[Federal Register Volume 62, Number 151 (Wednesday, August 6, 1997)]
[Notices]
[Pages 42382-42383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20673]


      

[[Page 42381]]

_______________________________________________________________________

Part VI





Department of Housing and Urban Development





_______________________________________________________________________



Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner; Notice Requesting Statements of Interest From Private 
Organizations to Administer a Voluntary Process for the Development of 
Suggested Manufactured Housing Standards; Notice

Federal Register / Vol. 62, No. 151 / Wednesday, August 6, 1997 / 
Notices

[[Page 42382]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4233-N-01]


Office of the Assistant Secretary for Housing--Federal Housing 
Commissioner; Notice Requesting Statements of Interest From Private 
Organizations to Administer a Voluntary Process for the Development of 
Suggested Manufactured Housing Standards

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

ACTION: Notice requesting statements of interest.

-----------------------------------------------------------------------

SUMMARY: The Department is committed to full notice-and-comment 
rulemaking in proposing or changing any of the Federal Manufactured 
Home Construction and Safety Standards (FMHCSS). To improve the 
Department's ability to pursue effective rulemaking on any of the 
FMHCSS, however, the Department is interested in working with a private 
sector standards body to develop recommendations in updating the 
FMHCSS, consistent with longstanding Federal Government policy and 
recent codification of that policy. Any organization that is interested 
in coordinating and developing suggestions for changes to the FMHCSS is 
invited to advise the Department of its interest, in accordance with 
the terms of this notice.
    In addition to regular notice-and-comment rulemaking, as required 
by statute the Department will continue to consult with the National 
Manufactured Home Advisory Council before adopting, in a final rule, 
any changes to the FMHCSS that are suggested to the Department.

DATES: Organizations wishing to indicate interest in administering a 
voluntary process for developing suggested revisions of the FMHCSS must 
do so by September 22, 1997.

ADDRESSES: Responses should be sent to the Rules Docket Clerk, Office 
of the General Counsel, Room 10276, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410. 
Communications should refer to the above docket number and title.

FOR FURTHER INFORMATION CONTACT: David R. Williamson, Director, Office 
of Consumer and Regulatory Affairs, Room 9156, Department of Housing 
and Urban Development, 451 Seventh Street, SW., Washington, DC 20410-
8000, telephone (202) 708-6409. (This is not a toll-free number.) For 
hearing and speech-impaired persons, this number may be accessed via 
TTY by calling the Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 604 of the National Manufactured Construction and Safety 
Standards Act of 1974 (the Act), 42 U.S.C. 5403, requires the Secretary 
to establish preemptive FMHCSS (codified in 24 CFR part 3280) for all 
manufactured homes. In 1990, Congress established a National Commission 
on Manufactured Housing to develop recommendations for modernizing the 
Act. The Commission could not reach consensus on all aspects of its 
work, but did agree on the need for the establishment and maintenance 
of the standards through a consensus process. To this end, the 
Department joined much of the Manufactured Housing industry and 
consumer groups in supporting bipartisan legislation last year, which 
would have targeted funding for and created an independent consensus 
committee to develop and revise the standards. The amendment was 
attached to the public housing bill that was not enacted.

II. Federal Preference for a Consensus Process

    The periodic review and updating of manufactured housing 
construction and safety standards has been difficult due to strong 
differences of opinion among manufacturers, consumer groups, and other 
interested parties. President Clinton has encouraged agencies to reform 
the current way that the Federal government develops and implements 
regulations. (See Executive Order 12866.) A primary purpose of the 
reform is to develop cooperative, consultative means of producing 
sensible and effective regulations. This effort furthers a long-
standing Federal Government policy, articulated in OMB Circular A-119, 
to rely on voluntary standards whenever feasible, and to participate in 
voluntary standards-making bodies when such participation is in the 
public interest and is compatible with agencies' missions, authorities, 
priorities, and budget resources. This policy was adopted as law last 
year, when Congress passed the National Technology Transfer and 
Advancement Act of 1995 (Pub. L. 104-113, 110 Stat. 783, approved March 
7, 1996) which states, with several exceptions:

    * * * All Federal agencies and departments shall use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies, using such technical standards as a means to carry 
out policy objectives or activities determined by the agencies and 
departments.

