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

Federal RegisterFeb 2, 1998

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SUMMARY: This final rule implements a HUD Building Product Standards

and Certification Program proposed rule and adopts the following Use of

Materials Bulletins: 38j Grademarking of Lumber, 60a Construction

Adhesives for Wood Floor Systems, 70b Particleboard Interior Stair

Treads, and 111 Fenestration Products (Windows and Doors). It also

references related national voluntary consensus standards, provides a

labeling and third party certification procedure to assure that the

building products used in HUD programs meet the appropriate national

voluntary consensus standards, supplements the HUD Building Product

Standards and Certification Program by requiring that additional

information be included on the label, tag, or mark that each

manufacturer would affix to a certified product, and specifies the

frequency with which products must be tested in order to be acceptable

to HUD. The final rule also allows the use of American Society for

Quality Control (ASQC/ISO) 9000 series standards to be used as

voluntary guidelines in any quality review.

DATES: Effective March 4, 1998. The incorporation by reference of

certain publications listed in the regulations is approved by the

Director of the Federal Register as of March 4, 1998.

FOR FURTHER INFORMATION CONTACT: David R. Williamson, Director, Office

of Consumer and Regulatory Affairs, Department of Housing and Urban

Development, 451 Seventh Street S.W., Room 9156, Washington, D.C.

20410-8000; telephone: voice (202) 708-6423; TTY, (202) 708-4594 (these

are not toll free numbers).

SUPPLEMENTARY INFORMATION:

I. The Proposed Rule

On May 19, 1997, the Department published in the Federal Register

at 62 FR 27486 a rule which proposed to adopt the following Use of

Materials Bulletins (UMs):

UM 73b Plastic Plumbing Fixtures at Sec. 200.937.

UM 44e Carpet and Carpet with Attached Cushion at Sec. 200.942.

UM 38j Grademarking of Lumber at Sec. 200.943.

UM 40c Plywood and Other Wood-Based Structural-Use Panels at

Sec. 200.944.

UM 72b Carpet Cushion at Sec. 200.948.

UM 105 Elastomeric Joint Sealants at Sec. 200.951.

UM 70b Particleboard Interior Stair Treads at Sec. 200.952.

UM 110 Sprayed Polyurethane Foam Roof Insulation at Sec. 200.953.

UM 60a Construction Adhesives for Wood Floor Systems at Sec. 200.954.

UM 111 Fenestration Products (Windows and Doors) at Sec. 200.955.

Of the UMs included in the proposed rule, this rule adopts the

following Use of Materials Bulletins: 38j Grademarking of Lumber, 60a

Construction Adhesives for Wood Floor Systems, 70b Particleboard

Interior Stair Treads, and 111 Fenestration Products (Windows and

Doors). The other proposed UMs will be updated to reference current

relevant standards and will be issued once more in a proposed rule for

comment.

The May 19, 1997 rule also proposed to update the reference in

Sec. 900.929(b)(2) to cite the 1994 edition of the MPS compilation; to

provide the current HUD address, in Sec. 200.931, for public

examination of the MPS; to amend Sec. 200.935(d)(4)(ii) to allow the

use of American Society for Quality Control (ASQC/ISO) 9000 series

standards to be used as voluntary guidelines in any quality review; and

to remove Secs. 200.938, 200.939, and 200.941. No comments were

received on any of these proposed amendments and they are adopted here

without change.

II. Discussion of Public Comments

Five comments were received regarding UM 105, and one comment was

received concerning UM 110. No comments were received regarding UMs

38j, 40c, 44e, 60a, 70b, 72b, 73b, or 111. Since the only UMs that

received any public comment are being reissued in another proposed rule

for additional comment, this rule adopts without change four UMs as

noted in section I. of this preamble, above.

