[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Rules and Regulations]
[Pages 73144-73195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25041]



[[Page 73143]]

Vol. 87

Monday,

No. 227

November 28, 2022

Part III





Consumer Product Safety Commission





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16 CFR Parts 1112 and 1260





Safety Standard for Operating Cords on Custom Window Coverings; Final 
Rule

  Federal Register / Vol. 87 , No. 227 / Monday, November 28, 2022 / 
Rules and Regulations  

[[Page 73144]]


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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: Final rule.

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SUMMARY: The U.S. Consumer Product Safety Commission (Commission or 
CPSC) has determined that custom window coverings with accessible 
operating cords 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 is issuing a final 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. The final rule provides several methods to make window 
covering cords inaccessible or non-hazardous. Because this is a 
consumer product safety rule, operating cords on custom window 
coverings must be tested and certified as meeting the requirements of 
the final rule. Custom window coverings that meet the definition of a 
``children's product'' require third party testing by a CPSC-accepted 
third party conformity assessment body. Accordingly, the final rule 
also amends the Commission's regulation that lists children's product 
rules requiring third party testing.

DATES: The effective date of the rule is May 30, 2023, and the rule 
will apply to all custom window coverings manufactured after that date. 
The incorporation by reference of the publication listed in this rule 
is approved by the Director of the Federal Register as of May 30, 2023.

FOR FURTHER INFORMATION CONTACT: Jennifer Colten, Compliance Officer, 
Office of Compliance and Field Operations, Consumer Product Safety 
Commission, 4330 East West Highway; telephone: 301-504-8165; 
cpsc.gov">jcolten@cpsc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    On January 7, 2022, the Commission published a notice of proposed 
rulemaking (NPR) to regulate operating cords on custom window 
coverings. 87 FR 1014 (Jan. 7, 2022). The Commission received over 2000 
comments on the proposed rule and, on March 16, 2022, held a public 
hearing to receive oral comments on the proposed rule.\1\ 87 FR 8441 
(Feb. 15, 2022).\2\ As described in this preamble, after consideration 
of the comments, the Commission is now finalizing the rule.\3\ The 
final rule is generally consistent with the NPR, but provides two 
methods to make operating cords inaccessible under the rule (using a 
rigid cord shroud or a retractable cord), and allows use of a loop cord 
and bean chain restraining device to prevent formation of hazardous 
loops. The final rule is 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),\4\ and on information in staff's September 28, 2022, Staff 
Briefing Package: Draft Final Rules for Corded Window Coverings 
(Staff's Final Rule Briefing Package).\5\
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    \1\ Video available at: https://www.youtube.com/watch?v=ggbi6Tm5egA; Transcript available at: https://www.regulations.gov/document/CPSC-2013-0028-3663.
    \2\ On March 2, 2022, the Commission voted to deny a February 
11, 2022 request by the Window Covering Manufacturers Association 
(WCMA), to extend the comment period for this rulemaking by 75 days. 
The staff's package explaining WCMA's request is available at: 
https://www.cpsc.gov/s3fs-public/NPR-for-Operating-Cords-on-Custom-Window-Coverings-Notice-of-Extension-of-Comment-Period.pdf?VersionId=AHlkvtMCFUiY21f3.fCcNfILlqcTCstT. A Record of 
Commission Action on the request is available at: https://www.cpsc.gov/s3fs-public/RCA-Safety-Standard-for-Custom-Window-Coverings-Notice-of-Extension-of-Comment-Period.pdf?VersionId=.YvybvKXK8VfmPx8GFqgcHH7t3E7ggS6. Although the 
Commission denied the comment period extension, the Commission has 
received and considered all late-filed comments for this rulemaking.
    \3\ On November 2, 2022, the Commission voted 4-0 to publish 
this final rule, and each Commissioner issued a statement in 
connection with their vote.
    \4\ 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.
    \5\ Available at: https://www.cpsc.gov/s3fs-public/Final-Rules-to-1-Add-Window-Covering-Cords-to-the-Substantial-Product-Hazard-List-and-2-Establish-a-Safety-Standard-for-Operating-Cords-on-Custom-Window-Coverings.pdf?VersionId=nDxz9G5hfDy5k.SnXkqgGKLiDsMK4hpe.
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A. Overview of the Final Rule

    The purpose of the final rule is to address the unreasonable risk 
of strangulation to children 8 years old and younger associated with 
hazardous operating cords on custom window coverings. The Commission 
issues this final rule pursuant to 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. The Commission finds that this rule 
is reasonably necessary to address an unreasonable risk of death and 
serious injury to children 8 years old and younger associated with 
corded custom window coverings, due to the ongoing fatal and nonfatal 
incidents, the high severity of the outcomes (death and disability to 
children), the availability of cost-effective technologies that address 
the hazard, and the inadequacies of parental supervision, warnings, 
education campaigns, external safety devices for this class of 
products, and the existing voluntary standard for custom products.
    The final rule is designed to eliminate the ongoing tragedy of 
child deaths on corded custom window coverings. The Commission is aware 
of 209 fatal and near-miss strangulations on window covering cords that 
occurred among children 8 years old and younger from January 2009 
through December 2021. The industry has been long aware of the 
strangulation hazard and how to address these deaths and injuries, by 
removing accessible cords from window coverings. Finally, in 2018, 
after more than 20 years of consideration, the voluntary standards 
committee revised the voluntary standard to eliminate the strangulation 
hazard on stock window coverings. After this change in the market, 
sales of stock products increased, even though the prices of stock 
products in some cases doubled.
    The final rule will extend the requirements for stock products to 
custom window coverings. Staff estimates that compliance with the final 
rule will result in a net increase of as little as $24 per household 
every approximately 10 years when consumers replace all custom window 
coverings in their home. See Table 9, infra, and Tab F of Staff's Final 
Rule Briefing Package. This price increase represents only about 5% of 
the total costs of replacing all custom window coverings. Id. The 
Commission expects that the custom window covering market will absorb 
this cost, just as seen in the stock window covering market. This fact 
is also observed in the Canadian window covering market. Canada 
implemented a rule earlier this year that eliminates hazardous cords on 
all window covering products, and the market has reacted with cost-
effective substitutes and redesigned products.
    The final rule is consistent with the proposed rule, by requiring 
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

[[Page 73145]]

Window Covering Products (ANSI/WCMA-2018). Section 4.3.1 of ANSI/WCMA-
2018 requires stock window coverings to have:
    (1) no operating cords (cordless) (section 4.3.1.1);
    (2) inaccessible operating cords (section 4.3.1.3); or
    (3) operating cords equal to or shorter than 8 inches in any use 
position (section 4.3.1.2).
    The proposed rule provided requirements for one method, a rigid 
cord shroud, for manufacturers to make operating cords inaccessible, to 
comply with section 4.3.1.3.
    Based on review and consideration of the public comments, the 
Commission is providing requirements for an additional method to meet 
the ``inaccessible'' requirement under section 4.3.1.3 in the final 
rule, a retractable cord, as long as it meets the performance 
requirements in the rule. The final rule does not preclude 
manufacturers from developing new methods of meeting the 
``inaccessible'' requirement in section 4.3.1 of ANSI/WCMA-2018. 
However, if manufacturers choose to use a rigid cord shroud or a 
retractable cord, these devices must meet the requirements in the final 
rule. The final rule also contains requirements for one method to make 
accessible continuous loops non-hazardous: loop cord and bead chain 
restraining devices. ANSI/WCMA-18 and the draft ANSI/WCMA A100.1--2022, 
American National Standard for Safety of Corded Window Covering 
Products (draft ANSI/WCMA-2022), allow these three methods to make 
cords non-hazardous, with different requirements from the final rule. 
Hundreds of commenters requested that we allow these options to remain 
for custom products. These methods are allowed in the final rule 
provided that they meet durability requirements.
    This final rule addresses the unreasonable risk of injury 
associated with operating cords on custom window coverings. In a 
separate, concurrent rulemaking under section 15(j) of the CPSA, under 
CPSC Docket No. CPSC-2021-0038, the Commission is finalizing a rule 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 on stock and custom window coverings.\6\
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    \6\ The preamble to the rule under section 15(j) explains that 
the voluntary standard adequately addresses operating cord hazards 
associated with stock window coverings, and inner cord hazards 
associated with both stock and custom window coverings. Note that 
unlike with custom window coverings, ANSI/WCMA-2018 does not include 
requirements for additional methods for stock products to meet 
section 4.3.1, and most stock products use manual lifting to comply 
with the voluntary standard. Regardless, the rule under section 
15(j) of the CPSA does not preclude manufacturers from innovating 
compliance methods, as long as the products meet the operating cord 
requirements in section 4.3.1 of ANSI/WCMA-2018.
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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. 
See 15 U.S.C. 2052(a)(5). The final rule applies to all custom window 
coverings used in residences, in schools, or elsewhere, as long as 
consumers have access to the window covering and are subject to a 
strangulation hazard. Id. Section 7(a) of the CPSA authorizes the 
Commission to promulgate this final rule which sets forth performance 
requirements that are reasonably necessary to prevent or reduce an 
unreasonable risk of injury or death associated with operating cords on 
custom window coverings. 15 U.S.C. 2056(a).
    Incident data demonstrate that children can strangle on accessible 
window covering cords that are long enough to wrap around their neck. 
Accordingly, the performance requirements in the final rule require 
that operating cords on custom products meet the 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, and provides several methods to make operating 
cords inaccessible or non-hazardous. Options to eliminate cords or to 
make cords inaccessible must be integrated with the product as sold, so 
that the safety of custom window coverings does not rely on the 
installation of external safety devices (i.e., cord tension device) by 
a consumer or an installer.
    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 will be in substantial compliance with the voluntary 
standard. 15 U.S.C. 2056(b)(1). As described in section II.F of this 
preamble, the Commission finds that custom window coverings 
substantially comply with the voluntary standard, ANSI/WCMA-2018. 
However, as reviewed in the NPR, section 4.3.2 of ANSI/WCMA-2018 that 
applies to custom window coverings, does not adequately address the 
risk of injury associated with operating cords on custom window 
coverings because it allows for the sale of custom window coverings 
equipped with hazardous operating cords. 87 FR 1030-32. A hazardous 
cord is one that is not compliant with section 4.3.1 of ANSI/WCMA-2018, 
which requires that products be cordless, use cords that are 
inaccessible to children, or use cords that are short (equal to or less 
than 8 inches) to prevent children from wrapping a cord around their 
neck. The NPR explained that the requirements in the rule would address 
100 percent of the known operating cord incidents associated with 
custom window coverings. Id. at 1031.
    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. The Commission may commence rulemaking by issuing either 
an advance notice of proposed rulemaking (ANPR) or an NPR. The 
Commission issued an ANPR for corded window coverings, including stock 
and custom products, in January 2015 (80 FR 2327 (January 16, 2015)). 
Subsequently, in January 2022, the Commission issued two NPRs. The 
Commission issued an NPR under section 15(j) of the CPSA for the 
hazards addressed by ANSI/WCMA-2018, including operating and inner 
cords on stock window coverings, and inner cords on custom window 
coverings (87 FR 891 (Jan. 7, 2022)), and issued an NPR under sections 
7 and 9 of the CPSA to address operating cords on custom window 
coverings (87 FR 1014 (Jan. 7, 2022)).
    As required in section 9 of the CPSA, in the NPR for custom window 
coverings, the Commission requested comment on the risk of injury 
identified by the Commission, the regulatory alternatives being 
considered, and other possible alternatives for addressing the risk of 
injury. The Commission also requested comments on the preliminary 
findings included in the proposed rule. Id. at 1053-54. Section III of 
this preamble summarizes and responds to the comments received on the 
NPR.

C. Product Description

1. Overview of Window Covering Products
    The NPR describes the types of custom window coverings in use and 
the types of operating cords and systems for custom window coverings. 
87 FR 1015-18. Window coverings include a

[[Page 73146]]

wide range of products, including shades, blinds, curtains, and 
draperies. 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.
BILLING CODE 6355-01-P
[GRAPHIC] [TIFF OMITTED] TR28NO22.004


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[GRAPHIC] [TIFF OMITTED] TR28NO22.005

BILLING CODE 6355-01-C
    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 4a, a close-up 
view of Figure 4, shows two continuous loop operating cords on the same 
blind; one cord tilts the slats to open and close the blind, and the 
other cord traverses the blind. 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. 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.

[[Page 73148]]

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 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 down the rear half of the loop will 
lower the shade, while pulling down the front half of the loop will 
raise the shade.
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.\7\ Cordless window coverings may 
require inner cords, but these can be, and typically are, made 
inaccessible. 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 handle or directly by hand. 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.
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    \7\ 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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4. Other Types of Safety Devices
    The NPR reviewed safety devices some manufacturers use to isolate 
operating cords to make them safer, and assessed whether these methods 
address the strangulation risk. 87 FR 1018-19. Alternative safety 
devices include, among others: retractable cords, cord cleats, cord 
shrouds, cord condensers, and wands. Tab I in Staff's NPR Briefing 
Package contains a more detailed description of these devices. In the 
NPR, the Commission preliminarily found that these devices, as 
addressed in ANSI/WCMA-2018, are inadequate to address the risk of 
injury associated with operating cords on custom window products. Id. 
However, the Commission requested comment on several methods used to 
make operating cords inaccessible, including rigid cord shrouds, a 
method included in the NPR, as well as retractable cords and cord and 
bead chain restraining devices. 87 FR 1054.
    Based on the comments received, and as discussed in section II of 
this preamble, the final rule includes additional methods to address 
the strangulation risk, including retractable cords and loop cord and 
bead chain restraining devices. In the final rule the Commission 
strengthens durability and performance requirements for these 
additional methods, to address the public comments and to ensure that 
use of safety devices does not introduce new hazards, such as from 
broken parts. These additional compliance methods allow for products 
that have one-handed operation and do not limit consumer accessibility 
to window coverings, but still eliminate the strangulation hazard.
5. ``Stock'' and ``Custom'' Window Coverings Defined in the NPR
    Like the NPR, this final rule relies on the definitions of window 
coverings and their features as set forth in the ANSI/WCMA-2018 
standard, which requires ``stock'' and ``custom'' window coverings to 
meet different sets of operating cord requirements. 87 FR 1019. The 
final rule uses the same definition of a ``stock window covering'' as 
the NPR, and has the same meaning as 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. 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'' prior to 
distribution in commerce, subsequent changes to the product do not 
change its categorization from ``stock'' to ``custom.''
    The final rule also 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.'' The final 
rule also includes definitions of ``operating cord,'' ``cord shroud,'' 
``rigid cord shroud,'' and ``retractable cord,'' as described in 
section IV.A of this preamble.

[[Page 73149]]

6. The Window Covering Industry
    The total U.S. window covering market size in 2021 was 
approximately $6.7 billion \8\ (Euromonitor 2022a). CPSC staff 
estimates that firms classified as small by Small Business 
Administration (SBA) guidelines account for $3.9 billion annually, and 
that none of these firms account for more than three percent of total 
market share by revenue (Euromonitor 2022b). The NPR reviewed that, 
based on 2017 data, 1,898 firms were categorized as blinds and shades 
manufacturers and retailers (Census Bureau, 2020). 87 FR 1019. 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 $3.5 billion, with North American 
window covering sales reported as $1.7 billion. 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). Id.
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    \8\ Stock window coverings most likely account for a minority of 
the total market size in terms of revenue due to significant average 
price differences between stock and custom products (D+R 
International 2021).
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    A recent study conducted for CPSC (D+R International 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.
7. Retail Prices
    As reviewed in the NPR, retail prices for window coverings vary, 
depending on the type of the product and retailer. 87 FR 1019; Tab F of 
the Final Rule Briefing Package. According to a D+R International 
(2021) study, average prices for window coverings range from $54 to $94 
for shades and from $25 to $250 for blinds.\9\ 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).\10\
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    \9\ 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.
    \10\ 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 can be as high as $5,000.\11\ Retailers often suggest 
in-home measuring and evaluation to estimate the price for custom 
designed products, as non-standard sizes or window shapes or motorized 
lift systems can require professional installation. Prices for 
customized window coverings are on average higher than similar stock 
products sold by mass retailers.
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    \11\ Based on firms' websites, retail prices for custom-made 
Roman shades can range from $300-$5,000.
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8. Window Coverings in Use
    CPSC staff calculated an estimate of the number, and statistical 
distribution, of custom window coverings in use using CPSC's Product 
Population Model (PPM).\12\ Tab F of the Staff Final Rule Briefing 
Package. The PPM is a statistical model that projects the number of 
products in use given estimates of annual product shipments/unit sales 
and information on product failure rates over time. Using the annual 
unit shipment estimates from the D+R International (2021) report, along 
with estimates on the number of corded products sold/in use, estimates 
for the share of custom products sold/in use, and estimates of the 
expected product life for window coverings by type provided by WCMA, 
staff estimates approximately 145 million corded custom window 
coverings in use in the United States in 2020. Table 1 shows the 
breakdown and calculation of estimated corded custom products in use, 
by type.
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    \12\ Lahr, M.L., Gordon, B.B., 1980. Product life model 
feasibility and development study. Contract CPSC-C-79-009, Task 6, 
Subtasks 6.01-6.06. Columbus, OH: Battelle Laboratories.

                                        Table 1--Estimates of the Number of Corded Custom Window Coverings in Use
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                                                           [1]                [2]                [3]                [4]                    [5]
                                                   -----------------------------------------------------------------------------------------------------
                                                        Number of         % of custom        % of corded                         Number of corded custom
                                                     products in use    products in use     products (WCMA    Expected product       products in use
                                                        (millions)        (WCMA 2022a)          2022b)       life (WCMA 2022b)         (millions)
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Horizontal Blinds.................................             474.24  .................  .................  .................                     76.02
    Vinyl/Metal...................................             251.35                 20               91.9                6.7                     46.20
    Wood/Faux Wood................................             222.89                 20               66.9               10.8                     29.82
Shades............................................             280.36  .................  .................  .................                     22.67
    Cellular......................................              94.46                 20               21.0                7.2                      3.97
    Pleated.......................................              40.66                 20               31.0                7.5                      2.52
    Roman.........................................              23.29                 20               41.2               8.75                      1.92
    Roller........................................              84.27                 20               57.3                7.2                      9.66
    Soft Sheer....................................              37.69                 20               61.1                7.2                      4.61
Vertical Blinds...................................             177.84                 20               64.8                7.6                     23.05
Curtains/Drapery..................................             212.59                 20               54.4                 15                     23.13
                                                   -----------------------------------------------------------------------------------------------------
    Total.........................................           1,145.03  .................  .................  .................                    144.87
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[[Page 73150]]

D. Hazards Associated With Window Covering Cords

    Window covering 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 7, 8, and 9 below 
depict the strangulation hazard for different window covering cord 
types.
BILLING CODE 6355-01-P
[GRAPHIC] [TIFF OMITTED] TR28NO22.006

[GRAPHIC] [TIFF OMITTED] TR28NO22.007

BILLING CODE 6355-01-C
    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

[[Page 73151]]

occlusion, strangulation can occur when a child's head or neck becomes 
entangled in any position, even in situations where the body is fully 
or partially supported.
    Strangulation is a form of asphyxia that can be partial (hypoxia), 
when there is an inadequate oxygen supply to the lungs, or total, when 
there is complete impairment of oxygen transport to tissues. A 
reduction in the delivery of oxygen to tissues can result in permanent, 
irreversible damage. Experimental studies show that as little as 2 kg 
(4.4 lbs.) of pressure on the neck may occlude the jugular vein 
(Brouardel, 1897); and 3 kg 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 loss of consciousness 
within 15 seconds and death in 2 to 3 minutes (Digeronimo and Mayes, 
1994; Hoff, 1978; Iserson, 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).
    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.
    Based on the data, the Commission also concludes that reliance on 
parental supervision and warning labels are inadequate to address the 
risk of injury associated with window covering cords. As reviewed in 
the NPR, a user research study found that caregivers lacked awareness 
regarding the potential for window covering cord entanglement; lacked 
awareness of the speed and mechanism of the strangulation injury; 
identified difficulty using and installing safety devices for window 
coverings among the primary reasons for not using them; and were unable 
to recognize the purpose of the safety devices provided with window 
coverings (Levi et al., 2016).\13\ According to Godfrey et al. (1983), 
consumers are less likely to look for and read safety information about 
the products that they frequently use and are familiar with. Consumers 
almost certainly have window coverings in their homes and may use them 
daily. Therefore, even well-designed warning labels will have limited 
effectiveness in communicating the hazard on this type of product.
---------------------------------------------------------------------------

    \13\ https://cpsc.gov/s3fs-public/Window%20Coverings%20Safety%20Devices%20Contractor%20Reports.pdf.
---------------------------------------------------------------------------

    Based on the foregoing, the Commission finds that warning labels 
are unlikely to effectively reduce the strangulation risk from 
hazardous cords on window coverings, because consumers are not likely 
to read and follow warning labels on window covering products, and 
strangulation deaths among children occur quickly and silently, such 
that parental supervision is insufficient to address the incidents. 
Indeed, staff observed that most of the window covering units involved 
in incidents had the permanent warning label required by the ANSI/WCMA 
standard affixed to the product. Even well-designed warning labels will 
have limited effectiveness in communicating the hazard on this type of 
product, because consumers are less likely to heed warnings for 
familiar products that they commonly interact with without incident.
    In contrast to requirements for custom window coverings in ANSI/
WCMA-2018, stock window covering requirements in the ANSI/WCMA standard 
adequately address the strangulation hazard, by not allowing hazardous 
cords on these products; stock window covering requirements do not rely 
on consumer action to address the risk of strangulation. Stock window 
coverings that comply with the ANSI/WCMA standard inherently minimize 
strangulation risk as sold because no consumer or installer action is 
required to protect against strangulation of children. Accordingly, the 
Commission concludes that the risk of injury associated with custom 
window coverings must be addressed through performance requirements for 
these products, to ensure that custom window coverings are as safe as 
stock window coverings for children 8 years old and younger.

