[Federal Register Volume 63, Number 27 (Tuesday, February 10, 1998)]
[Proposed Rules]
[Pages 6798-6805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3236]



[[Page 6797]]

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Part II





Department of Housing and Urban Development





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24 CFR Part 200



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

  Federal Register / Vol. 63, No. 27 / Tuesday, February 10, 1998 / 
Proposed Rules  

[[Page 6798]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 200

[Docket No. FR-4265-P-01]
RIN 2502-AH02


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

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's) 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 rule would eliminate 
the need for manufacturers of these building products to seek HUD 
acceptance for individual products. HUD will now accept them on a 
generic basis for use in houses covered under HUD mortgage insurance 
programs, thus streamlining Departmental requirements. This proposed 
rule also specifies the frequency with which products should be tested 
in order to be acceptable to HUD. Section (c)(1) of 24 CFR 200.935 
would be modified to accept organizations that comply with 
International Standards Organization (ISO) standard Guide 65-96 
``General Requirements for Bodies Operating Product Certification 
Systems'' as an alternative to the acceptance qualifications specified 
in this section. Also, section (d)(3) of 24 CFR 200.935 would be 
modified to allow the use of ISO standard Guide 25-90 ``General 
Requirements for the Competency of Calibration and Testing 
Laboratories'', as a voluntary guideline for accrediting laboratories.

DATES: Comment due date: April 13, 1998.

ADDRESSES: Interested persons are invited to submit comments regarding 
this rule to the Rules Docket Clerk, Office of the General Counsel, 
Room 10276, Department of Housing & Urban Development, 451 Seventh 
Street, SW., Washington, DC 20410-0500. 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 am and 5:30 pm weekdays at the above address. Facsimile 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 SW., Room 9156, Washington, DC 20410-
8000; telephone: voice (202) 708-6423; TTY, (202) 708-4594 (these are 
not toll free numbers.)

SUPPLEMENTARY INFORMATION: HUD's Building Product Standards and 
Certification Programs (BPSCP), authorized by section 521 of the 
National Housing Act, 12 U.S.C. 1735e, provide a sound basis for 
determining the acceptability of materials and products for use in 
properties with HUD-insured mortgages. Under the BPSCP, materials and 
products are determined to be acceptable through the Department's 
issuance of Materials Releases and Use of Materials Bulletins. The 
Department issues Materials Releases to individual manufacturers for 
the acceptance of specific new or innovative building products where 
there are no existing standards for such products. Use of Materials 
Bulletins are issued by the Department for the acceptance of products 
on a generic or class basis, making it unnecessary for individual 
manufacturers to continue applying for approval of similar products, 
and making the approval process overall much less cumbersome.
    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.
    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, 
UM's are also used in third-party labeling and certification programs 
to assure that the building products used in HUD programs meet the 
appropriate national voluntary standards.
    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, the Department anticipates 
increasing its reliance on Use of Materials Bulletins to accept new or 
innovative building products.
    This proposed rule would promulgate the following Use of Materials 
Bulletins:

UM 25e  Application and Fastening Schedule at Sec. 200.958
UM 40d  Plywood and Other Wood-Based Structural-Use Panels at 
Sec. 200.944
UM 44e  Carpet and Carpet With Attached Cushions at Sec. 200.945
UM 48a  Pressure Treated Lumber and Plywood at Sec. 200.960
UM 52b  Wood Flush Doors and Primary Entrance Doors at Sec. 200.961
UM 71b  Polystyrene Foam Insulation Board at Sec. 200.947
UM 72b  Carpet Cushion at Sec. 200.948
UM 73b  Plastic Plumbing Fixtures at Sec. 200.937
UM 82b  Sealed Insulating Glass Units at Sec. 200.940
UM 84a  Solid Fuel Type Room Heaters and Fireplace Stoves at 
Sec. 200.936
UM 89a  Steel Insulated Exterior Door Systems at Sec. 200.949
UM 100a  Solar Water Heating Systems at Sec. 200.950
UM 104  Kitchen Cabinets, Plastic Sinks, and Solid Surface Kitchen 
Countertops at Sec. 200.956
UM 105  Elastomeric Joint Sealants at Sec. 200.951
UM 110   Sprayed Polyurethane Foam Roof Insulation at Sec. 200.953

