[Federal Register Volume 78, Number 144 (Friday, July 26, 2013)]
[Proposed Rules]
[Pages 45104-45111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18001]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Parts 3285 and 3286

[Docket No. FR-5631-P-01]
RIN 2502-AJ15


Model Manufactured Home Installation Standards: Ground Anchor 
Installations

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

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would amend the Manufactured Home Model 
Installation Standards by adopting recommendations made by the 
Manufactured Home Consensus Committee to revise existing requirements 
for ground anchor installations and establish standardized test methods 
to determine ground anchor performance and resistance. The performance 
of conventional ground anchor assemblies is critical to the overall 
quality and structural integrity of manufactured housing installations. 
While HUD's Model Manufactured Home Installation Standards reference a 
nationally recognized testing protocol for ground anchor assemblies, 
there is currently no national test method for rating and certifying 
ground anchor assemblies in different soil classifications. This 
proposed rule would establish a uniform test method that could be used 
by all states for rating and certifying the performance of ground 
anchor assemblies.

DATES: Comment Due Date: September 24, 2013.

ADDRESSES: Interested persons are invited to submit comments regarding 
this rule to the Regulations Division, Office of General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 10276, Washington, DC 20410-0500. Communications must refer to the 
above docket number and title. There are two methods for submitting 
public comments. All submissions must refer to the above docket number 
and title.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of Housing and Urban Development, 451 7th Street SW., Room 10276, 
Washington, DC 20410-0500.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
www.regulations.gov. HUD strongly

[[Page 45105]]

encourages commenters to submit comments electronically. Electronic 
submission of comments allows the commenter maximum time to prepare and 
submit a comment, ensures timely receipt by HUD, and enables HUD to 
make them immediately available to the public. Comments submitted 
electronically through the www.regulations.gov Web site can be viewed 
by other commenters and interested members of the public. Commenters 
should follow the instructions provided on that site to submit comments 
electronically.

    Note: To receive consideration as public comments, comments must 
be submitted through one of the two methods specified above. Again, 
all submissions must refer to the docket number and title of the 
rule.

    No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
    Public Inspection of Public Comments. All properly submitted 
comments and communications submitted to HUD will be available for 
public inspection and copying between 8 a.m. and 5 p.m., weekdays, at 
the above address. Due to security measures at the HUD Headquarters 
building, an advance appointment to review the public comments must be 
scheduled by calling the Regulations Division at 202-708-3055 (this is 
not a toll-free number). Individuals with speech or hearing impairments 
may access this number through TTY by calling the Federal Information 
Relay Service at 800-877-8339. Copies of all comments submitted are 
available for inspection and downloading at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Henry S. Czauski, Acting Deputy 
Administrator, Office of Manufactured Housing Programs, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 9164, Washington, DC 20410; telephone number 202-708-6409 
(this is not a toll-free number). Persons with hearing or speech 
impairments may access this number through TTY by calling the toll-free 
Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background

    The National Manufactured Housing Construction and Safety Standards 
Act of 1974 (42 U.S.C. 5401-5426) (the Act) authorizes HUD to establish 
the Federal Manufactured Home Construction and Safety Standards (the 
Construction and Safety Standards, or Standards) codified in 24 CFR 
part 3280. The Act was amended in 2000 by the Manufactured Housing 
Improvement Act of 2000 (Pub. L. 106-569), which expanded the purposes 
of the Act and created the Manufactured Housing Consensus Committee 
(MHCC). The Manufactured Housing Improvement Act also authorized the 
Department to establish Model Installation Standards and program 
requirements pertaining to the installation of new manufactured homes, 
and assigned responsibility to the MHCC to develop and submit to the 
Secretary proposed model manufactured home installation standards.
    The MHCC began work on its installation standards recommendations 
in 2002. In August 2005, as part of that standards development process, 
the Installation Subcommittee of the MHCC developed a draft Ground 
Anchor Assembly Test Protocol (GAATP). Because of past concerns 
regarding ground anchor performance, identified during prior research 
conducted by the Department, and since the draft GAATP had not been 
independently validated, HUD elected not to include the proposal in the 
Model Manufactured Home Installation Standards final rule, which was 
published on October 19, 2007 (72 FR 59338). Instead, HUD sponsored an 
extensive literature review and multisite ground anchor testing study 
to verify the adequacy of the draft testing protocol and to determine 
whether any areas in the draft GAATP required change or enhancement to 
improve reliability. HUD's ground anchor assembly site study is 
available on the HUD user database at http://www.huduser.org/portal/publications/detech/grnd_anchor_2d.html.
    Because there was no nationally recognized testing protocol in 2005 
that was universally accepted for testing and certifying ground anchor 
assemblies in different soil classifications throughout the country, 
HUD elected to include a provision in Sec.  3282.402 to act as a place-
marker in the Model Installation Standards while the research was being 
completed.

II. Ground Anchor Verification Testing

A. Background

    Ground anchors consist of a specific assembly designed to transfer 
home anchoring loads to the ground. Ground anchors are used extensively 
in manufactured housing installations and are economical, readily 
available, and can be installed with relatively lightweight tools and 
equipment. Anchors are typically constructed with a circular shaft of 
one or more helixes. A head connects at the opposite side of the anchor 
which then connects with the home's frame or sidewalls. Helical anchors 
are designed to be augured into the ground and may also be installed 
with stabilizer plates to increase the lateral capacity of the anchor.
    One significant limitation of ground anchors arises from multiple 
soil-anchor response mechanisms as a function of soil type, anchor 
depth, and load configuration. In cohesive soils, excessive anchor 
movements in a vertical direction can approach or exceed the soil's 
shear strength. In such cases, the ground anchor is supported by the 
soil's residual shear strength, resulting in a decrease in anchor 
capacity. In granular soils, large lateral movements may produce 
failure planes that can reduce the strength on the vertical direction. 
In either case, ground anchor movements of several inches can have 
significant negative impacts on long-term performance and the safety of 
the home.