E. Risk of Injury

    The incident data demonstrate that regardless of whether a product 
is categorized as stock or custom, children are exposed to the same 
risk of strangulation from accessible window covering cords. For the 
NPR, the Commission presented window covering cord incidents occurring 
from 2009 through 2020.\14\ 87 FR 1022-27. Since extracting data for 
the NPR, CPSC has received reports of 15 additional incidents. Tab A of 
Staff's Final Rule Briefing Package details this new incident data. The 
following analysis is based on incidents received from 2009 through 
2021, and distinguishes between stock and custom window coverings 
whenever feasible.
---------------------------------------------------------------------------

    \14\ CPSC staff searched three databases for identification of 
window covering cord incidents: the Consumer Product Safety Risk 
Management System (CPSRMS), the National Electronic Injury 
Surveillance System (NEISS), and the Multiple Cause of Deaths data 
file (further information can be found at https://wonder.cdc.gov/mcd-icd10.html). The first two sources are CPSC-maintained 
databases. The Multiple Cause of Deaths data file is available from 
the National Center for Health Statistics (NCHS).
---------------------------------------------------------------------------

1. Incident Data From CPSC Databases
    Based on newspaper clippings, consumer complaints, death 
certificates purchased from states, medical examiners' reports, reports 
from hospital emergency department-treated injuries, and in-depth 
investigation reports, CPSC staff found a total of 209 reported fatal 
and near-miss strangulations on window covering cords that occurred 
among children 8 years old and younger from January 2009 through 
December 2021. These 209 incidents do not necessarily include all 
window covering cord-related strangulation incidents that occurred 
during that period, and recent data, particularly for 2021, may be 
incomplete. However, these 209 incidents do provide a minimum number 
for such incidents during that time frame.
    Table 2a provides the breakdown of the incidents by year. Totals 
include new incidents received after the NPR data analysis, which are 
noted in parentheticals below. Because reporting is ongoing and the 
number of incidents may grow, and because these reports are anecdotal, 
inferences should not be drawn from the year-to-year variations in the 
reported data.

[[Page 73152]]



  Table 2a--Reported Fatal and Near-Miss Strangulation Incidents Involving Window Covering Cords Among Children
                                        Eight Years and Younger 2009-2021
----------------------------------------------------------------------------------------------------------------
                                                                         Number of reported incidents
                                                             ---------------------------------------------------
                        Incident year                                               Fatal           Near-miss
                                                                   Total       strangulations    strangulations
----------------------------------------------------------------------------------------------------------------
2009........................................................              48                14                34
2010........................................................              31                11                20
2011........................................................              10                 6                 4
2012........................................................              17                 8                 9
2013........................................................               9                 2                 7
2014........................................................              17                12                 5
2015........................................................               9                 7                 2
2016........................................................              17                13                 4
2017........................................................          10 (1)                 5             5 (1)
2018........................................................               8                 4                 4
2019........................................................              11                 4                 7
2020 *......................................................          13 (5)             8 (5)                 5
2021 *......................................................           9 (9)             6 (6)             3 (3)
                                                             ---------------------------------------------------
    Total...................................................        209 (15)          100 (11)           109 (4)
----------------------------------------------------------------------------------------------------------------
Source: CPSC epidemiological databases CPSRMS and NEISS. Data in ( ) indicate the number of new incidents
  received since the NPR data analysis.
Note: * indicates data collection is ongoing.

Among the 15 newly reported incidents, staff identified 11 fatalities 
(73 percent) and 4 non-hospitalized injuries (27 percent). The non-
hospitalized injuries resulted in lacerations and abrasions.
    Table 2b expands on Table 2a to display the distribution of the 
annual incidents by severity of incidents and type of window coverings 
involved. CPSC staff identified 50 of 209 incident window coverings (24 
percent) to be stock products, and 36 of the 209 (17 percent) window 
coverings as custom products. Where staff could identify a product 
type, custom products made up 42% (36 out of 86) of the incident 
products. CPSC staff could not identify the window covering type in the 
remaining 123 of the 209 incidents (59 percent); 65 of the 123 
incidents (53 percent) involving an uncategorized window covering 
resulted in a fatality.

  Table 2b--Reported Fatal and Near-Miss Strangulation Incidents Involving Stock/Custom/Unknown Types of Window
                         Covering Cords Among Children Eight Years and Younger 2009-2021
----------------------------------------------------------------------------------------------------------------
                                                          Reported incidents by window covering type
                                            --------------------------------------------------------------------
               Incident year                    Stock (fatal/      Custom (fatal/      Unknown (fatal/
                                                  nonfatal)           nonfatal)           nonfatal)        All
----------------------------------------------------------------------------------------------------------------
2009.......................................           20 (4/16)             7 (2/5)           21 (8/13)       48
2010.......................................            10 (3/7)             7 (2/5)            14 (6/8)       31
2011.......................................             2 (1/1)             4 (3/1)             4 (2/2)       10
2012.......................................             1 (1/0)             5 (1/4)            11 (6/5)       17
2013.......................................             2 (1/1)             3 (1/2)             4 (0/4)        9
2014.......................................             3 (2/1)             2 (1/1)            12 (9/3)       17
2015.......................................             4 (4/0)             1 (1/0)             4 (2/2)        9
2016.......................................             5 (3/2)             4 (3/1)             8 (7/1)       17
2017.......................................             2 (1/1)             1 (0/1)             7 (4/3)       10
2018.......................................  ..................             1 (0/1)             7 (4/3)        8
2019.......................................              1(0/1)  ..................            10 (4/6)       11
2020 *.....................................  ..................             1 (1/0)            12 (7/5)       13
2021 *.....................................  ..................  ..................             9 (6/3)        9
                                            --------------------------------------------------------------------
    Total..................................          50 (20/30)          36 (15/21)         123 (65/58)      209
----------------------------------------------------------------------------------------------------------------
Source: CPSC epidemiological databases CPSRMS and NEISS.
Note: * indicates data collection is ongoing.

    One hundred of the 209 incidents (48 percent) reported a fatality. 
Among the nonfatal incidents, 16 involved hospitalizations (8 percent). 
The long-term outcomes of these 16 injuries varied from a scar around 
the neck, to quadriplegia, to permanent brain damage. One additional 
child was treated and transferred to another hospital; the final 
outcome of this patient is unknown. In addition, 79 incidents (38 
percent) involved less-severe injuries, some requiring medical 
treatment, but not hospitalization. In the remaining 14 incidents (7 
percent), a child became entangled in a window covering cord, but was 
able to disentangle from the cord and escape injury. For the incidents 
identified in the NPR for which gender information is available, 66 
percent of the children were males, and 34 percent were females. One 
incident did not report the child's gender. For the 15 new incidents 
staff found a similar pattern regarding gender; 62 percent of the 
victims were male and 38 percent were females.

[[Page 73153]]

    Table 2c provides a breakdown of the incidents by window covering 
type. Among the 11 newly reported deaths since the NPR analysis, staff 
definitively identified the cord type in 6 deaths. Three deaths (27 
percent of all newly reported deaths) involved a pull cord, 2 deaths 
(18 percent) involved a continuous loop, and 1 death (9 percent) 
involved inner cord(s); staff had insufficient information to determine 
the cord type involved for the remaining 5 fatal incidents.

    Table 2c--Distribution of Reported Incidents by Types of Window Coverings and Associated Cords 2009-2021
                        [Numbers in parentheses indicate new reports received since NPR]
----------------------------------------------------------------------------------------------------------------
                                                                         Cord type
                                         -----------------------------------------------------------------------
          Window covering type              Pull    Continuous   Inner    Lifting    Tilt
                                            cord       loop       cord     loop      cord    Unknown     Total
----------------------------------------------------------------------------------------------------------------
Horizontal..............................   68 (3)            2    4 (1)         0        5         10     89 (4)
Vertical................................        0       12 (1)        0         0        0          0     12 (1)
Drapery.................................        0        4 (1)        0         0        0          0      4 (1)
Roman...................................        2            2       19         0        0          1         24
Other *.................................        2            5        0         0        0          0          7
Roll-Up.................................        1            0        0         4        0          1          6
Roller..................................        0            9        0         0        0          0          9
Unknown.................................        1            1        0         0        0     56 (9)     58 (9)
                                         -----------------------------------------------------------------------
    Subtotal [dagger]...................   74 (3)       35 (2)  .......  ........        5     68 (9)   182 (14)
                                         -----------------------------------------------------------------------
        Total...........................   74 (3)       35 (2)   23 (1)         4        5     68 (9)   209 (15)
----------------------------------------------------------------------------------------------------------------
Source: CPSC epidemiological databases CPSRMS and NEISS.
Other *: This category includes cellular and pleated shades.
Subtotal [dagger]: This row shows the incidents that are relevant to the section 7&9 rule.

2. Incident Data From National Estimates
(a) Estimates of Window Covering Cord-Related Strangulation Deaths 
Using National Center for Health Statistics Data
    The National Center for Health Statistics (NCHS) compiles all death 
certificates filed in the United States into multiple-cause mortality 
data files. The mortality data files contain demographic information on 
the deceased, as well as codes to classify the underlying cause of 
death, and up to 20 contributing conditions. The NCHS compiles the data 
in accordance with the World Health Organization (WHO) instructions, 
which request member nations to classify causes of death by the current 
Manual of the International Statistical Classification of Diseases, 
Injuries, and Causes of Death. Death classifications use the tenth 
revision of the International Classification of Diseases (ICD), 
implemented in 1999. For the NPR, 2019 was the latest available year 
for NCHS data; since then, data for 2020 have become available.
    Using the ICD10 code value of W76 (Other accidental hanging and 
strangulation), the code most likely to capture strangulation 
fatalities among children under 5 (based on empirical evidence from 
death certificates maintained in CPSC databases), CPSC staff derived 
fatality estimates for 2009 through 2020, presented in Figure 10 below. 
An unknown proportion of strangulation deaths is likely coded under 
ICD10=W75 (Accidental suffocation and strangulation in bed) as well as 
ICD10=W83 (Other specified threats to breathing), which staff cannot 
separate out from the non-strangulation deaths because of the 
unavailability of any narrative description in these data. Hence, 
CPSC's estimates of strangulation deaths are minimums.
    A 2002 CPSC report by Marcy et al.\15\ concluded that 35 percent of 
all strangulation fatalities among children less than 5 years old were 
associated with window covering cords. Assuming that the same 
proportion applied for the entire 12-year period 2009-2020, Figure 10 
below presents the national estimates for all strangulation fatalities 
as well as strangulations involving window covering cords among 
children under 5.
---------------------------------------------------------------------------

    \15\ N. Marcy, G. Rutherford. ``Strangulations Involving 
Children Under 5 Years Old.'' U.S. Consumer Product Safety 
Commission, December 2002.

---------------------------------------------------------------------------

[[Page 73154]]

[GRAPHIC] [TIFF OMITTED] TR28NO22.008

    Based on the 2002 study, staff estimates the annual average number 
of deaths due to window coverings at 8.1.\16\ We note that this 
estimate is consistent with CPSC's actual incident data over a 12 year 
period. For example, at the time of this final rule analysis, the 
incidents over the 12-year period 2009-2020 report an average of 7.8 
annual deaths involving window covering cords among children under 8 
years old.
---------------------------------------------------------------------------

    \16\ We received a comment critical of CPSC's use of this 2002 
study. At this point in time, we are unaware of other data sources 
that would provide information regarding a more current national 
trend in window covering cord-related strangulations and the 
commenter did not provide an alternate data source.
---------------------------------------------------------------------------

F. ANSI/WCMA-2018 History and Description

    The NPR detailed CPSC staff's decades-long efforts to work with the 
Window Covering Manufacturers Association beginning in 1995 on an 
American National Standards Institute voluntary standard to address the 
strangulation hazard to young children from accessible cords on window 
coverings. 87 FR 1027-28. Importantly, after several versions of a 
voluntary standard failed to adequately address the strangulation risk, 
on January 8, 2018, ANSI published a revision to the window coverings 
standard, ANSI/WCMA A100.1--2018, that adequately addressed the 
operating and inner cord strangulation hazard for stock window 
coverings, and the inner cord hazard for custom products. WCMA updated 
the 2018 version the standard in May 2018, and the standard went into 
effect on December 15, 2018. That standard did not, however, adequately 
address the operating cord hazard for custom products.
    ANSI/WCMA-2018 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), ANSI/WCMA-2018 allows the sale of corded 
window coverings that do not meet this standard, such as on some custom 
order products (sections 4.3.2.4 through 4.3.2.6). Table 3 demonstrates 
the operating cord systems allowed on custom window coverings that are 
prohibited on stock window coverings in ANSI/WCMA-2018.

       Table 3--ANSI/WCMA-2018 Operating and Inner Cord Requirements for Stock and Custom Window Coverings
----------------------------------------------------------------------------------------------------------------
 Performance requirements in ANSI/   Assessment of the performance
          WCMA A100.1-2018                    requirement               Stock products        Custom products
----------------------------------------------------------------------------------------------------------------
1. No operating cords OR...........  Adequate.....................  Required to have one   Allowed/Not Required.
2. Short cord with a length equal                                    or more of these
 to or less than 8 inches in any                                     options.
 state (free or under tension) OR.
3. Inaccessible operating cords....
4. Inner cords that meet Appendix C  Adequate.....................  Required.............  Required.
 and D.
5. Manufacturer Label that meets     Adequate.....................  Required.............  Required.
 section 5.3.

[[Page 73155]]

 
6. Single Retractable Cord Lift      Inadequate...................  Prohibited...........  Allowed/Not
 System (no limit on length of                                                              Prohibited.
 exposed cord when operating).
7. Continuous Loop Operating
 System.
8. Accessible Operating Cords
 longer than 8 inches.
----------------------------------------------------------------------------------------------------------------

    Section 4.3.2 of ANSI/WCMA-2018 contains additional 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
    (3) warning labels must depict more graphically the strangulation 
hazard associated with cords (5.1).
    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, consistent with 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.

G. Development of Draft Revised ANSI/WCMA Voluntary Standard

    After the publication of the NPR on January 7, 2022, WCMA brought 
forth several proposals to revise requirements for custom window 
covering cords in ANSI/WCMA-2018, resulting in a final draft revision 
that went to ballot on July 15, 2022.\17\ The ballot closed on August 
15, 2022. CPSC staff voted negative on the ballot based on staff's 
analysis of the draft standard. Staff assessed as inadequate to address 
the risk of injury the requirements for tension devices used with 
continuous loop operating systems, the requirements for retractable 
cords, and tests for rigid cord shrouds and loop cord and bead chain 
restraining devices.\18\ Although the draft ANSI/WCMA-2022 has not been 
adopted, and thus an assessment of this draft is not necessary for this 
rulemaking, CPSC nonetheless discusses the draft revised standard in 
section II.D of this preamble, based on Tab I of Staff's Final Rule 
Briefing Package. The draft ANSI/WCMA-2022 standard improves some 
requirements for operating cords on custom window coverings, but 
continues to allow accessible operating cords and loops that are long 
enough to wrap around a child's neck.
---------------------------------------------------------------------------

    \17\ From December 2021 through May 2022, CPSC staff 
participated in meetings held by ANSI/WCMA to discuss updating the 
voluntary standard. Tab C of Staff's Final Rule Briefing Package 
contains a more detailed description of staff's participation. 
Meeting logs and staff's correspondence have been placed on the 
docket for this rulemaking.
    \18\ CPSC staff letter is available at https://www.regulations.gov/document/CPSC-2013-0028-3667.
---------------------------------------------------------------------------

    On September 23, 2022, WCMA issued a recirculation ballot due to 
negative votes cast for the original balloted revisions. In addition to 
CPSC staff, Consumer Federation of America, Independent Safety 
Consulting, LLC, and Parents for Window Blind Safety voted negative. As 
explained in Tab C of Staff's Final Rule Briefing Package, the 
reballoting does not resolve the concerns identified by CPSC staff.

H. 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.\19\ 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 published an ANPR seeking information and 
comment on regulatory options for a mandatory rule to address the risk 
of strangulation to young children on window covering cords, and then 
subsequently published two NPRs, under different authorities, to 
address the risk of injury.
---------------------------------------------------------------------------

    \19\ 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).
---------------------------------------------------------------------------

    The Commission is now finalizing both rules. The rule under section 
15(j) of the CPSA is being finalized as proposed. See CPSC Docket 
Number CPSC-2021-0038. This rule under sections 7 and 9 of the CPSA is 
being finalized consistent with the NPR, but provides that rigid cord 
shrouds, retractable cords, and loop cord and bead chain restraining 
devices are all methods that can be used to make window covering cords 
inaccessible or non-hazardous. All of these devices are sold integrated 
with a custom window covering, and contain additional requirements in 
the final rule to ensure that any cords remain inaccessible or if 
accessible, non-hazardous, and that the test methods ensure durability 
over the use of the product.
2. Window Covering Recalls
    Since January 1, 2009, CPSC has conducted 42 consumer-level window 
covering 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,\20\ including Roman shades and blinds, roll-up 
blinds, roller shades, cellular shades, horizontal blinds, and vertical

[[Page 73156]]

blinds. The recalled products also included stock products, which can 
be purchased off the shelf by consumers, and custom products, which are 
made-to-order window coverings based on a consumer's specifications, 
such as material, size, and color.
---------------------------------------------------------------------------

    \20\ This estimate does not include the recalled units of Recall 
No. 10-073. This was a December 15, 2009 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

    Consistent with the NPR, the final rule requires that operating 
cords on custom window coverings meet the same requirements as those 
for operating cords on stock window coverings, as provided in section 
4.3.1 of ANSI/WCMA-2018. Additionally, based on the comments received, 
the final rule includes rigid cord shrouds and retractable cords as 
methods to make operating cords on custom window coverings inaccessible 
to children, and loop cord and bead chain restraining devices as a 
method to prevent the formation of hazardous loops. Below we provide an 
overview of the engineering and human factors analysis of the 
requirements for stock and custom window coverings in ANSI/WCMA-2018, 
assess the balloted draft revision (draft ANSI/WCMA-2022), and evaluate 
the available technologies to make window coverings safer for children. 
We also explain the changes made in the final rule in response to the 
comments received on the NPR.

A. Engineering Assessment of Operating Cord Requirements in ANSI/WCMA-
2018

1. Stock Window Coverings
    As stated in the NPR, the requirements for operating cords on stock 
window coverings in ANSI/WCMA-2018 are adequate to address the risk of 
strangulation associated with window coverings. 87 FR 1030-31. Staff 
analyzed the incident data for window coverings, 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 
eliminates the strangulation hazard associated with operating cords. 
Consumers use a mechanism, other than an operating cord, to accomplish 
the desired movement action (i.e., lifting, lowering, traversing). For 
example, a spring mechanism on a horizontal blind allows the user to 
lift and lower the blind via the 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, 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. The requirements for stock products in ANSI/
WCMA-2018 rely on this 8 inch operating cord limit, requiring that 
operating cords must be 8 inches or shorter, or must be made 
inaccessible, to address the strangulation risk. The Canadian window 
covering regulation has a similar requirement, limiting accessible cord 
lengths to about 8.7 inches.
    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.
    Figure 11 displays an example of a rigid cord shroud. In Figure 11, 
the accessibility probe cannot touch the operating cord because it is 
surrounded by the cord shroud. Therefore, the window covering in Figure 
11 meets section 4.3.1.3 of ANSI/WCMA-2018, because the operating cord 
is inaccessible.

[[Page 73157]]

[GRAPHIC] [TIFF OMITTED] TR28NO22.009

    The Commission 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 it limits the length of the cord so that 
it is too short for a child to strangle.
2. Custom Window Coverings
    As stated in the NPR, 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 custom window coverings to be sold with 
hazardous operating cords if they are custom ordered. 87 FR 1031-32. Of 
the 36 custom window covering incidents reviewed by staff, 31 (86%) 
incidents were related to operating cords (including pull cords and 
continuous loops). CPSC has determined 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.
    The 2018 version of the voluntary standard added two new 
requirements for custom window coverings to mitigate the strangulation 
hazard: (1) default maximum operating cord length of 40 percent of the 
blind height when the product is fully lowered, and (2) a default tilt 
wand option, instead of a cord, for tilting slats. 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 any of the methods below, 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 for a child to wrap around 
their 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 the NPR, 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 their head into the continuous loop if it is not taut 
enough; in addition, tension devices may not be attached to the wall, 
which results in a free loop. Including the data reviewed since the 
NPR, CPSC staff identified 25 fatal strangulations involving a 
continuous corded loop without a functional tension device (e.g., no 
device on the loop, device on the loop but not attached to a fixed 
surface, or broken device).\21\ Moreover, staff identified various 
scenarios where a head probe could be inserted into the hazardous loop 
from an installed continuous loop with an ANSI/WCMA-compliant tension 
device attached to the wall. Staff also identified mis-installation or 
failure modes that will leave a hazardous loop on a custom product 
throughout its life cycle, starting from its installation.\22\ In all 
these circumstances, a continuous loop operating system is not 
sufficient to prevent strangulation of a child.
---------------------------------------------------------------------------

    \21\ Tab I of Staff's NPR Briefing Package, section II.C of the 
NPR.
    \22\ Tab I of Staff's Final Rule Briefing Package.
---------------------------------------------------------------------------

    We received more than 420 comments stating that continuous loops 
with properly attached tension devices are safe and should not be 
eliminated by the rule. These comments, however, are inconsistent with 
incident data, and CPSC staff's assessment of tension devices. Because 
of the risk of serious injury and death to children created by these 
devices, absent adequate safety features, the rule will not allow these 
devices to be sold with custom window coverings unless there is also an 
integrated, durable, safety feature that will adequately address the 
hazard. Specifically, the final rule will allow continuous loop systems 
if the product integrates a loop cord or bead chain restraining device 
that meets revised requirements in the final rule, including tests to 
ensure durability, such as an ultraviolet (UV) test, followed by a 
cyclic test, and a deflection test, as set forth in Sec.  1260.2(d) of 
the final rule and explained in more detail in section II.E of this 
preamble.
    (b) 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 out to any length to operate the 
window covering, provided that it then retracts to a shorter length 
when the user releases the cord.

[[Page 73158]]

Retractable cord lift systems with an extended cord greater than 8 
inches, and a low retraction force so that a child can access that 
length, allow a child to manipulate the cord and wrap the cord around 
their 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 are not 
specified in the standard.
    CPSC requested comment in the NPR 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, could address the strangulation hazard. 87 FR 1031-32. More 
than 140 commenters requested that retractable cords be allowed for use 
on custom window coverings. To address the comments, and to adequately 
address the risk of injury, the final rule allows for the use of single 
retractable cord systems provided they meet the additional requirements 
in the rule. Section 1260.2(c) requires that retractable cord systems 
complete retraction at 30 grams, have a non-cord retraction device, and 
have a stroke length equal to or less than 12 inches below the 
headrail. Retraction at 30 grams is the amount of force required to 
pull back the retractable cord fully into the headrail, to ensure that 
the cord remains inaccessible after use. A non-cord retraction device 
means that the product must use something other than a cord for the 
user to interact with to operate the window covering, such as a wand. A 
stroke length is the fixed amount of exposed cord available when a user 
pulls the retraction device down to lower or raise the window covering. 
In section II.E below, we assess that these additional requirements, 
including requirements for durability testing, will adequately address 
the strangulation hazard associated with accessible window covering 
cords.
3. Window Covering Technologies
    The NPR reviewed safer window covering technologies to address the 
strangulation hazard in use on stock and custom window coverings, 
including cordless window coverings, window coverings with rigid cord 
shrouds, and cordless motorized window coverings. 87 FR 1032. Operating 
cords can be made inaccessible with passive guarding devices that 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. Id.
    Cordless blinds can be raised and lowered by pushing up the bottom 
rail or pulling down the rail. 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.\23\
---------------------------------------------------------------------------

    \23\ The 2018 standard tests rigid cord shrouds for UV stability 
and impact.
---------------------------------------------------------------------------

    The NPR included requirements for rigid cord shrouds based on the 
deflection and deformation test previously developed by the ANSI/WCMA 
members. The final rule retains the requirements for two tests, as 
proposed in the NPR: 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 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 final rule maintains these requirements in Sec.  
1260.2(b). However, the final rule contains one clarification that 
rigid cord shrouds must also meet the UV and durability testing for 
cord shrouds in section 6.3 of ANSI/WCMA-2018.
    The NPR also discussed crank mechanisms and cordless motorized 
blinds as safer alternatives to replace corded continuous-loop systems. 
87 FR 1032. Cordless custom window coverings are allowed in the final 
rule pursuant to Sec.  1260.2(a). Crank mechanisms are also allowed 
under Sec.  1260.2(a) if the crank mechanism replaces the operating 
cord.

