[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Proposed Rules]
[Pages 29555-29562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12438]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1201

[CPSC Docket No. CPSC-2012-0049]


Safety Standard for Architectural Glazing Materials

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Consumer Product Safety Commission (``CPSC'' or 
``Commission'') is proposing an amendment to the Safety Standard for 
Architectural Glazing Materials (16 CFR part 1201) to clarify certain 
test procedures specified in the standard. The CPSC proposes to replace 
the testing procedures for glazing materials in certain architectural 
products, set forth in 16 CFR 1201.4, with the testing procedures 
contained in the voluntary standard, ANSI Z97.1-2009[egr]\2\, American 
National Standard for Safety Glazing Materials Used in Buildings--
Safety Performance Specifications and Methods of Test.

DATES: Written comments must be received by July 21, 2015.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2012-
0049, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept 
comments submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic

[[Page 29556]]

comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions by mail/hand 
delivery/courier to: Office of the Secretary, Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this notice. All comments received may be posted 
without change, including any personal identifiers, contact 
information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
that you do not want to be available to the public. If furnished at 
all, such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: http://www.regulations.gov, and insert the 
docket number CPSC-2012-0049, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Brian Baker, Project Manager, Division 
of Mechanical Engineering, Directorate for Laboratory Sciences, Office 
of Hazard Identification and Reduction, Consumer Product Safety 
Commission, 5 Research Place, Rockville, MD 20850; telephone: 301-987-
2289; [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

A. Safety Standard for Architectural Glazing Materials

    On January 6, 1977 (42 FR 1427), as amended on June 20, 1977 (42 FR 
31164), the Commission issued the Safety Standard for Architectural 
Glazing Materials under the Consumer Product Safety Act (``CPSA'') to 
reduce or eliminate risks of injuries associated with walking, running, 
or falling through or against glazing materials (``CPSC standard''). 
The standard applies to glazing materials used or intended for use in 
any of the following architectural products:
    (1) Storm doors or combination doors;
    (2) Doors (both exterior and interior);
    (3) Bathtub doors and enclosures;
    (4) Shower doors and enclosures; and
    (5) Sliding glass doors (patio-type).
    The standard applies to glazing materials and architectural 
products incorporating glazing materials that are produced or 
distributed for sale to or for the personal use, consumption or 
enjoyment of consumers in or around a permanent or temporary household 
or residence or in recreational, school, public, or other buildings or 
parts thereof. The standard was codified at 16 CFR part 1201.
    The standard exempts the following products, materials, and uses:
    (1) Wired glass used in doors or other assemblies to retard the 
passage of fire where required by federal, state, local, or municipal 
fire ordinance;
    (2) Louvers of jalousie doors;
    (3) Openings of doors which a 3 inch diameter sphere is unable to 
pass;
    (4) Carved glass (as defined in section 1201.2(a)(36)), dalle glass 
(as defined in Sec.  1201.2(a)(37)), or leaded glass (as defined in 
section 1201.2(a)(14)), which is used in doors and glazed panels (as 
defined in sections 1201.2(a)(7) and (a)(10)) if the glazing material 
meets all of the following criteria:
    (i) The coloring, texturing, or other design qualities or 
components of the glazing material cannot be removed without destroying 
the material; and
    (ii) The primary purpose of such glazing is decorative or artistic; 
and
    (iii) The glazing material is conspicuously colored or textured so 
as to be plainly visible and plainly identifiable as aesthetic or 
decorative rather than functional (other than for the purpose of 
admitting or controlling admission of light components or heat and 
cold); and
    (iv) The glazing material, or assembly into which it is 
incorporated, is divided into segments by conspicuous and plainly 
visible lines.
    (5) Glazing materials used as curved glazed panels in revolving 
doors; and
    (6) Commercial refrigerator cabinet glazed doors. 16 CFR 1201.1(c).
    On September 27, 1978, (43 FR 43704), the Commission amended the 
standard to clarify the definitions, description of test apparatus, and 
test procedures in the standard. The Commission stated that under the 
CPSA, when an amendment to a consumer product safety rule involves a 
material change, the procedures in section 7 and 9 apply. 15 U.S.C. 
2058(h). The Commission determined, however, that the amendments to the 
definitions, test apparatus, and test procedures did not involve a 
material change to the standard because they did not affect the basic 
purpose and provisions of the standard. (42 FR 53798, 53799 (Oct. 3, 
1977); 43 FR 43704 (Sept. 27, 1978.) Accordingly, the Commission did 
not apply the provisions of sections 7 and 9 of the CPSA. However, the 
Commission provided notice and comment under the informal rulemaking 
procedures of the Administrative Procedure Act (``APA''), 5 U.S.C. 553, 
before issuing a final rule.
    The Commission subsequently revoked portions of the standard that 
prescribed requirements for ``glazed panels'' (45 FR 67383, August 28, 
1980); an accelerated environmental durability test for plastic glazing 
materials intended for outdoor exposure (45 66002, October 6, 1980); 
and a modulus of elasticity test, a harness test, and an indoor aging 
test applicable to plastic glazing materials (47 FR 27853, June 28, 
1982). 16 CFR 1201.1(d) n.1. Tempered glass, wired glass, and annealed 
glass are also exempt from the accelerated environmental durability 
tests. 16 CFR 1201.4(a)(2).
    The testing procedures currently set forth in 16 CFR 1201.4 require 
impact tests and accelerated environment durability tests for non-
exempted materials, which are intended to determine if glazing 
materials used in these architectural products meet safety requirements 
designed to reduce or eliminate unreasonable risks of death or serious 
injury to consumers when glazing material is broken by human contact. 
The testing procedures further describe the testing equipment and 
apparatus required to be used, and the test result interpretation 
methodology to be employed in determining if the glazing materials 
being tested meet the safety requirements of the standard.

