Office of the Assistant Secretary for Housing-Federal Housing Commissioner; Federal Manufactured Housing Program; Streamlining Final Rule

SUMMARY: This final rule amends HUD's regulations for the program

operated under the National Manufactured Housing Construction and

Safety Standards Act of 1974. In an effort to comply with the

President's regulatory reform initiatives, this rule will streamline

the regulations in parts 3282 and 3283, concerning manufactured

housing, by eliminating provisions that are repetitive of statutes,

provide only guidance, or are otherwise unnecessary. This final rule

will make the program regulations clearer and more concise.

EFFECTIVE DATE: April 15, 1996.

FOR FURTHER INFORMATION CONTACT: David R. Williamson, Director, Office

of Consumer and Regulatory Affairs, Department of Housing and Urban

Development, L'Enfant Plaza North, Suite 3214, Washington, D.C.

(mailing address: Room B-133, HUD Building, Washington, D.C. 20410-

8000); telephone number: (202) 755-7420 (this is not a toll-free

number). For hearing- and speech-impaired persons, this number may be

accessed via TDD by calling the Federal Information Relay Service at 1-

800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

On March 4, 1995, President Clinton issued a memorandum to all

Federal departments and agencies regarding regulatory reinvention. In

response to this memorandum, the Department of Housing and Urban

Development conducted a page-by-page review of its regulations to

determine which can be eliminated, consolidated, or otherwise improved.

HUD has determined that the regulations concerning manufactured housing

can be improved and streamlined by eliminating unnecessary provisions.

Several provisions in the regulations repeat statutory language

from the National Manufactured Housing Construction and Safety

Standards Act of 1974, 42 U.S.C. 5401 et seq. It is unnecessary to

maintain statutory requirements in the Code of Federal Regulations

(CFR), since those requirements are otherwise fully accessible and

binding. Furthermore, if regulations contain statutory language, HUD

must amend the regulations whenever Congress amends the statute.

Therefore, this final rule will remove repetitious statutory language

and replace it with a citation to the specific statutory section for

easy reference.

Other provisions in the regulations apply to more than one of the

Department's programs, and therefore these provisions had been repeated

in various program regulations. The Department has been consolidating

some of these repetitious provisions as part of its regulatory

reinvention efforts. Therefore, this final rule maintains only

appropriate cross-references to consolidated provisions, for the

reader's convenience.

Some provisions in the Manufactured Home Procedural and Enforcement

regulations (part 3282) are now obsolete. For instance, this rule

removes obsolete regulations regarding Transition Certifications in

subpart E. The Transition Certification applied to homes in production

when the Manufactured Home Construction and Safety Standards first went

into effect on June 15, 1976. Other subparts of the regulations contain

similar provisions relating to the start-up of the Federal program for

manufactured housing and are now also obsolete and unnecessary.

Therefore, HUD can remove the obsolete regulations in subpart E, as

well as other subparts.

Lastly, some provisions in the regulations are not regulatory

requirements. For example, 24 CFR part 3283 contains guidance or

explanations relating to the manufactured home consumer manual

requirements. Section 617 of the Act, 42 U.S.C. 5416, requires that the

Secretary develop guidelines for a consumer's manual to be provided to

manufactured home purchasers by the manufacturer. The Act further

provides that these manuals should identify and explain the purchasers'

responsibilities for operation, maintenance, and repair of their

manufactured homes. Except for the requirement that the manufacturer

provide a manual with each manufactured home produced, the guidance

provided in 24 CFR part 3283 is nonmandatory. While this information is

very helpful to recipients, HUD will more appropriately provide this

information through handbook guidance or other materials, rather than

maintain it in the CFR. Accordingly, the mandatory sections of part

3283 will be moved to part 3282 and Sec. 3282.207. The guidance

provided by part 3283 will be issued simultaneously with this rule as

an uncodified appendix and will also be published and made available in

a future handbook.

Justification for Final Rulemaking

HUD generally publishes a rule for public comment before issuing a

rule for effect, in accordance with its own regulations on rulemaking

in 24 CFR part 10. However, part 10 provides for exceptions to the

general rule if the agency finds good cause to omit advance notice and

public participation. The good cause requirement is satisfied when

prior public procedure is ``impracticable, unnecessary, or contrary to

the public interest'' (24 CFR 10.1). HUD finds that good cause exists

to publish this rule for effect without first soliciting public

comment. This rule merely removes unnecessary regulatory provisions and

does not establish or affect substantive policy. Therefore, prior

public comment is unnecessary.

Section-by-Section Analysis of Changes

The Secretary has determined that the following changes should be

made to the Manufactured Home Procedural and Enforcement Regulations:

(1) Section 3282.1--This section has already been revised to add a

reference to 24 CFR part 3800, which outlines procedures for

investigations and investigational proceedings (see FR-4026, a

reinvention rule published shortly before this rule).

