81_FR_20478 81 FR 20411 - Notice of Extension of Time for Completion of Manufacturer Corrections Approved Under a Waiver of a Plan for Notification

81 FR 20411 - Notice of Extension of Time for Completion of Manufacturer Corrections Approved Under a Waiver of a Plan for Notification

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 67 (April 7, 2016)

Page Range20411-20411
FR Document2016-08050

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.

Federal Register, Volume 81 Issue 67 (Thursday, April 7, 2016)
[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Notices]
[Page 20411]
From the Federal Register Online  [www.thefederalregister.org]
[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 http://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



                                                                                 Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Notices                                                   20411

                                                  97.048, Disaster Housing Assistance to                  authorizes HUD to establish the Federal               requires that HUD publish notice of the
                                                  Individuals and Households In Presidentially            Manufactured Home Construction and                    extension in the Federal Register.
                                                  Declared Disaster Areas; 97.049,                        Safety Standards (Construction and                       On December 31, 2015, Clayton 1
                                                  Presidentially Declared Disaster Assistance—            Safety Standards), codified in 24 CFR                 notified HUD and requested a waiver of
                                                  Disaster Housing Operations for Individuals                                                                   notification for certain manufactured
                                                  and Households; 97.050, Presidentially
                                                                                                          part 3280. Section 615 of the Act (42
                                                  Declared Disaster Assistance to Individuals             U.S.C. 5414) requires that manufacturers              homes that contained furnaces with
                                                  and Households—Other Needs; 97.036,                     of manufactured homes notify                          circuit breaker wiring labels that if
                                                  Disaster Grants—Public Assistance                       purchasers if the manufacturer                        followed, would result in incorrect
                                                  (Presidentially Declared Disasters); 97.039,            determines, in good faith, that a defect              electrical circuit completion.
                                                  Hazard Mitigation Grant.                                exists or is likely to exist in more than             Specifically, the homes were installed
                                                                                                          one home manufactured by the                          with certain Nortek furnaces, which
                                                  W. Craig Fugate,
                                                                                                          manufacturer and the defect relates to                were subsequently voluntarily
                                                  Administrator, Federal Emergency                        the Construction and Safety Standards                 identified by Nortek as being affected by
                                                  Management Agency.
                                                                                                          or constitutes an imminent safety                     its labeling problem. HUD approved
                                                  [FR Doc. 2016–08052 Filed 4–6–16; 8:45 am]                                                                    Clayton’s waiver request on January 13,
                                                                                                          hazard to the purchaser of the
                                                  BILLING CODE 9111–23–P                                  manufactured home. The notification                   2016. On March 21, 2016, Clayton
                                                                                                          shall also inform purchasers whether                  submitted a request for an extension
                                                                                                          the defect is one that the manufacturer               regarding the completion of corrections
                                                  DEPARTMENT OF HOUSING AND                               will have corrected at no cost or is one              required, originally to be completed
                                                  URBAN DEVELOPMENT                                       that must be corrected at the expense of              within 60 days of HUD’s waiver
                                                                                                          the purchaser/owner. The manufacturer                 approval (by March 13, 2016). Pursuant
                                                  [Docket No. FR–5940–N–01]
                                                                                                          is responsible to notify purchasers of the            to its waiver request, Clayton stated that
                                                  Notice of Extension of Time for                         defect within a reasonable time after                 it was working with the furnace
                                                  Completion of Manufacturer                              discovering the defect.                               manufacturer (Nortek) to correct
                                                  Corrections Approved Under a Waiver                        HUD’s procedural and enforcement                   affected homes in the hands of
                                                  of a Plan for Notification                              provisions at 24 CFR part 3282, subpart               consumers.
                                                                                                          I (Subpart I) implement these                            Clayton, by letter dated March 21,
                                                  AGENCY:  Office of the Assistant                        notification and correction                           2016, requested an extension of 60 days
                                                  Secretary for Housing—Federal Housing                   requirements. If a manufacturer                       to complete the correction process. This
                                                  Commissioner, Department of Housing                     determines that it is responsible for                 notice advises that HUD on March 21,
                                                  and Urban Development (HUD).                            providing notification under § 3282.405               2016, concluded that Clayton has shown
                                                  ACTION: Notice of extension of time.                    and correction under § 3282.406, the                  good cause and that the extension is
                                                                                                          manufacturer must prepare a plan for                  justified and not contrary to the public
                                                  SUMMARY:    This notice advises the public              notifying purchasers of the homes                     interest, and granted the requested
                                                  that HUD received a request from                        containing the defect pursuant to                     extension until May 12, 2016. This
