[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Rules and Regulations]
[Pages 53609-53618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21431]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 3285 and 3286
[Docket No. FR-5631-F-02]
RIN 2502-AJ15
Model Manufactured Home Installation Standards: Ground Anchor
Installations
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
[[Page 53610]]
ACTION: Final rule.
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SUMMARY: This final rule amends the Manufactured Home Model
Installation Standards by revising existing requirements for ground
anchor installations and establishing 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.
Because there was no generally accepted method for rating and
certifying ground anchors, states had adopted different requirements
for certifying ground anchor performance. This final rule establishes a
uniform test method that can be utilized to determine and rate ground
anchor performance in different soil classifications and may be used by
states to certify and accept ground anchor assemblies.
DATES: Effective Date: November 10, 2014.
FOR FURTHER INFORMATION CONTACT: Pamela Beck Danner, 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 202-708-6423 (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
On July 26, 2013, at 78 FR 45104, HUD published a proposed rule to
amend the Manufactured Home Model Installation Standards by adopting
recommendations made by the Manufactured Home Consensus Committee
(MHCC) 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. HUD's proposed rule
recognized that while the Model Manufactured Home Installation
Standards (24 CFR part 3285) reference a nationally recognized testing
protocol for ground anchor assemblies, there is currently no national
test method to rate and certify ground anchor assemblies in different
soil classifications.
This final rule establishes 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. These standard test methods require
determination of soil classification by test probe at each testing site
for each anchor assembly being certified. Failure criteria is
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 final rule requires that the working load design value for
each installation method and soil classification be reported in the
ground anchor assembly listing or certification.
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 safety of the
home.
II. Changes and Clarifications Made in This Final Rule
This final rule follows publication of the July 26, 2013, proposed
rule and takes into consideration the public comments received on the
proposed rule. In response to public comment, a discussion of which is
presented in the following section of this preamble, and in further
consideration of issues addressed at the proposed rule stage, HUD is
making two changes at this final rule stage. Specifically, HUD is
providing that ground anchor designs that have been tested and approved
prior to the effective date of this rule are not required to be
retested to the standards of this rule if they meet certain criteria as
discussed in Section IV of this preamble. In addition, HUD is
clarifying the final rule to require that ground anchor assemblies be
subject to on-going surveillance by a nationally recognized laboratory.
More specifically and to preclude any misunderstanding, HUD is removing
the phrase, ``or a registered professional engineer or registered
architect must certify'' from Sec. 3285.402(a) since professional
engineers or architects do not typically offer these services.
III. The Commenters
The public comment period for the July 26, 2013, proposed rule
closed September 24, 2013. HUD received six public comments in response
to this proposed rule. Comments were submitted by two manufacturers of
ground anchors, two national trade associations representing the
manufactured housing industry, a nationally recognized independent
third-party testing, listing, and inspection agency for building
systems and materials and a nationally recognized Design Approval and
Plan Inspection Agency for manufactured and modular homes, and a member
of the public. The commenters were largely supportive of the proposed
rule but offered specific recommendations to sections of the proposed
rule. In addition, on May 8, 2014, HUD met with the Manufactured
Housing Institute (MHI) and representatives of the manufactured home
ground anchor industry. At this meeting, the concerns discussed in
MHI's public comment were largely reiterated. Issues presented included
the cost and need of retesting existing anchor designs, the need for
HUD to focus on ensuring the proper installation of the manufactured
home rather than on the methods used to test the anchor as a means to
increase the integrity of manufactured homes in high wind events, and
possible flaws in the field testing used by HUD to base its proposed
rule. The following section of this preamble summarizes the significant
issues raised by the commenters on the July 26, 2013,
[[Page 53611]]
proposed rule and HUD's responses to these comments.
Comment: HUD should use a higher safety factor. One commenter
stated that anchoring/tie downs are not sufficient to hold prefab units
unless they are complemented with seismic/wind load anchors of equal or
greater weight with a safety factor of 5. The commenter recommended
that the rule reflect the safety factor of 5 as a minimum for all soils
and suggested that HUD consider using the International Code Council
standards.
Response: The Department does not agree with the commenter with
regard to the recommendation to use a higher safety factor of 5 in
evaluating ground anchor performance. Based on field investigations of
ground anchor performance following recent hurricane events, HUD has
determined that the current factor of safety of 1.5 is adequate. HUD
bases its determination on the adequacy of ground anchor performance in
recent high wind events, such as Hurricane Charley, and commentary in a
field research study conducted for HUD, which support the conclusion
that a safety factor in the range of 1.5 to 2.0 is adequate when
anchors are tested or selected on the basis of site soil
characterization which would be required by this rule.