B. Petition Request

    On June 26, 2012, the Commission received a petition from the 
Safety Glazing Certification Council (``SGCC'' or ``petitioner''), 
requesting that the Commission initiate rulemaking to replace the 
testing procedures for glazing materials in certain architectural 
products, as set forth in 16 CFR 1201.4, with the testing procedures 
contained in the voluntary standard, ANSI Z97.1-2009[egr]\2,\ American 
National Standard for Safety Glazing Materials Used in Buildings--
Safety Performance Specifications and Methods of Test (the ANSI 
standard). SGCC stated that consumers and the glazing industry would be 
better served if the test procedures for glazing materials used in 
architectural products set forth in 16 CFR 1201.4 were replaced with 
the ANSI standard test procedures because the ANSI test procedures are 
more efficient and modern. The petitioner asserts that the testing 
procedures set forth in section 1201.4 were promulgated in 1977, and 
they have not been updated or clarified, as necessary. The petitioner 
stated that the ANSI standard for glazing materials has been updated 
periodically (in 1984, 1994,

[[Page 29557]]

2004, and 2009), unlike the CPSC standard, and that these updates 
include modifications in testing equipment and procedures. Petitioner 
asserted that the absence of updates to the CPSC standard during a 
period in which the ANSI standard was revised four times has resulted 
in different testing methods and qualifying procedures that have 
created confusion in the industry regarding which test methodology must 
be used in what circumstance. Petitioner claimed that the existence of 
overlapping but divergent CPSC and voluntary standards has resulted in 
manufacturers paying for duplicative testing.
    On August 30, 2012, notice of the petition was published in the 
Federal Register (77 FR 52625). The Commission received five comments, 
all supporting the petitioner's request to amend the existing test 
procedures with the ANSI standard. The petition was referred to the 
Commission's staff for evaluation. On April 3, 2013, CPSC staff 
submitted a briefing package to the Commission evaluating the petition, 
including the feasibility of integrating the test procedures of the 
ANSI standard into the CPSC standard.\1\ On April 9, 2013, the 
Commission voted to grant the petition.
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    \1\ http://www.cpsc.gov//Global/Newsroom/FOIA/CommissionBriefingPackages/2013/ArchitecturalGlazingPetitionBriefingPackage.pdf.
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    On May 6, 2015, CPSC staff submitted a briefing package to the 
Commission recommending that the Commission issue a proposed amendment 
to 16 CFR 1201.4 that would replace the testing procedures set forth in 
the CPSC mandatory standard for glazing materials in certain 
architectural products, with the testing procedures contained in the 
voluntary standard, ANSI Z97.1-2009[egr]\2\. The staff's briefing 
package is available on the CPSC's Web site at: http://www.cpsc.gov/Global/Newsroom/FOIA/CommissionBriefingPackages/2015/Proposed-Rule-to-Amend-the-Safety-Standard-for-Architectural-Glazing-Material.pdf.

