[Federal Register Volume 62, Number 96 (Monday, May 19, 1997)]
[Proposed Rules]
[Pages 27486-27491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-13048]



[[Page 27485]]

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Part VIII





Department of Housing and Urban Development





_______________________________________________________________________



24 CFR Part 200



HUD Building Products Standards and Certification Program--Use of 
Materials Bulletins; Proposed Rule

  Federal Register / Vol. 62, No. 96 / Monday, May 19, 1997 / Proposed 
Rules  

[[Page 27486]]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 200

[Docket No. FR-4137-P-01]
RIN 2502-AG84


HUD Building Products Standards and Certification Program--Use of 
Materials Bulletins

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

ACTION: Proposed rule.

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SUMMARY: This proposed rule would adopt a number of Use of Materials 
Bulletins (UM) and references related to national voluntary consensus 
standards in accordance with OMB Circular 119A. It also supplements the 
HUD Building Product Standards and Certification Program by requiring 
that additional information be included on the label, tag, or mark that 
each manufacturer affixes to the certified product. The labeling of 
these products is in the public interest because it will allow 
consumers to readily identify those products that comply with existing 
voluntary consensus standards. In addition, the adoption of a UM for a 
product eliminates the need for manufacturers to seek HUD acceptance 
through ``Materials Releases'' for individual products that meet the 
standard of a UM. HUD accepts products that use on a generic basis for 
use in houses covered under HUD mortgage insurance programs, thus 
streamlining Departmental requirements. In addition, this proposed rule 
specifies the frequency with which products should be tested in order 
to be acceptable to HUD; and modifies section (d)(4)(ii) of 24 CFR 
200.935 to allow the use of American Society for Quality Controls 
(ASQC) standards 9000-94, 9001-94, 9002-94, 9003-94, & 9004-94 as 
voluntary guidelines in any quality review.

DATES: Comment due date: July 18, 1997.

ADDRESSES: Interested persons are invited to submit comments regarding 
this proposed rule to the Rules Docket Clerk, Office of the General 
Counsel, Room 10276, Department of Housing & Urban Development, 451 
Seventh Street, S.W., Washington, D.C. 20410-8000. Communication should 
refer to the above docket number and title. A copy of each 
communication submitted will be available for public inspection and 
copying between 7:30 a.m. and 5:30 p.m. weekdays at the above address. 
FAXED comments will not be accepted.

FOR FURTHER INFORMATION CONTACT: David R. Williamson, Director, Office 
of Consumer and Regulatory Affairs, Department of Housing and Urban 
Development, 451 Seventh Street S.W., Room 9156, Washington, D.C. 
20410-8000; telephone: voice, (202) 708-6423; TTY, (202) 708-4594 
(these are not toll free numbers.)

SUPPLEMENTARY INFORMATION: Pursuant to HUD's Building Product Standards 
and Certification Programs, authorized by Section 521 of the National 
Housing Act, 12 U.S.C. 1735e, the Department issues Use of Materials 
Bulletins (UMs). The Use of Materials Bulletins are issued in the 
public interest, to provide HUD standards that establish minimum 
acceptable qualities for certain materials and products to be used in 
properties subject to mortgages insured by the Department. In 
accordance with 24 CFR 200.935, UMs are also used in third-party 
labeling and certification programs to assure that building products 
used in HUD programs meet the appropriate national voluntary standards.
    The Department of Housing and Urban Development issues ``Materials 
Releases'' to individual manufacturers for the specific acceptance of 
new or innovative building products where there are no existing 
standards. ``Use of Materials Bulletins'' are also issued by the 
Department for the acceptance of new products on a generic or class 
basis, thus making it unnecessary for individual manufacturers to 
continue applying for approval of similar products, and making the 
approval process overall much less cumbersome. This proposed rule 
permits public comment prior to the issuance of a Use of Materials 
Bulletin.
    Materials Releases are periodically renewed or revised, for a fee, 
by the Department. In cases where there are many manufacturers of 
similar new products, or standards developed that cover these products, 
the Department cancels the Materials Releases and refers to the new 
standard and a certification program in a Use of Materials Bulletin.
    With the promulgation of a Use of Materials Bulletin, individual 
manufacturers no longer have to pay a fee to the Department for the 
maintenance of their Materials Releases, and the Department no longer 
has the administrative burden of renewing or revising the individual 
Materials Releases. For these reasons, in the future, the Department 
anticipates increasing its reliance on Use of Materials Bulletins to 
accept new or innovative building products.
    This proposed rule would promulgate or revise the following Use of 
Materials Bulletins:

