Substantial Product Hazard List: Window Covering Cords, 72873-72887 [2022-25040]
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Commission, 4330 East West Highway;
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ACE KS E5 Liberal, KS [Amended]
Liberal Mid-America Regional Airport, KS
(Lat. 37°02′38″ N, long. 100°57′36″ W)
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Issued in Fort Worth, Texas, on November
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[FR Doc. 2022–25817 Filed 11–25–22; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1120
[CPSC Docket No. CPSC–2021–0038]
Substantial Product Hazard List:
Window Covering Cords
Consumer Product Safety
Commission
ACTION: Final rule.
AGENCY:
To address the risk of
strangulation to young children
associated with certain window
covering cords, the Consumer Product
Safety Commission (CPSC) is issuing
this final rule to deem that one or more
of the following readily observable
characteristics of window coverings
present a substantial product hazard
(SPH) under the Consumer Product
Safety Act (CPSA): the presence of
hazardous operating cords on stock
window coverings, the presence of
hazardous inner cords on stock and
custom window coverings, or the
absence of a manufacturer label on stock
and custom window coverings. The rule
amends regulations which list products
that the Commission has determined
present an SPH.
DATES: The rule is effective December
28, 2022. The incorporation by reference
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SUMMARY:
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I. Introduction
A. Overview of the Final Rule
The purpose of the final rule is to
address the risk of strangulation to
children 8 years old and younger
associated with hazardous cords on
window coverings.1 On January 7, 2022
CPSC published a proposed rule
pursuant to section 15(j) of the CPSA, 15
U.S.C. 2064(j), to amend the substantial
product hazard list in 16 CFR part 1120
(part 1120) to deem the presence of
hazardous window covering cords on
stock and custom window coverings,
which have been adequately addressed
by the voluntary standard for window
coverings, ANSI/WCMA A100.1—2018,
American National Standard for Safety
of Corded Window Covering Products
(ANSI/WCMA–2018), as an SPH, as
defined in section 15(a)(2) of the CPSA.
87 FR 891. The Commission received
five comments in support of the rule
and is now finalizing the rule as
proposed.
The final rule is based on information
and analysis contained in (1) CPSC
staff’s September 29, 2021, Staff Briefing
Package: Notice of Proposed
Rulemaking for Corded Window
Coverings (Staff’s NPR Briefing
Package),2 and (2) CPSC staff’s
September 28, 2022, Staff Briefing
Package: Final Rule for Corded Window
Coverings (Staff’s Final Rule Briefing
Package).3
As proposed, in the final rule the
Commission deems three readily
observable characteristics of stock
window coverings an SPH:
1 On November 2, 2022, the Commission voted 4–
0 to publish this final rule, and each Commissioner
issued a statement in connection with their vote.
2 Staff’s NPR Briefing Package is available at:
https://www.cpsc.gov/s3fs-public/NPRs-AddWindow-Covering-Cords-to-Substantial-ProductHazard-List-Establish-Safety-Standard-forOperating-Cords-on-Custom-Window-Coveringsupdated-10-29-2021.pdf?VersionId=H
IM05bK3WDLRZrlNGogQLknhFvhtx3PD.
3 Staff’s Final Rule Briefing Package is available
at: https://www.cpsc.gov/s3fs-public/Final-Rules-to1-Add-Window-Covering-Cords-to-the-SubstantialProduct-Hazard-List-and-2-Establish-a-SafetyStandard-for-Operating-Cords-on-Custom-WindowCoverings.pdf?VersionId=nDxz9G5hfDy5k.
SnXkqgGKLiDsMK4hpe.
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(1) presence of hazardous operating
cords;
(2) presence of hazardous inner cords;
and
(3) absence of a required manufacturer
label.
Additionally, the Commission deems
two readily observable characteristics of
custom window coverings an SPH:
(1) presence of hazardous inner cords;
and
(2) absence of a required manufacturer
label.
The Commission is addressing the
presence of hazardous operating cords
on custom window coverings under a
separate, concurrent rulemaking
pursuant to sections 7 and 9 of the
CPSA, because the ANSI/WCMA–2018
standard does not adequately address
this hazard. See CPSC Docket No.
CPSC–2013–0028.
As detailed in this final rule the
Commission determines that:
• the following are readily observable
characteristics of window coverings: (a)
the presence of hazardous operating
cords (accessible operating cords longer
than 8 inches in any use position) on
stock window coverings; (b) the
presence of hazardous inner cords
(accessible inner cords that create a loop
large enough to insert a child’s head) on
stock and custom window coverings;
and (c) the absence of a required
manufacturer label on stock and custom
window coverings;
• the identified readily observable
characteristics are adequately addressed
by a voluntary standard, sections 4.3.1,
4.5, 5.3, 6.3, 6.7, and Appendices C and
D of ANSI/WCMA–2018;
• window coverings that conform to
sections 4.3.1, 4.5, 5.3, 6.3, 6.7, and
Appendices C and D of ANSI/WCMA–
2018 regarding the identified
characteristics have been effective in
reducing the risk of injury from
strangulation associated with operating
cords on stock window coverings, and
inner cords on stock and custom
window coverings. Additionally, the
required manufacturer label effectively
distinguishes between stock and custom
window coverings, and expedites timely
and effective recalls, by requiring
identification of the manufacturer name
and manufacture date on the product;
and
• stock and custom window
coverings manufactured or imported for
sale in the United States substantially
comply with the specified
characteristics in sections 4.3.1, 4.5, 5.3,
6.3, 6.7, and Appendices C and D of
ANSI/WCMA–2018.
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B. Background and Statutory Authority
Section 15(j) of the CPSA authorizes
the Commission to specify, by rule, for
any consumer product or class of
consumer products, characteristics
whose existence or absence are deemed
a substantial product hazard under
section 15(a)(2) of the CPSA. 15 U.S.C.
2064(j). Section 15(a)(2) of the CPSA
defines a ‘‘substantial product hazard,’’
in relevant part, as a product defect
which (because of the pattern of defect,
the number of defective products
distributed in commerce, the severity of
the risk, or otherwise) creates a
substantial risk of injury to the public.
For the Commission to issue a rule
under section 15(j) of the CPSA, the
characteristics involved must be
‘‘readily observable’’ and must have
been addressed by a voluntary standard.
Moreover, the voluntary standard must
be effective in reducing the risk of
injury associated with the consumer
products; and there must be substantial
compliance with the voluntary
standard. Id.
As explained in more detail in section
II.A of this preamble, the ‘‘readily
observable’’ characteristics of window
covering cords include visual
observation for the presence of
operating and inner cords, and a
manufacturer label; and when cords are
present, simple manipulations and
observation of the window covering to
assess cord accessibility by children,
and to measure the length of accessible
cords to determine whether they present
a strangulation hazard.
C. Product Description
Window coverings include shades,
blinds, curtains, and draperies, among
other products. Both blinds and shades
may have inner cords that distribute
forces to cause a motion, such as raising,
lowering, or rotating the window
covering to achieve a consumer’s
desired level of light control.
Manufacturers use inner cords on
window coverings to open and close
blinds and shades, using a variety of
mechanisms, including traditional
operating cords, motors, or direct-lift of
the bottom rail of the product, to
manipulate inner cords. Curtains and
draperies do not contain inner cords,
but consumers can operate curtains and
drapes using a continuous loop
operating cord or a wand.
A cord or loop used by consumers to
manipulate a window covering is called
an ‘‘operating cord’’ and may be in the
form of a single cord, multiple cords, or
continuous loops. ‘‘Cordless’’ window
coverings are products designed to
function without an operating cord, but
they may contain inner cords. Figures 1
through 6 explain window covering
terminology and show examples of
different types of window coverings.
rail
Tilt cords
Pull cords ending in
Inner
cords
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Figure 1. Horizontal blind
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Figure 4. Vertical blind
Figure 5. Roman shade
Figure 1 shows a horizontal blind
containing inner cords, operating cords,
and tilt cords. Figure 2 shows a roll-up
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Figure 3. Cellular shade with looped operating cord
Figure 6. Cordless horizontal blind
shade containing lifting loops and
operating cords. Figure 3 shows a
cellular shade with inner cords between
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two layers of fabric and operating cords.
Figure 4 shows a vertical blind with a
looped operating cord to traverse the
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Figure 2. Roll-up shade with
lifting loops
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blind and a looped bead chain to tilt the
vanes. Figure 5 shows a Roman shade
with inner cords that run on the back
side of the shade and operating cords.
Figure 6 is a horizontal blind that is
marketed as ‘‘cordless’’ because it has
no operating cords, but it still contains
inner cords.
This final rule relies on the
definitions of window coverings and
their features as set forth in the ANSI/
WCMA–2018 standard, which requires
‘‘stock’’ and ‘‘custom’’ window
coverings to meet different sets of
requirements. The final rule defines a
‘‘stock window covering’’ using the
definition of ‘‘Stock Blinds, Shades, and
Shadings’’ in section 3, definition 5.02
of ANSI/WCMA–2018, describing them
as a product that is completely or
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substantially fabricated prior to being
distributed in commerce and as a
specific stock-keeping unit (SKU). Even
when the seller, manufacturer, or
distributor modifies a pre-assembled
product, by adjusting to size, attaching
the top rail or bottom rail, or tying cords
to secure the bottom rail, the product is
still considered ‘‘stock’’ as defined in
the voluntary standard. Moreover, under
the voluntary standard, online sales of
a window covering, or the size of the
order, such as multifamily housing
orders, do not make the product a nonstock product. ANSI/WCMA–2018
provides these examples to clarify that,
as long as the product is ‘‘substantially
fabricated’’ prior to distribution in
commerce, subsequent changes to the
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product do not change its categorization
from ‘‘stock’’ to ‘‘custom.’’ The final rule
defines a ‘‘custom window covering’’
the same as the definition of ‘‘Custom
Blinds, Shades, and Shadings’’ in
section 3, definition 5.01 of the ANSI/
WCMA–2018 standard, which is any
window covering that is not classified
as a stock window covering.
D. Hazards Associated With Window
Covering Cords
Window coverings can pose
strangulation hazards to children when
they have cords that are accessible and
long enough to wrap around a child’s
neck. Figures 7, 8, and 9, below, depict
the strangulation hazard for different
window covering cord types.
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Figure 7. (a) Operating pull cords ending in one tassel (left); (b) operating cords tangled, creating a loop (middle);
(c) operating cords wrapped around the neck (right)
Figure 8. (a2Jn11er cords creatiilg a loop (left), (b) Inner cords on the back side of Roman shade (right)
As reviewed in the NPR, children can
strangle from mechanical compression
of the neck when they place a window
covering cord around their neck. 87 FR
at 894–96. Strangulation can lead to
serious injuries with permanent
debilitating outcomes or death. If
sustained lateral pressure occurs at a
level resulting in vascular occlusion,
strangulation can occur when a child’s
head or neck becomes entangled in any
position, even in situations where the
body is fully or partially supported.
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Strangulation is a form of asphyxia
that can be partial (hypoxia), when there
is an inadequate oxygen supply to the
lungs, or total, when there is complete
impairment of oxygen transport to
tissues. A reduction in the delivery of
oxygen to tissues can result in
permanent, irreversible damage.
Experimental studies show that only 2
kg (4.4 lbs.) of pressure on the neck may
occlude the jugular vein (Brouardel,
1897); and 3–5 kg (7–11 lbs.) may
occlude the common carotid arteries
(Brouardel, 1897 and Polson, 1973).
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Minimal compression of any of these
vessels can lead to unconsciousness
within 15 seconds and death in 2 to 3
minutes (Digeronimo and Mayes, 1994;
Hoff, 1978; lserson, 1984; Polson, 1973).
The vagus nerve is also located in the
neck near the jugular vein and carotid
artery. The vagus nerve is responsible
for maintaining a constant heart rate.
Compression of the vagus nerve can
result in cardiac arrest due to
mechanical stimulation of the carotid
sinus-vagal reflex. In addition, the
functioning of the carotid sinuses may
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Figure 9. (a) Continuous loop cord (left), (b) Lifting loop on Roll-up Shade (right)
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be affected by compression of the blood
vessels. Stimulation of the sinuses can
result in a decrease in heart rate,
myocardial contractility, cardiac output,
and systemic arterial pressure in the
absence of airway blockage.
Strangulation proceeding along one or
more of these pathways can progress
rapidly to anoxia, associated cardiac
arrest, and death. As seen in the CPSC
data (Wanna-Nakamura, 2014), and in
the published literature, neurological
damage may range from amnesia to a
long-term vegetative state. Continued
deterioration of the nervous system can
lead to death (Howell and Gully, 1996;
Medalia et al., 1991).
Because a loop acts as a noose when
a child’s neck is inserted, and death can
occur within 2–3 minutes of a child
losing footing, CPSC concludes that
head insertion into a preexisting loop
poses a higher risk of injury than when
a cord that does not contain a preexisting loop is wrapped around a
child’s neck; although both scenarios
have been demonstrated to be hazardous
and have led to fatal outcomes,
according to CPSC data.
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Based on the data, the Commission
also concludes that reliance on parental
supervision and warning labels are
inadequate to address the risk of injury
associated with window covering cords.
A user research study found that
caregivers lacked awareness regarding
the potential for window covering cord
entanglement, lacked awareness of the
speed and mechanism of the
strangulation injury; stated difficulty
using and installing safety devices for
window coverings, among the primary
reasons for not using them; and
caregivers were unable to recognize the
purpose of the safety devices provided
with window coverings (Levi et al.,
2016).4 According to Godfrey et al.
(1983), consumers are less likely to look
for and read safety information about
the products that they frequently use
and are familiar with. Consumers are
very likely to be familiar with window
coverings because they almost certainly
have window coverings in their homes
and probably use them daily. Therefore,
even well-designed warning labels will
have limited effectiveness in
4 https://cpsc.gov/s3fs-public/Window%20
Coverings%20Safety%20Devices%20
Contractor%20Reports.pdf.
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communicating the hazard on this type
of product.
Based on the foregoing, the
Commission finds that warning labels
are unlikely to effectively reduce the
strangulation risk from hazardous cords
on window coverings, because
consumers are not likely to read and
follow warning labels on window
covering products, and strangulation
deaths among children occur quickly
and silently, such that parental
supervision is insufficient to address the
incidents. Indeed, staff observed that
most of the incident window covering
units had the permanent warning label
required by the ANSI/WCMA standard,
applicable at the time of manufacture,
affixed to the product. Even welldesigned warning labels will have
limited effectiveness in communicating
the hazard on this type of product,
because consumers are less likely to
heed warnings for familiar products that
they commonly interact with without
incident.
In contrast, stock window covering
requirements in the ANSI/WCMA
standard adequately address the
strangulation hazard, by not allowing
hazardous cords on the product, by
design, and do not rely on consumer
action to address the risk. Accordingly,
the Commission concludes that the risk
of injury associated with window
coverings must be addressed through
performance requirements for window
covering cords.
As discussed in section II of this
preamble, ANSI/WCMA–2018 contains
performance requirements that, when
products conform, adequately and
effectively address the risk of
strangulation associated with operating
cords on stock products, and inner
cords on both stock and custom
products.
E. Risk of Injury
The Commission’s 2015 advance
notice of proposed rulemaking (ANPR)
on Window Coverings presented
incident data covering the period from
1996 through 2012. 80 FR 2327, 2332
(Jan. 16, 2015). Since then, WCMA
published the revised voluntary
standard for window coverings, ANSI/
WCMA–2018. For products that comply,
the standard has removed from the
market hazardous operating/pull cords
and inner cords for stock window
coverings, and removed hazardous inner
cords for custom window coverings.
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To study the effectiveness and any
lack of compliance with the voluntary
standard associated with window
covering cords, for the NPR, CPSC staff
reviewed the data related to these
products from 2009 through 2020.5
Since extracting data for the NPR, CPSC
received 15 additional incidents. Tab A
of Staff’s Final Rule Briefing Package
details this new incident data. For the
final rule, we describe incidents
received from 2009 through 2021. The
following analysis distinguishes
between stock and custom window
coverings, whenever feasible.
