[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)]
[Rules and Regulations]
[Pages 57677-57689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24950]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3282

[Docket No. FR-5877-F-02]
RIN 2502-AJ33


Manufactured Home Procedural and Enforcement Regulations; 
Clarifying the Exemption for Manufacture of Recreational Vehicles

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, HUD.

ACTION: Final rule.

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SUMMARY: This rulemaking revises the exemption for the manufacture of 
recreational vehicles to clarify which recreational vehicles qualify 
for an exemption from HUD's Manufactured Home Construction and Safety 
Standards and Manufactured Home Procedural and Enforcement regulations. 
HUD is adopting a recommendation of the Manufactured Housing Consensus 
Committee (MHCC) but expanding the definition of recreational vehicle 
and modifying it to require certification with the updated ANSI 
standard, A119.5-15.

DATES: 
    Effective Date: January 15, 2019.
    Incorporation by Reference: The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register as of January 15, 2019.
    Compliance Date: The Manufacturer's Notice requirement under this 
rule applies to all covered units, beginning with the first unit to 
leave production on January 15, 2019.

FOR FURTHER INFORMATION CONTACT: Teresa Payne, Acting Administrator, 
Office of Manufactured Housing Programs, Department of Housing and 
Urban Development, 451 Seventh Street SW, Room 9164, Washington, DC 
20410; telephone 202-402-5216. (This is not a toll-free number.) 
Individuals with speech or hearing impairments may access this number 
through TTY by calling the Federal Relay Service, toll-free, at 1-800-
877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

A. HUD's Regulatory Authority and the Recreational Vehicle Exemption

    The National Manufactured Housing Construction and Safety Standards 
Act of 1974 (the Act) \1\ authorizes HUD, through its Office of 
Manufactured Housing Programs (OMHP), to establish and amend the 
Federal Manufactured Home Construction and Safety Standards (HUD Code) 
and the Procedural and Enforcement regulations, codified at 24 CFR 
parts 3280 and 3282, respectively. This authority authorizes HUD to 
issue and enforce appropriate standards for the construction, design, 
performance, and installation of manufactured homes--formerly known as 
mobile homes--to ensure their quality, durability, affordability, and 
safety.
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    \1\ See The National Manufactured Housing Construction and 
Safety Standards Act of 1974, Public Law 93-383, approved August 22, 
1974, codified at 42 U.S.C. 5401-5426.
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    Since the HUD Code's inception in 1976, Recreational Vehicles (RVs) 
have been largely exempted from the HUD Code. Self-propelled RVs are 
statutorily exempted, and other classes of RVs over

[[Page 57678]]

which HUD maintains statutory jurisdiction have been exempted by 
regulations codified at 24 CFR 3282.8(g).\2\ Over time, the RV 
exemption has evolved. Since codifying its regulatory exemption in 
1982, HUD has exempted RVs from both HUD's Manufactured Home 
Construction and Safety Standards at 24 CFR part 3280 and its 
Manufactured Home Procedural and Enforcement regulations at 24 CFR part 
3282 if they are: Built on a single chassis; 400 square feet or less 
when measured at their largest horizontal projections; self-propelled 
or permanently towable by a light duty truck; and designed primarily 
not for use as a permanent dwelling but as temporary living quarters 
for recreational, camping, travel, or seasonal use.\3\ In 1988, HUD 
issued an interpretative bulletin to clarify the method for measuring a 
unit to determine whether an RV qualified under the exemption.\4\ In 
1997, HUD also allowed for small lofts to be excluded from the 
exemption's square footage requirements.\5\
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    \2\ See 41 FR 19846 (May 13, 1976).
    \3\ See 47 FR 28091, June 29, 1982, codified at 24 CFR 
3282.8(g).
    \4\ HUD stated that ``measurements shall be taken on the 
exterior of the home. The square footage includes all siding, corner 
trim, including storage space, and area enclosed by windows, but not 
the roofing overhang.'' Interpretative Bulletin A-1-88 (Oct. 5, 
1988), available at https://portal.hud.gov/hudportal/documents/huddoc?id=A188.pdf.
    \5\ See Letter from HUD, dated August 1, 1997, available at 
https://portal.hud.gov/hudportal/documents/huddoc?id=loftletter.pdf.
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B. The Need for a Broader Exemption

    Prior to this rulemaking, the RV exemption was roundly criticized 
for not drawing a clear enough distinction between RVs, which are 
designed for temporary, recreational use, and manufactured housing, 
which is designed for permanent, year-round dwelling. This distinction 
has become increasingly relevant, because RV manufacturers have begun 
to produce larger products that include more features, such as porches 
built on the chassis, and that resemble manufactured homes. These 
additions have raised questions as to whether these features should be 
included when measuring according to Interpretive Bulletin A-1-88 for 
the purposes of exemption. This has increased the confusion over 
whether HUD should regulate certain RVs because they meet the statutory 
definition of a manufactured home or whether they should be exempted 
based on their intended design for temporary, recreational use.\6\ 
Subsequently, HUD determined that some manufacturers were producing 
Park Model Recreational Vehicles (PMRVs, also known as recreational 
park trailers or RPTs) in excess of the RV exemption's 400-square-foot 
threshold, which was based on a 1988 HUD Interpretative Bulletin 
guidance on how to measure a unit. These PMRVs contained screened-in 
porches built on the chassis and were advertised for all-season use.
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    \6\ For example, in November 2012, the Recreation Vehicle 
Industry Association (RVIA) issued a Standards News Bulletin to its 
members. Citing past HUD guidance, RVIA announced its position that 
in measuring the size and calculating the square footage of a 
Recreation Park Trailer, manufacturers should apply the ``shadow 
rule'' to determine what is included in the measurement, and they 
should not include in their measurement: Roof overhangs, porches, 
patios, decks, enclosed door entries, or loft areas with a ceiling 
height of less than 5 feet.
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    To address this issue, HUD issued memoranda in 2014 and 2015, 
reiterating the method through which RVs should be measured to qualify 
for the RV exemption.\7\ HUD also questioned whether it should exercise 
regulatory authority over fifth-wheel travel trailers, some of which, 
because they exceeded the 320 square foot threshold under the statutory 
definition of ``manufactured home,'' are subject to HUD's Manufactured 
Home Construction and Safety Standards and its Manufactured Home 
Procedural and Enforcement regulations. From December 2-4, 2014, the 
MHCC met and considered HUD's October 1, 2014, memorandum.\8\ After 
discussion and debate, the MHCC voted to approve a recommendation that 
HUD adopt language more clearly differentiating RVs from manufactured 
housing and simplify its RV exemption.\9\
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    \7\ See HUD, RV Exemption Under Manufactured Housing Act, Parts 
I and II (Oct. 1, 2014 and Jan. 20, 2015), available at https://portal.hud.gov/hudportal/documents/huddoc?id=rvmemo12015.pdf.
    \8\ See The FACTS: HUD's Manufactured Housing Newsletter (Feb. 
2015), available at https://portal.hud.gov/hudportal/documents/huddoc?id=mhnewsletter11515.pdf.
    \9\ MHCC proposed the following language: ``Recreational 
vehicles are not subject to this part, part 3280. A recreational 
vehicle is a factory built vehicular structure designed only for 
recreational use and not as a primary residence or for permanent 
occupancy, built and certified in accordance with NFPA 1192-2015 or 
ANSI A119.5-09 consensus standards for recreational vehicles and not 
certified as a manufactured home.'' Manufactured Housing Consensus 
Committee, MHCC Proposed Changes (Received as of May 31, 2015), 5-6, 
available at https://portal.hud.gov/hudportal/documents/huddoc?id=changes53115.pdf.
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II. HUD's February 9, 2016, Proposed Rule; Expanding the RV Exemption

    HUD issued a proposed rule on February 9, 2016, at 81 FR 6806, to 
revise the definitions of ``Manufactured home'' at 24 CFR 3280.2 and 
``Recreational vehicles'' at 24 CFR 3282.8(g), to clarify--and 
effectively expand--the exemption of RVs from the HUD's Manufactured 
Home Construction and Safety Standards and its Manufactured Home 
Procedural and Enforcement regulations. The rule proposed to change the 
definition of RVs by revising the four-part test used to determine 
whether a structure qualifies for the RV exemption. Specifically, HUD's 
rule proposed a definition focused on whether or not the structure is 
certified as a manufactured home and whether it is constructed 
according to two consensus RV standards: The ANSI A119.5 Park Model 
Recreational Vehicle Standard and the NFPA 1192-15 Standard on 
Recreational Vehicles.\10\ By incorporating by reference the ANSI 
A119.5 Park Model Recreational Vehicle Standard, HUD's February 9, 
2016, proposed rule would have allowed factory-constructed porches to 
be added to RPTs/PMRVs in excess of the RV exemption's 400 square foot 
threshold.
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    \10\ NFPA 1192-15 is available for review at http://www.nfpa.org/freeaccess. ANSI A119.5-15 is available for review at 
www.rvia.org/?ESID=A119.
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III. HUD's January 26, 2018, Document; Regulatory Review of 
Manufactured Housing Rules

    HUD issued a Federal Register document on January 26, 2018, at 83 
FR 3635, entitled ``Regulatory Review of Manufactured Housing Rules,'' 
to solicit public comment on all of its current and pending 
manufactured housing regulatory actions. 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, the document informed the public that HUD 
was reviewing its existing and planned manufactured housing regulatory 
actions to assess their actual and potential compliance costs and 
reduce regulatory burden. HUD invited public comment to assist in 
identifying regulations that may be outmoded, ineffective or 
excessively burdensome and should be modified, streamlined, replaced or 
repealed. Of the 156 unique comments that HUD received in response to 
the document, fewer than 20 referenced the proposed RV rule, and all 
expressed support for this rulemaking.
    This final rule adopts the approach of the proposed rule to 
reinforce the distinction between manufactured housing, which HUD 
regulates under its Manufactured Home Construction and Safety Standards 
and its Manufactured Home Procedural and Enforcement

[[Page 57679]]

regulations; and other structures, which HUD will exempt from such 
regulation. The rule takes into consideration the public comments 
submitted in response to the February 9, 2016, proposed rule and the 
January 26, 2018, Federal Register document. This final rule provides 
that the requirements of 24 CFR parts 3280 and 3282 do not apply to the 
manufacture of a ``recreational vehicle'' as defined by this rule.