B. Ground Anchor Assembly Site Study

    The ground anchor assembly site study was conducted to provide HUD 
with an assessment of the draft GAATP using various ground anchor 
assemblies, test configurations, and under different site soil 
conditions. A new test rig was developed for the field testing program 
in order to facilitate an efficient and repeatable method of ground 
anchor testing. A total of 74 conventional anchors were tested, at 
three different locations, with the testing rig developed for the 
project. An additional 30 duplicate tests were conducted at the Georgia 
test site using one of the anchor manufacturers testing apparatus for 
comparative testing purposes. Overall, 104 tests were performed.
    Ground anchor resistance varies significantly based on the type of 
soil in which the anchor is embedded, and is significantly lower in 
weaker soil conditions. One of the major issues examined in the study 
was the impact and reliability of anchor performance when the type of 
site soil was determined by the Unified Soil Classification System 
(USCS) recommended in the draft GAATP and Sec.  3285.202, as compared 
to other soil testing methods. The test data from the study found that 
the USCS was generally a very poor indicator of ground anchor 
performance and should not be relied upon to determine anchor 
resistance, unless a significantly higher factor of safety is used to 
rate the anchor.
    Although there were major differences between the project test rig 
and the lever arm test rig employed by the anchor manufacturer, similar 
results were achieved in the comparative testing of duplicate anchors 
that was performed between the two testing approaches.

[[Page 45106]]

Those differences in the anchor manufacturer's test rig were related to 
lack of load or displacement control, relaxation of the soil around the 
test anchor, in the support foot of the rig being within the cone of 
influence of the soil around the anchor, and in reporting the ultimate 
load resistance as an instantaneous, rather than sustained load. In 
addition, the ultimate loads reported using the anchor manufacturer's 
testing rig were typically about 20 percent higher or less conservative 
than values obtained using the project test rig.
    In the HUD sponsored study, only one of the anchors tested actually 
achieved the ultimate load testing resistance requirements in the draft 
GAATP. However, ground anchor manufacturers who witnessed the testing 
stated that, with properly sized anchors for the soil classifications 
tested, their anchors would be capable of achieving the ultimate loads 
and deflection limits required by the draft test protocol. All of the 
angle pull anchors were tested at a minimum angle of 30 degrees to the 
ground. This is consistent with the current requirements of Sec.  
3285.402 and the earlier findings of field testing performed by ground 
anchor manufacturers in developing the draft GAATP. The anchor 
manufacturers' field tests had earlier found that ground anchor 
assemblies repeatedly failed well below the load resistance levels 
required by the draft GAATP, when tested at strap angles of 17-30 
degrees. In view of those findings, the HUD sponsored field study only 
included anchor testing for angles of 30 degrees or greater.
    Various improvements to the draft GAATP test procedures were 
employed in the study and were subsequently recommended to improve 
reliability and repeatability of ground anchor testing results (see 
section 5.6 of the Ground Anchor Verification Testing Task 2D Report, 
Final Report, March 1, 2008). These included the use of a test rig that 
limits the angle of pull to plus or minus (+/-) two degrees during the 
angle-pull anchor test and the proximity of the anchor to the test 
stand supports; use of a maximum and test displacement rate of 0.6 
inches per minute; increasing the anchor pre-tension load to 1,000 
pounds to set the anchor shaft to the stabilizer plate for angle-pull 
test configurations; standardizing anchor and stabilizer plate 
installations; and proper soil characterization at the test site, which 
did not rely solely on the USSC, such as provided in Sec.  3285.202 of 
the Model Installation Standards.

III. Changes to the Draft GAATP Recommended by the MHCC

    In 2003, the MHCC identified the need to develop criteria for 
testing and evaluating ground anchor assemblies used to secure 
manufactured homes against wind forces at the installation site. Its 
initial effort resulted in the draft GAATP that was developed by the 
Installation Subcommittee of the MHCC. Through extensive deliberation 
at 10, in-person and conference-call meetings of the Committee, review 
of public input on the draft documents, and consideration of test 
reports and research conducted by the Department, the MHCC voted 
unanimously at their March 2011 meeting to recommend that HUD adopt a 
revised version of its earlier ground anchor assembly testing proposal.
    The following modifications were made to the draft GAATP in the 
MHCC proposal, entitled, ``Standard Test Methods for Establishing 
Working Load Design Values of Ground Anchor Assemblies Used for New 
Manufactured Home Installations'':
    1. The soil test torque probe method would be required to be used 
in at least three locations to classify the soil at the certification 
test site (Sec.  3285.402(b)(3)(ii));
    2. For soil classifications 3, 4A, and 4B, site testing would be 
required to be performed in the lower 50 percentile torque probe value 
and for soil classifications 1 and 2 the torque probe value would not 
be permitted to exceed 750 inch-pounds (Sec.  3285.402(b)(7)(iii));
    3. A User Note would be added with regard to the positioning of the 
test rig supports and their proximity to the anchor assembly being 
tested (Sec.  .3285.402(b)(7)(iii));
    4. The number of field tests required would be reduced from a 
minimum of 6 tests to a minimum of 3 tests, due to improved reliability 
resulting from certification testing being conducted at the test site 
by the torque probe method, for the anchor certification to be 
determined in the lower 50 percentile of the soil classification being 
tested.
    5. The anchor head would be not be able to extend more than \3/4\ 
inch above the stabilizer plate (Sec.  3285.402(b)(7)(iii));
    6. The ground anchor would be permitted to be pretensioned up to 
1,000 pounds so the anchor shaft contacts the stabilizer plate, instead 
of the 500-pound maximum pretensioning force allowed by the draft GAATP 
(Sec.  3285.402(b)(8));
    7. The load and displacement criteria would be enhanced to require 
a minimum of five data points with a minimum of 500-1,000 pound 
increments of loading;
    8. The working load design value and soil classification would now 
be required to be included for each type of anchor installation in the 
ground anchor assembly listing or certification;
    9. A ground anchor tested in a given soil classification number 
could not be approved for use in a weaker or higher soil classification 
unless it is also tested in those soil conditions; and
    10. The test report would be required to include the soil 
classification(s), including moisture content and methods for 
determining soil characteristics for each type of soil for which each 
ground anchor was evaluated and is certified for use, and the working 
load design value and minimum ultimate capacity for these soil 
classification(s).

