d).
0
2. In Sec. 201.2, revise the definition of ``manufactured home'' to
read as follows:
Sec. 201.2 Definitions.
* * * * *
Manufactured home has the same meaning as defined in 24 CFR 3280.2.
A new manufactured home must comply with the minimum property standards
prescribed by the Secretary to assure its livability and durability
that are published as the Manufactured Home Construction and Safety
Standards at 24 CFR part 3280, which implement the National
Manufactured Housing Construction and Safety Standards Act of 1974, 42
U.S.C. 5401-5426. To qualify for a manufactured home loan insured under
this part, an existing manufactured home must have been constructed in
accordance with standards published at 24 CFR part 3280 and must meet
standards similar to the minimum property standards applicable to
existing homes insured under title II of the Act, as prescribed by the
Secretary.
* * * * *
PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS
0
3. The authority citation for 24 CFR part 3280 continues to read as
follows:
Authority: 15 U.S.C. 2697, 42 U.S.C. 3535(d), 5403, and 5424.
0
4. In Sec. 3280.2, revise the definition of ``manufactured home'' to
read as follows:
Sec. 3280.2 Definitions.
* * * * *
Manufactured home means a structure, transportable in one or more
sections, which in the traveling mode is 8 body feet or more in width
or 40 body feet or more in length, or when erected on-site is 320 or
more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities; and includes
plumbing, heating, air-conditioning, and electrical systems contained
in the structure. This term includes all structures that meet the above
requirements except the size requirements and with respect to which the
manufacturer voluntarily files a certification pursuant to Sec.
3282.13 of this chapter and complies with the construction and safety
standards set forth in this part 3280. The term does not include any
self-propelled recreational vehicle. Calculations used to determine the
number of square feet in a structure will include the total of square
feet for each transportable section comprising the completed structure
and will be based on the structure's exterior dimensions measured at
the largest horizontal projections when erected on site. These
dimensions will include all expandable rooms, cabinets, and other
projections containing interior space, but do not include bay windows.
Nothing in this definition should be interpreted to mean that a
manufactured home necessarily meets the requirements of HUD's Minimum
Property Standards or that it is automatically eligible for financing
under 12 U.S.C. 1709(b). Nothing in this definition requires each
transportable section to be built on a permanent chassis except for the
transportable sections designed to be used as the lowest floor of a
manufactured home.
* * * * *
0
5. Amend Sec. 3280.6 by revising paragraph (a) to read as follows:
Sec. 3280.6 Serial number.
(a) A manufactured home serial number which will identify the
manufacturer and the state in which the manufactured home is
manufactured,
[[Page 35638]]
must be stamped into the foremost cross member. In cases where a
section is designed to be an upper floor and where the chassis is
removable, a metal plate stamped with the serial number must be
securely affixed, using screws, to the inside face of the foremost
floor joist. Letters and numbers must be \3/8\ inch minimum in height.
Numbers must not be stamped into hitch assembly or drawbar.
* * * * *
Sec. 3280.113 [Amended]
0
6. Amend Sec. 3280.113 as follows:
0
a. In paragraph (c) introductory text, remove the citation to
``paragraph (d)'' and add, in its place, a citation to ``paragraph
(e)'', and remove the citation to ``paragraph (c)'' and add, in its
place, a citation to ``paragraph (d)'';
0
b. In paragraph (e) introductory text, remove the citation to
``paragraph (b)'' and add, in its place, a citation to ``paragraph
(d)'';
0
c. In paragraph (e)(4), remove the citation to ``paragraph (b)(6)'' and
add, in its place, a citation to ``paragraph (c)(6)''; and
0
d. In paragraph (e)(5), remove the citation to ``paragraph (b)(7)'' and
add, in its place, a citation to ``paragraph (c)(7)''.
0
7. Amend Sec. 3280.305 by revising paragraphs (a) and (e) to read as
follows:
Sec. 3280.305 Structural design requirements.
(a) General.
(1) Integrated structure requirement. Each manufactured home must
be designed and constructed as a completely integrated structure
capable of sustaining the design load requirements of this part and
must be capable of transmitting these loads to stabilizing devices
without exceeding the allowable stresses or deflections. Roof framing
must be securely fastened to wall framing, walls to floor structure,
and floor structure to chassis to secure and maintain continuity
between the floor and chassis, so as to resist wind overturning,
uplift, and sliding as imposed by design loads in this part.
Uncompressed finished flooring greater than \1/8\ inch in thickness
must not extend beneath load-bearing walls that are fastened to the
floor structure.
(2) Multistory manufactured homes. In multistory construction, each
story must be securely fastened to the story above and/or below to
provide continuity and resist design loads in this part, except that
upper floors do not need to be fastened to a chassis when a chassis is
not present. Each multistory structure must be limited to a single
manufactured home consisting of one to four dwelling units.
