Proposed Rule2021-27897
Substantial Product Hazard List: Window Covering Cords
Primary source
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Published
January 7, 2022
Issuing agencies
Consumer Product Safety Commission
Abstract
To address the risk of strangulation to young children associated with certain window covering cords, the Consumer Product Safety Commission (CPSC) is proposing a rule to deem that one or more of the following readily observable characteristics of window coverings present a substantial product hazard (SPH) under the Consumer Product Safety Act (CPSA): The presence of hazardous operating cords on stock window coverings, the presence of hazardous inner cords on stock and custom window coverings, or the absence of a manufacturer label on stock and custom window coverings. The proposed rule would amend the Substantial Product Hazard List, which lists products that the Commission has determined present an SPH if the products have or lack specified characteristics that are readily observable, the hazards have been addressed by a voluntary standard, the voluntary standard has been effective in reducing the risk of injury associated with the product, and the products substantially comply with the voluntary standard.
Full Text
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<title>Federal Register, Volume 87 Issue 5 (Friday, January 7, 2022)</title>
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[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Proposed Rules]
[Pages 891-913]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27897]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1120
[CPSC Docket No. CPSC-2021-0038]
Substantial Product Hazard List: Window Covering Cords
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: To address the risk of strangulation to young children
associated with certain window covering cords, the Consumer Product
Safety Commission (CPSC) is proposing a rule to deem that one or more
of the following readily observable characteristics of window coverings
present a substantial product hazard (SPH) under the Consumer Product
Safety Act (CPSA): The presence of hazardous operating cords on stock
window coverings, the presence of hazardous inner cords on stock and
custom window coverings, or the absence of a manufacturer label on
stock and custom window coverings. The proposed rule would amend the
Substantial Product Hazard List, which lists products that the
Commission has determined present an SPH if the products have or lack
specified characteristics that are readily observable, the hazards have
been addressed by a voluntary standard, the voluntary standard has been
effective in reducing the risk of injury associated with the product,
and the products substantially comply with the voluntary standard.
DATES: Written comments must be received by March 23, 2022.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2021-
0038, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments. CPSC typically does not accept
comments submitted by electronic mail (email), except through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. CPSC encourages you to submit electronic comments
by using the Federal eRulemaking Portal, as described above.
Mail/Hand Delivery/Courier Written Submissions: Submit comments by
mail/hand delivery/courier to: Division of the Secretariat, Consumer
Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814;
telephone: (301) 504-7479. Alternatively, as a temporary option during
the COVID-19 pandemic, you can email such submissions to: <a href="/cdn-cgi/l/email-protection#4427343727692b3704273437276a232b32"><span class="__cf_email__" data-cfemail="7f1c0f0c1c52100c3f1c0f0c1c51181009">[email protected]</span></a>.
Instructions: All submissions must include the agency name and
docket number for this notice. CPSC may post all comments without
change, including any personal identifiers, contact information, or
other personal information provided, to: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Do not submit electronically: Confidential business information, trade
secret information, or other sensitive or protected information that
you do not want to be available to the public. If you wish to submit
such information, please submit it according to the instructions for
mail/hand delivery/courier written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and insert the
docket number, CPSC-2021-0038, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Rana Balci-Sinha, Director, Division
of Human Factors, Directorate for Engineering Sciences, Office of
Hazard Identification and Reduction, Consumer Product Safety
Commission, National Product Testing and Evaluation Center, 5 Research
Place, Rockville, MD 20850; telephone: 301-987-2584;
<a href="/cdn-cgi/l/email-protection#ff8d9d9e939c968c9691979ebf9c8f8c9cd1989089"><span class="__cf_email__" data-cfemail="6b19090a070802180205030a2b081b1808450c041d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Overview of the Proposed Rule
The purpose of the proposed rule is to address the risk of
strangulation to children 8 years old and younger associated with
hazardous cords on window coverings.\1\ The Commission issues this
notice of proposed rulemaking (NPR) under section 15(j) of the CPSA, 15
U.S.C. 2064(j), to amend the substantial product hazard list in 16 CFR
part 1120 (part 1120). The NPR proposes to deem the presence of
hazardous window covering cords on stock and custom window coverings,
which have been adequately addressed by the voluntary standard for
window coverings, ANSI/WCMA A100.1-2018, American National Standard for
Safety of Corded Window Covering Products (ANSI/WCMA-2018), as an SPH,
as defined in section 15(a)(2) of the CPSA. This NPR is based on
information and analysis contained in CPSC staff's September 29, 2021,
Staff Briefing Package: Notice of Proposed Rulemaking for Corded Window
Coverings (Staff's NPR Briefing Package), available at: <a href="https://www.cpsc.gov/s3fs-public/NPRs-Add-Window-Covering-Cords-to-Substantial-Product-Hazard-List-Establish-Safety-Standard-for-Operating-Cords-on-Custom-Window-Coverings-updated-10-29-2021.pdf?VersionId=HIM05bK3WDLRZrlNGogQLknhFvhtx3PD">https://www.cpsc.gov/s3fs-public/NPRs-Add-Window-Covering-Cords-to-Substantial-Product-Hazard-List-Establish-Safety-Standard-for-Operating-Cords-on-Custom-Window-Coverings-updated-10-29-2021.pdf?VersionId=HIM05bK3WDLRZrlNGogQLknhFvhtx3PD</a>.
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\1\ On December 14, 2021, the Commission voted 4-0 to issue this
notice of proposed rulemaking. Commissioner Feldman issued a
statement in connection with his vote.
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[[Page 892]]
The NPR proposes to deem three readily observable characteristics
of stock window coverings an SPH:
(1) Presence of hazardous operating cords;
(2) presence of hazardous inner cords; and
(3) absence of a required manufacturer label.
Additionally, the NPR would deem two readily observable
characteristics of custom window coverings an SPH:
(1) Presence of hazardous inner cords; and
(2) absence of a required manufacturer label.
The Commission is addressing the presence of hazardous operating cords
on custom window coverings under a separate, concurrent rulemaking
pursuant to sections 7 and 9 of the CPSA, because the ANSI/WCMA-2018
standard does not adequately address this hazard. See CPSC Docket No.
CPSC-2013-0028.
As detailed in this notice, the Commission determines preliminarily
that:
<bullet> The following are readily observable characteristics of
window coverings: (a) The presence of hazardous operating cords on
stock window coverings (accessible operating cords longer than 8 inches
in any use position); (b) the presence of hazardous inner cords on
stock and custom window coverings (accessible inner cords that create a
loop large enough to insert a child's head); and (c) the absence of a
required manufacturer label on stock and custom window coverings;
<bullet> the identified readily observable characteristics are
adequately addressed by a voluntary standard, sections 4.3.1, 4.5, 5.3,
6.3, 6.7, and Appendices C and D of ANSI/WCMA-2018;
<bullet> window coverings that conform to sections 4.3.1, 4.5, 5.3,
6.3, 6.7, and Appendices C and D of ANSI/WCMA-2018 regarding the
identified characteristics have been effective in reducing the risk of
injury from strangulation associated with operating cords on stock
window coverings, and inner cords on stock and custom window coverings.
Additionally, the required manufacturer label effectively distinguishes
between stock and custom window coverings, and expedites timely and
effective recalls, by requiring identification of the manufacturer name
and manufacture date on the product; and
<bullet> stock and custom window coverings manufactured or imported
for sale in the United States substantially comply with the specified
characteristics in sections 4.3.1, 4.5, 5.3, 6.3, 6.7, and Appendices C
and D of ANSI/WCMA-2018.
B. Background and Statutory Authority
Section 223 of the Consumer Product Safety Improvement Act of 2008
(CPSIA) amended section 15 of the CPSA, 15 U.S.C. 2064, to add a new
subsection (j). Section 15(j) of the CPSA authorizes the Commission to
specify, by rule, for any consumer product or class of consumer
products, characteristics whose existence or absence are deemed a
substantial product hazard under section 15(a)(2) of the CPSA. 15
U.S.C. 2064(j). Section 15(a)(2) of the CPSA defines a ``substantial
product hazard,'' in relevant part, as a product defect which (because
of the pattern of defect, the number of defective products distributed
in commerce, the severity of the risk, or otherwise) creates a
substantial risk of injury to the public. For the Commission to issue a
rule under section 15(j) of the CPSA, the characteristics involved must
be ``readily observable'' and have been addressed by a voluntary
standard. Moreover, the voluntary standard must be effective in
reducing the risk of injury associated with the consumer products; and
products subject to the voluntary standard must substantially comply
with the voluntary standard. Id.
The Commission has issued four previous final rules under section
15(j) of the CPSA, codified in 16 CFR part 1120, involving: (a)
Drawstrings on children's upper outerwear (76 FR 42502, July 19, 2011)
(drawstring rule), (b) integral immersion protection on handheld hair
dryers (76 FR 37636, June 28, 2011) (hair dryer rule), (c) minimum wire
size, sufficient strain relief, and overcurrent protection on seasonal
and decorative lighting products (holiday lights rule) (80 FR 25216,
May 4, 2015); and (d) minimum wire size, sufficient strain relief,
proper polarity, proper continuity, outlet covers (on 2-wire indoor
cords), and jacketed cords (on outdoor cords) (extension cord rule) (80
FR 44262, July 27, 2015).
In each of the four previous rules issued under section 15(j) of
the CPSA, the Commission determined the relevant ``readily observable''
characteristics by considering each of the products on a case-by-case
basis. For example, in the proposed drawstring rule (75 FR 27497,
27499, May 17, 2010), the Commission found that the requirements
detailed in the relevant voluntary standard could be evaluated with
``simple manipulations of the garment, simple measurements of portions
of the garments, and unimpeded visual observation.'' The Commission
stated: ``more complicated or difficult actions to determine the
presence or absence of defined product characteristics also may be
consistent with `readily observable.' '' The Commission stated its
intent to evaluate ``readily observable'' characteristics on a case-by-
case basis. 75 FR at 27499.
As explained in more detail in section II.A of this preamble, the
``readily observable'' characteristics of window covering cords are
consistent with the types of observation and measurement found to be
``readily observable'' in the Commission's prior rules under section
15(j). The ``readily observable'' characteristics of window coverings
include visual observation for the presence of operating and inner
cords, and a manufacturer label; and when cords are present, simple
manipulations and observation of the window covering to assess cord
accessibility by children, and to measure the length of accessible
cords to determine whether they present a strangulation hazard.
C. Product Description
Window coverings comprise a wide range of products, including
shades, blinds, curtains, and draperies. Generally, the industry
considers blinds as ``hard'' window coverings, composed of slats or
vanes, and considers shades as ``soft'' window coverings, composed of a
continuous roll of material. Both blinds and shades may have inner
cords that distribute forces to cause a motion, such as raising,
lowering, or rotating the window covering to achieve a consumer's
desired level of light control. Manufacturers use inner cords on window
coverings to open and close blinds and shades, using a variety of
mechanisms, including traditional operating cords, motors, or direct-
lift of the bottom rail of the product, to manipulate inner cords.
Curtains and draperies do not contain inner cords, but consumers can
operate curtains and drapes using a continuous loop operating cord or a
wand.
