Safety Standard for Architectural Glazing Materials, 15427-15431 [2016-06523]

Download as PDF Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Rules and Regulations unit(s) will serve as the new expected BEP flow rate and the unit(s) will be retested until such time as the measured rate of flow (flow rate) at BEP and nominal speed of rotation is within 5 percent of the expected BEP flow rate. (2) DOE will test each pump unit according to the test method specified by the manufacturer in the certification report submitted pursuant to § 429.59(b). Issued in Washington, DC, on March 15, 2016. Kathleen Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. [FR Doc. 2016–06580 Filed 3–22–16; 8:45 am] BILLING CODE 6450–01–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1201 [CPSC Docket No. CPSC–2012–0049] Safety Standard for Architectural Glazing Materials Consumer Product Safety Commission. ACTION: Final rule. AGENCY: The Consumer Product Safety Commission (‘‘CPSC’’ or ‘‘Commission’’) amends the Safety Standard for Architectural Glazing Materials to replace the testing procedures for glazing materials in certain architectural products with the testing procedures contained in the voluntary standard ANSI Z97.1–2015, American National Standard for Safety Glazing Materials Used in Buildings—Safety Performance Specifications and Methods of Test. DATES: The rule is effective on April 22, 2016. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of April 22, 2016. FOR FURTHER INFORMATION CONTACT: Brian Baker, Project Manager, Division of Mechanical Engineering, Directorate for Laboratory Sciences, Office of Hazard Identification and Reduction, Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; telephone: 301–987–2289; bbaker@ cpsc.gov. jstallworth on DSK7TPTVN1PROD with RULES SUMMARY: SUPPLEMENTARY INFORMATION: I. Background A. Safety Standard for Architectural Glazing Materials On January 6, 1977 (42 FR 1427), as amended on June 20, 1977 (42 FR VerDate Sep<11>2014 15:23 Mar 22, 2016 Jkt 238001 31164), the Commission issued the Safety Standard for Architectural Glazing Materials under the Consumer Product Safety Act (‘‘CPSA’’) to reduce or eliminate risks of injuries associated with walking, running, or falling through or against glazing materials (‘‘CPSC standard’’). The standard applies to glazing materials used or intended for use in any of the following architectural products: (1) Storm doors or combination doors; (2) Doors (both exterior and interior); (3) Bathtub doors and enclosures; (4) Shower doors and enclosures; and (5) Sliding glass doors (patio-type). The standard applies to glazing materials and architectural products incorporating glazing materials that are produced or distributed for sale to or for the personal use, consumption or enjoyment of consumers in or around a permanent or temporary household or residence or in recreational, school, public, or other buildings or parts thereof. The standard was codified at 16 CFR part 1201. The standard exempts certain products, materials, and uses including: Wired glass used in doors or other assemblies to retard the passage of fire where such door or assembly is required by federal, state, local, or municipal fire ordinance; louvers of jalousie doors; and openings of doors through which a 3 inch diameter sphere is unable to pass. Carved glass, dalle glass, or leaded glass, which is used in doors and glazed panels are exempt if the glazing material meets all of the following criteria: • The coloring, texturing, or other design qualities or components of the glazing material cannot be removed without destroying the material; and • The primary purpose of such glazing is decorative or artistic; and • The glazing material is conspicuously colored or textured so as to be plainly visible and plainly identifiable as aesthetic or decorative rather than functional (other than for the purpose of admitting or controlling admission of light components or heat and cold); and • The glazing material, or assembly into which it is incorporated, is divided into segments by conspicuous and plainly visible lines. Other exempt materials include glazing materials used as curved glazed panels in revolving doors; and commercial refrigerator cabinet glazed doors. See, 16 CFR 1201.1(c). On September 27, 1978, (43 FR 43704), the Commission amended the standard to clarify the definitions, description of test apparatus, and test procedures in the standard. The Commission subsequently revoked PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 15427 portions of the standard that prescribed requirements for ‘‘glazed panels’’ (45 FR 67383, August 28, 1980); an accelerated environmental durability test for plastic glazing materials intended for outdoor exposure (45 FR 66002, October 6, 1980); and a modulus of elasticity test, a harness test, and an indoor aging test applicable to plastic glazing materials (47 FR 27853, June 28, 1982). 16 CFR 1201.1(d) n.1. Tempered glass, wired glass, and annealed glass are also exempt from the accelerated environmental durability tests. See, 16 CFR 1201.4(a)(2). B. Petition On June 26, 2012, the Commission received a petition from the Safety Glazing Certification Council (‘‘SGCC’’ or ‘‘petitioner’’) requesting that the Commission initiate rulemaking to replace the testing procedures for glazing materials in certain architectural products set forth in 16 CFR 1201.4 with the testing procedures contained in the voluntary standard, ANSI Z97.1–2009ε2, American National Standard for Safety Glazing Materials Used in Buildings— Safety Performance Specifications and Methods of Test (the ANSI standard). SGCC stated that consumers and the glazing industry would be better served if the test procedures for glazing materials used in architectural products in 16 CFR 1201.4 were replaced with the ANSI standard because the ANSI test procedures are more efficient and modern, having been updated periodically, in contrast to the CPSC standard. On April 9, 2013, the Commission voted to grant the petition. C. The Proposed Rule On May 22, 2015, the Commission published a notice of proposed rulemaking (‘‘NPR’’) in the Federal Register (80 FR 29555) to amend the Safety Standard for Architectural Glazing Materials (16 CFR part 1201). The NPR proposed to replace the testing procedures for glazing materials in certain architectural products, set forth in 16 CFR 1201.4, with the testing procedures contained in the voluntary standard, ANSI Z97.1–2009ε2. The ANSI standard establishes specifications and methods of testing for the safety properties of glazing materials used for building and architectural purposes. The tests for safety glazing materials in the ANSI standard include impact, center punch fragmentation, thermal, weathering, indoor aging, hardness, and modulus tests. The NPR proposed to replace the CPSC test procedures in 16 CFR 1201.4 with the ANSI Z97.1–2009ε2 to clarify the existing test procedures. The E:\FR\FM\23MRR1.SGM 23MRR1 jstallworth on DSK7TPTVN1PROD with RULES 15428 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Rules and Regulations clarifications included replacing obsolete ASTM standard references in the CPSC standard, 16 CFR 1201.4(b)(3)(ii), with current references, and replacing the impact test construction drawings in section 16 CFR 1201.4(b), with larger and clearer construction assembly drawings in ANSI Z97.1–2009ε2. The NPR also proposed to clarify the method and number of specimens to be impact tested and the procedures for evaluating tempered glass by using a ‘‘Center Punch Fragmentation Test,’’ to provide a more accurate and efficient way of measuring potential failures from impact tests for tempered glass. ANSI Z97.1–2009ε2 provided three impact categories for testing: A 400 footpound impact test (Class A); a 150 footpound impact test (Class B); and a 100 foot-pound impact test (Class C) for fireresistant wired glass. The NPR did not propose to modify the impact categories for testing. The CPSC standard provides only two impact categories, 150 footpound impact test (Category I) and 400 foot-pound impact test (Category II), 16 CFR 1201.4(d). Accordingly, the NPR proposed to keep the CPSC standard’s Category I and Category II test because these tests were the equivalent of the ANSI Class B test and Class A test, respectively. However, the Commission did not propose the Class C test in the ANSI Z97.1–2009ε2 standard because it was only applicable to fire-resistant wired glass, a product that is exempt from the CPSC standard. The Commission explained in the preamble to the NPR that the proposed amendment replacing the test procedures specified in the CPSC mandatory standard with the test procedures in the ANSI Z97.1–2009ε2 standard would not involve a material change to the Commission’s regulations at 16 CFR part 1201. Under section 9(h) of the CPSA, if an amendment of a consumer product safety rule ‘‘involves a material change,’’ 15 U.S.C. 2058(h), the Commission must make certain findings, including a finding that the amendment is ‘‘reasonably necessary to prevent or reduce an unreasonable risk of injury associated with such product’’; the expected benefits of the amended rule ‘‘bear a reasonable relationship to its costs’’; and the amended rule imposes ‘‘the least burdensome requirement which prevents or adequately reduces the risk of injury for which the rule is being promulgated.’’ Id. §§ 2056(a); 2058(a)–(g). If the amendment does not constitute ‘‘a material change’’ for purposes of section 9(h) of the CPSA, the Commission is not required to make the findings that are VerDate Sep<11>2014 15:23 Mar 22, 2016 Jkt 238001 otherwise required for the amendment of a consumer product safety rule. The Commission stated that the proposed amendment adopting the ANSI Z97.1–2009ε2 test procedures would not involve a material change that would alter the original basic purpose of the CPSC standard to assess the safety of architectural glazing materials because: (1) The ANSI Z97.1– 2009ε2 test procedures, if adopted, would serve to clarify the existing test procedures and update outdated references to current test methods; (2) the proposed amendment would be unlikely to have an important or significant impact on the safety of consumers because testing to either standard provided consistent and comparable test results; and (3) the ANSI Z97.1–2009ε2 test procedures would not impose any additional burdens on the regulated industry and would result in less redundant, more efficient, and less costly testing of the architectural glazing materials. D. Revised ANSI Standard When the NPR was published on May 22, 2015, ANSI Z97.1–2009ε2, American National Standard for Safety Glazing Materials Used in Buildings—Safety Performance Specifications and Methods of Test was the voluntary standard in effect. In March 2015, a new version of ANSI Z97.1–2015 was approved and published on September 24, 2015. ANSI Z97.1–2015 contains updates to several sections of ANSI Z97.1–2009ε2. The most significant update in ANSI Z97.1–2015 is that ANSI Z97.1–2015 removed the Class C impact category (100 ft-lb impact test) for fire-resistant wired glass. ANSI Z97.1–2015 now requires all safety glazing materials, including wired glass, to conform to Class A (400 ft-lb) or Class B (150 ft-lb) impact test requirements. In addition, ANSI Z97.1–2015 updates references and makes minor organizational and terminology changes. Other clarifications that were made to the test methods in ANSI Z97.1–2015 include the following: • Removes the need for weathering tests for specimens constructed of laminated, organic coated or plastic glazings if certain criteria are met (4.6); • specifies that laminated and organic-coated glazing optical measurements may be taken on an unexposed sample (4.6.2); • specifies the evaluation criteria for shot bag impact procedures for glazing materials (5.1.4); • clarifies the center punch fragmentation test and procedure on tempered glass specimens (flat glass and bent glass) and interpretation of results PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 on tempered glass specimens and equipment (5.2–5.2.4); • clarifies the procedure for thermal test for laminated and organic coated glazings (boil testing and bake testing) (5.3–5.3.3); and • clarifies the procedure for weathering methods for laminated, organic-coated and plastic glazings (5.4– 5.4.3). II. Response to Comments on the Proposed Rule The Commission received nine comments on the NPR. Commenters include members of the Accredited Standards Committee of ANSI, Advocates for Safe Glass, the Glass Association of North America (‘‘GANA’’), Eastman Chemical Company, the SGCC, and SaftiFirst, Inc. Incorporation by Reference All of the commenters support substituting the CPSC test procedures in 16 CFR part 1201 with the ANSI standard, if the Commission adopts the more recent ANSI Z97.1–2015 test procedures, rather than ANSI Z97.1– 2009ε2. Several commenters request that the Commission not adopt a specific year version of the standard, but rather, adopt a more generic phrase, such as ‘‘most current version’’ of the ANSI standard, to ensure that the incorporation by reference always refers to the current version of the ANSI standard, rather than a specific version. Response Although we recognize that the ANSI standard will be revised in the future, the Director of the Office of the Federal Register requires that publication of a document containing an incorporation by reference must specify the edition of the publication that is approved. The regulations governing incorporation by reference specifically provide that ‘‘[i]ncorporation by reference of a publication is limited to the edition of the publication that is approved. Future amendments or revisions of the publication are not included.’’ 1 CFR 51.1(f). Accordingly, the Commission cannot issue a rule that mandates ‘‘the most current version’’ of the ANSI standard, but rather, must identify the specific version of the standard. Therefore, the rule incorporates by reference the ANSI Z97.1–2015 version. If a new version is issued in the future, the Commission will consider revising the CPSC standard to refer to the updated ANSI standard at that time. Class C Fire-Resistant Rated Wire Glass Many of the commenters state that the ANSI Z97.1–2015 version is an E:\FR\FM\23MRR1.SGM 23MRR1 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Rules and Regulations jstallworth on DSK7TPTVN1PROD with RULES improvement of the ANSI Z97.1–2009ε2 standard because the 2015 version eliminates the testing of fire-resistant rated wire glass under a lower Class C impact test procedure. One commenter states that the scope of the materials covered by the CPSC standard is now congruent with ANSI Z97.1–2015 because wired glass is exempt from the CPSC standard. Another commenter states that the wired glass product causes serious and fatal injuries and that CPSC should not expand the scope of the exemption for wired glass by accepting a lower Class C requirement. Response The current version of the ANSI standard, ANSI Z97.1–2015, eliminates the testing of fire-resistant wired glass under a lower Class C impact test procedure. The CPSC standard exempts fire-resistant wired glass. The scope of the exemption for the wired glass under 16 CFR 1201.1(c)(1) has always been narrow: First, the wired glass must be used in a door (or other assembly subject to the rule); second, the wired glass must be used ‘‘to retard the passage of fire’’ and third, the particular use of the wired glass must be required by a federal, state, local, or municipal fire ordinance. Thus, the use of wired glass, even in fire doors, is not automatically permitted in all locations or all jurisdictions. Rather, it must be demonstrated that the particular use is required by law for fire safety. The Commission believes that the architectural glazing industry is evolving and that the industry is developing technology to improve glazing materials so that they can meet the ANSI Z97.1–2015 Class A and Class B impact tests. To give the industry adequate time to comply with the new testing requirements, including fireresistant wired glass, the Commission will not remove the exemption in the CPSC standard at this time. Accordingly, the Commission will continue to exempt fire-resistant wired glass under the current exemption under the circumstances set forth in 16 CFR 1201.1(c)(1). However, the Commission finds that additional clarification is necessary to reduce confusion regarding the terminology for impact categories used by ANSI and the CPSC. As stated, 16 CFR 1201.4(d) provides two impact categories, 150 foot-pound impact test (Category I) and 400 foot-pound impact test (Category II). ANSI Z97.1–2015 does not use the same terms, but instead, uses terms ‘‘Class A’’ and ‘‘Class B’’ to delineate impact test drop height requirements. Category I products are impact-tested to the drop height requirement applicable to Class B VerDate Sep<11>2014 15:23 Mar 22, 2016 Jkt 238001 products (18 inches to 18.5 inches), and Category II products are tested to the same height applicable to Class A products (48 inches to 48.5 inches). The Category 1 test is the equivalent to the Class B test (18 inches is 1.5 ft—1.5 ft × 100 lbs = 150 ft-lb), and the Category II test is the equivalent of the Class A test (48 inches is 4 ft—4 ft × 100 lbs = 400 ft-lb). To make sure that the references to the impact tests are consistent, the rule modifies the existing definitions under 16 CFR 1201.2(a)(3) and (4) to add the words ‘‘Class B’’ with ‘‘Category I’’ and ‘‘Class A’’ with ‘‘Category II.’’ Other Clarifications Several commenters note that ANSI Z97.1–2015 makes a number of substantive changes to the 2009 edition. The commenters state that, in addition to eliminating the Class C test category, ANSI Z97.1–2015 clarifies provisions in the weathering section (deleting and updating obsolete references and procedures), adds a bake test as an alternative to the boil test for thermal testing of laminated and organic coated glazings, and clarifies glass-shard contaminant for laminated and organiccoated glazings after impact testing. Response The Commission finds that the revisions made in ANSI Z97.1–2015 further clarify the ANSI test procedures by specifying the specimens used, and the criteria for when testing is not needed. The weathering tests do not affect the exemptions that are provided under 16 CFR 1201.1 for an accelerated environmental durability test for plastic glazing materials intended for outdoor exposure, as well as a modulus of elasticity test, a harness test, and an indoor aging test applicable to plastic glazing materials. The other changes help clarify language or more clearly set out procedures for testing. For example, the shot bag impact procedure is made clearer by setting forth evaluation criteria to assess the results of impact tests of glazing materials. The procedure for the center punch fragmentation test is made clearer by setting forth the procedure for flat glass separately from bent glass. Similarly, the boil test for laminated glass has been modified to change ‘‘boil’’ to ‘‘thermal’’ to reflect that the test may be conducted by either a heating chamber or boiling water and includes a bake test. These clarifications are consistent with the weathering tests in the CPSC standard under 16 CFR 1201.4(c)(3)(i), but they also add specificity and clarity to the tests. Accordingly, the additional revisions clarifying the test procedures in the PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 15429 ANSI Z97.1–2015 standard would not result in a material change to the testing requirements under 16 CFR 1201.4, because the basic purpose and provisions of the test methods in the standard are consistent with ANSI Z97.1–2015. III. Impact on Small Businesses In the NPR, the Commission certified that the proposed rule would not have a significant economic impact on a substantial number for small entities under the Regulatory Flexibility Act (‘‘RFA’’). 5 U.S.C. 601–612. The Commission did not receive any comments regarding this certification. For the final rule, the Commission’s Directorate for Economic Analysis reviewed the potential economic impact of adopting the updated ANSI Z97.1– 2015 test procedures on small entities, including small businesses. In the NPR, staff’s review of the ANSI Z97.1–2009ε2 standard showed that adopting the ANSI standard would not have a significant impact on a substantial number of small entities, and that manufacturers who currently test to both the ANSI standard and the CPSC standard will probably experience a cost neutral impact or a decrease in testing and certification costs. 80 FR 29560. Staff’s review of the revisions to ANSI Z97.1–2015, and staff’s review of the industry after the issuance of the NPR, indicate that the changes to the standard will not impact the testing or certification requirements for the small manufacturers, nor will the revisions change the rates of compliance with the CPSC standard or the ANSI standard. In the NPR, staff’s review showed that of the products certified through SGCC, 99 percent or 1,855 products were certified to both ANSI Z97.1–2009ε2 and 16 CFR part 1201. Only 12 products (0.6%) were certified solely to ANSI Z97.1–2009ε2, and seven products (0.4%) were certified solely to 16 CFR part 1201. A review of manufacturers from GANA’s membership not participating in the SGCC program indicated that of the 35 manufacturers that provided certification information, 32 manufacturers certified their products to both standards, and three manufacturers listed certification to 16 CFR part 1201 only. The NPR noted that of the 104 small domestic manufacturers, 102 certified their products to both standards, while only two certified solely to 16 CFR part 1201. 80 FR 29560. Since the NPR, staff has reviewed the most recent data. As of November 23, 2015, of the products certified through SGCC, 99 percent or 2,047 products were certified to both the ANSI standard E:\FR\FM\23MRR1.SGM 23MRR1 15430 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Rules and Regulations jstallworth on DSK7TPTVN1PROD with RULES and 16 CFR part 1201. Only 17 products (<1%) were certified solely to the ANSI standard, and no products were certified solely to 16 CFR part 1201. SGCC began testing to ANSI Z97.1–2015 upon publication of the standard, but SGCC did not require labs and manufacturers to conform to the updated testing protocol until January 2016. A review of manufacturers from GANA’s membership who are not participating in the SGCC program indicated that of the 36 manufacturers that provided certification information, 34 manufacturers certified their products to both standards, and two manufacturers listed certification to 16 CFR part 1201 only. Regarding the small domestic manufacturers, all claim to certify their products to both standards. Accordingly, the number of products certified to both standards (99%) has remained consistent. The data continue to show that the vast number of products are certified to both standards, and all small domestic manufacturers for which information on certification was available, certify their products to both standards. The expected impact of the final rule is to reduce the costs of certification for most manufacturers. All identified small manufacturers currently test to both the voluntary standard and the CPSC standard and will probably experience a decrease in testing and certification costs because they only would need to follow one testing protocol to certify to both standards. The number of samples a manufacturer needs to fabricate for testing also will be reduced, thus reducing certification costs. In addition, for manufacturers that contract out their testing, shipping costs will be reduced due to the smaller number of samples shipped. Accordingly, the Commission certifies that this rule will not have significant economic impact on a substantial number of small entities under section 605(b) of the RFA. IV. Final Rule After considering the comments, the Commission finds that the ANSI Z97.1– 2015 test procedures, if adopted, would further clarify the test procedures that were established in ANSI Z97.1–2009ε2. ANSI Z97.1–2015 removed the Class C impact test for fire-resistant wired glass. However, that revision did not result in a material change to the Commission’s regulations at 16 CFR part 1201 because fire-resistant wired glass is currently exempt under the Commission regulations, 16 CFR 1201.1(c). The other clarifications made in the ANSI Z97.1–2015 would not involve a material change that would alter the original basic purpose of the CPSC VerDate Sep<11>2014 15:23 Mar 22, 2016 Jkt 238001 standard to assess the safety of architectural glazing materials. The revisions made to the ANSI Z97.1–2015 test procedures are consistent with the provisions underlying the CPSC standard and provide consistent and comparable test results. The ANSI Z97.1–2015 test procedures clarify the existing test procedures and update outdated references to current test methods. Adopting the ANSI Z97.1– 2015 test procedures will not impose any additional burdens on the regulated industry because almost all of the industry already certifies their products to both the CPSC standard and the ANSI standard. In fact, the Commission finds that adopting the ANSI Z97.1–2015 test procedures will result in more efficient and less costly testing of architectural glazing materials for manufacturers. Accordingly, the Commission revises 16 CFR 1201.4 to require architectural glazing products to be tested in accordance with all of the applicable test provisions of ANSI Z97.1–2015, except for the exemptions provided in 16 CFR 1201.1(c) and (d). Furthermore, the Commission removes Figures 1 through 5 in Subpart A of Part 1201, which have been replaced in ANSI Z97.1–2015 with larger and clearer drawings. In addition, to provide clarity regarding the impact test procedures, the Commission is revising the definitions in 16 CFR 1201.2 to align the Category I and Category II impact tests with the Class B and Class A impact tests in ANSI Z97.1–2015. Accordingly, 16 CFR 1201.2(a)(3) and (4) is amended to add ‘‘Class B’’ to Category I and ‘‘Class A’’ to Category II in the definitions. V. Environmental Considerations Generally, the Commission’s regulations are considered to have little or no potential for affecting the human environment, and environmental assessments and impact statements are not usually required. See 16 CFR 1021.5(a). The Commission does not expect the rule to have any adverse impact on the environment under this categorical exclusion. Moreover, the rule will decrease the number of samples that most manufacturers are required to test, and likely will lead to a small, beneficial effect on the environment because waste produced by the