Safety Standard for Automatic Residential Garage Door Operators, 18538-18540 [2024-05281]

Download as PDF 18538 Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / Rules and Regulations manifest of all payload contents and compositions, including those of all hosted payloads. James A. Hatt, Space Policy Division Manager, Office of Commercial Space Transportation. [FR Doc. 2024–05384 Filed 3–13–24; 8:45 am] BILLING CODE P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1211 [Docket No. CPSC–2015–0025] Safety Standard for Automatic Residential Garage Door Operators U.S. Consumer Product Safety Commission. ACTION: Direct final rule. AGENCY: In June 2023, the Consumer Product Safety Commission (Commission or CPSC) under the Consumer Product Safety Improvement Act of 1990 (Improvement Act) approved changes to the entrapment protection provisions in UL standard UL 325 for inclusion in the Commission’s safety regulation for automatic residential garage door operators. This direct final rule is amending the Commission’s automatic residential garage door operators regulation to reflect these changes. DATES: The rule is effective on May 13, 2024, unless we receive significant adverse comments by April 15, 2024. If we receive timely significant adverse comments, we will publish a notification in the Federal Register withdrawing this direct final rule before its effective date. ADDRESSES: You can submit comments, identified by Docket No. CPSC–2015– 0025, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: www.regulations.gov. Follow the instructions for submitting comments. Do not submit through this website: confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. CPSC typically does not accept comments submitted by email, except as described below. Mail/Hand Delivery/Courier/ Confidential Written Submissions: CPSC encourages you to submit electronic comments by using the Federal eRulemaking Portal. You may, however, submit comments by mail, hand delivery, or courier to: Office of the ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 15:56 Mar 13, 2024 Jkt 262001 Secretary, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone: (301) 504–7479. If you wish to submit confidential business information, trade secret information, or other sensitive or protected information that you do not want available to the public, you may submit such comments by mail, hand delivery, courier, or you may email them to: cpsc-os@cpsc.gov. Instructions: All submissions must include the agency name and docket number. CPSC may post all comments without change, including any personal identifiers, contact information, or other personal information provided, to: www.regulations.gov. Do not submit to this website: confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If you wish to submit such information, please submit it according to the instructions for mail/hand delivery/courier/confidential written submissions. Docket: For access to the docket to read background documents or comments received, go to: www.regulations.gov, and insert the docket number, CPSC–2015–0025, into the ‘‘Search’’ box, and follow the prompts. Will Cusey, Small Business Ombudsman, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7945 or (888) 531–9070; email: sbo@cpsc.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background Section 203(a) and (b) of the Improvement Act, Public Law 101–608, states that the entrapment protection requirements of UL 325, ‘‘Standard for Safety for Door, Drapery, Gate, Louver, and Window Operators and Systems’’, are considered a consumer product safety rule under the Consumer Product Safety Act (CPSA). 15 U.S.C. 2056 Note. On June 19, 1991, as mandated by the Improvement Act, the Commission issued a final rule codifying the provisions of the entrapment protection requirements of UL 325 at 16 CFR part 1211. 56 FR 28050. On December 21, 1992, as directed in section 203(b) of the Improvement Act, the Commission published a final rule to include the additional entrapment protection provisions adopted by UL in UL 325 in the CPSC mandatory standard for automatic residential garage door operators. 57 FR 60449. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Section 203(c) of the Improvement Act requires UL to notify CPSC of any revisions to UL 325, which is the basis for the Commission’s garage door operator (GDO) regulation. When UL notifies the Commission of a revision, that revision ‘‘shall be incorporated in the consumer product safety rule . . . unless, within 30 days of such notice, the Commission notifies [UL] that the Commission has determined that such revision does not carry out the purposes of subsection (b)’’ of section 203 of the Improvement Act, which initially mandated the UL 325 entrapment protection requirements.’’ As provided in the Improvement Act, the Commission has revised the GDO standard several times in the past after UL notified the Commission of changes to the entrapment protection requirements of UL 325. The Commission last updated the GDO rule in 2018, to reflect changes made to the entrapment protection provisions of UL 325 up to that time. 83 FR 32566. (July 13, 2018). On May 19, 2023, UL notified the Commission of revisions to UL 325 regarding the entrapment protection provisions related to residential garage door operators. On June 13, 2023, the Commission voted to approve the relevant revisions to UL 325 regarding the entrapment protection requirements for automatic residential GDOs for inclusion in the Commission’s mandatory regulation, in accordance with the procedure in the Improvement Act.1 In order to implement the Commission’s June 2023 vote to include the accepted revisions to UL 325 for residential GDOs in the Commission mandatory standard, this direct final rule revises the provisions of the GDO rule at 16 CFR part 1211 to reflect the Commission’s earlier acceptance of the revisions for the entrapment protection requirements for automatic residential GDOs in UL 325, Seventh Edition.2 II. Changes to UL 325 Since the last update of the mandatory GDO regulation in 2018, there have been three published revisions to UL 325: UL 325 revision, Seventh Edition, published July 19, 2019; UL 325 revision, Seventh Edition, published February 28, 2020; and UL 325 revision, Seventh Edition, 1 The Record of Commission Action is available here: www.cpsc.gov/s3fs-public/RCA-ResidentialGarage-Door-Operators-Revision-of-UL-Standardsand-Engagement-Standard-for-Safety-for-DoorDrapery-Gate-Louver-and-Window-Operators-andSystems-ANSI-CAN-UL-325-2023.pdf? VersionId=fy5Uemm.sZS9q4NWx1Rf_zixO3jOlAdh. 2 The Commission voted 4–0 to publish this notification. E:\FR\FM\14MRR1.SGM 14MRR1 Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / Rules and Regulations ddrumheller on DSK120RN23PROD with RULES1 published February 21, 2023. The revisions in the last three updates to UL 325 to the entrapment protection requirements for automatic residential GDOs are all aggregated in the most current published revision of February 21, 2023. The revisions to UL 325 regarding the entrapment protection requirements for automatic residential GDOs include two revisions adding requirements to existing testing requirements, along with a few clarifying changes to the existing language of the standard. For a more detailed discussion and assessment of the revisions to UL 325 see CPSC’s June 2023 staff briefing package.3 On May 19, 2023, UL notified the Commission that it had revised the entrapment protection requirements of UL 325, Seventh Edition. Staff sent a briefing package to the Commission providing its assessment and recommendations regarding the revisions to the entrapment protection requirements for automatic residential GDOs reflected in the 2019, 2020, and 2023 revisions to UL 325, Seventh Edition. UL did not notify the Commission regarding the 2019 and 2020 revisions to UL 325. On June 13, 2023, the Commission accepted the proposed revisions to UL 325 for inclusion in 16 CFR part 1211, the mandatory standard for residential GDOs. III. Description of the Direct Final Rule The direct final rule amends 16 CFR part 1211 to include the revisions regarding the entrapment protection requirements for automatic residential GDOs in UL 325, Seventh Edition. All of the revisions in the direct final rule concerning the GDO regulation are in subpart A of part 1211. The direct final rule does not change any of the certification (subpart B), recordkeeping (subpart C), or incorporation by reference (subpart D) provisions of the GDO regulation. The revisions to 16 CFR part 1211 are described below and explained in more detail in the June 2023 Staff Briefing Package. • Changes to § 1211.11. Section 1211.11(b) removes an erroneous reference to a ‘‘gate opening’’ because gates are not within the scope of the rule. Section 1211.11(d)(2) changes the reference location for measuring the vertical location of the axis point from 3 June 2023 Staff Briefing Package available at https://www.cpsc.gov/s3fs-public/ResidentialGarage-Door-Operators-Revision-of-UL-StandardsEngagement-Standard-for-Safety-for-Door-DraperyGate-Louver-and-Window-Operators-and-SystemsANSI-CAN-UL-325-2023.pdf?VersionId=tHa02 NizECC_RpGwvgNblyYwugAhc1S7. VerDate Sep<11>2014 15:56 Mar 13, 2024 Jkt 262001 ‘‘above the floor’’ to ‘‘above the level surface below the door’’ and removes the sentence that states, ‘‘The photoelectric sensor is to be mounted at the highest position as recommended by the manufacturer.’’ • Changes to § 1211.12. Section 1211.12(a)(4)(i) clarifies the requirements for the normal operation tests for edge sensors by changing ‘‘with gate operators’’ to ‘‘when exposed to outdoor temperature’’ for edge sensors intended to be exposed to outside temperatures. In § 1211.12(a)(4)(i)(B) an erroneous reference to ‘‘swinging gate’’ is being deleted because swinging gates are not within the scope of the rule. Section 1211.12(b) is revised as follows: (1) by changing the phrase, ‘‘but at room temperature only’’ to ‘‘except with a 15lbf (66.7 N) or greater, and at room temperature only’’; (2) adding a new sentence after the third existing sentence ‘‘All intended uses are to be tested’’; and (3) adding a new sentence at the end of the paragraph, ‘‘After the 30,000 cycle test the normal operation test shall be repeated.’’ In accordance with the Commission’s previous June 2023 vote, this direct final rule amends the mandatory GDO rule at 16 CFR part 1211 to include the revisions to the entrapment protection requirements for automatic residential GDOs in UL 325, Seventh Edition. IV. Direct Final Rule Process The Commission is issuing this rule as a direct final rule. Although the Administrative Procedure Act (APA; 5 U.S.C. 551–559) generally requires agencies to provide notice of a rule and an opportunity for interested parties to comment on it, section 553 of the APA provides an exception when the agency ‘‘for good cause finds’’ that notice and comment are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Id. 553(b)(B). The Commission concludes that notice and comment are not necessary in the case of this direct final rule because the Commission is taking the limited action of amending the GDO rule to conform the regulation to the relevant changes made to UL 325 that were previously accepted by the Commission in June 2023 under the Improvement Act. Because this document merely updates the GDO rule to reflect the Commission-approved changes, the Commission considers this rulemaking to be a non-controversial matter that is not likely to generate comments. Public comment will not impact the Commission’s acceptance of the substantive changes to UL 325 under the Improvement Act that has previously occurred. Additionally, PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 18539 public comments would not alter substantive changes to the standard or the effect of the revised standard as a consumer product safety standard under section 203(a) of the Improvement Act. Under these circumstances, notice and comment are unnecessary. Therefore, the Commission concludes that the direct final rule process is appropriate. In Recommendation 95–4, the Administrative Conference of the United States (ACUS) endorses direct final rulemaking as an appropriate procedure to expedite rules that are noncontroversial and not expected to generate significant adverse comments. See 60 FR 43108 (Aug. 18, 1995). ACUS recommends that agencies use the direct final rule process when they act under the ‘‘unnecessary’’ prong of the good cause exemption in 5 U.S.C. 553(b)(B). Consistent with the ACUS recommendation, the Commission is publishing this rule as a direct final rule, because CPSC does not expect any significant adverse comments. Unless CPSC receives a significant adverse comment within 30 days of this notification, the rule will become effective on May 13, 2024. In accordance with ACUS’s recommendation, the Commission considers a significant adverse comment to be ‘‘one where the commenter explains why the rule would be inappropriate,’’ including an assertion challenging ‘‘the rule’s underlying premise or approach,’’ or a claim that the rule ‘‘would be ineffective or unacceptable without a change.’’ 60 FR 43108, 43111 (Aug. 18, 1995). As noted, this rule merely updates the existing provisions of the CFR to reflect changes that occur by statute, and public comments should address this specific action. If the Commission receives a significant adverse comment, the Commission will withdraw this direct final rule. Depending on the comment and other circumstances, the Commission may then incorporate the adverse comment into a subsequent direct final rule or publish a notice of proposed rulemaking, providing an opportunity for public comment. V. Effective Date Because the changes to the entrapment protection requirements of the UL 325 standard are not substantial and the industry has had more than a year since publication of the UL 325 voluntary standard to come into compliance with its entrapment protection revisions, 60 days is sufficient for the effective date. Therefore, the effective date of the direct final rule is May 13, 2024. E:\FR\FM\14MRR1.SGM 14MRR1 18540 Federal Register / Vol. 89, No. 51 / Thursday, March 14, 2024 / Rules and Regulations VI. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA; 5 U.S.C. 601–612) generally requires agencies to review proposed and final rules for their potential economic impact on small entities, including small businesses, and prepare regulatory flexibility analyses. 5 U.S.C. 603, 604. The RFA applies to any rule that is subject to notice and comment procedures under section 553 of the APA. Id. As discussed in section IV. of this preamble, the Commission has determined that notice and the opportunity to comment are unnecessary for this rule. Therefore, the RFA does not apply. CPSC also notes the limited nature of this document, which merely updates the GDO rule to conform the regulation to the applicable changes made to UL 325 that were previously accepted by the Commission in June 2023 under the Improvement Act. VII. Preemption Section 203(f) of the Improvement Act contains a preemption provision providing that those provisions of laws of States or political subdivisions which relate to the labeling of automatic residential garage door openers and those provisions which do not provide at least the equivalent degree of protection from the risk of injury associated with automatic residential garage door openers as the consumer product safety rule are subject to preemption under 15 U.S.C. 2075. 