1. Incident Data From CPSC Databases
Based on newspaper clippings,
consumer complaints, death certificates
purchased from states, medical
examiners’ reports, reports from
hospital emergency department-treated
injuries, and in-depth investigation
reports, CPSC staff found a total of 209
reported fatal and near-miss
strangulations on window covering
cords that occurred among children 8
years old and younger from January
2009 through December 2021. These 209
incidents do not necessarily include all
window covering cord-related
strangulation incidents that occurred
during that period. However, these 209
incidents do provide a minimum
number for such incidents during that
time frame.
Table 1a provides the breakdown of
the incidents by year. Totals include
new incidents received after the NPR
data analysis and are noted in
parentheticals below. Because reporting
is ongoing and the number of incidents
may grow, and because these reports are
anecdotal and reporting is incomplete,
CPSC strongly discourages drawing any
inferences based on the year-to-year
increases or decreases shown in the
reported data.
5 CPSC’s incident search focused on fatal and
near-miss strangulations suffered by young children
due to window covering cords. Whenever feasible,
staff selected the time frame to be 2009 through
2021. CPSC staff searched three databases for
identification of window covering cord incidents:
the Consumer Product Safety Risk Management
System (CPSRMS), the National Electronic Injury
Surveillance System (NEISS), and the Multiple
Cause of Deaths data file (further information can
be found at https://wonder.cdc.gov/mcdicd10.html). The first two sources are CPSCmaintained databases. The Multiple Cause of
Deaths data file is available from the National
Center for Health Statistics (NCHS).
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TABLE 1a—REPORTED FATAL AND NEAR-MISS STRANGULATION INCIDENTS INVOLVING WINDOW COVERING CORDS AMONG
CHILDREN EIGHT YEARS AND YOUNGER 2009–2021
Number of reported incidents
Incident year
Fatal
strangulations
Total
Near-miss
strangulations
2009 .....................................................................................................................................
2010 .....................................................................................................................................
2011 .....................................................................................................................................
2012 .....................................................................................................................................
2013 .....................................................................................................................................
2014 .....................................................................................................................................
2015 .....................................................................................................................................
2016 .....................................................................................................................................
2017 .....................................................................................................................................
2018 .....................................................................................................................................
2019 .....................................................................................................................................
2020 * ...................................................................................................................................
2021 * ...................................................................................................................................
48
31
10
17
9
17
9
17
10 (1)
8
11
13 (5)
9 (9)
14
11
6
8
2
12
7
13
5
4
4
8 (5)
6 (6)
34
20
4
9
7
5
2
4
5 (1)
4
7
5
3 (3)
Total ..............................................................................................................................
209 (15)
100 (11)
109 (4)
Source: CPSC epidemiological databases CPSRMS and NEISS. Data in () indicate the number of new incidents received since the NPR data
analysis.
Note: * indicates data collection is ongoing.
Among the 15 newly reported incidents,
staff identified 11 fatalities (73 percent)
and 4 non-hospitalized injuries (27
percent). The non-hospitalized injuries
resulted in lacerations and abrasions.
Table 1b expands on Table 1a to
display the distribution of the annual
incidents by severity of incidents and
type of window coverings involved.
CPSC staff identified 50 of 209 incident
window coverings (24 percent) to be
stock products, and 36 of the 209 (17
percent) window coverings as custom
products. CPSC staff could not identify
the window covering type in the
remaining 123 of the 209 (59 percent)
incidents; 65 of the 123 (53 percent)
incidents involving an uncategorized
window covering resulted in a fatality.
TABLE 1b—REPORTED FATAL AND NEAR-MISS STRANGULATION INCIDENTS INVOLVING STOCK/CUSTOM/UNKNOWN TYPES
OF WINDOW COVERING CORDS AMONG CHILDREN EIGHT YEARS AND YOUNGER 2009–2021
Reported incidents by window covering type
Incident year
Stock
(fatal/nonfatal)
Custom
(fatal/nonfatal)
Unknown
(fatal/nonfatal)
2009 .............................................................................................
2010 .............................................................................................
2011 .............................................................................................
2012 .............................................................................................
2013 .............................................................................................
2014 .............................................................................................
2015 .............................................................................................
2016 .............................................................................................
2017 .............................................................................................
2018 .............................................................................................
2019 .............................................................................................
2020 * ...........................................................................................
2021 * ...........................................................................................
20 (4/16)
10 (3⁄7)
2 (1⁄1)
1 (1⁄0)
2 (1⁄1)
3 (2⁄1)
4 (4⁄0)
5 (3⁄2)
2 (1⁄1)
................................
1(0⁄1)
................................
................................
7 (2⁄5)
7 ( 2 ⁄5 )
4 ( 3 ⁄1 )
5 ( 1 ⁄4 )
3 ( 1 ⁄2 )
2 ( 1 ⁄1 )
1 ( 1 ⁄0 )
4 ( 3 ⁄1 )
1 ( 0 ⁄1 )
1 ( 0 ⁄1 )
................................
1 (1⁄0)
................................
21 (8/13)
14 (6⁄8)
4 (2⁄2)
11 (6⁄5)
4 (0⁄4)
12 (9⁄3)
4 (2⁄2)
8 (7⁄1)
7 (4⁄3)
7 ( 4 ⁄3 )
10 (4⁄6)
12 (7⁄5)
9 (6⁄3)
48
31
10
17
9
17
9
17
10
8
11
13
9
Total ......................................................................................
50 (20/30)
36 (15/21)
123 (65/58)
209
All
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Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: * indicates data collection is ongoing.
One hundred of the 209 incidents (48
percent) reported a fatality. Among the
nonfatal incidents, 16 involved
hospitalizations (8 percent). The longterm outcomes of these 16 injuries
varied from a scar around the neck, to
quadriplegia, to permanent brain
damage. One additional child was
treated and transferred to another
hospital; the final outcome of this
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patient is unknown. In addition, 79
incidents (38 percent) involved lesssevere injuries, some requiring medical
treatment, but not hospitalization. In the
remaining 14 incidents (7 percent), a
child became entangled in a window
covering cord, but was able to
disentangle from the cord and escape
injury. For the NPR, among the
incidents with gender information
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available, 66 percent of the children
were males, and 34 percent were
females. One incident did not report the
child’s gender. For the 15 new incidents
staff found a similar trend regarding
gender; 62 percent of the victims were
male and 38 percent were females.
Table 1c provides a breakdown of the
incidents by window covering type.
Among the 11 newly reported deaths
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since the NPR data analysis, staff
definitively identified the cord type in
6 deaths. Three deaths (27 percent)
involved a pull cord, two deaths (18
percent) involved a continuous loop,
and one death (9 percent) involved
inner cord(s); staff had insufficient
information to determine the cord type
involved for the remaining five fatal
incidents.
TABLE 1c—DISTRIBUTION OF REPORTED INCIDENTS BY TYPES OF WINDOW COVERINGS AND ASSOCIATED CORDS 2009–
2021
[Numbers in parentheses indicate new reports received since NPR]
Cord type
Window covering type
Pull
cord
Continuous
loop
Inner
cord
Lifting
loop
Tilt
cord
Unknown
Total
Horizontal .................................................................................
Vertical .....................................................................................
Drapery ....................................................................................
Roman ......................................................................................
Other * ......................................................................................
Roll-Up .....................................................................................
Roller ........................................................................................
Unknown ..................................................................................
68 (3)
0
0
2
2
1
0
1
2
12 (1)
4 (1)
2
5
0
9
1
4 (1)
0
0
19
0
0
0
0
0
0
0
0
0
4
0
0
5
0
0
0
0
0
0
0
10
0
0
1
0
1
0
56 (9)
89 (4)
12 (1)
4 (1)
24
7
6
9
58 (9)
Total ..................................................................................
74 (3)
35 (2)
23 (1)
4
5
68 (9)
209 (15)
Source: CPSC epidemiological databases CPSRMS and NEISS.
Other *: This category includes cellular and pleated shades.
Subtotal †: This row shows the incidents that are relevant to the Section 7&9 rule.
2. Incident Data From National
Estimates
(a) Estimates of Window Covering CordRelated Strangulation Deaths Using
National Center for Health Statistics
Data
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The National Center for Health
Statistics (NCHS) compiles all death
certificates filed in the United States
into multiple-cause mortality data files.
The mortality data files contain
demographic information on the
deceased, as well as codes to classify the
underlying cause of death, and up to 20
contributing conditions. The NCHS
compiles the data in accordance with
the World Health Organization (WHO)
instructions, which request member
nations to classify causes of death by the
current Manual of the International
Statistical Classification of Diseases,
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Injuries, and Causes of Death. Death
classifications use the tenth revision of
the International Classification of
Diseases (ICD), implemented in 1999.
For the NPR, 2019 was the latest
available year for NCHS data; since
then, data for 2020 have become
available.
Using the ICD10 code value of W76
(Other accidental hanging and
strangulation), the code most likely to
capture strangulation fatalities among
children under 5 (based on empirical
evidence from death certificates
maintained in CPSC databases), CPSC
staff derived fatality estimates for 2009
through 2020, presented in Figure 10
below. An unknown proportion of
strangulation deaths is likely coded
under ICD10=W75 (Accidental
suffocation and strangulation in bed) as
well as ICD10=W83 (Other specified
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threats to breathing), which staff cannot
separate out from the non-strangulation
deaths because of the unavailability of
any narrative description in these data.
Hence, CPSC’s estimates of
strangulation deaths are minimums.
A 2002 CPSC report by Marcy et al. 6
concluded that 35 percent of all
strangulation fatalities among children
less than 5 years old were associated
with window covering cords. Assuming
that the same proportion applied for the
entire 12-year period 2009–2020, Figure
10 below presents the national estimates
for all strangulation fatalities as well as
strangulations involving window
covering cords among children under 5.
6 N. Marcy, G. Rutherford. ‘‘Strangulations
Involving Children Under 5 Years Old.’’ U.S.
Consumer Product Safety Commission, December
2002.
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72881
Figure 10: Estimated Annual Minimum for Fatal Strangulations
Amon Children Under Five Years of A e 2009 - 2020
35
30
••..
25
··....
20
.• .
..· .. ··..
...·
e
,•••
..
15
10
........___
+
•
5
.•.
...· ·....
...
I
a
•
·······•·
~
0
2009
2010
2011
2012
2013
2014
• • 4• • All Dths
2015
2016
~ WC
2017
2018
2019
2020
Dths
Source: Multiple Cause of Death data, NCHS, 2009- 2020.
Note: The estimates for the window covering cord fatalities are based on the assumptions that 35% of all
strangulation fatalities are due to window covering cords and that this percentage remained unchanged over
2009-2020.
F. Applicable Voluntary Standard—
ANSI/WCMA–2018
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WCMA updated the 2018 version the
standard in May 2018, to include
missing balloted revisions. The standard
went into effect on December 15, 2018.
Since CPSC staff submitted the NPR
Staff Briefing Package in October 2021,
WCMA held multiple meetings with the
intent of revising the ANSI/WCMA
voluntary standard, balloting a revised
version on July 15, 2022.8 The balloted
standard is not in effect and does not
modify the provisions in the 2018
standard relevant to this rulemaking.
Accordingly, the final rule to amend
7 We received a comment critical of CPSC’s use
of this 2002 study. At this point in time, we are
unaware of other data sources that would provide
information regarding a more current national trend
in window covering cord-related strangulations and
the commenter did not provide an alternate data
source.
8 CPSC staff participated in all meetings, and
meeting logs have been placed on the rulemaking
docket for custom window coverings (Docket No.
CPSC–2013–0028).
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part 1120 is based on ANSI/WCMA–
2018.
The 2018 voluntary standard
segments the window covering market
between ‘‘stock’’ and ‘‘custom’’ window
coverings, as defined in section 3 of the
standard, definitions 5.02 and 5.01. Per
section 4.3.1 of the standard, stock
window coverings are required to have:
(1) no operating cords (4.3.1.1),
(2) inaccessible operating cords
(4.3.1.3), or
(3) short operating cords (equal to or
less than 8 inches) (4.3.1.2).
As reviewed in section II of this
preamble, the Commission finds that the
requirements for operating cords on
stock window coverings in ANSI/
WCMA–2018 adequately address the
risk of strangulation to children, by
removing operating cords, ensuring that
they are inaccessible to children, or by
making them too short to wrap around
a child’s neck. Staff’s review of the
incident data found that if stock
window coverings had complied with
the requirements in sections 4.3.1 of
ANSI/WCMA–2018 at the time of the
incident, all operating cord incidents
would have been prevented. See Tabs G
and I of Staff’s NPR Briefing Package;
Briefing Memorandum of Staff’s Final
Rule Briefing Package (at page 36).
However, as shown in Table 2, ANSI/
WCMA–2018 does not adequately
address the risk of injury associated
with custom window coverings, because
custom products can still be sold to
consumers with hazardous operating
cords longer than 8 inches, if
manufacturers give consumers the
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option to custom order the products
(sections 4.3.2.4 through 4.3.2.7 of
ANSI/WCMA–2018).9 A hazardous
operating cord is one that a child can
access, and that is long enough for a
child to either wrap around their neck
(longer than 8 inches), or to insert their
head into a pre-formed loop.
The Commission also finds that
section 4.5 of ANSI/WCMA adequately
addresses the strangulation risk
associated with inner cords on both
stock and custom window coverings.
ANSI/WCMA–2018 requires that if
inner cords are present on the product,
the inner cords must be (1) inaccessible,
or (2) if cords are accessible, the loop
created when pulling the cord (with a
maximum force of 5 pounds) cannot
allow a head probe to be inserted using
a 10-pound force. Section II of this
preamble provides an analysis of the
inner cord strangulation hazard on stock
and custom window coverings. Section
4.5 of the ANSI/WCMA–2018 standard
adequately addresses the risk of injury
associated with inner cords on stock
9 Although custom window coverings
manufacturers can choose to meet the operating
cord requirements for stock window coverings
(sections 4.3.2.1 through 4.3.2.3), the standard does
not require them to do so. Instead, the standard
allows firms to continue manufacturing and selling
custom window coverings that contain hazardous
operating cords (sections 4.3.2.4 through 4.3.2.7).
Because the ANSI/WCMA–2018 standard does not
adequately address the risk of injury from operating
cords on custom products, this final rule does not
include them in the scope of the rule under section
15(j) of the CPSA. The Commission is addressing
operating cords on custom window coverings in a
separate rulemaking under sections 7 and 9 of the
CPSA; CPSC Docket No. CPSC–2013–0028.
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ER28NO22.003</GPH>
Based on the 2002 study, staff
estimates the annual average number of
deaths at 8.1 (or 9, if rounded up to the
nearest integer).7 We note that this
estimate is consistent with CPSC’s
actual incident data over a 12-year
period. For example, at the time of this
final rule analysis, the incidents over
the 12-year period 2009–2020 report an
average of 7.8 (or 8, if rounded up to the
nearest integer) annual deaths involving
window covering cords among children
under 8.
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and custom window coverings because,
similar to operating cords on stock
products, inner cords must be not
present, or must be inaccessible, or, if
inner cords are accessible, the cords
must be too short to create a loop large
enough for a child to insert his or her
head. Staff’s review of the incident data
found that if stock and custom window
coverings had been in compliance with
section 4.5 of ANSI/WCMA–2018, all
inner cord incidents would have been
prevented on a window covering that is
unbroken and intact. Id.
Table 2 explains the requirements in
in ANSI/WCMA–2018 for operating
cords, inner cords, and the
manufacturer label, on stock and custom
window coverings. In the final rule, the
Commission deems failure to follow the
provisions in requirements 1 through 5
an SPH, while the Commission
addresses the inadequate provisions in
requirements 6 through 8 in the final
rule for operating cords on custom
window coverings under CPSC Docket
No. CPSC–2013–0028.