(2) Section 3282.2--This section has been removed. Delegations of

authority are effective when signed by the Secretary of HUD, and HUD

publishes all delegations of authority in the Federal Register.

Accordingly, the delegation of authority does not need to be contained

in the rule.

(3) Sections 3282.3-3282.5--These sections have been removed

because they relate to the composition of the program office and are

unnecessary.

(4) Section 3282.7(11)--This section defined the term ``Title I,''

which is later used in reference to procedures necessary to implement

the requirements of the regulations when they first became effective in

1976, and are no longer in effect.

(5) Section 3282.9(a)--This section has been removed and a

reference has been made to identical provisions in 24 CFR 26 relating

to computation of time.

(6) Section 3282.53--This section, relating to section 612(e) of

the Act and the registering agents by foreign manufacturers, has been

revised because it is repetitious of the statutory

[[Page 10859]]

provisions. The form of the designation of agent, however, has been

retained.

(7) Section 3282.54(d)--This section regarding availability of cost

information submitted in opposition to an action by the Secretary under

section 607(a) of the Act has been removed as repetitious of the

statutory provisions.

(8) Subpart C, Secs. 3282.101-3282.110, and 3282.112--This subpart

is repetitious of the Department's rulemaking provisions in 24 CFR part

10 and the Act. Accordingly, language has been removed in several of

these sections. Where the requirements provided in these sections

differ from 24 CFR part 10, the exception is noted. In addition,

Sec. 3282.113(b), relating to resolutions of disputes with DAPIAs, had

been mistakenly placed in Sec. 3282.113, Interpretative Bulletins; the

provisions are repeated in Sec. 3282.151(b)(2) and, therefore, are

removed as duplicative.

(9) Section 3282.151(a)--The provisions of this section specifying

the situation in which a presentation of views is appropriate under the

Act have been removed because they merely repeat the statute.

(10) Sections 3282.151(c) and 3282.155--The language referring to

investigations and investigational hearings has been removed because

regulations pertaining to these procedures have been moved to a new

part 3800 (see FR-4026, a reinvention rule published shortly before

this rule). The new part 3800 covers such procedures relating to the

Department's investigations under the Act, the Real Estate Settlement

Procedures Act and the Interstate Land Sales Full Disclosure Act.

Because the Department's procedures in investigations under these

statutes are similar, it is unnecessary to repeat those procedures for

each program.

(11) Section 3282.207-- This section has been removed because it

relates to Transition Certification of manufactured homes already in

production on the effective date of the Standards in 1976 and is thus

no longer necessary. In place of the transition certification language,

the Department will move the mandatory sections of part 3283 (Consumer

Manual) to this section.

In addition, references to transition certification and other

procedures that were once necessary to implement the requirements of

the regulations when they first became effective in 1976 have been

removed, including all or portions of the following sections:

3282.7(11), 3282.11(b), 3282.205(a), 3282.205(c), 3282.205(d),

3282.207, 3282.302(e), 3282.352(c), 3282.353(a)(8), 3282.353(f),

3282.355(b), 3282.361(d), 3282.362(b)(5), 3282.362(c)(2)(i)(B),

3282.362(c)(2)(i)(C), and 3282.362(c)(2)(ii). These references are

obsolete and may be removed without affecting the present regulation of

manufactured housing.

IV. Other Matters

Regulatory Flexibility Act

The Secretary, in accordance with the Regulatory Flexibility Act (5

U.S.C. 605(b)), has reviewed and approved this final rule, and in so

doing certifies that this rule will not have a significant economic

impact on a substantial number of small entities. This rule merely

streamlines regulations by removing unnecessary provisions. The rule

will have no adverse or disproportionate economic impact on small

businesses.

Environmental Impact

This rulemaking does not have an environmental impact. This

rulemaking simply amends an existing regulation by consolidating and

streamlining provisions and does not alter the environmental effect of

the regulations being amended. A Finding of No Significant Impact with

respect to the environment was made 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) at the time of

development of regulations implementing the National Manufactured

Housing Construction and Safety Standards Act of 1974. That finding

remains applicable to this rule, and is available for public inspection

between 7:30 a.m. and 5:30 p.m. weekdays in the Office of the Rules

Docket Clerk, Office of General Counsel, Room 10276, Department of

Housing and Urban Development, 451 Seventh Street, SW., Washington, DC.

Executive Order 12612, Federalism

The General Counsel, as the Designated Official under section 6(a)

of Executive Order 12612, Federalism, has determined that this rule

will not have substantial direct effects on States or their political

subdivisions, or the relationship between the Federal government and

the States, or on the distribution of power and responsibilities among

the various levels of government. No programmatic or policy changes

will result from this rule that would affect the relationship between

the Federal government and State and local governments.

Executive Order 12606, The Family

The General Counsel, as the Designated Official under Executive

Order 12606, The Family, has determined that this rule will not have

the potential for significant impact on family formation, maintenance,

or general well-being, and thus is not subject to review under the

Order. No significant change in existing HUD policies or programs will

result from promulgation of this rule.