manufacture of excess samples, and the transport of those samples, will be reduced. VI. Paperwork Reduction Act This rule would not impose any information collection requirements. Accordingly, this rule is not subject to PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). VII. Executive Order 12988 (Preemption) Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a consumer product safety standard under this Act is in effect and applies to a risk of injury associated with a consumer product, no state or political subdivision of a state may either establish or continue in effect any provision of a safety standard or regulation which prescribes any requirements as to the performance, composition, contents, design, finish, construction, packaging, or labeling of such product, which are designed to deal with the same risk of injury associated with such consumer product, unless such requirements are identical to the requirements of the federal standard. Section 9(h) of the CPSA provides that the Commission may by rule amend any consumer product safety rule. Therefore, the preemption provision of section 26(a) of the CPSA applies to any rule issued under section 9(h). VIII. Effective Date The APA generally requires that the effective date of a rule be at least 30 days after publication of a final rule. 5 U.S.C. 553(d). No comments were received on the effective date. Accordingly, the final rule will take effect 30 days after publication of a final rule. IX. Incorporation by Reference The OFR has regulations concerning incorporation by reference. 1 CFR part 51. The OFR recently revised these regulations to require that, for a final rule, agencies must discuss, in the preamble of the rule, ways that the materials the agency incorporates by reference are reasonably available to interested persons and how interested parties can obtain the materials. In addition, the preamble to the final rule must summarize the material. 1 CFR 51.5(a). In accordance with the OFR’s requirements, section I of this preamble summarizes the ANSI Z97.1–2015 standard that the Commission incorporates by reference into 16 CFR part 1201. Interested persons may purchase a copy of ANSI Z97.1–2015 from the following address. Attn: ANSI Customer Service Department, 25 W. 43rd Street, 4th Floor, New York, NY 10036. The standard is also available for purchase from ANSI’s Web site: https:// asc-z97-store.myshopify.com/products/ ansi-z97-1-2015-version-clean-copy. A copy of the standard can also be E:\FR\FM\23MRR1.SGM 23MRR1 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Rules and Regulations Figures 1—5 to Subpart A of Part 1201 [Removed] inspected at CPSC’s Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301–504–7923. 4. Remove Figures 1 through 5 to subpart A of part 1201. ■ Dated: March 18, 2016. Todd A. Stevenson, Secretary, Consumer Product Safety Commission. List of Subjects in 16 CFR Part 1201 Administrative practice and procedure, Consumer protection, Imports, Incorporation by reference, Labeling, Law enforcement. For the reasons stated in the preamble, the Commission amends 16 CFR part 1201 as follows: [FR Doc. 2016–06523 Filed 3–22–16; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF ENERGY PART 1201—SAFETY STANDARD FOR ARCHITECTURAL GLAZING MATERIALS 1. The authority citation for part 1201 continues to read as follows: ■ Authority: Secs. 2, 3, 7, 9, 14, 19. Pub. L. 92–573, 86 Stat. 1212–17; (15 U.S.C. 2051, 2052, 2056, 2058, 2063, 2068) 2. Amend § 1201.2 by revising paragraphs (a)(3) introductory text and (a)(4) introductory text to read as follows: ■ § 1201.2 Definitions. (a) * * * (3) Category I products (Class B) means any of the following Architectural products: * * * * * (4) Category II products (Class A) means any of the following architectural products: * * * * * ■ 3. Revise § 1201.4 to read as follows: jstallworth on DSK7TPTVN1PROD with RULES § 1201.4 Test procedures. Except as provided in §§ 1201.1(c) and (d), architectural glazing products shall be tested in accordance with all of the applicable test provisions of ANSI Z97.1–2015 ‘‘American National Standard for Safety Glazing Materials Used in Building—Safety Performance Specifications and Methods of Test,’’ approved March 2015. The Director of the Federal Register approves the incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from ANSI Customer Service Department, 25 W. 43rd Street, 4th Floor, New York, NY 10036. You may inspect a copy at the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301–504–7923, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https://www.archives.gov/ federal-register/cfr/ibr-locations.html. VerDate Sep<11>2014 15:23 Mar 22, 2016 Jkt 238001 Federal Energy Regulatory Commission 18 CFR Part 284 [Docket No. RM96–1–039; Order No. 587– X] Standards for Business Practices of Interstate Natural Gas Pipelines Federal Energy Regulatory Commission. ACTION: Final rule; order on rehearing. AGENCY: In Order No. 587–W, the Federal Energy Regulatory Commission (Commission) amended its regulations to incorporate by reference the latest version (Version 3.0) of seven business practice standards applicable to interstate natural gas pipelines adopted by the Wholesale Gas Quadrant of the North American Energy Standards Board. Among other matters in that order, the Commission revised the information filed in interstate natural gas pipelines’ Index of Customers to reflect the use of the pipelines’ proprietary point codes, and made conforming changes in other posting regulations. In this order, the Commission grants rehearing and corrects its regulation regarding the use of point codes in postings of interruptible transportation. DATES: Changes to regulatory text will become effective April 22, 2016. FOR FURTHER INFORMATION CONTACT: Stanley Wolf (technical issues), Office of Energy Policy and Innovation, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426,Telephone: (202) 502–6841, Email: stanley.wolf@ferc.gov. Oscar F. Santillana (technical issues), Office of Energy Market Regulation, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426,Telephone: (202) 502–6392, Email: oscar.santillana@ferc.gov, Gary D. Cohen (legal issues), Office of the General Counsel, Federal Energy SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 15431 Regulatory Commission, 888 First Street NE., Washington, DC 20426, Telephone: (202) 502–8321, Email: gary.cohen@ferc.gov. SUPPLEMENTARY INFORMATION: Order Granting Rehearing Order No. 587–X 1. In this order, in response to requests for rehearing by the Interstate Natural Gas Association of America (INGAA) and Southern Star Central Gas Pipeline, Inc. (Southern Star), the Commission grants rehearing of Order No. 587–W, the Commission’s Final Rule issued in this proceeding on October 16, 2015,1 and revises section 284.13(b)(2)(iv) of the Commission’s regulations regarding the posting of receipt and delivery points for interruptible transportation. I. Background 2. In Order No. 587–W, the Commission amended its regulations to incorporate by reference the latest version (Version 3.0) of seven business practice standards applicable to interstate natural gas pipelines adopted by the Wholesale Gas Quadrant (WGQ) of the North American Energy Standards Board (NAESB). As relevant here, the Version 3.0 standards revised the codes used to identify receipt and delivery locations in the Index of Customers. Prior to Version 3.0, the postings required the pipelines to use an industry common code to refer to individual receipt and delivery points. Version 3.0 revised this requirement to require the pipelines to use their own proprietary point codes for receipt and delivery points and to post additional information about these points on the pipelines’ internet Web sites.2 Due to the adoption of proprietary point codes, the Commission revised its regulations at 18 CFR 157.14, 157.18, 260.8, and 284.13 to refer to the same proprietary 1 Standards for Business Practices of Interstate Natural Gas Pipelines; Coordination of the Scheduling Process of Interstate Natural Gas Pipelines and Public Utilities, Order No. 587–W, 80 FR 67302 (Nov. 2, 2015), FERC Stats. & Regs. ¶ 31,373 (2015). 2 18 CFR 284.13(f), as added in Order No. 587– W, states: Location codes. An interstate pipeline must maintain a posting on its publicly available Internet Web site of the pipeline’s location names and codes for all current and inactive receipt and delivery points on its system, including, for each point: Direction of flow, the location of the point, the location zone if such exists, the Commission company identification code (CID), if any, of the upstream and/or downstream entity, the location type, the current status as active and inactive, and the date(s) the point becomes active or inactive. The pipeline must provide the information in downloadable file formats, in conformity with the requirements of 18 CFR 284.12 of this chapter. E:\FR\FM\23MRR1.SGM 23MRR1