    UMs 40d, 44e, 72b, 73b, 105, and 110 have previously been issued 
for public comment as parts of a proposed rule published on May 19, 
1997 (62 FR 27486). The Department has updated the standards referenced 
in the proposed rule along with these UMs, and is reissuing them for 
public comment before adopting them in a final rule.
    The third party certification program for ``Kitchen Cabinets, 
Plastic Sinks, and Solid Surface Kitchen Countertops'' has been 
informally accepted by the Department, and would be designated as new 
Bulletin UM 104 under the procedures of 24 CFR 200.935.
    UM 44e, Carpet and Carpet With Attached Cushions, would be 
implemented at Sec. 200.945, which currently cites UM 44d. Section 
200.942, which also cites 44d, would be removed and reserved.
    In addition, section (c)(1) of 24 CFR 200.935 would be modified to 
accept organizations that comply with the International Standards 
Organization (ISO) standard Guide 65-96, ``General Requirements for 
Bodies Operating

[[Page 6799]]

Product Certification Systems,'' as an alternative to the acceptance 
criteria specified in this section. Also, section (d)(3) of 24 CFR 
200.935 is being modified to allow the use of International Standards 
Organization (ISO) standard Guide 25-90, ``General Requirements for the 
Competency of Calibration and Testing Laboratories,'' as a voluntary 
guideline for accrediting laboratories.
    The Department has evaluated the updated technical standards 
prepared by national standards organizations, and plans to adopt these 
standards by incorporating them in the UMs by reference. The UMs 
adopted would also augment the labeling requirements of 24 CFR 
200.935(d)(6).
    Copies of UM's 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, SW., Washington, DC. 20410-8000, and in the Office of the Rules 
Docket Clerk, Office of the General Counsel, Room 10276, at the 
Department of Housing and Urban Development, Washington, DC. 20410-
0500. This proposed rule permits public comment prior to the issuance 
of the subject Use of Materials Bulletins.

Findings and Certifications

Paperwork Reduction Act

    The proposed information collection requirements contained at 
Secs. 200.936, 200.937, 200.940, 200.944, 200.945, 200.947, 200.948, 
200.949, 200.950, 200.951, 200.953, 200.956, 200.958, 200.960, and 
200.961 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).
    (a) In accordance with 5 CFR 1320.5(a)(1)(iv), the Department is 
setting forth the following concerning the proposed collection of 
information:
    (1) Title of the information collection proposal:
    Department of Housing and Urban Development--Minimum Property 
Standards, Use of Materials Bulletins for HUD Building Products 
Standards and Certification Programs.
    (2) Summary of the collection of information:
    The labeling requirements inform the public and particularly the 
building and mortgage industries that the covered building products 
meet the minimum standard to qualify for HUD insurance.
    (3) Description of the need for the information and its proposed 
use:
    Labeling building products makes them easily identifiable as 
acceptable for purposes of obtaining HUD insurance.
    (4) Description of the likely respondents, including the estimated 
number of likely respondents, and proposed frequency of response to the 
collection of information:
    Respondents are standard-setting organizations who issue validating 
labels to product manufacturers. The labels are a convenient way of 
indicating the products meet the Minimum Property Standards necessary 
to qualify for HUD insurance.
    (5) Estimate of the total reporting and recordkeeping burden that 
will result from the collection of information:

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

    (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-4265) 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 am and 5:30 pm 
weekdays in the Office of the Rules Docket Clerk, Room 10276, 451 
Seventh Street, SW, Washington, DC 20410-0500.

Impact on Small Entities

    The Secretary, in accordance with the Regulatory Flexibility Act 
(U.S.C. 605(b)) has reviewed and approved this proposed rule, and in so 
doing certifies that this rule will not have a significant economic 
impact on a substantial

[[Page 6800]]

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 
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.

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 51. Copies of the standards may be obtained from the 
American National Standards Institute, Inc. (ANSI), 11 West 42nd 
Street, New York, NY 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 proposed to be 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 through 1715z-18; 42 U.S.C. 3535(d)).

