Clothing Storage Unit Tip Overs; Request for Comments and Information, 56752-56759 [2017-25779]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 82, Number 229 (Thursday, November 30, 2017)]
[Proposed Rules]
[Pages 56752-56759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25779]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Chapter II

[Docket No. CPSC-2017-0044]


Clothing Storage Unit Tip Overs; 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 is contemplating 
developing a rule to address the risk of injury and death associated 
with clothing storage unit furniture tipping over. This advance notice 
of proposed rulemaking initiates a rulemaking proceeding under the 
Consumer Product Safety Act. We invite comments concerning the risk of 
injury associated with clothing storage units tipping over, the 
alternatives discussed in this notice, and other possible alternatives 
for addressing the risk. We also invite interested parties to submit 
existing voluntary standards or a statement of intent to modify or 
develop a voluntary standard that addresses the risk of injury 
described in this notice.

DATES: Submit comments by January 29, 2018.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2017-
0044, electronically or in writing (hard copy), using the methods 
described below. The Commission encourages you to submit comments 
electronically, by using the Federal eRulemaking Portal.
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments provided on the Web site. The 
Commission does not accept comments submitted by electronic mail 
(Email), except through www.regulations.gov.
    Written Submissions: Submit written comments by mail, hand 
delivery, or courier to: Office of the Secretary, Consumer Product 
Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD 
20814; telephone (301) 504-7923.
    Instructions: All submissions must include the agency name and 
docket number for this rulemaking proceeding. The Commission may post 
all comments, 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 
that you do not want to be available to the public. If furnished at 
all, such information should be submitted by mail, hand delivery, or 
courier.
    Docket: For access to the docket to read background documents or 
comments, go to: https://www.regulations.gov, and insert the docket 
number, CPSC-2017-0044, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Michael Taylor, Project Manager, 
Directorate for Laboratory Sciences, U.S. Consumer Product Safety 
Commission, 5 Research Place, Rockville, MD 20850; telephone: (301) 
987-2338; email: MTaylor@cpsc.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    The Consumer Product Safety Commission (Commission or CPSC) is 
aware of numerous injuries and deaths resulting from furniture tip 
overs. To address this risk, Commission staff reviewed incident data 
for furniture tip overs and determined that clothing storage units 
(CSUs), consisting of chests, bureaus, and dressers, were the primary 
furniture category involved in fatal and injury incidents. There were 
195 deaths related to CSU tip overs between 2000 and 2016, which were 
reported to CPSC. An estimated 65,200 injuries related to CSU tip overs 
were treated in U.S. hospital emergency departments between 2006 and 
2016. These incident reports indicate that the vast majority of fatal 
and injury incidents resulting from CSUs tipping over involve children. 
Eighty-six percent of the reported fatalities involved children under 
18 years old, most of which were under 6 years old. Seventy-three 
percent of the emergency department-treated injuries involved children 
under 18 years old, most of which were also under 6 years old.
    To address the hazard associated with CSU tip overs, the Commission 
has taken several steps. In June 2015, the Commission launched the 
Anchor It! campaign. This educational campaign includes print and 
broadcast public service announcements, information distribution at 
targeted venues, such as childcare centers, and an informational Web 
site (www.AnchorIt.gov) explaining the nature of the risk and safety 
tips for avoiding furniture and television tip overs. In addition, CPSC 
staff prepared a briefing package in September 2016,\1\

[[Page 56753]]

to identify hazard patterns involved in tip-over incidents, assess 
existing voluntary standards that address CSU tip overs, and identify 
factors that may reduce the likelihood of CSUs tipping over. As part of 
that effort, Commission staff tested a convenience sample of CSUs. The 
Commission has also pursued corrective actions with several CSU 
manufacturers and conducted several voluntary recalls of CSUs.
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    \1\ U.S. Consumer Product Safety Commission, Staff Briefing 
Package on Furniture Tipover (September 30, 2016), available at: 
https://www.cpsc.gov/s3fs-public/Staff%20Briefing%20Package%20on%20Furniture%20Tipover%20-%20September%2030%202016.pdf.
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    The Commission is considering developing a mandatory standard to 
reduce the risk of injury associated with CSU tip overs. Commission 
staff prepared a briefing package to describe the products at issue, 
further assess the relevant incident data, examine relevant voluntary 
standards, and discuss options for addressing the risk associated with 
CSU tip overs. That briefing package is available at: https://www.cpsc.gov/s3fs-public/ANPR%20-%20Clothing%20Storage%20Unit%20Tip%20Overs%20-%20November%2015%202017.pdf?5IsEEdW_Cb3ULO3TUGJiHEl875Adhvsg.

