Rule2022-25040
Substantial Product Hazard List: Window Covering Cords
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 28, 2022
Effective
December 28, 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 issuing this final 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 rule amends regulations which list products that the Commission has determined present an SPH.
Full Text
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<title>Federal Register, Volume 87 Issue 227 (Monday, November 28, 2022)</title>
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[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Rules and Regulations]
[Pages 72873-72887]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25040]
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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: Final rule.
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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 issuing this final 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 rule amends regulations which
list products that the Commission has determined present an SPH.
DATES: The rule is effective December 28, 2022. The incorporation by
reference of the publication listed in this rule is approved by the
Director of the Federal Register as of December 28, 2022.
FOR FURTHER INFORMATION CONTACT: Jennifer Colten, Compliance Officer,
Office of Compliance and Field Operations, Consumer Product Safety
Commission, 4330 East West Highway; telephone: 301-504-8165;
<a href="/cdn-cgi/l/email-protection#9ff5fcf0f3ebfaf1dffcefecfcb1f8f0e9"><span class="__cf_email__" data-cfemail="8de7eee2e1f9e8e3cdeefdfeeea3eae2fb">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Overview of the Final Rule
The purpose of the final rule is to address the risk of
strangulation to children 8 years old and younger associated with
hazardous cords on window coverings.\1\ On January 7, 2022 CPSC
published a proposed rule pursuant to 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) 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. 87 FR 891. The Commission received five comments
in support of the rule and is now finalizing the rule as proposed.
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\1\ On November 2, 2022, the Commission voted 4-0 to publish
this final rule, and each Commissioner issued a statement in
connection with their vote.
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The final rule is based on information and analysis contained in
(1) CPSC staff's September 29, 2021, Staff Briefing Package: Notice of
Proposed Rulemaking for Corded Window Coverings (Staff's NPR Briefing
Package),\2\ and (2) CPSC staff's September 28, 2022, Staff Briefing
Package: Final Rule for Corded Window Coverings (Staff's Final Rule
Briefing Package).\3\
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\2\ Staff's NPR Briefing Package is 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>.
\3\ Staff's Final Rule Briefing Package is available at: <a href="https://www.cpsc.gov/s3fs-public/Final-Rules-to-1-Add-Window-Covering-Cords-to-the-Substantial-Product-Hazard-List-and-2-Establish-a-Safety-Standard-for-Operating-Cords-on-Custom-Window-Coverings.pdf?VersionId=nDxz9G5hfDy5k.SnXkqgGKLiDsMK4hpe">https://www.cpsc.gov/s3fs-public/Final-Rules-to-1-Add-Window-Covering-Cords-to-the-Substantial-Product-Hazard-List-and-2-Establish-a-Safety-Standard-for-Operating-Cords-on-Custom-Window-Coverings.pdf?VersionId=nDxz9G5hfDy5k.SnXkqgGKLiDsMK4hpe</a>.
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As proposed, in the final rule the Commission deems 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 Commission deems 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 final rule the Commission determines that:
<bullet> the following are readily observable characteristics of
window coverings: (a) the presence of hazardous operating cords
(accessible operating cords longer than 8 inches in any use position)
on stock window coverings; (b) the presence of hazardous inner cords
(accessible inner cords that create a loop large enough to insert a
child's head) on stock and custom window coverings; 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.
[[Page 72874]]
B. Background and Statutory Authority
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 must 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 there must be
substantial compliance with the voluntary standard. Id.
As explained in more detail in section II.A of this preamble, the
``readily observable'' characteristics of window covering cords 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 include shades, blinds, curtains, and draperies,
among other products. 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.
[GRAPHIC] [TIFF OMITTED] TR28NO22.000
[[Page 72875]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.001
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
[[Page 72876]]
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 final rule 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. The final rule defines a ``stock window
covering'' using the definition of ``Stock Blinds, Shades, and
Shadings'' in section 3, definition 5.02 of ANSI/WCMA-2018, describing
them as a product that is completely or substantially fabricated 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'' prior to distribution in commerce,
subsequent changes to the product do not change its categorization from
``stock'' to ``custom.'' The final rule 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 can pose strangulation hazards to children when
they have cords that 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.
