[Federal Register Volume 61, Number 52 (Friday, March 15, 1996)]
[Rules and Regulations]
[Pages 10858-10864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6163]




[[Page 10857]]

_______________________________________________________________________

Part IV





Department of Housing and Urban Development





_______________________________________________________________________



24 CFR Parts 3282 and 3283



Federal Manufactured Housing Program; Streamlining; Final Rule

  Federal Register / Vol. 61, No. 52 / Friday, March 15, 1996 / Rules 
and Regulations  

[[Page 10858]]


DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 3282 and 3283

[Docket No. FR-4025-F-01]
RIN 2502-AG70


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

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

ACTION: 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