TABLE 2—REQUIREMENTS FOR STOCK AND CUSTOM PRODUCTS IN ANSI/WCMA–2018
Performance requirements in ANSI/WCMA A100.1–2018
Assessment of the
performance
requirement
1. No operating cords OR ..........................................................
Adequate ..............
Required to have one or more
of these options.
Allowed/Not Required.
2. Short cord with a length equal to or less than 8 inches in
any state (free or under tension) OR
3. Inaccessible operating cords.
4. Inner cords that meet Appendix C and D ..............................
5. Manufacturer Label that meets section 5.3 ...........................
6. Single Retractable Cord Lift System (no limit on length of
exposed cord when operating).
7. Continuous Loop Operating System.
8. Accessible Operating Cords longer than 8 inches.
Adequate ..............
Adequate ..............
Inadequate ...........
Required ..................................
Required ..................................
Prohibited. ................................
Required.
Required.
Allowed/
Not Prohibited.
G. Commission Efforts To Address
Hazardous Window Covering Cords
1. Petition and Rulemaking
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On October 8, 2014, the Commission
granted a petition to initiate a
rulemaking to develop a mandatory
safety standard for window coverings.10
The petition asked CPSC to prohibit
window covering cords when a feasible
cordless alternative exists. When a
feasible cordless alternative does not
exist, the petition requested that all
window covering cords be made
inaccessible by using passive guarding
devices. The Commission granted the
petition and directed staff to prepare an
ANPR to seek information and comment
on regulatory options for a mandatory
rule to address the risk of strangulation
to young children on window covering
cords.
On January 9, 2015, the Commission
voted to approve publication in the
Federal Register of the ANPR for corded
window coverings, with changes. The
Commission published the ANPR for
corded window covering products on
January 16, 2015 (80 FR 2327). The
ANPR initiated a rulemaking proceeding
10 The petition, CP 13–2, was submitted by
Parents for Window Blind Safety, Consumer
Federation of America, Consumers Union, Kids In
Danger, Public Citizen, U.S. PIRG, Independent
Safety Consulting, Safety Behavior Analysis, Inc.,
and Onder, Shelton, O’Leary & Peterson, LLC.
Staff’s October 1, 2014 Petition Briefing Package,
and a copy of the petition at Tab A, is available on
CPSC’s website at: https://cpsc-d8-media-prod.s3.
amazonaws.com/s3fs-public/pdfs/foia_Petition
RequestingMandatoryStandardforCordedWindow
Coverings.pdf.
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Stock products
under the CPSA. CPSC invited
comments concerning the risk of injury
associated with corded window
coverings, the regulatory alternatives
discussed in the notice, the costs to
achieve each regulatory alternative, the
effect of each alternative on the safety,
cost, utility, and availability of window
coverings, and other possible ways to
address the risk of strangulation posed
to young children by window covering
cords. CPSC also invited interested
persons to submit an existing standard
or a statement of intent to modify or
develop a voluntary standard to address
the risk of injury. The ANPR was based
on the 2014 version of the ANSI/WCMA
standard.
As described in section II.F of this
preamble, the voluntary standard,
ANSI/WCMA–2018, adequately
addresses the risk of injury from
operating and inner cords on stock
window coverings, and the risk of inner
cord strangulation on custom window
coverings. Accordingly, the Commission
is issuing two final rules: (1) this final
rule under section 15(j) of the CPSA, to
deem as SPHs, stock window coverings
that do not comply with one or more of
three readily observable characteristics,
and custom window coverings that do
not comply with one or more of two
readily observable characteristics; and
(2) in a separate rulemaking under
sections 7 and 9 of the CPSA, a final
rule that requires that custom window
coverings manufactured for sale in the
United States not contain hazardous
operating cords, by complying with the
same operating cord requirements as
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Custom products
stock products in section 4.3.1 of ANSI/
WCMA–2018, or by making an
accessible cord non-hazardous, as
described in the final rule.11
2. Window Covering Recalls
As reported in the NPR, during the
period January 1, 2009 through
December 31, 2020, CPSC conducted 42
consumer-level recalls, including two
recall reannouncements. 87 FR at 901.
Tab C of Staff’s NPR Briefing Package
provides the details of these 42 recalls,
where strangulation was the primary
hazard. Manufacturers recalled more
than 28 million units,12 including:
Roman shades and blinds, roll-up
blinds, roller shades, cellular shades,
horizontal blinds, and vertical blinds.
The recalled products also included
stock products, which can be purchased
by consumers off-the-shelf, and custom
products, which are made-to-order
window coverings based on a
consumer’s specifications, such as
material, size, and color. Recalled units
did not comply with the current
voluntary standard, ANSI/WCMA–2018.
CPSC has not conducted any window
11 The custom window covering final rule
provides several methods for window covering
manufacturers to produce safe window covering
options: cordless, short cords 8 inches or less,
inaccessible cords (cord shrouds or retractable
cords with a 12-inch stroke length), and continuous
loops contained within a cord or bead restraining
device that meets the requirements of the final rule.
12 This estimate does not include the recalled
units of Recall No. 10–073. This was an industrywide recall conducted by members of the Window
Covering Safety Council (WCSC). The recall
announcement did not provide an exact number of
recalled products.
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covering recalls since December 31,
2020.
H. Comments on the NPR
CPSC received three comments on the
section 15(j) rule during the comment
period, and two comments before the
comment period began. All comments
generally supported the 15(j) rule and
have been placed on the docket for this
rule. Commenters include WCMA (two
comments),13 Consumer Federation of
America, Consumer Reports, and
Parents for Window Blind Safety. Based
on staff’s assessment of the ANSI/
WCMA–2018 standard and all
comments in support of the rule, the
Commission finalizes this rule as
proposed.
II. Commission Determination of a
Substantial Product Hazard
Sections 4.3.1, 4.5, 5.3, 6.3, 6.7, and
Appendices C and D of ANSI/WCMA–
72883
2018 set forth the performance
requirements for the identified readily
observable characteristics of stock and
custom window coverings specified in
the final rule. Table 3 summarizes these
requirements. The final rule deems
nonconformance to one or more of the
identified readily observable
characteristics of stock and custom
window coverings in ANSI/WCMA–
2018 to be an SPH under section
15(a)(2) of the CPSA.
TABLE 3—READILY OBSERVABLE CHARACTERISTICS IN ANSI/WCMA–2018 FOR STOCK AND CUSTOM WINDOW
COVERINGS
Stock window coverings
section of the standard
Readily observable
characteristics
Criterion
A. Operating cord
4.3.1.1 Cordless Operating System: ‘‘The product shall have no
operating cords’’.
4.3.1.2 Short Static or Access Cords: ‘‘The product shall have a
Short Cord’’.
4.3.1.3 Inaccessible Operating Cords: ‘‘The operating cords
shall be inaccessible as determined per the test requirements
in Appendix C: Test Procedure for Accessible Cords’’.
Presence of the operating cord
(a) Not present or
If present, measure the length
in any position of the window
covering.
If present and longer than 8
inches, observe whether accessible.
(b) 8 inches or shorter or
(c) Inaccessible using cord accessibility probe.
B. Inner cord
4.5 Inner Cords: ‘‘All products with inner cords must meet the
requirements in Appendix C and Appendix D.’’ Appendix C.
Test Procedure for Accessible Cords.
Appendix D. Hazardous Loop Test Procedure .............................
If present, determine whether
accessible.
(a) Inaccessible using cord accessibility probe or
If present, determine whether a
child’s head can penetrate
the opening.
(b) Pull inner cord and measure to determine whether the opening is less than 17 inches. For 15(j) purposes, this is comparable to inserting a head probe with a force of 10 pounds.
C. Manufacturer label
5.3 Manufacturer Label: There shall be a permanent label(s) or
marking on all finished window covering products.
A. Defined Characteristics Are Readily
Observable
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1. Operating Cords on Stock Window
Coverings
Section 4.3.1 of ANSI/WCMA–2018
requires the operating cords of stock
window coverings to be: (1) not present
(cordless) (section 4.3.1.1); (2)
inaccessible (section 4.3.1.3); or (3) eight
inches long or shorter in any position of
the stock window covering (section
4.3.1.2). The Commission determines
that these characteristics of operating
cords on stock window coverings are
‘‘readily observable’’ because, as
explained in the NPR, they require
visual observation and measurement to
assess conformance with sections
4.3.1.1 through 4.3.1.4 of ANSI/WCMA–
2018. 87 FR at 902–04. Additionally, the
13 WCMA also submitted its comments on the
proposed rule for operating cords on custom
window coverings (Docket CPSC–2013–0028) on
the docket for this final rule under section 15(j) of
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Presence of a permanent label
or marking within or on the
headrail or on the roller tube.
Observe whether the label is present and contains the following:
(a) The name, city, and state of the manufacturer/importer/
fabricator.
(b) Month and year of manufacture.
(c) Designation of window covering as ‘‘Custom’’ or
‘‘Stock.’’
If a stock window covering conforms
to the readily observable operating cord
requirements in section 4.3.1 of ANSI/
WCMA–2018, a CPSC investigator
would then observe whether the
window covering has hazardous inner
cords, as set forth in section 4.5, 6.3, 6.7,
and Appendices C and D, of ANSI/
WCMA–2018. Investigators would also
assess whether a custom window
product contains a hazardous inner
cord. ANSI/WCMA–18 requires that
inner cords on stock and custom
window coverings be: (1) not present
(cordless); (2) inaccessible; or (3) short
enough not to create a loop large enough
for a child to insert their head. The
Commission determines that these
characteristics of inner cords on stock
and custom window coverings are
‘‘readily observable’’ because, as
detailed in the NPR, they require visual
observation and direct measurements of
the product to assess conformance with
sections 4.5, 6.3, 6.7, Appendix C, and
Appendix D of ANSI/WCMA–2018. 87
FR at 904–08. The Commission deems
the presence of an accessible inner cord
on stock and custom window coverings
that creates a loop large enough for a
child to insert his or her head when
tested per sections 4.5, 6.3, 6.7, and
the CPSA. Those comments are not generally
relevant to the determinations required for a section
15(j) final rule (readily observable product
characteristics are adequately addressed in a
voluntary standard, and products substantially
comply with the voluntary standard), and so the
Commission addresses WCMA’s comments in the
final rule for custom window coverings.
Commission deems the presence of an
accessible operating cord longer than 8
inches in any position an SPH, because
a child can wrap a cord or looped cord
longer than 8 inches around his or her
neck, and the child could strangle on
the long cord.
2. Inner Cords on Stock and Custom
Window Coverings
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Appendices C and D of ANSI/WCM–
2018 to be an SPH, because a child can
strangle on a noncompliant inner cord
loop.
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3. Manufacturer Label on Stock and
Custom Window Coverings
Section 5.3 of ANSI/WCMA–2018
requires that stock and custom window
coverings display a permanent label on
the headrail (or roller tube) of a window
covering, with the following
information:
• the readily distinguishable name,
city, and state of the manufacturer/
importer/fabricator;
• the month and year of manufacture;
• the designation of the window
covering as ‘‘Custom’’ or ‘‘Stock.’’
The Commission determines, as
proposed in the NPR, that the absence
of a manufacturer label is readily
observable with a visual observation of
the window covering. 87 FR at 908. The
Commission deems the absence of a
manufacturer label on a window
covering an SPH, because the window
covering would not be in compliance
with section 5.3 of ANSI/WCMA–2018.
Additionally, the absence of this
manufacturer label makes it difficult for
staff, manufacturers, and consumers to
identify the product and class of
products subject to a recall, and to
distinguish stock from custom window
coverings. More than 28 million
window covering units have been
subject to a recall. Product information
that aids a recall is necessary to affect
and expedite recalls, especially in cases
where a consumer, such as a renter, did
not directly purchase the window
coverings and is reliant on the
manufacturer label for product
information.
B. Window Coverings That Conform to
ANSI/WCMA–2018 Are Effective at
Reducing the Risk of Injury Associated
With the Identified Readily Observable
Characteristics
Based on CPSC staff’s analysis, the
Commission determines that stock
window coverings that comply with
section 4.3.1 of the 2018 version of the
ANSI/WCMA standard effectively
eliminate or significantly reduce the risk
of strangulation from operating cords,
by removing operating cords, making
operating cords inaccessible to children,
or by ensuring that operating cords are
not long enough for a child to wrap
around his or her neck. See Tabs G and
I of Staff’s NPR Briefing Package;
Briefing Memorandum of Staff’s Final
Rule Briefing Package (at page 36).
Staff’s review of the incident data found
that if stock window coverings had
complied with the requirements in
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sections 4.3.1 of ANSI/WCMA–2018 at
the time of the incident, all operating
cord incidents would have been
prevented. Id. Even though the
requirements in the 2018 standard,
when followed, should lead to safe
stock window coverings, the
Commission acknowledges that it will
take approximately 2 decades, for
existing window coverings in
consumers’ homes to be replaced.14
Based on staff’s assessment, the
Commission also determines that stock
and custom window coverings that
comply with the inner cord
requirements in sections 4.5, 6.3, 6.7,
and Appendices C and D of ANSI/
WCMA–2018 effectively eliminate or
reduce the strangulation risk to children
from hazardous inner cords. Id. Like the
operating cord requirements for stock
window coverings, the inner cord
requirements eliminate hazardous
cords, by removing them from the
product, shrouding inner cords to make
them inaccessible to children, or
ensuring that if a child pulls on an inner
cord, the loop created is not large
enough for a child to insert his or her
head. Staff’s review of the incident data
found that if stock and custom window
coverings had been in compliance with
section 4.5 of ANSI/WCMA–2018, all
inner cord incidents would have been
prevented on a window covering that is
unbroken and intact. Id.
Finally, the Commission determines
that stock and custom window
coverings that comply with section 5.3
of ANSI/WCMA–2018, by displaying
the required manufacturer label, are
effective at reducing the risk of injury,
by identifying whether a product is
stock or custom, and by identifying the
manufacturer and the manufacture date
of the products. This information allows
CPSC, manufacturers, and consumers to
differentiate stock products from custom
products, and it also aids in expediting
timely and effective recalls. See Tab D
of Staff’s NPR Briefing Package.
C. Window Coverings Substantially
Comply With the Identified Readily
Observable Characteristics of Window
Coverings
The Commission has several bases to
determine that stock window coverings
substantially comply with the
requirements for operating cords in
ANSI/WCMA–2018. First, WCMA, the
14 For window coverings manufactured before the
effective date of the voluntary standard, the
Window Covering Safety Council (WCSC)
distributes safety devices through its website, and
during October safety month, CPSC and WCSC have
promoted safe window coverings, and offer
guidance on what to do to reduce the strangulation
hazard.
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trade association for window coverings
and the body that created the voluntary
standard, stated in a comment on the
ANPR (comment ID: CPSC_2013–0028–
1555) that there has been substantial
compliance with the voluntary standard
since its first publication. WCMA also
stated that the association’s message to
manufacturers is that, to sell window
coverings in the United States,
compliance with the standard is
mandatory.
Additionally, the Commission
instructed the staff to investigate the
level of compliance of window
coverings with the voluntary standard.
CPSC contracted with D+R
International, which interviewed
window covering manufacturers and
component manufacturers to collect
anecdotal information on the
distribution of stock and custom
product sales and the impact of
compliance with the voluntary standard
(D+R International, 2021). Various
manufacturers indicated retail
customers would not stock
noncompliant products. Manufacturers
are also aware of their customers’
procedures, and they would not ship to
them, if there were concerns about the
assembly and installation process. The
D+R report indicates that the voluntary
standard has caused U.S. window
covering manufacturers to design and
offer cordless lift operations for most
stock window covering categories. All
manufacturers interviewed were aware
of the standard and had implemented
compliance in all stages of their
development process, from product
design to fabrication.