A cord or loop used by consumers to manipulate a window covering is
called an ``operating cord'' and may be in the form of a single cord,
multiple cords, or continuous loops. ``Cordless'' window coverings are
products designed to function without an operating cord, but they may
contain inner cords. Figures 1 through 6 explain window covering
terminology and show examples of different types of window coverings.
BILLING CODE 6355-01-P
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Figure 1 shows a horizontal blind containing inner cords, operating
cords, and tilt cords. Figure 2 shows a roll-up shade containing
lifting loops and operating cords. Figure 3 shows a cellular shade with
inner cords between two layers of fabric and operating cords. Figure 4
shows a vertical blind with a looped operating cord to traverse the
blind and a looped bead chain to tilt the vanes. Figure 5 shows a Roman
shade with inner cords that run on the back side of the shade and
operating cords. Figure 6 is a horizontal blind that is marketed as
``cordless'' because it has no operating cords, but it still contains
inner cords.
This NPR relies on the definitions of window coverings and their
features as set forth in the ANSI/WCMA-2018 standard, which requires
``stock'' and ``custom'' window coverings to meet different sets of
requirements. For the NPR, the definition of a ``stock window
covering'' relies on the definition of ``Stock Blinds, Shades, and
Shadings'' in section 3, definition 5.02 of ANSI/WCMA-2018, describing
them as completely or substantially fabricated product prior to being
distributed in commerce and as a specific stock-keeping unit (SKU).
Even when the seller, manufacturer, or distributor modifies a pre-
assembled product, by adjusting to size, attaching the top rail or
bottom rail, or tying cords to secure the bottom rail, the product is
still considered ``stock'' as defined in the voluntary standard.
Moreover, under the voluntary standard, online sales of a window
covering, or the size of the order, such as multifamily housing orders,
do not make the product a non-stock product. ANSI/WCMA-2018 provides
these examples to clarify that, as long as the product is
``substantially fabricated,'' subsequent changes to the product do not
change its categorization from ``stock'' to ``custom.'' The NPR defines
a ``custom window covering'' the same as the definition of ``Custom
Blinds, Shades, and Shadings'' in section 3, definition 5.01 of the
ANSI/WCMA-2018 standard, which is any window covering that is not
classified as a stock window covering.
D. Hazards Associated With Window Covering Cords
Window coverings, depending on the type of accessible cords,
including operating cords (meaning pull cords and continuous loop
cords), inner cords, and lifting loops, can pose strangulation hazards
to children when they are accessible and long enough to wrap around a
child's neck. Figures 7, 8, and 9, below, depict the strangulation
hazard for different window covering cord types.
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[GRAPHIC] [TIFF OMITTED] TP07JA22.006
BILLING CODE 6355-01-C
Children can strangle from mechanical compression of the neck when
they place a window covering cord around their neck. Strangulation due
to mechanical compression of the neck is a complex process resulting
from multiple mechanisms and pathways that involve both obstruction of
the airway passage and occlusion of blood vessels in the neck.
Strangulation can lead to serious injuries with permanent debilitating
outcomes or death. If sustained lateral pressure occurs at a level
resulting in vascular occlusion, strangulation can occur when a child's
head or neck becomes entangled in any position, even in situations
where the body is fully or partially supported.
Strangulation is a form of asphyxia that can be partial (hypoxia),
when there is an inadequate oxygen supply to the lungs, or total, when
there is complete impairment of oxygen transport to tissues. A
reduction in the delivery of oxygen to tissues can result in permanent,
irreversible damage. Experimental studies show that only 2 kg (4.4
lbs.) of pressure on the neck may occlude the jugular vein (Brouardel,
1897); and 3-5 kg (7-11 lbs.) may occlude the common carotid arteries
(Brouardel, 1897 and Polson, 1973). Minimal compression of any of these
vessels can lead to unconsciousness
[[Page 896]]
within 15 seconds and death in 2 to 3 minutes, (Digeronimo and Mayes,
1994; Hoff, 1978; lserson, 1984; Polson, 1973).
The vagus nerve is also located in the neck near the jugular vein
and carotid artery. The vagus nerve is responsible for maintaining a
constant heart rate. Compression of the vagus nerve can result in
cardiac arrest due to mechanical stimulation of the carotid sinus-vagal
reflex. In addition, the functioning of the carotid sinuses may be
affected by compression of the blood vessels. Stimulation of the
sinuses can result in a decrease in heart rate, myocardial
contractility, cardiac output, and systemic arterial pressure in the
absence of airway blockage.
Strangulation proceeding along one or more of these pathways can
progress rapidly to anoxia, associated cardiac arrest, and death. As
seen in the CPSC data (Wanna-Nakamura, 2014), and in the published
literature, neurological damage may range from amnesia to a long-term
vegetative state. Continued deterioration of the nervous system can
lead to death (Howell and Gully, 1996; Medalia et al., 1991).
Based on the CPSC staff's review of the incidents in section I.E of
this preamble and Tab A of Staff's NPR Briefing Package, 16 of the 194
victims required hospitalization, and six survived a hypoxic-ischemic
episode, or were pulseless and in full cardiac arrest when found,
suffered severe neurological sequalae, ranging from loss of memory to a
long-term or permanent vegetative state requiring tracheotomy and
gastrointestinal tube feeding. One victim who remained hospitalized for
72 days was released from the hospital with 75 percent permanent brain
damage and is now confined to a bed.
Because a preexisting loop acts as a noose when a child's neck is
inserted, and death can occur within minutes of a child losing footing,
CPSC staff concluded that head insertion into a preexisting loop poses
a higher risk of injury than when a cord is wrapped around a child's
neck; although both scenarios have been demonstrated to be hazardous
and have led to fatal outcomes, according to CPSC data.
CPSC staff further advises that reliance on parental supervision
and warning labels are inadequate to address the risk of injury
associated with window covering cords. A user research study found that
caregivers lacked awareness regarding the potential for window covering
cord entanglement, lacked awareness of the speed and mechanism of the
strangulation injury; stated difficulty using and installing safety
devices for window coverings, among the primary reasons for not using
them; and caregivers were unable to recognize the purpose of the safety
devices provided with window coverings (Levi et al., 2016).\2\
According to Godfrey et al. (1983), consumers are less likely to look
for and read safety information about the products that they frequently
use and are familiar with. Consumers are very likely to have high
familiarity with window coverings because they almost certainly have
window coverings in their homes and probably use them daily. Therefore,
even well-designed warning labels will have limited effectiveness in
communicating the hazard on this type of product.
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\2\ <a href="https://cpsc.gov/s3fs-public/Window%20Coverings%20Safety%20Devices%20Contractor%20Reports.pdf">https://cpsc.gov/s3fs-public/Window%20Coverings%20Safety%20Devices%20Contractor%20Reports.pdf</a>.
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Based on the foregoing, the Commission states that warning labels,
alone, are unlikely to effectively reduce the strangulation risk from
hazardous cords on window coverings, because consumers are not likely
to read and follow warning labels on window covering products, and
strangulation deaths among children occur quickly and silently, such
that parental supervision is insufficient to address the incidents.
Indeed, staff observed that most of the incident window covering units
had the permanent warning label required by the ANSI/WCMA standard,
applicable at the time of manufacture, affixed to the product. Even
well-designed warning labels will have limited effectiveness in
communicating the hazard on this type of product, because consumers are
less likely to heed warnings for familiar products that they commonly
interact with without incident.
In contrast, stock window covering requirements in the ANSI/WCMA
standard adequately address the strangulation hazard, by not allowing
hazardous cords on the product, by design, and do not rely on consumer
action to address the risk. Accordingly, the risk of injury associated
with window coverings must be addressed through performance
requirements for window covering cords.
As discussed in section II of this preamble, ANSI/WCMA-2018
contains performance requirements which, when products conform,
adequately and effectively address the risk of strangulation associated
with operating cords on stock products, and inner cords on both stock
and custom products.
E. Risk of Injury
The Commission's 2015 advance notice of proposed rulemaking (ANPR)
on Window Coverings presented incident data covering the period from
1996 through 2012. 80 FR 2327, 2332 (Jan. 16, 2015). Since then, WCMA
published the revised voluntary standard for window coverings, ANSI/
WCMA-2018. For products that comply, the standard has removed hazardous
operating/pull cords and inner cords for stock window coverings, and
removed hazardous inner cords for custom window coverings.
To study the effectiveness and any lack of compliance with the
voluntary standard associated with window covering cords, CPSC staff
reviewed the data related to these products from 2009 through 2020.\3\
Some of the data sources relied upon in this analysis do not yet have
data for 2020 available; for those sources, staff included data for the
latest available year, 2019. The following analysis distinguishes
between stock and custom window coverings, whenever feasible. National
estimates of deaths and injuries involving window covering
strangulations among children under 5 years of age are associated with
all types of window coverings, because the available information does
not allow CPSC staff to distinguish product subtypes.
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\3\ CPSC's incident search focused on fatal and near-miss
strangulations suffered by young children due to window covering
cords. Whenever feasible, staff selected the time frame to be 2009
through 2020. CPSC staff searched three databases for identification
of window covering cord incidents: The Consumer Product Safety Risk
Management System (CPSRMS), the National Electronic Injury
Surveillance System (NEISS), and the Multiple Cause of Deaths data
file. The first two sources are CPSC-maintained databases. The
Multiple Cause of Deaths data file is available from the National
Center for Health Statistics (NCHS).
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1. Incident Data From CPSC Databases
Based on newspaper clippings, consumer complaints, death
certificates purchased from states, medical examiners' reports, reports
from hospital emergency department-treated injuries, and in-depth
investigation reports, CPSC staff found a total of 194 reported fatal
and near-miss strangulations on window covering cords that occurred
among children 8 years old and younger from January 2009 through
December 2020. These 194 incidents do not constitute a statistical
sample of known probability and do not necessarily include all window
covering cord-related strangulation incidents that occurred during that
period. However, these 194 incidents do provide at least a minimum
number for such incidents during that time frame.
Table 1a provides the breakdown of the incidents by year. Because
reporting is ongoing, the number of incidents
[[Page 897]]
presented here may change in the future. Given that these reports are
anecdotal, and reporting is incomplete, CPSC strongly discourages
drawing any inferences based on the year-to-year increase or decrease
shown in the reported data.
Table 1a--Reported Fatal and Near-Miss Strangulation Incidents Involving Window Covering Cords Among Children
Eight Years and Younger 2009-2020
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Number of reported incidents
--------------------------------------------------
Incident year Fatal Near-miss
Total strangulations strangulations
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2009......................................................... 48 14 34
2010......................................................... 31 11 20
2011......................................................... 10 6 4
2012......................................................... 17 8 9
2013......................................................... 9 2 7
2014......................................................... 17 12 5
2015......................................................... 9 7 2
2016......................................................... 17 13 4
2017......................................................... 9 5 4
2018......................................................... 8 4 4
2019 *....................................................... 11 4 7
2020 *....................................................... 8 3 5
--------------------------------------------------
Total.................................................... 194 89 105
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Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: * indicates data collection is ongoing.
Table 1b expands on Table 1a to display the distribution of the
annual incidents by severity of incidents and type of window coverings
involved. CPSC staff identified 50 of 194 incident window coverings (26
percent) to be stock products, and 35 of the 194 (18 percent) window
coverings as custom products. CPSC staff could not identify the window
covering type in the remaining 109 of the 194 (56 percent) incidents.