II. Relevant Statutory Provisions

    To address the risk of injury associated with CSUs tipping over, 
the Commission is considering developing a mandatory safety standard. 
The rulemaking falls under the Consumer Product Safety Act (CPSA; 15 
U.S.C. 2051-2089). Under section 7 of the CPSA, the Commission may 
issue a consumer product safety standard if the requirements of the 
standard are ``reasonably necessary to prevent or reduce an 
unreasonable risk of injury associated with [a] product.'' Id. 2056(a). 
The safety standard may consist of performance requirements or 
requirements for warnings and instructions. Id. However, if there is a 
voluntary standard that would adequately reduce the risk of injury the 
Commission seeks to address, and there is likely to be substantial 
compliance with that standard, then the Commission must rely on the 
voluntary standard, instead of issuing a mandatory standard. Id. 
2056(b)(1). To issue a mandatory standard under section 7, the 
Commission must follow the procedural and substantive requirements in 
section 9 of the CPSA. Id. 2056(a).
    Under section 9 of the CPSA, the Commission may begin rulemaking by 
issuing an advance notice of proposed rulemaking (ANPR). Id. 2058(a). 
The ANPR must identify the product and the nature of the risk of injury 
associated with it; summarize the regulatory alternatives the 
Commission is considering; and include information about any relevant 
existing standards, and why the Commission preliminarily believes those 
standards would not adequately reduce the risk of injury associated 
with the product. The ANPR also must invite comments concerning the 
risk of injury and regulatory alternatives and invite the public to 
submit existing standards or a statement of intent to modify or develop 
a voluntary standard to address the risk of injury. Id. 2058(a).
    After publishing an ANPR, the Commission may proceed with 
rulemaking by reviewing the comments received in response to the ANPR, 
and publishing a notice of proposed rulemaking (NPR). An NPR must 
include the text of the proposed rule, alternatives the Commission is 
considering, a preliminary regulatory analysis describing the costs and 
benefits of the proposed rule and the alternatives, and an assessment 
of any submitted standards. Id. 2058(c). The Commission would then 
review comments on the NPR and decide whether to issue a final rule, 
along with a final regulatory analysis.

III. The Product and Market

    CSUs are freestanding furniture intended for storing clothing. CSUs 
are typically bedroom furniture, but may be used elsewhere. CSUs are 
available in a variety of designs (e.g., vertical or horizontal 
dressers), sizes (e.g., weights and heights), and materials (e.g., 
wood, plastic, leather). CSUs usually have a flat surface on top and 
commonly include doors, or drawers for consumers to store clothing or 
other items. Examples of CSUs include chests of drawers, bureaus, 
dressers, armoires, wardrobes, portable closets, and clothing storage 
lockers. CSUs do not include products that are permanently attached or 
built into a structure or products that are not typically intended to 
store clothing, such as bookcases, shelves, cabinets, entertainment 
furniture, office furniture, or jewelry armoires. Additional factors 
may be relevant for the Commission to define CSUs in a mandatory 
standard, such as the height of products and design features. The 
Commission seeks comments about the appropriate parameters of a 
definition for CSUs.
    CSUs are available through various distribution channels. The 
retail price of CSUs varies, with the least expensive products 
retailing for less than $100, and the most expensive selling for 
several thousand dollars. Less expensive CSUs are usually mass 
produced, while more expensive products are often handmade. The 
lifespans of CSUs vary as well. Consumers may use less expensive CSUs 
for only a few years, while more expensive products may last for 
generations.
    The Commission has not been able to determine the share of CSUs in 
the overall furniture market because of a lack of information about 
sales of specific furniture product types or models. However, according 
to U.S. Census Bureau information, there are approximately 22,600 U.S. 
firms that manufacture, import, distribute, or retail household 
furniture, of which CSUs are a subset. Some manufacturers are large and 
use mass-production techniques; others are smaller and manufacture 
products individually or for custom orders. The Commission also has 
been unable to identify information about the number of CSUs that are 
in use in U.S. households. The Commission requests information about 
the CSU market, CSU sales, and the number of CSUs in U.S. households.

IV. Risk of Injury

    Commission staff reviewed fatal and nonfatal incidents involving 
CSU tip overs to determine the age of people involved in these 
incidents, the types of CSUs and other items involved, the hazard 
patterns (hazard patterns include activities, behaviors, circumstances, 
or factors that are associated with incidents) involved, and the types 
of injuries and deaths that result from these incidents. As the fatal 
and nonfatal incidents discussed below indicate, the vast majority of 
CSU tip-over incidents involve children. For that reason, the 
Commission largely focused its analysis on incidents involving 
children.

A. Fatal Incidents

    To identify fatal incidents that involved CSU tip overs, Commission 
staff reviewed CPSC's Death Certificates database, In-Depth 
Investigations database, Injury and Potential Injury Incidents 
database, and the National Electronic Injury Surveillance System 
(NEISS) database.\2\ Staff identified 195 fatalities related to CSU tip 
overs that occurred between January 1, 2000 and December 31, 2016 that 
were reported to CPSC. Of those fatalities, 22 (11 percent) involved 
seniors age 60 years and older; 6 (3 percent) involved adults between 
18 and 59 years old; and 167 (86 percent) involved children under 18

[[Page 56754]]

years old, of which the oldest child was 8 years old. Of the 167 fatal 
incidents involving children, 159 (95 percent) were under 6 years old 
and 142 (85 percent) were under 4 years old. Table 1 provides the 
number of child fatalities in age categories, broken out by 6-month 
increments.
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    \2\ Staff reviewed incidents that were in these databases as of 
June 1, 2017. Reporting is ongoing for these databases, so the 
reported number of incidents may change. Percentages may not sum to 
100, due to rounding.