UM 73b  Plastic Plumbing Fixtures at Sec. 200.937.
UM 44e  Carpet at Sec. 200.942.
UM 38j  Grademarking of Lumber at Sec. 200.943.
UM 40c  Plywood at Sec. 200.944.
UM 72b  Carpet Cushion at Sec. 200.948.
UM 105  Elastomeric Joint Sealants at Sec. 200.951.
UM 70b  Particleboard Stair Treads at Sec. 200.952.
UM 110  Sprayed Polyurethane Foam Roof Insulation at Sec. 200.953.
UM 60a  Construction Adhesives for Field Glued Wood Floor Systems at 
Sec. 200.954.
UM 111  Fenestration Products (Windows and Doors) at Sec. 200.955.

    Third-party certification programs for elastomeric joint sealants 
and sprayed polyurethane foam for roof insulation have been informally 
accepted by the Department, and by this rule are designated as new 
Bulletins UM 105 and UM 110 under the procedures of 24 CFR 200.935.
    In addition, paragraph (d)(4)(ii) of 24 CFR 200.935 is being 
modified to allow the use of American Society for Quality Control 
standards 9000-94, 9001-94, 9002-94, 9003-94, and 9004-94 as voluntary 
guidelines in any quality review. These standards are identical to the 
International Standards Organization standards. This change is 
necessary because no criteria currently exist for a HUD determination 
of an acceptable quality assurance program.
    The Department has evaluated the updated technical standards 
prepared by national standards organizations, and plans to adopt these 
standards by incorporating them in the UM by reference. The UMs adopted 
would also augment the labeling requirements of 24 CFR 200.935(d)(6). 
In addition, the Department is also requesting comments on the 
frequency of testing specified for each third party certification 
program.
    The reference in Sec. 900.929(b)(2) to the MPS compilation is 
updated to cite the 1994 edition.
    Copies of UMs are available for public inspection during regular 
business hours in the Office of Consumer and Regulatory Affairs, 
Department of Housing and Urban Development, Room 9156, 451 Seventh 
Street S.W., Washington, DC., 20410-8000.

Findings and Certifications

Regulatory Planning and Review

    This proposed rule has been reviewed in accordance with Executive 
Order 12866, issued by the President on

[[Page 27487]]

September 30, 1993 (58 FR 51735, October 4, 1993). Any changes to the 
proposed rule resulting from this review are available for public 
inspection between 7:30 a.m. and 5:30 p.m. weekdays in the Office of 
the Rules Docket Clerk.

Paperwork Reduction Act Statement

    The proposed information collection requirements contained at 
Secs. 900.937, 900.942, 900.943, 900.944, 900.948, 900.951, 900.952, 
900.953, 900.954, and 900.955 of this rule have been submitted to the 
Office of Management and Budget (OMB) for review, under section 3507(d) 
of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). 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 valid control number.
    (a) Estimate of the total reporting and recordkeeping burden that 
will result from the collection of information:

----------------------------------------------------------------------------------------------------------------
                                                                                         Est. avg.   Est. annual
                      Reporting Burden                         Number of     Freq. of     response      burden  
                                                              respondents    response   time (hrs.)     (hrs.)  
----------------------------------------------------------------------------------------------------------------
                                                                       20           20            1          400
                                                             ---------------------------------------------------
      Totaling Reporting Burden.............................  ...........  ...........  ...........          400
----------------------------------------------------------------------------------------------------------------

    (b) In accordance with 5 CFR 1320.8(d)(1), the Department is 
soliciting comments from members of the public and affected agencies 
concerning the proposed collection of information to:
    (1) Evaluate 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) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize 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 proposal. 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 
today's 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 today's publication. 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-4137) and must be sent to: Joseph F. Lackey, Jr. 
HUD Desk Officer, Office of Management and Budget, New Executive Office 
Building, Washington, DC 20503.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 establishes 
requirements for Federal agencies to assess the effects of their 
regulatory actions on State, local, and tribal governments and the 
private sector. This proposed rule does not impose any Federal mandates 
on any State, local or tribal governments or the private sector within 
the meaning of the Unfunded Mandates Reform Act of 1995.