[[Page 72877]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.002
As reviewed in the NPR, children can strangle from mechanical
compression of the neck when they place a window covering cord around
their neck. 87 FR at 894-96. 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 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
[[Page 72878]]
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).
Because a loop acts as a noose when a child's neck is inserted, and
death can occur within 2-3 minutes of a child losing footing, CPSC
concludes that head insertion into a preexisting loop poses a higher
risk of injury than when a cord that does not contain a pre-existing
loop 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.
Based on the data, the Commission also concludes 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).\4\ 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
be familiar 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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\4\ <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 finds that warning labels
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 Commission concludes that
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 that, 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 from the
market 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, for the NPR,
CPSC staff reviewed the data related to these products from 2009
through 2020.\5\ Since extracting data for the NPR, CPSC received 15
additional incidents. Tab A of Staff's Final Rule Briefing Package
details this new incident data. For the final rule, we describe
incidents received from 2009 through 2021. The following analysis
distinguishes between stock and custom window coverings, whenever
feasible.
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\5\ 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 2021. 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 (further information can be found at <a href="https://wonder.cdc.gov/mcd-icd10.html">https://wonder.cdc.gov/mcd-icd10.html</a>). 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 209 reported fatal
and near-miss strangulations on window covering cords that occurred
among children 8 years old and younger from January 2009 through
December 2021. These 209 incidents do not necessarily include all
window covering cord-related strangulation incidents that occurred
during that period. However, these 209 incidents do provide a minimum
number for such incidents during that time frame.
Table 1a provides the breakdown of the incidents by year. Totals
include new incidents received after the NPR data analysis and are
noted in parentheticals below. Because reporting is ongoing and the
number of incidents may grow, and because these reports are anecdotal
and reporting is incomplete, CPSC strongly discourages drawing any
inferences based on the year-to-year increases or decreases shown in
the reported data.
[[Page 72879]]
Table 1a--Reported Fatal and Near-Miss Strangulation Incidents Involving Window Covering Cords Among Children
Eight Years and Younger 2009-2021
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Number of reported incidents
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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........................................................ 10 (1) 5 5 (1)
2018........................................................ 8 4 4
2019........................................................ 11 4 7
2020 *...................................................... 13 (5) 8 (5) 5
2021 *...................................................... 9 (9) 6 (6) 3 (3)
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Total................................................... 209 (15) 100 (11) 109 (4)
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Source: CPSC epidemiological databases CPSRMS and NEISS. Data in () indicate the number of new incidents
received since the NPR data analysis.
Note: * indicates data collection is ongoing.
Among the 15 newly reported incidents, staff identified 11 fatalities
(73 percent) and 4 non-hospitalized injuries (27 percent). The non-
hospitalized injuries resulted in lacerations and abrasions.
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 209 incident window coverings (24
percent) to be stock products, and 36 of the 209 (17 percent) window
coverings as custom products. CPSC staff could not identify the window
covering type in the remaining 123 of the 209 (59 percent) incidents;
65 of the 123 (53 percent) incidents involving an uncategorized window
covering resulted in a fatality.
Table 1b--Reported Fatal and Near-Miss Strangulation Incidents Involving Stock/Custom/Unknown Types of Window
Covering Cords Among Children Eight Years and Younger 2009-2021
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Reported incidents by window covering type
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Incident year Stock (fatal/ Custom (fatal/ Unknown (fatal/
nonfatal) nonfatal) nonfatal) All
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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\) 7 (\4/3\) 10
2018................................... .................. 1 (\0/1\) 7 (\4/3\) 8
2019................................... 1(\0/1\) .................. 10 (\4/6\) 11
2020 *................................. .................. 1 (\1/0\) 12 (\7/5\) 13
2021 *................................. .................. .................. 9 (\6/3\) 9
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Total.............................. 50 (20/30) 36 (15/21) 123 (65/58) 209
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Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: * indicates data collection is ongoing.
