Rule2022-25041
Safety Standard for Operating Cords on Custom Window Coverings
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
May 30, 2023
Issuing agencies
Consumer Product Safety Commission
Abstract
The U.S. Consumer Product Safety Commission (Commission or CPSC) has determined that custom window coverings with accessible operating cords longer than 8 inches pose an unreasonable risk of strangulation to children 8 years old and younger. To address this risk of strangulation, the Commission is issuing a final rule under the Consumer Product Safety Act (CPSA) to require that operating cords on custom window coverings meet the same requirements as operating cords on stock window coverings, as set forth in the applicable voluntary standard. The final rule provides several methods to make window covering cords inaccessible or non-hazardous. Because this is a consumer product safety rule, operating cords on custom window coverings must be tested and certified as meeting the requirements of the final rule. Custom window coverings that meet the definition of a "children's product" require third party testing by a CPSC-accepted third party conformity assessment body. Accordingly, the final rule also amends the Commission's regulation that lists children's product rules requiring third party testing.
Full Text
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[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Rules and Regulations]
[Pages 73144-73195]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25041]
[[Page 73143]]
Vol. 87
Monday,
No. 227
November 28, 2022
Part III
Consumer Product Safety Commission
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16 CFR Parts 1112 and 1260
Safety Standard for Operating Cords on Custom Window Coverings; Final
Rule
Federal Register / Vol. 87 , No. 227 / Monday, November 28, 2022 /
Rules and Regulations
[[Page 73144]]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1112 and 1260
[CPSC Docket No. CPSC-2013-0028]
Safety Standard for Operating Cords on Custom Window Coverings
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Consumer Product Safety Commission (Commission or
CPSC) has determined that custom window coverings with accessible
operating cords longer than 8 inches pose an unreasonable risk of
strangulation to children 8 years old and younger. To address this risk
of strangulation, the Commission is issuing a final rule under the
Consumer Product Safety Act (CPSA) to require that operating cords on
custom window coverings meet the same requirements as operating cords
on stock window coverings, as set forth in the applicable voluntary
standard. The final rule provides several methods to make window
covering cords inaccessible or non-hazardous. Because this is a
consumer product safety rule, operating cords on custom window
coverings must be tested and certified as meeting the requirements of
the final rule. Custom window coverings that meet the definition of a
``children's product'' require third party testing by a CPSC-accepted
third party conformity assessment body. Accordingly, the final rule
also amends the Commission's regulation that lists children's product
rules requiring third party testing.
DATES: The effective date of the rule is May 30, 2023, and the rule
will apply to all custom window coverings manufactured after that date.
The incorporation by reference of the publication listed in this rule
is approved by the Director of the Federal Register as of May 30, 2023.
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#ea808985869e8f84aad68bca82988f8cd7" http: cpsc.gov">cpsc.gov</a>">jcolten@<a href="http://cpsc.gov">cpsc.gov</a></a>.
SUPPLEMENTARY INFORMATION:
I. Introduction
On January 7, 2022, the Commission published a notice of proposed
rulemaking (NPR) to regulate operating cords on custom window
coverings. 87 FR 1014 (Jan. 7, 2022). The Commission received over 2000
comments on the proposed rule and, on March 16, 2022, held a public
hearing to receive oral comments on the proposed rule.\1\ 87 FR 8441
(Feb. 15, 2022).\2\ As described in this preamble, after consideration
of the comments, the Commission is now finalizing the rule.\3\ The
final rule is generally consistent with the NPR, but provides two
methods to make operating cords inaccessible under the rule (using a
rigid cord shroud or a retractable cord), and allows use of a loop cord
and bean chain restraining device to prevent formation of hazardous
loops. The final rule 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),\4\ and on information in staff's September 28, 2022, Staff
Briefing Package: Draft Final Rules for Corded Window Coverings
(Staff's Final Rule Briefing Package).\5\
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\1\ Video available at: <a href="https://www.youtube.com/watch?v=ggbi6Tm5egA">https://www.youtube.com/watch?v=ggbi6Tm5egA</a>; Transcript available at: <a href="https://www.regulations.gov/document/CPSC-2013-0028-3663">https://www.regulations.gov/document/CPSC-2013-0028-3663</a>.
\2\ On March 2, 2022, the Commission voted to deny a February
11, 2022 request by the Window Covering Manufacturers Association
(WCMA), to extend the comment period for this rulemaking by 75 days.
The staff's package explaining WCMA's request is available at:
<a href="https://www.cpsc.gov/s3fs-public/NPR-for-Operating-Cords-on-Custom-Window-Coverings-Notice-of-Extension-of-Comment-Period.pdf?VersionId=AHlkvtMCFUiY21f3.fCcNfILlqcTCstT">https://www.cpsc.gov/s3fs-public/NPR-for-Operating-Cords-on-Custom-Window-Coverings-Notice-of-Extension-of-Comment-Period.pdf?VersionId=AHlkvtMCFUiY21f3.fCcNfILlqcTCstT</a>. A Record of
Commission Action on the request is available at: <a href="https://www.cpsc.gov/s3fs-public/RCA-Safety-Standard-for-Custom-Window-Coverings-Notice-of-Extension-of-Comment-Period.pdf?VersionId=.YvybvKXK8VfmPx8GFqgcHH7t3E7ggS6">https://www.cpsc.gov/s3fs-public/RCA-Safety-Standard-for-Custom-Window-Coverings-Notice-of-Extension-of-Comment-Period.pdf?VersionId=.YvybvKXK8VfmPx8GFqgcHH7t3E7ggS6</a>. Although the
Commission denied the comment period extension, the Commission has
received and considered all late-filed comments for this rulemaking.
\3\ 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.
\4\ 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>.
\5\ 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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A. Overview of the Final Rule
The purpose of the final rule is to address the unreasonable risk
of strangulation to children 8 years old and younger associated with
hazardous operating cords on custom window coverings. The Commission
issues this final rule pursuant to sections 7 and 9 of the CPSA, 15
U.S.C. 2056 and 2058, to create a new mandatory standard for operating
cords on custom window coverings. The Commission finds that this rule
is reasonably necessary to address an unreasonable risk of death and
serious injury to children 8 years old and younger associated with
corded custom window coverings, due to the ongoing fatal and nonfatal
incidents, the high severity of the outcomes (death and disability to
children), the availability of cost-effective technologies that address
the hazard, and the inadequacies of parental supervision, warnings,
education campaigns, external safety devices for this class of
products, and the existing voluntary standard for custom products.
The final rule is designed to eliminate the ongoing tragedy of
child deaths on corded custom window coverings. The Commission is aware
of 209 fatal and near-miss strangulations on window covering cords that
occurred among children 8 years old and younger from January 2009
through December 2021. The industry has been long aware of the
strangulation hazard and how to address these deaths and injuries, by
removing accessible cords from window coverings. Finally, in 2018,
after more than 20 years of consideration, the voluntary standards
committee revised the voluntary standard to eliminate the strangulation
hazard on stock window coverings. After this change in the market,
sales of stock products increased, even though the prices of stock
products in some cases doubled.
The final rule will extend the requirements for stock products to
custom window coverings. Staff estimates that compliance with the final
rule will result in a net increase of as little as $24 per household
every approximately 10 years when consumers replace all custom window
coverings in their home. See Table 9, infra, and Tab F of Staff's Final
Rule Briefing Package. This price increase represents only about 5% of
the total costs of replacing all custom window coverings. Id. The
Commission expects that the custom window covering market will absorb
this cost, just as seen in the stock window covering market. This fact
is also observed in the Canadian window covering market. Canada
implemented a rule earlier this year that eliminates hazardous cords on
all window covering products, and the market has reacted with cost-
effective substitutes and redesigned products.
The final rule is consistent with the proposed rule, by requiring
operating cords on custom window coverings to meet identical
requirements for operating cords on stock window coverings, as set
forth in section 4.3.1 of ANSI/WCMA A100.1--2018, American National
Standard for Safety of Corded
[[Page 73145]]
Window Covering Products (ANSI/WCMA-2018). Section 4.3.1 of ANSI/WCMA-
2018 requires stock window coverings to have:
(1) no operating cords (cordless) (section 4.3.1.1);
(2) inaccessible operating cords (section 4.3.1.3); or
(3) operating cords equal to or shorter than 8 inches in any use
position (section 4.3.1.2).
The proposed rule provided requirements for one method, a rigid
cord shroud, for manufacturers to make operating cords inaccessible, to
comply with section 4.3.1.3.
Based on review and consideration of the public comments, the
Commission is providing requirements for an additional method to meet
the ``inaccessible'' requirement under section 4.3.1.3 in the final
rule, a retractable cord, as long as it meets the performance
requirements in the rule. The final rule does not preclude
manufacturers from developing new methods of meeting the
``inaccessible'' requirement in section 4.3.1 of ANSI/WCMA-2018.
However, if manufacturers choose to use a rigid cord shroud or a
retractable cord, these devices must meet the requirements in the final
rule. The final rule also contains requirements for one method to make
accessible continuous loops non-hazardous: loop cord and bead chain
restraining devices. ANSI/WCMA-18 and the draft ANSI/WCMA A100.1--2022,
American National Standard for Safety of Corded Window Covering
Products (draft ANSI/WCMA-2022), allow these three methods to make
cords non-hazardous, with different requirements from the final rule.
Hundreds of commenters requested that we allow these options to remain
for custom products. These methods are allowed in the final rule
provided that they meet durability requirements.
This final rule addresses the unreasonable risk of injury
associated with operating cords on custom window coverings. In a
separate, concurrent rulemaking under section 15(j) of the CPSA, under
CPSC Docket No. CPSC-2021-0038, the Commission is finalizing a rule to
deem a ``substantial product hazard'' (SPH), as defined in section
15(a)(2) of the CPSA: (1) the presence of hazardous operating cords on
stock window coverings; (2) the presence of hazardous inner cords on
stock and custom window coverings; or (3) the absence of a required
manufacturer label on stock and custom window coverings.\6\
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\6\ The preamble to the rule under section 15(j) explains that
the voluntary standard adequately addresses operating cord hazards
associated with stock window coverings, and inner cord hazards
associated with both stock and custom window coverings. Note that
unlike with custom window coverings, ANSI/WCMA-2018 does not include
requirements for additional methods for stock products to meet
section 4.3.1, and most stock products use manual lifting to comply
with the voluntary standard. Regardless, the rule under section
15(j) of the CPSA does not preclude manufacturers from innovating
compliance methods, as long as the products meet the operating cord
requirements in section 4.3.1 of ANSI/WCMA-2018.
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B. Background and Statutory Authority
Window coverings are ``consumer products'' within the jurisdiction
of the CPSC, and subject to regulation under the authority of the CPSA.
See 15 U.S.C. 2052(a)(5). The final rule applies to all custom window
coverings used in residences, in schools, or elsewhere, as long as
consumers have access to the window covering and are subject to a
strangulation hazard. Id. Section 7(a) of the CPSA authorizes the
Commission to promulgate this final rule which sets forth performance
requirements that are reasonably necessary to prevent or reduce an
unreasonable risk of injury or death associated with operating cords on
custom window coverings. 15 U.S.C. 2056(a).
Incident data demonstrate that children can strangle on accessible
window covering cords that are long enough to wrap around their neck.
Accordingly, the performance requirements in the final rule require
that operating cords on custom products meet the requirements for stock
window coverings in section 4.3.1 of ANSI/WCMA-2018, to prevent an
unreasonable risk of injury, strangulation, and death, to children 8
years old and younger, and provides several methods to make operating
cords inaccessible or non-hazardous. Options to eliminate cords or to
make cords inaccessible must be integrated with the product as sold, so
that the safety of custom window coverings does not rely on the
installation of external safety devices (i.e., cord tension device) by
a consumer or an installer.
Section 7(b)(1) of the CPSA requires the Commission to rely on a
voluntary standard, rather than promulgate a mandatory standard, when
compliance with the voluntary standard would eliminate or adequately
reduce the risk of injury associated with a product, and it is likely
that products will be in substantial compliance with the voluntary
standard. 15 U.S.C. 2056(b)(1). As described in section II.F of this
preamble, the Commission finds that custom window coverings
substantially comply with the voluntary standard, ANSI/WCMA-2018.
However, as reviewed in the NPR, section 4.3.2 of ANSI/WCMA-2018 that
applies to custom window coverings, does not adequately address the
risk of injury associated with operating cords on custom window
coverings because it allows for the sale of custom window coverings
equipped with hazardous operating cords. 87 FR 1030-32. A hazardous
cord is one that is not compliant with section 4.3.1 of ANSI/WCMA-2018,
which requires that products be cordless, use cords that are
inaccessible to children, or use cords that are short (equal to or less
than 8 inches) to prevent children from wrapping a cord around their
neck. The NPR explained that the requirements in the rule would address
100 percent of the known operating cord incidents associated with
custom window coverings. Id. at 1031.
Section 9 of the CPSA specifies the procedure that the Commission
must follow to issue a consumer product safety standard under section 7
of the CPSA. The Commission may commence rulemaking by issuing either
an advance notice of proposed rulemaking (ANPR) or an NPR. The
Commission issued an ANPR for corded window coverings, including stock
and custom products, in January 2015 (80 FR 2327 (January 16, 2015)).
Subsequently, in January 2022, the Commission issued two NPRs. The
Commission issued an NPR under section 15(j) of the CPSA for the
hazards addressed by ANSI/WCMA-2018, including operating and inner
cords on stock window coverings, and inner cords on custom window
coverings (87 FR 891 (Jan. 7, 2022)), and issued an NPR under sections
7 and 9 of the CPSA to address operating cords on custom window
coverings (87 FR 1014 (Jan. 7, 2022)).
As required in section 9 of the CPSA, in the NPR for custom window
coverings, the Commission requested comment on the risk of injury
identified by the Commission, the regulatory alternatives being
considered, and other possible alternatives for addressing the risk of
injury. The Commission also requested comments on the preliminary
findings included in the proposed rule. Id. at 1053-54. Section III of
this preamble summarizes and responds to the comments received on the
NPR.
C. Product Description
1. Overview of Window Covering Products
The NPR describes the types of custom window coverings in use and
the types of operating cords and systems for custom window coverings.
87 FR 1015-18. Window coverings include a
[[Page 73146]]
wide range of products, including shades, blinds, curtains, and
draperies. 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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BILLING CODE 6355-01-C
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 4a, a close-up
view of Figure 4, shows two continuous loop operating cords on the same
blind; one cord tilts the slats to open and close the blind, and the
other cord traverses the blind. 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. Window
covering operating systems can vary slightly by window covering type,
but all operating systems fit into one of two general categories:
corded or cordless.
[[Page 73148]]
2. Corded Window Coverings
``Traditional'' or ``corded'' shades and blinds generally have
cords located inside the product (inner cord), to the side of the
product (operating cord or outer cord), or both. The inner cords
between the head rail and bottom rail lift the horizontal slats to
adjust light coming through, as in the case of horizontal blinds, or
lift fabric and similar materials, as in the case of Roman or pleated
shades. The outer cord or operating cord allows the user to raise,
lower, open and close, rotate, or tilt the window covering. Operating
cord systems generally fall into one of three categories: (1) standard;
(2) single cord; and (3) continuous loop. The operating cord in a
standard operating system consists of two or more cords and often
includes a cord locking device to allow the user to set the height of
the window covering. In a single cord operating system, the user can
manipulate the window covering with a pull cord. The operating cord in
a continuous loop operating system uses a single piece of cord or a
beaded metal or plastic chain that is secured to a wall and operates
like a pulley. For example, pulling down the rear half of the loop will
lower the shade, while pulling down the front half of the loop will
raise the shade.
3. Cordless Window Products
Virtually every window covering type is available with a
``cordless'' operating system, which means it has been designed to
function without an operating cord.\7\ Cordless window coverings may
require inner cords, but these can be, and typically are, made
inaccessible. In lieu of an operating cord, cordless operating systems
can be manual or motorized. A manual operating system allows users to
lift or lower the window covering with a handle or directly by hand. A
motorized operating system uses a motor and control system to
manipulate the window covering, such as a remote control or wall
switch. Installation of cordless window coverings that are motorized is
more complicated than manual systems because motorized systems require
a power source.
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\7\ The availability of alternatives to corded window coverings
may sometimes be constrained due to size and weight limitations. See
Lee, 2014. Through market research, staff found several examples of
cordless blinds that are made with a maximum height of 84'' and a
maximum width of 144'' (Tab G of Staff's NPR Briefing Package).
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4. Other Types of Safety Devices
The NPR reviewed safety devices some manufacturers use to isolate
operating cords to make them safer, and assessed whether these methods
address the strangulation risk. 87 FR 1018-19. Alternative safety
devices include, among others: retractable cords, cord cleats, cord
shrouds, cord condensers, and wands. Tab I in Staff's NPR Briefing
Package contains a more detailed description of these devices. In the
NPR, the Commission preliminarily found that these devices, as
addressed in ANSI/WCMA-2018, are inadequate to address the risk of
injury associated with operating cords on custom window products. Id.
However, the Commission requested comment on several methods used to
make operating cords inaccessible, including rigid cord shrouds, a
method included in the NPR, as well as retractable cords and cord and
bead chain restraining devices. 87 FR 1054.
