Safety Standard for Operating Cords on Custom Window Coverings
| Published date | 07 January 2022 |
| Citation | 87 FR 1014 |
| Record Number | 2021-27896 |
| Section | Proposed rules |
| Court | Consumer Product Safety Commission |
Federal Register, Volume 87 Issue 5 (Friday, January 7, 2022)
[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Proposed Rules]
[Pages 1014-1059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27896]
[[Page 1013]]
Vol. 87
Friday,
No. 5
January 7, 2022
Part IIConsumer Product Safety Commission-----------------------------------------------------------------------16 CFR Parts 1112 and 1260Safety Standard for Operating Cords on Custom Window Coverings;
Proposed Rule
Federal Register / Vol. 87 , No. 5 / Friday, January 7, 2022 /
Proposed Rules
[[Page 1014]]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1112 and 1260
[CPSC Docket No. CPSC-2013-0028]
Safety Standard for Operating Cords on Custom Window Coverings
AGENCY: Consumer Product Safety Commission.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Consumer Product Safety Commission (CPSC) has
determined preliminarily that custom window coverings with accessible
operating cords that are longer than 8 inches pose an unreasonable risk
of strangulation to children 8 years old and younger. To address this
risk of strangulation, the Commission proposes a rule under the
Consumer Product Safety Act (CPSA) to require that operating cords on
custom window coverings meet the same requirements as operating cords
on stock window coverings, as set forth in the applicable voluntary
standard. Thus, the rule proposes that operating cords on custom window
coverings must be cordless, inaccessible, or 8 inches or shorter in
length in any use position. If finalized, operating cords on custom
window coverings would require testing and certification to the rule
under section 14 of the CPSA. Moreover, operating cords on custom
window coverings that meet the definition of a ``children's product''
would require third party testing by a CPSC-accredited third party
conformity assessment body. Accordingly, the rule also proposes to
amend the Commission's regulation on requirements pertaining to third
party conformity assessment bodies to add ``Safety Standard for
Operating Cords on Custom Window Coverings'' to the list of rules that
require third party testing.
DATES: Written comments must be received by March 23, 2022.
ADDRESSES: Direct comments related to the Paperwork Reduction Act
aspects of the proposed rule to the Office of Information and
Regulatory Affairs, the Office of Management and Budget, Attn: CPSC
Desk Officer, fax to: 202-395-6974, or email
[email protected]. Submit all other comments on the proposed
rule, identified by Docket No. CPSC-2013-0028, by any of the following
methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. CPSC typically does not accept
comments submitted by electronic mail (email), except through https://www.regulations.gov. CPSC encourages you to submit electronic comments
by using the Federal eRulemaking Portal, as described above.
Mail/Hand Delivery/Courier Written Submissions: Submit comments by
mail/hand delivery/courier to: Division of the Secretariat, Consumer
Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814;
telephone: (301) 504-7479. Alternatively, as a temporary option during
the COVID-19 pandemic, you can email such submissions to: cpsc.gov">[email protected]cpsc.gov.
Instructions: All submissions must include the agency name and
docket number for this notice. CPSC may post all comments without
change, including any personal identifiers, contact information, or
other personal information provided, to: https://www.regulations.gov.
Do not submit electronically: 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 written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: https:/www.regulations.gov, and insert the
docket number, CPSC-2013-0028, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Rana Balci-Sinha, Director, Division
of Human Factors, Directorate for Engineering Sciences, Office of
Hazard Identification and Reduction, Consumer Product Safety
Commission, National Product Testing and Evaluation Center, 5 Research
Place, Rockville, MD 20850; telephone: 301-987-2584;
cpsc.gov">[email protected]cpsc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Overview of the Proposed Rule
The purpose of the proposed rule is to address the risk of
strangulation to children 8 years old and younger associated with
hazardous operating cords on custom window coverings.\1\ The Commission
issues this notice of proposed rulemaking (NPR) using its authorities
in sections 7 and 9 of the CPSA, 15 U.S.C. 2056 and 2058, to create a
new mandatory standard for operating cords on custom window coverings.
Due to the ongoing fatal and nonfatal incidents associated with window
covering cords, high severity of the outcomes (death and disability to
children), proven technical feasibility of cordless products, the
implementation of stronger operating cord requirements for stock window
coverings already on the market, and the ineffectiveness of warnings
and safety devices for this class of products, the Commission proposes
to regulate operating cords on custom window coverings. The proposed
rule would require operating cords on custom window coverings to meet
identical requirements for operating cords on stock window coverings,
as set forth in section 4.3.1 of ANSI/WCMA A100.1--2018, American
National Standard for Safety of Corded Window Covering Products (ANSI/
WCMA-2018). The ANSI standard requires stock window coverings to have:
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\1\ On December 14, 2021, the Commission voted 4-0 to issue this
notice of proposed rulemaking. Commissioner Feldman issued a
statement in connection with his vote.
(1) No operating cords (cordless) (section 4.3.1.1);
(2) inaccessible operating cords (section 4.3.1.3); or
(3) operating cords shorter than 8 inches in any use position
(section 4.3.1.2).
In a separate, concurrent rulemaking under section 15(j) of the
CPSA, the Commission is proposing to deem a ``substantial product
hazard'' (SPH), as defined in section 15(a)(2) of the CPSA: (1) The
presence of hazardous operating cords on stock window coverings; (2)
the presence of hazardous inner cords on stock and custom window
coverings; or (3) the absence of a required manufacturer label. Both
NPRs are based on information and analysis contained in CPSC staff's
September 29, 2021, Staff Briefing Package: Notice of Proposed
Rulemaking for Corded Window Coverings (Staff's NPR Briefing Package),
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.
B. Background and Statutory Authority
Window coverings are ``consumer products'' within the jurisdiction
of the CPSC, and subject to regulation under the authority of the CPSA,
because consumers use and enjoy window coverings in or around a
permanent or temporary household or residence, and in schools. See 15
U.S.C. 2052(a)(5). Section 7(a) of the CPSA authorizes the
[[Page 1015]]
Commission to promulgate a mandatory consumer product safety standard
that sets forth performance or labeling requirements for a consumer
product if such requirements are reasonably necessary to prevent or
reduce an unreasonable risk of injury. 15 U.S.C. 2056(a). The proposed
rule sets forth performance requirements for operating cords on custom
window coverings. The proposed performance requirements would make
operating cords on custom products meet the same requirements for stock
window coverings in section 4.3.1 of ANSI/WCMA-2018, to prevent an
unreasonable risk of injury, strangulation and death, to children 8
years old and younger.
Section 7(b)(1) of the CPSA requires the Commission to rely on a
voluntary standard, rather than promulgate a mandatory standard, when
compliance with the voluntary standard would eliminate or adequately
reduce the risk of injury associated with a product, and it is likely
that products are in substantial compliance with the voluntary
standard. 15 U.S.C. 2056(b)(1). As described in section II.E of this
preamble, custom window coverings likely substantially comply with the
voluntary standard, ANSI/WCMA-2018. However, section 4.3.2 of ANSI/
WCMA-2018, which applies to custom window coverings, does not
adequately address the risk of injury associated with operating cords
on custom window coverings, because the ANSI standard allows operating
cords on custom window coverings to be accessible to children, and to
be longer than 8 inches, which presents an unreasonable risk of
strangulation to children 8 years old and younger. CPSC staff advises
that the operating cord requirements proposed in the NPR would address
100 percent of the operating cord incidents associated with custom
window coverings.
Section 9 of the CPSA specifies the procedure that the Commission
must follow to issue a consumer product safety standard under section 7
of the CPSA. In accordance with section 9, the Commission may commence
rulemaking by issuing an advance notice of proposed rulemaking (ANPR)
or a notice of proposed rulemaking (NPR). The Commission issued an ANPR
for corded window coverings, including stock and custom products, in
January 2015 (80 FR 2327 (January 16, 2015)). The Commission is moving
forward with two NPRs because the voluntary standard now addresses the
risk of injury for operating cords on stock window coverings, and inner
cords on stock and custom window coverings. For the hazards addressed
by the voluntary standard, the Commission is issuing a separate rule
under section 15(j) of the CPSA, leaving for this NPR to address, under
sections 7 and 9 of the CPSA, operating cords on custom window
coverings.
Section 9 authorizes the Commission to issue an NPR, including the
proposed rule and a preliminary regulatory analysis, in accordance with
section 9(c) of the CPSA. We request comments regarding the risk of
injury identified by the Commission, the regulatory alternatives being
considered, and other possible alternatives for addressing the risk of
injury. 15 U.S.C. 2058(c). The preliminary regulatory analysis must
include:
A preliminary description of the potential benefits and
costs of the rule, including benefits and costs that cannot be
quantified, and the analysis must identify who is likely to receive the
benefits and bear the costs;
a discussion of the reasons any standard or portion of a
standard submitted to the Commission in response to the ANPR was not
published by the Commission as the proposed rule or part of the
proposed rule;
a discussion of the reasons for the Commission's
preliminary determination that efforts submitted to the Commission in
response to the ANPR to develop or modify a voluntary standard would
not be likely, within a reasonable period of time, to result in a
voluntary standard that would eliminate or adequately reduce the risk
of injury addressed by the proposed rule; and
a description of alternatives to the proposed rule that
the Commission considered and a brief explanation of the reason the
alternatives were not chosen.
Id. Tab K of Staff's NPR Briefing Package, and section V of this
preamble, provide the required preliminary regulatory analysis for a
mandatory standard on operating cords for custom window coverings.
After issuing an NPR, the Commission will consider the comments
received in response to the proposed rule and decide whether to issue a
final rule, along with a final regulatory analysis. Id. 2058(c)-(f).
The Commission also will provide an opportunity for interested persons
to make oral presentations of the data, views, or arguments, in
accordance with section 9(d)(2) of the CPSA. Id. 2058(d)(2).
According to section 9(f)(1) of the CPSA, before promulgating a
consumer product safety rule, the Commission must consider, and make
appropriate findings to be included in the rule, on the following
issues:
The degree and nature of the risk of injury that the rule
is designed to eliminate or reduce;
The approximate number of consumer products subject to the
rule;
The need of the public for the products subject to the
rule and the probable effect the rule will have on utility, cost, or
availability of such products; and
The means to achieve the objective of the rule while
minimizing adverse effects on competition, manufacturing, and
commercial practices.
Id. 2058(f)(1). At the NPR stage, the Commission is making these
findings preliminarily, to allow the public to comment on the findings.
Section XIII of the preamble contains the Commission's preliminary
findings.
Under section 9(f)(3) of the CPSA, to issue a final rule, the
Commission must find that the rule is ``reasonably necessary to
eliminate or reduce an unreasonable risk of injury associated with such
product'' and that issuing the rule is in the public interest. Id.
2058(f)(3)(A)&(B). Additionally, if a voluntary standard addressing the
risk of injury has been adopted and implemented, the Commission must
find that:
The voluntary standard is not likely to eliminate or
adequately reduce the risk of injury, or
Substantial compliance with the voluntary standard is
unlikely.
Id. 2058(f)(3)(D). The Commission also must find that the expected
benefits of the rule bear a reasonable relationship to its costs, and
that the rule imposes the least burdensome requirements that would
adequately reduce the risk of injury. Id. 2058(f)(3)(E)&(F). Section
XIII of the preamble contains the Commission's preliminary findings on
these additional requirements, so that the Commission can collect
public comment.
C. Product Description
1. Overview of Window Covering Products
Window coverings comprise a wide range of products, including
shades, blinds, curtains, and draperies. Generally, the industry
considers blinds to be ``hard'' window coverings, composed of slats or
vanes, and considers shades to be ``soft'' window coverings, composed
of a continuous roll of material. 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
[[Page 1016]]
window coverings to open and close blinds and shades, using a variety
of inputs, 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] TP07JA22.016
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[GRAPHIC] [TIFF OMITTED] TP07JA22.017
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
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.
Materials used to make shades and blinds include fabric, wood or
faux wood, polymers, such as vinyl, and woven materials, such as
bamboo. Window covering products are mounted either inside or outside
the window frame and can be customized to fit non-standard-sized
windows, or for operation when the window frame is
[[Page 1018]]
inaccessible, using tools or mobility devices, such as ladders, stools,
and lifts. Some window covering types, such as curtains/drapes, shades,
and horizontal blinds, can also be customized to fit unusual window
shapes, like circles, ovals, trapezoids, and diamonds, but operation
may be limited.
Window covering operating systems can vary slightly by window
covering type, but all operating systems fit into one of two general
categories: Corded or cordless.
2. Corded Window Coverings
``Traditional'' or ``corded'' shades and blinds generally have
cords located inside the product (inner cord), to the side of the
product (operating cord or outer cord), or both. The inner cords
between the head rail and bottom rail lift the horizontal slats to
adjust light coming through, as in the case of horizontal blinds, or
lift fabric and similar materials, as in the case of Roman or pleated
shades. The inner cords may be exposed from the front, rear, or bottom
of the window covering, or they can be rendered inaccessible, depending
upon how the product is constructed. Horizontal blinds and pleated
shades generally have two inner cords, one on each side of the blind;
but products manufactured for wider windows may require more than two
inner cords to be operational.
The outer cord or operating cord allows the user to raise, lower,
open and close, rotate, or tilt the window covering. Operating cord
systems generally fall into one of three categories: (1) Standard; (2)
single cord; and (3) continuous loop. The operating cord in a standard
operating system consists of two or more cords and often includes a
cord locking device to allow the user to set the height of the window
covering. In a single cord operating system, the user can manipulate
the window covering with a pull cord. The operating cord in a
continuous loop operating system uses a single piece of cord or a
beaded metal or plastic chain that is secured to a wall and operates
like a pulley. For example, pulling the rear half of the loop will
raise the shade, while pulling the front half of the loop will lower
the shade.
Although operating systems can vary, some products are more
commonly coupled with specific systems. Cellular and pleated shades can
have any of the three operating cord systems; in contrast, roller and
Roman shades mostly use a standard or continuous loop system.
Horizontal blinds are generally coupled with a standard operating
system, while vertical blinds operate by continuous loop. Some curtains
and drapes operate by continuous loop along with a traverse rod, which
are also within the scope of the rule. However, many curtains and
drapes are stationary and do not have operating systems; these products
are not within the scope of the rule.
3. Cordless Window Products
Virtually every window covering type is available with a
``cordless'' operating system, which means it has been designed to
function without an operating cord.\2\ Cordless window coverings may
require inner cords, but these can be, and typically are, made
inaccessible through a variety of approaches. In lieu of an operating
cord, cordless operating systems can be manual or motorized. A manual
operating system allows users to lift or lower the window covering with
a plastic handle or directly by hand.
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\2\ The availability of alternatives to corded window coverings
may sometimes be constrained due to size and weight limitations. See
Lee, 2014. Through market research, staff found several examples of
cordless blinds that are made with a maximum height of 84'' and a
maximum width of 144'' (Tab G of Staff's NPR Briefing Package).
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A motorized operating system uses a motor and control system to
manipulate the window covering, such as a remote control or wall
switch. Installation of cordless window coverings that are motorized is
more complicated than manual systems because motorized systems require
a power source. The power sources for motorized systems, in order of
installation complexity are battery-powered, DC plug, solar-powered,
and what is commonly called ``hardwired.''
The simplest power source for a motorized cordless product is a
battery system, which is typically installed near the head rail in a
circular tube called a battery wand. Replacement of the batteries can
require additional tools, like a screwdriver, step ladder, or stool.
Most manufacturers recommend lithium-ion batteries for use in their
systems, due to the increased temperature level around window
coverings.\3\ A DC plug adapter can also be used as a power source and
is easy to install. A window covering with a DC plug adapter can be
plugged into any standard electrical outlet. Electrical outlets aren't
typically installed near the top of a window. Accordingly, DC plugs may
require consumers to use extension cords near the window covering to
reach an available outlet, which some consumers may find unsightly.
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\3\ Window coverings receive direct sunlight for large portions
of the day, resulting in higher surface temperatures that can cause
the failure of non-lithium-type batteries.
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Solar-powered, motorized window coverings use a rechargeable
battery wand combined with a solar panel to charge the batteries.
Installation is about as complex as a typical battery system, but
placement of the solar panel is critical to the operation of the window
covering. Newer, more advanced versions of solar-powered window
coverings can power themselves, while also providing renewable energy.
These products are less mature than others and are generally much more
expensive.
The most complex to install power source for motorized systems is
to wire the window covering directly into the home, commonly called
``hardwiring.'' The industry does not regard hardwiring window
coverings to be a task that consumers can complete. Typically,
electricians are required to install these products, which creates
higher installation costs for consumers.
4. Other Types of Safety Devices
Rather than eliminate the operating cord entirely, some
manufacturers offer other devices to isolate the operating cord on
custom window coverings. These alternatives include, among others:
Retractable cord devices, cord cleats, cord shrouds, cord condensers,
and wands. Tab I in Staff's NPR Briefing Package contains a more
detailed description of these devices and how to operate each. As
described in section I.C.3 of this preamble, and Tab I of Staff's NPR
Briefing Package, these devices are inadequate to address the risk of
injury associated with operating cords on custom window products.
All of these safety devices are currently available for purchase by
consumers, or provided by manufacturers, on custom window coverings,
but offerings vary by manufacturer. A retractable cord device uses a
spring-loaded spool to adjust the length of the pull cord. After the
consumer adjusts the pull cord to raise or lower the window covering,
the retractable cord device automatically retracts the pull cord back
to the bottom of the headrail in an attempt to keep the pull cord out
of reach of small children.
Cord cleats are generally composed of transparent or white plastic
material in a long, rectangular shape. To be effective, two cord cleats
must be installed or anchored to the wall near the window covering at a
height out of reach of children. Cord cleats are used in conjunction
with operating cords that dangle below the bottom of the window
covering. The consumer must wrap the operating cord(s) in an S-shape
around
[[Page 1019]]
the cord cleats each time the window covering is raised or lowered.
A cord shroud encloses the pull cord or continuous cord loops for
various types of blinds and shades with a rigid material, usually
plastic. Although the pull cord or continuous loop cords are rendered
inaccessible, the consumer can use the cord shroud to raise and lower
the window covering. Cord condensers are a small plastic device that
the consumer feeds the multiple cords into to condense the pull cord to
a single pull cord below where the device is installed. Wands are
simple pieces of plastic that the consumer rotates or pulls to operate
the window covering in place of a cord.
5. ``Stock'' and ``Custom'' Window Coverings Defined in the NPR
This NPR relies on the definitions of window coverings and their
features as set forth in the ANSI/WCMA-2018 standard, which currently
requires ``stock'' and ``custom'' window coverings to meet different
sets of operating cord requirements. For the NPR, the definition of a
``stock window covering'' is based on the definition of ``Stock Blinds,
Shades, and Shadings'' in section 3, definition 5.02 of ANSI/WCMA-2018.
A ``stock widow covering'' is a completely or substantially fabricated
product 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 ANSI/WCMA-2018.
Moreover, under the ANSI 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,'' subsequent changes to the product do not change its
categorization from ``stock'' to ``custom.''
The NPR defines a ``custom window covering'' using the same
definition of ``Custom Blinds, Shades, and Shadings'' found in section
3, definition 5.01 of ANSI/WCMA-2018, which is ``any window covering
that is not classified as a stock window covering.'' We explain
additional definitions in the NPR, including ``operating cord,'' ``cord
shroud,'' and ``rigid cord shroud,'' in section IV.A of this preamble.
6. The Window Covering Industry
Based on 2017 data, 1,898 firms were categorized as blinds and
shades manufacturers and retailers (Census Bureau, 2020). Of these,
about 1,840 firms (302 manufacturers and 1,538 retailers) are small. In
2020, three manufacturers accounted for almost 38 percent of dollar
sales in the U.S. window coverings market (Euromonitor 2021a). Only one
of these manufacturers is a publicly held firm. In 2020, the largest
global manufacturer and distributor of window coverings reported
worldwide net sales of $3,543 million, with North American window
covering sales reported as $1,703 million. The second largest firm is
privately held, and annual reports are not publicly available.
Estimates of this firm's revenue indicate annual U.S. window covering
revenue in 2020 of approximately $728 million (Euromonitor 2021a). The
third firm is also privately held, and estimates indicate U.S. window
covering revenues in 2020 of approximately $88 million (Euromonitor
2021a). The remainder of the total market size of $6.6 billion is
attributed to firms that each account for less than 3 percent market
share (Euromonitor 2021b).
A recent study conducted for CPSC (D+R, 2021) estimated that in
2019, approximately 139 million residential window coverings were
shipped in the United States. Most of these shipments, 59.2 percent,
were blinds, while 25.4 percent were shades. When comparing unit sales
data to revenue data, CPSC staff found that while custom products
account for approximately 44 percent of unit sales, a disproportionate
amount of revenue is attributable to custom window covering products.
For example, Roman shades, which are sold almost always as custom
window covering products, account for 1.9 percent of annual sales in
2019, but generated revenues equal to 2.3 percent of the total.
6. Retail Prices
Retail prices for window coverings vary, depending on the type of
the product and retailer. Stock products for common-size window
coverings can be purchased at a variety of retailers, such as big box
and home furnishing stores, and e-commerce retailers, such as Amazon
and Wayfair. The type of material and brand affect the price. According
to a study conducted for CPSC by D+R International (2021),\4\ weighted
average prices for window coverings range from about $54 to $94 for
shades and from about $25 to $250 for blinds.\5\ Prices for vertical
blinds are generally lower than the prices of horizontal blinds; prices
for roller shades are slightly lower than the prices of Roman and
cellular shades (D+R International, 2021).\6\
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\4\ 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).
\5\ The range for shades is based on average prices for cellular
shades, roller shades, Roman shades, and pleated shades. The range
for blinds is based on average prices for vinyl blinds, metal
blinds, faux-wood blinds, wood blinds, and vertical blinds.
\6\ The D+R review of prices and product availability found that
stock product prices are generally lower than custom products and
that cordless lift systems resulted in an increase in price, except
in the case of vertical blinds.
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Consumers can purchase custom-sized and custom-designed window
coverings from mass merchants, specialty retailers, e-commerce
retailers, and in-home consultation firms. Custom coverings include
uncommon window covering sizes, such as extremely small (e.g., 9 inches
wide x 13 inches high), extremely large (e.g., 96 inches wide x 96
inches high), and other unusual sizes. Retail prices for custom-made
window coverings range from $25 to $900, but prices can be as high as
$5,000.\7\ Typically, retail prices for custom products exceed the
price of stock products of similar size and type. Retailers often
suggest in-home measuring and evaluation to estimate the price for
custom-designed products, because non-standard sizes or non-standard
window shapes, or motorized lift systems can require professional
installation. Prices for customized window coverings, on average, are
higher than similar stock products sold by mass retailers.