One hundred of the 209 incidents (48 percent) reported a fatality.
Among the nonfatal incidents, 16 involved hospitalizations (8 percent).
The long-term outcomes of these 16 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, 79 incidents (38
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. For the NPR, 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. For the 15 new incidents staff found a
similar trend regarding gender; 62 percent of the victims were male and
38 percent were females.
Table 1c provides a breakdown of the incidents by window covering
type. Among the 11 newly reported deaths
[[Page 72880]]
since the NPR data analysis, staff definitively identified the cord
type in 6 deaths. Three deaths (27 percent) involved a pull cord, two
deaths (18 percent) involved a continuous loop, and one death (9
percent) involved inner cord(s); staff had insufficient information to
determine the cord type involved for the remaining five fatal
incidents.
Table 1c--Distribution of Reported Incidents by Types of Window Coverings and Associated Cords 2009-2021
[Numbers in parentheses indicate new reports received since NPR]
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Cord type
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Window covering type Pull Continuous Inner Lifting Tilt
cord loop cord loop cord Unknown Total
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Horizontal........................... 68 (3) 2 4 (1) 0 5 10 89 (4)
Vertical............................. 0 12 (1) 0 0 0 0 12 (1)
Drapery.............................. 0 4 (1) 0 0 0 0 4 (1)
Roman................................ 2 2 19 0 0 1 24
Other *.............................. 2 5 0 0 0 0 7
Roll-Up.............................. 1 0 0 4 0 1 6
Roller............................... 0 9 0 0 0 0 9
Unknown.............................. 1 1 0 0 0 56 (9) 58 (9)
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Total............................ 74 (3) 35 (2) 23 (1) 4 5 68 (9) 209 (15)
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Source: CPSC epidemiological databases CPSRMS and NEISS.
Other *: This category includes cellular and pleated shades.
Subtotal [dagger]: This row shows the incidents that are relevant to the Section 7&9 rule.
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. For the NPR, 2019 was the latest available year
for NCHS data; since then, data for 2020 have become available.
Using the ICD10 code value of W76 (Other accidental hanging and
strangulation), the code most likely to capture strangulation
fatalities among children under 5 (based on empirical evidence from
death certificates maintained in CPSC databases), CPSC staff derived
fatality estimates for 2009 through 2020, presented in Figure 10 below.
An unknown proportion of strangulation deaths is likely coded under
ICD10=W75 (Accidental suffocation and strangulation in bed) as well as
ICD10=W83 (Other specified threats to breathing), which staff cannot
separate out from the non-strangulation deaths because of the
unavailability of any narrative description in these data. Hence,
CPSC's estimates of strangulation deaths are minimums.
A 2002 CPSC report by Marcy et al. \6\ concluded that 35 percent of
all strangulation fatalities among children less than 5 years old were
associated with window covering cords. Assuming that the same
proportion applied for the entire 12-year period 2009-2020, Figure 10
below presents the national estimates for all strangulation fatalities
as well as strangulations involving window covering cords among
children under 5.
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\6\ N. Marcy, G. Rutherford. ``Strangulations Involving Children
Under 5 Years Old.'' U.S. Consumer Product Safety Commission,
December 2002.
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[[Page 72881]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.003
Based on the 2002 study, staff estimates the annual average number
of deaths at 8.1 (or 9, if rounded up to the nearest integer).\7\ We
note that this estimate is consistent with CPSC's actual incident data
over a 12-year period. For example, at the time of this final rule
analysis, the incidents over the 12-year period 2009-2020 report an
average of 7.8 (or 8, if rounded up to the nearest integer) annual
deaths involving window covering cords among children under 8.
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\7\ We received a comment critical of CPSC's use of this 2002
study. At this point in time, we are unaware of other data sources
that would provide information regarding a more current national
trend in window covering cord-related strangulations and the
commenter did not provide an alternate data source.