15 U.S.C. 2056 Note. ddrumheller on DSK120RN23PROD with RULES1 VIII. Environmental Considerations Commission rules are categorically excluded from any requirement to prepare an environmental assessment or an environmental impact statement where they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. IX. 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 CRA submission must indicate whether the rule is a ‘‘major rule.’’ The CRA states that the Office of Information and Regulatory Affairs determines whether a rule qualifies as a ‘‘major rule.’’ 5 U.S.C. 804(2). Pursuant to the CRA, OMB’s Office of Information and Regulatory VerDate Sep<11>2014 15:56 Mar 13, 2024 Jkt 262001 Affairs has determined that this rule does not qualify as 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 1211 Consumer protection, Imports, Labeling, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Commission amends 16 CFR part 1211 as follows: PART 1211—SAFETY STANDARDS FOR AUTOMATIC RESIDENTIAL GARAGE DOOR OPERATORS 1. The authority citation for part 1211 is revised to read as follows: ■ Authority: 15 U.S.C. 2056 Note; 15 U.S.C. 2063 and 2065. Subpart A—[Amended] 2. Amend § 1211.11 by revising paragraphs (b) and (d)(2) to read as follows: ■ § 1211.11 sensors. Requirements for photoelectric * * * * * (b) Normal operation test— Horizontally moving door. When installed as described in § 1211.10(a)(1) through (4), a photoelectric sensor of a horizontally moving door shall be tested per paragraph (c) of this section that is to be placed on a level surface within the path of the moving door. The sensor is to be tested with the obstruction at a total of five different locations over the height of the door. The locations shall include distances 1 in (25.4 mm) from each end, 1 ft (305 mm) from each end, and the midpoint. * * * * * (d) * * * (2) The moving object is to consist of a 17⁄8 inch (47.6 mm) diameter cylindrical rod, 341⁄2 inches (876 mm) long, with the axis point being 34 inches (864 mm) from the end. The axis point is to be fixed at a point centered directly above the beam of the photoelectric sensor 36 inches (914 mm) above the level surface below the door. The rod is to be swung as a pendulum through the photoelectric sensor’s beam from a position 45 degrees from the plane of the door when in the closed position. See figure 4 to this subpart. * * * * * 3. Amend § 1211.12 by revising paragraphs (a)(4)(i) introductory text, (a)(4)(i)(B), and (b) to read as follows: ■ PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 § 1211.12 Requirements for edge sensors. (a) * * * (4)(i) An edge sensor, when installed on a representative door, shall actuate upon the application of a 15 lbf (66.7 N) or less force in the direction of the application when tested at room temperature 25 °C ± 2 °C (77 °F ± 3.6 °F) and, additionally, when intended for use exposed to outdoor temperature, shall actuate at 40 lbf (177.9 N) or less force when tested at ¥35 °C ± 2 °C (¥31 °F ± 3.6 °F). * * * * * (B) For an edge sensor intended to be used on a one-piece door, or swinging door, the force is to be applied so that the axis is at an angle 30 degrees from the direction perpendicular to the plane of the door. See figures 6C and 6D to this subpart. * * * * * (b) Endurance test. An edge sensor system and associated components shall withstand 30,000 cycles of mechanical operation without failure. For this test, the edge sensor is to be cycled by the repetitive application of the force as described in paragraph (a)(4)(i) of this section except with a 15lbf (66.7 N) or greater, and at room temperature only. The force is to be applied to the same location for the entire test. All intended uses are to be tested. For an edge sensor system employing integral electric contact strips, this test shall be conducted with the contacts connected to a load no less severe than it controls in the operator. For the last 50 cycles of operation, the sensor shall function as intended when connected to an operator. After the 30,000 cycle test the normal operation test shall be repeated. * * * * * Alberta E. Mills, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2024–05281 Filed 3–13–24; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF THE INTERIOR Bureau of Safety and Environmental Enforcement 30 CFR Part 250 [Docket ID: BSEE–2024–0001; EEEE500000 245E1700D2 ET1SF0000.EAQ000] RIN 1014–AA61 Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Civil Penalty Inflation Adjustment Bureau of Safety and Environmental Enforcement, Interior. AGENCY: E:\FR\FM\14MRR1.SGM 14MRR1

