[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Proposed Rules]
[Pages 6806-6810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02387]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 3280 and 3282
[Docket No. FR-5877-P-01]
RIN 2502-AJ33
Manufactured Home Procedural and Enforcement Regulations;
Revision of Exemption for Recreational Vehicles
AGENCY: Office of the Assistant Secretary for Housing-Federal Housing
Commissioner, HUD.
ACTION: Proposed rule.
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SUMMARY: This rulemaking proposes to revise the exemption for
recreational vehicles that are not self-propelled from HUD's
Manufactured Housing Procedural and Enforcement Regulations. This
proposed rule is based on a recommendation adopted by the Manufactured
Housing Consensus Committee (MHCC) which would define a recreational
vehicle as one built on a vehicular structure, not certified as a
manufactured home, designed only for recreational use and not as a
primary residence or for permanent occupancy, and built and certified
in accordance with either the National Fire Protection Association
(NFPA) 1192-15 or American National Standards Institute (ANSI) A119.5-
09 consensus standards for recreational vehicles. HUD is adopting the
MHCC's recommendation but modifying it to require certification with
the updated ANSI standard, A119.5-15, and by including a requirement
that units claiming the ANSI A119.5-15 exemption prominently display a
notice stating that the unit is designed only for recreational use, and
not as a primary residence or permanent dwelling.
DATES: Comments Due Date: April 11, 2016.
ADDRESSES: Interested persons are invited to submit comments regarding
this rule to the Regulations Division, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Washington, DC 20410-0500. Room 10276, Washington, DC 20410-0500.
Communications must refer to the above docket number and title. There
are two methods for submitting public comments. All submissions must
refer to the above docket number and title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to the Regulations Division, Office of General Counsel, Department
of Housing and Urban Development, 451 7th Street SW., Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly encourages commenters to submit
comments electronically. Electronic submission of comments allows the
commenter maximum time to prepare and submit a comment, ensures timely
receipt by HUD, and enables HUD to make them immediately available to
the public. Comments submitted electronically through the
www.regulations.gov Web site can be viewed by other commenters and
interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must be
submitted through one of the two methods specified above. Again, all
submissions must refer to the docket number and title of the rule.
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications submitted to HUD will be available for
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
above address. Due to security measures at the HUD Headquarters
building, an advance appointment to review the public comments must be
scheduled by calling the Regulations Division at 202-708-3055 (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. Copies of all comments submitted are
available for inspection and downloading at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Pamela Beck Danner, Administrator,
Office of Manufactured Housing Programs, Office of Housing, Department
of Housing and Urban Development, 451 Seventh Street SW., Washington DC
20410; telephone (202) 708-6409 (this is not a toll free number).
Persons with hearing or speech impairments may access this number via
TTY by calling the toll free Federal Information Relay Service at 1-
800-877-8389.
SUPPLEMENTARY INFORMATION:
I. Background
The National Manufactured Housing Construction and Safety Standards
Act of 1974 \1\ (Pub. L. 93-383, approved August 22, 1974) (42 U.S.C.
5401-5426) (the Act) authorizes HUD to establish and amend the Federal
Manufactured Home Construction and Safety Standards (the Construction
and Safety Standards, or Standards). When originally enacted, the Act
covered mobile homes, defined as ``a structure, transportable in one or
more sections, which is eight body feet or more in width and is thirty-
two feet in length.'' Consequently, structures measuring less than 256
square feet were excluded from the definition of mobile home under the
Act.
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\1\ When originally enacted as Title VI of the Housing and
Community Development Act of 1974, the Act was titled the ``Mobile
Home Construction and Safety Standards Act of 1974''. Section 308 of
the Housing and Community Development Act of 1980 (Pub. L. 96-399,
approved October 8, 1980) amended the Act by replacing ``Mobile
Home'' with ``Manufactured Housing'' in the title and by replacing
each reference to ``mobile home' with ``manufactured home.'' Section
599A of the Department of Housing and Urban Development's
Appropriations Act for 1998 (Pub. L. 105-276, approved October 21,
1998) amended the definition of manufactured home to exclude ``any
self-propelled recreational vehicle.''
