Model Manufactured Home Installation Standards: Ground Anchor Installations, 53609-53618 [2014-21431]
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Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Rules and Regulations
patients with dengue provides
epidemiologic information for
surveillance of circulating dengue
viruses.
FDA has identified the following risks
to health associated with this type of
53609
device and the measures required to
mitigate these risks:
TABLE 1—IDENTIFIED RISKS TO HEALTH AND MITIGATION MEASURES
Identified risks to health
Mitigation measures
A false positive test result for an individual may lead to unnecessary
treatment and possibly a less thorough laboratory evaluation for the
true cause of illness; a false positive result may lead to unnecessary
initiation of mosquito vector control measures.
Device description containing the information specified in the special
control guideline.
Performance characteristics.
Labeling.
Postmarket measures.
Device description containing the information specified in the special
control guideline.
Performance characteristics.
Labeling.
Postmarket measures.
Labeling.
A false negative test result may lead to inappropriate use of antibiotics
or a delay in treatment to prevent death due to dengue hemorrhagic
fever or dengue shock syndrome or a false negative result may lead
to delay in initiation of mosquito vector control measures.
An error in the interpretation of the results ..............................................
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FDA believes that the measures set
forth in the special controls guideline
entitled ‘‘Class II Special Controls
Guideline: Dengue Virus Nucleic Acid
Amplification Test Reagents’’ are
necessary, in addition to general
controls, to mitigate the risks to health
described in table 1.
Therefore, on May 24, 2012, FDA
issued an order to the petitioner
classifying dengue virus nucleic acid
amplification test reagents into class II.
FDA is codifying this device type by
adding § 866.3946.
II. 510(k) Premarket Notification
Following the effective date of this
final classification order, any firm
submitting a 510(k) premarket
notification for this device type will
need to comply with the special
controls.
Section 510(m) of the FD&C Act
provides that FDA may exempt a class
II device from the premarket notification
requirements under section 510(k) of the
FD&C Act if FDA determines that
premarket notification is not necessary
to provide reasonable assurance of the
safety and effectiveness of the device.
For this type of device, FDA has
determined that premarket notification
is necessary to provide reasonable
assurance of the safety and effectiveness
of the device. Therefore, this type of
device is not exempt from premarket
notification requirements. Persons who
intend to market this type of device
must submit to FDA a premarket
notification, prior to marketing the
device, which contains information
about the dengue virus nucleic acid
amplification test reagents they intend
to market.
III. Environmental Impact
The Agency has determined under 21
CFR 25.34(b) that this action is of type
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that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
IV. Paperwork Reduction Act of 1995
This final administrative order
establishes special controls that refer to
previously approved collections of
information found in other FDA
regulations. These collections of
information are subject to review by the
Office of Management and Budget
(OMB) under the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501–3520). The
collections of information in part 807,
subpart E, regarding premarket
notification submissions have been
approved under OMB control number
0910–0120; the collections of
information in 21 CFR part 820 have
been approved under OMB control
number 0910–0073; and the collections
of information in 21 CFR part 801 and
21 CFR 809.10 have been approved
under OMB control number 0910–0485.
List of Subjects in 21 CFR Part 866
§ 866.3946 Dengue virus nucleic acid
amplification test reagents.
(a) Identification. Dengue virus
nucleic acid amplification test reagents
are devices that consist of primers,
probes, enzymes, and controls for the
amplification and detection of dengue
virus serotypes 1, 2, 3, or 4 from viral
ribonucleic acid (RNA) in human serum
and plasma from individuals who have
signs and symptoms consistent with
dengue (mild or severe). The
identification of dengue virus serotypes
1, 2, 3, or 4 in human serum and plasma
(sodium citrate) collected from human
patients with dengue provides
epidemiologic information for
surveillance of circulating dengue
viruses.
(b) Classification. Class II (special
controls). The special control is FDA’s
guideline entitled ‘‘Class II Special
Controls Guideline: Dengue Virus
Nucleic Acid Amplification Test
Reagents.’’ For availability of the
guideline document, see § 866.1(e).
Dated: September 4, 2014.
Leslie Kux,
Assistant Commissioner for Policy.
Biologics, Laboratories, Medical
devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 866 is
amended as follows:
[FR Doc. 2014–21479 Filed 9–9–14; 8:45 am]
PART 866—IMMUNOLOGY AND
MICROBIOLOGY DEVICES
[Docket No. FR–5631–F–02]
1. The authority citation for 21 CFR
part 866 continues to read as follows:
Model Manufactured Home Installation
Standards: Ground Anchor
Installations
■
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. Section 866.3946 is added to
subpart D to read as follows:
■
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BILLING CODE 4164–01–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 3285 and 3286
RIN 2502–AJ15
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
AGENCY:
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ACTION:
Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Rules and Regulations
Final rule.
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.
SUMMARY:
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 tollfree number). Persons with hearing or
speech impairments may access this
number through TTY by calling the tollfree Federal Relay Service at 800–877–
8339.
SUPPLEMENTARY INFORMATION:
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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.
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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
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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
§ 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,
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Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Rules and Regulations
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,
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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.
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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
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Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Rules and Regulations
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.
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
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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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
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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 § 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 § 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
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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 § 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.
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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-party follow-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 § 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 § 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 ongoing 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 § 3285.202 and
the anchor is not listed for use in a
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weaker/higher soil classification than
tested and identified in the Table to
§ 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 § 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 × 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
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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
§ 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.
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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
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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
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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
1. The authority citation for part 3285
continues to read as follows:
■
Authority: 42 U.S.C. 3535(d), 5403, 5404,
and 5424.