C. Statutory Authority

    The proposed amendment to the CPSC standard would clarify certain 
test procedures specified in the mandatory standard. Under section 9 
(h) of the CPSA, if an amendment of a consumer product safety rule 
``involves a material change,'' 15 U.S.C. 2058(h), the Commission must 
make certain findings, including a finding that the amendment is 
``reasonably necessary to prevent or reduce an unreasonable risk of 
injury associated with such product''; the expected benefits of the 
amended rule ``bear a reasonable relationship to its costs''; and the 
amended rule imposes ``the least burdensome requirement which prevents 
or adequately reduces the risk of injury for which the rule is being 
promulgated.'' Id. Sec. Sec.  2056(a); 2058(a)-(g). If the amendment 
does not constitute ``a material change'' for purposes of section 9(h) 
of the CPSA, the Commission is not required to make the findings that 
are otherwise required for the amendment of a consumer product safety 
rule.
    When the Commission previously amended the CPSC standard to clarify 
the definitions and the description of test apparatus and test 
procedures in the architectural glazing standard, the Commission 
determined that the amendments to the definitions, test apparatus, and 
test procedures did not involve a material change to the standard 
because the changes did not affect the basic purpose and provisions of 
the standard. (43 FR 43704, September 27, 1978). However, the 
Commission did not elaborate on what changes might affect the basic 
purpose of a standard.
    To assess what types of changes may result in a material change for 
the proposed amendment, the Commission looked to other statutory 
language for guidance. The Consumer Product Safety Improvement Act 
(``CPSIA'') directed the Commission to establish protocols and 
standards to test children's products for testing and certification 
purposes ``when there has been a material change in the product's 
design or manufacturing process.'' 15 U.S.C. 2063(d)(2)(B). The 
Commission's regulation implementing this provision defines ``material 
change'' as: ``any change in the product's design, manufacturing 
process or sourcing of component parts that . . . could affect a 
product's ability to comply with the applicable rules, bans, standards 
or regulations.'' 16 CFR 1107.2. This definition contemplates that 
certain changes would not be considered ``material'' if changes are not 
significant enough to potentially impact the product's ability to 
comply with applicable standards and regulations.
    The basis for the Commission's findings in promulgating the 
standard for architectural glazing was that unreasonable risks of 
injury are associated with architectural glazing materials used in 
certain architectural glazing products. In assessing the question of 
whether unreasonable risks of injury or injury potential are associated 
with architectural glazing materials, the Commission balanced the 
degree, nature, and frequency of injury against the potential effect of 
the standard on the ability of architectural glazing materials to meet 
the need of the public and the effect of the standard on the cost, 
utility, and availability of architectural glazing materials to meet 
that need. 16 CFR 1201.1(d)(5).
    Consistent with this prior analysis, for the proposed amendment, 
the Commission has reviewed whether the proposed amendment would alter 
the original basic purpose of the rule addressing an unreasonable risk 
of injury associated with architectural glazing materials, including 
whether the proposed amendment would have an important or significant 
impact on the safety of consumers or on the burdens imposed on the 
regulated industry. In particular, to assess whether the basic purpose 
and provisions of the standard would be altered, the Commission 
compared the existing CPSC test procedures in the mandatory standard 
with the ANSI test procedures. The basic purpose of 16 CFR 1201.4 is to 
provide test procedures that will assess the safety of architectural 
glazing materials. The mandatory standard was promulgated to reduce or 
eliminate risks of injuries associated with walking, running, or 
falling through or against glazing materials in storm doors, doors 
(both exterior and interior), shower and bathtub doors and enclosures, 
and sliding or patio-type doors. The adoption of the ANSI test 
procedures will not alter that purpose. As discussed in section II 
below, the proposed amended testing procedures will clarify the 
existing test procedures and update references to current test methods.
    In addition, the Commission reviewed whether there would be an 
important or significant impact on the safety of consumers. As 
discussed in section IV below, CSPC staff's review showed that almost 
all of the samples tested both to 16 CFR 1201.1 and the ANSI standard 
passed both standards; only a small number of samples tested (5 out of 
more than 3,500) failed the CPSC standard testing, but passed when 
tested to the voluntary standard. Thus, the proposed amendment is 
unlikely to have an important or significant impact on the safety of 
consumers because testing to either standard provided consistent and 
comparable test results.
    The Commission also reviewed whether there would be any important 
or significant impact on the burdens imposed on the regulated industry. 
As discussed in section V below, CPSC staff's review showed existing 
widespread compliance with the ANSI standard. Therefore, the data did 
not show that adoption of the ANSI test procedures would impose any

[[Page 29558]]

additional burdens on the regulated industry. In fact, a slight 
reduction in the burdens imposed on the regulated industry is likely 
because the proposed amendment would reduce confusion in the industry 
regarding applicable test procedures. Moreover, adoption of the ANSI 
test procedures likely will make testing of the architectural glazing 
materials more efficient, less costly, and reduce redundant testing for 
manufacturers who currently comply with the ANSI standard, as well as 
the CPSC mandatory standard.
    Accordingly, as provided under section 9(h) of the CPSA, the 
Commission believes that the proposed amendment replacing the test 
procedures specified in the CPSC mandatory standard with the test 
procedures in the ANSI standard would not involve a material change 
requiring the procedures under sections 7 and 9 of the CPSA. However, 
because the proposed amendment would make revisions to an existing 
standard, the Commission is providing notice and comment under the 
informal rulemaking procedures of the APA, 5 U.S.C. 553, before issuing 
a final rule.