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On May 13, 1976 (41 FR 19846), HUD issued 24 CFR part 3282, its
Mobile Home Procedural and Enforcement regulations. In this regulation,
HUD codified its first recreational vehicle exemption. Recognizing that
recreational vehicles in excess of 256 square feet would be included in
the definition of ``mobile home,'' HUD decided to exempt recreational
vehicles from the scope of the regulation since they are not designed
to be used as a permanent dwelling. HUD determined that,
``[r]ecreational vehicles do not fall within the definition of mobile
homes and are not subject to these regulations. A recreational vehicle
is a vehicle, regardless of size, which is not designed to be used as a
permanent dwelling, and in which the plumbing, heating, and electrical
systems contained therein may be operated without connection to outside
utilities and which are self-
[[Page 6807]]
propelled or towed by a light duty vehicle.''
In 1980, the Housing and Community Development Act of 1980 (Pub. L.
96-399, approved October 8, 1980) amended the definition of ``mobile
home'' in the Act by striking out ``eight body feet or more in width
and thirty-two body feet or more in length'' and substituting ``in
traveling mode, is eight body feet or more in width or forty body feet
or more in length or, when erected on site, is three hundred twenty or
more square feet.'' The Housing and Community Development Act of 1980
also added a provision to the Act that exempted from the coverage,
``any structure which meets all the requirements of this paragraph [42
U.S.C. 5402(6)] except the size requirements and with respect to which
the manufacturer voluntarily files a certification required by the
Secretary and complies with the standards established under this
title.''
On August 7, 1981 (46 FR 40498), HUD proposed removing the
exemption for certain recreational vehicles from its Procedural and
Enforcement regulations. HUD stated that it had received numerous
comments from the manufactured housing industry and from the public
criticizing the exemption, and that the exemption had been difficult to
apply. HUD also stated that it proposed establishing a procedure under
which manufacturers of units which meet the definition of manufactured
home except for the size requirements may bring their units under the
jurisdiction of the Act by providing for a certification. HUD stated
that the proposed certification would be easy to comply with and place
a minimal burden on the manufacturer.
HUD received numerous comments, however, which were critical of the
proposal to do away with the recreational vehicle exemption. As a
result, relying on a conference report on the 1980 amendments that
directed HUD to consider a more flexible standard for smaller
manufactured homes (such as park models) whose square footage is
between 320 and 400 square feet, HUD continued the exemption but
expanded it to its current form. Specifically, HUD determined that
recreational vehicles were exempt from HUD's Manufactured Home
Construction and Safety Standards and its Procedural and Enforcement
Regulations if a unit is:
(1) Built on a single chassis;
(2) 400 Square feet or less when measured at the largest horizontal
projections;
(3) Self-propelled or permanently towable by a light duty truck;
and
(4) Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or
seasonal use.
In 1988, HUD issued guidance to clarify the method for measuring a
unit to determine whether it qualified as a recreational vehicle under
HUD's exemption. In interpretative bulletin A-1-88,\2\ HUD stated that
``measurements shall be taken on the exterior of the home. The square
footage includes all siding, corner trim, including storage space, and
area enclosed by windows, but not the roofing overhang.'' In 1997, HUD
also allowed for lofts no more than 5 feet in height to be excluded
from the recreational vehicle exemption's square footage
requirements.\3\ Since 1988, A-1-88 and HUD's loft guidance have been
the sole, definitive standards for measuring for the recreational
vehicle exemption.
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\2\ http://portal.hud.gov/hudportal/documents/huddoc?id=A188.pdf.
\3\ http://portal.hud.gov/hudportal/documents/huddoc?id=loftletter.pdf.