 Table 1--Fatal Incidents Involving Children Under 18 Years Old, by Age,
              Between January 1, 2000 and December 31, 2016
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                                                                Total
                            Age                               fatalities
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0 to less than 0.5 years...................................            1
0.5 to less than 1 year....................................            5
1 to less than 1.5 years...................................           21
1.5 to less than 2 years...................................           28
2 to less than 2.5 years...................................           31
2.5 to less than 3 years...................................           23
3 to less than 3.5 years...................................           25
3.5 to less than 4 years...................................            8
4 to less than 4.5 years...................................            7
4.5 to less than 5 years...................................            4
5 to less than 5.5 years...................................            5
5.5 to less than 6 years...................................            1
6 to less than 6.5 years...................................            3
6.5 to less than 7 years...................................            1
7 to less than 7.5 years...................................            0
7.5 to less than 8 years...................................            1
8 to less than 8.5 years...................................            3
8.5 to less than 9 years...................................            0
Greater than 9 years.......................................            0
                                                            ------------
  Total....................................................          167
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Children in a sample of 89 of these incidents ranged in weight from 18 
to 66 pounds.
    Of the 195 total fatal incidents involving all ages, nearly all 
involved a chest, bureau, or dresser; some of these involved a 
television falling with the chest, bureau or dresser. Of the 167 fatal 
incidents involving children, 164 (98 percent) involved a chest, 
bureau, or dresser, 2 (1 percent) involved a wardrobe, and 1 (less than 
1 percent) involved an armoire. Of the 167 child fatalities, 89 (53 
percent) involved a television falling in addition to the CSU.

B. Nonfatal Incidents

    To identify nonfatal incidents that involved CSU tip overs, 
Commission staff reviewed the NEISS database. The NEISS database 
contains reports of injuries treated in emergency departments of U.S. 
hospitals selected as a probability sample of all U.S. hospitals with 
emergency departments. Using the surveillance information in this 
database, CPSC can estimate the number of injuries, nationwide, that 
are associated with specific consumer products. An estimated 65,200 
injuries related to CSU tip overs were treated in U.S. hospital 
emergency departments between January 1, 2006 and December 31, 2016. Of 
these, 47,700 estimated injuries (73 percent) were to children under 18 
years old. Of the injuries involving children, 94 percent involved 
children under 9 years old and 83 percent involved children under 6 
years old. Table 2 provides the estimated number of child injuries 
treated in hospital emergency departments, by age.

  Table 2--Estimated Injuries Treated in Hospital Emergency Departments
 Involving Children Under 18 Years Old, by Age, Between January 1, 2006
                          and December 31, 2016
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                Age                          Estimated injuries
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Less than 1 year..................  The number of cases is too small to
                                     produce an estimate.
1 year............................  6,300.
2 years...........................  13,200.
3 years...........................  11,200.
4 years...........................  5,800.
5 years...........................  2,300.
6 years...........................  2,300.
7 years...........................  1,800.
8 years...........................  The number of cases is too small to
                                     produce an estimate.
9 years...........................  The number of cases is too small to
                                     produce an estimate.
10 years..........................  The number of cases is too small to
                                     produce an estimate.
11 years..........................  The number of cases is too small to
                                     produce an estimate.
12 years..........................  The number of cases is too small to
                                     produce an estimate.
13 years..........................  The number of cases is too small to
                                     produce an estimate.
14 years..........................  The number of cases is too small to
                                     produce an estimate.
15 years..........................  The number of cases is too small to
                                     produce an estimate.
16 years..........................  The number of cases is too small to
                                     produce an estimate.
17 years..........................  The number of cases is too small to
                                     produce an estimate.
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    Of the estimated 47,700 incidents involving children, 99 percent 
involved a chest, bureau, or dresser; the remainder involved armoires, 
a portable closet, a wardrobe, and a product that was either an armoire 
or a dresser. In about 30 percent of injuries involving children, a 
television fell with the CSU.

C. Severity and Consequences of Injuries

    The types of injuries that can result from CSUs tipping over can 
range from scratches, cuts, bruises, joint injuries, and bone fractures 
to potentially fatal injuries, such as skull fractures, closed-head 
injuries, internal organ injuries, collapsed lungs, spinal injuries, or 
mechanical asphyxia (which is a form of suffocation that results from a 
mechanical force (such as furniture) preventing muscle movement 
necessary for breathing). The severity of injuries depends on various 
factors, such as the body part hit or trapped by the CSU, the weight 
and nature of the stationary forces involved (i.e., the CSU and the 
floor), the magnitude and duration of the force the CSU applies, the 
duration of oxygen deprivation from mechanical asphyxia, and the 
ability to call for help or self-rescue. Blunt head trauma can result 
in death or severe injuries, and oxygen deprivation can lead to 
permanent brain damage, organ and tissue injury, or death.
    Children are particularly vulnerable to the risk of injury and 
death associated with CSU tip overs because of their physical and 
cognitive abilities, the circumstances often involved in CSU tip overs, 
and their susceptibility to severe injury. Children generally are not 
strong enough to move heavy furniture when trapped underneath, do not 
react quickly enough to avoid falling furniture, and lack cognitive 
awareness of hazards. In addition, many incidents occur when a child is 
left unattended, reducing the likelihood that a caregiver could quickly 
rescue the child. Children, in particular, can suffer long-term harm 
from head injuries, which can affect their motor and emotional 
development, speech, cognitive ability, and overall quality of life.
    Commission staff reviewed fatal incidents and NEISS incidents 
involving children to identify the types of fatal and nonfatal injuries 
associated with CSU tip overs. Of the 167 fatal incidents involving 
children and CSU tip overs that occurred between 2000 and 2016, 71 (43 
percent) were the result of head injuries, skull fractures, and brain 
hemorrhage from blunt head trauma (including crushing injuries and deep 
scalp hemorrhage). The remaining 96 fatal incidents (57 percent) were 
the result of chest compression from a child being pinned under a CSU. 
In 13 of the 167 fatal incidents involving children, the child died 
despite receiving medical care.
    CSU tip-over injuries to children that are treated in hospital 
emergency departments ranged in severity, including contusions, 
abrasions, lacerations, fractures, and internal injuries. Of the 
estimated 47,700 emergency department-treated injuries to children that 
were associated with CSUs between January 1, 2006 and December 31, 
2016, an estimated 17,700 injuries (37 percent) involved contusions or 
abrasions; an estimated 12,500 injuries (26 percent) involved internal 
injuries (including closed head injuries); an estimated 6,600 injuries 
(14 percent) involved lacerations; and an estimated 4,500 injuries (9 
percent)