Agencies

Consumer Product Safety Commission

[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)]
[Rules and Regulations]
[Pages 15427-15431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06523]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1201

[CPSC Docket No. CPSC-2012-0049]

Safety Standard for Architectural Glazing Materials

AGENCY: Consumer Product Safety Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Consumer Product Safety Commission (``CPSC'' or
``Commission'') amends the Safety Standard for Architectural Glazing
Materials to replace the testing procedures for glazing materials in
certain architectural products with the testing procedures contained in
the voluntary standard ANSI Z97.1-2015, American National Standard for
Safety Glazing Materials Used in Buildings--Safety Performance
Specifications and Methods of Test.

DATES: The rule is effective on April 22, 2016. The incorporation by
reference of the publication listed in this rule is approved by the
Director of the Federal Register as of April 22, 2016.

FOR FURTHER INFORMATION CONTACT: Brian Baker, Project Manager, Division
of Mechanical Engineering, Directorate for Laboratory Sciences, Office
of Hazard Identification and Reduction, Consumer Product Safety
Commission, 5 Research Place, Rockville, MD 20850; telephone: 301-987-
2289; bbaker@cpsc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

A. Safety Standard for Architectural Glazing Materials

On January 6, 1977 (42 FR 1427), as amended on June 20, 1977 (42 FR
31164), the Commission issued the Safety Standard for Architectural
Glazing Materials under the Consumer Product Safety Act (``CPSA'') to
reduce or eliminate risks of injuries associated with walking, running,
or falling through or against glazing materials (``CPSC standard'').
The standard applies to glazing materials used or intended for use in
any of the following architectural products:
(1) Storm doors or combination doors;
(2) Doors (both exterior and interior);
(3) Bathtub doors and enclosures;
(4) Shower doors and enclosures; and
(5) Sliding glass doors (patio-type).
The standard applies to glazing materials and architectural
products incorporating glazing materials that are produced or
distributed for sale to or for the personal use, consumption or
enjoyment of consumers in or around a permanent or temporary household
or residence or in recreational, school, public, or other buildings or
parts thereof. The standard was codified at 16 CFR part 1201.
The standard exempts certain products, materials, and uses
including: Wired glass used in doors or other assemblies to retard the
passage of fire where such door or assembly is required by federal,
state, local, or municipal fire ordinance; louvers of jalousie doors;
and openings of doors through which a 3 inch diameter sphere is unable
to pass. Carved glass, dalle glass, or leaded glass, which is used in
doors and glazed panels are exempt if the glazing material meets all of
the following criteria:
The coloring, texturing, or other design qualities or
components of the glazing material cannot be removed without destroying
the material; and
The primary purpose of such glazing is decorative or
artistic; and
The glazing material is conspicuously colored or textured
so as to be plainly visible and plainly identifiable as aesthetic or
decorative rather than functional (other than for the purpose of
admitting or controlling admission of light components or heat and
cold); and
The glazing material, or assembly into which it is
incorporated, is divided into segments by conspicuous and plainly
visible lines.
Other exempt materials include glazing materials used as curved
glazed panels in revolving doors; and commercial refrigerator cabinet
glazed doors. See, 16 CFR 1201.1(c).
On September 27, 1978, (43 FR 43704), the Commission amended the
standard to clarify the definitions, description of test apparatus, and
test procedures in the standard. The Commission subsequently revoked
portions of the standard that prescribed requirements for ``glazed
panels'' (45 FR 67383, August 28, 1980); an accelerated environmental
durability test for plastic glazing materials intended for outdoor
exposure (45 FR 66002, October 6, 1980); and a modulus of elasticity
test, a harness test, and an indoor aging test applicable to plastic
glazing materials (47 FR 27853, June 28, 1982). 16 CFR 1201.1(d) n.1.
Tempered glass, wired glass, and annealed glass are also exempt from
the accelerated environmental durability tests. See, 16 CFR
1201.4(a)(2).

B. Petition

On June 26, 2012, the Commission received a petition from the
Safety Glazing Certification Council (``SGCC'' or ``petitioner'')
requesting that the Commission initiate rulemaking to replace the
testing procedures for glazing materials in certain architectural
products set forth in 16 CFR 1201.4 with the testing procedures
contained in the voluntary standard, ANSI Z97.1-2009[egr]\2\, American
National Standard for Safety Glazing Materials Used in Buildings--
Safety Performance Specifications and Methods of Test (the ANSI
standard). SGCC stated that consumers and the glazing industry would be
better served if the test procedures for glazing materials used in
architectural products in 16 CFR 1201.4 were replaced with the ANSI
standard because the ANSI test procedures are more efficient and
modern, having been updated periodically, in contrast to the CPSC
standard. On April 9, 2013, the Commission voted to grant the petition.