                                                  Clayton Homes (Clayton) for an                          §§ 3282.408 and 3282.409. Notification                extension permits Clayton to continue
                                                  extension of time to fully implement its                of purchasers must be accomplished by                 its good faith efforts to correct affected
                                                  plan to correct affected homes without                  certified mail or other more expeditious              homes at no cost to affected
                                                  implementation of a Plan of                             means that provides a receipt.                        homeowners.
                                                  Notification. Certain manufactured                      Notification must be provided to each                   Dated: April 4, 2016.
                                                  homes built and sold by Clayton                         retailer or distributor to whom any
                                                                                                                                                                Pamela Beck Danner,
                                                  contained certain Nortek furnace                        manufactured home in the class of
                                                                                                                                                                Administrator, Office of Manufactured
                                                  models with the potential for incorrect                 homes containing the defect was
                                                                                                                                                                Housing Programs.
                                                  wiring of circuit breakers used for over-               delivered, to the first purchaser of each
                                                                                                                                                                [FR Doc. 2016–08050 Filed 4–6–16; 8:45 am]
                                                  current protection of the furnace. After                manufactured home in the class of
                                                                                                                                                                BILLING CODE 4210–67–P
                                                  reviewing Clayton’s request, HUD                        manufactured homes containing the
                                                  determined that Clayton has shown                       defect, and to other persons who are a
                                                  good cause and granted its request for                  registered owners of a manufactured
                                                                                                                                                                DEPARTMENT OF HOUSING AND
                                                  an extension. The requested extension is                home in the class of homes containing
                                                                                                                                                                URBAN DEVELOPMENT
                                                  granted until May 12, 2016.                             the defect. The manufacturer must
                                                  FOR FURTHER INFORMATION CONTACT:                        complete the implementation of the                    [Docket No. FR–5941–N–01]
                                                  Pamela Beck Danner, Administrator,                      plan for notification and correction on
                                                                                                          or before the deadline approved by the                Notice of Extension of Time for
                                                  Office of Manufactured Housing                                                                                Completion of Manufacturer
                                                  Programs, Office of Housing,                            State Administrative Agency or HUD.
                                                                                                          Pursuant to § 3282.407(c),                            Corrections Approved Under a Waiver
                                                  Department of Housing and Urban                                                                               of a Plan for Notification
                                                  Development, 451 Seventh Street SW.,                    manufacturers may request a waiver of
                                                  Room 9166, Washington, DC 20410,                        the notification requirements if all                  AGENCY:  Office of the Assistant
                                                  telephone 202–708–6423 (this is not a                   affected homes have been identified and               Secretary for Housing—Federal Housing
                                                  toll-free number). Persons who have                     the manufacturer agrees to correct all                Commissioner, Department of Housing
                                                                                                          affected homes within a specific time                 and Urban Development (HUD).
                                                  difficulty hearing or speaking may
                                                                                                          from the approval date.
                                                  access this number via TTY by calling                                                                         ACTION: Notice of extension of time.
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                                                                                                             Under § 3282.410(c), the manufacturer
                                                  the toll-free Federal Relay Service at                  may request an extension of a
                                                  800–877–8339.                                                                                                 SUMMARY:   This notice advises the public
                                                                                                          previously established deadline if it                 that HUD received a request from Cavco
                                                  DATES: Effective Date: March 21, 2016.                  shows good cause for the extension and                Industries (Cavco) for an extension of
                                                  SUPPLEMENTARY INFORMATION: The                          the Secretary of HUD decides that the                 time to fully implement its plan to
                                                  National Manufactured Housing                           extension is justified and not contrary to
                                                  Construction and Safety Standards Act                   the public interest. If the request for                 1 Information about Clayton Industries can be

                                                  of 1974 (42 U.S.C. 5401–5426) (the Act)                 extension is approved, § 3282.410(c)                  found at http://www.ClaytonHomes.com.



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Document Created: 2016-04-06 23:43:41
Document Modified: 2016-04-06 23:43:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of extension of time.
ContactPamela 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.
FR Citation81 FR 20411 

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