Table 1b--Reported Fatal and Near-Miss Strangulation Incidents Involving Stock/Custom/Unknown Types of Window
Covering Cords Among Children Eight Years and Younger 2009-2020
----------------------------------------------------------------------------------------------------------------
Reported incidents by window covering type
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Incident year Stock (fatal/ Custom (fatal/ Unknown (fatal/
nonfatal) nonfatal) nonfatal) All
----------------------------------------------------------------------------------------------------------------
2009............................................ 20 (4/16) 7 (2/5) 21 (8/13) 48
2010............................................ 10 (3/7) 7 (2/5) 14 (6/8) 31
2011............................................ 2 (1/1) 4 (3/1) 4 (2/2) 10
2012............................................ 1 (1/0) 5 (1/4) 11 (6/5) 17
2013............................................ 2 (1/1) 3 (1/2) 4 (0/4) 9
2014............................................ 3 (2/1) 2 (1/1) 12 (9/3) 17
2015............................................ 4 (4/0) 1 (1/0) 4 (2/2) 9
2016............................................ 5 (3/2) 4 (3/1) 8 (7/1) 17
2017............................................ 2 (1/1) 1 (0/1) 6 (4/2) 9
2018............................................ .............. 1 (0/1) 7 (4/3) 8
2019 *.......................................... 1(0/1) .............. 10 (4/6) 11
2020 *.......................................... .............. .............. 8 (3/5) 8
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Total....................................... 50 (20/30) 35 (14/21) 109 (55/54) 194
----------------------------------------------------------------------------------------------------------------
Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: * indicates data collection is ongoing.
Eighty-nine of the 194 incidents (46 percent) reported a fatality.
Among the nonfatal incidents, 15 involved hospitalizations (8 percent).
The long-term outcomes of these 15 injuries varied from a scar around
the neck, to quadriplegia, to permanent brain damage. One additional
child was treated and transferred to another hospital; the final
outcome of this patient is unknown. In addition, 75 incidents (39
percent) involved less-severe injuries, some requiring medical
treatment, but not hospitalization. In the remaining 14 incidents (7
percent), a child became entangled in a window covering cord, but was
able to disentangle from the cord and escape injury. Overall, among the
incidents with gender information available, 66 percent of the children
were males, and 34 percent were females. One incident did not report
the child's gender.
(a) Incident Breakdown--Stock and Custom Window Coverings
CPSC staff definitively identified 50 of the 194 incidents that
involved stock window coverings in the period 2009 through 2020. Of the
50 incidents, 64 percent involved horizontal blinds, 28 percent
involved Roman shades, 4 percent involved roller shades, and 2 percent
involved roll-up shades and vertical blinds.
[[Page 898]]
CPSC staff definitively identified 35 of the 194 incidents that
involved custom window coverings. Of the 35 incidents, 51 percent
involved horizontal blinds, 17 percent involved Roman shades, and 9
percent involved roller shades. Other shades, such as cellular and
pleated shades, together accounted for 11 percent of the custom window
covering incidents. Six percent of the incidents involved vertical
blinds. For the remaining 6 percent of the incidents involving custom
products, staff did not have sufficient information to determine the
type of window covering.
For the majority of the reported incidents (109 out of 194), CPSC
staff did not have enough information available to determine if the
window covering was stock or custom product. Among these reported
incidents, 32 percent involved horizontal blinds; 7 percent involved
vertical blinds; 5 percent involved roll-up shades; roller shades and
Roman shades were each involved in 4 percent of the incidents; and
draperies and other shades (pleated/cellular) were each involved in 3
percent of the incidents. For a large proportion, 43 percent, CPSC
staff could not determine the type of window covering based on the
available data.
(b) Most Common Cord Types and Associated Hazards Resulting in
Fatalities
Whether considering stock, custom, or unknown-if-stock-or-custom
products, CPSC staff found that the pull/operating cord system is the
single-most hazardous scenario among the reported fatal incidents.
Thirty-nine of the 89 (44 percent) fatalities involved a child getting
entangled in such pull cords; continuous loops were next, with 23 of
the 89 (26 percent) fatalities. Inner cords ranked next, accounting for
7 of the 89 (8 percent) fatalities.
(i) Pull Cords: In 37 of the 39 known pull cord fatalities, the
pull cords were components of horizontal blinds. Of these 39 deaths, 38
occurred before the effective date of the 2018 revised ANSI/WCMA
standard affecting stock products. Although reporting is ongoing, so
far, one fatality has been reported in 2019, but none in 2020. Among
the 39 fatalities, CPSC staff identified 7 incidents involving custom
products, and 12 identified as stock products; staff could not
differentiate the remaining 20 incidents' window coverings vis-
[agrave]-vis their stock-versus-custom status. However, staff assesses
that any effects of the 2018 voluntary standard on these products are
not yet reflected in the data. A closer look at pull cord-related
incidents reveals several ways in which children have strangled.
<bullet> Loops created by knotted or tangled cord: CPSC staff's
incident review revealed that prior to the incidents, the pull cords
had been tied together, or had been coiled and tucked away (out of
children's reach), but later became accessible. When pull cords were
tied together, a loop was created above the knot where the cords were
tied, and that is where the child later became entangled. When the
cords were coiled, the cords also became tangled and created a loop,
which later acted as a noose. Among all 39 pull cord-related fatal
incidents, 18 out of 39 (46 percent) occurred on loops created by
knotted or tangled cords.
<bullet> One or more long cords that the child wrapped around their
neck: In these scenarios, the child had wrapped the long pull cord(s)
around the neck multiple times. When the child fell, or tried to pull
away from the window covering, the cord pulled back, causing the child
to strangle or nearly strangle. Among all pull cord-related fatal
incidents, this category included 11 of the 39 (28 percent) pull cord
fatalities.
<bullet> Loop above a single tassel or a stop ball of the cord:
Some pull cords consist of multiple cords that hang from the window
covering's head rail and that are joined at a point by a plastic or
wooden tassel, or by a stop ball. In such configurations, a loop exists
above the tassel. In the cases reviewed, CPSC staff determined that
these loops, when accessible to a child, acted as a noose where the
child was caught. Four of the 39 (10 percent) pull cord-related fatal
incidents involved this scenario.
<bullet> Pull cord tied to an object: CPSC staff determined that in
one of the 39 (3 percent) pull cord-related fatal incidents, pull cords
were tied to a cord cleat, creating a u-shape on the cords where the
child strangled.
<bullet> Unknown manner: Five of the 39 (13 percent) pull cord-
related fatal incidents did not report sufficient information to allow
CPSC staff to determine the manner in which the child was entangled.
(ii) Continuous Loop Cords: CPSC identified continuous loop cords
or beaded-chains that were not mounted with a tension device or that
broke loose from a tension device at the time of the incident, to be
the next major type of cord in which children become entangled.
Vertical blinds and curtains/drapes are the predominant types of window
covering associated with strangulations on continuous loops. Some of
the incident reports mentioned the child's prior interest in wearing
the beaded-chain as a necklace. Among the 89 fatalities, 23 reported
this type of operating mechanism.
(iii) Inner Cords: Inner cords on horizontal blinds and/or Roman
shades are the third major type of cord in which children become
entangled. In these scenarios, the child pulled out the inner cord from
between the slats of the horizontal blinds or from behind the Roman
shades, which were in the lowered position. Subsequently, the child got
caught in the loop created by the pulled-out portion of the inner cord.
In some Roman shade incidents, children inserted their heads into the
opening between the inner cord and the shade material. Seven of the 89
fatalities involved inner cords.
(iv) Other Cords: The lifting loop of a roll-up blind, among the
less prevalent cord types, was involved in four fatalities. Children
inserted their heads or arms into the lifting loop that came off the
roll-up material, resulting in the strangulation incidents. Tilt cords,
whichare used to swivel the slats on a horizontal blind, were involved
in two additional fatal incidents.
2. Incident Data From National Estimates
(a) Estimates of Window Covering Cord-Related Strangulation Deaths
Using National Center for Health Statistics Data
The National Center for Health Statistics (NCHS) compiles all death
certificates filed in the United States into multiple-cause mortality
data files. The mortality data files contain demographic information on
the deceased, as well as codes to classify the underlying cause of
death, and up to 20 contributing conditions. The NCHS compiles the data
in accordance with the World Health Organization (WHO) instructions,
which request member nations to classify causes of death by the current
Manual of the International Statistical Classification of Diseases,
Injuries, and Causes of Death. Death classifications use the tenth
revision of the International Classification of Diseases (ICD),
implemented in 1999. The latest year for which mortality data is
available is 2019; as such, CPSC derived the strangulation fatality
estimates for 2009 through 2019, which is a slightly different time
frame than that used for the incident data from the CPSC databases.
Based on CPSC staff's review of the death certificates maintained in
the CPSRMS database, CPSC staff identified three ICD10 codes that are
likely to be used for classification of strangulation fatalities:
<bullet> W75 (accidental suffocation and strangulation in bed),
[[Page 899]]
<bullet> W76 (Other accidental hanging and strangulation), and
<bullet> W83 (Other specified threats to breathing).
Among these three ICD10 codes, W76 appeared to be the most commonly
used code to classify strangulation deaths.
Using the ICD10 code value of W76, CPSC staff identified a total of
256 strangulation fatalities among children under age 5 in the
multiple-cause mortality data from the NCHS from 2009 through 2019,
which yields an annual average of 24 deaths (rounded up to the nearest
integer). Two hundred and fifty-six strangulation fatalities are most
likely an underestimate of all strangulation deaths, because CPSC staff
did not use the other two ICD10 codes (W75 and W83) in the search of
this data source. An unknown proportion of strangulation deaths are
likely coded under ICD10=W75, as well as ICD10=W83. The strangulation
deaths in these two codes (W75 and W83) cannot be distinguished from
the non-strangulation deaths because of the unavailability of any
narrative description, and thus, cannot be added to the total. Hence,
staff's annual average estimate of 24 strangulation deaths is a
minimum.
A CPSC report by Marcy et al.,\4\ which reviewed CPSC databases in
2002, found that 35 percent of all strangulation fatalities among
children less than 5 years old were associated with window covering
cords. Assuming that this 35 percent proportion applies to the entire
period from 2009 through 2019, CPSC staff estimates that, on average, a
minimum of 9 strangulation fatalities (35 percent of the unrounded
average annual death estimate of 23.27) occur annually on window
covering cords among children under 5 years of age. Again, the estimate
is rounded up to an integer. We note that the age range for the
strangulation fatality estimate is different from the CPSC incident
data analysis. This is because the age information available from the
NCHS data were in pre-set groups (e.g., 0-4 years, 5-9 years), and
staff's secondary analysis results \3\ focused on the 0-4 years age
group. Accordingly, staff's computed estimates are also limited to ages
zero to under 5. Figure 10 presents the yearly details.
---------------------------------------------------------------------------
\4\ N. Marcy, G. Rutherford. ``Strangulations Involving Children
Under 5 Years Old.'' U.S. Consumer Product Safety Commission,
December 2002.
