Corded Window Coverings; Request for Comments and Information, 2327-2350 [2015-00566]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 80, Number 11 (Friday, January 16, 2015)]
[Proposed Rules]
[Pages 2327-2350]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00566]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 80, No. 11 / Friday, January 16, 2015 / 
Proposed Rules

[[Page 2327]]



CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II

[CPSC Docket No. CPSC-2013-0028]


Corded Window Coverings; Request for Comments and Information

AGENCY: Consumer Product Safety Commission.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Consumer Product Safety Commission (the Commission or 
CPSC) has reason to believe that certain cords on window coverings may 
present an unreasonable risk of injury to young children. This advance 
notice of proposed rulemaking (ANPR) initiates a rulemaking proceeding 
under the Consumer Product Safety Act (CPSA). We invite comments 
concerning the risk of injury associated with corded window coverings, 
the regulatory alternatives discussed in this notice, the costs to 
achieve each regulatory alternative, the effect of each alternative on 
the safety, cost, utility, and availability of window coverings, and 
other possible ways to address the risk of strangulation posed to young 
children by window covering cords. We also invite interested persons to 
submit an existing standard or a statement of intent to modify or 
develop a voluntary standard to address the risk of injury described in 
this notice.

DATES: Written comments in response to this notice must be received by 
March 17, 2015.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2013-
0028, by any of the following methods:

Electronic Submissions

    Submit electronic comments in the following way:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    The Commission does not accept comments submitted by electronic 
mail (email), except through www.regulations.gov. The Commission 
encourages you to submit electronic comments by using the Federal 
eRulemaking Portal as described above.

Written Submissions

    Submit written submissions in the following way:
    Mail/Hand delivery/Courier to: Office of the Secretary, Consumer 
Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, 
MD 20814; (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received may be 
posted without change, including any personal identifiers, contact 
information, or other personal information provided, to: https://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
electronically. Such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Rana Balci-Sinha, Project Manager, 
Directorate for Engineering Sciences, Consumer Product Safety 
Commission, National Product Testing and Evaluation Center, 5 Research 
Place, Rockville, MD 20850; 301-987-2584; rbalcisinha@cpsc.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    The purpose of this ANPR is to collect information related to a 
potential mandatory rule to address the risk of strangulation to young 
children on 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. The petition sought to prohibit 
window covering cords when a feasible cordless alternative exists. When 
a feasible cordless alternative does not exist, the petition requested 
that all window covering cords be made inaccessible by using passive 
guarding devices. The Commission granted the petition and directed 
staff to prepare this 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.
    This ANPR is based on information from staff's December 31, 2014 
Briefing Memorandum on Recommended Advance Notice of Proposed 
Rulemaking for Corded Window Coverings (ANPR Briefing Memorandum), 
available at https://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/Corded-Window-Coverings-Advance-Notice-of-Proposed-Rulemaking.pdf, as well as CPSC staff's October 1, 2014 
Staff Briefing Package in Response to the Petition CP 13-2, Requesting 
Mandatory Safety Standards for Window Coverings (Petition Briefing 
Package), available at: https://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/PetitionRequestingMandatoryStandardforCordedWindowCoverings.pdf.
    Based on CPSC's incident data, the Commission believes that certain 
window covering cords may present an unreasonable risk of injury, 
specifically strangulation, to young children. The Commission is aware 
of 184 reported fatal strangulations and 101 reported nonfatal 
strangulations from 1996 through 2012 involving window covering cords 
among children 8 years and younger. Petition Briefing Package, Tab B. 
Using separate data from the National Center for Health Statistics 
(NCHS) and a CPSC study, CPSC estimates that on average, at least 11 
fatal strangulations related to window covering cords occurred per year 
in the United States from 1999 through 2010, among children under 5 
years old. CPSC finds no observable trend in the data. Id.
    CPSC evaluated the risk of a fatal or nonfatal strangulation to 
children involving window covering cords. Based on various CPSC data 
sources (e.g., newspaper clippings, consumer complaints, death 
certificates purchased from states, medical examiners' reports, and in-
depth investigation (IDI) reports by CPSC staff), from 1996 through 
2012, CPSC found, on average, about 11 reported fatal strangulations, 
and on average, about six reported nonfatal strangulation incidents per 
year for children 8 years and younger. Id.
    Tab E of staff's Petition Briefing Package analyzed the current 
voluntary standard for window coverings, ANSI/WCMA A100.1-2014, 
American National Standard for Safety of Corded

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Window Covering Products (ANSI/WCMA standard or voluntary standard). 
CPSC engineering staff found that the current version of the ANSI/WCMA 
standard would not effectively address 57 percent of the 249 window 
covering cord incidents investigated by CPSC staff. Two types of cords 
on window coverings continue to present a hazard to children: Pull 
cords and continuous loops.
    The Commission invites the public to review the information and 
ideas presented in this ANPR and to submit information and comments 
that would assist the Commission as it considers regulatory 
alternatives to reduce the strangulation risk to young children 
associated with corded window covering products.

II. Window Covering Products

    Window coverings comprise a wide range of products, including 
shades, blinds, curtains, and draperies. In general terms, ``hard'' 
window coverings, composed of slats or vanes, are considered blinds; 
and ``soft'' window coverings that contain a continuous roll of 
material are considered shades. Both blinds and shades may have inner 
cords that cause a motion, such as raising, lowering, traversing, or 
rotating the window covering to achieve the desired level of light 
control. Curtains and draperies do not contain inner cords but may be 
operated by a continuous loop cord or beaded chain. The cord or loop 
that is manipulated by the consumer to operate the window covering is 
called an ``operating cord'' and may be a pull cord (single cord or 
multiple cords) or continuous loops. Cordless window coverings are 
products designed to function without an operating cord but may contain 
inner cords. Petition Briefing Package, Briefing Memorandum at 9.

A. Common Window Covering Products

    Following is a description of the most common window covering 
products and the types of cords associated with incidents for each 
window covering product. Cord types are based on CPSC's review of the 
249 IDIs completed by staff on window covering incidents. Petition 
Briefing Package, Briefing Memorandum Appendix, and Tab B at 83-84.
    1. Horizontal blind (Figure 1): Horizontal blinds are made using 
horizontal slats. Slats vary in their length and width and are 
manufactured using metal, vinyl, wood, fabric, and other materials. 
Horizontal blinds are typically raised and lowered using pull cords. 
Pull cords are part of the inner cords that users interact with to 
raise or lower the blind. Inner cords are attached to the bottom rail 
and threaded through the horizontal slats to raise and lower them, as 
well as to adjust the slats for lighting. Slats can be tilted with 
various mechanisms, including tilt cords, a tilt wand, or in the case 
of a blind with no operating cords, by using the bottom rail. Cords 
associated with horizontal blind incidents include: continuous loop 
cord/beaded-chain (free-standing, i.e., not mounted on a tension 
device), inner cord, pull cord (with loops or long cords), and tilt 
cord.
[GRAPHIC] [TIFF OMITTED] TP16JA15.000

    2. Cellular shade (Figure 2): Cellular shades are made of multiple 
layers of material that are formed into tubes or cells in a horizontal 
orientation. Cellular shades, often referred to as honeycomb shades, 
are constructed so that an air pocket, which mimics the shape of a 
bee's honeycomb, is formed in the center of the shade. Cellular shades 
are typically raised and lowered using an operating cord. Inner cords 
that assist in raising and lowering the blind are between the layers of 
material and are visible from the side openings only. Cords associated 
with cellular shade incidents include: continuous loop cord/beaded-
chain (free-standing) and pull cord (with loops, cord connectors, or 
long cords).


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[GRAPHIC] [TIFF OMITTED] TP16JA15.001

    3. Pleated shade (Figure 3): Pleated shades are made of pleated or 
folded material in a horizontal orientation. The pleated material can 
be raised and lowered similar to cellular shades. Unlike cellular 
shades, pleated shades do not have an air pocket. Cords associated with 
pleated shade incidents include: Continuous loop cord/beaded-chain 
(free-standing) and pull cord (with loops or long cords).
[GRAPHIC] [TIFF OMITTED] TP16JA15.002

    4. Roller shade (Figure 4): Roller shades are comprised of a 
roller, a means of supporting the roller, and flexible sheets of 
material attached to the roller. When a roller shade is raised, the 
material is gathered on the roller located at the top of the shade. 
Cords associated with roller shade incidents include: Continuous loop 
cord/beaded-chain (free-standing).

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[GRAPHIC] [TIFF OMITTED] TP16JA15.003

    5. Roll-up blind (Figure 5): Roll-up blinds are made of flexible 
material, which rolls up from the bottom of the blind when the blind is 
raised. Roll-up blinds are typically raised and lowered using pull 
cords. Cords associated with roll-up blind incidents include: Pull cord 
(with loops or long cords) and lifting loop (wraps around the bottom of 
the product and enables the shade to roll up from bottom to top.).
[GRAPHIC] [TIFF OMITTED] TP16JA15.004

    6. Roman shade (Figure 6): Roman shades are made of fabric or other 
material that is suspended from a head rail. As the shade is raised, 
the material gathers from the bottom upward, toward the head rail. 
Cords associated with Roman shade incidents include: continuous loop 
cord/beaded-chain (free-standing), inner cords, and pull cord (with 
loops or long cords).
[GRAPHIC] [TIFF OMITTED] TP16JA15.005


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    7. Vertical blind (Figure 7): Vertical blinds are made using slats 
in a vertical orientation that can be stacked to one or both sides of 
the head rail. The head rail houses mechanisms that allow slats to 
traverse or rotate or both. Cords associated with vertical blind 
incidents include: Continuous loop cord/beaded-chain (free-standing).
[GRAPHIC] [TIFF OMITTED] TP16JA15.006

    8. Drapery/Curtain (Figure 8): Draperies and curtains are usually 
made of a fabric material that hangs in a window or other opening 
(e.g., sliding door). Cords can sometimes be used to open and close 
draperies and curtains. Cords associated with drapery and curtain 
incidents include: Continuous loop cord/beaded-chain (free-standing).
[GRAPHIC] [TIFF OMITTED] TP16JA15.007