Comment: The field testing used by HUD to justify the proposed rule
is flawed. One commenter stated that the results of the tests discussed
in the proposed rule are invalid because the anchors tested where not
appropriate for the soil classification. According to the commenter,
Products Testing, Inc. in a letter dated October 20, 2008, reported
that, ``the anchors used at the Georgia test site were the wrong
anchors for soil classification at the site. The HUD contractor failed
to use the correct maximum load scale to match the anchors that were
tested.'' This issue was also presented in HUD's May 8, 2014, meeting
with MHI and representatives of the ground anchor industry.
Response: The field testing was not flawed and was not focused on
the integrity of the anchors being tested. Rather, the testing was
designed to determine a method or methods by which ground anchors could
be universally tested in all soil classifications to produce reliable
and repeatable results. The study found comparable testing results in
ground anchor performance using the test protocol being evaluated
between the testing apparatus and methods used by the contractor and
the current testing approach used by ground anchor suppliers. The
testing was not designed, as the commenter suggests, to evaluate the
performance of a specific ground anchor at the testing site.
Comment: The testing costs estimated in the proposed rule are too
conservative. A commenter questioned the accuracy of the testing costs
reflected in the proposed rule, stating that it likely has the fewest
number anchors requiring retesting and estimating that the cost of
retesting would be approximately $175,000. The commenter also stated
that the 2 to 3 day timeframe to do the retesting was unrealistic.
Another commenter stated that HUD's cost estimates for retesting
existing anchors were too low. According to the commenter, the five
anchor manufacturers each have an average of 12 to 15 anchor designs.
To retest each design, each anchor would need to be tested in two
differed soil classifications taking 2 to 3 days. The costs of testing
would include the possibility that testing would be delayed for bad
weather and for the availability of engineers to witness tests and
prepare reports and certifications. Rather than a one-time cost of
$50,000 to $75,000 for each anchor manufacturer, as HUD estimates, the
commenter states that a survey of all manufacturers estimates costs to
be more like $200,000 to $250,000 per manufacturer, for an aggregate
costs of $1 to $1.25 million. The commenter concluded that these costs
would have to be borne by the consumer and that retesting of existing
designs is not justifiable given the performance record of the current
installed product. A third commenter recommended that HUD should
address and minimize, to the maximum extent possible, any potential
additional costs attributed to the new standards that have not
previously been brought to or considered by the MHCC as part of its
consensus process.
Response: The testing costs estimates discussed in the proposed
rule included the cost of testing both new and existing ground anchor
systems. HUD believes that its cost estimates also considered all of
the factors identified in the comment as contributing to the cost of
retesting existing designs. The suppliers of ground anchors present at
the May 7, 2014, meeting with HUD, stated that tests for new anchor
designs are infrequently conducted because few new anchor designs are
produced. Notwithstanding, HUD has decided not to require the retesting
of existing anchor designs provided they meet certain conditions
specified in this final rule. HUD believes that this decision addresses
the concerns regarding the potential cost of the rule.
Comment: Failure to properly install the manufactured home or the
anchors securing the home is a greater risk to the home than failure to
establish a national testing method to determine anchor performance and
HUD should focus on ensuring that manufactured home is properly
installed rather than on testing ground anchors. Two commenters stated
that the integrity of the manufactured home installation depends more
on the quality of the installation itself, rather than the methods used
to test the anchor. According to these commenters, HUD can implement a
stringent ground anchor test method, but the anchorage system will
still fail if the wrong anchor is chosen for the soil classification at
the site, the anchor is not properly installed (e.g., not installed to
full depth, missing stabilizer plates, straps not installed tight,
etc.), or if too few anchors are installed (e.g., manufacturer's
instructions for the number of ground anchors were not adhered to
resulting in too few anchors being installed.). These commenters stated
that if HUD wants to increase the safety of manufactured housing it
should shift its focus on inspecting the installation of new and used
homes. Another commenter recommended that HUD focus its efforts in
three general areas. First, the commenter stated that there are
currently 17 states that have not had their installer licensing program
approved by HUD; second, the commenter recommended that HUD create a
standard for the installation of used homes; and third, the commenter
recommended that HUD require all states to perform installation
inspections on all manufactured homes.