Environmental Impact

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations in 24 CFR Part 50, 
which implement Section 102(2)(C) of the National Environmental Policy 
Act of 1969, 42 U.S.C. 4332. The Finding of No Significant Impact is 
available for public inspection and copying between 7:30 a.m. and 5:30 
p.m. weekdays in the Office of the Rules Docket Clerk, Room 10276, 451 
Seventh Street, SW, Washington, D.C. 20410.

Impact on Small Entities

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)) has reviewed and approved this proposed rule, and in so 
doing certifies that this proposed rule will not have a significant 
economic impact on a substantial number of small entities. These Use of 
Materials Bulletins adopt standards that are nationally recognized 
throughout the affected industry and will not create a burden on 
manufacturers currently meeting the standards. The proposed rule will 
have no adverse or disproportionate economic impact on small 
businesses.

Federalism Impact

    The General Counsel has determined, as the Designated Official for 
HUD under section 6(a) of Executive Order 12612, Federalism, that this 
proposed rule does not have federalism implications concerning the 
division of local, State, and federal responsibilities. The rule only 
proposes to adopt standards that are already nationally recognized 
throughout the affected industry.

Executive Order 13045, Protection of Children from Environmental Health 
Risks and Safety Risks

    This proposed rule will not pose an environmental health risk or 
safety risk on children.

List of Subjects in 24 CFR Part 200

    Administrative practice and procedure, Claims, Equal employment 
opportunity, Fair housing, Home improvement, Housing standards, 
Incorporation by reference, Lead poisoning, Loan programs--housing and 
community development, Minimum property standards, Mortgage insurance, 
Organization and functions (Government agencies), Penalties, Reporting 
and recordkeeping requirements, Social security, Unemployment 
compensation, Wages.

    Accordingly, 24 CFR part 200 is proposed to be amended as follows:

PART 200--INTRODUCTION

    1. The authority citation for 24 CFR part 200 is revised to read as 
follows:

    Authority: Titles I and II of the National Housing Act (12 
U.S.C. 1701 through 1715z-18); sec. 7(d), Department of Housing and 
Urban Development Act (42 U.S.C. 3535 (d)).

    2. In Sec. 200.929, paragraph (b)(2) is revised to read as follows:


Sec. 200.929  Description and identification of minimum property 
standards.

* * * * *
    (b) * * *
    (2) MPS for Housing 4910.1, 1994 edition. This volume applies to 
buildings and sites designed and used for normal multifamily occupancy,

[[Page 27488]]

including both unsubsidized and subsidized insured housing, and to 
care-type housing insured under the National Housing Act. It also 
includes, in Appendix K, a reprint of the MPS for One and Two Family 
Dwellings identified in paragraph (b)(1) of this section.
    3. Section 200.931 is revised to read as follows:


Sec. 200.931  Statement of availability.

    Updated copies of the Minimum Property Standards and Use of 
Materials Bulletins are available for public examination in the Office 
of Consumer and Regulatory Affairs, Department of Housing and Urban 
Development, room 9156, 451 Seventh St. S.W., Washington, D.C. 20410-
8000, and at the Office of the Federal Register, 800 North Capitol 
Street, NW, Suite 700, Washington, D.C., 20408. In addition, copies of 
volumes 1, 2, and 3 of the Minimum Property Standards may be purchased 
from the U.S. Government Printing Office, Washington, D.C. 20402.
    4. In Sec. 200.935, paragraph (d)(4)(ii) is revised to read as 
follows:


Sec. 200.935  Administrator qualifications and procedures for HUD 
building products certification programs.