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\7\ Based on firms' websites, retail prices for custom-made
Roman shades can range from $300 to $5,000.
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7. Window Coverings in Use
CPSC staff created an estimate of custom window coverings in use
using multiple data sources. Estimates for the year 2019, are developed
from (1) estimates of U.S. residential housing units; (2) estimates of
the number of window coverings per housing unit; (3) estimates of the
proportion of window coverings in use, by type; (4) estimates of the
expected product life of window coverings; and (5) estimates of the
proportion of corded custom window coverings sold by type. Based on
U.S. Census estimates, approximately 124.1 million residential housing
units existed in the United States during the year 2019 (Census Bureau,
2019). Additionally, the D+R (2020) study estimated an average of about
8.17 window coverings per housing unit.\8\
[[Page 1020]]
The product of the number of housing units and the average number of
window coverings per housing unit suggests that about 1,014 million
window coverings may have been in use in the United States (124.1
million housing units x 8.17 window coverings per housing unit) during
2019.
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\8\ The D+R estimate uses a 2013 market characterization study
completed for the U.S. Department of Energy. The study included a
survey of 2,100 households in 13 cities across the United States to
collect a representative sample of data on household
characteristics, including number of windows, location of windows,
the types of window coverings installed, and operation.
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The distribution of the estimated 1,014 million window coverings in
use is created using the 2019 share of custom product sales to total
for each aggregate category.\9\ Application of the share of custom
product sales to the window coverings in use estimate, amounts to
approximately 111 million custom horizontal blinds, 213 million custom
shades, 10 million custom vertical blinds, and 179 million custom
curtains or drapery.\10\ Applying an estimate of 65 percent of custom
window covering products in use having operating and/or accessible
cords equates to an approximate total of 332.6 million corded custom
window coverings in use. As shown in Figure 7 below, staff estimates
that approximately 72 million corded custom horizontal blinds, 138.2
million corded custom shades, 6.4 million corded custom vertical
blinds, and 116.1 million corded custom curtains or drapery are in use
as of 2019.\11\
---------------------------------------------------------------------------
\9\ Installed base data for window covering products does not
differentiate between custom or stock products. A point estimate
created from one year of sales data may distort product in use
estimates if there are large fluctuations in sales due to consumer
preferences from year to year or if the expected product life of
custom products is substantially different than stock products.
\10\ Interior shutters are included in the total 1,014 million
window covering in use estimate, but because these products are out
of scope for the rule, they are not included in the regulatory
analysis later in this report.
\11\ This estimate has an implicit assumption that the share of
annual sales will equate to a similar share of product in use.
Changes in consumer preferences over time, and differences in the
expected product life between custom and stock products, could
result in significant deviations in this estimate.
Figure 7--Custom Window Coverings in Use
[2019]
----------------------------------------------------------------------------------------------------------------
Custom product
Product category Total product share of sales Custom product Corded custom
in use (2019) (%) in use product in use
[1] [2] [3] [4] [5]
[col. 2 x col. [col. 4 x 0.65]
3]
----------------------------------------------------------------------------------------------------------------
Horizontal Blinds, All Types................ 340.4 32.52 110.7 72.0
Shades, All Types........................... 300.9 70.66 212.6 138.2
Vertical Blinds............................. 168.2 5.82 9.8 6.4
Curtains & Drapes........................... 178.6 100.00 178.6 116.1
-------------------------------------------------------------------
Total................................... 1014 ............... 511.7 332.6
----------------------------------------------------------------------------------------------------------------
[[Page 1021]]
D. Hazards Associated With Window Covering Cords
Window coverings, depending on the type of accessible cords,
including operating cords (meaning pull cords and continuous loop
cords), inner cords, and lifting loops, can pose strangulation hazards
to children when they are accessible and long enough to wrap around a
child's neck. Figures 8, 9, and 10 below depict the strangulation
hazard for different window covering cord types.
[GRAPHIC] [TIFF OMITTED] TP07JA22.018
Children can strangle from mechanical compression of the neck when
they place a window covering cord around their neck. Strangulation due
to mechanical compression of the neck is a complex process resulting
from multiple mechanisms and pathways that involve both obstruction of
the airway passage and occlusion of blood vessels in the neck.
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
[[Page 1022]]
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 3kg to 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 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).
Based on CPSC staff's review of the incidents in section I.E of
this preamble, and Tab A of Staff's NPR Briefing Package, 16 of the 194
victims required hospitalization; six survived a hypoxic-ischemic
episode or were pulseless and in full cardiac arrest when found,
suffered severe neurological sequalae, ranging from loss of memory to a
long-term or permanent vegetative state, requiring tracheotomy and
gastrointestinal tube feeding. One victim, who remained hospitalized
for 72 days, was released from the hospital with 75 percent permanent
brain damage and is now confined to a bed.
Because a preexisting loop acts as a noose when a child's neck is
inserted, and death can occur within minutes of a child losing footing,
CPSC staff concluded that head insertion into a preexisting loop poses
a higher risk of injury than when a child wraps a cord around his or
her neck. However, both scenarios have been demonstrated to be
hazardous and have led to fatal outcomes, according to CPSC data.
E. Risk of Injury
The Commission's 2015 ANPR on Window Coverings presented incident
data covering the period 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, ANSI/WCMA-
2018 has removed hazardous operating cords and inner cords from stock
window coverings and removed hazardous inner cords for custom window
coverings. The incident data demonstrate that regardless of whether a
product is categorized as stock or custom, children are exposed to the
same risk of injury from accessible window covering cords.
CPSC staff reviewed the data related to window coverings from 2009
through 2020.\12\ Some of the data sources relied upon in this analysis
do not have data for 2020 available yet; for those sources, staff
included data for the latest available year, 2019. The following
analysis distinguishes between stock and custom window coverings,
whenever feasible. National estimates of deaths and injuries involving
window covering strangulations among children under 5 years of age are
associated with all types of window coverings, because the available
information does not allow the CPSC to distinguish product subtypes.
---------------------------------------------------------------------------
\12\ 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 2020. 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. 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). The appendix at the end of this
memorandum details information about the CPSC data sources and the
selection criteria used for this data search.
---------------------------------------------------------------------------
1. Incident Data From CPSC Databases
Based on newspaper clippings, consumer complaints, death
certificates purchased from states, medical examiners' reports,
hospital emergency department-treated injury reports, and in-depth
investigation reports, CPSC found a total of 194 reported fatal and
near-miss strangulations on window covering cords that occurred among
children 8 years old and younger from January 2009 through December
2020. These 194 incidents do not constitute a statistical sample of
known probability and do not necessarily include all window covering
cord-related strangulation incidents that occurred during that period.
However, these 194 incidents do provide at least a minimum number for
such incidents during that time frame.
Table 1a provides the breakdown of the incidents by year. Because
reporting is ongoing, the number of incidents presented here may change
in the future. Given that these reports are anecdotal, and reporting is
incomplete, CPSC strongly discourages drawing any inferences based on
the year-to-year increase or decrease shown in the reported data.
Table 1a--Reported Fatal and Near-Miss Strangulation Incidents Involving Window Covering Cords Among Children
Eight Years and Younger 2009-2020
----------------------------------------------------------------------------------------------------------------
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................................................... 9 5 4
2018................................................... 8 4 4
2019 *................................................. 11 4 7
[[Page 1023]]
2020 *................................................. 8 3 5
--------------------------------------------------------
Total.............................................. 194 89 105
----------------------------------------------------------------------------------------------------------------
Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: * indicates data collection is ongoing.
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 194 incident window coverings (26
percent) to be stock products, and 35 of the 194 (18 percent) were
identified as custom products; CPSC staff could not identify the window
covering type in the remaining 109 of the 194 (56 percent) incidents.
Table 1b--Reported Fatal and Near-Miss Strangulation Incidents Involving Stock/Custom/Unknown Types of Window
Covering Cords Among Children Eight Years and Younger 2009-2020
----------------------------------------------------------------------------------------------------------------
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) 6 (4/2) 9
2018................................... ................. 1 (0/1) 7 (4/3) 8
2019 *................................. 1(0/1) ................. 10 (4/6) 11
2020 *................................. ................. ................. 8 (3/5) 8
------------------------------------------------------------------------
Total.............................. 50 (20/30) 35 (14/21) 109 (55/54) 194
----------------------------------------------------------------------------------------------------------------
Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: * indicates data collection is ongoing.
Eighty-nine of the 194 incidents (46 percent) reported a fatality.
Among the nonfatal incidents, 15 involved hospitalizations (8 percent).
The long-term outcomes of these 15 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, 75 incidents (39
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. Overall, among the
incidents with gender information available, 66 percent of the children
involved were males, while 34 percent were females. One incident did
not report the gender of the child.
(a) Distribution of Reported Incidents by Window Covering and
Associated Cord Types
Based on CPSC staff's review of the incident data, listed below are
the most common types of window coverings among the 194 reported
incidents, along with the types of cords associated with each:
Horizontal Blinds (includes Venetian and mini blinds):
Associated cords: Continuous loop cord/beaded chain (free-standing,
i.e., not mounted on a tension device), inner cord, pull cord (with
loops or long cords), and tilt cord;
Vertical Blinds: Associated cords: Continuous loop cord/
beaded chain (free-standing);
Roman Shades: Associated cords: Continuous loop cord/
beaded chain (free-standing), inner cord, and pull cord (with loops or
long cords);
Roller Shades: Associated cords: Continuous loop cord/
beaded chain (free-standing);
Roll-Up Shades: Associated cords: Pull cord (with loops or
long cords) and lifting loop;
Other Shades (includes pleated, cellular-honeycomb):
Associated cords: Continuous loop cord/beaded chain (free-standing) and
pull cord (with loops or long cords);
Curtains/Draperies: Associated cords: Continuous loop
cord/beaded chain (free-standing).
(b) Incident Breakdown--Stock and Custom Window Coverings
CPSC staff definitively identified 50 of the 194 incidents that
involved stock window coverings in the period from 2009 through 2020.
Of the 50 incidents, 64 percent involved horizontal blinds; 28 percent
involved Roman shades; 4 percent involved roller shades; and 2 percent
involved roll-up shades and vertical blinds.
[[Page 1024]]
CPSC staff definitively identified 35 of the 194 incidents that
involved custom window coverings. Of the 35 incidents, 51 percent
involved horizontal blinds; 17 percent involved Roman shades; and 9
percent involved roller shades. Other shades, such as cellular and
pleated shades, together accounted for 11 percent of the incidents. Six
percent involved vertical blinds. For the remaining 6 percent of the
incidents involving custom products, staff did not have sufficient
information to determine the type of window covering. Table 2 provides
cross-tabulation of the incidents by window covering type and the
associated cord type involved in these 35 incidents.
Table 2--Distribution of Reported Incidents by Types of Window Coverings and Associated Cords Among Custom
Products: 2009-2020
----------------------------------------------------------------------------------------------------------------
Continuous
Pull loop cord/ Inner Lifting Tilt
cord beaded cord loop cord Unknown Total (%)
chain
----------------------------------------------------------------------------------------------------------------
Horizontal............................ 16 2 ....... ........ ....... ......... 18 (51%)
Roman................................. 1 2 3 ........ ....... ......... 6 (17%)
Roller................................ ....... 3 ....... ........ ....... ......... 3 (9%)
Other Shades.......................... 1 3 ....... ........ ....... ......... 4 (11%)
Vertical.............................. ....... 2 ....... ........ ....... ......... 2 (6%)
Unknown............................... ....... ........... ....... ........ ....... 2 2 (6%)
-------------------------------------------------------------------------
Total............................. 18 12 3 ........ ....... 2 35 (100%)
----------------------------------------------------------------------------------------------------------------
Source: CPSC databases CPSRMS and NEISS. Percentages may not add to 100 due to rounding.
For most of the reported incidents (109 out of 194), CPSC staff did
not have enough information available to determine if the window
covering was a stock or custom product. Among these reported incidents,
32 percent involved horizontal blinds; 7 percent involved vertical
blinds; 5 percent involved roll-up shades; roller shades and Roman
shades were each involved in 4 percent of the incidents; and draperies
and other shades (pleated/cellular) were each involved in 3 percent of
the incidents. For a large proportion, 43 percent, CPSC staff could not
determine the type of window covering based on the available data.
(c) Distribution of Fatal Incidents by Window Covering and Associated
Cord Types
Of the 194 reported incidents, 89 involved a fatality. Of the 89
deaths, 43 involved horizontal window coverings; 10 involved vertical
window coverings; and 7 involved Roman shades. For 13 fatalities, staff
does not know the window covering type. When separated by the known
stock versus custom products, horizontal blinds were involved in the
most fatalities. Figure 11 shows the breakouts by window covering types
for all 89 reported fatalities, as well as among the known stock and
custom products separately. Figure 11 also illustrates the distribution
of these fatal incidents by types of window coverings.
[[Page 1025]]
[GRAPHIC] [TIFF OMITTED] TP07JA22.019
(d) Most Common Cord Types and Associated Hazards Resulting in
Fatalities
Whether considering stock, custom, or unknown-if-stock-or-custom
products, CPSC found that the pull/operating cord system is the single
most hazardous scenario among the reported fatal incidents. Thirty-nine
of the 89 (44 percent) fatalities involved a child getting entangled in
such pull cords; continuous loops were next, with 23 of the 89 (26
percent) fatalities. Inner cords ranked next, accounting for 7 of the
89 (8 percent) fatalities.
(i) Pull Cords: In 37 of the 39 known pull cord fatalities, the
pull cords were components of horizontal blinds. Of these 39 deaths, 38
occurred before implementation of the 2018 voluntary standard affecting
stock products. Although reporting is ongoing, so far, one fatality has
been reported in 2019, but none in 2020. Among the 39 fatalities, CPSC
identified 7 incidents involving custom products, and 12 involving
stock products; staff could not differentiate the remaining 20
incidents' window coverings in terms of being stock or custom products.
Hence, the effects, if any, of the 2018 voluntary standard on these
products have yet to be reflected in the data.
A closer look at pull cord-related incidents revealed several ways
in which children have strangled. Figure 12 presents the distribution
of the pull cord-related fatalities by the common modes of
entanglement.
Loops created by knotted or tangled cord: CPSC's review
revealed that before the incidents, the pull cords had been tied
together, or had been coiled and tucked away (out of children's reach),
but later became accessible. When pull cords were tied together, a loop
was created above the knot where the cords were tied, and that is where
the child later became entangled. When the cords were coiled, the cords
also became tangled and created a loop, which later acted as a noose.
Among all 39 pull-cord-related fatal incidents, 18 out of 39 (46
percent) occurred on loops created by knotted or tangled cords.
One or more long cords that the child wrapped around their
neck: In these scenarios, the child had wrapped the long pull cord(s)
multiple times around the neck. When the child fell, or tried to pull
away from the window covering, the cord pulled back, causing the child
to strangle or nearly strangle. Among all pull cord-related fatal
incidents, this category included 11 of the 39 (28 percent) pull cord
fatalities.
Loop above a single tassel or a stop ball of the cord:
Some pull cords consist of multiple cords that hang from the window
covering's head rail and are joined at a point, by a plastic or wooden
tassel, or by a stop ball. In such configurations, a loop exists above
the tassel. In the cases reviewed, CPSC determined that these loops,
when accessible to a child, acted as a noose where the child was
caught. Four of the 39 (10 percent) pull cord-related fatal incidents
involved this scenario.
[[Page 1026]]
Pull cord tied to an object: CPSC determined that in one
of the 39 (3 percent) pull cord-related fatal incidents, pull cords
were tied to a cord cleat, creating a u-shape on the cords where the
child was strangled.
Unknown manner: Five of the 39 (13 percent) pull cord-
related fatal incidents did not report sufficient information to allow
CPSC staff to determine the manner in which the child was entangled.
[GRAPHIC] [TIFF OMITTED] TP07JA22.020
(ii) Continuous Loop Cords: CPSC identified continuous loop cords
or beaded chains that were not mounted with a tension device or that
broke loose from a tension device at the time of the incident, to be
the next major type of cord in which children become entangled.
Vertical blinds and curtains/drapes are the predominant types of window
covering associated with strangulations on continuous loops. Some of
the incident reports mentioned the child's prior interest in wearing
the beaded chain as a necklace. Among the 89 fatalities, 23 reported
this type of operating mechanism.
(iii) Inner Cords: Inner cords on horizontal blinds and/or Roman
shades are the third major type of cord in which children become
entangled. In these scenarios, the child pulled out the inner cord from
between the slats of the horizontal blinds or from behind the Roman
shades, which were in the lowered position. Subsequently, the child got
caught in the loop created by the pulled-out portion of the inner cord.
In some Roman shade incidents, children inserted their heads into the
opening between the inner cord and the shade material. Seven of the 89
fatalities involved inner cords.
(iv) Other Cords: Among the less-prevalent cord types, the lifting
loop of a roll-up blind was involved in four fatalities. Children
inserted their heads or arms into the lifting loop that came off the
roll-up material, resulting in the strangulation incidents. Tilt cords
that are used to swivel the slats on a horizontal blind were involved
in an additional two fatal incidents.
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's (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. The latest year for which mortality data are
available is 2019; as such, CPSC derived the strangulation fatality
estimates for 2009 through 2019, which is a slightly different time
frame than that used for the incident data from the CPSC databases.
Based on CPSC staff's review of the death certificates maintained
in the CPSRMS database, staff identified three ICD10 codes that are
likely to be used for classification of strangulation fatalities:
W75 (accidental suffocation and strangulation in bed),
W76 (Other accidental hanging and strangulation), and
W83 (Other specified threats to breathing).
Among these three ICD10 codes, W76 appeared to be the most commonly
used to classify strangulation deaths.
Using the ICD10 code value of W76, CPSC staff identified a total of
256 strangulation fatalities among children under age 5 in the
multiple-cause mortality data from the NCHS from 2009 through 2019,
which yields an annual average of 24 deaths (rounded up to the nearest
integer). Two hundred and fifty-six strangulation fatalities are most
likely an underestimate of all strangulation deaths, because CPSC staff
did not use the other two ICD10 codes (W75 and W83) in the search of
this data source. An unknown proportion of strangulation deaths are
likely coded under ICD10=W75, as well as ICD10=W83, which cannot be
distinguished from the non-strangulation deaths--because of the
unavailability of any narrative description--in this data and added to
the total. Hence, staff's annual average estimate of 24 strangulation
deaths is a minimum.
A CPSC report by Marcy et al.,\13\ which reviewed CPSC databases in
[[Page 1027]]
2002, found that 35 percent of all strangulation fatalities among
children less than 5 years old were associated with window covering
cords. Assuming that this 35 percent proportion applies to the entire
period 2009 through 2019, CPSC staff estimates that, on average, a
minimum of 9 strangulation fatalities (35 percent of the unrounded
average annual death estimate of 23.27) occur annually on window
covering cords among children under 5 years of age. Again, the estimate
is rounded up to an integer. Figure 13 presents the yearly details. The
Commission seeks comments on the estimated strangulations by window
coverings.
---------------------------------------------------------------------------
\13\ N. Marcy, G. Rutherford. ``Strangulations Involving
Children Under 5 Years Old.'' U.S. Consumer Product Safety
Commission, December 2002.
[GRAPHIC] [TIFF OMITTED] TP07JA22.021
(b) Estimates of Window Covering Cord-Related Strangulation Injuries
Treated in Hospital Emergency Departments
Based on the emergency department-treated injury data (NEISS), the
aggregated estimated injuries to children 8 years of age and younger,
who were entangled on window covering cords in the period 2009 through
2020, fell below the NEISS reportable threshold.\14\ The injury
estimates for individual years are even smaller, which makes any trend
analysis unfeasible. However, we combined the 34 injury reports from
NEISS with the incident data for the analysis of anecdotal data in
section I.E.1 of this preamble. CPSC staff set the upper limit for the
age selection criterion for NEISS data at 8 years old, whenever
feasible, because of multiple incident reports received by CPSC staff
that involved children up to that age.
---------------------------------------------------------------------------
\14\ According to the NEISS publication criteria, an estimate
must be 1,200 or greater, the sample size must be 20 or greater, and
the coefficient of variation must be 33 percent or smaller.
---------------------------------------------------------------------------
F. ANSI/WCMA-2018 History and Description
CPSC staff began working with the Window Covering Manufacturers
Association (WCMA) in 1995 on an American National Standards Institute
(ANSI) voluntary standard to address the strangulation hazard to young
children from accessible cords on window coverings. WCMA published the
first version of the ANSI standard in 1996. The 1996 standard sought to
prevent strangulation incidents created by looped cords by requiring
either: (1) Separate operating cords, or (2) a cord release device on
multiple cords ending in one tassel. The standard also required a
tension device that would hold the cord or bead loop taut, when
installed according to manufacturer's instructions.
In 2001 and in 2002, CPSC staff sent letters to the WCMA asking for
revisions to the 1996 standard, including the addition of inner cord
stops and the elimination of free-hanging cords or bead chains longer
than the neck circumference of a fifth percentile 7- month to 9-month-
old child.\15\ In August 2002, the published ANSI standard required
inner cord stops. In 2007, the published ANSI standard required that
tension devices partially limit the consumer's ability to control the
blind if the tension device is not properly installed. In 2009 and
2010, WCMA published provisional voluntary standards to address hazards
associated with Roman shades.
---------------------------------------------------------------------------
\15\ See https://www.cpsc.gov/Regulations-Laws--Standards/Voluntary-Standards/Window-Blind-Cords.
---------------------------------------------------------------------------
In November 2010, CPSC held a public meeting regarding window
coverings, and WCMA announced that it would establish a steering
committee to oversee the activities of six task groups, including one
intended for operating pull cords and another for continuous loops. On
December 20, 2011, WCMA balloted the proposed revisions to the
voluntary standard, and on February 6, 2012, staff sent WCMA a letter
providing comments on the
[[Page 1028]]
proposed revision.\16\ In these comments, CPSC staff reiterated that
the hazardous loop determination should be made for all cords and that
the length of an accessible operating cord should not be longer than
the neck circumference of the youngest child at risk. In addition,
staff raised concerns about the inability of tension devices to
eliminate effectively or reduce significantly the risk of strangulation
under certain foreseeable-use conditions.
---------------------------------------------------------------------------
\16\ Letter can be found at: https://www.cpsc.gov/s3fs-public/pdfs/blk_media_wcma02_07_12.pdf.