B. International Standards for Window Covering Operating Cords

    The NPR identified and assessed three international standards for 
operating cords on window coverings: (1) Australian, (2) Canadian, and 
(3) European. 87 FR 1032-22. The NPR stated that ANSI/WCMA-2018 is more 
stringent than the Australia Regulation, 2010 F2010C00801, and the 
European regulations, EN 13120, EN 16433 and EN 16434. However, the NPR 
stated that 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 for 
a 1-year old child to wrap around their neck (i.e., not more than 22 cm 
(8.66 inches) in length) or form a loop that a 1-year-old child can 
pull over their head (i.e., not more than 44 cm (17.32 inches) in 
circumference). Id. 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 allow long, accessible operating cords on custom products. Id.
    Although the Canadian standard is similar to the ANSI/WCMA's stock 
window covering requirement, there are some differences. The NPR 
explained how the standards differ in the definition of an ``accessible 
cord,'' stating that the ANSI/WCMA-2018 standard has a more stringent 
definition. Id. Additionally, in Tab F of Staff's Final Rule Briefing 
Package, staff explains that the Canadian standard has a more stringent 
inner cord pull force requirement than ANSI/WCMA-2018; although staff 
assesses that the pull force in the ANSI/WCMA standard is adequate to 
address the risk of injury.

[[Page 73159]]

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 for stock window coverings. However, 
section 4.3.2 of ANSI/WCMA-2018 sets different requirements for 
operating cords on custom window coverings. Manufacturers can choose to 
meet the same requirements as stock products (cordless, inaccessible, 
or 8 inches or shorter) to comply, but the standard continues to allow 
operating cords that are accessible and that are longer than 8 inches, 
such as single retractable cord lift systems (with no stroke length 
limit), 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 added the following two 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 12 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 
12). The length requirement in section 4.4 still applies to tilt cords.
[GRAPHIC] [TIFF OMITTED] TR28NO22.010

CPSC has concerns with longer operating cords that would 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; about 8 inches of cord is enough to encircle the 
child's neck.\24\ Additionally, multiple cords can tangle and create a 
loop into which a child can insert their head; a loop with a 
circumference of about 17 inches is sufficient for child's head to 
enter.\25\ Figure 13 shows these two scenarios.
---------------------------------------------------------------------------

    \24\ Neck circumference of fifth percentile 6- to 9-month-old 
children is 8 inches (BSI, 1990 as cited in Norris and Wilson, 
1995).
    \25\ Head circumference of fifth percentile 6- to 9-month-old 
children is 16.5 inches (Snyder et al., 1977).

---------------------------------------------------------------------------

[[Page 73160]]

[GRAPHIC] [TIFF OMITTED] TR28NO22.011

     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. For example, a 60-inch-tall window blind with 
a 24-inch long (i.e., 40 percent, consistent with section 4.4 of ANSI/
WCMA-2018) operating cord can have an operating cord that is as long as 
84 inches when the blind is fully raised.
     If the cord tilt option is chosen, the cord tilt can also 
be long enough for a child to wrap around their neck or be tangled and 
create a loop in which a child's head can enter.
     Firms typically allow consumers to easily change the 
default options during the custom order process, thus, maintaining a 
firm's ability to continue to sell accessible operating cords that 
exceed 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 the 
NPR, 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 a 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 reach 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 reduces the benefit of 
having a default length of 40 percent of the window covering height in 
the fully lowered position of the window covering, because the cords 
will get longer as the product is raised.\26\ Based on these data, the 
Commission concludes that the requirements in sections 4.4 and 4.4.1 of 
the ANSI/WCMA-2018 standard are inadequate because they continue to 
allow accessible and long cords to be part of the window covering.
---------------------------------------------------------------------------

    \26\ 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 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 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.\27\ 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 (i.e., 
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.
---------------------------------------------------------------------------

    \27\ 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.

---------------------------------------------------------------------------

[[Page 73161]]

    Among the 36 incidents involving custom products, at least 16 of 
the incident units had a visible, permanent warning label, as displayed 
in Table 5.\28\ In some cases, parents reported that they were aware of 
the cord hazard, but never thought their child would interact with a 
cord; 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.
---------------------------------------------------------------------------

    \28\ 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.........................................................            7
Unknown....................................................           10
                                                            ------------
  Total....................................................           36
------------------------------------------------------------------------

    As stated above, 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. Certain 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 
14 shows examples of cord cleats and tension devices.
[GRAPHIC] [TIFF OMITTED] TR28NO22.012

(a) Cord Cleats
    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. Furthermore, cord cleats can be 
accessed by a child if they climb onto something, like a couch or 
chair. 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.
(b) 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 that 
removal of the device demand a sequential (i.e., multi-step) process or 
tools. The voluntary standard also requires window coverings to be 
designed so that they are prevented, at least partially, from 
operating, unless the tension device is properly installed. The 
standard also requires that the tension device be supplied with 
fasteners and instructions and meets the durability test requirements.
    Reliance on safety devices that consumers must use or install 
separately from the window covering operating system is problematic for 
several reasons. First, this is not an ideal approach from the 
consumer's perspective because securing safety devices goes beyond the 
installation of the window covering itself, and increases the time and 
effort required to use the product. Second, safety devices usually 
require drilling holes on the wall or windowsill, which may not be 
permissible for renters and may not be desirable by homeowners. Third, 
the requirement that window coverings be designed so that they are at 
least partially prevented from operating, unless the tension device is 
properly installed, has not proven to be effective. CPSC staff has 
determined that a head probe (simulating a child's head) can be 
inserted into a tensioned loop cord; and as described below, there are 
reported strangulation incidents involving this scenario and others 
where tensioners were present.
    Among the 36 incidents involving custom products, 13 had continuous 
loop cords or bead chains. In one non-injury incident, the child was 
able to insert his head through the loop even though a professional 
installer had attached the tension device to a wall. In two incidents, 
a tension device was attached to the cord but not to the wall. In one 
incident, the tension device had broken prior to the incident and not 
been repaired. In five incidents with continuous loops or bead chains, 
a tension device was not installed or present. The reports on the 
remaining four incidents contain no mention of a tension device.
(c) Consumer Perception of Non-Integrated Safety Devices
    Some consumers may believe that because they do not expect to have 
young children living with them or visiting them, installation of 
external safety devices, such as tension devices and cord cleats, is 
unnecessary. But custom window coverings last approximately 10 years, 
and so they can be expected to remain in the home for a long time. 
Unforeseen visits by children can occur in that period, and when homes 
are sold, or new renters move in, the existing window coverings,

[[Page 73162]]

if they are functional, usually remain installed and become hazardous 
to visitors and new occupants with young children.
    Finally, 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.\29\ 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. Major findings from the study point to:
---------------------------------------------------------------------------

    \29\ https://cpsc.gov/s3fs-public/Window%20Coverings%20Safety%20Devices%20Contractor%20Reports.pdf.
---------------------------------------------------------------------------

    (i) A general awareness about cord entanglement among caregivers 
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 study preferred a cordless window 
covering or a passive mechanism, which does not require intentional 
action by the user. The researchers 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, these improvements would be incremental, and increasing the 
use of cordless window coverings would be needed to achieve significant 
benefits.
    For the final rule, the Commission determines that safety devices 
that are external to the window covering product and require 
installation and/or consumer interaction to make the cord less 
hazardous, are ineffective to adequately reduce the risk of injury from 
strangulation. However, the final rule does provide for use of passive 
safety devices, such as cord shrouds and loop cord and bead chain 
restraining devices, to adequately address the risk of injury, provided 
that the passive safety device is integrated with the product before 
sale, and does not require use or installation of an external safety 
device.
4. Relying on Parental Supervision Is Inadequate
    For many years, CPSC has identified cords on window coverings as a 
hidden hazard. If young children are left unsupervised for even a few 
minutes in a room that is considered safe, such as a bedroom or family 
room, they can wrap a cord around their neck, insert their head into a 
cord loop, and be injured or die silently.
    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. Among the 36 incidents involving custom products, incident 
location is known for 34 incidents. In 18 incidents, the 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 five 
were witnessed by an adult, and two incidents occurred in the company 
of other children. Almost all the incidents (15/16) that occurred in a 
bedroom were unwitnessed (Table 6).
    Behavioral research supports these incident reports. People cannot 
be perfectly attentive, particularly over long periods, 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 
for about 4 percent of awake time in the home. The most common rooms in 
which children were left alone and unsupervised, according to the 
research, 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......................................       9          6
Family/Living/Dining room:
  Witnessed by Adult.................................  ......          5
  Witnessed by children..............................  ......          2
  Not witnessed......................................       5          6
Unknown..............................................  ......          2
                                                      ------------------
  Grand Total........................................      15         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- to 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. 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.
    To effectively address the unreasonable risk of strangulation 
associated with operating cords on custom window coverings, the final 
rule contains the same requirements for operating cords on custom 
window coverings that are required in the voluntary standard for stock 
window coverings. Additionally, the final rule specifically approves 
two methods to make operating cords inaccessible (rigid cord shroud or 
retractable cord), and one method to prevent the formation of a 
hazardous loop on a continuous-loop system (loop cord or bead chain 
restraining device).

[[Page 73163]]

6. Addressability of Incidents With the Final Rule
    Table 7 displays incident data for the custom and stock (and 
unknown) product categories, by cord type. If the custom window 
coverings involved in the incident data had complied with the 
requirements in the final rule for operating cords, meaning complying 
with the requirements for stock products in section 4.3.1 of ANSI/WCMA-
2018, 91.1 percent (31/34) of the custom product incidents for which 
cord type is known would have been prevented. All of the remaining 
custom product incidents for which cord type is known would have been 
addressed by complying with the voluntary standard for inner cords, 
which will be codified as mandatory in the final rule under section 
15(j) of the CPSA.

               Table 7--Stock/Custom/Unknown Window Coverings Involved in Incidents and Cord Types
                                          [All reported data combined]
----------------------------------------------------------------------------------------------------------------
                                       Continuous   Inner    Lifting   Operating     Tilt                Grand
            Stock/custom                  loop       cord     loop        cord       cord    Unknown     total
----------------------------------------------------------------------------------------------------------------
Custom..............................           13        3         0           18        0          2         36
Stock...............................            3       14         1           24        2          6         50
Unknown.............................           19        6         3           32        3         60        123
                                     ---------------------------------------------------------------------------
    Grand Total.....................           35       23         4           74        5         68        209
----------------------------------------------------------------------------------------------------------------

7. Accessibility Concerns
    Section 9(e) of the CPSA, 15 U.S.C. 2058(e), requires that the 
Commission consider the special needs of elderly and handicapped 
persons to determine the extent to which such persons may be adversely 
affected by such rule. At least 383 commenters stated that having a 
short cord introduces accessibility issues for various consumers, 
including people in wheelchairs or people who are otherwise challenged 
to reach elevated access cords; and these commenters urge that these 
consumers still need a corded product. Similarly, some commenters 
stated that the proposed rule is not compliant with the Americans with 
Disabilities Act (ADA). In that regard, the Department of Justice has 
published accessibility standards called the 2010 ADA Standards for 
Accessible Design (2010 ADA Standards). The 2010 ADA Standards set 
minimum requirements for newly designed and constructed or altered 
state and local government facilities, public accommodations, and 
commercial facilities to be readily accessible to and usable by 
individuals with disabilities. Sections 308.2 and 308.3 of the 2010 ADA 
Standards specify forward and side reach distances.\30\ For example, an 
unobstructed high forward reach and high side reach shall be 48 inches 
(Figures 15-18).
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    \30\ Department of Justice (2010). 2010 ADA Standards for 
Accessible Design, accessed at: https://www.ada.gov/regs2010/2010ADAStandards/2010ADAStandards.pdf.
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BILLING CODE 6355-01-P

[[Page 73164]]

[GRAPHIC] [TIFF OMITTED] TR28NO22.013

    In Tab B of Staff's Final Rule Briefing Package, staff assesses 
that alternative solutions can safely replace the existing hazardous 
cords, such as rigid cord shrouds and loop cord and bead chain 
restraining devices, which can allow access at about the same height as 
corded products. Additionally, retractable cords can be made accessible 
with a rigid wand or handle to an easy-to-access height. Moreover, 
poles are available to reach the bottom of cordless products.
    Under the ADA, operable parts of the window covering need to be 
operable with one hand and not require tight grasping, pinching, or 
twisting of the wrist; the force required to activate operable parts 
must be five pounds maximum. Traditional operating cords and continuous 
loop bead chains and cords require tight pinching and grasping to 
operate. However, window coverings that are compliant with the 
mandatory rule would likely have interfaces, such as rigid cord 
shrouds, which would meet the ADA requirement, by avoiding pinch grip, 
and instead using hand grip.
    Also, rigid cord shrouds, loop cord and bead chain restraining 
devices, and retractable devices can be easier to operate from behind 
furniture, compared to continuous loops that are attached to a wall. 
Figure 19 illustrates a comparative assessment. If the continuous loop 
is not attached to a wall, then it is easier to access (by leaning to 
grab it) and operate, but it poses a strangulation risk (left); if a 
tension device is attached to a wall, it is not easy for consumers to 
access (middle); on the other hand, a rigid cord shroud is not less 
accessible, and it is operable behind the furniture while also being 
safe (right).

[[Page 73165]]

[GRAPHIC] [TIFF OMITTED] TR28NO22.014

    Lastly, if continuous loops with tension devices were allowed as an 
option in homes where accessing the cord is an issue, continuous loops 
might not be attached to the wall, particularly in locations where a 
continuous loop is difficult to access when the cord is kept taut via a 
tension device. Based on the incident data, staff concludes that it is 
reasonably foreseeable that not only a consumer, but also a 
professional installer, may follow an elderly or disabled consumer's 
request not to install the tension device and remove it from the cord 
loop in homes where accessibility is an issue. By contrast, products 
manufactured with a safer option would be both accessible to a disabled 
user and protective of child safety.
    Finally, as explained in more detail in section II.E of this 
preamble, the Commission is approving in the final rule three methods 
that not only make window coverings safer, but also may be suitable for 
hard-to-reach locations and for persons with disabilities.
8. Information and Education
    Since 1985, CPSC has been warning 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. Given the long history of continuing injuries and deaths 
despite window covering safety campaigns, the campaigns have not 
adequately eliminated or reduced the hazard.

D. Assessment of the Balloted Draft ANSI/WCMA-2022 Standard

    After the publication of the NPR on January 7, 2022, WCMA brought 
forth several proposals to revise the requirements for custom window 
covering cords in ANSI/WCMA-2018. On July 15, 2022, WCMA issued a 
ballot to revise ANSI/WCMA-2018 (draft ANSI/WCMA-2022) and the ballot 
closed on August 15, 2022. The draft balloted ANSI/WCMA-2022 standard 
includes safety improvements from the ANSI/WCMA-2018 standard. These 
include: elimination of free-hanging operating and tilt cords, 
elimination of cord loop lift systems, elimination of continuous cord 
loop systems for horizontal blinds, and adding deflection and 
deformation tests for rigid cord shrouds.
    Section 9(b)(2) of the CPSA requires the Commission to rely on a 
voluntary standard if the voluntary standard is likely to reduce the 
risk of injury and products within the scope of the standard will 
likely substantially comply with the voluntary standard. For section 
9(b)(2) of the CPSA to apply, such voluntary standard must be ``in 
existence,'' meaning approved by the voluntary standards organization. 
ANSI/WCMA has not yet approved the balloted draft voluntary standard. 
Accordingly, the Commission will not rely on the draft balloted ANSI/
WCMA-2022 standard for the final rule. In addition, Tab I of the 
Staff's Final Rule Briefing Package contains a detailed analysis of the 
draft standard, which finds inadequacies in the proposal that we 
summarize below.
    1. Modified requirements for single-cord retraction devices: 
Although draft ANSI/WCMA-2022 eliminates cords attached to the 
Operating Interface (i.e., the part of the cord retractor that the 
operator pulls on) to prevent the creation of a hazardous loop, the 
draft revision allows a maximum stroke length of 36 inches. In Tab B of 
Staff's Final Rule Briefing Package, CPSC staff assesses this revision 
to be inadequate to eliminate the strangulation hazard, because a 36-
inch extended cord could allow a child to wrap the cord around his/her 
neck.
    2. Additional requirements for tension devices used with continuous 
loop operating systems:
    a. The modification in section 6.3.1 of the balloted standard 
requires tension devices to be attached to the cord or bead chain loop 
by the manufacturer, and be designed, placed, and shipped such that, 
unless properly installed, or unless altered from the shipped condition 
with sequential process (requiring two or more independent steps to be 
performed in a specific order) or tools, it prevents the window 
covering from operating fully. This draft requirement does not ensure 
that tension devices will be effective for the life of the window 
covering. For example, if an installer cuts the zip tie that is 
sometimes used to connect tension devices to the headrail, then the 
tension device would have been altered from its shipping condition with 
a tool, and operation of the window covering without the tension device 
would be consistent with section 6.3.1. Therefore, this requirement 
still allows consumers or the installer to set up the window covering 
in an unsafe manner while either in a fully operable state by removing 
the tension device from the loop, or in a partially operable state, by

[[Page 73166]]

leaving the tension device on the loop, but not attaching it on the 
wall.
    b. The modification in section 6.3.2, states that the manufacturer 
shall attach the tension device to the cord or bead chain loop by means 
of a permanent assembly method. This requirement is intended to ensure 
that if an installer or consumer attempts to remove the tension device, 
the device or component will break. CPSC staff is aware of an incident 
involving a tension device that used one-way snap features, as 
permitted by the balloted draft standard. The snap features broke off, 
exposing the continuous loop cord (Figure 20 below, from In-Depth 
Investigation (IDI)). This incident shows that a permanent assembly 
method requirement does not ensure that the tension device will remain 
assembled. CPSC staff assesses that this provision is inadequate to 
address the risk of injury, because even if the tension device breaks, 
the looped cord will not necessarily be damaged. Therefore, for hard-
to-reach locations, or for people who do not want holes in their walls, 
removing the tension device may be preferable, and the window covering 
will remain fully operable.
[GRAPHIC] [TIFF OMITTED] TR28NO22.015

    c. The modification in section 6.3.3 of the balloted draft 
standard, states: ``the tension device in conjunction with the product 
shall maintain tension on the operating cords when properly installed. 
If the tension device is installed in a location that does not maintain 
tension on the operating cords, the tension device will prevent the 
window covering from operating as designed for full operation of the 
product. The window covering may not operate independently of the Cord 
or Bead Chain Loop.''
    The draft standard defines ``Tension'' as ``The applicable, 
consistently applied force required to eliminate or prohibit the 
creation of a hazardous loop in any operating position.'' Yet, in 
testing a tension device identified as compliant with the draft 
standard, CPSC staff determined that an amount of tension that allowed 
full operation of the window covering still allowed a head probe to be 
inserted into the loop (Figure 21 below).

[[Page 73167]]

[GRAPHIC] [TIFF OMITTED] TR28NO22.016

    Accordingly, staff has concluded that a properly installed tension 
device that would be acceptable under the balloted standard still 
allows an accessible hazardous loop, which is also observed in one 
incident (Figure 23).
    Additionally, while the draft ANSI/WCMA-2022 requires the tension 
device to prevent the window covering from operating, as designed, for 
full operation of the product, the window covering can be operated 
partially, as shown in Figure 23. An incident that occurred in 2005 had 
a window covering with a ``universal cord tensioner'' that limited the 
operability of the window covering unless the tension device was 
installed. The plastic universal cord tensioner piece was hanging 
freely from the cord and not attached to the wall (Figure 24), 
reflecting that diminished utility was not sufficient motivation for 
the landlord or residents to repair or replace the tensioner.

[[Page 73168]]

[GRAPHIC] [TIFF OMITTED] TR28NO22.017

BILLING CODE 6355-01-C
    3. Exempting curtains and draperies from the scope of the standard. 
While the balloted draft standard does not require safety measures to 
prevent cord injuries with draperies and curtains, CPSC staff has 
identified at least four fatalities involving draperies and curtains; 
all deaths were a result of continuous loops. There are multiple 
cordless options available for draperies, including wands and motorized 
controls, as well as simply pulling the draperies on the traverse rod 
by hand, with no cord or other control.