Agencies

[Federal Register Volume 89, Number 51 (Thursday, March 14, 2024)]
[Rules and Regulations]
[Pages 18538-18540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05281]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1211

[Docket No. CPSC-2015-0025]


Safety Standard for Automatic Residential Garage Door Operators

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In June 2023, the Consumer Product Safety Commission 
(Commission or CPSC) under the Consumer Product Safety Improvement Act 
of 1990 (Improvement Act) approved changes to the entrapment protection 
provisions in UL standard UL 325 for inclusion in the Commission's 
safety regulation for automatic residential garage door operators. This 
direct final rule is amending the Commission's automatic residential 
garage door operators regulation to reflect these changes.

DATES: The rule is effective on May 13, 2024, unless we receive 
significant adverse comments by April 15, 2024. If we receive timely 
significant adverse comments, we will publish a notification in the 
Federal Register withdrawing this direct final rule before its 
effective date.

ADDRESSES: You can submit comments, identified by Docket No. CPSC-2015-
0025, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: www.regulations.gov. Follow the instructions for 
submitting comments. Do not submit through this website: confidential 
business information, trade secret information, or other sensitive or 
protected information that you do not want to be available to the 
public. CPSC typically does not accept comments submitted by email, 
except as described below.
    Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC 
encourages you to submit electronic comments by using the Federal 
eRulemaking Portal. You may, however, submit comments by mail, hand 
delivery, or courier to: Office of the Secretary, Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, MD 20814; 
telephone: (301) 504-7479. If you wish to submit confidential business 
information, trade secret information, or other sensitive or protected 
information that you do not want available to the public, you may 
submit such comments by mail, hand delivery, courier, or you may email 
them to: [email protected].
    Instructions: All submissions must include the agency name and 
docket number. CPSC may post all comments without change, including any 
personal identifiers, contact information, or other personal 
information provided, to: www.regulations.gov. Do not submit to this 
website: confidential business information, trade secret information, 
or other sensitive or protected information that you do not want to be 
available to the public. If you wish to submit such information, please 
submit it according to the instructions for mail/hand delivery/courier/
confidential written submissions.
    Docket: For access to the docket to read background documents or 
comments received, go to: www.regulations.gov, and insert the docket 
number, CPSC-2015-0025, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Will Cusey, Small Business Ombudsman, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-7945 or (888) 531-9070; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 203(a) and (b) of the Improvement Act, Public Law 101-608, 
states that the entrapment protection requirements of UL 325, 
``Standard for Safety for Door, Drapery, Gate, Louver, and Window 
Operators and Systems'', are considered a consumer product safety rule 
under the Consumer Product Safety Act (CPSA). 15 U.S.C. 2056 Note. On 
June 19, 1991, as mandated by the Improvement Act, the Commission 
issued a final rule codifying the provisions of the entrapment 
protection requirements of UL 325 at 16 CFR part 1211. 56 FR 28050. On 
December 21, 1992, as directed in section 203(b) of the Improvement 
Act, the Commission published a final rule to include the additional 
entrapment protection provisions adopted by UL in UL 325 in the CPSC 
mandatory standard for automatic residential garage door operators. 57 
FR 60449.
    Section 203(c) of the Improvement Act requires UL to notify CPSC of 
any revisions to UL 325, which is the basis for the Commission's garage 
door operator (GDO) regulation. When UL notifies the Commission of a 
revision, that revision ``shall be incorporated in the consumer product 
safety rule . . . unless, within 30 days of such notice, the Commission 
notifies [UL] that the Commission has determined that such revision 
does not carry out the purposes of subsection (b)'' of section 203 of 
the Improvement Act, which initially mandated the UL 325 entrapment 
protection requirements.'' As provided in the Improvement Act, the 
Commission has revised the GDO standard several times in the past after 
UL notified the Commission of changes to the entrapment protection 
requirements of UL 325. The Commission last updated the GDO rule in 
2018, to reflect changes made to the entrapment protection provisions 
of UL 325 up to that time. 83 FR 32566. (July 13, 2018).
    On May 19, 2023, UL notified the Commission of revisions to UL 325 
regarding the entrapment protection provisions related to residential 
garage door operators. On June 13, 2023, the Commission voted to 
approve the relevant revisions to UL 325 regarding the entrapment 
protection requirements for automatic residential GDOs for inclusion in 
the Commission's mandatory regulation, in accordance with the procedure 
in the Improvement Act.\1\ In order to implement the Commission's June 
2023 vote to include the accepted revisions to UL 325 for residential 
GDOs in the Commission mandatory standard, this direct final rule 
revises the provisions of the GDO rule at 16 CFR part 1211 to reflect 
the Commission's earlier acceptance of the revisions for the entrapment 
protection requirements for automatic residential GDOs in UL 325, 
Seventh Edition.\2\
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    \1\ The Record of Commission Action is available here: 
www.cpsc.gov/s3fs-public/RCA-Residential-Garage-Door-Operators-Revision-of-UL-Standards-and-Engagement-Standard-for-Safety-for-Door-Drapery-Gate-Louver-and-Window-Operators-and-Systems-ANSI-CAN-UL-325-2023.pdf?VersionId=fy5Uemm.sZS9q4NWx1Rf_zixO3jOlAdh.
    \2\ The Commission voted 4-0 to publish this notification.
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II. Changes to UL 325