---------------------------------------------------------------------------
In November 2012, the WCMA announced the approval of the 2012
version of the ANSI/WCMA standard, which included: (1) Requirements for
durability and performance testing of the tension/hold down devices,
including new requirements for anchoring; (2) specific installation
instructions and warnings; (3) new requirements for products that rely
on ``wide lift bands'' to raise and lower window coverings; (4)
requirements for a warning label and pictograms on the outside of stock
packaging and merchandising materials for corded products; and (5)
expanded testing requirements for cord accessibility, hazardous loop
testing, roll-up style shade performance, and durability testing of all
safety devices. A revised ANSI/WCMA A100.1 American National Standard
for Safety of Corded Window Covering Products was approved on July 21,
2014, which included an editorial change.
On July 22, 2014, CPSC staff sent a letter to the WCMA, requesting
that the WCMA reopen the ANSI standard to address the hazard related to
pull cords and continuous loops, which are the predominant hazard types
in the incidents reported to CPSC.\17\ Staff suggested proposed
language for a revision to the voluntary standard and asked that WCMA
consider including the language in the standard. On August 29, 2014,
WCMA responded that the association would begin the process of opening
the ANSI/WCMA window covering standard. On August 2, 2016, CPSC staff
hosted a WCMA technical meeting. At the meeting, WCMA committed to
revising the voluntary standard to require no operating cords, short
cords that cannot form a hazardous loop, or inaccessible cords,
recognizing that there will be exceptions to these requirements. WCMA
said that they would be exploring segmentation approaches, such as
product categories, operating systems, applications and uses,
distribution channels (e.g., stock versus custom), location in home;
and size, weight, and geometry of the product and ability of the
products to be readily adaptable to new technologies. WCMA also
committed to submitting a revised draft standard for ANSI to ballot by
the end of 2016.
---------------------------------------------------------------------------
\17\ Letter can be found at:
https://www.cpsc.gov/s3fs-public/pdfs/blk_media_WCMALtr22July2014.pdf.
---------------------------------------------------------------------------
Throughout FY 2017, staff participated in WCMA steering committee
meetings, and also participated in the stock/custom definitions and
warning labeling task groups. ANSI published a revision to the window
coverings standard, ANSI/WCMA A100.1-2018, on January 8, 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.
This NPR is based on the most recent version of the voluntary
standard, ANSI/WCMA-2018, which 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).
Although manufacturers of custom window coverings can opt to meet
the operating cord requirements for stock window coverings (sections
4.3.2.1 through 4.3.2.3 for custom window coverings are identical to
4.3.1.1 through 4.3.1.3), consumers can still purchase corded window
coverings if they custom order the product (sections 4.3.2.4 through
4.3.2.6). Table 3 demonstrates the operating cord systems allowed on
custom window coverings that are not allowed on stock window coverings
in ANSI/WCMA-2018.
[GRAPHIC] [TIFF OMITTED] TP07JA22.022
Section 4.3.2 of ANSI/WCMA-2018 contains additional revised default
requirements for custom products, including:
(1) Operating cords must have a default length of 40 percent of the
blind height (previously unlimited) (4.4);
(2) a wand is the default option for tilting slats (instead of a
cord) (4.4.1.1); and
[[Page 1029]]
(3) warning labels must depict more graphically the strangulation
hazard associated with cords (5.1).
In 2018, staff participated in various task group meetings to
develop requirements for rigid cord shrouds. Section 3, definition 2.09
of ANSI/WCMA-2018 defines a ``cord shroud'' as ``a device or material
added to limit the accessibility of a cord or formation of a Hazardous
Loop.'' A ``rigid cord shroud'' is not defined in the voluntary
standard, but it is a hard material that encases an operating cord to
prevent a child from accessing the cord inside the device. The
requirements developed by the ANSI task group would clarify ``rigid''
by confirming that a cord shroud is rigid enough to ensure that the
shroud cannot be wrapped around a child's neck or won't form a u-shape
because of attaching the free end of the shroud to the wall (similar
hazards to a single cord). CPSC staff is not aware of incidents related
to current products with rigid cord shrouds and advises that cord
shrouds that meet the proposed modifications to the ANSI/WCMA standard
will address the strangulation hazard posed by accessible cords.
The task group, including CPSC staff, worked from March through
December 2018, to develop draft language to test rigid cord shrouds,
but WCMA has not balloted the requirements. The tests developed for
rigid cord shrouds ensure the stiffness and integrity of the shroud.
CPSC staff advises that the allowed deflection (1 inch for every 19-
inch length of rigid cord shroud) for a rigid cord shroud under the
test is reasonable. The axial torque test method simulates a child
twisting the rigid cord shroud to determine if a cord becomes
accessible. The torque is based on the mean wrist twisting strength of
2- to 5-year-old males, using a vertically positioned 20 mm-diameter
knob, which is 4.4 inch-pound (DTI, 2002). If the cord is accessible,
then the device is not considered a rigid cord shroud. Accordingly, the
Commission proposes a ``rigid cord shroud'' definition and test method
in this NPR. Tab H of Staff's NPR Briefing Package, and section IV.C of
this preamble, contain the proposed language related to cord shrouds,
which is based on the work of the ANSI task group.
On March 12, 2019, staff participated in a WCMA steering committee
meeting. The purpose of the meeting was to gather feedback on the new
requirements that went into effect in December 2018, and to discuss
potential proposals for the standard, which WCMA committed to open in
mid-June 2019. During the meeting, the attendees agreed on the need for
more education for online sellers regarding distinguishing stock and
custom products, such as a guidance document for online sellers.
Additionally, CPSC staff provided ideas for the next revision of the
standard for the committee to consider, including: (1) Segmenting
custom products by size and/or type to meet stock product requirements;
(2) considering cord retractors for custom products as an option (which
is not allowed for stock products); (3) investigating complete
inoperability of the product if a tension device is not installed
(current requirement is partial inoperability); and (4) considering
cordless systems as default operating system for custom orders.
On May 16, 2019, staff sent a letter to WCMA, requesting
segmentation of custom window coverings by size and/or type, and
applying the requirements for stock products to these segments of
custom products; presenting the cordless/short cords/inaccessible cords
as the default operating system for custom products as an interim
measure, as well as interrupting the ordering process with an alert on
hazardous cords if a consumer wants to switch to a corded system;
balloting the rigid cord shroud requirement that was finalized by the
task group; reaching out to online sellers and developing a guidance
document for online sellers; and clarifying whether the standard
applies to curtain and drapery products.\18\
---------------------------------------------------------------------------
\18\ See https://www.cpsc.gov/Regulations-Laws--Standards/Voluntary-Standards/Window-Blind-Cords.
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WCMA responded to CPSC staff on August 12, 2019 and stated that
they have put on hold the planned revision of ANSI/WCMA standard
because the Government of Canada published a new regulation on corded
window coverings. WCMA explained that stock products that do not have
operating cords but have inner cords that cannot form a hazardous loop,
would not comply with the Canadian regulation because of the new
regulated pull force applied to the inner cord. WCMA also stated that
the force applied to the inner cord under the Canadian regulation is
not applied to test for a hazardous loop; rather, it is applied to
determine the force required to raise the product, which is completely
contrary to the hazard scenario and is causing considerable confusion
within the U.S. and Canadian manufacturing sectors. WCMA reassured CPSC
staff that they were still moving forward with balloting the rigid
shroud language for the standard.
In November 2019, WCMA sent a letter to CPSC staff about the
amendment in the fiscal year 2020 Operating Plan, asking staff to
assess what further revisions are needed to the American National
Standard for Safety of Corded Window Covering Products (ANSI/
WCMA[hyphen]2018), specifically for custom products. WCMA requested
that CPSC staff use input from the technical experts at the WCMA's
member companies during the upcoming study and in drafting the report
to provide the Commission with a comprehensive and balanced review. The
letter stated that WCMA will also proceed with balloting the rigid
shroud language for the standard that was developed and agreed upon by
the technical working group.
On February 3, 2020, staff sent a letter to WCMA, outlining staff's
recommendations for future improvements to the standard, and included a
request to reopen the standard and discuss staff's recommendations.\19\
Staff reiterated their belief that substantial improvements have been
made to the latest version of the standard, particularly on stock
window coverings; however, staff asserted, expanding the requirements
to custom corded window coverings would improve window covering safety.
In September 2021, staff sent another letter to WCMA, urging WCMA to
apply the stock product requirements in ANSI/WCMA-2018 to custom window
coverings, as well as to ballot the rigid cord shroud language
developed and agreed upon by the technical working group.
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\19\ Letter can be found at the following link: https://www.cpsc.gov/s3fs-public/CPSC-Staff-Letter-to-WCMA-Feb-2020.pdf?TZtarOeedGSVnaPzS5dHOEKpKz7f3N24.
---------------------------------------------------------------------------
Section II of this preamble assesses the adequacy of requirements
for operating cords on stock and custom window coverings in ANSI/WCMA-
2018 to address the hazards associated with corded window coverings.
Based on staff's assessment, the Commission finds that ANSI/WCMA-2018
adequately addresses the risk of strangulation on operating cords for
stock window coverings, by removing operating cords, ensuring that they
are inaccessible to children, or by making them too short for a child
to wrap around his or her neck. However, as shown in Table 3, the
Commission finds ANSI/WCMA-2018 does not adequately address the risk of
injury associated with operating cords on custom window coverings,
because custom products can still be sold to consumers with hazardous
operating cords.
[[Page 1030]]
G. Commission Efforts To Address Hazardous Window Covering Cords
1. Petition and Rulemaking
Since the mid-1990s, CPSC staff has been engaged with the voluntary
standards body urging changes to the ANSI/WCMA standard to reduce the
risk of injury associated with window covering cords. On October 8,
2014, the Commission granted a petition to initiate a rulemaking to
develop a mandatory safety standard for window coverings.\20\ The
petition sought 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.
---------------------------------------------------------------------------
\20\ 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://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/PetitionRequestingMandatoryStandardforCordedWindowCoverings.pdf on
(cpsc.gov).
---------------------------------------------------------------------------
On January 9, 2015, the Commission voted to approve publication in
the Federal Register of the ANPR for corded window coverings. 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. The Commission 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.A of this preamble, the revised version
of 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 proposed rules:
(1) This NPR under sections 7 and 9 of the CPSA, to require that custom
window coverings sold 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; and (2) in a
separate, concurrent rulemaking under section 15(j) of the CPSA, the
Commission is proposing to deem an SPH, as defined in section 15(a)(2)
of the CPSA: (a) The presence of hazardous operating cords on stock
window coverings, (b) the presence of hazardous inner cords on stock
and custom window coverings, or (c) the absence of a required
manufacturer label.
2. Window Covering Recalls
During the period from January 1, 2009 to December 31, 2020, CPSC
conducted 42 consumer-level recalls, including two recall
reannouncements. 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,\21\
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.
---------------------------------------------------------------------------
\21\ 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). An exact number of
recalled products was not stated in the recall announcements.
---------------------------------------------------------------------------
II. Assessment of Operating Cord Requirements for Stock and Custom
Window Coverings
Based on CPSC staff's engineering and human factors assessments of
the voluntary standard, set forth in Tabs G and I of Staff's NPR
Briefing Package, the NPR requires that operating cords on custom
window coverings meet the same requirements for operating cords on
stock window coverings, as provided in section 4.3.1 of ANSI/WCMA-2018.
In this section of the preamble, we provide an overview of the
operating cord requirements for stock and custom window coverings in
ANSI/WCMA-2018 and in other international standards; assess the
adequacy of these requirements to address the risk of strangulation to
young children; and explain why the Commission proposes to require that
custom window coverings meet the same operating cord requirements as
stock window coverings.
A. Engineering Assessment of Operating Cord Requirements in ANSI/WCMA-
2018
1. Stock Window Coverings
Requirements for operating cords on stock window coverings in ANSI/
WCMA-2018 are adequate to address the risk of injury associated with
window coverings. Staff analyzed the incident data, which indicated
that the largest proportion of deaths, irrespective of window covering
type, involved operating cords (most frequently tangled or knotted
cords, followed by cord(s) wrapped around the child's neck). The
voluntary standard recognizes that long and accessible cords can pose a
strangulation hazard. ANSI/WCMA-2018 defines the ``operating cord'' as
the portion of a cord that the user interacts with and manipulates to
move the window covering in a certain direction (e.g., lifting or
lowering, traversing, rotating). If a child wraps a long operating cord
around their neck or inserts their neck into a cord loop created by the
design of the window covering or by tangled cords, the child can
strangle to death within minutes. ANSI/WCMA-2018 provides three ways
that a stock window covering can comply with the standard to reduce or
eliminate the risk of children strangulating on operating cords:
a. No Operating Cords (section 4.3.1.1). Having no operating cords
effectively eliminates the strangulation hazard associated with
operating cords because there is no cord to cause strangulation.
Consumers use a mechanism, other than an operating cord, to accomplish
the desired movement action on the product (i.e., lifting, lowering,
traversing). For example, a spring mechanism on a horizontal blind
allows the user to lift and lower the blind via bottom rail of the
window covering.
b. Short Cord with a Length Equal to or Less Than 8 Inches in Any
State (section 4.3.1.2). Based on the anthropometric dimensions of the
youngest child involved in an incident, a static cord length of 8
inches or shorter is insufficient to strangle a child,
[[Page 1031]]
because the neck circumference of a fifth percentile 6- to 9-month-old
child is 8 inches (BSI, 1990, as cited in Norris and Wilson, 1995).
Because a child would need some extra length of cord to hold the cord
out and wrap it around their neck, staff calculated that a cord must be
longer than 8 inches to cause strangulation.
c. Inaccessible Operating Cords Determined Per the Test Requirement
in Appendix C of the ANSI/WCMA-2018 (section 4.3.1.3). If a window
covering has an operating cord that is longer than 8 inches, ANSI/WCMA-
2018 requires that the cord must be inaccessible to children. Having
inaccessible cords effectively eliminates the strangulation hazard
associated with operating cords, because the child is unable to access
a cord to cause strangulation. Accordingly, this requirement is tested
using a probe that is intended to simulate the finger size of a young
child; the diameter of the probe is 0.25 inches, based on fifth
percentile 2- to 3.5-year-old's index finger diameter (Snyder et al.,
1977) at 0.33 inches and the off-the-shelf availability of a 0.25-inch
diameter dowel pin. If the probe cannot touch the operating cord, the
cord is then deemed inaccessible, pursuant to ANSI/WCMA-2018.
Staff is unaware of a stock window covering for sale in the United
States that has an inaccessible operating cord, as described in section
4.3.1.3 of ANSI/WCMA-2018. For products sold in other countries that
meet the inaccessibility requirement, the test in the voluntary
standard is met by using a rigid cord shroud that encapsulates the
operating cord. Figure 14 displays an example of a rigid cord shroud.
In Figure 14, the accessibility probe cannot touch the operating cord
because it is surrounded by the cord shroud. Therefore, the window
covering in Figure 14 meets section 4.3.1.3 of ANSI/WCMA-2018, because
the operating cord is inaccessible.
[GRAPHIC] [TIFF OMITTED] TP07JA22.031
CPSC concludes that ANSI/WCMA-2018 adequately addresses the
strangulation hazard posed by accessible operating cords on stock
window covering products, because the standard either eliminates
accessible operating cords, or limits the length of the cord so that it
is too short for a child to strangle.
2. Custom Window Coverings
Requirements for operating cords on custom window products in
section 4.3.2 of ANSI/WCMA-2018 do not adequately address the risk of
strangulation to children 8 years old and younger, because ANSI/WCMA-
2018 allows hazardous operating cords if window coverings are custom
ordered. Of the 35 custom window covering incidents reviewed by staff,
30 of the 35 (86%) incidents were related to operating cords (including
pull cords and continuous loops). CPSC staff advises that had the
requirements in section 4.3.1 of the ANSI/WCMA standard for operating
cords on stock products been in effect for custom window coverings, the
requirements would have prevented 100 percent of the incidents
involving operating cords on custom window coverings. However, the
requirements in section 4.3.2 of ANSI/WCMA-2018 do not address the
custom window covering incidents associated with accessible operating
cords.
The 2018 version of the voluntary standard added two new
requirements for custom window coverings to mitigate the hazard: (1)
Default maximum operating cord length of 40 percent of the blind height
when the product is fully lowered, and (2) default tilt wand option for
tilting slats instead of a cord. However, ANSI/WCMA-2018 still allows
hazardous operating cords to be part of the window covering design for
custom products, which can comply with ANSI/WCMA-2018 using one of the
following methods, all of which pose strangulation risks:
(a) Accessible Operating Cords longer than 8 inches (section
4.3.2.6). By allowing operating cords on custom window coverings to
exceed 8 inches in length, ANSI/WCMA-2018 creates a continuing
unreasonable risk of injury to children 8 years old and younger.
Section 4.3.2.6 of ANSI/WCMA-2018 allows hazardous operating cords,
meaning operating cords that are long enough to be wrapped around a
child's neck, or multiple cords that can become tangled and create a
loop large enough for a child to insert their head. Even though ANSI/
WCMA-2018 attempts to reduce the strangulation risk by shortening the
default length of the cord to 40 percent of the window covering's
length (section 4.4) and specifying the tilt wand as the default option
versus tilt cords (section 4.4.1.1), as explained in Tab I of Staff's
NPR Briefing Package, and in section II.C of this preamble, the risk
associated with operating cords remains.
(b) Continuous Loop Operating System (section 4.3.2.5). This
operating system requires that the operating loop be kept taut with a
tension device. However, as observed in the incident data, a child can
still insert his/her head into the continuous loop if it is not taut
enough; in addition, as explained in Tab I of Staff's NPR Briefing
Package, and in section II.C of this preamble, tension devices may not
be attached to the wall, which results in a free loop on the product.
CPSC staff identified 23 fatal strangulations involving a continuous
corded loop on a product without a functional tension device. CPSC is
aware of cord or bead-chain restraining devices intended to be
integrated into the window covering, and that do not need to be
attached on the wall to keep the loop taut. According to the standard,
these devices are required to meet durability, UV stability, and impact
testing, and the devices must pass the hazardous loop testing procedure
to confirm that they do not create a hazardous loop from an accessible
continuous operating cord. CPSC requests comments on the adequacy of
these devices to reduce or eliminate the strangulation hazard
associated with custom window coverings.
(c) Single Retractable Cord Lift System (section 4.3.2.4). This
method of complying with ANSI/WCMA-2018 allows an operating cord on a
custom window covering to be pulled at any length to operate the window
covering, and then retracts to a shorter length when the user releases
the cord. Staff advises that retractable cord lift systems with an
extended cord greater than 8 inches, and a low-retraction force to
sustain that length, could allow a child to manipulate the cord and
wrap the cord around his/her neck. Accordingly, the retractable cord
requirement, as written, in ANSI/WCMA-2018 for operating cords on
custom window coverings is not adequate to address the risk of injury,
because the maximum cord length and a minimum pull force required to
operate the system is not specified in the standard. CPSC requests
comments on whether additional requirements for retractable cords, such
as a maximum exposed cord length and a minimum pull force for a single
retractable cord lift system, can address the strangulation hazard.
[[Page 1032]]
Based on staff's analysis, the Commission concludes that ANSI/WCMA-
2018 does not adequately address the strangulation hazard posed by
accessible operating cords on custom window coverings, because the
standard allows these products to have one or more operating cords that
is longer than 8 inches, and the standard allows custom products to
have continuous-loop operating systems.
3. Window Covering Technologies
Stock window coverings currently on the market, as well as a
substantial portion of custom window coverings, implement safer
technologies to address the hazards identified in the incident analysis
review. These products include, but are not limited to, cordless window
coverings, window coverings with rigid cord shrouds, and cordless
motorized window coverings.
Operating cords can be made inaccessible with passive guarding
devices. Passive guarding devices allow the user to operate the window
covering without the direct interaction of a hazardous cord. These
types of window coverings use rigid cord shrouds, integrated cord/chain
tensioners, or crank mechanisms.
Cordless blinds can be raised and lowered by pushing the bottom
rail up or pulling the rail down. This same motion may also be used to
adjust the position of the horizontal slats for light control. Through
market research, CPSC staff found several examples of cordless blinds
that are made with a maximum height of 84 inches and a maximum width of
144 inches.
Rigid cord shrouds can be retrofitted over various types of window
coverings to enclose pull cords and continuous-cord loops. A rigid cord
shroud allows the user to use the pull cords while eliminating access
to the hazardous cords. CPSC staff worked with WCMA and other members
from March through December 2018, to develop draft requirements to test
the stiffness of ``rigid cord shrouds,'' by measuring the deflection
and deformation.\22\ In December 2018, WCMA sent the agreed-upon
language for rigid cord shrouds to the members; however, the language
was never balloted. This NPR includes requirements for rigid cord
shrouds, based on the previously developed test, so that custom window
coverings can use a rigid cord shroud to comply with the proposed rule
through inaccessibility of the operating cord.
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\22\ The 2018 standard tests rigid cord shrouds for UV stability
and impact.
---------------------------------------------------------------------------
The proposed rigid cord shroud requirements in the NPR include two
tests: The ``Center Load'' test and the ``Axial Torque'' test, to
ensure the stiffness and the integrity of the shroud so that the
enclosed operating cord does not become accessible when the shroud is
twisted. The Center Load test verifies the stiffness of the cord
shroud, by measuring the amount of deflection in the shroud when both
ends are mounted, and a 5-pound force is applied at the mid-point. This
test ensures that the shroud is not flexible enough to wrap around a
child's neck. The Axial Torque test verifies that the cord shroud's
opening does not enlarge to create an accessible cord opening when the
shroud is twisted. Tab H of Staff's NPR Briefing Package contains
additional detail on the requirement. The Commission solicits comments
on the proposed test methods set forth in the proposed regulatory text.
Crank mechanisms (Figure 15) can replace the continuous-loop
mechanism with a crank/wand. Because the operating cord is replaced
with a wand, the strangulation hazard is completely removed.
[GRAPHIC] [TIFF OMITTED] TP07JA22.023
Finally, cordless motorized blinds can be raised and lowered using
an electric motor with a supplied controller. These window coverings
function similarly to the motorized projector screens. Because these
window coverings use a motor instead of a pull cord, they do not
contain exposed hazardous operating cords.
B. Assessment of International Standards for Window Covering Operating
Cords
The 2015 ANPR identified three jurisdictions that specify
requirements for the safety of window coverings: (1) Australia, (2)
Canada, and (3) Europe. Australia has a Trade Practices (Consumer
Product Safety Standard- Corded internal Window coverings) Regulation
2010 F2010C00801. Europe has the EN: 13120 Internal Blinds--Performance
requirements, including safety, EN 16433 Internal Blinds--Protection
from strangulation hazards- test methods, and EN 16434 Internal
Blinds--Protection from strangulation hazards--Requirements and Test
methods for safety devices. Canada previously had the Corded Window
Covering Products Regulation SOR/2006-112. Since the ANPR, the Canadian
standard was revised to SOR/2019-97.