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In the fall of 2014, HUD determined that some manufacturers were
producing park model recreational vehicles (PMRVs) which were in excess
of the recreational vehicle exemption's 400 square foot threshold. A
PMRV (also known as a recreational park trailer) is a trailer-type
recreational vehicle designed to provide temporary accommodation for
recreation, camping or seasonal use. PMRVs are built on a single
chassis, mounted on wheels and generally have a gross trailer area not
exceeding 400 square feet in the set-up mode. Based on this
determination, HUD issued a memorandum on October 1, 2014, reiterating
the method through which recreational vehicles should be measured to
qualify for the recreational vehicle exemption.\4\ As part of that
memorandum and in light of changes within both the Manufactured Housing
and Recreational Vehicle industries, HUD agreed to submit the
memorandum to the MHCC to consider whether the current exemption
required updating.
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\4\ .http://portal.hud.gov/hudportal/documents/huddoc?id=rvmemo.pdf.
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Subsequently, HUD also discovered that some Fifth Wheel Travel
Trailers could also fall within HUD regulations. A Fifth-Wheel Travel
Trailer is a towable recreational vehicle mounted on wheels and
designed to be towed by a motorized vehicle by means of a towing
mechanism that is mounted above or forward of the tow vehicle's rear
axle. However, HUD has not exercised regulatory oversight over Fifth
Wheel Travel Trailers and considered them as falling within the
regulatory exemption.
On December 2, 2014, the MHCC considered HUD's October 1, 2014,
memorandum and recommended that HUD adopt language that more clearly
differentiated recreational vehicles and manufactured housing.
Specifically, the MHCC stated that ``recreational vehicles, in their
many shapes and sizes, are not manufactured homes and are outside of
the manufactured home standards and regulations.'' It also stated there
is no need for a complicated definition of recreational vehicles and
recommended that HUD revise its recreational vehicle exception to
provide as follows:
Recreational vehicles are not subject to this part, part 3280. A
recreational vehicle is a factory built vehicular structure designed
only for recreational use and not as a primary residence or for
permanent occupancy, built and certified in accordance with NFPA
1192-15 or ANSI A119.5-09 consensus standards for recreational
vehicles and not certified as a manufactured home.
II. This Proposed Rule
After reviewing the MHCC's recommendation, HUD is accepting the
recommendation with revision. Initially, HUD proposes to restructure
the exemption by removing it from Sec. 3282.8 and codifying it at
Sec. 3282.15. HUD is also proposing to incorporate ANSI's updated 2015
Recreational Park Trailer Standard, A119.5-15, which after review, HUD
believes best reflects the current state of recreational vehicle
construction. Finally, to ensure consumer awareness of the difference
between manufactured housing and recreational vehicles and the
construction standards used to build each, HUD is proposing to require
that each ANSI A119.5-15 certified structure seeking an exemption
include a notice to be prominently displayed in a temporary manner in
the kitchen (i.e., countertop or exposed cabinet face) until the
completion of the sale transaction that explains that the manufacturer
certifies that the structure is a recreational vehicle designed only
for recreational use, and not for use as a primary residence or for
permanent occupancy. The notice shall further explain that the
manufacturer certifies that the unit has been built in accordance with
ANSI A119.5-15. This notice shall be placed prominently to ensure
consumers are made plainly aware of the distinction between
recreational vehicles that are not self-propelled and manufactured
housing, reflecting the intent of the MHCC in its recommendation to
draw a clear distinction between the two products.
[[Page 6808]]
III. Incorporation by Reference
This rulemaking proposes to incorporate ANSI A119.5-15 and NFPA
1192-15 consensus standards for Recreational Vehicles by reference. The
ANSI A119.5-15 standard covers fire and life safety criteria and
plumbing for PMRVs considered necessary to provide a reasonable level
of protection from loss of life from fire and explosion. The NFPA 1192-
15 standard provides the minimum construction standards considered
necessary to protect against loss of life from fire and explosion for
non-Park Model Recreational Vehicles. Both ANSI A119.5-15 and NFPA
1192-15 are available for review and comment via read-only, electronic
access. NFPA 1192-15 is available for review at http://www.nfpa.org/freeaccess. ANSI A119.5-15 is available for review at www.rvia.org/?ESID=A119.