E. Changes in the Final Rule

    The Commission, therefore, is finalizing the rule generally as 
proposed, requiring custom window coverings to meet the requirements 
for stock window coverings in section 4.3.1 of ANSI/WCMA-2018, meaning 
that custom window coverings must be cordless, have short cords (8 
inches or

[[Page 73169]]

less), or the cords must be made inaccessible. The final rule allows, 
as proposed, a rigid cord shroud that meets the requirements of the 
rule as a method of making standard operating systems (pull cords) and 
continuous cord loop operating system inaccessible.
    Based on the comments, the Commission considered including in the 
final rule other methods of making operating cords inaccessible or 
preventing the formation of hazardous loop. As stated in the NPR, and 
discussed above, continuous cord loop operating systems with external 
tension devices that are attached on a wall or windowsill can pose a 
strangulation hazard, because they require the consumer or installer to 
properly install them to eliminate the hazard, and because external 
tension devices can break, be removed, or not be installed. 
Accordingly, they are not acceptable under the final rule. However, 
passive devices that make an operating cord inaccessible--meaning those 
installed on the product itself by the manufacturer that cannot be 
easily defeated, uninstalled, or break, such as a rigid cord shroud for 
operating cords and a loop cord or bead chain restraining device on a 
continuous cord loop operating system--eliminate the strangulation 
hazard and the need to rely on a consumer or installer to make the 
product safe as installed. The final rule allows these solutions.
    Below we explain the requirements associated with these provisions 
of the final rule. We also set out specific requirements for large 
window coverings, which are included within the scope of the final 
rule.
1. Requirements for Rigid Cord Shrouds
    The requirements for rigid cord shrouds are being finalized, as 
proposed. However, the requirements are now contained in Sec.  
1260.2(b) of the regulation text, as opposed to Sec.  1260.2(b) and 
(c), so that the test method for rigid cord shrouds are contained in a 
single section of the rule. The final rule eliminates hazardous 
continuous cord loop operating systems; however, manufacturers can 
still use standard operating systems (operating pull cords or 
continuous cord loop operating systems) if the cord is not accessible 
when tested to the requirements of the rule. A rigid cord shroud that 
meets the rule makes the cords on a continuous cord loop operating 
system or standard operating system inaccessible.
    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. Per section 4.3.2.5.2 of the 2018 standard, one of the ways that 
accessible cords (continuous cord loops and standard operating systems) 
can meet the standard is to contain the cords in a rigid cord shroud 
that meets the requirements in sections 6.3.1 (Appendix C: Test 
Procedure for Accessible Cords) and 6.3.2 (durability, impact, and 
operational cycle tests). The final rule clarifies in Sec.  1260.2(b) 
that rigid cord shrouds must meet the requirements in section 6.3. 
Additionally, as proposed, rigid cord shrouds must also meet the 
deflection and deformation tests described in Sec.  1260.2(b)(1) and 
(2). Rigid cord shrouds can be used to enclose continuous cord or bead 
chain loops. Tab C of Staff's Final Rule Briefing Package contains 
examples, including pictures of rigid cord shrouds and how they 
operate.
    Staff found two window coverings currently on the market that use 
rigid cord shrouds. Staff purchased and evaluated these products. Based 
on staff's examination and the available products on the market, rigid 
cord shrouds are used to operate window coverings up to at least 76.75 
inches (stock) to 96-inches tall (retro-fit, meaning after-market). 
CPSC's engineering staff further concluded, as described in Tab C of 
Staff's Final Rule Briefing Package, that a rigid cord shroud can be 
designed to operate window coverings more than 96 inches tall, if the 
shroud is made from more rigid materials, such as metal, that meet the 
deflection requirements in the final rule.
    Large rigid cord shrouds may require additional development and 
tooling for continuous cord loop operating systems with window shades 
more than 96 inches tall; however, existing shrouds should not require 
major redesigns because these products have already been developed and 
only require adjustments to the head and the length of the cord shroud 
to fit the window covering. Based on engineering staff's review of the 
rigid cord shrouds currently on the market, which includes shrouds on 
window coverings up to 96 inches, the Commission finds that extensive 
development is unnecessary for custom manufacturers to incorporate 
rigid cord shrouds for window coverings that currently use a continuous 
bead chain operating system. For these reasons, the Commission 
determines that a continuous cord loop operating system with a rigid 
cord shroud could be manufactured to operate window coverings of all 
sizes and meet the requirements of the final rule.
2. Requirements for Loop Cord and Bead Restraining Devices
    The NPR discussed that, unlike tension devices, loop cord and bead 
chain restraining devices are designed and installed by the 
manufacturer onto the window covering, are integral to the window 
covering, and do not need to be attached on the wall to keep the loop 
taut. The NPR requested comment on the adequacy of loop cord and bead 
chain restraining devices to address the risk of strangulation on 
custom window coverings. 87 FR 1031. CPSC received hundreds of comments 
from businesses opposing elimination of continuous cord loop operating 
systems to meet the requirements of the rule.
    ANSI/WCMA-2018 defines a ``cord and bead chain restraining device'' 
as a device that prevents the creation of a hazardous loop from an 
accessible continuous operating cord. According to section 6.5 of the 
ANSI/WCMA-2018, loop cord and bead chain restraining devices must be 
subjected to durability, UV stability, and impact testing, and must 
pass the hazardous loop testing procedure to confirm that a loop cord 
and bead chain restraining device prevents the creation of a hazardous 
loop from an accessible continuous cord loop. Tab C of Staff's Final 
Rule Briefing Package provides staff's assessment that loop cord and 
bead chain restraining devices are technically feasible to incorporate 
into custom window coverings, and that they address the continuous cord 
loop strangulation hazard by preventing the formation of a hazardous 
loop. However, staff advises that the test sequence identified in 
section 6.5 of ANSI/WCMA-2018 is not representative of real-world 
scenarios, and recommends exposing the device to UV light first, and 
then conducting the operational cyclic test. Staff also recommends 
incorporating a deflection test that is similar to the one provided in 
the NPR for rigid cord shrouds to improve the safety of these products 
by preventing bending to an extent that a child could wrap it around 
their neck.
    The Commission will allow loop cord and bead chain restraining 
devices (as defined in Sec.  1260.1 of the final rule) as a permissible 
way to make accessible continuous cord loop operating systems non-
hazardous. However, the final rule modifies the requirements for cord 
and bead chain restraining devices from those in section 6.5 of ANSI/
WCMA-2018, to adequately address the risk of strangulation associated 
with accessible operating cords on custom window coverings. 
Specifically, the final rule:
     Adds a deflection requirement for loop cord and bead chain 
restraining

[[Page 73170]]

devices that prevents bending of the device to an extent that a child 
could wrap it around their neck, similar to the deflection requirements 
for rigid cord shrouds as stated in Sec.  1260.2(b) of the final rule.
     Tests one sample to section 6.5.2.2 of ANSI/WCMA-2018, UV 
Stability, followed by testing to section 6.5.2.1, Operational Cycle 
Test. This change in test order will simulate real world conditions of 
a loop cord and bead chain restraining device exposed to sunlight and 
operated over the life of the window covering.
3. Requirements for Retractable Cords
    In the NPR, the Commission tentatively determined that 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 are not specified in the standard. 
CPSC requested 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. 87 FR 1031.
    The Commission received at least 149 comments stating that 
retractable cords are safe based on the lack of incidents, and that 
because retractable cords have not been involved in incidents, 
retractable cords should not be eliminated by a mandatory standard. A 
June 21, 2022 letter from consumer advocates to WCMA suggests that 
retractable cords be allowed in the voluntary standard with the 
following text: ``All cords must be inaccessible. The maximum allowable 
cord length is 12 inches from the headrail.'' \31\
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    \31\ Letter can be found at: https://www.regulations.gov/document/CPSC-2013-0028-3664.
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    The 12-inch exemption is, in part, based on the required steps that 
a child would need to go through with a retractable cord for it to pose 
a hazard. Tab B of Staff's Final Rule Briefing Package. Consistent with 
WCMA's recommendation, CPSC staff considered that while the smallest 
neck circumference of youngest children at risk, 6- to 9-month-old 
children, is about 8 inches,\32\ children who can climb to the top of 
the window covering will be older, and they need to be able to hold the 
cord and wrap it around their neck at the same time, which requires the 
breadth of their hands to be added to the neck circumference. 
Therefore, in staff's view, 12 inches is a safe length for the headrail 
area of a window covering, whereas the 8 inches of cord length that is 
used to define the allowed short cord could be anywhere on the window 
covering. For further discussion on this topic, see Tab B and Tab I of 
Staff's Final Rule Briefing Package.
---------------------------------------------------------------------------

    \32\ BSI (1990) as cited in Norris, B., & Wilson, J.R. (1995). 
CHILDATA: The handbook of child measurements and capabilities--Data 
for design safety. London: Department of Trade and Industry.
---------------------------------------------------------------------------

    Accordingly, the final rule allows retractable cords as long as the 
exposed cord is limited to a maximum of 12 inches from the bottom of 
the headrail in any state of operation, and the other requirements in 
Sec.  1260.2(d) are met to ensure full retraction and durability.
4. Consideration of Large Window Coverings
    At least eight commenters, including WCMA and seven businesses, 
raised the concern that available technologies to address the 
strangulation hazard, such as manual cordless systems, are difficult to 
implement for very large products. Various commenters also stated that 
there is an increased presence of taller windows in homes, which will 
lead to a higher number of taller window coverings installed in homes. 
Regardless of the height, the hazard patterns associated with window 
covering cords are the same. Furthermore, the ANSI/WCMA-2018 voluntary 
standard does not contain a height limit for in-scope window coverings 
for either stock or custom products. Staff has determined that it is 
feasible to implement, for example, rigid cord shrouds on window 
coverings that are larger than 96'' tall. Tab C of Staff's Final Rule 
Briefing Package.
    Because the hazard patterns associated with larger window coverings 
are the same as hazard patterns seen in shorter window coverings, the 
potentially increased number of installations of taller window 
coverings in residences, and the feasibility of applying safer 
technologies on these products, the Commission will not exclude taller 
products from the scope of the rule.
    Tabs C and F of Staff's Final Rule Briefing Package discuss a later 
effective date for very tall custom window coverings that raise or 
lower. The Commission, however, concludes that delaying implementation 
for two years and thereby creating a novel scheme bifurcated by the 
height of a window covering, as recommended by staff, is not justified. 
Although larger-size window coverings may have some additional 
challenges in complying with the rule, the Commission does not agree 
with staff that the development and logistics phases for larger-size 
window coverings require 24 months after publication of the final rule, 
and concludes that the 180-day effective date period specified by 
statute can reasonably be applied. First, manufacturers have been aware 
of CPSC's intention to issue a rule for one year already. CPSC's draft 
rule for custom window coverings has been available on our website 
since October 2021, and the proposed rule with a 180-day effective date 
was published in January 2022. Second, as stated in Staff's Final Rule 
Briefing Package and in this preamble, Canada's similar rule on window 
covering cords became effective earlier this year, and the rule applies 
fully to larger-sized window coverings. Manufacturers have already had 
two years to design, develop, and test solutions specifically for 
larger-sized custom window coverings, to come into compliance with 
Canada's rule. Third, stock window coverings of all sizes are subject 
to ANSI/WCMA-2018, which also has led to development of cordless 
solutions that may be transferable to the largest sizes of 10 feet or 
more in vertical length. Finally, for very tall windows, curtains may 
provide a readily available substitute for styles of custom window 
coverings that raise or lower.

F. Window Coverings Substantially Comply With the Voluntary Standard

    Section 9(f)(3)(D) of the CPSA requires that when a voluntary 
standard has been adopted and implemented relating to a risk of injury, 
to proceed with a final rule, the Commission must find either that 
compliance with such voluntary standard is not likely to result in the 
elimination or adequate reduction of such risk of injury; or that it is 
unlikely that there will be substantial compliance with such voluntary 
standard. 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 ANSI/WCMA since its first 
publication, and Tab E of Staff's NPR Briefing Package contains a more 
detailed description of staff's assessment of substantial compliance 
with the voluntary standard. CPSC received no comment in opposition to 
the Commission's preliminary determination of substantial compliance in 
the NPR. Based on the forgoing, the Commission determines that a 
substantial majority of window coverings sold in the United States 
comply with ANSI/WCMA-2018. However, as explained throughout this

[[Page 73171]]

preamble and in the final rule, ANSI/WCMA-2018 is inadequate to address 
the risk of injury associated with custom window coverings.

III. Response to Comments on the NPR

    CPSC received 2,060 comments on the NPR for custom window coverings 
during the comment period, and staff received two late comments in July 
2022, which CPSC also considered. Additionally, CPSC held an oral 
hearing on the proposed rule on March 16, 2022, during which seven 
presenters also provided comments. All comments, meeting logs, and 
correspondence regarding custom window coverings have been included on 
Regulations.gov under the CPSC docket number for this rule: CPSC-2013-
0028. Below we summarize and respond to significant issues raised by 
commenters.

A. General Support or Opposition

    Comment 1: At least 114 commenters expressed support for the 
proposed rule. Some commenters stated that, given the hidden nature of 
the hazard and severity of the risk, a mandatory standard is necessary. 
Victims' families expressed hope that this rule will prevent corded 
products, not only in private residences, but also in hotels, rental 
properties, military housing, public buildings, and in effect, any 
place where children could be injured or killed in a window covering 
cord incident, so that no family will bear the pain of losing a child 
on a window covering cord.
    At least 1,842 commenters were against the proposed rule, most 
suggesting that a regulation will have a negative economic impact on 
the window covering industry. At least 440 comments stated that the 
proposed rule is either overreaching or unnecessary because: commenters 
believe that the current requirements in the ANSI/WCMA-2018 standard 
are strong; the risk of injury is low; consumers without young children 
would be adversely impacted by removing corded products; consumers need 
more window covering options and choices; and businesses will be 
limited in meeting consumer needs.
    Response 1: The Commission agrees that a mandatory rule is required 
to address the unreasonable risk of injury associated with corded 
custom window coverings. Staff's NPR and Final Rule Briefing Packages 
demonstrate that requiring inherently safe custom window coverings is 
feasible, and that the rule will not affect the utility or availability 
of custom window coverings, but could affect their cost. However, the 
net increase in cost for consumers is as little as approximately $24 
every time a household replaces all of its custom window coverings 
approximately every 10 years. See Table 9, infra, and Tab F of Staff's 
Final Rule Briefing Package (showing that the estimated net cost 
increase to replace 12 window coverings ranges from $23.67 using less 
expensive products to $218.82 using more expensive custom window 
coverings). The Commission finds that this is a reasonable cost to 
ensure that children avoid death or serious injury on window covering 
cords.
    The feasibility of safer window coverings, and the fact that 
consumers will pay more for safer window coverings, has already been 
shown in the stock window covering market. Stock window coverings that 
meet ANSI/WCMA-2018 requirements for stock products are manufactured to 
be safe, without regulatory intervention. Voluntary compliance with the 
ANSI/WCMA standard for stock products did not cause a decline in 
revenue, by either units or by total revenue, as most of the industry 
transitioned to cordless-only products, even though the price of some 
stock coverings nearly doubled. Moreover, Canada's mandatory rule on 
window coverings is similar to the final rule, and CPSC staff 
identified no evidence from the Canadian market of a significant 
reduction in consumer choice as a result of their rule. Rather, the 
Canadian market has reacted with cost-effective substitutes and 
redesigned products. The Commission expects a similar result in the 
U.S. market.
    Data show that the strangulation hazard associated with window 
covering cords is silent, quick, and hidden to consumers. Also, the 
hazard overwhelmingly involves the death of a child, and in many other 
cases, a serious injury, such as coma, paralysis, or problems 
controlling movement; sensory disturbances, including pain; seizures; 
cognitive and memory deficits; long-term or permanent vegetative state, 
requiring tracheotomy and gastrointestinal tube feeding. As commenters 
from victims' families report, the death of a child on a window 
covering cord results in severe pain and suffering that never goes 
away.

B. Voluntary Standard

    Comment 2: Most of the businesses, including manufacturers, 
dealers, designers, and sellers who are opposed to the rule, stated 
that the voluntary standard process has led to substantial improvements 
in window covering safety, and furthermore, that a mandatory rule is 
not necessary. However, other commenters, including at least 70 
victims' families, consumers, and consumer organizations, stated that a 
mandatory standard is necessary to address the hazard associated with 
custom window coverings, because the voluntary standard still allows 
products with hazardous cords to be sold.
    Response 2: Staff has worked closely with the voluntary standards 
organization, WCMA, to develop and revise the ANSI/WCMA A100.1 standard 
over the past 26 years. The Commission agrees that the 2018 version of 
the voluntary standard has significantly reduced the risk of 
strangulation from stock window coverings, and from inner cords on both 
stock and custom products. However, the ANSI/WCMA-2018 standard does 
not eliminate or adequately reduce the risk of injury associated with 
custom window coverings. Similarly, Tabs B, C, and I of Staff's Final 
Rule Briefing Package indicate that even though the draft ANSI/WCMA-
2022 is an improvement on ANSI/WCMA-2018, if adopted, the revised 
standard could allow retractable cords with a hazardous length of cord 
when pulled, and continuous loops with tension devices that pose a 
strangulation hazard.
    Based on staff's review of available technologies for use in 
manufacturing safer window coverings (Tab C of Staff's Final Rule 
Briefing Package), the Commission determines that custom window 
products can be made as safe as stock window coverings, by meeting the 
same cord requirements. Stock product compliance with ANSI/WCMA-2018 
did not cause a decline in revenue, by either units or by total 
revenue, even though the price of some stock coverings nearly doubled. 
When Canada issued a similar rule to prevent window covering cord 
strangulations, the Canadian window covering market responded with 
cost-effective substitutes and redesigned products.

C. Data Issues

1. NEISS Versus CPSRMS
    Comment 3: WCMA stated that the 34 injury reports for custom 
products from NEISS were combined with anecdotal reports received by 
CPSC and that the NPR Briefing Package did not explain how NEISS data 
injury reports were added to the other incident data, and how CPSC 
ensured that no double-counting occurred.
    Response 3: The CPSC data counts are not duplicative. For example, 
for the data presented in the NPR where staff integrated the reports 
from NEISS with anecdotal reports in CPSRMS, staff compared the 
individual NEISS nonfatal injuries with the reports received through 
CPSRMS, by considering the

[[Page 73172]]

injury date, victim age and sex, and the injury scenario description, 
and staff ensured that no double counting of incidents occurred for the 
nonfatal incidents.
2. Low Risk
    Comment 4: At least 185 commenters, including 158 businesses, 
suggested that the risk associated with corded window coverings is low 
and advancements have been made in the voluntary standard that further 
reduced the hazard. Some commenters compared the number of deaths 
associated with corded window coverings to other products.
    Response 4: The strangulation hazard to young children from window 
covering cords is serious, with most incidents resulting in death. The 
strangulation hazard is a ``hidden hazard,'' because many consumers do 
not understand or appreciate the hazard, and do not take appropriate 
steps to prevent death and injury from window covering cords. Warning 
labels and education campaigns have failed to prevent deaths and 
injuries. Strangulation is quiet, and incidents have occurred with 
parents in the same room. Telling caregivers to watch children is 
insufficient to address the risk; for instance, parents leave their 
children in rooms considered safe, such as a bedroom, or caregivers may 
be giving attention to other children when a strangulation incident 
occurs.
    As explained above, the ANSI/WCMA-2018 standard, does not 
adequately address the strangulation risk associated with custom window 
coverings. However, the ANSI/WCMA-2018 standard does effectively 
address the hazard for stock products, and its implementation for stock 
products did not cause a decline in revenue, by either units or by 
total revenue. Manufacturers can apply similar technologies used in 
stock window coverings, as well as additional mechanisms, such as 
retractable cords and loop cord and bead chain restraining devices, to 
make custom products safer without impacting utility or availability of 
products, and with a reasonable cost increase per household.
    Many commenters cited the anecdotal data that staff presented in 
the NPR Briefing Package as an indicator of a downward trend in 
strangulation incidents and a reason why CPSC should not finalize the 
rule. However, as stated in the NPR, the Commission has no assurance 
that the data on window covering cord strangulations includes all 
incidents that may have occurred, either fatal or nonfatal. In the NPR, 
the Commission stated that the incident data represent a minimum number 
of incidents that are known to have occurred. 87 FR 1022. Additionally, 
reporting of incidents to CPSRMS is ongoing. For example, since the 
data analysis was completed for the NPRs in 2021, the number of 
fatalities reported has risen to eight (from three, as initially 
reported) in 2020, and six (from zero, as initially reported) in 2021. 
We expect that these numbers will likely increase over the next year as 
CPSC receives more data.

D. Economic Issues

1. Alternative Methods for the Regulatory Impact Analysis
    Comment 5: Institute for Policy Integrity and WCMA suggested that 
instead of, or in addition to, a comparison of costs versus benefits, 
CPSC could have performed a breakeven analysis, citing the Office of 
Management and Budget (OMB) guidance (Circular A-4) that this method 
can be appropriate when the benefits cannot be quantified.
    Response 5: The Commission agrees that there are unquantifiable 
benefits for the final rule. However, the benefits in this case can be 
estimated based on more than 10 years of incident data. Given that CPSC 
has data for strangulation deaths and has assessed that the final rule 
would address the hazard patterns, staff was able to calculate benefits 
and costs associated with the final rule. Furthermore, recognizing that 
there are possible variations in costs or benefits to consider, staff 
conducted a sensitivity analysis, including looking at a children's 
value of statistical life (VSL) of three times the VSL for adults, as 
discussed in the NPR, as well, and found that in some cases, this type 
of increased VSL for children could result in the rule having a 
quantified net benefit. For the final rule, we also discussed the 
additional unquantifiable benefits, because not all benefits of the 
rule are represented in the benefits analysis.
    Additionally, as one commenter pointed out, the CPSA requires only 
that the benefits of a CPSC rule ``bear a reasonable relationship to 
its costs,'' 15 U.S.C. 2058(f)(3)(E), and, as explained in Sec.  
1260.4(i) of the regulatory text, the Commission finds such a 
reasonable relationship exists here. In addition, CPSC is an 
independent regulatory agency, not an Executive Branch agency, and CPSC 
is not subject to the requirements in Executive Order (E.O.) 12866 or 
13563 that require the agency to ``justify'' the costs, or to comply 
with OMB Circular A4.
2. Cost of Safer Products
    Comment 6: At least 579 commenters, including 331 businesses, 
stated that safer window coverings are too expensive for some 
consumers; regulations will increase the cost of window coverings; and 
motorized window coverings are cost-prohibitive for many consumers.
    Response 6: Market data on stock window coverings do not support 
the commenters' hypothesis regarding the inability of consumers and 
businesses to adjust to meaningful safety requirements. Voluntary 
compliance with the ANSI/WCMA-2018 standard for stock products did not 
cause a decline in revenue, by either units or by total revenue, as 
most of the industry transitioned to cordless-only products, even 
though the price of some stock coverings nearly doubled. Multiple 
commenters representing manufacturers and retailers noted that sales of 
cordless stock products have increased in the past few years, thus, 
demonstrating consumer demand for cordless products that protect 
against the death or injury of children as an acceptable replacement 
for hazardous corded products, even at a higher price.\33\
---------------------------------------------------------------------------

    \33\ Based on Euromonitor annual revenue estimates and D&R 
(2021).
---------------------------------------------------------------------------

    In 2019, moreover, Canada published the new Corded Window Coverings 
Regulations to restrict the length of cords and the size of loops 
allowed on window coverings sold in Canada; the requirements apply to 
all products, both stock and custom. The evidence from the Canadian 
custom window coverings market is that the transition to cordless 
options in the custom market has been relatively inexpensive for 
consumers. Staff observed that many designs are priced the same for 
cordless wand options as for the previous corded design, while 
motorized options add less than $100 to the retail price for commonly 
ordered sizes.
    Lastly, in Table 17 in Tab F of Staff's Final Rule Briefing 
Package, Table 9, infra, staff provides estimated net costs to replace 
12 custom window coverings per household, about every 10 years, that 
are compliant with the rule, showing as little as $24 to replace less 
expensive vinyl or metal products and up to a net increase of about 
$219 to replace expensive soft sheer blinds. The Commission finds that 
the estimated net increase per household, representing a price increase 
of only about 5% of the total costs of replacing all custom window 
coverings every 10 years, is a reasonable cost increase to ensure that 
all children who live or visit the home going forward, are not exposed 
to the