[GRAPHIC] [TIFF OMITTED] TP07JA22.007
(b) Estimates of Window Covering Cord-Related Strangulation Injuries
Treated in Hospital Emergency Departments
Based on the emergency department-treated injury data (NEISS), the
aggregated estimated injuries from 2009 through 2020, to children 8
years of age and younger, who were entangled on window covering cords,
fall below the NEISS reportable threshold.\5\ The injury estimates for
individual years are even smaller, which makes any trend analysis
unfeasible. However, the 34 injury reports from NEISS are combined with
the incident data for the analysis of anecdotal data in section I.E.1
of this preamble. CPSC set the upper limit for the age selection
criterion for NEISS data at 8 years old, whenever feasible, because of
multiple incident reports received by CPSC staff that involved children
up to that age.
---------------------------------------------------------------------------
\5\ According to the NEISS publication criteria, an estimate
must be 1,200 or greater, the sample size must be 20 or greater, and
the coefficient of variation must be 33 percent or smaller.
---------------------------------------------------------------------------
F. ANSI/WCMA-2018 History and Description
CPSC staff began working with the Window Covering Manufacturers
Association (WCMA) in 1995 on an American National Standards Institute
(ANSI) voluntary standard to address the strangulation hazard to young
children from accessible cords on window coverings. WCMA published the
first version of the ANSI standard in 1996. The 1996 standard sought to
[[Page 900]]
prevent strangulation incidents created by looped cords by requiring
either: (1) Separate operating cords, or (2) a cord-release device on
multiple cords ending in one tassel. The standard also required a
tension device that would hold the cord or bead loop taut, when
installed according to manufacturer's instructions.
In 2001 and in 2002, CPSC staff sent letters to the WCMA asking for
revisions to the 1996 standard, including the addition of inner cord
stops and the elimination of free-hanging cords or bead chains longer
than the neck circumference of a fifth percentile 7- to 9-month-old
child. In August 2002, the published ANSI standard required inner cord
stops. In 2007, the published ANSI standard required that tension
devices partially limit the consumer's ability to control the blind if
the tension device is not properly installed. In 2009 and 2010, WCMA
published provisional voluntary standards to address hazards associated
with Roman shades.
In November 2010, CPSC held a public meeting regarding window
coverings, and WCMA announced that it would establish a steering
committee to oversee the activities of six task groups, including one
intended for operating pull cords and another for continuous loops. On
December 20, 2011, WCMA balloted the proposed revisions to the
voluntary standard, and on February 6, 2012, staff sent WCMA a letter
providing comments on the proposed revision. In these comments, CPSC
staff reiterated that the hazardous loop determination should be made
for all cords and that the length of an accessible operating cord
should not be longer than the neck circumference of the youngest child
at risk. In addition, staff raised concerns about the inability of
tension devices to eliminate effectively or reduce significantly the
risk of strangulation under certain foreseeable-use conditions.
In November 2012, the WCMA announced the approval of the 2012
version of the ANSI/WCMA standard that included: (1) Requirements for
durability and performance testing of the tension/hold down devices,
including new requirements for anchoring; (2) specific installation
instructions and warnings; (3) new requirements for products that rely
on ``wide lift bands'' to raise and lower window coverings; (4)
requirements for a warning label and pictograms on the outside of stock
packaging and merchandising materials for corded products; and (5)
expanded testing requirements for cord accessibility, hazardous loop
testing, roll-up style shade performance, and durability testing of all
safety devices. A revised ANSI/WCMA A100.1 American National Standard
for Safety of Corded Window Covering Products, which included an
editorial change, was approved on July 21, 2014.
On July 22, 2014, CPSC staff sent a letter to the WCMA requesting
that the WCMA reopen the ANSI standard to address the hazard related to
pull cords and continuous loops, which are the predominant hazard types
in the incidents reported to CPSC. Staff suggested proposed language
for a revision to the voluntary standard and asked that WCMA consider
including the language in the standard. On August 29, 2014, WCMA
responded that the association would begin the process of opening the
ANSI/WCMA window covering standard. On August 2, 2016, CPSC staff
hosted a WCMA technical meeting. At the meeting, WCMA committed to
revising the voluntary standard to require no operating cords, short
cords that cannot form a hazardous loop, or inaccessible cords, stating
that there will be exceptions to these requirements. WCMA also
committed to submitting a revised draft standard for ANSI to ballot by
the end of 2016.
Throughout FY 2017, staff participated in WCMA steering committee
meetings, and also participated in the stock/custom window covering
definitions and warning labeling task groups. ANSI published a revision
to the window coverings standard, ANSI/WCMA A100.1-2018, on January 8,
2018. WCMA updated the 2018 version the standard in May 2018, to
include missing balloted revisions. The standard went into effect on
December 15, 2018.
This NPR is based on ANSI/WCMA-2018, which segments the window
covering market between ``stock'' and ``custom'' window coverings, as
defined in section 3 of the standard, definitions 5.02 and 5.01. Per
section 4.3.1 of the standard, stock window coverings are required to
have:
(1) no operating cords (4.3.1.1),
(2) inaccessible operating cords (4.3.1.3), or
(3) short operating cords (equal to or less than 8 inches)
(4.3.1.2).
As reviewed in section II of this preamble, CPSC staff advises that the
requirements for operating cords on stock window coverings in ANSI/
WCMA-2018 adequately address the risk of strangulation to children, by
removing operating cords, ensuring that they are inaccessible to
children, or by making them too short to wrap around a child's neck.
However, as shown in Table 2, ANSI/WCMA-2018 does not adequately
address the risk of injury associated with custom window coverings,
because custom products can still be sold to consumers with hazardous
operating cords.\6\
---------------------------------------------------------------------------
\6\ Although custom window coverings can choose to meet the
operating cord requirements for stock window coverings (sections
4.3.2.1 through 4.3.2.3), consumers can still purchase custom window
coverings that contain hazardous operating cords if they custom
order the product (sections 4.3.2.4 through 4.3.2.7). Because the
ANSI/WCMA-2018 standard does not adequately address the risk of
injury from operating cords on custom products, this NPR does not
include them in the scope of the rule under section 15(j) of the
CPSA. The Commission proposes to address operating cords on custom
window coverings in a separate rulemaking under sections 7 and 9 of
the CPSA.
---------------------------------------------------------------------------
Section 4.5 of ANSI/WCMA addresses the strangulation risk
associated with inner cords on both stock and custom window coverings.
The standard requires that if inner cords are present on the product,
the inner cords must be (1) inaccessible, or (2) if cords are
accessible, the loop created when pulling the cord (with a maximum
force of 5 pounds) cannot allow a head probe to be inserted using a 10-
pound force. Section II of this preamble provides CPSC staff's analysis
of the inner cord strangulation hazard on stock and custom window
coverings. Staff concludes that section 4.5 of the ANSI/WCMA-2018
standard adequately addresses the risk of injury associated with inner
cords on stock and custom window coverings because, similar to
operating cords on stock products, inner cords must be not present,
inaccessible, or, if accessible, too short to create a loop large
enough for a child to insert his or her head.
Table 2 shows the operating and inner cord requirements for stock
and custom window coverings in ANSI/WCMA-2018.
[[Page 901]]
Table 2--ANSI/WCMA-2018 Operating and Inner Cord Requirements for Stock
and Custom Window Coverings
------------------------------------------------------------------------
Performance requirements Stock products Custom products
------------------------------------------------------------------------
No operating cords OR......... Required........... Optional.
Short operating cord with a Optional.
length equal to or less than
8 inches in any state (free
or under tension) OR.
Inaccessible operating cords.. Optional.
Inner cords that meet Appendix Required........... Required.
C and D.
Single Retractable Operating Prohibited......... Allowed.
Cord Lift System.
Continuous Loop Operating Prohibited......... Allowed.
System.
Accessible Operating Cords Prohibited......... Allowed.
longer than 8 inches.
------------------------------------------------------------------------
G. Commission Efforts To Address Hazardous Window Covering Cords
1. Petition and Rulemaking
Since the mid-1990s, CPSC staff has been engaged with the voluntary
standards body urging changes to the ANSI/WCMA standard to reduce the
risk of injury associated with window covering cords. On October 8,
2014, the Commission granted a petition to initiate a rulemaking to
develop a mandatory safety standard for window coverings.\7\ The
petition sought to prohibit window covering cords when a feasible
cordless alternative exists. When a feasible cordless alternative does
not exist, the petition requested that all window covering cords be
made inaccessible by using passive guarding devices. The Commission
granted the petition and directed staff to prepare an ANPR to seek
information and comment on regulatory options for a mandatory rule to
address the risk of strangulation to young children on window covering
cords.
---------------------------------------------------------------------------
\7\ The petition, CP 13-2, was submitted by Parents for Window
Blind Safety, Consumer Federation of America, Consumers Union, Kids
In Danger, Public Citizen, U.S. PIRG, Independent Safety Consulting,
Safety Behavior Analysis, Inc., and Onder, Shelton, O'Leary &
Peterson, LLC. Staff's October 1, 2014 Petition Briefing Package,
and a copy of the petition at Tab A, is available on CPSC's website
at: <a href="https://cpsc-d8-media-prod.s3.amazonaws.com/s3fs-public/pdfs/foia_PetitionRequestingMandatoryStandardforCordedWindowCoverings.pdf">https://cpsc-d8-media-prod.s3.amazonaws.com/s3fs-public/pdfs/foia_PetitionRequestingMandatoryStandardforCordedWindowCoverings.pdf</a>.
---------------------------------------------------------------------------
On January 9, 2015, the Commission voted to approve publication in
the Federal Register of the ANPR for corded window coverings, with
changes. The Commission published the ANPR for corded window covering
products on January 16, 2015 (80 FR 2327). The ANPR initiated a
rulemaking proceeding under the CPSA. CPSC invited comments concerning
the risk of injury associated with corded window coverings, the
regulatory alternatives discussed in the notice, the costs to achieve
each regulatory alternative, the effect of each alternative on the
safety, cost, utility, and availability of window coverings, and other
possible ways to address the risk of strangulation posed to young
children by window covering cords. CPSC also invited interested persons
to submit an existing standard or a statement of intent to modify or
develop a voluntary standard to address the risk of injury. The ANPR
was based on the 2014 version of the ANSI/WCMA standard.
As described in section II.F of this preamble, the revised version
of the voluntary standard, ANSI/WCMA-2018, adequately addresses the
risk of injury for stock window coverings, and the risk of inner cord
strangulation on custom window coverings. Accordingly, the Commission
is issuing two proposed rules: (1) This NPR under section 15(j) of the
CPSA, to deem as SPHs, stock window coverings that do not comply with
one or more of three readily observable characteristics, and custom
window coverings that do not comply with one or more of two readily
observable characteristics; and (2) in a separate rulemaking under
sections 7 and 9 of the CPSA, an NPR to require that custom window
coverings manufactured or imported for sale in the United States not
contain hazardous operating cords, by complying with the same operating
cord requirements as stock products in section 4.3.1 of ANSI/WCMA-2018.