IV. This Proposed Rule

    HUD has reviewed the above described changes to the draft GAATP and 
the proposal from the MHCC and, other than formatting and editorial 
changes, is in agreement with these recommendations. The proposed rule 
would require determination of soil classification by the test probe 
method, at each testing site for which each anchor assembly is being 
certified, and would require the tests to be conducted in weaker soils 
at the lower 50 percentile torque probe value of the soil in which the 
anchor is being tested. A minimum of three tests must be performed at 
each certification test site and the anchor assembly must resist at 
least 4,725 pounds (3,150 pounds x 1.5 factor of safety) in the 
direction of the pull for each test method for which the anchor is 
being certified.
    The proposed rule includes standard test methods for evaluating 
ground anchors by the anchor assembly/stabilizer plate test method, the 
vertical in-line anchor assembly test method, and the in-line ground 
anchor assembly test method. Failure criteria would be established as a 
displacement of 2 inches in either the horizontal or vertical direction 
prior to reaching a total working load of 3,150 pounds, or when the 
ground anchor head displaces 2 inches in the vertical direction or 3 
inches in the horizontal direction prior to reaching a total load of 
4,725 pounds, or when any component of the ground anchor shaft fails 
prior to reaching a total load of 4,725 pounds.
    The proposed rule would require the working load design value for 
each installation method and soil classification to be reported in the 
ground anchor assembly listing or certification. The proposed rule 
would

[[Page 45107]]

also clarify that an anchor tested in a given soil classification would 
not be approved for use in a higher or stronger soil classification. 
The test report required by the proposed rule would include all 
conditions for each ground anchor assembly tested, the soil 
classification(s) for which the assembly is certified for use, and the 
working load design value and minimum ultimate capacity for those soil 
classification(s).

HUD Questions

    The public is invited to comment on any of the specific provisions 
included in this proposed rule and is also invited to comment on the 
following questions and on any other related matters or suggestions 
regarding this proposed rule:
    1. Are three anchor tests at each test certification site 
sufficient to ensure adequate reliability in rated anchor performance, 
in view of the variation and impact of soil type on the resistance of 
ground anchor assemblies, or should a minimum of six tests be required, 
as initially proposed in the draft GAATP?
    2. Should the proposed rule be amended to include test requirements 
for an evenly controlled rate of anchor displacement (0.5 to 0.6 inches 
per minute) to prevent higher anchor load resistance from being 
certified, as found in the comparison tests in the HUD research study?
    3. Should anchor certifications performed by a professional 
engineer be required to include follow-up investigations and/or testing 
to assure ongoing quality of ground anchor products and assemblies?

V. Costs and Benefits of Proposed Rule

    As has been discussed in this preamble, this rule proposes to amend 
the Manufactured Home Model Installation Standards by adopting 
recommendations made by the MHCC to revise existing requirements for 
ground anchor installations. Specifically, the rule would establish a 
national standard for rating and certifying the performance of ground 
anchor assemblies. While difficult to predict, HUD has determined that 
the discounted benefits of the rule, including prevented property 
damage, personal injury, and loss of life are expected to exceed the 
estimated, one-time costs of between $250,000 and $375,000 imposed by 
this rule.
    Under current practice, ground anchor producers hire third-party 
certifiers to test the performance of ground anchors in various soil 
types in order to provide installation instructions. To the extent that 
producers have not already tested to the proposed standards, they would 
need to retest and recertify the performance of their ground anchors. 
No subsequent retesting would be required. Based on estimates provided 
by one supplier of ground anchors, testing would cost each producer 
between $50,000 and $75,000. This one-time cost includes 2 to 3 days of 
testing at two different soil class sites, engineering costs for 
witnessing the tests, and costs for preparing the reports and 
certifications. There are five ground anchor producers. Thus, the 
aggregate one-time cost of this rule totals between $250,000 and 
$375,000. The true cost would most likely be near the lower end of this 
range since Florida has existing ground anchor standards that exceed 
those proposed in this rule.
    The benefits provided by the rule would more than offset these one-
time costs. Initially, the proposed standards, once implemented, will 
reasonably decrease the damage resulting from the failure of anchor 
systems, particularly during high wind events, including hurricanes and 
tornados, and in seismic events. John Krigger \1\ reports, for example, 
that ``of the manufactured homes destroyed when Hurricane Andrew hit 
Louisiana, 55 percent of the structural failures were caused by anchor 
or tie-down failure.'' Similarly, the failure of ground anchor systems 
also results in collateral property damage to nearby buildings and 
throughout the community. According to Krigger, \2\ 11 percent of 
manufactured homes failed during Hurricane Andrew because of large 
missiles (building materials flying through the air) or falling trees. 
During seismic events, limited primarily to California and Missouri, 
and high wind events, which due to tornados cover the entire country, 
failure of ground anchor systems can cause the home to separate from 
its gas lines, causing the house to explode and nearby buildings can 
also burn as a result.
---------------------------------------------------------------------------