Based on the comments received, and as discussed in section II of
this preamble, the final rule includes additional methods to address
the strangulation risk, including retractable cords and loop cord and
bead chain restraining devices. In the final rule the Commission
strengthens durability and performance requirements for these
additional methods, to address the public comments and to ensure that
use of safety devices does not introduce new hazards, such as from
broken parts. These additional compliance methods allow for products
that have one-handed operation and do not limit consumer accessibility
to window coverings, but still eliminate the strangulation hazard.
5. ``Stock'' and ``Custom'' Window Coverings Defined in the NPR
Like the NPR, 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 operating cord requirements. 87 FR 1019. The
final rule uses the same definition of a ``stock window covering'' as
the NPR, and has the same meaning as the definition of ``Stock Blinds,
Shades, and Shadings'' in section 3, definition 5.02 of ANSI/WCMA-2018.
A ``stock widow covering'' is a completely or substantially fabricated
product prior to being distributed in commerce. 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 ANSI/WCMA-2018. Moreover, under the ANSI
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 also defines a ``custom window covering'' using the
same definition of ``Custom Blinds, Shades, and Shadings'' found in
section 3, definition 5.01 of ANSI/WCMA-2018, which is ``any window
covering that is not classified as a stock window covering.'' The final
rule also includes definitions of ``operating cord,'' ``cord shroud,''
``rigid cord shroud,'' and ``retractable cord,'' as described in
section IV.A of this preamble.
[[Page 73149]]
6. The Window Covering Industry
The total U.S. window covering market size in 2021 was
approximately $6.7 billion \8\ (Euromonitor 2022a). CPSC staff
estimates that firms classified as small by Small Business
Administration (SBA) guidelines account for $3.9 billion annually, and
that none of these firms account for more than three percent of total
market share by revenue (Euromonitor 2022b). The NPR reviewed that,
based on 2017 data, 1,898 firms were categorized as blinds and shades
manufacturers and retailers (Census Bureau, 2020). 87 FR 1019. Of
these, about 1,840 firms (302 manufacturers and 1,538 retailers) are
small. In 2020, three manufacturers accounted for almost 38 percent of
dollar sales in the U.S. window coverings market (Euromonitor 2021a).
Only one of these manufacturers is a publicly held firm. In 2020, the
largest global manufacturer and distributor of window coverings
reported worldwide net sales of $3.5 billion, with North American
window covering sales reported as $1.7 billion. The second largest firm
is privately held, and annual reports are not publicly available.
Estimates of this firm's revenue indicate annual U.S. window covering
revenue in 2020 of approximately $728 million (Euromonitor 2021a). The
third firm is also privately held, and estimates indicate U.S. window
covering revenues in 2020 of approximately $88 million (Euromonitor
2021a). The remainder of the total market size of $6.6 billion is
attributed to firms that each account for less than 3 percent market
share (Euromonitor 2021b). Id.
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\8\ 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).
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A recent study conducted for CPSC (D+R International 2021)
estimated that in 2019, approximately 139 million residential window
coverings were shipped in the United States. Most of these shipments,
59.2 percent, were blinds, while 25.4 percent were shades. When
comparing unit sales data to revenue data, CPSC staff found that while
custom products account for approximately 44 percent of unit sales, a
disproportionate amount of revenue is attributable to custom window
covering products. For example, Roman shades, which are sold almost
always as custom window covering products, account for 1.9 percent of
annual sales in 2019, but generated revenues equal to 2.3 percent of
the total.
7. Retail Prices
As reviewed in the NPR, retail prices for window coverings vary,
depending on the type of the product and retailer. 87 FR 1019; Tab F of
the Final Rule Briefing Package. According to a D+R International
(2021) study, average prices for window coverings range from $54 to $94
for shades and from $25 to $250 for blinds.\9\ Prices for vertical
blinds are generally lower than the prices of horizontal blinds; prices
for roller shades are slightly lower than the prices of Roman and
cellular shades (D+R International 2021).\10\
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\9\ The range for shades is based on average prices for cellular
shades, roller shades, Roman shades, and pleated shades. The range
for blinds is based on average prices for vinyl blinds, metal
blinds, faux-wood blinds, wood blinds, and vertical blinds.
\10\ The D+R review of prices and product availability found
that stock product prices are generally lower than custom products
and that cordless lift systems resulted in an increase in price
except in the case of vertical blinds.
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Consumers can purchase custom sized and custom designed window
coverings from mass merchants, specialty retailers, e-commerce
retailers, and in-home consultation firms. Custom coverings include
uncommon window covering sizes, such as extremely small (e.g., 9 inches
wide x 13 inches high), extremely large (e.g., 96 inches wide x 96
inches high), and other unusual sizes. Retail prices for custom made
window coverings can be as high as $5,000.\11\ Retailers often suggest
in-home measuring and evaluation to estimate the price for custom
designed products, as non-standard sizes or window shapes or motorized
lift systems can require professional installation. Prices for
customized window coverings are on average higher than similar stock
products sold by mass retailers.
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\11\ Based on firms' websites, retail prices for custom-made
Roman shades can range from $300-$5,000.
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8. Window Coverings in Use
CPSC staff calculated an estimate of the number, and statistical
distribution, of custom window coverings in use using CPSC's Product
Population Model (PPM).\12\ Tab F of the Staff Final Rule Briefing
Package. The PPM is a statistical model that projects the number of
products in use given estimates of annual product shipments/unit sales
and information on product failure rates over time. Using the annual
unit shipment estimates from the D+R International (2021) report, along
with estimates on the number of corded products sold/in use, estimates
for the share of custom products sold/in use, and estimates of the
expected product life for window coverings by type provided by WCMA,
staff estimates approximately 145 million corded custom window
coverings in use in the United States in 2020. Table 1 shows the
breakdown and calculation of estimated corded custom products in use,
by type.
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\12\ Lahr, M.L., Gordon, B.B., 1980. Product life model
feasibility and development study. Contract CPSC-C-79-009, Task 6,
Subtasks 6.01-6.06. Columbus, OH: Battelle Laboratories.
Table 1--Estimates of the Number of Corded Custom Window Coverings in Use
--------------------------------------------------------------------------------------------------------------------------------------------------------
[1] [2] [3] [4] [5]
-----------------------------------------------------------------------------------------------------
Number of % of custom % of corded Number of corded custom
products in use products in use products (WCMA Expected product products in use
(millions) (WCMA 2022a) 2022b) life (WCMA 2022b) (millions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Horizontal Blinds................................. 474.24 ................. ................. ................. 76.02
Vinyl/Metal................................... 251.35 20 91.9 6.7 46.20
Wood/Faux Wood................................ 222.89 20 66.9 10.8 29.82
Shades............................................ 280.36 ................. ................. ................. 22.67
Cellular...................................... 94.46 20 21.0 7.2 3.97
Pleated....................................... 40.66 20 31.0 7.5 2.52
Roman......................................... 23.29 20 41.2 8.75 1.92
Roller........................................ 84.27 20 57.3 7.2 9.66
Soft Sheer.................................... 37.69 20 61.1 7.2 4.61
Vertical Blinds................................... 177.84 20 64.8 7.6 23.05
Curtains/Drapery.................................. 212.59 20 54.4 15 23.13
-----------------------------------------------------------------------------------------------------
Total......................................... 1,145.03 ................. ................. ................. 144.87
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 73150]]
D. Hazards Associated With Window Covering Cords
Window covering 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.
BILLING CODE 6355-01-P
[GRAPHIC] [TIFF OMITTED] TR28NO22.006
[GRAPHIC] [TIFF OMITTED] TR28NO22.007
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
[[Page 73151]]
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 as little as 2 kg
(4.4 lbs.) of pressure on the neck may occlude the jugular vein
(Brouardel, 1897); and 3 kg to 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 loss of consciousness
within 15 seconds and death in 2 to 3 minutes (Digeronimo and Mayes,
1994; Hoff, 1978; Iserson, 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).
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 child wraps a cord around his or
her neck. However, 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. As reviewed in
the NPR, 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;
identified difficulty using and installing safety devices for window
coverings among the primary reasons for not using them; and were unable
to recognize the purpose of the safety devices provided with window
coverings (Levi et al., 2016).\13\ 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
almost certainly have window coverings in their homes and may use them
daily. Therefore, even well-designed warning labels will have limited
effectiveness in communicating the hazard on this type of product.
---------------------------------------------------------------------------
\13\ <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>.
---------------------------------------------------------------------------
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 window covering units involved
in incidents had the permanent warning label required by the ANSI/WCMA
standard 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 to requirements for custom window coverings in ANSI/
WCMA-2018, stock window covering requirements in the ANSI/WCMA standard
adequately address the strangulation hazard, by not allowing hazardous
cords on these products; stock window covering requirements do not rely
on consumer action to address the risk of strangulation. Stock window
coverings that comply with the ANSI/WCMA standard inherently minimize
strangulation risk as sold because no consumer or installer action is
required to protect against strangulation of children. Accordingly, the
Commission concludes that the risk of injury associated with custom
window coverings must be addressed through performance requirements for
these products, to ensure that custom window coverings are as safe as
stock window coverings for children 8 years old and younger.
E. Risk of Injury
The incident data demonstrate that regardless of whether a product
is categorized as stock or custom, children are exposed to the same
risk of strangulation from accessible window covering cords. For the
NPR, the Commission presented window covering cord incidents occurring
from 2009 through 2020.\14\ 87 FR 1022-27. Since extracting data for
the NPR, CPSC has received reports of 15 additional incidents. Tab A of
Staff's Final Rule Briefing Package details this new incident data. The
following analysis is based on incidents received from 2009 through
2021, and distinguishes between stock and custom window coverings
whenever feasible.
---------------------------------------------------------------------------
\14\ 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).
---------------------------------------------------------------------------
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, and recent data, particularly for 2021, may be
incomplete. However, these 209 incidents do provide a minimum number
for such incidents during that time frame.
Table 2a provides the breakdown of the incidents by year. Totals
include new incidents received after the NPR data analysis, which are
noted in parentheticals below. Because reporting is ongoing and the
number of incidents may grow, and because these reports are anecdotal,
inferences should not be drawn from the year-to-year variations in the
reported data.
[[Page 73152]]
Table 2a--Reported Fatal and Near-Miss Strangulation Incidents Involving Window Covering Cords Among Children
Eight Years and Younger 2009-2021
----------------------------------------------------------------------------------------------------------------
Number of reported incidents
---------------------------------------------------
Incident year Fatal Near-miss
Total strangulations strangulations
----------------------------------------------------------------------------------------------------------------
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)
---------------------------------------------------
Total................................................... 209 (15) 100 (11) 109 (4)
----------------------------------------------------------------------------------------------------------------
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 2b expands on Table 2a 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. Where staff could identify a product
type, custom products made up 42% (36 out of 86) of the incident
products. CPSC staff could not identify the window covering type in the
remaining 123 of the 209 incidents (59 percent); 65 of the 123
incidents (53 percent) involving an uncategorized window covering
resulted in a fatality.
Table 2b--Reported Fatal and Near-Miss Strangulation Incidents Involving Stock/Custom/Unknown Types of Window
Covering Cords Among Children Eight Years and Younger 2009-2021
----------------------------------------------------------------------------------------------------------------
Reported incidents by window covering type
--------------------------------------------------------------------
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) 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
--------------------------------------------------------------------
Total.................................. 50 (20/30) 36 (15/21) 123 (65/58) 209
----------------------------------------------------------------------------------------------------------------
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 incidents
identified in the NPR for which gender information is 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 pattern regarding gender; 62 percent of the
victims were male and 38 percent were females.
[[Page 73153]]
Table 2c provides a breakdown of the incidents by window covering
type. Among the 11 newly reported deaths since the NPR analysis, staff
definitively identified the cord type in 6 deaths. Three deaths (27
percent of all newly reported deaths) involved a pull cord, 2 deaths
(18 percent) involved a continuous loop, and 1 death (9 percent)
involved inner cord(s); staff had insufficient information to determine
the cord type involved for the remaining 5 fatal incidents.
Table 2c--Distribution of Reported Incidents by Types of Window Coverings and Associated Cords 2009-2021
[Numbers in parentheses indicate new reports received since NPR]
----------------------------------------------------------------------------------------------------------------
Cord type
-----------------------------------------------------------------------
Window covering type Pull Continuous Inner Lifting Tilt
cord loop cord loop cord Unknown Total
----------------------------------------------------------------------------------------------------------------
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)
-----------------------------------------------------------------------
Subtotal [dagger]................... 74 (3) 35 (2) ....... ........ 5 68 (9) 182 (14)
-----------------------------------------------------------------------
Total........................... 74 (3) 35 (2) 23 (1) 4 5 68 (9) 209 (15)
----------------------------------------------------------------------------------------------------------------
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.\15\ 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.
---------------------------------------------------------------------------
\15\ N. Marcy, G. Rutherford. ``Strangulations Involving
Children Under 5 Years Old.'' U.S. Consumer Product Safety
Commission, December 2002.
---------------------------------------------------------------------------
[[Page 73154]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.008
Based on the 2002 study, staff estimates the annual average number
of deaths due to window coverings at 8.1.\16\ 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
annual deaths involving window covering cords among children under 8
years old.
---------------------------------------------------------------------------
\16\ 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.
---------------------------------------------------------------------------
F. ANSI/WCMA-2018 History and Description
The NPR detailed CPSC staff's decades-long efforts to work with the
Window Covering Manufacturers Association beginning in 1995 on an
American National Standards Institute voluntary standard to address the
strangulation hazard to young children from accessible cords on window
coverings. 87 FR 1027-28. Importantly, after several versions of a
voluntary standard failed to adequately address the strangulation risk,
on January 8, 2018, ANSI published a revision to the window coverings
standard, ANSI/WCMA A100.1--2018, that adequately addressed the
operating and inner cord strangulation hazard for stock window
coverings, and the inner cord hazard for custom products. WCMA updated
the 2018 version the standard in May 2018, and the standard went into
effect on December 15, 2018. That standard did not, however, adequately
address the operating cord hazard for custom products.
ANSI/WCMA-2018 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).
Although manufacturers of custom window coverings can opt to meet
the operating cord requirements for stock window coverings (sections
4.3.2.1 through 4.3.2.3 for custom window coverings are identical to
4.3.1.1 through 4.3.1.3), ANSI/WCMA-2018 allows the sale of corded
window coverings that do not meet this standard, such as on some custom
order products (sections 4.3.2.4 through 4.3.2.6). Table 3 demonstrates
the operating cord systems allowed on custom window coverings that are
prohibited on stock window coverings in ANSI/WCMA-2018.
Table 3--ANSI/WCMA-2018 Operating and Inner Cord Requirements for Stock and Custom Window Coverings
----------------------------------------------------------------------------------------------------------------
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.
2. Short cord with a length equal or more of these
to or less than 8 inches in any options.
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.
[[Page 73155]]
6. Single Retractable Cord Lift Inadequate................... Prohibited........... Allowed/Not
System (no limit on length of Prohibited.
exposed cord when operating).
7. Continuous Loop Operating
System.
8. Accessible Operating Cords
longer than 8 inches.
----------------------------------------------------------------------------------------------------------------
Section 4.3.2 of ANSI/WCMA-2018 contains additional requirements
for custom products, including:
(1) operating cords must have a default length of 40 percent of the
blind height (previously unlimited) (4.4);
(2) a wand is the default option for tilting slats (instead of a
cord) (4.4.1.1); and
(3) warning labels must depict more graphically the strangulation
hazard associated with cords (5.1).
Section II of this preamble assesses the adequacy of requirements
for operating cords on stock and custom window coverings in ANSI/WCMA-
2018 to address the hazards associated with corded window coverings.
Based on staff's assessment, the Commission finds that ANSI/WCMA-2018
adequately addresses the risk of strangulation on operating cords for
stock window coverings, by removing operating cords, ensuring that they
are inaccessible to children, or by making them too short for a child
to wrap around his or her neck. However, consistent with Table 3, the
Commission finds ANSI/WCMA-2018 does not adequately address the risk of
injury associated with operating cords on custom window coverings,
because custom products can still be sold to consumers with hazardous
operating cords.
G. Development of Draft Revised ANSI/WCMA Voluntary Standard
After the publication of the NPR on January 7, 2022, WCMA brought
forth several proposals to revise requirements for custom window
covering cords in ANSI/WCMA-2018, resulting in a final draft revision
that went to ballot on July 15, 2022.\17\ The ballot closed on August
15, 2022. CPSC staff voted negative on the ballot based on staff's
analysis of the draft standard. Staff assessed as inadequate to address
the risk of injury the requirements for tension devices used with
continuous loop operating systems, the requirements for retractable
cords, and tests for rigid cord shrouds and loop cord and bead chain
restraining devices.\18\ Although the draft ANSI/WCMA-2022 has not been
adopted, and thus an assessment of this draft is not necessary for this
rulemaking, CPSC nonetheless discusses the draft revised standard in
section II.D of this preamble, based on Tab I of Staff's Final Rule
Briefing Package. The draft ANSI/WCMA-2022 standard improves some
requirements for operating cords on custom window coverings, but
continues to allow accessible operating cords and loops that are long
enough to wrap around a child's neck.
---------------------------------------------------------------------------
\17\ From December 2021 through May 2022, CPSC staff
participated in meetings held by ANSI/WCMA to discuss updating the
voluntary standard. Tab C of Staff's Final Rule Briefing Package
contains a more detailed description of staff's participation.