[[Page 56755]]

involved fractures. Injuries to children that were reported through 
NEISS impacted numerous body parts, but the most common was the head 
(42 percent), followed by the face (15 percent), and trunk (10 
percent). Four percent of NEISS injuries involving children and CSU tip 
overs required hospitalization, whereas 92 percent were treated and 
released, and 1 percent were observed.
    When a television was involved in a CSU tip over, children's 
injuries were more likely to require hospitalization and involve 
internal injuries and head injuries than when no television was 
involved. When a television was involved in a CSU tip over that 
resulted in injury to a child, 7 percent of injuries required 
hospitalization (compared with 3 percent when only a CSU was involved); 
36 percent of injuries were internal injuries (compared with 22 percent 
when only a CSU was involved); and 58 percent were head injuries 
(compared with 36 percent when only a CSU was involved).

D. Hazard Patterns

    CPSC staff analyzed fatal and nonfatal incident reports to identify 
factors that are associated with CSU tip-over incidents. This analysis 
revealed that certain user interactions (such as opening multiple 
drawers) and surroundings (such as specific flooring) were associated 
with CSU tip overs. To assess relevant incidents in detail, staff 
reviewed 369 nonfatal incidents involving CSU tip overs that occurred 
between January 1, 2005 and December 31, 2015, and were reported to 
CPSC.\3\ This data set is useful to identify hazard patterns, but it 
cannot be used to draw statistical conclusions because it does not 
include the most recent incident reports, and many of the reports do 
not include detailed information about circumstances surrounding the 
incidents.\4\
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    \3\ Staff reviewed incidents that were in CPSC's In-Depth 
Investigations database, Injury and Potential Injury Incidents 
database, and NEISS database, as of January 15, 2016.
    \4\ In addition to the more common hazard patterns described in 
this section, there were also incident reports that indicated other 
scenarios were involved in CSU tip overs, such as moving the CSU, 
pulling on a portion of the CSU, and no consumer interaction before 
the incident.
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1. Televisions
    As the incident data discussed above indicates, in some incidents, 
televisions tipped over with a CSU, often resulting in more serious 
injuries. Of the 167 child fatalities between 2000 and 2016, 89 (53 
percent) involved a television falling in addition to the CSU. Of the 
estimated emergency department-treated injuries to children between 
2006 and 2016, approximately 30 percent involved a television falling 
with a CSU. In many of these incidents, children were using the CSU 
like a ladder or step stool, climbing or standing in a lower drawer, to 
reach the television or other media device (e.g., DVD player, video 
game system) on top of the CSU.
    In the majority of incidents that involved a television and CSU 
tipping over, the television was a cathode-ray tube (CRT) television, 
rather than a flat-screen television. CRT televisions are front-heavy, 
with the majority of their weight in the screen portion facing front. 
This type of television is no longer manufactured. The Commission 
continues to consider how best to address the hazard of televisions 
tipping over. A mandatory Commission rule can only apply to products 
manufactured after the rule takes effect. Thus, the Commission may not 
be able to address the hazard discontinued CRT televisions present 
through rulemaking. To assess the relevance of televisions and 
regulatory options, the Commission requests comments about the extent 
to which consumers put televisions on top of CSUs, the types of 
televisions involved in tip-over incidents, and the impact of 
televisions on the stability of CSUs.
2. Opening Multiple Drawers
    Several incident reports indicated that a CSU tipped over when a 
consumer opened one or more drawers. Of the 369 nonfatal incidents 
staff reviewed, 50 reported this scenario.
3. Climbing
    Several reports indicated that a child was climbing on the CSU at 
the time of the tip over incident. In some cases, a child was climbing 
onto or into the CSU to play, and in others, the child was climbing 
with a purpose other than playing. Examples of play behaviors evidenced 
in the data include playing hide-and-go-seek, climbing for a challenge 
or to jump, and sitting in a lower drawer for fun. Examples of purpose-
based behaviors include climbing or standing on a lower drawer to reach 
a television or other item on top of the CSU, standing on a lower 
drawer to reach or see into an upper drawer, using the CSU to pull into 
a standing position, scaling the CSU to reach into a crib, and opening 
drawers to remove clothing.
    These behaviors are developmentally expected for children under 6 
years old. It is developmentally normal and foreseeable for children in 
this age group to interact with furniture, such as CSUs, to play by 
climbing, sitting, or hiding on or in the CSU. It is also 
developmentally normal and foreseeable for children to interact with 
CSUs to dress themselves, place and remove items on top of the CSU, and 
exercise developing problem-solving skills by stepping on lower drawers 
to reach items in upper drawers or on top of the CSU.
4. Location, Flooring, and Contents
    Of the 369 nonfatal incident reports staff reviewed, all of the 
reports that included enough information to identify the location of 
the CSU indicated that the CSU was in a bedroom. Of those reports that 
specified the flooring surface involved, most occurred on carpet; a 
smaller number of incidents occurred on wood and tile. Of the reports 
that indicated the CSU tip over happened on carpeting, nearly all of 
the incidents involved general stability, such as opening a drawer or 
no consumer interaction. Of the reports that described the contents of 
the CSU, most contained only clothing, and very few were empty.