List of Subjects

24 CFR Part 3282

Administrative practice and procedure, Consumer protection,

Intergovernmental relations, Investigations, Manufactured homes,

Reporting and recordkeeping requirements, Warranties.

24 CFR Part 3283

Consumer protection, Manufactured homes, Warranties.

For the reasons stated in the preamble, under the authority of 42

U.S.C. 3535(d), in title 24 of the Code of Federal Regulations, part

3282 is amended and part 3283 is removed, as follows:

PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS

1. The authority citation for part 3282 continues to read as

follows:

Authority: 42 U.S.C. 3535(d) and 5424.

Subpart A--General

Secs. 3282.2, 3282.3, 3282.4, and 3282.5 [Removed]

2. Sections 3282.2, 3282.3, 3282.4, and 3282.5 are removed.

Sec. 3282.7(11) [Removed and Reserved]

3. Section 3282.7(ll) is removed and reserved.

4. Section 3282.9 is amended by revising paragraph (a) to read as

follows:

Sec. 3282.9 Computation of time.

(a) In computing any period of time prescribed by the regulations

in this part, refer to Sec. 26.16(a) of this title.

* * * * *

5. Section 3282.11 is amended by revising paragraph (b) to read as

follows:

Sec. 3282.11 Preemption and reciprocity.

* * * * *

(b) No State may require, as a condition of entry into or sale in

the State, a manufactured home certified (by the application of the

label required by Sec. 3282.362(c)(2)(i)) as in conformance with the

Federal standards to be subject to State inspection to determine

compliance with any standard covering any aspect of the manufactured

home covered by the Federal standards. Nor

[[Page 10860]]

may any State require that a State label be placed on the manufactured

home certifying conformance to the Federal standard or an identical

standard. Certain actions that States are permitted to take are set out

in Sec. 3282.303.

* * * * *

Subpart B--Formal Procedures

6. Section 3282.53 is revised to read as follows:

Sec. 3282.53 Service of process on foreign manufacturers and

importers.

The designation of an agent required by section 612(e) of the Act,

42 U.S.C. Sec. 5411(e), shall be in writing, dated, and signed by the

manufacturer and the designated agent.

Sec. 3282.54 [Amended]

7. Section 3282.54 is amended by removing paragraph (d) and

redesignating paragraph (e) as paragraph (d).

Subpart C--Rules and Rulemaking Procedures

8. Section 3282.101 is revised to read as follows:

Sec. 3282.101 Generally.

Procedures that apply to the formulation, issuance, amendment, and

revocation of rules pursuant to the Act are governed by the Act, the

Administrative Procedure Act, 5 U.S.C. 551 et seq., and part 10 of this

title, except that the Secretary shall respond to a petition for

rulemaking by an interested party within 180 days of receipt of the

petition.

Secs. 3282.102 through 3282.110 and Sec. 3282.112 [Removed]

9. Sections 3282.102 through 3282.110 and 3282.112 are removed.

10. Section 3282.113 is revised to read as follows:

Sec. 3282.113 Interpretative bulletins.

When appropriate, the Secretary shall issue interpretative

bulletins interpreting the standards under the authority of Sec. 3280.9

of this chapter or interpreting the provisions of this part. Issuance

of interpretative bulletins shall be treated as rulemaking under this

subpart C unless the Secretary deems such treatment not to be in the

public interest and the interpretation is not otherwise required to be

treated as rulemaking. All interpretative bulletins shall be indexed

and made available to the public at the Manufactured Housing Standards

Division and a copy of the index shall be published periodically in the

Federal Register.

Subpart E--Manufacturer Inspection and Certification Requirements

11. Section 3282.205 is amended by revising paragraphs (a), (c),

and (d), to read as follows:

Sec. 3282.205 Certification requirements.

(a) Every manufacturer shall make a record of the serial number of

each manufactured home produced, and a duly authorized representative

of the manufacturer shall certify that each manufactured home has been

constructed in accordance with the Federal standards. The manufacturer

shall furnish a copy of that certification to the IPIA for the purpose

of determining which manufactured homes are subject to the notification

and correction requirements of subpart I of this part.

* * * * *

(c) Every manufacturer of manufactured homes shall furnish to the

dealer or distributor of each of its manufactured homes a certification

that such manufactured home, to the best of the manufacturer's

knowledge and belief, conforms to all applicable Federal construction

and safety standards. This certification shall be in the form of the

label provided by the IPIA under Sec. 3282.362(c)(2). The label shall

be affixed only at the end of the last stage of production of the

manufactured home.

(d) The manufacturer shall apply a label required or allowed by the

regulations in this part only to a manufactured home that the

manufacturer knows by its inspections to be in compliance with the

standards.