CPSC field staff also confirmed
compliance of the categorization for
‘‘stock’’ and ‘‘custom’’ window
coverings, as defined in the ANSI/
WCMA standard. CPSC field staff
conducted unannounced in-store visits
to 18 firms, comprising wholesalers,
manufacturers, and retailers. Window
coverings in 13 locations demonstrated
compliance with the voluntary standard
for operating cords for stock and custom
products. However, in four locations,
staff observed noncompliance of custom
window coverings with the ANSI/
WCMA standard, primarily for
characteristics that are not subject to
this rule, including: deviations from the
default options with no specific
customer request that justified the
deviation (e.g., length of operating cords
40 percent longer than the window
covering length and use of a cord tilt,
instead of a wand tilt,); lack of warning
label; lack of manufacturer label; and
lack of hang tag. Staff found one
location with a noncomplying stock
window covering. This stock window
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covering was being sold with long
beaded-cord loops in various sizes. Tab
E of Staff’s NPR Briefing Package
contains a more detailed description of
staff’s assessment of substantial
compliance with the voluntary
standard.
Finally, CPSC technical staff tested
custom product samples, using test
parameters defined in ANSI/WCMA–
2018, with a cord accessibility probe
and force gauge. The samples tested by
staff also indicated a high level of
conformance in custom products
regarding inner cord accessibility.
Based on incident data, WCMA’s
statements, contractor report findings,
and staff’s examination and testing of
window covering products, the
Commission determines that a
substantial majority of window
coverings sold in the United States
comply with the readily observable
safety characteristics identified in
ANSI/WCMA–2018, as described in
Table 3.
III. Description of the Final Rule
The final rule adds several new
paragraphs in part 1120. The final rule
includes two new definitions in
§ 1120.2(f) and (g), which define ‘‘stock
window covering’’ and ‘‘custom
window covering’’ consistent with the
definitions in section 3 of ANSI/
WCMA–2018, definitions 5.02 and 5.01,
respectively. The final rule defines a
‘‘stock window covering’’ as a product
that is ‘‘completely or substantially
fabricated’’ prior to being distributed in
commerce and is a stock-keeping unit
(SKU). The definition further explains
that even when a seller, manufacturer,
or distributor modifies a pre-assembled
product by, for example, adjusting the
size, attaching a top rail or bottom rail,
or tying cords to secure the bottom rail,
the product is still considered ‘‘stock.’’
Additionally, the definition clarifies
that online sales of the product, or the
quantity of an order, such as a large
quantity for a multifamily housing unit,
do not make the product a non-stock
product. The final rule defines a
‘‘custom window covering’’ as any
window covering that is not classified
as a stock window covering.
Section 1120.3 of the final rule lists
substantial product hazards by product,
identifying the readily observable
characteristics of each product, and the
sections of the voluntary standards that
address each hazard. The final rule
modifies § 1120.3 by adding ‘‘stock
window coverings’’ and ‘‘custom
window coverings’’ as § 1120.3(e) and
(f), respectively. Section 1120.3(e) of the
final rule deems stock window
coverings that fail to comply with one
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or more of three readily observable
characteristics in ANSI/WCMA–2018 an
SPH:
(1) Operating cord requirements in
sections 4.3.1.1 (cordless operating
system), 4.3.1.2 (short static or access
cord), or 4.3.1.3 (inaccessible operating
cord);
(2) Inner cord requirements in
sections 4.5, 6.3, 6.7, Appendix C, and
Appendix D; and
(3) On-product manufacturer label in
section 5.3.
Additionally, § 1120.3(f) of the final
rule deems custom window coverings
that fail to comply with one or more of
two readily observable characteristics in
ANSI/WCMA–2018 an SPH:
(1) Inner cord requirements in section
4.5, 6.3, 6.7, Appendix C, and Appendix
D; and
(2) On-product manufacturer label in
section 5.3.
These characteristics and the ANSI/
WCMA–2018 requirements are
explained in more detail in section II,
and Tables 2 and 3, of this preamble.
Finally, the final rule adds
§ 1120.4(d), which provides the
incorporation by reference details for
the ANSI/WCMA standard.
IV. Effect of the Final Rule Under
Section 15(j) of the CPSA
Section 15(j) of the CPSA allows the
Commission to issue a rule specifying
that a consumer product or class of
consumer products has characteristics
whose presence or absence creates a
substantial product hazard. A rule
under section 15(j) of the CPSA is not
a consumer product safety rule, and
thus, would not trigger the statutory
requirements of a consumer product
safety rule. For example, a rule under
section 15(j) of the CPSA does not
trigger the testing or certification
requirements under section 14(a) of the
CPSA.
Although a rule issued under section
15(j) of the CPSA is not a consumer
product safety rule, a product that is or
has an SPH listed in 16 CFR part 1120
is subject to the reporting requirements
of section 15(b) of the CPSA, 15 U.S.C.
2064(b). A manufacturer, importer,
distributor, or retailer that fails to report
an SPH to the Commission is subject to
civil penalties under section 20 of the
CPSA, 15 U.S.C. 2069, and is possibly
subject to criminal penalties under
section 21 of the CPSA, 15 U.S.C. 2070.
A product that is or contains an SPH
may also be subject to voluntary
corrective action or mandatory
corrective action under sections 15(c)
and (d) of the CPSA, 15 U.S.C. 2064(c)
and (d). Thus, by issuing a final rule
under section 15(j) for stock and custom
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window coverings, the Commission can
order the manufacturer, importer,
distributor, or retailer of window
coverings that do not conform to one or
more of the identified readily observable
characteristics to offer to repair or
replace the product or to refund the
purchase price to the consumer.
A product that is offered for import
into the United States and is or contains
an SPH shall be refused admission into
the United States under section 17(a) of
the CPSA, 15 U.S.C. 2066(a).
Additionally, Customs and Border
Protection (CBP) has the authority to
seize certain products offered for import
under the Tariff Act of 1930 (19 U.S.C.
1595a)(Tariff Act), and to assess civil
penalties that CBP, by law, is authorized
to impose. Section 1595a(c)(2)(A) of the
Tariff Act states that CBP may seize
merchandise, and such merchandise
may be forfeited if: ‘‘its importation or
entry is subject to any restriction or
prohibition which is imposed by law
relating to health, safety, or
conservation and the merchandise is not
in compliance with the applicable rule,
regulation, or statute.’’ Thus, pursuant
to the final rule, stock and custom
window coverings that violate the rule
are subject to CBP seizure and forfeiture.
V. Regulatory Flexibility Act Analysis
The Regulatory Flexibility Act (RFA)
requires that proposed and final rules be
reviewed for the potential economic
impact on small entities, including
small businesses. 5 U.S.C. 601–612. In
the NPR, the Commission stated that the
economic effect of the rule on all
entities will be minimal, and that absent
public comment with relevant
information and evidence to the
contrary, the Commission intended to
certify at the final rule stage that the rule
will not have a significant economic
impact on a substantial number of small
entities. 87 FR at 910–11. The
Commission received no comments on
the RFA analysis presented in the NPR,
and we have not found any data that
would alter that analysis. See Tab E of
Staff’s Final Rule Briefing Package.
Accordingly, for the final rule, the
Commission certifies that the rule will
not have a significant impact on a
substantial number of small businesses.
VI. Environmental Considerations
Generally, the Commission’s
regulations are considered to have little
or no potential for affecting the human
environment, and environmental
assessments and impact statements are
not usually required. See 16 CFR
1021.5(a). The final rule to deem stock
and custom window covering cords that
do not comply with the identified
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readily observable characteristics to be
an SPH is not expected to have an
adverse impact on the environment, and
falls within the ‘‘categorical exclusion’’
for the purposes of the National
Environmental Policy Act. 16 CFR
1021.5(c).
VII. Paperwork Reduction Act
Under the Office of Management and
Budget’s (OMB) regulations (5 CFR
1320.3(b)(2)), the time, effort, and
financial resources necessary to comply
with a collection of information that
would be incurred by persons in the
‘‘normal course of their activities’’ are
excluded from a burden estimate, where
an agency demonstrates that the
disclosure activities required to comply
are ‘‘usual and customary.’’ In the NPR,
CPSC explained staff’s assessment that
more than 90 percent of the window
covering market already complies with
the voluntary standard, including the
requirement in section 5.3 of ANSI/
WCMA–2018 to place a manufacturer
label on each window covering. CPSC
received no comments on the burden
estimate. For the final rule, CPSC will
not establish an information collection
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521), because the
cost and burden of the label required in
section 5.3 of ANSI/WCMA–2018 is
incurred by window covering
manufacturers in the ‘‘normal course of
their activities’’ and are thus excluded
from the burden estimate because
compliance is ‘‘usual and customary.’’
VIII. Preemption
The final rule under section 15(j) of
the CPSA does not establish a consumer
product safety rule. Accordingly, the
preemption provisions in section 26(a)
of the CPSA, 15 U.S.C. 2075(a), do not
apply to this rule.
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IX. Effective Date
The Administrative Procedure Act
(APA) generally requires that the
effective date of a rule be at least 30
days after publication of a final rule. 5
U.S.C. 553(d). In the NPR, the
Commission proposed that any stock or
custom window coverings that did not
conform to the specified sections of
ANSI/WCMA A100.1—2018
(summarized in Table 3), be deemed an
SPH effective 30 days after publication
of a final rule in the Federal Register.
We received no comments on the
effective date. Accordingly, the final
rule will apply to all stock and custom
window coverings that do not comply
with the readily observable
characteristics of ANSI/WCMA–2018, as
specified in Table 3 of this preamble,
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16:18 Nov 25, 2022
Jkt 259001
that are distributed in commerce or
imported on or after December 28, 2022.
of Congress and the Comptroller
General.
X. Incorporation by Reference
List of Subjects in 16 CFR Part 1120
The Commission incorporates by
reference certain provisions of ANSI/
WCMA A100.1—2018, American
National Standard for Safety of Corded
Window Covering Products. The Office
of the Federal Register (OFR) has
regulations concerning incorporation by
reference. 1 CFR part 51. The OFR’s
regulations require that, for a final rule,
agencies must discuss, in the preamble
of the rule, ways that the materials the
agency incorporates by reference are
reasonably available to interested
persons and how interested parties can
obtain the materials. In addition, the
preamble of the rule must summarize
the material. 1 CFR 51.5(b).
In accordance with the OFR’s
requirements, sections I.F, II.A, and
Table 3 of this preamble summarize the
provisions of ANSI/WCMA A100.1—
2018 that the Commission is
incorporating by reference. ANSI/
WCMA A100.1—2018 is copyrighted.
You can view a read-only copy of ANSI/
WCMA A100.1—2018 at: https://
wcmanet.com/wp-content/uploads/
2021/07/WCMA-A100-2018_v2_
websitePDF.pdf. To download or print
the standard, interested persons can
purchase a copy of ANSI/WCMA
A100.1—2018 from WCMA, through its
website (https://wcmanet.com), or by
mail from the Window Covering
Manufacturers Association, Inc., 355
Lexington Avenue, New York, NY
10017; telephone: 212.297.2122.
Alternatively, interested parties may
inspect a copy of the standard free of
charge by contacting Alberta E. Mills,
Office of the Secretary, U.S. Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814;
telephone: 301–504–7479; email: cpscos@cpsc.gov.
Administrative practice and
procedure, Clothing, Consumer
protection, Cord sets, Extension cords,
Household appliances, Lighting,
Window Coverings, Cords, Infants and
children, Imports, Incorporation by
reference.
For the reasons stated above, and
under the authority of 15 U.S.C. 2064(j),
5 U.S.C. 553, and section 3 of Public
Law 110–314, 122 Stat. 3016 (August
14, 2008), the Consumer Product Safety
Commission amends 16 CFR part 1120
as follows:
XI. Congressional Review Act
The Congressional Review Act (CRA;
5 U.S.C. 801–808) states that, before a
rule may take effect, the agency issuing
the rule must submit the rule, and
certain related information, to each
House of Congress and the Comptroller
General. 5 U.S.C. 801(a)(1). The
submission must indicate whether the
rule is a ‘‘major rule.’’ The CRA states
that the Office of Information and
Regulatory Affairs (‘‘OIRA’’) determines
whether a rule qualifies as a ‘‘major
rule.’’ Pursuant to the CRA, OIRA
designated this rule as not a ‘‘major
rule,’’ as defined in 5 U.S.C. 804(2). To
comply with the CRA, CPSC will submit
the required information to each House
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PART 1120—SUBSTANTIAL PRODUCT
HAZARD LIST
1. The authority citation for part 1120
continues to read as follows:
■
Authority: 15 U.S.C. 2064(j).
2. In § 1120.2, add paragraphs (f) and
(g) to read as follows:
■
§ 1120.2
Definitions.
*
*
*
*
*
(f) Stock window covering (also
known as a stock blind, shade, or
shading) has the same meaning as
defined in section 3, definition 5.02, of
ANSI/WCMA A100.1—2018
(incorporated by reference; see
§ 1120.4), as a window covering that is
completely or substantially fabricated
prior to being distributed in commerce
and is a specific stock-keeping unit
(SKU). Even when the seller,
manufacturer, or distributor modifies a
pre-assembled product by adjusting to
size, attaching the top rail or bottom
rail, or tying cords to secure the bottom
rail, the product is still considered
stock. Online sales of the product or the
size of the order such as multi-family
housing do not make the product a nonstock product. These examples are
provided in ANSI/WCMA A100.1—
2018 (incorporated by reference; see
§ 1120.4) to clarify that as long as the
product is ‘‘substantially fabricated’’
prior to distribution in commerce,
subsequent changes to the product do
not change its categorization.
(g) Custom window covering (also
known as a custom blind, shade, or
shading) has the same meaning as
defined in section 3, definition 5.01, of
ANSI/WCMA A100.1—2018
(incorporated by reference; see
§ 1120.4), as a window covering that
does not meet the definition of a stock
window covering.
■ 3. In § 1120.3, add paragraphs (e) and
(f) to read as follows:
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§ 1120.3 Products deemed to be
substantial product hazards.
*
*
*
*
*
(e) Stock window coverings that fail
to comply with one or more of the
following requirements of ANSI/WCMA
A100.1—2018 (incorporated by
reference; see § 1120.4):
(1) Operating cord requirements in
section 4.3.1: section 4.3.1.1 (cordless
operating system), 4.3.1.2 (short static or
access cord), or 4.3.1.3 (inaccessible
operating cord);
(2) Inner cord requirements in
sections 4.5, 6.3, 6.7, and Appendices C
and D; and
(3) On-product manufacturer label
requirement in section 5.3.
(f) Custom window coverings that fail
to comply with one or more of the
following requirements of ANSI/WCMA
A100.1—2018 (incorporated by
reference; see § 1120.4):
(1) Inner cord requirements in
sections 4.5, 6.3, 6.7, and Appendices C
and D; and
(2) On-product manufacturer label in
section 5.3.
■ 4. In § 1120.4, add paragraph (d) to
read as follows:
§ 1120.4 Standards incorporated by
reference.
*
*
*
*
*
(d) Window Covering Manufacturers
Association, Inc., 355 Lexington
Avenue, New York, New York 10017.
Telephone: 212.297.2122. https://
wcmanet.com.
(1) ANSI/WCMA A100.1—2018.
American National Standard For Safety
Of Corded Window Covering Products,
approved January 8, 2018. IBR approved
for §§ 1120.2 and 1120.3.
(2) [Reserved]
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2022–25040 Filed 11–25–22; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
khammond on DSKJM1Z7X2PROD with RULES
[Docket No. USCG–2022–0934]
Safety Zone; City of Rockport,
Rockport Tropical Christmas Festival
Fireworks Display Show
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notification of enforcement of
regulation.