II. The Proposed Amendment

A. No Change in Scope

    The proposed amendment would replace the test procedures in the 
CPSC standard at 16 CFR 1201.4 with the ANSI test procedures. The ANSI 
standard covers certain products, materials, and uses that are exempt 
from the CPSC standard. The proposed amendment would not change the 
scope of products, materials, or uses covered by the CPSC standard.
    The CPSC standard currently exempts: Wired glass used in doors or 
other assemblies to retard the passage of fire where required by 
federal, state, local, or municipal fire ordinance; louvers of jalousie 
doors; openings of doors which a 3 inch diameter sphere is unable to 
pass; carved glass, dalle glass, or leaded glass; glazing materials 
used as curved glazed panels in revolving doors; and commercial 
refrigerator cabinet glazed doors. 16 CFR 1201.1(c). In addition, the 
test procedures at 16 CFR 1201.4(a)(2) do not provide for accelerated 
environmental durability testing of plastic glazing materials because 
those tests were removed from 16 CFR part 1201 by the Commission in the 
early 1980s. (45 FR 66002, October 6, 1980). Moreover, tempered glass, 
wired glass, and annealed glass are not required to be subjected to the 
accelerated environmental durability tests. Id. at Sec.  1201.4(a)(2).
    In contrast, the ANSI standard does not exempt any specific glazing 
materials. The ANSI testing procedures include testing for materials 
and products that are not covered by the CPSC standard: Plastic glazing 
and fire-resistant wire-glass. Accordingly, the ANSI standard includes 
tests for certain items, such as fire-resistant wired glass and 
accelerated environmental durability testing for plastic glazing, which 
are otherwise exempt from the CPSC standard. Although the ANSI standard 
does not specifically exempt tempered glass, wired glass, and annealed 
glass from the accelerated environmental durability tests, the ANSI 
standard only requires plastic glazing and organic coated glass to be 
subjected to the accelerated environmental durability test. Tests in 
the ANSI standard that apply to materials, products, or uses that are 
exempt from the CPSC standard would not be included in the proposed 
amendment.
    In the proposed amendment, the Commission does not propose to alter 
the scope or exemptions provided in the CPSC standard; materials that 
are exempt from 16 CFR part 1201 would continue to be exempt, and those 
exempt materials would not be subject to the ANSI test procedures. The 
proposed amendment, however, would adopt the ANSI standard for the 
remaining test procedures in the CPSC standard.

B. Test Procedures for Glazing Materials

    The proposed amendment replacing the CPSC test procedures in 16 CFR 
1201.4 with the ANSI test procedures will clarify the existing test 
procedures and update references to current test methods.
1. Obsolete References Will Be Replaced With Updated Test Methods
    Currently, 16 CFR 1201.4(b)(3)(ii) refers to obsolete ASTM standard 
practices and equipment, which have been replaced in the ANSI standard 
(5.4.1.1, 5.4.1.2). For example, the simulated weathering test in the 
CPSC standard references two outdated ASTM standards:
     ASTM G26-70--Practice for Operating Light Exposure 
Apparatus (Xenon-Arc Type) With and Without Water for Exposure of 
Nonmetallic Materials, was withdrawn by ASTM in 2000, and replaced with 
ASTM G155--Practice for Operating Xenon Arc Light Apparatus for 
Exposure of Non-Metallic Materials.
     The obsolete 1970 edition of ASTM D2565-70--Practice for 
Xenon-Arc Exposure of Plastics Intended for Outdoor Applications, has 
been revised over the years; its current edition is ASTM D2565-99 
(2008).
    For manufacturers who test to both the 16 CFR 1201.4 and the ANSI 
standard, using these withdrawn and obsolete versions of current 
standards can result in increased costs and duplication of testing if 
manufacturers are required to test to the earlier versions of these 
editions to meet the regulation and also test to the current versions 
of these standard practice test procedures to meet the voluntary 
standard. Furthermore, the old standards referenced in 16 CFR 
1201.4(b)(3)(ii) require obsolete test equipment that is currently not 
manufactured. By replacing the CPSC testing procedures with the updated 
references in the ANSI standard, the proposed amendment would allow the 
use of currently manufactured test equipment rather than the obsolete 
and outdated equipment referenced in section 1201.4(b)(3)(ii). The 
updated references would not involve a material change to the standard 
because changing these references to reflect current test methods would 
not alter the basic purpose of the CPSC standard.
2. The ANSI Impact Tests Are Similar to the Impact Tests in Section 
1201.4(b)
    Although ANSI Z97.1-2009[egr]\2\ has been modified several times 
since the CPSC standard was published, the impact tests of 16 CFR 
1201.4(b) and ANSI Z97.1-2009[egr]\2\ (5) are similar. The CPSC 
standard shows drawings of a Glass Impact Test Structure (Figures 1-5) 
that is similar to the drawing of the Impact Test Frame drawing in ANSI 
Z97.1-2009[egr]\2\ (Figures 1-7), except for differences in the 
descriptive terms used for naming the parts of the test apparatus, 
i.e., Main Frame and Sub-Frame in ANSI Z97.1-2009,[egr]\2\ versus 16 
CFR 1201.4's Impact Test Structure and Test Specimen Mounting Frame. 
ANSI Z97.1-2009[egr]\2\ provides enlarged drawings of the Impact Test 
Frame. Overall, the Glass Impact Test Structure of 16 CFR 1201.4 
appears to be of similar construction to the ANSI Z97.1-2009[egr]\2\ 
Impact Test Frame, except that ANSI Z97.1-2009[egr]\2\ provides clearer 
assembly drawings.
    The ANSI drawings are larger and clearer to use, which would 
benefit manufacturers. In addition, if the ANSI impact test procedures 
were adopted, manufacturers who currently test to both the CPSC 
standard and ANSI standard could avoid duplicative testing because the 
manufacturers would not need to conduct impact tests for both the CPSC 
standard and the ANSI standard. The proposed amendment adopting the 
ANSI test procedures