[[Page 73173]]

risk of strangulation on a window covering cord.
3. Commercial Establishments
    Comment 7: At least 12 businesses raised issues about mandating 
safer window coverings in commercial and educational buildings and 
suggested an exemption. Three commenters stated that in an emergency 
situation, such as a lock down, schoolteachers should be able to close 
the window coverings quickly and that new systems may require teachers 
to climb up ladders to operate the window covering, which is 
impractical and time consuming. One manufacturer stated that based on 
the NPR, the standard appears to intend to address potential hazards of 
window coverings in residences, but the scope of the proposed rule 
covers all custom products. Given the broad interpretation of the 
definition of ``consumer products'' under the CPSA, the commenter 
expressed the belief that many of the strictly commercial products 
could be subject to the regulation, unless the Commission makes 
clarifying changes to its definition of ``custom window covering.''
    Response 7: CPSC generally has jurisdiction over window coverings 
that are produced or distributed for the use of consumers, as long as 
the product is customarily produced or distributed for consumer use. 15 
U.S.C. 2052(a)(5). Products that do not fall within the CPSA's 
definition of ``consumer product'' would not be subject to this rule. 
However, custom window coverings that are produced or distributed for 
consumer use in residences, schools, recreation, or otherwise, fall 
within the scope of CPSC's jurisdiction. CPSC staff is not aware of 
products that are sold solely for use by workers in a specialized 
context that are not also available for the use and enjoyment of 
consumers who visit such businesses. If consumers have access to custom 
window coverings, and are subject to the potential harm, the product is 
within CPSC's jurisdiction and the safety benefits of this final rule 
applies to these products.
4. Competition From Overseas Manufacturers
    Comment 8: Several commenters claimed that U.S. manufacturers 
cannot compete with less costly imports, and that unless a firm 
imported products in bulk, the cost of making many products cordless is 
more than the cost of the entire imported product. Commenters stated 
that the rule would make it more difficult to compete with foreign 
products, especially those from China.
    Response 8: This comment is not specifically relevant to custom 
window coverings, which are the subject of this rulemaking. Custom 
window coverings may, in fact, be less affected by lower-cost foreign 
supply than stock window coverings, which have had strong cord safety 
requirements since 2018. Regardless, imported products will be subject 
to the same requirements as products made in the United States. The 
economies of scale should be the same for manufacturers of any nation. 
We anticipate that the expanded demand for cordless mechanisms should 
lower the costs of those mechanisms in the medium term, due to 
economies of scale.
5. Impact on Businesses
    Comment 9: At least 1,007 commenters (of which about 938 identified 
themselves as businesses) stated that the proposed rule would cause a 
significant impact on their businesses. Particularly, small custom 
window covering retailers commented that the rule would reduce sales 
and raise costs. Large suppliers commented that they intended to 
require licensed dealers to purchase new ``sample books'' costing 
thousands of dollars each. Large suppliers and associations also 
provided data on estimated costs of retooling and costs of components 
at the wholesale level.
    Response 9: As explained in the Staff's NPR Briefing Package, CPSC 
anticipates a significant impact on small businesses in the short term, 
as firms transition their product lines to comply with the final rule. 
However, the impact may be less than estimated, given the enforcement 
of Canada's window covering regulation beginning in May 2022. Companies 
that sell in both Canada and the United States have already redesigned 
their custom offerings to be compliant with the Canadian regulation, 
which is substantively similar to the final rule. These companies 
already have stock of compliant product designed and ready to sell 
through small dealers and interior designers.
    Although the window covering manufacturing sector is highly 
fragmented, the custom part of the market is concentrated, with a few 
large suppliers accounting for approximately 40 percent of the industry 
revenue. The large suppliers are multinational companies with 
distribution in multiple countries. This means that those large 
suppliers already have compliant products available for the Canadian 
market, and any incremental costs of redesign for the U.S. market will 
largely fall on those relatively large companies, rather than on their 
small distributors and dealers. If suppliers in this industry choose to 
force small distributors to buy new sample books, as alleged by some 
suppliers, that decision is in no way a requirement of this rule, nor 
is it an inevitable consequence of this rule.
6. Small Versus Large Businesses
    Comment 10: One commenter suggested that a regulation will give 
larger window covering corporations an unfair advantage because hard 
window coverings (blinds composed of slats or vanes) can comply with 
the rule, but small manufacturers who make soft window coverings 
(composed of a continuous roll of material) cannot comply.
    Response 10: 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. CPSC expects significant cost impacts on small manufacturers 
of custom products, as discussed in the Regulatory Flexibility 
Analysis, but these costs are not associated with certain window 
covering types. The cost impacts of a rule on operating cords for 
custom window coverings vary by product type, as detailed in Tab F and 
summarized in Tab G of Staff's Final Rule Briefing Package.
7. Stockpiling Should Not Be Prohibited
    Comment 11: One online retailer of blind and shade repair parts 
suggested that companies should be allowed to purchase whatever 
products they deem necessary or prefer. This same commenter also 
asserted that the NPR specifies no consequence for violating the rule 
and was unclear who will be enforcing the rule.
    Response 11: The anti-stockpiling provision is being finalized as 
proposed, subject to a conforming change to make the implementation of 
this provision consistent with the 180-day effective date that was 
proposed and is being adopted. The final rule reflects a balance 
between the competing policy goals of addressing the hazard and also 
accounting for realistic supply-chain limits and considering the 
compliance costs for businesses, and particularly those costs for small 
entities. A less-specific base period, or a higher proportion above the 
base production amount, would allow more noncompliant units to be 
manufactured and sold, which could reduce the burden to industry. 
However, it would also reduce safety benefits to consumers and force 
suppliers of compliant units to compete against a larger stockpiled

[[Page 73174]]

supply of noncompliant, likely cheaper, units for a longer period of 
time. 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' normal operations. However, firms will need to modify 
their window coverings to comply with the requirements, and the 
modifications may be costly. Accordingly, CPSC believes it is 
appropriate to prevent stockpiling of noncompliant custom window 
coverings.
    If a manufacturer or importer violates any provision of a mandatory 
rule, including the anti-stockpiling provision, CPSC can enforce that 
provision using authority under section 19(a)(1) of the CPSA, which 
prohibits the sale, offer for sale, manufacture for sale, distribution 
in commerce, or importation into the United States, any consumer 
product that is regulated under the CPSA, that is not in conformity 
with an applicable consumer product safety rule. 15 U.S.C. 2068(a)(1). 
CPSC's authority allows for corrective actions, or recalls, refusal of 
admission and/or seizure of products at the ports, and civil penalties 
for failure to conform to required regulations.
8. Unquantified Benefits Are Larger Than Estimated
    Comment 12: The Institute for Policy Integrity and A. Finkel, 
economist, suggested that the regulatory analysis in the NPR 
underestimated the benefits of the rule, by not discussing 
unquantified, but potentially very large, benefits of the rule. The 
unquantified benefits suggested included parental grief, reduced cost 
of litigation for manufacturers and retailers, and averted recall 
costs. Two commenters specifically cited the example of a Federal Motor 
Vehicle Safety Standard for rear visibility cameras in passenger cars, 
where the regulatory impact analysis discussed the large unquantified 
benefits of reducing parental grief and emotional trauma from causing 
the death of one's own child, or a relative, or neighbor. One commenter 
pointed to that standard as an example of an ``experience good,'' where 
the standard caused people's preferences to change to favor a safety 
technology with which they were previously unfamiliar.
    Response 12: Such potential unquantified benefits would be included 
in an increased value of statistical life, or VSL, for children. A 
discussion of this fact is included in the sensitivity analysis in Tab 
F of Staff's Final Rule Briefing Package and section V of this 
preamble. CPSC's Injury Cost Model (ICM) takes pain and suffering into 
account, so a portion of parental grief benefits are accounted for and 
would be accounted for in an increased VSL for children. Moreover, at 
this time CPSC cannot accurately assign a value to the potential that 
people might experience a shift in preferences towards a safer product, 
although the evidence of continued growth of demand for cordless stock 
coverings does indicate this is a potential benefit for custom window 
coverings as well.
9. Value of a Statistical Life
    Comment 13: Two commenters (Institute for Policy Integrity and A. 
Finkel) suggested that CPSC use different references and different 
theoretical justifications to derive a value of statistical life (VSL) 
for children.
    Response 13: As evidenced by the many alternative sources and 
several methods suggested by the commenters, no consensus exists 
(either in the U.S. or internationally) on what value or method 
regulators should use in their regulatory analyses. The current range 
of values in the peer reviewed literature for a child's VSL ranges from 
less than 1 to more than 7 times the value of an adult VSL, as 
discussed in more detail in the regulatory analysis. CPSC staff 
provided a discussion of this range to the sensitivity analysis in Tab 
F, but did not change in its analysis the core estimate of children's 
VSL. As noted in the sensitivity analysis, increasing a child VSL to 
three times the base VSL, $31.5 million, would result in a calculated 
net benefit for the final rule of $14.3 million.

E. Consumer Issues

1. Accessibility Issues With Disabled Population, People With Short 
Stature and Seniors
    Comment 14: At least 383 comments (331 businesses, 8 consumers, and 
44 unknown) stated that having a short cord introduces accessibility 
issues for various consumers such as people in wheelchairs or who 
otherwise are challenged to access cords higher up. Some commenters 
questioned whether the proposed rule is compliant with the Americans 
with Disabilities Act.
    Response 14: The final rule provides several ADA-consistent options 
to address accessibility of safer window coverings. Sections 308.2 and 
308.3 of the 2010 ADA Standards for Accessible Design specify forward 
and side reach distances that would be applicable to window coverings. 
Section II.C.7 of this preamble and Tab B of Staff's Final Rule 
Briefing Package explain the ADA standard and the window covering 
options in detail.
2. Acknowledgement of Risks Before Ordering
    Comment 15: At least 48 commenters (45 businesses) stated that they 
either currently ask or suggest that consumers acknowledge the 
strangulation risk associated with cords before ordering a custom 
corded window covering.
    Response 15: Even accepting that consumers may acknowledge the 
strangulation risk associated with the corded window coverings that 
they are purchasing, and assuming these acknowledgements are informed 
rather than pro forma, the hazard with the corded window covering 
remains. Household members other than the consumer who signed the 
document, including guests and small children who cannot comprehend the 
danger, as well as future residents of the home and their guests, also 
can be unaware of the hazard.
3. Climbing on Ladders or Other Furniture Is Unsafe
    Comment 16: At least 56 commenters, including 42 businesses, stated 
that climbing on ladders or other furniture is unsafe for consumers, 
particularly older consumers. Due to the short cord requirement, these 
commenters assert that climbing would be required to operate hard-to-
reach window coverings. Some commenters provided statistics on falls.
    Response 16: Consumers ordering custom window coverings are 
unlikely to choose a custom design that requires them to climb on 
furniture to open their window coverings. Alternative solutions to 
climbing that can safely replace the existing hazardous cords include 
poles to operate cordless systems, rigid cord shrouds, loop cord and 
bead chain restraining devices, as well as retractable devices that 
would be within easy reach of users. Accordingly, the Commission finds 
that the final rule would not lead to the unsafe behavior envisioned by 
these commenters.
4. Exclude Draperies
    Comment 17: Several commenters, including two businesses, argued 
that draperies should be excluded from the rule. One stated that there 
are no ``aesthetic'' alternatives to cords for draperies. Another 
commented that there is no evidence that draperies are unsafe because 
the cords are on pulleys attached to the floor.
    Response 17: Multiple cordless options for draperies are available, 
including wands and motorized

[[Page 73175]]

controls, as well as pulling the draperies on the traverse rod by hand, 
with no cord or other control. Section I.E of this preamble details 
fatal incidents involving draperies. Corded draperies are common, and 
often do not have the cord on a loop or attached to the floor as the 
commenter claims. On the other hand, of the different types of window 
coverings analyzed in the final regulatory analysis, draperies had the 
lowest cost of compliance with the final rule, estimated to be near 
zero, because the cost of a control wand is approximately equal to the 
cost of the cord it replaces.
5. Informing the Customer
    Comment 18: About 593 businesses stated that they regularly educate 
their clients on safer operating cord options during the ordering 
process and that consumers make an informed choice by being aware of 
the hazards associated with the corded product. At least 120 commenters 
stated that people should be made aware of the dangers and then make 
their own choice when purchasing a custom window covering.
    Response 18: CPSC encourages sellers to inform and educate 
consumers on the operating systems that contain hazardous cords. 
However, information and education are not always provided, and where 
provided they do not negate products being sold and installed with 
hazardous cords, and that custom window coverings will remain in 
consumers' homes for many years. If consumers do not appreciate the 
hidden nature of the hazard, they may choose to buy a hazardous window 
covering even when children are present in the home. Moreover, as 
explained above, custom window coverings have a long product life. When 
a home is sold or rented, a new resident, potentially residents with 
children, will likely live with the hazardous window covering, without 
having been warned of the associated hazards. Due to the 
ineffectiveness of warning labels on such products, even a permanent 
label may not get the attention of the user. 87 FR 1034-35. Information 
and education remain important to address the existing cord hazard, but 
as the incident data reflect, education and warning labels do not 
adequately address the risk of injury.
6. Parental Responsibility
    Comment 19: At least 24 commenters, including 17 businesses, 
suggested that parents are responsible for supervising their children 
around window coverings.
    Response 19: As reviewed in the NPR and in Staff's NPR Briefing 
Package, ordinary parental supervision is unlikely to effectively 
eliminate or reduce 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 a bedroom or family room. 87 FR 1036-37. 
Moreover, incidents have occurred even when family members were in the 
same room as the strangled child. Id. Strangulation with cords requires 
only a few minutes to occur and happens silently. A more effective 
solution to the window covering cord hazard is to require that window 
coverings are inherently safe as sold and do not have hazardous 
operating or inner cords.
7. Rental Leases and Real Estate Documents
    Comment 20: To inform renters as well as purchasers, one business 
suggested informing and disclosing the hazards associated with corded 
window coverings at the time of rental or sale of the property. Two 
businesses (Comfortex Window Fashions and Inviting Interior Style) 
suggested home inspections when dwellings change hands.
    Response 20: CPSC agrees with 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 sale process of a residence is an opportunity to inform 
buyers about the dangers associated with corded window coverings or to 
remove and replace hazardous window coverings. Certain state and local 
authorities may have regulations in place with regard to window 
coverings in rental homes. However, CPSC does not have the authority to 
require such practices. CPSC regulates consumer products rather than 
the terms of property rental or sale contracts, which are generally in 
the purview of state and local governments. Mandatory visual 
inspections of installations of corded window coverings would not 
prevent deaths and injuries without an additional safety rule, because 
hazardous loops can still be accessible even when cord loops are 
correctly installed and with tension (see Tab I of Staff's Final Rule 
Briefing Package).
8. Replacement of Old Window Coverings
    Comment 21: At least 12 commenters, including 10 businesses, stated 
that the rule would discourage people from replacing their decades-old, 
non-compliant blinds and shades containing dangerous cords with new 
compliant window coverings because they would not want to give up 
corded products.
    Response 21: Market data on stock window coverings does not support 
the commenters' hypothesis. Voluntary compliance with ANSI/WCMA-2018 
for stock products did not cause a decline in revenue, by either units 
or by total revenue, as most of the industry transitioned to cordless 
only products. Multiple commenters representing manufacturers and 
retailers noted that sales of cordless stock products have increased in 
the past few years, thus demonstrating consumer demand for cordless 
products as an acceptable replacement for corded products. Canada has 
transitioned to safe window coverings with a similar absence of 
disruption.
9. Require Professional Installation
    Comment 22: As an alternative to the rule, two commenters (one 
interior designer and one business owner) suggested that CPSC should 
require that custom window coverings be professionally installed, 
stating that this would help small businesses and improve consumer 
safety.
    Response 22: CPSC does not have the authority to regulate 
professional services or home inspections. Implementing these practices 
would also be more costly than the final rule, without providing as 
many benefits. The typical cost for adding cordless options to a custom 
window covering ranges from less than $10 (and in some cases nothing) 
to about $100, except for some very large, motorized options. This 
price range is far below the cost of hiring a professional installer 
for corded custom window coverings. In general, commenters' 
alternatives would raise costs for installed custom window coverings, 
while addressing few of the known incidents and fatalities, as well as 
not addressing the known hazard of corded window coverings.
10. Twisting Wand Takes Time and Effort and Use Is Inconvenient; Poles 
May Not Work for Elderly
    Comment 23: At least 38 commenters, including 36 businesses, stated 
that using a wand is time consuming and may be difficult for some 
consumers.
    Response 23: The wands that CPSC staff evaluated for this 
rulemaking are easy to learn about and use. We anticipate that further 
innovation will make wands even more efficient and easy to use. Some 
traditional wands used to rotate horizontal slats have thin diameters, 
which can make such wands more difficult to use compared to rigid cord 
shrouds, which staff evaluated to have thicker diameters and are more

[[Page 73176]]

comfortable to use. The final rule does not require the use of wands. 
The final rule allows the use of many other types of safe operating 
systems instead of a wand, such as cordless, retractable cords, cord 
shrouds, cord restraining devices, or motorized systems.

F. Warnings, Public Awareness, and Education

    Comment 24: At least 5 businesses contended that warning labels on 
the products should be relied on to address the strangulation hazard as 
they inform the consumer about the hazard. At least 2 other commenters 
stated that warning labels and educational efforts were tried, did not 
work, and are insufficient to address the strangulation risk.
    Response 24: The NPR explains that consumers are less likely to 
look for and read safety information on products that they use 
frequently and are familiar with. 87 FR 1035. Incident data for window 
covering cords confirms this research, as most of the incident units 
had a visible warning label on the product. Even well-designed warning 
labels will have limited effectiveness in communicating the hazard on 
this type of product. However, the Commission agrees that public 
awareness is a crucial component in making safe purchasing decisions 
and safely using window covering products at home. Public information 
campaigns are on-going. CPSC and the Window Covering Safety Council 
(WCSC) have joined forces to raise awareness of strangulation risks 
presented by window covering cords, and October has been designated 
``Window Covering Safety Month'' by CPSC and the WCSC since 2003.
    Currently, the Commission does not have information to quantify the 
effectiveness of public information campaigns on reducing the risk of 
injury associated with corded window coverings. However, information 
and education campaigns on corded window coverings that have been 
continuing for decades have not adequately reduced or eliminated 
serious injuries and deaths, as evidenced by the continuing number of 
fatalities. Accordingly, the Commission will not rely on education 
campaigns to address the unreasonable risk of injury associated with 
operating cords on custom window coverings.

G. Other Product-Related Hazards

1. Access to Battery To Recharge or Replace
    Comment 25: At least 15 businesses stated that, with respect to 
motorized solutions, replacing or swapping batteries located on the 
headrail is difficult for consumers as they need to climb on ladders. 
At least 4 commenters also stated that the new rule would increase the 
use of batteries, which is wasteful for the planet.
    Response 25: Staff reports that they found examples of window 
coverings where the batteries are stored in the bottom rail, making it 
easier for consumers to recharge or replace batteries. Batteries are 
rechargeable to reduce waste, and some window coverings are hardwired 
or solar powered.
2. Button Batteries Used in Remote Controls
    Comment 26: At least 3 commenters (WCMA, Parents for Window Blind 
Safety, and Independent Safety Consulting) suggested that remote 
controls that contain button batteries should comply with either ASTM 
F963 or other applicable button battery standards, or simply that 
battery compartments should have a screw.
    Response 26: On August 2, 2022, Congress passed H.R. 5313, or 
Reese's Law, and the President signed the bill into law on August 16, 
2022. Reese's Law directs the Commission to establish a mandatory 
standard to protect children and other consumers against hazards 
associated with the accidental ingestion of button cell or coin 
batteries used in consumer products. Accordingly, staff is preparing a 
notice of proposed rulemaking for Commission consideration to implement 
this law. The Commission anticipates that window covering remote 
controls that use button cell or coin batteries will fall within the 
scope of that proceeding.
3. Continuous Loops With Tension Devices Are Safe
    Comment 27: At least 429 commenters stated that continuous loops 
with properly attached tension devices are safe and should not be 
eliminated. Commenters said that windows that are high up, windows over 
a sink, and windows behind a couch need continuous loops. Other 
commenters stated that some consumers do not want tension devices 
attached to the wall.
    Response 27: Incident data demonstrate that tension devices may 
come off the wall or may not be installed at all, and continuous loops 
may not be taut enough to prevent strangulation incidents. Through 
testing, staff found that children may be able to insert their head 
into a properly installed continuous loop system even with a tension 
device. Accordingly, the Commission concludes that window coverings 
operated with continuous loops with tension devices can still leave 
hazardous loops accessible to children and do not adequately address 
the risk of strangulation.
    For the final rule, CPSC staff analyzed how a window covering that 
is behind a piece of furniture or sink would be operable with a 
continuous loop if the loop has a tension device to keep the loop taut. 
Tab B of Staff's Final Rule Briefing Package provides a visual 
comparison. Tab B explains that the continuous loop would likely remain 
unattached to the wall with a tension device so that the consumer can 
pull the loop towards him/her to operate. This means that the 
continuous loop remains accessible to children and hazardous. Given 
children's ability to climb and incident data demonstrating this hazard 
scenario, the Commission concludes that continuous loops that are 
contained in a rigid shroud or restrained within a passive restraining 
device are much safer for children and potentially easier to operate 
for both access and ease of use by consumers.
4. Consumer Preference for Corded Products
    Comment 28: At least 2 businesses suggested that they have 
customers who prefer to use corded window shades because they find them 
easier to use. Some businesses stated that the ANSI/WCMA-2018 
requirement to limit the free hanging cord length to 40% of the product 
length generated customer complaints, because some of their clients 
cannot reach the cord with ease. Some businesses stated that they sell 
custom blinds to nursing homes and retirement homes; the users demand 
that the cords be long enough to be reached, which usually means 40 
inches or more.
    Response 28: The final rule's effect on sales for some particular 
products is accounted for in the regulatory analysis in section V of 
this preamble, and Tab F of Staff's Final Rule Briefing Package. 
However, 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. Also, custom product requirements in the final 
rule allow for a variety of solutions to ease the operation of window 
coverings, including poles for cordless systems, rigid cord shrouds and 
loop cord and bead chain restraining devices, motorized window shades, 
and retractable cords. All of these options provide easy reach for 
consumers. Based on the comments, the final rule for custom window 
coverings specifically permits corded window coverings that use a 
single cord retractor, rigid cord shroud, or a cord restraining device, 
to

[[Page 73177]]

create more options for non-motorized safe window coverings, provide 
options for accessible custom window coverings, and allow for ease of 
use.
5. Cord Cleats
    Comment 29: About 42 commenters stated that cord cleats are 
provided with corded window coverings and address the hazard.
    Response 29: Cord cleats do not adequately address the 
strangulation hazard associated with window covering cords because such 
devices rely on consumers to wrap the excess cord around the cord cleat 
every time they raise or lower the window covering. Incident data 
demonstrate that consumers may not wrap the cords around the cleat 
every time they operate the window covering, which results in dangling 
operating cords with which children can strangle. 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.\34\ Further, cord cleats may be 
accessed by children. In one incident:
---------------------------------------------------------------------------

    \34\ Id.