    \1\ Krigger, John. ``Your Mobile Home: Energy and Repair Guide 
for Manufactured Housing,'' Saturn Resource Management, Inc., June 
1, 1998, 224 pages.
    \2\ Id.
---------------------------------------------------------------------------

    According to the U.S. Census Bureau's Survey of Manufactured Homes, 
the sales price of a new manufactured home in August 2012 was $62,600. 
This provides an upper bound on the value of damage to a single home. 
Using this upper bound, costs would equal benefits if between 4 and 6 
homes were not destroyed in the first year due to the new anchor 
standards. This is less than 0.02 percent of the total placements in 
2011, which totaled 47,000.
    The proposed rule might also reduce the number of injuries and 
deaths resulting from failed ground anchors. Brooks and Doswell \3\ 
discuss the annual number of deaths from tornadoes and the particular 
risk to residents of manufactured homes. Their statistics show that 42 
percent of deaths from tornadoes are to residents in manufactured 
homes. The National Oceanic and Atmospheric Association (NOAA) provides 
information on the number of fatalities and injuries from various 
weather events. According to NOAA, in 2011, there were 277 deaths of 
persons in mobile homes from tornadoes. Although it is difficult to 
estimate the number of deaths that could be prevented by the increased 
standards in this rule, it is likely that some deaths would be 
prevented. Government estimates of the value of a human life range from 
$6.2 million, used by the Department of Transportation (DOT), to $9.1 
million used by the Environmental Protection Agency (EPA). The DOT 
estimate is based on the work of Taylor and Mozrek \4\ who examine 
labor market, or revealed preference, studies. Using the DOT estimate, 
avoiding one death in the first year would offset the maximum one-time 
cost ($375,000) by $5.7 million. If one death were prevented in the 
43rd year after implementation, the one-time cost of $375,000 would be 
exceeded, assuming a 7 percent discount rate. Thus, any deaths 
prevented prior to the 43rd year would yield net benefits from this 
rule.
---------------------------------------------------------------------------

    \3\ Brooks, Harold and Charles Doswell. 2002. ``Deaths in the 3 
May 1999 Oklahoma City Tornado from a Historical Perspective'' 
Weather and Forecasting, volume 17, 354-361.
    \4\ Taylor, Laura and Janus Mozrek. 2002 ``What Determines the 
Value of a Life? A Meta-Analysis'' Journal of Policy Analysis and 
Management, Vol. 21, No. 2.
---------------------------------------------------------------------------

    Due to the lack of specific data on the damage and deaths caused by 
failed ground anchors, a precise measure of the prevented damage cannot 
be calculated. However, based on the above discussion, it appears 
likely that the benefits would more than offset the one-time costs 
imposed by this rule.

VI. Findings and Certifications

Paperwork Reduction Act

    The information collection requirements contained in this proposed 
rule have been approved by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and 
given OMB control number 2502-0253. In accordance with the Paperwork 
Reduction Act, an agency may not conduct or sponsor, and a person is 
not

[[Page 45108]]

required to respond to, a collection of information, unless the 
collection displays a currently valid OMB control number.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1531-1538) (UMRA) establishes requirements for Federal agencies to 
assess the effects of their regulatory actions on State, local, and 
tribal governments, and on the private sector. This proposed rule does 
not impose any Federal mandate on any State, local, or tribal 
government, or on the private sector, within the meaning of UMRA.

Environmental Review

    A Finding of No Significant Impact with respect to the environment 
has been made in accordance with HUD regulations at 24 CFR part 50, 
which implement section 102(2)(C) of the National Environmental Policy 
Act of 1969 (42 U.S.C. 4332(2)(C)). The Finding of No Significant 
Impact is available for public inspection between the hours of 8 a.m. 
and 5 p.m., weekdays, in the Regulations Division, Office of General 
Counsel, Department of Housing and Urban Development, 451 Seventh 
Street SW., Room 10276, Washington, DC 20410-0500.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits, to the 
extent practicable and permitted by law, an agency from promulgating a 
regulation that has Federalism implications and either imposes 
substantial direct compliance costs on State and local governments and 
is not required by statute, or preempts State law, unless the relevant 
requirements of section 6 of the Executive Order are met. This rule 
does not have Federalism implications and does not impose substantial 
direct compliance costs on State and local governments or preempt State 
law within the meaning of the Executive Order. The Model Installation 
Standards by themselves do not affect governmental relationships or 
distribution of power. Therefore, HUD has determined that the Model 
Manufactured Home Ground Anchor Installation Standards do not have 
Federalism implications that warrant the preparation of a Federalism 
Assessment in accordance with Executive Order 13132.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally 
requires an agency to conduct a regulatory flexibility analysis of any 
rule subject to notice and comment rulemaking requirements, unless the 
agency certifies that the rule will not have a significant economic 
impact on a substantial number of small entities. HUD has conducted a 
material and labor cost impact analysis for this rule. The potential 
cost impact would be based on costs associated with re-testing and 
listing or certifying current ground anchor assemblies in accordance 
with the proposed testing methods. The average per-home cost, estimated 
to be approximately $0.30 to $0.50 per anchor multiplied by an average 
of 16 anchors per home, multiplied by 50,000 homes produced in a year, 
is about $250,000 to $375,000 annually. This includes possible 
additional costs that may be incurred for redesign of existing anchor 
assemblies that may be needed to meet the testing requirements of the 
proposed rule. This does not represent a significant economic effect on 
either an industrywide or per-unit basis. This small increase in cost 
associated with this proposed rule would not impose a significant 
burden for a small business.
    Notwithstanding HUD's determination that this rule would not have a 
significant economic effect on a substantial number of small entities, 
HUD specifically invites comments regarding any less burdensome 
alternatives to this rule that would meet HUD's and Federal statutory 
objectives.