* * * * *
    (d) * * *
    (4) * * *
    (ii) Quality assurance system review. (A) Each administrator shall 
examine a participating manufacturer's facilities and quality assurance 
system procedures to determine that they are adequate to assure 
continuing production of the product that complies with the applicable 
standard. These quality assurance systems procedures shall be 
documented in the administrator's and the manufacturer's files. If a 
manufacturer's quality assurance system is not satisfactory to the 
administrator, validation of the manufacturer's declaration of 
certification shall be withheld. The following American Society for 
Quality Control (ASQC) standards, which are incorporated by reference 
and which are identical to the International Standards Organization 
standards, may be used as guidelines in any quality assurance review:
    (1) ASQC Q 9000-94 Quality Management and Quality Assurance 
Standards Guidelines for Selection and Use;
    (2) ASQC Q 9001-94 Quality Systems-Model for Quality Assurance in 
Design, Development, Production, Installation, and Servicing;
    (3) ASQC Q 9002-94 Quality Systems-Model for Quality in Production 
and Installation;
    (4) ASQC Q 9003-94 Quality Systems-Model for Quality Assurance in 
Final Inspection and Test;
    (5) ASQC Q 9004-94 Quality Management and Quality System Elements-
Guidelines.
    (B) These standards have been approved by the Director of the 
Federal Register for incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. They are available from the American 
Society for Quality Control (ASQC), 310 West Wisconsin Avenue, 
Milwaukee, WI 53208.
* * * * *
    5. Section 200.937 is revised to read as follows:


Sec. 200.937  Supplementary specific requirements under the HUD 
building product standards and certification program for plastic 
plumbing fixtures.

    (a) Applicable standards. (1) All plastic plumbing fixtures shall 
be designed, manufactured, and tested in compliance with the following 
American National Standards Institute (ANSI) standards, which are 
incorporated by reference:
    (i) ANSI Z 124.1-95 Plastic Bathtub Units;
    (ii) ANSI Z 124.2-95 Plastic Shower Receptors;
    (iii) ANSI Z 124.3-95 Plastic Lavatories;
    (iv) ANSI Z 124.4-96 Plastic Water Closets, Bowls, & Tanks;
    (v) ANSI Z 124.6-90 Plastic Sinks; and
    (vi) ANSI Z 124.7-93 Plastic Spa Shells.
    (2) These standards have been approved by the Director of the 
Federal Register for incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. They are available from the American 
National Standards Institute, Inc., 11 West 42nd Street, New York, New 
York 10036.
    (b) Labeling. Under the procedures set forth in 24 CFR 
200.935(d)(6) concerning labeling of a product, the administrator's 
validation mark and the manufacturer's certification of compliance with 
the applicable standards are required to be on the certification label 
issued by the administrator to the manufacturer. Each plastic plumbing 
fixture shall be marked as conforming to UM 73b. The label shall be 
located on each plastic plumbing fixture so that it is available for 
inspection. The label shall include the manufacturer's name and plant 
location.
    (c) Periodic tests and quality assurance inspections. Under the 
procedures concerning periodic tests and quality assurance inspections, 
the frequency of testing for a product shall be described in the 
specific building product certification program. In the case of plastic 
plumbing fixtures, testing and inspection shall be conducted as 
follows:
    (1) At least every year, the administrator shall visit the 
manufacturer's facility to select a sample of each certified plastic 
plumbing fixture for testing in a laboratory accredited by the National 
Voluntary Laboratory Accreditation Program (NVLAP) of the U.S. 
Department of Commerce.
    (2) The administrator shall also review the quality assurance 
procedures once a year to assure that they are being followed by the 
manufacturer.


Secs. 200.938, 200.939, and 200.941  [Removed]

    6. Sections 200.938, 200.939, and 200.941 are removed.
    7. Section 200.942 is revised to read as follows:


Sec. 200.942  Supplementary specific requirements under the HUD 
building product standards and certification program for carpets and 
carpets with attached cushions.

    (a) Applicable standards. (1) All carpets and carpets with attached 
cushions shall be designed, manufactured, and tested in compliance with 
the following standards:
    (i) ASTM D297-95 Standard Test Method for Rubber Products-Chemical 
Analysis;
    (ii) ASTM D5848-95 Standard Test Method for Mass per Unit Area of 
Pile Floor Coverings;
    (iii) ASTM D1335-72 Standard Test Method for Pile Floor Coverings;
    (iv) ASTM D3936-90 Test Method for Delamination of Secondary 
Backing of Pile Coverings;
    (v) ASTM D2646-95 Test Method for Backing Fabrics;
    (vi) AATCC 16E-93 Test Method for Colorfastness to Light-Xenon; and
    (vii) AATCC 165-93 Test for Crocking.
    (2) These standards have been approved by the Director of the 
Federal Register for incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. They are available from the American 
Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West 
Conshohocken, Pennsylvania 19428; the American Association of Textile 
Chemists and Colorists (AATCC), P.O. Box 12215, Research Triangle Park, 
NC 27709; U.S. Department of Commerce, NIST, NVLAP, Gaithersburg, MD 
20899.
    (b) Labeling. Under the procedures set forth in 24 CFR 
200.935(d)(6)