The text of the UMs is not being reproduced in the final rule,

because the new sections of 24 CFR part 200 set forth below incorporate

the substance of the standards. However, copies are available for

public inspection during regular business hours in the Office of

Consumer and Regulatory Affairs, Department of Housing and Urban

Development, 451 Seventh Street S.W., Room 9156, Washington, D.C. 20410

and in the Office of the Rules Docket Clerk, Office of General Counsel,

451 Seventh Street S.W., Washington, D.C. 20410.

III. Findings and Certifications

Impact on Small Entities

The Secretary, in approving this rule for publication, certifies in

accordance with 5 U.S.C. 605(b), the Regulatory Flexibility Act, that

this rule would not have a significant economic impact on a substantial

number of small entities. These UMs would adopt standards that are

nationally recognized throughout the affected industry, and their

adoption will not create a burden on manufacturers, which are currently

meeting these standards. The rule will have no adverse or

disproportionate economic impact on small businesses.

Paperwork Reduction Act

The information collection requirements for these UM's under HUD's

Building Product Standards and Certification Programs have been

approved by the Office of Management and Budget, under section 3507(d)

of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), and

assigned OMB control number 2502-0313. An agency may not conduct or

sponsor, and a person is not required to respond to, a collection of

information unless the collection displays a valid control number.

Unfunded Mandates Reform Act

Title II of the Unfunded Mandates Reform Act of 1995 establishes

requirements for Federal agencies to assess the effects of their

regulatory actions on State, local, and tribal governments and the

private sector. This rule does not impose any Federal mandates on any

State, local or tribal governments or the private sector within the

meaning of the Unfunded Mandates Reform Act of 1995.

Environmental Impact

At the time of publication of the proposed rule, a Finding of No

Significant Impact with respect to the environment was made in

accordance with HUD regulations in 24 CFR part 50 that implement

section 102(2)(C) of the National Environmental Policy Act of 1969 (42

U.S.C. 4332). The proposed rule is adopted by this final rule without

significant change. Accordingly, the initial Finding of No Significant

Impact remains applicable, and is available for public inspection

between 7:30 a.m. and 5:30 p.m. weekdays in the office of the Rules

Docket Clerk at the above address.

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Federalism Impact

The General Counsel has determined, as the Designated Official for

HUD under section 6(a) of Executive Order 12612, Federalism, that this

rule does not have federalism implications concerning the division of

local, State, and Federal responsibilities. The rule only adopts

standards that are already nationally recognized throughout the

affected industry.

Executive Order 13045, Protection of Children From Environmental Health

Risks and Safety Risks

This rule will not pose an environmental health risk or safety risk

on children.

Incorporation by Reference

These standards have been approved by the Director of the Federal

552(a) and 1 CFR part 51. Copies of the standards may be obtained from

the American National Standards Institute, Inc. (ANSI), 11 West 42nd

St., New York, N.Y. 10036, the American Society for Testing and

Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, PA 19428 or

from the organizations specifically mentioned in the referenced

section.

List of Subjects in 24 CFR Part 200

Administrative practice and procedure, Claims, Equal employment

opportunity, Fair housing, Home improvement, Housing standards,

Incorporation by reference, Lead poisoning, Loan programs--housing and

community development, Minimum property standards, Mortgage insurance,

Organization and functions (Government agencies), Penalties, Reporting

and recordkeeping requirements, Social security, Unemployment

compensation, Wages.

Accordingly, 24 CFR part 200 is amended as follows:

PART 200--INTRODUCTION

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

follows:

Authority: 12 U.S.C. 1701-1715z-18; 42 U.S.C. 3535(d).

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

Sec. 200.929 Description and identification of minimum property

standards.

* * * * *

(b) * * *

(2) MPS for Housing 4910.1, 1994 edition. This volume applies to

buildings and sites designed and used for normal multifamily occupancy,

including both unsubsidized and subsidized insured housing, and to

care-type housing insured under the National Housing Act. It also

includes, in Appendix K, a reprint of the MPS for One and Two Family

Dwellings identified in paragraph (b)(1) of this section.

3. Section 200.931 is revised to read as follows:

Sec. 200.931 Statement of availability.

(a) Updated copies of the Minimum Property Standards and Use of

Materials Bulletins are available for public examination in the Office

of Consumer and Regulatory Affairs, Department of Housing and Urban

Development, room 9156, 451 Seventh St. SW., Washington, D.C. 20410-

8000. In addition, copies of volumes 1, 2, and 3 of the Minimum

Property Standards may be purchased from the U.S. Government Printing

Office, Washington, D.C. 20402.