[[Page 1033]]
ANSI/WCMA-2018 is more stringent than Australia Regulation, 2010
F2010C00801, or EN 13120, EN 16433, or EN 16434. However, ANSI/WCMA-
2018 is not as stringent as the new Canadian regulation, SOR/2019-97.
Canada's window covering regulation states that any window covering
cord that can be reached must be too short to wrap around a 1-year-old
child's neck (i.e., not more than 22cm (8.66 inches) in length) or form
a loop that can be pulled over a 1-year-old child's head (i.e., not
more than 44cm (17.32 inches) in circumference). Canada's regulation
also requires that all window coverings meet one of the following
conditions:
Section 4: The cord shall be unreachable/inaccessible.
Section 5 and 6: Reachable/accessible cords shall be 22 cm
(8.66 inches) or less when pulled with 35N (7.87 lbf).
Section 7: Reachable/accessible looped cords shall be 44
cm (17.32 inches) or less in perimeter when pulled with 35N (7.87 lbf).
Both the Canadian standard and the ANSI/WCMA stock window covering
requirements do not permit a long accessible operating cord. The
Canadian standard is more stringent, however, because the Canadian
standard applies to both stock and custom products, while the ANSI/WCMA
standard contains separate requirements for stock and custom products,
which allows long, accessible operating cords on custom products.
Although the Canadian standard is similar to the ANSI/WCMA's stock
window covering requirement, there are some differences. For example,
ANSI/WCMA-2018 and the Canadian standard take a different approach to
the definition of ``Accessible Cord.'' Section 3, definition 2.01 of
ANSI/WCMA-2018 defines an ``accessible cord'' as a cord that can touch
a cord accessibility probe and a cord shroud accessibility probe.
Section 1 of the Canadian regulation states that a ``reachable/
accessible cord'' is:
the part of the cord that any person can touch when the corded
window covering has been installed whether the window covering is
fully opened, fully closed or in any position in between.
This definition of ``accessible cord'' in the Canadian standard is
subjective because the definition applies to a person with unspecified
measurements who shall be able to reach a cord. The definition of
``accessible cord'' in ANSI/WCMA-2018 uses a performance requirement
with accessibility probes based on the dimension of a child's fingers.
The approach in ANSI/WCMA-2018 is more stringent than the Canadian
standard because it requires a test that is not subjective and that
provides consistent results when tested.
C. Human Factors Assessment of Operating Cord Requirements in ANSI/
WCMA-2018
Operating cord requirements for stock window coverings in section
4.3.1 of ANSI/WCMA-2018 effectively eliminate the strangulation hazard
associated with operating cords. However, operating cord requirements
for custom window coverings in section 4.3.2 of ANSI/WCMA-2018 allow
operating cords to meet one of the three requirements for operating
cords on stock window coverings in section 4.3.1 of the standard
(cordless, inaccessible, or 8 inches or shorter) to comply, but the
standard also allows operating cords that have accessible cords that
are longer than 8 inches, such as single retractable cord lift systems,
continuous loop operating systems, and standard operating systems.
Thus, the ANSI standard allows free-hanging and accessible cords on
custom window coverings that do not eliminate the strangulation hazard
associated with operating cords.
1. Default Requirements for Custom Operating Cords Allow Accessible
Cords
In the earlier versions of the ANSI/WCMA standard, the standard
contained no specified length for operating cords. However, ANSI/WCMA-
2018 provides the following two new requirements for custom window
coverings, which are intended to reduce the hazard associated with
free-hanging and accessible operating cords:
Section 4.4 of ANSI/WCMA-2018 requires that the default
cord length should be no more than 40 percent of the product height
when the window covering is fully lowered. The exception is when a
custom length is required to ensure user accessibility. Figure 16 shows
the length of operating cords that are longer than 40 percent of
product height and shorter cords that comply with this new requirement.
Section 4.4.1 requires that a wand tilt be the default
operating system, and cord tilt be an allowable customer option (Figure
16). The length requirement in section 4.4 still applies to tilt cords.
[GRAPHIC] [TIFF OMITTED] TP07JA22.024
[[Page 1034]]
CPSC has concerns with operating cords that comply with the
requirements in sections 4.4 and 4.4.1 because:
The length of operating cords can still be hazardous when
the window covering is fully lowered. First, a child can wrap the cord
around their neck; only about 8 inches of cord is enough to encircle
the child's neck.\23\ Additionally, multiple cords can tangle and
create a loop in which a child can insert his/her head; a loop with a
circumference of about 17 inches is sufficient for child's head to
enter.\24\ Figure 17 shows these two scenarios.
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\23\ Neck circumference of fifth percentile 6-9-month-old
children is 8 inches (BSI, 1990 as cited in Norris and Wilson,
1995.)
\24\ Head circumference of fifth percentile 6-9-month-old
children is 16.5 inches (Snyder et al., 1977).
[GRAPHIC] [TIFF OMITTED] TP07JA22.025
Operating cord(s) will get longer as the window covering
is raised, making it easier for a child to access and manipulate the
hazardous operating cord.
If the cord tilt option is chosen, the cord tilt can also
be long enough to be wrapped around a child's neck or be tangled and
create a loop in which a child's head can enter.
Consumers can easily change the default options during the
custom order process, thus maintaining the ability to choose an
accessible operating cord that exceeds 8 inches long, posing a
strangulation hazard.
Incident data show that children have strangled on operating cords
in various ways. As reported in the incident data in section I.E of
this preamble, and Tab A of Staff's NPR Briefing Package, custom window
coverings were involved in at least 35 incidents. Table 4 shows how
children accessed window covering cords. In 14 incidents, the child
climbed on an item including couch, chair, toy chest or dog kennel and
accessed the cord. In four cases, a child was on a sleeping surface,
including a bed (2), playpen, and a crib. In six incidents, a child was
able to get to the cord from the floor.
Table 4--Child's Interaction Scenario in Incidents Associated With
Custom Products
------------------------------------------------------------------------
Number of
Scenario incidents
------------------------------------------------------------------------
Climbed on an item to reach the cords................... 14
On floor................................................ 6
On bed, in playpen or crib.............................. 4
Unknown................................................. 11
---------------
Total............................................... 35
------------------------------------------------------------------------
The incident data demonstrate that accessible cords that are longer
than 8 inches are hazardous. For example, the data show that even if
operating cords are kept close to the window covering head rail with
some means, children climb and access the cords. Additionally, a
significant number of operating pull cord incidents occurred in fully
or partially raised window coverings, which essentially reduces the
benefit of having a default length of 40 percent of the window covering
height in fully lowered position of the window covering, because the
cords will get longer as the product is raised.\25\ Based on these
data, CPSC concludes that even though the requirements in sections 4.4
and 4.4.1 of the ANSI standard attempt to reduce the strangulation
hazard associated with accessible and hazardous operating cords, these
requirements are still inadequate, because they continue to allow
accessible and long cords to be part of the window covering.
---------------------------------------------------------------------------
\25\ A total of 36 out of 46 pull cord incidents when position
of the window covering was known have occurred with partially or
fully raised window covering (1996 to 2016 incidents.)
---------------------------------------------------------------------------
2. Warning Labels in ANSI/WCMA-2018, Alone, Are Inadequate To Address
the Strangulation Hazard Associated With Operating Cords
The ANSI/WCMA-2018 standard requires that corded custom window
covering products have warning labels regarding the strangulation
hazard to children, as summarized below:
A generic warning label must be permanently attached to
the bottom rail, including a pictogram depicting the hazard of a cord
wrapped around a child's neck. The content explains the strangulation
hazard and what consumers need to do to avoid the hazard (keeping cords
out of children's reach, shortening cords to prevent reach, moving crib
and furniture away.)
A similar warning label must be placed on product
merchandising materials which includes, but is not limited to, the
sample book and the website (if the website is relied upon for
promoting, merchandising, or selling on-line).
A warning tag containing a pictogram and similar text as
above must be placed on accessible cords, including operating cords,
tension devices that are intended to keep
[[Page 1035]]
continuous loops taut, and on inner cords of a roll up shade.
Formatting of warning labels in the ANSI standard is required to
follow ANSI Z535 standards, which are the preeminent set of standards
to develop safety labels.\26\ This includes a signal word (``Warning'')
in all uppercase letters measuring not less than \5/16\ in (8 mm) in
height and preceded by an ANSI safety alert symbol (an equilateral
triangle surrounding an exclamation point) of at least the same size,
the rest of the warning message text be in both uppercase and lowercase
letters, with capital letters measuring not less than \1/8\ in (3 mm).
A Spanish version of the label is also required.
---------------------------------------------------------------------------
\26\ The ANSI Z535 Series provides the specifications and
requirements to establish uniformity of safety color coding,
environmental/facility safety signs and communicating safety
symbols. It also enables the design, application, use and placement
of product safety signs, labels, safety tags and barricade tape.
---------------------------------------------------------------------------
Among the 35 incidents involving custom products, at least 19
included a permanent label. Table 5 shows the presence of the labels on
the incident units.\27\ The presence of the label was unknown in 10
incidents, and no label was reported in 6 incidents. In some cases,
parents reported that they were aware of the cord hazard, but never
thought their child would interact with them; in a few cases, parents
were aware of the operating cord hazard but not the inner cord hazard.
In some cases involving bead chains, parents thought that the connector
clip on the bead chain loop was supposed to break away. None of the
incident units had a hang tag. One unit had the hang tags tucked into
the head rail, which was discovered when the unit was removed.
---------------------------------------------------------------------------
\27\ In two cases, staff examined exemplar units.
Table 5--Presence of Permanent Warning Labels in Incident Units
------------------------------------------------------------------------
Number of
Permanent label present incidents
------------------------------------------------------------------------
Yes..................................................... 18
Mostly peeled off....................................... 1
No...................................................... 6
Unknown................................................. 10
---------------
Total............................................... 35
------------------------------------------------------------------------
Research demonstrates that consumers are less likely to look for
and read safety information about the products that they use frequently
and are familiar with (Godfrey et al., 1983). Given that many of the
window covering incidents occurred on products with at least the
permanent label attached on the bottom rail, and the high likelihood
that consumers have window coverings in their homes and almost
certainly use them daily, and thus have high familiarity, even well-
designed warning labels will have limited effectiveness in
communicating the hazard on this type of product.
Based the forgoing research and the incident data, warning labels
are unlikely to effectively reduce the strangulation risk due to
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.
3. Safety Devices Are Inadequate To Address the Risk of Strangulation
ANSI/WCMA-2018 requires that custom products with accessible
operating cords include cord cleats with instructions for use and
mounting. The standard also requires that custom products with a
continuous loop operating system contain a cord tension device. Figure
18 shows examples of cord cleats and tension devices.
[GRAPHIC] [TIFF OMITTED] TP07JA22.026
(a) Tension Devices
ANSI/WCMA-2018 requires that a tension device be attached to the
cord or bead chain loop by the manufacturer and also requires a
sequential process or tools to be removed, which essentially means that
consumers would have to go through multiple steps or need to use a tool
such as a screwdriver to remove the tension device. Unless installed or
altered from the shipped condition, the voluntary standard also
requires window coverings to be designed so that they are prevented
from operating, at least partially, unless the tension device is
properly installed. The standard also requires that the tension device
be supplied with fasteners and instructions and meet the durability
test requirements.
CPSC has concerns with using safety devices to reduce the risk of
strangulation for several reasons. Securing safety devices goes beyond
the installation of the window covering itself, which increases the
``cost of compliance'' that is the time and effort to use the product.
Also, safety devices, such as tension devices, usually require drilling
holes on the wall or windowsill that may not be permissible for renters
and may not be desirable by homeowners.
Among the 35 incidents involving custom products, 12 had continuous
loop cords or bead chains. In one incident, the child was able to
insert his head through the loop even though the tension device was
attached to the wall, originally installed by a professional. In 2
incidents, a tension device was attached to the cord but not to the
wall. In one incident, a tension device broke prior to the incident. In
4 incidents, staff confirmed that a tension device was not installed.
The remaining 4 incidents contained no mention of tension device.
[[Page 1036]]
(b) Cord Cleats
While the tension device is intended to prevent the window covering
at least ``partially'' from operating, cord cleats have no impact on
the operation of the window covering. Even when a cord cleat is
installed, the consumer must wrap the cord around the cleat every time
the product is raised or lowered to mitigate the strangulation hazard,
which means that the user's active involvement is necessary every time.
Further, cord cleats can be accessed by a child if he/she climbs up. In
one incident, although caregivers normally wrapped the cord around the
cleat, on the day of the incident, cords were not wrapped, and the
child accessed the cords after climbing on a couch.
(c) Consumer Perception of Safety Devices
Some consumers may believe that because they either do not have
young children living with them or visiting them, installation of the
safety devices is unnecessary. However, window coverings last a long
time, and when homes are sold or new renters move in, the existing
window coverings, if they are functional, usually remain installed and
could be hazardous to new occupants with young children.
CPSC issued a contract to investigate the effectiveness of safety
devices in reducing the risk of a child's access to hazardous cords and
loops on window coverings. Westat conducted research under Contract
CPSC-Q-15-0064.\28\ The research objective was to provide CPSC with
systematic and objective data on the factors that impact installation,
use, and maintenance of window covering safety devices; assess how
these factors impact the likelihood of correct installation, use, and
maintenance; and identify how the factors relate to the goal of
reducing children's access to hazardous cords and loops on window
coverings. Westat reviewed the window coverings and safety devices
available in brick-and-mortar and online stores; performed task
analysis to identify key issues and specific questions to be addressed
in the focus groups; developed materials and procedures for the focus
groups; and conducted the focus groups. Major findings from the study
point to:
---------------------------------------------------------------------------
\28\ https://cpsc.gov/s3fs-public/Window%20Coverings%20Safety%20Devices%20Contractor%20Reports.pdf.
---------------------------------------------------------------------------
(i) A general awareness about cord entanglement among caregivers,
which does not translate to precautionary action, due partly to the
insufficient information provided at the point of sale;
(ii) Lack of awareness of the speed and mechanism of the injury
that may lead to caregivers' underestimating the importance of
providing an adequate level of supervision;
(iii) Difficulty using and installing safety devices as primary
reasons for not using them; and
(iv) Inability to recognize the purpose of the safety devices
provided with window coverings.
In general, participants in the Westat study preferred a cordless
window covering or a passive mechanism, which does not require
intentional action by the user. Westat concluded that there could be
benefits from enhancing the public's awareness and understanding of the
unique nature of incidents (e.g., speed, mechanism) and explaining a
child's vulnerability in all rooms in the home, and that providing
specific information at the point of sale, could be partially helpful.
However, Westat stated that these improvements would be incremental,
and that increasing the use of cordless window coverings would be
needed to achieve significant benefits.
4. Relying on Parental Supervision Is Inadequate To Address the Risk of
Strangulation
CPSC has recognized cords on window coverings as a hidden hazard
for many years. Strangulation with cords requires only a few minutes.
Because even young children are left unsupervised for a few minutes or
more in a room that is considered safe, such as a bedroom or family
room, parental supervision is unlikely to be effective to eliminate or
reduce the hazard. Children can wrap the cord around their necks,
insert their heads into a cord loop and get injured, or die silently in
a few minutes in any room, with or without supervision.
Even when supervision is present, the level of supervision varies
and distractions and other limitations to supervision exist. For
example, CPSC has incident reports involving five near-fatal
strangulations, in which the parent was either nearby or in the same
room and was able to rescue the child before the child lost
consciousness.\29\ Among the 35 incidents involving custom products,
incident location was known in 33 incidents. In 18 incidents, a child
was in a room shared by the family members such as a family room,
living room, and sunroom. Eleven of 18 incidents were not witnessed,
whereas 5 were witnessed by an adult, 2 incidents occurred in the
company of other children. Almost all the incidents (14/15) that
occurred in a bedroom were unwitnessed, including one victim's father
sleeping in the same room; only one was witnessed by another child, a
5-year-old (Table 6). Out of the 14 fatalities, 13 were not witnessed,
whereas, out of the 21 nonfatal incidents, 12 were not witnessed.
---------------------------------------------------------------------------
\29\ Video capturing a child's entanglement in the cords at
https://www.youtube.com/watch?v=2s6nBgy3MJA, accessed on 8/13/2021.
---------------------------------------------------------------------------
Research supports these observations. People cannot be perfectly
attentive, particularly over long periods of time, regardless of their
desire to do so (Wickens & Hollands, 2000). Caregivers are likely to be
distracted, at least occasionally, because they must perform other
tasks, are exposed to more salient stimuli, or are subject to other
stressors, such as being responsible for supervising more than one
child. In fact, research by Morrongiello and colleagues (2006)
indicates that older toddlers and preschool children (2 through 5 years
old) are regularly out of view of a supervising caregiver for about 20
percent of their awake time at home, and are completely unsupervised
(i.e., the parent was not listening to or watching what the child was
doing at all) for about 4 percent of awake time in the home. The most
common rooms in which children were left alone and unsupervised were
the living or family room and the bedroom.
Table 6--Location of Incidents and Whether the Incidents Were Witnessed
------------------------------------------------------------------------
Location Fatal Nonfatal
------------------------------------------------------------------------
Bedroom:
Witnessed by children............... 1 ..............
Not witnessed....................... 8 6
Family/Living/Dining room:
Witnessed by Adult.................. .............. 5
[[Page 1037]]
Witnessed by children............... .............. 2
Not witnessed....................... 5 6
Unknown................................. .............. 2
-------------------------------
Grand Total......................... 14 21
------------------------------------------------------------------------
5. Assessment of Operating Cord Requirements for Window Coverings
CPSC staff evaluated the requirements that apply to operating cords
on stock window coverings in section 4.3.1 of ANSI/WCMA-2018 (no
operating cords, short operating cords 8 inches or shorter, or
inaccessible operating cords determined per the test requirement in
Appendix C of ANSI/WCMA-2018). Having no operating cords effectively
eliminates the strangulation hazard associated with operating cords
because there is no cord to cause strangulation; therefore, this is an
adequate requirement. Having a short cord that does not exceed 8 inches
of length in any position of the window covering also effectively
eliminates the strangulation hazard associated with operating cords;
the neck circumference of fifth percentile 6-9-month-old children is 8
inches (BSI, 1990 as cited in Norris and Wilson, 1995), therefore this
is an adequate requirement. Ensuring that the operating cords are
inaccessible is another adequate requirement. This requirement is
tested in ANSI/WCMA-2018 using a probe that is intended to simulate the
finger size of a young child. The diameter of the probe is 0.25 inches,
based on fifth percentile 2-3.5-year old's middle index finger diameter
(Snyder et al., 1977.) at 0.33 inches and the off-the-shelf
availability of a 0.25-inch diameter dowel pin. If the probe cannot
touch the cords, the cord is then deemed inaccessible. Staff assessed
that child anthropometry and strength related inputs to develop these
requirements are adequate to address the strangulation risk associated
with hazardous cords.
Staff assessed the operating cord requirements on custom window
coverings, which are different than those required on stock window
coverings in section II.A of this preamble and Tab G of Staff's NPR
Briefing Package. Based on the staff's assessment, the Commission
proposes to require the same requirements for operating cords on stock
and custom window coverings to effectively eliminate the unreasonable
risk of strangulation associated with operating cords on custom window
coverings.
6. Addressability of Incidents With the Proposed Rule
CPSC received reports of 194 incidents that reportedly occurred
from January 2009 through December 2020. Staff identified 35 of these
incidents as having occurred with a custom window covering; 50 with
stock window covering, and in 109 cases, there was not enough
information to identify whether the incident unit was stock or custom
window covering. Out of the 35 custom window covering incidents, a
continuous loop was involved in 12 incidents; operating cords,
including tilt cords, were involved in 19 incidents; 3 incidents
involved inner cords; and 2 incidents involved an unknown cord type.
The stock window covering requirements in ANSI/WCMA-2018 adequately
address both the continuous loops and operating cords by removing cords
entirely, making them inaccessible, or by requiring them to be no
longer than 8 inches. All three of the inner cord incidents have
reportedly occurred on custom Roman shades that did not comply with the
requirements in the standard; if the products had complied with the
voluntary standard, staff concludes that those incidents would have
been prevented. Moreover, as reviewed in section II.E of this preamble
and Tab E of Staff's NPR Briefing Package, new window coverings
substantially comply with the inner cord voluntary standards.
All 30 incidents associated with operating cords and continuous
loops (out of 35 total incidents involving custom products, with the
others including 3 that involved inner cords and 2 unknown) would have
been prevented if the custom window covering complied with the
requirements for stock window coverings in the ANSI/WCMA standard. The
three inner cord related incidents would have been prevented if the
incident units complied with the existing standard. Therefore, if the
custom window covering complied with the recommended requirements, 86
percent (30/35) of the custom product incidents would have been
addressed in addition to the 8.6 (3/35) percent of the inner cord
incidents that would be addressed by complying with the voluntary
standard. Given that all accessible and hazardous cords are effectively
addressed with the recommended requirements, the remaining 5.4 percent
of the incidents (which represented 2/35 incidents for which the
involved cord type was unknown) would also be addressed.
Even though a large portion of the reported incidents did not have
sufficient information to categorize the incident product as stock or
custom, all of the hazard patterns involving unknown stock or custom
product incidents (109) would also be addressed for future products if
the Commission issues a final rule for operating cords on custom window
coverings. If the unknown products are stock products, such products
would be part of the market we now find to be substantially compliant
with ANSI/WCMA-2018. If the unknown products are custom products, they
would comply with the rule for operating cords on custom products. The
hazard associated with inner cords is addressed by compliance with the
ANSI standard; the Commission finds that all stock and custom products
substantially comply with ANSI/WCMA-2018.
7. Accessibility Concerns
Some manufacturers, including WCMA, have expressed concern about
users with a disability, who may not be able to reach cordless window
coverings to successfully operate the product, and urge that these
consumers still need a corded product. However, CPSC staff advises that
various tools exist on the market designed to make the operation of the
window coverings easier and accessible to consumers in a variety of use
locations. For example, extension poles are already available for
window coverings that are out of reach, such as poles for skylights and
cordless products (Figure 19). Wands are also available to make it
easier for users to
[[Page 1038]]
operate it with a power grip instead of a pinch grip (Figure 20).
---------------------------------------------------------------------------
\30\ Mention of trade names or products does not constitute
endorsement or recommendation for use, nor does it imply that
alternative products are unavailable or unable to be substituted
after appropriate evaluation. The products are identified here to
describe the concept of accessibility tools. Such identification is
not intended to imply recommendation or endorsement by the U.S.