Response. The Department agrees that ensuring the proper
installation of each manufactured home can increase the safety of
manufactured housing and reduce risk. However, ensuring through uniform
testing and certification that anchors are properly installed will
enhance the performance of the home in wind events. The Department
intends to obtain the services of a contractor in 2014 to assist HUD in
the administration and enforcement of its installation standards and
regulations for installers in states that do not have HUD accepted
qualifying installation programs. The current program regulations for
installation in 24 CFR part 3286 do not specifically require qualifying
state programs to inspect each home installation. Rather, each state
must have a method for inspecting new installations that includes
holding installers accountable for the work they perform. There is no
legislative
[[Page 53612]]
authority for HUD to regulate the installation of used manufactured
homes.
Comment: Current ground anchors have an admirable performance
record when properly installed and should not have to be retested. One
commenter, citing two studies, one conducted by the Florida
Manufactured Housing Association and the second conducted by RADCO for
the Manufactured Housing Institute,\1\ stated that anchors installed in
Florida prior to Hurricane Charley performed extremely well. The
commenter quoted the RADCO report as stating that, ``[t]here was no
evidence of shifting or movement of the homes. All anchors remained
firmly anchored in the ground and all straps and metal braces remained
tight. All piers remained in stable condition, and continued to provide
full bearing and firm support for the homes. No remedial measures were
needed. After Hurricane Charley, park management contracted with an
independent firm to inspect the foundation and anchoring systems of all
homes within the community. All of these inspections confirmed that the
foundation and anchoring systems remained in good condition, and were
not affected by the hurricane.'' Based on these reports, the commenter
suggested that current ground anchors should not need to be retested.
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\1\ The Performance of Post-1994 HUD Code Manufactured Homes
During Hurricane Charley. Prepared by RADCO. Prepared for the
Manufactured Housing Institute. January 26, 2005.
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Response. The Department agrees with the commenter and will not
require existing ground anchor systems to be retested provided they
meet the conditions detailed in the final rule and as discussed in
response to the comment immediately below.
Comment: HUD should allow grandfathering of existing ground anchors
that have already been tested and certified. Several commenters
questioned the need to retest existing anchors that already have been
tested and certified. These commenters recommended that anchors that
have already been tested and certified be grandfathered in and not
subject to retesting. Another commenter recommended that HUD's final
rule should permit the continued use of existing ground anchors
produced and certified prior to the final rule's effective date. A
third commenter agreed that existing ground anchor designs should be
grandfathered and recommended the following criteria to allow
grandfathering:
1. Each ground anchor test shall have been witnessed by a
professional engineer and that engineer shall have documented the
results in a standard form test report which bears his P.E. stamp.
2. Each ground anchor shall be listed as that term is defined in
3285.5
3. Each specimen tested must meet or exceed an ultimate load of
4,725 lbs.
4. A minimum of three (3) specimens must be tested for each ground
anchor design.
5. The soil test torque probe method must have been used to
determine soil classifications at the ground anchor test site.
6. Each test report must identify the soil classification for which
the ground anchor was tested. A ground anchor tested in a given soil
classification number must not be listed for use in a higher/weaker
soil classification number.
7. Tests performed by the stabilizer plate method must indicate the
angle of pull and the listing for the anchor must identify the minimum
allowable angle of pull to the horizontal based on the tests.
8. Each test report must include specifications and dimensions of
the ground anchor assembly.
9. The maximum deflection at 3,150 lbs. is 2'' vertically or 2''
horizontally.
10. The maximum deflection at 4,725 lbs. is 2'' vertically or 3''
horizontally.
The commenter also recommended that HUD not alter or add to this
list since doing so would make it impossible for the majority of ground
anchors to conform.
Response: After reviewing these comments, HUD agrees that published
studies support the conclusion that existing anchor designs have
performed well in the past. HUD has also considered the concern raised
by some of the commenters regarding the cost of retesting existing
design. Based on this information, HUD believes there is limited
utility to requiring that all existing ground anchor designs be
retested. Nevertheless, HUD believes that public safety requires that
existing ground anchor designs are structurally sound and provide a
measure of dependability to ensure the public's trust. As a result, HUD
will generally adopt the criteria provided by the commenter to ensure
that existing ground anchor designs meet this measure. HUD has
clarified in the final rule that for the stabilizer plate method, that
the anchor must have been certified and listed for a minimum angle of
pull to the horizontal of at least 30 degrees, and that minimum angle
of pull to the horizontal must be included in the listing. The final
rule also clarifies that for any previously certified anchor assembly
where the angle of pull was less than 30 degrees that the anchor
assembly will need to be re-evaluated in accordance with the procedures
for new anchor designs. HUD believes that the criteria recommended is
similar to and meets the intent of HUD's proposal to ensure public
safety by retesting existing anchor designs. Based on public comment,
HUD believes that most existing ground anchor products are tested and
conform to this standard. This conclusion was confirmed by the ground
anchor manufacturers at the May 7, 2014, meeting.