B. Window Covering Market

    Based on 2011 data, more than 350 manufacturers and more than 1,800 
retailers of window coverings operate in the United States. Petition 
Briefing Package, Tab G. Three manufacturers reportedly accounted for 
almost 70 percent of dollar sales in the U.S. window coverings market 
in 2008. Retail prices for corded window coverings have a wide range. 
The type of material, brands, and operating mechanisms affect the 
price. Average prices for window coverings range from about $50 to $440 
for shades and from about $10 to $360 for blinds. Retail prices for 
extremely large and custom-made window coverings can be as high as 
$3,000.
    The Commission obtained window covering market information from a 
study conducted by the consulting firm D&R International (D&R, 
2013).\1\ The Window Covering Manufacturers Association (WCMA), the 
organization that developed the existing voluntary standard, engaged 
D&R to conduct the study. D&R received funding for the study from WCMA 
and the U.S. Department of Energy (DOE), through Lawrence Berkeley 
National Laboratory (LBNL). Based on information from the D&R study, 
shipments of residential window coverings from manufacturers may have 
amounted to about 100 million to 150 million units in the United States 
in 2012. D&R based these estimates on information (including shipment, 
pricing, retail and manufacturing data) provided by WCMA members, U.S. 
Census Bureau reports of vinyl blind imports, and data collected from a 
WCMA-funded Internet survey of U.S. households, which D&R also 
conducted as part of the study. WCMA participated in designing and 
implementing the Internet survey. D&R developed a research plan in 
consultation with WCMA, with input from LBNL. DOE, through LBNL, 
provided funding to analyze the Internet survey and prepare the 
report.\2\ Augmenting the D&R estimates with U.S. housing statistics, 
more than 1 billion window coverings may be in use

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in U.S. homes. Petition Briefing Package, Tab G at 148-152.
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    \1\ D&R International, Ltd. (September 2013). Residential 
windows and window coverings: A detailed view of the installed base 
and user behavior (DOE/EE-0965). U.S. Department of Energy, Office 
of Energy Efficiency and Renewable Energy, Washington DC. September, 
2013. Available at: https://energy.gov/eere/buildings/downloads/residential-windows-and-window-coverings-detailed-view-installed-base-and.
    \2\ Ibid.
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    The Commission does not have precise information on sales of 
cordless window coverings (or window coverings with inaccessible 
cords), but based on CPSC discussions with industry participants and 
review of a major retailer's Web site, sales of cordless window 
coverings may amount to as much as 25 percent of the market.
    CPSC compared the retail sales prices of cordless and corded 
products and found that manually operated cordless window coverings may 
cost about $15 to $130 more than similar corded window coverings. The 
observed prices of motor-operated window coverings are more than $100 
higher than the prices of corded window coverings, and the price 
differences can exceed $300. Some wand-operated vertical blinds cost 
about the same as corded versions; others appear to cost about $10 more 
than corded vertical blinds. The Commission has insufficient 
information to determine how the costs or retail prices of safer window 
coverings will change over time. Id.

III. The Risk of Injury

A. Incident Data Overview

    CPSC estimates that a minimum of 11 fatal strangulations related to 
window covering cords, on average, occurred per year in the United 
States from 1999 through 2010, among children under 5 years old, based 
on National Center for Health Statistics (NCHS) data and a CPSC 
study.\3\ Petition Briefing Package, Tab B. Additionally, CPSC's 
emergency department-treated injury data (National Electronic Injury 
Surveillance System or NEISS) demonstrate that from 1996 through 2012, 
an estimated 1,590 children received treatment for injuries resulting 
from entanglements on window covering cords based on NEISS data. Id. at 
80-82.
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    \3\ N. Marcy, G. Rutherford. ``Strangulations Involving Children 
Under 5 Years Old.'' U.S. Consumer Product Safety Commission, 
December 2002.
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    CPSC also receives incident data through newspaper clippings, 
consumer complaints, death certificates purchased from states, medical 
examiners' reports, and IDI reports. Using data from these sources, 
CPSC found a total of 285 reported fatal and nonfatal strangulation 
incidents from January 1996 through December 2012 involving window 
coverings among children 8 years of age or younger. These 285 incidents 
do not constitute a statistical sample of known probability and do not 
necessarily include all window covering, cord-related strangulation 
incidents that occurred during that period. Given that these reports 
are anecdotal and reporting is incomplete, CPSC strongly discourages 
drawing any inferences based on the year-to-year increase or decrease 
shown in the reported data. Id.
    Of the 285 incidents, 184 resulted in a fatality. Among the 
nonfatal incidents, 19 involved hospitalizations (7 percent). The long-
term outcomes of these 19 injuries varied from a scar around the neck, 
to quadriplegia, to permanent brain damage. In addition, 67 incidents 
(24 percent) involved less-severe injuries, some of which required 
medical treatment but not hospitalization. In the remaining 15 
incidents (5 percent), a child became entangled in a window covering 
cord but was able to disentangle him or herself from the cord and 
escape injury.
    Of the 285 total reported incidents involving window covering 
cords, CPSC staff reviewed the completed IDIs for 249 incidents. Table 
1 presents a breakdown of all 249 investigated incidents, by type of 
window coverings and type of cord.

                        Table 1--Distribution of Investigated Incidents by Type of Window Covering and Associated Cord 1996-2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Continuous
                                             Pull cord      loop cord/      Inner cord     Lifting loop      Tilt cord        Unknown          Total
                                                           beaded-chain                                                                    (percentage)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Horizontal..............................              90               3              23  ..............               2              13       131 (53%)
Vertical................................  ..............              41  ..............  ..............  ..............               2         43 (17)
Roman...................................               2               1              24  ..............  ..............  ..............         27 (11)
Curtain/drapery.........................  ..............              13  ..............  ..............  ..............               1          14 (6)
Cellular................................               5               5  ..............  ..............  ..............  ..............          10 (4)
Roller..................................  ..............               6  ..............  ..............  ..............  ..............           6 (2)
Roll-up.................................               2  ..............  ..............               3  ..............  ..............           5 (2)
Unknown.................................               2               1  ..............  ..............  ..............              10          13 (5)
                                         ---------------------------------------------------------------------------------------------------------------
    Total...............................             101              70              47               3               2              26       249 (100)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: CPSC In-Depth Investigation File (INDP).

    Of the 249 incidents investigated by CPSC staff, 170 involved a 
fatality. Ninety-two (54 percent) of these fatal incidents involved a 
horizontal blind, 36 (21 percent) involved a vertical blind, 14 (8 
percent) involved a curtain/drapery, eight (5 percent) a Roman shade, 
five (3 percent) a cellular shade, four (2 percent) a roll-up shade, 
and two (1 percent) a roller shade. Staff was unable to identify the 
window covering type in 9 (5 percent) of the 170 fatalities. Id. at 84-
85.

B. Physiology of Strangulation and Associated Injuries

    Young children are at risk of strangulation on corded window 
coverings. Strangulation due to mechanical compression of the neck 
involves obstruction of the airway passage and occlusion of blood 
vessels in the neck. Petition Briefing Package, Tab C. 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, in the event that a lateral pressure is sustained at a level 
resulting in vascular occlusion. Id. at 94.
    Strangulation can rapidly progress to anoxia, associated cardiac 
arrest, and death. Permanent, irreversible damage can occur if the 
delivery of oxygen to tissues is reduced. The severity of oxygen 
deprivation ultimately governs the victim's chance for survival or the 
degree of neurological damage. Neurological damage may range from 
amnesia, loss of cognitive abilities due to hypoxic-ischemic injury to 
the hippocampus, mobility limitations, and

[[Page 2333]]

loss of function, to long-term vegetative state. Experimental studies 
show that 2 kg (4.4 lbs.) of pressure on the neck may occlude the 
jugular vein \4\ and 3-5 kg (7-11 lbs.) may occlude the carotid 
artery.\5\ Minimal compression of any of these vessels can lead to 
unconsciousness within 15 seconds and death in 2 to 3 minutes 
(Digeronimo and Mayes, 1994; Hoff, 1978; lserson, 1984; Polson, 
1973).\6\ The vagus nerve, responsible for maintaining a constant heart 
rate, is also located in the neck, in close proximity to the jugular 
vein and carotid artery. If the vagus nerve is compressed, cardiac 
arrest can result, due to mechanical stimulation of the carotid sinus-
vagal reflex. Petition Briefing Package, Tab C at 94-95.
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    \4\ Brouardel P. La pendaison, La strangulation, La suffocation, 
La submersion. JB Bailliere et fil, Paris, France, 1897; pp. 38-40.
    \5\ Ibid. and Polson CJ. Hanging In: Polson CJ and Gee DJ (eds.) 
Essentials of forensic medicine, Oxford England, 1973 371-404.
    \6\ Digeronimo RJ1, Mayes TC. Near-hanging injury in childhood: 
a literature review and report of three cases. Pediatr Emerg Care. 
1994 Jun; 10(3):150-6; Hoff BH. Multiple organ failure after near-
hanging. Crit Care Med 1978; 6:366-9. Howell MA; Iserson, K.V. 
Strangulation: A review of ligature, manual and postural neck 
compression injuries. Ann. Emerg. Med. 13:179-185, 1984; Polson CJ. 
Hanging In: Polson CJ and Gee DJ (eds.) Essentials of forensic 
medicine, Oxford England, 1973 371-404.
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    The majority of incidents involving window covering cords resulted 
in death (184 of 285 incidents reviewed). Of the 19 incidents that 
required hospitalization, nine patients suffered severe neurological 
outcomes, such as cerebral edema, coma, loss of cognitive abilities, a 
loss of function or mobility, and quadriplegia. Some patients required 
intensive care, monitoring, lifelong care, and therapy. Four of the 
entanglement incidents occurred on the child's arm or wrist and did not 
involve the neck. In 78 incidents involving the neck that were reported 
as minor or no injury, the child was found entangled in a cord or with 
the cord wrapped around the neck. In some incidents, the cord was 
wrapped so tightly that the child turned blue and had red marks or rope 
burns visible on the neck. Three children suffered temporary airway 
obstruction and were subsequently taken to the hospital. If the child 
had not been released from the cord, all of these nonfatal incidents 
could have had a more serious and even fatal outcome. Id. at 95.