Catalogue of Federal and Domestic Assistance

    The Catalogue of Federal and Domestic Assistance number is 14.171.

List of Subjects

24 CFR Part 3285

    Housing standards, Incorporation by reference, Installation, 
Manufactured homes.

24 CFR Part 3286

    Administrative practice and procedure, Consumer protection, 
Intergovernmental relations, Manufactured homes, Reporting and 
recordkeeping requirements.

    Accordingly, for the reasons discussed in this preamble, HUD 
proposes to amend 24 CFR parts 3285 and 3286 as follows:

PART 3285--MODEL MANUFACTURED HOME INSTALLATION STANDARDS

    1. The authority citation for part 3285 continues to read as 
follows:

    Authority: 42 U.S.C. 3535(d), 5403, 5404, and 5424.


0
2. In Sec.  3285.5, add a new definition for Site in alphabetical order 
to read as follows:


Sec.  3285.5  Definitions.

* * * * *
    Site. An area of land upon which a manufactured home is installed.
* * * * *
0
3. In Sec.  3285.402 revise paragraph (a), redesignate paragraphs (b) 
and (c) as paragraphs (c) and (d), respectively, and add a new 
paragraph (b), to read as follows:


Sec.  3285.402  Ground anchor installations.

    (a) Ground anchor certification and testing. Each ground anchor 
must be manufactured and provided with installation instructions, in 
accordance with its listing or certification. A nationally recognized 
testing agency must list, or a registered professional engineer or 
registered architect must certify, the ground anchor for use in a 
classified soil, as discussed in Sec.  3285.202, based on the test 
methods in paragraph (b) of this section, or a professional engineer or 
registered architect must certify that the ground anchor is capable of 
resisting all loads in paragraph (c) of this section.
    (b) Standard test methods for establishing working load design 
values of ground anchor assemblies used for new manufactured home 
installations.
    (1) Scope.
    (i) These testing procedures provide standard test methods for 
establishing both ultimate loads and load resistance design values.
    (ii) Each assembly or component of an anchor assembly must be 
tested by the methods established by this section, and, therefore, be 
suitable, as listed or certified for installation in an appropriately 
classified soil, for installation of manufactured homes.
    (iii) To secure approval of ground anchor assembly products and 
components, ground anchor manufacturers must have their products tested 
and listed by a nationally recognized testing laboratory, or tested and 
certified by an independent registered professional engineer.
    (iv) The testing laboratory or independent registered engineer must 
be free from any conflict of interest from the product manufacturer and 
any of the product manufacturer's affiliates.
    (2) Definitions. The definitions contained in this section apply to 
the terms used in subpart E of this part.
    Allowable displacement limits. Criteria establishing the maximum 
amount of displacement of a material, assembly, or component under 
load.

[[Page 45109]]