IV. Changes Made at the Final Rule Stage

    After considering public comments received on the February 9, 2016, 
proposed rule, and after further review, HUD makes the following 
changes at the final rule stage.
    1. In the final rule, HUD elects not to revise the definition of 
``manufactured home,'' found at 24 CFR 3280.2, to ensure that the 
regulatory definition of ``manufactured home'' tracks with its 
statutory definition.
    2. In Sec.  3282.15(b)(1), HUD removes the term ``factory built,'' 
in response to public comment. HUD agrees with commenters who stated 
that some RV manufacturers do not produce their products in a factory, 
but nevertheless should qualify for the exemption if they meet all 
other exemption criteria.
    3. In Sec.  3282.15(b)(1), HUD adds the term ``vehicle'' to the 
definition of a recreational vehicle in response to public comment. HUD 
agrees with commenters who stated that ``vehicle'' is also a term of 
art used by state and local governments in regulating RVs.
    4. In Sec.  3282.15(b)(3), HUD makes a technical correction to 
remove the term ``Recreational Park Trailer Standard'' and replace it 
with the term ``Park Model Recreational Vehicle Standard,'' in response 
to public comment and to reflect the standard's proper title.
    5. In Sec.  3282.15(c), HUD makes several changes; to remove the 
term ``Notice'' and replace it with the term ``Manufacturer's Notice'' 
for clarity; and to specify that in all cases where the exemption is 
based on the unit being certified to the ANSI A-119.5-15 standard, the 
Manufacturer's Notice must be provided to the consumer prior to the 
completion of the sales transaction, as defined in this final rule. 
Finally, HUD adds a definition of ``completion of sales transaction'' 
in this final rule, because the cross-reference to Sec.  3282.252(b), 
in the proposed rule, was inapplicable.

V. Discussion of Public Comments Submitted on the Proposed Rule and 
HUD's Responses

    The public comment period for the February 9, 2016, proposed rule 
closed on April 11, 2016. HUD received approximately 5,300 public 
comments in response to the proposed rule. A wide variety of interested 
entities submitted comments, including individuals, homeowners' 
associations, industry groups, state and local governments, and trade 
associations. At the outset, HUD notes that an overwhelming majority of 
these public comments were based on a misunderstanding of the proposed 
rule's intent and legal effect. This misunderstanding was propagated by 
social media, which opined that the rule was intended to increase 
regulation and restrict or prohibit consumer use of RVs and other types 
of housing, such as tiny homes. HUD emphasizes that this rule does not 
affect the use of RVs by consumers. Rather, this final rule clarifies 
the exemption for RVs from HUD manufactured housing regulation.
    This section of the preamble addresses significant issues raised in 
the public comments, and organizes them into subject groups, with a 
description of each group of comments followed by HUD's responses.

A. General Misunderstanding of the Proposed Rule

    Comments: Commenters stated that the rule would prohibit full-time 
RV living. Other commenters stated that the rule implied that HUD would 
regulate consumer use of RVs. Commenters may have based this conclusion 
on the proposed definition of ``recreational vehicle'' that includes a 
criterion that a RV be designed only for recreational use. The 
commenters stated that the criterion would deter full-time RV and tiny 
home living while yielding no safety improvements.
    Many commenters stated that individuals have a right to housing 
choice, including where and how they live, so long as the housing they 
choose is safe and contains necessities. Some commenters shared current 
housing trends toward small homes to base their opposition to the rule. 
Commenters stated that consumers, not HUD, should determine what 
housing should be acceptable for full-time living. Commenters stated 
that there is no harm in full-time RV living.
    Commenters also stated that many people rely on full-time RV living 
as an economic necessity, particularly in high-cost areas. Commenters 
also stated that many people live full-time in RVs, Fifth-Wheel Travel 
Trailers, or tiny homes, and have been doing so for years, particularly 
in warm climates.
    Some commenters stated that RVs are designed for full-time living 
and that many RV parks encourage full-time RV living. Commenters also 
stated that HUD should recognize the many benefits of full-time RV or 
tiny home living, including but not necessarily limited to: Expanding 
access to housing or home ownership, especially for people with limited 
incomes, criminal records, or poor rental histories; homelessness 
prevention; flexible housing for people who are elderly; ease of 
evacuation from natural disasters or terrorism; and individual 
freedom--to live where a person wants, to have pets, to avoid 
environmental contaminants, to live mortgage-free, to have less to care 
for, to live frugally, to practice environmental responsibility, or to 
travel for enjoyment, work, or retirement. Commenters stated that HUD 
should specifically incorporate language into the rule, stating that 
full-time living in RVs remains legal. Commenters stated that HUD 
should not adopt any recommendations from the MHCC, as its agenda is to 
force people into manufactured homes.
    Some commenters stated that because the rule would make it more 
difficult for full-time RV users to maintain their lifestyle, a host of 
detrimental secondary effects would result. For example, commenters 
stated that the rule would worsen homelessness and undermine HUD's 
mission by limiting the supply of affordable housing in the United 
States. Commenters stated that this would disproportionately affect, 
and effectively discriminate against, people who lack financial 
resources or face economic hardship; e.g., people adapting to worsening 
economic conditions, people with disabilities, students with 
significant debt, veterans, senior citizens, and people who must travel 
for their work (and their employers, including national parks). 
Commenters stated that this would also disproportionately affect people 
who live alone and people who want to live frugally or practice 
environmentally responsible living. Commenters stated that the rule 
would inhibit people from retiring, reduce people's financial 
independence, force them into assisted living facilities, and force 
them to choose between housing and other basic necessities, like food, 
medicine, and utilities. Commenters stated that the rule would increase 
burdens already faced by RV residents, including local restrictions on 
parking, minimum size requirements, and zoning laws. Commenters stated 
that in response to the rule, manufacturers will merely adjust the 
square footage of RVs or change their marketing materials.
    Commenters stated that the rule dictates the minimum square footage 
of a home or requires modular homes to be

[[Page 57680]]

as stable as foundation-built homes. A commenter stated that HUD should 
not base its RV exemption on Recreation Vehicle Industry Association 
(RVIA) certification because doing so would have the effect of 
excluding most sport utility RV trailers, including toy hauler sport 
utility RV trailers, RV trailers with garage areas and the large number 
of RV trailers with generators.
    HUD Response: HUD respectfully disagrees with the various 
fundamental premises and conclusions of these commenters about 
secondary effects. Initially, as stated in this preamble, HUD is not 
regulating use of manufactured homes or RVs. More specifically, how 
individuals decide to use their manufactured home or RV unit after 
purchase--and, in some cases, after receiving a Manufacturer's Notice 
about the unit's compliance with RV standards--is beyond the scope of 
this final rule. The regulation of use and occupancy of RVs is the 
purview of state and local authorities, not HUD.
    Because this rule does not prohibit or regulate the use of 
manufactured homes or RVs, including tiny homes, the secondary 
consequences described by certain commenters are moot, and HUD does not 
believe that there exists a need to address them individually. HUD also 
states that this rule does not dictate the minimum square footage of a 
home, nor does it require modular homes to be ``as stable'' as 
foundation-built homes. It also does not require manufacturers to 
obtain RVIA certification to claim the RV exemption. HUD reiterates 
that when it first codified the RV exemption in 1976, it unequivocally 
stated that RVs were not designed to be used as permanent dwellings. 
This final rule does not alter that underlying rationale for the 
exemption. Moreover, as noted above, both the ANSI and NFPA standard 
descriptions underscore the need to distinguish RVs from permanent 
housing.