2. In § 3285.5, add a new definition for
Site in alphabetical order to read as
follows:
■
§ 3285.5
Definitions.
*
*
*
*
*
Site. An area of land upon which a
manufactured home is installed.
*
*
*
*
*
■ 3. In § 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 § 3285.402, to read as
follows:
§ 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
§ 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 § 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 § 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
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(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.
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(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
§ 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 § 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.
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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 × 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
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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
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angle to the test site ground surface for
which the anchor is being evaluated.
(E) The ground anchor is to be pretensioned to 500 pounds so that the
anchor shaft contacts the stabilizer
plate. If the anchor shaft does not come
into contact with the stabilizer plate an
anchor setting load not to exceed 1,000
pounds is permitted to be applied and
then released prior to re-application of
the 500-pound pre-tension force.
(F) The location of the ground anchor
head is to be marked after it is pretensioned for measuring subsequent
movement under test loading.
(G) Increase the load throughout the
test. The recommended rate of load
application must be such that the
loading to not less than 4725 pounds is
reached in not less than 2 minutes from
the time the 500 pound 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 pretensioned to 500 pounds.
(F) The location of the ground anchor
head must be marked after it is pretensioned for measuring subsequent
movement under test loading.
(G) Increase the load throughout the
test. The recommended rate of load
application shall be such that the
loading to not less than 4725 pounds is
reached in not less than 2 minutes from
the time the 500 pound 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.
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(E) The ground anchor shall be pretensioned 500 pounds.
(F) The location of the ground anchor
head is to be marked after it is pretensioned for measuring subsequent
movement under test loading.
(G) Increase the load throughout the
test. The recommended rate of load
application must be such that the
loading to not less than 4725 pounds is
reached in not less than 2 minutes from
the time the 500 pound 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
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53617
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.
E:\FR\FM\10SER1.SGM
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53618
Federal Register / Vol. 79, No. 175 / Wednesday, September 10, 2014 / Rules and Regulations
(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 pretensioning;
(E) Angle(s) of pull for which the
anchor has been listed and certified; and
(F) Manufacturer, size and type of
stabilizer plate required.
*
*
*
*
*
■
Appendix to § 3285.402
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
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
4. The authority citation for part 3286
continues to read as follows:
■
Authority: 42 U.S.C. 3535(d), 5404, and
5424.
VerDate Mar<15>2010
16:14 Sep 09, 2014
Jkt 232001
5. Revise § 3286.505(e) to read as
follows:
§ 3286.505 Minimum elements to be
inspected.
*
*
*
*
*
(e) Anchorage including verification
that the ground anchors have been
installed in accordance with the
manufacturer’s instructions, in a soil
classification permitted by the anchor
listing or certification, with the required
size and type of stabilizer plate, if
required by the listing or certification,
and at an orientation and angle of pull
permitted by its listing or certification.
*
*
*
*
*
Dated: 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
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2014–0002; Internal
Agency Docket No. FEMA–8349]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP) that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
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Fmt 4700
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listed in the third column of the
following tables.
If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646–2953.
SUPPLEMENTARY INFORMATION: The NFIP
enables property owners to purchase
Federal flood insurance that is not
otherwise generally available from
private insurers. In return, communities
agree to adopt and administer local
floodplain management measures aimed
at protecting lives and new construction
from future flooding. Section 1315 of
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits the sale of NFIP flood
insurance unless an appropriate public
body adopts adequate floodplain
management measures with effective
enforcement measures. The
communities listed in this document no
longer meet that statutory requirement
for compliance with program
regulations, 44 CFR Part 59.
Accordingly, the communities will be
suspended on the effective date in the
third column. As of that date, flood
insurance will no longer be available in
the community. We recognize that some
of these communities may adopt and
submit the required documentation of
legally enforceable floodplain
management measures after this rule is
published but prior to the actual
suspension date. These communities
will not be suspended and will continue
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
suspension of such communities will be
published in the Federal Register.
In addition, FEMA publishes a Flood
Insurance Rate Map (FIRM) that
identifies the Special Flood Hazard
Areas (SFHAs) in these communities.
The date of the FIRM, if one has been
published, is indicated in the fourth
column of the table. No direct Federal
financial assistance (except assistance
pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act not in connection with a
flood) may be provided for construction
or acquisition of buildings in identified
SFHAs for communities not
participating in the NFIP and identified
for more than a year on FEMA’s initial
FIRM for the community as having
flood-prone areas (section 202(a) of the
Flood Disaster Protection Act of 1973,
42 U.S.C. 4106(a), as amended). This
prohibition against certain types of
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\10SER1.SGM
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Agencies
[Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)]
[Rules and Regulations]
[Pages 53609-53618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21431]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
* * * * *
0
3. In Sec. 3285.402 revise paragraph (a), redesignate paragraphs (b)
and (c) as paragraphs (c) and (d), respectively, and add a new
paragraph (b) 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.
[[Page 53615]]
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
[[Page 53616]]
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
[[Page 53617]]
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.
[[Page 53618]]
(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.
* * * * *
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
0
4. The authority citation for part 3286 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 5404, and 5424.
0
5. Revise Sec. 3286.505(e) to read as follows:
Sec. 3286.505 Minimum elements to be inspected.
* * * * *
(e) Anchorage including verification that the ground anchors have
been installed in accordance with the manufacturer's instructions, in a
soil classification permitted by the anchor listing or certification,
with the required size and type of stabilizer plate, if required by the
listing or certification, and at an orientation and angle of pull
permitted by its listing or certification.
* * * * *
Dated: 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