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F. Applicable Voluntary Standard--ANSI/WCMA-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. Since CPSC staff submitted the NPR Staff Briefing Package in
October 2021, WCMA held multiple meetings with the intent of revising
the ANSI/WCMA voluntary standard, balloting a revised version on July
15, 2022.\8\ The balloted standard is not in effect and does not modify
the provisions in the 2018 standard relevant to this rulemaking.
Accordingly, the final rule to amend part 1120 is based on ANSI/WCMA-
2018.
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\8\ CPSC staff participated in all meetings, and meeting logs
have been placed on the rulemaking docket for custom window
coverings (Docket No. CPSC-2013-0028).
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The 2018 voluntary standard 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, the Commission finds
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. 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. See Tabs G and I of Staff's NPR
Briefing Package; Briefing Memorandum of Staff's Final Rule Briefing
Package (at page 36). 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 longer than 8 inches, if manufacturers give
consumers the option to custom order the products (sections 4.3.2.4
through 4.3.2.7 of ANSI/WCMA-2018).\9\ A hazardous operating cord is
one that a child can access, and that is long enough for a child to
either wrap around their neck (longer than 8 inches), or to insert
their head into a pre-formed loop.
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\9\ Although custom window coverings manufacturers can choose to
meet the operating cord requirements for stock window coverings
(sections 4.3.2.1 through 4.3.2.3), the standard does not require
them to do so. Instead, the standard allows firms to continue
manufacturing and selling custom window coverings that contain
hazardous operating cords (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 final
rule does not include them in the scope of the rule under section
15(j) of the CPSA. The Commission is addressing operating cords on
custom window coverings in a separate rulemaking under sections 7
and 9 of the CPSA; CPSC Docket No. CPSC-2013-0028.
---------------------------------------------------------------------------
The Commission also finds that section 4.5 of ANSI/WCMA adequately
addresses the strangulation risk associated with inner cords on both
stock and custom window coverings. ANSI/WCMA-2018 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 an analysis of the inner cord strangulation hazard on
stock and custom window coverings. Section 4.5 of the ANSI/WCMA-2018
standard adequately addresses the risk of injury associated with inner
cords on stock
[[Page 72882]]
and custom window coverings because, similar to operating cords on
stock products, inner cords must be not present, or must be
inaccessible, or, if inner cords are accessible, the cords must be too
short to create a loop 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 on a
window covering that is unbroken and intact. Id.
Table 2 explains the requirements in in ANSI/WCMA-2018 for
operating cords, inner cords, and the manufacturer label, on stock and
custom window coverings. In the final rule, the Commission deems
failure to follow the provisions in requirements 1 through 5 an SPH,
while the Commission addresses the inadequate provisions in
requirements 6 through 8 in the final rule for operating cords on
custom window coverings under CPSC Docket No. CPSC-2013-0028.
Table 2--Requirements for Stock and Custom Products in ANSI/WCMA-2018
----------------------------------------------------------------------------------------------------------------
Performance requirements in ANSI/ Assessment of the performance
WCMA A100.1-2018 requirement Stock products Custom products
----------------------------------------------------------------------------------------------------------------
1. No operating cords OR........... Adequate..................... Required to have one Allowed/Not Required.
or more of these
options.
2. Short cord with a length equal
to or less than 8 inches in any
state (free or under tension) OR
3. Inaccessible operating cords.
4. Inner cords that meet Appendix C Adequate..................... Required............. Required.
and D.
5. Manufacturer Label that meets Adequate..................... Required............. Required.
section 5.3.
6. Single Retractable Cord Lift Inadequate................... Prohibited........... Allowed/
System (no limit on length of Not Prohibited.
exposed cord when operating).
7. Continuous Loop Operating
System.
8. Accessible Operating Cords
longer than 8 inches.
----------------------------------------------------------------------------------------------------------------
G. Commission Efforts To Address Hazardous Window Covering Cords
1. Petition and Rulemaking
On October 8, 2014, the Commission granted a petition to initiate a
rulemaking to develop a mandatory safety standard for window
coverings.\10\ The petition asked CPSC 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.
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\10\ 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>.