V. Existing Voluntary and International Standards

A. Description of Existing Standards

    There are five voluntary or international standards that address 
CSU or storage unit furniture tip overs:
     ASTM F2057-17, Standard Safety Specification for Clothing 
Storage Units (ASTM F2057-17);
     ASTM F3096-14, Standard Performance Specification for 
Tipover Restraint(s) Used with Clothing Storage Unit(s) (ASTM F3096-
14);
     ISO 7171:1988, International Organization for 
Standardization, Furniture--Storage units--Determination of stability 
(ISO 7171);
     AS/NZS 4935:2009, Australia/New Zealand Standard, Domestic 
furniture--Freestanding chests of drawers, wardrobes and bookshelves/
bookcases--Determination of stability (AS/NZS 4935); and
     EN 14749:2016, European Standard, Furniture--Domestic and 
kitchen storage units and kitchen-worktops--Safety requirements and 
test methods (EN 14749).
    The products within the scope of each of these standards vary. ASTM 
F2057-17 applies to furniture intended for clothing storage, typical of 
bedroom furniture, and more than 30 inches in height, but excludes 
built-in furniture and shelving furniture, such as bookcases, office 
furniture, entertainment furniture, and dining room furniture. ISO 7171 
applies to

[[Page 56756]]

freestanding storage furniture, including cupboards, cabinets, and 
bookshelves that are fully assembled and ready for use, but excludes 
wall-mounted and built-in products. AS/NZS 4935 applies to domestic 
freestanding chests, drawers, and wardrobes over 19.7 inches in height, 
as well as bookshelves and bookcases more than 23.6 inches. EN-14749 
applies to all kitchen, bathroom, and domestic storage units with 
movable and non-moveable parts.
    ASTM International approved ASTM F2057-17 on October 1, 2017, and 
published it in October 2017.\5\ The scope of ASTM F2057-17 specifies 
that the standard is intended to cover ``children up to and including 
age five.'' ASTM F2057-17 includes requirements for stability, 
labeling, and tip over restraint devices (TRDs).
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    \5\ Although ASTM F2057-17 was published shortly before this 
ANPR and staff's accompanying briefing package, Commission staff was 
able to review and assess the standard based on the previous 
version, ASTM F2057-14, which was largely the same as ASTM F2057-17. 
The only changes in ASTM F2057-17 were to non-substantive provisions 
(introduction, caveats, and principles on standardization) and 
warning label requirements. The changes to warning label 
requirements were the addition of performance requirements for label 
permanence and the addition of a pictogram in the warning label. 
Staff considered these changes in their review and assessment.
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    To assess the stability of a CSU, ASTM F2057-17 requires that the 
unit withstand two performance tests--one when the unit is loaded, and 
one when the unit is unloaded. For the loaded test, the CSU must not 
tip over when each drawer (or door) is open, one at a time, and 
weighted with 50 pounds. For the unloaded test, the CSU must not tip 
over when all of the drawers (or doors) are open at the same time. For 
both stability tests, testing is on a ``hard, level, flat surface'' and 
drawers must be open to the outstop (a feature that limits the outward 
movement of a drawer) or, when there is no outstop, to \2/3\ of the 
operational sliding length, and doors must be open 90 degrees. The 
standard specifies that if part of the CSU fails, that part should be 
repaired or replaced and the test repeated.
    ASTM F2057-17 also requires a permanent label on CSUs, in a 
``conspicuous location when in use,'' and includes an example label 
showing warning content and formatting. The standard also includes a 
test for assessing label permanence.
    ASTM F2057-17 requires that TRDs be provided with all products that 
fall within the scope of the standard and that they comply with ASTM 
F3096-14. TRDs are supplementary devices that help prevent tip overs. 
One example of a TRD is a strap that users attach to the back of a CSU 
and the wall, to stabilize the CSU. ASTM F3096-14 requires TRDs to be 
tested for strength by affixing one end of the assembled restraint to a 
fixed structure and applying a 50-pound weight to the opposite end. 
ASTM F3096-14 also requires instructional literature that includes 
illustrations of installation methods, step-by-step instructions, and a 
list of parts with pictures.
    The three international standards--ISO 7171, AS/NZS 4935, and EN 
14749--address many of the same key performance requirements as the 
voluntary ASTM standards. Table 3 compares the key elements in each of 
the standards.