    Certification Test Site. A site used for the purpose of anchor 
assembly qualification testing in accordance with this section.
    Cohesive Soil. A soil with sufficient clay content to exhibit 
substantial plastic behavior when moist or wet (i.e., able to be 
readily molded or rolled into a 1/8-inch thread at a wide range of 
moisture contents).
    Ground Anchor Manufacturer. Any person or company engaged in 
manufacturing or importing ground anchor assemblies.
    Non-Cohesive Soil. Sand, gravel, and similar soils that are 
predominantly granular and lack a sufficient quantity of fine, clay-
sized particles to exhibit the behavior of cohesive soil, as defined in 
this section.
    Working anchor load. The ultimate anchor load in pounds divided by 
a factor of safety of 1.5.
    Ultimate anchor load. The lower of either the highest load achieved 
during an individual test prior to failure due to exceeding allowable 
displacement limits or the load at failure of the anchoring equipment 
or its attachment point to the testing apparatus.
    (3) Determination of Soil Classification.
    (i) General Description of Soil Classification. The general 
description of soil classification shall be permitted by the use of the 
Table to Sec.  3285.202.
    (ii) Standards for Identification of Soil and Soil Classification. 
The soil test torque probe method must be used at the certification 
test site for soil classification. At a minimum, the soil test torque 
probe must be used at three sample locations representative of the 
extent of the certification site test area. Soil characteristics must 
be measured at a depth below ground surface of not greater than the 
anchor helix depth and not less than \2/3\ of the anchor helix depth 
for each ground anchor depth evaluated within the test area. The lowest 
torque probe value resulting in the highest soil classification number 
must be used. Additional guidance regarding the soil test torque probe 
method is available at the Appendix to this section and at Sec.  
3285.202.
    (iii) Classification in Non-Cohesive Soils. Ground anchor 
assemblies must be tested and listed or certified, and labeled for use 
in non-cohesive soil. Ground anchor assemblies are permitted to be 
tested, listed or certified, and labeled for use in cohesive soil.
    (4) Field testing apparatus.
    (i) The testing equipment for conducting tests to list or certify a 
ground anchor assembly for use in a classified soil must be capable of 
meeting the requirements of paragraph (b)(7) of this section, as 
determined by the testing agency.
    (ii) The testing equipment shall be calibrated to meet the testing 
requirements of paragraph (b)(7) of this section, as determined by the 
testing agency.
    (5) Test specimens details and selection.
    (i) Test specimens are to be examined by the independent testing, 
listing, or certifying entity for conformance with engineered drawings, 
specifications, and other information provided by the ground anchor 
manufacturer or producer including:
    (A) Dimensions and specifications on all welds and fasteners;
    (B) Dimensions and specifications of all metal or material;
    (C) Model number and its location on the ground anchor; and
    (ii) Necessary test specimens and products for the installed anchor 
assembly tests must be randomly selected by the independent testing, 
listing, or certifying entity.
    (6) Test Requirements.
    (i) Field tests must be performed on each anchor assembly installed 
in a classified soil as defined in paragraph (b)(3) of this section.
    (ii) Field test apparatuses must be as specified in paragraph 
(b)(4) of this section and must conform to the testing requirements of 
paragraph (b)(7) of this section.
    (iii) Testing equipment shall be adequate for testing as determined 
by the testing agency.
    (7) Field Tests of Anchor Assemblies.
    (i) The soil characteristics at the certification test site must be 
identified and recorded according to paragraph (b)(3) of this section. 
The date, approximate time, and names of persons conducting and 
witnessing the anchor assembly tests must also be recorded at each 
certification test site.
    (ii) Connection of the testing apparatus to the anchor assembly 
head must provide loading conditions to the anchor head, similar to 
actual site conditions. Adequacy of the connection must be determined 
by the testing agency or test engineer.
    (iii) For soil classifications 3, 4A, and 4B, testing must be 
performed in the lower 50 percentile torque probe value of the soil 
classification being tested. For soil classifications 1 and 2, the 
torque probe value must not exceed 750 inch-pounds.

    Note to paragraph (b)(6): As a recommended practice, the test 
rig soil reactions (bearing pads) should not be located closer to 
the center of the anchor assembly (anchor head) than the lesser of 
D, 4d, or 32 inches where D is the depth of the anchor helix and d 
is the diameter of the anchor helix, both in inches. However, 
experience with a particular test rig, types of anchors, and soil 
conditions may justify other acceptable dimensional tolerances.

    (iv) A minimum of three tests must be performed and the result of 
each test must meet or exceed 4,725 pounds pull (3,150 x 1.5 factor of 
safety) in the direction of pull.
    (v) Special-purpose anchor assemblies, including those needed to 
accommodate unique design loads identified by manufacturers in their 
installation instructions, may be certified under this section or to 
more stringent requirements such as higher working loads, more 
restrictive anchor head displacements, and/or tested angle limitations.
    (vi) Angle of Pull. Where the test apparatus configuration results 
in a changing angle of pull due to anchor assembly displacement during 
a lateral angle pull test, the angle of pull at the Ultimate Anchor 
Load is to be recorded as the load angle for the test. Load angles are 
to be measured relative to the plane of the ground surface and shall be 
permitted to be rounded to the nearest 5-degree increment.
    (vii) Displacement Measurement. Vertical displacement (for all 
tests) and horizontal displacement (for lateral angle pull tests) must 
be measured relative to the centerline of the test apparatus' 
connection to the ground anchor assembly (anchor head) and the ground. 
A stable ground reference point for displacement measurements must be 
located independent of the test apparatus and not closer to the anchor 
assembly than the soil reaction points of the test apparatus. 
Displacement measurements shall be taken using a device with not less 
than \1/8\-inch reading increments. Measurements shall be permitted to 
be rounded to the nearest \1/8\-inch increment.
    (8) Anchor assembly field test methods.
    (i) An anchor assembly must be tested in accordance with one or 
more of the assembly configurations addressed in paragraphs 
(b)(7)(iii), (iv), and (v) of this section. The as-tested configuration 
of any anchor assembly is a condition of the listing or certification. 
Alternate configurations are acceptable provided test conditions 
appropriately simulate actual end-use conditions and the as-tested 
configuration is addressed in the manufacturer's installation 
instructions.
    (ii) Anchor assemblies designed for multiple connections to the 
manufactured home must be individually tested as specified in 
paragraphs (b)(8)(iii) and (iv) of this section.

[[Page 45110]]

    (iii) Anchor assembly/stabilizer plate method. The following anchor 
assembly installation and testing must be consistently applied for all 
tests:
    (A) The ground anchor is to be installed at an angle of 10-15 
degrees from vertical to a depth of one-half (\1/2\) to two-thirds (\2/
3\) of the anchor length.
    (B) A stabilizer plate is to be driven vertically on the side of 
the ground anchor shaft facing the tensioning equipment three inches 
(3'') from the shaft, and the top of the plate must be installed flush 
with the soil surface or not more than one inch below the soil surface.
    (C) The ground anchor is to be driven to its full depth into the 
soil with the bottom of the anchor head not more than \3/4\ inch above 
the stabilizer plate.
    (D) The ground anchor head is to be attached to the tensioning 
equipment such that the tension load and displacement can be recorded. 
The tensioning equipment must be positioned to load the ground anchor 
and stabilizer plate at the minimum angle to the test site ground 
surface for which the anchor is being evaluated.

    Note to paragraph (b)(8). Additional testing at angles of pull 
greater than the minimum angle of pull may be used to provide design 
values for specific angles of pull greater than the minimum angle 
for which evaluation is sought.