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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 voluntary
standard, ANSI/WCMA-2018, adequately addresses the risk of injury from
operating and inner cords on stock window coverings, and the risk of
inner cord strangulation on custom window coverings. Accordingly, the
Commission is issuing two final rules: (1) this final rule 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, a final rule
that requires that custom window coverings manufactured 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, or by making an accessible cord non-hazardous, as
described in the final rule.\11\
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\11\ The custom window covering final rule provides several
methods for window covering manufacturers to produce safe window
covering options: cordless, short cords 8 inches or less,
inaccessible cords (cord shrouds or retractable cords with a 12-inch
stroke length), and continuous loops contained within a cord or bead
restraining device that meets the requirements of the final rule.
---------------------------------------------------------------------------
2. Window Covering Recalls
As reported in the NPR, during the period January 1, 2009 through
December 31, 2020, CPSC conducted 42 consumer-level recalls, including
two recall reannouncements. 87 FR at 901. 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,\12\ 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. CPSC has not conducted any
window
[[Page 72883]]
covering recalls since December 31, 2020.
---------------------------------------------------------------------------
\12\ 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.
---------------------------------------------------------------------------
H. Comments on the NPR
CPSC received three comments on the section 15(j) rule during the
comment period, and two comments before the comment period began. All
comments generally supported the 15(j) rule and have been placed on the
docket for this rule. Commenters include WCMA (two comments),\13\
Consumer Federation of America, Consumer Reports, and Parents for
Window Blind Safety. Based on staff's assessment of the ANSI/WCMA-2018
standard and all comments in support of the rule, the Commission
finalizes this rule as proposed.
---------------------------------------------------------------------------
\13\ WCMA also submitted its comments on the proposed rule for
operating cords on custom window coverings (Docket CPSC-2013-0028)
on the docket for this final rule under section 15(j) of the CPSA.
Those comments are not generally relevant to the determinations
required for a section 15(j) final rule (readily observable product
characteristics are adequately addressed in a voluntary standard,
and products substantially comply with the voluntary standard), and
so the Commission addresses WCMA's comments in the final rule for
custom window coverings.
---------------------------------------------------------------------------
II. Commission 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 final rule. Table 3 summarizes these requirements. The
final rule deems 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.
Table 3--Readily Observable Characteristics in ANSI/WCMA-2018 for Stock
and Custom Window Coverings
------------------------------------------------------------------------
Readily
Stock window coverings section observable Criterion
of the standard characteristics
------------------------------------------------------------------------
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 Access If present, (b) 8 inches or
Cords: ``The product shall measure the shorter or
have a Short Cord''. length in any
position of the
window covering.
4.3.1.3 Inaccessible Operating If present and (c) Inaccessible
Cords: ``The operating cords longer than 8 using cord
shall be inaccessible as inches, observe accessibility probe.
determined per the test whether
requirements in Appendix C: accessible.
Test Procedure for Accessible
Cords''.
------------------------------------------------------------------------
B. Inner cord
------------------------------------------------------------------------
4.5 Inner Cords: ``All If present, (a) Inaccessible
products with inner cords determine using cord
must meet the requirements in whether accessibility probe
Appendix C and Appendix D.'' accessible. or
Appendix C. Test Procedure
for Accessible Cords.
Appendix D. Hazardous Loop If present, (b) Pull inner cord
Test Procedure. determine and measure to
whether a determine whether
child's head can the opening is less
penetrate the than 17 inches. For
opening. 15(j) purposes, this
is comparable to
inserting a head
probe with a force
of 10 pounds.
------------------------------------------------------------------------
C. Manufacturer label
------------------------------------------------------------------------
5.3 Manufacturer Label: There Presence of a Observe whether the
shall be a permanent label(s) permanent label label is present and
or marking on all finished or marking contains the
window covering products. within or on the following:
headrail or on (a) The name, city,
the roller tube. 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 determines that these characteristics of
operating cords on stock window coverings are ``readily observable''
because, as explained in the NPR, they require visual observation and
measurement to assess conformance with sections 4.3.1.1 through 4.3.1.4
of ANSI/WCMA-2018. 87 FR at 902-04. Additionally, the Commission deems
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.