[a] four year old boy moved a small plastic table over near the 
window, climbed upon the table and reached up and removed the 
shortened pull cord for the window covering from the ``safety'' 
cleat. He pulled the cord out and wrapped it around his neck. He 
then jumped off of the table. The cord broke and he fell to the 
floor. His parents were able to remove the cord from his neck. The 
boy recovered from his injuries.\35\
---------------------------------------------------------------------------

    \35\ Lee, K. (2014). Mechanical Engineering Response to Window 
Coverings Petition. CPSC memorandum to Rana Balci-Sinha, Project 
Manager, Window Coverings Petition CP 13-2. U.S. Consumer Product 
Safety Commission, Rockville, MD. Accessed at https://www.cpsc.gov/s3fs-public/pdfs/blk_pdf_PetitionRequestingMandatoryStandardforCordedWindowCoverings.pdf.
---------------------------------------------------------------------------

6. Effective Date
    Comment 30: At least 401 commenters stated that the proposed six-
month-effective-date is very short to meet the proposed requirements; 
94 commenters suggested at least one year effective date, three 
commenters suggested at least an 18 month to 2 years effective date, 
and seven commenters suggested at least 2 years to comply with the 
rule. Two commenters submitted the extent of the delays in obtaining 
equipment, transit time in both sea and air to get equipment and 
components from overseas suppliers, and delays in lead times for raw 
materials. One manufacturer, Safe T Shade, stated that ``a 180-day lead 
time is more than sufficient for a painless Industry implementation,'' 
and consumer organizations stated that a mandatory standard should be 
issued as soon as possible.
    Response 30: Under section 9(g)(1) of the CPSA, the Commission must 
find good cause that a later effective date is in the public interest, 
to extend the effective date of the final rule beyond 180 days. 
Although most of the comments seeking a later effective date were not 
specific or substantiated, Table 1a in the Appendix to Tab C of Staff's 
Final Rule Briefing Package presents the timelines and criteria for 
creating compliant custom window coverings, such as tooling, transit, 
and inventory, that a few commenters offered. These commenters provided 
timelines of 9 to 20 months in obtaining and transporting equipment/
materials from overseas suppliers, citing long lead times of 4 to 12 
months to acquire necessary equipment and materials, and an additional 
1 to 4 months upon delivery to assemble component inventory. Another 
commenter stated an additional delay related to continued COVID-19 
disruptions. Staff believes a later effective date would allow 
manufacturers more time to redesign, distribute costs of compliance 
along the entire year, or discontinue product variants that cannot meet 
compliance. Staff therefore recommended a 1-year effective date, which 
is greater than the 30-180 day effective date range provided for in 
CPSA section 9(g)(1), 15 U.S.C. 2058(g)(1), for most custom window 
coverings.
    The Commission has considered the information supplied by 
commenters and staff's analysis, but does not agree that the 
development and logistics phases for most custom window coverings to 
come into compliance requires a one-year effective date from the time 
of publication of the final rule, nor that a delay beyond the default 
statutory maximum of 180 days (15 U.S.C. 2058(g)(1)) is in the public 
interest. First, staff's economic analysis in Tab F does not conclude 
that a longer effective date creates a material reduction in the 
estimated costs of the rule, and commenters do not show that this would 
be the case.
    Second, methods of eliminating the window covering cord hazard have 
been developed for stock window coverings under ANSI/WCMA-2018, and 
those same methods can be used for, or at a minimum can be adapted to, 
custom window coverings.
    Third, more than two years ago, Canada issued a rule on window 
covering cords for all window coverings, whether stock or custom, 
without exceptions. The NPR analyzed the requirements of the Canadian 
rule and discussed the effective date of that rule. Canada's rule has 
been enforced since May 2022. Manufacturers of custom window coverings 
had two years to come into compliance with Canada's rule, and the 
solutions developed for Canada should be usable in the United States as 
well. Indeed, a number of commenters arguing for a delayed effective 
date are known to sell in Canada, and yet they did not address how the 
Canadian rule impacts compliance with CPSC's final rule. Nor has any 
party suggested that implementation of the Canadian requirements is 
causing major disruption in that country.
    Fourth, manufacturers have been aware of CPSC's proposed rule for 
at least one year already, since October 2021 when Staff's NPR Briefing 
Package was posted on CPSC's website. Moreover, the proposed rule, with 
a 180-day effective date, was published in the Federal Register in 
January 2022. Thus, a 180-day effective date from publication of a 
final rule comes on top of a substantial period of time during which 
manufacturers were aware of the likelihood of a rule.
    Accordingly, the Commission does not find good cause in the public 
interest to delay the effective date for the majority of custom window 
covering products. A 180-day effective date--the maximum period stated 
in section 9(g)(1) of the CPSA (15 U.S.C. 2058(g)(1))--allows 
sufficient time for industry to meet any additional design, 
development, testing, and logistics concerns with technologies already 
in use (cordless, short cords, and inaccessible cords) and also 
specifically with regard to the additional methods to comply (rigid 
cord shrouds, loop cord and bead chain restraining devices, and 
retractable cords). The record, including staff's analysis, reflects 
that cordless options are available for nearly all window covering 
types and many stock product substitutes are available to consumers.
7. Free Hanging Cords
    Comment 31: At least three commenters stated that free hanging 
cords (meaning a cord that is longer than 8 inches and not restrained) 
should be prohibited because they pose a higher strangulation risk to a 
child. At least one manufacturer stated that free hanging cords are a 
large portion of their business.
    Response 31: Free-hanging window covering cords are associated with 
18 of 36 custom product strangulations or near strangulations (74 free-
hanging cord incidents of the overall total of 209 incidents). Removing 
free-hanging cords

[[Page 73178]]

from custom window coverings will reduce deaths and injuries. The 
window covering industry appears to be moving away from free-hanging 
cords, as WCMA, in their latest draft balloted revision, draft ANSI/
WCMA-2022, proposes to remove cord lock systems, and thus free hanging 
operating pull cords from all custom products, regardless of type, 
size, and weight of the window covering. As stated earlier, the final 
rule contains several alternatives to hazardous free-hanging cords, 
such as rigid cord shrouds, loop cord and bead chain restraining 
devices, and retractable cords, in addition to manual and motorized 
cordless lift systems that can replace hazardous cord lock systems.
8. Coverings for High Windows or Windows That Are Hard-to-Reach Are 
Impossible To Use With an 8-Inch Cord
    Comment 32: At least 385 commenters stated that window coverings 
located at higher locations on a wall, windows behind the kitchen sink, 
or windows behind furniture, cannot be operated with an 8-inch cord.
    Response 32: The rule allows for several safe alternatives for 
operating cords besides using an 8-inch cord. For custom products in 
hard-to-reach locations, under the final rule consumers have the option 
to choose from, among others that could be developed:

 Cordless blinds with an access wand
 Motorized window covering with a remote control
 Single cord retractor systems with a 12-inch stroke
 Rigid cord shroud
 Cord restraining device
9. Manual Spring System Is Not Durable
    Comment 33: At least 8 businesses stated that manual spring systems 
are not durable and break easily.
    Response 33: Manual cordless lift systems, popular in stock 
products, often use a series of constant force springs. If the springs 
break, the window covering fails safe, because cordless window 
coverings do not have accessible operating cords. Any spring has a 
limited fatigue life (number of cycles to failure). Manufacturers can 
control fatigue life of the lift system by selecting the proper spring 
size, strength, and number of springs for the lift system.
10. Off-the-Shelf Products
    Comment 34: At least 3 commenters suggested that stock products are 
more dangerous than custom products because stock products are allowed 
to have longer lengths of accessible pull cords than custom window 
coverings, stock product customers are less likely to get safety 
information, and stock products are likely to be installed by consumers 
who may be unfamiliar with the hazard.
    Response 34: Stock window coverings that are compliant with the 
existing voluntary standard, ANSI/WCMA-2018, cannot have lengthy pull 
cords as the commenters suggest. All stock products must be cordless, 
have short cords (equal to or shorter than 8 inches), or have 
inaccessible cords. Although consumers may not be as knowledgeable as 
professional installers, most of the custom products involved in the 
identified strangulation incidents were installed by professionals and 
still lacked safety devices. Several public commenters state that 
installers may remove the tension device from a product if the customer 
does not want it mounted, which allows a free-hanging hazardous loop on 
the product. Educating consumers is paramount particularly to reduce 
the risk associated with corded window coverings already installed in 
consumers' homes. However, as discussed in Staff's Final Rule Briefing 
Package, education campaigns are insufficient to adequately address the 
hazard, and manufacturing inherently safe custom window coverings that 
comply with the requirements for stock products in ANSI/WCMA-2018 is 
required to address the risk of injury or death.
11. Product Options/Limited Choices for Consumers
    Comment 35: At least 321 commenters suggested that consumers may 
want to have different window covering cord options to serve their 
different needs and that reducing consumer options is not preferable.
    Response 35: The final rule leaves room for operating system 
options. Manufacturers can develop new operating systems that do not 
have accessible cords or implement existing solutions such as cordless 
systems, shrouded or continuous loop systems, or shrouded pull cord 
systems. These technologies are available and are being used for both 
stock and custom window coverings.
    Suppliers of custom window coverings to the Canadian market have 
already adjusted their products to comply with Canada's window 
treatment regulations, which are substantially similar to this final 
rule. Compliance to the Canadian rule has apparently resulted in 
changes to advertised product lines; such as those shades that could 
not meet the inner cord requirements (e.g., light pleated shades, 
narrow metal blinds) appear to have been removed from the market, as 
well as some of the largest sizes of other categories. Manufacturers 
are offering cost-effective redesigns to other product types that are 
cordless. In addition, manufacturers are offering new designs to 
replace the discontinued options in Canada, such as shades with light 
blocking material on the bottom and sheer on the top as a replacement 
for ``top down/bottom up'' (TDBU) shades. CPSC has no evidence from the 
Canadian market of a significant reduction in consumer choice. Rather, 
the market has reacted with cost-effective substitutes and redesigns.
12. Retractable Cords Work Well and Are Safe
    Comment 36: At least 149 commenters stated that retractable cords 
are safe and should not be eliminated as an option to make operating 
cords inaccessible.
    Response 36: CPSC is not aware of incidents associated with 
retractable cords, and based on the comments received, the final rule 
provides a retractable cord lift system option for custom window 
coverings, provided that the system only exposes up to 12 inches of 
cord from the bottom of the headrail as a stroke length. The Commission 
adopts a 12-inch cord limit based on staff's analysis (Tab B) 
demonstrating that it is extremely unlikely for a strangulation to 
occur in this scenario for both younger and older children, as well as 
lack of incidents within 12 inches of the headrail.
13. Technology Uavailable To Cover All Products in All Sizes and 
Weights
    Comment 37: At least eight commenters, including WCMA, stated that 
non-motorized cordless lift systems are not feasible for large window 
coverings. Commenters stated that continuous loop cords with tie down 
devices are capable of lifting any size window covering. At least 3 
commenters stated that manual cordless lift systems have limitations 
such as size and weight of the window covering that could limit the 
application (e.g., for faux wood blinds, a general estimate for the 
maximum dimensions for cordless is 96 inches wide by 48 inches high and 
60 inches wide by 84 inches high). Commenters also stated that there is 
an increased presence of taller windows in homes.
    Response 37: Because hazard patterns in taller window coverings are 
the same as hazard patterns for shorter window coverings, the 
potentially increased number of installations of taller window 
coverings in residences, and the

[[Page 73179]]

feasibility of applying safer technologies on these products, the 
Commission will not exclude taller products from the scope of the rule.
    The Commission also considered the comments provided by 
manufacturers about the limitations for larger products to accommodate 
the manual cordless systems. Staff reviewed the incident data to 
determine the largest products that were involved in incidents: the 
longest product that was involved in a nonfatal incident had a reported 
length of 112 inches (width was 124 inches). A reported fatality 
involved a roller shade; based on other dimensions provided in the in-
depth investigation (IDI), staff estimates the length as 119 inches 
(width was estimated as 54 inches).
    Based on staff's market research, rigid cord shrouds are currently 
limited to operating window coverings up to 96 inches tall. Staff 
reviewed the available technologies on the market and determined that 
it is feasible to implement rigid cord shrouds, cord or bead chain 
restraining devices, or retractable cords on larger window coverings 
(Tab C). Accordingly, the final rule allows for the use of these 
methods, as long as the products meet the durability performance 
requirements in the rule.
14. Top-Down-Bottom-Up (TDBU) Shades
    Comment 38: About 33 commenters believe that TDBU shades would be 
eliminated if the proposed rule becomes final. They believe that TDBU 
shades are safe and should not be eliminated.
    Response 38: The final rule does not eliminate TDBU window 
coverings. Under the final rule a TDBU shade can be manufactured as 
long as it does not contain hazardous operating cords as stated in the 
final rule (meaning accessible cords longer than 8 inches). Moreover, 
inner cords are subject to the final rule under section 15(j) of the 
CPSA, which incorporates by reference the ANSI/WCMA-2018, requiring 
that accessible inner cords cannot create a hazardous loop. If the 
inner cords fail to meet this ANSI/WCMA-2018 requirement, manufacturers 
can redesign the product to meet the standard. For example, some 
manufacturers were concerned that TDBU products could not meet the 
Canadian inner cord requirement (which are more stringent than ANSI/
WCMA-2018 requirements). However, Canadian custom window treatment 
retailers have already adjusted their products to comply with Canada's 
requirements for inner cords. Manufacturers are offering cost-effective 
redesigns for TDBU products to replace the discontinued options, such 
as shades with light blocking material on the bottom and sheer on the 
top as a replacement for TDBU shades.
15. Training Installers
    Comment 39: At least 353 businesses stated that they train their 
installers so that window coverings and safety devices are properly 
mounted.
    Response 39: Over the lifetime of product use, even properly 
installed external safety devices such as tension devices may break or 
come off the wall. Also, consumers who do the installation by 
themselves may not have the knowledge or ability to properly install 
the device. Importantly, staff's testing found that a child can fit 
their head through a properly tensioned cord (Tab I); cord tension 
devices do not eliminate or adequately reduce the risk of 
strangulation. Safer options to reduce the risk of injury include 
passive safety devices that do not rely on consumer behavior to prevent 
the hazard.

H. Stories of Loss

    Comment 40: More than 40 commenters either were personally affected 
by a window covering cord injury or death or know someone who was 
affected by a child's death on a window covering cord.
    Response 40: The Commission appreciates the courage of these 
families in sharing their difficult stories of a tragic loss. To each 
of these parents, family members, and loved ones, 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 its final rules for stock and custom window 
coverings, in an effort to prevent the tragedy of losing a child to a 
window covering cord.

I. Comments of the Chief Counsel for the Office of Advocacy, SBA

    Comment 41: The Office of Advocacy of the Small Business 
Administration (Office of Advocacy) states that CPSC's Initial 
Regulatory Flexibility Act (IRFA) analysis relies on incomplete 
information and advises that the Commission publish an updated analysis 
for comment.
    Response 41: The Final Regulatory Flexibility Analysis (FRFA) 
incorporates the changes suggested by the Office of Advocacy. Tab G of 
Staff's Final Rule Briefing Package provides an estimate for the 
potential firms that may meet the criteria for small businesses and a 
more detailed discussion.
    Comment 42: The Office of Advocacy stated that CPSC should consider 
alternatives for the final rule that reduce the burden to small 
businesses while still meeting the stated objectives of increased child 
safety. The Office of Advocacy expressed concerns about the costs to 
comply, time to comply, and whether an updated voluntary standard would 
adequately address the risk of injury.
    Response 42: The Commission considered alternatives to reduce the 
potential burden of the final rule to small businesses. Alternatives 
the Commission considered are listed in the Regulatory Flexibility Act 
analysis in the NPR and this final rule, and included continued work on 
education efforts, narrowing the scope of the rule, and updating the 
voluntary standard. For the final rule, the Commission considered an 
exemption for very large window coverings in response to comments from 
the SBA's Office of Advocacy and the public, but ultimately determined 
that it is feasible to make larger window coverings safe in a timely 
way, and the hazard associated with larger window coverings is the same 
as that of smaller products. Section II.E.4 of this preamble details 
the Commission's consideration of larger-sized window coverings.
    After considering CPSC staff's analysis and information from 
commenters, the Commission sets a final rule effective date of 180 days 
from publication in the Federal Register for all custom window 
coverings, as proposed in the NPR. Section III.G.6 of this preamble 
explains the Commission's rationale, and that unless the Commission 
finds good cause in the public interest to delay an effective date, the 
statutory maximum effective date is 180 days from publication in the 
Federal Register. An effective date of 180 days should be sufficient to 
complete any additional design, development, testing, and logistics, 
and to adopt the additional methods of compliance provided in the final 
rule (rigid cord shrouds, loop cord and bead chain restraining devices, 
and retractable cords). See supra, section III.G.6. This will also 
allow manufacturers, including small businesses in the U.S. and larger 
and foreign firms that supply U.S. retailers that are small businesses, 
more time to source necessary component parts. Many of the firms 
supplying the U.S. market with custom window coverings, including some 
small businesses, also supply the same products to the Canadian market, 
where a similar rule was enforced in May 2022. The industry has already 
had years to come into compliance with the Canadian rule. So too, 
CPSC's draft rule has been available

[[Page 73180]]

for at least one full year already. As CPSC staff has advised, 
moreover, compliant stock substitutions are available for most window 
covering types. These stock solutions also provide a source of design 
and materials for bringing custom window coverings into compliance.
    The reasons for not relying entirely on any voluntary standard are 
discussed elsewhere in this preamble.
    Comment 43: The Office of Advocacy stated that CPSC should consider 
exceptions in situations where corded window coverings are a necessity, 
such as under the Americans with Disabilities Act.
    Response 43: Section 9 of the CPSA requires the Commission to 
consider the effects of a rule on elderly and disabled persons. Section 
II.C.7 of this preamble provides an analysis of the issues raised by 
commenters with regard to the ADA.

IV. Description of the Final Rule

    The need for this rule under sections 7 and 9 of the CPSA arises 
from a difference in the existing voluntary standard's requirements for 
operating cords on stock window coverings and operating cords on custom 
window coverings. Section 4.3.1 of ANSI/WCMA-2018 sets forth the 
performance requirements for operating cords on stock window coverings 
(see Table 8). 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). Accordingly, in the separate proceeding for stock window 
coverings, the Commission is incorporating by reference the ``readily 
observable'' safety characteristics for window covering cords, as 
addressed by ANSI/WCMA-2018, into a rule that deems the absence of 
these safety characteristics a substantial product hazard under section 
15(a) of the CPSA.
    Conversely, the Commission has 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 to 
children. Accordingly, the Commission finalizes this rule to require 
that operating cords on custom window coverings comply with the same 
performance requirements established in section 4.3.1 of ANSI/WCMA-2018 
for operating cords on stock window coverings, instead of the weaker 
requirements in section 4.3.2. The final rule also contains two 
methods, integrated into a window covering as sold, to make operating 
cords inaccessible to children 8 years and younger: rigid cord shrouds 
and retractable cords, and one method to make accessible continuous 
loops non-hazardous: loop cord and bead chain restraining devices. 
ANSI/WCMA-18 and the draft ANSI/WCMA-2022 allow these methods with 
somewhat different requirements from the final rule. Hundreds of 
commenters requested that we allow these options to remain for custom 
products. Staff assessed the methods and advised that they could be 
made safer to address the risk of injury. Accordingly, these methods 
are allowed in the final rule provided that the methods meet the 
durability requirements in the final rule.

          Table 8--Comparison of Custom Product Requirements in ANSI/WCMA-2018, NPR, and the Final Rule
----------------------------------------------------------------------------------------------------------------
                                       Custom products in ANSI/                           Custom products final
       Performance requirements               WCMA 2018           Custom products NPR              rule
----------------------------------------------------------------------------------------------------------------
(No operating cords (cordless).......  Allowed................  Allowed................  Allowed.
Short cord (8 inches or shorter) in    Allowed................  Allowed................  Allowed.
 any state.
Inaccessible operating cords.........  Allowed................  Allowed................  Allowed.
Rigid cord shrouds (can be used with   Allowed if Rigid Cord    Allowed if Rigid Cord    Allowed if Rigid Cord
 any operating system).                 Shroud meets ANSI/WCMA-  Shroud meets ANSI/WCMA-  Shroud meets ANSI/WCMA-
                                        2018 test requirements.  2018 test requirements   2018 test requirements
                                                                 plus proposed            plus deflection and
                                                                 deflection and           deformation tests.
                                                                 deformation tests.
Single retractable cord lift system..  Allowed, no limit in     Asked for comments.....  Allowed provided that
                                        cord length under                                 it meets complete
                                        tension.                                          retraction at 30-gram,
                                                                                          non-cord retraction
                                                                                          device, and stroke
                                                                                          length limited to 12
                                                                                          inches below the
                                                                                          headrail.
Non-hazardous Cord Loops using Cord    Allowed if device meets  Asked for comments.....  Allowed if device meets
 and Bead Chain Restraining Device.     ANSI/WCMA-2018 tests.                             ANSI/WCMA-2018 tests
                                                                                          and test for UV
                                                                                          followed by cyclic
                                                                                          test and deflection
                                                                                          test.
Accessible Operating Cords longer      Allowed................  Prohibited.............  Prohibited.
 than 8 inches.
Continuous Loops with Tension Devices  Allowed................  Prohibited.............  Prohibited.
Cord Loop Lift Systems...............  Allowed................  Prohibited.............  Prohibited.
----------------------------------------------------------------------------------------------------------------

A. Description of Section 1260.1--Scope and Definitions

    Section 1260.1, scope and definitions, describes the scope of the 
final rule and provides relevant definitions for the final rule. 
Definitions for terms defined in ANSI/WCMA-2018 remain consistent with 
the voluntary standard. Section 1260.1(a) limits the scope of the final 
rule to operating cords on custom window coverings because the risks of 
injury associated with inner cords on custom window coverings, and with 
operating and inner cords on stock window coverings, are addressed in a 
separate rule under section 15(j) of the CPSA. Section 1260.1(a) 
provides an effective date of 180 days after publication of the rule in 
the Federal Register.
    Section 1260.1(b) incorporates by reference several definitions in 
section 3 of ANSI/WCMA-2018. The final rule clarifies the definition of 
a ``Rigid Cord Shroud'' to include the inaccessibility requirement in 
Appendix C of ANSI/WCMA-2018, and includes two additional terms to 
accommodate specification of two additional methods to make custom 
window covering cords inaccessible to small children, ``Retractable 
Cord,'' and ``Loop Cord and Bead Chain Restraining Device.'' 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

[[Page 73181]]

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'' 
prior to distribution in commerce, 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 7 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 rule is necessary because the rule includes a test for a 
``rigid cord shroud'' in Sec.  1260.2(b), to meet the inaccessibility 
requirement in section 4.3.1.3 of ANSI/WCMA-2018.
     ``Cord retraction device,'' definition 2.08 of ANSI/WCMA-
2018, is a passive device which winds and gathers cords when tension is 
no longer applied by the user.
    The definition of ``rigid cord shroud'' in Sec.  1260.1(c) is 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. For the final rule, the Commission is 
clarifying in the definition that ``inflexible material'' is material 
that makes the cord inaccessible as defined in Appendix C of ANSI/WCMA 
A100.1-2018.
    The final rule includes two new definitions in Sec.  1260.2(d) and 
(e), to define the two additional methods to make custom window 
covering cords inaccessible or non-hazardous to children 8 and under: 
retractable cords and loop cord and bead chain restraining device. 
These definitions are similar to the definitions in draft ANSI/WCMA-
2022, with modifications. A ``retractable cord'' is defined as ``a cord 
that extends when pulled by a user, and fully retracts when the user 
releases the cord, rendering the cord inaccessible as defined in 
Appendix C of ANSI/WCMA A100.1-2018.'' A ``loop cord and bead chain 
restraining device'' is defined as ``[a] device, integrated to and 
installed on the window covering, that prevents the creation of 
hazardous loop from an accessible continuous operating cord.''
    The final rule also includes a new definition in Sec.  1260.1(f) 
for ``operating interface,'' because this term is used to describe 
requirements for retractable cord devices. An ``operating interface'' 
is defined as the part of the window covering that the user physically 
touches or grasp by hand or a tool to operate the window covering, for 
example a wand to tilt the slats of the product or the bottom rail to 
raise or lower the product. This definition is similar to the 
definition in draft ANSI/WCMA-2022, with modifications.

