[Federal Register Volume 63, Number 196 (Friday, October 9, 1998)]
[Proposed Rules]
[Pages 54528-54529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27068]



[[Page 54527]]

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Part II





Department of Housing and Urban Development





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24 CFR Part 3282



Revision of Manufactured Home Procedural and Enforcement Regulations; 
Proposed Rule

  Federal Register / Vol. 63, No. 196 / Friday, October 9, 1998 / 
Proposed Rules  

[[Page 54528]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3282

[Docket No. FR-4319-A-01]
RIN 2502-AH14


Revision of Manufactured Home Procedural and Enforcement 
Regulations

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

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: HUD plans to update the procedural and enforcement regulations 
of the Manufactured Home Construction and Safety Standards program. In 
preparation for this update, HUD is soliciting suggestions, with an 
emphasis on innovative and streamlined procedures, from interested 
members of the public.

DATES: Comment Due Date: December 8, 1998.

ADDRESSES: Interested persons are invited to submit comments and 
responses to the Rules Docket clerk, Office of the General Counsel, 
Room 10276, Department of Housing and Urban Development, 451 7th 
Street, SW, Washington, DC 20410-0500. Communications should refer to 
the above docket number and title. Facsimile (FAX) responses are not 
acceptable. A copy of each response will be available for public 
inspection and copying during regular business hours (7:30 am to 5:30 
pm Eastern Time at the above address).

FOR FURTHER INFORMATION CONTACT: David R. Williamson, Director, Office 
of Consumer and Regulatory Affairs, Department of Housing and Urban 
Development, mailing address: Room 9156, 451 7th Street, SW, 
Washington, D.C. 20410-8000, telephone (202) 708-6401. Hearing or 
speech-impaired individuals may call HUD's TTY number (202) 708-0770, 
or 1-800-877-8399 (Federal Information Relay Service TTY). Other than 
the ``800'' number, these are not toll-free numbers.

SUPPLEMENTARY INFORMATION:

I. Background--Manufactured Home Construction and Safety Standards

    The National Manufactured Housing Construction and Safety Standards 
Act of 1974 (Act), 42 U.S.C. 5401 et seq., authorizes the Secretary to 
establish and amend the Federal Manufactured Home Construction and 
Safety Standards (FMHCSS), which are codified at 24 CFR parts 3280 
(Standards) and 3282 (Procedural and Enforcement Regulations). The 
stated purposes of the Act are to reduce the number of personal 
injuries and deaths, and the amount of insurance costs and property 
damage resulting from manufactured home accidents, and to improve the 
quality and durability of manufactured homes. HUD administers the Act 
through the Federal Manufactured Housing Program (Program).
    By this advance notice of proposed rulemaking, HUD is soliciting 
specific suggestions and language to be included in a subsequent 
proposed rule to update the procedural and enforcement provisions in 
part 3282. Changes to the actual standards in part 3280 are being 
proposed and considered through a separate process, because of the 
technical nature of those standards and statutory requirements. In the 
process announced in this advance notice of proposed rulemaking, HUD 
wishes to consider only improvements to its procedural requirements 
under the Program.
    The purpose of part 3282 is to outline the procedures for the 
implementation of HUD's responsibilities under the Act. Currently, HUD 
meets these responsibilities in part through the use of private and 
State inspection organizations and cooperation with State agencies. The 
part 3282 regulations address approvals and inspections necessary to 
enforce the Standards; to determine that a manufactured home fails to 
comply with an applicable standard or contains a serious defect or 
imminent safety hazard; and to direct the manufacturer to furnish 
notification thereof, and in some cases, to remedy the serious defect 
or imminent safety hazard.
    The Federal Manufactured Housing Program was established in 1974, 
and has now been administered by the Department for over 22 years. The 
experience of the industry, State agencies, consumers and the 
Department provides the Department with the basis for recommending 
program changes to implement a more efficient and effective monitoring 
and enforcement process. This process includes approvals and 
inspections, investigations and enforcement of the standards, and 
remedying of defects. The Department hopes to make improvements in 
these areas and streamline the regulations while helping to increase 
the safety, quality and durability of manufactured homes.
    With better enforcement regulations the Department will ensure that 
manufacturers producing homes that comply with the Federal construction 
and safety standards are not put at a competitive disadvantage. More 
effective and efficient regulations will also make manufactured housing 
a more attractive source of affordable housing.
    Under current regulations, HUD's method of monitoring and 
enforcement is the same as when the program was initiated. While the 
method works well in most cases, HUD is interested in considering 
alternative approaches that may better serve the objectives of 
consumers, the industry, and HUD.
    Specifically, HUD seeks input on innovative and streamlined 
structures and procedures with respect to subparts A-L of part 3282, 
and is especially interested in receiving suggestions for proposed 
changes to subparts E-L.
    The Department is not limited to reviewing changes within the 
present structure of the manufactured housing program. Recommendations 
for structural changes within the statutory limitations of the program 
are also being solicited.