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, a 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 determines that these characteristics of inner cords on
stock and custom window coverings are ``readily observable'' because,
as detailed in the NPR, 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. 87 FR at 904-
08. The Commission deems 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
[[Page 72884]]
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.''
The Commission determines, as proposed in the NPR, that the absence
of a manufacturer label is readily observable with a visual observation
of the window covering. 87 FR at 908. The Commission deems the absence
of a manufacturer label on a window covering 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 makes 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. More than 28 million window covering units
have been subject to a recall. Product information that aids a recall
is necessary to affect and expedite recalls, especially in cases where
a consumer, such as a renter, did not directly purchase the window
coverings and is reliant on the manufacturer label for product
information.
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 determines that
stock window coverings that comply with section 4.3.1 of the 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; Briefing Memorandum of Staff's Final Rule Briefing
Package (at page 36). 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 approximately
2 decades, for existing window coverings in consumers' homes to be
replaced.\14\
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\14\ For window coverings manufactured 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 have promoted safe window coverings, and
offer guidance on what to do to reduce the strangulation hazard.
---------------------------------------------------------------------------
Based on staff's assessment, the Commission also 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 on a window covering that is unbroken and
intact. Id.
Finally, the Commission 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 that stock window
coverings substantially comply with the requirements for operating
cords in ANSI/WCMA-2018. 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
manufacturers is that, to sell window coverings in the United States,
compliance with the standard is mandatory.
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:
deviations from the default options with no specific customer request
that justified the deviation (e.g., length of operating cords 40
percent longer than the window covering length and use of a cord tilt,
instead of a wand tilt,); lack of warning label; lack of manufacturer
label; and lack of hang tag. Staff found one location with a
noncomplying stock window covering. This stock window
[[Page 72885]]
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 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, as
described in Table 3.
III. Description of the Final Rule
The final rule adds several new paragraphs in part 1120. The final
rule includes two new definitions in Sec. 1120.2(f) and (g), which
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 final 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 final rule defines a ``custom
window covering'' as any window covering that is not classified as a
stock window covering.
Section 1120.3 of the final rule 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 final rule modifies Sec. 1120.3 by adding ``stock window
coverings'' and ``custom window coverings'' as Sec. 1120.3(e) and (f),
respectively. Section 1120.3(e) of the final rule deems 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 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, Sec. 1120.3(f) of the final rule deems 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 final rule adds Sec. 1120.4(d), which provides the
incorporation by reference details for the ANSI/WCMA standard.
IV. Effect of the Final Rule Under Section 15(j) of the CPSA
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. A rule under section 15(j) of the CPSA is not 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, a product that is or has an SPH listed in
16 CFR part 1120 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 may also be subject to
voluntary corrective action or mandatory corrective action under
sections 15(c) and (d) of the CPSA, 15 U.S.C. 2064(c) and (d). Thus, by
issuing a final rule under section 15(j) for stock and custom window
coverings, the Commission can 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, pursuant to the final
rule, stock and custom window coverings that violate the rule are
subject to CBP seizure and forfeiture.
V. Regulatory Flexibility Act Analysis
The Regulatory Flexibility Act (RFA) requires that proposed and
final rules be reviewed for the potential economic impact on small
entities, including small businesses. 5 U.S.C. 601-612. In the NPR, the
Commission stated that the economic effect of the rule on all entities
will be minimal, and that absent public comment with relevant
information and evidence to the contrary, the Commission intended to
certify at the final rule stage that the rule will not have a
significant economic impact on a substantial number of small entities.
87 FR at 910-11. The Commission received no comments on the RFA
analysis presented in the NPR, and we have not found any data that
would alter that analysis. See Tab E of Staff's Final Rule Briefing
Package. Accordingly, for the final rule, the Commission certifies 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 final rule to deem stock and custom
window covering cords that do not comply with the identified
[[Page 72886]]
readily observable characteristics to be an SPH is not expected to have
an adverse impact on the environment, and falls within the
``categorical exclusion'' for the purposes of the National
Environmental Policy Act. 16 CFR 1021.5(c).