[[Page 27489]]

concerning labeling of a product, the administrator's validation mark 
and the manufacturer's certification of compliance with the applicable 
standards are required to be on the certification label issued by the 
administrator to the manufacturer. Each carpet shall be marked at 
intervals of at least 6 feet and no less than 1 foot from the edge, in 
compliance with UM 44e. The label shall include the manufacturer's 
name, plant location, and statement of compliance with UM 44e.
    (c) Periodic tests and quality assurance inspections.
    Under the procedures set forth in 24 CFR 200.935(d)(8) concerning 
periodic tests and quality assurance inspections, the frequency of 
testing for a product shall be described in the specific building 
product certification program. In the case of carpet and carpet with 
attached cushion, testing and inspection shall be conducted as follows:
    (1) Two samples of each certified quality shall be taken every six 
months from the manufacturer and one sample annually from the public 
marketplace for testing in a laboratory accredited by the National 
Voluntary Laboratory Accreditation Program (NVLAP) of the U.S. 
Department of Commerce.
    (2) The administrator shall also review the quality procedures 
twice a year to assure that they are being followed by the 
manufacturer.
    (d) Cut pile polypropylene carpet. Provisions for cut pile 
polypropylene are included under UM 44e.
    8. Section 200.943 is revised to read as follows:


Sec. 200.943  Supplementary specific requirements under the HUD 
building product standards and certification program for the 
grademarking of lumber.

    (a) Applicable Standard. (1) In accordance with UM 38j, lumber 
shall be grademarked in compliance with the U.S. Department of Commerce 
Voluntary Product Standard PS-20-94 American Softwood Lumber Standard.
    (2) This standard has been approved by the Director of the Federal 
Register for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. It is available from U.S. Department of 
Commerce, American Lumber Standard Committee (ALSC), P.O. Box 210, 
Germantown, Maryland 20875-0210.
    (b) Labeling. Under the procedures set forth in 24 CFR 
200.935(d)(6) concerning labeling of a product, the administrator's 
validation mark and the manufacturer's certification of compliance with 
the applicable standard are required on the certification label issued 
by the administrator to the manufacturer. The certification mark shall 
be affixed to each piece of lumber. In the case of grademarking of 
lumber, the following information shall be included on the 
certification label or mark:
    (1) The registered symbol which identifies the grading agency;
    (2) Species or species combination;
    (3) Grade;
    (4) Identification of the applicable grading rules when not 
indicated by the species identification or agency symbol;
    (5) Mill or grader;
    (6) For members which are less than 5 inches in nominal thickness, 
indication that the lumber was green or dry at the time of dressing; 
and
    (7) Indication that the lumber was finger jointed.
    (c) Periodic tests and quality assurance. Periodic tests and 
quality assurance inspections shall be carried out by the American 
Lumber Standard Committee as defined in PS 20-94.
    9. Section 200.944 is revised to read as follows:


Sec. 200.944  Supplementary specific requirements under the HUD 
building product standards and certification program for plywood and 
other wood-based structural-use panels.