[[Page 29559]]

would not involve a material change to the standard because the ANSI 
impact tests are comparable to the CPSC impact tests, but clearer 
construction drawings are provided in the ANSI standard.
3. The ANSI Test Procedures Clarify Specimen Categories, Methodology, 
and Quantity
    The CPSC standard provides two impact categories, 150 foot-pound 
impact test (Category I) and 400 foot-pound impact test (Category II). 
16 CFR 1201.4(d). The ANSI standard provides three impact categories 
(5.1.2.1): A 400 foot-pound impact test (Class A); a 150 foot-pound 
impact test (Class B); and a 100 foot-pound impact test (Class C) for 
fire-resistant wired glass. The proposed amendment would not result in 
a material change because the impact categories in the CPSC standard 
would remain the same and still include the 150 foot-pound impact test 
and 400 foot-pound impact test. The 100 foot-pound test in the ANSI 
standard only applies to fire-resistant wired glass, a product that is 
exempt from the CPSC standard. The Commission is not proposing to 
change the scope of the materials covered by the CPSC standard. Thus, 
manufacturers would not be required to follow the ANSI standard 100 
foot-pound impact test (Class C) for fire-resistant wired glass because 
these materials remain exempt under the proposed amendment.
    Both 16 CFR 1201.4(e)(1) and ANSI Z97.1-2009[egr]\2\ (5.1.4 (1)) 
permit using a 3-inch diameter steel sphere for evaluating any hole 
remaining in an impact tested specimen after the impact test for flat 
specimens. However, the standards differ because the CPSC standard 
requires that the specimen be evaluated in a horizontal position after 
the vertical test is completed. ANSI Z97.1-2009[egr]\2\ requires that 
the impacted specimen remain in the vertical, upright as-impact tested 
position while being evaluated with the 3-inch diameter steel sphere. 
Adopting the ANSI test procedure does not constitute a material change 
in the test method because the basic purpose of the requirement is not 
altered; rather, the test procedure is clarified. Leaving the specimen 
in the vertical position makes it less likely that gravity or human 
error will contribute to the potential failure of a product.
    In addition, the requirements for size classification of impact 
specimens at 16 CFR 1201.4(c)(2) does not specify the number of 
specimens to be impact tested; rather, the standard requires only that 
the largest size and each thickness offered by the manufacturer are to 
be tested. However, ANSI Z97.1-2009[egr]\2\ (4.4) requires that four 
specimens of each size and thickness are to be impact tested. 
Specifying the number of specimens to be tested would not involve a 
material change to the standard because the proposed amendment would 
not alter the basic purpose of the requirement; rather, the ANSI test 
method would clarify the number of specimens to be tested, which would 
help reduce confusion on the number of specimens to be tested and 
provide a clearer test for manufacturers.
4. The ANSI Test Procedures Clarify Procedures for Evaluating Tempered 
Glass Specimens
    ANSI Z97.1-2009[egr]\2\ (5.2) has more specific procedures for 
evaluating tempered glass specimens than 16 CFR 1201.4(d). The ANSI 
standard specifies a procedure to evaluate tempered glass specimens 
that did not fracture as a result of the 400 foot-pound Class A impact 
test. In the CPSC standard, fragmented pieces of glass were evaluated, 
by size and weight, only if the specimen failed the impact test. The 
ANSI standard requires that all samples that have been impacted be 
subjected to a ``Center Punch Fragmentation Test,'' which requires 
purposely fracturing the unbroken impact-tested tempered glass specimen 
with a center punch and hammer. In both cases, the fractured pieces of 
the tempered glass specimen are evaluated by weighing the 10 largest 
fragments. A tempered glass specimen is considered to conform to both 
the CPSC standard and ANSI Z97.1-2009[egr]\2\ as acceptable for use as 
safety glazing, if the 10 largest fragments weigh no more than the 
equivalent of 10 in\2\ of the original unbroken specimen; however, ANSI 
Z97.1-2009[egr]\2\ requires that the pieces selected be no longer than 
4 inches in length. Adopting the ANSI test procedures for evaluating 
tempered glass would not alter the basic purpose of the CPSC standard; 
rather, the ANSI Center Punch Fragmentation Test provides a more 
accurate and efficient way of measuring potential failures, which would 
further clarify the impact test for tempered glass for manufacturers.
5. Other Provisions
    There are other testing procedures in the CPSC standard and the 
ANSI standard that are similar. Both standards have a boil test for 
laminated glass and similar requirements for testing for failure 
(1201.4(c)(3)(i); ANSI Z97.1-2009[egr]\2\ (5.3)). Both standards 
provide for accelerated environmental durability testing for organic 
coated glass (1201.4(d)(2)(B); ANSI Z97.1-2009[egr]\2\ (5.4)); adhesion 
tests for organic coated glass (1201.4(e)(ii)(B)(1); ANSI Z97.1-
2009[egr]\2\ (5.4.2.2.1)); tensile strength tests for organic coated 
glass (1201.4(e)(ii)(B)(2); ANSI Z97.1-2009[egr]\2\ (5.4.2.2.2)); and 
impact testing of organic coated glazing materials for indoor service 
(1201.4(c)(3)(iii); ANSI Z97.1-2009[egr]\2\ (5.4.3)). The similarities 
in the testing procedures between the two standards further support the 
adoption of the proposed ANSI testing procedures. The proposed 
amendment would not result in a material change because the tests are 
comparable; however, manufacturers who currently test to both the CPSC 
standard and ANSI standard could reduce confusion regarding which 
standard to follow, and avoid duplicative testing, if the Commission 
specified the use of the ANSI test procedures.