B. Public Comments in Support of and Against the Rule

1. Comments in Support of the Rule
    Comment: Some commenters stated that they agreed with MHCC's 
recommendations that HUD should not apply HUD's Manufactured Home 
Construction and Safety Standards and its Manufactured Home Procedural 
and Enforcement regulations to RVs, PMRVs, or Fifth-Wheels, because 
such structures are vehicles, not manufactured homes, and they are 
designed and built for temporary recreational or seasonal camping 
accommodation in accordance with widely accepted national standards. 
Commenters also stated that HUD has no role regulating vehicles. Some 
commenters stated that the number of people living full-time in RVs 
constitute a small minority of RV consumers. Other commenters stated 
that the rule will positively discourage full-time residential use, 
protecting consumers and preserving the market for small, single-
section manufactured homes.
    Some commenters stated that HUD's manufactured home regulations 
were created to ensure minimum standards of safety, qualify, and 
affordability in housing designed for permanent residential use--while 
the market also demanded vehicles for recreational and seasonal use--
but that both manufactured homes and RVs evolved and grew larger over 
time, making it more difficult to distinguish them. Several commenters 
stated that dwellings should be classified based on their design 
intent--i.e., whether they are for temporary or permanent use--and not 
on their size. Some commenters stated that those who live full-time in 
RVs constitute a small minority of all RV consumers.
    Commenters also stated that the MHCC's RV definition is 
appropriate, insofar as it reflects a broad consensus among 
stakeholders, regulators, and Congress that regulating RVs is outside 
the scope of HUD's housing mission and is not contemplated by the 
National Manufactured Housing Construction and Safety Standards Act, 
and it allows for RVs and manufactured homes to be more easily 
distinguished. Commenters stated that HUD should not exercise 
regulatory authority over RVs, because they are already extensively 
regulated by the U.S. Department of Transportation and state motor 
vehicle and taxing authorities, and if HUD were to regulate them, it 
would create conflicts. One commenter stated that the rule will 
beneficially deter future requests for regulatory exemptions by 
creating an important regulatory firewall between manufactured housing 
and RVs. Other commenters stated that the rule serves to eliminate 
regulatory uncertainty and the likelihood of congressional inquiries, 
and litigation, by more broadly exempting RVs from HUD's regulations.
    HUD Response: As stated in the proposed rule, HUD agrees with the 
MHCC that the RV exemption should be applied based on the 
manufacturer's design intent, and certification to a consensus-based RV 
building standard. HUD notes that because some RVs meet the statutory 
definition of manufactured home, and would otherwise fall within HUD's 
regulatory jurisdiction, those units require a regulatory exemption to 
avoid being covered under the Act and regulations.
    Comment: Some commenters stated their support for the 
Manufacturer's Notice requirement, because it serves to protect 
consumers from an unregulated class of de facto homes by ensuring 
consumers do not unintentionally purchase homes that are unsafe for 
full-time living or that are actually less valuable than their retail 
price. Commenters also stated that the Manufacturer's Notice provides 
an objective basis for HUD to enforce its regulations in the event of 
false certifications or misuse of the RV exemption.
    HUD Response: HUD welcomes these perspectives and agrees that the 
Manufacturer's Notice requirement is an important tool for ensuring 
that consumers are aware to what standard and purpose the units they 
are purchasing are built.
2. Comments Against the Rule
    Comment: Many commenters stated their general opposition to the 
rule. One commenter stated that rather than revising its RV exemption, 
HUD should eliminate it entirely. Some commenters stated that the rule 
is an example of government overreach, overregulation, or waste of 
resources. Some expressed confusion regarding what problem the rule 
addressed. Others stated that the rule was based on opinion, lacked 
sufficient empirical justification, was disingenuous, was not 
sufficiently considered, or was unclear.
    Many commenters stated that the rule was contrary to law or public 
policy. Some commenters stated that the rule is unconstitutional, e.g., 
due to federalism concerns or because it amounts to a regulatory 
taking. Commenters also stated that the rule exceeds HUD's regulatory 
authority, because only state or local governments should, and already 
do, regulate use of RVs. Some commenters also stated that the rule 
violates the Fair Housing Act. For these reasons, some commenters 
stated that the rule would lead to litigation or consumer claims 
against RV manufacturers.
    Commenters also stated that the rule is vague, e.g., in terms of 
what constitutes ``seasonal'' or ``permanent'' occupancy, and, because 
of this, it is unenforceable, and it will require HUD to hire people to 
enforce it. Commenters stated that it was unclear whether the rule 
applied only to RVs that are permanently placed in a park or 
campground, or also to those being used to travel the country. 
Commenters stated that the rule will lead RV parks to evict residents 
out of fear of legal

[[Page 57681]]

consequences. Commenters stated that some RV manufacturers have been 
marketing their products for full-time living. One commenter stated 
that if HUD will not issue a loan to purchase an RV, then it should not 
be able to regulate RVs. Commenters stated that HUD should exempt from 
its manufactured housing regulations altogether individuals who build 
their own tiny homes.
    HUD Response: As explained above, this rule does not regulate the 
use of manufactured homes or RVs but serves to expand the exemption for 
RVs, and to provide for a clear way of determining whether RVs that 
meet the statutory definition of a ``manufactured home'' are exempt 
from complying with HUD's Manufactured Home Construction and Safety 
Standards and Procedural and Enforcement regulations. The rule does not 
address ``seasonal'' or ``permanent'' occupancy or distinguish between 
RVs that are permanently placed in a park or campground and those being 
used to travel the county. This rule should not be used by RV parks to 
evict residents out of fear of legal consequences.
    HUD's regulation applies to the design and manufacture of 
manufactured homes and by way of this rulemaking allows for exemption 
for manufacturers of RVs that meet the exemption criteria. HUD's rule 
also helps to ensure that consumers are aware of the building standards 
used to construct the unit and the design purpose of the unit that they 
purchase. Both reference standards (ANSI A119.5 and NFPA 1192) contain 
definitions that specify, for both an RV and PMRV, as applicable, that 
the units are primarily designed to provide temporary living quarters. 
Both the manufactured housing and RV industries have expressed 
overwhelming support for this rule.
    HUD reiterates that it is issuing this rule well within the bounds 
of its regulatory authority, and the rule in no way encroaches upon or 
violates the constitutional rights of individuals, businesses, or 
states, and nothing in the rule violates any statute, including the 
Fair Housing Act. HUD additionally notes that the rule could 
potentially lessen the likelihood of litigation or consumer claims 
against RV manufacturers, because the Manufacturer's Notice will 
provide for greater transparency and consumer awareness before 
transactions are complete.
    Moreover, HUD states that the rule provides clear and commonly-used 
standards by which RVs must be manufactured in order to qualify for the 
exemption. Any fears regarding secondary market consequences on 
consumers, RV parks, or insurance or housing financing are both 
unfounded and well outside the scope of this rulemaking. HUD again 
stresses that this rule clarifies the existing RV regulatory exemption 
and does not affect the aforementioned markets.
    Comment: A large number of commenters questioned HUD's intent in 
proposing this rule. Some commenters stated that it was unclear what 
problem HUD hopes to address with this change. Some commenters stated 
that HUD should be required to demonstrate that full-time RV living is 
harmful. Some commenters stated that HUD wants to limit the number of 
RV dwellings or keep people from living in RVs full-time, e.g., in 
order to reform trailer parks. Commenters stated that HUD wants to 
incentivize people to live in public housing or other types of housing 
to allow the government or industry to profit off poor or elderly 
people and others. Commenters suggested that the rule might be the 
result of lobbying by one or more industries that HUD improperly 
favors, e.g., the mortgage or lending industry, home builders, the 
manufactured home industry, the RV industry, mobile home manufacturers, 
PMRV manufacturers, or realtors. Commenters stated that the rule is 
HUD's attempt to penalize people who pay lower or no property taxes.
    HUD Response: As HUD explained in the proposed rule, this rule is 
appropriate, because exempting RVs from manufactured housing 
regulations remains sound policy, and clearer standards are needed to 
further that goal. The rule better differentiates RVs from manufactured 
homes to ensure that HUD does not unnecessarily regulate RVs. HUD 
received feedback from the manufactured housing and recreational 
vehicle industries and the public stating that the existing exemption 
had been difficult to apply, resulting in some RVs and PMRVs being 
manufactured in excess of the RV exemption's 400-square-foot threshold 
because of the addition of porches onto the chassis. As several 
commenters noted, this rule reflects broad consensus among 
stakeholders, regulators, and Congress that regulating RVs is outside 
the scope of HUD's housing mission and not contemplated by the National 
Manufactured Housing Construction and Safety Standards Act; and the 
revised rule allows for RVs and manufactured homes to be more readily 
distinguished. The rule does not incentivize public housing, nor is it 
an attempt to penalize individuals that pay lower or no property taxes. 
Rather than being directed at individuals, the rule is directed at 
manufacturers of manufactured housing and RVs.
    Comment: Several industry commenters disagreed with HUD's inclusion 
of a Manufacturer's Notice as part of the RV exception. Some commenters 
stated their opposition to the Manufacturer's Notice requirement, 
noting, for example, that the MHCC did not recommend the Manufacturer's 
Notice, and that the RVIA certifies 95 percent of PMRVs and 98 percent 
of other RVs, requiring them to contain permanent seals of ANSI and 
NFPA certification respectively, with the same or similar information. 
Commenters stated that if HUD lacks regulatory authority over these 
classes of vehicles, then it should not prescribe or enforce the 
Manufacturer's Notice requirement, because it would lead to improper 
regulation beyond the scope of HUD's statutory authority.
    Commenters stated that HUD should follow the example of state 
regulations and incorporate broader references to the ANSI and NFPA 
standards, e.g., ``the latest edition of . . .'' rather than specific 
editions, to avoid having to issue a new rule each time a standard is 
updated, typically every three years. A commenter stated that HUD's 
reference to the ANSI standard in Sec.  3282.15(b)(3) should be 
corrected to read: ``. . . or ANSI A119.5-15, Park Model Recreational 
Vehicle Standard.''
    HUD Response: The Manufacturer's Notice requirement was not part of 
the recreational vehicle definition recommended by MHCC for purposes of 
revising the RV exemption. However, HUD added the notice requirement as 
a means of ensuring that consumers are aware of the distinctions among 
the products available to them on the market. This is especially true 
because products that qualify for the RV exemption from HUD's 
Manufactured Home Construction and Safety Standards and its 
Manufactured Home Procedural and Enforcement regulations nevertheless 
still fall under HUD's statutory jurisdiction. HUD retains the 
reference to specific editions of the ANSI and NFPA standards because 
it must do so under the Federal Register's rules for incorporation by 
reference of publications, found at 1 CFR part 51. HUD corrects the 
reference to ANSI A119.5-15, Park Model Recreational Vehicle Standard 
in every place where it is mentioned.
    HUD acknowledges that the Manufacturer's Notice prescribed by this 
final rule is similar in content to the one issued by RVIA to its PMRV 
members; however, it also emphasizes two distinctions. First, HUD's