Consumer Product Safety Commission nor is it intended to imply that
the products identified are necessarily the best available for this
purpose.
[GRAPHIC] [TIFF OMITTED] TP07JA22.027
8. Information and Education
Since the first safety alert was issued in 1985, CPSC has been
warning parents of the danger of child strangulation due to corded
window coverings. Every October, CPSC participates jointly with Window
Covering Safety Council (WCSC) in National Window Covering Safety Month
to urge parents and caregivers to check their window coverings for
exposed and dangling cords and to take precautions. Both CPSC and WCSC
recommend cordless window coverings at homes where young children live
or visit.
In addition to traditional communication methods, CPSC reaches out
to consumers using social media, such as safety blogs and online chats,
to create awareness of the hazards associated with corded window
coverings. Staff has not assessed the effectiveness of these public
education campaigns, but given the long history on window covering
safety campaigns, the campaigns have had limited impact.
D. Performance Requirements for Operating Cords on Custom Window
Coverings
ANSI/WCMA-2018 contains strong requirements for operating cords on
stock window coverings. Stock window coverings on the market
demonstrate the feasibility of safer technologies to meet these
requirements. Due to the ongoing window covering cord incidents, high
severity of the outcomes, proven technical feasibility, and the
ineffectiveness of warnings and safety devices for this class of
products, CPSC proposes in this NPR to require that operating cords on
custom window coverings be identical to the requirements for operating
cords on stock window coverings, as set forth in section 4.3.1 of ANSI/
WCMA-2018. Section 4.3.1 of ANSI/WCMA-2018 requires that operating
cords be cordless, inaccessible, or 8 inches or shorter.
Additionally, this NPR includes a rigid cord shroud requirement
based on the WCMA Rigid Cord Shroud Task
[[Page 1039]]
Group's work that was never balloted.\31\ Implementing the rigid cord
shroud requirements would allow custom window coverings to meet the
mandatory rule by using a rigid cord shroud to make an operating cord
inaccessible.
---------------------------------------------------------------------------
\31\ Although staff has never seen a stock product with a rigid
cord shroud, staff encourages WCMA to revise the voluntary standard
to include this requirement for stock and custom products.
---------------------------------------------------------------------------
E. Window Coverings Substantially Comply With the Voluntary Standard
The Commission has several bases to determine preliminarily that
window coverings substantially comply with the requirements for
operating cords in ANSI/WCMA-2018.\32\ 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 all manufacturers is that, to sell
window coverings in the United States, compliance with the standard is
mandatory.
---------------------------------------------------------------------------
\32\ CPSC staff observes some decline in pediatric incident data
that suggests compliance with the voluntary standard is effective at
reducing the number of incidents (see Tab A of Staff's NPR Briefing
Package for CPSRMS and NCHS data). We expect a similar trend to
continue for stock products given the substantial improvements made
to the standard in 2018. However, because window coverings are used
for many years, and will be replaced over time with safer products
that conform to the voluntary standard, several more years of
incident data are required to more definitively demonstrate a
reduction in incidents.
---------------------------------------------------------------------------
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 stated that 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, including: Length of
operating cords 40 percent longer than the window covering length, with
no accompanying specific customer request; lack of warning label; lack
of manufacturer label; lack of hang tag; and use of a cord tilt,
instead of wand tilt, without an accompanying specific customer
request. Staff found one location with a noncomplying stock window
covering. This stock window 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 preliminarily 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.
III. Response to Comments on the ANPR
On January 16, 2015, the Commission published an ANPR to initiate
rulemaking and seek information and comment on regulatory options for a
mandatory rule to address the risk of strangulation to young children
on window covering cords. The comment period on the ANPR was scheduled
to end on March 17, 2015. However, in a letter dated February 2, 2015,
WCMA requested a 75-day extension of the comment period to complete
multiple studies that WCMA commissioned. The Commission granted WCMA's
request to extend the comment period for the ANPR until June 1, 2015.
CPSC received 1,010 comments during the comment period: 748 were in
favor of a mandatory rule, 254 were against a mandatory rule, and eight
had no clear opinion.
As reviewed in this preamble, since the public comment period on
the ANPR closed in 2015, the ANSI/WCMA standard has substantially
improved to effectively address the strangulation risk associated with
stock window coverings. Accordingly, many of the comments on the ANPR
have been obviated by updates to the ANSI/WCMA standard, and
specifically by the requirements for operating cords on stock window
coverings and requirements for inner cords on stock and custom window
coverings. Below we summarize the comments received on the ANPR and
provide responses to the issues raised in the comments.
A. General Support or Opposition for a Mandatory Standard
Comment 1: Seven hundred and forty-eight (748) commenters expressed
general support for the rulemaking effort, some stating that given the
hidden nature and severity of the risk, a mandatory standard is
necessary. Two hundred and fifty-four (254) commenters submitted
comments disagreeing with the proposed rulemaking, with most suggesting
that a regulation will have a negative impact on the window covering
industry.
Response 1: Although the Commission supports the changes to the
ANSI/WCMA standard, as evidenced by the proposed rule under section
15(j) of the CPSA; an unreasonable risk of injury remains with
operating cords on custom window coverings. Accordingly, we support a
mandatory rulemaking to address this unreasonable risk of injury.
Window coverings should be inherently safe and should not require
consumer intervention due to the silent, quick, and hidden nature of
the strangulation hazard. Since the ANPR was published in 2014, 37
children have died by strangulation on a window covering cord.
B. Voluntary Standard
Comment 2: Several commenters expressed support for the voluntary
standard and felt that working through the voluntary standards process
to develop requirements for window coverings would create a more robust
standard. Other commenters stated that a mandatory standard is
necessary to address the strangulation hazard because decades have gone
by and the
[[Page 1040]]
number of deaths and permanent injuries associated with window covering
cords remain consistent. These commenters noted that voluntary
standards have failed to effectively address the strangulation hazard
for nearly 20 years.
Response 2: CPSC staff worked closely with WCMA since 1995 to
develop and revise the ANSI/WCMA A100.1 standard. Since the public
comment period on the ANPR closed in 2015, the WCMA steering committee
developed and published improvements to the voluntary standard, with
substantial improvements in the 2018 revision to effectively address
the strangulation risk associated with stock window coverings. For
stock window coverings, the ANSI/WCMA standard requires: no operating
cords, inaccessible cords, or short static cords that do not exceed
eight inches in length. As detailed in this NPR briefing package, CPSC
staff assesses that the requirements for operating cords on stock
window coverings, and the requirements for inner cords on stock and
custom window coverings, in ANSI/WCMA are adequate to address the risk
of strangulation. However, ANSI/WCMA-2018 does not adequately address
the hazard associated with operating cords on custom window coverings.
Given the availability of technologies applicable to both stock and
custom window coverings, and the identical hazard patterns associated
with cords on stock and custom window coverings, custom window
coverings can be made as safe as stock window coverings to address the
strangulation risk to children, by complying with the same operating
cord requirements as stock window coverings. We agree with commenters
regarding the timing concern, given that it took 22 years to get to an
effective voluntary standard for cords on stock window coverings. Based
on this experience, CPSC staff does not recommend delaying a rule to
address operating cords on custom window coverings, to wait for the
ANSI/WCMA standard to address these operating cords, and we concur.
C. Hazard Communication: Warnings, Public Awareness, and Education
Comment 3: At least twelve commenters suggested that the Commission
should rely on warning labels and educational campaigns to address the
strangulation hazard. At least seven commenters stated that warning
labels and educational efforts were tried, did not work, and are
insufficient to address the strangulation risk.
Response 3: Section II.C of this preamble and Tab I of Staff's NPR
Briefing Package discuss the reasons that warnings are unlikely to
adequately address the strangulation hazard associated with window
covering cords. Briefly, warning labels are not likely to be effective
on products that consumers use frequently and are familiar with,
because consumers are less likely to look for and read safety
information. Most of the incident window coverings that CPSC reviewed
had a permanent warning label on the product. Even well-designed
warning labels will have limited effectiveness in communicating the
hazard on this type of product.
However, public awareness is a crucial component in making safe
purchasing decisions and safely using window coverings at home. Public
information campaigns are on-going. For example, CPSC and the Window
Covering Safety Council (WCSC) have joined forces to raise awareness
regarding the strangulation risks presented by window covering cords.
Since 2003, October has been designated ``Window Covering Safety
Month'' by CPSC and the Window Covering Safety Council (WCSC).
Currently, CPSC does not have information to evaluate the effectiveness
of public information campaigns on reducing the risk of injury
associated with corded window coverings. However, CPSC has conducted
information and education campaigns for several decades on the hazards
associated with corded window coverings; these efforts have had limited
effectiveness in reducing injuries and deaths. Accordingly, the
Commission will not rely solely on education campaigns to address the
risk of injury and will move forward with rulemaking.
D. Off-the-Shelf Products
Comment 4: At least two commenters suggested that off-the-shelf
window coverings carry higher risks, because consumers install many
window coverings incorrectly. One of these commenters suggested that
consumers typically do not read the installation instructions and are
not familiar with safety devices, such as cord cleats. Another
commenter suggested that stock window coverings are more dangerous than
custom window coverings because stock window coverings can have longer
lengths of accessible pull cords than custom window coverings, stock
window covering customers are less likely to get safety information,
and stock window coverings are likely to be installed by consumers who
may be unfamiliar with the hazard.
Response 4: Based on CPSC staff's assessment, the Commission has
determined that the requirements for stock window coverings in the 2018
version of the ANSI/WCMA standard adequately and effectively address
the operating and inner cord strangulation hazards associated with
stock products. The standard requires that stock window coverings have:
No operating cords, cords shorter than 8 inches, or inaccessible cords.
The standard similarly requires that if inner cords are present, they
either be inaccessible, or too short to create a loop large enough to
insert a child's head.
The Commission agrees that consumer installation issues should not
make window coverings less safe. For example, ANSI/WCMA-2018
requirements for corded stock window coverings are not dependent on
installation, and the requirements do not rely on safety devices.
However, ANSI/WCMA-2018 still relies on safety devices, such as cord
cleats and tension devices, to address the strangulation hazard on
custom window coverings. Because consumers can choose corded options
that rely on the installation of external safety devices, and diligent
monitoring and use of safety devices required of consumers, custom
window coverings are now less safe than stock window coverings under
the ANSI/WCMA standard.
Although the Commission agrees that consumers may not be as
knowledgeable about safety devices as professional installers, most of
the custom products involved in incidents were installed by
professionals, and yet still lacked safety devices. Educating consumers
is important to reduce the risk associated with the corded window
coverings already installed in consumers' homes. However, manufacturing
inherently safe custom window coverings that are on par with the stock
window coverings that are compliant with ANSI/WCMA-2018 will have a
more substantial impact on safety, as stock window coverings now do not
have to rely on additional, consumer behavior-related measures to make
the window covering safe.
E. Impact on Elderly and Disabled Consumers
Comment 5: At least eight commenters suggested that cordless
products will be difficult to use for those consumers who cannot reach
window coverings to operate the product.
Response 5: Although some users have challenges reaching products
at a height, CPSC staff advises that various tools are currently
marketed for hard-to
[[Page 1041]]
reach locations, such as skylights. Section II.C of this preamble and
Tab I of Staff's NPR Briefing Package provide examples of these tools.
Currently available tools and devices can be used to reach custom
window coverings, and for stock window coverings such tools are already
being used for this purpose. Some consumers are likely to choose window
coverings operated via remote control.
F. Parental Responsibility
Comment 6: At least 27 commenters suggested that parents are
responsible for supervising their children around corded window
coverings to prevent injuries.
Response 6: Strangulation by window covering cords requires only a
few minutes to occur, and it happens silently. As explained in section
II.C of this preamble and in Tab I of Staff's NPR Briefing Package,
parental supervision is unlikely to be effective at eliminating or
reducing the strangulation hazard, because even young children are left
unsupervised for a few minutes or more in a room that is considered
safe, such as bedroom or family room. A more effective solution to the
window covering cord hazard is to ensure that window coverings do not
have hazardous cords.
G. Rental Leases and Real Estate Documents
Comment 7: At least 30 commenters suggested some means of informing
or addressing the corded window covering hazard in rental units. Some
commenters suggested disclosing the hazards associated with corded
window coverings to inform renters. Other commenters suggested that
rental units should replace existing corded window coverings with newer
and safer window coverings. Some commenters were concerned that tenants
may not have the option to replace corded window coverings. At least 34
commenters suggested requiring the disclosure of the presence of corded
window coverings in real estate documents.
Response 7: The Commission shares the commenters' concerns
regarding window coverings included in rental units where tenants with
young children may not have the option of choosing safer window
coverings. Moreover, the real estate sales process is an obvious
opportunity to inform buyers about the dangers associated with corded
window coverings, or to remove and replace the hazardous corded window
coverings. However, CPSC does not have jurisdiction to regulate rental
homes or real estate sales. Rather, the Commission regulates consumer
products, wherever consumers may use such products (homes, schools, in
recreation, or otherwise). State and local authorities likely have the
authority to regulate what types of defects must be disclosed in real
estate documents and in rental home transactions, and some states
already have regulations in place to address window covering cords in
certain settings, such as daycare centers.
H. Cost of Safer Products
Comment 8: At least 35 commenters stated that safer window
coverings might be too expensive for some consumers, because
regulations will increase the cost of window coverings, and motorized
window coverings cost much more than corded products. At least 108
commenters suggested that safe alternatives to corded window coverings
currently exist but are unaffordable. At least 71 commenters stated
that the price of cordless window coverings will drop due to regulation
and competition.
Response 8: Safer stock window coverings that comply with ANSI/
WCMA-2018 are currently widely available for sale in the United States.
Based on a review of currently available window covering products
completed by D+R International, nearly all available stock window
coverings in 2021 are cordless. Based on the D+R International (2020)
study, sales of stock window coverings have remained consistent.
Corded products are now only available for custom window coverings.
Custom window coverings have typically been more expensive than stock
window covering counterparts because consumers can special order sizes,
colors, and shapes. As described in the preliminary regulatory
analysis, section V and in Staff's NPR Briefing Package, if this rule
is finalized, retail prices for custom products are expected to
increase by an average of at least 4 percent, price increase will vary
based on product type. Any custom window covering that cannot meet the
requirement in the rule for an inaccessible or short operating cord
must stop offering the product, incorporate a cordless lift system, or
use a motorized lift system.
Based on a review of currently available custom products, motorized
lift systems may be prohibitively expensive for many consumers and can
exceed the cost of the window covering in some circumstances. If a
motorized custom window covering is prohibitively expensive, consumers
will likely substitute the window covering for another type (i.e.,
using curtains instead of Roman shades), purchase a less expensive
stock window covering (which already complies with ANSI/WCMA-2018), or
purchase a cordless custom window covering with manual operation. If
operating cords on custom window coverings must comply with the
proposed rule, consumers will still have affordable window covering
options.
I. Incentives for Manufacturers
Comment 9: One commenter suggested that CPSC incentivize
manufactures to design safer, durable, solutions for window coverings
through grants and awards. Another commenter suggested that individuals
and small companies need to be incentivized to create new products and
systems without the need for high-cost research.
Response 9: CPSC does not currently have the resources to offer
grants, subsidies, or awards to firms for development of safer window
covering products.
J. Detailed Cost-Benefit Analysis
Comment 10: At least three commenters suggested that CPSC must
prepare a detailed cost and benefit analysis.
Response 10: CPSC staff developed a preliminary regulatory
analysis, as required by the CPSA, with a preliminary description of
the potential benefits and potential costs of the proposed rule,
including any benefits or costs that cannot be quantified in monetary
terms, and an identification of those likely to receive the benefits
and bear the costs. Section V of this preamble and Tab K of Staff's NPR
Briefing Package contain this preliminary regulatory analysis.
K. Small Versus Large Businesses
Comment 11: One commenter stated that larger corporations that
manufacturer ``hard'' window coverings would have an unfair advantage
over smaller manufacturers of ``soft'' window coverings if the CPSC
issues a mandatory regulation for window coverings, because hard window
coverings could more easily comply with a mandatory rule.
Response 11: Stock window coverings that comply with ANSI/WCMA-2018
are available in both soft and hard types, and implementation of safer
window covering technologies has been proven for both types of window
coverings. As stated in the Initial Regulatory Flexibility Analysis for
custom window coverings, section VI of this preamble and Tab J of
Staff's NPR Briefing Package, CPSC expects significant cost impacts on
small manufacturers of custom products, but these costs are not
[[Page 1042]]
limited to small manufacturers of certain window covering types. The
cost impacts of a rule on operating cords for custom window coverings
vary by product type. However, CPSC expects that small manufacturers of
all custom window covering product types will have significant cost
impacts (i.e., those that exceed 1 percent of annual revenue)
associated with the mandatory rule.
L. Product Options
Comment 12: At least 40 commenters suggested that consumers may
want to have different options to serve their different window covering
needs, and that reducing options that are available to consumers is not
preferable.
Response 12: Stock products currently on the market that comply
with ANSI/WCMA-2018 are available in a variety of materials, sizes, and
types to meet consumer needs. Based on the currently available window
covering operating systems, the only product type that is unlikely to
keep the traditional design and still meet the proposed rule would be
roll-up style shades, as they are lifted and lowered using lifting
loops that are accessible and hazardous. The window covering industry
is innovative; roll-up shades could be replaced with a window covering
option that meets the same purpose and is safe.
M. Product Reliability
Comment 13: One commenter suggested that motors are not as reliable
as cords on window coverings, because motors are more complex and
require electricity. Two commenters suggested that cordless window
coverings do not last long compared to corded versions.
Response 13: Cordless or motorized cordless window coverings are
not the only option for a safer window covering that complies with the
operating cord requirements in section 4.3.1 of ANSI/WCMA-2018. Corded
window covering options are available and comply with section 4.3.1 of
the ANSI standard if accessible cords are 8 inches or shorter or if the
cords are made inaccessible using a rigid cord shroud. WCMA stated in
their response to the ANPR that the expected product life for a window
covering is 10 years for a custom-made window covering and 3-5 years
for a stock window covering. CPSC does not have information on product
life averages for each safer window covering technology.
N. Incidents/Risk
Comment 14: Several commenters suggested that children die from
interacting with household products other than window covering cords,
and some commenters suggested that the risk of strangulation on window
covering cords is low.
Response 14: The Commission is well-aware that children are injured
and die from interacting with other household products. CPSC reviews
injury and death reports daily, has a database of these incidents,
studies the incidents, and responds to the identified hazards, because
our statutory mission is to protect consumers from the risk of injury
associated with consumer products. The fact that other products also
are associated with injuries and death does not diminish the
seriousness of each hazard, and CPSC tries to use our authorities to
address injuries on all hazards associated with consumer products. The
strangulation hazard to young children on window covering cords is
serious, with most incidents resulting in death. The strangulation
hazard is a ``hidden hazard,'' because many people do not understand or
appreciate the hazard, and do not take appropriate steps to prevent
death and injury. As reviewed in section II.C and Tab I of Staff's NPR
Briefing Package, other means of addressing deaths and injuries, such
as warning labels, parental supervision, and education campaigns, have
not been effective at reducing deaths and injuries, and are unlikely to
be effective in the future. However, performance requirements for
window covering cords will effectively reduce the risk of death and
injury to young children on window covering cords.
O. Stories of Loss
Comment 15: Over 500 commenters either were personally affected by
a window covering cord injury or death or knew someone who was affected
by a death.
Response 15: The Commission appreciates the courage of these
consumers in sharing their stories. To each of these parents, family
members, and loved ones, we thank you for sharing these stories and we
are deeply sorry for your loss. The Commission has taken the
information about the interactions and conditions involved in the
incidents into consideration in developing proposed rules for stock and
custom window coverings.
IV. Description of the Proposed Rule
Section 4.3.1 of ANSI/WCMA-2018 sets forth the performance
requirements for operating cords on stock window coverings (see Table
7). The Commission has determined that these operating cord performance
requirements are adequate and effective to reduce or eliminate the
unreasonable risk of strangulation to children 8 years old or younger
on window covering cords (see section II.A of this preamble). The
Commission has further determined that the requirements for operating
cords on custom window coverings in section 4.3.2 of ANSI/WCMA-2018 are
inadequate to address the risk of strangulation. Accordingly, the
Commission proposes to require that operating cords on custom window
coverings comply with the same performance requirements for operating
cords on stock window coverings in section 4.3.1, instead of the
requirements in section 4.3.2, of ANSI/WCMA-2018.
Table 7--Requirements for Operating Cords on Stock Window Coverings in
ANSI/WCMA-2018
------------------------------------------------------------------------
Stock window coverings section of the
standard Explanation
------------------------------------------------------------------------
A. Operating cord:
4.3.1.1 Cordless Operating System, (a) Operating cord not present
``The product shall have no or
operating cords''.
4.3.1.2 Short Static or Access (b) Operating cord is 8 inches
Cords, ``The product shall have a or shorter in any use position
Short Cord''. or
4.3.1.3 Inaccessible Operating (c) Operating cord is
Cords, ``The operating cords shall inaccessible when tested using
be inaccessible as determined per cord shroud accessibility
the test requirements in Appendix probe.
C: Test Procedure for Accessible
Cords''.
------------------------------------------------------------------------
[[Page 1043]]
A. Description of Proposed Section 1260.1--Scope and Definitions
Proposed section 1260.1, scope and definitions, describes the scope
of the proposed rule and provides relevant definitions. The
Commission's intent is to remain consistent with the ANSI standard for
window coverings with regard to definitions, and the requirements for
operating cords in section 4.3.1 of ANSI/WCMA-2018. Section 1260.1(a)
limits the scope of the proposed rule to operating cords on custom
window coverings. The risk of injury associated with inner cords on
custom window coverings, and operating and inner cords on stock window
coverings, are addressed in a separate proposed rule under section
15(j) of the CPSA. Section 1260.1(b) incorporates by reference several
definitions in section 3 of ANSI/WCMA-2018. Below we set forth the
terms and explain how these terms are defined in the ANSI standard.
``custom window covering,'' definition 5.01 of ANSI/WCMA-
2018, is a window covering that is not a stock window covering.
``stock window covering'' definition 5.02 of ANSI/WCMA-
2018, is a product that is a completely or substantially fabricated
product prior to being distributed in commerce and is a stock-keeping
unit (SKU). For example, 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 under the ANSI
standard. 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 to clarify that as
long as the product is ``substantially fabricated,'' subsequent changes
to the product do not change its categorization.
``operating cord,'' definition 2.19 of ANSI/WCMA-2018, is
a cord that the user manipulates to use the window covering, such as
lifting, lowering, tilting, rotating, and traversing. An example
operating cord is pictured in Figure 8 of this preamble.