2. Window Covering Recalls
During the period January 1, 2009 through December 31, 2020, CPSC
conducted 42 consumer-level recalls, including two recall
reannouncements. Tab C of Staff's NPR Briefing Package provides the
details of these 42 recalls, where strangulation was the primary
hazard. Manufacturers recalled more than 28 million units,\8\
including: Roman shades and blinds, roll-up blinds, roller shades,
cellular shades, horizontal blinds, and vertical blinds. The recalled
products also included stock products, which can be purchased by
consumers off-the-shelf, and custom products, which are made-to-order
window coverings based on a consumer's specifications, such as
material, size, and color. Recalled units did not comply with the
current voluntary standard, ANSI/WCMA-2018.
---------------------------------------------------------------------------
\8\ This estimate does not include the recalled units of Recall
No. 10-073. This was an industry-wide recall conducted by members of
the Window Covering Safety Council (WCSC). The recall announcement
did not provide an exact number of recalled products.
---------------------------------------------------------------------------
II. Preliminary Determination of a Substantial Product Hazard
Sections 4.3.1, 4.5, 5.3, 6.3, 6.7, and Appendices C and D of ANSI/
WCMA-2018 set forth the performance requirements for the identified
readily observable characteristics of stock and custom window coverings
specified in the proposed rule. Table 3 summarizes these requirements.
Additionally, Tab D of the Staff's NPR Briefing Package provides more
detail on the information presented in Table 3. If finalized, the rule
would deem nonconformance to one or more of the identified readily
observable characteristics of stock and custom window coverings in
ANSI/WCMA-2018 to be an SPH under section 15(a)(2) of the CPSA.
[[Page 902]]
Table 3--Readily Observable Characteristics in ANSI/WCMA-2018 for Stock
and Custom Window Coverings
------------------------------------------------------------------------
Readily observable
characteristics Criterion
------------------------------------------------------------------------
Stock Window Coverings Section of the Standard
------------------------------------------------------------------------
A. Operating cord
4.3.1.1 Cordless Operating Presence of the (a) Not present or
System: ``The product shall operating cord.
have no operating cords''.
4.3.1.2 Short Static or If present, (b) 8 inches or
Access Cords: ``The product measure the shorter or
shall have a Short Cord''. length in any
position of the
window covering.
4.3.1.3 Inaccessible If present, (c) Inaccessible
Operating Cords: ``The observe whether using cord
operating cords shall be accessible. accessibility
inaccessible as determined probe.
per the test requirements
in Appendix C: Test
Procedure for Accessible
Cords''.
------------------------------------------------------------------------
Stock and Custom Window Coverings, Section of the Standard
------------------------------------------------------------------------
B. Inner cord
4.5 Inner Cords: ``All If present, (a) Inaccessible
products with inner cords determine whether using cord
must meet the requirements accessible. accessibility
in Appendix C and Appendix probe or
D.'' Appendix C. Test
Procedure for Accessible
Cords.
Appendix D. Hazardous Loop If present, (b) Pull inner
Test Procedure. determine whether cord and measure
a child's head to determine
can penetrate the whether the
opening. opening is less
than 17 inches.
For 15(j)
purposes, this is
comparable to
inserting a head
probe with a
force of 10
pounds.
C. Manufacturer label
5.3 Manufacturer Label: Presence of a Observe whether
There shall be a permanent permanent label the label is
label(s) or marking on all or marking within present and
finished window covering or on the contains the
products. headrail or on following:
the roller tube. (a) The name,
city, and state
of the
manufacturer/
importer/
fabricator
(b) Month and year
of manufacture
(c) Designation of
window covering
as ``Custom'' or
``Stock''.
------------------------------------------------------------------------
A. Defined Characteristics Are Readily Observable
1. Operating Cords on Stock Window Coverings
Section 4.3.1 of ANSI/WCMA-2018 requires the operating cords of
stock window coverings to be: (1) Not present (cordless) (section
4.3.1.1); (2) inaccessible (section 4.3.1.3); or (3) eight inches long
or shorter in any position of the stock window covering (section
4.3.1.2). The Commission preliminarily determines that these
characteristics of operating cords on stock window coverings are
``readily observable'' because they require visual observation and
measurement to assess conformance with sections 4.3.1.1 through 4.3.1.4
of ANSI/WCMA-2018.
CPSC staff can quickly visually observe the presence or absence of
an operating cord (i.e., the portion of a cord that the user interacts
with during operation) on a stock window covering. Figures 11, 11a, and
12 show window coverings, two containing accessible cords on a
horizontal blind (Figures 11 and 11a), and one horizontal blind without
operating cords, meaning a cordless blind (Figure 12). Figure 11a
demonstrates operating cords that are accessible using a cord
accessibility probe, although the presence of cords is easily
observable with visual confirmation and does not require a probe. For a
window covering with accessible operating cords, as shown in Figures 11
and 11a, a CPSC investigator would proceed to determine whether the
length of the operating cord is hazardous. A window covering without
operating cords (Figure 12) is compliant with the operating cord
requirement in section 4.3.1 of ANSI/WCMA-2018, because it conforms
with section 4.3.1.1, and no further inspection of the operating cord
is necessary.
BILLING CODE 6355-01-P
[[Page 903]]
[GRAPHIC] [TIFF OMITTED] TP07JA22.008
Another way a stock window covering can conform to section 4.3.1 of
ANSI/WCMA is to make an operating cord inaccessible to children,
pursuant to section 4.3.1.3. The CPSC investigator would attempt to
touch the operating cord using the cord accessibility probe. A cord
accessibility probe, shown in figure 11a, is a tool used to determine
whether an operating cord, inner cord, or inner cord shroud is
accessible to a child.\9\ If a cord accessibility probe cannot touch
the cord, the cord is inaccessible and complies with section 4.3.1 of
ANSI/WCMA. No further testing is required. For most products sold in
the United States, staff can visually observe whether an operating cord
is accessible without using a cord accessibility probe. Although stock
window coverings that use a rigid cord shroud to encase an operating
cord are sold in other countries, staff is not aware of a stock product
containing a rigid cord shroud sold in the United States.\10\
---------------------------------------------------------------------------
\9\ The probe is an inexpensive measuring device designed to
simulate a child's hands and fingers, by considering children's
anthropometric dimensions. Tab I of Staff's NPR Briefing Package
contains additional information on cord accessibility probes. Staff
estimates that the cost to manufacture the probe ranges from $50, to
3D print the part from plastic, to $200, to machine the part from an
aluminum rod. Manufacturers of window coverings should already have
this cord accessibility probe.
\10\ Tab D of Staff's NPR Briefing Package shows an example of a
window covering with a rigid cord shroud.
---------------------------------------------------------------------------
The final way to comply with the operating cord requirement for
stock products is to ensure that if an operating cord is accessible,
the operating cord does not have a length exceeding 8 inches in any
position of the window covering, as set forth in section 4.3.1.2 of
ANSI/WCMA-2018. Whether an accessible operating cord is longer than 8
inches in any position of the window covering is readily observable by
taking a simple measurement with a tape measure. To observe the
operating cord length, the CPSC investigator must first keep the
product stationary, by having another person hold it, hanging it up on
a fixed surface, or placing the window covering on the floor. The
investigator can then measure the length of the operating cord with a
tape measure or ruler. Figure 13 demonstrates fully lowered, mid-
length, or fully raised positions of the window covering where the CPSC
investigator can take a measurement. The presence of an accessible
operating cord that is longer than 8 inches in any position does not
conform to section 4.3.1.2, and no further inspection is necessary. The
Commission proposes to deem the presence of an accessible operating
cord longer than 8 inches in any position an SPH, because a child can
wrap a cord or looped cord longer than 8 inches around his or her neck,
and the child could strangle on the long cord.
[[Page 904]]
[GRAPHIC] [TIFF OMITTED] TP07JA22.009
2. Inner Cords on Stock and Custom Window Coverings
If a stock window covering conforms to the readily observable
operating cord requirements in section 4.3.1 of ANSI/WCMA-2018, the
CPSC investigator would then observe whether the window covering has
hazardous inner cords, as set forth in section 4.5, 6.3, 6.7, and
Appendices C and D, of ANSI/WCMA-2018. Investigators would also assess
whether a custom window product contains a hazardous inner cord. ANSI/
WCMA-18 requires that inner cords on stock and custom window coverings
be: (1) Not present (cordless); (2) inaccessible; or (3) short enough
not to create a loop large enough for a child to insert their head. The
Commission preliminarily determines that these characteristics of inner
cords on stock and custom window coverings are ``readily observable''
because they require visual observation and direct measurements of the
product to assess conformance with sections 4.5, 6.3, 6.7, Appendix C,
and Appendix D of ANSI/WCMA-2018.
The presence of an inner cord (i.e., the portion of a cord
connecting head rail and bottom rail) is readily observable with a
visual check. A window covering without inner cords, such as a roller
shade, is compliant with the inner cord requirement in section 4.5, and
no further inspection is necessary for inner cords.
If a window covering has inner cords, the CPSC investigator must
determine whether a child can access the inner cord, and if so, whether
the cord is hazardous because it can form a loop large enough for a
child to insert their head. Accessibility to an inner cord of an open
construction window covering type, such as horizontal, Roman, and
pleated shades, is observable by checking whether the cord
accessibility probe can touch the cords located 12 inches below the
headrail before reaching a 2-inch diameter section, or by inserting a
2-inch diameter section to any opening. Figure 14 shows how staff
observes whether an inner cord is accessible on a horizontal blind by
touching the inner cord with the probe. Because the inner cord on this
sample is accessible, the CPSC investigator would next proceed to
determine whether a hazardous opening can be created by the inner cord,
by pulling on the inner cord.
[GRAPHIC] [TIFF OMITTED] TP07JA22.010
Figure 15 depicts a Roman shade. Although this example has no
operating cords, the backside of the shade contains two inner cords
that run through the rear side of the shade. In this case, the inner
cords are routed
[[Page 905]]
through inner cord shrouds. Because the cord accessibility probe can
touch the inner cords on this sample (Figure 15a), the cord is
accessible under section 4.5 of ANSI/WCMA-2018. Accordingly, the CPSC
investigator would proceed to the next step to determine whether the
inner cord opening is hazardous.
[GRAPHIC] [TIFF OMITTED] TP07JA22.011
Accessibility to an inner cord of a closed-construction window
covering type, such as a cellular shade, is readily observable by
checking whether the: (1) Cord accessibility probe can touch the cords
located 12 inches below the head rail before reaching the 4-inch
diameter section of the probe, or (2) 4-inch diameter section of the
probe can be inserted into any opening.
Figure 16 demonstrates a cellular shade with no operating cord. The
two inner cords are run between the two layers of the shade. The cord
accessibility probe cannot be inserted through the opening and touch
the cords. Because the inner cord is not accessible, the hazardous loop
test cannot be performed. In this example, the cellular shade complies
with both operating cord and inner cord requirements in ANSI/WCMA-2018.
Accordingly, this shade is compliant with the voluntary standard and
would not create an SPH related to inner-cord accessibility.
[[Page 906]]
[GRAPHIC] [TIFF OMITTED] TP07JA22.012
If the CPSC investigator observes that an inner cord is accessible
with the cord accessibility probe, then the investigator would need to
assess the size of a cord loop, created by pulling on the inner cord,
to determine whether a child could put their head through the loop.