Meeting logs and staff's correspondence have been placed on the
docket for this rulemaking.
\18\ CPSC staff letter is available at <a href="https://www.regulations.gov/document/CPSC-2013-0028-3667">https://www.regulations.gov/document/CPSC-2013-0028-3667</a>.
---------------------------------------------------------------------------
On September 23, 2022, WCMA issued a recirculation ballot due to
negative votes cast for the original balloted revisions. In addition to
CPSC staff, Consumer Federation of America, Independent Safety
Consulting, LLC, and Parents for Window Blind Safety voted negative. As
explained in Tab C of Staff's Final Rule Briefing Package, the
reballoting does not resolve the concerns identified by CPSC staff.
H. 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.\19\ 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 published an ANPR seeking information and
comment on regulatory options for a mandatory rule to address the risk
of strangulation to young children on window covering cords, and then
subsequently published two NPRs, under different authorities, to
address the risk of injury.
---------------------------------------------------------------------------
\19\ 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://www.cpsc.gov/Global/.Newsroom/FOIA/CommissionBriefingPackages/2015/PetitionRequestingMandatoryStandardforCordedWindowCoverings.pdf">https://www.cpsc.gov/Global/.Newsroom/FOIA/CommissionBriefingPackages/2015/PetitionRequestingMandatoryStandardforCordedWindowCoverings.pdf</a> on
(<a href="http://cpsc.gov">cpsc.gov</a>).
---------------------------------------------------------------------------
The Commission is now finalizing both rules. The rule under section
15(j) of the CPSA is being finalized as proposed. See CPSC Docket
Number CPSC-2021-0038. This rule under sections 7 and 9 of the CPSA is
being finalized consistent with the NPR, but provides that rigid cord
shrouds, retractable cords, and loop cord and bead chain restraining
devices are all methods that can be used to make window covering cords
inaccessible or non-hazardous. All of these devices are sold integrated
with a custom window covering, and contain additional requirements in
the final rule to ensure that any cords remain inaccessible or if
accessible, non-hazardous, and that the test methods ensure durability
over the use of the product.
2. Window Covering Recalls
Since January 1, 2009, CPSC has conducted 42 consumer-level window
covering 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,\20\ including Roman shades and blinds, roll-up
blinds, roller shades, cellular shades, horizontal blinds, and vertical
[[Page 73156]]
blinds. The recalled products also included stock products, which can
be purchased off the shelf by consumers, and custom products, which are
made-to-order window coverings based on a consumer's specifications,
such as material, size, and color.
---------------------------------------------------------------------------
\20\ This estimate does not include the recalled units of Recall
No. 10-073. This was a December 15, 2009 industry-wide recall
conducted by members of the Window Covering Safety Council (WCSC).
An exact number of recalled products was not stated in the recall
announcements.
---------------------------------------------------------------------------
II. Assessment of Operating Cord Requirements for Stock and Custom
Window Coverings
Consistent with the NPR, the final rule requires that operating
cords on custom window coverings meet the same requirements as those
for operating cords on stock window coverings, as provided in section
4.3.1 of ANSI/WCMA-2018. Additionally, based on the comments received,
the final rule includes rigid cord shrouds and retractable cords as
methods to make operating cords on custom window coverings inaccessible
to children, and loop cord and bead chain restraining devices as a
method to prevent the formation of hazardous loops. Below we provide an
overview of the engineering and human factors analysis of the
requirements for stock and custom window coverings in ANSI/WCMA-2018,
assess the balloted draft revision (draft ANSI/WCMA-2022), and evaluate
the available technologies to make window coverings safer for children.
We also explain the changes made in the final rule in response to the
comments received on the NPR.
A. Engineering Assessment of Operating Cord Requirements in ANSI/WCMA-
2018
1. Stock Window Coverings
As stated in the NPR, the requirements for operating cords on stock
window coverings in ANSI/WCMA-2018 are adequate to address the risk of
strangulation associated with window coverings. 87 FR 1030-31. Staff
analyzed the incident data for window coverings, which indicated that
the largest proportion of deaths, irrespective of window covering type,
involved operating cords (most frequently tangled or knotted cords,
followed by cord(s) wrapped around the child's neck). The voluntary
standard recognizes that long and accessible cords can pose a
strangulation hazard. ANSI/WCMA-2018 defines the ``operating cord'' as
the portion of a cord that the user interacts with and manipulates to
move the window covering in a certain direction (e.g., lifting or
lowering, traversing, rotating). If a child wraps a long operating cord
around their neck, or inserts their neck into a cord loop created by
the design of the window covering or by tangled cords, the child can
strangle to death within minutes. ANSI/WCMA-2018 provides three ways
that a stock window covering can comply with the standard to reduce or
eliminate the risk of children strangulating on operating cords:
a. No Operating Cords (section 4.3.1.1). Having no operating cords
eliminates the strangulation hazard associated with operating cords.
Consumers use a mechanism, other than an operating cord, to accomplish
the desired movement action (i.e., lifting, lowering, traversing). For
example, a spring mechanism on a horizontal blind allows the user to
lift and lower the blind via the bottom rail of the window covering.
b. Short Cord with a Length Equal to or Less Than 8 Inches in Any
State (section 4.3.1.2). Based on the anthropometric dimensions of the
youngest child involved in an incident, a static cord length of 8
inches or shorter is insufficient to strangle a child, because the neck
circumference of a fifth percentile 6- to 9-month-old child is 8 inches
(BSI, 1990, as cited in Norris and Wilson, 1995). Because a child would
need some extra length of cord to hold the cord out and wrap it around
their neck, staff calculated that a cord must be longer than 8 inches
to cause strangulation. The requirements for stock products in ANSI/
WCMA-2018 rely on this 8 inch operating cord limit, requiring that
operating cords must be 8 inches or shorter, or must be made
inaccessible, to address the strangulation risk. The Canadian window
covering regulation has a similar requirement, limiting accessible cord
lengths to about 8.7 inches.
c. Inaccessible Operating Cords Determined Per the Test Requirement
in Appendix C of the ANSI/WCMA-2018 (section 4.3.1.3). If a window
covering has an operating cord that is longer than 8 inches, ANSI/WCMA-
2018 requires that the cord must be inaccessible to children. Having
inaccessible cords effectively eliminates the strangulation hazard
associated with operating cords, because the child is unable to access
a cord to cause strangulation. Accordingly, this requirement is tested
using a probe that is intended to simulate the finger size of a young
child; the diameter of the probe is 0.25 inches, based on fifth
percentile 2- to 3.5-year-old's index finger diameter (Snyder et al.,
1977) at 0.33 inches and the off-the-shelf availability of a 0.25-inch
diameter dowel pin. If the probe cannot touch the operating cord, the
cord is then deemed inaccessible, pursuant to ANSI/WCMA-2018.
Figure 11 displays an example of a rigid cord shroud. In Figure 11,
the accessibility probe cannot touch the operating cord because it is
surrounded by the cord shroud. Therefore, the window covering in Figure
11 meets section 4.3.1.3 of ANSI/WCMA-2018, because the operating cord
is inaccessible.
[[Page 73157]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.009
The Commission concludes that ANSI/WCMA-2018 adequately addresses
the strangulation hazard posed by accessible operating cords on stock
window covering products, because the standard either eliminates
accessible operating cords, or it limits the length of the cord so that
it is too short for a child to strangle.
2. Custom Window Coverings
As stated in the NPR, requirements for operating cords on custom
window products in section 4.3.2 of ANSI/WCMA-2018 do not adequately
address the risk of strangulation to children 8 years old and younger,
because ANSI/WCMA-2018 allows custom window coverings to be sold with
hazardous operating cords if they are custom ordered. 87 FR 1031-32. Of
the 36 custom window covering incidents reviewed by staff, 31 (86%)
incidents were related to operating cords (including pull cords and
continuous loops). CPSC has determined that had the requirements in
section 4.3.1 of the ANSI/WCMA standard for operating cords on stock
products been in effect for custom window coverings, the requirements
would have prevented 100 percent of the incidents involving operating
cords on custom window coverings.
The 2018 version of the voluntary standard added two new
requirements for custom window coverings to mitigate the strangulation
hazard: (1) default maximum operating cord length of 40 percent of the
blind height when the product is fully lowered, and (2) a default tilt
wand option, instead of a cord, for tilting slats. However, ANSI/WCMA-
2018 still allows hazardous operating cords to be part of the window
covering design for custom products, which can comply with ANSI/WCMA-
2018 using any of the methods below, all of which pose strangulation
risks:
(a) Accessible Operating Cords longer than 8 inches (section
4.3.2.6). By allowing operating cords on custom window coverings to
exceed 8 inches in length, ANSI/WCMA-2018 creates a continuing
unreasonable risk of injury to children 8 years old and younger.
Section 4.3.2.6 of ANSI/WCMA-2018 allows hazardous operating cords,
meaning operating cords that are long enough for a child to wrap around
their neck, or multiple cords that can become tangled and create a loop
large enough for a child to insert their head. Even though ANSI/WCMA-
2018 attempts to reduce the strangulation risk by shortening the
default length of the cord to 40 percent of the window covering's
length (section 4.4) and specifying the tilt wand as the default option
versus tilt cords (section 4.4.1.1), as explained in Tab I of Staff's
NPR Briefing Package, and in section II.C of the NPR, the risk
associated with operating cords remains.
(b) Continuous Loop Operating System (section 4.3.2.5). This
operating system requires that the operating loop be kept taut with a
tension device. However, as observed in the incident data, a child can
still insert their head into the continuous loop if it is not taut
enough; in addition, tension devices may not be attached to the wall,
which results in a free loop. Including the data reviewed since the
NPR, CPSC staff identified 25 fatal strangulations involving a
continuous corded loop without a functional tension device (e.g., no
device on the loop, device on the loop but not attached to a fixed
surface, or broken device).\21\ Moreover, staff identified various
scenarios where a head probe could be inserted into the hazardous loop
from an installed continuous loop with an ANSI/WCMA-compliant tension
device attached to the wall. Staff also identified mis-installation or
failure modes that will leave a hazardous loop on a custom product
throughout its life cycle, starting from its installation.\22\ In all
these circumstances, a continuous loop operating system is not
sufficient to prevent strangulation of a child.
---------------------------------------------------------------------------
\21\ Tab I of Staff's NPR Briefing Package, section II.C of the
NPR.
\22\ Tab I of Staff's Final Rule Briefing Package.
---------------------------------------------------------------------------
We received more than 420 comments stating that continuous loops
with properly attached tension devices are safe and should not be
eliminated by the rule. These comments, however, are inconsistent with
incident data, and CPSC staff's assessment of tension devices. Because
of the risk of serious injury and death to children created by these
devices, absent adequate safety features, the rule will not allow these
devices to be sold with custom window coverings unless there is also an
integrated, durable, safety feature that will adequately address the
hazard. Specifically, the final rule will allow continuous loop systems
if the product integrates a loop cord or bead chain restraining device
that meets revised requirements in the final rule, including tests to
ensure durability, such as an ultraviolet (UV) test, followed by a
cyclic test, and a deflection test, as set forth in Sec. 1260.2(d) of
the final rule and explained in more detail in section II.E of this
preamble.
(b) Single Retractable Cord Lift System (section 4.3.2.4). This
method of complying with ANSI/WCMA-2018 allows an operating cord on a
custom window covering to be pulled out to any length to operate the
window covering, provided that it then retracts to a shorter length
when the user releases the cord.
[[Page 73158]]
Retractable cord lift systems with an extended cord greater than 8
inches, and a low retraction force so that a child can access that
length, allow a child to manipulate the cord and wrap the cord around
their neck. Accordingly, the retractable cord requirement, as written
in ANSI/WCMA-2018 for operating cords on custom window coverings, is
not adequate to address the risk of injury, because the maximum cord
length and a minimum pull force required to operate the system are not
specified in the standard.
CPSC requested comment in the NPR on whether additional
requirements for retractable cords, such as a maximum exposed cord
length and a minimum pull force for a single retractable cord lift
system, could address the strangulation hazard. 87 FR 1031-32. More
than 140 commenters requested that retractable cords be allowed for use
on custom window coverings. To address the comments, and to adequately
address the risk of injury, the final rule allows for the use of single
retractable cord systems provided they meet the additional requirements
in the rule. Section 1260.2(c) requires that retractable cord systems
complete retraction at 30 grams, have a non-cord retraction device, and
have a stroke length equal to or less than 12 inches below the
headrail. Retraction at 30 grams is the amount of force required to
pull back the retractable cord fully into the headrail, to ensure that
the cord remains inaccessible after use. A non-cord retraction device
means that the product must use something other than a cord for the
user to interact with to operate the window covering, such as a wand. A
stroke length is the fixed amount of exposed cord available when a user
pulls the retraction device down to lower or raise the window covering.
In section II.E below, we assess that these additional requirements,
including requirements for durability testing, will adequately address
the strangulation hazard associated with accessible window covering
cords.
3. Window Covering Technologies
The NPR reviewed safer window covering technologies to address the
strangulation hazard in use on stock and custom window coverings,
including cordless window coverings, window coverings with rigid cord
shrouds, and cordless motorized window coverings. 87 FR 1032. Operating
cords can be made inaccessible with passive guarding devices that allow
the user to operate the window covering without the direct interaction
of a hazardous cord. These types of window coverings use rigid cord
shrouds, integrated cord/chain tensioners, or crank mechanisms. Id.
Cordless blinds can be raised and lowered by pushing up the bottom
rail or pulling down the rail. This same motion may also be used to
adjust the position of the horizontal slats for light control. Through
market research, CPSC staff found several examples of cordless blinds
that are made with a maximum height of 84 inches and a maximum width of
144 inches.
Rigid cord shrouds can be retrofitted over various types of window
coverings to enclose pull cords and continuous-cord loops. A rigid cord
shroud allows the user to use the pull cords while eliminating access
to the hazardous cords. CPSC staff worked with WCMA and other members
from March through December 2018, to develop draft requirements to test
the stiffness of ``rigid cord shrouds,'' by measuring the deflection
and deformation.\23\
---------------------------------------------------------------------------
\23\ The 2018 standard tests rigid cord shrouds for UV stability
and impact.
---------------------------------------------------------------------------
The NPR included requirements for rigid cord shrouds based on the
deflection and deformation test previously developed by the ANSI/WCMA
members. The final rule retains the requirements for two tests, as
proposed in the NPR: the ``Center Load'' test and the ``Axial Torque''
test, to ensure the stiffness and the integrity of the shroud so that
the enclosed operating cord does not become accessible when the shroud
is twisted. The Center Load test verifies the stiffness of the cord
shroud, by measuring the amount of deflection in the shroud when a 5-
pound force is applied at the mid-point. This test ensures that the
shroud is not flexible enough to wrap around a child's neck. The Axial
Torque test verifies that the cord shroud's opening does not enlarge to
create an accessible cord opening when the shroud is twisted. Tab H of
Staff's NPR Briefing Package contains additional detail on the
requirement. The final rule maintains these requirements in Sec.
1260.2(b). However, the final rule contains one clarification that
rigid cord shrouds must also meet the UV and durability testing for
cord shrouds in section 6.3 of ANSI/WCMA-2018.
The NPR also discussed crank mechanisms and cordless motorized
blinds as safer alternatives to replace corded continuous-loop systems.
87 FR 1032. Cordless custom window coverings are allowed in the final
rule pursuant to Sec. 1260.2(a). Crank mechanisms are also allowed
under Sec. 1260.2(a) if the crank mechanism replaces the operating
cord.
B. International Standards for Window Covering Operating Cords
The NPR identified and assessed three international standards for
operating cords on window coverings: (1) Australian, (2) Canadian, and
(3) European. 87 FR 1032-22. The NPR stated that ANSI/WCMA-2018 is more
stringent than the Australia Regulation, 2010 F2010C00801, and the
European regulations, EN 13120, EN 16433 and EN 16434. However, the NPR
stated that ANSI/WCMA-2018 is not as stringent as the new Canadian
regulation, SOR/2019-97. Canada's window covering regulation states
that any window covering cord that can be reached must be too short for
a 1-year old child to wrap around their neck (i.e., not more than 22 cm
(8.66 inches) in length) or form a loop that a 1-year-old child can
pull over their head (i.e., not more than 44 cm (17.32 inches) in
circumference). Id. Canada's regulation also requires that all window
coverings meet one of the following conditions:
<bullet> Section 4: The cord shall be unreachable/inaccessible.
<bullet> Section 5 and 6: Reachable/accessible cords shall be 22 cm
(8.66 inches) or less when pulled with 35N (7.87 lbf).
<bullet> Section 7: Reachable/accessible looped cords shall be 44
cm (17.32 inches) or less in perimeter when pulled with 35N (7.87 lbf).
Both the Canadian standard and the ANSI/WCMA stock window covering
requirements do not permit a long, accessible operating cord. The
Canadian standard is more stringent, however, because the Canadian
standard applies to both stock and custom products, while the ANSI/WCMA
standard contains separate requirements for stock and custom products,
which allow long, accessible operating cords on custom products. Id.
Although the Canadian standard is similar to the ANSI/WCMA's stock
window covering requirement, there are some differences. The NPR
explained how the standards differ in the definition of an ``accessible
cord,'' stating that the ANSI/WCMA-2018 standard has a more stringent
definition. Id. Additionally, in Tab F of Staff's Final Rule Briefing
Package, staff explains that the Canadian standard has a more stringent
inner cord pull force requirement than ANSI/WCMA-2018; although staff
assesses that the pull force in the ANSI/WCMA standard is adequate to
address the risk of injury.