III. Injury Information

    CPSC Staff reviewed the Injury and Potential Injury Incident 
(IPII), In-Depth Investigation IDI), and Death Certificate databases 
for injuries reported to the Commission and identified 430 incidents 
for the period from 1978 to 2014. Since 1978, 98 architectural glazing-
related fatalities were reported to the CPSC. Shower doors and 
enclosures accounted for 64 percent of the injuries and deaths. Glass 
or partial glass storm doors accounted for 15 percent of the reported 
injuries and deaths, and ``sliding glass'' doors or doors only 
specified as ``glass doors'' accounted for 8 percent each of the 
reported injuries and deaths. At least two of the incidents involved 
wired glass, which is exempt from the CPSC standard.
    In addition to reviewing the CPSC databases, CSPC staff also 
identified 9,942 cases that occurred during the period from 1991 
through 2013, which involved injuries from architectural glazing 
products treated in the emergency departments of CPSC's National 
Electronic Injury Surveillance System (``NEISS'') member hospitals. 
Staff determined that due to design changes within NEISS, estimates 
made before 1991 are not comparable. Based on these cases, staff 
computed a national estimate of 420,000 emergency department-treated 
injuries, with a coefficient of variance of 0.0648 percent. The 95 
percent confidence interval for this estimate is 366,000 to 473,000. 
Ninety-six percent of the cases during the 1992 to 2013 period, which 
were reviewed by staff, involved lacerations. During this 20-year time 
period, the estimated number of emergency department-treated 
architectural glazing breakage incidents has declined.

[[Page 29560]]

    Injury severity ranged from minor lacerations, abrasions, and 
contusions, to more severe laceration, puncture, and penetration 
injuries. The body part most often involved in these incidents was the 
arm (46.8%), followed by hand (30.1%), and head (8.6%). The incidents 
captured in NEISS suggest that the most severe injuries (i.e., injuries 
that necessitated transfer to another hospital or admission to the 
hospital where emergency room treatment was provided) represented 
approximately 5 percent of the total. Lacerations are the most common 
hazard associated with glazing failures, and can range from superficial 
to extreme in their severity. Severe injuries often require surgery and 
rehabilitation, which may result in the loss of motion, loss of 
sensation, or permanent disfigurement.
    Although many incident reports lacked detailed information about 
the injury, a review of the incidents from the CPSC databases suggests 
that many of the injuries and deaths resulted from products that did 
not meet the CPSC standard; the deep laceration injuries and puncture 
and penetration wounds reported in these incidents, some of which were 
fatal, most likely resulted from large glass fragments from broken 
pieces of non-safety glass.

IV. Impact on Consumer Safety

    To assess the potential effect of the proposed amendment on 
consumer safety, in January 2014, CPSC staff collected information on 
sample data from 16 SGCC-approved testing laboratories to assess the 
relative compliance of architectural glazing companies with 16 CFR 
1201.4 and the ANSI standard. The 16 laboratories represented 
approximately 70 percent of the third party testing laboratories 
responsible for testing architectural glazing products. Specifically, 
the companies were asked if specimens that pass 16 CFR 1201.4 were ever 
noncompliant with ANSI standard, and if so, the frequency of such 
occurrence. Ninety percent of all responses stated that there had never 
been an instance in which a specimen that complied with the ANSI 
standard did not also comply with the requirements of 16 CFR 1201.4.
    These data indicate that replacing the CPSC standard testing 
procedures with the testing procedures in the ANSI standard would not 
have an important or significant impact on consumer safety because only 
a small number of samples tested (5 out of more than 3,500) failed the 
CPSC standard testing, but passed when tested to the voluntary 
standard. Accordingly, the data show that testing to either standard 
provides consistent testing results, and adopting the ANSI standard 
would not significantly affect the testing results.

