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

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