[[Page 73159]]
C. Human Factors Assessment of Operating Cord Requirements in ANSI/
WCMA-2018
Operating cord requirements for stock window coverings in section
4.3.1 of ANSI/WCMA-2018 effectively eliminate the strangulation hazard
associated with operating cords for stock window coverings. However,
section 4.3.2 of ANSI/WCMA-2018 sets different requirements for
operating cords on custom window coverings. Manufacturers can choose to
meet the same requirements as stock products (cordless, inaccessible,
or 8 inches or shorter) to comply, but the standard continues to allow
operating cords that are accessible and that are longer than 8 inches,
such as single retractable cord lift systems (with no stroke length
limit), continuous loop operating systems, and standard operating
systems. Thus, the ANSI standard allows free-hanging and accessible
cords on custom window coverings that do not eliminate the
strangulation hazard associated with operating cords.
1. Default Requirements for Custom Operating Cords Allow Accessible
Cords
In the earlier versions of the ANSI/WCMA standard, the standard
contained no specified length for operating cords. However, ANSI/WCMA-
2018 added the following two requirements for custom window coverings,
which are intended to reduce the hazard associated with free-hanging
and accessible operating cords:
<bullet> Section 4.4 of ANSI/WCMA-2018 requires that the default
cord length should be no more than 40 percent of the product height
when the window covering is fully lowered. The exception is when a
custom length is required to ensure user accessibility. Figure 12 shows
the length of operating cords that are longer than 40 percent of
product height and shorter cords that comply with this new requirement.
<bullet> Section 4.4.1 requires that a wand tilt be the default
operating system, and cord tilt be an allowable customer option (Figure
12). The length requirement in section 4.4 still applies to tilt cords.
[GRAPHIC] [TIFF OMITTED] TR28NO22.010
CPSC has concerns with longer operating cords that would comply with
the requirements in sections 4.4 and 4.4.1 because:
<bullet> The length of operating cords can still be hazardous when
the window covering is fully lowered. First, a child can wrap the cord
around their neck; about 8 inches of cord is enough to encircle the
child's neck.\24\ Additionally, multiple cords can tangle and create a
loop into which a child can insert their head; a loop with a
circumference of about 17 inches is sufficient for child's head to
enter.\25\ Figure 13 shows these two scenarios.
---------------------------------------------------------------------------
\24\ Neck circumference of fifth percentile 6- to 9-month-old
children is 8 inches (BSI, 1990 as cited in Norris and Wilson,
1995).
\25\ Head circumference of fifth percentile 6- to 9-month-old
children is 16.5 inches (Snyder et al., 1977).
---------------------------------------------------------------------------
[[Page 73160]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.011
<bullet> Operating cord(s) will get longer as the window covering
is raised, making it easier for a child to access and manipulate the
hazardous operating cord. For example, a 60-inch-tall window blind with
a 24-inch long (i.e., 40 percent, consistent with section 4.4 of ANSI/
WCMA-2018) operating cord can have an operating cord that is as long as
84 inches when the blind is fully raised.
<bullet> If the cord tilt option is chosen, the cord tilt can also
be long enough for a child to wrap around their neck or be tangled and
create a loop in which a child's head can enter.
<bullet> Firms typically allow consumers to easily change the
default options during the custom order process, thus, maintaining a
firm's ability to continue to sell accessible operating cords that
exceed 8 inches long, posing a strangulation hazard.
Incident data show that children have strangled on operating cords
in various ways. As reported in the incident data in section I.E of the
NPR, and Tab A of Staff's NPR Briefing Package, custom window coverings
were involved in at least 35 incidents. Table 4 shows how children
accessed window covering cords. In 14 incidents, the child climbed on
an item, including a couch, chair, toy chest, or dog kennel, and
accessed the cord. In four cases, a child was on a sleeping surface,
including a bed (2), playpen, and a crib. In six incidents, a child was
able to reach the cord from the floor.
Table 4--Child's Interaction Scenario in Incidents Associated With
Custom Products
------------------------------------------------------------------------
Number of
Scenario incidents
------------------------------------------------------------------------
Climbed on an item to reach the cords...................... 14
On floor................................................... 6
On bed, in playpen or crib................................. 4
Unknown.................................................... 11
------------
Total.................................................... 35
------------------------------------------------------------------------
The incident data demonstrate that accessible cords that are longer
than 8 inches are hazardous. For example, the data show that even if
operating cords are kept close to the window covering head rail, with
some means, children climb and access the cords. Additionally, a
significant number of operating pull cord incidents occurred in fully
or partially raised window coverings, which reduces the benefit of
having a default length of 40 percent of the window covering height in
the fully lowered position of the window covering, because the cords
will get longer as the product is raised.\26\ Based on these data, the
Commission concludes that the requirements in sections 4.4 and 4.4.1 of
the ANSI/WCMA-2018 standard are inadequate because they continue to
allow accessible and long cords to be part of the window covering.
---------------------------------------------------------------------------
\26\ A total of 36 out of 46 pull cord incidents when position
of the window covering was known have occurred with partially or
fully raised window covering (1996 to 2016 incidents).
---------------------------------------------------------------------------
2. Warning Labels in ANSI/WCMA-2018, Alone, Are Inadequate To Address
the Strangulation Hazard Associated With Operating Cords
The ANSI/WCMA-2018 standard requires that corded custom window
covering products have warning labels regarding the strangulation
hazard to children, as summarized below:
<bullet> A warning label must be permanently attached to the bottom
rail, including a pictogram depicting the hazard of a cord wrapped
around a child's neck. The content explains the strangulation hazard
and what consumers need to do to avoid the hazard (keeping cords out of
children's reach, shortening cords to prevent reach, moving crib and
furniture away).
<bullet> A similar warning label must be placed on product
merchandising materials which includes, but is not limited to, the
sample book and the website (if the website is relied upon for
promoting, merchandising, or selling on-line).
<bullet> A warning tag containing a pictogram and similar text as
above must be placed on accessible cords, including operating cords,
tension devices that are intended to keep continuous loops taut, and on
inner cords of a roll up shade.
Formatting of warning labels in the ANSI standard is required to
follow ANSI Z535 standards.\27\ This includes a signal word
(``WARNING'') in all uppercase letters, measuring not less than \5/16\
in (8 mm) in height and preceded by an ANSI safety alert symbol (i.e.,
an equilateral triangle surrounding an exclamation point) of at least
the same size, the rest of the warning message text be in both
uppercase and lowercase letters, with capital letters measuring not
less than \1/8\ in (3 mm). A Spanish version of the label is also
required.
---------------------------------------------------------------------------
\27\ The ANSI Z535 Series provides the specifications and
requirements to establish uniformity of safety color coding,
environmental/facility safety signs and communicating safety
symbols. It also enables the design, application, use and placement
of product safety signs, labels, safety tags and barricade tape.
---------------------------------------------------------------------------
[[Page 73161]]
Among the 36 incidents involving custom products, at least 16 of
the incident units had a visible, permanent warning label, as displayed
in Table 5.\28\ In some cases, parents reported that they were aware of
the cord hazard, but never thought their child would interact with a
cord; in a few cases, parents were aware of the operating cord hazard
but not the inner cord hazard. In some cases involving bead chains,
parents thought that the connector clip on the bead chain loop was
supposed to break away. None of the incident units had a hang tag. One
unit had the hang tags tucked into the head rail, which was discovered
when the unit was removed.
---------------------------------------------------------------------------
\28\ In two cases, staff examined exemplar units.
Table 5--Presence of Permanent Warning Labels in Incident Units
------------------------------------------------------------------------
Number of
Permanent label present incidents
------------------------------------------------------------------------
Yes........................................................ 18
Mostly peeled off.......................................... 1
No......................................................... 7
Unknown.................................................... 10
------------
Total.................................................... 36
------------------------------------------------------------------------
As stated above, warning labels are unlikely to effectively reduce
the strangulation risk due to 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.
3. Certain Safety Devices Are Inadequate To Address the Risk of
Strangulation
ANSI/WCMA-2018 requires that custom products with accessible
operating cords include cord cleats with instructions for use and
mounting. The standard also requires that custom products with a
continuous-loop operating system contain a cord tension device. Figure
14 shows examples of cord cleats and tension devices.
[GRAPHIC] [TIFF OMITTED] TR28NO22.012
(a) Cord Cleats
When a cord cleat is installed, the consumer must wrap the cord
around the cleat every time the product is raised or lowered to
mitigate the strangulation hazard, which means that the user's active
involvement is necessary every time. Furthermore, cord cleats can be
accessed by a child if they climb onto something, like a couch or
chair. In one incident, although caregivers normally wrapped the cord
around the cleat, on the day of the incident, cords were not wrapped,
and the child accessed the cords after climbing on a couch.
(b) Tension Devices
ANSI/WCMA-2018 requires that a tension device be attached to the
cord or bead chain loop by the manufacturer, and also requires that
removal of the device demand a sequential (i.e., multi-step) process or
tools. The voluntary standard also requires window coverings to be
designed so that they are prevented, at least partially, from
operating, unless the tension device is properly installed. The
standard also requires that the tension device be supplied with
fasteners and instructions and meets the durability test requirements.
Reliance on safety devices that consumers must use or install
separately from the window covering operating system is problematic for
several reasons. First, this is not an ideal approach from the
consumer's perspective because securing safety devices goes beyond the
installation of the window covering itself, and increases the time and
effort required to use the product. Second, safety devices usually
require drilling holes on the wall or windowsill, which may not be
permissible for renters and may not be desirable by homeowners. Third,
the requirement that window coverings be designed so that they are at
least partially prevented from operating, unless the tension device is
properly installed, has not proven to be effective. CPSC staff has
determined that a head probe (simulating a child's head) can be
inserted into a tensioned loop cord; and as described below, there are
reported strangulation incidents involving this scenario and others
where tensioners were present.
Among the 36 incidents involving custom products, 13 had continuous
loop cords or bead chains. In one non-injury incident, the child was
able to insert his head through the loop even though a professional
installer had attached the tension device to a wall. In two incidents,
a tension device was attached to the cord but not to the wall. In one
incident, the tension device had broken prior to the incident and not
been repaired. In five incidents with continuous loops or bead chains,
a tension device was not installed or present. The reports on the
remaining four incidents contain no mention of a tension device.
(c) Consumer Perception of Non-Integrated Safety Devices
Some consumers may believe that because they do not expect to have
young children living with them or visiting them, installation of
external safety devices, such as tension devices and cord cleats, is
unnecessary. But custom window coverings last approximately 10 years,
and so they can be expected to remain in the home for a long time.
Unforeseen visits by children can occur in that period, and when homes
are sold, or new renters move in, the existing window coverings,
[[Page 73162]]
if they are functional, usually remain installed and become hazardous
to visitors and new occupants with young children.
Finally, CPSC issued a contract to investigate the effectiveness of
safety devices in reducing the risk of a child's access to hazardous
cords and loops on window coverings.\29\ The research objective was to
provide CPSC with systematic and objective data on the factors that
impact installation, use, and maintenance of window covering safety
devices; assess how these factors impact the likelihood of correct
installation, use, and maintenance; and identify how the factors relate
to the goal of reducing children's access to hazardous cords and loops
on window coverings. Major findings from the study point to:
---------------------------------------------------------------------------
\29\ <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>.
---------------------------------------------------------------------------
(i) A general awareness about cord entanglement among caregivers
does not translate to precautionary action, due partly to the
insufficient information provided at the point of sale;
(ii) Lack of awareness of the speed and mechanism of the injury
that may lead to caregivers' underestimating the importance of
providing an adequate level of supervision;
(iii) Difficulty using and installing safety devices as primary
reasons for not using them; and
(iv) Inability to recognize the purpose of the safety devices
provided with window coverings.
In general, participants in the study preferred a cordless window
covering or a passive mechanism, which does not require intentional
action by the user. The researchers concluded that there could be
benefits from enhancing the public's awareness and understanding of the
unique nature of incidents (e.g., speed, mechanism) and explaining a
child's vulnerability in all rooms in the home, and that providing
specific information at the point of sale could be partially helpful.
However, these improvements would be incremental, and increasing the
use of cordless window coverings would be needed to achieve significant
benefits.
For the final rule, the Commission determines that safety devices
that are external to the window covering product and require
installation and/or consumer interaction to make the cord less
hazardous, are ineffective to adequately reduce the risk of injury from
strangulation. However, the final rule does provide for use of passive
safety devices, such as cord shrouds and loop cord and bead chain
restraining devices, to adequately address the risk of injury, provided
that the passive safety device is integrated with the product before
sale, and does not require use or installation of an external safety
device.
4. Relying on Parental Supervision Is Inadequate
For many years, CPSC has identified cords on window coverings as a
hidden hazard. If young children are left unsupervised for even a few
minutes in a room that is considered safe, such as a bedroom or family
room, they can wrap a cord around their neck, insert their head into a
cord loop, and be injured or die silently.
Even when supervision is present, the level of supervision varies,
and distractions and other limitations to supervision exist. For
example, CPSC has incident reports involving five near-fatal
strangulations, in which the parent was either nearby, or in the same
room. Among the 36 incidents involving custom products, incident
location is known for 34 incidents. In 18 incidents, the child was in a
room shared by the family members, such as a family room, living room,
and sunroom. Eleven of 18 incidents were not witnessed, whereas five
were witnessed by an adult, and two incidents occurred in the company
of other children. Almost all the incidents (15/16) that occurred in a
bedroom were unwitnessed (Table 6).
Behavioral research supports these incident reports. People cannot
be perfectly attentive, particularly over long periods, regardless of
their desire to do so (Wickens & Hollands, 2000). Caregivers are likely
to be distracted, at least occasionally, because they must perform
other tasks, are exposed to more salient stimuli, or are subject to
other stressors, such as being responsible for supervising more than
one child. In fact, research by Morrongiello and colleagues (2006)
indicates that older toddlers and preschool children (2 through 5 years
old) are regularly out of view of a supervising caregiver for about 20
percent of their awake time at home, and are completely unsupervised
for about 4 percent of awake time in the home. The most common rooms in
which children were left alone and unsupervised, according to the
research, were the living or family room and the bedroom.
Table 6--Location of Incidents and Whether the Incidents Were Witnessed
------------------------------------------------------------------------
Location Fatal Nonfatal
------------------------------------------------------------------------
Bedroom:
Witnessed by children.............................. 1 .........
Not witnessed...................................... 9 6
Family/Living/Dining room:
Witnessed by Adult................................. ...... 5
Witnessed by children.............................. ...... 2
Not witnessed...................................... 5 6
Unknown.............................................. ...... 2
------------------
Grand Total........................................ 15 21
------------------------------------------------------------------------
5. Assessment of Operating Cord Requirements for Window Coverings
CPSC staff evaluated the requirements that apply to operating cords
on stock window coverings in section 4.3.1 of ANSI/WCMA-2018: no
operating cords, short operating cords 8 inches or shorter, or
inaccessible operating cords determined per the test requirement in
Appendix C of ANSI/WCMA-2018. Having no operating cords effectively
eliminates the strangulation hazard associated with operating cords
because there is no cord to cause strangulation; therefore, this is an
adequate requirement. Having a short cord that does not exceed 8 inches
of length in any position of the window covering also effectively
eliminates the strangulation hazard associated with operating cords;
the neck circumference of fifth percentile 6- to 9-month-old children
is 8 inches (BSI, 1990 as cited in Norris and Wilson, 1995), therefore,
this is an adequate requirement. Ensuring that the operating cords are
inaccessible is another adequate requirement. This requirement is
tested in ANSI/WCMA-2018 using a probe that is intended to simulate the
finger size of a young child. If the probe cannot touch the cords, the
cord is then deemed inaccessible. Staff assessed that child
anthropometry and strength-related inputs to develop these requirements
are adequate to address the strangulation risk associated with
hazardous cords.
To effectively address the unreasonable risk of strangulation
associated with operating cords on custom window coverings, the final
rule contains the same requirements for operating cords on custom
window coverings that are required in the voluntary standard for stock
window coverings. Additionally, the final rule specifically approves
two methods to make operating cords inaccessible (rigid cord shroud or
retractable cord), and one method to prevent the formation of a
hazardous loop on a continuous-loop system (loop cord or bead chain
restraining device).
[[Page 73163]]
6. Addressability of Incidents With the Final Rule
Table 7 displays incident data for the custom and stock (and
unknown) product categories, by cord type. If the custom window
coverings involved in the incident data had complied with the
requirements in the final rule for operating cords, meaning complying
with the requirements for stock products in section 4.3.1 of ANSI/WCMA-
2018, 91.1 percent (31/34) of the custom product incidents for which
cord type is known would have been prevented. All of the remaining
custom product incidents for which cord type is known would have been
addressed by complying with the voluntary standard for inner cords,
which will be codified as mandatory in the final rule under section
15(j) of the CPSA.