C. The Proposed Rule

On May 22, 2015, the Commission published a notice of proposed
rulemaking (``NPR'') in the Federal Register (80 FR 29555) to amend the
Safety Standard for Architectural Glazing Materials (16 CFR part 1201).
The NPR proposed to replace the testing procedures for glazing
materials in certain architectural products, set forth in 16 CFR
1201.4, with the testing procedures contained in the voluntary
standard, ANSI Z97.1-2009[egr]\2\. The ANSI standard establishes
specifications and methods of testing for the safety properties of
glazing materials used for building and architectural purposes. The
tests for safety glazing materials in the ANSI standard include impact,
center punch fragmentation, thermal, weathering, indoor aging,
hardness, and modulus tests.
The NPR proposed to replace the CPSC test procedures in 16 CFR
1201.4 with the ANSI Z97.1-2009[egr]\2\ to clarify the existing test
procedures. The

[[Page 15428]]

clarifications included replacing obsolete ASTM standard references in
the CPSC standard, 16 CFR 1201.4(b)(3)(ii), with current references,
and replacing the impact test construction drawings in section 16 CFR
1201.4(b), with larger and clearer construction assembly drawings in
ANSI Z97.1-2009[egr]\2\. The NPR also proposed to clarify the method
and number of specimens to be impact tested and the procedures for
evaluating tempered glass by using a ``Center Punch Fragmentation
Test,'' to provide a more accurate and efficient way of measuring
potential failures from impact tests for tempered glass.
ANSI Z97.1-2009[egr]\2\ provided three impact categories for
testing: A 400 foot-pound impact test (Class A); a 150 foot-pound
impact test (Class B); and a 100 foot-pound impact test (Class C) for
fire-resistant wired glass. The NPR did not propose to modify the
impact categories for testing. The CPSC standard provides only two
impact categories, 150 foot-pound impact test (Category I) and 400
foot-pound impact test (Category II), 16 CFR 1201.4(d). Accordingly,
the NPR proposed to keep the CPSC standard's Category I and Category II
test because these tests were the equivalent of the ANSI Class B test
and Class A test, respectively. However, the Commission did not propose
the Class C test in the ANSI Z97.1-2009[egr]\2\ standard because it was
only applicable to fire-resistant wired glass, a product that is exempt
from the CPSC standard.
The Commission explained in the preamble to the NPR that the
proposed amendment replacing the test procedures specified in the CPSC
mandatory standard with the test procedures in the ANSI Z97.1-
2009[egr]\2\ standard would not involve a material change to the
Commission's regulations at 16 CFR part 1201. Under section 9(h) of the
CPSA, if an amendment of a consumer product safety rule ``involves a
material change,'' 15 U.S.C. 2058(h), the Commission must make certain
findings, including a finding that the amendment is ``reasonably
necessary to prevent or reduce an unreasonable risk of injury
associated with such product''; the expected benefits of the amended
rule ``bear a reasonable relationship to its costs''; and the amended
rule imposes ``the least burdensome requirement which prevents or
adequately reduces the risk of injury for which the rule is being
promulgated.'' Id. Sec. Sec. 2056(a); 2058(a)-(g). If the amendment
does not constitute ``a material change'' for purposes of section 9(h)
of the CPSA, the Commission is not required to make the findings that
are otherwise required for the amendment of a consumer product safety
rule.
The Commission stated that the proposed amendment adopting the ANSI
Z97.1-2009[egr]\2\ test procedures would not involve a material change
that would alter the original basic purpose of the CPSC standard to
assess the safety of architectural glazing materials because: (1) The
ANSI Z97.1-2009[egr]\2\ test procedures, if adopted, would serve to
clarify the existing test procedures and update outdated references to
current test methods; (2) the proposed amendment would be unlikely to
have an important or significant impact on the safety of consumers
because testing to either standard provided consistent and comparable
test results; and (3) the ANSI Z97.1-2009[egr]\2\ test procedures would
not impose any additional burdens on the regulated industry and would
result in less redundant, more efficient, and less costly testing of
the architectural glazing materials.

D. Revised ANSI Standard

When the NPR was published on May 22, 2015, ANSI Z97.1-
2009[egr]\2\, American National Standard for Safety Glazing Materials
Used in Buildings--Safety Performance Specifications and Methods of
Test was the voluntary standard in effect. In March 2015, a new version
of ANSI Z97.1-2015 was approved and published on September 24, 2015.
ANSI Z97.1-2015 contains updates to several sections of ANSI Z97.1-
2009[egr]\2\. The most significant update in ANSI Z97.1-2015 is that
ANSI Z97.1-2015 removed the Class C impact category (100 ft-lb impact
test) for fire-resistant wired glass. ANSI Z97.1-2015 now requires all
safety glazing materials, including wired glass, to conform to Class A
(400 ft-lb) or Class B (150 ft-lb) impact test requirements.
In addition, ANSI Z97.1-2015 updates references and makes minor
organizational and terminology changes. Other clarifications that were
made to the test methods in ANSI Z97.1-2015 include the following:
Removes the need for weathering tests for specimens
constructed of laminated, organic coated or plastic glazings if certain
criteria are met (4.6);
specifies that laminated and organic-coated glazing
optical measurements may be taken on an unexposed sample (4.6.2);
specifies the evaluation criteria for shot bag impact
procedures for glazing materials (5.1.4);
clarifies the center punch fragmentation test and
procedure on tempered glass specimens (flat glass and bent glass) and
interpretation of results on tempered glass specimens and equipment
(5.2-5.2.4);
clarifies the procedure for thermal test for laminated and
organic coated glazings (boil testing and bake testing) (5.3-5.3.3);
and
clarifies the procedure for weathering methods for
laminated, organic-coated and plastic glazings (5.4-5.4.3).

II. Response to Comments on the Proposed Rule

The Commission received nine comments on the NPR. Commenters
include members of the Accredited Standards Committee of ANSI,
Advocates for Safe Glass, the Glass Association of North America
(``GANA''), Eastman Chemical Company, the SGCC, and SaftiFirst, Inc.

Incorporation by Reference

All of the commenters support substituting the CPSC test procedures
in 16 CFR part 1201 with the ANSI standard, if the Commission adopts
the more recent ANSI Z97.1-2015 test procedures, rather than ANSI
Z97.1-2009[egr]\2\. Several commenters request that the Commission not
adopt a specific year version of the standard, but rather, adopt a more
generic phrase, such as ``most current version'' of the ANSI standard,
to ensure that the incorporation by reference always refers to the
current version of the ANSI standard, rather than a specific version.

Response

Although we recognize that the ANSI standard will be revised in the
future, the Director of the Office of the Federal Register requires
that publication of a document containing an incorporation by reference
must specify the edition of the publication that is approved. The
regulations governing incorporation by reference specifically provide
that ``[i]ncorporation by reference of a publication is limited to the
edition of the publication that is approved. Future amendments or
revisions of the publication are not included.'' 1 CFR 51.1(f).
Accordingly, the Commission cannot issue a rule that mandates ``the
most current version'' of the ANSI standard, but rather, must identify
the specific version of the standard. Therefore, the rule incorporates
by reference the ANSI Z97.1-2015 version. If a new version is issued in
the future, the Commission will consider revising the CPSC standard to
refer to the updated ANSI standard at that time.