V. Burdens on Industry Generally

    As discussed in section II, replacing the test procedures in 16 CFR 
1201.4 with the ANSI standard test procedures will make product testing 
more efficient and avoid potentially redundant tests for manufacturers 
who currently comply with the voluntary and the CPSC standard. 
Moreover, there is already substantial compliance with the ANSI 
standard.
    CPSC staff's review showed that there are about 250 manufacturers 
of architectural glazing materials and roughly 2,500 glazing material 
products certified annually. SGCC manages the certification testing for 
about 70 percent of the market. The remaining manufacturers conduct in-
house testing or they contract testing through labs outside of SGCC. 
All but a small proportion of these manufacturers currently test to 
both the CPSC mandatory standard and the ANSI voluntary standard.
    Most manufacturers in the architectural glazing industry certify 
their products to ANSI Z97.1-2009[egr]\2\ and 16 CFR part 1201. Of the 
products certified through SGCC, 99 percent or 1,855 products were 
certified to both ANSI Z97.1-2009[egr]\2\ and 16 CFR part 1201. Only 12 
products (0.6%) were certified solely to ANSI Z97.1-2009[egr]\2\; seven 
products (0.4%) were certified solely to 16 CFR part 1201. CPSC staff's 
review of manufacturers from the Glass Association of North America 
(``GANA''), which consists of members that both do and do not 
participate in the SGCC program, indicated that of the 35 manufacturers 
that test their products outside of SGCC and provided certification 
information, 32 manufacturers certified to both standards, and only 
three manufacturers listed certification to just 16 CFR part 1201.
    Based on CPSC staff's review, if the ANSI standard test procedures 
were adopted, the proposed amendment would not have an important or 
significant impact on the burdens imposed on the regulated industry. 
Almost all of the manufacturers already certify to the ANSI standard. 
Manufacturers currently testing to both the ANSI standard and the CPSC 
standard will probably experience a decrease in testing and 
certification costs because they would only need to follow one testing 
protocol to be certified to both standards. This reduces the number of 
samples that a manufacturer needs to fabricate for testing, which will 
directly reduce certification costs. In addition, for manufacturers who 
contract out their testing, shipping costs will be reduced, due to the 
smaller number of samples shipped. SGCC estimates that its customers 
each would save an average of $1,284 per product tested annually. Thus, 
the proposed amendment likely would lessen the impact on the burdens 
imposed on industry to meet the requirements of the CPSC standard.

VI. Regulatory Flexibility Act Analysis

    The Regulatory Flexibility Act (``RFA'') requires that proposed 
rules be reviewed for the potential economic impact on small entities, 
including small businesses. 5 U.S.C. 601-612. Section 603 of the RFA 
requires agencies to prepare and make available for public comment an 
Initial Regulatory Flexibility Analysis (``IRFA''), describing the 
impact of the proposed rule on small entities and identifying impact-
reducing alternatives. The requirement to prepare an IRFA does not 
apply if the agency certifies that the rulemaking will not have a 
significant economic impact on a substantial number of small entities. 
Id. 605. Because the Commission expects that the economic effect on all 
entities will be minimal, the Commission certifies that the proposed 
rule will not have a significant economic impact on a substantial 
number of small entities.

Small Entities to Which the Proposed Rule Would Apply

    The U.S. Small Business Administration (``SBA'') guidelines 
categorize manufacturers of flat glass as ``small'' if they have fewer 
than 1,000 employees; and they categorize manufacturers of products 
made with purchased glass as ``small'' if they have fewer than 500 
employees. In cases where firms fall under both categories, the size 
standard for flat glass manufacturers is applied to classify the firm. 
Based upon these criteria, the number of small manufacturers and 
importers identified in the architectural glazing market is 104, 
including 10 firms of undetermined size. Of the 104 small manufacturers 
known to produce architectural glass, 84 certify their products through 
the SGCC and 20 certify their products through other in-house testing, 
or they contract the testing.
    The expected impact of the proposed rule is to reduce the costs of 
certification for most manufacturers. The 102 of 104 small 
manufacturers currently testing to both the ANSI standard and the CPSC 
standard also will probably experience a decrease in

[[Page 29561]]

testing and certification costs because they would only need to follow 
one testing protocol to be certified to both standards. This reduces 
the number of samples a manufacturer needs to fabricate for testing, 
thus directly reducing certification costs. In addition, for 
manufacturers who contract out their testing, shipping costs will be 
reduced, due to the smaller number of samples shipped.
    SGCC estimates that its customers would each save an average of 
$1,284 per product tested annually. Two manufacturers outside SGCC's 
membership who currently test to both standards will also likely see 
cost savings. However, if these two manufacturers currently conduct 
their testing in-house, they do not incur the costs of shipping samples 
to SGCC; thus, the cost savings will be limited to the savings from 
fabricating fewer testing samples.
    One of the two small domestic manufacturers that does not certify 
to both standards is listed under SGCC's certified products directory 
and tests products only to 16 CFR part 1201. SGCC's fees are structured 
so that testing to ANSI Z97.1-2009[egr]\2\ and 16 CFR part 1201 
currently cost the manufacturer the same. Thus, this manufacturer 
should not experience an increase in testing fees from aligning 16 CFR 
1201.4's testing protocol with ANSI Z97.1-2009 \2\. However, there will 
probably be an increase in cost associated with the shipping and 
fabrication of the higher number of CPSC samples required to be tested 
under ANSI Z97.1-2009[egr]\2\.
    Of those small manufacturers identified outside of SGCC, only one 
was found to have products tested only to 16 CFR 1201.4, according to 
certification information readily available. This small manufacturer 
contracts out to a lab for certification and the lab tests to both 
standards. Therefore, this small manufacturer should not incur any 
significant increase due to testing fees. However, this manufacturer 
could experience some increase in shipping and fabricating costs, as 
identified above.
    In summary, 102 of 104 small architectural glazing producers (or 
about 98 percent of the small producers) would experience some slight 
cost savings, or no impact, due to the proposed amendment. 
Consequently, the Commission certifies that the proposed rule will not 
have a significant economic impact on a substantial number of small 
entities under the criteria of the RFA.