III. Federal Advisory Committee Act Considerations

    At this time, the Department expects that the voluntary standards 
body for updating the FMHCSS will not be subject to the requirements of 
the Federal Advisory Committee Act (5 U.S.C., App.) (FACA). If the 
Department determines that this solicitation of statements of interest 
does not result in a response that will be helpful to the Department, 
the Department may choose to take the steps necessary under the FACA to 
establish and manage a formal advisory committee.

IV. Rulemaking Procedures for Issuance of Any New Standards

    The Department intends to review and accept, modify, or reject 
standards developed, packaged, and submitted to it by the designated 
voluntary standards body. If accepted or modified, the Department will 
publish in the Federal Register for comment the proposed standards or 
modifications, in accordance with the procedures for notice-and-comment 
rulemaking set out in the Administrative Procedure Act (5 U.S.C. 553). 
After considering public comments on the proposed revised standards and 
consulting with the National Manufactured Home Advisory Council in 
accordance with section 605 of the Act (42 U.S.C. 5304), the Department 
will then issue final standards in a final rule.
    The Department will not, by use of this standards development 
process, relinquish its responsibility and authority under the Act to 
establish and enforce the FMHCSS, but the Department intends and hopes 
that standards developed by this voluntary standards body will, under 
most circumstances, be accepted as submitted to the Department for 
publication as a proposed rule. In addition, the Department will 
continue to consider standards developed and submitted by other 
organizations or persons for incorporation into the FMHCSS, as required 
by law. Only those standards that are deemed appropriate by the 
Department will be incorporated into the FMHCSS.

V. Selecting a Voluntary Standards Body

    The Department wishes to select a private organization, or a 
combination of private organizations, that is qualified, interested in, 
and capable of developing and maintaining model

[[Page 42383]]

standards that can revise or supplement standards in the FMHCSS. The 
Department will look more favorably upon any statement of interest 
providing assurances that the submitting organization will seek to 
ensure that its suggestions for changes to the FMHCSS reflect a balance 
of interests and that the submitting organization is willing to give 
priority consideration to developing suggestions for standards 
identified by the Department as requiring prompt attention. At the 
present time, the Department does not anticipate providing the 
applicant with funding for the expenses incurred in the operation of 
the voluntary standards body, including travel and per diem expenses. 
Applicants must address in their statements of interest how they will 
meet this responsibility.

A. Content of Statements of Interest

    Respondents must describe in detail how they would accomplish the 
development and maintenance of revised model standards pertaining to 
the construction and safety of manufactured housing by:
    1. Identifying the technical capabilities of staff and other 
entities to be used for examining and developing changes and such 
additional standards as may be appropriate for inclusion in the FMHCSS;
    2. Defining how the proposed changes to the FMHCSS would be 
evaluated in accordance with the purpose of the Act to promote the 
safety, durability, and quality of manufactured housing;
    3. Identifying the methodology to be used in developing, updating, 
removing, or withdrawing standards, and stating the frequency that 
recommendations resulting from these actions would be submitted to the 
Department;
    4. Stating proposed procedures to be used to balance the views of 
divergent interest groups (manufacturers and suppliers, consumers, and 
State and local regulatory officials);
    5. Stating whether the applicant is willing to provide travel and 
per diem for the consumer and State government representatives who 
would be unable to attend the meetings of the voluntary standards body 
without such travel and expense reimbursement.
    6. Stating whether the applicant is willing, upon a showing of 
need, to furnish technical support to any interest category of the 
voluntary standards committee.
    7. Providing the policies and procedures to be used for the 
identification and appointment of voluntary standards body members, and 
for managing, coordinating, voting on, processing, and submitting the 
proposed changes in the FMHCSS to the Department.

B. Criteria To Be Used in Reviewing Statements of Interest

    In reviewing the statements of interest, the Department will 
consider the demonstrated knowledge, experience, and qualifications of 
each applicant in the following areas:
    1. Building codes and standards, their function, development and 
scope;
    2. The development, review, approval and publication of model 
standards with respect to building codes and standards;
    3. Organizing and coordinating efforts that develop standards for 
structural, testing, fire safety, plumbing, mechanical, ventilation and 
electrical systems pertaining to residential building; and
    4. Qualifications, time commitments, and assignments of managerial, 
administrative and technical personnel, whether primarily involved or 
referred to on an as-needed basis.

    Dated: July 31, 1997
Nicolas P. Retsinas,
Assistant Secretary for Housing--Federal Housing Commissioner
[FR Doc. 97-20673 Filed 8-5-97; 8:45 am]
BILLING CODE 4210-27-P