12. Section 3282.206 is amended in paragraph (b) by capitalizing

the word ``Extraordinary'', and by revising paragraph (c) to read as

follows:

Sec. 3282.206 Disagreement with IPIA or DAPIA.

* * * * *

(c) The DAPIA or IPIA otherwise resolves the disagreement.

13. Section 3282.207 is revised to read as follows:

Sec. 3282.207 Manufactured home consumer manual requirements.

(a) The manufacturer shall provide a consumer manual with each

manufactured home that enters the first stage of production on or after

July 31, 1977, pursuant to section 617 of the National Manufactured

Housing Construction and Safety Standards Act, 42 U.S.C. 5416.

(b) The manufacturer shall provide the consumer manual by placing a

manual in each such manufactured home before the manufactured home

leaves the manufacturing plant. The manual shall be placed in a

conspicuous location in a manner likely to assure that it is not

removed until the purchaser removes it.

(c) If a manufacturer is informed that a purchaser did not receive

a consumer manual, the manufacturer shall provide the appropriate

manual to the purchaser within 30 days of being so informed.

(d) No dealer or distributor may interfere with the distribution of

the consumer manual. When necessary, the dealer or distributor shall

take any appropriate steps to assure that the purchaser receives a

consumer manual from the manufacturer.

(e) If a consumer manual or a change or revision to a manual does

not substantially comply with the guidelines issued by HUD, the

manufacturer shall cease distribution of the consumer manual and shall

provide a corrected manual for each manufactured home for which the

inadequate or incorrect manual or revision was provided. A manual

substantially complies with the guidelines if it presents current

material on each of the subjects covered in the guidelines in

sufficient detail to inform consumers about the operation, maintenance,

and repair of the manufactured home. An updated copy of guidelines

published in the Federal Register on March 15, 1996 can be obtained by

contacting the Office of Manufactured Housing and Regulatory Functions,

Department of Housing and Urban Development, 451 Seventh Street, S.W.,

Washington, D.C., 20410; the Information Center, Department of Housing

and Urban Development, Room 1202, 451 Seventh Street, S.W., Washington,

D.C., 20410; or any HUD Area or State Office.

Subpart G--State Administrative Agencies

14. Section 3282.302(e) is revised to read as follows:

Sec. 3282.302 State plan.

* * * * *

(e) Exclusive IPIA status. (1) A State that wishes to act as an

exclusive IPIA under Sec. 3282.352 shall so indicate in its State Plan

and shall include in the information provided under paragraph (b)(11)

of this section the fee schedule for the State's activities as an IPIA

and the relationship between the proposed fees and the other

information provided under paragraph (b)(11) of this section. If the

Secretary determines that the fees to be charged by a State acting as

an

[[Page 10861]]

IPIA are unreasonable, the Secretary shall not grant the State status

as an exclusive IPIA.

(2) The State shall also demonstrate in its State Plan that it has

the present capability to act as an IPIA for all plants operating in

the State.

Subpart H--Primary Inspection Agencies

15. Section 3282.352(c) is revised to read as follows:

Sec. 3282.352 State exclusive IPIA functions.

* * * * *

(c) A State's status as an exclusive IPIA shall commence upon

approval of the State Plan Application and acceptance of the State's

submission under Sec. 3282.355. Where a private organization accepted

or provisionally accepted as an IPIA under this subpart H is operating

in a manufacturing plant within the State on the date the State's

status as an exclusive IPIA commences, the private organization may

provide IPIA services in that plant for 90 days after that date.

Sec. 3282.353 [Amended]

16. Section 3282.353 is amended by:

a. Adding the word ``and'' at the end of paragraph (a)(6);

b. Removing the phrase ``; and'' at the end of paragraph (a)(7),

and adding in their place a period; and

c. Removing paragraphs (a)(8) and (f).

Sec. 3282.355 [Amended]

17. Section 3282.355 is amended by removing paragraph (b) and

redesignating paragraphs (c) and (d) as paragraphs (b) and (c),

respectively.

Sec. 3282.361 [Amended]

18. Section 3282.361 is amended by removing paragraph (d) and

redesignating paragraph (e) as paragraph (d).

19. Section 3282.362 is amended by:

a. Removing paragraph (b)(5); and

b. Revising paragraphs (c)(2)(i)(B) and (C) and the introductory

text of paragraph (c)(2)(ii), to read as follows:

Sec. 3282.362 Production Inspection Primary Inspection Agencies

(IPIAs).

* * * * *

(c) * * *

(2) * * *

(i) * * *

(B) A permanent label shall be affixed to each transportable

section of each manufactured home for sale or lease to a purchaser or

lessor in the United States in such a manner that removal will damage

the label so that it cannot be reused. This label is provided by the

IPIA and is separate and distinct from the data plate that the

manufacturer is required to provide under Sec. 3280.5.