``cord shroud,'' definition 2.09 of ANSI/WCMA-2018, is
material that is added around a cord to prevent a child from accessing
the cord and to prevent the cord from creating a loop. Defining a cord
shroud in the proposed rule is necessary because the Commission is
proposing to include a test for a ``rigid cord shroud'' in 1260.2(b),
to meet the inaccessibility requirement in section 4.3.1.3.
The Commission is adding a definition for ``rigid cord shroud'' in
proposed 1260.1(c) based on work by the voluntary standards task group
in 2018. A ``rigid cord shroud'' is not currently defined in the
standard but is a hard material that encases an operating cord to
prevent a child from accessing an operating cord.
B. Explanation of Proposed 1260.2--Requirements for Operating Cords on
Custom Window Coverings
Proposed section 1260.2 sets forth the requirements for operating
cords on custom window coverings. Section 1260.2(a) would require that
each operating cord on a custom window covering comply with section
4.3.1 of ANSI/WCMA-2018 (operating cord not present (section 4.3.1.1));
operating cord is inaccessible (section 4.3.1.3); or operating cord is
eight inches long or shorter in any position of the window covering
(section 4.3.1.2), instead of the current requirements for operating
cords on custom products in section 4.3.2 of ANSI/WCMA-2018.
Section 1260.2(b) contains a proposed requirement for rigid cord
shrouds, when they are used to comply with section 1260.2(a), to make
an operating cord inaccessible. Proposed sections 1260.2(c) and (d)
contain the test methods to confirm whether a cord shroud is ``rigid.''
The requirements for rigid cord shrouds are not currently in the ANSI/
WCMA standard. An ANSI/WCMA task group worked on a test method in 2018
to clarify ``rigid'' by confirming that a cord shroud is rigid enough
to ensure that the shroud cannot be wrapped around a child's neck or
won't form a u-shape as a result of attaching the free end of the
shroud to the wall (similar to hazards associated with a single cord).
ANSI/WCMA has never balloted these provisions.
For this proposed rule, CPSC staff developed a similar test method
based on the ANSI task group work. The proposed rigid cord shroud
requirements include two tests, the ``Center Load'' test and the
``Axial Torque'' test. The Center Load test verifies the stiffness of
the cord shroud, by measuring the amount of deflection in the shroud
when both ends are mounted and a 5-pound force is applied at the mid-
point. This test ensures the shroud is not flexible enough to wrap
around a child's neck. The Axial Torque test verifies the cord shroud's
opening does not enlarge to create an accessible cord opening when the
shroud is twisted.
CPSC is not aware of incidents related to current products with
rigid cord shrouds and concludes that shrouds that meet the proposed
modifications to the ANSI/WCMA standard will address the strangulation
hazard posed by accessible cords. Section II.A of this preamble and
Tabs G and H of Staff's NPR Briefing Package contain further
explanation and the proposed language related to cord shrouds.
C. Explanation of Proposed 1260.3--Prohibited Stockpiling
The purpose of proposed 1260.3 is to prohibit manufacturers and
importers from stockpiling products that will be subject to a mandatory
rule, in an attempt to circumvent the final rule. The Commission's
authority to issue an anti-stockpiling provision is in section 9(g)(2)
of the CPSA. 15 U.S.C. 2058(g)(2). Proposed 1260.3(a) prohibits
manufacturers and importers of custom window coverings from
manufacturing or importing custom window coverings that do not comply
with the requirements of the proposed rule in any 12-month period
between the date of the final rule publishing the in the Federal
Register and the effective date of the rule, at a rate that is greater
than 120 percent of the rate at which they manufactured or imported
custom window coverings during the base period for the manufacturer.
The base period is set forth in proposed 1260.3(b) and is described
as any period of 365 consecutive days, chosen by the manufacturer or
importer, in the 5-year period immediately preceding promulgation of
the final rule. ``Promulgation'' means the date the final rule is
published in the Federal Register.
The proposed stockpiling limit is intended to allow manufacturers
and importers sufficient flexibility to meet normal levels and
fluctuations in demand for custom window coverings, while limiting the
ability to stockpile large quantities that do not comply with the rule
for sale after the effective date. Thus, the stockpiling limit would
allow manufacturers and the industry to meet any foreseeable increase
in the demand for custom window coverings, without allowing large
quantities of custom window coverings to be stockpiled.
Custom products are typically made to order, so it is unlikely that
a firm would manufacture large quantities in advance of demand.
Therefore, this anti-stockpiling provision should not adversely impact
manufacturers. However, firms will need to modify their window
coverings to comply with the proposed requirements, and the
modifications may be costly.
[[Page 1044]]
Accordingly, CPSC believes it is appropriate to prevent stockpiling of
noncompliant custom window coverings.
D. Explanation of Proposed 1260.4--Findings
The findings required by section 9 of the CPSA are discussed in
section XIII of this preamble.
E. Explanation of Proposed 1260.5--Standards Incorporated by Reference
Proposed Sec. 1260.5 contains the information required by the
Office of the Federal Register (OFR) to incorporate by reference the
requirements in section 4.3.1, and the relevant definitions in section
3, of ANSI/WCMA-2018. As set forth in section XII of this preamble, the
Commission has met the OFR's procedural requirements to incorporate by
reference the relevant parts of ANSI/WCMA-2018.
V. Preliminary Regulatory Analysis
A proposed consumer product safety rule published in the Federal
Register in accordance with the requirements of section 9 of the CPSA
must include a preliminary regulatory analysis that contains: A
preliminary description of the potential benefits and potential costs
of the proposed rule; a discussion of the reasons any standard or
portion of a standard submitted to the Commission under subsection
(a)(5) was not published by the Commission as the proposed rule or part
of the proposed rule; a discussion of the reasons for the Commission's
preliminary determination that efforts proposed under subsection (a)(6)
and assisted by the Commission as required by section 5(a)(3) [15
U.S.C. 2054 (a)(3)] would not, within a reasonable period of time, be
likely to result in the development of a voluntary consumer product
safety standard that would eliminate or adequately reduce the risk of
injury addressed by the proposed rule; and a description of any
reasonable alternatives to the proposed rule, together with a summary
description of their potential costs and benefits, and a brief
explanation of why such alternatives should not be published as a
proposed rule. The information and analysis in this section is based on
Tab K of Staff's NPR Briefing Package.
A. Preliminary Discussion of Potential Benefits and Costs of the Rule
Based on the estimated 9 fatal injuries involving corded window
coverings per year, the societal costs of these fatal injuries are
about $82.8 million annually. Based on the estimate of about 185
nonfatal window covering injuries annually from CPSC's Injury Cost
Model (ICM), staff estimates that the societal costs of nonfatal window
covering injuries are approximately $9.3 million annually. Overall,
staff estimates the societal costs of fatal and nonfatal injuries to be
about $92.1 million annually. Because staff assesses that the voluntary
standard adequately addresses the risk of injury associated with stock
window coverings, and because operating and inner cord hazards on stock
window coverings, and inner cord hazards on custom window coverings,
are the subject of a separate proposed rule under section 15(j) of the
CPSA, this proposed rule under sections 7 and 9 of the CPSA would only
address the injuries attributable to operating cords on custom window
coverings. Staff estimates the proportion of injuries attributable to
operating cords on custom products to be approximately $53.9 million
annually, based on a CPSC review of reported incidents.
The present value of societal cost per window covering unit ranged
from $0.92 for cellular, pleated, and roller shades, $1.57 for Roman
shades, $3.61 for wood and faux wood horizontal blinds, $1.34 for
metal/vinyl horizontal blinds, $7.56 for vertical blinds, and $0.14 for
curtains/drapes. Combining these estimates with one year of corded
custom window covering sales (2019) amounts to a gross annual benefit
of $52.3 million. Adjusting this estimate for the expected
effectiveness of the proposed rule, because not all incidents
associated with custom window coverings involved operating cords,
equates to a total annual benefit of approximately $49.5 million.
Based on component cost estimates, assembly/manufacturing costs,
and proportions of domestic manufacturing, the increased cost per
corded custom window covering produced would range from $2.15 to
$34.57, an average of at least 4 percent of the retail price, and is
highly dependent on product type. The proposed rule is not expected to
result in any cost increases for cordless custom window coverings, and
as such, aggregate costs are calculated on only corded custom products.
Aggregate cost estimates range between $156.5 million to $309 million
based on 2019 custom sales estimate of $61.58 million with a per unit
cost increase, and the percentage of corded custom sales, which are
estimated as 65 percent of custom window covering unit sales.
Many sources of uncertainty are inherent in a complex cost-benefit
analysis because of using estimated parameters, inputs from several
models, assumptions based on expert judgement, and public/private data.
This analysis includes uncertainty related to cost estimate
calculations, the value of statistical life, the number of corded
window coverings in use, and the expected product life for certain
blind types. The cost studies from which staff derived all of the cost
estimates could be outdated, given the first study was completed in
2016, about 2 years before WCMA revised the voluntary standard for
stock products. Economies of scale could have reduced costs related to
cordless components since the completion of the first cost study in
2016.\33\ For example, prices for custom window coverings are, on
average, higher than those for stock products, which are already
required to comply with section 4.3.1 of ANSI/WCMA-2018. Although
prices of stock window coverings have increased since the revised
voluntary standard went into effect in 2018, sales of stock products
remain consistent.\34\ For custom products that already have higher
prices, consumers may be willing to pay more for a safer window
covering without affecting sales, similar to stock window coverings.
---------------------------------------------------------------------------
\33\ Staff notes, though, that the low-end cost could also be an
underestimate for a rule involving custom products, because the cost
study, from which the estimate is derived, mostly analyzed stock
products with an assumed high-volume production in China, which is
less applicable for custom than for stock.
\34\ Staff does not have information on detailed sales data to
determine the impact of the ANSI/WCMA-2018 on stock products. CPSC
contractor (D+R) aimed to identify the share of custom versus stock
sales over time to understand how the window covering market has
changed in response to the ANSI/WCMA-2018 as the standard primarily
impacts stock products. Researchers considered that metal/vinyl
blinds, roller shades, vertical blinds, and wood/faux wood blinds
are the categories that should be most affected by the standard,
given their large share in stock product sales. They assumed that if
these categories had an increase in custom sales after 2018, it
would indicate that the cordless operation could be one of the
factors driving consumers towards purchasing custom products with
corded operation, despite the higher price points. However,
researchers' projections indicate that there is not a consistent
trend towards greater custom sales, and in the case of metal/vinyl
blinds, there is an increasing share of stock sales over time.
---------------------------------------------------------------------------
Another example of uncertainty in the analysis is related to the
value of statistical life (VSL). Staff valued the benefit of reducing
fatal incidents at $9.2 million each, which, as discussed in Tab K of
Staff's NPR Briefing Package, is in-line with most reasonable estimates
of the value of a statistical life. Staff noted though that there has
been some discussion in the literature suggesting that people might be
willing to spend more for a small reduction in the risk to children
than they are for the same reduction in their own risk. A review of the
literature conducted for the CPSC suggested that the VSL for
[[Page 1045]]
children could exceed that of adults by a factor of 1.2 to 3, with a
midpoint of around 2 (IEc, 2018). If we increase the VSL by a factor of
3, the estimated VSL would equate to $27.6 million per life, increasing
the total benefits of the rule to an estimated $136.9 million annually.
See Table 11 in Tab K of Staff's NPR Briefing Package.
Additionally, the assumption used to create the estimate of corded
products in the market is based on interviews with manufacturers and
retailers, some of whom gave conflicting accounts. The estimate is not
based on exposure surveys, and thus, the actual number of corded custom
products could be higher or lower than the estimate used in the base
analysis; and, we have no basis for stating whether we think we have
over or underestimated the number.
Lastly, the estimated product life used in the analysis for vinyl
and metal horizontal blinds was significantly shorter than for the
other products. This estimate was based on work completed by D+R for
the Department of Energy (2013). However, it is possible that this
estimate is skewed because of the dominance of stock in this category.
Custom window coverings have a longer product life. For example, WCMA
stated in their response to the ANPR that the expected product life for
a custom window covering is 10 years and is 3-5 years for a stock
window covering. CPSC staff expects a higher per-unit benefit for
custom products because of the longer expected product life.
B. Reasons for Not Relying on a Voluntary Standard
Given improvements in the voluntary standard for operating and
inner cords on stock window coverings, and inner cords on custom window
coverings, the Commission considered whether the agency could rely on
the current voluntary standard, ANSI/WCMA-2018, instead of issuing a
mandatory rule for operating cords on custom window coverings. However,
as reviewed in section II of this preamble, staff assessed that
operating cord requirements for custom products in ANSI/WCMA-2018 are
inadequate to effectively address an unreasonable risk of strangulation
to children 8 years old and younger associated with custom window
coverings. Requirements in the voluntary standard still allow operating
cords on custom window coverings to be accessible and to be longer than
8 inches.
Moreover, the Commission finds it unlikely that the ANSI/WCMA
standard will be modified to address the risk of injury associated with
operating cords on custom window coverings in the near term, or in the
long term. CPSC's previous efforts to work with ANSI/WCMA for an
effective standard for stock window coverings required more than two
decades of development by WCMA. In addition, WCMA did not agree with
recommendations from other stakeholders, including consumer advocates
and CPSC staff, to require the stock product requirements for custom
window coverings. WCMA resists safer custom window coverings, even
though cord requirements to remove the strangulation hazard (cordless,
inaccessible cords, or short cords) are well known by CPSC and the
industry and the technologies to achieve this have been developed and
are being used to manufacturer both stock and custom window coverings.
Therefore, based on WCMA's position on operating cords on custom
products, and on past experience, the Commission finds it unlikely that
an effective voluntary standard addressing the operating cord hazards
on custom window coverings will be developed within a reasonable
period.
C. Alternatives to the Proposed Rule
The Commission considered several alternatives to issuing a
mandatory standard for operating cords on custom window coverings.
These alternatives included: (1) Not issuing a mandatory rule, but
instead relying upon voluntary standards; (2) improving the voluntary
standard ANSI/WCMA-2018; (3) using a later effective date; (4)
narrowing the scope of the rule to address only vertical blinds and
curtains and drapes; and (5) continuing and improving information and
education campaigns.
1. No Mandatory Standard; Rely on Voluntary Standard
If CPSC did not issue a mandatory standard, the Commission believes
that most manufacturers would comply with ANSI/WCMA-2018, because
manufacturers already substantially comply with the voluntary standard.
However, ANSI/WCMA-2018 allows custom window coverings to be produced
with hazardous operating cords, and CPSC concludes that the
requirements for operating cords associated with custom window
coverings in ANSI/WCMA-2018 are inadequate to protect children from the
risk of strangulation. Not mandating a standard would not impose any
additional costs on manufacturers; neither would it result in any
additional benefits in terms of reduced deaths and injuries to
children. CPSC staff does not recommend that the Commission pursue this
option.
2. Improve Voluntary Standard for Window Coverings
The Commission also considered directing CPSC staff to continue
participating in voluntary standards development and encouraging safety
improvements to the voluntary standard for window coverings, ANSI/WCMA-
2018. This option would be similar to the ``no action alternative,''
with the key difference being that the Commission could direct staff to
pursue safety improvements in the voluntary standard, including
applying the requirements for operating cords on stock window coverings
to custom window coverings, as a conditional alternative to a mandatory
standard. The Commission could then reconsider a mandatory standard if
efforts to improve the voluntary standard for custom products remain
unsatisfactory.
Although CPSC staff supports recent changes in the voluntary
standard creating requirements for cordless/short cords/inaccessible
cords on stock products, more descriptive warning labels, and materials
describing the strangulation hazard, staff does not recommend that the
Commission pursue this option. In the past, WCMA rejected initiatives
for operating cords on custom products to be cordless, or to not have
accessible cords longer than 8 inches in length. Based on staff's
previous experience with WCMA, and the length of time it took for WCMA
to update the voluntary standard to require cordless stock products (22
years), the Commission does not believe that WCMA is likely to improve
the voluntary standard for custom products in a timely manner.
3. Later Effective Date
The proposed rule includes an effective date that is 180 days after
the final rule is published in the Federal Register. Because some
manufacturers may need to redesign certain custom window coverings of
unusual sizes to accommodate a cordless operation, a later effective
date would allow manufacturers more time to redesign and spread the
research and development costs or eliminate product variants that
cannot be switched to cordless operation. Based on staff's analysis,
the Commission believes it is unlikely that any manufacturer (large or
small) would leave the window covering market as a result of the
proposed rule. Nevertheless, elimination of some product sizes is
possible because conversion to cordless operation may not be feasible
for some large or unusual sizes.
[[Page 1046]]
Providing a later effective date for the custom window covering
rule would mitigate some of the costs related to redesign/research and
development for manufacturers. However, if cordless operation is not
feasible, a reduction in sales would occur if a consumer could not find
a suitable alternative. Given the potential for large costs for some
products to conform per unit to the proposed rule, delaying the
effective date would be expected to reduce costs.
4. Narrow Proposed Rule to Vertical Blinds, Curtains, and Drapes
The Commission could narrow the proposed rule to address only the
hazards associated with operating cords on custom vertical blinds,
curtains, and drapes, on the grounds that cords are not critical to the
operation of these products. These custom products typically offer
cordless options at no additional cost because, for most applications,
a plastic rod can be used for operation. Narrowing the proposed rule to
these three product types would lessen the cost impact and make it
unlikely that any particular product type and/or size would be
eliminated. Under this alternative, the costs are expected to be near
$0 because using plastic rods for operation is very similar to cords in
cost.
However, only 2 of the 35 custom product incidents (both are
fatalities) were associated with vertical blinds, and there were no
curtain or drape incidents where the stock/custom classification could
be determined. Because of the limited presence of vertical blinds in
custom product incidents (5.7 percent), this option is unlikely to be
effective in reducing injuries and deaths.
5. Continue and Improve Information and Education Campaign
The Commission could work to improve the current information and
education campaign concerning the strangulation hazard associated with
custom corded window covering products. Information and education
campaigns on corded window coverings that have been continuing for
decades have had limited effectiveness in the reduction of injuries and
deaths. Accordingly, the Commission will not rely solely on education
campaigns to address the risk of injury.
VI. Initial Regulatory Flexibility Act Analysis 35
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\35\ The RFA analysis is based on Tab F of Staff's NPR Briefing
Package.
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Whenever an agency publishes a proposed rule, the Regulatory
Flexibility Act (5 U.S.C. 601-612) requires that the agency prepare an
initial regulatory flexibility analysis (IRFA) that describes the
impact that the rule would have on small businesses and other entities,
unless the agency has a factual basis for certifying that the proposed
rule ``will not have a significant economic impact on a substantial
number of small entities.'' \36\ The IRFA must contain--
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\36\ 5 U.S.C. 605 (b) of The Regulatory Flexibility Act of 1980,
as amended. Available at https://www.sba.gov/advocacy/regulatory-flexibility-act.
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(1) a description of why action by the agency is being considered;
(2) a succinct statement of the objectives of, and legal basis for,
the proposed rule;
(3) a description of and, where feasible, an estimate of the number
of small entities to which the proposed rule will apply;
(4) a description of the projected reporting, recordkeeping, and
other compliance requirements of the proposed rule, including an
estimate of the classes of small entities which will be subject to the
requirement and the type of professional skills necessary for
preparation of the report or record; and
(5) an identification to the extent practicable, of all relevant
Federal rules which may duplicate, overlap or conflict with the
proposed rule.
An IRFA must also contain a description of any significant
alternatives that would accomplish the stated objectives of the
applicable statutes and which would minimize any significant economic
impact of the proposed rule on small entities.
A. Reason for Agency Action
The proposed rule is intended to address the strangulation hazard
to children 8 years and younger associated with operating cords on
custom window coverings. Based on an analysis of the relevant data, as
set forth in section I.E of this preamble and Tab A of Staff's NPR
Briefing Package, staff reports an average of 9 fatal injuries annually
to children less than 5 years old. Staff estimates the societal costs
of these fatal injuries to be about $82.8 million annually. Based on
the estimate of about 185 nonfatal window covering injuries annually
from CPSC's Injury Cost Model (ICM), staff estimates the societal costs
of nonfatal window covering injuries are approximately $9.3 million.
Combining these estimates amounts to annual societal costs associated
with corded window coverings of approximately $92.1 million. The
proposed rule only addresses injuries attributable to custom window
coverings. Based on a CPSC review of 194 reported incidents, the
proportion of injuries attributable to custom window coverings is
approximately $53.9 million annually.
The NPR proposes that operating cords on custom window coverings be
subject to the same requirements in section 4.3.1 ANSI/WCMA-2018 that
currently apply to operating cords on stock window coverings. Based on
staff's expertise and analysis of window covering cord incidents, the
Commission has determined that these requirements are effective at
preventing strangulations for operating cords on stock window coverings
and would be equally effective when applied to operating cords on
custom window coverings.
B. Objectives of and Legal Basis for the Rule
The objective of the rule is to reduce or eliminate an unreasonable
risk of injury or death to children 8 years old or younger associated
with operating cords on custom window coverings. The Commission issues
this proposed rule under the authority in sections 7 and 9 of the CPSA.
C. Small Entities to Which the Rule Will Apply
Under SBA guidelines, a manufacturer of window coverings is
categorized as small if the firm has fewer than 1,000 employees,
retailers are considered small if they have sales revenue less than
$8.0 million, and importers if the firm has fewer than 100 employees.
Based on 2017 data, 1,898 firms were categorized as blinds and shades
manufacturers and retailers (Census Bureau, 2020).\37\ Of these, about
1,840 firms (302 manufacturers and 1,538 retailers) are small. As the
NAICS code for importers is non-specific to window coverings, CPSC
staff reviewed Customs and Border Patrol (CBP) data, firm financial
reports, and Dun & Bradstreet reports to obtain a more precise estimate
of importers. Based on this research, CPSC staff estimates that there
are approximately 83 importers
[[Page 1047]]
that meet the SBA guidelines for a small business (Laciak 2020).
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\37\ The North American Industry Classification System (NAICS)
defines product codes for United States firms. Firms that
manufacture window coverings may list their business under the NAICS
product code for blinds and shades manufacturers (337920 Blind and
Shade Manufacturing) or retailers (442291 Window Treatment Stores).
The two product codes 337920 and 442291 encompass most products in
the window coverings market. However, some drapery and curtain
manufacturers may be listed under 322230, stationary product
manufacturing. Importers of window coverings are generally listed in
Home Furnishing Merchant Wholesalers (423220), which includes other
home furnishing items and is non-specific to window coverings.