IV. Specific HUD Questions for Public Comment
The public is invited to comment on any of the specific provisions
included in this proposed rule and is also invited to comment on the
following questions and on any other related matters or suggestions
regarding this proposed rule:
1. What if any costs beyond the notice requirements for
recreational vehicle manufacturers seeking an ANSI A119.5 exception
would be imposed on recreational vehicle manufacturers as a result of
the implementation of this proposed rule? Are PMRVs that meet HUD's
statutory and regulatory definitions of ``manufactured homes''
currently being constructed outside the scope of ANSI A119.5? If so,
how many units are being built? What would be the costs of requiring
these manufacturers to build to ANSI A119.5 in order to take advantage
of the exemption? Would it be more efficient and advantageous for HUD
to exercise direct regulatory oversight over this portion of the
industry? What would be the costs and benefits of doing so?
2. In what manner, if any, should HUD ensure that recreational
vehicles conforming to NFPA 1192-2015 be certified to be exempt from
the provisions of HUD's Manufactured Home Procedural and Enforcement
Regulations? For example, should HUD require that a Notice of
certification be provided in each such recreational vehicle built to
NFPA 1192-15 similar to the notice being proposed for PMRVs or should
other methods be considered such as a label to be exempt from HUD's
regulations?
3. As described in the preamble to this proposed rule, HUD has not
exercised regulatory oversight over Fifth Wheel Recreational Vehicles
that might meet the statutory and regulatory definitions of
``manufactured home,'' This proposed rule proposes to except Fifth
Wheel Recreational Vehicles from regulatory oversight. Should HUD take
a different approach and begin exercising regulatory oversight of these
units that meet the statutory and regulatory definitions of
``manufactured home?'' What are the costs and benefits of bringing
these units within HUD oversight? Should HUD exercise any regulatory
authority over Fifth Wheelers or other forms of recreational vehicles?
V. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Under Executive Order 12866 (Regulatory Planning and Review), a
determination must be made whether a regulatory action is significant
and, therefore, subject to review by the Office of Management and
Budget (OMB) in accordance with the requirements of the order.
Executive Order 13563 (Improving Regulations and Regulatory Review)
directs executive agencies to analyze regulations that are ``outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned. Executive Order 13563 also directs that, where relevant,
feasible, and consistent with regulatory objectives, and to the extent
permitted by law, agencies are to identify and consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public. This proposed rule is not a significant
regulatory action under section 3(f) of Executive Order 12866,
Regulatory Planning and Review, and it was not reviewed by the Office
of Management and Budget (OMB). This proposed rule revises the
definition of recreational vehicle to clarify the types of recreational
vehicles excepted by 24 CFR parts 3280 and 3282. In the past, both
consumers and manufacturers of recreational vehicles have questioned
whether certain recreational vehicles are subject to HUD's Construction
and Safety Standards, codified in 24 CFR part 3280, and HUD's
Manufactured Home Procedural and Enforcement Regulations, codified in
24 CFR part 3282. This proposed rule would provide that recreational
vehicles are excepted from HUD regulation if the unit is built in
conformance with either NFPA 1192-15, Standard for Recreational
Vehicles, or ANSI A119.5-15, Recreational Park Trailer Standard. This
rulemaking is not significant because it proposes to clarify rather
than change or add substance to the existing regulation.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements, unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
It is HUD's position that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
HUD and MHCC have recognized the benefit of clarifying the current
recreational vehicle exemption to allow recreational vehicle
manufacturers to certify certain units as recreational vehicles under a
streamlined process. This proposed rule is intended to promote this
goal by ensuring that recreational vehicle manufacturers have a clear
understanding of which units qualify for the recreational vehicle
exemption. In addition to benefiting the consumer by providing clarity
regarding the manufacturing standards used to construct the unit, this
proposed rule would reduce the paperwork burden and costs of
construction delays on recreational vehicle manufacturers. Furthermore,
this proposed rule's notice requirement would not have a significant
economic impact on a substantial number of small entities, as the
notice in question may be produced and displayed within a unit at
marginal expense to the manufacturer. Easing the process for
recreational vehicle certification assists manufacturers, while the
notice requirement supports achievement of the goal of ensuring a clear
distinction between recreational vehicle structures and residential
manufactured housing. Accordingly, the undersigned certifies that this
proposed rule would not have a significant economic impact on a
substantial number of small entities. Notwithstanding HUD's view that
this rule would not have a significant economic impact on a substantial
number of small entities, HUD specifically invites comments regarding
any less burdensome alternatives to this rule that will meet HUD's
objectives and the statutory requirements.