C. Population at Risk of Strangulation

    Corded window covering incidents involve children from about 7 
months to 8 years old. Petition Briefing Package, Tab C at 95. Incident 
data demonstrate that hazard scenarios involving window covering cords 
are consistent with child development milestones. Children go from 
total dependence on others to independence in their first 5 years of 
life. Petition Briefing Package, Tab D. Starting from around 3 months 
of age, children begin to grasp objects placed in their hands. By 6 
months of age, most children master reaching and grasping objects 
within their reach. Children learn to stand by holding onto an object 
starting at around 8 months of age, and a month later, they can stand. 
At around 10 months of age, children learn to stand without holding on 
to an object. Between 12 to 18 months of age, children progress from 
walking, to running, to walking up stairs, to climbing. As children 
gain new skills (e.g., sitting, standing, walking, running, climbing), 
they want to use and perfect those skills.\7\ The window covering cord 
incident data show that children climbed on beds, chairs, tables, and 
other furniture to interact with the window coverings. In some 
incidents, children were reportedly imitating superheroes or using the 
beaded chains as necklaces. Petition Briefing Package, Tab D at 101-
102.
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    \7\ Frankenburg, W.K., Dodds, J., Archer, P. et al.: The DENVER 
II Technical Manual 1990, Denver Developmental Materials, Denver, 
Co.
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    Parents are advised to encourage children to start taking care of 
themselves beginning at around age 2 years so that the children can 
learn independence and self-discovery. During these times of 
independence and exploration, children have less supervision. The 
degree of appropriate supervision is strongly linked to developmental 
level. Research shows that for preschool (birth to 4 years), constant 
supervision is required, except when children are in rooms in the home 
that are perceived as safe (living room/bedroom) or in rooms that are 
deemed fairly safe (bathroom/garage/kitchen).\8\ Children's bedrooms 
and living or play rooms are considered by caregivers to be the safest 
rooms in the home. A review of the incidents reported to CPSC shows 
that bedrooms, living rooms, family rooms, or TV rooms were the 
locations where most incidents occurred. These are rooms that 
caregivers perceive to be the safest rooms in the home, and thus, 
caregivers may be inclined to leave children alone in these rooms. 
Petition Briefing Package, Tab D at 102-103.
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    \8\ Peterson, L., Ewigman, B., and Kivlahan, C., (1993) 
``Judgments Regarding Appropriate Child Supervision to Prevent 
Injury: The Role of Environmental Risk and Child Age.'' Child 
Development, 64, 934-950.
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    Research demonstrates that the more familiar caregivers are with a 
product, the lower their recognition is of the product's hazards.\9\ 
Increased familiarity, ease and frequency of use, and low price of a 
product reduce the likelihood that people will read warning labels. 
Consumers are highly familiar with window coverings and interact with 
window coverings daily. Even though no specific studies or surveys 
related to the use of safety devices for window coverings exist, 
research shows that the rate of compliance with instructions is lower 
when more effort and time (cost of compliance) are required to comply 
with the instructions.\10\
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    \9\ Vredenburgh, A.G., & Zackowitz, I.B., (2006). Expectations. 
In M. S. Wogalter (Ed.), Handbook of warnings (pp. 345-354). Mahwah, 
NJ: Lawrence Erlbaum Associates.
    \10\ DeJoy, D.M., (1999). Attitudes and Beliefs. In M. S. 
Wogalter, D. M. DeJoy, & K. R. Laughery (Eds.), Warnings and risk 
communication (pp. 189-219). Philadelphia: Taylor & Francis.
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    In some incidents, parents had seen the warning labels and were 
aware of the hazards of hanging cords and continuous loops. Parents 
used cord cleats, tied the cords together, or used other means to keep 
the cords out of reach of the child; however, the child was still able 
to access the cords and strangle. In other cases, parents did not use 
any safety devices. One reason for not using the safety devices is that 
the parents may have assumed the cords were not a problem because their 
child had not shown any interest in the window blind cords. In some 
incidents, safety devices, such as tie-down devices or cord cleats, 
were not used when the parents did not perceive a threat to the child. 
In a few cases, parents reported that that they had observed their 
child's interaction with cords but did not think the cords were a 
danger. Petition Briefing Package, Tab D at 103-105.
    The Commission concludes that if cords are accessible and 
hazardous, window coverings will present a risk of strangulation to 
young children. Children cannot be supervised 100 percent of the time, 
and they can strangle in a few minutes. Children will continue to 
explore their environment and interact with accessible window covering 
cords even when parents try to be conscientious and use safety devices 
on window coverings. Id. at 106.

D. Hazard Scenarios Associated With Corded Window Covering Products

    Table 2 depicts the nine hazard scenarios CPSC staff found when 
reviewing 249 IDIs related to corded window covering incidents.
BILLING CODE 6355-01-P

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BILLING CODE 6355-01-C

IV. Efforts To Address the Hazard Associated With Corded Window 
Coverings

A. Development of a Voluntary Standard

1. Performance Requirements
    CPSC has been working with the window covering industry to address 
the hazards associated with corded window covering products for many 
years. Petition Briefing Package, Briefing Memorandum at 14-15, Table 
E, and Tab F. In 1995, CPSC staff began working with the WCMA on an 
ANSI/WCMA standard to address accessible cords on window coverings. 
WCMA published the first version of the ANSI/WCMA standard in 1996. The 
1996 standard sought to prevent strangulation

[[Page 2337]]

incidents created by looped cords by requiring either: (a) Separate 
operating cords, or (b) a cord release device on multiple cords ending 
in one tassel. The standard also required a tension device that would 
hold the cord or bead loop taut when installed according to 
manufacturer's instructions.
    In 2001, CPSC staff sent a letter to the WCMA asking for revisions 
to the 1996 standard, including the addition of inner cord stops and 
the elimination of free-hanging cords or bead chains longer than the 
neck circumference of a fifth percentile 7- to 9-month-old child. In 
January 2002, CPSC staff sent a similar request by letter to WCMA. In 
August 2002, the published ANSI/WCMA standard required inner cord 
stops. In 2007, the published ANSI/WCMA standard required that tension 
devices partially limit the consumer's ability to control the blind if 
the tension device is not properly installed.
    In 2009, WCMA published a provisional voluntary standard specifying 
descriptive requirements for Roman shades. CPSC staff sent a letter to 
the WCMA underscoring that the descriptive requirements still allowed 
inner cords to be accessible. In September 2010, WCMA published a 
stronger performance-based standard addressing Roman shade inner cords 
as another provisional standard. In November 2010, CPSC held a public 
meeting and WCMA announced that WCMA would establish a steering 
committee to oversee the activities of six task groups, including one 
intended for pull cords and another for continuous loops. At the CPSC 
public meeting, WCMA reiterated its intent to minimize the risks 
associated with pull cords and continuous loops and to draft revisions 
to the voluntary standard for balloting by the end of October 2011.
    On December 20, 2011, the WCMA balloted proposed revisions to the 
voluntary standard. On February 6, 2012, staff sent WCMA a letter 
providing comments on the proposed revision. In these comments, CPSC 
staff reiterated that the hazardous loop determination should be made 
for all cords and that the length of an accessible operating cord 
should not be longer than the neck circumference of the youngest child 
at risk. In addition, staff raised concerns about the inability of 
tension devices to eliminate effectively or reduce significantly the 
risk of strangulation under certain foreseeable-use conditions.
    In November 2012, the WCMA announced the approval of the 2012 
version of the ANSI/WCMA standard, which includes: (1) Requirements for 
durability and performance testing of the tension/hold down devices, 
including new requirements for anchoring; (2) specific installation 
instructions and warnings; (3) new requirements for products that rely 
on ``wide lift bands'' to raise and lower window coverings; (4) 
requirements for a warning label and pictograms on the outside of stock 
packaging and merchandising materials for corded products; and (5) 
expanded testing requirements for cord accessibility, hazardous loop 
testing, roll-up style shade performance, and durability testing of all 
safety devices.
    WCMA approved a revised ANSI/WCMA standard on July 21, 2014.\11\ 
Section 4.3 of the 2014 ANSI/WCMA standard specifies that window 
coverings with an exposed operating cord or continuous loop operating 
system shall meet one of the following requirements:
---------------------------------------------------------------------------

    \11\ Changes to the descriptive text found in the ANSI/WCMA 
Standard, Appendix E, Figure E1, Row 3.

4.3.1: Product shall have no accessible operating cords
4.3.2: Product shall have one or more separate operating cords
4.3.3: Product shall contain a cord release device in the loop or head 
rail
4.3.4: Product shall contain a permanently attached cord retraction 
device
4.3.5: Product shall contain a cord shear device
4.3.6: Product shall contain a cord shroud device
4.3.7: Product shall contain a cord tension device
4.3.8: Product shall contain a loop cord or bead chain-restraining 
device
4.3.9: If the product requires a cord connector, i.e. stop ball, the 
exposed loop above the cord connector shall be limited to less than 3 
inches below the bottom of the cord lock when the bottom rail is fully 
lowered.

    Thus, the ANSI/WCMA standard allows for separate operating cords, 
cord release devices, cord retractors, cord shrouds, cord tensioners, 
and loop/bead chain restraining devices.
2. Warning Labels
    In addition to performance requirements, the ANSI/WCMA standard 
requires a number of warning labels and hangtags on window coverings, 
all of which are accompanied with a pictogram. ANPR Briefing Memorandum 
at 5.

B. Substantial Compliance With the Voluntary Standard

    According to the WCMA, manufacturers of window coverings are in 
substantial compliance with the voluntary standard. Beyond WCMA's 
comments, CPSC has no data on the extent of compliance and cannot 
estimate the proportion of annual sales of window covering products 
that comply. CPSC has some anecdotal information on product compliance 
and incident hazard patterns that lends support to WCMA's contention 
that products substantially comply with the voluntary standard. For 
example, the 1996 version of the standard required that pull cords have 
separate tassels or a breakaway tassel to reduce the hazard with the 
loop above a single tassel. Among the incidents associated with the 
loop above a single tassel, staff's review of incidents showed that 
only one product out of 14 products involved in incidents was 
manufactured after the 1996 standard went into effect and did not 
comply with the requirement. Petition Briefing Package, Briefing 
Memorandum at 18.

C. Engineering Staff's Assessment of ANSI/WCMA Standard

1. Performance Requirements
    For the Petition Briefing Package, the Division of Mechanical 
Engineering (ESME) reviewed the incident data to determine whether the 
2014 version of the ANSI/WCMA standard would address the hazards 
presented in the 249 IDIs reviewed by staff. Petition Briefing Package, 
Tab E. According to ESME staff's assessment, the 2014 version of the 
ANSI/WCMA standard addresses the hazards in 25.7 percent (64/249) of 
the investigated incidents, while hazards reported in 57 percent (141/
249) are not addressed by the ANSI/WCMA standard. Insufficient 
information was available to draw any conclusions for the remaining 
17.7 percent (44/249) of investigated incidents. Id. at 123-124.
    Table 3 summarizes the hazard types identified in the 249 IDIs 
reviewed by CPSC staff, and ESME's assessment of the hazard 
addressability with the current 2014 version of the voluntary standard. 
An Appendix to Tab E of the Petition Briefing Package includes more 
detailed descriptions of each of these hazard scenarios.