[[Page 57682]]

requirement for a Manufacturer's Notice applies to all RVs built and 
certified to the ANSI A119.5-15 standard and seeking an exemption from 
HUD's Manufactured Home Construction and Safety Standards and its 
Manufactured Home Procedural and Enforcement regulations, not just RVs 
certified by RVIA. Additionally, HUD's Manufacturer's Notice, which is 
required to be placed more conspicuously than the RVIA seal or made 
available prior to the completion of the sales transaction, serves to 
inform consumers directly about the standard to which the prospective 
unit was built, and the purpose for which it was designed. While the 
RVIA seal contains similar language, the purposes of the RVIA seal and 
the Notice are substantially different. RVIA's seal signifies a 
voluntary certification by an RVIA PMRV member to the ANSI A119.5 
standard. The Manufacturer's Notice is specifically designed to ensure 
that consumers are aware to what standard and purpose their prospective 
units are built.
    Comment: Many commenters stated that the rule will have a 
detrimental impact on various segments of the market, the economy, 
industry or consumers. Commenters stated that the rule would make it 
difficult for people to obtain loans or insurance for RVs. Commenters 
stated that the rule would drive up RV costs, because manufacturers 
would need to build them to higher standards for full-time living or 
obtain additional certifications. Commenters stated that the rule would 
permit manufacturers to create inferior products and disclaim them with 
the Manufacturer's Notice prescribed by the rule.
    Commenters stated that by deterring full-time RV living, the rule 
would also have a negative impact on local economies and the United 
States and state and local tourist industries, particularly in warmer 
climates. Commenters similarly stated that the rule will have a 
detrimental impact on various segments of the market, the economy, 
industry or consumers, including manufacturers, the RV industry, RV 
parks, campgrounds. Commenters stated that the rule would force people 
to choose renting over home ownership, which would have the secondary 
effect of causing rent prices to increase.
    HUD Response: As already stated, this rule allows manufacturers to 
choose the standard(s) to which they produce their products, so that 
their design intent is properly reflected in the information they 
provide to consumers, whether the product is manufactured housing 
designed as a primary residence or permanent dwelling and regulated 
under HUD's Manufactured Home Construction and Safety Standards and its 
Manufactured Home Procedural and Enforcement regulations, or is an RV 
designed for recreational use, and not as a primary residence or 
permanent dwelling and exempt from HUD's Manufactured Home Construction 
and Safety Standards and its Manufactured Home Procedural and 
Enforcement regulations by way of its conformance to NFPA or ANSI 
standards. Because the rule has no impact on consumer use, the question 
of its impact on the economy, tourism, or the rental market is outside 
the scope of this rulemaking. The issues HUD seeks to clarify in 
publishing this rule are to: (1) Identify which manufacturing standards 
apply to what structures; and (2) enhance consumer knowledge and 
confidence in their purchases.
    Comment: Some commenters stated that the rule would lead state or 
local governments to adopt changes reflecting HUD's interpretation that 
RVs are not designed for full-time living, which would ultimately lead 
them to prohibit full-time RV living. Commenters stated that such 
entities often incorporate the language of HUD's rule, verbatim, into 
their laws and ordinances. Commenters stated that the rule will lead 
HUD and state or local jurisdictions to question the legality of other 
types of alternative structures, such as tree homes and container 
homes.
    HUD Response: HUD has made it very clear, in this rulemaking and 
elsewhere, including the HUD website and program materials, that the 
intent of HUD's Manufactured Home Construction and Safety Standards and 
its Manufactured Home Procedural and Enforcement regulations, including 
the revised RV exemption under this rule, is to regulate the 
manufacture and installation of manufactured housing and to exempt RVs 
from such HUD regulation.

C. Comments in Response to HUD's Questions

1. Public Comments in Response to HUD's First Set of Questions
    Comment: In response to HUD's first set of questions,\11\ 
commenters provided no specific evidence that the rule would result in 
additional costs to PMRV manufacturers. Commenters further stated that 
RVIA members produce nearly 95 percent of all PMRVs sold in the United 
States. Commenters stated that as a condition of membership, RVIA 
member manufacturers must agree to: (1) Build units in compliance with 
ANSI A119.5; (2) self-certify compliance with ANSI A119.5; display 
RVIA's ANSI compliance seal for PMRVs, which states ``This park model 
RV is designed for temporary recreational, camping, or seasonal use. 
Manufacturer certifies compliance with park model RV standard--ANSI 
A119.5.'' Commenters stated that RVIA conducts 6 or 7 unannounced 
annual compliance inspections at each member's plant(s). Commenters 
stated that in 2015, 3,600 PMRV units were manufactured, and while 
approximately 180 of those may not meet the ANSI A119.5 standard, they 
nevertheless may still be in compliance, due to state and local 
building codes and campground regulations. Commenters stated that 
third-party agencies offer ANSI A119.5 inspections and seals to non-
RVIA members and product liability laws strongly favor ANSI A119.5 
compliance.
---------------------------------------------------------------------------

    \11\ What if any costs beyond the Notice requirements for 
recreational vehicle manufacturers seeking an ANSI A119.5 exception 
would be imposed on recreational vehicle manufacturers as a result 
of the implementation of this proposed rule? Are PMRVs that meet 
HUD's statutory and regulatory definitions of ``manufactured homes'' 
currently being constructed outside the scope of ANSI A119.5? If so, 
how many units are being built? What would be the costs of requiring 
these manufacturers to build to ANSI A119.5 in order to take 
advantage of the exemption? Would it be more efficient and 
advantageous for HUD to exercise direct regulatory oversight over 
this portion of the industry? What would be the costs and benefits 
of doing so?
---------------------------------------------------------------------------

    Commenters stated that HUD's Office of Manufactured Housing is 
charged with regulating the manufactured housing industry, which 
provides permanent housing, and not the RV industry, which provides 
temporary accommodations for recreational and seasonal use. Commenters 
stated that if HUD were to regulate any RVs, it would waste scarce 
resources appropriated by Congress for the regulation of manufactured 
housing.
    HUD Response: HUD appreciates these comments and believes that they 
support the final rule in its current form. Consistent with these 
comments, HUD has decided to clarify the definition of the RV exemption 
so that PMRVs may take advantage of a clearer and simpler RV exemption 
if they would otherwise technically fall within the statutory 
definition of manufactured home.
2. Public Comments in Response to HUD's Second Set of Questions
    Comment: In response to HUD's second set of questions,\12\ 
commenters

[[Page 57683]]

stated that HUD should not require certification of RVs built to the 
NFPA 1192 standard in order to exempt them from HUD's manufactured 
housing standards. Commenters stated that RV trailer types built to the 
NFPA 1192 standard, including travel trailers, Fifth-wheels, and 
folding camping trailers, are vehicles and not manufactured homes. 
Commenters stated that vehicles should not need certification to escape 
classification by HUD as housing, especially since well-established law 
in all 50 states, and the U.S. Department of Transportation, already 
classify RVs as vehicles and not manufactured homes. Commenters stated 
that the Manufacturer's Notice requirement would be redundant, because 
RVIA members comprise 98 percent of the industry, and as a condition of 
membership, RVIA member manufacturers must agree to: (1) Build units in 
compliance with NPFA 1192; (2) self-certify compliance with NPFA 1192. 
Commenters stated that most local and campground regulations require 
NFPA 1192 compliance.
---------------------------------------------------------------------------