* * * * *
(e) Fastening of structural systems.
(1) General requirements. Roof framing must be securely fastened to
wall framing, walls to floor structure, and floor structure to chassis,
to secure and maintain continuity between the floor and chassis in
order to resist wind overturning, uplift, and sliding, and to provide
continuous load paths for these forces to the foundation or anchorage
system. The number and type of fasteners used must be capable of
transferring all forces between elements being joined.
(2) Multistory manufactured homes. In addition to the requirements
in paragraph (e)(1) of this section, in multistory construction, each
story must be securely fastened to the story above and/or below to
provide continuity and resist design loads in this section, except that
upper floors do not need to be fastened to a chassis when a chassis is
not present.
(3) Impact of Wind Zones. For Wind Zone II and Wind Zone III, roof
framing members must be securely fastened at the vertical bearing
points to resist design overturning, uplift, and sliding forces. When
engineered connectors are not installed, roof framing members must be
secured at the vertical bearing points to wall framing members (studs),
and wall framing members (studs) must be secured to floor framing
members, with 0.016 inch base metal, minimum steel strapping or
engineered connectors, or by a combination of 0.016 inch base metal,
minimum steel strapping or engineered connectors, and structural-rated
wall sheathing that overlaps the roof and floor system if substantiated
by structural analysis or by suitable load tests. Steel strapping or
engineered connectors are to be installed at a maximum spacing of 24
inches on center in Wind Zone II, and 16 inches on center in Wind Zone
III. Exception: Where substantiated by structural analysis or suitable
load tests, the 0.016 inch base metal minimum steel strapping or
engineered connectors may be omitted at the roof to wall and/or wall to
floor connections, when structural rated sheathing that overlaps the
roof and wall and/or wall and floor is capable of resisting the
applicable design wind loads.
* * * * *
0
8. Revise Sec. 3280.901 to read as follows:
Sec. 3280.901 Scope.
Subpart J of this standard covers the general requirement for
designing the structure of the manufactured home to fully withstand the
adverse effects of transportation shock and vibration without
degradation of the integrated structure or of its component parts and
the specific requirements pertaining to the transportation system and
its relationship to the structure. In multistory construction, nothing
in this subpart shall require a transportable section designed to be
used as an upper floor of a multistory manufactured home to be built or
transported on a permanent chassis.
0
9. Amend Sec. 3280.902 by revising paragraph (f) to read as follows:
Sec. 3280.902 Definitions.
* * * * *
(f) Transportation system refers to the chassis.
* * * * *
0
10. In Sec. 3280.904, revise paragraph (b)(9)(i) to read as follows:
Sec. 3280.904 Specific requirements for designing the transportation
system.
* * * * *
(b) * * *
(9) * * *
(i) Braking axles. The number, type, size, and design of brake
assemblies required to assist the towing vehicle in providing effective
control and stopping of the manufactured home must be determined and
documented by engineering analysis. Those alternatives listed in Sec.
3280.903(b)(1) may be accepted in place of such an analysis. Unless
substantiated in the design to the satisfaction of the approval agency
by either engineering analysis in accordance with Sec. 3280.903(b)(1)
or tests in accordance with paragraph (b)(9)(ii) of this section, there
must be a minimum of two axles equipped with brake assemblies on each
transportable section of the manufactured home including any
transportation system used for an upper floor of a multistory
manufactured home.
* * * * *
PART 3285--MODEL MANUFACTURED HOME INSTALLATION STANDARDS
0
10. The authority citation for 24 CFR part 3285 continues to read as
follows:
Authority: 42 U.S.C. 3535(d), 5403, 5404, and 5424.
0
11. In Sec. 3285.5, revise the definition of ``manufactured home'' to
read as follows:
Sec. 3285.5 Definitions.
* * * * *
Manufactured home has the same meaning as defined in 24 CFR 3280.2.
* * * * *
[[Page 35639]]
PART 3286--MANUFACTURED HOME INSTALLATION PROGRAM
0
12. The authority citation for 24 CFR part 3286 continues to read as
follows:
Authority: 42 U.S.C. 3535(d), 5404, and 5424.
0
13. In Sec. 3286.3, revise the definition of ``manufactured home'' to
read as follows:
Sec. 3286.3 Definitions.
* * * * *
Manufactured home has the same meaning as defined in 24 CFR 3280.2.
* * * * *
Joseph Gormley,
President of the National Mortgage Association Performing the Delegable
Duties of the Assistant Secretary for Housing--Federal Housing
Commissioner.
[FR Doc. 2026-11851 Filed 6-11-26; 8:45 am]
BILLING CODE 4210-67-P
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</html>Indexed from Federal Register on June 12, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.