Observing whether the inner cord opening is hazardous requires first
fully lowering the window covering, and pulling on the inner cord with
a force gauge, until the gauge reaches 5 pounds in a direction most
likely to create the maximum length, or the inner cord has been pulled
25 inches, whichever comes first (see Figure 17). A force gauge is a
widely available tool \11\ used to pull on the window covering inner
cord to determine whether a hazardous loop can be created, by measuring
a force intended to simulate a child pulling on the cord.
---------------------------------------------------------------------------
\11\ Staff found this measuring device available at various
online retailers for around $50-$100, depending on product features.
Window covering manufacturers should already have this gauge.
---------------------------------------------------------------------------
[[Page 907]]
[GRAPHIC] [TIFF OMITTED] TP07JA22.013
Finally, to determine whether the loop created by the pulled inner
cord is hazardous, a CPSC investigator would determine whether a child
could insert his or her head into the loop, by attempting to insert a
head probe. The head probe is designed to simulate the head size of a
fifth percentile 7-month to 9-month-old child, as shown in Figure
20.\12\ However, a tape measure can also be used to measure the
perimeter of the opening, as shown in Figure 21. Manufacturers should
already have the probe, or they can use a tape measure to assess an
inner cord.
---------------------------------------------------------------------------
\12\ The head probe is another inexpensive measuring device that
can be made using readily available materials or 3D printed for
approximately $50. Tab I of Staff's NPR Briefing Package describes
the head probe in more detail.
[GRAPHIC] [TIFF OMITTED] TP07JA22.014
[[Page 908]]
The Commission proposes that if the head probe can be inserted into
the inner cord opening or nonrigid shroud opening, the product would be
deemed to have an SPH pursuant to the NPR, because the inner cord is
not in conformance with sections 4.5, 6.3, 6.7, and Appendices C and D
of ANSI/WCMA-2018. A nonconforming inner cord presents a strangulation
hazard, because a child could insert his or her her into the inner cord
opening.
Staff found that measuring the perimeter of the inner cord opening
with a measuring tape provides a result equivalent to inserting a head
probe with a force gauge. Figure 21 shows the perimeter openings on a
horizontal blind, Roman shade inner cord, and Roman shade inner cord
shroud.
[GRAPHIC] [TIFF OMITTED] TP07JA22.015
BILLING CODE 6355-01-C
The Commission proposes to deem the presence of an accessible inner
cord on stock and custom window coverings that creates a loop large
enough for a child to insert his or her head when tested per sections
4.5, 6.3, 6.7, and Appendices C and D of ANSI/WCM-2018 to be an SPH,
because a child can strangle on a noncompliant inner cord loop.
3. Manufacturer Label on Stock and Custom Window Coverings
Section 5.3 of ANSI/WCMA-2018 requires that stock and custom window
coverings display a permanent label on the headrail (or roller tube) of
a window covering, with the following information:
<bullet> The readily distinguishable name, city, and state of the
manufacturer/importer/fabricator;
<bullet> the month and year of manufacture;
<bullet> the designation of the window covering as ``Custom'' or
``Stock.''
A CPSC investigator can perform a visual observation of the label
and its contents quickly, in less than a minute.
The Commission preliminarily determines that the absence of a
manufacturer label is readily observable with a visual observation of
the window covering. The Commission proposes that the absence of a
manufacturer label on a window covering is an SPH, because the window
covering would not be in compliance with section 5.3 of ANSI/WCMA-2018.
Additionally, the absence of this manufacturer label would make it
difficult for staff, manufacturers, and consumers to identify the
product and class of products subject to a recall, and to distinguish
stock from custom window coverings. Differentiating stock from custom
products is important as long as the operating cord requirements for
stock and custom products are not identical. For example, the
Commission anticipates that a final rule under section 15(j) of the
CPSA can issue before a rule under sections 7 and 9 of the CPSA. Once a
rule for operating cords on custom products is complete, substantive
cord requirements for all window coverings will be the same. Before
that time, only inner cords on custom products will be subject to a
rule. Therefore, CPSC, manufacturers, and consumers must be able to
differentiate stock products from custom products until the operating
cord requirements are the same; and product information that aids a
recall will always be necessary to effect and expedite a recall.
B. Window Coverings That Conform to ANSI/WCMA-2018 Are Effective at
Reducing the Risk of Injury Associated With the Identified Readily
Observable Characteristics
Based on CPSC staff's analysis, the Commission preliminarily
determines that stock window coverings that comply with section 4.3.1
of the revised 2018 version of the ANSI/WCMA standard effectively
eliminate or significantly reduce the risk of strangulation from
operating cords, by removing operating cords, making operating cords
inaccessible to children, or by ensuring that operating cords are not
long enough for a child to wrap around his or her neck. See Tabs G and
I of Staff's NPR Briefing Package. Staff's review of the incident data
found that if stock window coverings had complied with the requirements
in sections 4.3.1 of ANSI/WCMA-2018 at the time of the incident, all
operating cord incidents would have been prevented. Id. Even though the
requirements in the 2018 standard, when followed, should lead to safe
stock window coverings, the Commission acknowledges that it will take a
long time, approximately 2 decades, for existing window coverings in
consumers' homes to be replaced.\13\
---------------------------------------------------------------------------
\13\ For window coverings manufacturered before the effective
date of the voluntary standard, the Window Covering Safety Council
(WCSC) distributes safety devices through its website, and during
October safety month, CPSC and WCSC promote safe window coverings,
and offer guidance on what to do to reduce the strangulation hazard.
---------------------------------------------------------------------------
[[Page 909]]
Based on staff's assessment, the Commission also preliminarily
determines that stock and custom window coverings that comply with the
inner cord requirements in sections 4.5, 6.3, 6.7, and Appendices C and
D of ANSI/WCMA-2018 effectively eliminate or reduce the strangulation
risk to children from hazardous inner cords. Id. Like the operating
cord requirements for stock window coverings, the inner cord
requirements eliminate hazardous cords, by removing them from the
product, shrouding inner cords to make them inaccessible to children,
or ensuring that if a child pulls on an inner cord, the loop created is
not large enough for a child to insert his or her head. Staff's review
of the incident data found that if stock and custom window coverings
had been in compliance with section 4.5 of ANSI/WCMA-2018, all inner
cord incidents would have been prevented. Id.
Finally, the Commission preliminarily determines that stock and
custom window coverings that comply with section 5.3 of ANSI/WCMA-2018,
by displaying the required manufacturer label, are effective at
reducing the risk of injury, by identifying whether a product is stock
or custom, and by identifying the manufacturer and the manufacture date
of the products. This information allows CPSC, manufacturers, and
consumers to differentiate stock products from custom products, and it
also aids in expediting timely and effective recalls. See Tab D of
Staff's NPR Briefing Package.
C. Window Coverings Substantially Comply With the Identified Readily
Observable Characteristics of Window Coverings
The Commission has several bases to determine preliminarily that
window coverings substantially comply with the requirements for
operating cords in ANSI/WCMA-2018.\14\ First, WCMA, the trade
association for window coverings and the body that created the
voluntary standard, stated in a comment on the ANPR (comment ID:
CPSC_2013-0028-1555) that there has been substantial compliance with
the voluntary standard since its first publication. WCMA also stated
that the association's message to all manufacturers is that, to sell
window coverings in the United States, compliance with the standard is
mandatory.
---------------------------------------------------------------------------
\14\ CPSC staff observes some decline in pediatric incident data
that suggests compliance with the voluntary standard is effective at
reducing the number of incidents (see Tab A of Staff's NPR Briefing
Package for CPSRMS and NCHS data). We expect a similar trend to
continue for stock products given the substantial improvements made
to the standard in 2018. However, because window coverings are used
for many years, and will be replaced over time with safer products
that conform to the voluntary standard, several more years of
incident data are required to more definitively demonstrate a
reduction in incidents.
---------------------------------------------------------------------------
Additionally, the Commission instructed the staff to investigate
the level of compliance of window coverings with the voluntary
standard. CPSC contracted with D+R International, which interviewed
window covering manufacturers and component manufacturers to collect
anecdotal information on the distribution of stock and custom product
sales and the impact of compliance with the voluntary standard (D+R
International, 2021). Various manufacturers indicated retail customers
would not stock noncompliant products. Manufacturers are also aware of
their customers' procedures, and they would not ship to them, if there
were concerns about the assembly and installation process. The D+R
report indicates that the voluntary standard has caused U.S. window
covering manufacturers to design and offer cordless lift operations for
most stock window covering categories. All manufacturers interviewed
were aware of the standard and had implemented compliance in all stages
of their development process, from product design to fabrication.
CPSC field staff also confirmed compliance of the categorization
for ``stock'' and ``custom'' window coverings, as defined in the ANSI/
WCMA standard. CPSC field staff conducted unannounced in-store visits
to 18 firms, comprising wholesalers, manufacturers, and retailers.
Window coverings in 13 locations demonstrated compliance with the
voluntary standard for operating cords for stock and custom products.
However, in four locations, staff observed noncompliance of custom
window coverings with the ANSI/WCMA standard, primarily for
characteristics that are not subject to this rule, including: Length of
operating cords 40 percent longer than the window covering length, with
no accompanying specific customer request; lack of warning label; lack
of manufacturer label; lack of hang tag; and use of a cord tilt,
instead of wand tilt, without an accompanying specific customer
request. Staff found one location with a noncomplying stock window
covering. This stock window covering was being sold with long beaded-
cord loops in various sizes. Tab E of Staff's NPR Briefing Package
contains a more detailed description of staff's assessment of
substantial compliance with the voluntary standard.
Finally, CPSC technical staff tested custom product samples, using
test parameters defined in ANSI/WCMA-2018, with a cord accessibility
probe and force gauge. The samples tested by staff also indicated a
high level of conformance in custom products regarding inner cord
accessibility.
Based on incident data, WCMA's statements, contractor report
findings, and staff's examination and testing of window covering
products, the Commission preliminarily determines that a substantial
majority of window coverings sold in the United States comply with the
readily observable safety characteristics identified in ANSI/WCMA-2018.
III. Description of the Proposed Rule
The proposed rule would add several new paragraphs in part 1120.
The proposed rule includes two new definitions in sections 1120.2(f)
and (g), which would define ``stock window covering'' and ``custom
window covering'' consistent with the definitions in section 3 of ANSI/
WCMA-2018, definitions 5.02 and 5.01, respectively. The proposed rule
defines a ``stock window covering'' as a product that is ``completely
or substantially fabricated'' prior to being distributed in commerce
and is a stock-keeping unit (SKU). The definition further explains that
even when a seller, manufacturer, or distributor modifies a pre-
assembled product by, for example, adjusting the size, attaching a top
rail or bottom rail, or tying cords to secure the bottom rail, the
product is still considered ``stock.'' Additionally, the definition
clarifies that online sales of the product, or the quantity of an
order, such as a large quantity for a multifamily housing unit, do not
make the product a non-stock product. The proposed rule defines a
``custom window covering'' as any window covering that is not
classified as a stock window covering.
