[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Notices]
[Pages 34165-34166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14510]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5880-N-01]
Notice of Extension of Time for Completion of Manufacturer
Notification and Correction Plan
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, Inc. (Clayton) for an extension of time to fully
implement its plan to notify purchasers and correct certain
manufactured homes that were installed with TruVent plastic range hood
exhaust ducts, an item that Clayton agreed to recall after a HUD audit
questioned whether the duct
[[Page 34166]]
complied with HUD's Manufactured Home Construction and Safety
Standards. The recall includes homes built by the following Clayton
manufacturing subsidiaries: CMH Manufacturing, Inc.; CMH Manufacturing
West, Inc.; Southern Energy Homes, Inc.; Giles Industries, Inc.; and
Cavalier Homes, Inc. Clayton initiated the recall on April 6, 2015, and
requested additional time to continue to complete repairs on affected
homes on May 30, 2015. 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 August 3,
2015.
DATES: Effective Date: June 4, 2015.
FOR FURTHER INFORMATION CONTACT: Pamela Beck Danner, Administrator and
Designated Federal Official (DFO), Office of Manufactured Housing
Programs, 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 Information Relay Service at 800-877-8339.
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 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 the
Department. Under Sec. 3282.410(c), the manufacturer may request an
extension of the deadline if it shows good cause for the extension and
the Secretary 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 the Department publish notice of the
extension in the Federal Register.
During a HUD audit of the CMH Manufacturing Savannah, TN facility,
the use of TruVent plastic expanding vent pipes for the range hood
exhaust was questioned as not being in compliance with Sec.
3280.710(e) of HUD's Construction and Safety Standards. On April 6,
2015, after reviewing the matter, Clayton agreed to begin a recall of
homes sold with the plastic expanding vent pipes and repair the homes
by installing new metal ducts. On May 30, 2015, Clayton requested an
extension of time to complete the correction process. In its request,
Clayton stated of the 745 homes affected by the recall, it had
completed repairs on 428 homes. Clayton also stated that four of the
sixteen facilities affected by the recall have completed their repairs
and that the others are very close to completing their repairs as well.
With its request, Clayton submitted an update on the implementation on
its plan of notification and correction.
This notice advises the public that the Department finds that
Clayton has shown good cause and that the extension is justified and
not contrary to the public interest and, therefore, has granted the
requested extension until August 3, 2015, to permit Clayton to continue
its good faith efforts to continue repairs on the remaining 317 homes
affected by this recall.
Dated: June 9, 2015.
Pamela Beck Danner,
Administrator, Office of Manufactured Housing Programs.
[FR Doc. 2015-14510 Filed 6-12-15; 8:45 am]
BILLING CODE 4210-67-P