AGENCY:
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16:18 Nov 25, 2022
Jkt 259001
The Coast Guard will enforce
the safety zone for the Rockport
Tropical Christmas Festival Fireworks
Display Show on December 3, 2022, to
provide for the safety of persons,
vessels, and the marine environment on
navigable waterways during this event.
Our regulation for marine events within
the Eighth Coast Guard District
identifies the safety zone for this event
in Rockport, TX. During the
enforcement periods, entry into this
zone is prohibited unless authorized by
the Captain of the Port Sector Corpus
Christi (COTP) or a designated
representative.
DATES: The regulations in 33 CFR
165.801, Table 4, Line 11, will be
enforced from 7 p.m. through 7:30 p.m.
on December 3, 2022, unless the event
is postponed because of adverse
weather, in which case this rule will be
enforced from 7 p.m. through 7:30 p.m.
on December 9, 2022, or December 10,
2022.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant Commander Anthony
Garofalo, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email ccwaterways@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the safety zone in 33
CFR 165.801, Table 4, Line 11, for the
Rockport Tropical Christmas Festival
Fireworks Display Show from 7 p.m.
through 7:30 p.m. on December 3, 2022,
with a rain date set for December 9,
2022 and December 10, 2022. This
action is being taken to provide for the
safety of persons, vessels, and the
marine environment on navigable
waterways during this event. Our
regulation for marine events within the
Eighth Coast Guard District, § 165.801,
specifies the location of the safety zone
for the Wendell Family Fireworks,
which encompasses portions of Little
Bay in Rockport, TX. As reflected in
§§ 165.23 and 165.801(a), if you are the
operator of a vessel in the regulated area
you must comply with directions from
the Captain of the Port Sector Corpus
Christi (COTP) or any designated
representative. Persons or vessels
desiring to enter the zone must request
permission from the COTP or a
designated representative. They can be
reached on VHF FM channel 16 or by
telephone at (361) 939–0450.
If permission is granted, all persons
and vessels shall comply with the
instructions of the COTP or designated
representative.
In addition to this notification of
enforcement in the Federal Register, the
SUMMARY:
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COTP or a designated representative
will inform the public through
Broadcast Notice to Mariners (BNM),
Local Notices to Mariners (LNM),
Marine Safety Information Broadcasts
(MSIBs), and/or through other means of
public notice as appropriate at least 24
hours in advance of each enforcement.
Dated: November 18, 2022.
J.B. Gunning,
Captain, U.S. Coast Guard, Captain of the
Port Sector Corpus Christi.
[FR Doc. 2022–25778 Filed 11–25–22; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2022–0949]
RIN 1625–AA00
Safety Zone; Corpus Christi Shipping
Channel, Corpus Christi, TX
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Corpus
Christi Shipping Channel in a zone
defined by the following coordinates;
27°50′31.28″ N, 97°04′17.23″ W;
27°50′31.73″ N, 97°04′15.44″ W;
27°50′29.06″ N, 97°04′16.61″ W;
27°50′29.32″ N, 97°04′14.82″ W. The
safety zone is needed to protect
personnel, vessels, and the marine
environment from potential hazards
created by pipelines that will be
removed from the floor of the Corpus
Christi Shipping Channel. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Corpus Christi or a designated
representative.
SUMMARY:
This rule is effective without
actual notice from November 28, 2022,
through 3 p.m. on December 4, 2022.
For the purposes of enforcement, actual
notice will be used from November 21,
2022, until November 28, 2022.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander Anthony
Garofalo, Sector Corpus Christi
Waterways Management Division, U.S.
Coast Guard; telephone 361–939–5130,
email CCWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
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]]>Agencies
[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Rules and Regulations]
[Pages 72873-72887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25040]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1120
[CPSC Docket No. CPSC-2021-0038]
Substantial Product Hazard List: Window Covering Cords
AGENCY: Consumer Product Safety Commission
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: To address the risk of strangulation to young children
associated with certain window covering cords, the Consumer Product
Safety Commission (CPSC) is issuing this final rule to deem that one or
more of the following readily observable characteristics of window
coverings present a substantial product hazard (SPH) under the Consumer
Product Safety Act (CPSA): the presence of hazardous operating cords on
stock window coverings, the presence of hazardous inner cords on stock
and custom window coverings, or the absence of a manufacturer label on
stock and custom window coverings. The rule amends regulations which
list products that the Commission has determined present an SPH.
DATES: The rule is effective December 28, 2022. The incorporation by
reference of the publication listed in this rule is approved by the
Director of the Federal Register as of December 28, 2022.
FOR FURTHER INFORMATION CONTACT: Jennifer Colten, Compliance Officer,
Office of Compliance and Field Operations, Consumer Product Safety
Commission, 4330 East West Highway; telephone: 301-504-8165;
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Overview of the Final Rule
The purpose of the final rule is to address the risk of
strangulation to children 8 years old and younger associated with
hazardous cords on window coverings.\1\ On January 7, 2022 CPSC
published a proposed rule pursuant to section 15(j) of the CPSA, 15
U.S.C. 2064(j), to amend the substantial product hazard list in 16 CFR
part 1120 (part 1120) to deem the presence of hazardous window covering
cords on stock and custom window coverings, which have been adequately
addressed by the voluntary standard for window coverings, ANSI/WCMA
A100.1--2018, American National Standard for Safety of Corded Window
Covering Products (ANSI/WCMA-2018), as an SPH, as defined in section
15(a)(2) of the CPSA. 87 FR 891. The Commission received five comments
in support of the rule and is now finalizing the rule as proposed.
---------------------------------------------------------------------------
\1\ On November 2, 2022, the Commission voted 4-0 to publish
this final rule, and each Commissioner issued a statement in
connection with their vote.
---------------------------------------------------------------------------
The final rule is based on information and analysis contained in
(1) CPSC staff's September 29, 2021, Staff Briefing Package: Notice of
Proposed Rulemaking for Corded Window Coverings (Staff's NPR Briefing
Package),\2\ and (2) CPSC staff's September 28, 2022, Staff Briefing
Package: Final Rule for Corded Window Coverings (Staff's Final Rule
Briefing Package).\3\
---------------------------------------------------------------------------
\2\ Staff's NPR Briefing Package is available at: https://www.cpsc.gov/s3fs-public/NPRs-Add-Window-Covering-Cords-to-Substantial-Product-Hazard-List-Establish-Safety-Standard-for-Operating-Cords-on-Custom-Window-Coverings-updated-10-29-2021.pdf?VersionId=HIM05bK3WDLRZrlNGogQLknhFvhtx3PD.
\3\ Staff's Final Rule Briefing Package is available at: https://www.cpsc.gov/s3fs-public/Final-Rules-to-1-Add-Window-Covering-Cords-to-the-Substantial-Product-Hazard-List-and-2-Establish-a-Safety-Standard-for-Operating-Cords-on-Custom-Window-Coverings.pdf?VersionId=nDxz9G5hfDy5k.SnXkqgGKLiDsMK4hpe.
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As proposed, in the final rule the Commission deems three readily
observable characteristics of stock window coverings an SPH:
(1) presence of hazardous operating cords;
(2) presence of hazardous inner cords; and
(3) absence of a required manufacturer label.
Additionally, the Commission deems two readily observable
characteristics of custom window coverings an SPH:
(1) presence of hazardous inner cords; and
(2) absence of a required manufacturer label.
The Commission is addressing the presence of hazardous operating
cords on custom window coverings under a separate, concurrent
rulemaking pursuant to sections 7 and 9 of the CPSA, because the ANSI/
WCMA-2018 standard does not adequately address this hazard. See CPSC
Docket No. CPSC-2013-0028.
As detailed in this final rule the Commission determines that:
the following are readily observable characteristics of
window coverings: (a) the presence of hazardous operating cords
(accessible operating cords longer than 8 inches in any use position)
on stock window coverings; (b) the presence of hazardous inner cords
(accessible inner cords that create a loop large enough to insert a
child's head) on stock and custom window coverings; and (c) the absence
of a required manufacturer label on stock and custom window coverings;
the identified readily observable characteristics are
adequately addressed by a voluntary standard, sections 4.3.1, 4.5, 5.3,
6.3, 6.7, and Appendices C and D of ANSI/WCMA-2018;
window coverings that conform to sections 4.3.1, 4.5, 5.3,
6.3, 6.7, and Appendices C and D of ANSI/WCMA-2018 regarding the
identified characteristics have been effective in reducing the risk of
injury from strangulation associated with operating cords on stock
window coverings, and inner cords on stock and custom window coverings.
Additionally, the required manufacturer label effectively distinguishes
between stock and custom window coverings, and expedites timely and
effective recalls, by requiring identification of the manufacturer name
and manufacture date on the product; and
stock and custom window coverings manufactured or imported
for sale in the United States substantially comply with the specified
characteristics in sections 4.3.1, 4.5, 5.3, 6.3, 6.7, and Appendices C
and D of ANSI/WCMA-2018.
[[Page 72874]]
B. Background and Statutory Authority
Section 15(j) of the CPSA authorizes the Commission to specify, by
rule, for any consumer product or class of consumer products,
characteristics whose existence or absence are deemed a substantial
product hazard under section 15(a)(2) of the CPSA. 15 U.S.C. 2064(j).
Section 15(a)(2) of the CPSA defines a ``substantial product hazard,''
in relevant part, as a product defect which (because of the pattern of
defect, the number of defective products distributed in commerce, the
severity of the risk, or otherwise) creates a substantial risk of
injury to the public. For the Commission to issue a rule under section
15(j) of the CPSA, the characteristics involved must be ``readily
observable'' and must have been addressed by a voluntary standard.
Moreover, the voluntary standard must be effective in reducing the risk
of injury associated with the consumer products; and there must be
substantial compliance with the voluntary standard. Id.
As explained in more detail in section II.A of this preamble, the
``readily observable'' characteristics of window covering cords include
visual observation for the presence of operating and inner cords, and a
manufacturer label; and when cords are present, simple manipulations
and observation of the window covering to assess cord accessibility by
children, and to measure the length of accessible cords to determine
whether they present a strangulation hazard.
C. Product Description
Window coverings include shades, blinds, curtains, and draperies,
among other products. Both blinds and shades may have inner cords that
distribute forces to cause a motion, such as raising, lowering, or
rotating the window covering to achieve a consumer's desired level of
light control. Manufacturers use inner cords on window coverings to
open and close blinds and shades, using a variety of mechanisms,
including traditional operating cords, motors, or direct-lift of the
bottom rail of the product, to manipulate inner cords. Curtains and
draperies do not contain inner cords, but consumers can operate
curtains and drapes using a continuous loop operating cord or a wand.
A cord or loop used by consumers to manipulate a window covering is
called an ``operating cord'' and may be in the form of a single cord,
multiple cords, or continuous loops. ``Cordless'' window coverings are
products designed to function without an operating cord, but they may
contain inner cords. Figures 1 through 6 explain window covering
terminology and show examples of different types of window coverings.
[GRAPHIC] [TIFF OMITTED] TR28NO22.000
[[Page 72875]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.001
Figure 1 shows a horizontal blind containing inner cords, operating
cords, and tilt cords. Figure 2 shows a roll-up shade containing
lifting loops and operating cords. Figure 3 shows a cellular shade with
inner cords between two layers of fabric and operating cords. Figure 4
shows a vertical blind with a looped operating cord to traverse the
[[Page 72876]]
blind and a looped bead chain to tilt the vanes. Figure 5 shows a Roman
shade with inner cords that run on the back side of the shade and
operating cords. Figure 6 is a horizontal blind that is marketed as
``cordless'' because it has no operating cords, but it still contains
inner cords.
This final rule relies on the definitions of window coverings and
their features as set forth in the ANSI/WCMA-2018 standard, which
requires ``stock'' and ``custom'' window coverings to meet different
sets of requirements. The final rule defines a ``stock window
covering'' using the definition of ``Stock Blinds, Shades, and
Shadings'' in section 3, definition 5.02 of ANSI/WCMA-2018, describing
them as a product that is completely or substantially fabricated prior
to being distributed in commerce and as a specific stock-keeping unit
(SKU). Even when the seller, manufacturer, or distributor modifies a
pre-assembled product, by adjusting to size, attaching the top rail or
bottom rail, or tying cords to secure the bottom rail, the product is
still considered ``stock'' as defined in the voluntary standard.
Moreover, under the voluntary standard, online sales of a window
covering, or the size of the order, such as multifamily housing orders,
do not make the product a non-stock product. ANSI/WCMA-2018 provides
these examples to clarify that, as long as the product is
``substantially fabricated'' prior to distribution in commerce,
subsequent changes to the product do not change its categorization from
``stock'' to ``custom.'' The final rule defines a ``custom window
covering'' the same as the definition of ``Custom Blinds, Shades, and
Shadings'' in section 3, definition 5.01 of the ANSI/WCMA-2018
standard, which is any window covering that is not classified as a
stock window covering.
D. Hazards Associated With Window Covering Cords
Window coverings can pose strangulation hazards to children when
they have cords that are accessible and long enough to wrap around a
child's neck. Figures 7, 8, and 9, below, depict the strangulation
hazard for different window covering cord types.
[[Page 72877]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.002
As reviewed in the NPR, children can strangle from mechanical
compression of the neck when they place a window covering cord around
their neck. 87 FR at 894-96. Strangulation can lead to serious injuries
with permanent debilitating outcomes or death. If sustained lateral
pressure occurs at a level resulting in vascular occlusion,
strangulation can occur when a child's head or neck becomes entangled
in any position, even in situations where the body is fully or
partially supported.
Strangulation is a form of asphyxia that can be partial (hypoxia),
when there is an inadequate oxygen supply to the lungs, or total, when
there is complete impairment of oxygen transport to tissues. A
reduction in the delivery of oxygen to tissues can result in permanent,
irreversible damage. Experimental studies show that only 2 kg (4.4
lbs.) of pressure on the neck may occlude the jugular vein (Brouardel,
1897); and 3-5 kg (7-11 lbs.) may occlude the common carotid arteries
(Brouardel, 1897 and Polson, 1973). Minimal compression of any of these
vessels can lead to unconsciousness within 15 seconds and death in 2 to
3 minutes (Digeronimo and Mayes, 1994; Hoff, 1978; lserson, 1984;
Polson, 1973).
The vagus nerve is also located in the neck near the jugular vein
and carotid artery. The vagus nerve is responsible for maintaining a
constant heart rate. Compression of the vagus nerve can result in
cardiac arrest due to mechanical stimulation of the carotid sinus-vagal
reflex. In addition, the functioning of the carotid sinuses may
[[Page 72878]]
be affected by compression of the blood vessels. Stimulation of the
sinuses can result in a decrease in heart rate, myocardial
contractility, cardiac output, and systemic arterial pressure in the
absence of airway blockage.
Strangulation proceeding along one or more of these pathways can
progress rapidly to anoxia, associated cardiac arrest, and death. As
seen in the CPSC data (Wanna-Nakamura, 2014), and in the published
literature, neurological damage may range from amnesia to a long-term
vegetative state. Continued deterioration of the nervous system can
lead to death (Howell and Gully, 1996; Medalia et al., 1991).
Because a loop acts as a noose when a child's neck is inserted, and
death can occur within 2-3 minutes of a child losing footing, CPSC
concludes that head insertion into a preexisting loop poses a higher
risk of injury than when a cord that does not contain a pre-existing
loop is wrapped around a child's neck; although both scenarios have
been demonstrated to be hazardous and have led to fatal outcomes,
according to CPSC data.