Comment: Other issues. A commenter disputed the lack of a
nationally recognized ground anchor testing protocol in 2005, noting
that Florida and Alabama have strict testing protocols since 1994.
Response: HUD is aware of the Florida and Alabama testing
protocols. These protocols, however, are not recognized in states other
than Florida and Alabama, respectively.
Comment: A commenter stated that there is typo at Sec.
3285.402(b)(8)(I) and that the fourth line which reads in part
``(b)(7)(iii)'' should read ``(b)(8)(iii)''.
Response: The section has been revised to refer to Sec.
3285.402(b)(8)(iii).
Response to Specific HUD Questions in the Proposed Rule
Question #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?
Comment: One commenter responded that three tests are wholly
adequate. The commenter identified several factors which assure that
three tests are adequate, including that the proposed rule would
require all three test specimens to equal or exceed an ultimate load of
4725 pounds. The commenter stated that many national test methods, such
as International Code Congress Evaluation Service Acceptance Criteria,
also require three tests but allow for the average of the results to be
used. The proposed test method described in HUD's rule would therefore
be more stringent than many national recognized methods for determining
allowable loading of structural systems based on tests. In addition,
the requirements to (1) increase the load throughout the test and (2)
that loading to 4725 pounds must not be reached in less than two
minutes both serve to reduce variability in ultimate load test results.
The commenter also stated that
[[Page 53613]]
requiring six tests instead of three would double the cost of
conducting certification testing with very little if any added
reliability.
Response: Based on the comments received, the final rule requires a
minimum of three tests to be conducted to certify each ground anchor
assembly in the weakest soil classification for which it is listed.
Question #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?
Comment: One commenter responded that HUD should not amend the
requirement as suggested. The commenter stated that HUD's previous
tests raised the concern that it might be possible to achieve higher
ultimate load resistance by loading the anchor very quickly all the way
to ultimate load. According to the commenter, the proposed rule
adequately addressed this possible concern by adding the dual
requirements that the load must be increased throughout the test, and
that loading to 4725 pounds must not be reached in less than two
minutes. The commenter also stated that test apparatus cost is another
factor for not amending the rule. Equipment that can precisely control
the rate of displacement is significantly more expensive that the
hydraulic load ram systems actuated by hand or power pumps which are
currently in use for ground anchor testing.
Response: HUD agrees with the commenter and the final rule does not
require a controlled rate of displacement but does require that the
ultimate load must not be reached in less than two minutes.
Question #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?
Comment: One commenter responded that the real question should be,
should professional engineers be allowed to ``certify'' products on an
ongoing basis and that the answer to this question should be no.
Another commenter agreed and stated that the terms ``listed'' and
``certified'' have a common definition in the Installation Standard
found at Sec. 3282.5. According to both commenters, listing agencies
are in the business of providing ongoing inspections to assure ongoing
quality, but engineers and architects are not. Engineers and architects
typically provide a service at one moment in time and do not provide
independent ongoing quality assurance surveillance of products.
``Follow-up investigation,'' as stated by HUD, is critical to help
assure ongoing quality of any building material or system including
ground anchors. This activity should be left to listing agencies or
third[hyphen]party follow[hyphen]up to ensure independent assurance of
ongoing quality of any building material or system. To preclude any
misunderstanding regarding, both commenters recommended that HUD remove
the phrase, ``or a registered professional engineer or registered
architect must certify'' from Sec. 3285.402. The phrase, according to
the commenters, is confusing and misleading and provides no assurance
whatsoever on ongoing quality.
Response: HUD agrees with the commenters. As a result, HUD has
revised Sec. 3285.402(a)(1) of the final rule to require on-going
surveillance by a nationally recognized laboratory since professional
engineers or architects do not typically offer these services.
IV. This Final Rule
The test methods for evaluating ground anchor assemblies and
reporting requirements remain unchanged from the proposed rule.