               Table 3--Key Performance Requirements in Voluntary and International Standards Addressing Storage Unit Furniture Tip Overs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                        Minimum
                                    Test mass          furniture          Element           Element            TRDs         Warning  labels    Load and
                                                        height           breakage          extension                                          force test
--------------------------------------------------------------------------------------------------------------------------------------------------------
ASTM F2057-17.................  50 lbs...........  30 in...........  Repair, if        To outstop or 2/  Required........  Required........  None.
                                                                      possible.         3.
ISO 7171......................  Not specified \6\  Not specified...  Not specified...  2/3 extension...  Not mentioned...  Not mentioned...  None.
AS/NZS 4935...................  29 kg (63.88 lbs)  500 mm (19.7 in)  Fail............  2/3 extension...  Strongly          Required........  None.
                                                                                                          recommended.
EN 14749......................  75 N (16.8 lbs)..  Not specified...  Not specified...  To outstop or 2/  Not mentioned...  Not mentioned...  Yes.
                                                                                        3.
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    ISO 7171 testing requirements address only stability. ASTM F2057-17 
and AS/NZA 4935 include requirements for both stability testing and 
warnings. EN 14749 includes stability requirements, as well as strength 
and durability requirements. The stability test requirements in ASTM 
F2057-17 and AS/NZA 4935 are similar in that both require one empty 
drawer to be open for loaded testing. In contrast, EN 14749 requires 
that all drawers in a row (not column) be open simultaneously, but 
specifies a lower force than ASTM F2057-17 and AS/NZA 4935. EN 14749 
also includes two further stability tests to assess a vertical force 
and a loaded test with force applied. ASTM F2057-17 is the only 
standard that requires TRDs.
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    \6\ ISO 7171 does not include pass/fail criteria for loaded 
stability testing. Instead, it directs testers to continue to 
increase the force until a portion of the product ``just lifts away 
from the floor.''
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B. Assessment of Existing Standards

    Commission staff assessed the requirements in each of the existing 
standards and determined that the two ASTM standards are the most 
effective existing standards. Nevertheless, Commission staff 
preliminarily believes that the existing standards do not adequately 
reduce the risk of CSU tip overs. Staff believes that the two ASTM 
standards are more effective than the international requirements 
primarily for two reasons. First, although it may appear that EN 14749 
is the most stringent standard because it requires additional stability 
tests, the additional tests are not as severe as applying a larger 
force to the front edge of an empty unit, as ASTM F2057-17 and AS/NZA 
4935 require. Second, ASTM F2057-17 is the only standard that requires 
TRDs. The Commission's Division of Mechanical Engineering staff 
believes that TRDs are an important component to effectively prevent 
CSU tip overs. For these reasons, Commission staff believes that the 
ASTM standards are the most stringent existing standards, and 
therefore, focused on these standards when assessing the effectiveness 
of existing standards that address CSU tip overs. However, as discussed 
below, there are several provisions in the ASTM standards that staff 
preliminarily believes do not adequately address the risk of CSU tip 
overs.
1. Scope
    The scope of ASTM F2057-17, which limits the height of CSUs and age 
of children it addresses, may not adequately reduce the risk of injury 
associated with CSU tip overs. First, the scope of the standard is 
limited to addressing CSUs that are more than 30 inches in height. 
However, there have been incidents involving CSUs that are 30 inches 
tall or less. These products may present a hazard particularly to 
children because low-height CSUs may be intended for children and these

[[Page 56757]]