    2. In Sec. 200.935, paragraph (c)(1), and paragraph (d)(3) are 
revised, and a new paragraph (f) is added, to read as follows:


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

* * * * *
    (c) Administration qualifications and application procedures. (1) 
Qualifications. Each program administrator shall be capable of 
conducting a certification program with respect to organization, staff, 
and facilities, and have a reputation for adhering to high ethical 
standards. To be considered acceptable for conducting a certification 
program, each administrator shall, in the alternative, comply with 
International Standards Organization (ISO) standard Guide 65-96, 
``General Requirements for Bodies Operating Product Certification 
Systems,'' or with the following qualifications:
* * * * *
    (d) * * *
    (3) Laboratory approval. The administrator shall review the 
laboratories that apply for participation in this program on the basis 
of the procedures described in paragraph (e) of this section. A list of 
approved laboratories shall be maintained by the administrator. When 
the certification program allows the use of the administrator's testing 
laboratories, the laboratories shall be reviewed by a qualified party 
acceptable to HUD. When HUD requires the use of accredited laboratories 
for specific products, the International Standards Organization (ISO) 
standard Guide 25-90 ``General Requirements for the Competency of 
Calibration and Testing Laboratories'', may be used as the basis for 
accrediting laboratories.
* * * * *
    (f) The standards cited in this section 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. The ISO standards 
are available from the American National Standards Institute (ANSI), 11 
West 42nd Street, New York, NY 10036.
    3. Section 200.936 is revised to read as follows:


Sec. 200.936  Supplementary specific requirements under the HUD 
building product standards and certification program for solid fuel 
type room heaters and fireplace stoves.

    (a) Applicable standards. (1) All solid fuel type heaters and 
fireplace stoves shall be designed, manufactured, and tested in 
compliance with the following standards of the American National 
Standards Institute (ANSI), which are incorporated by reference:
    (i) ANSI/UL 737-95, Standard for Fireplace Stoves;
    (ii) ANSI/UL 1482-88, Standard for Solid Fuel Type Room Heaters.
    (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 (ANSI), 11 West 42nd Street, New York, NY 
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 fireplace stove 
and solid fuel type room heater shall be marked as conforming to UM 
84a. The label shall be located on each stove or room heater so that it 
is available for inspection. The label shall include the manufacturer's 
name, plant location, model number, and type of fuel to be used.
    (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 
fireplace stoves and solid fuel type room heaters, testing and 
inspection shall be conducted as follows:
    (1) At least every four years, the administrator shall visit the 
manufacturer's facility to select a sample of each certified fireplace 
stove and solid fuel type room heater for testing in an accredited 
laboratory.
    (2) The administrator shall also review the quality assurance 
procedures once a year to assure that they are being followed by the 
manufacturer.
    4. 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 and Shower Stalls;
    (iii) ANSI Z 124.3-95 Plastic Lavatories;
    (iv) ANSI Z 124.4-96 Plastic Water Closets, Bowls, & Tanks; and
    (v) ANSI Z 124.6-90 Plastic Sinks.

[[Page 6801]]

    (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, NY 
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.
    5. Section 200.940 is revised to read as follows:


Sec. 200.940  Supplementary specific requirements under the HUD 
building product standards and certification program for sealed 
insulating glass units.

    (a) Applicable standards. (1) All sealed insulating glass units 
shall be designed, manufactured, and tested in compliance with the 
following standard of the American Society for Testing & Materials 
(ASTM), ASTM E 774-97, Standard Specification for the Classification of 
the Durability of Sealed Insulating Glass Units.
    (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. The standard is available from the American 
Society for Testing & Materials (ASTM), 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 
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 sealed insulating 
glass unit shall be marked as conforming to UM 82b. The label shall be 
located on each sealed insulating glass unit so that it is available 
for inspection. The label shall include the manufacturer's name, plant 
location, and type.
    (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 sealed 
insulating glass units, testing and inspection shall be as follows:
    (1) At least every year, the administrator shall visit the 
manufacturer's facility to select a sample of the maximum size 
commercially available for testing in a laboratory approved by the 
administrator.
    (2) The administrator shall also review the quality assurance 
procedures every six months to assure that they are being followed by 
the manufacturer.


Sec. 200.942  [Removed and Reserved]

    6. Section 200.942 is removed and reserved.
    7. 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).
    (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, 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 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 comply with APA PRP 108-94 or TECO PRP 133-94, shall be 
marked as complying with UM 40d. 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.
    8. Section 200.945 is revised to read as follows:


Sec. 200.945  Supplementary specific requirements under the HUD 
building product standards and certification program for carpet and 
carpet 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:

[[Page 6802]]

    (i) ASTM D297-93 Standard Test Method for Rubber Products-Chemical 
Analysis;
    (ii) ASTM D5848-95 Test Method for Mass per Unit Area of Pile Floor 
Coverings;
    (iii) ASTM D3936-90 Test Method for Delamination of Secondary 
Backing of Pile Coverings;
    (iv) ASTM D2646-96 Test Methods for Backing Fabric Characteristics 
of Pile Yarn Floor Coverings;
    (v) AATCC 16E-93 Test Method for Colorfastness to Light-Xenon;
    (vi) 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:
    (i) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, West Conshohocken, PA 19428;
    (ii) American Association of Textile Chemists and Colorists 
(AATCC), P.O. Box 12215, Research Triangle Park, NC 27709.
    (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 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.
    9. Section 200.947 is revised to read as follows:


Sec. 200.947  Supplementary specific requirements under the HUD 
building product standards and certification program for polystyrene 
foam insulation board.