    Since the last update of the mandatory GDO regulation in 2018, 
there have been three published revisions to UL 325: UL 325 revision, 
Seventh Edition, published July 19, 2019; UL 325 revision, Seventh 
Edition, published February 28, 2020; and UL 325 revision, Seventh 
Edition,

[[Page 18539]]

published February 21, 2023. The revisions in the last three updates to 
UL 325 to the entrapment protection requirements for automatic 
residential GDOs are all aggregated in the most current published 
revision of February 21, 2023. The revisions to UL 325 regarding the 
entrapment protection requirements for automatic residential GDOs 
include two revisions adding requirements to existing testing 
requirements, along with a few clarifying changes to the existing 
language of the standard. For a more detailed discussion and assessment 
of the revisions to UL 325 see CPSC's June 2023 staff briefing 
package.\3\
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    \3\ June 2023 Staff Briefing Package available at https://www.cpsc.gov/s3fs-public/Residential-Garage-Door-Operators-Revision-of-UL-Standards-Engagement-Standard-for-Safety-for-Door-Drapery-Gate-Louver-and-Window-Operators-and-Systems-ANSI-CAN-UL-325-2023.pdf?VersionId=tHa02NizECC_RpGwvgNblyYwugAhc1S7.
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    On May 19, 2023, UL notified the Commission that it had revised the 
entrapment protection requirements of UL 325, Seventh Edition. Staff 
sent a briefing package to the Commission providing its assessment and 
recommendations regarding the revisions to the entrapment protection 
requirements for automatic residential GDOs reflected in the 2019, 
2020, and 2023 revisions to UL 325, Seventh Edition. UL did not notify 
the Commission regarding the 2019 and 2020 revisions to UL 325. On June 
13, 2023, the Commission accepted the proposed revisions to UL 325 for 
inclusion in 16 CFR part 1211, the mandatory standard for residential 
GDOs.

III. Description of the Direct Final Rule

    The direct final rule amends 16 CFR part 1211 to include the 
revisions regarding the entrapment protection requirements for 
automatic residential GDOs in UL 325, Seventh Edition. All of the 
revisions in the direct final rule concerning the GDO regulation are in 
subpart A of part 1211. The direct final rule does not change any of 
the certification (subpart B), recordkeeping (subpart C), or 
incorporation by reference (subpart D) provisions of the GDO 
regulation.
    The revisions to 16 CFR part 1211 are described below and explained 
in more detail in the June 2023 Staff Briefing Package.
     Changes to Sec.  1211.11. Section 1211.11(b) removes an 
erroneous reference to a ``gate opening'' because gates are not within 
the scope of the rule. Section 1211.11(d)(2) changes the reference 
location for measuring the vertical location of the axis point from 
``above the floor'' to ``above the level surface below the door'' and 
removes the sentence that states, ``The photoelectric sensor is to be 
mounted at the highest position as recommended by the manufacturer.''
     Changes to Sec.  1211.12. Section 1211.12(a)(4)(i) 
clarifies the requirements for the normal operation tests for edge 
sensors by changing ``with gate operators'' to ``when exposed to 
outdoor temperature'' for edge sensors intended to be exposed to 
outside temperatures. In Sec.  1211.12(a)(4)(i)(B) an erroneous 
reference to ``swinging gate'' is being deleted because swinging gates 
are not within the scope of the rule. Section 1211.12(b) is revised as 
follows: (1) by changing the phrase, ``but at room temperature only'' 
to ``except with a 15lbf (66.7 N) or greater, and at room temperature 
only''; (2) adding a new sentence after the third existing sentence 
``All intended uses are to be tested''; and (3) adding a new sentence 
at the end of the paragraph, ``After the 30,000 cycle test the normal 
operation test shall be repeated.''
    In accordance with the Commission's previous June 2023 vote, this 
direct final rule amends the mandatory GDO rule at 16 CFR part 1211 to 
include the revisions to the entrapment protection requirements for 
automatic residential GDOs in UL 325, Seventh Edition.