[[Page 2338]]



                     Table 3--Addressability of the Hazards With the 2014 ANSI/WCMA Standard
----------------------------------------------------------------------------------------------------------------
 Entanglement mechanism (hazard     Number of     Investigated   Section of the standard
      scenario in Table 2)          incidents       IDIs (%)      related  to the hazard        Conclusion
----------------------------------------------------------------------------------------------------------------
1. Entanglement from pull cords              69            27.7  .......................  Not addressed.
                                             14             5.6  .......................  Addressed.
Entanglement in a loop created               38            15.3  Section 4.3.2 allows     Not addressed.
 by knotted or tangled pull                                       multiple cords in
 cord (hazard scenario 1).                                        unspecified lengths.
Entanglement in one or more                  25            10.0  Sections 4.3.2 and       Not addressed.
 long cords, which the child                                      4.3.9 allow accessible
 wrapped around the neck                                          free hanging operating
 (hazard scenario 2).                                             cords.
Entanglement in a loop above a               14             5.6  Sections 4.3.2 and       Addressed.
 single tassel of the cord                                        4.3.3 require either
 (hazard scenario 3).                                             separate cords or
                                                                  cords with release
                                                                  devices in the loop.
Entanglement in a loop above                  4             1.6  Section 4.3.9 allows     Not addressed.
 the stop ball of the cord                                        for an accessible loop
 (hazard scenario 4).                                             when the bottom rail
                                                                  is fully raised.
Entanglement in a loop created                2             0.8  Section 4.3.2 allows     Not addressed.
 when pull-cord was tied to                                       unspecified length of
 another object, usually on the                                   cords.
 wall (hazard scenario 5).
2. Entanglement in a continuous              70            28.1  Section 4.3.7 requires   Not addressed.
 loop cord (hazard scenario 6).                                   a cord tension device
                                                                  that will at least
                                                                  partially prevent the
                                                                  operation of the
                                                                  window covering, when
                                                                  not installed but
                                                                  still allows some
                                                                  operability.
3. Entanglement from inner                   47            18.9  Section 4.4 addresses    Addressed.
 cords (hazard scenarios 7 and                                    accessibility and
 8).                                                              hazardousness of inner
                                                                  cord loops.
4. Entanglement in the lifting                3             1.2  Section 4.4.5 addresses  Addressed.
 loop of a roll-up shade                                          the accessible lifting
 (hazard scenario 9).                                             loops of a roll-up
                                                                  style shade.
5. Entanglement in the tilt                   2             0.8  Section 4.3.2 allows     Not addressed.
 cords (hazard scenario 2).                                       multiple cords in
                                                                  unspecified lengths.
6. Unknown.....................              44            17.7  .......................  Unknown.
----------------------------------------------------------------------------------------------------------------

    Although the standard does address a portion of the hazards 
associated with pull cords, remaining pull cord hazards and continuous 
loop cords account for more than 50 percent of the hazard scenarios 
that are not addressed by the standard.
    Continuous Loops. Continuous loops need to be kept taut so that the 
free-standing loop does not cause a hazard to young children. The 
voluntary standard requires a tension device to be attached on the loop 
by the manufacturer. After receiving the product, the consumer must 
install the tension device on an external surface, such as a wall or 
window sill, per manufacturer's instructions. As explained in the ESHF 
memorandum, Tab D of the Petition Briefing Package, compliance with 
instructions declines if the effort and time required for the 
installation is high. The first publication of the voluntary standard 
(1996) required that a cord tension device be supplied and removal of 
it is a sequential process (i.e., requires two or more independent 
steps to be performed in a specific order). Once the tension device is 
installed, it becomes a passive device.
    In 2007, the voluntary standard introduced the ``partial 
inoperability clause,'' which meant that if the tension device was not 
properly installed, the tension device should at least partially 
prevent the operation of the window covering. The latest version of the 
standard includes the same partial inoperability requirement, in 
addition to a new durability test procedure to prevent the tension 
device, if installed, from coming off the wall or breaking under the 
tested conditions.
    Pull Cords. For the Petition Briefing Package, ESME staff concluded 
that the voluntary standard does not address the following hazard 
scenarios: (1) Loops resulting from knotted or entangled pull cords, 
(2) pull cords that are wrapped around the neck, (3) pull cords that 
are tied to another object, and (4) pull cords with loops above stop 
ball/cord connector. The recently published Canadian standard (CAN/CSA-
Z600-14 Safety of Corded Window Covering Products) adopts the 
requirements of the ANSI/WCMA standard with one change: adding cord 
cleats as a required component to mitigate the pull cord hazard. CPSC 
understands that for the spirit of harmonization, WCMA will propose to 
include a similar requirement to the ANSI/WCMA standard.
    CPSC staff has raised concerns regarding the pull cord and 
continuous loop hazards to WCMA, repeatedly emphasizing that either 
eliminating access to the pull cords or making accessible cords 
nonhazardous in both raised or lowered heights of the window covering 
would greatly reduce the incidents. Most recently, on July 22, 2014, 
CPSC staff sent a letter to WCMA suggesting revisions to the voluntary 
standard that would address the strangulation hazard created by pull 
cords and continuous loops on window coverings.\12\ WCMA responded to 
staff's letter on August 29, 2014.\13\ ANPR Briefing Memorandum at 4.
---------------------------------------------------------------------------

    \12\ https://www.cpsc.gov//PageFiles/170256/WCMA_Ltr_22_July_2014.pdf.
    \13\ https://www.cpsc.gov//PageFiles/170642/WCMALettertoGBorlase8_29.pdf.
---------------------------------------------------------------------------

    WCMA believes that cord cleats, a device around which a cord can be 
wound and can be attached to a wall or other structure, or that is 
integral with the product, can help reduce incidents associated with 
pull cords. WCMA intends to utilize an expedited approval process to 
add cord cleats as a requirement to the ANSI/WCMA standard with the 
objective of harmonizing the standard with the latest version of the 
Canadian standard (CAN/CSA Z600 window covering standard).
    Staff has several concerns with cord cleats. Cord cleats require 
that the user remove and then secure the cord to the cleat each time 
the window covering is raised or lowered in order to mitigate the 
hazard, which consumers may feel to be a nuisance and not do, thus 
voiding the protections ostensibly provided. In addition, failure to 
install a cord cleat will not cause the window covering to cease 
operating as intended, which may also serve to reduce the

[[Page 2339]]

protection provided. Indeed, many stock products already come with cord 
cleats in the box, so the degree to which they are installed and used 
is in question. For example, in a 2010 incident, a four-year-old child 
who was standing on the back of a couch, reached the pull cords which 
were usually wrapped around the cord cleat, but not on the day of the 
incident.\14\ When cord cleats are installed, consumers still need to 
be aware that children can climb up to get to the cords, as observed in 
a 2005 incident where a four-year-old child moved a small plastic table 
near to a window, climbed upon the table, reached up and removed the 
pull cord.\15\ Furthermore, even if cleats are used to wrap excess pull 
cords, the cords above the cleat present a strangulation hazard.\16\ A 
cord cleat retrofit program may be beneficial for those consumers who 
become aware of the hazard and want to take action to mitigate the pull 
cord hazard. However, staff believes that consumers who respond to a 
recall likely install and use cord cleats more consistently than 
consumers who are unaware of the hazard. The latter group of consumers 
may overlook the cord cleat as they are not aware of the hazard, and 
the operation of the product does not necessitate the installation and 
use of cord cleats.
---------------------------------------------------------------------------

    \14\ IDI 110103CCC3322.
    \15\ IDI 050407CCC3309.
    \16\ https://www.cpsc.gov/PageFiles/121510/5009a.pdf.
---------------------------------------------------------------------------

    Regarding continuous loops and tension devices, CPSC staff's IDI 
review of 70 incidents associated with entanglement in a continuous 
loop cord showed that the majority of the incident units did not have a 
tension device installed on the continuous loop. Staff recognizes that 
tension devices, when properly installed and intact, keep the looped 
cords taut and do not allow a child's head to enter into the loop. If 
tension devices are not installed, are installed improperly, or are 
removed from the cord, a hazardous loop is present. ANPR Briefing 
Memorandum at 4.
2. Warning Labels
    Warning labels are intended to alert the user of the strangulation 
hazard, and to keep cords away from children and move furniture away 
from cords as children can climb on furniture to reach cords. Warning 
labels and hang tags have been part of the ANSI/WCMA standard since its 
first publication in 1996. In 2009, the voluntary standard required a 
hang tag that must be attached to the lower most section of the inner 
cord on the back side of a Roman shade. The voluntary standard was 
amended in 2012 to require that a warning label be placed on the 
product package (or on merchandising material for custom products) and 
displayed conspicuously. The requirement to include warnings on retail 
packaging and merchandising materials was intended to warn consumers 
about the strangulation hazard associated with accessible cords so that 
consumers can make an informed purchasing decision.
    Staff believes that the requirement to place a warning on product 
packaging is potentially beneficial for consumers who either learn of 
the hazard by reviewing the warning material on packaging or are aware 
of the hazard and looking for a safer product to purchase. However, 
consumers who are not the original purchasers of the product will not 
benefit from information included on packaging materials as the 
packaging is discarded after the product is installed.
    The ANSI/WCMA standard requires permanent warning labels \17\and 
operational hangtags \18\ on the product that follow ANSI Z535.4, 
American National Standard for Product Safety Signs and Labels. 
Research demonstrates that warning labels should first be visible and 
noticeable. Warning labels should also have design characteristics that 
encourage the user to stop and read the warning. Effective labels state 
the hazard, explain the consequences of the hazard, and provide 
instructions on how to avoid the hazard using explicit text to improve 
comprehension. Staff believes that warning labels on window coverings 
that comply with the ANSI/WCMA standard have design characteristics to 
make them visible and noticeable. For example, warnings that are placed 
directly on the product have higher noticeability compared to the 
warnings listed in a ``distant'' instruction manual (Wogalter et al., 
1987). Additionally, the voluntary standard requires the word 
``Warning'' in all capital letters and printed in an orange color. The 
required warning messages that are on the warning labels and hang tags 
explain the nature of the hazard, the consequences of the hazard, and 
provide instructions on how to avoid the hazard, as recommended in the 
warning literature (Wogalter and Laughery, 2006). Finally, the required 
labels have a pictogram which should increase their noticeability 
because pictograms help capture user's attention (Wogalter and Leonard 
1999).
---------------------------------------------------------------------------

    \17\ A permanent marking or label cannot be removed or, during 
an attempt to manually remove it without the aid of tools or 
solvents, the marking or label tears apart or damages the surface to 
which it is attached.
    \18\ Operational hangtags contain information based on the 
characteristics of the product or the safety devices included on the 
product.
---------------------------------------------------------------------------

    Even though the warning labels required by the ANSI/WCMA standard 
meet the usual criteria for what is considered a well-designed warning 
label, CPSC staff believes that the labels have limited effectiveness 
in changing the user's behavior in the purchase and use of window 
coverings. The inherent problem with the strangulation hazard 
associated with window covering cords and warning labels is that people 
are less likely to read instructions or recognize potential hazards 
associated with the products that they use more frequently (Godfrey et 
al., 1994). Research demonstrates that high familiarity with a product 
can lower a user's inclination to read warnings or reduce the 
likelihood that the user will believe such information, lowering the 
rate of compliance with the warning (Riley, 2004). Window coverings are 
decorative products providing utility and found in every household in 
one form or another. Consumers interact with window coverings daily and 
experienced users are likely to repeat behaviors with little conscious 
thought, especially on a product that they have had numerous prior 
experiences (Riley, 2004).
    Even after users notice and read the warning label, comprehend the 
message and make the decision to follow the instructions, they must 
comply with the warning as instructed to mitigate the hazard. User's 
actual ability to comply with a warning is affected by cost of 
compliance, which includes effort, time, and perceived compromise in 
product performance as well as expense. In the case of window 
coverings, safety recommendations other than purchasing inherently safe 
products (e.g., cordless products or products with inaccessible cords), 
such as keeping cords out of reach of children, moving the furniture 
away from cords, installing a tension device to the wall or floor, and 
installing cord cleats, entail significant limitations or high cost of 
compliance. For example, depending on the room design limitations, 
consumers may not have the ability to keep cords away from furniture. 
Additionally, requiring consumers to wrap the pull cords around the 
cord cleat each and every time the window covering is raised or lowered 
leads to potential errors, such as forgetting the intended action 
during the routine use of the product. ANPR Briefing Memorandum at 5-6.