    (a) Applicable standards. (1) All polystyrene foam insulation board 
shall be designed, manufactured, and tested in compliance with the 
American Society for Testing & Materials (ASTM) standard C 578-95, 
``Standard Specification for Rigid Cellular Polystyrene Thermal 
Insulation''.
    (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. The standard is available from the American 
Society for Testing and Materials (ASTM), 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 polystyrene foam 
insulation board shall be marked as conforming to UM 71b. The label 
shall be located on each polystyrene foam insulation board so that it 
is available for inspection. The label shall include the manufacturer's 
name, plant location, and type.
    (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 
polystyrene foam insulating board, 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 an accredited 
laboratory.
    (2) The administrator shall also review the quality assurance 
procedures every six months 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 D297-93 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 D2646-96 Test Method for Backing Fabric Characteristics of 
Pile Yarn Floor Coverings;
    (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 1 CFR part 51. They are available from the American 
Society for Testing and Materials (ASTM), 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 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. Section 200.949 is revised to read as follows:


Sec. 200.949  Supplementary specific requirements under the HUD 
building product standards and certification program for steel 
insulated exterior door systems.

    (a) Applicable standards. (1) All steel insulated exterior door 
systems shall be designed, manufactured, and tested in compliance with 
the following American Society for Testing & Materials (ASTM) and 
American National Standards Institute (ANSI) standards:
    (i) ASTM A 591/A 591M-89 (1994), Standard Specification for Steel 
Sheet Steel, Electrolytic Zinc-Coated for Light Coating Mass 
Applications;

[[Page 6803]]

    (ii) ANSI/ISDI 100-90, Door Size Dimensional Standard and Assembly 
Tolerances for Insulated Steel Door Systems;
    (iii) ANSI/ISDI 101-83 (1989), Air Infiltration Performance 
Standard for Insulated Steel Door Systems;
    (iv) ANSI/ISDI 102-93, Installation Standard for Insulated Steel 
Door Systems;
    (v) ANSI/ISDI 104-93, Water Penetration Performance Standard for 
Insulated Steel Door Systems;
    (vi) ANSI A224.1-90, Test Procedure and Acceptance Criteria for 
Prime Painted Steel Surfaces for Steel Doors and Frames;
    (vii) ASTM F 476-84 (1996), Standard Test Methods for Security of 
Swinging Door Assemblies''
    (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. The ASTM standard is available from 
the American Society for Testing & Materials (ASTM), 100 Barr Harbor 
Drive, West Conshohocken, PA 19428. The ANSI/ISDI standards are 
available from the American National Standards Institute (ANSI), 11 
West 42nd Street, New York, NY 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 insulated 
exterior steel door system shall be marked as conforming to UM 89a. The 
label shall be located on each insulated exterior steel door system so 
that 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 
insulated exterior steel door systems, testing and inspection shall be 
conducted as follows:
    (1) At least every four years, the administrator shall visit the 
manufacturer's facility to select a sample in a laboratory approved by 
the administrator.
    (2) The administrator shall also review the quality assurance 
procedures once a year to assure that they are being followed by the 
manufacturer.
    12. Section 200.950 is revised to read as follows:


Sec. 200.950  Supplementary specific requirements under the HUD 
building product standards and certification program for solar water 
heating systems.