    (a) Applicable standards. (1) All plywood prescriptively designed, 
manufactured, and tested shall be in compliance with the U.S. 
Department of Commerce Voluntary Product Standard PS 1-95. Plywood 
panels not meeting the grade requirements of PS 1-95 and all composite 
and non-veneer structural-use panels shall comply with the 
``Performance Standards and Policies for Structural-Use Panels-94'' 
(APA Standard PRP 108-94 or TECO Standard PRP 133-94) except that the 
American Society for Testing and Materials (ASTM) Standard ASTM D 3043-
87 Method B may be used.
    (2) These standards have been approved by the Director of the 
Federal Register for incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. They are available from the U.S. 
Department of Commerce, NIST, Gaithersburg, MD 20899; APA-The 
Engineered Wood Association, 7011 South 19th St., Tacoma, WA 98411; 
TECO/PFS Inc., 2402 Daniels Street, Madison, WI 53704; American Society 
for Testing and Materials (ASTM), 100 Barr Harbor Drive, West 
Conshohocken, Pennsylvania 19428.
    (b) Labeling. Under the procedures set forth in 24 CFR 
200.935(d)(6) concerning labeling of a product, the administrator's 
validation mark and the manufacturer's certification of compliance with 
the applicable standards are required to be on the certification label 
issued by the administrator to the manufacturer. All plywood panels 
made to PS 1-95 prescriptive or performance standards shall be marked 
as complying to PS 1-95. All plywood products not meeting the 
requirements of PS 1-95 and all composite and non-veneer structural-use 
panels that do not comply with APA PRP 108-94 or TECO PRP 133-94 shall 
be marked as complying with UM 40c. The label shall be located on each 
panel so that it is available for inspection. The label shall include 
the manufacturer's name and mill number.
    (c) Periodic tests and quality assurance. Under the procedures 
concerning periodic tests and quality assurance inspections, the 
frequency of testing for a product shall be described in the specific 
building product certification program. In the case of plywood and 
other wood-based structural-use panels, testing and inspection shall be 
conducted as follows:
    (1) At least three times a year, the administrator shall visit the 
manufacturer's facility to select 10 panels of each certified product 
for testing in a laboratory accredited by the National Voluntary 
Laboratory Accreditation Program (NVLAP) of the U.S. Department of 
Commerce.
    (2) The administrator shall also review the quality assurance 
procedures three times a year to assure that they are being followed by 
the manufacturer.
    10. Section 200.948 is revised to read as follows:


Sec. 200.948  Supplementary specific requirements under the HUD 
building product standards and certification program for carpet 
cushion.

    (a) Applicable standards. (1) All carpet cushion shall be designed, 
manufactured, and tested in compliance with the following standards:
    (i) ASTM D3574-95 Test Method for Flexible Cellular Materials;
    (ii) ASTM D297-95 Standard Test Method for Rubber Products Chemical 
Analysis;
    (iii) ASTM D629-95 Test Methods for Quantitative Analysis of 
Textiles;
    (iv) ASTM D1667-90 Specification for Flexible Cellular Materials;
    (v) ASTM D2646-95 Test Method for Backing Fabrics;
    (vi) ASTM D3696-90 Test Method for Delamination of Secondary 
Backing of Pile Coverings.
    (2) These standards have been approved by the Director of the 
Federal Register for incorporation by reference in accordance with 5 
U.S.C. 552(a) and

[[Page 27490]]

1 CFR part 51. They are available from the American Society for Testing 
and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, 
Pennsylvania 19428.
    (b) Labeling. Under the procedures set forth in 24 CFR 
200.935(d)(6) concerning labeling of a product, the administrator's 
validation mark and the manufacturer's certification of compliance with 
the applicable standards are required to be on the certification label 
issued by the administrator to the manufacturer. Each carpet cushion 
shall be marked as to type and class, and as conforming to UM 72b.
    (c) Periodic tests and quality assurance. Under the procedures set 
forth in 200.935(d)(8), testing and inspection shall be conducted as 
follows:
    (1) At least twice a year, the administrator shall visit the 
manufacturer's facility to select a sample of each certified carpet 
cushion for testing by a laboratory approved by the administrator.
    (2) The administrator shall review the quality assurance procedures 
every six months to assure that they are being followed by the 
manufacturer.
    11. A new Sec. 200.951 is added to read as follows:


Sec. 200.951  Supplementary specific requirements under the HUD 
building product standard and certification program for elastomeric 
joint sealants.