B. Explanation of Sec.  1260.2--Requirements for Operating Cords on 
Custom Window Coverings

    Section 1260.2 sets forth the requirements for operating cords on 
custom window coverings. Section 1260.2(a) requires 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(a) 
includes a revision from the NPR, to allow compliance with section 
4.3.2.5.2 of ANSI/WCMA-2018, which is the provision in the voluntary 
standard setting forth requirements for loop cord and bead chain 
restraining devices. This addition in the final rule responds to the 
comments requesting that the rule not eliminate the use of continuous 
loop cords for custom window coverings by allowing their continued use 
as long as the hazardous cords are encased in an integrated loop cord 
or bead chain restraining device that meets the requirements of the 
rule.
    Section 1260.2(b) contains the requirements and test methods for 
rigid cord shrouds, when they are used to comply with Sec.  1260.2(a). 
Section 1260.2(b)(1) and (2) 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. CPSC staff 
developed these test methods based on work by an ANSI/WCMA task group 
in 2018, regarding confirmation that a cord shroud is rigid enough to 
ensure that the shroud cannot be wrapped around a child's neck or form 
a hazardous u-shape. The 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 
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 language related to rigid cord shrouds.
    Section 1260.2(c) contains requirements for retractable cords, when 
they are used to comply with Sec.  1260.2(a), to make an operating cord 
inaccessible. The requirements in this section were developed by CPSC 
staff to ensure that children cannot pull on retractable cords and gain 
sufficient length to wrap the cord around their neck. The requirements 
limit the stroke length for the cord to 12 inches from the headrail, 
and require the user interface to be a pole or wand, or other non-cord 
interface, to prevent the creation of a hazardous loop. The 
requirements also provide for UV and durability testing, as provided in 
ANSI/WCMA-2018.
    Section 1260.2(d) provides requirements for loop cord and bead 
chain restraining devices, which are intended to prevent the formation 
of a hazardous loop. The final rule requires that these devices meet 
the requirements of section 6.5 of ANSI/WCMA-2018, in addition to UV 
and durability tests added by the final rule.

C. Explanation of Sec.  1260.3--Prohibited Stockpiling

    The purpose of Sec.  1260.3 is to prohibit manufacturers and 
importers from stockpiling products that will be subject to a mandatory 
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). Section 
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 final rule in the 180-day 
period between the date of the final rule's publication 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

[[Page 73182]]

window coverings during the base period for the manufacturer. The base 
period is described in Sec.  1260.3(b) as any period of 180 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.

D. Explanation of Sec.  1260.4--Findings

    The findings required by section 9 of the CPSA are discussed in the 
regulatory text.

E. Explanation of Sec.  1260.5--Standards Incorporated by Reference

    Section 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 
ANSI/WCMA-2018.

F. Explanation of Sec.  1260.6--Severability

    Section 1260.6 contains a severability clause. This final rule 
includes multiple sections and requirements that aim to address the 
risk associated with strangulation of children 8 years old or younger 
on custom window coverings with hazardous operating cords, including 
the scope of the rule to include all custom window coverings, 
regardless of size, definitions included in the rule, performance 
requirements for custom window coverings, and performance requirements 
for methods to make cords inaccessible or non-hazardous. Because the 
rule includes these multiple requirements, the rule also includes a 
provision stating the Commission's intent that if certain requirements 
in the rule are stayed or determined to be invalid by a court, the 
remaining requirements in the rule should continue in effect.

V. Final Regulatory Analysis

    Section 9(f)(2) of the CPSA, 15 U.S.C. 2058(f)(2), requires a 
consumer product safety rule published in the Federal Register to 
include a final regulatory analysis that contains:
    (A) A description of the potential benefits and potential costs of 
the rule, including costs and benefits that cannot be quantified in 
monetary terms, and the identification of those likely to receive the 
benefits and bear the costs.
    (B) A description of any alternatives to the final rule which were 
considered by the Commission, together with a summary description of 
their potential benefits and costs and a brief explanation of the 
reasons why these alternatives were not chosen.
    (C) A summary of any significant issues raised by the comments 
submitted during the public comment period in response to the 
preliminary regulatory analysis, and a summary of the assessment by the 
Commission of such issues.
    The information and analysis in this section is based on Tab F of 
Staff's Final Rule Briefing Package.

A. Potential Benefits and Costs of the Rule

    Based on estimates from the NEISS and CPSC's Injury Cost Model, 
CPSC staff estimates that 7.6 nonfatal, medically treated injuries and 
6.8 fatalities occur annually among all corded window coverings 
associated with cord types that are within scope of this rule 
(Chowdhury 2022). Staff estimates the societal costs of these injuries 
to be about $72 million annually. Overall, staff found that fatalities 
account for an overwhelming majority of societal costs at $71.4 million 
annually, and that nonfatal injuries account for about $498,000 in 
societal costs annually.
    Staff estimates the societal cost of deaths and injuries 
attributable to custom window covering products, that would not 
otherwise be addressed by the 15(j) rule's provisions for inner cords 
on both stock and custom window coverings, to be $31.6 million annually 
(about 44 percent of the total), based on a CPSC staff review of 
incidents and values, using the ICM and a Value of Statistical Life 
(VSL) of $10.5 million. Staff calculated the present value of the 
societal cost \36\ of deaths and injuries for each blind type, based on 
each type's expected product life. Staff combined these societal unit 
costs with corded custom window covering sales in 2020, to generate a 
gross annual societal cost of $24.35 million. Finally, staff adjusts 
this estimate for the expected effectiveness of the final rule to 
estimate a total annual benefit of $23 million.
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    \36\ Calculating the annual societal costs per window covering 
unit, staff divided that total societal cost by an estimate of 145 
million corded custom window coverings in use for the year of 2020, 
which resulted in a per-unit societal cost of $0.22 per corded 
custom window covering in use.
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    The final rule would impose costs on manufacturers of custom window 
covering products. Manufacturers would likely pass much of incremental 
per-unit manufacturing cost to consumers in the form of higher prices. 
Based on component cost estimates, assembly/manufacturing costs, 
consumer surplus loss, and proportions of domestic manufacturing, the 
incremental cost per corded custom window covering produced would range 
from nothing to approximately $35 and is highly dependent on product 
type. The final rule would not result in any cost increases for already 
cordless custom window coverings. Accordingly, staff combined the value 
of the number of corded custom window coverings that were shipped in 
2020, estimated to be $15.85 million, with the per-unit cost increase 
to generate an aggregate cost estimate ranging between $54.4 million 
and $114 million. An additional cost estimate for the research, 
development, implementation, time, and retooling required for some 
corded product amounts to approximately $14.7 million. Including this 
value results in a total aggregate cost estimate range of $54.4 million 
to $129 million annually.
    To provide an accessible framework to perceive how the additional 
cost of the final rule impacts consumers, staff converted costs and 
benefits of the rule into a calculated net cost per household, based on 
the data point that the average detached, single-family household has 
12 window coverings. Table 9 contains the estimated household net costs 
from replacing all window coverings in the home with products compliant 
with the final rule.

                                                      Table 9--Household Net Costs From Final Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Household cost    Low-End
                            WC types                             Mean unit    to update WC     cost per   Benefit      Net per unit      Household net
                                                                   price       (pre-rule)        unit     per unit                            cost
                                                                       [1]    [2] = [1] x 12        [3]        [4]      [5] = [4]-[3]     [6] = [5] x 12
                                                                                  households                                                  households
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vinyl/Metal....................................................     $37.36           $448.32      $3.03      $1.06            ($1.97)           ($23.67)
Wood/Faux Wood.................................................      69.79            837.48       6.38       1.61             (4.77)            (57.24)
Cellular Shade.................................................      94.51          1,134.12       5.73       2.04             (3.69)            (44.25)

[[Page 73183]]

 
Pleated Shade..................................................      54.53            654.36       2.20       2.12             (0.08)             (0.94)
Roman Shade....................................................      69.36            832.32       5.63       2.43             (3.20)
Roller Shade...................................................      64.04            768.48       5.19       2.04             (3.15)            (37.83)
Soft Sheer.....................................................     250.00          3,000.00      20.28       2.04            (18.24)           (218.82)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Table 9 shows the net price increase to replace 12 window coverings 
based on the type of custom window covering. For example, horizontal 
blinds composed of metal or vinyl have a low-end, per-unit cost 
estimate of $3.03 and a per-unit benefit estimate of $1.06 (assuming 
the base VSL). This translates into a net cost of the final rule of 
$1.97 (assuming the base VSL) for metal/vinyl horizontal blinds. Using 
the assumption of 12 window coverings per household, this equates to a 
net cost of the rule (above the benefits provided) of $23.67 per 
household every time a household updates their custom window coverings, 
about once every 10 years. For metal or vinyl horizontal blinds, $23.67 
is slightly more than 5 percent of the total cost of $448.32 that a 
household would spend to update their window coverings.
    The cost impact from the final rule may be less than estimated, 
however, due to the enforcement of Canada's regulations beginning in 
May 2022.\37\ Companies that sell in both Canada and the United States 
have already redesigned their custom offerings to be compliant with the 
Canadian regulations, which are substantively similar to those being 
finalized here. Those companies may already have stock of compliant 
product designed and available to sell to the U.S. market through small 
dealers and interior designers.
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    \37\ https://laws-lois.justice.gc.ca/eng/regulations/SOR-2019-97/FullText.html.
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    Based on staff's estimated benefits and costs, which does not 
account for efficiencies resulting from prior safety innovation in 
stock window coverings or custom window coverings for Canada, net 
benefits (i.e., benefits minus costs) for the market of custom window 
coverings (i.e., excluding stock window covering products, and the 
benefits of the separate rule for inner cords on custom window 
coverings) amounts to approximately -$31.3 million to about -$106 
million annually.
    Staff also conducted a sensitivity analysis for a few variables, 
including the value of statistical life (VSL). In the NPR, the 
Commission invited comment on a potentially higher VSL for children, up 
to three times the base level (3 x $10.5 million for a total of $31.5 
million). 87 FR 1044-45. CPSC received comments in support of a child-
focused VSL, with alternative methods suggested. Staff considered a 
higher VSL for children in the sensitivity analysis. With a VSL value 
of $31.5 million, benefits exceed costs by approximately $14.3 million 
annually. Staff also highlights the unquantified benefits of the final 
rule, including the emotional distress level of caregivers that will be 
reduced by the final rule. This benefit is not directly accounted for 
in the primary VSL estimate of $10.5 million. The value of the shock or 
perceived guilt related to a caregiver's inattentiveness could be 
significant, as it could result in large reductions to physical 
wellbeing or income loss.
    To issue this final rule, the Commission must find that the costs 
of the rule bear a reasonable relationship to the benefits of the rule. 
A reasonable relationship between costs and benefits requires the 
Commission to exercise judgement, and to balance whether the risks 
involved warrant the cost to address the risks. The Commission has 
conducted this balancing, and finds that the predicted benefits 
expected from the rule bear a reasonable relationship to the 
anticipated costs of the rule because, among other reasons, the 
severity of the injury is usually death to a child, the cost per 
household is reasonable particularly in light of the long life of the 
products, and similar operating cord requirements have been 
successfully implemented, without substantial market disruption, for 
stock window coverings in the U.S. as well as for stock and custom 
window coverings in Canada. See Sec.  1260.4(i) of the regulatory text.

B. Regulatory Alternatives to the Final Rule

1. No Action Alternative
    Under this alternative the status quo would be maintained. No costs 
are associated with this alternative. However, this alternative does 
not adequately address the fatal and nonfatal injuries involving corded 
custom window coverings.
2. Rely Upon or Improve Voluntary Standard for Window Coverings
    Another alternative is to adopt the recently balloted draft 
voluntary standard (ANSI/WCMA-2022) as a mandatory standard in this 
final rule, without waiting for the standard to become effective. In 
July 2022, WCMA issued a ballot to revise the 2018 voluntary standard. 
The proposed revisions would prohibit standard operating systems 
(operating pull cords) and the use of continuous loop systems in custom 
horizontal blinds only. CPSC staff voted against the ballot on August 
15, 2022, stating that hazardous cords remain an option for operating 
cords on all other custom products other than horizontal blinds,\38\ 
leaving a maximum of 87 incidents (fatal and non-fatal) unaddressed 
covering the time period from 2009 through 2021.\39\ Staff also 
assessed the balloted draft standard's requirements for retractable 
cords inadequate because they allow for a 36-inch retractable cord (2 
feet longer than the final rule) and because the UV test method allows 
for testing only a section of a rigid cord shroud (instead of the 
complete sample). Based on the assessment in Tab I of Staff's Final 
Rule Briefing Package, the Commission finds that the draft balloted 
standard is inadequate to address the risk of strangulation to 
children.
---------------------------------------------------------------------------

    \38\ CPSC staff letter is available at https://www.regulations.gov/document/CPSC-2013-0028-3667.
    \39\ Includes custom/unknown product categories, and continuous 
loops/unknown cord types.
---------------------------------------------------------------------------

    Adopting the balloted draft standard would narrow the benefits as 
well as the costs. The estimated costs would range from approximately 
$32 million to $72.5 million, but benefits using the base VSL would be 
just $9.6 million, leaving an unaddressed potential benefit of $13.4 
million representing continued serious injuries and deaths. This 
unaddressed potential benefit is 58.3 percent of the total $23 million 
potential benefits (in

[[Page 73184]]

value of lives saved and injuries prevented) estimated under the final 
rule. Hazardous cords would remain an option on custom shades, custom 
vertical blinds, and curtains/drapes, meaning an estimated 7.4 million 
units of custom products sold annually going forward.
    A related alternative might be for Commission staff to continue 
participating in, and encouraging safety improvements to, the voluntary 
standard for window coverings. 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 relevant conditions on stock products to 
custom, in the same manner that staff has been pursuing unsuccessfully 
for many years, as a conditional alternative to a mandatory standard 
developed by the Commission. The Commission could reconsider a 
mandatory standard if efforts to improve the voluntary standard on 
custom products remain unsatisfactory.
    This option is unlikely to address the unreasonable risk of injury 
associated with operating cords on custom window coverings. The 
protracted and incompletely successful history of the voluntary 
standard process on this issue demonstrates that continuing to wait for 
ANSI/WCMA to address the injuries in the voluntary standard will result 
in additional deaths and injuries to children, with little hope of 
progress if the Commission does not pursue rulemaking. Based on 26 
years of experience with the voluntary standards process for this 
hazard, the Commission will not choose this option.
    As a third alternative, the Commission could wait and see whether 
ANSI and/or WCMA approve a revised standard, and then either rely upon 
it as a voluntary standard, or proceed to a final rule with similar 
provisions as in this final rule. This alternative would either produce 
a similar cost-benefit ratio as for the final rule adopted here (with 
lower costs but also lower benefits), or delay the implementation of a 
rule, like the one here, that more fully addresses the strangulation 
hazard. This alternative would risk the lives of more children to 
strangulation on hazardous custom products, and the Commission does not 
adopt it.
    Furthermore, this approach might not allow the full range of 
consumer protections afforded by this final rule. For example, if the 
Commission chose to address custom horizontal blinds by relying on a 
voluntary standard under section 15(j) of the CPSA, then additional 
methods to make cords inaccessible on horizontal blinds, such as rigid 
cord shrouds and loop cord and bead chain restraining devices, could 
not be subject to any requirement that is not ``readily observable,'' 
and so might not be subject to durability requirements like those in 
the final rule.
    Based on the forgoing, the Commission concludes that the voluntary 
standards process is unlikely to lead to an adequate, or more 
beneficial and less costly, outcome for all custom window covering 
product types in the short or long run.
3. Later Effective Date
    The NPR proposed an effective date that is 180 days after the final 
rule is published in the Federal Register. Under section 9(g)(1) of the 
CPSA, the Commission must find good cause that is in the public 
interest to extend the effective date of the final rule beyond 180 
days. Many commenters stated that CPSC should set a longer effective 
date for the final rule, as detailed in section III.G.6 of this 
preamble. The Commission reviewed and considered the commenters' 
concerns and staff's assessment of them, but finds that good cause in 
the public interest does not exist to extend the effective date beyond 
the default statutory maximum of 180 days from publication in the 
Federal Register.
4. Narrow Final Rule to Vertical Blinds, Curtains, and Drapes
    The Commission could narrow the final rule to vertical blinds, 
curtains, and drapes on the grounds that cords are not important to the 
operation of these products. These products typically offer cordless 
options at no additional cost for most applications because a plastic 
rod can be used for operation. Narrowing the final rule to these three 
product types would lessen the cost impact and make it unlikely that 
any window covering product would need to be phased out or changed 
substantially as a result of the rule. Although some consumers may 
require motorization for these products if operating cords are not 
available, which would dramatically increase the cost, this is unlikely 
to be a scenario that applies to many consumers. Some consumers may 
also prefer decorative cords that exceed the length described in the 
final rule, which would result in lower utility for these particular 
consumers should those decorative cords be removed.
    Under this alternative, the benefits and costs would be limited to 
vertical blinds, curtains, and drapes, which accounted for 
approximately 30 percent of 2020 window covering product shipments. 
However, the number of injuries and deaths associated with these 
products represents a small fraction of the total for operating cords 
on custom window coverings. This would equate to annual net benefits of 
approximately $7.8 million under the baseline VSL. The estimated net 
benefits of this option would be greater than the final rule due to the 
large costs to conform for the other product types, however a large 
fraction of the deaths and injuries would not be addressed.
5. Continue and Improve Information and Education Campaign
    The Commission could seek to improve its current information and 
education campaign concerning the strangulation hazard associated with 
corded window covering products. This alternative could be implemented 
without regard for regulatory action such as this final rule. Based on 
the continuing number of fatalities associated with window covering 
cords, however, the effective injury reduction of campaigns, such as 
those the Commission has sponsored for years, is most likely very 
small. The Commission will not rely on this option because information 
and education campaigns appear to be no more than slightly effective at 
reducing or preventing injuries associated with window coverings.
6. Adopt Canadian Window Covering Mandatory Standard
    Under this alternative the Commission could adopt the Canadian 
Corded Window Coverings Regulations (SOR/2019-97), as it is generally 
similar to the final rule. Staff estimates that this option would add 
more costs without adding more benefits than the final rule, although 
staff notes that it would provide some unquantifiable benefits related 
to harmonization of product standards for firms operating in both 
countries. The additional costs under this scenario are associated with 
requirements in the Canadian regulation that are more burdensome than 
the final rule, such as the pull force and inner cord requirements for 
products.\40\ Under this alternative, net benefits are less than the 
final rule as the additional costs are expected to be greater than the

[[Page 73185]]

unquantifiable benefit of standard harmonization.
---------------------------------------------------------------------------

    \40\ See Tabs G and I of the NPR Staff Briefing Package 
available at 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.
---------------------------------------------------------------------------

C. Summary of Significant Economic Issues Raised by the Comments

    Commenters raised issues regarding CPSC's cost-benefit method, the 
cost of safer window coverings to consumers, safer window coverings in 
commercial buildings, competition from foreign manufacturers, the 
impact of the rule on businesses (including small versus large 
businesses), the anti-stockpiling provision, unquantified benefits in 
the NPR, and CPSC's VSL for children. Section III.D of this preamble 
summarizes and responds to the economic issues raised by the 
commenters.

VI. Final Regulatory Flexibility Act Analysis

    Whenever an agency publishes a final rule, the Regulatory 
Flexibility Act (5 U.S.C. 601-612) requires that the agency prepare a 
final regulatory flexibility analysis that describes the impact the 
rule would have on small businesses and other entities. In this section 
we summarize information and analysis in Tab G of Staff's Final Rule 
Briefing Package. A FRFA must contain
    (1) a statement of the need for, and objectives of, the rule;
    (2) a statement of the significant issues raised by the public 
comments in response to the initial regulatory flexibility analysis, a 
statement of the assessment of the agency of such issues, and a 
statement of any changes made in the proposed rule as a result of such 
comments;
    (3) the response of the agency to any comments filed by the Chief 
Counsel for the Office of Advocacy of the SBA in response to the 
proposed rule, and a detailed statement of any change made to the 
proposed rule in the final rule as a result of the comments;
    (4) a description of and an estimate of the number of small 
entities to which the rule will apply or an explanation of why no such 
estimate is available;
    (5) a description of the projected reporting, recordkeeping and 
other compliance requirements of the 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
    (6) a description of the steps the agency has taken to minimize the 
significant economic impact on small entities consistent with the 
stated objectives of applicable statutes, including a statement of the 
factual, policy, and legal reasons for selecting the alternative 
adopted in the final rule and why each one of the other significant 
alternatives to the rule considered by the agency which affect the 
impact on small entities was rejected.