(C) The label shall read as follows:

As evidenced by this label No. ABC 000 001, the manufacturer

certifies to the best of the manufacturer's knowledge and belief

that this manufactured home has been inspected in accordance with

the requirements of the Department of Housing and Urban Development

and is constructed in conformance with the Federal Manufactured Home

Construction and Safety Standards in effect on the date of

manufacture. See data plate.

* * * * *

(ii) Label control. The labels used in each plant shall be under

the direct control of the IPIA acting in that plant. Only the IPIA

shall provide the labels to the manufacturer. The IPIA shall assure

that the manufacturer does not use any other label to indicate

conformance to the standards.

* * * * *

PART 3283--[REMOVED]

20. Part 3283 is removed.

Dated: March 4, 1996.

Nicolas P. Retsinas,

Assistant Secretary for Housing-Federal Housing Commissioner.

[Note. The following guide will not be codified in the Code of

Federal Regulations.]

U.S. Department of Housing and Urban Development Manufactured Home

Consumer Manual Guide

A. General

1. Scope

These guidelines set out the requirements that shall be met by

manufactured home manufacturers and dealers in order to assure that

consumer manuals containing appropriate information are provided to

manufactured home purchasers as required by section 617 of the National

Manufactured Housing Construction and Safety Standards Act, 42 U.S.C.

5416. This section sets out the definitions applicable to the

guidelines.

2. Definitions

(a) Anchor means to secure to the ground by straps, cables, turn

buckles, chains, ties, or other devices designed to prevent the

manufactured home from being unstable in high winds or other conditions

that might cause an unsecured home to overturn or otherwise suffer

damage because it is not adequately secured to the ground.

(b) Component means any part, material or appliance which is built

in as an integral part of the manufactured home during the

manufacturing process.

(c) Condensation means the process of reducing a gas or vapor to a

liquid form which is evidenced in a manufactured home by the

accumulation of moisture on windows and other surfaces.

(d) Consumer manual means a document or series of documents

included in a package that substantially complies with the guideline

set out in section C of these guidelines.

(e) Dealer means any person engaged in the sale, leasing or

distribution of new manufactured homes primarily to persons who, in

good faith, purchase or lease a manufactured home for purposes other

than resale.

(f) Diagram means a drawing or plan that outlines and explains the

parts and operation of a major system in the manufactured home, such as

the plumbing, electrical, heating, cooling and ventilating systems.

(g) Distributor means any person engaged in the sale and

distribution of manufactured homes for resale.

(h) Federal Manufactured Home Construction and Safety Standard

means a reasonable standard for the construction, design and

performance of a manufactured home which meets the needs of the public,

including the need for quality, durability and safety.

(i) Major systems means those functional units that are supplied

with the manufactured home during the manufacturing process and

includes the structural, electrical, plumbing and heating and cooling

systems of the manufactured home.

(j) Manufacturer means any person engaged in manufacturing or

assembling manufactured homes, including any person engaged in

importing manufactured homes for resale, except that it does not

include a person engaged in manufacturing modular homes that are exempt

from the Federal Manufactured Home Construction and Safety Standards

under 24 CFR 3280.7.

(k) Manufactured home means as the term is defined in 24 CFR

3280.2.

(l) Purchaser means the first person purchasing a manufactured home

in good faith for purposes other than resale.

(m) Written warranty means: (1) Any written affirmation of fact or

written promise made in connection with the sale of a consumer product

by a supplier to a buyer which relates to the nature of the material or

workmanship and affirms or promises that such material or workmanship

is defect free or will meet a specified level of performance over a

specified period of time; or (2) any undertaking in writing in

connection with the sale by a supplier of a consumer product to refund,

repair, replace, or take other remedial action with respect to such

product in the event that such product fails to meet the

[[Page 10862]]

specifications set forth in the undertaking, which written affirmation,

promise or undertaking becomes part of the basis of the bargain between

a supplier and a buyer for purposes other than resale of such product.

3. Manual Requirement; Effective Date

A consumer manual must be provided with each manufactured home that

enters into the first stage of production on or after July 31, 1977,

pursuant to 24 CFR 3282.207 of the Manufactured Home Procedural and

Enforcement Regulations. The manual shall be provided as set out in

section B of these guidelines.

B. Distribution and Adequacy of the Manual

1. Scope

This section sets out the manner in which consumer manuals are to

be provided to consumers and procedures for assuring that consumer

manuals are correctly distributed. It also sets out requirements to be

met by manufacturers if manuals are found to be inadequate.

2. Manual Distribution

(a) Each manufacturer shall provide a consumer manual with each

manufactured home that enters the first stage of production on or after

July 31, 1977, by placing a manual in each such manufactured home

before the manufactured home leaves the manufacturing plant. The manual

shall be placed in a conspicuous location in a manner likely to assure

that it is not removed until the purchaser removes it.

(b) If a manufacturer is informed that a purchaser did not receive

a consumer manual, the manufacturer shall provide the appropriate

manual to the purchaser within 30 days of being so informed.