products can weigh as much as 100 pounds.
    Second, the scope of ASTM F2057-17 states that that the target 
population for injury reduction is ``children up to and including age 
five.'' However, as the incident data demonstrate, children as old as 8 
years old have been killed and injured by CSU tip overs. In particular, 
children under age 6 are most commonly involved in incidents. The ``age 
five'' specified in the standard appears to include only children up to 
exactly age five (i.e., 60 months), however, and not children between 
their fifth and sixth birthdays (based on the 50-pound stability test 
weight, which represents the weight of children 60 months old). In 
addition, hazard patterns, such as opening multiple drawers, present a 
risk of injury to users of any age.
2. Stability
    There are also several components of the stability testing 
provisions in ASTM F2057-17 that staff preliminarily believes are not 
adequate to reduce the risk of injury associated with CSU tip overs.
    First, the standard requires that stability testing occur on a 
``hard, level, flat surface.'' This does not reflect the surfaces on 
which CSUs may rest in consumers' homes. For example, floors in a home 
may not be level, and carpeting is not flat. As the incident reports 
suggest, when a flooring type was reported, carpeting was more commonly 
involved in CSU tip-over incidents than other types of flooring. 
Assessing the impact of alternate surfaces on stability may be 
necessary to accurately assess the stability of a product. In addition, 
the standard does not provide a detailed definition of a ``hard, level, 
flat surface.'' Relevant details may include a surface flatness 
tolerance (e.g., 0.1[deg]) over a certain area or a 
specific type of flooring surface (e.g., Type IV vinyl tile).
    Second, the requirement that testing occur with drawers open to the 
outstop or, if there is no outstop, to \2/3\ of the operational sliding 
length, is unclear and creates testing inconsistencies. For example, 
staff has tested CSUs with outstops that are significantly less than 
\2/3\ of the operational sliding length, the location of the outstop 
can impact proper placement of the test weight on the drawer, the 
standard does not address CSUs with multiple outstops, and the standard 
does not specify a minimum operational sliding length, which would 
facilitate testing.
    Third, the unloaded stability test procedure may not reflect 
conditions during actual consumer use. This test requires that all 
drawers are empty and open simultaneously. However, when contents were 
reported in CSU tip-over incidents, CSUs generally contained clothing.
    Fourth, staff has several concerns with the loaded stability test 
procedure. The 50-pound test weight is not consistent with the age and 
weight of victims. The majority of reported CSU tip-over incidents 
involved children under 6 years old. As such, the test weight in the 
standard does not reflect the weight of children involved in the 
majority of incidents, which is approximately 60 pounds (for the 95th 
percentile weight of children just under six years old, according to 
Centers for Disease Control growth charts). In addition, the test 
weight tolerances may impact the repeatability of testing. ASTM F2057-
17 allows a tolerance of 1 pound for each of the two 25-
pound test weights, which means the total weight can range from 48 to 
52 pounds, plus the weight of the fastening hardware and strap. Such a 
wide tolerance may produce variation in test outcomes, which could 
result in the same CSU passing and failing during multiple tests.
    Fifth, the standard's allowance for the replacement or repair of a 
failed component may be problematic. For example, this provision does 
not include a testability requirement, does not account for a failure 
that cannot be repaired or replaced, and does not account for design-
to-fail features that prevent tip overs.
    Sixth, during CPSC testing, staff identified several additional 
issues related to the specificity and clarity of the test procedures in 
ASTM F2057-17. For example, the standard does not address how to apply 
test weights to drawers with center components (e.g., handles), does 
not include a timeframe in which to apply and maintain the test weight, 
and does not address how to place weights in shallow drawers to avoid 
contact with the drawer bottom.
3. Labeling
    Commission staff has concerns with the location and content 
requirements for warning labels in ASTM F2057-17.\7\ With respect to 
location, the standard specifies that a label must be in a 
``conspicuous location when in use'' but does not provide further 
details. For a warning label to be effective, it must be in a location 
where users will see it. For example, users are not likely to notice or 
read a label in a lower drawer because it is outside their line-of-
sight and they would have to crouch to read it. In contrast, if a label 
is in a drawer at eye level, an adult, parent, or caregiver is more 
likely to notice and read the label. For this reason, the label 
placement provision in the standard may not be adequate for the label 
to be effective.
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    \7\ Staff also expressed concerns with the label permanence 
requirements in ASTM F2057-14 in the 2016 briefing package (U.S. 
Consumer Product Safety Commission, Staff Briefing Package on 
Furniture Tipover (September 30, 2016)). However, those concerns 
have been resolved with the label permanence requirements added to 
ASTM F2057-17.
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    Staff also has concerns with the hazard communication statements 
ASTM F2057-17 requires on a label. First, the label does not allow for 
customization of hazard avoidance statements for different unit 
designs. Second, the warning messages may not reflect the hazard 
patterns demonstrated in the incident data. Third, the warning language 
may not be easy to understand, may not motivate consumers to comply, 
and contradicts typical CSU uses. For example, the warning label states 
that consumers should not open multiple drawers simultaneously, but 
this contradicts common consumer use. Another example is the warning 
label statement that users should not place a television on a CSU, 
unless it is specifically designed to accommodate one. The CSU 
manufacturer, not the consumer, is in the best position to determine 
whether a CSU is designed to accommodate a television.
4. TRDs
    Commission staff believes that the TRD requirements in ASTM F3096-
14 do not adequately assess the strength of TRDs under conditions in 
which they are commonly used. Staff believes the following provisions 
are inadequate. First, the test method in ASTM F3096-14 only addresses 
TRD designs that have a linear connection to the means of attachment 
(strap-style TRDs). This test does not account for varied or innovative 
TRD designs. Second, the test does not examine the strength of all of 
the components of a TRD (e.g., brackets, fastener). Third, the test 
does not simulate the types of materials to which consumers are likely 
to secure TRDs. Fourth, the standard does not include explicit criteria 
for determining whether a TRD passes or fails the test.

VI. Regulatory Alternatives the Commission Is Considering

    The Commission is considering several alternatives to address the 
risk of death and injury associated with CSU tip overs.

[[Page 56758]]

A. Mandatory Standard

    The Commission could issue a mandatory standard addressing the 
hazard associated with CSU tip overs. A mandatory standard could 
include performance requirements, warning and instructional 
requirements, or both. However, warning and instructional requirements 
alone may not be adequate to address the risk because they rely on 
consumers noticing, reading, and following the warning. The Commission 
may consider the following factors in developing performance and 
warning requirements:
1. Scope and Definition of CSUs
    In developing a mandatory standard, the Commission would need to 
consider the appropriate scope for the standard, including the types of 
products the standard would cover, the hazard scenarios it would 
address, and whether to focus on a particular target population for 
injury reduction. For example, CPSC would need to consider whether to 
limit the scope of a standard to the CSU tip-over hazard posed to 
children under 6 years old. Such a scope may be appropriate because the 
large majority of CSU tip over injuries and deaths involve children 
under 6 years old. However, it may also be appropriate not to limit the 
scope of the standard because some injuries and fatalities have 
involved older children and adults, and some demonstrated hazard 
patterns (e.g., opening multiple drawers) involve a risk of injury to 
all ages.
    Similarly, CPSC also must consider how to define CSUs that are 
subject to a mandatory rule. Defining CSUs by certain characteristics 
may be appropriate. Such characteristics could include product height 
or weight, product types, or product features, reflecting the 
characteristics of products involved in incidents.
2. Stability
    The Commission believes that it may be appropriate to consider 
performance requirements and test methods that simulate actual use, 
including weighting a CSU to represent common use, dynamic testing to 
represent a child climbing (exerting a downward force), and testing 
that reflects actual floor surfaces in homes. In developing a mandatory 
standard, the Commission would consider ways to address the hazard 
patterns demonstrated in the incident data, such as:
     A child under 6 years old (weighing approximately 60 
pounds) climbing on a CSU to play;
     A child under 6 years old (weighing approximately 60 
pounds) standing on a lower drawer to reach into an upper drawer;
     A consumer (of any age) fully opening multiple drawers 
simultaneously that contain items typically stored in a CSU; and
     A CSU on a soft surface that simulates average carpet.
3. Labeling
    Clear and explicit requirements regarding the content and placement 
of warning labels may assist in reducing the risk of injury associated 
with CSU tip overs. This may include identifying a conspicuous location 
on CSUs for a warning label; allowing for customization of hazard-
avoidance statements, based on unit designs; comparing warning messages 
with incident data to make sure that the known hazardous situations are 
addressed; and including warning content that is easy to understand and 
consistent with the way consumers typically use CSUs.
4. TRDs
    TRDs are an important feature for reducing the risk of CSU tip 
overs. To assess the effectiveness of TRDs at preventing tip overs, 
performance requirements and test methods that assess the strength of 
the entire TRD system and reflect the circumstances under which TRDs 
are likely to be used (including the materials to which consumers are 
likely to attach them and the forces to which they are likely to be 
subjected) would be useful.