Proposed section 1120.3 lists substantial product hazards by
product, identifying the readily observable characteristics of each
product, and the sections of the voluntary standards that address each
hazard. The proposed rule would modify Sec. 1120.3 by adding ``stock
window coverings'' and ``custom window coverings'' as Sec. 1120.3(e)
and (f), respectively. Proposed Sec. 1120.3(e) would deem stock window
coverings that fail to comply with one or more of three readily
observable characteristics in ANSI/WCMA-2018 an SPH:
(1) Operating cord requirements in sections 4.3.1.1 (cordless
operating
[[Page 910]]
system), 4.3.1.2 (short static or access cord), or 4.3.1.3
(inaccessible operating cord);
(2) Inner cord requirements in sections 4.5, 6.3, 6.7, Appendix C,
and Appendix D; and
(3) On-product manufacturer label in section 5.3.
Additionally, proposed Sec. 1120.3(f) would deem custom window
coverings that fail to comply with one or more of two readily
observable characteristics in ANSI/WCMA-2018 an SPH:
(1) Inner cord requirements in section 4.5, 6.3, 6.7, Appendix C,
and Appendix D; and
(2) On-product manufacturer label in section 5.3.
These characteristics and the ANSI/WCMA-2018 requirements are explained
in more detail in section II, and Tables 2 and 3, of this preamble.
Finally, the proposed rule would add Sec. 1120.4(d), which
provides the incorporation by reference details for the ANSI/WCMA
standard.
IV. Effect of the Proposed 15(j) Rule
Section 15(j) of the CPSA allows the Commission to issue a rule
specifying that a consumer product or class of consumer products has
characteristics whose presence or absence creates a substantial product
hazard. Such a rule would not be a consumer product safety rule, and
thus, would not trigger the statutory requirements of a consumer
product safety rule. For example, a rule under section 15(j) of the
CPSA does not trigger the testing or certification requirements under
section 14(a) of the CPSA.
Although a rule issued under section 15(j) of the CPSA is not a
consumer product safety rule, placing a consumer product on the SPH
list in 16 CFR part 1120 would have certain ramifications. A product
that is or has an SPH is subject to the reporting requirements of
section 15(b) of the CPSA, 15 U.S.C. 2064(b). A manufacturer, importer,
distributor, or retailer that fails to report an SPH to the Commission
is subject to civil penalties under section 20 of the CPSA, 15 U.S.C.
2069, and is possibly subject to criminal penalties under section 21 of
the CPSA, 15 U.S.C. 2070.
A product that is or contains an SPH also is subject to corrective
action under sections 15(c) and (d) of the CPSA, 15 U.S.C. 2064(c) and
(d). Thus, if the Commission issues a final rule under section 15(j)
for stock and custom window coverings, the Commission could order the
manufacturer, importer, distributor, or retailer of window coverings
that do not conform to one or more of the identified readily observable
characteristics to offer to repair or replace the product or to refund
the purchase price to the consumer.
A product that is offered for import into the United States and is
or contains an SPH shall be refused admission into the United States
under section 17(a) of the CPSA, 15 U.S.C. 2066(a). Additionally,
Customs and Border Protection (CBP) has the authority to seize certain
products offered for import under the Tariff Act of 1930 (19 U.S.C.
1595a) (Tariff Act), and to assess civil penalties that CBP, by law, is
authorized to impose. Section 1595a(c)(2)(A) of the Tariff Act states
that CBP may seize merchandise, and such merchandise may be forfeited
if: ``its importation or entry is subject to any restriction or
prohibition which is imposed by law relating to health, safety, or
conservation and the merchandise is not in compliance with the
applicable rule, regulation, or statute.'' Thus, if the proposed rule
is finalized, stock and custom window coverings that violate the rule
are subject to CBP seizure and forfeiture.
V. Regulatory Flexibility Act Analysis \15\
---------------------------------------------------------------------------
\15\ The RFA analysis is based on Tab F of Staff's NPR Briefing
Package.
---------------------------------------------------------------------------
The Regulatory Flexibility Act (RFA) requires that proposed rules
be reviewed for the potential economic impact on small entities,
including small businesses. 5 U.S.C. 601-612. Section 603 of the RFA
requires agencies to prepare and make available for public comment an
Initial Regulatory Flexibility Analysis (IRFA), describing the impact
of the proposed rule on small entities and identifying impact-reducing
alternatives. The requirement to prepare an IRFA does not apply if the
agency certifies that the rulemaking will not have a significant
economic impact on a substantial number of small entities. Id. 605.
Because the Commission expects that the economic effect on all entities
will be minimal, absent public comment with relevant information and
evidence to the contrary, the Commission intends to certify at the
final rule stage that the rule will not have a significant economic
impact on a substantial number of small entities.
A. Small Entities to Which the Proposed Rule Would Apply
The proposed rule would apply to all ``window coverings,'' as
defined in the draft proposed rule, consistent with the definition in
ANSI/WCMA A100.1-2018. Window coverings include the following product
categories: Blinds, shades, and curtains and draperies. The shades
category includes: cellular shades, pleated shades, roller shades, and
Roman shades. The blinds category includes horizontal blinds and
vertical blinds of varying material types. The total window covering
market size in 2020 was approximately $6.6 billion.\16\ (Euromonitor
2021a). CPSC staff estimates that firms classified as small by U.S.
Small Business Administration (SBA) guidelines account for $4.08
billion annually, and none of these firms accounts for more than 3
percent of total market share by revenue. (Euromonitor 2021b).
---------------------------------------------------------------------------
\16\ Stock window coverings most likely account for a minority
of the total market size in terms of revenue due to significant
average price differences between stock and custom products. (D+R
International 2021).
---------------------------------------------------------------------------
The North American Industry Classification System (NAICS) defines
product codes for U.S. firms. Firms that manufacture window coverings
may list their business under the NAICS product code for blinds and
shades manufacturers (337920 Blind and Shade Manufacturing) or
retailers (442291 Window Treatment Stores).\17\ Importers of window
coverings are generally listed in Home Furnishing Merchant Wholesalers
(423220), which includes other home furnishing items and is nonspecific
to window coverings.
---------------------------------------------------------------------------
\17\ The two product codes 337920 and 442291 encompass most
products in the window coverings market. However, some drapery and
curtain manufacturers may be listed under 322230, stationary product
manufacturing.
---------------------------------------------------------------------------
Under SBA guidelines, a manufacturer of window coverings is
categorized as small if the firm has fewer than 1,000 employees;
retailers are considered small if they have sales revenue less than
$8.0 million, and importers if the firm has fewer than 100 employees.
Based on 2017 data, 1,898 firms were categorized as blinds and shades
manufacturers and retailers (Census Bureau, 2020). Of these, about
1,840 firms (302 manufacturers and 1,538 retailers) are small. As the
NAICS code for importers is nonspecific to window coverings, CPSC staff
reviewed CBP data, firm financial reports, and Dun & Bradstreet reports
to obtain an estimate. CPSC staff estimates that there are
approximately 83 importers that meet the SBA guidelines for a small
business (Laciak 2020). Nearly all of the 302 small manufacturers
identified are far below the 1,000 employee SBA threshold, as a
majority are firms with under five employees. CPSC staff believes that
the window coverings produced by these firms would meet the voluntary
standard definition of a ``custom'' window covering, because many are
hand crafters, and they
[[Page 911]]
produce products to a specific customer order.
B. Potential Impact of the Proposed Rule
A proposed rule designating stock and custom window covering
products that do not conform to the specified readily observable
characteristics of ANSI/WCMA A100.1-2018 as an SPH will not likely have
a significant impact on a substantial number of small businesses or
other small entities. Data collected in person at manufacturers,
retailers, and importers by CPSC staff indicate that the level of
conformance with the sections of the WCMA standard concerning stock
products is high and most likely greater than 90 percent (Tab E).\18\
Samples tested by CPSC staff also indicate a high level of conformance
of custom products related to inner cord accessibility.\19\
---------------------------------------------------------------------------
\18\ CPSC staff conducted in person unannounced visits to window
covering retailers, manufacturers, and importers in major
metropolitan areas and found only one violation in which a stock
product was available with accessible cords. Four violations were
found concerning warning/manufacturer labels not related to inner
cords on custom products.
\19\ Staff tested custom product samples using test parameters
defined in ANSI/WCMA A100.1-2018, which involved the use of a cord
accessibility probe and force gauge.
---------------------------------------------------------------------------
Firms already conforming to the standard would experience no impact
by the proposed rule. However, CPSC staff notes that at least one small
manufacturer that does not currently conform to the accessible cord
provision will experience a significant cost impact by the rule.\20\
Staff does not believe that a substantial number of small manufacturers
will experience this cost impact. Retailers and importers are not
expected to be impacted significantly by the rule, because potential
costs to conform will be borne by manufacturers. Should a window
covering retailer and/or importer bear a cost related to conformance,
staff expects the cost to account only for a small portion of total
revenues, because these firms typically sell/import other home
furnishing products in addition to window coverings.
---------------------------------------------------------------------------
\20\ See Tab K of Staff's NPR Briefing Package.
---------------------------------------------------------------------------
Based on the available information, the Commission could certify
that a rule to deem nonconforming operating cords and inner cords on
stock window coverings, and nonconforming inner cords on custom
products, to be SPHs, because such a rule would likely not have a
significant impact on a substantial number of small businesses or other
small entities. Absent additional information identified through notice
and comment, in the final rule, the Commission will certify that the
rule will not have a significant impact on a substantial number of
small businesses.
VI. Environmental Considerations
Generally, the Commission's regulations are considered to have
little or no potential for affecting the human environment, and
environmental assessments and impact statements are not usually
required. See 16 CFR 1021.5(a). The proposed rule to deem stock and
custom window covering cords that do not comply with the identified
readily observable characteristics to be an SPH is not expected to have
an adverse impact on the environment, and it is considered to fall
within the ``categorical exclusion'' for the purposes of the National
Environmental Policy Act. 16 CFR 1021.5(c).
VII. Paperwork Reduction Act
This proposed rule to amend the substantial product hazard list in
16 CFR part 1120 to include hazardous window covering cords contains
information collection requirements that are subject to public comment
and review by the Office of Management and Budget (``OMB'') under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521). In this
document, pursuant to 44 U.S.C. 3507(a)(1)(D), we set forth:
[ssquf] A title for the collection of information;
[ssquf] a summary of the collection of information;
[ssquf] a brief description of the need for the information and the
proposed use of the information;
[ssquf] a description of the likely respondents and proposed
frequency of response to the collection of information;
[ssquf] an estimate of the burden that shall result from the
collection of information; and
[ssquf] notice that comments may be submitted to the OMB.
Title: Substantial Product Hazard List: Manufacturer Label on
Window Coverings.
Description: To address the risk of strangulation to children 8
years old and younger from hazardous cords on window coverings, the
Consumer Product Safety Commission (CPSC) is proposing a rule to deem
that one or more of the following readily observable characteristics of
window coverings present a substantial product hazard under the
Consumer Product Safety Act (CPSA): The presence of hazardous operating
cords on stock window coverings, the presence of hazardous inner cords
on stock and custom window coverings, and the absence of a manufacturer
label on stock and custom window coverings. All three of these product
characteristics are addressed in the voluntary standard for window
coverings, ANSI/WCMA-2018. The requirement to place a manufacturer
label on the product is set forth in section 5.3 of ANSI/WCMA-2018. The
requirement for an on-product label falls within the definition of
``collection of information,'' as defined in 44 U.S.C. 3502(3).
Description of Respondents: Persons who manufacture or import stock
or custom window coverings.