    \12\ In what manner, if any, should HUD ensure that recreational 
vehicles conforming to NFPA 1192-2015 be certified to be exempt from 
the provisions of HUD's Manufactured Home Procedural and Enforcement 
Regulations? For example, should HUD require that a Notice of 
certification be provided in each such recreational vehicle built to 
NFPA 1192-15 similar to the Notice being proposed for PMRVs or 
should other methods be considered such as a label to be exempt from 
HUD's regulations?
---------------------------------------------------------------------------

    HUD Response: HUD appreciates these responses and believes that 
they support the final rule in its current form. Consistent with these 
comments, HUD elects not to require a Manufacturer's Notice for RVs to 
be exempted from HUD's Manufactured Home Construction and Safety 
Standards and its Manufactured Home Procedural and Enforcement 
regulations on the grounds that they are built to the NFPA 1192-15 
standard.
3. Public Comments in Response to HUD's Third Set of Questions
    Comment: In response to HUD's third set of questions,\13\ 
commenters stated that HUD should not regulate Fifth-wheels or any 
other type of RV. Commenters stated that even deeming a Fifth-wheel 
camper ``not for full-time occupancy'' would be inappropriate, because 
Fifth-wheels are already regulated as vehicles and not as housing. 
Commenters stated that the National Highway Traffic Safety 
Administration (NHTSA), the U.S. Department of Transportation, and all 
50 states define and regulate Fifth-wheel RVs as motor vehicles, 
regardless of how long people spend in them, and on the clear 
understanding that they are not permanent housing. Commenters stated 
that NHTSA, which administers the Federal Motor Vehicle Safety 
Standards (FMVSS), requires Fifth-wheel manufacturers to register as 
vehicle manufacturers, and subjects them to the same vehicle recall 
requirements as cars, trucks, and buses. Commenters stated that states 
require Fifth-wheel vehicles to comply with maximum vehicle dimensions, 
titling and registration requirements, taxation, tag statutes, and 
licensed vehicle manufacturers and dealer requirements. Commenters 
stated that since HUD last updated the RV definition for purposes of 
the exemption, most states have increased maximum vehicle widths to 8.5 
feet and maximum lengths to more than 45 feet, yielding combination 
vehicle lengths of more than 65 feet. Commenters stated that Fifth-
wheels do not become manufactured homes simply because industry created 
larger versions of them, nor because states increased the maximum 
allowable size of vehicles. Commenters stated that regulation of Fifth-
wheel trailers or other classes of vehicles is clearly not a logical 
outgrowth of the proposed rule, because the proposed rule nowhere 
defines Fifth-wheel trailers; nor does it offer any justification or 
cost-benefit analysis relating to regulation of Fifth-wheel trailers as 
housing; nor does it describe or detail specific regulations that would 
apply to Fifth-wheel trailers; nor does it offer any rationale for 
treating Fifth-wheel trailers differently from other RVs. Commenters 
stated that if HUD were to regulate Fifth-wheel trailers, it would be 
an example of mission creep or ``bait-and-switch.'' One commenter, on 
the contrary, stated that Fifth-wheel trailers should be distinguished, 
because they are recreational camp trailers and not RVs.
---------------------------------------------------------------------------

    \13\ As described in the preamble to this proposed rule, HUD has 
not exercised regulatory oversight over Fifth Wheel Recreational 
Vehicles that might meet the statutory and regulatory definitions of 
``manufactured home.'' This proposed rule proposes to except Fifth 
Wheel Recreational Vehicles from regulatory oversight. Should HUD 
take a different approach and begin exercising regulatory oversight 
of these units that meet the statutory and regulatory definitions of 
``manufactured home?'' What are the costs and benefits of bringing 
these units within HUD oversight? Should HUD exercise any regulatory 
authority over Fifth Wheelers or other forms of recreational 
vehicles?
---------------------------------------------------------------------------

    HUD Response: HUD appreciates these responses and believes that 
they support the final rule in its current form. Consistent with these 
comments, HUD elects not to exercise direct regulatory oversight over 
Fifth-wheel trailers and instead to allow them to take advantage of a 
bright-line RV exemption if they would otherwise technically fall 
within the statutory definition of manufactured home.

D. Public Comments Offering Recommendations

    Comment: Commenters stated that HUD should affirmatively state in 
the rule that it does not regulate RVs and revise the regulatory text 
and preamble to state that HUD's definition of RV is for the express 
purpose of exempting RVs from manufactured home requirements and, in 
effect, any regulation by HUD. Commenters stated that HUD should make 
explicit that its Office of Manufactured Housing Programs has no 
authority to regulate consumer use of RVs. Commenters stated that HUD 
should affirmatively specify that RVs may be used as a primary 
residence or for permanent occupancy. Commenters stated that HUD should 
specifically define RVs as permanent dwellings. Commenters stated that 
HUD should make explicit that the rule is not intended and should not 
be interpreted to involve HUD in the regulation of consumer use, 
particularly if HUD's intent is only to develop and enforce 
manufactured housing standards. Commenters stated that HUD should state 
that the rule cannot be used by any entity to impede people from living 
in small dwellings, whether RVs or not. A commenter stated that HUD 
should not regulate any structure that can hitch up to a pickup truck 
or be driven independently. Commenters stated that HUD should focus on 
the issue of RVs exceeding 400 square feet, e.g., by ensuring that 
patio roofs, screened-in porches, and other outdoor areas or slide-outs 
are not counted as living space or by increasing the RV exemption size 
to 460 square feet. Commenters stated that if HUD requires a sharper 
distinction between RVs and manufactured homes, it should clarify 
differences between foundations and leveling techniques, e.g., if a 
home has wheels, it should be classified as a vehicle, and if has a 
foundation, it should be classified as a manufactured home. Some 
commenters stated that dwelling classification should only be done by 
local authorities, and it should take into account differences in local 
climates. Some commenters stated that dwellings should be classified 
based on square footage per inhabitant. Some commenters stated that if 
the problem with RVs is poor construction, then HUD should set 
guidelines and conduct inspections, e.g., regulate the RV industry 
more, and not less.
    Commenters stated that HUD should not include in the definition of 
``recreational vehicle'' that it is a non-permanent dwelling or 
otherwise reference the duration a user dwells within an RV. Commenters 
stated that

[[Page 57684]]

HUD should specifically strike from its RV definition at 24 CFR 
3282.15(b)(2): Subparagraph (2) in its entirety, or ``. . . only for 
recreational use . . .'' or ``. . . Designed only for recreational use 
and not as a primary residence or for permanent occupancy . . .'' \14\ 
Commenters stated that HUD should clarify the rule's effects on all 
structures, including RVs, mobile homes, mobile trailers, mobile tiny 
homes, and fixed tiny homes less than 400 square feet in size. 
Commenters stated that HUD should better distinguish PMRVs from other 
classes of RVs. Commenters stated that HUD should require PMRVs to meet 
standards rather than be exempted from them. Commenters stated that HUD 
should use frequency of moves, or movability, to distinguish RVs from 
manufactured housing. A commenter stated that HUD should specifically 
exempt RVs that remain stationary for seven or fewer consecutive 
months, regardless of whether an individual resides in them full-time.
---------------------------------------------------------------------------

    \14\ 24 CFR 3282.15(b) reads in part: ``Definition. A 
Recreational Vehicle is: . . . (2) Designed only for recreational 
use and not as a primary residence or for permanent occupancy . . 
.''
---------------------------------------------------------------------------