(c) No dealer or distributor may interfere with the distribution of

the consumer manuals. Where necessary, the dealer or distributor shall

take any appropriate steps to assure that the purchaser receives a

consumer manual from the manufacturer.

3. Inadequate Consumer Manuals

If a consumer manual or a change or revision to a manual does not

substantially comply with section C, the manufacturer shall cease

distribution of the consumer manual and shall provide a corrected

manual for each manufactured home, for which the inadequate or

incorrect manual or revision was provided. A manual substantially

complies with section C if it presents current material on each of the

subjects covered in section C in sufficient detail to inform consumers

about the operation, maintenance, and repair of the manufactured home.

C. Guidelines

1. Scope and Purpose

(a) The purpose of this section is to provide guidelines to

manufacturers which will assure that manufactured home consumers are

given information concerning proper home maintenance, avoidance of

potential safety hazards, and remedies which may be available under the

Act.

(b) No precise format is required. The information may be offered

in a single document or in several documents, all of which are part of

a single package. The information shall be presented in a clear and

understandable manner and an index should be prepared so that consumers

can readily locate any information provided as part of the package.

2. Statements About the Act and Its Protections

(a) The manual should include an explanation of the National

Manufactured Housing Construction and Safety Standards Act and of the

Federal manufactured home construction and safety standards. The

explanation should discuss the protections offered by the standards,

the limitations of the standards and the remedies available to the

consumer under the Act. The explanation should use the following

language or its equivalent:

The National Manufactured Housing Construction and Safety Standards

Act of 1974 was enacted to improve the quality and durability of

manufactured homes and to reduce the number of injuries and deaths

caused by manufactured home accidents. The Federal manufactured home

construction and safety standards issued under the Act govern how

manufactured homes must be constructed. Your manufactured home was

manufactured to the standards. The standards cover the planning and

construction of your home. They were developed so that you would have a

safe, durable home. The standards do not cover such aspects of the

manufactured home as furniture, carpeting, certain appliances, cosmetic

features of the home and additional rooms or sections of the home that

you have added. The Act provides that if for some reason your

manufactured home is found not to meet the standard or to contain

safety hazards, the manufacturer of the manufactured home must notify

you of that fact. In some cases where there is a safety hazard

involved, the Act requires the manufacturer to correct the manufactured

home at no cost to you or to replace the home or refund all or a

percentage of the purchase price. If you believe you have a problem for

which the Act provides a remedy, you should contact the manufacturer,

the manufactured home agency in your state (see the list on page of

this manual), or the Department of Housing and Urban Development. Our

address is (state the manufacturer's address). We recommend that you

contact us first, because that is the quickest way to have your

complaint considered.

(b) The manual should state the location of the data plate and

should explain the significance of all the information printed on it,

particularly the significance of the zone information and the wind and

roof load maps.

(c) The manual should include a list of the State Administrative

Agencies (SAAs) that have been approved or conditionally approved under

24 CFR 3282.305 of the Manufactured Home Procedural and Enforcement

Regulations. The list should include all SAAs listed in this section as

of the date the manual or revision is prepared for printing.

Manufacturers may contact HUD for any update to the SAA list that

appears in this section by sending a stamped, self-addressed envelope

to: List Control, Office of Manufactured Housing and Regulatory

Functions, Room 4224, U.S. Department of Housing and Urban Development,

451 Seventh Street, SW., Washington, DC 20410-8000.

The following States have been approved or conditionally approved

to act as SAAs:

State, Agency Name, Address and Telephone Number

Alabama--Alabama Manufactured Housing Commission, 908 South Hull

Street, Montgomery, AL 36130-3401, (205) 261-4036

Arizona--Office of Manufactured Housing, 801 E. Jefferson, Suite 202,

Phoenix, AZ 85034, (602) 255-4072

Arkansas--Manufactured Home Commission, 1022 High Street, Suite #505,

Little Rock, AR 72202, (501) 371-1641

California--Manufactured Housing Section, Division of Codes &

Standards, Department of Housing and Community Development, P.O. Box

31, Sacramento, CA 95801, (916) 323-9803

Colorado--Division of Housing, Department of Local Affairs, 1313

Sherman Street, Room 419, Denver, CO 80203, (303) 866-2033

Florida--Department of Highway Safety and Motor Vehicles, Division of

Motor Vehicles, Neil Kirkman Building,

[[Page 10863]]

Room A 129, 2900 Apalachee Parkway, Tallahassee, FL 32301-8209, (904)