Table 7--Stock/Custom/Unknown Window Coverings Involved in Incidents and Cord Types
[All reported data combined]
----------------------------------------------------------------------------------------------------------------
Continuous Inner Lifting Operating Tilt Grand
Stock/custom loop cord loop cord cord Unknown total
----------------------------------------------------------------------------------------------------------------
Custom.............................. 13 3 0 18 0 2 36
Stock............................... 3 14 1 24 2 6 50
Unknown............................. 19 6 3 32 3 60 123
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Grand Total..................... 35 23 4 74 5 68 209
----------------------------------------------------------------------------------------------------------------
7. Accessibility Concerns
Section 9(e) of the CPSA, 15 U.S.C. 2058(e), requires that the
Commission consider the special needs of elderly and handicapped
persons to determine the extent to which such persons may be adversely
affected by such rule. At least 383 commenters stated that having a
short cord introduces accessibility issues for various consumers,
including people in wheelchairs or people who are otherwise challenged
to reach elevated access cords; and these commenters urge that these
consumers still need a corded product. Similarly, some commenters
stated that the proposed rule is not compliant with the Americans with
Disabilities Act (ADA). In that regard, the Department of Justice has
published accessibility standards called the 2010 ADA Standards for
Accessible Design (2010 ADA Standards). The 2010 ADA Standards set
minimum requirements for newly designed and constructed or altered
state and local government facilities, public accommodations, and
commercial facilities to be readily accessible to and usable by
individuals with disabilities. Sections 308.2 and 308.3 of the 2010 ADA
Standards specify forward and side reach distances.\30\ For example, an
unobstructed high forward reach and high side reach shall be 48 inches
(Figures 15-18).
---------------------------------------------------------------------------
\30\ Department of Justice (2010). 2010 ADA Standards for
Accessible Design, accessed at: <a href="https://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf">https://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf</a>.
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BILLING CODE 6355-01-P
[[Page 73164]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.013
In Tab B of Staff's Final Rule Briefing Package, staff assesses
that alternative solutions can safely replace the existing hazardous
cords, such as rigid cord shrouds and loop cord and bead chain
restraining devices, which can allow access at about the same height as
corded products. Additionally, retractable cords can be made accessible
with a rigid wand or handle to an easy-to-access height. Moreover,
poles are available to reach the bottom of cordless products.
Under the ADA, operable parts of the window covering need to be
operable with one hand and not require tight grasping, pinching, or
twisting of the wrist; the force required to activate operable parts
must be five pounds maximum. Traditional operating cords and continuous
loop bead chains and cords require tight pinching and grasping to
operate. However, window coverings that are compliant with the
mandatory rule would likely have interfaces, such as rigid cord
shrouds, which would meet the ADA requirement, by avoiding pinch grip,
and instead using hand grip.
Also, rigid cord shrouds, loop cord and bead chain restraining
devices, and retractable devices can be easier to operate from behind
furniture, compared to continuous loops that are attached to a wall.
Figure 19 illustrates a comparative assessment. If the continuous loop
is not attached to a wall, then it is easier to access (by leaning to
grab it) and operate, but it poses a strangulation risk (left); if a
tension device is attached to a wall, it is not easy for consumers to
access (middle); on the other hand, a rigid cord shroud is not less
accessible, and it is operable behind the furniture while also being
safe (right).
[[Page 73165]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.014
Lastly, if continuous loops with tension devices were allowed as an
option in homes where accessing the cord is an issue, continuous loops
might not be attached to the wall, particularly in locations where a
continuous loop is difficult to access when the cord is kept taut via a
tension device. Based on the incident data, staff concludes that it is
reasonably foreseeable that not only a consumer, but also a
professional installer, may follow an elderly or disabled consumer's
request not to install the tension device and remove it from the cord
loop in homes where accessibility is an issue. By contrast, products
manufactured with a safer option would be both accessible to a disabled
user and protective of child safety.
Finally, as explained in more detail in section II.E of this
preamble, the Commission is approving in the final rule three methods
that not only make window coverings safer, but also may be suitable for
hard-to-reach locations and for persons with disabilities.
8. Information and Education
Since 1985, CPSC has been warning of the danger of child
strangulation due to corded window coverings. Every October, CPSC
participates jointly with Window Covering Safety Council (WCSC) in
National Window Covering Safety Month to urge parents and caregivers to
check their window coverings for exposed and dangling cords and to take
precautions. Both CPSC and WCSC recommend cordless window coverings at
homes where young children live or visit.
In addition to traditional communication methods, CPSC reaches out
to consumers using social media, such as safety blogs and online chats,
to create awareness of the hazards associated with corded window
coverings. Given the long history of continuing injuries and deaths
despite window covering safety campaigns, the campaigns have not
adequately eliminated or reduced the hazard.
D. Assessment of the Balloted Draft ANSI/WCMA-2022 Standard
After the publication of the NPR on January 7, 2022, WCMA brought
forth several proposals to revise the requirements for custom window
covering cords in ANSI/WCMA-2018. On July 15, 2022, WCMA issued a
ballot to revise ANSI/WCMA-2018 (draft ANSI/WCMA-2022) and the ballot
closed on August 15, 2022. The draft balloted ANSI/WCMA-2022 standard
includes safety improvements from the ANSI/WCMA-2018 standard. These
include: elimination of free-hanging operating and tilt cords,
elimination of cord loop lift systems, elimination of continuous cord
loop systems for horizontal blinds, and adding deflection and
deformation tests for rigid cord shrouds.
Section 9(b)(2) of the CPSA requires the Commission to rely on a
voluntary standard if the voluntary standard is likely to reduce the
risk of injury and products within the scope of the standard will
likely substantially comply with the voluntary standard. For section
9(b)(2) of the CPSA to apply, such voluntary standard must be ``in
existence,'' meaning approved by the voluntary standards organization.
ANSI/WCMA has not yet approved the balloted draft voluntary standard.
Accordingly, the Commission will not rely on the draft balloted ANSI/
WCMA-2022 standard for the final rule. In addition, Tab I of the
Staff's Final Rule Briefing Package contains a detailed analysis of the
draft standard, which finds inadequacies in the proposal that we
summarize below.
1. Modified requirements for single-cord retraction devices:
Although draft ANSI/WCMA-2022 eliminates cords attached to the
Operating Interface (i.e., the part of the cord retractor that the
operator pulls on) to prevent the creation of a hazardous loop, the
draft revision allows a maximum stroke length of 36 inches. In Tab B of
Staff's Final Rule Briefing Package, CPSC staff assesses this revision
to be inadequate to eliminate the strangulation hazard, because a 36-
inch extended cord could allow a child to wrap the cord around his/her
neck.
2. Additional requirements for tension devices used with continuous
loop operating systems:
a. The modification in section 6.3.1 of the balloted standard
requires tension devices to be attached to the cord or bead chain loop
by the manufacturer, and be designed, placed, and shipped such that,
unless properly installed, or unless altered from the shipped condition
with sequential process (requiring two or more independent steps to be
performed in a specific order) or tools, it prevents the window
covering from operating fully. This draft requirement does not ensure
that tension devices will be effective for the life of the window
covering. For example, if an installer cuts the zip tie that is
sometimes used to connect tension devices to the headrail, then the
tension device would have been altered from its shipping condition with
a tool, and operation of the window covering without the tension device
would be consistent with section 6.3.1. Therefore, this requirement
still allows consumers or the installer to set up the window covering
in an unsafe manner while either in a fully operable state by removing
the tension device from the loop, or in a partially operable state, by
[[Page 73166]]
leaving the tension device on the loop, but not attaching it on the
wall.
b. The modification in section 6.3.2, states that the manufacturer
shall attach the tension device to the cord or bead chain loop by means
of a permanent assembly method. This requirement is intended to ensure
that if an installer or consumer attempts to remove the tension device,
the device or component will break. CPSC staff is aware of an incident
involving a tension device that used one-way snap features, as
permitted by the balloted draft standard. The snap features broke off,
exposing the continuous loop cord (Figure 20 below, from In-Depth
Investigation (IDI)). This incident shows that a permanent assembly
method requirement does not ensure that the tension device will remain
assembled. CPSC staff assesses that this provision is inadequate to
address the risk of injury, because even if the tension device breaks,
the looped cord will not necessarily be damaged. Therefore, for hard-
to-reach locations, or for people who do not want holes in their walls,
removing the tension device may be preferable, and the window covering
will remain fully operable.
[GRAPHIC] [TIFF OMITTED] TR28NO22.015
c. The modification in section 6.3.3 of the balloted draft
standard, states: ``the tension device in conjunction with the product
shall maintain tension on the operating cords when properly installed.
If the tension device is installed in a location that does not maintain
tension on the operating cords, the tension device will prevent the
window covering from operating as designed for full operation of the
product. The window covering may not operate independently of the Cord
or Bead Chain Loop.''
The draft standard defines ``Tension'' as ``The applicable,
consistently applied force required to eliminate or prohibit the
creation of a hazardous loop in any operating position.'' Yet, in
testing a tension device identified as compliant with the draft
standard, CPSC staff determined that an amount of tension that allowed
full operation of the window covering still allowed a head probe to be
inserted into the loop (Figure 21 below).
[[Page 73167]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.016
Accordingly, staff has concluded that a properly installed tension
device that would be acceptable under the balloted standard still
allows an accessible hazardous loop, which is also observed in one
incident (Figure 23).
Additionally, while the draft ANSI/WCMA-2022 requires the tension
device to prevent the window covering from operating, as designed, for
full operation of the product, the window covering can be operated
partially, as shown in Figure 23. An incident that occurred in 2005 had
a window covering with a ``universal cord tensioner'' that limited the
operability of the window covering unless the tension device was
installed. The plastic universal cord tensioner piece was hanging
freely from the cord and not attached to the wall (Figure 24),
reflecting that diminished utility was not sufficient motivation for
the landlord or residents to repair or replace the tensioner.
[[Page 73168]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.017
BILLING CODE 6355-01-C
3. Exempting curtains and draperies from the scope of the standard.
While the balloted draft standard does not require safety measures to
prevent cord injuries with draperies and curtains, CPSC staff has
identified at least four fatalities involving draperies and curtains;
all deaths were a result of continuous loops. There are multiple
cordless options available for draperies, including wands and motorized
controls, as well as simply pulling the draperies on the traverse rod
by hand, with no cord or other control.
E. Changes in the Final Rule
The Commission, therefore, is finalizing the rule generally as
proposed, requiring custom window coverings to meet the requirements
for stock window coverings in section 4.3.1 of ANSI/WCMA-2018, meaning
that custom window coverings must be cordless, have short cords (8
inches or
[[Page 73169]]
less), or the cords must be made inaccessible. The final rule allows,
as proposed, a rigid cord shroud that meets the requirements of the
rule as a method of making standard operating systems (pull cords) and
continuous cord loop operating system inaccessible.
Based on the comments, the Commission considered including in the
final rule other methods of making operating cords inaccessible or
preventing the formation of hazardous loop. As stated in the NPR, and
discussed above, continuous cord loop operating systems with external
tension devices that are attached on a wall or windowsill can pose a
strangulation hazard, because they require the consumer or installer to
properly install them to eliminate the hazard, and because external
tension devices can break, be removed, or not be installed.
Accordingly, they are not acceptable under the final rule. However,
passive devices that make an operating cord inaccessible--meaning those
installed on the product itself by the manufacturer that cannot be
easily defeated, uninstalled, or break, such as a rigid cord shroud for
operating cords and a loop cord or bead chain restraining device on a
continuous cord loop operating system--eliminate the strangulation
hazard and the need to rely on a consumer or installer to make the
product safe as installed. The final rule allows these solutions.
Below we explain the requirements associated with these provisions
of the final rule. We also set out specific requirements for large
window coverings, which are included within the scope of the final
rule.
1. Requirements for Rigid Cord Shrouds
The requirements for rigid cord shrouds are being finalized, as
proposed. However, the requirements are now contained in Sec.
1260.2(b) of the regulation text, as opposed to Sec. 1260.2(b) and
(c), so that the test method for rigid cord shrouds are contained in a
single section of the rule. The final rule eliminates hazardous
continuous cord loop operating systems; however, manufacturers can
still use standard operating systems (operating pull cords or
continuous cord loop operating systems) if the cord is not accessible
when tested to the requirements of the rule. A rigid cord shroud that
meets the rule makes the cords on a continuous cord loop operating
system or standard operating system inaccessible.
ANSI/WCMA 2018 defines a ``cord shroud'' as a device or material
added to limit the accessibility of a cord or formation of a hazardous
loop. Per section 4.3.2.5.2 of the 2018 standard, one of the ways that
accessible cords (continuous cord loops and standard operating systems)
can meet the standard is to contain the cords in a rigid cord shroud
that meets the requirements in sections 6.3.1 (Appendix C: Test
Procedure for Accessible Cords) and 6.3.2 (durability, impact, and
operational cycle tests). The final rule clarifies in Sec. 1260.2(b)
that rigid cord shrouds must meet the requirements in section 6.3.
Additionally, as proposed, rigid cord shrouds must also meet the
deflection and deformation tests described in Sec. 1260.2(b)(1) and
(2). Rigid cord shrouds can be used to enclose continuous cord or bead
chain loops. Tab C of Staff's Final Rule Briefing Package contains
examples, including pictures of rigid cord shrouds and how they
operate.
Staff found two window coverings currently on the market that use
rigid cord shrouds. Staff purchased and evaluated these products. Based
on staff's examination and the available products on the market, rigid
cord shrouds are used to operate window coverings up to at least 76.75
inches (stock) to 96-inches tall (retro-fit, meaning after-market).
CPSC's engineering staff further concluded, as described in Tab C of
Staff's Final Rule Briefing Package, that a rigid cord shroud can be
designed to operate window coverings more than 96 inches tall, if the
shroud is made from more rigid materials, such as metal, that meet the
deflection requirements in the final rule.
Large rigid cord shrouds may require additional development and
tooling for continuous cord loop operating systems with window shades
more than 96 inches tall; however, existing shrouds should not require
major redesigns because these products have already been developed and
only require adjustments to the head and the length of the cord shroud
to fit the window covering. Based on engineering staff's review of the
rigid cord shrouds currently on the market, which includes shrouds on
window coverings up to 96 inches, the Commission finds that extensive
development is unnecessary for custom manufacturers to incorporate
rigid cord shrouds for window coverings that currently use a continuous
bead chain operating system. For these reasons, the Commission
determines that a continuous cord loop operating system with a rigid
cord shroud could be manufactured to operate window coverings of all
sizes and meet the requirements of the final rule.
2. Requirements for Loop Cord and Bead Restraining Devices
The NPR discussed that, unlike tension devices, loop cord and bead
chain restraining devices are designed and installed by the
manufacturer onto the window covering, are integral to the window
covering, and do not need to be attached on the wall to keep the loop
taut. The NPR requested comment on the adequacy of loop cord and bead
chain restraining devices to address the risk of strangulation on
custom window coverings. 87 FR 1031. CPSC received hundreds of comments
from businesses opposing elimination of continuous cord loop operating
systems to meet the requirements of the rule.
ANSI/WCMA-2018 defines a ``cord and bead chain restraining device''
as a device that prevents the creation of a hazardous loop from an
accessible continuous operating cord. According to section 6.5 of the
ANSI/WCMA-2018, loop cord and bead chain restraining devices must be
subjected to durability, UV stability, and impact testing, and must
pass the hazardous loop testing procedure to confirm that a loop cord
and bead chain restraining device prevents the creation of a hazardous
loop from an accessible continuous cord loop. Tab C of Staff's Final
Rule Briefing Package provides staff's assessment that loop cord and
bead chain restraining devices are technically feasible to incorporate
into custom window coverings, and that they address the continuous cord
loop strangulation hazard by preventing the formation of a hazardous
loop. However, staff advises that the test sequence identified in
section 6.5 of ANSI/WCMA-2018 is not representative of real-world
scenarios, and recommends exposing the device to UV light first, and
then conducting the operational cyclic test. Staff also recommends
incorporating a deflection test that is similar to the one provided in
the NPR for rigid cord shrouds to improve the safety of these products
by preventing bending to an extent that a child could wrap it around
their neck.
The Commission will allow loop cord and bead chain restraining
devices (as defined in Sec. 1260.1 of the final rule) as a permissible
way to make accessible continuous cord loop operating systems non-
hazardous. However, the final rule modifies the requirements for cord
and bead chain restraining devices from those in section 6.5 of ANSI/
WCMA-2018, to adequately address the risk of strangulation associated
with accessible operating cords on custom window coverings.
Specifically, the final rule:
<bullet> Adds a deflection requirement for loop cord and bead chain
restraining
[[Page 73170]]
devices that prevents bending of the device to an extent that a child
could wrap it around their neck, similar to the deflection requirements
for rigid cord shrouds as stated in Sec. 1260.2(b) of the final rule.
<bullet> Tests one sample to section 6.5.2.2 of ANSI/WCMA-2018, UV
Stability, followed by testing to section 6.5.2.1, Operational Cycle
Test. This change in test order will simulate real world conditions of
a loop cord and bead chain restraining device exposed to sunlight and
operated over the life of the window covering.
3. Requirements for Retractable Cords
In the NPR, the Commission tentatively determined that the
retractable cord requirement, as written in ANSI/WCMA-2018 for
operating cords on custom window coverings, is not adequate to address
the risk of injury, because the maximum cord length and a minimum pull
force required to operate the system are not specified in the standard.
CPSC requested comments on whether additional requirements for
retractable cords, such as a maximum exposed cord length and a minimum
pull force for a single retractable cord lift system, can address the
strangulation hazard. 87 FR 1031.