B. Rely on Voluntary Standards

    The Commission could rely on the voluntary ASTM standards--ASTM 
F2057-17 and ASTM F3096-14--that address CSU tip overs. If the 
Commission determines that the voluntary standards adequately reduce 
the risk of injury associated with CSU tip overs, and it finds that 
there is substantial industry compliance with the standards, then the 
Commission must rely on the voluntary standards, instead of issuing a 
mandatory standard. 15 U.S.C. 2058(b)(2).
    However, as discussed above, the Commission preliminarily believes 
that the ASTM standards do not adequately reduce the risk of injury 
associated with CSU tip overs. The Commission is assessing the level of 
compliance with the voluntary standards.

C. No Regulatory Action

    The Commission could rely on methods other than mandatory or 
voluntary standards to address the risk of injuries associated with CSU 
tip overs. This may include relying on product recalls or promoting the 
ongoing Anchor It! educational campaign. These alternatives may not be 
as effective at reducing the risk of injury as a mandatory standard. 
Recalls only apply to an individual manufacturer and product and do not 
extend to similar products. Recalls also can only address products that 
are already on the market, and cannot prevent unsafe products from 
entering the market. As for educational campaigns, staff does not have 
information regarding the effectiveness of the Commission's education 
campaign to date.

VII. Request for Comments and Information

    The Commission requests comments on all aspects of this ANPR, but 
specifically requests comments regarding:
     Data about the risk of injury associated with CSU tip 
overs;
     studies, tests, or surveys analyzing furniture tip-over 
injuries, including the severity and costs associated with injuries;
     the alternatives the Commission is considering, as well as 
additional alternatives for addressing the risk of injury;
     the appropriate scope of a mandatory standard and 
definition of CSUs, including the type of products it should address 
(e.g., other furniture; televisions; all CSUs; CSUs with certain 
features or over a certain height, such as 30 inches) and the ages it 
should address (e.g., children under 6 years old, all children, or all 
ages);
     the effectiveness of the stability, warning, and TRD 
requirements being considered;
     studies, tests, or surveys analyzing the number and type 
of televisions (i.e., CRT or flat screen) or other large objects placed 
on top of CSUs and the impact of those objects on the stability of the 
CSU;
     studies, tests, or surveys analyzing the use of 
aftermarket products that address tip-over hazards (e.g., wall straps, 
anchors) and their effectiveness at reducing tip overs;
     information or studies about how characteristics of the 
flooring surface under a CSU may impact the stability of the CSU and 
the effectiveness of a stability standard;
     a suitable definition for a soft surface that could serve 
as a surrogate for ``average'' or typical carpet;
     the effectiveness of voluntary or international standards 
at reducing the risk of injury associated with CSU tip overs;
     compliance with ASTM F2057-17 and ASTM F3096-14;

[[Page 56759]]

     CSU retail sales or shipments, especially information 
about the type of CSUs sold and the number of units sold in recent 
years;
     the number of CSUs in use;
     studies, tests, or descriptions of technologies or design 
changes that address tip-over injuries and estimates of costs 
associated with those features, including manufacturing costs and 
wholesale prices;
     the expected impact of technologies or design changes that 
address tip-over injuries on manufacturing costs or wholesale prices;
     the potential impact of design changes to address CSU 
stability on consumer utility; and
     information about whether any stability requirements for 
CSUs in ether a voluntary standard or potential mandatory rule could 
have a disparate impact on small entities, such as small manufacturers 
or importers.
    In addition, the Commission invites interested parties to submit 
any existing standards, or portions of them, for consideration as a 
consumer product safety standard. The Commission also invites 
interested persons to submit a statement of intention to modify or 
develop a voluntary consumer product safety standard addressing the 
risk of injury associated with CSU tip overs, including a description 
of the plan to develop or modify such a standard.
    Please submit comments in accordance with the instructions in the 
ADDRESSES section at the beginning of this ANPR.

Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2017-25779 Filed 11-29-17; 8:45 am]
BILLING CODE 6355-01-P