    (a) Applicable standard. (1) All solar water heating systems shall 
be designed, manufactured, and tested in compliance with the Solar 
Rating & Certification Corporation (SRCC) Standard OG 300-97, Operating 
Guidelines & Minimum Standards for Certifying Solar Water Heating 
Systems: An Optional SWH System Certification and Rating Program. 
Section 10 of the SRCC standard has been omitted because it was 
considered proprietary, since it describes an administrative program 
specifically carried out by SRCC.
    (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. The standard is available from the Solar 
Rating and Certification Corporation (SRCC), 777 North Capital Street, 
NE., Suite 805, Washington, DC. 20002.
    (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 solar water 
heating system shall be marked as conforming to UM 100a. The label 
shall be located on each solar water heating system 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 solar 
water heating systems, testing and inspection shall be conducted as 
follows:
    (1) At least every four years, the administrator shall visit the 
manufacturer's facility to select a sample of each certified solar 
water heating system for testing in a laboratory approved by an 
administrator.
    (2) The administrator shall also review the quality assurance 
procedures every two years to assure that they are being followed by 
the manufacturer.
    (d) Warranty. The manufacturer shall provide, at no cost, a full 
five-year warranty against defects in material or workmanship, on the 
absorber plate, cooling passages, and the collector (excluding any 
glass), running from the date of installation of the solar water 
heating system. The warranty also shall include the full costs of field 
inspection, parts, and labor required to remedy the defects, and will 
include the cost of replacement at the site if required. The warranty 
is not required to cover defects resulting from exposure to harmful 
materials, fire, flood, lightning, hurricane, tornado, hailstorms, 
earthquakes, or other acts of God, vandalism, explosions, harmful 
chemicals or other fluids, fumes, or vapors. This exclusion will apply 
to the operation of the collector under excessive pressures or 
excessive flow rates, misuse, abuse, negligence, accidents, 
alterations, falling objects or other causes beyond the control of the 
manufacturer. Following the initial five years, the manufacturer shall 
provide a limited no-cost five year warranty for the collector parts on 
a pro rata allowance basis.
    13. 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 exterior elastomeric joint 
sealants shall be designed, manufactured, and tested in compliance with 
the following American Society for Testing and Materials standards:
    (i) ASTM C920-95 Standard Specification for Elastomeric Joint 
Sealants, Class 25 and Class 12\1/2\, except that 2500 hours are 
required using test methods ASTM G26-96 Standard Practice for Operating 
Light-Exposure Apparatus (Xenon-Arc Type) With and Without Water for 
Exposure of Nonmetallic Materials or ASTM G53-96 Standard Practice for 
Operating Light-and Water-Exposure Apparatus (Florescent UV-
Condensation Type) for Exposure of Nonmetallic Materials. It should be 
noted that this standard alone does not provide sufficient information 
for all appropriate uses of a product, and also that the user must 
comply with the manufacturer's installation recommendations.
    (ii) ASTM C1193-95 Standard Guide for the Use of Joint 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, PA 19428.
    (b) Labeling. Under the procedures set forth in 24 CFR 
200.935(d)(6) concerning labeling of a product, the

[[Page 6804]]

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.
    14. 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 roof insulation.

    (a) Applicable standards. (1) All sprayed polyurethane foam for 
roof insulation shall be designed, manufactured, and tested in 
compliance with ASTM C1029-96 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 104-94 Spray Polyurethane Foam Systems 
for New and Remedial Roofing.
    (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, NY 
10036, or the Society of the Plastics Industry (SPI), 1801 K Street, 
NW, Suite 600K, Washington, D.C., 20006.
    (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 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 
roof 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.
    15. A new Sec. 200.956 is added to read as follows:


Sec. 200.956  Supplementary specific requirements under the HUD 
building product standards and certification program for kitchen 
cabinets, plastic sinks, and solid surface kitchen countertops.

    (a) Applicable standards. (1) All kitchen cabinets, plastic sinks, 
and solid surface kitchen countertops shall be designed, manufactured, 
and tested in accordance with the following American National Standards 
Institute (ANSI) standards:
    (i) ANSI/KCMA A161.1-95, Performance and Construction Standard for 
Kitchen and Vanity Cabinets;
    (ii) ANSI Z124.6-90, Plastic Sinks;
    (iii) ANSI/ICPA-SS-1-97, Performance Standard for Solid Surface 
Materials.
    (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. The ANSI standards are available from 
the American National Standards Institute (ANSI), 11 West 42nd Street, 
New York, New York 10036. The ANSI/ICPA standard is available from the 
International Cast Polymer Association (ICPA), 8201 Greensboro Drive, 
Suite 300, McLean, VA 22102.
    (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 kitchen cabinet, 
plastic sink, and solid surface kitchen countertop shall be marked as 
conforming to UM 104. 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 kitchen 
cabinets, plastic sinks, and solid surface kitchen countertops, 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 kitchen cabinet, 
plastic sink, or solid surface kitchen countertop for testing in a 
laboratory approved by the administrator.
    (2) The administrator shall also review the quality assurance 
procedures once a year to assure that they are being followed by the 
manufacturer.
    16. A new Sec. 200.958 is added to read as follows:


Sec. 200.958  Supplementary specific requirements under the HUD 
building product standards program for application and fastening 
schedule.