However, the final rule now requires that each ground anchor assembly
be subject to an on-going quality assurance surveillance program by a
nationally recognized third party testing agency following initial
certification by a registered professional engineer or architect. Based
on the public comments received, the final rule will also not require
that existing ground anchor assemblies be retested and certified and be
subject to the testing provisions of this part, provided that they have
been previously tested and those tests were certified by a professional
engineer or registered architect and the ground anchor has been listed
by a nationally recognized testing agency and the following conditions
are met and satisfied:
(i) A minimum of three tests meeting all requirements set by this
rule were conducted for each ground anchor assembly design;
(ii) Each of the ground anchor assembly designs tested must have
met or exceeded a working load of 3,150 pounds and sustained an
ultimate load of 4,725 pounds in the weakest soil classification for
which the anchors were tested and certified;
(iii) The soil in which the anchor was certified has been
classified by one of the methods indicated in Sec. 3285.202 and the
anchor is not listed for use in a weaker/higher soil classification
than tested and identified in the Table to Sec. 3285.202;
(iv) A test report was provided for each ground anchor assembly
design that identifies the soil classification in which the ground
anchor was tested and listed, and includes complete specifications and
dimensions for the ground anchor assembly;
(v) For each of the ground anchor assemblies tested, the maximum
deflection at 3,150 pounds did not exceed two inches vertically or
three inches horizontally;
(vi) For each of the ground anchor assemblies tested, the maximum
deflection at 4,725 pounds did not exceed two inches vertically or
three inches horizontally;
(vii) For the stabilizer plate test method, at least three tests
were performed at the minimum angle of pull to the horizontal specified
in the listing and the minimum angle of pull to the horizontal must
have been at least 30 degrees. Any existing ground anchor assembly
tests and certifications where the angle of pull was less than 30
degrees will need to be re-evaluated in accordance with Sec.
3285.402(b); and
(viii) For the stabilizer plate test method, the mimimum angle of
pull to the horizontal is specified in the listing.
The final rule requires determination of soil classification by the
test probe method at each testing site for which each anchor assembly
is being certified, and requires 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 4725 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 final 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 is 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 final rule requires the working load design value for each
installation
[[Page 53614]]
method and soil classification to be reported in the ground anchor
assembly listing or certification. The final rule also clarifies that
an anchor tested in a given soil classification is not approved for use
in a weaker or higher numbered soil classification (see Table to Sec.
3285.202). The test report required by the final rule includes all
conditions for each ground anchor assembly tested and 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).
V. Findings and Certifications
Paperwork Reduction Act
The information collection requirements contained in this final
rule are pending approved by OMB under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3520) and given OMB control number 2502-0578. In
accordance with the Paperwork Reduction Act, 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 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 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
Manufacture 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. At the proposed rule
stage, HUD conducted a material and labor cost impact analysis for this
rule. HUD determined that the potential cost impact of the rule would
be the costs associated with re-testing and listing or certifying
existing ground anchor assemblies in accordance with the proposed
testing methods. HUD estimated that the average per-home cost at the
proposed rule stage would be approximately $1.6 million annually ($2.00
per anchor multiplied by an average of 16 anchors per home multiplied
by 50,000 homes produced in a year). This included possible additional
costs that may be incurred for re-design of existing anchor assemblies
that may be needed to meet the testing requirements of the proposed
rule. Based on this estimate, HUD determined that these costs would not
represent a significant economic effect on either an industry-wide or
per-unit basis and concluded that the rule would not impose a
significant burden for a small business. As discussed in the preamble
of this final rule, HUD has decided not to require that existing ground
anchor assemblies be retested and certified as long as the anchor has
been previously tested and those tests were certified by a professional
engineer or registered architect. Based on public comment and meetings
with representatives of the manufactured home ground anchor industry,
HUD believes that most existing ground anchor products currently in use
meet these standards and will not have to be retested. This revision
significantly reduces the costs of the rule estimated at the proposed
rule stage. As a result, HUD continues to believe that this rule would
not impose a significant burden for small business. Therefore, the
undersigned certifies that this rule will not have a significant impact
on a substantial number of small entities.
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 amends
24 CFR parts 3285 and 3286 as follows:
PART 3285--MODEL MANUFACTURED HOME INSTALLATION STANDARDS
0
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.
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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) and a new appendix to Sec. 3285.402, to read as follows:
Sec. 3285.402 Ground anchor installations.
(a) Ground anchor certification and testing. (1) Each ground anchor
assembly must be manufactured and provided with installation
instructions, and must be labeled or otherwise identified and subject
to an on-going quality assurance surveillance program in accordance
with its listing or certification (see 24 CFR 3285.5) by a nationally
recognized testing laboratory.