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 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). However, the proposed rule 
will decrease the number of samples that most manufacturers are 
required to test, and will likely lead to a small, beneficial effect on 
the environment because waste produced by the manufacture of excess 
samples, and the transport of those samples, will be reduced.

VIII. Paperwork Reduction Act

    Currently, there is no paperwork collection burden associated with 
16 CFR part 1201, and the proposed amendment to the regulation does not 
create any new paperwork collection burdens. Thus, no paperwork burden 
is associated with the proposed rule, and the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501-3520) does not apply.

IX. Executive Order 12988 (Preemption)

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when 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 may either establish or 
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. Section 9(h) of 
the CPSA provides that the Commission may by rule amend any consumer 
product safety rule. Therefore, the preemption provision of section 
26(a) of the CPSA would apply to any rule issued under section 9(h).

X. Effective Date

    The 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). 
Accordingly, if a final rule is issued, the amendment will go into 
effect 30 days after publication of a final rule.

XI. Incorporation by Reference

    The Commission proposes to incorporate by reference ANSI Z97.1-
2009[egr]\2\. The Office of the Federal Register (``OFR'') has 
regulations concerning incorporation by reference. 1 CFR part 51. The 
OFR recently revised these regulations to require that, for a proposed 
rule, agencies must discuss in the preamble to the NPR, ways that the 
materials that 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 to 
the proposed rule must summarize the material. 1 CFR 51.5(a).
    In accordance with the OFR's requirements, section II of this 
preamble summarizes the ANSI Z97.1-2009[egr]\2\ standard that the 
Commission proposes to incorporate by reference into 16 CFR part 1201. 
Interested persons may purchase a copy of ANSI Z97.1-2009[egr]\2\ from 
the following address. Attn: ANSI Customer Service Department, 25 W 
43rd Street, 4th Floor, New York, NY 10036. The standard is also 
available for purchase from ANSI's Web site: http://webstore.ansi.org/RecordDetail.aspx?sku=ANSI+Z97.1-2009. A copy of the standard can also 
be inspected at CPSC's Office of the Secretary, U.S. Consumer Product 
Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 
20814, telephone 301-504-7923.

XII. Request for Comments

    The Commission invites interested persons to submit their comments 
to the Commission on any aspect of the proposed amendment. Comments 
should be submitted as provided in the instructions in the ADDRESSES 
section at the beginning of this notice.

List of Subjects in 16 CFR Part 1201

    Administrative practice and procedure, Consumer protection, 
Imports, Labeling, Law enforcement, Incorporation by reference.

    For the reasons stated in the preamble, the Consumer Product Safety 
Commission proposes to amend 16 CFR part 1201 as follows:

PART 1201--SAFETY STANDARD FOR ARCHITECTURAL GLAZING MATERIALS

0
1. The authority citation for part 1201 continues to read as follows:

    Authority: Secs. 2, 3, 7, 9, 14, 19. Pub.L. 92-573, 86 Stat. 
1212-17; (15 U.S.C. 2051, 2052, 2056, 2058, 2063, 2068).

[[Page 29562]]

Sec.  1201.4  [Amended]

0
2. Revise Sec.  1201.4 to read as follows:

    (a) Except as provided in Sec.  1201.1(c) and (d), architectural 
glazing products shall be tested in accordance with all of the 
applicable test provisions of ANSI Z97.1-2009[egr]\2\ ``American 
National Standard for Safety Glazing Materials Used in Building--Safety 
Performance Specifications and Methods of Test.'' The Director of the 
Federal Register approves the incorporation by reference in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from ANSI 
Customer Service Department, 25 W 43rd Street, 4th Floor, New York NY, 
10036. You may inspect a copy at the Office of the Secretary, U.S. 
Consumer Product Safety Commission, Room 820, 4330 East West Highway, 
Bethesda, MD 20814, telephone 301-504-7923, or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) [Reserved]
0
3. Remove Figures 1 through 5 to Subpart A of Part 1201.

    Dated: May 19, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-12438 Filed 5-21-15; 8:45 am]
 BILLING CODE 6355-01-P