    (E) The ground anchor is to be pretensioned to 500 pounds so that 
the anchor shaft contacts the stabilizer plate. If the anchor shaft 
does not come into contact with the stabilizer plate, an anchor setting 
load not to exceed 1,000 pounds is permitted to be applied and then 
released prior to reapplication of the 500-pound pretension force.
    (F) The location of the ground anchor head is to be marked after it 
is pretensioned for measuring subsequent movement under test loading.
    (G) Increase the load throughout the test. The recommended rate of 
load application must be such that the loading to not less than 4725 
pounds is reached in not less than 2 minutes from the time the 500 
pound pretension load is achieved.
    (H) Record the load and displacement, at a minimum of 500-1000 
pound increments, such that a minimum of five data points will be 
obtained to determine a load deflection curve. For each datum, the 
applied load and the ground anchor head displacement is to be recorded. 
In addition, the load and displacement is to be recorded at the failure 
mode identified in paragraph (b)(10) of this section. It is permissible 
to halt the addition of load at each loading increment for up to 60 
seconds to facilitate taking displacement readings. The ultimate anchor 
load of the ground anchor assembly and corresponding displacement is to 
be recorded. The pretension load of 500 pounds should be included in 
the 4725 pound ultimate anchor load test. It is permissible to 
interpolate between displacement and load measurements to determine the 
ultimate anchor load.
    (I) All ground anchor assemblies must be tested to the following:
    (1) Failure due to displacement of the ground anchor assembly as 
established in paragraph (b)(9) of this section, or
    (2) Failure of either the anchoring equipment or its attachment 
point to the testing apparatus, or to a minimum of 4725 pounds (when 
possible, tests should be taken to 6000 pounds to provide additional 
data, but this is NOT required).
    (iv) Vertical in-line anchor assembly method. Anchor assembly 
installation and withdrawal procedures for test purposes are to be as 
follows, and are to be used consistently throughout all tests:
    (A) The ground anchor must be installed vertically.
    (B) The ground anchor must be driven to its full depth into the 
soil.
    (C) The ground anchor head must be attached to the tensioning 
equipment such that the load and ground anchor head displacement can be 
recorded.
    (D) The ground anchor must be pulled in line with the ground anchor 
shaft.
    (E) The ground anchor shall be pretensioned to 500 pounds.
    (F) The location of the ground anchor head must be marked after it 
is pretensioned for measuring subsequent movement under test loading.
    (G) Increase the load throughout the test. The recommended rate of 
load application shall be such that the loading to not less than 4725 
pounds is reached in not less than 2 minutes from the time the 500 
pound pretension load is achieved.
    (H) Record the load and displacement, at a minimum of 500-1000 
pound increments, such that a minimum of five data points will be 
obtained to determine a load deflection curve. For each datum, the 
applied load and the ground anchor head displacement is to be recorded. 
In addition, the load and displacement is to be recorded at the failure 
mode identified in paragraph (b)(10) of this section. It is permissible 
to halt the addition of load at each loading increment for up to 60 
seconds to facilitate taking displacement readings. The ultimate anchor 
load of the ground anchor assembly and corresponding displacement is to 
be recorded. The pretension load of 500 pounds should be included in 
the 4725 pound ultimate anchor load test. It shall be permissible to 
interpolate between displacement and load measurements to determine the 
ultimate anchor load.
    (I) All ground anchor assemblies must be tested to the following:
    (1) Failure due to displacement of the ground anchor assembly, as 
established in paragraph (b)(9) of this section, or
    (2) Failure of either the anchoring equipment or its attachment 
point to the testing apparatus, or to a minimum of 4725 pounds (when 
possible, tests should be taken to 6000 pounds to provide additional 
data but this is NOT required).
    (v) In-line ground anchor assembly method. Ground Anchor Assembly 
installation and withdrawal procedures for test purposes must be as 
follows, and must be used consistently throughout all tests:
    (A) The ground anchor must be installed at an angle from the 
horizontal ground surface at which it is to be rated.
    (B) The ground anchor must be driven to its full depth into the 
soil.
    (C) The ground anchor head must be attached to the tensioning 
equipment such that tension and displacement can be recorded.
    (D) The anchor must be pulled in line with the ground anchor shaft.
    (E) The ground anchor shall be pretensioned 500 pounds.
    (F) The location of the ground anchor head is to be marked after it 
is pretensioned for measuring subsequent movement under test loading.
    (G) Increase the load throughout the test. The recommended rate of 
load application must be such that the loading to not less than 4725 
pounds is reached in not less than 2 minutes from the time the 500 
pound pretension load is achieved.
    (H) Record the load and displacement, at a minimum of 500-1000 
pound increments, such that a minimum of five data points will be 
obtained to determine a load deflection curve. For each datum, the 
applied load and the ground anchor head displacement are to be 
recorded. In addition, the load and displacement are to be recorded at 
the failure mode identified in paragraph (10) of this section. It shall 
be permissible to halt the addition of load at each loading increment 
for up to 60 seconds to facilitate taking displacement readings. The 
ultimate anchor load of the ground anchor assembly and corresponding 
displacement must be recorded. The pretension load of 500 pounds should 
be included in the 4725 pound ultimate anchor load test. It is 
permissible to interpolate between