Paperwork Reduction Act
The information collection requirements contained in this proposed
rule have been submitted to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In
[[Page 6809]]
accordance with the Paperwork Reduction Act, an agency may not conduct
or sponsor, and a person is not required to respond to, a collection of
information unless the collection displays a currently valid OMB
control number. The burden of information collection in this proposed
rule is estimated as follows:
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Number of Frequency of Total annual Burden hours Total annual Total annual
Information collection respondents response responses per response burden hours Hourly cost cost
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Sec. 3282.15.......................... 17 223 3791 0.1 378.1 \1\ $30.63 $11,581.20
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Totals.............................. 17 223 3791 0.1 378.1 30.63 11,581.20
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\1\ Hourly rate based on GS-11, Step 1 salary ($63,722 per year).
In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments
from members of the public and affected agencies concerning the
information collection requirements in the proposed rule regarding:
(1) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
(2) The accuracy of the agency's estimate of the burden of the
proposed collection of information;
(3) Whether the proposed collection of information enhances the
quality, utility, and clarity of the information to be collected; and
(4) Whether the proposed information collection minimizes the
burden of the collection of information on those who are to respond;
including through the use of appropriate automated collection
techniques or other forms of information technology (e.g., permitting
electronic submission of responses).
Interested persons are invited to submit comments regarding the
information collection requirements in this rule. Under the provisions
of 5 CFR part 1320, OMB is required to make a decision concerning this
collection of information between 30 and 60 days after the publication
date. Therefore, a comment on the information collection requirements
is best assured of having its full effect if OMB receives the comment
within 30 days of the publication date. This time frame does not affect
the deadline for comments to the agency on the proposed rule, however.
Comments must refer to the proposal by name and docket number (FR-5776-
P-01) and must be sent to: HUD Desk Officer, Office of Management and
Budget, New Executive Office Building, Washington, DC 20503, Fax
number: (202) 395-6947; and Colette Pollard, HUD Reports Liaison
Officer, Department of Housing and Urban Development, 451 7th Street
SW., Room 2204, Washington, DC 20410.
Interested persons may submit comments regarding the information
collection requirements electronically through the Federal eRulemaking
Portal at http://www.regulations.gov. HUD strongly encourages
commenters to submit comments electronically. Electronic submission of
comments allows the commenter maximum time to prepare and submit a
comment, ensures timely receipt by HUD, and enables HUD to make them
immediately available to the public. Comments submitted electronically
through the http://www.regulations.gov Web site can be viewed by other
commenters and interested members of the public. Commenters should
follow the instructions provided on that site to submit comments
electronically.
Environmental Impact
A Finding of No Significant Impact with respect to the environment
has been made 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 available for public inspection online at http://www.regulations.gov, and in person 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 Seventh 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 via TTY by calling the Federal Relay Service at
(800) 877-8339.
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 or 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 proposed 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.
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 on the private sector. This proposed rule does
not impose any federal mandates on any State, local, or tribal
governments, or on the private sector, within the meaning of UMRA.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance number for the
Manufactured Housing Program is 14.171.
List of Subjects
24 CFR Part 3280
Housing standards, Incorporation by reference, Manufactured homes.