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Nearly all of the 302 staff-identified small manufacturers are far
below the 1,000 employee SBA threshold. Two hundred thirty-eight (238)
of the manufacturers have fewer than 20 employees, and 151 have fewer
than 5 employees. CPSC staff estimates that the annual revenue for the
firms with fewer than 20 employees to be under $250,000. Most of the
firms with fewer than 5 employees manufacture custom window coverings
on a per order basis. The annual revenue for these manufacturers is
most likely below $25,000, based on estimates from the Nonemployer
Statistics from the U.S. Bureau of the Census. Staff estimates that the
annual revenues for the remaining small manufacturers, those with more
than 20 employees, are between $300,000 to $2,000,000.
D. Compliance Requirements of the Proposed Rule, Including Reporting
and Recordkeeping Requirements
The proposed rule would establish a performance standard for
operating cords on custom window coverings, requiring that they meet
the same requirements as operating cords on stock window coverings
under section 4.3.1 of ANSI/WCMA-2018. To comply with the performance
requirements, all accessible operating cords would need to be removed,
made inaccessible, or shortened to 8 inches or less in any use
position.
Under section 14 of the CPSA, as codified in 16 CFR part 1110,
manufacturers and importers of custom window coverings will be required
to certify (General Certificate of Conformity, or GCC), based on a test
of each product or upon a reasonable testing program, that their window
coverings comply with the requirements in the rule. If the custom
window covering is a children's product, the window covering must be
third party tested and certified (Children's Product Certificate, or
CPC) for compliance with the rule. Each certificate of compliance must
identify the manufacturer or importer issuing the certificate and any
manufacturer, firm, or third party conformity assessment body on whose
testing the certificate depends. The certificate must be legible and in
English and include the date and place of manufacture, the date and
place where the product was tested, including the full mailing address
and telephone number for each party, and the contact information for
the person responsible for maintaining records of the test results. The
certificates may be in electronic format and must be provided to each
distributor or retailer of the product. Upon request, the certificates
must also be provided to the CPSC and Customs and Border Protection
(CBP).\38\
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\38\ The regulations governing the content, form, and
availability of the certificates of compliance are codified at 16
CFR part 1110. Additional requirements for testing and certification
of children's products are codified at 16 CFR part 1107.
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E. Costs of Proposed Rule That Would Be Incurred by Small Manufacturers
Custom window covering manufacturers would most likely adopt
cordless lift operation systems to comply with the proposed rule. As
discussed in section V of this preamble, and in Tab K of Staff's NPR
Briefing Package, the preliminary regulatory analysis estimates the
cost to modify window covering lift systems with the proposed rule
ranges from $2.95 to $9.65 per horizontal blind, $2.15 to $34.57 per
shade, and no expected cost increase for vertical blinds and curtains/
drapes. CPSC staff does not have estimates of redesign costs but
expects that these costs will be small given the already wide
availability of product designs with inaccessible cords.\39\ CPSC staff
expects component costs to be significant, as inaccessible cord
operation is expensive.
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\39\ Based on interviews with window covering manufacturers
there may be some size and placement limitations related in-
accessible cord designs. These limitations can be addressed with
motorization of the product but it is prohibitively expensive as
many motorized systems can cost more than the window covering
product itself.
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Estimates of the costs to modify three types of window coverings in
Panchal (2016) indicate that, at a minimum, the costs to modify will
range from 2 to 11 percent of retail prices. Panchal (2016) used a
product archeology approach, supplemented by standard models for
calculating only manufacturing and assembly costs, to estimate the
incremental cost of implementing standard manual uncorded technology
for entry-level stock window coverings--the type of window coverings
that are available for purchase off-the-shelf from home improvement
stores. Hence his estimates are most applicable to the more basic and
inexpensive uncorded products at the low end of the window coverings
market. Panchal's analysis does not account for any costs associated
with product development and design innovations, testing, licensing of
technology, manufacturing restrictions due to existing patents, and
training of personnel, which would add further costs to implementing
uncorded technologies. Panchal's analysis was also conducted two years
before the ANSI standard was revised to require safer operating cords
on stock window coverings in December 2018.
Manufacturers would likely incur some additional costs to certify
that their window coverings meet the requirements of the proposed rule
as required by Section 14 of the CPSA. The certification must be based
on a test of each product or a reasonable testing program. WCMA
developed a certification program for window covering products, titled
``Best for Kids,'' which includes third party testing of products for
accessible cords. CPSC staff believes this testing and certification
program would meet the requirements in Section 14 of the CPSA, as long
as the test laboratories are CPSC-accepted. Based on quotes from
testing laboratory services for consumer products, the cost of the
certification testing will range from $290 to $540 per window covering
model.\40\ Note that the requirement to certify compliance with all
product safety rules, based on a reasonable testing program, is a
requirement of the CPSA and not of the proposed rule.
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\40\ Based on quotes from firms to conduct certification tests
to the current WCMA voluntary standard on window covering products
currently available at retailers.
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Based on discussion in the Commission's proposed rule on stock
window covering cords (Proposed rule to Amend 16 CFR part 1120, CPSC
Docket No. CPSC-2021-0038), which evaluates the requirements in section
4.3.1 of ANSI/WCMA-2018 to be ``readily observable,'' a reasonable
testing program for nonchildren's custom window coverings could entail
a simple visual inspection of products by the manufacturer, and simple
measurements of the length of any accessible cord. Therefore, the cost
of a reasonable testing program for compliance with the proposed rule
is likely much lower than the cost of conducting a third party
certification testing for children's products.
F. Impact on Small Manufacturers
To comply with the proposed rule, staff expects small manufacturers
to incur redesign and incremental component costs, described above, for
some product lines which currently are not available with inaccessible
cords. Staff does not expect small manufacturers to suffer a
disproportionate cost effect from the proposed rule, because the cost
calculations and research were completed on a per unit basis; staff
expects little if any redesign costs. Staff expects small manufacturers
of window
[[Page 1048]]
coverings to incur, at a bare minimum, a two percent impact to their
custom window covering revenue from the proposed rule. This implies
that if custom products account for all of a firm's revenue, then the
minimum impact of the proposed rule is two percent of revenue.
Generally, staff considers an impact to be potentially significant
if it exceeds 1 percent of a firm's revenue. Because even the smallest
estimate of cost is 2 percent of retail price, staff believes that the
proposed rule could have a significant impact on manufacturers that
receive a significant portion of their revenue from the sale of custom
window coverings. Staff expects small importers to bear similar costs
as small manufacturers, but staff is unclear whether the impact will be
significant. The cost effect as a percent of revenue is dependent on
the firm's custom window covering imports as a percent of total
revenue. Any small importer with revenues of at least 50 percent
related to custom window coverings affected by the proposed rule could
be significantly impacted. Due to these potential impacts, CPSC staff
expects the proposed rule to have a significant effect on a substantial
number of small firms.
G. Federal Rules Which May Duplicate, Overlap, or Conflict With the
Proposed Rule
CPSC staff has not identified any other Federal rules that
duplicate, overlap, or conflict with the proposed rule.
H. Alternatives for Reducing the Adverse Impact on Small Entities
Under section 603(c) of the Regulatory Flexibility Act, an initial
regulatory flexibility analysis should ``contain a description of any
significant alternatives to the proposed rule which accomplish the
stated objectives of the applicable statutes and which minimize any
significant impact of the proposed rule on small entities.'' CPSC staff
examined several alternatives to the proposed rule which could reduce
the impact on small entities, as discussed in section V.C of this
preamble.
VII. 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 proposed rule to require operating
cords on custom window coverings to comply with the same requirements
for operating cords on stock window coverings, as set forth in section
4.3.1 of ANSI/WCMA-2018, is not expected to have an adverse impact on
the environment and is considered to fall within the ``categorical
exclusion'' for the purposes of the National Environmental Policy Act.
16 CFR 1021.5(c).
VIII. Paperwork Reduction Act
This proposed rule contains information collection requirements
that are subject to public comment and review by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995
(PRA; 44 U.S.C. 3501-3521). Under the PRA, an agency must publish the
following information:
A title for the collection of information;
a summary of the collection of information;
a brief description of the need for the information and
the proposed use of the information;
a description of the likely respondents and proposed
frequency of response to the collection of information;
an estimate of the burden that will result from the
collection of information; and
notice that comments may be submitted to OMB.
44 U.S.C. 3507(a)(1)(D). In accordance with this requirement, the
Commission provides the following information:
Title: Amendment to Third Party Testing of Children's Products,
approved previously under OMB Control No. 3041-0159.
Summary, Need, and Use of Information: The proposed consumer
product safety standard prescribes the safety requirements for
operating cords on custom window coverings, and requires that these
cords meet the same requirements for operating cords on stock window
coverings, as set forth in the voluntary standard, section 4.3.1 of
ANSI/WCMA-2018. These requirements are intended to reduce or eliminate
an unreasonable risk of death or injury to children 8 years old and
younger from strangulation.
Some custom window coverings are considered children's products. A
``children's product'' is a consumer product that is ``designed or
intended primarily for children 12 years of age or younger.'' 15 U.S.C.
2052(a)(2). The Commission's regulation at 16 CFR part 1200 further
interprets the term. Section 14 of the CPSA requires that children's
products be tested by a third party conformity assessment body, and
that the manufacturer of the product, including an importer, must issue
a children's product certificate (CPC). Based on such third party
testing, a manufacturer or importer must attest to compliance with the
applicable consumer product safety rule by issuing the CPC. The
requirement to test and certify children's products fall within the
definition of ``collection of information,'' as defined in 44 U.S.C.
3502(3).
The requirements for the CPCs are stated in Section 14 of the CPSA,
and in the Commission's regulation at 16 CFR parts 1107 and 1110. Among
other requirements, each certificate must identify the manufacturer or
private labeler issuing the certificate and any third-party conformity
assessment body, on whose testing the certificate depends, the date and
place of manufacture, the date and place where the product was tested,
each party's name, full mailing address, telephone number, and contact
information for the individual responsible for maintaining records of
test results. The certificates must be in English. The certificates
must be furnished to each distributor or retailer of the product and to
the CPSC, if requested.
The Commission already has an OMB control number, 3041-0159, for
children's product testing and certification. This rule would amend
this collection of information to add window coverings that are
children's products.
Respondents and Frequency: Respondents include manufacturers and
importers of custom window coverings that are children's products.
Manufacturers and importers must comply with the information collection
requirements when custom window coverings that are children's products
are manufactured or imported.
Estimated Burden: CPSC has estimated the respondent burden in
hours, and the estimated labor costs to the respondent.
Estimate of Respondent Burden: The hourly reporting burden imposed
on firms that manufacture or import children's product custom window
coverings includes the time and cost to maintain records related to
third party testing, and to issue a CPC.
[[Page 1049]]
Table 8--Estimated Annual Reporting Burden
----------------------------------------------------------------------------------------------------------------
Length of
Burden type Total annual response Annual burden
reponses (hours) (hours)
----------------------------------------------------------------------------------------------------------------
Third-party recordkeeping, certification.................. 60,800 1.0 60,800
----------------------------------------------------------------------------------------------------------------
Three types of third-party testing of children's products are
required: Certification testing, material change testing, and periodic
testing. Requirements state that manufacturers conduct sufficient
testing to ensure that they have a high degree of assurance that their
children's products comply with all applicable children's product
safety rules before such products are introduced into commerce. If a
manufacturer conducts periodic testing, they are required to keep
records that describe how the samples of periodic testing are selected.
CPSC estimates that 0.1 percent of all custom window coverings sold
annually, 60,800 window coverings, are children's products and would be
subject to third-party testing, for which 1.0 hours of recordkeeping
and record maintenance will be required. Thus, the total hourly burden
of the recordkeeping associated with certification is 60,800 hours (1.0
x 60,800).
Labor Cost of Respondent Burden. According to the U.S. Bureau of
Labor Statistics (BLS), Employer Costs for Employee Compensation, the
total compensation cost per hour worked for all private industry
workers was $36.64 (March 2021, https://www.bls.gov/ncs/ect/). Based on
this analysis, CPSC staff estimates that labor cost of respondent
burden would impose a cost to industry of approximately $2,227,712
annually (60,800 hours x $36.64 per hour).
Cost to the Federal Government. The estimated annual cost of the
information collection requirements to the federal government is
approximately $4,172, which includes 60 staff hours to examine and
evaluate the information as needed for Compliance activities. This is
based on a GS-12, step 5 level salaried employee. The average hourly
wage rate for a mid-level salaried GS-12 employee in the Washington, DC
metropolitan area (effective as of January 2021) is $47.35 (GS-12, step
5). This represents 68.1 percent of total compensation (U.S. Bureau of
Labor Statistics, ``Employer Costs for Employee Compensation,'' March
2021, percentage of wages and salaries for all civilian management,
professional, and related employees: https://www.bls.gov/ncs/ect/.
Adding an additional 31.9 percent for benefits brings average annual
compensation for a mid-level salaried GS-12 employee to $69.53 per
hour. Assuming that approximately 60 hours will be required annually,
this results in an annual cost of $4,172 ($69.53 per hour x 60 hours =
$4,171.80).
Comments. CPSC has submitted the information collection
requirements of this rule to OMB for review in accordance with PRA
requirements. 44 U.S.C. 3507(d). CPSC requests that interested parties
submit comments regarding information collection to the Office of
Information and Regulatory Affairs, OMB (see the ADDRESSES section at
the beginning of this NPR).
Pursuant to 44 U.S.C. 3506(c)(2)(A), the Commission invites
comments on:
Whether the proposed collection of information is
necessary for the proper performance of CPSC's functions, including
whether the information will have practical utility;
the accuracy of CPSC's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
ways to enhance the quality, utility, and clarity of the
information the Commission proposes to collect;
ways to reduce the burden of the collection of information
on respondents, including the use of automated collection techniques,
when appropriate, and other forms of information technology;
the estimated burden hours associated with labels and hang
tags, including any alternative estimates; and
the estimated respondent cost other than burden hour cost.
IX. Preemption
Executive Order (E.O.) 12988, Civil Justice Reform (Feb. 5, 1996),
directs agencies to specify the preemptive effect of a rule in the
regulation. 61 FR 4729 (Feb. 7, 1996). The proposed regulation for
operating cords on custom window coverings is issued under authority of
the CPSA. 15 U.S.C. 2051-2089. Section 26 of the CPSA provides that
``whenever a consumer product safety standard under this Act is in
effect and applies to a risk of injury associated with a consumer
product, no State or political subdivision of a State shall have any
authority either to establish or to continue in effect any provision of
a safety standard or regulation which prescribes any requirements as to
the performance, composition, contents, design, finish, construction,
packaging or labeling of such product which are designed to deal with
the same risk of injury associated with such consumer product, unless
such requirements are identical to the requirements of the Federal
Standard.'' 15 U.S.C. 2075(a).
The federal government, or a state or local government, may
establish or continue in effect a non-identical requirement for its own
use that is designed to protect against the same risk of injury as the
CPSC standard if the federal, state, or local requirement provides a
higher degree of protection than the CPSA requirement. Id. 2075(b). In
addition, states or political subdivisions of a state may apply for an
exemption from preemption regarding a consumer product safety standard,
and the Commission may issue a rule granting the exemption if it finds
that the state or local standard: (1) Provides a significantly higher
degree of protection from the risk of injury or illness than the CPSA
standard, and (2) does not unduly burden interstate commerce. Id.
2075(c).
Thus, the proposed rule for operating cords on custom window
coverings would, if finalized, preempt non-identical state or local
requirements for operating cords on custom window coverings designed to
protect against the same risk of injury and prescribing requirements
regarding the performance of operating cords on custom window
coverings.
X. Testing, Certification, and Notice of Requirements
Section 14(a) of the CPSA includes requirements for certifying that
children's products and non-children's products comply with applicable
mandatory standards. 15 U.S.C. 2063(a). Section 14(a)(1) addresses
required certifications for non-children's products, and sections
14(a)(2) and (a)(3) address certification requirements specific to
children's products.
A ``children's product'' is a consumer product that is ``designed
or intended primarily for children 12 years of age or younger.'' Id.
2052(a)(2). The following factors are relevant when determining whether
a product is a children's product:
[[Page 1050]]
Manufacturer statements about the intended use of the
product, including a label on the product if such statement is
reasonable;
whether the product is represented in its packaging,
display, promotion, or advertising as appropriate for use by children
12 years of age or younger;
whether the product is commonly recognized by consumers as
being intended for use by a child 12 years of age or younger; and
the Age Determination Guidelines issued by CPSC staff in
September 2002, and any successor to such guidelines.
Id. ``For use'' by children 12 years and younger generally means
that children will interact physically with the product based on
reasonably foreseeable use. 16 CFR 1200.2(a)(2). Children's products
may be decorated or embellished with a childish theme, be sized for
children, or be marketed to appeal primarily to children. Id. Sec.
1200.2(d)(1).
CPSC is aware that some window coverings are specifically designed
for children, and based on the factors listed above, fall within the
definition of a ``children's product.'' If the Commission issues a
final rule for operating cords on custom window coverings, such a rule
would require custom window coverings that are children's products to
meet the third-party testing and certification requirements in section
14(a) of the CPSA. The Commission's requirements for certificates of
compliance are codified at 16 CFR part 1110.
Non-Children's Products. Section 14(a)(1) of the CPSA requires
every manufacturer (which includes importers \41\) of a non-children's
product that is subject to a consumer product safety rule under the
CPSA or a similar rule, ban, standard, or regulation under any other
law enforced by the Commission to certify that the product complies
with all applicable CSPSC-enforced requirements. 15 U.S.C. 2063(a)(1).
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\41\ The CPSA defines a ``manufacturer'' as ``any person who
manufactures or imports a consumer product.'' 15 U.S.C. 2052(a)(11).
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Children's Products. Section 14(a)(2) of the CPSA requires the
manufacturer or private labeler of a children's product that is subject
to a children's product safety rule to certify that, based on a third-
party conformity assessment body's testing, the product complies with
the applicable children's product safety rule. Id. 2063(a)(2). Section
14(a) also requires the Commission to publish a notice of requirements
(NOR) for a third-party conformity assessment body (i.e., testing
laboratory) to obtain accreditation to assess conformity with a
children's product safety rule. Id. 2063(a)(3)(A). Because some custom
window coverings are children's products, the proposed rule is a
children's product safety rule, as applied to those products.
Accordingly, if the Commission issues a final rule, it must also issue
an NOR.
The Commission published a final rule, codified at 16 CFR part
1112, entitled Requirements Pertaining to Third Party Conformity
Assessment Bodies, which established requirements and criteria
concerning testing laboratories. 78 FR 15836 (Mar. 12, 2013). Part 1112
includes procedures for CPSC to accept a testing laboratory's
accreditation and lists the children's product safety rules for which
CPSC has published NORs. When CPSC issues a new NOR, it must amend part
1112 to include that NOR. Accordingly, as part of this NPR for
operating cords on custom window coverings, the Commission proposes to
amend part 1112 to add the ``Safety Standard for Operating Cords on
Custom Window Coverings'' to the list of children's product safety
rules for which CPSC has issued an NOR.
Testing laboratories that apply for CPSC acceptance to test custom
window coverings that are children's products for compliance with the
new rule would have to meet the requirements in part 1112. When a
laboratory meets the requirements of a CPSC-accepted third party
conformity assessment body, the laboratory can apply to CPSC to include
16 CFR part 1260, Safety Standard for Operating Cords on Custom Window
Coverings, in the laboratory's scope of accreditation of CPSC safety
rules listed on the CPSC website at: www.cpsc.gov/labsearch.
XI. 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). Section 9(g)(1) of the CPSA states that a
consumer product safety rule shall specify the date such rule is to
take effect, and that the effective date must be at least 30 days after
promulgation, but cannot exceed 180 days from the date a rule is
promulgated, unless the Commission finds, for good cause shown, that a
later effective date is in the public interest and publishes its
reasons for such finding. If finalized, the Commission proposes an
effective date of 180 days after publication of the final rule in the
Federal Register.
XII. Incorporation by Reference
The Commission proposes to incorporate 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 revised these regulations to require that, for a
proposed rule, agencies must discuss in the preamble of the NPR ways
that the materials the agency proposes to incorporate by reference are
reasonably available to interested persons or how the agency worked to
make the materials reasonably available. In addition, the preamble of
the proposed rule must summarize the material. 1 CFR 51.5(a).
In accordance with the OFR's requirements, sections I.B.2.(d), II,
IV and Table 3 of this preamble summarize the provisions of ANSI/WCMA
A100.1-2018 that the Commission proposes to incorporate by reference.
ANSI/WCMA A100.1-2018 is copyrighted. You may view a read-only copy of
ANSI/WCMA A100.1-2018 free of charge at: https://wcmanet.com/wp-content/uploads/2021/07/WCMA-A100-2018_v2_websitePDF.pdf.
Alternatively, interested parties may inspect a copy of the standard
free of charge by contacting Alberta E. Mills, Division of the
Secretariat, U.S. Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814; telephone: 301-504-7479; email: cpsc.gov">[email protected]cpsc.gov. To download or print the standard, interested persons may
purchase a copy of ANSI/WCMA A100.1-2018 from WCMA, through its website
(http://wcmanet.com), or contacting the Window Covering Manufacturers
Association, Inc., 355 Lexington Avenue, New York, New York, 10017;
telephone: 212.297.2122.
XIII. Proposed Findings
The CPSA requires the Commission to make certain findings when
issuing a consumer product safety standard. Specifically, the CPSA
requires the Commission to consider and make findings about the
following:
The degree and nature of the risk of injury the rule is
designed to eliminate or reduce;
the approximate number of consumer products subject to the
rule;
the need of the public for the products subject to the
rule and the probable effect the rule will have on the cost,
availability, and utility of such products;
any means to achieve the objective of the rule while
minimizing adverse
[[Page 1051]]
effects on competition, manufacturing, and commercial practices;
that the rule, including the effective date, is reasonably
necessary to eliminate or reduce an unreasonable risk of injury
associated with the product;
that issuing the rule is in the public interest;
if a voluntary standard addressing the risk of injury has
been adopted and implemented, that either compliance with the voluntary
standard is not likely to result in the elimination or adequate
reduction of the risk or injury, or it is unlikely to be substantial
compliance with the voluntary standard;
that the benefits expected from the rule bear a reasonable
relationship to its costs; and
that the rule imposes the least burdensome requirement
that prevents or adequately reduces the risk of injury.
15 U.S.C. 2058(f)(1), (f)(3). At the NPR stage, the Commission is
making these findings on a preliminary basis to allow the public to
comment on the findings.
A. Degree and Nature of the Risk of Injury
Operating cords on custom window coverings present a strangulation
hazard, including death and serious injury, to children 8 years old and
younger. If children can access a window covering cord, children can
wrap the cord around their neck, or insert their head into a loop
formed by the cord and strangle. 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 child's body is fully or
partially supported.