(b) Publications approved by the Director of the Federal Register

for incorporation by reference in accordance with 5 U.S.C. 552(a) and 1

CFR part 51 are available for inspection at the Office of the Federal

4. In Sec. 200.935, paragraph (d)(4)(ii) is revised to read as

follows:

Sec. 200.935 Administrator qualifications and procedures for HUD

building products certification programs.

* * * * *

(d) * * *

(4) * * *

(ii) Quality assurance system review. (A) Each administrator shall

examine a participating manufacturer's facilities and quality assurance

system procedures to determine that they are adequate to assure

continuing production of the product that complies with the applicable

standard. These quality assurance system procedures shall be documented

in the administrator's and the manufacturer's files. If a

manufacturer's quality assurance system is not satisfactory to the

administrator, validation of the manufacturer's declaration of

certification shall be withheld. The following American Society for

Quality Control (ASQC) standards, which are incorporated by reference,

may be used as guidelines in any quality assurance review:

(1) ASQC Q9000-1-1994 Quality Management and Quality Assurance

Standards Guidelines for Selection and Use;

(2) ASQC Q9001-1994 Quality Systems--Model for Quality Assurance in

Design, Development, Production, Installation, and Servicing;

(3) ASQC Q9002-1994 Quality Systems--Model for Quality Assurance in

Production, Installation, and Servicing;

(4) ASQC Q9003-1994 Quality Systems--Model for Quality Assurance in

Final Inspection and Test;

(5) ASQC Q9004-1-1994 Quality Management and Quality System

Elements-Guidelines.

(B) These standards have been approved by the Director of the

Federal Register for incorporation by reference in accordance with 5

U.S.C. 552(a) and 1 CFR part 51. They are available from the American

Society for Quality Control (ASQC), 611 East Wisconsin Avenue,

Milwaukee, WI 53202.

* * * * *

Secs. 200.938, 200.939, and 200.941 [Removed]

5. Sections 200.938, 200.939, and 200.941 are removed.

6. Section 200.943 is revised to read as follows:

Sec. 200.943 Supplementary specific requirements under the HUD

building product standards and certification program for the

grademarking of lumber.

(a) Applicable standard. (1) In accordance with UM 38j, lumber

shall be grademarked in compliance with the U.S. Department of Commerce

Voluntary Product Standard PS 20-94 American Softwood Lumber Standard.

(2) This standard has been approved by the Director of the Federal

552(a) and 1 CFR part 51. It is available from the U.S. Department of

Commerce, NIST, Office of Voluntary Product Standards, Gaithersburg, MD

20899.

(b) Labeling. Under the procedures set forth in Sec. 200.935(d)(6)

concerning labeling of a product, the administrator's validation mark

and the manufacturer's certification of compliance with the applicable

standard are required on the certification label issued by the

administrator to the manufacturer. However, in the case of grademarking

of lumber, the following information shall be included on the

certification label or mark:

(1) The registered symbol which identifies the grading agency;

(2) Species or species combination;

(3) Grade;

(4) Identification of the applicable grading rules when not

indicated by the species identification or agency symbol;

(5) Mill or grader;

(6) For members which are less than 5 inches in nominal thickness,

indication that the lumber was green or dry at the time of dressing;

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(7) Indication that the lumber was finger jointed; and

(8) The certification mark shall be affixed to each piece of

lumber.

quality assurance inspections shall be carried out by the American

Lumber Standard Committee as defined in PS 20-94.

7. A new Sec. 200.952 is added to subpart S to read as follows:

Sec. 200.952 Supplementary specific requirements under the HUD

building product standards and certification program for particleboard

interior stair treads.

(a) Applicable standards. (1) All interior particleboard stair

treads shall be designed, manufactured, and tested in compliance with

ANSI A208.1-1993 Particleboard, Grade M-3.

(2) This standard has been approved by the Director of the Federal

552(a) and 1 CFR part 51, and is available from the American National

Standards Institute, Inc., 11 West 42nd Street, New York, NY 10036.