Based on the data, the Commission also concludes that reliance on
parental supervision and warning labels are inadequate to address the
risk of injury associated with window covering cords. A user research
study found that caregivers lacked awareness regarding the potential
for window covering cord entanglement, lacked awareness of the speed
and mechanism of the strangulation injury; stated difficulty using and
installing safety devices for window coverings, among the primary
reasons for not using them; and caregivers were unable to recognize the
purpose of the safety devices provided with window coverings (Levi et
al., 2016).\4\ According to Godfrey et al. (1983), consumers are less
likely to look for and read safety information about the products that
they frequently use and are familiar with. Consumers are very likely to
be familiar with window coverings because they almost certainly have
window coverings in their homes and probably use them daily. Therefore,
even well-designed warning labels will have limited effectiveness in
communicating the hazard on this type of product.
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\4\ https://cpsc.gov/s3fs-public/Window%20Coverings%20Safety%20Devices%20Contractor%20Reports.pdf.
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Based on the foregoing, the Commission finds that warning labels
are unlikely to effectively reduce the strangulation risk from
hazardous cords on window coverings, because consumers are not likely
to read and follow warning labels on window covering products, and
strangulation deaths among children occur quickly and silently, such
that parental supervision is insufficient to address the incidents.
Indeed, staff observed that most of the incident window covering units
had the permanent warning label required by the ANSI/WCMA standard,
applicable at the time of manufacture, affixed to the product. Even
well-designed warning labels will have limited effectiveness in
communicating the hazard on this type of product, because consumers are
less likely to heed warnings for familiar products that they commonly
interact with without incident.
In contrast, stock window covering requirements in the ANSI/WCMA
standard adequately address the strangulation hazard, by not allowing
hazardous cords on the product, by design, and do not rely on consumer
action to address the risk. Accordingly, the Commission concludes that
the risk of injury associated with window coverings must be addressed
through performance requirements for window covering cords.
As discussed in section II of this preamble, ANSI/WCMA-2018
contains performance requirements that, when products conform,
adequately and effectively address the risk of strangulation associated
with operating cords on stock products, and inner cords on both stock
and custom products.
E. Risk of Injury
The Commission's 2015 advance notice of proposed rulemaking (ANPR)
on Window Coverings presented incident data covering the period from
1996 through 2012. 80 FR 2327, 2332 (Jan. 16, 2015). Since then, WCMA
published the revised voluntary standard for window coverings, ANSI/
WCMA-2018. For products that comply, the standard has removed from the
market hazardous operating/pull cords and inner cords for stock window
coverings, and removed hazardous inner cords for custom window
coverings.
To study the effectiveness and any lack of compliance with the
voluntary standard associated with window covering cords, for the NPR,
CPSC staff reviewed the data related to these products from 2009
through 2020.\5\ Since extracting data for the NPR, CPSC received 15
additional incidents. Tab A of Staff's Final Rule Briefing Package
details this new incident data. For the final rule, we describe
incidents received from 2009 through 2021. The following analysis
distinguishes between stock and custom window coverings, whenever
feasible.
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\5\ CPSC's incident search focused on fatal and near-miss
strangulations suffered by young children due to window covering
cords. Whenever feasible, staff selected the time frame to be 2009
through 2021. CPSC staff searched three databases for identification
of window covering cord incidents: the Consumer Product Safety Risk
Management System (CPSRMS), the National Electronic Injury
Surveillance System (NEISS), and the Multiple Cause of Deaths data
file (further information can be found at https://wonder.cdc.gov/mcd-icd10.html). The first two sources are CPSC-maintained
databases. The Multiple Cause of Deaths data file is available from
the National Center for Health Statistics (NCHS).
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1. Incident Data From CPSC Databases
Based on newspaper clippings, consumer complaints, death
certificates purchased from states, medical examiners' reports, reports
from hospital emergency department-treated injuries, and in-depth
investigation reports, CPSC staff found a total of 209 reported fatal
and near-miss strangulations on window covering cords that occurred
among children 8 years old and younger from January 2009 through
December 2021. These 209 incidents do not necessarily include all
window covering cord-related strangulation incidents that occurred
during that period. However, these 209 incidents do provide a minimum
number for such incidents during that time frame.
Table 1a provides the breakdown of the incidents by year. Totals
include new incidents received after the NPR data analysis and are
noted in parentheticals below. Because reporting is ongoing and the
number of incidents may grow, and because these reports are anecdotal
and reporting is incomplete, CPSC strongly discourages drawing any
inferences based on the year-to-year increases or decreases shown in
the reported data.
[[Page 72879]]
Table 1a--Reported Fatal and Near-Miss Strangulation Incidents Involving Window Covering Cords Among Children
Eight Years and Younger 2009-2021
----------------------------------------------------------------------------------------------------------------
Number of reported incidents
---------------------------------------------------
Incident year Fatal Near-miss
Total strangulations strangulations
----------------------------------------------------------------------------------------------------------------
2009........................................................ 48 14 34
2010........................................................ 31 11 20
2011........................................................ 10 6 4
2012........................................................ 17 8 9
2013........................................................ 9 2 7
2014........................................................ 17 12 5
2015........................................................ 9 7 2
2016........................................................ 17 13 4
2017........................................................ 10 (1) 5 5 (1)
2018........................................................ 8 4 4
2019........................................................ 11 4 7
2020 *...................................................... 13 (5) 8 (5) 5
2021 *...................................................... 9 (9) 6 (6) 3 (3)
---------------------------------------------------
Total................................................... 209 (15) 100 (11) 109 (4)
----------------------------------------------------------------------------------------------------------------
Source: CPSC epidemiological databases CPSRMS and NEISS. Data in () indicate the number of new incidents
received since the NPR data analysis.
Note: * indicates data collection is ongoing.
Among the 15 newly reported incidents, staff identified 11 fatalities
(73 percent) and 4 non-hospitalized injuries (27 percent). The non-
hospitalized injuries resulted in lacerations and abrasions.
Table 1b expands on Table 1a to display the distribution of the
annual incidents by severity of incidents and type of window coverings
involved. CPSC staff identified 50 of 209 incident window coverings (24
percent) to be stock products, and 36 of the 209 (17 percent) window
coverings as custom products. CPSC staff could not identify the window
covering type in the remaining 123 of the 209 (59 percent) incidents;
65 of the 123 (53 percent) incidents involving an uncategorized window
covering resulted in a fatality.
Table 1b--Reported Fatal and Near-Miss Strangulation Incidents Involving Stock/Custom/Unknown Types of Window
Covering Cords Among Children Eight Years and Younger 2009-2021
----------------------------------------------------------------------------------------------------------------
Reported incidents by window covering type
------------------------------------------------------------------------
Incident year Stock (fatal/ Custom (fatal/ Unknown (fatal/
nonfatal) nonfatal) nonfatal) All
----------------------------------------------------------------------------------------------------------------
2009................................... 20 (4/16) 7 (\2/5\) 21 (8/13) 48
2010................................... 10 (\3/7\) 7 (\2/5\) 14 (\6/8\) 31
2011................................... 2 (\1/1\) 4 (\3/1\) 4 (\2/2\) 10
2012................................... 1 (\1/0\) 5 (\1/4\) 11 (\6/5\) 17
2013................................... 2 (\1/1\) 3 (\1/2\) 4 (\0/4\) 9
2014................................... 3 (\2/1\) 2 (\1/1\) 12 (\9/3\) 17
2015................................... 4 (\4/0\) 1 (\1/0\) 4 (\2/2\) 9
2016................................... 5 (\3/2\) 4 (\3/1\) 8 (\7/1\) 17
2017................................... 2 (\1/1\) 1 (\0/1\) 7 (\4/3\) 10
2018................................... .................. 1 (\0/1\) 7 (\4/3\) 8
2019................................... 1(\0/1\) .................. 10 (\4/6\) 11
2020 *................................. .................. 1 (\1/0\) 12 (\7/5\) 13
2021 *................................. .................. .................. 9 (\6/3\) 9
------------------------------------------------------------------------
Total.............................. 50 (20/30) 36 (15/21) 123 (65/58) 209
----------------------------------------------------------------------------------------------------------------
Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: * indicates data collection is ongoing.
One hundred of the 209 incidents (48 percent) reported a fatality.
Among the nonfatal incidents, 16 involved hospitalizations (8 percent).
The long-term outcomes of these 16 injuries varied from a scar around
the neck, to quadriplegia, to permanent brain damage. One additional
child was treated and transferred to another hospital; the final
outcome of this patient is unknown. In addition, 79 incidents (38
percent) involved less-severe injuries, some requiring medical
treatment, but not hospitalization. In the remaining 14 incidents (7
percent), a child became entangled in a window covering cord, but was
able to disentangle from the cord and escape injury. For the NPR, among
the incidents with gender information available, 66 percent of the
children were males, and 34 percent were females. One incident did not
report the child's gender. For the 15 new incidents staff found a
similar trend regarding gender; 62 percent of the victims were male and
38 percent were females.
Table 1c provides a breakdown of the incidents by window covering
type. Among the 11 newly reported deaths
[[Page 72880]]
since the NPR data analysis, staff definitively identified the cord
type in 6 deaths. Three deaths (27 percent) involved a pull cord, two
deaths (18 percent) involved a continuous loop, and one death (9
percent) involved inner cord(s); staff had insufficient information to
determine the cord type involved for the remaining five fatal
incidents.
Table 1c--Distribution of Reported Incidents by Types of Window Coverings and Associated Cords 2009-2021
[Numbers in parentheses indicate new reports received since NPR]
----------------------------------------------------------------------------------------------------------------
Cord type
--------------------------------------------------------------------------
Window covering type Pull Continuous Inner Lifting Tilt
cord loop cord loop cord Unknown Total
----------------------------------------------------------------------------------------------------------------
Horizontal........................... 68 (3) 2 4 (1) 0 5 10 89 (4)
Vertical............................. 0 12 (1) 0 0 0 0 12 (1)
Drapery.............................. 0 4 (1) 0 0 0 0 4 (1)
Roman................................ 2 2 19 0 0 1 24
Other *.............................. 2 5 0 0 0 0 7
Roll-Up.............................. 1 0 0 4 0 1 6
Roller............................... 0 9 0 0 0 0 9
Unknown.............................. 1 1 0 0 0 56 (9) 58 (9)
--------------------------------------------------------------------------
Total............................ 74 (3) 35 (2) 23 (1) 4 5 68 (9) 209 (15)
----------------------------------------------------------------------------------------------------------------
Source: CPSC epidemiological databases CPSRMS and NEISS.
Other *: This category includes cellular and pleated shades.
Subtotal [dagger]: This row shows the incidents that are relevant to the Section 7&9 rule.
2. Incident Data From National Estimates
(a) Estimates of Window Covering Cord-Related Strangulation Deaths
Using National Center for Health Statistics Data
The National Center for Health Statistics (NCHS) compiles all death
certificates filed in the United States into multiple-cause mortality
data files. The mortality data files contain demographic information on
the deceased, as well as codes to classify the underlying cause of
death, and up to 20 contributing conditions. The NCHS compiles the data
in accordance with the World Health Organization (WHO) instructions,
which request member nations to classify causes of death by the current
Manual of the International Statistical Classification of Diseases,
Injuries, and Causes of Death. Death classifications use the tenth
revision of the International Classification of Diseases (ICD),
implemented in 1999. For the NPR, 2019 was the latest available year
for NCHS data; since then, data for 2020 have become available.
Using the ICD10 code value of W76 (Other accidental hanging and
strangulation), the code most likely to capture strangulation
fatalities among children under 5 (based on empirical evidence from
death certificates maintained in CPSC databases), CPSC staff derived
fatality estimates for 2009 through 2020, presented in Figure 10 below.
An unknown proportion of strangulation deaths is likely coded under
ICD10=W75 (Accidental suffocation and strangulation in bed) as well as
ICD10=W83 (Other specified threats to breathing), which staff cannot
separate out from the non-strangulation deaths because of the
unavailability of any narrative description in these data. Hence,
CPSC's estimates of strangulation deaths are minimums.
A 2002 CPSC report by Marcy et al. \6\ concluded that 35 percent of
all strangulation fatalities among children less than 5 years old were
associated with window covering cords. Assuming that the same
proportion applied for the entire 12-year period 2009-2020, Figure 10
below presents the national estimates for all strangulation fatalities
as well as strangulations involving window covering cords among
children under 5.
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\6\ N. Marcy, G. Rutherford. ``Strangulations Involving Children
Under 5 Years Old.'' U.S. Consumer Product Safety Commission,
December 2002.
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[[Page 72881]]
[GRAPHIC] [TIFF OMITTED] TR28NO22.003
Based on the 2002 study, staff estimates the annual average number
of deaths at 8.1 (or 9, if rounded up to the nearest integer).\7\ We
note that this estimate is consistent with CPSC's actual incident data
over a 12-year period. For example, at the time of this final rule
analysis, the incidents over the 12-year period 2009-2020 report an
average of 7.8 (or 8, if rounded up to the nearest integer) annual
deaths involving window covering cords among children under 8.
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\7\ We received a comment critical of CPSC's use of this 2002
study. At this point in time, we are unaware of other data sources
that would provide information regarding a more current national
trend in window covering cord-related strangulations and the
commenter did not provide an alternate data source.
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F. Applicable Voluntary Standard--ANSI/WCMA-2018
WCMA updated the 2018 version the standard in May 2018, to include
missing balloted revisions. The standard went into effect on December
15, 2018. Since CPSC staff submitted the NPR Staff Briefing Package in
October 2021, WCMA held multiple meetings with the intent of revising
the ANSI/WCMA voluntary standard, balloting a revised version on July
15, 2022.\8\ The balloted standard is not in effect and does not modify
the provisions in the 2018 standard relevant to this rulemaking.
Accordingly, the final rule to amend part 1120 is based on ANSI/WCMA-
2018.
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\8\ CPSC staff participated in all meetings, and meeting logs
have been placed on the rulemaking docket for custom window
coverings (Docket No. CPSC-2013-0028).
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The 2018 voluntary standard segments the window covering market
between ``stock'' and ``custom'' window coverings, as defined in
section 3 of the standard, definitions 5.02 and 5.01. Per section 4.3.1
of the standard, stock window coverings are required to have:
(1) no operating cords (4.3.1.1),
(2) inaccessible operating cords (4.3.1.3), or
(3) short operating cords (equal to or less than 8 inches)
(4.3.1.2).
As reviewed in section II of this preamble, the Commission finds
that the requirements for operating cords on stock window coverings in
ANSI/WCMA-2018 adequately address the risk of strangulation to
children, by removing operating cords, ensuring that they are
inaccessible to children, or by making them too short to wrap around a
child's neck. Staff's review of the incident data found that if stock
window coverings had complied with the requirements in sections 4.3.1
of ANSI/WCMA-2018 at the time of the incident, all operating cord
incidents would have been prevented. See Tabs G and I of Staff's NPR
Briefing Package; Briefing Memorandum of Staff's Final Rule Briefing
Package (at page 36). However, as shown in Table 2, ANSI/WCMA-2018 does
not adequately address the risk of injury associated with custom window
coverings, because custom products can still be sold to consumers with
hazardous operating cords longer than 8 inches, if manufacturers give
consumers the option to custom order the products (sections 4.3.2.4
through 4.3.2.7 of ANSI/WCMA-2018).\9\ A hazardous operating cord is
one that a child can access, and that is long enough for a child to
either wrap around their neck (longer than 8 inches), or to insert
their head into a pre-formed loop.
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\9\ Although custom window coverings manufacturers can choose to
meet the operating cord requirements for stock window coverings
(sections 4.3.2.1 through 4.3.2.3), the standard does not require
them to do so. Instead, the standard allows firms to continue
manufacturing and selling custom window coverings that contain
hazardous operating cords (sections 4.3.2.4 through 4.3.2.7).
Because the ANSI/WCMA-2018 standard does not adequately address the
risk of injury from operating cords on custom products, this final
rule does not include them in the scope of the rule under section
15(j) of the CPSA. The Commission is addressing operating cords on
custom window coverings in a separate rulemaking under sections 7
and 9 of the CPSA; CPSC Docket No. CPSC-2013-0028.