[[Page 2340]]

D. Available Technology To Address the Hazard

    Although not currently mandatory, a variety of technologies 
currently used by window covering manufacturers on window covering 
products eliminate the risk of strangulation to young children. CPSC's 
engineering staff reviewed window covering products currently on the 
market that incorporate technologies to address the hazard associated 
with corded products. Petition Briefing Package, Tab E at 130-136. 
Available products that address the hazard include, but are not limited 
to: Manual and motorized cordless window coverings, cord shrouds, and 
cord retractors.
    Cords can be made inaccessible with passive guarding devices. 
Passive guarding devices allow the user to operate the window covering 
without direct interaction of a hazardous cord. These types of devices 
would include cord shrouds, integrated cord/chain tensioners, or cord 
retractors.
    Cordless blinds and shades are raised and lowered by pushing the 
bottom rail up or pulling the rail down. This same motion may also be 
used to adjust the position of the horizontal slats for light control. 
Through market research, staff found several examples of cordless 
blinds that can be made with a maximum height 84'' and a maximum width 
of 144''.
    Rigid cord shrouds (Figure 9) can be retrofitted over various types 
of window coverings to enclose pull cords and continuous cord loops. An 
encased clutch system allows the user to utilize the pull cords in the 
cord shroud while eliminating access to the hazardous cords.
[GRAPHIC] [TIFF OMITTED] TP16JA15.011

    Loop cord/bead chain restraining devices (Figure 10) keep the 
looped bead chain taut, preventing access to a hazardous loop, and do 
not require external components to be installed.
[GRAPHIC] [TIFF OMITTED] TP16JA15.012

    Crank mechanisms (Figure 11) replace the continuous loop mechanism 
with a crank/wand mechanism. Because the operating cord is replaced 
with a wand, the strangulation hazards are completely removed.

[[Page 2341]]

[GRAPHIC] [TIFF OMITTED] TP16JA15.013

    Cord retractors (Figure 12) passively retract the operating cord 
within 6 inches of the head rail. These devices are intended to keep 
the operating cords out of the child's reach. Through market research, 
staff found several examples of cord retractors that can be used on 
window coverings with a maximum height of 120'' and a maximum width of 
174''.
[GRAPHIC] [TIFF OMITTED] TP16JA15.014

    Cordless motorized blinds are raised and lowered using an electric 
motor with a supplied controller. These products function in a manner 
similar to the motorized projector screens. Because these products use 
a motor instead of a pull cord, there are no exposed hazardous cords.
    Table 4 groups the hazard patterns with the appropriate available 
technologies.

                              Table 4--Hazard Patterns With Available Technologies
----------------------------------------------------------------------------------------------------------------
                                                                          Does the ANSI/WCMA       Available
                                                                               Standard           technology
                                                           ANSI/WCMA          effectively        (commercially
             Hazard                    Products          requirements     address the hazard    available or in
                                                                            per engineering    prototype stage)
                                                                          staff's assessment   to address hazard
----------------------------------------------------------------------------------------------------------------
Hazard 1. Loops created by        Horizontal blinds,  4.3.2 The product   No--free hanging,   Cordless window
 knotted or tangled cord.          Cellular shades,    shall have one or   exposed operating   coverings, rigid
                                   Roll up blinds,     more separate       cords are           cord shrouds,
                                   Roman shades,       operating cords.    permissible.        crank mechanisms,
                                   Pleated shades.                                             cord retractors,
                                                                                               cordless
                                                                                               motorized window
                                                                                               coverings.

[[Page 2342]]

 
Hazard 2. One or more long cords  Horizontal blinds,  4.3.2 The product   No--accessible,     Cordless window
 which the child wrapped around    Cellular shades,    shall have one or   free hanging        coverings, rigid
 the neck involving pull cords     Roll up blinds,     more separate       cords can be        cord shrouds,
 and tilt cords.                   Roman shades,       operating cords.    wrapped around      crank mechanisms,
                                   Pleated shades.    4.3.9 The product    the neck of a       cord retractors,
                                                       shall, if it        child as incident   and, cordless
                                                       requires a cord     data demonstrates.  motorized window
                                                       connector, limit                        coverings.
                                                       the exposed loop
                                                       above the cord
                                                       connector to less
                                                       than 3 inches
                                                       below the bottom
                                                       of the cord lock
                                                       when bottom rail
                                                       is in the fully
                                                       lowered position..
Hazard 3. Loop above a single     Horizontal blinds,  4.3.2 The product   Yes--by requiring   ..................
 tassel of the cord.               Cellular shades,    shall have one or   either separate
                                   Roll Up blinds,     more separate       tassels on each
                                   Roman shades,       operating cords.    cord or breakaway
                                   Pleated shades.    4.3.3 The Product    tassel, however
                                                       shall contain a     this separate
                                                       cord release        tassel
                                                       device in the       configuration
                                                       loop or the head    presents a
                                                       rail..              wraparound
                                                                           (hazard #1) or
                                                                           knotted loop
                                                                           (hazard#2)
                                                                           strangulation
                                                                           hazards as
                                                                           described above.
Hazard 4. Loop above the stop     Horizontal blinds,  4.3.9 The cord      No--a product that  Cordless window
 ball of the cord.                 Cellular shades,    connector shall     meets the           coverings, rigid
                                   Roll up blinds,     limit the exposed   standard could      cord shrouds,
                                   Roman shades,       loop above the      still contain an    crank mechanisms,
                                   Pleated shades.     cord connector to   accessible          cord retractors,
                                                       less than 3         hazardous loop      and, cordless
                                                       inches below the    when the bottom     motorized window
                                                       bottom of the       rail is raised.     coverings.
                                                       cord lock when
                                                       the bottom rail
                                                       is fully lowered.
Hazard 5. Loop created when pull- Horizontal blinds,  4.3.2 The product   No--consumers may   Cordless window
 cord was tied to another          Cellular shades,    shall have one or   attempt to keep     coverings, rigid
 object, usually on the wall.      Roll up blinds,     more separate       the long cords      cord shrouds,
                                   Roman shades,       operating cords.    away from           crank mechanisms,
                                   Pleated shades.                         children by tying   cord retractors,
                                                                           the cords on a      and, cordless
                                                                           curtain rod or      motorized window
                                                                           other means.        coverings.
Hazard Unknown manner (involving  Horizontal blinds,  N/A...............  Unknown...........  Unknown.
 a pull cord).                     Cellular Shades,
                                   Roll Up blinds,
                                   Roman Shades,
                                   Pleated shades.
Hazard 6. Entanglement in a       Vertical blinds,    4.3.7 The product   No--hazardous       Loop cord/bead
 continuous loop cord.             Roller shades,      shall contain a     loops are not       restraining
                                   Curtains and        cord tension        effectively         device, crank
                                   draperies.          device that will    addressed by the    mechanisms,
                                                       at least            standard when the   motorized option.
                                                       partially prevent   blind continues
                                                       the window          to be
                                                       covering from       operational,
                                                       functioning for     despite the fact
                                                       light control or    that the tension
                                                       privacy when not    device is not
                                                       installed.          properly
                                                                           installed.
Hazard 7a. Entanglement from      Horizontal blinds.  4.4.1 the product   Yes--window
 exposed inner cords with no                           shall have no       coverings
 cord stops.                                           inner cords.        associated with
                                                      4.4.2 no             the inner cord
                                                       accessible inner    hazard scenario
                                                       cords.              appeared to be
                                                      4.4.3 accessible     older products
                                                       inner cords shall   that were
                                                       pass the            manufactured
                                                       hazardous loop      before the 2002
                                                       test.               standard was
                                                      4.4.3.1 inner cord   published.
                                                       stop devices or     Engineering staff
                                                       cord connectors     believes that had
                                                       shall be            the cord stops
                                                       positioned 3        involved in the
                                                       inches or less      incident
                                                       below the head      scenarios met the
                                                       rail.               voluntary
                                                      4.4.4 shrouded       standard, they
                                                       inner cords.        would not likely
                                                                           have occurred.

[[Page 2343]]

 
Hazard 7b. Entanglement from      Horizontal blinds.  4.4.1 the product   Yes--window
 exposed inner cords when the                          shall have no       coverings
 cord stops are positioned too                         inner cords.        associated with
 low.                                                 4.4.2 no             the inner cord
                                                       accessible inner    hazard scenario
                                                       cords.              appeared to be
                                                      4.4.3 accessible     older products
                                                       inner cords shall   that were
                                                       pass the            manufactured
                                                       hazardous loop      before the 2002
                                                       test.               standard was
                                                      4.4.3.1 inner cord   published.
                                                       stop devices or     Engineering staff
                                                       cord connectors     believes that had
                                                       shall be            the cord stops
                                                       positioned 3        involved in the
                                                       inches or less      incident
                                                       below the head      scenarios met the
                                                       rail.               voluntary
                                                      4.4.4 shrouded       standard, they
                                                       inner cords.        would not likely
                                                                           have occurred.
Hazard 8. Entanglement in the     Roman shades......  4.4.1 the product   Yes--the
 Roman shade inner cord.                               shall have no       requirements
                                                       inner cords.        prevent hazardous
                                                      4.4.2 no             inner cords that
                                                       accessible inner    may allow child's
                                                       cords.              head to be
                                                      4.4.3 accessible     inserted to the
                                                       inner cords shall   loop.
                                                       pass the
                                                       hazardous loop
                                                       test.
                                                      4.4.3.1 inner cord
                                                       stop devices or
                                                       cord connectors
                                                       shall be
                                                       positioned 3
                                                       inches or less
                                                       below the head
                                                       rail.
                                                      4.4.4 shrouded
                                                       inner cords.
Hazard 9. Entanglement in the     Roll up blind.....  4.4.5 accessible    Yes--the lifting
 lifting loop.                                         inner cords shall   loop shall be
                                                       feature an inner    pulled 48 times
                                                       cord release        in various
                                                       device.             directions. The
                                                                           lifting loop
                                                                           shall breakaway
                                                                           with an average
                                                                           force not to
                                                                           exceed 3 pounds.
                                                                           This test mimics
                                                                           the force that
                                                                           may be exerted
                                                                           due to the
                                                                           child's head
                                                                           being in the loop.
----------------------------------------------------------------------------------------------------------------