    (a) Applicable standards. (1) All fasteners shall be designed, 
manufactured, and tested in compliance with the International Staple, 
Nail, & Tool Association (ISANTA) standard SNT 112-97, International 
Power Staples, Nails & Allied Fasteners For All Types of Building 
Construction.
    (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 International 
Staple, Nail, & Tool Association (ISANTA), 512 West Burlington Avenue, 
LaGrange, IL 60525.
    (b) There are no labeling or certification requirements under UM 
25e, Application and Fastening Schedule.
    17. A new Sec. 200.960 is added to read as follows:

[[Page 6805]]

Sec. 200.960  Supplementary specific requirements under the HUD 
building product standards and certification program for pressure 
treated lumber and plywood.

    (a) Applicable standards. (1) All pressure treated lumber and 
plywood shall be designed, manufactured, and tested in compliance with 
the following American Wood Preservers Association (AWPA) standards:
    (i) AWPA C1-96, All Timber Products--Preservative Treatment by 
Pressure Processes;
    (ii) AWPA C2-96, Lumber, Timbers, Bridge Ties, and Mine Ties--
Preservative Treatment by Pressure Processes;
    (iii) AWPA C9-96, Plywood--Preservative Treatment by Pressure 
Processes;
    (iv) AWPA C15-96, Wood for Commercial-Residential Construction--
Preservative Treatment by Pressure Processes;
    (v) AWPA C22-96, Lumber and Plywood for Permanent Wood 
Foundations--Preservative Treatment by Pressure Processes;
    (vi) AWPA C28-95, Standard for Preservative Treatment of Structural 
Glued Laminated Members and Laminations Before Gluing of Southern Pine, 
Pacific Coast Douglas Fir, Hemfir, and Western Hemlock by Pressure 
Processes;
    (vii) AWPA C31-95, Lumber Used Out of Contact With the Ground and 
Continuously Protected from Liquid Water-Treatment by Pressure 
Processes.
    (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 
Wood Preservers Association (AWPA), 32346 Fall Creek Highway, Suite 
190, Granbury, Texas 76049.
    (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 piece of pressure 
treated lumber and plywood shall be marked as conforming to UM 48a or 
the referenced AWPA standard. The label shall include the 
manufacturer's name, plant location, the preservative used, the 
preservative retention time, the year of treatment if required by the 
AWPA standard, and the exposure category (e.g. Above Ground, Ground 
Contact).
    (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 
pressure treated lumber and plywood, testing and inspection shall be 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 every six months to assure that they are being followed by 
the manufacturer.
    18. A new Sec. 200.961 is added to read as follows:


Sec. 200.961  Supplementary specific requirements under the HUD 
building product standards and certification program for wood flush 
doors and primary entrance doors.

    (a) Applicable standards. (1) All architectural wood flush door 
systems and primary entrance doors shall be designed, manufactured, and 
tested in compliance with the following National Window & Door 
Association (NWDA) standards:
    (i) ANSI/NWWDA I.S. 1A-97, Architectural Wood Flush Doors;
    (ii) ANSI/NWWDA I.S. 9-88, Wood Primary Entrance Doors;
    (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 (ANSI), 11 West 42nd Street, New York, NY 
10036.
    (b) Labeling. Under the procedures set forth in 24 CFR 
200.935(d)(6) concerning labeling of a product, the administrator's 
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 architectural 
wood flush door system and primary entrance door system shall be marked 
as conforming to UM 52b. The label shall be located on each door 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 wood 
doors, testing and inspection shall be conducted as follows:
    (1) At least every four years, the administrator shall visit the 
manufacturer's facility to select a sample of each certified wood door 
for testing in a laboratory approved by the administrator.
    (2) The administrator shall also review the quality assurance 
procedures once a year to assure that they are being followed by the 
manufacturer.

    Dated: January 5, 1998.
Nicolas P. Retsinas,
Assistant Secretary for Housing-Federal Housing Commissioner.
[FR Doc. 98-3236 Filed 2-9-98; 8:45 am]
BILLING CODE 4210-27-P