488-7657

Georgia--State Fire Marshal's Office, Manufactured Homes Division, 620

West Tower, No. 2 Martin Luther King, Jr. Drive, Atlanta, GA 30334,

(404) 656-2064

Idaho--Department of Labor and Industrial Service, 277 North Sixth

Street, Boise, ID 83720, (208) 334-3896

Indiana--Department of Fire Prevention and Building Safety,

Industrialized Building Systems/Code Enforcement Div., 1099 N. Meridian

Street, Suite 900, Indianapolis, IN 46204, (317) 232-1405

Iowa--Building Code Bureau, Division of the State Fire Marshall,

Department of Public Safety, Wallace State Office Building, Des Moines,

IA 50319, (515) 281-3807

Kentucky--Department of Housing, Building and Construction, U.S. 127

South Building, Frankfort, KY 40601, (502) 564-3626

Louisiana--Mobile Home Division, 1033 North Lobdell Avenue, Baton

Rouge, LA 70806, (504) 925-4911

Maine--Manufactured Housing Board, Department of Professional and

Financial Regulation, State House Station 32, Augusta, ME 04333, (207)

289-2955

Maryland--Building Codes Administration--DECD, Department of Economic

and Community Development, 45 Calvert Street, Annapolis, MD 21401,

(301) 974-2701

Michigan--Department of Commerce, Mobile Home Division, Corporation &

Securities Bureau, 6546 Mercantile Way, P.O. Box 30222, Lansing, MI

48909, (517) 334-6203

Minnesota--Department of Administration, Building Codes and Standards

Division, 408 Metro Square Building, 7th and Robert Streets, St. Paul,

MN 55101, (612) 296-4628

Mississippi--Office of the Fire Marshall, 416 Woolfolk Building, P.O.

Box 22542, Jackson, MS 39205-2542, (601) 359-1061

Missouri--Public Service Commission, Mobile Homes and Recreational

Vehicles Division, P.O. Box 360, Jefferson City, MO 65102, (314) 751-

7119

Nebraska--Department of Health, Division of Housing and Environmental

Health, 301 Centennial Mall South, P.O. Box 95007, Lincoln, NE 68509,

(402) 471-2541

Nevada--Manufactured Housing Division, Nevada Department of Commerce,

Capitol Complex, Carson City, NV 89710, (702) 885-4298

New Jersey--Department of Community Affairs, Division of Housing and

Development--BCCE, CN 805 Manufactured Housing Construction, Trenton,

NJ 08625-0804, (609) 292-7142

New Mexico--Regulation and Licensing Department, Manufactured Housing

Division, Santa Fe, NM 87503, (505) 827-6340

New York--Housing and Building Codes Bureau, Division of Housing and

Community Renewal, One Fordham Plaza, Bronx, NY, 10458, (212) 519-5273

(Kessner); (212) 488-4910 (Jordan)

North Carolina--Department of Commerce, Council, Boards & Government

Relations Division, P.O. Box 26307, Raleigh, NC 27611, (919) 733-3901

Oregon--Department of Commerce, Building Codes Division, MHRV Section,

401 Labor and Industries Building, Salem, OR 97310, (503) 378-8451

Pennsylvania--Division of Manufactured Housing, Department of Community

Affairs, Room 509, Forum Building, Harrisburg, PA 17120, (717) 787-9682

Rhode Island--Department of Community Affairs, Building Commission,

1270 Mineral Spring Avenue, North Providence, RI 02904, (401) 277-3033

South Carolina--Manufactured Housing Section, Budget and Control Board,

Division of General Services, 300 Gervais Street, Columbia, SC 29201,

(803) 758-5378

South Dakota--Department of Commerce and Regulation, Commercial

Inspection, 118 W. Capitol, Pierre, SD 57501, (605) 773-3697

Tennessee--Department of Commerce and Insurance, Division of Fire

Prevention, 1808 West End Building, Suite 500, Nashville, TN 37219-

5319, (615) 741-7170

Texas--Texas Department of Labor and Standards, P.O. Box 12157, Austin,

TX 78711, (512) 463-5520

Utah--Department of Business Regulation, Contractors Division--MH & RV,

P.O. Box 45802, Salt Lake City, UT 84145, (801) 530-6727

Virginia--Division of Building Regulatory Services, Department of

Housing and Community Development, 205 N. 4th Street, Room M-4,

Richmond, VA 23219, (804) 786-4846

Washington--Department of Labor and Industries, Construction Compliance

Inspection, 520 S. Water Street, Olympia, WA 98504, (206) 586-0215

Wisconsin--Department of Industry, Labor and Human Relations, Safety

and Building Division, P.O. Box 7969, Madison, WI 53707, (608) 266-1748

or (608) 267-7935 (Turner)

(d) The manual should state that the Department of Housing and

Urban Development (HUD) is the Federal agency administering the Act and

that any questions concerning the Act or a consumer's rights under the

Act should be directed to HUD. The manual should advise consumers that

in order to contact HUD, they should refer to the Department of Housing

and Urban Development under listings for the U.S. Government in their

telephone book. In calling or writing the local HUD office, consumers

should be directed to address their inquiry or call to the ``Consumer

Complaint Officer'' in their local HUD or FHA Office. Consumers should

be advised that they may contact the Central HUD Office directly by

writing or calling the Office of Manufactured Housing and Regulatory

Functions, Compliance Branch, telephone (202) 755-6920 or (202) 755-

6584. (These are not toll-free numbers.)