    HUD Response: As stated above, HUD takes the opportunity in this 
final rule to emphasize that while it possesses statutory authority to 
regulate the manufacture of certain RVs that meet the statutory 
definition of manufactured home, it nevertheless believes that 
exercising such authority is currently unnecessary. HUD believes that 
the non-permanent design intent of RVs favors that they be exempt from 
such regulation, even in cases where they fall within the statutory 
definition of ``manufactured home.'' Accordingly, HUD takes this 
opportunity to state that while it possesses statutory authority to 
regulate the manufacture of certain types of RV, it declines to do so 
by clarifying--and effectively broadening--the RV exemption and by 
requiring PMRV manufacturers claiming the exemption to notify consumers 
as to the standards their unit is built to, as well as the unit's 
design and appropriate use. HUD also believes it would be inappropriate 
to use other criteria recommended by commenters, such as movability, to 
distinguish exempted RVs from regulated manufactured homes. Because 
ANSI A119.5-15 sets forth a maximum size of 400 square feet, excluding 
porches, size will continue to be a factor in defining the exemption 
for a Park Model RV. HUD reiterates that its goal is to establish a 
broad, easily applied exemption for purposes of its own regulatory 
activities. HUD maintains statutory jurisdiction over the manufacture 
and installation of all structures falling within the statutory 
definition of ``manufactured home,'' but it elects not to regulate all 
structures that qualify for the RV exemption. However, HUD's OMHP will 
continue to regulate those structures that do not qualify for the RV 
exemption from HUD's Manufactured Home Construction and Safety 
Standards and its Manufactured Home Procedural and Enforcement 
regulations. As stated above, HUD has no authority to dictate how its 
rule is used by other entities, including state and local governments, 
to formulate or interpret their own rules.
    Comment: Some commenters recommended that HUD amend the definition 
of ``recreational vehicle'' in order to exempt recreational vehicles 
beyond those that are factory-built.
    HUD Response: HUD appreciates these comments and upon further 
consideration agrees that some non-factory-built RVs should qualify for 
the exemption, if they were manufactured in non-factory facilities and 
still meet all of the remaining exemption requirements. Accordingly, 
HUD removes the term ``factory built'' from the definition of 
``recreational vehicle.''
    Comment: Commenters stated that for accuracy and clarity, HUD 
should amend the definition of ``recreational vehicle'' by substituting 
the word ``vehicle'' for ``vehicular structure,'' on the grounds that 
states and municipalities classify RVs as vehicles--and RV 
manufacturers and dealers as ``vehicle'' manufacturers and dealers--for 
purposes of regulation and taxation.
    HUD Response: HUD appreciates these comments and agrees that 
``vehicle'' is an equally appropriate and widely-recognized term. 
Accordingly, HUD is including both the terms ``vehicle'' and 
``vehicular structure'' in the definition of a ``recreational 
vehicle.''
    Comment: Commenters stated that HUD should make null and void 
existing manufactured housing regulations for snow load and roof slope.
    HUD Response: This comment is beyond the scope of this rulemaking.
    Comment: Commenters stated that it was unclear whether the rule 
applied only prospectively, or also retrospectively. Commenters stated 
that HUD should ``grandfather'' older products or have a delayed 
compliance date of two years after this rule's publication.
    HUD Response: Because this rulemaking only affects the manufacture 
of RVs, providing a clause ``grandfathering'' older products would have 
no effect. Similarly, because the only new requirement imposed by the 
rule is the inclusion of a printed Manufacturer's Notice in certain 
units, HUD finds that there is no need for a delayed compliance date. 
As HUD states in the preamble, the Manufacturer's Notice requirement 
under this rule applies to all covered units, beginning with the first 
unit to leave production on the 60-day effective date. This provides 
manufacturers with sufficient notice to identify which units require 
the Manufacturer's Notice and include the Notice in those units prior 
to their leaving production.
    Comment: Commenters stated that HUD should disclose all who 
participated in the formulation of the proposed rule.
    HUD Response: As discussed above, HUD formulated its proposed rule 
based on a recommendation by the Manufactured Housing Consensus 
Committee (MHCC). MHCC members are appointed by the HUD Secretary based 
on selection procedures published by the American National Standards 
Institute (ANSI) or successor organization as modified by the Act. The 
MHCC has 21 members at any given time, with seven members in each of 
the following categories: (1) Producers or retailers of manufactured 
housing; (2) users, representing consumer interests, such as consumer 
organizations, recognized consumer leaders, and owners who are 
residents of manufactured homes; and (3) general interest and public 
official members, three of whom must be public officials. All MHCC 
meetings are announced in the Federal Register and are open to the 
public. In this final rulemaking, HUD further takes into account public 
comment received on the proposed rule.

E. Public Comments Regarding Other Issues

    ``Tiny home,'' while not formally defined, generally refers to a 
type of home that is compact (usually below 400 square feet), on 
wheels, and intended for permanent residence. These tiny homes are 
gaining popularity even though most are built by do-it-yourself 
builders and do not conform to any established building code or 
construction standard for safety. The majority of these homes are built 
and occupied in ways that do not meet construction standards for 
recreational vehicles (RVs), which are designed for use as temporary 
living quarters for non-commercial, recreational and/or camping use. 
They also do not meet construction standards for a manufactured home, 
which is a

[[Page 57685]]

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 and designed to be used as a 
dwelling with or without a permanent foundation when connected to the 
required utilities, and includes the plumbing, heating, air 
conditioning, and electrical systems contained in the structure 
``except that such terms shall include any structure which meets all 
the requirements of this paragraph except the size requirements and 
with respect to which the manufacturer voluntarily files a 
certification required by the Secretary and complies with the standards 
established under this title.'' 42 U.S.C. Section 5402(6). Sizes of 
tiny homes can range from around 80-500 square feet in floor area.
    Comment: Commenters stated that HUD should investigate and support 
the burgeoning ``tiny home'' movement, especially as a potential 
solution to the problem of homelessness. Commenters stated that tiny 
homes should not be classified as RVs, and HUD should better 
distinguish tiny homes from RVs. Commenters stated that HUD should set 
standards for or regulate tiny homes, even if they fall outside the 
current scope of regulation for manufactured housing or do not fall 
within the RV exemption. Commenters stated that HUD should define tiny 
homes as permanent dwellings. Commenters stated that HUD should 
regulate tiny homes as manufactured housing. Commenters stated that 
MHCC should define tiny homes as manufactured homes.
    One commenter stated that HUD should broaden the definition of 
manufactured housing to include tiny homes, including those that are 
under 400 square feet, those that are built by manufacturers, and those 
that are built by so-called ``do-it-your-selfers,'' assuming that they 
meet or exceed ANSI standards, other than square footage, and are built 
on a trailer frame, a foundation, a boat, or piers. Commenters stated 
that such tiny homes are fit for year-round use, and should be 
recognized as such, particularly if they are insulated and include 
heating and cooling systems. Commenters stated that HUD regulation of 
tiny homes would make it easier for states and municipalities to 
recognize tiny homes as legitimate year-round, permanent dwellings, and 
it would make it easier for tiny house owners to obtain insurance 
policies.
    Commenters stated that there are currently no safety, construction, 
or energy efficiency standards specifically and uniformly being applied 
to tiny homes. Commenters stated that the National Organization of 
Alternative Housing (NOAH) already encourages the tiny home industry to 
self-regulate using various standards, e.g., National Highway Traffic 
Safety Administration (NTSHA), NFPA 1192-2015, NFPA 70/National 
Electrical Code (NEC), and American Tiny House Association (ATHA). 
Commenters stated that tiny homes are designed more for full-time or 
permanent living than RVs, that they are often built to code with 
durable materials, that they typically exceed RV standards like ANSI 
and NFPA, that they are typically smaller than manufactured homes, 
e.g., less than 250 square feet, and that they have their own 
standards. One commenter cited to NOAH as one viable standard. 
Commenters stated that cities like Austin, Texas, Nashville, Tennessee, 
Olympia, Washington, Ithaca, New York, and Portland, Oregon, use tiny 
homes as an important tool to combat homelessness, e.g., by 
establishing tiny home shelters.
    A commenter stated that HUD should create a new and separate 
exemption for tiny homes, to define them in a fashion similar to the 
definition of RV under the prior exemption at 24 CFR 3282.8; e.g., with 
a maximum dimension of between 240 and 320 square feet, built on a 
single chassis, and permanently towable by a light-duty truck. The 
commenter stated that most tiny homes are no larger than 28 by 8 feet 
and built on a single chassis. The commenter stated that this exemption 
would not apply to larger PMRVs, but it would provide a safe harbor for 
innovation. The commenter stated that the proposed rule's reliance on 
permanent versus recreational design intent is unnecessarily vague and 
discourages the use of energy-efficient insulation.
    HUD Response: As stated above, HUD currently regulates as 
manufactured housing only those structures that are built on a 
permanent chassis and that ``in traveling mode, [are] eight body feet 
or more in width or forty body feet or more in length or, when erected 
on site, [are] three hundred twenty or more square feet.'' Accordingly, 
HUD lacks jurisdiction to regulate any tiny home that is less than 
eight body feet in width, 40 body feet in length, or 320 square feet, 
or any tiny home that is built on a foundation without a permanent 
chassis. While this statutorily precludes HUD from regulating many tiny 
homes, manufacturers can voluntarily opt-in to regulation by HUD (See 
42 U.S.C. 5402(6)).
    That said, HUD is considering whether it should develop Federal 
Manufactured Home Construction and Safety Standards to allow 
manufactured homes with reduced dimensions and design requirements to 
be built to a national preemptive HUD standard. Additionally, the 
International Code Council (ICC) has recently considered a ``tiny house 
appendix,'' which is incorporated into the 2018 International 
Residential Code. HUD will consider other appropriate measures, 
including potential rulemaking related to tiny homes, as it receives 
new information.
    Comment: Many commenters stated their concern that the rule could 
have negative consequences for the tiny home community. Commenters 
stated that the rule would have the effect of banning tiny homes. 
Commenters stated that HUD should not regulate tiny homes at all. 
Commenters stated that by requiring compliance with either ANSI/NFPA 
standards or HUD's Manufactured Home Construction and Safety Standards 
and its Manufactured Home Procedural and Enforcement regulations, HUD 
would extinguish the community of small-scale hobbyist and small-
business builders of tiny homes, which would in turn kill innovation in 
construction and manufacturing--particularly given that the exemption 
as stated in the proposed rule only applies to factory-built 
structures. Commenters stated that by restricting the tiny home 
movement, the rule would allow other countries to gain tiny home 
advantages over the United States.
    HUD Response: As already discussed, it is neither HUD's intention 
nor goal with this rule to regulate temporary, recreational structures 
in the form of RVs. At the same time, HUD is cognizant of the increased 
popularity of so-called ``tiny homes,'' many of which are purported to 
be built to the ANSI A119.5 Park Model Recreational Vehicle standard. 
HUD believes that consumers should be fully aware of the construction 
standard used to build a particular product at the time of purchase. If 
a tiny home is a ``manufactured home'' as defined by statute, then it 
can be regulated as manufactured housing, unless it also falls within 
HUD's regulatory exemption for recreational vehicles as provided by 
this final rule. If a tiny home is not a ``manufactured home'' as 
defined by statute, then HUD does not have authority to regulate its 
construction under its Manufactured Home Construction and Safety 
Standards and its Manufactured Home Procedural and Enforcement 
regulations. It is also important that the general public be aware that 
HUD regulates manufacturers

[[Page 57686]]

of manufactured homes, as defined by statute.