IV. Direct Final Rule Process

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA; 5 U.S.C. 551-559) 
generally requires agencies to provide notice of a rule and an 
opportunity for interested parties to comment on it, section 553 of the 
APA provides an exception when the agency ``for good cause finds'' that 
notice and comment are ``impracticable, unnecessary, or contrary to the 
public interest.'' Id. 553(b)(B).
    The Commission concludes that notice and comment are not necessary 
in the case of this direct final rule because the Commission is taking 
the limited action of amending the GDO rule to conform the regulation 
to the relevant changes made to UL 325 that were previously accepted by 
the Commission in June 2023 under the Improvement Act. Because this 
document merely updates the GDO rule to reflect the Commission-approved 
changes, the Commission considers this rulemaking to be a non-
controversial matter that is not likely to generate comments. Public 
comment will not impact the Commission's acceptance of the substantive 
changes to UL 325 under the Improvement Act that has previously 
occurred. Additionally, public comments would not alter substantive 
changes to the standard or the effect of the revised standard as a 
consumer product safety standard under section 203(a) of the 
Improvement Act. Under these circumstances, notice and comment are 
unnecessary. Therefore, the Commission concludes that the direct final 
rule process is appropriate.
    In Recommendation 95-4, the Administrative Conference of the United 
States (ACUS) endorses direct final rulemaking as an appropriate 
procedure to expedite rules that are noncontroversial and not expected 
to generate significant adverse comments. See 60 FR 43108 (Aug. 18, 
1995). ACUS recommends that agencies use the direct final rule process 
when they act under the ``unnecessary'' prong of the good cause 
exemption in 5 U.S.C. 553(b)(B). Consistent with the ACUS 
recommendation, the Commission is publishing this rule as a direct 
final rule, because CPSC does not expect any significant adverse 
comments.
    Unless CPSC receives a significant adverse comment within 30 days 
of this notification, the rule will become effective on May 13, 2024. 
In accordance with ACUS's recommendation, the Commission considers a 
significant adverse comment to be ``one where the commenter explains 
why the rule would be inappropriate,'' including an assertion 
challenging ``the rule's underlying premise or approach,'' or a claim 
that the rule ``would be ineffective or unacceptable without a 
change.'' 60 FR 43108, 43111 (Aug. 18, 1995). As noted, this rule 
merely updates the existing provisions of the CFR to reflect changes 
that occur by statute, and public comments should address this specific 
action. If the Commission receives a significant adverse comment, the 
Commission will withdraw this direct final rule. Depending on the 
comment and other circumstances, the Commission may then incorporate 
the adverse comment into a subsequent direct final rule or publish a 
notice of proposed rulemaking, providing an opportunity for public 
comment.

V. Effective Date

    Because the changes to the entrapment protection requirements of 
the UL 325 standard are not substantial and the industry has had more 
than a year since publication of the UL 325 voluntary standard to come 
into compliance with its entrapment protection revisions, 60 days is 
sufficient for the effective date. Therefore, the effective date of the 
direct final rule is May 13, 2024.

[[Page 18540]]

VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612) generally 
requires agencies to review proposed and final rules for their 
potential economic impact on small entities, including small 
businesses, and prepare regulatory flexibility analyses. 5 U.S.C. 603, 
604. The RFA applies to any rule that is subject to notice and comment 
procedures under section 553 of the APA. Id. As discussed in section 
IV. of this preamble, the Commission has determined that notice and the 
opportunity to comment are unnecessary for this rule. Therefore, the 
RFA does not apply. CPSC also notes the limited nature of this 
document, which merely updates the GDO rule to conform the regulation 
to the applicable changes made to UL 325 that were previously accepted 
by the Commission in June 2023 under the Improvement Act.

