Federal Register, Volume 63 Issue 27 (Tuesday, February 10, 1998)

[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

_______________________________________________________________________

24 CFR Part 200

_______________________________________________________________________

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