Class C Fire-Resistant Rated Wire Glass

Many of the commenters state that the ANSI Z97.1-2015 version is an

[[Page 15429]]

improvement of the ANSI Z97.1-2009[egr]\2\ standard because the 2015
version eliminates the testing of fire-resistant rated wire glass under
a lower Class C impact test procedure. One commenter states that the
scope of the materials covered by the CPSC standard is now congruent
with ANSI Z97.1-2015 because wired glass is exempt from the CPSC
standard. Another commenter states that the wired glass product causes
serious and fatal injuries and that CPSC should not expand the scope of
the exemption for wired glass by accepting a lower Class C requirement.

Response

The current version of the ANSI standard, ANSI Z97.1-2015,
eliminates the testing of fire-resistant wired glass under a lower
Class C impact test procedure. The CPSC standard exempts fire-resistant
wired glass. The scope of the exemption for the wired glass under 16
CFR 1201.1(c)(1) has always been narrow: First, the wired glass must be
used in a door (or other assembly subject to the rule); second, the
wired glass must be used ``to retard the passage of fire'' and third,
the particular use of the wired glass must be required by a federal,
state, local, or municipal fire ordinance. Thus, the use of wired
glass, even in fire doors, is not automatically permitted in all
locations or all jurisdictions. Rather, it must be demonstrated that
the particular use is required by law for fire safety.
The Commission believes that the architectural glazing industry is
evolving and that the industry is developing technology to improve
glazing materials so that they can meet the ANSI Z97.1-2015 Class A and
Class B impact tests. To give the industry adequate time to comply with
the new testing requirements, including fire-resistant wired glass, the
Commission will not remove the exemption in the CPSC standard at this
time. Accordingly, the Commission will continue to exempt fire-
resistant wired glass under the current exemption under the
circumstances set forth in 16 CFR 1201.1(c)(1). However, the Commission
finds that additional clarification is necessary to reduce confusion
regarding the terminology for impact categories used by ANSI and the
CPSC. As stated, 16 CFR 1201.4(d) provides two impact categories, 150
foot-pound impact test (Category I) and 400 foot-pound impact test
(Category II). ANSI Z97.1-2015 does not use the same terms, but
instead, uses terms ``Class A'' and ``Class B'' to delineate impact
test drop height requirements. Category I products are impact-tested to
the drop height requirement applicable to Class B products (18 inches
to 18.5 inches), and Category II products are tested to the same height
applicable to Class A products (48 inches to 48.5 inches). The Category
1 test is the equivalent to the Class B test (18 inches is 1.5 ft--1.5
ft x 100 lbs = 150 ft-lb), and the Category II test is the equivalent
of the Class A test (48 inches is 4 ft--4 ft x 100 lbs = 400 ft-lb). To
make sure that the references to the impact tests are consistent, the
rule modifies the existing definitions under 16 CFR 1201.2(a)(3) and
(4) to add the words ``Class B'' with ``Category I'' and ``Class A''
with ``Category II.''

Other Clarifications

Several commenters note that ANSI Z97.1-2015 makes a number of
substantive changes to the 2009 edition. The commenters state that, in
addition to eliminating the Class C test category, ANSI Z97.1-2015
clarifies provisions in the weathering section (deleting and updating
obsolete references and procedures), adds a bake test as an alternative
to the boil test for thermal testing of laminated and organic coated
glazings, and clarifies glass-shard contaminant for laminated and
organic-coated glazings after impact testing.

Response

The Commission finds that the revisions made in ANSI Z97.1-2015
further clarify the ANSI test procedures by specifying the specimens
used, and the criteria for when testing is not needed. The weathering
tests do not affect the exemptions that are provided under 16 CFR
1201.1 for an accelerated environmental durability test for plastic
glazing materials intended for outdoor exposure, as well as a modulus
of elasticity test, a harness test, and an indoor aging test applicable
to plastic glazing materials. The other changes help clarify language
or more clearly set out procedures for testing. For example, the shot
bag impact procedure is made clearer by setting forth evaluation
criteria to assess the results of impact tests of glazing materials.
The procedure for the center punch fragmentation test is made clearer
by setting forth the procedure for flat glass separately from bent
glass. Similarly, the boil test for laminated glass has been modified
to change ``boil'' to ``thermal'' to reflect that the test may be
conducted by either a heating chamber or boiling water and includes a
bake test. These clarifications are consistent with the weathering
tests in the CPSC standard under 16 CFR 1201.4(c)(3)(i), but they also
add specificity and clarity to the tests. Accordingly, the additional
revisions clarifying the test procedures in the ANSI Z97.1-2015
standard would not result in a material change to the testing
requirements under 16 CFR 1201.4, because the basic purpose and
provisions of the test methods in the standard are consistent with ANSI
Z97.1-2015.

III. Impact on Small Businesses

In the NPR, the Commission certified that the proposed rule would
not have a significant economic impact on a substantial number for
small entities under the Regulatory Flexibility Act (``RFA''). 5 U.S.C.
601-612. The Commission did not receive any comments regarding this
certification. For the final rule, the Commission's Directorate for
Economic Analysis reviewed the potential economic impact of adopting
the updated ANSI Z97.1-2015 test procedures on small entities,
including small businesses.
In the NPR, staff's review of the ANSI Z97.1-2009[egr]\2\ standard
showed that adopting the ANSI standard would not have a significant
impact on a substantial number of small entities, and that
manufacturers who currently test to both the ANSI standard and the CPSC
standard will probably experience a cost neutral impact or a decrease
in testing and certification costs. 80 FR 29560. Staff's review of the
revisions to ANSI Z97.1-2015, and staff's review of the industry after
the issuance of the NPR, indicate that the changes to the standard will
not impact the testing or certification requirements for the small
manufacturers, nor will the revisions change the rates of compliance
with the CPSC standard or the ANSI standard.
In the NPR, staff's review showed that of the products certified
through SGCC, 99 percent or 1,855 products were certified to both ANSI
Z97.1-2009[egr]\2\ and 16 CFR part 1201. Only 12 products (0.6%) were
certified solely to ANSI Z97.1-2009[egr]\2\, and seven products (0.4%)
were certified solely to 16 CFR part 1201. A review of manufacturers
from GANA's membership not participating in the SGCC program indicated
that of the 35 manufacturers that provided certification information,
32 manufacturers certified their products to both standards, and three
manufacturers listed certification to 16 CFR part 1201 only. The NPR
noted that of the 104 small domestic manufacturers, 102 certified their
products to both standards, while only two certified solely to 16 CFR
part 1201. 80 FR 29560.
Since the NPR, staff has reviewed the most recent data. As of
November 23, 2015, of the products certified through SGCC, 99 percent
or 2,047 products were certified to both the ANSI standard

[[Page 15430]]

and 16 CFR part 1201. Only 17 products (<1%) were certified solely to
the ANSI standard, and no products were certified solely to 16 CFR part
1201. SGCC began testing to ANSI Z97.1-2015 upon publication of the
standard, but SGCC did not require labs and manufacturers to conform to
the updated testing protocol until January 2016. A review of
manufacturers from GANA's membership who are not participating in the
SGCC program indicated that of the 36 manufacturers that provided
certification information, 34 manufacturers certified their products to
both standards, and two manufacturers listed certification to 16 CFR
part 1201 only. Regarding the small domestic manufacturers, all claim
to certify their products to both standards. Accordingly, the number of
products certified to both standards (99%) has remained consistent. The
data continue to show that the vast number of products are certified to
both standards, and all small domestic manufacturers for which
information on certification was available, certify their products to
both standards.
The expected impact of the final rule is to reduce the costs of
certification for most manufacturers. All identified small
manufacturers currently test to both the voluntary standard and the
CPSC standard and will probably experience a decrease in testing and
certification costs because they only would need to follow one testing
protocol to certify to both standards. The number of samples a
manufacturer needs to fabricate for testing also will be reduced, thus
reducing certification costs. In addition, for manufacturers that
contract out their testing, shipping costs will be reduced due to the
smaller number of samples shipped. Accordingly, the Commission
certifies that this rule will not have significant economic impact on a
substantial number of small entities under section 605(b) of the RFA.