VII. Preemption

    Section 203(f) of the Improvement Act contains a preemption 
provision providing that those provisions of laws of States or 
political subdivisions which relate to the labeling of automatic 
residential garage door openers and those provisions which do not 
provide at least the equivalent degree of protection from the risk of 
injury associated with automatic residential garage door openers as the 
consumer product safety rule are subject to preemption under 15 U.S.C. 
2075. 15 U.S.C. 2056 Note.

VIII. Environmental Considerations

    Commission rules are categorically excluded from any requirement to 
prepare an environmental assessment or an environmental impact 
statement where they ``have little or no potential for affecting the 
human environment.'' 16 CFR 1021.5(c). This rule falls within the 
categorical exclusion, so no environmental assessment or environmental 
impact statement is required.

IX. 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 CRA submission 
must indicate whether the rule is a ``major rule.'' The CRA states that 
the Office of Information and Regulatory Affairs determines whether a 
rule qualifies as a ``major rule.'' 5 U.S.C. 804(2). Pursuant to the 
CRA, OMB's Office of Information and Regulatory Affairs has determined 
that this rule does not qualify as 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 1211

    Consumer protection, Imports, Labeling, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, the Commission amends 16 
CFR part 1211 as follows:

PART 1211--SAFETY STANDARDS FOR AUTOMATIC RESIDENTIAL GARAGE DOOR 
OPERATORS

0
1. The authority citation for part 1211 is revised to read as follows:

    Authority: 15 U.S.C. 2056 Note; 15 U.S.C. 2063 and 2065.

Subpart A--[Amended]

0
2. Amend Sec.  1211.11 by revising paragraphs (b) and (d)(2) to read as 
follows:


Sec.  1211.11  Requirements for photoelectric sensors.

* * * * *
    (b) Normal operation test--Horizontally moving door. When installed 
as described in Sec.  1211.10(a)(1) through (4), a photoelectric sensor 
of a horizontally moving door shall be tested per paragraph (c) of this 
section that is to be placed on a level surface within the path of the 
moving door. The sensor is to be tested with the obstruction at a total 
of five different locations over the height of the door. The locations 
shall include distances 1 in (25.4 mm) from each end, 1 ft (305 mm) 
from each end, and the midpoint.
* * * * *
    (d) * * *
    (2) The moving object is to consist of a 1\7/8\ inch (47.6 mm) 
diameter cylindrical rod, 34\1/2\ inches (876 mm) long, with the axis 
point being 34 inches (864 mm) from the end. The axis point is to be 
fixed at a point centered directly above the beam of the photoelectric 
sensor 36 inches (914 mm) above the level surface below the door. The 
rod is to be swung as a pendulum through the photoelectric sensor's 
beam from a position 45 degrees from the plane of the door when in the 
closed position. See figure 4 to this subpart.
* * * * *

0
3. Amend Sec.  1211.12 by revising paragraphs (a)(4)(i) introductory 
text, (a)(4)(i)(B), and (b) to read as follows:


Sec.  1211.12  Requirements for edge sensors.

    (a) * * *
    (4)(i) An edge sensor, when installed on a representative door, 
shall actuate upon the application of a 15 lbf (66.7 N) or less force 
in the direction of the application when tested at room temperature 25 
[deg]C  2 [deg]C (77 [deg]F  3.6 [deg]F) and, 
additionally, when intended for use exposed to outdoor temperature, 
shall actuate at 40 lbf (177.9 N) or less force when tested at -35 
[deg]C  2 [deg]C (-31 [deg]F  3.6 [deg]F).
* * * * *
    (B) For an edge sensor intended to be used on a one-piece door, or 
swinging door, the force is to be applied so that the axis is at an 
angle 30 degrees from the direction perpendicular to the plane of the 
door. See figures 6C and 6D to this subpart.
* * * * *
    (b) Endurance test. An edge sensor system and associated components 
shall withstand 30,000 cycles of mechanical operation without failure. 
For this test, the edge sensor is to be cycled by the repetitive 
application of the force as described in paragraph (a)(4)(i) of this 
section except with a 15lbf (66.7 N) or greater, and at room 
temperature only. The force is to be applied to the same location for 
the entire test. All intended uses are to be tested. For an edge sensor 
system employing integral electric contact strips, this test shall be 
conducted with the contacts connected to a load no less severe than it 
controls in the operator. For the last 50 cycles of operation, the 
sensor shall function as intended when connected to an operator. After 
the 30,000 cycle test the normal operation test shall be repeated.
* * * * *

Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2024-05281 Filed 3-13-24; 8:45 am]
BILLING CODE 6355-01-P
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