VI. Incorporation by Reference

    This rulemaking incorporates by reference ANSI A119.5-15 and NFPA 
1192-15 consensus standards for Recreational Vehicles. The Recreation 
Vehicle Industry Association (RVIA) sponsors and is accredited to 
manage the ANSI A119.5 Park Model Recreational Vehicle Standard, which 
is designed specifically for PMRVs. According to the RVIA, ``[m]embers 
of the engineering profession and others associated with the design, 
manufacture, and inspection of Park Model Recreational Vehicles have 
been aware of the need for a standard providing for healthful and safe, 
portable, seasonal housing, arranged and equipped to assure suitable 
living conditions. They have also recognized that because of conditions 
of transport, size, and use, existing standards for permanent buildings 
and recreational vehicles are not completely applicable to Park Model 
RVs. It is with these factors in mind that this standard has been 
developed.'' \15\ Specifically, the ANSI A119.5-15 standard covers fire 
and life safety criteria and plumbing for PMRVs considered necessary to 
provide a reasonable level of protection from loss of life from fire 
and explosion.
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    \15\ See RVIA, Standard for Park Model Recreational Vehicles, 
http://www.rvia.org/UniPop.cfm?v=2&OID=6772&CC=7040.
---------------------------------------------------------------------------

    The National Fire Protection Association (NFPA) develops and 
maintains the NFPA 1192 Standard on Recreational Vehicles. According to 
NFPA, ``Those members of the engineering profession and others 
associated with the design, manufacturing, and inspection of 
recreational vehicles have been aware of the need for uniform technical 
standards leading to the proper use of this special type of equipment. 
They also have recognized that, because of conditions of transport, 
size, and use, existing standards for motor vehicles or permanent 
buildings are not completely applicable to recreational vehicles.'' 
\16\ The NFPA 1192-15 standard provides the minimum construction 
standards considered necessary to protect against loss of life from 
fire and explosion for non-Park Model Recreational Vehicles.
---------------------------------------------------------------------------

    \16\ See http://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards?mode=code&code=1192.
---------------------------------------------------------------------------

    Incorporated standards have the same force and effect as 24 CFR 
part 3282, except that whenever reference standards and 24 CFR part 
3282 are inconsistent, the requirements of 24 CFR part 3282 prevail to 
the extent of the inconsistency. The Department will enforce the listed 
editions of incorporated material. Where two or more incorporated 
standards are equivalent in application, the manufacturer may use 
either standard.
    HUD has worked with both organizations to ensure that both ANSI 
A119.5-15 and NFPA 1192-15 are available via read-only, electronic 
access. NFPA 1192-15 is available at http://www.nfpa.org/freeaccess. 
ANSI A119.5-15 is available for review at www.rvia.org/?ESID=A119. 
Additionally, interested parties have access to the standards through 
their normal course of business.

VII. Findings and Certifications

Executive Order 12866 and Executive Order 13563

    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 order. 
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.
    This rule is a significant regulatory action under section 3(f) of 
Executive Order 12866, Regulatory Planning and Review, and was formally 
reviewed by the OMB. This rule revises the definition of recreational 
vehicle to clarify the types of recreational vehicles exempted from 24 
CFR parts 3280 and 3282. In the past, both consumers and manufacturers 
of recreational vehicles have questioned whether certain recreational 
vehicles are subject to HUD's Construction and Safety Standards, 
codified in 24 CFR part 3280 (the HUD Code), and HUD's Manufactured 
Home Procedural and Enforcement regulations, codified in 24 CFR part 
3282. This rule will provide that a recreational vehicle is exempted 
from HUD's Manufactured Home Construction and Safety Standards and its 
Manufactured Home Procedural and Enforcement regulations if the unit is 
built in conformance with either NFPA 1192-15, Standard on Recreational 
Vehicles, or ANSI A119.5-15, Park Model Recreational Vehicle Standard.

Executive Order 13771 and Executive Order 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. 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. This final rule is considered 
an Executive Order 13771 deregulatory action. Details on the estimated 
cost savings of this proposed rule can be found in the rule's economic 
analysis.

Summary of Benefits and Costs of Final Rule

Exemption Criteria
    Under this rule, self-propelled RVs qualify for the RV exemption, 
insofar as they meet all three RV exemption criteria by definition. For 
towable RVs, however, the standard for the RV exemption is clarified to 
provide that the RV must be designed, built, and certified in 
accordance with one of two national standards: NFPA 1192-15, Standard 
for Recreational Vehicles; or ANSI A119.5-15, Park Model Recreational 
Vehicle Standard. These standards are already being used by the 
Recreation Vehicle Industry Association (RVIA) in its standards, 
inspection, and self-certification process. HUD concludes that the 
exemption criteria for towable RVs impose negligible costs on the 
market of RV manufacturers and consumers.
    As far as benefits of the new exemption criteria on the market are 
concerned, the rule provides regulatory clarity to both RV 
manufacturers and consumers. HUD's Office of Manufactured Housing 
receives approximately 4-6 complaints per year

[[Page 57687]]

on the topic of RVs. In reviewing these complaints, HUD has determined 
that some come from manufacturers questioning whether a competitor's RV 
product is exempt from HUD's manufactured housing regulations. These 
manufacturers may be unsure of the scope of the exemption and feel that 
the RV in question meets the statutory definition of manufactured 
housing and does not satisfy the existing RV exemption. Complaints also 
have been submitted by consumers, who experience difficulty in 
determining whether their RVs meet the statutory definition of 
manufactured housing and are suitable for full-time living. This final 
rule provides both manufacturers and consumers additional clarity to 
make informed decisions without additional help from HUD.
Manufacturer's Notice
    The Manufacturer's Notice, required for an ANSI-certified PMRVs to 
be exempt from HUD manufactured housing regulation, imposes a 
negligible or nonexistent burden on industry and provides informational 
benefit to consumers. RVIA already requires a seal to be affixed to 
PMRVs meeting the ANSI standard. RVIA's own statement in support of 
this rule indicates that there will be no additional cost as a result 
of this notice. RVIA's current seal does not satisfy HUD's standard for 
the Manufacturer's Notice, however, which provides specific 
requirements regarding the content and prominence of the notice and 
which requires the notice to be prominently displayed in the unit and 
delivered to the consumer before the sale transaction is complete, 
regardless of whether the transaction occurs online or in person.
    Nevertheless, HUD's Manufacturer's Notice requirement is not 
burdensome. A PMRV manufacturer could satisfy this requirement with at 
most two printed sheets of paper per PMRV: One in the kitchen, and one 
delivered to the consumer before the transaction. These sheets could be 
identical for every PMRV and would not need to be modified between 
sales. In the case of an online transaction, the seller could deliver 
the notice to the purchaser by email or include the notice as a 
document in the transaction process and leave the notice in the 
kitchen.
    RVIA data show that about 4,000 PMRVs are sold each year by 22 
manufacturers. The costs of ensuring that a notice is printed, included 
within a sales packet, and left in the PMRV kitchen are negligible. A 
simple calculation is that 22 quality managers, one at each PMRV 
manufacturer, will prepare a manufacturer's notice and include it in 
their manufacturer information and sales packet, spending up to one 
hour in the process. A Bureau of Labor Statistics estimate for a 
quality manager (Managers--All other) mean wage is $54.41 as of May 
2017. A loaded wage may be double that. In this scenario, 22 quality 
managers might incur a cost of $2,394, if this task took them a full 
hour each year. Printing 8,000 sheets of paper at $0.10 each, a 
conservative estimate, would yield an additional cost of $800.
Conclusion
    This rule can be considered deregulatory, as it imposes only de 
minimis new costs and creates potential cost savings for consumers and 
manufacturers by providing additional clarity to inform production and 
purchasing of RVs. In practice, HUD has not exercised regulatory 
oversight over RV manufacturers and only seeks to update its 
regulations to conform to its existing practices. The new exemption 
criteria are less exacting than the existing criteria, and possibly 
than industry self-regulation as well. The requirement for a 
Manufacturer's Notice in the case of PMRVs comes at negligible cost, 
estimated conservatively at less than $4,000 per year for the entire RV 
industry. This cost will be easily outweighed by the regulatory clarity 
that the exemption provides to the RV industry and consumers.