E. Compliance Actions

    Compliance staff began working with WCMA in 1994, when CPSC 
announced a joint recall with the WCMA on how to eliminate the loops on 
pull cords ending in one tassel. Petition Briefing Package, Tab F. The 
WCMA created the larger Window Covering Safety Council (WCSC) to 
include window covering manufacturers and retailers to support the 
recall and to provide free repair kits to consumers. In 1999, after an 
extensive review of the incidents reported to CPSC, Compliance staff 
began a new investigation of window covering deaths resulting from 
inner cords of horizontal blinds. In 2000, CPSC and WCMA again 
announced a joint recall involving inner cord stops to reduce the risk 
of a child pulling on the inner cords and creating a hazardous loop. 
Id. at 142-143.
    In 2005, Compliance staff learned of a nonfatal incident involving 
the inner cord of a Roman shade. Subsequently, CPSC investigated a 
worldwide retailer following a child's death from the inner cord of a 
Roman shade. In 2008, CPSC and the retailer announced a joint recall 
for Roman shades, offering a full refund to consumers. In 2009, CPSC 
and 15 manufacturers and retailers in conjunction with the WCSC, 
announced individual recalls of Roman shades and roll-up blinds. In 
2012, two more recalls occurred: One involving horizontal blinds 
manufactured without inner cord stops and vertical blinds manufactured 
without tension devices, and the second recall to repair and correct an 
assembly error in a breakaway cord connector. Id. at 143-145.

F. Public Education

    Since the window covering-related first safety alert was issued in 
1985, CPSC has been warning parents of the danger of child 
strangulation due to corded window coverings. Petition Briefing 
Package, Briefing Memorandum at 19. CPSC identified window coverings as 
one of the top five hidden home hazards.\19\ Every October, CPSC 
participates jointly with 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 or window coverings with 
inaccessible cords in 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, 
the Neighborhood Safety Network, and

[[Page 2344]]

through partnerships (such as with the Department of Defense) to create 
awareness of the hazards associated with corded window coverings. CPSC 
does not have information to assess the effectiveness of public 
education campaigns.
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    \19\ https://www.cpsc.gov/PageFiles/165163/hidden.pdf.
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V. Existing Standards for Window Covering Products

A. ANSI/WCMA Standard

    Although no mandatory window covering standard exists in the United 
States, the 2014 version of the ANSI/WCMA voluntary standard 
establishes safety performance requirements.. The standard applies to 
all interior corded window covering products sold in the United States 
and includes, but is not limited to, cellular shades, horizontal 
blinds, pleated shades, roll-up style blinds, roller shades, Roman 
style shades, traverse rods, and vertical blinds. The standard was 
first published in 1996, and subsequently was revised six times. The 
latest version was published in 2014. Section IV.A-C of this ANPR 
review provisions in the ANSI/WCMA standard intended to address the 
hazard creating by corded window coverings.

B. International Standards

    Three international standards specify requirements for the safety 
of window coverings:
    (1) Competition and Consumer (Corded Internal Window Coverings) 
Safety Standard 2014 published in Australia (Australian standard),
    (2) Corded Window Covering Products Regulations (SOR/2009-11) and 
CAN/CSA-Z600-14 Safety of Corded Window Covering Products published in 
Canada, which is based on the 2012 ANSI/WCMA standard with some 
modifications (Canadian standard), and
    (3) EN 13120:2009+A1:2014 Internal blinds--Performance requirements 
including safety, EN 16433:2014 Internal blinds--Protection from 
strangulation hazards--Test methods, and EN 16434:2014 Internal 
blinds--Protection from strangulation hazards. Requirements and test 
methods for safety devices published by European Committee for 
Standardization (European standard).
    CPSC engineering staff compared the ANSI/WCMA standard with the 
international standards and concluded that the ANSI standard developed 
by WCMA is one of strongest standards in the world. Petition Briefing 
Package, Tab E at 124-130.
1. Australian Standard
    Australia has a mandatory product safety standard requiring the 
provision of information, warnings, instructions, and safety devices 
with corded internal window coverings (CIWC). A new regulation has been 
enacted requiring those installing CIWC in trade or commerce to follow 
the safety instructions when installing the product and avoid the 
production of dangerous lengths or loops of cord.
    A corded internal window covering must be installed to meet the 
following four requirements:
    a. A loose cord cannot form a 220 mm loop or longer at less than 
1600 mm (62.99 in.).
    b. The product must be installed using the installation instruction 
on the retail packaging and any other provided information about how to 
ensure a loose cord cannot form a loop described in requirement 1.
    c. No part of the cord guide (a device designed to retract, 
tension, or secure a cord) may be installed lower than 1600 mm above 
floor level unless:
    i. The cord guide will stay attached to the wall when subjected to 
70 N applied in any direction for 10 seconds.
    ii. The cord is sufficiently secured or tensioned to prevent the 
formation of a loop 220 mm or longer.
    d. If a cleat is used to secure a cord, it must be installed at 
least 1600 mm above the floor level.
    CPSC does not believe the use of a cord cleat is effective to 
address the strangulation risk.\20\ First, a cord cleat needs to be 
actively installed and used every time. Second, the cord cleat needs to 
be installed at a height not accessible to a child. If the child had 
access to the cord cleat, the resulting hazard would be similar to 
hazard 5: Loop created when pull-cord was tied to another object, 
usually on the wall. Finally the cord cleat needs to take up all the 
excess slack in the cord; excess cord slack could pose a hazard similar 
to the hazard created by loops created by knotted or tangled cord or 
one or more long cords which the child wrapped around the neck (see 
Table 3).
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    \20\ Ibid.
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2. Canadian Standard
    Canada's most recent standard, CAN/CSA-Z600-14, is the 2012 ANSI/
WCMA standard with the inclusion of cord cleats. Cord cleats are 
required for window coverings with accessible cords and shall allow 
complete cording length to be accumulated on the cleat. Instructions on 
how to properly use the cord cleats are also required. Consumers will 
be advised that the cord cleats that are external to the product should 
be installed at a height of 1.6 m above the floor, while cord cleats 
integral to the product shall be within 18 inches of the head rail. 
CPSC maintains the same opinion about cord cleats as explained above in 
section V.B.2 regarding the Australian standard.
3. European Standard
    Many differences exist between the WCMA and European standards, 
with each standard having areas of strength and weakness. Table 5 
compares the operating cord requirements of the ANSI/WCMA standard and 
the European standard.

[[Page 2345]]



                      Table 5--Comparison of ANSI/WCMA Standard With the European Standard
----------------------------------------------------------------------------------------------------------------
                 Test                   ANSI/WCMA  A100.1-2014        EN Standard                Summary
----------------------------------------------------------------------------------------------------------------
Cord Release Device/Cord Shear Device  Cord Release Device &    Breakaway system:        The ANSI/WCMA standard
 vs. Breakaway System.                  Cord Shear Device:      *If installation height   appears to be more
                                       *Create a 3.5 foot loop   is not given, the        conservative because
                                        from the cord and hook   length of pull cord(s)   it requires the cord
                                        a force gage onto it.    shall be less than or    to break away at an
                                       *Twist the force gauge    equal to \2/3\ of the    average of 3 pounds,
                                        360 degrees and draw     height of the curtain..  compared to EN's 13.22
                                        the force gauge at a    *If the installation      pounds.
                                        speed between .1 and 1   height is given, the
                                        inch per second. The     pull cords shall be at
                                        cord shall release       least .6 m above the
                                        within 10 seconds..      floor..
                                       *Repeat for 50 products  *The hazardous loop
                                       *The average release      shall be eliminated
                                        force shall not exceed   when a mass of 13.22
                                        3 pounds for the 50      pounds is gradually
                                        products and all         applied to the pull
                                        products shall have a    cords within 5 seconds
                                        release force below 5    of application..
                                        pounds..
Cord tension vs. Fixed Tensioning      *The tension device      *If the blind's height   The ANSI/WCMA standard
 system.                                shall at least           is <=2.5 m, then pull    is stronger because:
                                        partially prevent the    cords shall be <=1 m.   *It requires the
                                        window covering from    *If the blind's height    product to be
                                        functioning for light    is >2.5 m, then the      installed by partially
                                        control or privacy       pull cords shall be <=   limiting the product's
                                        when not installed.      the height of the        functionality while
                                       *The tension device       curtain minus 1.5 m..    the EN does not.
                                        shall have a minimum    *The distance between    *Even though the EN
                                        tested release force     the two strands of the   allows for a break
                                        of 20 pounds off the     loop shall be no more    away, the tested
                                        wall..                   than 50 mm adjacent to   release force is 13.2
                                       *Using a force gage       the tensioning device..  pounds, which is more
                                        gently pull the loop    *Allows for a breakaway   than the ANSI/WCMA
                                        cord horizontally over   system for the           version.
                                        a period of 5 seconds    continuous corded       *The ANSI/WCMA standard
                                        to create an opening.    system.                  only allows products
                                        Stop pulling the gauge                            into which a head
                                        when it reads 5 pounds                            probe can't be
                                        or the pulled pull                                inserted, while the EN
                                        distance = 25 inches,                             does not.
                                        whichever comes first..
                                       *Determine whether the
                                        head probe can be
                                        inserted into the
                                        created with an
                                        insertion force of 10
                                        pounds. If the probe
                                        can be inserted, then
                                        the loop is hazardous..