24 CFR Part 3282
Administrative practice and procedure, Consumer protection,
Intergovernmental relations, Investigations, Manufactured homes,
Reporting and recordkeeping requirements.
Accordingly, for the reasons stated in the preamble, HUD proposes
to amend parts 3280 and 3282 of title 24 of the Code of Federal
Regulations, 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. In Sec. 3280.2, revise the definition of ``Manufactured home'' to
read as follows:
[[Page 6810]]
Sec. 3280.2 Definitions.
* * * * *
Manufactured home means a structure, transportable in one or more
sections, which in the traveling mode is 8 body feet or more in width
or 40 body feet or more in length or which when erected on-site is 320
or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent
foundation when connected to the required utilities, and includes the
plumbing, heating, air-conditioning, and electrical systems contained
in the structure. This term includes all structures that meet the above
requirements except the size requirements and with respect to which the
manufacturer voluntarily files a certification pursuant to Sec.
3282.13 of this chapter and complies with the construction and safety
standards set forth in this part. The term does not include any
recreational vehicle as specified in Sec. 3282.15 of this chapter.
Calculations used to determine the number of square feet in a structure
will include the total of square feet for each transportable section
comprising the completed structure and will be based on the structure's
exterior dimensions measured at the largest horizontal projections when
erected on site. These dimensions will include all expandable rooms,
cabinets, and other projections containing interior space, but do not
include bay windows. Nothing in this definition should be interpreted
to mean that a manufactured home necessarily meets the requirements of
HUD's Minimum Property Standards (HUD Handbook 4900.1) or that it is
automatically eligible for financing under 12 U.S.C. 1709(b).
* * * * *
PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
0
3. The authority citation for part 3282 is revised to read as follows:
Authority: 28 U.S.C. 2461, 42 U.S.C. 3535(d), 5403, and 5424.
Sec. 3282.8 [Amended]
0
4. In Sec. 3282.8, remove and reserve paragraph (g).
0
5. Add Sec. 3282.15 to subpart A to read as follows:
Sec. 3282.15 Exception for recreational vehicles.
(a) Exception. A recreational vehicle that meets the requirements
of this section is exempt from 24 CFR parts 3280 and 3282.
(b) Definition. A Recreational Vehicle is:
(1) A factory built vehicular structure, not certified as a
manufactured home;
(2) Designed only for recreational use and not as a primary
residence or for permanent occupancy; and is either:
(3) Built and certified in accordance with either the NFPA 1192-15,
Standard for Recreational Vehicles or ANSI A119.5-15, Recreational Park
Trailer Standard as provided by paragraph (c) of this section; or
(4) Any vehicle which is self-propelled.
(c) Notice and certification requirements. In order to be exempt,
an ANSI A119.5-15 certified recreational vehicle must contain a Notice
prominently displayed in a temporary manner in the kitchen (i.e.,
countertop or exposed cabinet face) which must read as follows:
(1) Title of Notice. The title of the Notice shall be
``*****NOTICE*****'' which shall be legible and typed using bold
letters at least 1 inch in size.
(2) Content of Notice. The content of the notice text shall be as
follows:
The Manufacturer of this unit certifies that it is a Park Model
Recreational Vehicle designed only for recreational use, and not for
use as a primary residence or for permanent occupancy. The
manufacturer of this unit further certifies that this unit has been
built in accordance with the ANSI A119.5-15 consensus standard for
Park Model Recreational Vehicles.
(3) Text of Notice. The text of the Notice, aside from the Notice's
title shall be legible and typed using letters at least \1/2\ inch in
size.
(4) Removal of Notice. The Notice shall not be removed by any party
until the entire sales transaction has been completed. A sales
transaction is considered complete as defined under Sec. 3282.252(b).
Dated: January 4, 2016.
Edward L. Golding,
Principal Deputy Assistant Secretary for Housing.
[FR Doc. 2016-02387 Filed 2-8-16; 8:45 am]
BILLING CODE 4210-67-P