The Commission received at least 149 comments stating that
retractable cords are safe based on the lack of incidents, and that
because retractable cords have not been involved in incidents,
retractable cords should not be eliminated by a mandatory standard. A
June 21, 2022 letter from consumer advocates to WCMA suggests that
retractable cords be allowed in the voluntary standard with the
following text: ``All cords must be inaccessible. The maximum allowable
cord length is 12 inches from the headrail.'' \31\
---------------------------------------------------------------------------
\31\ Letter can be found at: <a href="https://www.regulations.gov/document/CPSC-2013-0028-3664">https://www.regulations.gov/document/CPSC-2013-0028-3664</a>.
---------------------------------------------------------------------------
The 12-inch exemption is, in part, based on the required steps that
a child would need to go through with a retractable cord for it to pose
a hazard. Tab B of Staff's Final Rule Briefing Package. Consistent with
WCMA's recommendation, CPSC staff considered that while the smallest
neck circumference of youngest children at risk, 6- to 9-month-old
children, is about 8 inches,\32\ children who can climb to the top of
the window covering will be older, and they need to be able to hold the
cord and wrap it around their neck at the same time, which requires the
breadth of their hands to be added to the neck circumference.
Therefore, in staff's view, 12 inches is a safe length for the headrail
area of a window covering, whereas the 8 inches of cord length that is
used to define the allowed short cord could be anywhere on the window
covering. For further discussion on this topic, see Tab B and Tab I of
Staff's Final Rule Briefing Package.
---------------------------------------------------------------------------
\32\ BSI (1990) as cited in Norris, B., & Wilson, J.R. (1995).
CHILDATA: The handbook of child measurements and capabilities--Data
for design safety. London: Department of Trade and Industry.
---------------------------------------------------------------------------
Accordingly, the final rule allows retractable cords as long as the
exposed cord is limited to a maximum of 12 inches from the bottom of
the headrail in any state of operation, and the other requirements in
Sec. 1260.2(d) are met to ensure full retraction and durability.
4. Consideration of Large Window Coverings
At least eight commenters, including WCMA and seven businesses,
raised the concern that available technologies to address the
strangulation hazard, such as manual cordless systems, are difficult to
implement for very large products. Various commenters also stated that
there is an increased presence of taller windows in homes, which will
lead to a higher number of taller window coverings installed in homes.
Regardless of the height, the hazard patterns associated with window
covering cords are the same. Furthermore, the ANSI/WCMA-2018 voluntary
standard does not contain a height limit for in-scope window coverings
for either stock or custom products. Staff has determined that it is
feasible to implement, for example, rigid cord shrouds on window
coverings that are larger than 96'' tall. Tab C of Staff's Final Rule
Briefing Package.
Because the hazard patterns associated with larger window coverings
are the same as hazard patterns seen in shorter window coverings, the
potentially increased number of installations of taller window
coverings in residences, and the feasibility of applying safer
technologies on these products, the Commission will not exclude taller
products from the scope of the rule.
Tabs C and F of Staff's Final Rule Briefing Package discuss a later
effective date for very tall custom window coverings that raise or
lower. The Commission, however, concludes that delaying implementation
for two years and thereby creating a novel scheme bifurcated by the
height of a window covering, as recommended by staff, is not justified.
Although larger-size window coverings may have some additional
challenges in complying with the rule, the Commission does not agree
with staff that the development and logistics phases for larger-size
window coverings require 24 months after publication of the final rule,
and concludes that the 180-day effective date period specified by
statute can reasonably be applied. First, manufacturers have been aware
of CPSC's intention to issue a rule for one year already. CPSC's draft
rule for custom window coverings has been available on our website
since October 2021, and the proposed rule with a 180-day effective date
was published in January 2022. Second, as stated in Staff's Final Rule
Briefing Package and in this preamble, Canada's similar rule on window
covering cords became effective earlier this year, and the rule applies
fully to larger-sized window coverings. Manufacturers have already had
two years to design, develop, and test solutions specifically for
larger-sized custom window coverings, to come into compliance with
Canada's rule. Third, stock window coverings of all sizes are subject
to ANSI/WCMA-2018, which also has led to development of cordless
solutions that may be transferable to the largest sizes of 10 feet or
more in vertical length. Finally, for very tall windows, curtains may
provide a readily available substitute for styles of custom window
coverings that raise or lower.
F. Window Coverings Substantially Comply With the Voluntary Standard
Section 9(f)(3)(D) of the CPSA requires that when a voluntary
standard has been adopted and implemented relating to a risk of injury,
to proceed with a final rule, the Commission must find either that
compliance with such voluntary standard is not likely to result in the
elimination or adequate reduction of such risk of injury; or that it is
unlikely that there will be substantial compliance with such voluntary
standard. 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 ANSI/WCMA since its first
publication, and Tab E of Staff's NPR Briefing Package contains a more
detailed description of staff's assessment of substantial compliance
with the voluntary standard. CPSC received no comment in opposition to
the Commission's preliminary determination of substantial compliance in
the NPR. Based on the forgoing, the Commission determines that a
substantial majority of window coverings sold in the United States
comply with ANSI/WCMA-2018. However, as explained throughout this
[[Page 73171]]
preamble and in the final rule, ANSI/WCMA-2018 is inadequate to address
the risk of injury associated with custom window coverings.
III. Response to Comments on the NPR
CPSC received 2,060 comments on the NPR for custom window coverings
during the comment period, and staff received two late comments in July
2022, which CPSC also considered. Additionally, CPSC held an oral
hearing on the proposed rule on March 16, 2022, during which seven
presenters also provided comments. All comments, meeting logs, and
correspondence regarding custom window coverings have been included on
<a href="http://Regulations.gov">Regulations.gov</a> under the CPSC docket number for this rule: CPSC-2013-
0028. Below we summarize and respond to significant issues raised by
commenters.
A. General Support or Opposition
Comment 1: At least 114 commenters expressed support for the
proposed rule. Some commenters stated that, given the hidden nature of
the hazard and severity of the risk, a mandatory standard is necessary.
Victims' families expressed hope that this rule will prevent corded
products, not only in private residences, but also in hotels, rental
properties, military housing, public buildings, and in effect, any
place where children could be injured or killed in a window covering
cord incident, so that no family will bear the pain of losing a child
on a window covering cord.
At least 1,842 commenters were against the proposed rule, most
suggesting that a regulation will have a negative economic impact on
the window covering industry. At least 440 comments stated that the
proposed rule is either overreaching or unnecessary because: commenters
believe that the current requirements in the ANSI/WCMA-2018 standard
are strong; the risk of injury is low; consumers without young children
would be adversely impacted by removing corded products; consumers need
more window covering options and choices; and businesses will be
limited in meeting consumer needs.
Response 1: The Commission agrees that a mandatory rule is required
to address the unreasonable risk of injury associated with corded
custom window coverings. Staff's NPR and Final Rule Briefing Packages
demonstrate that requiring inherently safe custom window coverings is
feasible, and that the rule will not affect the utility or availability
of custom window coverings, but could affect their cost. However, the
net increase in cost for consumers is as little as approximately $24
every time a household replaces all of its custom window coverings
approximately every 10 years. See Table 9, infra, and Tab F of Staff's
Final Rule Briefing Package (showing that the estimated net cost
increase to replace 12 window coverings ranges from $23.67 using less
expensive products to $218.82 using more expensive custom window
coverings). The Commission finds that this is a reasonable cost to
ensure that children avoid death or serious injury on window covering
cords.
The feasibility of safer window coverings, and the fact that
consumers will pay more for safer window coverings, has already been
shown in the stock window covering market. Stock window coverings that
meet ANSI/WCMA-2018 requirements for stock products are manufactured to
be safe, without regulatory intervention. Voluntary compliance with the
ANSI/WCMA standard for stock products did not cause a decline in
revenue, by either units or by total revenue, as most of the industry
transitioned to cordless-only products, even though the price of some
stock coverings nearly doubled. Moreover, Canada's mandatory rule on
window coverings is similar to the final rule, and CPSC staff
identified no evidence from the Canadian market of a significant
reduction in consumer choice as a result of their rule. Rather, the
Canadian market has reacted with cost-effective substitutes and
redesigned products. The Commission expects a similar result in the
U.S. market.
Data show that the strangulation hazard associated with window
covering cords is silent, quick, and hidden to consumers. Also, the
hazard overwhelmingly involves the death of a child, and in many other
cases, a serious injury, such as coma, paralysis, or problems
controlling movement; sensory disturbances, including pain; seizures;
cognitive and memory deficits; long-term or permanent vegetative state,
requiring tracheotomy and gastrointestinal tube feeding. As commenters
from victims' families report, the death of a child on a window
covering cord results in severe pain and suffering that never goes
away.
B. Voluntary Standard
Comment 2: Most of the businesses, including manufacturers,
dealers, designers, and sellers who are opposed to the rule, stated
that the voluntary standard process has led to substantial improvements
in window covering safety, and furthermore, that a mandatory rule is
not necessary. However, other commenters, including at least 70
victims' families, consumers, and consumer organizations, stated that a
mandatory standard is necessary to address the hazard associated with
custom window coverings, because the voluntary standard still allows
products with hazardous cords to be sold.
Response 2: Staff has worked closely with the voluntary standards
organization, WCMA, to develop and revise the ANSI/WCMA A100.1 standard
over the past 26 years. The Commission agrees that the 2018 version of
the voluntary standard has significantly reduced the risk of
strangulation from stock window coverings, and from inner cords on both
stock and custom products. However, the ANSI/WCMA-2018 standard does
not eliminate or adequately reduce the risk of injury associated with
custom window coverings. Similarly, Tabs B, C, and I of Staff's Final
Rule Briefing Package indicate that even though the draft ANSI/WCMA-
2022 is an improvement on ANSI/WCMA-2018, if adopted, the revised
standard could allow retractable cords with a hazardous length of cord
when pulled, and continuous loops with tension devices that pose a
strangulation hazard.
Based on staff's review of available technologies for use in
manufacturing safer window coverings (Tab C of Staff's Final Rule
Briefing Package), the Commission determines that custom window
products can be made as safe as stock window coverings, by meeting the
same cord requirements. Stock product compliance with ANSI/WCMA-2018
did not cause a decline in revenue, by either units or by total
revenue, even though the price of some stock coverings nearly doubled.
When Canada issued a similar rule to prevent window covering cord
strangulations, the Canadian window covering market responded with
cost-effective substitutes and redesigned products.
C. Data Issues
1. NEISS Versus CPSRMS
Comment 3: WCMA stated that the 34 injury reports for custom
products from NEISS were combined with anecdotal reports received by
CPSC and that the NPR Briefing Package did not explain how NEISS data
injury reports were added to the other incident data, and how CPSC
ensured that no double-counting occurred.
Response 3: The CPSC data counts are not duplicative. For example,
for the data presented in the NPR where staff integrated the reports
from NEISS with anecdotal reports in CPSRMS, staff compared the
individual NEISS nonfatal injuries with the reports received through
CPSRMS, by considering the
[[Page 73172]]
injury date, victim age and sex, and the injury scenario description,
and staff ensured that no double counting of incidents occurred for the
nonfatal incidents.
2. Low Risk
Comment 4: At least 185 commenters, including 158 businesses,
suggested that the risk associated with corded window coverings is low
and advancements have been made in the voluntary standard that further
reduced the hazard. Some commenters compared the number of deaths
associated with corded window coverings to other products.
Response 4: The strangulation hazard to young children from window
covering cords is serious, with most incidents resulting in death. The
strangulation hazard is a ``hidden hazard,'' because many consumers do
not understand or appreciate the hazard, and do not take appropriate
steps to prevent death and injury from window covering cords. Warning
labels and education campaigns have failed to prevent deaths and
injuries. Strangulation is quiet, and incidents have occurred with
parents in the same room. Telling caregivers to watch children is
insufficient to address the risk; for instance, parents leave their
children in rooms considered safe, such as a bedroom, or caregivers may
be giving attention to other children when a strangulation incident
occurs.
As explained above, the ANSI/WCMA-2018 standard, does not
adequately address the strangulation risk associated with custom window
coverings. However, the ANSI/WCMA-2018 standard does effectively
address the hazard for stock products, and its implementation for stock
products did not cause a decline in revenue, by either units or by
total revenue. Manufacturers can apply similar technologies used in
stock window coverings, as well as additional mechanisms, such as
retractable cords and loop cord and bead chain restraining devices, to
make custom products safer without impacting utility or availability of
products, and with a reasonable cost increase per household.
Many commenters cited the anecdotal data that staff presented in
the NPR Briefing Package as an indicator of a downward trend in
strangulation incidents and a reason why CPSC should not finalize the
rule. However, as stated in the NPR, the Commission has no assurance
that the data on window covering cord strangulations includes all
incidents that may have occurred, either fatal or nonfatal. In the NPR,
the Commission stated that the incident data represent a minimum number
of incidents that are known to have occurred. 87 FR 1022. Additionally,
reporting of incidents to CPSRMS is ongoing. For example, since the
data analysis was completed for the NPRs in 2021, the number of
fatalities reported has risen to eight (from three, as initially
reported) in 2020, and six (from zero, as initially reported) in 2021.
We expect that these numbers will likely increase over the next year as
CPSC receives more data.
D. Economic Issues
1. Alternative Methods for the Regulatory Impact Analysis
Comment 5: Institute for Policy Integrity and WCMA suggested that
instead of, or in addition to, a comparison of costs versus benefits,
CPSC could have performed a breakeven analysis, citing the Office of
Management and Budget (OMB) guidance (Circular A-4) that this method
can be appropriate when the benefits cannot be quantified.
Response 5: The Commission agrees that there are unquantifiable
benefits for the final rule. However, the benefits in this case can be
estimated based on more than 10 years of incident data. Given that CPSC
has data for strangulation deaths and has assessed that the final rule
would address the hazard patterns, staff was able to calculate benefits
and costs associated with the final rule. Furthermore, recognizing that
there are possible variations in costs or benefits to consider, staff
conducted a sensitivity analysis, including looking at a children's
value of statistical life (VSL) of three times the VSL for adults, as
discussed in the NPR, as well, and found that in some cases, this type
of increased VSL for children could result in the rule having a
quantified net benefit. For the final rule, we also discussed the
additional unquantifiable benefits, because not all benefits of the
rule are represented in the benefits analysis.
Additionally, as one commenter pointed out, the CPSA requires only
that the benefits of a CPSC rule ``bear a reasonable relationship to
its costs,'' 15 U.S.C. 2058(f)(3)(E), and, as explained in Sec.
1260.4(i) of the regulatory text, the Commission finds such a
reasonable relationship exists here. In addition, CPSC is an
independent regulatory agency, not an Executive Branch agency, and CPSC
is not subject to the requirements in Executive Order (E.O.) 12866 or
13563 that require the agency to ``justify'' the costs, or to comply
with OMB Circular A4.
2. Cost of Safer Products
Comment 6: At least 579 commenters, including 331 businesses,
stated that safer window coverings are too expensive for some
consumers; regulations will increase the cost of window coverings; and
motorized window coverings are cost-prohibitive for many consumers.
Response 6: Market data on stock window coverings do not support
the commenters' hypothesis regarding the inability of consumers and
businesses to adjust to meaningful safety requirements. Voluntary
compliance with the ANSI/WCMA-2018 standard for stock products did not
cause a decline in revenue, by either units or by total revenue, as
most of the industry transitioned to cordless-only products, even
though the price of some stock coverings nearly doubled. Multiple
commenters representing manufacturers and retailers noted that sales of
cordless stock products have increased in the past few years, thus,
demonstrating consumer demand for cordless products that protect
against the death or injury of children as an acceptable replacement
for hazardous corded products, even at a higher price.\33\
---------------------------------------------------------------------------
\33\ Based on Euromonitor annual revenue estimates and D&R
(2021).
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In 2019, moreover, Canada published the new Corded Window Coverings
Regulations to restrict the length of cords and the size of loops
allowed on window coverings sold in Canada; the requirements apply to
all products, both stock and custom. The evidence from the Canadian
custom window coverings market is that the transition to cordless
options in the custom market has been relatively inexpensive for
consumers. Staff observed that many designs are priced the same for
cordless wand options as for the previous corded design, while
motorized options add less than $100 to the retail price for commonly
ordered sizes.
Lastly, in Table 17 in Tab F of Staff's Final Rule Briefing
Package, Table 9, infra, staff provides estimated net costs to replace
12 custom window coverings per household, about every 10 years, that
are compliant with the rule, showing as little as $24 to replace less
expensive vinyl or metal products and up to a net increase of about
$219 to replace expensive soft sheer blinds. The Commission finds that
the estimated net increase per household, representing a price increase
of only about 5% of the total costs of replacing all custom window
coverings every 10 years, is a reasonable cost increase to ensure that
all children who live or visit the home going forward, are not exposed
to the
[[Page 73173]]
risk of strangulation on a window covering cord.
3. Commercial Establishments
Comment 7: At least 12 businesses raised issues about mandating
safer window coverings in commercial and educational buildings and
suggested an exemption. Three commenters stated that in an emergency
situation, such as a lock down, schoolteachers should be able to close
the window coverings quickly and that new systems may require teachers
to climb up ladders to operate the window covering, which is
impractical and time consuming. One manufacturer stated that based on
the NPR, the standard appears to intend to address potential hazards of
window coverings in residences, but the scope of the proposed rule
covers all custom products. Given the broad interpretation of the
definition of ``consumer products'' under the CPSA, the commenter
expressed the belief that many of the strictly commercial products
could be subject to the regulation, unless the Commission makes
clarifying changes to its definition of ``custom window covering.''