VII. Paperwork Reduction Act
Under the Office of Management and Budget's (OMB) 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.'' In the NPR,
CPSC explained staff's assessment that more than 90 percent of the
window covering market already complies with the voluntary standard,
including the requirement in section 5.3 of ANSI/WCMA-2018 to place a
manufacturer label on each window covering. CPSC received no comments
on the burden estimate. For the final rule, CPSC will not establish an
information collection under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3521), because the cost and burden of the label required in
section 5.3 of ANSI/WCMA-2018 is incurred by window covering
manufacturers in the ``normal course of their activities'' and are thus
excluded from the burden estimate because compliance is ``usual and
customary.''
VIII. Preemption
The final rule under section 15(j) of the CPSA does not establish a
consumer product safety rule. Accordingly, the preemption provisions in
section 26(a) of the CPSA, 15 U.S.C. 2075(a), do 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). In the NPR, the Commission proposed that
any stock or custom window coverings that did not conform to the
specified sections of ANSI/WCMA A100.1--2018 (summarized in Table 3),
be deemed an SPH effective 30 days after publication of a final rule in
the Federal Register. We received no comments on the effective date.
Accordingly, the final rule will apply to all stock and custom window
coverings that do not comply with the readily observable
characteristics of ANSI/WCMA-2018, as specified in Table 3 of this
preamble, that are distributed in commerce or imported on or after
December 28, 2022.
X. Incorporation by Reference
The Commission incorporates 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's regulations require that, for a final rule, agencies must
discuss, in the preamble of the rule, ways that the materials the
agency incorporates by reference are reasonably available to interested
persons and how interested parties can obtain the materials. In
addition, the preamble of the rule must summarize the material. 1 CFR
51.5(b).
In accordance with the OFR's requirements, sections I.F, II.A, and
Table 3 of this preamble summarize the provisions of ANSI/WCMA A100.1--
2018 that the Commission is incorporating 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 standard free of charge by contacting
Alberta E. Mills, Office of the Secretary, 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#f390838090de9c80b390838090dd949c85"><span class="__cf_email__" data-cfemail="ff9c8f8c9cd2908cbf9c8f8c9cd1989089">[email protected]</span></a>.
XI. Congressional Review Act
The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that,
before a rule may take effect, the agency issuing the rule must submit
the rule, and certain related information, to each House of Congress
and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must
indicate whether the rule is a ``major rule.'' The CRA states that the
Office of Information and Regulatory Affairs (``OIRA'') determines
whether a rule qualifies as a ``major rule.'' Pursuant to the CRA, OIRA
designated this rule as not a ``major rule,'' as defined in 5 U.S.C.
804(2). To comply with the CRA, CPSC will submit the required
information to each House of Congress and the Comptroller General.
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 amends
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. In Sec. 1120.2, add 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) has the same meaning as defined in section 3, definition 5.02,
of ANSI/WCMA A100.1--2018 (incorporated by reference; see Sec.
1120.4), as 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 (incorporated by reference; see Sec. 1120.4) to
clarify that as long as the product is ``substantially fabricated''
prior to distribution in commerce, subsequent changes to the product do
not change its categorization.
(g) Custom window covering (also known as a custom blind, shade, or
shading) has the same meaning as defined in section 3, definition 5.01,
of ANSI/WCMA A100.1--2018 (incorporated by reference; see Sec.
1120.4), as a window covering that does not meet the definition of a
stock window covering.
0
3. In Sec. 1120.3, add paragraphs (e) and (f) to read as follows:
[[Page 72887]]
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 (incorporated by
reference; see Sec. 1120.4):
(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 (incorporated by
reference; see Sec. 1120.4):
(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. In Sec. 1120.4, add 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, approved January 8, 2018. IBR
approved for Sec. Sec. 1120.2 and 1120.3.
(2) [Reserved]
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-25040 Filed 11-25-22; 8:45 am]
BILLING CODE 6355-01-P
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