(b) Labeling. Under the procedures set forth in Sec. 200.935(d)(6)

concerning labeling of a product, the administrator's validation mark

and the manufacturer's certification of compliance with the applicable

standard are required to be on the certification label issued by the

administrator to the manufacturer. Each interior particleboard stair

tread shall include the manufacturer's statement of conformance to UM

70b, a statement that this product is for interior use only, and the

manufacturer's name and plant location.

forth in Sec. 200.935(d)(8) concerning periodic tests and quality

assurance inspections, the frequency of testing for a product shall be

described in the specific building product certification program. In

the case of interior particleboard stair treads, testing and inspection

shall be conducted as follows:

(1) At least once every three months, the administrator shall visit

the manufacturer's facility to select a sample for testing in a

laboratory approved by the administrator.

(2) The administrator shall also review the quality assurance

procedures twice a year to assure that they are being followed by the

manufacturer.

8. A new Sec. 200.954 is added to subpart S to read as follows:

Sec. 200.954 Supplementary specific requirements under the HUD

building product standard and certification program for construction

adhesives for wood floor systems.

(a) Applicable standards. (1) All construction adhesives for field

glued wood floor systems shall be designed, manufactured, and tested in

compliance with the following American Society for Testing and

Materials (ASTM) standard: D 3498-93 Standard Specification for

Adhesives for Field-Gluing Plywood to Lumber Framing for Floor Systems

except that the mold and bacteria resistance tests shall not be

included.

(2) This standard has been approved by the Director of the Federal

552(a) and 1 CFR part 51, and is available from the American Society

for Testing & Materials Inc., 100 Barr Harbor Drive, West Conshohocken,

PA. 19428.

(b) Labeling. Under the procedures set forth in Sec. 200.935(d)(6)

concerning labeling of a product, the administrator's validation mark

and the manufacturer's certification of compliance with the applicable

standard are required to be on the certification label issued by the

administrator to the manufacturer. Each container shall be marked as

being in compliance with UM 60a. The label shall also include the

manufacturer's name, plant location, and shelf life.

forth in Sec. 200.935(d)(8) concerning periodic tests and quality

assurance inspections, the frequency of testing for a product shall be

described in the specific building product certification program. In

the case of construction adhesives for field glued wood floor systems,

testing and inspection shall be conducted as follows:

(1) At least every six months, the administrator shall visit the

manufacturer's facility to select a sample for testing in a laboratory

approved by the administrator.

(2) The administrator shall also review the quality assurance

procedures twice a year to assure that they are being followed by the

manufacturer.

9. A new Sec. 200.955 is added to subpart S to read as follows:

Sec. 200.955 Supplementary specific requirements under the HUD

building product standard and certification program for fenestration

products (windows and doors).

(a) Applicable standards. (1) All windows and doors shall be

designed, manufactured, and tested in compliance with American

Architectural Manufacturers Association (AAMA) standard, AAMA/NWWDA

101/I.S.2-97 Voluntary Specifications for Aluminum, Vinyl (PVC) and

Wood Windows and Glass Doors.

(2) This standard has been approved by the Director of the Federal

552(a) and 1 CFR part 51, and is available from the American

Architectural Manufacturers Association, 1827 Walden Office Square,

Suite 104, Schaumburg, IL 60173.

(b) Labeling. Under the procedures set forth in Sec. 200.935(d)(6)

concerning labeling of a product, the administrator's validation mark

and the manufacturer's certification of compliance with the applicable

standards are required to be on the certification label issued by the

administrator to the manufacturer. Each window or glass door shall

include the manufacturer's name, plant location, and statement of

compliance with UM 111.

procedures set forth in Sec. 200.935(d)(8) concerning periodic tests

and quality assurance inspections, the frequency of testing for a

product shall be described in the specific building product

certification program. In the case of windows and glass doors, testing

and inspection shall be conducted as follows:

(1) At least once every four years, the administrator shall visit

the manufacturer's facility to select a commercial sample for testing

in a laboratory approved by the administrator.

(2) The administrator shall also review the quality assurance

procedures twice a year to assure that they are being followed by the

manufacturer.

Dated: January 23, 1998.

Nicolas P. Retsinas,

Assistant Secretary for Housing-Federal Housing Commissioner.

[FR Doc. 98-2391 Filed 1-30-98; 8:45 am]

BILLING CODE 4210-27-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.