Estimated Burden: We estimate the burden of this collection of
information as follows:
Table 8--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Frequency of Total annual Hours per Total burden
16 CFR section respondents responses responses response hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1120.3(e)(3) & 1120.3(f)(2)........................................ 391 11 4,301 1 4,301
--------------------------------------------------------------------------------------------------------------------------------------------------------
Our estimate is based on the following:
The Commission proposes in the NPR to deem the absence of a
manufacturer label, required on both stock and custom window coverings,
as set forth in section 5.3 of ANSI/WCMA-2018, an SPH. Section 5.3 of
the voluntary standard requires: ``There shall be a permanent label(s)
or marking on all finished window covering products.'' The required
label must be on the headrail or on the roller tube of every window
covering. The label must contain: The name, city, and state of the
manufacturer, importer, or fabricator; the month and year of
manufacture; and
[[Page 912]]
the designation of the window covering as either ``Stock'' or
``Custom.''
Three hundred ninety-one (391) known entities supply window
coverings to the U.S. market. If modifications to existing product
labels are required, we estimate that the time required to make these
modifications is about 1 hour per model. Based on an evaluation of
supplier product lines, each of the 391 entities supplies an average of
11 models of window coverings; \21\ therefore, the estimated burden
associated with labels is 1 hour per model x 391 entities x 11 models
per entity = 4,301 hours. We estimate the hourly compensation for the
time required to create and update labels is $33.78 (U.S. Bureau of
Labor Statistics, ``Employer Costs for Employee Compensation,'' March
2021, total compensation for all sales and office workers in goods-
producing private industries: <a href="http://www.bls.gov/ncs/">http://www.bls.gov/ncs/</a>). Therefore, the
estimated annual cost to industry associated with the labeling
requirements is $145,288 ($33.78 per hour x 4301 hours = $145,288). No
operating, maintenance, or capital costs are associated with the
collection.
---------------------------------------------------------------------------
\21\ This number was derived from a review of manufacturers
product offerings listed on the firms/associated retailer websites
and market research conducted in support of the preliminary
regulatory analysis.
---------------------------------------------------------------------------
This burden estimate is the largest possible, assuming that every
manufacturer had to modify the on-product label. However, based on
staff's review of stock and custom window products, window coverings
already substantially comply with the on-product manufacturer label
requirement in section 5.3 of ANSI/WCMA-2018. Accordingly, product
modification and any associated burden is unlikely. Under the OMB's
regulations (5 CFR 1320.3(b)(2)), the time, effort, and financial
resources necessary to comply with a collection of information that
would be incurred by persons in the ``normal course of their
activities'' are excluded from a burden estimate, where an agency
demonstrates that the disclosure activities required to comply are
``usual and customary.'' Staff estimates a high degree of compliance
with the voluntary standard, more than 90 percent of stock products and
a substantial number of the custom products, such that window coverings
already comply with the on-product manufacturer label requirement in
the voluntary standard. Therefore, CPSC could estimate that no burden
hours are associated with the proposed rule, because any burden
associated with the on-product manufacturer label would be ``usual and
customary'' and not within the definition of ``burden'' under the OMB's
regulations.
We request comments on this potential estimate of no burden. We
also request comment on the analysis demonstrating that the largest
possible burden estimate for the proposed standard to require the
manufacturer label in section 5.3 of ANSI/WCMA-2018 on stock and custom
window coverings to be 4,301 hours at a cost of $145,288 annually.
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we have submitted the information collection requirements of
this rule to the OMB for review. Interested persons are requested to
submit comments regarding information collection by February 7, 2022,
to the Office of Information and Regulatory Affairs, OMB (see the
ADDRESSES section at the beginning of this notice).
Pursuant to 44 U.S.C. 3506(c)(2)(A), we invite comments on:
[ssquf] Whether the collection of information is necessary for the
proper performance of the CPSC's functions, including whether the
information will have practical utility;
[ssquf] the accuracy of the CPSC's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
[ssquf] ways to enhance the quality, utility, and clarity of the
information to be collected;
[ssquf] ways to reduce the burden of the collection of information
on respondents, including the use of automated collection techniques,
when appropriate, and other forms of information technology; and
[ssquf] the estimated burden hours associated with label
modification, including any alternative estimates.
VIII. Preemption
The proposed rule under section 15(j) of the CPSA would not
establish a consumer product safety rule. Accordingly, the preemption
provisions in section 26(a) of the CPSA, 15 U.S.C. 2075(a), would not
apply to this rule.
IX. Effective Date
The Administrative Procedure Act (APA) generally requires that the
effective date of a rule be at least 30 days after publication of a
final rule. 5 U.S.C. 553(d). The Commission proposes that any stock or
custom window coverings that do not conform to the specified sections
of ANSI/WCMA A100.1-2018, be deemed an SPH effective 30 days after
publication of a final rule in the Federal Register. After that date,
all stock and custom window coverings that are subject to, but do not
comply with, ANSI/WCMA A100.1-2018 regarding the identified readily
observable characteristics, will be deemed to be an SPH.
The Commission believes that a 30-day effective date is appropriate
because stock and custom window coverings substantially comply with the
identified readily observable safety characteristics in ANSI/WCMA
A100.1-2018, and because there is widespread knowledge of these
requirements among importers and manufacturers. Accordingly, relevant
stakeholders are on notice of the requirements in ANSI/WCMA A100.1-
2018. Moreover, importers likely will have ample time and opportunity
to acquire conforming products, if necessary, from suppliers within
normal business cycles before a final rule is promulgated. Based on the
available information, the Commission concludes that a 30-day effective
date would not likely result in significant impacts on industry, nor
disrupt the supply of conforming products.
X. Incorporation by Reference
The Commission proposes to incorporate by reference certain
provisions of ANSI/WCMA A100.1-2018, American National Standard for
Safety of Corded Window Covering Products. The Office of the Federal
Register (OFR) has regulations concerning incorporation by reference. 1
CFR part 51. The OFR revised these regulations to require that, for a
proposed rule, agencies must discuss in the preamble of the NPR ways
that the materials the agency proposes to incorporate by reference are
reasonably available to interested persons or how the agency worked to
make the materials reasonably available. In addition, the preamble of
the proposed rule must summarize the material. 1 CFR 51.5(a).
In accordance with the OFR's requirements, sections I.B.2.(d),
II.A, and Table 3 of this preamble summarize the provisions of ANSI/
WCMA A100.1-2018 that the Commission proposes to incorporate by
reference. ANSI/WCMA A100.1-2018 is copyrighted. You can view a read-
only copy of ANSI/WCMA A100.1-2018 at: <a href="https://wcmanet.com/wp-content/uploads/2021/07/WCMA-A100-2018_v2_websitePDF.pdf">https://wcmanet.com/wp-content/uploads/2021/07/WCMA-A100-2018_v2_websitePDF.pdf</a>. To download or print
the standard, interested persons can purchase a copy of ANSI/WCMA
A100.1-2018 from WCMA, through its website (<a href="http://wcmanet.com">http://wcmanet.com</a>), or by
mail from the Window Covering Manufacturers Association, Inc. 355
Lexington Avenue, New York, NY 10017; telephone: 212.297.2122.
Alternatively, interested parties may inspect a copy of the
[[Page 913]]
standard free of charge by contacting Alberta E. Mills, Division of the
Secretariat, U.S. Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; telephone: 301-504-7479; email: <a href="/cdn-cgi/l/email-protection#72110201115f1d0132110201115c151d04"><span class="__cf_email__" data-cfemail="afccdfdccc82c0dcefccdfdccc81c8c0d9">[email protected]</span></a>.
XI. Request for Comments
The Commission invites interested persons to submit their comments
to the Commission on any aspect of the proposed rule. Comments should
be submitted as provided in the instructions in the ADDRESSES section
at the beginning of this notice.
List of Subjects in 16 CFR Part 1120
Administrative practice and procedure, Clothing, Consumer
protection, Cord sets, Extension cords, Household appliances, Lighting,
Window coverings, Cords, Infants and children, Imports, Incorporation
by reference.
For the reasons stated above, and under the authority of 15 U.S.C.
2064(j), 5 U.S.C. 553, and section 3 of Public Law 110-314, 122 Stat.
3016 (August 14, 2008), the Consumer Product Safety Commission proposes
to amend 16 CFR part 1120 as follows:
PART 1120--SUBSTANTIAL PRODUCT HAZARD LIST
0
1. The authority citation for part 1120 continues to read as follows:
Authority: 15 U.S.C. 2064(j).
0
2. Amend Sec. 1120.2 by adding paragraphs (f) and (g) to read as
follows:
Sec. 1120.2 Definitions.
* * * * *
(f) Stock window covering (also known as a stock blind, shade, or
shading) defined in section 3, definition 5.02, of ANSI/WCMA A100.1-
2018, is a window covering that is completely or substantially
fabricated prior to being distributed in commerce and is a specific
stock-keeping unit (SKU). Even when the seller, manufacturer, or
distributor modifies a pre-assembled product by adjusting to size,
attaching the top rail or bottom rail, or tying cords to secure the
bottom rail, the product is still considered stock. Online sales of the
product or the size of the order such as multi-family housing do not
make the product a non-stock product. These examples are provided in
ANSI/WCMA A100.1-2018 to clarify that as long as the product is
``substantially fabricated,'' subsequent changes to the product do not
change its categorization.
(g) Custom window covering (also known as a custom blind, shade, or
shading) defined in section 3, definition 5.01, of ANSI/WCMA A100.1-
2018, is a window covering that does not meet the definition of a stock
window covering.
0
3. Amend Sec. 1120.3 by adding paragraphs (e) and (f) to read as
follows:
Sec. 1120.3 Products deemed to be substantial product hazards.
* * * * *
(e) Stock window coverings that fail to comply with one or more of
the following requirements of ANSI/WCMA A100.1-2018:
(1) Operating cord requirements in section 4.3.1: section 4.3.1.1
(cordless operating system), 4.3.1.2 (short static or access cord), or
4.3.1.3 (inaccessible operating cord);
(2) Inner cord requirements in sections 4.5, 6.3, 6.7, and
Appendices C and D; and
(3) On-product manufacturer label requirement in section 5.3.
(f) Custom window coverings that fail to comply with one or more of
the following requirements of ANSI/WCMA A100.1-2018:
(1) Inner cord requirements in sections 4.5, 6.3, 6.7, and
Appendices C and D; and
(2) On-product manufacturer label in section 5.3.
0
4. Amend Sec. 1120.4 by adding paragraph (d) to read as follows:
Sec. 1120.4 Standards incorporated by reference.
* * * * *
(d) Window Covering Manufacturers Association, Inc. 355 Lexington
Avenue, New York, New York 10017. telephone: 212.297.2122. <a href="http://wcmanet.com">http://wcmanet.com</a>.
(1) ANSI/WCMA A100.1-2018. American National Standard For Safety Of
Corded Window Covering Products, IBR approved for Sec. Sec. 1102.2(f)
and (g), and Sec. Sec. 1120.3 (e) and (f).
(2) [Reserved]
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2021-27897 Filed 1-6-22; 8:45 am]
BILLING CODE 6355-01-P
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</html>Indexed from Federal Register on January 7, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.