---------------------------------------------------------------------------
The Commission also finds that section 4.5 of ANSI/WCMA adequately
addresses the strangulation risk associated with inner cords on both
stock and custom window coverings. ANSI/WCMA-2018 requires that if
inner cords are present on the product, the inner cords must be (1)
inaccessible, or (2) if cords are accessible, the loop created when
pulling the cord (with a maximum force of 5 pounds) cannot allow a head
probe to be inserted using a 10-pound force. Section II of this
preamble provides an analysis of the inner cord strangulation hazard on
stock and custom window coverings. Section 4.5 of the ANSI/WCMA-2018
standard adequately addresses the risk of injury associated with inner
cords on stock
[[Page 72882]]
and custom window coverings because, similar to operating cords on
stock products, inner cords must be not present, or must be
inaccessible, or, if inner cords are accessible, the cords must be too
short to create a loop large enough for a child to insert his or her
head. Staff's review of the incident data found that if stock and
custom window coverings had been in compliance with section 4.5 of
ANSI/WCMA-2018, all inner cord incidents would have been prevented on a
window covering that is unbroken and intact. Id.
Table 2 explains the requirements in in ANSI/WCMA-2018 for
operating cords, inner cords, and the manufacturer label, on stock and
custom window coverings. In the final rule, the Commission deems
failure to follow the provisions in requirements 1 through 5 an SPH,
while the Commission addresses the inadequate provisions in
requirements 6 through 8 in the final rule for operating cords on
custom window coverings under CPSC Docket No. CPSC-2013-0028.
Table 2--Requirements for Stock and Custom Products in ANSI/WCMA-2018
----------------------------------------------------------------------------------------------------------------
Performance requirements in ANSI/ Assessment of the performance
WCMA A100.1-2018 requirement Stock products Custom products
----------------------------------------------------------------------------------------------------------------
1. No operating cords OR........... Adequate..................... Required to have one Allowed/Not Required.
or more of these
options.
2. Short cord with a length equal
to or less than 8 inches in any
state (free or under tension) OR
3. Inaccessible operating cords.
4. Inner cords that meet Appendix C Adequate..................... Required............. Required.
and D.
5. Manufacturer Label that meets Adequate..................... Required............. Required.
section 5.3.
6. Single Retractable Cord Lift Inadequate................... Prohibited........... Allowed/
System (no limit on length of Not Prohibited.
exposed cord when operating).
7. Continuous Loop Operating
System.
8. Accessible Operating Cords
longer than 8 inches.
----------------------------------------------------------------------------------------------------------------
G. Commission Efforts To Address Hazardous Window Covering Cords
1. Petition and Rulemaking
On October 8, 2014, the Commission granted a petition to initiate a
rulemaking to develop a mandatory safety standard for window
coverings.\10\ The petition asked CPSC to prohibit window covering
cords when a feasible cordless alternative exists. When a feasible
cordless alternative does not exist, the petition requested that all
window covering cords be made inaccessible by using passive guarding
devices. The Commission granted the petition and directed staff to
prepare an ANPR to seek information and comment on regulatory options
for a mandatory rule to address the risk of strangulation to young
children on window covering cords.
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\10\ The petition, CP 13-2, was submitted by Parents for Window
Blind Safety, Consumer Federation of America, Consumers Union, Kids
In Danger, Public Citizen, U.S. PIRG, Independent Safety Consulting,
Safety Behavior Analysis, Inc., and Onder, Shelton, O'Leary &
Peterson, LLC. Staff's October 1, 2014 Petition Briefing Package,
and a copy of the petition at Tab A, is available on CPSC's website
at: https://cpsc-d8-media-prod.s3.amazonaws.com/s3fs-public/pdfs/foia_PetitionRequestingMandatoryStandardforCordedWindowCoverings.pdf.
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On January 9, 2015, the Commission voted to approve publication in
the Federal Register of the ANPR for corded window coverings, with
changes. The Commission published the ANPR for corded window covering
products on January 16, 2015 (80 FR 2327). The ANPR initiated a
rulemaking proceeding under the CPSA. CPSC invited comments concerning
the risk of injury associated with corded window coverings, the
regulatory alternatives discussed in the notice, the costs to achieve
each regulatory alternative, the effect of each alternative on the
safety, cost, utility, and availability of window coverings, and other
possible ways to address the risk of strangulation posed to young
children by window covering cords. CPSC also invited interested persons
to submit an existing standard or a statement of intent to modify or
develop a voluntary standard to address the risk of injury. The ANPR
was based on the 2014 version of the ANSI/WCMA standard.
As described in section II.F of this preamble, the voluntary
standard, ANSI/WCMA-2018, adequately addresses the risk of injury from
operating and inner cords on stock window coverings, and the risk of
inner cord strangulation on custom window coverings. Accordingly, the
Commission is issuing two final rules: (1) this final rule under
section 15(j) of the CPSA, to deem as SPHs, stock window coverings that
do not comply with one or more of three readily observable
characteristics, and custom window coverings that do not comply with
one or more of two readily observable characteristics; and (2) in a
separate rulemaking under sections 7 and 9 of the CPSA, a final rule
that requires that custom window coverings manufactured for sale in the
United States not contain hazardous operating cords, by complying with
the same operating cord requirements as stock products in section 4.3.1
of ANSI/WCMA-2018, or by making an accessible cord non-hazardous, as
described in the final rule.\11\
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\11\ The custom window covering final rule provides several
methods for window covering manufacturers to produce safe window
covering options: cordless, short cords 8 inches or less,
inaccessible cords (cord shrouds or retractable cords with a 12-inch
stroke length), and continuous loops contained within a cord or bead
restraining device that meets the requirements of the final rule.
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2. Window Covering Recalls
As reported in the NPR, during the period January 1, 2009 through
December 31, 2020, CPSC conducted 42 consumer-level recalls, including
two recall reannouncements. 87 FR at 901. Tab C of Staff's NPR Briefing
Package provides the details of these 42 recalls, where strangulation
was the primary hazard. Manufacturers recalled more than 28 million
units,\12\ including: Roman shades and blinds, roll-up blinds, roller
shades, cellular shades, horizontal blinds, and vertical blinds. The
recalled products also included stock products, which can be purchased
by consumers off-the-shelf, and custom products, which are made-to-
order window coverings based on a consumer's specifications, such as
material, size, and color. Recalled units did not comply with the
current voluntary standard, ANSI/WCMA-2018. CPSC has not conducted any
window
[[Page 72883]]
covering recalls since December 31, 2020.
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\12\ This estimate does not include the recalled units of Recall
No. 10-073. This was an industry-wide recall conducted by members of
the Window Covering Safety Council (WCSC). The recall announcement
did not provide an exact number of recalled products.
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H. Comments on the NPR
CPSC received three comments on the section 15(j) rule during the
comment period, and two comments before the comment period began. All
comments generally supported the 15(j) rule and have been placed on the
docket for this rule. Commenters include WCMA (two comments),\13\
Consumer Federation of America, Consumer Reports, and Parents for
Window Blind Safety. Based on staff's assessment of the ANSI/WCMA-2018
standard and all comments in support of the rule, the Commission
finalizes this rule as proposed.
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\13\ WCMA also submitted its comments on the proposed rule for
operating cords on custom window coverings (Docket CPSC-2013-0028)
on the docket for this final rule under section 15(j) of the CPSA.
Those comments are not generally relevant to the determinations
required for a section 15(j) final rule (readily observable product
characteristics are adequately addressed in a voluntary standard,
and products substantially comply with the voluntary standard), and
so the Commission addresses WCMA's comments in the final rule for
custom window coverings.
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II. Commission Determination of a Substantial Product Hazard
Sections 4.3.1, 4.5, 5.3, 6.3, 6.7, and Appendices C and D of ANSI/
WCMA-2018 set forth the performance requirements for the identified
readily observable characteristics of stock and custom window coverings
specified in the final rule. Table 3 summarizes these requirements. The
final rule deems nonconformance to one or more of the identified
readily observable characteristics of stock and custom window coverings
in ANSI/WCMA-2018 to be an SPH under section 15(a)(2) of the CPSA.
Table 3--Readily Observable Characteristics in ANSI/WCMA-2018 for Stock
and Custom Window Coverings
------------------------------------------------------------------------
Readily
Stock window coverings section observable Criterion
of the standard characteristics
------------------------------------------------------------------------
A. Operating cord
------------------------------------------------------------------------
4.3.1.1 Cordless Operating Presence of the (a) Not present or
System: ``The product shall operating cord.
have no operating cords''.
4.3.1.2 Short Static or Access If present, (b) 8 inches or
Cords: ``The product shall measure the shorter or
have a Short Cord''. length in any
position of the
window covering.
4.3.1.3 Inaccessible Operating If present and (c) Inaccessible
Cords: ``The operating cords longer than 8 using cord
shall be inaccessible as inches, observe accessibility probe.
determined per the test whether
requirements in Appendix C: accessible.
Test Procedure for Accessible
Cords''.
------------------------------------------------------------------------
B. Inner cord
------------------------------------------------------------------------
4.5 Inner Cords: ``All If present, (a) Inaccessible
products with inner cords determine using cord
must meet the requirements in whether accessibility probe
Appendix C and Appendix D.'' accessible. or
Appendix C. Test Procedure
for Accessible Cords.
Appendix D. Hazardous Loop If present, (b) Pull inner cord
Test Procedure. determine and measure to
whether a determine whether
child's head can the opening is less
penetrate the than 17 inches. For
opening. 15(j) purposes, this
is comparable to
inserting a head
probe with a force
of 10 pounds.
------------------------------------------------------------------------
C. Manufacturer label
------------------------------------------------------------------------
5.3 Manufacturer Label: There Presence of a Observe whether the
shall be a permanent label(s) permanent label label is present and
or marking on all finished or marking contains the
window covering products. within or on the following:
headrail or on (a) The name, city,
the roller tube. and state of the
manufacturer/
importer/fabricator.
(b) Month and year of
manufacture.
(c) Designation of
window covering as
``Custom'' or
``Stock.''
------------------------------------------------------------------------
A. Defined Characteristics Are Readily Observable
1. Operating Cords on Stock Window Coverings
Section 4.3.1 of ANSI/WCMA-2018 requires the operating cords of
stock window coverings to be: (1) not present (cordless) (section
4.3.1.1); (2) inaccessible (section 4.3.1.3); or (3) eight inches long
or shorter in any position of the stock window covering (section
4.3.1.2). The Commission determines that these characteristics of
operating cords on stock window coverings are ``readily observable''
because, as explained in the NPR, they require visual observation and
measurement to assess conformance with sections 4.3.1.1 through 4.3.1.4
of ANSI/WCMA-2018. 87 FR at 902-04. Additionally, the Commission deems
the presence of an accessible operating cord longer than 8 inches in
any position an SPH, because a child can wrap a cord or looped cord
longer than 8 inches around his or her neck, and the child could
strangle on the long cord.
2. Inner Cords on Stock and Custom Window Coverings
If a stock window covering conforms to the readily observable
operating cord requirements in section 4.3.1 of ANSI/WCMA-2018, a CPSC
investigator would then observe whether the window covering has
hazardous inner cords, as set forth in section 4.5, 6.3, 6.7, and
Appendices C and D, of ANSI/WCMA-2018. Investigators would also assess
whether a custom window product contains a hazardous inner cord. ANSI/
WCMA-18 requires that inner cords on stock and custom window coverings
be: (1) not present (cordless); (2) inaccessible; or (3) short enough
not to create a loop large enough for a child to insert their head. The
Commission determines that these characteristics of inner cords on
stock and custom window coverings are ``readily observable'' because,
as detailed in the NPR, they require visual observation and direct
measurements of the product to assess conformance with sections 4.5,
6.3, 6.7, Appendix C, and Appendix D of ANSI/WCMA-2018. 87 FR at 904-
08. The Commission deems the presence of an accessible inner cord on
stock and custom window coverings that creates a loop large enough for
a child to insert his or her head when tested per sections 4.5, 6.3,
6.7, and
[[Page 72884]]
Appendices C and D of ANSI/WCM-2018 to be an SPH, because a child can
strangle on a noncompliant inner cord loop.
3. Manufacturer Label on Stock and Custom Window Coverings
Section 5.3 of ANSI/WCMA-2018 requires that stock and custom window
coverings display a permanent label on the headrail (or roller tube) of
a window covering, with the following information:
the readily distinguishable name, city, and state of the
manufacturer/importer/fabricator;
the month and year of manufacture;
the designation of the window covering as ``Custom'' or
``Stock.''
The Commission determines, as proposed in the NPR, that the absence
of a manufacturer label is readily observable with a visual observation
of the window covering. 87 FR at 908. The Commission deems the absence
of a manufacturer label on a window covering an SPH, because the window
covering would not be in compliance with section 5.3 of ANSI/WCMA-2018.
Additionally, the absence of this manufacturer label makes it difficult
for staff, manufacturers, and consumers to identify the product and
class of products subject to a recall, and to distinguish stock from
custom window coverings. More than 28 million window covering units
have been subject to a recall. Product information that aids a recall
is necessary to affect and expedite recalls, especially in cases where
a consumer, such as a renter, did not directly purchase the window
coverings and is reliant on the manufacturer label for product
information.
B. Window Coverings That Conform to ANSI/WCMA-2018 Are Effective at
Reducing the Risk of Injury Associated With the Identified Readily
Observable Characteristics
Based on CPSC staff's analysis, the Commission determines that
stock window coverings that comply with section 4.3.1 of the 2018
version of the ANSI/WCMA standard effectively eliminate or
significantly reduce the risk of strangulation from operating cords, by
removing operating cords, making operating cords inaccessible to
children, or by ensuring that operating cords are not long enough for a
child to wrap around his or her neck. See Tabs G and I of Staff's NPR
Briefing Package; Briefing Memorandum of Staff's Final Rule Briefing
Package (at page 36). Staff's review of the incident data found that if
stock window coverings had complied with the requirements in sections
4.3.1 of ANSI/WCMA-2018 at the time of the incident, all operating cord
incidents would have been prevented. Id. Even though the requirements
in the 2018 standard, when followed, should lead to safe stock window
coverings, the Commission acknowledges that it will take approximately
2 decades, for existing window coverings in consumers' homes to be
replaced.\14\
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\14\ For window coverings manufactured before the effective date
of the voluntary standard, the Window Covering Safety Council (WCSC)
distributes safety devices through its website, and during October
safety month, CPSC and WCSC have promoted safe window coverings, and
offer guidance on what to do to reduce the strangulation hazard.
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Based on staff's assessment, the Commission also determines that
stock and custom window coverings that comply with the inner cord
requirements in sections 4.5, 6.3, 6.7, and Appendices C and D of ANSI/
WCMA-2018 effectively eliminate or reduce the strangulation risk to
children from hazardous inner cords. Id. Like the operating cord
requirements for stock window coverings, the inner cord requirements
eliminate hazardous cords, by removing them from the product, shrouding
inner cords to make them inaccessible to children, or ensuring that if
a child pulls on an inner cord, the loop created is not large enough
for a child to insert his or her head. Staff's review of the incident
data found that if stock and custom window coverings had been in
compliance with section 4.5 of ANSI/WCMA-2018, all inner cord incidents
would have been prevented on a window covering that is unbroken and
intact. Id.
Finally, the Commission determines that stock and custom window
coverings that comply with section 5.3 of ANSI/WCMA-2018, by displaying
the required manufacturer label, are effective at reducing the risk of
injury, by identifying whether a product is stock or custom, and by
identifying the manufacturer and the manufacture date of the products.
This information allows CPSC, manufacturers, and consumers to
differentiate stock products from custom products, and it also aids in
expediting timely and effective recalls. See Tab D of Staff's NPR
Briefing Package.