3. Written Warranties

(a) The manual should state whether or not the manufacturer

provides a written warranty covering the manufactured home. If the

manufacturer provides written warranty, the manual should explain in

clear and understandable language what protections the warranty

provides and how the consumer can obtain service under the warranty.

The manual should specifically and clearly describe:

(1) What repairs the manufacturer will pay for under the warranty

and what repairs, if any, the manufacturer will not pay for;

(2) How long the warranty protection lasts;

(3) What the consumer must do to maintain warranty protections,

including any services that the consumer must obtain or provide at the

consumer's expense;

(4) What actions or conditions could void the warranty; and

(5) Exactly what steps the consumer should take to obtain warranty

service, including any informal dispute settlement procedures offered

by the manufacturer prior to pursuit of legal remedies.

(b) The manual should state what appliances, components or other

aspects of the manufactured home are not covered by the manufacturer's

written warranty and identify any warranty certificates which have been

provided for any of these items.

[[Page 10864]]

(c) Compliance with paragraph (a) of this section may be obtained

by including, as a document of the consumer manual, the manufacturer's

written warranty statement that meets the requirements issued by the

Federal Trade Commission under the Magnuson-Moss Warranty Federal Trade

Commission Improvement Act, 15 U.S.C. 2301 et seq. (Magnuson-Moss).

However, this section is not to be construed as governing the making or

content of written warranties on manufactured homes. Any such written

warranties must comply with the Magnuson-Moss requirements.

4. Setting Up and Anchoring the Manufactured Home

(a) The manual should include an explanation of procedures

recommended to be followed in setting up the manufactured home. The

explanation should include: (1) Site preparation procedures; (2) the

types of foundations for which the home was designed; (3) procedures

for leveling the home; (4) procedures for connecting the utilities; and

(5) suggested anchoring procedures for wind-upset and sliding. If

practicable, the manual should include a list of sources the consumer

may contact to obtain set-up and anchoring services. The manual should

advise the consumer of the differing requirements for manufactured

homes located in ``hurricane'' and ``non hurricane'' wind zones.

(b) The manual should include a recommendation that the home be

professionally inspected after it is set up to assure that it has not

been damaged in transit and is properly set up.

5. Safety

(a) Fire safety. The manual should state the location of the

following safety features required by the standards and explain how

they are operated: (1) Smoke detectors; (2) exit doors and bedroom

egress windows; and (3) any other emergency escape systems.

(b) Wind safety. The manual should state that in order for the

manufactured home to be secure against high winds, it should be

anchored to the ground. The manual should caution the owner that if the

manufactured home is not properly anchored, it is highly susceptible to

wind damage when high wind conditions occur.

(c) Systems safety. The manual should explain how the electric,

plumbing, and heating systems of the manufactured home may be rendered

unsafe through improper use or treatment and what hazards may result.

The manual should state the location and purpose of utility shut-off

valves and switches and how they should be used to prevent hazards.

6. Maintenance

(a) The manual should contain a detailed explanation of how the

consumer should care for the manufactured home, including a simple

maintenance and inspection chart that can be used as a checklist by the

consumer. The explanation should describe any aspects of operation and

maintenance that are unique to manufactured homes, and it should

emphasize that the consumer is responsible for adequate maintenance.

The explanation should include a list of components, appliances or

major systems for which an operational manual or instructions were

provided by the manufacturer of the item and a statement that the

consumer should make sure that those manuals or instructions were

provided with the manufactured home.

(b) The manual should discuss the possible consequences of

inadequate maintenance or faulty operation. In particular, the manual

should discuss problems which may arise from condensation or from

inadequate insulation of the piping in the manufactured home and how

those problems can be avoided.

(c) The manual should state the maintenance and repair procedures

or types of procedures for which specialized knowledge or skills are

required.

(d) The manual should state how the purchaser can obtain diagrams

of the structural, electrical, plumbing and heating, cooling and

transportation systems.

7. Relocating the Manufactured Home

The manual should identify and explain the factors that the

consumer should take into account whenever the manufactured home may be

relocated. These should include weight and balance considerations;

securing of appliances, furniture, etc.; and recommended conditions of

the manufactured home's transportation system (e.g., tires, brakes,

axles, wheels, rims, coupling mechanisms). It should recommend that the

owner seek professional assistance whenever considering relocating the

home.

8. Insurance

The manufacturer should recommend that owners of manufactured homes

consider acquiring adequate and appropriate insurance. Manufacturers

should also advise consumers to contact an insurance company of their

choice to obtain information on the types of insurance coverage

available and should suggest factors to be considered.

[FR Doc. 96-6163 Filed 3-14-96; 8:45 am]

BILLING CODE 4210-27-P