[[Page 2346]]

 
Pull Cords...........................  Section 4.3 of the       When the bottom rail is  WCMA is standard is
                                        standard specifies       fully lowered:           stronger as it
                                        that window coverings   *If the blind height is   requires the cord
                                        with an exposed          <=2.5 m, the pull        release device to
                                        operating cord or        cords shall be <=1 m..   release the cord at an
                                        continuous loop         *If the blind height is   average force of 3
                                        operating system shall   >2.5 m, the pull cord    pounds while the WCMA
                                        meet one of the          length shall be no       allow for forces up to
                                        following                longer than the          13.3 pounds.
                                        requirements:            curtain height minus    The EN standard is
                                       4.3.1: Product shall      1.5 m..                  stronger in terms of
                                        have no accessible      If the product has two    the following:
                                        operating cords.         pull cords:.            *It ensures that
                                       4.3.2: Product shall     *Pull cords shall not     tangled cords become
                                        have one or more         tangle..                 eliminated within 5
                                        separate operating      *If cords tangle, the     seconds of a 13.22-
                                        cords.                   loop shall be            pound application,
                                       4.3.3: Product shall      eliminated within 5      WCMA has no such
                                        contain a cord release   seconds of a 6 kg mass   requirement.
                                        device in the loop or    application..           *It restricts the
                                        head rail.              *Pull cords shall be      length on continuous
                                       4.3.4: Product shall      connected using a        loop and breakaway
                                        contain a permanently    breakaway system. The    pull cords to reduce
                                        attached cord            hazardous loop shall     access to the cord. If
                                        retraction device.       be eliminated within 5   the product does not
                                       4.3.5: Product shall      seconds of a 6kg mass    meet the length
                                        contain a cord shear     application..            requirements, then the
                                        device.                 If the product has more   product must be fitted
                                       4.3.6: Product shall      than two pull cords:.    with an accumulation
                                        contain a cord shroud   *Pull cords shall be      system to contain all
                                        device.                  connected together       of the excess cord,
                                       4.3.7: Product shall      using a breakaway        not allowing more than
                                        contain a cord tension   system..                 100 mm of cord when
                                        device.                 *The hazardous loop       60N is applied to it.
                                       4.3.8: Product shall      shall be eliminated      The WCMA standard does
                                        contain a loop cord or   within 5 seconds of a    not restrict the pull
                                        bead chain-restraining   6kg mass application..   cord length and the
                                        device.                 If the product has more   cord retractor is an
                                       4.3.9: If the product     than four pull cords     optional requirement.
                                        requires a cord          in the absence of a     *In addition to the
                                        connector, i.e. stop     suitable breakaway       length requirement, it
                                        ball, the exposed loop   connector:.              requires the pull
                                        above the cord          *Cords may be connected   cords to either be
                                        connector shall be       to a single pull cord    connected with a
                                        limited to less than 3   positioned <50 mm from   breakaway device, for
                                        in below the bottom of   the head rail when the   less than four pull
                                        the cord lock when the   bottom rail is fully     cords, or connected
                                        bottom rail is fully     lowered..                less than 50 mm below
                                        lowered..                                         the head rail for more
                                                                                          than four pull cords.
                                                                                          WCMA standard does not
                                                                                          have this requirement.
                                                                                         *Does not allow for
                                                                                          multiple separate
                                                                                          cords without any
                                                                                          other protection
                                                                                          devices. WCMA standard
                                                                                          allows for multiple
                                                                                          cords.
Inner Cords..........................  Section 4.4 of the       *The maximum distance    The WCMA standard is
                                        standard specifies       between two              stronger because:
                                        that window coverings    consecutive attachment/ *The head probe is
                                        containing inner cords   retention points of      inserted while the
                                        shall meet one of the    inner cords shall be     inner cord loop is
                                        following                <=200 mm.                held open with the
                                        requirements:           *It shall not be          force gage. However,
                                       4.4.1: Product shall      possible to insert the   the EN standard
                                        have no inner cords..    head probe (W 148 mm     releases the inner
                                       4.4.2: Product shall      by L 110 mm by H 150     cord after it was
                                        have no accessible       mm) between the inner    pulled and then the
                                        inner cords using a      cords after 50 N is      head probe is
                                        test probe with a        applied and released     inserted. The weight
                                        diameter of 51 mm for    from the inner cords.    of the bottom rail
                                        open construction and    The dimension of the     could potentially
                                        102 mm for closed        loop shall not be        remove the inner cord
                                        construction. Any cord   increased when           loop.
                                        that the probe can       inserting the probe..   *The WCMA standard also
                                        touch is considered     If either of the above    gives the option for
                                        accessible. If the       requirements are not     inner cord stops,
                                        inner cords are          met, the hazardous       which the EN standard
                                        accessible, then pull    loop shall be            fails to mention.
                                        on the cord with a       eliminated when 58.83   The EN standard is
                                        force gage until it      N is applied within 5    stronger because it
                                        reads 22.24 N or 635     seconds of               pulls on the inner
                                        mm of slack is pulled,   application..            cord with 50 N vs
                                        whichever comes first.                            WCMA's 22.24 N.
                                        The head probe,
                                        dimensions of W 148 mm
                                        by H 110 mm by H 150
                                        mm, shall not be able
                                        to be inserted in the
                                        loop with a force of
                                        44.5 N..
                                       4.4.3: Products that
                                        have accessible inner
                                        cords shall
                                        incorporate an inner
                                        cord stop device or
                                        cord connector 76.2 mm
                                        or less below head
                                        rail when bottom rail
                                        is fully lowered..
                                       4.4.4: Product shall
                                        have an inner cord
                                        shroud..
                                       4.4.5: If the product
                                        is a roll up style,
                                        blind, accessible
                                        inner cords shall have
                                        a cord release device..

[[Page 2347]]

 
Cord Accumulation System.............  N/A....................  Accumulation systems     Neither the ANSI/WCMA,
                                                                 (e.g., cord cleats)      nor the EN standard is
                                                                 are required to be       stronger standard.
                                                                 installed per the        Having an accumulation
                                                                 manufactures             system can possibly
                                                                 instructions which       keep the cord out of a
                                                                 should be at least 1.5   child's reach and at
                                                                 m above the ground. In   the same time pose a
                                                                 addition, no more than   hazard similar to,
                                                                 100 mm of cord shall     Hazard 5. Loop created
                                                                 be released after a      when pull-cord was
                                                                 force of 13.48 pounds    tied to another
                                                                 is applied to any of     object, usually on the
                                                                 the cords.               wall.
----------------------------------------------------------------------------------------------------------------

C. International Alignment Agreement

    In February 2012, participating staff of the Australia Competition 
and Consumer Commission, Health Canada, European Commission Directorate 
General for Health & Consumers, and the CPSC reached consensus on a 
document that describes approaches to addressing the strangulation 
hazard related to corded window coverings. Petition Briefing Package, 
Briefing Memorandum at 13-14. The document includes a hierarchy of the 
various solutions, recognizing that different approaches may be 
necessary for making different types of products safer:

    To achieve the greatest permanent reductions in strangulations 
from corded window covering products, the product designs should 
eliminate exposure to the hazard or eliminate the hazard entirely. 
At the top of the hierarchy of safe solutions for window coverings 
are the following:
     The product has no accessible cords under any 
conditions of foreseeable use or misuse.
     The product has accessible cords that cannot form a 
hazardous loop under any conditions of foreseeable use or misuse, 
including failure to heed warnings or incorrect installation.
    The following approach provides for the next level in the 
hierarchy of solutions to reduce strangulation hazard:
     The product is provided with safety devices to be 
installed ensuring that accessible cords cannot form a hazardous 
loop. Instructions and warnings are provided for correct 
installation.
    Due to variable factors, such as a consumer's diligence and 
ability to follow all installation instructions and heed all 
warnings, there is a difference between this approach and the 
approach providing the highest level of safety. Finally, relying 
solely on warnings that the product contains hazardous loops that 
could strangle a child is considered insufficient to prevent 
fatalities.
    Warnings and instructions for safe use however should continue 
to be present on all corded window coverings, their packaging, and 
their instructions. Public education efforts should encourage the 
use of safe window coverings and removal of products with accessible 
cords that can form hazardous loops.

VI. Relevant Statutory Provisions

    The Commission is conducting this proceeding under the Consumer 
Product Safety Act (``CPSA''). 15 U.S.C. 2051 et seq. Window covering 
products are consumer products. Id. 2052(a)(5). Under section 7 of the 
CPSA, the Commission can issue a consumer product safety standard if 
the requirements of such a standard are ``reasonably necessary to 
prevent or reduce an unreasonable risk of injury associated with [a 
consumer product].'' Id. 2056(a). Such a standard must be expressed in 
terms of performance requirements or requirements for warnings or 
instructions. Id. Under section 8 of the CPSA, the Commission can issue 
a rule declaring a product to be a banned hazardous product when the 
Commission finds that a consumer product is being, or will be, 
distributed in commerce and there is no feasible consumer product 
safety standard that would adequately protect the public from the 
unreasonable risk associated with the product. Id. 2057.
    Section 9 of the CPSA sets out the procedure that the Commission 
must follow to issue a standard or a banning rule. The rulemaking may 
begin with an ANPR that identifies the product and the nature of the 
risk of injury associated with the product, summarizes the regulatory 
alternatives considered by the Commission, and provides information 
about any relevant existing standards and a summary of the reasons the 
Commission believes they would not eliminate or adequately reduce the 
risk of injury. The ANPR also must invite comments concerning the risk 
of injury and regulatory alternatives and invite the public to submit 
an existing standard or a statement of intent to modify or develop a 
voluntary standard to address the risk of injury. Id. 2058(a).
    The next step in the rulemaking would be for us to review comments 
submitted in response to the ANPR and decide whether to issue a 
proposed rule along with a preliminary regulatory analysis. The 
preliminary regulatory analysis would describe potential benefits and 
costs of the proposal, discuss reasonable alternatives, and summarize 
the potential benefits and costs of the alternatives. Id. 2058(c). We 
would then review comments on the proposed rule and decide whether to 
issue a final rule along with a final regulatory analysis. Id. 2058(d) 
through (g).

VII. Preliminary Estimate of Societal Costs

    Tab G of the Petition Briefing Package estimates societal costs 
associated with deaths and injuries from corded window covering 
products. Based on deaths reported from 1999 through 2010, and 
medically attended injuries from 1996 through 2012, the societal costs 
associated with deaths and injuries involving window covering cords may 
have amounted to an average of about $110.7 million annually. EC staff 
estimated that an average of about 20 percent of the window 
coverings\21\ were cordless (or did not have accessible cords) during 
the 1996 through 2012 time period, which suggests that these injuries 
and deaths were associated with the roughly 832 million window 
coverings in use that had accessible cords.
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    \21\ Based on EC staff's estimate that about 25 percent of 
current market sales consist of cordless products, the increasing 
availability and sales of cordless products in recent years, and the 
assumption that only about one-third of curtains and draperies have 
cords.
---------------------------------------------------------------------------

    Based on the estimates provided in the Petition Briefing Package, 
the societal costs may have amounted to an average of about $0.13 per 
corded window covering per year (i.e., $110.7 million / 832 million 
window coverings) from 1996 through 2012. Additionally, because window 
coverings remain in use for an average of about 7 years, the expected 
present

[[Page 2348]]

value of the annual societal costs (discounted at a rate of 3.0 
percent) would average about $0.85 per corded covering over its 
expected product life.

