[Federal Register Volume 79, Number 106 (Tuesday, June 3, 2014)]
[Rules and Regulations]
[Pages 31861-31863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12731]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 3280

[Docket No. FR-5787-F-01]
RIN 2502-AJ21


Manufactured Housing Constructions and Safety Standards: 
Correction of Reference Standard for Anti-Scald Valves

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

ACTION: Final rule.

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SUMMARY: This final rule amends the Federal Manufactured Home 
Construction and Safety Standards by incorporating the correct 
reference standard for anti-scald devices designed for bathtubs and 
whirlpool tubs without showers, ASSE 1070-2004, Performance 
Requirements for Water Temperature Limiting Devices. Anti-scald valves 
mitigate the danger of serious burns and other hazards caused by bursts 
of hot water resulting from sudden changes in water pressure. In a 
final rule published on December 9, 2013, HUD incorporated ASSE 1016-
2005, an anti-scalding device designed for showers and tub-shower 
combinations. HUD failed to incorporate, however, ASSE 1070-2004, which 
is designed for fixtures such as bathtubs and whirlpool tubs that do 
not have showers. To correct this and ensure the safety of occupants of 
manufactured homes with bathtubs and whirlpool tubs without showers, 
this final rule incorporates ASSE 1070-2004.

DATES: Effective Date: July 3, 2014. The incorporation by reference of 
certain publications listed in the rule is approved by the Director of 
the Federal Register as of July 3, 2014.

FOR FURTHER INFORMATION CONTACT: Pamela Beck Danner, Administrator, 
Office of Manufactured Housing Programs, Room 9168, Department of 
Housing and Urban Development, 451 Seventh Street SW., Washington, DC 
20410; telephone number 202-708-6423 (this is not a toll-number). 
Persons with hearing or speech impairments may access this number via 
TTY by calling the Federal Relay Service at 1-800-877-8389 (this is a 
toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    The National Manufactured Housing Construction and Safety Standards 
Act of 1974 (42 U.S.C. 5401-5426) (the Act) authorizes HUD to establish 
and amend the Federal Manufactured Home Construction and Safety 
Standards codified in 24 CFR part 3280. The Act was amended in 2000 by 
the Manufactured Housing Improvement Act of 2000 (Pub. L. 106-569), by 
expanding its purposes and creating the Manufactured Housing Consensus 
Committee (MHCC).
    As amended, the purposes of the Act (enumerated at 42 U.S.C. 5401) 
are: ``(1) To protect the quality, durability, safety, and 
affordability of manufactured homes; (2) to facilitate the availability 
of affordable manufactured homes and to increase homeownership for all 
Americans; (3) to provide for the establishment of practical, uniform, 
and, to the extent possible, performance-based Federal construction 
standards for manufactured homes; (4) to encourage innovative and cost-
effective construction techniques for manufactured homes; (5) to 
protect residents of manufactured homes with respect to personal 
injuries and the amount of insurance costs and property damages in 
manufactured housing consistent with the other purposes of this 
section; (6) to establish a balanced consensus process for the 
development, revision, and interpretation of Federal construction and 
safety standards for manufactured homes and related regulations for the 
enforcement of such standards; (7) to ensure uniform and effective 
enforcement of Federal construction and safety standards for 
manufactured homes; and (8) to ensure that the public interest in, and 
need for, affordable manufactured housing is duly considered in all 
determinations relating to the Federal standards and their 
enforcement.''

II. This Final Rule

    On December 9, 2013, at 78 FR 73966, HUD published a final rule 
that amended the Federal Manufactured Home Construction and Safety 
Standards at 24 CFR part 3280 by adopting certain recommendations made 
to HUD by the MHCC, as modified by HUD. Among other changes, HUD's 
December 9, 2013, final rule revised the Manufactured Home Construction 
and Safety Standards by updating the incorporated reference standards 
that establish the standards for the various components of a 
manufactured home. Most of HUD's changes codified existing building 
practices or conformed HUD standards to HUD interpretive bulletins or 
existing building codes.
    One update codified by HUD's December 9, 2013, final rule was to 
require that shower, bath, and tub-shower combination valves be either 
balanced pressure, thermostatic, or a combination of mixing valves that 
conforms to the requirements of ASSE

[[Page 31862]]