    (a) Applicable standards. (1) All elastomeric joint sealants shall 
be designed, manufactured, and tested in compliance with the following 
American Society for Testing and Materials standards:
    (i) ASTM C920-94  Standard Specification for Elastomeric Joint 
Sealants, except that there be a maximum of 25% loss of elongation when 
determined after curing and 2500 hours of ultra-violet light in a xenon 
arc accelerated weathering test for Class 25 materials compared to a 
cured non-exposed sample;
    (ii) ASTM C1193-91  Standard Guide for the Use of Elastomeric 
Sealants.
    (2) These standards have been approved by the Director of the 
Federal Register for incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. They are available from the American 
Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West 
Conshohocken, Pennsylvania 19428.
    (b) Labeling. Under the procedures set forth in 24 CFR 
200.935(d)(6) concerning labeling of a product, the administrator's 
validation mark and the manufacturer's certification of compliance with 
the applicable standards are required to be on the certification label 
issued by the administrator to the manufacturer. Each container of 
elastomeric joint sealant shall include the sealant's type, grade, 
class, and use, and the manufacturer's name, plant location and 
statement of compliance with UM 105.
    (c) Periodic tests and quality assurance inspections. Under the 
procedures set forth in 24 CFR 200.935(d)(8) concerning periodic tests 
and quality assurance inspections, the frequency of testing for a 
product shall be described in the specific building product 
certification program. In the case of elastomeric joint sealants, 
testing and inspection shall be conducted as follows:
    (1) At least once every year, the administrator shall visit the 
manufacturer's facility to select a sample for testing in a laboratory 
accredited by the National Voluntary Laboratory Accreditation Program 
(NVLAP) of the U.S. Department of Commerce.
    (2) The administrator shall also review the quality assurance 
procedures once a year to assure that they are being followed by the 
manufacturer.
    12. A new Sec. 200.952 is added to read as follows:


Sec. 200.952  Supplementary specific requirements under the HUD 
building product standards and certification program for interior 
particleboard stair treads.

    (a) Applicable standards. (1) All interior particleboard stair 
treads shall be designed, manufactured, and tested in compliance with 
ANSI A208.1 Mat-Formed Wood Particleboard, Grade M-3.
    (2) This standard has been approved by the Director of the Federal 
Register for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51, and is available from the American National 
Standards Institute, Inc., 11 West 42nd Street, New York, New York 
10036.
    (b) Labeling. Under the procedures set forth in 24 CFR 
200.935(d)(6) concerning labeling of a product, the administrator's 
validation mark and the manufacturer's certification of compliance with 
the applicable standard are required to be on the certification label 
issued by the administrator to the manufacturer. Each interior 
particleboard stair tread shall include the manufacturer's statement of 
conformance to UM 70b, a statement that this product is for interior 
use only, and the manufacturer's name and plant location.
    (c) Periodic tests and quality assurance. Under the procedures set 
forth in 24 CFR 200.935(d)(8) concerning periodic tests and quality 
assurance inspections, the frequency of testing for a product shall be 
described in the specific building product certification program. In 
the case of interior particleboard stair treads, testing and inspection 
shall be conducted as follows:
    (1) At least once every three months, the administrator shall visit 
the manufacturer's facility to select a sample for testing in a 
laboratory approved by the administrator.
    (2) The administrator shall also review the quality assurance 
procedures twice a year to assure that they are being followed by the 
manufacturer.
    13. A new Sec. 200.953 is added to read as follows:


Sec. 200.953  Supplementary specific requirements under the HUD 
building product standards and certification program for sprayed 
polyurethane foam for roof insulation.

    (a) Applicable standards. (1) All sprayed polyurethane foam for 
roof insulation shall be designed, manufactured, and tested in 
compliance with ASTM C1029-93 Standard Specification for Spray Applied 
Rigid Cellular Polyurethane Thermal Insulation. The foam shall be 
installed in accordance with ASTM D5469-93 Standard Guide for 
Application of New Spray Applied Polyurethane Foam and Coated Roofing 
Systems, and designed in accordance with the Society of the Plastics 
Industry (SPI) standard PFCD AY 104-90 Recommended Design 
Considerations and Guide Specifications.
    (2) These standards have been approved by the Director of the 
Federal Register for incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. They are available from the American 
National Standards Institute, Inc., 11 West 42nd Street, New York, New 
York 10036, or the Society of the Plastics Industry (SPI), 1275 K 
Street, NW, Suite 400, Washington, D.C., 20005.
    (b) Labeling. Under the procedures set forth in 24 CFR 
200.935(d)(6) concerning labeling of a product, the administrator's 
validation mark and the manufacturer's certification of compliance with 
the applicable standard are required to be on the certification label 
issued by the administrator to the manufacturer. Each container or 
package of sprayed polyurethane foam roof insulation

