[Federal Register Volume 63, Number 21 (Monday, February 2, 1998)]
[Rules and Regulations]
[Pages 5422-5424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-2391]



[[Page 5421]]

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Part II





Department of Housing and Urban Development





_______________________________________________________________________



24 CFR Part 200



Use of Materials Bulletins Used in the HUD Building Product Standards 
and Certification Program; Final Rule

  Federal Register / Vol. 63, No. 21 / Monday, February 2, 1998 / Rules 
and Regulations  

[[Page 5422]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 200

[Docket No. FR-4137-F-02]
RIN 2502-AG84


Use of Materials Bulletins Used in the HUD Building Product 
Standards and Certification Program

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

ACTION: Final rule.

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SUMMARY: This final rule implements a HUD Building Product Standards 
and Certification Program proposed rule and adopts the following Use of 
Materials Bulletins: 38j Grademarking of Lumber, 60a Construction 
Adhesives for Wood Floor Systems, 70b Particleboard Interior Stair 
Treads, and 111 Fenestration Products (Windows and Doors). It also 
references related national voluntary consensus standards, provides a 
labeling and third party certification procedure to assure that the 
building products used in HUD programs meet the appropriate national 
voluntary consensus standards, 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 would affix to a certified product, and specifies the 
frequency with which products must be tested in order to be acceptable 
to HUD. The final rule also allows the use of American Society for 
Quality Control (ASQC/ISO) 9000 series standards to be used as 
voluntary guidelines in any quality review.

DATES: Effective March 4, 1998. The incorporation by reference of 
certain publications listed in the regulations is approved by the 
Director of the Federal Register as of March 4, 1998.

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:

I. The Proposed Rule

    On May 19, 1997, the Department published in the Federal Register 
at 62 FR 27486 a rule which proposed to adopt the following Use of 
Materials Bulletins (UMs):

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

    Of the UMs included in the proposed rule, this rule adopts the 
following Use of Materials Bulletins: 38j Grademarking of Lumber, 60a 
Construction Adhesives for Wood Floor Systems, 70b Particleboard 
Interior Stair Treads, and 111 Fenestration Products (Windows and 
Doors). The other proposed UMs will be updated to reference current 
relevant standards and will be issued once more in a proposed rule for 
comment.
    The May 19, 1997 rule also proposed to update the reference in 
Sec. 900.929(b)(2) to cite the 1994 edition of the MPS compilation; to 
provide the current HUD address, in Sec. 200.931, for public 
examination of the MPS; to amend Sec. 200.935(d)(4)(ii) to allow the 
use of American Society for Quality Control (ASQC/ISO) 9000 series 
standards to be used as voluntary guidelines in any quality review; and 
to remove Secs. 200.938, 200.939, and 200.941. No comments were 
received on any of these proposed amendments and they are adopted here 
without change.

II. Discussion of Public Comments

    Five comments were received regarding UM 105, and one comment was 
received concerning UM 110. No comments were received regarding UMs 
38j, 40c, 44e, 60a, 70b, 72b, 73b, or 111. Since the only UMs that 
received any public comment are being reissued in another proposed rule 
for additional comment, this rule adopts without change four UMs as 
noted in section I. of this preamble, above.
    The text of the UMs is not being reproduced in the final rule, 
because the new sections of 24 CFR part 200 set forth below incorporate 
the substance of the standards. However, copies are available for 
public inspection during regular business hours in the Office of 
Consumer and Regulatory Affairs, Department of Housing and Urban 
Development, 451 Seventh Street S.W., Room 9156, Washington, D.C. 20410 
and in the Office of the Rules Docket Clerk, Office of General Counsel, 
451 Seventh Street S.W., Washington, D.C. 20410.

III. Findings and Certifications

Impact on Small Entities

    The Secretary, in approving this rule for publication, certifies in 
accordance with 5 U.S.C. 605(b), the Regulatory Flexibility Act, that 
this rule would not have a significant economic impact on a substantial 
number of small entities. These UMs would adopt standards that are 
nationally recognized throughout the affected industry, and their 
adoption will not create a burden on manufacturers, which are currently 
meeting these standards. The rule will have no adverse or 
disproportionate economic impact on small businesses.