1016-2005, Performance Requirements for Automatic Compensation Valves 
for Individual Showers and Tub/Shower Combinations. HUD codified this 
requirement in Sec. Sec.  3280.4(o)(8), 3280.604(b), and 
3280.607(b)(3)(v). HUD stated that these valves must have handle 
position stops that are adjustable in accordance with the valve 
manufacturer's instructions, to a maximum setting of 120[emsp14][deg]F 
to prevent scalding and burn injuries to occupants from very hot water. 
This change was based on public safety and intended to reduce the 
number of injuries and deaths resulting from tap water scald burns. As 
HUD states in its final rule, the Centers for Disease Control and other 
organizations report that a majority of scald burn victims are young 
children whose injuries may have been prevented by the use of an anti-
scald valve. Requiring the use of anti-scald valves is also consistent 
with International Residential Code (IRC) requirements for one- and 
two-family dwellings.
    Since publishing the December 9, 2013, final rule, HUD has 
determined that ASSE 1016-2005, is an anti-scalding device designed for 
showers and tub-shower combinations. It is not the correct standard for 
an anti-scalding device designed for bathtub and whirlpool tubs without 
showers. Rather, the correct reference standard for anti-scald devices 
designed for bathtubs and whirlpool tubs without showers is ASSE 1070-
2004, Performance Requirements for Water Temperature Limiting Devices, 
approved February 2004. There are some significant differences between 
ASSE 1016-2005 and ASSE 1070-2004. Most important, ASSE 1070-2004 has 
more stringent controls for minimum test flows than does ASSE 1016-
2005. ASSE 1016-2005 valves are tested for temperature control at a 
minimum flow of 2.5 gallons/minute, the standard showerhead rating. 
ASSE 1070-2004 valves are tested to a minimum flow of 0.5 gallons/
minute. This difference is important because accurate controls of water 
flows for bathtubs and whirlpool tubs at low flows are critical to user 
safety. The IRC identifies ASSE 1070-2004 as the correct standard for 
anti-scald devices designed for bathtubs and whirlpool tubs without 
showers.
    Codifying ASSE 1070-2004 is a technical correction. In its July 13, 
2010 (75 FR 39871), proposed rule, HUD proposed to require ``that 
shower, bath, and tub-shower combination valves'' be either balanced 
pressure, thermostatic, or a combination of mixing valves that conform 
to ASSE 1016-1996. In response to public comments, HUD stated that it 
would add new reference standards ``for shower, bath, and tub-shower 
combination valves.'' The December 9, 2013, final rule, however, 
incorporated the correct standard for only showers and tub-shower 
combinations. This rule corrects this oversight by adding ASSE 1070-
2004 as the correct standard for bathtubs and whirlpool baths without 
showers.
    To make this correction, this final rule revises Sec.  
3280.607(b)(3)(v) by clarifying that shower and tub shower combination 
valves must conform to the requirements of ASSE 1016-2005. Valves 
designed for bathtubs and whirlpool bathtubs without showers must 
conform to the requirements of ASSE 1070-2004. This final rule also 
makes conforming changes to Sec. Sec.  3280.4 and 3280.604(b)(2).

III. Incorporation by Reference

    The incorporation by reference of ASSE 1070-2004 is approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Copies of the standard may be obtained from the 
organization that developed the standard. As described in Sec.  3280.4, 
this standard is also available for inspection at HUD's Office of 
Manufactured Housing Programs and at the National Archives and Records 
Administration. This final rule incorporates a standard developed by 
the following organization:
    ASSE--American Society of Sanitary Engineering, 901 Canterbury 
Road, Suite A, Westlake, Ohio 44145; telephone number 440-835-3040; fax 
number 440-835-3488; Web site, http://www.asse-plumbing.org.

IV. 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 
at 24 CFR part 10. 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). For the following reasons, HUD finds 
that good cause exists to publish this rule for effect without first 
soliciting public comment.
    This final rule amends the Federal Manufactured Home Construction 
and Safety Standards by incorporating the correct reference standard 
for anti-scald devices designed for bathtubs and whirlpool baths 
without showers, ASSE 1070-2004. Anti-scald valves mitigate the danger 
of serious burns and other hazards caused by bursts of hot water 
resulting from sudden changes in water pressure. In both its July 13, 
2010, proposed rule and its December 9, 2013, final rule, HUD stated 
its intent to require anti-scald valves for all showers, baths, and 
tub-shower combinations. Public comments received in response to HUD's 
proposed rule supported HUD's proposed requirement and recognized that 
the installation of anti-scald valves is safety driven and would 
prevent, mitigate, or reduce the number of injuries to individuals 
living in manufactured homes. One commenter, citing the study conducted 
by Safe Kids \1\ referenced in HUD's proposed rule, stated that 
requiring anti-scald valves in all showers, baths and tub-shower 
combinations was a low-cost measure that would prevent an estimated 100 
kids from death by scalding hot water and an estimated 3000 people from 
being hospitalized and treated for scalding hot water. HUD responded to 
these comments by stating that it would add new reference standards 
``for shower, bath, and tub-shower combination valves.'' HUD's final 
rule, however, incorporated a reference standard for shower and tub-
shower combinations, but failed to incorporate a standard for bathtubs 
and whirlpool baths that do not have showers. To correct this and 
ensure the safety of occupants of manufactured homes with bathtubs and 
whirlpool baths without showers, this final rule incorporates ASSE 
1070-2004.
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    \1\ National SAFE KIDS Campaign (NSKC). Burn Injury Fact Sheet. 
Washington (DC): NSKC, 2004.
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    Therefore, HUD determined that it is unnecessary to publish this 
rule for public comment prior to publishing the rule for effect.