IV. Final Rule

After considering the comments, the Commission finds that the ANSI
Z97.1-2015 test procedures, if adopted, would further clarify the test
procedures that were established in ANSI Z97.1-2009[egr]\2\. ANSI
Z97.1-2015 removed the Class C impact test for fire-resistant wired
glass. However, that revision did not result in a material change to
the Commission's regulations at 16 CFR part 1201 because fire-resistant
wired glass is currently exempt under the Commission regulations, 16
CFR 1201.1(c).
The other clarifications made in the ANSI Z97.1-2015 would not
involve a material change that would alter the original basic purpose
of the CPSC standard to assess the safety of architectural glazing
materials. The revisions made to the ANSI Z97.1-2015 test procedures
are consistent with the provisions underlying the CPSC standard and
provide consistent and comparable test results. The ANSI Z97.1-2015
test procedures clarify the existing test procedures and update
outdated references to current test methods. Adopting the ANSI Z97.1-
2015 test procedures will not impose any additional burdens on the
regulated industry because almost all of the industry already certifies
their products to both the CPSC standard and the ANSI standard. In
fact, the Commission finds that adopting the ANSI Z97.1-2015 test
procedures will result in more efficient and less costly testing of
architectural glazing materials for manufacturers.
Accordingly, the Commission revises 16 CFR 1201.4 to require
architectural glazing products to be tested in accordance with all of
the applicable test provisions of ANSI Z97.1-2015, except for the
exemptions provided in 16 CFR 1201.1(c) and (d). Furthermore, the
Commission removes Figures 1 through 5 in Subpart A of Part 1201, which
have been replaced in ANSI Z97.1-2015 with larger and clearer drawings.
In addition, to provide clarity regarding the impact test
procedures, the Commission is revising the definitions in 16 CFR 1201.2
to align the Category I and Category II impact tests with the Class B
and Class A impact tests in ANSI Z97.1-2015. Accordingly, 16 CFR
1201.2(a)(3) and (4) is amended to add ``Class B'' to Category I and
``Class A'' to Category II in the definitions.

V. Environmental Considerations

Generally, the Commission's regulations are considered to have
little or no potential for affecting the human environment, and
environmental assessments and impact statements are not usually
required. See 16 CFR 1021.5(a). The Commission does not expect the rule
to have any adverse impact on the environment under this categorical
exclusion. Moreover, the rule will decrease the number of samples that
most manufacturers are required to test, and likely will lead to a
small, beneficial effect on the environment because waste produced by
the manufacture of excess samples, and the transport of those samples,
will be reduced.

VI. Paperwork Reduction Act

This rule would not impose any information collection requirements.
Accordingly, this rule is not subject to the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3520).

VII. Executive Order 12988 (Preemption)

Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a
consumer product safety standard under this Act is in effect and
applies to a risk of injury associated with a consumer product, no
state or political subdivision of a state may either establish or
continue in effect any provision of a safety standard or regulation
which prescribes any requirements as to the performance, composition,
contents, design, finish, construction, packaging, or labeling of such
product, which are designed to deal with the same risk of injury
associated with such consumer product, unless such requirements are
identical to the requirements of the federal standard. Section 9(h) of
the CPSA provides that the Commission may by rule amend any consumer
product safety rule. Therefore, the preemption provision of section
26(a) of the CPSA applies to any rule issued under section 9(h).

VIII. Effective Date

The APA generally requires that the effective date of a rule be at
least 30 days after publication of a final rule. 5 U.S.C. 553(d). No
comments were received on the effective date. Accordingly, the final
rule will take effect 30 days after publication of a final rule.

IX. Incorporation by Reference

The OFR has regulations concerning incorporation by reference. 1
CFR part 51. The OFR recently revised these regulations to require
that, for a final rule, agencies must discuss, in the preamble of the
rule, ways that the materials the agency incorporates by reference are
reasonably available to interested persons and how interested parties
can obtain the materials. In addition, the preamble to the final rule
must summarize the material. 1 CFR 51.5(a).
In accordance with the OFR's requirements, section I of this
preamble summarizes the ANSI Z97.1-2015 standard that the Commission
incorporates by reference into 16 CFR part 1201. Interested persons may
purchase a copy of ANSI Z97.1-2015 from the following address. Attn:
ANSI Customer Service Department, 25 W. 43rd Street, 4th Floor, New
York, NY 10036. The standard is also available for purchase from ANSI's
Web site: https://asc-z97-store.myshopify.com/products/ansi-z97-1-2015-version-clean-copy. A copy of the standard can also be

[[Page 15431]]

inspected at CPSC's Office of the Secretary, U.S. Consumer Product
Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD
20814, telephone 301-504-7923.

List of Subjects in 16 CFR Part 1201

Administrative practice and procedure, Consumer protection,
Imports, Incorporation by reference, Labeling, Law enforcement.

For the reasons stated in the preamble, the Commission amends 16
CFR part 1201 as follows:

PART 1201--SAFETY STANDARD FOR ARCHITECTURAL GLAZING MATERIALS

0
1. The authority citation for part 1201 continues to read as follows:

Authority: Secs. 2, 3, 7, 9, 14, 19. Pub. L. 92-573, 86 Stat.
1212-17; (15 U.S.C. 2051, 2052, 2056, 2058, 2063, 2068)

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2. Amend Sec. 1201.2 by revising paragraphs (a)(3) introductory text
and (a)(4) introductory text to read as follows:

Sec. 1201.2 Definitions.

(a) * * *
(3) Category I products (Class B) means any of the following
Architectural products:
* * * * *
(4) Category II products (Class A) means any of the following
architectural products:
* * * * *

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3. Revise Sec. 1201.4 to read as follows:

Sec. 1201.4 Test procedures.

Except as provided in Sec. Sec. 1201.1(c) and (d), architectural
glazing products shall be tested in accordance with all of the
applicable test provisions of ANSI Z97.1-2015 ``American National
Standard for Safety Glazing Materials Used in Building--Safety
Performance Specifications and Methods of Test,'' approved March 2015.
The Director of the Federal Register approves the incorporation by
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may
obtain a copy from ANSI Customer Service Department, 25 W. 43rd Street,
4th Floor, New York, NY 10036. You may inspect a copy at the Office of
the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330
East West Highway, Bethesda, MD 20814, telephone 301-504-7923, or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Figures 1--5 to Subpart A of Part 1201 [Removed]

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4. Remove Figures 1 through 5 to subpart A of part 1201.

Dated: March 18, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2016-06523 Filed 3-22-16; 8:45 am]
BILLING CODE 6355-01-P

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