Notice of Extension of Time for Completion of Manufacturer Corrections Approved Under a Waiver of a Plan for Notification, 20411 [2016-08050]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Notices]
[Page 20411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08050]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5940-N-01]


Notice of Extension of Time for Completion of Manufacturer 
Corrections Approved Under a Waiver of a Plan for Notification

AGENCY: Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner, Department of Housing and Urban Development (HUD).

ACTION: Notice of extension of time.

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SUMMARY: This notice advises the public that HUD received a request 
from Clayton Homes (Clayton) for an extension of time to fully 
implement its plan to correct affected homes without implementation of 
a Plan of Notification. Certain manufactured homes built and sold by 
Clayton contained certain Nortek furnace models with the potential for 
incorrect wiring of circuit breakers used for over-current protection 
of the furnace. After reviewing Clayton's request, HUD determined that 
Clayton has shown good cause and granted its request for an extension. 
The requested extension is granted until May 12, 2016.

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., Room 9166, 
Washington, DC 20410, telephone 202-708-6423 (this is not a toll-free 
number). Persons who have difficulty hearing or speaking may access 
this number via TTY by calling the toll-free Federal Relay Service at 
800-877-8339.

DATES: Effective Date: March 21, 2016.

SUPPLEMENTARY INFORMATION: The National Manufactured Housing 
Construction and Safety Standards Act of 1974 (42 U.S.C. 5401-5426) 
(the Act) authorizes HUD to establish the Federal Manufactured Home 
Construction and Safety Standards (Construction and Safety Standards), 
codified in 24 CFR part 3280. Section 615 of the Act (42 U.S.C. 5414) 
requires that manufacturers of manufactured homes notify purchasers if 
the manufacturer determines, in good faith, that a defect exists or is 
likely to exist in more than one home manufactured by the manufacturer 
and the defect relates to the Construction and Safety Standards or 
constitutes an imminent safety hazard to the purchaser of the 
manufactured home. The notification shall also inform purchasers 
whether the defect is one that the manufacturer will have corrected at 
no cost or is one that must be corrected at the expense of the 
purchaser/owner. The manufacturer is responsible to notify purchasers 
of the defect within a reasonable time after discovering the defect.
    HUD's procedural and enforcement provisions at 24 CFR part 3282, 
subpart I (Subpart I) implement these notification and correction 
requirements. If a manufacturer determines that it is responsible for 
providing notification under Sec.  3282.405 and correction under Sec.  
3282.406, the manufacturer must prepare a plan for notifying purchasers 
of the homes containing the defect pursuant to Sec. Sec.  3282.408 and 
3282.409. Notification of purchasers must be accomplished by certified 
mail or other more expeditious means that provides a receipt. 
Notification must be provided to each retailer or distributor to whom 
any manufactured home in the class of homes containing the defect was 
delivered, to the first purchaser of each manufactured home in the 
class of manufactured homes containing the defect, and to other persons 
who are a registered owners of a manufactured home in the class of 
homes containing the defect. The manufacturer must complete the 
implementation of the plan for notification and correction on or before 
the deadline approved by the State Administrative Agency or HUD. 
Pursuant to Sec.  3282.407(c), manufacturers may request a waiver of 
the notification requirements if all affected homes have been 
identified and the manufacturer agrees to correct all affected homes 
within a specific time from the approval date.
    Under Sec.  3282.410(c), the manufacturer may request an extension 
of a previously established deadline if it shows good cause for the 
extension and the Secretary of HUD decides that the extension is 
justified and not contrary to the public interest. If the request for 
extension is approved, Sec.  3282.410(c) requires that HUD publish 
notice of the extension in the Federal Register.
    On December 31, 2015, Clayton \1\ notified HUD and requested a 
waiver of notification for certain manufactured homes that contained 
furnaces with circuit breaker wiring labels that if followed, would 
result in incorrect electrical circuit completion. Specifically, the 
homes were installed with certain Nortek furnaces, which were 
subsequently voluntarily identified by Nortek as being affected by its 
labeling problem. HUD approved Clayton's waiver request on January 13, 
2016. On March 21, 2016, Clayton submitted a request for an extension 
regarding the completion of corrections required, originally to be 
completed within 60 days of HUD's waiver approval (by March 13, 2016). 
Pursuant to its waiver request, Clayton stated that it was working with 
the furnace manufacturer (Nortek) to correct affected homes in the 
hands of consumers.
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    \1\ Information about Clayton Industries can be found at https://www.ClaytonHomes.com.
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    Clayton, by letter dated March 21, 2016, requested an extension of 
60 days to complete the correction process. This notice advises that 
HUD on March 21, 2016, concluded that Clayton has shown good cause and 
that the extension is justified and not contrary to the public 
interest, and granted the requested extension until May 12, 2016. This 
extension permits Clayton to continue its good faith efforts to correct 
affected homes at no cost to affected homeowners.

    Dated: April 4, 2016.
Pamela Beck Danner,
Administrator, Office of Manufactured Housing Programs.
[FR Doc. 2016-08050 Filed 4-6-16; 8:45 am]
 BILLING CODE 4210-67-P