Response 7: CPSC generally has jurisdiction over window coverings
that are produced or distributed for the use of consumers, as long as
the product is customarily produced or distributed for consumer use. 15
U.S.C. 2052(a)(5). Products that do not fall within the CPSA's
definition of ``consumer product'' would not be subject to this rule.
However, custom window coverings that are produced or distributed for
consumer use in residences, schools, recreation, or otherwise, fall
within the scope of CPSC's jurisdiction. CPSC staff is not aware of
products that are sold solely for use by workers in a specialized
context that are not also available for the use and enjoyment of
consumers who visit such businesses. If consumers have access to custom
window coverings, and are subject to the potential harm, the product is
within CPSC's jurisdiction and the safety benefits of this final rule
applies to these products.
4. Competition From Overseas Manufacturers
Comment 8: Several commenters claimed that U.S. manufacturers
cannot compete with less costly imports, and that unless a firm
imported products in bulk, the cost of making many products cordless is
more than the cost of the entire imported product. Commenters stated
that the rule would make it more difficult to compete with foreign
products, especially those from China.
Response 8: This comment is not specifically relevant to custom
window coverings, which are the subject of this rulemaking. Custom
window coverings may, in fact, be less affected by lower-cost foreign
supply than stock window coverings, which have had strong cord safety
requirements since 2018. Regardless, imported products will be subject
to the same requirements as products made in the United States. The
economies of scale should be the same for manufacturers of any nation.
We anticipate that the expanded demand for cordless mechanisms should
lower the costs of those mechanisms in the medium term, due to
economies of scale.
5. Impact on Businesses
Comment 9: At least 1,007 commenters (of which about 938 identified
themselves as businesses) stated that the proposed rule would cause a
significant impact on their businesses. Particularly, small custom
window covering retailers commented that the rule would reduce sales
and raise costs. Large suppliers commented that they intended to
require licensed dealers to purchase new ``sample books'' costing
thousands of dollars each. Large suppliers and associations also
provided data on estimated costs of retooling and costs of components
at the wholesale level.
Response 9: As explained in the Staff's NPR Briefing Package, CPSC
anticipates a significant impact on small businesses in the short term,
as firms transition their product lines to comply with the final rule.
However, the impact may be less than estimated, given the enforcement
of Canada's window covering regulation beginning in May 2022. Companies
that sell in both Canada and the United States have already redesigned
their custom offerings to be compliant with the Canadian regulation,
which is substantively similar to the final rule. These companies
already have stock of compliant product designed and ready to sell
through small dealers and interior designers.
Although the window covering manufacturing sector is highly
fragmented, the custom part of the market is concentrated, with a few
large suppliers accounting for approximately 40 percent of the industry
revenue. The large suppliers are multinational companies with
distribution in multiple countries. This means that those large
suppliers already have compliant products available for the Canadian
market, and any incremental costs of redesign for the U.S. market will
largely fall on those relatively large companies, rather than on their
small distributors and dealers. If suppliers in this industry choose to
force small distributors to buy new sample books, as alleged by some
suppliers, that decision is in no way a requirement of this rule, nor
is it an inevitable consequence of this rule.
6. Small Versus Large Businesses
Comment 10: One commenter suggested that a regulation will give
larger window covering corporations an unfair advantage because hard
window coverings (blinds composed of slats or vanes) can comply with
the rule, but small manufacturers who make soft window coverings
(composed of a continuous roll of material) cannot comply.
Response 10: Stock window coverings that comply with ANSI/WCMA-2018
are available in both soft and hard types, and implementation of safer
window covering technologies has been proven for both types of window
coverings. CPSC expects significant cost impacts on small manufacturers
of custom products, as discussed in the Regulatory Flexibility
Analysis, but these costs are not associated with certain window
covering types. The cost impacts of a rule on operating cords for
custom window coverings vary by product type, as detailed in Tab F and
summarized in Tab G of Staff's Final Rule Briefing Package.
7. Stockpiling Should Not Be Prohibited
Comment 11: One online retailer of blind and shade repair parts
suggested that companies should be allowed to purchase whatever
products they deem necessary or prefer. This same commenter also
asserted that the NPR specifies no consequence for violating the rule
and was unclear who will be enforcing the rule.
Response 11: The anti-stockpiling provision is being finalized as
proposed, subject to a conforming change to make the implementation of
this provision consistent with the 180-day effective date that was
proposed and is being adopted. The final rule reflects a balance
between the competing policy goals of addressing the hazard and also
accounting for realistic supply-chain limits and considering the
compliance costs for businesses, and particularly those costs for small
entities. A less-specific base period, or a higher proportion above the
base production amount, would allow more noncompliant units to be
manufactured and sold, which could reduce the burden to industry.
However, it would also reduce safety benefits to consumers and force
suppliers of compliant units to compete against a larger stockpiled
[[Page 73174]]
supply of noncompliant, likely cheaper, units for a longer period of
time. Custom products are typically made to order, so it is unlikely
that a firm would manufacture large quantities in advance of demand.
Therefore, this anti-stockpiling provision should not adversely impact
manufacturers' normal operations. However, firms will need to modify
their window coverings to comply with the requirements, and the
modifications may be costly. Accordingly, CPSC believes it is
appropriate to prevent stockpiling of noncompliant custom window
coverings.
If a manufacturer or importer violates any provision of a mandatory
rule, including the anti-stockpiling provision, CPSC can enforce that
provision using authority under section 19(a)(1) of the CPSA, which
prohibits the sale, offer for sale, manufacture for sale, distribution
in commerce, or importation into the United States, any consumer
product that is regulated under the CPSA, that is not in conformity
with an applicable consumer product safety rule. 15 U.S.C. 2068(a)(1).
CPSC's authority allows for corrective actions, or recalls, refusal of
admission and/or seizure of products at the ports, and civil penalties
for failure to conform to required regulations.
8. Unquantified Benefits Are Larger Than Estimated
Comment 12: The Institute for Policy Integrity and A. Finkel,
economist, suggested that the regulatory analysis in the NPR
underestimated the benefits of the rule, by not discussing
unquantified, but potentially very large, benefits of the rule. The
unquantified benefits suggested included parental grief, reduced cost
of litigation for manufacturers and retailers, and averted recall
costs. Two commenters specifically cited the example of a Federal Motor
Vehicle Safety Standard for rear visibility cameras in passenger cars,
where the regulatory impact analysis discussed the large unquantified
benefits of reducing parental grief and emotional trauma from causing
the death of one's own child, or a relative, or neighbor. One commenter
pointed to that standard as an example of an ``experience good,'' where
the standard caused people's preferences to change to favor a safety
technology with which they were previously unfamiliar.
Response 12: Such potential unquantified benefits would be included
in an increased value of statistical life, or VSL, for children. A
discussion of this fact is included in the sensitivity analysis in Tab
F of Staff's Final Rule Briefing Package and section V of this
preamble. CPSC's Injury Cost Model (ICM) takes pain and suffering into
account, so a portion of parental grief benefits are accounted for and
would be accounted for in an increased VSL for children. Moreover, at
this time CPSC cannot accurately assign a value to the potential that
people might experience a shift in preferences towards a safer product,
although the evidence of continued growth of demand for cordless stock
coverings does indicate this is a potential benefit for custom window
coverings as well.
9. Value of a Statistical Life
Comment 13: Two commenters (Institute for Policy Integrity and A.
Finkel) suggested that CPSC use different references and different
theoretical justifications to derive a value of statistical life (VSL)
for children.
Response 13: As evidenced by the many alternative sources and
several methods suggested by the commenters, no consensus exists
(either in the U.S. or internationally) on what value or method
regulators should use in their regulatory analyses. The current range
of values in the peer reviewed literature for a child's VSL ranges from
less than 1 to more than 7 times the value of an adult VSL, as
discussed in more detail in the regulatory analysis. CPSC staff
provided a discussion of this range to the sensitivity analysis in Tab
F, but did not change in its analysis the core estimate of children's
VSL. As noted in the sensitivity analysis, increasing a child VSL to
three times the base VSL, $31.5 million, would result in a calculated
net benefit for the final rule of $14.3 million.
E. Consumer Issues
1. Accessibility Issues With Disabled Population, People With Short
Stature and Seniors
Comment 14: At least 383 comments (331 businesses, 8 consumers, and
44 unknown) stated that having a short cord introduces accessibility
issues for various consumers such as people in wheelchairs or who
otherwise are challenged to access cords higher up. Some commenters
questioned whether the proposed rule is compliant with the Americans
with Disabilities Act.
Response 14: The final rule provides several ADA-consistent options
to address accessibility of safer window coverings. Sections 308.2 and
308.3 of the 2010 ADA Standards for Accessible Design specify forward
and side reach distances that would be applicable to window coverings.
Section II.C.7 of this preamble and Tab B of Staff's Final Rule
Briefing Package explain the ADA standard and the window covering
options in detail.
2. Acknowledgement of Risks Before Ordering
Comment 15: At least 48 commenters (45 businesses) stated that they
either currently ask or suggest that consumers acknowledge the
strangulation risk associated with cords before ordering a custom
corded window covering.
Response 15: Even accepting that consumers may acknowledge the
strangulation risk associated with the corded window coverings that
they are purchasing, and assuming these acknowledgements are informed
rather than pro forma, the hazard with the corded window covering
remains. Household members other than the consumer who signed the
document, including guests and small children who cannot comprehend the
danger, as well as future residents of the home and their guests, also
can be unaware of the hazard.
3. Climbing on Ladders or Other Furniture Is Unsafe
Comment 16: At least 56 commenters, including 42 businesses, stated
that climbing on ladders or other furniture is unsafe for consumers,
particularly older consumers. Due to the short cord requirement, these
commenters assert that climbing would be required to operate hard-to-
reach window coverings. Some commenters provided statistics on falls.
Response 16: Consumers ordering custom window coverings are
unlikely to choose a custom design that requires them to climb on
furniture to open their window coverings. Alternative solutions to
climbing that can safely replace the existing hazardous cords include
poles to operate cordless systems, rigid cord shrouds, loop cord and
bead chain restraining devices, as well as retractable devices that
would be within easy reach of users. Accordingly, the Commission finds
that the final rule would not lead to the unsafe behavior envisioned by
these commenters.
4. Exclude Draperies
Comment 17: Several commenters, including two businesses, argued
that draperies should be excluded from the rule. One stated that there
are no ``aesthetic'' alternatives to cords for draperies. Another
commented that there is no evidence that draperies are unsafe because
the cords are on pulleys attached to the floor.
Response 17: Multiple cordless options for draperies are available,
including wands and motorized
[[Page 73175]]
controls, as well as pulling the draperies on the traverse rod by hand,
with no cord or other control. Section I.E of this preamble details
fatal incidents involving draperies. Corded draperies are common, and
often do not have the cord on a loop or attached to the floor as the
commenter claims. On the other hand, of the different types of window
coverings analyzed in the final regulatory analysis, draperies had the
lowest cost of compliance with the final rule, estimated to be near
zero, because the cost of a control wand is approximately equal to the
cost of the cord it replaces.
5. Informing the Customer
Comment 18: About 593 businesses stated that they regularly educate
their clients on safer operating cord options during the ordering
process and that consumers make an informed choice by being aware of
the hazards associated with the corded product. At least 120 commenters
stated that people should be made aware of the dangers and then make
their own choice when purchasing a custom window covering.
Response 18: CPSC encourages sellers to inform and educate
consumers on the operating systems that contain hazardous cords.
However, information and education are not always provided, and where
provided they do not negate products being sold and installed with
hazardous cords, and that custom window coverings will remain in
consumers' homes for many years. If consumers do not appreciate the
hidden nature of the hazard, they may choose to buy a hazardous window
covering even when children are present in the home. Moreover, as
explained above, custom window coverings have a long product life. When
a home is sold or rented, a new resident, potentially residents with
children, will likely live with the hazardous window covering, without
having been warned of the associated hazards. Due to the
ineffectiveness of warning labels on such products, even a permanent
label may not get the attention of the user. 87 FR 1034-35. Information
and education remain important to address the existing cord hazard, but
as the incident data reflect, education and warning labels do not
adequately address the risk of injury.
6. Parental Responsibility
Comment 19: At least 24 commenters, including 17 businesses,
suggested that parents are responsible for supervising their children
around window coverings.
Response 19: As reviewed in the NPR and in Staff's NPR Briefing
Package, ordinary parental supervision is unlikely to effectively
eliminate or reduce the strangulation hazard, because even young
children are left unsupervised for a few minutes or more in a room that
is considered safe, such as a bedroom or family room. 87 FR 1036-37.
Moreover, incidents have occurred even when family members were in the
same room as the strangled child. Id. Strangulation with cords requires
only a few minutes to occur and happens silently. A more effective
solution to the window covering cord hazard is to require that window
coverings are inherently safe as sold and do not have hazardous
operating or inner cords.
7. Rental Leases and Real Estate Documents
Comment 20: To inform renters as well as purchasers, one business
suggested informing and disclosing the hazards associated with corded
window coverings at the time of rental or sale of the property. Two
businesses (Comfortex Window Fashions and Inviting Interior Style)
suggested home inspections when dwellings change hands.
Response 20: CPSC agrees with the commenters' concerns regarding
window coverings included in rental units where tenants with young
children may not have the option of choosing safer window coverings.
Moreover, the sale process of a residence is an opportunity to inform
buyers about the dangers associated with corded window coverings or to
remove and replace hazardous window coverings. Certain state and local
authorities may have regulations in place with regard to window
coverings in rental homes. However, CPSC does not have the authority to
require such practices. CPSC regulates consumer products rather than
the terms of property rental or sale contracts, which are generally in
the purview of state and local governments. Mandatory visual
inspections of installations of corded window coverings would not
prevent deaths and injuries without an additional safety rule, because
hazardous loops can still be accessible even when cord loops are
correctly installed and with tension (see Tab I of Staff's Final Rule
Briefing Package).
8. Replacement of Old Window Coverings
Comment 21: At least 12 commenters, including 10 businesses, stated
that the rule would discourage people from replacing their decades-old,
non-compliant blinds and shades containing dangerous cords with new
compliant window coverings because they would not want to give up
corded products.
Response 21: Market data on stock window coverings does not support
the commenters' hypothesis. Voluntary compliance with ANSI/WCMA-2018
for stock products did not cause a decline in revenue, by either units
or by total revenue, as most of the industry transitioned to cordless
only products. Multiple commenters representing manufacturers and
retailers noted that sales of cordless stock products have increased in
the past few years, thus demonstrating consumer demand for cordless
products as an acceptable replacement for corded products. Canada has
transitioned to safe window coverings with a similar absence of
disruption.
9. Require Professional Installation
Comment 22: As an alternative to the rule, two commenters (one
interior designer and one business owner) suggested that CPSC should
require that custom window coverings be professionally installed,
stating that this would help small businesses and improve consumer
safety.
Response 22: CPSC does not have the authority to regulate
professional services or home inspections. Implementing these practices
would also be more costly than the final rule, without providing as
many benefits. The typical cost for adding cordless options to a custom
window covering ranges from less than $10 (and in some cases nothing)
to about $100, except for some very large, motorized options. This
price range is far below the cost of hiring a professional installer
for corded custom window coverings. In general, commenters'
alternatives would raise costs for installed custom window coverings,
while addressing few of the known incidents and fatalities, as well as
not addressing the known hazard of corded window coverings.
10. Twisting Wand Takes Time and Effort and Use Is Inconvenient; Poles
May Not Work for Elderly
Comment 23: At least 38 commenters, including 36 businesses, stated
that using a wand is time consuming and may be difficult for some
consumers.
Response 23: The wands that CPSC staff evaluated for this
rulemaking are easy to learn about and use. We anticipate that further
innovation will make wands even more efficient and easy to use. Some
traditional wands used to rotate horizontal slats have thin diameters,
which can make such wands more difficult to use compared to rigid cord
shrouds, which staff evaluated to have thicker diameters and are more
[[Page 73176]]
comfortable to use. The final rule does not require the use of wands.
The final rule allows the use of many other types of safe operating
systems instead of a wand, such as cordless, retractable cords, cord
shrouds, cord restraining devices, or motorized systems.
F. Warnings, Public Awareness, and Education
Comment 24: At least 5 businesses contended that warning labels on
the products should be relied on to address the strangulation hazard as
they inform the consumer about the hazard. At least 2 other commenters
stated that warning labels and educational efforts were tried, did not
work, and are insufficient to address the strangulation risk.
Response 24: The NPR explains that consumers are less likely to
look for and read safety information on products that they use
frequently and are familiar with. 87 FR 1035. Incident data for window
covering cords confirms this research, as most of the incident units
had a visible warning label on the product. Even well-designed warning
labels will have limited effectiveness in communicating the hazard on
this type of product. However, the Commission agrees that public
awareness is a crucial component in making safe purchasing decisions
and safely using window covering products at home. Public information
campaigns are on-going. CPSC and the Window Covering Safety Council
(WCSC) have joined forces to raise awareness of strangulation risks
presented by window covering cords, and October has been designated
``Window Covering Safety Month'' by CPSC and the WCSC since 2003.