[[Page 27491]]

material shall be marked as conforming to UM 110. The label shall 
include the manufacturer's name and plant location.
    (c) Periodic tests and quality assurance inspections. Under the 
procedures set forth in 24 CFR 200.935(d)(8) concerning periodic tests 
and quality assurance inspections, the frequency of testing for a 
product shall be described in the specific building product 
certification program. In the case of sprayed polyurethane foam for 
room insulation, testing and inspection shall be conducted as follows:
    (1) At least twice a year, the administrator shall visit the 
manufacturer's facility to select a sample for testing in an approved 
laboratory with the applicable standard.
    (2) The administrator shall also review the quality assurance 
procedures twice a year to assure that they are being followed by the 
manufacturer.
    14. A new Sec. 200.954 is added to read as follows:


Sec. 200.954  Supplementary specific requirements under the HUD 
building product standard and certification program for flooring 
adhesives.

    (a) Applicable Standards. (1) All construction adhesives for field 
glued wood floor systems shall be designed, manufactured, and tested in 
compliance with the following American Society for Testing and 
Materials (ASTM) standard D3498-93 Specifications for Adhesive for 
Field-Gluing Plywood to Lumber Framing for Floor Systems except that 
the mold and bacteria resistance tests shall not be included.
    (2) This standard has been approved by the Director of the Federal 
Register for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51, and is available from the American Society 
for Testing & Materials Inc., 100 Barr Harbor Drive, West Conshohocken, 
PA. 19428.
    (b) Labeling. Under the procedures set forth in 24 CFR 
200.935(d)(6) concerning labeling of a product, the Administrator's 
validation mark and the manufacturer's certification of compliance with 
the applicable standard are required to be on the certification label 
issued by the Administrator to the manufacturer. Each container shall 
be marked as being in compliance with UM 60a. The label shall also 
include the manufacturer's name, plant location, and shelf life.
    (c) Periodic Tests and Quality Assurance. Under the procedures set 
forth in 24 CFR 200.935(d)(8) concerning periodic tests and quality 
assurance inspections, the frequency of testing for a product shall be 
described in the specific building product certification program. In 
the case of construction adhesives for field glued wood floor systems, 
testing and inspection shall be conducted as follows:
    (1) At least every six months, the administrator shall visit the 
manufacturer's facility to select a sample for testing in a laboratory 
approved by the administrator.
    (2) The administrator shall also review the quality assurance 
procedures twice a year to assure that they are being followed by the 
manufacturer.
    15. A new Sec. 200.955 is added to read as follows:


Sec. 200.955  Supplementary specific requirements under the HUD 
building product standard and certification program for fenestration 
products (windows and doors).

    (a) Applicable Standards. (1) All windows and doors shall be 
designed, manufactured, and tested in compliance with American 
Architectural Manufacturers Association (AAMA) standard, AAMA 101/
I.S.2-97, Voluntary Specifications for Aluminum, Vinyl (PVC), and Wood 
Windows and Glass Doors.
    (2) This standard has been approved by the Director of the Federal 
Register for incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51, and is available from the American 
Architectural Manufacturers Association, 1540 East Dundee Road, 
Paletine, IL 60067.
    (b) Labeling. Under the procedures set forth in 24 CFR 
200.935(d)(6) concerning labeling of a product, the administrator's 
validation mark and the manufacturer's certification of compliance with 
the applicable standards are required to be on the certification label 
issued by the administrator to the manufacturer. Each window or glass 
door shall include the manufacturer's name, plant location, and 
statement of compliance with UM 111.
    (c) Periodic Tests and Quality Assurance Inspections. Under the 
procedures set forth in 24 CFR 200.935(d)(8) concerning periodic tests 
and quality assurance inspections, the frequency of testing for a 
product shall be described in the specific building product 
certification program. In the case of windows and glass doors, testing 
and inspection shall be conducted as follows:
    (1) At least once every four years, the administrator shall visit 
the manufacturer's facility to select a commercial sample for testing 
in a laboratory approved by the administrator.
    (2) The administrator shall also review the quality assurance 
procedures twice a year to assure that they are being followed by the 
manufacturer.

    Dated: March 7, 1997.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner
[FR Doc. 97-13048 Filed 5-16-97; 8:45 am]
BILLING CODE 4210-27-P