VIII. Regulatory Alternatives

    The Commission is considering the following alternatives to address 
the risk of injury associated with corded window covering products:

A. Mandatory Standard

    The Commission could issue a rule specifying performance 
requirements for corded window coverings to reduce the risk of injury 
identified with these products. For example, to address the pull cord 
and continuous loop hazards, one option may be to develop a mandatory 
rule that is similar to the current ANSI/WCMA standard, which provides 
manufacturers a list of options to make safe window coverings. Such a 
rule could require that pull cords and continuous loops be tested for 
accessibility similar to the inner cords that are currently required by 
the standard. If accessible cords are found, a hazardous loop test 
procedure similar to the current procedure, but with some 
modifications, could be applied to determine if cords can create a 
hazardous loop.
    Another option for a mandatory rule would be to issue a rule 
consistent with the petitioners' request, which would prohibit window 
covering cords if a feasible cordless alternative exists; and for 
instances in which a feasible cordless alternative does not exist, 
require that all cords be made inaccessible by using a passive guarding 
device.
    A third option for a mandatory rule may be to model such a rule 
after one of the enumerated international standards in section VII, or 
relevant portions of such standards.
    For any mandatory rule, the Commission could issue a rule that 
focuses on performance requirements or issue a rule that includes both 
performance requirements and labeling requirements to address the risk 
of strangulation. The Commission is interested in comments on the 
approaches described above, as well as any other suggestions to develop 
a mandatory standard to address the risk of injury associated with 
window covering cords. To issue a mandatory standard, the Commission 
would need to assess the costs and benefits of the requirements. 
Accordingly, the CPSC is interested in an assessment of the costs and 
benefits associated with options for a mandatory rule.

B. Labeling Rule

    The Commission could issue a mandatory rule that relies on warning 
labels. CPSC staff is concerned that warning labels have limited 
effectiveness for a product that is familiar, used frequently, and 
contains a hidden hazard, as explained in Section IV.C.2 of this 
notice.

C. Banning Rule

    The Commission could issue a rule declaring window covering 
products with cords to be banned hazardous products, if we found that 
no feasible consumer product safety standard would adequately protect 
the public from the unreasonable risk of injury associated with these 
products.

D. Reliance on Voluntary Standard

    If the Commission determines that a voluntary standard is adequate 
to address the risk of injury associated with corded window covering 
products, and that substantial compliance with the standard exists in 
the industry, we must rely on the voluntary standard, in lieu of 
issuing a mandatory rule. 15 U.S.C. 2058(b)(2).
    If the Commission announces in the Federal Register its intention 
to rely on the voluntary standard, this would obligate manufacturers, 
distributors, and retailers to report any product that does not comply 
with the standard, even a product with no incidents. 15 U.S.C. 
2064(b)(1). Failure to report could result in penalties. 15 U.S.C. 
2068(a)(4).
    As explained in the Petition Briefing Package, CPSC engineering 
staff believes the current version of the ANSI/WCMA voluntary standard 
would fail to eliminate or adequately reduce the strangulation hazard 
to children because at least 57 percent of the incidents that occurred 
could still occur with pull cords and continuous loops on window 
coverings that meet the current version of the ANSI/WCMA standard.

E. No Regulatory Action

    The Commission could take no regulatory action but continue to rely 
on corrective actions under section 15 of the CPSA and/or public 
education campaigns to address the risk of injury associated with 
corded window covering products. The Commission could continue to rely 
on recalls to address hazards associated with window coverings. For 
example, CPSC and WCMA announced joint recalls to eliminate the loops 
on pull cords ending in one tassel by offering free tassels; to reduce 
the incidents associated with horizontal blind inner cords by offering 
free inner cord stops, and repair kits to remove inner cords from Roman 
shades. The ANSI/WCMA standard was revised accordingly after these 
recalls to add performance requirements associated with these hazards.
    To date, no recalls have addressed the issue of pull cords ending 
in separate tassels or continuous loops that did not require an 
external tension device to be installed. Accordingly, just like a 
mandatory rule, relying on recalls to address hazards associated with 
continuous loops and pull cords would also require a solution from 
manufacturers to implement for the products that have been sold and for 
future production. We are also concerned that relying on recalls 
requires staff to establish independently that each window covering in 
question presents a substantial product hazard. In addition, a recall 
of an individual manufacturer's window covering has no binding effect 
on other manufacturers who may have similar products that present the 
same hazard.
    The Commission could also continue to pursue public information and 
education campaigns. In addition to compliance activities, CPSC has 
been warning parents of the danger of child strangulation due to corded 
window coverings since the first safety alert that was issued in 1985. 
CPSC has identified window coverings as one of the top five hidden home 
hazards.\22\ Every October, CPSC participates 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 the Window Covering Safety Council (WCSC) 
recommend cordless window coverings at homes where young children live 
or visit. CPSC reaches out to consumers to create awareness of the 
hazards associated with corded window coverings. Staff does not have 
information to assess the effectiveness of public education campaigns 
to date; however, the lack of an observable trend in the data over this 
time period indicates that such campaigns are not effectively reducing 
the risk.
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    \22\ https://www.cpsc.gov/PageFiles/165163/hidden.pdf.
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IX. Solicitation of Information and Comments

    This ANPR is the first step of a proceeding that could result in a 
mandatory rule for corded window covering products. We invite 
interested persons to submit comments on any aspect of the alternatives 
discussed above.

[[Page 2349]]

A. CPSA Requirements

    In accordance with section 9(a) of the CPSA, we also invite 
comments on:
    1. The risk of injury identified by the Commission, the regulatory 
alternatives being considered, and other possible alternatives for 
addressing the risk.
    2. Any existing standard or portion of a standard that could be 
issued as a proposed regulation.
    3. A statement of intention to modify or develop a voluntary 
standard to address the risk of injury discussed in this notice, along 
with a description of a plan (including a schedule) to do so.

B. Information Specific to Corded Window Coverings

    In addition, we invite comments and information concerning the 
following:
    1. What corded window covering products should we include or 
exclude from the rulemaking and why? For example, we can include all 
corded window covering products, or we could just include products most 
likely to be found in homes and residences, and exclude larger products 
intended for commercial use.
    2. What possible warnings or instructions for corded window 
coverings could address the risk of injury? The current ANSI/WCMA 
standard requires warning labels, yet injuries and deaths continue. Are 
there additional warnings that could address the risk of injury?
    3. What possible performance requirements for window covering cords 
could address the risk of injury?
    4. Are there sections in a foreign or international standard that 
can be adopted as part of a mandatory rule?
    5. What are the current costs to manufacturers to comply with the 
labeling requirements in the current ANSI/WCMA voluntary standard? What 
are the potential costs to manufacturers of labeling or performance 
requirements?
    6. What are the potential benefits of a rule that would require 
warnings or instructions for corded window coverings?
    7. What are the potential benefits of a rule that would establish 
performance requirements for corded window coverings?
    8. What are the potential costs, economic and societal, of banning 
cords on window covering products? What alternative products would 
remain available?
    9. What is the potential impact on small entities of a rule based 
on the options presented above?
    10. Do consumers actually install and consistently use cord cleats 
and cord tensioning devices correctly? Are there other actions 
consumers take to reduce access to loops or cords?
    11. How can public education campaigns on window covering safety be 
improved? How can the effectiveness of such campaigns be measured?
Market Information
    12. What percent or share of the market or how many products are in 
use for curtains and drapes are corded, cordless, or have inaccessible 
cords?
    13. How many window coverings are in use in U.S. households, by 
window covering type, if possible?
    14. What proportion of the window coverings in use are cordless, by 
window covering type, if possible?
Cordless Products and Products With Inaccessible Cords
    15. What percent of the market (as measured by sales volume) 
constitutes cordless products?
    16. What percent of the market (as measured by sales volume) 
constitute products with inaccessible cords?
    17. What are annual dollar sales and unit sales volumes of cordless 
products, in total, and by product type, e.g. vertical blinds, 
horizontal blinds, curtains, and the various types of shades, such as 
cellular, pleated, roller, roll-up and Roman shades?
    18. What are annual dollar sales and unit sales volumes of products 
with inaccessible cords, in total and by product type, e.g. vertical 
blinds, horizontal blinds, curtains, and the various types of shades, 
such as cellular, pleated, roller, roll-up and Roman shades?
    19. What efforts have been made to market these solutions to 
consumers both at retail, online, and through direct outreach?
    20. What proportion of curtains or drapery coverings are used with 
looped or other types of cords for opening and closing?
    21. Information on size limitation(s) for cordless products. For 
example, would certain types of blinds or shades be too large or too 
heavy to be made into a cordless product?
    22. Information on size limitation(s) for products with 
inaccessible cords. For example, would certain types of blinds or 
shades be too large or too heavy to be made into products with 
inaccessible cords?
    23. Are there any other factors that would limit the production or 
use of cordless products and products with inaccessible cords?
    24. What is the size of the market for custom made cordless 
products, in annual dollar sales value or unit sales volume?
    25. What is the size of the market for custom-made products with 
inaccessible cords, in annual dollar sales value or unit sales volume?
    26. What is the expected product life of the various types of 
blinds and shades that are currently being sold in the marketplace?
    27. How does the product life of cordless products compare to (or 
differ from) the product life of corded products?
    28. How does the product life of products with inaccessible cords 
compare to (or differ from) the product life of corded products?
    29. Are cordless options available that would be inappropriate for 
populations with limited mobility or the elderly?
    30. Are products with inaccessible cords available that would be 
inappropriate for populations with limited mobility or the elderly?
    31. What technologies are available as alternatives to a corded 
operating system?
    32. What are the methods by which corded products can be converted 
into cordless products in the production process? What would the change 
in unit cost be for such conversions?
    33. What are the methods by which corded products can be converted 
into products with inaccessible cords in the production process? What 
would the change in unit cost be for such conversions?
    34. What are the potential benefits and limitations of tensioning 
devices that would render the window coverings completely inoperable if 
not installed properly?
Information on Compliance With the Voluntary Standard
    35. As described in section VIII, one regulatory alternative is 
reliance on the voluntary standard issued by ANSI/WCMA.
    a. Is the ANSI/WCMA standard likely to result in the elimination or 
adequate reduction of the risk of injury associated with window 
covering cords?
    b. What effect, if any; would the obligation to report non-
compliant products under 15 U.S.C. 2064(b)(l) have on compliance with 
the standard?
    36. What percentage of the market (in terms of sales) or producers 
comply with the voluntary standard? Should the Commission consider this 
percentage to be ``substantial compliance'' within the meaning of the 
CPSA?
    37. Does the current level of conformance to the voluntary standard 
differ for the various types of window coverings? If so, to what 
levels?

[[Page 2350]]

Information on Manufacturer Cost
    38. What is the typical difference in cost to produce cordless 
products, products with inaccessible cords, and corded window 
coverings? If possible, please provide the information by window 
covering type (e.g. vertical blinds, horizontal blinds, and the various 
types of shades, such as cellular, pleated, roller, roll-up and Roman)?
    39. What is the manufacturer's cost to produce various safety 
technologies, including research and development costs, and components, 
such as a retractable cord operating system, cord cleat, or cord 
shroud?
    40. How would manufacturing these products in large quantities 
change the cost? Please provide examples in terms of quantity and price 
change (%).

Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-00566 Filed 1-15-15; 8:45 am]
BILLING CODE 6355-01-P