V. Findings and Certifications

Regulatory Review--Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if the 
regulation is necessary, to select the regulatory approach that 
maximizes net benefits. As discussed above in this preamble, HUD's 
December 9, 2013, final rule did not incorporate the correct standard 
for anti-scald valves designed for fixtures such as bathtubs and 
whirlpool tubs that do not have showers. This final rule corrects this 
oversight. As a result, this rule was determined to not be a 
significant regulatory action under section 3(f) of Executive Order 
12866, Regulatory Planning and Review and, therefore, was not reviewed 
by the

[[Page 31863]]

Office of Management and Budget (OMB).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 605(b)) generally requires 
an agency to conduct regulatory flexibility analysis of any rule 
subject to notice and comment rulemaking requirements, unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. Since notice and 
comment rulemaking is not necessary for this final rule, the provisions 
of the Regulatory Flexibility Act (Pub. L. 96-354, 5 U.S.C. 601-612) do 
not apply.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either imposes substantial direct compliance costs on state and local 
governments and is not required by statute, or the rule preempts state 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive order. This final rule will not have 
federalism implications and would not impose substantial direct 
compliance costs on state and local governments or preempt state law 
within the meaning of the Executive order.

Environmental Review

    A Finding of No Significant Impact with respect to the environment 
was made at the proposed rule stage (75 FR 39871) in accordance with 
HUD regulations at 24 CFR part 50, which implement section 102(2)(C) of 
the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). 
The Finding of No Significant Impact is applicable to this final rule 
and is available for public inspection between the hours of 8 a.m. and 
5 p.m., weekdays, in the Regulations Division, Office of General 
Counsel, Department of Housing and Urban Development, 451 7th Street 
SW., Room 10276, Washington, DC 20410-0500. Due to security measures at 
the HUD Headquarters building, please schedule an appointment to review 
the finding by calling the Regulations Division at 202-402-3055 (this 
is not a toll-free number). Individuals with speech or hearing 
impairments may access this number through TTY by calling the Federal 
Information Relay Service at 800-877-8339 (this is a toll-free number).

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) (UMRA) establishes requirements for Federal agencies to 
assess the effects of their regulatory actions on state, local, and 
tribal governments, and the private sector. This final rule does not 
impose any Federal mandates on any state, local, or tribal government, 
or the private sector, within the meaning of UMRA.

List of Subjects in 24 CFR Part 3280

    Housing standards, Incorporation by reference, Manufactured homes.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number for Manufactured 
Housing Construction and Safety Standards is 14.171.
    Accordingly, for the reasons stated in the preamble, HUD is 
amending 24 CFR part 3280 as follows:

PART 3280--MANUFACTURED HOME CONSTRUCTION AND SAFETY STANDARDS

0
1. The authority citation for part 3280 continues to read as follows:

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


0
2. Amend Sec.  3280.4 by adding paragraph (o)(15) to read as follows:


Sec.  3280.4  Incorporation by reference.

* * * * *
    (o) * * *
    (15) ASSE 1070-2004, Performance Requirements for Water Temperature 
Limiting Devices, IBR approved for Sec. Sec.  3280.604(b) and 
3280.607(b).
* * * * *

0
3. Amend Sec.  3280.604(b)(2) by adding under the undesignated heading 
``Plumbing Fixtures,'' a reference standard for ``Performance 
Requirements for Water Temperature Limiting Devices'' at the end of the 
list, to read as follows:


Sec.  3280.604  Materials.

* * * * *
    (b) * * *
    (2) * * *

Plumbing Fixtures

* * * * *
    Performance Requirements for Water Temperature Limiting Devices, 
approved February 2004, ASSE 1070-2004 (incorporated by reference, see 
Sec.  3280.4).
* * * * *

0
4. In Sec.  3280.607, revise paragraph (b)(3)(v) to read as follows:


Sec.  3280.607  Plumbing fixtures.

* * * * *
    (b) * * *
    (3) * * *
    (v) Shower and tub-shower combination valves must be balanced 
pressure, thermostatic, or combination mixing valves that conform to 
the requirements of ASSE 1016-2005, Performance Requirements for 
Automatic Compensating Valves for Individual Shower and Tub/Shower 
Combinations (incorporated by reference, see Sec.  3280.4). Such valves 
must be equipped with handle position stops that are adjustable in 
accordance with the valve manufacturer's instructions and to a maximum 
setting of 120 [deg]F. Hot water supplied to bathtubs and whirlpool 
bathtubs are to be limited to a temperature of not greater than 120 
[deg]F by a water temperature limiting device that conforms to the 
requirements of ASSE 1070-2004, Performance Requirements for Water 
Temperature Limiting Devices (incorporated by reference, see Sec.  
3280.4).
* * * * *

    Dated: May 28, 2014.
Carol Galante,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2014-12731 Filed 6-2-14; 8:45 am]
BILLING CODE 4210-67-P