II. Solicitation of Public Comments--Changes To Be Considered

    In developing and submitting suggestions for changes in all 
subparts of part 3282, respondents are asked by HUD to identify 
elements of the monitoring and enforcement process and proposals that 
have, or appear to have, a potential conflict of interest. The 
Department welcomes recommendations for minimizing or eliminating any 
real or apparent conflicts of interest.
    Continuing the Administration's efforts to streamline regulations, 
the Department is also interested in identifying and reorganizing 
overlapping provisions within Part 3282.
    Subpart E of the regulations covers manufacturer inspection and 
certification requirements. In reviewing subpart E, the Department is 
interested in receiving recommendations for updating and enhancing the 
information required to be submitted by manufacturers to validate their 
designs and quality assurance plans, and for developing a more 
effective and efficient system for reviewing and approving designs for 
manufactured housing.
    Subpart F of the regulations covers dealer and distributor 
responsibilities. In reviewing subpart F, the Department is interested 
in receiving recommendations on defining dealer responsibilities; 
better identifying the dealer's role in handling complaints and 
ensuring that homes are placed in the wind, snow and weather zones for 
which the home was constructed; and

[[Page 54529]]

the procedures to be followed if there is transportation damage.
    Subpart G of the regulations covers requirements applicable to 
State Administrative Agencies. In reviewing subpart G, the Department 
is interested in receiving recommendations for developing a more 
effective and efficient role for State Administrative Agencies, and 
better delineating their responsibilities.
    Subpart H of the regulations covers general requirements for 
primary inspection agencies, both Production Inspection Primary 
Inspection Agencies (IPIAs) and Design Inspection Primary Inspection 
Agencies (DAPIAs). In reviewing subpart H, the Department is interested 
in receiving recommendations for improving accountability of PIAs and 
plants, and in developing more effective and efficient quality control 
in the design and construction of manufactured housing. This would 
include measurements of quality, penalties, and the future role of 
American Society for Quality Control (ASQC/ISO) 9000 series standards, 
a management system used to document and certify quality assurance by a 
manufacturer.
    Subpart I of the regulations covers the handling of consumer 
complaints and remedial actions. In reviewing subpart I, the Department 
is especially interested in receiving recommendations for ensuring the 
level of consumer protection intended by the statute. In particular, 
HUD seeks comments addressed to the question: are there alternative 
procedures or more effective methods of protecting consumer interests 
that should be considered, while also reducing the compliance burden? 
Suggestions on simplification of subpart I procedures would be 
appropriate.
    Subpart J of the regulations covers the monitoring of PIAs. In 
reviewing subpart J, the Department is especially interested in 
receiving recommendations for developing a more effective and efficient 
system for monitoring PIAs, and for developing an incentive system for 
IPIAs based on performance. Such a system could possibly include the 
development and administration of a national consumer satisfaction 
rating system for manufactured homes, similar to the annual consumer 
satisfaction system used in the automotive industry.
    HUD will use public comments received in response to this advance 
notice of proposed rulemaking in the development of a proposed rule 
intended to provide a more effective and efficient process of 
monitoring the design and production of manufactured housing in a way 
that would better serve the public interest.

    Dated: September 25, 1998.
Ira G. Peppercorn,
General Deputy Assistant Secretary for Housing.
[FR Doc. 98-27068 Filed 10-8-98; 8:45 am]
BILLING CODE 4210-27-P