Strangulation deaths and injuries on window covering cords are a
``hidden hazard'' because consumers do not understand or appreciate the
hazard, or how quickly and silently strangulation occurs. Because even
young children are left unsupervised for a few minutes or more in a
room that is considered safe, such as a bedroom or family room, adult
supervision is unlikely to be effective to eliminate or reduce the
hazard. Children can wrap the cord around their necks, insert their
heads into a cord loop and get injured, or die silently in a few
minutes in any room, with or without supervision.
Additionally, safety devices such as cord cleats and tension
devices are unlikely to be effective because cord cleats need to be
attached on the wall and caregivers must wrap the cord around the cleat
each and every time the window covering is raised or lowered. As
incident data show, children can still access and become entangled in
cords by climbing on furniture. Tension devices also need to be
attached on the wall or windowsill, which may not occur due to
increased ``cost'' of compliance and unwillingness to create holes on
the wall (which may not be permitted in rental homes); depending on how
taut the cord loop is, it can still allow a child's head to enter the
opening as observed in the incident data.
A user research study found a lack of awareness on cord
entanglement among caregivers, lack of awareness of the speed and
mechanism of the injury; difficulty using and installing safety devices
as primary reasons for not using them; and inability to recognize the
purpose of the safety devices provided with window coverings. Warning
labels are not likely to be effective because research demonstrates
that consumers are less likely to look for and read safety information
about the products that they use frequently and are familiar with. Most
of the incident units had the permanent warning label on the product.
Even well-designed warning labels will have limited effectiveness in
communicating the hazard on this type of product.
Custom window covering cords have a long product life, and it may
take consumers several decades to replace these products. Accordingly,
every custom product sold with accessible operating cord presents a
``hidden hazard'' to young children and can remain a hazard in the
household for 20 years. Some consumers may believe that because they
either do not have young children living with them or visiting them,
inaccessible operating cords on window coverings are not a safety
hazard. However, window coverings last a long time, and when homes are
sold or new renters move in, the existing window coverings, if they are
functional, usually remain installed and could be hazardous to new
occupants with young children.
On the other hand, window coverings that comply with the operating
cord requirements for stock window covering requirements in section
4.3.1 of ANSI/WCMA-2018 adequately address the strangulation hazard, by
not allowing hazardous cords on the product by design, and therefore do
not rely on consumer action. One hundred percent of the operating cord
incidents involving custom window coverings would have been prevented
if the requirements in section 4.3.1 of ANSI/WCMA-2018 were in effect
and covered the incident products.
Based on reviews of CPSC databases, we found that a total of 194
reported fatal and nonfatal strangulations on window coverings occurred
among children eight years and younger, from January 2009 through
December 2020. Nearly 46 percent were fatal incident reports (89 of
194), while the remaining were near-miss nonfatal incidents. Sixteen of
the 194 victims required hospitalization, and six survived a hypoxic-
ischemic episode or were pulseless and in full cardiac arrest when
found, suffered severe neurological sequalae, ranging from loss of
memory to a long-term or permanent vegetative state requiring
tracheotomy and gastrointestinal tube feeding. One victim who remained
hospitalized for 72 days was released from the hospital with 75 percent
permanent brain damage and is confined to a bed.
Based on CPSC's Injury Cost Model, we estimated that approximately
185 medically treated nonfatal injuries have occurred annually from
2009 through 2020 involving children eight years and younger. We also
estimated that based on a review of National Center for Health
Statistics (NCHS) and a separate study of child strangulations, a
minimum of nine fatal strangulations related to window covering cords
occurred per year in the United States among children under five years
old from 2009-2019.
B. Number of Consumer Products Subject to the Proposed Rule
We estimate that approximately 512 million custom window coverings
are in use in the United States. Only corded custom window coverings
would be subject to the rule, which we estimate to be around 65 percent
of custom window coverings. This brings the total number of window
coverings that are subject to the rule to approximately 39 million
units sold per year.
C. The Public Need for Custom Window Coverings and the Effects of the
Proposed Rule on Their Utility, Cost, and Availability
Consumers commonly use window coverings in their homes to control
light coming in through windows and for decoration. ANSI/WCMA-2018
segments the market between stock and custom window coverings. Stock
and custom window coverings serve the same purpose, and window covering
cords on stock and custom products present the same hazards to
children. However, custom window coverings allow consumers to choose a
wider variety of specific material, color,
[[Page 1052]]
operating systems, or sizes, than stock products. Because ANSI/WCMA-
2018 effectively addresses operating cords on stock window coverings,
and the hazards on custom products are the same, the proposed rule
requires custom window coverings to meet the same performance
requirements for operating cords as the current operating cord
requirements for stock window coverings in ANSI/WCMA-2018.
The Commission does not expect the proposed rule to have a
substantial effect on the utility or availability of custom window
coverings, and the impact on cost depends on the product type. Custom
window coverings that already meet the voluntary standard would
continue to serve the purpose of covering windows in consumers' homes.
A possible negative effect could occur with regard to the utility of
custom window coverings for those consumers with accessibility issues,
or window coverings in hard-to-reach locations, because consumers may
need to use a tool to operate the window covering. However, this loss
of utility would be mitigated by the availability of existing tools
that are already available on the market, and by the ubiquity of
remote-controlled operating systems.
Retail prices of custom window coverings vary substantially. The
least expensive units for an average size window retail for less than
$40, while some more expensive units may retail for several thousand
dollars. The lowest cost to comply with the proposed rule determine by
CPSC staff was about $2.15 per unit. This per unit cost was for
potential modifications to comply with the proposed rule, in cases
where CPSC staff was able to estimate the potential cost. Custom window
covering prices may increase to reflect the added cost of modifying or
redesigning products to comply with the proposed rule. If the costs
associated with redesigning or modifying a custom window covering to
comply with the standard results in the manufacturer discontinuing that
model, there would be some loss in availability of that type.
Prices for custom window coverings are, on average, higher than
those for stock products, which are already required to comply with
section 4.3.1 of ANSI/WCMA-2018. Although prices of stock window
coverings have increased since the revised voluntary standard went into
effect in 2018, sales of stock products remain consistent.\42\ For
custom products that already have higher prices, consumers may be
willing to pay more for a safer window covering without affecting
sales, similar to stock window coverings.
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\42\ Staff does not have information on detailed sales data to
determine the impact of the ANSI/WCMA-2018 on stock products. CPSC
contractor (D+R) aimed to identify the share of custom versus stock
sales over time to understand how the window covering market has
changed in response to the ANSI/WCMA-2018 as the standard primarily
impacts stock products. Researchers considered that metal/vinyl
blinds, roller shades, vertical blinds, and wood/faux wood blinds
are the categories that should be most affected by the standard,
given their large share in stock product sales. They assumed that if
these categories had an increase in custom sales after 2018, it
would indicate that the cordless operation could be one of the
factors driving consumers towards purchasing custom products with
corded operation, despite the higher price points. However,
researchers' projections indicate that there is not a consistent
trend towards greater custom sales, and in the case of metal/vinyl
blinds, there is an increasing share of stock sales over time.
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D. Other Means To Achieve the Objective of the Proposed Rule, While
Minimizing Adverse Effects on Competition and Manufacturing
The Commission considered alternatives to achieving the objective
of the rule of reducing unreasonable risks of injury and death
associated with operating cords on custom window coverings. For
example, the Commission considered relying on compliance with the
voluntary standard, and education campaigns, rather than issuing a
mandatory rule for operating cords on custom window coverings. Because
this is the approach CPSC has relied on, to date, this alternative
would have minimal costs; however, it is unlikely to further reduce the
risk of injury from operating cords on custom window coverings.
Similarly, the Commission also considered narrowing the scope of
the rule to address only the hazards associated with operating cords on
custom vertical blinds, curtains, and drapes, because cords are not
critical to the operation of these products. Narrowing the proposed
rule to these three product types would lessen the cost impact and make
it unlikely that any particular product type and/or size would be
eliminated, and costs would be near $0 because using plastic rods for
operation is very similar to cords in cost. However, only 2 of the 35
custom product incidents (both are fatalities) were associated with
vertical blinds, and there were no curtain or drape incidents where the
stock/custom classification could be determined. This option would not
result in an effective reduction in injuries and deaths.
Another alternative the Commission considered was providing a
longer effective date. This may reduce the costs of the rule by
spreading costs over a longer period, but it would also delay the
benefits of the rule, in the form of reduced deaths and injuries.
E. Unreasonable Risk
Based on CPSC's Injury Cost Model, about 185 medically treated
nonfatal injuries have occurred annually from 2009 through 2020,
involving children eight years and younger. Based on a review of
National Center for Health Statistics (NCHS) and a separate study of
child strangulations, a minimum of nine fatal strangulations related to
window covering cords occurred per year in the United States among
children under five years old from 2009-2019. Based on reviews of CPSC
databases, we found that a total of 194 reported fatal and nonfatal
strangulations on window coverings occurred among children eight years
and younger, from January 2009 through December 2020. Nearly 46 percent
were fatal incident reports (89 of 194), while the remaining were near-
miss nonfatal incidents.
The Commission estimates that the rule would result in aggregate
benefits of about $49.5 million annually. Of the potential
modifications for which staff was able to estimate the potential cost,
the lowest costs were about $2.15 per unit. Effective performance
requirements for operating cords on window coverings are well known and
already utilized for lower-priced stock window coverings. Technologies
to address hazardous window covering cords are also known and utilized
on stock products. Moreover, the proposed rule is unlikely to have a
large impact on the utility and availability of custom window
coverings, but may have an impact on cost, depending on the design of
the window covering.
The determination of whether a consumer product safety rule is
reasonably necessary to reduce an unreasonable risk of injury involves
balancing the degree and nature of the risk of injury addressed by the
rule against the probable effect of the rule on the utility, cost, or
availability of the product. The Commission does not expect the
proposed rule to have a substantial effect on the utility or
availability of custom window coverings. The rule may impact the cost
of custom window coverings, but consumers already pay more for custom
window coverings, and are likely willing to pay more for safer
products.
Weighing the possibility of increased costs for custom window
coverings with the continuing deaths and injuries to young children,
the Commission concludes preliminarily that custom window coverings
with hazardous operating cords pose an unreasonable risk of injury and
death and finds that the proposed rule is reasonably
[[Page 1053]]
necessary to reduce that unreasonable risk of injury and death.
The proposed rule would apply the same requirements to custom
window coverings that already apply to stock products. The requirements
to address the hazard and the available technologies are widely known
and already utilized on the least expensive products. Despite this
fact, custom products remain corded, and deaths and injuries to young
children on window covering cords continues. As reviewed in XIII.A,
consumers do not appreciate the risk of strangulation, or how quickly
deaths and injuries occur, even when children are supervised, and
custom products can remain in consumer's homes for decades. Due to the
ongoing fatal and nonfatal incidents associated with window covering
cords, high severity of the outcomes (death and disability to
children), proven technical feasibility of cordless products, the
implementation of stronger operating cord requirements for stock window
coverings already on the market, and the ineffectiveness of warnings
and safety devices for this class of products, the Commission proposes
to regulate operating cords on custom window coverings.
F. Public Interest
This proposed rule is intended to address an unreasonable risk of
injury and death posed by hazardous operating cords on custom window
coverings. The Commission believes that adherence to the requirements
of the proposed rule will significantly reduce or eliminate a hidden
hazard, strangulation deaths and injuries to children 8 years old and
younger, in the future; thus, the rule is in the public interest.
G. Voluntary Standards
The Commission is aware of one national voluntary standard, ANSI/
WCMA-2018, and European, Australian, and Canadian standards. Among
these, the Commission considers the Canadian standard to be the most
stringent because it applies to all window coverings. ANSI/WCMA-2018
contains adequate performance requirements to address the risk of
strangulation on for inner cords for both stock and custom window
coverings and contains adequate requirements to address the risk of
injury on operating cords for stock products. The Commission also
believes that custom window coverings substantially comply with the
voluntary standard. However, the Commission does not consider the
operating cord requirements for custom window coverings in the standard
adequate to address the risk of injury, because the voluntary standard
still allows accessible and hazardous operating cords to be present on
custom products.
H. Relationship of Benefits to Costs
The aggregate benefits of the rule are estimated to be about $49.5
million annually; and the lowest cost of the rule is estimated to be
about $156.5 million annually. Some recent studies have suggested that
the VSL for children could be higher than that for adults. In other
words, consumers might be willing to pay more to reduce the risk of
premature death of children than to reduce the risk of premature death
of adults. A review of the literature conducted for the CPSC suggested
that the VSL for children could exceed that of adults by a factor of
1.2 to 3, with a midpoint of around 2 (IEc, 2018). This analysis
included other uncertainties, such as cost estimate calculations, the
number of corded window coverings in use, and the expected product life
for certain blind types. The cost studies from which staff derived all
of the cost estimates could be outdated, given the first study was
completed in 2016, about 2 years before WCMA revised the voluntary
standard for stock products. Economies of scale could have reduced
costs related to cordless components since the completion of the first
cost study in 2016. Additionally, the assumption used to create the
estimate of corded products in the market is based on interviews with
manufacturers and retailers, some of whom gave conflicting
accounts.\43\ Finally, the estimated product life used in the analysis
for vinyl and metal horizontal blinds was significantly shorter than
for the other products. This analysis was based on work completed by
D+R for the Department of Energy (2013). However, this estimate may be
skewed because of the dominance of stock window coverings in this
category. Custom window coverings have a longer product life. For
example, WCMA stated in their response to the ANPR that the expected
product life for a custom window covering is 10 years and is 3-5 years
for a stock window covering. CPSC staff expects a higher per-unit
benefit for custom products because of the longer expected product
life.
---------------------------------------------------------------------------
\43\ For example, one small retailer CPSC staff contacted
provided an account that stated demand and sales of corded products
have increased in the past two years, which is in conflict with
multiple accounts from manufacturers and other larger retailers.
---------------------------------------------------------------------------
In this case, the cost of certain custom window coverings may
increase if redesigned to meet the requirements in the proposed rule.
However, effective performance requirements for operating cords on
window coverings are well known and already utilized for lower-priced
stock window coverings. Moreover, technologies to address hazardous
window covering cords are also known and utilized on stock products.
Finally, consumers are likely willing to pay more for a custom window
covering that eliminates the strangulation risk to children.
Based on this analysis, the Commission preliminarily finds that the
benefits expected from the rule bear a reasonable relationship to the
anticipated costs of the rule.
I. Least Burdensome Requirement That Would Adequately Reduce the Risk
of Injury
The Commission considered less-burdensome alternatives to the
proposed rule, detailed in section V.C of this preamble, but
preliminarily concludes that none of these alternatives would
adequately reduce the risk of injury.
The Commission considered relying on voluntary recalls, compliance
with the voluntary standard, and education campaigns, rather than
issuing a mandatory standard. These alternatives would have minimal
costs but would be unlikely to reduce the risk of injury from custom
window coverings that contain hazardous cords.
The Commission considered issuing a standard that applies only to a
certain type of window covering such as vertical blinds. This would
impose lower costs on manufacturers but is unlikely to adequately
reduce the risk of injury because it would only address incidents
associated with those types. Based on the custom product incident data,
only 5.7 percent of the incidents involved vertical blinds and 22.7
percent involved faux wood/wood blinds.
The Commission considered providing a longer effective date for the
final rule. This option may reduce the costs of the rule by spreading
costs over a longer period, but it would also delay the benefits of the
rule, in the form of reducing the effectiveness of the final rule
during the period of delay.
XIV. Request for Comments
The Commission invites interested persons to submit their comments
to the Commission on any aspect of the proposed rule. Additionally, the
Commission seeks comment on the following topics:
A. The scope of the standard for custom window coverings,
whether certain products should be included or excluded;
[[Page 1054]]
B. Whether the ANSI/WCMA-2018 standard is adequate to address
the strangulation risk associated with custom window coverings;
C. Whether the rigid cord shroud requirements are adequate;
D. Whether cord or bead chain restraining devices should be
allowed for custom products that contains continuous loop operating
system;
E. Whether single retractable cord lift systems should be
allowed for custom products and whether maximum exposed cord length
and a minimum pull force for a single retractable cord lift system
can address the strangulation hazard;
F. The effect on component costs for custom products based on
the requirement for stock products to comply with the voluntary
standard since 2018;
G. Whether button or coin cell battery enclosures in a remote
control to operate a custom window covering should be included in
the rulemaking, related to the hazards of swallowing small
batteries;
H. Whether to include a warning label that alerts consumers that
if a hazardous cord becomes present due to broken window covering,
they should remove the product from use.
I. The appropriate effective date for the final rule.
Submit comments as provided in the instructions in the ADDRESSES
section at the beginning of this notice.
XV. Promulgation of a Final Rule
Section 9(d)(1) of the CPSA requires the Commission to promulgate a
final consumer product safety rule within 60 days of publishing a
proposed rule. 15 U.S.C. 2058(d)(1). Otherwise, the Commission must
withdraw the proposed rule if it determines that the rule is not
reasonably necessary to eliminate or reduce an unreasonable risk of
injury associated with the product or is not in the public interest.
Id. However, the Commission can extend the 60-day period, for good
cause shown, if it publishes the reasons for doing so in the Federal
Register. Id.
The Commission finds that there is good cause to extend the 60-day
period for this rulemaking. Under both the Administrative Procedure Act
and the CPSA, the Commission must provide an opportunity for interested
parties to submit written comments on a proposed rule. 5 U.S.C. 553; 15
U.S.C. 2058(d)(2). The Commission typically provides 75 days for
interested parties to submit written comments. In this case, a shorter
comment period may limit the quality and utility of information CPSC
receives in comments, particularly for areas where it seeks data and
other detailed information that may take time for commenters to
compile. Additionally, the CPSA requires the Commission to provide
interested parties with an opportunity to make oral presentations of
data, views, or arguments. 15 U.S.C. 2058. This requires time for the
Commission to arrange a public meeting for this purpose and provide
notice to interested parties in advance of that meeting. After
receiving written and oral comments, CPSC staff must have time to
review and evaluate those comments.
These factors make it impractical for the Commission to issue a
final rule within 60 days of this proposed rule. Moreover, issuing a
final rule within 60 days of the NPR may limit commenters' ability to
provide useful input on the rule, and CPSC's ability to evaluate and
take that information into consideration in developing a final rule.
Accordingly, the Commission finds that there is good cause to extend
the 60-day period.
List of Subjects
16 CFR Part 1112
Administrative practice and procedure, Audit, Consumer protection,
Reporting and recordkeeping requirements, Third-party conformity
assessment body.
16 CFR Part 1260
Consumer protection, Imports, Incorporation by reference,
Administrative practice and procedure, Window Coverings, Cords, Infants
and children.
For the reasons discussed in the preamble, the Commission proposes
to amend subchapter B of title 16 of the Code of Federal Regulations as
follows:
PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY
ASSESSMENT BODIES
0
1. The authority citation for part 1112 continues to read as follows:
Authority: Pub. L. 110-314, section 3, 122 Stat. 3016, 3017
(2008); 15 U.S.C. 2063.
0
2. Amend Sec. 1112.15 by adding paragraph (b)(53) to read as follows:
Sec. 1112.15 When can a third party conformity assessment body apply
for CPSC acceptance for a particular CPSC rule or test method?
* * * * *
(b) * * *
(53) 16 CFR part 1260, Safety Standard for Operating Cords on
Custom Window Coverings.
* * * * *
0
3. Add part 1260 to read as follows:
PART 1260--SAFETY STANDARD FOR OPERATING CORDS ON CUSTOM WINDOW
COVERINGS
Sec.
1260.1 Scope and definitions.
1260.2 Requirements.
1260.3 Prohibited stockpiling.
1260.4 Findings.
1260.5 Standards Incorporated by Reference.
Authority: 15 U.S.C. 2056, 15 U.S.C. 2058, and 5 U.S.C. 553.
Sec. 1260.1 Scope and definitions.
(a) This part establishes a consumer product safety standard for
operating cords on custom window coverings.
(b) This consumer product safety standard relies on the following
definitions in section 3 of ANSI/WCMA A100.1--2018 (incorporated by
reference, see Sec. 1260.5):
(1) Custom window covering (Custom blinds, shades, and shadings) as
defined in section 3, definition 5.01, of ANSI/WCMA A100.1--2018.
(2) Stock window covering (Stock blinds, shades, and shadings) as
defined in section 3, definition 5.02, of ANSI/WCMA A100.1--2018.
(3) Operating cord as defined in section 3, definition 2.19, of
ANSI/WCMA A100.1--2018.
(4) Cord shroud as defined in section 3, definition 2.09, of ANSI/
WCMA A100.1--2018.
(c) Rigid Cord Shroud is a cord shroud that is constructed of
inflexible material to prevent a child from accessing a window covering
cord.
Sec. 1260.2 Requirements.
(a) Requirements for operating cords. Each operating cord on a
custom window covering shall comply with section 4.3.1, instead of
section 4.3.2, of ANSI/WCMA A100.1-2018 (incorporated by reference, see
Sec. 1260.5).
(b) Requirements for rigid cord shrouds. If a custom window
covering complies with paragraph (a) of this section by using a rigid
cord shroud to make an operating cord inaccessible, the rigid cord
shroud shall not have an accessible cord when tested for cord
accessibility using the test methods defined in paragraphs (c) and (d).
(c) Test methods for rigid cord shrouds: Center load test. (1)
Support each end of the rigid cord shroud, but do not restrict the
rotation along the axial direction. Supports must be within 0.25 inches
from the ends of the shroud as shown in Figure 1.
BILLING CODE 6355-01-P
[[Page 1055]]
[GRAPHIC] [TIFF OMITTED] TP07JA22.028
(2) Apply a 5-pound force at the center of the rigid cord shroud
for at least 5 seconds as shown in Figure 2.
(3) Measure the maximum deflection of the shroud, while the 5-pound
force is applied.
(4) For rigid cord shrouds that are cpsc.gov">[email protected]cpsc.gov, and is available from the sources
listed below. You may also inspect a copy at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, email [email protected], or go to:
www.archives.gov/federal-register/cfr/ibr-locations.html.
[[Page 1059]]
(b) 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. 1260.1 and 1260.2.
(i) Read-only copy. https://www.wcmanet.com/pdf/WCMA-A100.1-2018_view-only_v2.pdf.
(ii) Purchase. https://webstore.ansi.org/Standards/WCMA/ANSIWCMAA1002018.
(2) [Reserved]
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2021-27896 Filed 1-6-22; 8:45 am]
BILLING CODE 6355-01-P