Paperwork Reduction Act

    The information collection requirements for these UM's under HUD's 
Building Product Standards and Certification Programs have been 
approved by the Office of Management and Budget, under section 3507(d) 
of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), and 
assigned OMB control number 2502-0313. 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.

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 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

    At the time of publication of the proposed rule, a Finding of No 
Significant Impact with respect to the environment was made in 
accordance with HUD regulations in 24 CFR part 50 that implement 
section 102(2)(C) of the National Environmental Policy Act of 1969 (42 
U.S.C. 4332). The proposed rule is adopted by this final rule without 
significant change. Accordingly, the initial Finding of No Significant 
Impact remains applicable, and is available for public inspection 
between 7:30 a.m. and 5:30 p.m. weekdays in the office of the Rules 
Docket Clerk at the above address.

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Federalism Impact

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

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

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

Incorporation by Reference

    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. Copies of the standards may be obtained from 
the American National Standards Institute, Inc. (ANSI), 11 West 42nd 
St., New York, N.Y. 10036, the American Society for Testing and 
Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428 or 
from the organizations specifically mentioned in the referenced 
section.

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 amended as follows:

PART 200--INTRODUCTION

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

    Authority: 12 U.S.C. 1701-1715z-18; 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, 
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.

    (a) 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. SW., Washington, D.C. 20410-
8000. 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.
    (b) Publications 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 are available for inspection at the Office of the Federal 
Register, 800 North Capitol Street, NW., Suite 700, Washington, D.C.
    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 system 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, 
may be used as guidelines in any quality assurance review:
    (1) ASQC Q9000-1-1994 Quality Management and Quality Assurance 
Standards Guidelines for Selection and Use;
    (2) ASQC Q9001-1994 Quality Systems--Model for Quality Assurance in 
Design, Development, Production, Installation, and Servicing;
    (3) ASQC Q9002-1994 Quality Systems--Model for Quality Assurance in 
Production, Installation, and Servicing;
    (4) ASQC Q9003-1994 Quality Systems--Model for Quality Assurance in 
Final Inspection and Test;
    (5) ASQC Q9004-1-1994 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), 611 East Wisconsin Avenue, 
Milwaukee, WI 53202.
* * * * *


Secs. 200.938, 200.939, and 200.941  [Removed]

    5. Sections 200.938, 200.939, and 200.941 are removed.
    6. 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 the U.S. Department of 
Commerce, NIST, Office of Voluntary Product Standards, Gaithersburg, MD 
20899.
    (b) Labeling. Under the procedures set forth in Sec. 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. However, 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;

[[Page 5424]]

    (7) Indication that the lumber was finger jointed; and
    (8) The certification mark shall be affixed to each piece of 
lumber.
    (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.
    7. A new Sec. 200.952 is added to subpart S to read as follows:


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

    (a) Applicable standards. (1) All interior particleboard stair 
treads shall be designed, manufactured, and tested in compliance with 
ANSI A208.1-1993 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, NY 10036.
    (b) Labeling. Under the procedures set forth in Sec. 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 Sec. 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.
    8. A new Sec. 200.954 is added to subpart S to read as follows:


Sec. 200.954  Supplementary specific requirements under the HUD 
building product standard and certification program for construction 
adhesives for wood floor systems.

    (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: D 3498-93 Standard Specification for 
Adhesives 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 Sec. 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 Sec. 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.
    9. A new Sec. 200.955 is added to subpart S 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/NWWDA 
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, 1827 Walden Office Square, 
Suite 104, Schaumburg, IL 60173.
    (b) Labeling. Under the procedures set forth in Sec. 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 Sec. 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: January 23, 1998.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 98-2391 Filed 1-30-98; 8:45 am]
BILLING CODE 4210-27-P