Impact on Small Entities

    The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) 
generally requires an agency to conduct a regulatory flexibility 
analysis of any 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 rule will not have a significant 
economic impact on a substantial number of small entities.
    This rule is intended to clarify and effectively expand the RV 
exemption and ensure that RV manufacturers have a clear understanding 
of which units qualify to be exempt. In addition to benefiting the 
consumer by providing clarity regarding the manufactured housing 
standards used to construct the unit, this rule would reduce the 
paperwork burden and costs of construction delays on RV manufacturers.
    As noted above, there are 22 manufacturers. The small business size 
standard is 1,000 employees for NAICS Code 336211. Pursuant to the 
small business size standard, 14 of the 22 manufacturers are small. The 
final rule would apply to all of them. However, the economic impact 
will not be significant. This rule's notice requirement, the 
Manufacturer's Notice in question, may be produced and displayed within 
a unit at $1.00 expense for each unit to the manufacturer. The average 
small business will need to prepare an estimated 300 notices per year. 
As such, a small business may incur $150 in additional costs. Easing 
the process for RV certification assists manufacturers, while the 
Manufacturer's Notice requirement supports achievement of the goal of 
ensuring a clear distinction between RV structures and residential 
manufactured housing. Accordingly, the undersigned certifies that this 
rule would not have a significant economic impact on a substantial 
number of small entities.

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 the private sector. This rule does not impose 
any federal mandates on any state, local, or tribal governments or the 
private sector within the meaning of the UMRA.

Paperwork Reduction Act

    The information collection requirements contained in this 
regulation have been approved by OMB under the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501-3520) and assigned OMB Control Number 2502-NEW. 
In accordance with the Paperwork Reduction Act, HUD 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 OMB 
control number.
    In its proposed rule, HUD estimated the burden of information 
collection in the rule and solicited public comments on that estimate. 
HUD received several public comments regarding the information 
collection estimate. One comment stated that HUD's proposed information 
collection was accurate and necessary to carry out the purposes of the 
proposed rule. Several others, as part of a letter writing campaign, 
stated that HUD's proposed collection would not enhance the quality, 
utility and clarity of the information to be collected. HUD considered 
the comments and concludes that the Manufacturer's Notice provides 
important information to prospective purchases of Park Model RVs that 
may otherwise be uninformed about the design of Park Model RVs for

[[Page 57688]]

recreational use and temporary occupancy. HUD did not receive any 
comments from OMB. In this final rule, HUD is updating its information 
collection analysis based on current RV industry data. Specifically, 
HUD has confirmed that the number of RV manufacturers that build and 
ship Park Model RV's, in accordance with ANSI-A119.5-15, total 
approximately 22 manufacturers. HUD has also updated the burden 
estimate necessary for each affected manufacturer to provide 2 copies 
of the manufacturer's notice (see Sec.  3282.15(c)).

Environmental Impact

    A Finding of No Significant Impact (FONSI) with respect to the 
environment was made at the proposed rule stage in accordance with HUD 
regulations in 24 CFR part 50 that implement section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). That 
FONSI remains applicable to this final rule and is available for public 
inspection during regular business hours in the Regulations Division, 
Office of General Counsel, Department of Housing and Urban Development, 
451 7th Street SW, Room 10276, Washington, DC 20410-0500. Due to 
security measures at the HUD Headquarters building, please schedule an 
appointment to review the FONSI by calling the Regulations Division at 
202-402-3055 (this is not a toll-free number).

Federalism Impact

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either (1) imposes substantial direct compliance costs on state and 
local governments and is not required by statute, or (2) the rule 
preempts state law, unless the agency meets the consultation and 
funding requirements of section 6 of the Executive Order. This rule 
does not have federalism implications and does not impose substantial 
direct compliance costs on state and local governments or preempt state 
law within the meaning of the Executive Order.
    The Catalog of Federal Domestic Assistance number for the 
Manufactured Housing Program is 14.171.

List of Subjects in 24 CFR Part 3282

    Administrative practice and procedure, Consumer protection, 
Incorporation by reference, Intergovernmental relations, 
Investigations, Manufactured homes, Reporting and recordkeeping 
requirements.

    Accordingly, for the reasons stated in the preamble, HUD amends 
part 3282 of Title 24 of the Code of Federal Regulations, as follows:

PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS

0
1. The authority citation for part 3282 is revised to read as follows:

    Authority: 28 U.S.C. 2461; 42 U.S.C. 3535(d), 5403, and 5424.


Sec.  3282.8  [Amended]

0
2. In Sec.  3282.8, remove and reserve paragraph (g).

0
3. Add Sec.  3282.15 to subpart A to read as follows:


Sec.  3282.15  Exemption for recreational vehicles

    (a) Exemption. A recreational vehicle that meets the requirements 
of this section is exempt from 24 CFR parts 3280 and 3282.
    (b) Definition. A recreational vehicle is:
    (1) A vehicle or vehicular structure not certified as a 
manufactured home;
    (2) Designed only for recreational use and not as a primary 
residence or for permanent occupancy; and is either:
    (i) Built and certified in accordance with either NFPA 1192 
(incorporated by reference, see Sec.  3282.16) or ANSI A119.5 
(incorporated by reference, see Sec.  3282.16) as provided by paragraph 
(c) of this section; or
    (ii) Any vehicle which is self-propelled.
    (c) Notice and certification requirements. In order for the 
exemption to apply to an ANSI A119.5-15 certified recreational vehicle, 
a Manufacturer's Notice must be delivered to the consumer prior to the 
completion of the sales transaction. The Manufacturer's Notice must 
also be prominently displayed in a temporary manner in the kitchen 
(i.e., countertop or exposed cabinet face). The Manufacturer's Notice 
must meet the following requirements:
    (1) Title of Manufacturer's Notice. The title of the Manufacturer's 
Notice shall be ``*****MANUFACTURER'S NOTICE*****'' which shall be 
legible and typed using bold letters at least 1 inch in size.
    (2) Content of Notice. The content of the Manufacturer's Notice 
text shall be as follows:
    The Manufacturer of this unit certifies that it is a Park Model 
Recreational Vehicle designed only for recreational use, and not for 
use as a primary residence or for permanent occupancy. The manufacturer 
of this unit further certifies that this unit has been built in 
accordance with the ANSI A119.5-15 consensus standard for Park Model 
Recreational Vehicles.
    (3) Text of Notice. The text of the Manufacturer's Notice, aside 
from the Manufacturer's Notice's title shall be legible and typed using 
letters at least \1/2\ inch in size.
    (4) Removal of Manufacturer's Notice. The Manufacturer's Notice 
shall not be removed by any party until the entire sales transaction 
has been completed.
    (5) Completion of sales transaction. A sales transaction with a 
Park Model Recreational Vehicle purchaser is considered completed when 
all the goods and services that the dealer agreed to provide at the 
time the contract was formed have been provided. Completion of a retail 
sale will be at the time the dealer completes installation of the Park 
Model Recreational Vehicle, if the dealer has agreed to provide the 
installation, or at the time the dealer delivers the recreational 
vehicle to a transporter, if the dealer has not agreed to transport or 
install the Park Model Recreational Vehicle. The sale is also complete 
upon delivery to the site if the dealer has not agreed to provide 
installation as completion of sale.

0
4. Add Sec.  3282.16 to subpart A to read as follows:


Sec.  3282.16  Incorporation by reference

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, the Department must publish a document in 
the Federal Register and the material must be available to the public. 
All approved material is available for inspection at the Office of 
Manufactured Housing Programs, Manufactured Housing and Construction 
Standards Division, U.S. Department of Housing and Urban Development, 
451 7th Street SW, Room B-133, Washington, DC 20410, 202-402-5216, and 
is available from the sources listed below. Copies of incorporated 
standards that are not available from their producer organizations may 
be obtained from the Office of Manufactured Housing Programs. These 
standards are also available for inspection at the National Archives 
and Records Administration (NARA). For more information on the 
availability of this material at NARA, call 202-741-6030 or go to 
http://

[[Page 57689]]

www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169, telephone number 800-344-3555, website http://www.nfpa.org.
    (1) NFPA 1192, Standard on Recreational Vehicles, 2015 Edition, 
issued August 14, 2014, IBR approved for Sec.  3282.15(b).
    (2) [Reserved]
    (c) Recreational Vehicle Industry Association (RVIA), 1896 Preston 
White Drive, Reston, VA 20191, telephone number 703-620-6003, website 
http://www.rvia.org.
    (1) ANSI A119.5: Park Model Recreational Vehicle Standard, 2015 
Edition, ANSI-approved April 7, 2015, IBR approved for Sec.  
3282.15(b).
    (2) [Reserved]

    Dated: November 8, 2018.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2018-24950 Filed 11-15-18; 8:45 am]
BILLING CODE 4210-67-P