Safety Standard for Automatic Residential Garage Door Operators
| Published date | 14 March 2024 |
| Record Number | 2024-05281 |
| Citation | 89 FR 18538 |
| Court | Consumer Product Safety Commission |
| Section | Rules and Regulations |
Federal Register, Volume 89 Issue 51 (Thursday, March 14, 2024)
[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