Currently, the Commission does not have information to quantify the
effectiveness of public information campaigns on reducing the risk of
injury associated with corded window coverings. However, information
and education campaigns on corded window coverings that have been
continuing for decades have not adequately reduced or eliminated
serious injuries and deaths, as evidenced by the continuing number of
fatalities. Accordingly, the Commission will not rely on education
campaigns to address the unreasonable risk of injury associated with
operating cords on custom window coverings.
G. Other Product-Related Hazards
1. Access to Battery To Recharge or Replace
Comment 25: At least 15 businesses stated that, with respect to
motorized solutions, replacing or swapping batteries located on the
headrail is difficult for consumers as they need to climb on ladders.
At least 4 commenters also stated that the new rule would increase the
use of batteries, which is wasteful for the planet.
Response 25: Staff reports that they found examples of window
coverings where the batteries are stored in the bottom rail, making it
easier for consumers to recharge or replace batteries. Batteries are
rechargeable to reduce waste, and some window coverings are hardwired
or solar powered.
2. Button Batteries Used in Remote Controls
Comment 26: At least 3 commenters (WCMA, Parents for Window Blind
Safety, and Independent Safety Consulting) suggested that remote
controls that contain button batteries should comply with either ASTM
F963 or other applicable button battery standards, or simply that
battery compartments should have a screw.
Response 26: On August 2, 2022, Congress passed H.R. 5313, or
Reese's Law, and the President signed the bill into law on August 16,
2022. Reese's Law directs the Commission to establish a mandatory
standard to protect children and other consumers against hazards
associated with the accidental ingestion of button cell or coin
batteries used in consumer products. Accordingly, staff is preparing a
notice of proposed rulemaking for Commission consideration to implement
this law. The Commission anticipates that window covering remote
controls that use button cell or coin batteries will fall within the
scope of that proceeding.
3. Continuous Loops With Tension Devices Are Safe
Comment 27: At least 429 commenters stated that continuous loops
with properly attached tension devices are safe and should not be
eliminated. Commenters said that windows that are high up, windows over
a sink, and windows behind a couch need continuous loops. Other
commenters stated that some consumers do not want tension devices
attached to the wall.
Response 27: Incident data demonstrate that tension devices may
come off the wall or may not be installed at all, and continuous loops
may not be taut enough to prevent strangulation incidents. Through
testing, staff found that children may be able to insert their head
into a properly installed continuous loop system even with a tension
device. Accordingly, the Commission concludes that window coverings
operated with continuous loops with tension devices can still leave
hazardous loops accessible to children and do not adequately address
the risk of strangulation.
For the final rule, CPSC staff analyzed how a window covering that
is behind a piece of furniture or sink would be operable with a
continuous loop if the loop has a tension device to keep the loop taut.
Tab B of Staff's Final Rule Briefing Package provides a visual
comparison. Tab B explains that the continuous loop would likely remain
unattached to the wall with a tension device so that the consumer can
pull the loop towards him/her to operate. This means that the
continuous loop remains accessible to children and hazardous. Given
children's ability to climb and incident data demonstrating this hazard
scenario, the Commission concludes that continuous loops that are
contained in a rigid shroud or restrained within a passive restraining
device are much safer for children and potentially easier to operate
for both access and ease of use by consumers.
4. Consumer Preference for Corded Products
Comment 28: At least 2 businesses suggested that they have
customers who prefer to use corded window shades because they find them
easier to use. Some businesses stated that the ANSI/WCMA-2018
requirement to limit the free hanging cord length to 40% of the product
length generated customer complaints, because some of their clients
cannot reach the cord with ease. Some businesses stated that they sell
custom blinds to nursing homes and retirement homes; the users demand
that the cords be long enough to be reached, which usually means 40
inches or more.
Response 28: The final rule's effect on sales for some particular
products is accounted for in the regulatory analysis in section V of
this preamble, and Tab F of Staff's Final Rule Briefing Package.
However, stock products currently on the market that comply with ANSI/
WCMA-2018 are available in a variety of materials, sizes, and types to
meet consumer needs. Also, custom product requirements in the final
rule allow for a variety of solutions to ease the operation of window
coverings, including poles for cordless systems, rigid cord shrouds and
loop cord and bead chain restraining devices, motorized window shades,
and retractable cords. All of these options provide easy reach for
consumers. Based on the comments, the final rule for custom window
coverings specifically permits corded window coverings that use a
single cord retractor, rigid cord shroud, or a cord restraining device,
to
[[Page 73177]]
create more options for non-motorized safe window coverings, provide
options for accessible custom window coverings, and allow for ease of
use.
5. Cord Cleats
Comment 29: About 42 commenters stated that cord cleats are
provided with corded window coverings and address the hazard.
Response 29: Cord cleats do not adequately address the
strangulation hazard associated with window covering cords because such
devices rely on consumers to wrap the excess cord around the cord cleat
every time they raise or lower the window covering. Incident data
demonstrate that consumers may not wrap the cords around the cleat
every time they operate the window covering, which results in dangling
operating cords with which children can strangle. In one incident,
although caregivers normally wrapped the cord around the cleat, on the
day of the incident, cords were not wrapped, and the child accessed the
cords after climbing on a couch.\34\ Further, cord cleats may be
accessed by children. In one incident:
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\34\ Id.
[a] four year old boy moved a small plastic table over near the
window, climbed upon the table and reached up and removed the
shortened pull cord for the window covering from the ``safety''
cleat. He pulled the cord out and wrapped it around his neck. He
then jumped off of the table. The cord broke and he fell to the
floor. His parents were able to remove the cord from his neck. The
boy recovered from his injuries.\35\
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\35\ Lee, K. (2014). Mechanical Engineering Response to Window
Coverings Petition. CPSC memorandum to Rana Balci-Sinha, Project
Manager, Window Coverings Petition CP 13-2. U.S. Consumer Product
Safety Commission, Rockville, MD. Accessed at <a href="https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_PetitionRequestingMandatoryStandardforCordedWindowCoverings.pdf">https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_PetitionRequestingMandatoryStandardforCordedWindowCoverings.pdf</a>.
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6. Effective Date
Comment 30: At least 401 commenters stated that the proposed six-
month-effective-date is very short to meet the proposed requirements;
94 commenters suggested at least one year effective date, three
commenters suggested at least an 18 month to 2 years effective date,
and seven commenters suggested at least 2 years to comply with the
rule. Two commenters submitted the extent of the delays in obtaining
equipment, transit time in both sea and air to get equipment and
components from overseas suppliers, and delays in lead times for raw
materials. One manufacturer, Safe T Shade, stated that ``a 180-day lead
time is more than sufficient for a painless Industry implementation,''
and consumer organizations stated that a mandatory standard should be
issued as soon as possible.
Response 30: Under section 9(g)(1) of the CPSA, the Commission must
find good cause that a later effective date is in the public interest,
to extend the effective date of the final rule beyond 180 days.
Although most of the comments seeking a later effective date were not
specific or substantiated, Table 1a in the Appendix to Tab C of Staff's
Final Rule Briefing Package presents the timelines and criteria for
creating compliant custom window coverings, such as tooling, transit,
and inventory, that a few commenters offered. These commenters provided
timelines of 9 to 20 months in obtaining and transporting equipment/
materials from overseas suppliers, citing long lead times of 4 to 12
months to acquire necessary equipment and materials, and an additional
1 to 4 months upon delivery to assemble component inventory. Another
commenter stated an additional delay related to continued COVID-19
disruptions. Staff believes a later effective date would allow
manufacturers more time to redesign, distribute costs of compliance
along the entire year, or discontinue product variants that cannot meet
compliance. Staff therefore recommended a 1-year effective date, which
is greater than the 30-180 day effective date range provided for in
CPSA section 9(g)(1), 15 U.S.C. 2058(g)(1), for most custom window
coverings.
The Commission has considered the information supplied by
commenters and staff's analysis, but does not agree that the
development and logistics phases for most custom window coverings to
come into compliance requires a one-year effective date from the time
of publication of the final rule, nor that a delay beyond the default
statutory maximum of 180 days (15 U.S.C. 2058(g)(1)) is in the public
interest. First, staff's economic analysis in Tab F does not conclude
that a longer effective date creates a material reduction in the
estimated costs of the rule, and commenters do not show that this would
be the case.
Second, methods of eliminating the window covering cord hazard have
been developed for stock window coverings under ANSI/WCMA-2018, and
those same methods can be used for, or at a minimum can be adapted to,
custom window coverings.
Third, more than two years ago, Canada issued a rule on window
covering cords for all window coverings, whether stock or custom,
without exceptions. The NPR analyzed the requirements of the Canadian
rule and discussed the effective date of that rule. Canada's rule has
been enforced since May 2022. Manufacturers of custom window coverings
had two years to come into compliance with Canada's rule, and the
solutions developed for Canada should be usable in the United States as
well. Indeed, a number of commenters arguing for a delayed effective
date are known to sell in Canada, and yet they did not address how the
Canadian rule impacts compliance with CPSC's final rule. Nor has any
party suggested that implementation of the Canadian requirements is
causing major disruption in that country.
Fourth, manufacturers have been aware of CPSC's proposed rule for
at least one year already, since October 2021 when Staff's NPR Briefing
Package was posted on CPSC's website. Moreover, the proposed rule, with
a 180-day effective date, was published in the Federal Register in
January 2022. Thus, a 180-day effective date from publication of a
final rule comes on top of a substantial period of time during which
manufacturers were aware of the likelihood of a rule.
Accordingly, the Commission does not find good cause in the public
interest to delay the effective date for the majority of custom window
covering products. A 180-day effective date--the maximum period stated
in section 9(g)(1) of the CPSA (15 U.S.C. 2058(g)(1))--allows
sufficient time for industry to meet any additional design,
development, testing, and logistics concerns with technologies already
in use (cordless, short cords, and inaccessible cords) and also
specifically with regard to the additional methods to comply (rigid
cord shrouds, loop cord and bead chain restraining devices, and
retractable cords). The record, including staff's analysis, reflects
that cordless options are available for nearly all window covering
types and many stock product substitutes are available to consumers.
7. Free Hanging Cords
Comment 31: At least three commenters stated that free hanging
cords (meaning a cord that is longer than 8 inches and not restrained)
should be prohibited because they pose a higher strangulation risk to a
child. At least one manufacturer stated that free hanging cords are a
large portion of their business.
Response 31: Free-hanging window covering cords are associated with
18 of 36 custom product strangulations or near strangulations (74 free-
hanging cord incidents of the overall total of 209 incidents). Removing
free-hanging cords
[[Page 73178]]
from custom window coverings will reduce deaths and injuries. The
window covering industry appears to be moving away from free-hanging
cords, as WCMA, in their latest draft balloted revision, draft ANSI/
WCMA-2022, proposes to remove cord lock systems, and thus free hanging
operating pull cords from all custom products, regardless of type,
size, and weight of the window covering. As stated earlier, the final
rule contains several alternatives to hazardous free-hanging cords,
such as rigid cord shrouds, loop cord and bead chain restraining
devices, and retractable cords, in addition to manual and motorized
cordless lift systems that can replace hazardous cord lock systems.
8. Coverings for High Windows or Windows That Are Hard-to-Reach Are
Impossible To Use With an 8-Inch Cord
Comment 32: At least 385 commenters stated that window coverings
located at higher locations on a wall, windows behind the kitchen sink,
or windows behind furniture, cannot be operated with an 8-inch cord.
Response 32: The rule allows for several safe alternatives for
operating cords besides using an 8-inch cord. For custom products in
hard-to-reach locations, under the final rule consumers have the option
to choose from, among others that could be developed:
<bullet> Cordless blinds with an access wand
<bullet> Motorized window covering with a remote control
<bullet> Single cord retractor systems with a 12-inch stroke
<bullet> Rigid cord shroud
<bullet> Cord restraining device
9. Manual Spring System Is Not Durable
Comment 33: At least 8 businesses stated that manual spring systems
are not durable and break easily.
Response 33: Manual cordless lift systems, popular in stock
products, often use a series of constant force springs. If the springs
break, the window covering fails safe, because cordless window
coverings do not have accessible operating cords. Any spring has a
limited fatigue life (number of cycles to failure). Manufacturers can
control fatigue life of the lift system by selecting the proper spring
size, strength, and number of springs for the lift system.
10. Off-the-Shelf Products
Comment 34: At least 3 commenters suggested that stock products are
more dangerous than custom products because stock products are allowed
to have longer lengths of accessible pull cords than custom window
coverings, stock product customers are less likely to get safety
information, and stock products are likely to be installed by consumers
who may be unfamiliar with the hazard.
Response 34: Stock window coverings that are compliant with the
existing voluntary standard, ANSI/WCMA-2018, cannot have lengthy pull
cords as the commenters suggest. All stock products must be cordless,
have short cords (equal to or shorter than 8 inches), or have
inaccessible cords. Although consumers may not be as knowledgeable as
professional installers, most of the custom products involved in the
identified strangulation incidents were installed by professionals and
still lacked safety devices. Several public commenters state that
installers may remove the tension device from a product if the customer
does not want it mounted, which allows a free-hanging hazardous loop on
the product. Educating consumers is paramount particularly to reduce
the risk associated with corded window coverings already installed in
consumers' homes. However, as discussed in Staff's Final Rule Briefing
Package, education campaigns are insufficient to adequately address the
hazard, and manufacturing inherently safe custom window coverings that
comply with the requirements for stock products in ANSI/WCMA-2018 is
required to address the risk of injury or death.
11. Product Options/Limited Choices for Consumers
Comment 35: At least 321 commenters suggested that consumers may
want to have different window covering cord options to serve their
different needs and that reducing consumer options is not preferable.
Response 35: The final rule leaves room for operating system
options. Manufacturers can develop new operating systems that do not
have accessible cords or implement existing solutions such as cordless
systems, shrouded or continuous loop systems, or shrouded pull cord
systems. These technologies are available and are being used for both
stock and custom window coverings.
Suppliers of custom window coverings to the Canadian market have
already adjusted their products to comply with Canada's window
treatment regulations, which are substantially similar to this final
rule. Compliance to the Canadian rule has apparently resulted in
changes to advertised product lines; such as those shades that could
not meet the inner cord requirements (e.g., light pleated shades,
narrow metal blinds) appear to have been removed from the market, as
well as some of the largest sizes of other categories. Manufacturers
are offering cost-effective redesigns to other product types that are
cordless. In addition, manufacturers are offering new designs to
replace the discontinued options in Canada, such as shades with light
blocking material on the bottom and sheer on the top as a replacement
for ``top down/bottom up'' (TDBU) shades. CPSC has no evidence from the
Canadian market of a significant reduction in consumer choice. Rather,
the market has reacted with cost-effective substitutes and redesigns.
12. Retractable Cords Work Well and Are Safe
Comment 36: At least 149 commenters stated that retractable cords
are safe and should not be eliminated as an option to make operating
cords inaccessible.
Response 36: CPSC is not aware of incidents associated with
retractable cords, and based on the comments received, the final rule
provides a retractable cord lift system option for custom window
coverings, provided that the system only exposes up to 12 inches of
cord from the bottom of the headrail as a stroke length. The Commission
adopts a 12-inch cord limit based on staff's analysis (Tab B)
demonstrating that it is extremely unlikely for a strangulation to
occur in this scenario for both younger and older children, as well as
lack of incidents within 12 inches of the headrail.
13. Technology Uavailable To Cover All Products in All Sizes and
Weights
Comment 37: At least eight commenters, including WCMA, stated that
non-motorized cordless lift systems are not feasible for large window
coverings. Commenters stated that continuous loop cords with tie down
devices are capable of lifting any size window covering. At least 3
commenters stated that manual cordless lift systems have limitations
such as size and weight of the window covering that could limit the
application (e.g., for faux wood blinds, a general estimate for the
maximum dimensions for cordless is 96 inches wide by 48 inches high and
60 inches wide by 84 inches high). Commenters also stated that there is
an increased presence of taller windows in homes.
Response 37: Because hazard patterns in taller window coverings are
the same as hazard patterns for shorter window coverings, the
potentially increased number of installations of taller window
coverings in residences, and the
[[Page 73179]]
feasibility of applying safer technologies on these products, the
Commission will not exclude taller products from the scope of the rule.
The Commission also considered the comments provided by
manufacturers about the limitations for larger products to accommodate
the manual cordless systems. Staff reviewed the incident data to
determine the largest products that were involved in incidents: the
longest product that was involved in a nonfatal incident had a reported
length of 112 inches (width was 124 inches). A reported fatality
involved a roller shade; based on other dimensions provided in the in-
depth investigation (IDI), staff estimates the length as 119 inches
(width was estimated as 54 inches).
Based on staff's market research, rigid cord shrouds are currently
limited to operating window coverings up to 96 inches tall. Staff
reviewed the available technologies on the market and determined that
it is feasible to implement rigid cord shrouds, cord or bead chain
restraining devices, or retractable cords on larger window coverings
(Tab C). Accordingly, the final rule allows for the use of these
methods, as long as the products meet the durability performance
requirements in the rule.
14. Top-Down-Bottom-Up (TDBU) Shades
Comment 38: About 33 commenters believe that TDBU shades would be
eliminated if the proposed rule becomes final. They believe that TDBU
shades are
[…truncated; see source link]Indexed from Federal Register on November 28, 2022.
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