[[Page 45111]]

displacement and load measurements to determine the ultimate anchor 
load.
    (I) All ground anchor assemblies must be tested to the following:
    (1) Failure due to displacement of the ground anchor assembly as 
established in paragraph (b)(9) of this section, or
    (2) Failure of either the anchoring equipment or its attachment 
point to the testing apparatus, or to a minimum of 4725 pounds (when 
possible, tests should be taken to 6000 pounds to provide additional 
data, but this is NOT required)
    (9) Failure criteria. The following conditions constitute failure 
of the ground anchor test assembly:
    (i) When the ground anchor head, or its attachment point, displaces 
2 inches in the vertical or horizontal direction from its pretensioned 
measurement position prior to reaching a total load of 3150 pounds 
(including any pretension load).
    (ii) When the ground anchor head, or its attachment point, 
displaces 2 inches in the vertical direction or 3 inches in the 
horizontal direction from its pretensioned measurement position prior 
to reaching a total load of 4725 pounds (including any pretension 
load).
    (iii) When breakage of any component of the ground anchor shaft 
occurs prior to reaching a total load of 4725 pounds.
    (10) Use of ultimate anchor loads to establish the working load 
design value.
    (i) The working load design value is the lowest ultimate anchor 
load determined by testing, divided by a 1.5 factor of safety.
    (ii) The working load design value, for each installation method 
and soil classification, shall be stated in the ground anchor assembly 
listing or certification. An anchor tested in a given soil 
classification number must not be approved for use in a higher/weaker 
soil classification number. For example, an anchor tested in soil 
classification 3 must not be approved for soil classification 4A or 4B 
unless it is also tested in those soils. The 500 pound pretension is 
included in the ultimate anchor load.
    (11) Test Report. The test report to support the listing or 
certification for each ground anchor assembly tested is to include all 
conditions under which the ground anchor assembly was tested, including 
the following:
    (i) A copy of all test data accumulated during the testing.
    (ii) The soil characteristics, including moisture content and 
methods for determining soil characteristics, for each type of soil for 
which the ground anchoring assembly was evaluated.
    (iii) The model of the ground anchor assembly tested.
    (iv) The ground anchor assembly test method used.
    (v) Detailed drawings including all dimensions of the ground anchor 
assembly and its components.
    (vi) Method of installation at the test site.
    (vii) Date of installation and date of testing.
    (viii) Location of the certification test site.
    (ix) Test equipment used.
    (x) A graph or chart for each anchor specimen tested indicating the 
loading increments in pounds and resulting displacement in inches.
    (xi) The working load design value and ultimate anchor load, 
determined in accordance with paragraph (b)(10) of this section.
    (xi) If required, a description of the stabilizer plate used in 
each ground anchor assembly/stabilizer plate test, including the name 
of the manufacturer.
    (xii) Angle(s) of pull for which the anchor has been tested.
    (xiii) Embedment depth of the ground anchor assembly.
    (xiv) The application and orientation of the applied load.
    (xv) A description of the mode and location of failure for each 
ground anchor assembly tested.
    (xvi) Name and signature of the nationally recognized testing 
agency or registered professional engineer certifying the testing and 
evaluation.
    (xvii) The soil classification(s) for which each ground anchor 
assembly is certified for use and the working load design value and 
minimum ultimate load capacity for those soil classification(s).
    (12) Approved ground anchor assemblies. Each ground anchor 
manufacturer or producer must provide the following information for use 
of approved ground anchor assemblies, and this information must also be 
included in the listing or certification for each ground anchor 
assembly:
    (i) Drawings showing ground anchor installation.
    (ii) Specifications for the ground anchor assembly including:
    (A) Soil classifications listed or certified for use;
    (B) The working load and minimum ultimate anchor load capacity for 
the anchor assembly in the soil classification(s) for which it is 
listed or certified for use;
    (C) Model number and its location on the anchor;
    (D) Instructions for use, including pretensioning;
    (E) Angle(s) of pull for which the anchor has been listed and 
certified; and
    (F) Manufacturer, size, and type of stabilizer plate required.

Appendix to Sec.  3285.402

    Torque Probe Method for determining soil classification: This 
kit contains a 5-foot-long steel earth-probe rod, with a helix at 
the end. It resembles a wood-boring bit, on a larger scale. The tip 
of the probe is inserted as deep as the bottom helix of the ground 
anchor assembly that is being considered for installation. The 
torque wrench is placed on the top of the probe. The torque wrench 
is used to rotate the probe steadily so one can read the scale on 
the wrench. If the torque wrench reads 551 inch-pounds or greater, 
then a class 2 soil is present according to the Table to 24 CFR 
3285.202(a)(3). A class 3 soil is from 351 to 550 inch-pounds. A 
class 4A soil is from 276 to 350 inch-pounds, and a class 4B soil is 
from 175 to 275 inch-pounds. When the torque wrench reading is below 
175 inch-pounds, a professional engineer should be consulted.
* * * * *

PART 3286--MANUFACTURED HOUSING INSTALLATION RULES AND REGULATIONS

0
4. The authority citation for part 3286 continues to read as follows:

    Authority:  42 U.S.C. 3535(d), 5404, and 5424.

0
5. Revise Sec.  3286.505 paragraph (e) to read as follows:


Sec.  3286.505  Minimum elements to be inspected.

* * * * *
    (e) Anchorage including verification that the ground anchors have 
been installed in accordance with the manufacturer's instructions, in a 
soil classification permitted by the anchor listing or certification, 
with the required size and type of stabilizer plate, if required by the 
listing or certification, and at an orientation and angle of pull 
permitted by its listing or certification.
* * * * *

    Dated: June 20, 2013.
Carol J. Galante,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2013-18001 Filed 7-25-13; 8:45 am]
BILLING CODE 4210-67-P