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A registered professional engineer or architect must certify that each
ground anchor assembly is capable of resisting all loads in paragraph
(c) of this section based on the test methods in paragraph (b) of this
section for use in soil(s) classified in accordance with Sec.
3285.202.
(2) Each ground anchor assembly that has been listed prior to
November 10, 2014 is not subject to paragraph (b) of this section,
provided it has been previously tested in accordance with this
paragraph. A professional engineer or registered architect must have
certified the testing. The ground anchor must be listed by a nationally
recognized testing agency and the listing or certification includes or
has met all of the following requirements:
(i) A minimum of three tests meeting all of the requirements of
this section were conducted for each ground anchor assembly design;
(ii) Each of the ground anchor assembly designs tested must have
met or exceeded a working load of 3,150 pounds and sustained an
ultimate load of 4,725 pounds in the weakest soil classification for
which the anchors were tested and certified;
(iii) The soil in which the anchor was certified has been
classified by one of the methods indicated in Sec. 3285.202 of these
Standards and the anchor is not listed for use in a weaker/higher soil
classification than tested and identified in the Table to Sec.
3285.202;
(iv) A test report was provided for each ground anchor assembly
design that identifies the soil classification in which the ground
anchor was tested and listed and includes complete specifications and
dimensions for the ground anchor assembly;
(v) For each of the ground anchor assemblies tested, the maximum
deflection at 3,150 pounds did not exceed two inches vertically or
three inches horizontally;
(vi) For each of the ground anchor assemblies tested, the maximum
deflection at 4,725 pounds did not exceed two inches vertically or
three inches horizontally;
(vii) For the stabilizer plate test method, at least three tests
were performed at the minimum angle of pull to the horizontal specified
in the listing and the minimum angle of pull to the horizontal must
have been at least 30 degrees. Any existing ground anchor assembly
tests and certifications where the angle of pull was less than 30
degrees will need to be re-evaluated in accordance with paragraph (b)
of this section; and
(viii) For the stabilizer plate test method, the minimum angle of
pull to the horizontal is specified in the listing.
(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.
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.
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.
Working anchor load. The ultimate anchor load in pounds divided by
a factor of safety of 1.5.
(3) Determination of soil classification--(i) General description
of soil classification. The general description of soil classification
is to be determined in accordance with the methods specified in 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.
3282.202.
(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
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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.
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.
(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.
(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)(8)(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.
(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 (\3/
4\'') 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.
(E) The ground anchor is to be pre-tensioned 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 re-application of the 500-pound pre-tension force.
(F) The location of the ground anchor head is to be marked after it
is pre-tensioned 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 pre-tension 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 pre-tension 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 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
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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 pre-tensioned to 500 pounds.
(F) The location of the ground anchor head must be marked after it
is pre-tensioned 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 pre-tension 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 pre-tension 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 pre-tensioned 500 pounds.
(F) The location of the ground anchor head is to be marked after it
is pre-tensioned 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 pre-tension 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 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 pre-tension 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)
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.
(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 pre-tensioned
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 (2) in the vertical direction or 3 inches
(3) in the horizontal direction from its pre-tensioned
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 pre-tension 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) For each anchor specimen tested: For each load increment the
load in pounds and resultant displacements in inches in chart or graph
form.
(xi) The working load design value and ultimate anchor load
determined in accordance with paragraph (b)(10) of this section.
(xii) If required, a description of the stabilizer plate used in
each ground anchor assembly/stabilizer plate test, including the name
of the manufacturer.
(xiii) Angle(s) of pull for which the anchor has been tested.
(xiv) Embedment depth of the ground anchor assembly.
(xv) The application and orientation of the applied load.
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(xvi) A description of the mode and location of failure for each
ground anchor assembly tested.
(xvii) Name and signature of the nationally recognized testing
agency or registered professional engineer certifying the testing and
evaluation.
(xviii) 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) Soils 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) it is listed or
certified for use;
(C) Model number and its location on the anchor;
(D) Instructions for use, including pre-tensioning;
(E) Angle(s) of pull for which the anchor has been listed and
certified; and
(F) Manufacturer, size and type of stabilizer plate required.
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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 HOME INSTALLATION PROGRAM
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4. The authority citation for part 3286 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 5404, and 5424.
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5. Revise Sec. 3286.505(e) to read as follows:
Sec. 3286.505 Minimum elements to be inspected.
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(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.
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Dated: August 12, 2014.
Carol J. Galante,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. 2014-21431 Filed 9-9-14; 8:45 am]
BILLING CODE 4210-67-P