C. Window Coverings Substantially Comply With the Identified Readily
Observable Characteristics of Window Coverings
The Commission has several bases to determine that stock window
coverings substantially comply with the requirements for operating
cords in ANSI/WCMA-2018. First, WCMA, the trade association for window
coverings and the body that created the voluntary standard, stated in a
comment on the ANPR (comment ID: CPSC_2013-0028-1555) that there has
been substantial compliance with the voluntary standard since its first
publication. WCMA also stated that the association's message to
manufacturers is that, to sell window coverings in the United States,
compliance with the standard is mandatory.
Additionally, the Commission instructed the staff to investigate
the level of compliance of window coverings with the voluntary
standard. CPSC contracted with D+R International, which interviewed
window covering manufacturers and component manufacturers to collect
anecdotal information on the distribution of stock and custom product
sales and the impact of compliance with the voluntary standard (D+R
International, 2021). Various manufacturers indicated retail customers
would not stock noncompliant products. Manufacturers are also aware of
their customers' procedures, and they would not ship to them, if there
were concerns about the assembly and installation process. The D+R
report indicates that the voluntary standard has caused U.S. window
covering manufacturers to design and offer cordless lift operations for
most stock window covering categories. All manufacturers interviewed
were aware of the standard and had implemented compliance in all stages
of their development process, from product design to fabrication.
CPSC field staff also confirmed compliance of the categorization
for ``stock'' and ``custom'' window coverings, as defined in the ANSI/
WCMA standard. CPSC field staff conducted unannounced in-store visits
to 18 firms, comprising wholesalers, manufacturers, and retailers.
Window coverings in 13 locations demonstrated compliance with the
voluntary standard for operating cords for stock and custom products.
However, in four locations, staff observed noncompliance of custom
window coverings with the ANSI/WCMA standard, primarily for
characteristics that are not subject to this rule, including:
deviations from the default options with no specific customer request
that justified the deviation (e.g., length of operating cords 40
percent longer than the window covering length and use of a cord tilt,
instead of a wand tilt,); lack of warning label; lack of manufacturer
label; and lack of hang tag. Staff found one location with a
noncomplying stock window covering. This stock window
[[Page 72885]]
covering was being sold with long beaded-cord loops in various sizes.
Tab E of Staff's NPR Briefing Package contains a more detailed
description of staff's assessment of substantial compliance with the
voluntary standard.
Finally, CPSC technical staff tested custom product samples, using
test parameters defined in ANSI/WCMA-2018, with a cord accessibility
probe and force gauge. The samples tested by staff also indicated a
high level of conformance in custom products regarding inner cord
accessibility.
Based on incident data, WCMA's statements, contractor report
findings, and staff's examination and testing of window covering
products, the Commission determines that a substantial majority of
window coverings sold in the United States comply with the readily
observable safety characteristics identified in ANSI/WCMA-2018, as
described in Table 3.
III. Description of the Final Rule
The final rule adds several new paragraphs in part 1120. The final
rule includes two new definitions in Sec. 1120.2(f) and (g), which
define ``stock window covering'' and ``custom window covering''
consistent with the definitions in section 3 of ANSI/WCMA-2018,
definitions 5.02 and 5.01, respectively. The final rule defines a
``stock window covering'' as a product that is ``completely or
substantially fabricated'' prior to being distributed in commerce and
is a stock-keeping unit (SKU). The definition further explains that
even when a seller, manufacturer, or distributor modifies a pre-
assembled product by, for example, adjusting the size, attaching a top
rail or bottom rail, or tying cords to secure the bottom rail, the
product is still considered ``stock.'' Additionally, the definition
clarifies that online sales of the product, or the quantity of an
order, such as a large quantity for a multifamily housing unit, do not
make the product a non-stock product. The final rule defines a ``custom
window covering'' as any window covering that is not classified as a
stock window covering.
Section 1120.3 of the final rule lists substantial product hazards
by product, identifying the readily observable characteristics of each
product, and the sections of the voluntary standards that address each
hazard. The final rule modifies Sec. 1120.3 by adding ``stock window
coverings'' and ``custom window coverings'' as Sec. 1120.3(e) and (f),
respectively. Section 1120.3(e) of the final rule deems stock window
coverings that fail to comply with one or more of three readily
observable characteristics in ANSI/WCMA-2018 an SPH:
(1) Operating cord requirements in sections 4.3.1.1 (cordless
operating system), 4.3.1.2 (short static or access cord), or 4.3.1.3
(inaccessible operating cord);
(2) Inner cord requirements in sections 4.5, 6.3, 6.7, Appendix C,
and Appendix D; and
(3) On-product manufacturer label in section 5.3.
Additionally, Sec. 1120.3(f) of the final rule deems custom window
coverings that fail to comply with one or more of two readily
observable characteristics in ANSI/WCMA-2018 an SPH:
(1) Inner cord requirements in section 4.5, 6.3, 6.7, Appendix C,
and Appendix D; and
(2) On-product manufacturer label in section 5.3.
These characteristics and the ANSI/WCMA-2018 requirements are
explained in more detail in section II, and Tables 2 and 3, of this
preamble.
Finally, the final rule adds Sec. 1120.4(d), which provides the
incorporation by reference details for the ANSI/WCMA standard.
IV. Effect of the Final Rule Under Section 15(j) of the CPSA
Section 15(j) of the CPSA allows the Commission to issue a rule
specifying that a consumer product or class of consumer products has
characteristics whose presence or absence creates a substantial product
hazard. A rule under section 15(j) of the CPSA is not a consumer
product safety rule, and thus, would not trigger the statutory
requirements of a consumer product safety rule. For example, a rule
under section 15(j) of the CPSA does not trigger the testing or
certification requirements under section 14(a) of the CPSA.
Although a rule issued under section 15(j) of the CPSA is not a
consumer product safety rule, a product that is or has an SPH listed in
16 CFR part 1120 is subject to the reporting requirements of section
15(b) of the CPSA, 15 U.S.C. 2064(b). A manufacturer, importer,
distributor, or retailer that fails to report an SPH to the Commission
is subject to civil penalties under section 20 of the CPSA, 15 U.S.C.
2069, and is possibly subject to criminal penalties under section 21 of
the CPSA, 15 U.S.C. 2070.
A product that is or contains an SPH may also be subject to
voluntary corrective action or mandatory corrective action under
sections 15(c) and (d) of the CPSA, 15 U.S.C. 2064(c) and (d). Thus, by
issuing a final rule under section 15(j) for stock and custom window
coverings, the Commission can order the manufacturer, importer,
distributor, or retailer of window coverings that do not conform to one
or more of the identified readily observable characteristics to offer
to repair or replace the product or to refund the purchase price to the
consumer.
A product that is offered for import into the United States and is
or contains an SPH shall be refused admission into the United States
under section 17(a) of the CPSA, 15 U.S.C. 2066(a). Additionally,
Customs and Border Protection (CBP) has the authority to seize certain
products offered for import under the Tariff Act of 1930 (19 U.S.C.
1595a)(Tariff Act), and to assess civil penalties that CBP, by law, is
authorized to impose. Section 1595a(c)(2)(A) of the Tariff Act states
that CBP may seize merchandise, and such merchandise may be forfeited
if: ``its importation or entry is subject to any restriction or
prohibition which is imposed by law relating to health, safety, or
conservation and the merchandise is not in compliance with the
applicable rule, regulation, or statute.'' Thus, pursuant to the final
rule, stock and custom window coverings that violate the rule are
subject to CBP seizure and forfeiture.
V. Regulatory Flexibility Act Analysis
The Regulatory Flexibility Act (RFA) requires that proposed and
final rules be reviewed for the potential economic impact on small
entities, including small businesses. 5 U.S.C. 601-612. In the NPR, the
Commission stated that the economic effect of the rule on all entities
will be minimal, and that absent public comment with relevant
information and evidence to the contrary, the Commission intended to
certify at the final rule stage that the rule will not have a
significant economic impact on a substantial number of small entities.
87 FR at 910-11. The Commission received no comments on the RFA
analysis presented in the NPR, and we have not found any data that
would alter that analysis. See Tab E of Staff's Final Rule Briefing
Package. Accordingly, for the final rule, the Commission certifies that
the rule will not have a significant impact on a substantial number of
small businesses.
VI. Environmental Considerations
Generally, the Commission's regulations are considered to have
little or no potential for affecting the human environment, and
environmental assessments and impact statements are not usually
required. See 16 CFR 1021.5(a). The final rule to deem stock and custom
window covering cords that do not comply with the identified
[[Page 72886]]
readily observable characteristics to be an SPH is not expected to have
an adverse impact on the environment, and falls within the
``categorical exclusion'' for the purposes of the National
Environmental Policy Act. 16 CFR 1021.5(c).
VII. Paperwork Reduction Act
Under the Office of Management and Budget's (OMB) regulations (5
CFR 1320.3(b)(2)), the time, effort, and financial resources necessary
to comply with a collection of information that would be incurred by
persons in the ``normal course of their activities'' are excluded from
a burden estimate, where an agency demonstrates that the disclosure
activities required to comply are ``usual and customary.'' In the NPR,
CPSC explained staff's assessment that more than 90 percent of the
window covering market already complies with the voluntary standard,
including the requirement in section 5.3 of ANSI/WCMA-2018 to place a
manufacturer label on each window covering. CPSC received no comments
on the burden estimate. For the final rule, CPSC will not establish an
information collection under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3521), because the cost and burden of the label required in
section 5.3 of ANSI/WCMA-2018 is incurred by window covering
manufacturers in the ``normal course of their activities'' and are thus
excluded from the burden estimate because compliance is ``usual and
customary.''
VIII. Preemption
The final rule under section 15(j) of the CPSA does not establish a
consumer product safety rule. Accordingly, the preemption provisions in
section 26(a) of the CPSA, 15 U.S.C. 2075(a), do not apply to this
rule.
IX. Effective Date
The Administrative Procedure Act (APA) generally requires that the
effective date of a rule be at least 30 days after publication of a
final rule. 5 U.S.C. 553(d). In the NPR, the Commission proposed that
any stock or custom window coverings that did not conform to the
specified sections of ANSI/WCMA A100.1--2018 (summarized in Table 3),
be deemed an SPH effective 30 days after publication of a final rule in
the Federal Register. We received no comments on the effective date.
Accordingly, the final rule will apply to all stock and custom window
coverings that do not comply with the readily observable
characteristics of ANSI/WCMA-2018, as specified in Table 3 of this
preamble, that are distributed in commerce or imported on or after
December 28, 2022.
X. Incorporation by Reference
The Commission incorporates by reference certain provisions of
ANSI/WCMA A100.1--2018, American National Standard for Safety of Corded
Window Covering Products. The Office of the Federal Register (OFR) has
regulations concerning incorporation by reference. 1 CFR part 51. The
OFR's regulations require that, for a final rule, agencies must
discuss, in the preamble of the rule, ways that the materials the
agency incorporates by reference are reasonably available to interested
persons and how interested parties can obtain the materials. In
addition, the preamble of the rule must summarize the material. 1 CFR
51.5(b).
In accordance with the OFR's requirements, sections I.F, II.A, and
Table 3 of this preamble summarize the provisions of ANSI/WCMA A100.1--
2018 that the Commission is incorporating by reference. ANSI/WCMA
A100.1--2018 is copyrighted. You can view a read-only copy of ANSI/WCMA
A100.1--2018 at: https://wcmanet.com/wp-content/uploads/2021/07/WCMA-A100-2018_v2_websitePDF.pdf. To download or print the standard,
interested persons can purchase a copy of ANSI/WCMA A100.1--2018 from
WCMA, through its website (https://wcmanet.com), or by mail from the
Window Covering Manufacturers Association, Inc., 355 Lexington Avenue,
New York, NY 10017; telephone: 212.297.2122. Alternatively, interested
parties may inspect a copy of the standard free of charge by contacting
Alberta E. Mills, Office of the Secretary, U.S. Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: 301-
504-7479; email: [email protected].
XI. Congressional Review Act
The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that,
before a rule may take effect, the agency issuing the rule must submit
the rule, and certain related information, to each House of Congress
and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must
indicate whether the rule is a ``major rule.'' The CRA states that the
Office of Information and Regulatory Affairs (``OIRA'') determines
whether a rule qualifies as a ``major rule.'' Pursuant to the CRA, OIRA
designated this rule as not a ``major rule,'' as defined in 5 U.S.C.
804(2). To comply with the CRA, CPSC will submit the required
information to each House of Congress and the Comptroller General.
List of Subjects in 16 CFR Part 1120
Administrative practice and procedure, Clothing, Consumer
protection, Cord sets, Extension cords, Household appliances, Lighting,
Window Coverings, Cords, Infants and children, Imports, Incorporation
by reference.
For the reasons stated above, and under the authority of 15 U.S.C.
2064(j), 5 U.S.C. 553, and section 3 of Public Law 110-314, 122 Stat.
3016 (August 14, 2008), the Consumer Product Safety Commission amends
16 CFR part 1120 as follows:
PART 1120--SUBSTANTIAL PRODUCT HAZARD LIST
0
1. The authority citation for part 1120 continues to read as follows:
Authority: 15 U.S.C. 2064(j).
0
2. In Sec. 1120.2, add paragraphs (f) and (g) to read as follows:
Sec. 1120.2 Definitions.
* * * * *
(f) Stock window covering (also known as a stock blind, shade, or
shading) has the same meaning as defined in section 3, definition 5.02,
of ANSI/WCMA A100.1--2018 (incorporated by reference; see Sec.
1120.4), as a window covering that is completely or substantially
fabricated prior to being distributed in commerce and is a specific
stock-keeping unit (SKU). Even when the seller, manufacturer, or
distributor modifies a pre-assembled product by adjusting to size,
attaching the top rail or bottom rail, or tying cords to secure the
bottom rail, the product is still considered stock. Online sales of the
product or the size of the order such as multi-family housing do not
make the product a non-stock product. These examples are provided in
ANSI/WCMA A100.1--2018 (incorporated by reference; see Sec. 1120.4) to
clarify that as long as the product is ``substantially fabricated''
prior to distribution in commerce, subsequent changes to the product do
not change its categorization.
(g) Custom window covering (also known as a custom blind, shade, or
shading) has the same meaning as defined in section 3, definition 5.01,
of ANSI/WCMA A100.1--2018 (incorporated by reference; see Sec.
1120.4), as a window covering that does not meet the definition of a
stock window covering.
0
3. In Sec. 1120.3, add paragraphs (e) and (f) to read as follows:
[[Page 72887]]
Sec. 1120.3 Products deemed to be substantial product hazards.
* * * * *
(e) Stock window coverings that fail to comply with one or more of
the following requirements of ANSI/WCMA A100.1--2018 (incorporated by
reference; see Sec. 1120.4):
(1) Operating cord requirements in section 4.3.1: section 4.3.1.1
(cordless operating system), 4.3.1.2 (short static or access cord), or
4.3.1.3 (inaccessible operating cord);
(2) Inner cord requirements in sections 4.5, 6.3, 6.7, and
Appendices C and D; and
(3) On-product manufacturer label requirement in section 5.3.
(f) Custom window coverings that fail to comply with one or more of
the following requirements of ANSI/WCMA A100.1--2018 (incorporated by
reference; see Sec. 1120.4):
(1) Inner cord requirements in sections 4.5, 6.3, 6.7, and
Appendices C and D; and
(2) On-product manufacturer label in section 5.3.
0
4. In Sec. 1120.4, add paragraph (d) to read as follows:
Sec. 1120.4 Standards incorporated by reference.
* * * * *
(d) Window Covering Manufacturers Association, Inc., 355 Lexington
Avenue, New York, New York 10017. Telephone: 212.297.2122. https://wcmanet.com.
(1) ANSI/WCMA A100.1--2018. American National Standard For Safety
Of Corded Window Covering Products, approved January 8, 2018. IBR
approved for Sec. Sec. 1120.2 and 1120.3.
(2) [Reserved]
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-25040 Filed 11-25-22; 8:45 am]
BILLING CODE 6355-01-P