A. Reason for Agency Action

    The final rule is intended to address an unreasonable risk of 
strangulation to children 8 years and younger involving corded custom 
window covering products. An average of 6.8 fatal injuries (excluding 
inner cords and lifting loops) involving all corded window covering 
products that have operating cords annually to children less than 8 
years old (Tab A, Chowdhury, 2022). The societal costs of these fatal 
and nonfatal injuries amount to approximately $72 million. The final 
rule would only address the proportion of these injuries attributable 
to operating cords on custom products which, based on a CPSC review of 
209 reported incidents, would be approximately $31.6 million annually 
(Tab F, Bailey, 2022).

B. Objectives of and Legal Basis for the Rule

    The objective of the rule is to reduce or eliminate an unreasonable 
risk of serious injury or death to children 8 years old or younger by 
strangulation on corded custom window coverings, by promulgating a 
consumer product safety standard pursuant to the CPSA.

C. Comments of the Chief Counsel for the Office of Advocacy, SBA

    The Office of Advocacy submitted several points on the proposed 
rule. Consistent with one of the comments by the Office of Advocacy, 
the Commission is reducing the burden of the final rule by allowing, in 
addition to rigid cord shrouds as a method to make cords inaccessible, 
a retractable cord or a loop cord or bead restraining device, as long 
as such devices meet the requirements in the final rule. The Office of 
Advocacy's comments are summarized and responded to in section III.I of 
this preamble.

D. Significant Economic Issues Raised by the Public

    Section III.D of this preamble summarizes and responds to the 
significant economic issues raised by the commenters.

E. Small Entities to Which the Rule Will Apply

    The North American Industry Classification System (NAICS) defines 
product codes for U.S. 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).\41\ Window coverings can be 
sold in a variety of retail channels and could be listed under a large 
number of NAICS codes. These could include but are not limited to 
442299 (All Other Home Furnishings Stores), 452210 (Department Stores), 
452311 (Warehouse Clubs and Supercenters), 454110 (Electronic Shopping 
and Mail-Order Houses), and 454390 (Other Direct Selling 
Establishments).
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    \41\ 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.
---------------------------------------------------------------------------

    Under SBA guidelines, a manufacturer of window coverings is 
categorized as small if the firm has less than 1,000 employees (NAICS 
code 337920). Importers would be considered small if the firm has less 
than 100 employees. CPSC staff estimates that there are approximately 
83 importers that meet the SBA guidelines for a small business (Bailey 
2021). Most retailers of window coverings would be considered small if 
they have sales revenue less than $8.0 million (NAICS codes 442291, 
454390). Department stores, warehouse clubs, and electronic shopping 
and mail order houses must have revenues less than $35 million, $32 
million, and $41.5 million, respectively, to be considered small. Based 
on 2017 Census Bureau Statistics of US Businesses (SUSB) data, there 
were 1,898 blinds and shades manufacturers, (NAICS 337920), and 
retailers (NAICS 442291).\42\ Of these, 1,840 firms (302 manufacturers 
and 1,538 retailers) are small entities by SBA guidelines.
---------------------------------------------------------------------------

    \42\ This estimate focuses strictly on firms where window 
coverings are a majority of the operation. The other NAICS codes 
provided (322230, 454390, 442299, 452210, 452311, 454110) may 
include firms participating in the window coverings market but most 
likely account for a very small share of the firm's operation. In 
addition, it is possible some retailers of window coverings are 
listed under NAICS code 541410 Interior Design Services.
---------------------------------------------------------------------------

    Nearly all of the 302 small manufacturers identified are far below 
the 1,000 employee SBA threshold; 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.\43\ 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

[[Page 73186]]

$100,000, based on SUSB payroll data from the U.S. Census Bureau.
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    \43\ Based on Census Bureau SUSB data, a review of firm 
financial reports, and Dun & Bradstreet reports.
---------------------------------------------------------------------------

F. Compliance Requirements of the Final Rule, Including Reporting and 
Recordkeeping Requirements

    To eliminate the strangulation hazard on cords, the final rule 
establishes a performance standard that requires custom window 
coverings to meet the same requirements in section 4.3.1 of the 
voluntary standard ANSI/WCMA-2018 that apply to stock window coverings. 
To comply with the performance requirements, all accessible operating 
cords will need to be removed, made inaccessible, or shortened to less 
than 8 inches. The final rule provides two methods to make cords 
inaccessible (rigid cord shrouds and retractable cord devices) and one 
method that would remove the hazard from an accessible cord (cord or 
bead restraining device). Products that use one of these methods to 
meet the requirements must also conduct additional testing on 
durability, as set forth in the rule.
    Under section 14 of the CPSA, as codified in 16 CFR part 1110, 
manufacturers and importers of general use custom window coverings must 
certify, based on a test of each product or upon a reasonable testing 
program, that their window coverings comply with the requirements of 
the final rule. Manufacturers and importers of custom window coverings 
that are also children's products, as defined in 16 CFR part 1200, must 
use a CPSC-accepted third party conformity assessment body to test 
products for compliance, and issue a certificate of compliance based on 
such third-party testing. Testing and certification requirements are 
detailed in section X of this preamble.

G. Costs of the Final Rule That Would Be Incurred by Small 
Manufacturers

    Custom window covering manufacturers would most likely adopt 
cordless lift operation systems to comply with the final rule. As 
discussed in Tab F of Staff's Final Rule Briefing Package, the cost to 
modify window covering lift systems to comply with the final rule 
ranges from $2.99 to $9.77 per horizontal blind, $2.18 to $35 per 
shade, and no expected cost increase for vertical blinds and curtains/
drapes. CPSC staff estimates of redesign costs--where solutions are not 
already developed based on the stock window covering market, the 
Canadian market, or otherwise--equate to approximately $772,500, 
assuming a 2-year period for purposes of that analysis. Only 
manufacturers with at least 75 employees are anticipated to perform 
this investment as this is a significant investment for smaller 
manufacturers with fewer employees and lower annual revenues. Likely 
these manufacturers will either purchase the necessary completed 
hardware or license a patented solution from a larger firm.
    However, as noted, the actual impact may be less, due in part to 
the enforcement of Canada's regulations beginning in May 2022. 
Companies that sell in both Canada and the U.S. have already redesigned 
their custom offerings to be compliant with the Canadian regulations, 
which are substantially similar to the final rule, so already have 
stock of compliant product designed and ready to sell through small 
dealers and interior designers.
    Manufacturers would likely incur some additional costs to certify 
that their window coverings meet the requirements of the final 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 has 
already developed a certification program for window covering products 
titled ``Best for Kids,'' which includes third party testing of 
products for accessible cords. CPSC staff assesses this certification 
would meet the requirements as outlined in section 14 of the CPSA. 
Based on price quotes from testing laboratory services for consumer 
products, the cost of the certification testing will range from $290 to 
$540 per window covering model. 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 final rule.
    Depending on the type of window covering, a reasonable testing 
program for general-use window coverings could entail a simple visual 
inspection of products by the manufacturer. Therefore, the cost of a 
reasonable testing program for compliance of general use window 
coverings with the final rule is likely much lower than the cost of 
conducting a third-party certification test of each product, as 
required for children's products.

H. Impact on Small Manufacturers

    To comply with the final rule, small manufacturers are expected to 
incur redesign and incremental component costs for some product lines 
which currently are not available in inaccessible cord variants. CPSC 
does not expect small manufacturers to suffer a disproportionate cost 
effect from the final rule as the cost calculations and research were 
completed on a per unit basis, and CPSC expects little if any direct 
redesign costs for small manufacturers. CPSC staff estimates that small 
manufacturers of window coverings are likely to incur, at a minimum, a 
2 percent impact to their custom window covering revenue from the final 
rule. This implies that if custom products account for all of a firm's 
revenue, then the minimum impact of the final rule is 2 percent of 
revenue.
    Generally, staff considers an impact to be potentially significant 
if it exceeds 1 percent of a firm's revenue. As the smallest estimate 
of incremental compliance cost from Panchal (2016) is 2 percent of 
retail price, the final rule could have a significant impact on 
manufacturers of custom window coverings. This effect is dependent on 
the share of annual revenues attributable to custom products. For 
example, if a small firm only manufactures custom cellular shades, then 
staff expects the lowest possible compliance cost of 2 percent of 
retail price. For small importers, 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 at least 50 percent 
of their revenues related to custom window covering products affected 
by the final rule could be significantly impacted. This is due to the 
lowest expected compliance cost equating to 2 percent of retail price, 
which at a 50 percent custom product share would equate to a 1 percent 
minimum impact on annual revenues. CPSC expects the final rule to have 
a significant effect on a substantial number of small firms.

I. Federal Rules Which May Duplicate, Overlap, or Conflict With the 
Final Rule

    CPSC staff has not identified any other Federal rules that 
duplicate, overlap, or conflict with the final rule.

J. Alternatives for Reducing the Adverse Impact on Small Entities

    A FRFA should contain ``a description of the steps the agency has 
taken to minimize the significant economic impact on small entities 
consistent with the stated objectives of applicable statutes, including 
a statement of the factual, policy, and legal reasons for selecting the 
alternative adopted in the final rule and why each one of the other 
significant alternatives to the rule considered by the agency which 
affect the impact on small entities was rejected.'' 5 U.S.C. 604. The 
Commission considered several alternatives to the final rule that could 
reduce the impact on small entities.

[[Page 73187]]

Alternatives considered are discussed in section V.B 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 final rule to establish a safety 
standard for operating cords on custom window coverings 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 final 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 final 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 who's 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. The final rule amends 
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.

                                   Table 9--Estimated Annual Reporting Burden
----------------------------------------------------------------------------------------------------------------
                                                                                 Length of
                        Burden type                           Total annual        response       Annual burden
                                                                reponses          (hours)           (hours)
----------------------------------------------------------------------------------------------------------------
Third-party recordkeeping, certification..................           24,850              1.0             24,850
----------------------------------------------------------------------------------------------------------------

    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, 24,850 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 24,850 hours (1.0 
x 24,850).
    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 $40.90 (March 2022, 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 $1,016,365 
annually (24,850 hours x $40.90 per hour).

[[Page 73188]]

    Cost to the Federal Government. The estimated annual cost of the 
information collection requirements to the Federal Government is 
approximately $4,254, 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 2022) is $48.78 (GS-12, step 
5). This represents 68.8 percent of total compensation (U.S. Bureau of 
Labor Statistics, ``Employer Costs for Employee Compensation,'' March 
2022, percentage of wages and salaries for all civilian management, 
professional, and related employees: https://www.bls.gov/ncs/ect/. 
Adding an additional 31.2 percent for benefits brings average annual 
compensation for a mid-level salaried GS-12 employee to $70.90 per 
hour. Assuming that approximately 60 hours will be required annually, 
this results in an annual cost of $4,254 ($70.90 per hour x 60 hours = 
$ 4,254.07).
    CPSC did not receive any comments on the burden estimate provided 
in the NPR (87 FR 1048-49). CPSC has submitted the information 
collection requirements of this final rule to OMB for review in 
accordance with PRA requirements. 44 U.S.C. 3507(d).

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 final 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 the 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, absent exemption, the final rule for operating cords on 
custom window coverings preempts 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:
     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 estimates that approximately 0.1 percent of custom window 
coverings are specifically designed for children, and based on the 
factors listed above, fall within the definition of a ``children's 
product.'' This final rule requires 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) \44\ 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).
---------------------------------------------------------------------------

    \44\ The CPSA defines a ``manufacturer'' as ``any person who 
manufactures or imports a consumer product.'' 15 U.S.C. 2052(a)(11).
---------------------------------------------------------------------------

    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 final rule is a 
children's product safety rule, as applied to those products. 
Accordingly, this final rule also includes a final 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 final rule for 
operating cords on custom window coverings, the Commission also amends 
part 1112 to add the ``Safety Standard for Operating Cords on Custom 
Window Coverings'' to

[[Page 73189]]

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. The NPR proposed an effective date of 180 
days after publication of the final rule in the Federal Register. The 
Commission received over 400 comments on the proposed effective date. 
Consumer organizations stated that a mandatory standard should be 
issued as soon as possible, and one supplier of cordless lifting 
systems (Safe T Shade) stated that 180-day lead time is more than 
sufficient for industry implementation. Other commenters, however, 
requested that the Commission lengthen the effective date to allow for 
product development, training, and marketing of new designs to meet the 
requirements of the final rule. Some estimated lengthy delays in 
obtaining equipment and materials, but failed to provide specific 
justifications. Even the most detailed comments were unpersuasive. For 
example, two international firms with large Canadian operations (Hunter 
Douglas and Blinds To Go) failed to address the significance of the 
similar Canadian standard, while another comment identified the filer 
inconsistently as Springs Window Furnishings, Springs Window Fashions, 
or Spring Window Fashions, creating doubt whether the drafters were 
familiar with the company's operations.
    The Commission considered staff's analysis of the effective date 
and information supplied by commenters, but does not agree that most 
custom window covering manufacturers require more than 180 days after 
publication of the final rule to come into compliance, and does not 
find good cause within the public interest to extend this effective 
date beyond 180 days. The basis for the Commission's decision to set 
the effective date at the 180-day upper bound set forth in section 
9(g)(1) of the CPSA, is provided in Tabs C and F of Staff's Final Rule 
Briefing Package, and in sections II.E.4 and III.G.6 of this preamble.

XII. Incorporation by Reference

    The Commission incorporates by reference certain provisions of 
ANSI/WCMA A100.1--2018, American National Standard for Safety of Corded 
Window Covering Products. The Office of the Federal Register (OFR) has 
regulations concerning incorporation by reference. 1 CFR part 51. The 
OFR revised these regulations to require that, for a final rule, 
agencies must discuss in the preamble the ways that the materials the 
agency incorporates 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 final rule must summarize 
the material. 1 CFR 51.5(a).
    Sections I.B.2(d), II, IV, and Tables 3 and 7 of this preamble 
summarize of the requirements in ANSI/WCMA A100.1--2018, which is 
incorporated by reference. ANSI/WCMA A100.1--2018 is copyrighted. The 
public 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, 
Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 
East West Highway, Bethesda, MD 20814; telephone: 301-504-7479; email: 
cpsc.gov">cpsc-os@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 (https://wcmanet.com), or contacting the Window Covering 
Manufacturers Association, Inc., 355 Lexington Avenue, New York, New 
York 10017; telephone: 212.297.2122.

XIII. Commission Findings

    The CPSA requires the Commission to make certain findings when 
issuing a consumer product safety standard. These findings are 
contained in the regulatory text.

XIV. Congressional Review Act

    The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that, 
before a rule may take effect, the agency issuing the rule must submit 
the rule, and certain related information, to each House of Congress 
and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must 
indicate whether the rule is a ``major rule.'' The CRA states that the 
Office of Information and Regulatory Affairs (``OIRA'') determines 
whether a rule qualifies as a ``major rule.'' Pursuant to the CRA, OIRA 
designated this rule as a ``major rule,'' as defined in 5 U.S.C. 
804(2). To comply with the CRA, CPSC will submit the required 
information to each House of Congress and the Comptroller General.

List of Subjects

16 CFR Part 1112

    Administrative practice and procedure, Audit, Consumer protection, 
Reporting and recordkeeping requirements, Third-party conformity 
assessment body.

16 CFR Part 1260

    Administrative practice and procedure, Consumer protection, Cords, 
Imports, Incorporation by reference, Infants and children, Window 
coverings.

    For the reasons discussed in the preamble, the Commission amends 
chapter II, 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.

[[Page 73190]]

1260.1 Scope and definitions.
1260.2 Requirements.
1260.3 Prohibited stockpiling.
1260.4 Findings.
1260.5 Standards incorporated by reference.
1260.6 Severability.

    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. The effective date of this 
part is May 30, 2023.
    (b) The consumer product safety standard in this part 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) 
has the same meaning as defined in section 3, definition 5.01, of ANSI/
WCMA A100.1--2018, as any window covering that is not classified as a 
stock window covering.
    (2) Stock window covering (stock blinds, shades, and shadings) has 
the same meaning as defined in section 3, definition 5.02, of ANSI/WCMA 
A100.1--2018, as a window covering that is completely or substantially 
fabricated prior to being distributed in commerce and is a specific 
stock-keeping unit (SKU). Even when the seller, manufacturer, or 
distributor modifies a pre-assembled product by adjusting to size, 
attaching the top rail or bottom rail, or tying cords to secure the 
bottom rail, the product is still considered stock. Online sales of the 
product or the size of the order such as multi-family housing do not 
make the product a non-stock product. These examples are provided in 
ANSI/WCMA A100.1--2018 to clarify that as long as the product is 
``substantially fabricated'' prior to distribution in commerce, 
subsequent changes to the product do not change its categorization.
    (3) Operating cord has the same meaning as defined in section 3, 
definition 2.19, of ANSI/WCMA A100.1--2018, as the portion of the cord 
that the user manipulates directly during operation (including lifting, 
lowering, tilting, rotating, and traversing).
    (4) Cord shroud has the same meaning as defined in section 3, 
definition 2.09, of ANSI/WCMA A100.1--2018, as a device or material 
added to limit the accessibility of a cord or formation of a hazardous 
loop.
    (5) Cord retraction device has the same meaning as defined in 
section 3, definition 2.08, of ANSI/WCMA A100.1--2018, as a passive 
device which winds and gathers cords when tension is no longer applied 
by the user.
    (6) Rigid cord shroud is a cord shroud that is constructed of 
inflexible material, rendering the cord inaccessible as defined in 
Appendix C of ANSI/WCMA A100.1--2018, to prevent a child from accessing 
a window covering cord.
    (7) Retractable cord is a cord that extends when pulled by a user, 
and fully retracts when the user releases the cord, rendering the cord 
inaccessible as defined in Appendix C of ANSI/WCMA A100.1--2018.
    (8) Loop cord and bead chain restraining device is a device, 
integrated to and installed on the window covering, that prevents the 
creation of hazardous loop from an accessible continuous operating 
cord.
    (9) Operating interface is the part of the window covering that the 
user physically touches or grasps by hand or a tool to operate the 
window covering, for example a wand to tilt the slats of the product or 
the bottom rail to raise or lower the product.


Sec.  1260.2  Requirements.

    (a) Requirements for operating cords. Each custom window covering 
shall comply with section 4.3.1 or 4.3.2.5.2, 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 meet the requirements in section 6.3, of ANSI/WCMA 
A100.1--2018 and shall not have an accessible cord when tested for cord 
accessibility using the test methods defined in paragraphs (b)(1) and 
(2) of this section.
    (1) Test methods for rigid cord shrouds: Center load test. (i) 
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 to this paragraph 
(b)(1)(i).

Figure 1 to Paragraph (b)(1)(i)--Rigid Cord Shroud Test Set-Up
[GRAPHIC] [TIFF OMITTED] TR28NO22.018

    (ii) Apply a 5-pound force at the center of the rigid cord shroud 
for at least 5 seconds as shown in figure 2 to this paragraph 
(b)(1)(ii).

Figure 2 to Paragraph (b)(1)(ii)--Rigid Cord Shroud Center Load Test 
and Deflection Measurement
[GRAPHIC] [TIFF OMITTED] TR28NO22.019


[[Page 73191]]


    (iii) Measure the maximum deflection of the shroud, while the 5-
pound force is applied.
    (iv) For rigid cord shrouds that are <=19 inches, the deflection 
shall not exceed 1 inch. For every additional 19 inches in shroud 
length, the shroud can deflect an additional inch. See figure 2 to 
paragraph (b)(1)(ii) of this section.
    (v) While continuing to apply the 5-pound force, determine if the 
cord(s) can be contacted by the cord shroud accessibility test probe 
shown in figure 3 to this paragraph (b)(1)(v). If the cord shroud 
accessibility test probe can touch any cord, the cord(s) are considered 
accessible.

Figure 3 to Paragraph (b)(1)(v)--Cord Shroud Accessibility Test Probe
[GRAPHIC] [TIFF OMITTED] TR28NO22.020

    (2) Test methods for rigid cord shrouds: Axial torque test. (i) 
Mount one end of the rigid cord shroud and restrict the rotation along 
the axial direction.
    (ii) Apply a 4.4 in-lb. (0.5Nm) torque along the other end of the 
rigid cord shroud for 5 seconds.
    (iii) While continuing to apply the torque, determine if the 
cord(s) can be contacted by the cord shroud accessibility test probe 
shown in figure 3 to paragraph (b)(1)(v) of this section. If the cord 
shroud accessibility test probe can touch any cord, the cord(s) are 
considered accessible.
    (c) Requirements for cord retraction devices. If a custom window 
covering complies with paragraph (a) of this section using a cord 
retraction device, the cord retraction device shall meet the 
requirements in paragraphs (c)(1) through (4) of this section.
    (1) When a 30 grams mass is applied to the operating interface, the 
cord retraction device shall maintain full retraction of the 
retractable cord such that the retractable cord is not accessible per 
Appendix C of ANSI/WCMA A100.1--2018.
    (2) The maximum stroke length for a cord retraction device is 12 
inches measured from the bottom of the headrail.
    (3) The operating interface for cord retraction devices may not be 
a cord of any length including a short static or access cord. It may be 
a ring and pole, a wand or any other design that cannot bend on itself, 
eliminating the potential of creating a hazardous loop.
    (4) The cord retraction device shall have a service life of at 
least 5,000 cycles after exposed portions or components have been 
subjected to 500 hours of ultraviolet (UV) exposure per American 
Association of Textile Chemists and Colorists (AATCC) Test Method 16-
2004, Option 3 of ANSI/WCMA A100.1--2018.
    (d) Requirements for loop cord and bead chain restraining devices. 
If a custom window covering complies with paragraph (a) of this section 
using a loop cord and bead chain restraining device, the loop cord and 
bead chain restraining device shall meet the requirements in section 
6.5, of ANSI/WCMA A100.1--2018 with an additional test as defined in 
paragraph (d)(l) of this section, and shall not form a hazardous loop 
when tested for a hazardous loop using the test methods defined in 
paragraphs (d)(2) and (3) of this section.
    (1) Test methods for loop cord and bead chain restraining device: 
UV stability and operational cycle test. One sample loop cord and bead 
chain restraining device shall be tested to section 6.5.2.2, UV 
Stability, of ANSI/WCMA A100.1--2018, followed by section 6.5.2.1, 
Operational Cycle Test, of ANSI/WCMA A100.1--2018.
    (2) Test methods for loop cord and bead chain restraining device: 
Center load test. (i) Support each end of the loop cord and bead chain 
restraining device, 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 4 to this paragraph (d)(2)(i).

Figure 4 to Paragraph (d)(2)(i)--Cord and Bead Chain Restraining Device 
Test Set-Up
[GRAPHIC] [TIFF OMITTED] TR28NO22.021

    (ii) Apply a 5-pound force at the center of the cord and bead chain 
restraining device for at least 5 seconds as shown in figure 5 to this 
paragraph (d)(2)(ii).

Figure 5 to Paragraph (d)(2)(ii)--Loop Cord and Bead Chain Restraining 
Device Center Load Test and Deflection Measurement

[[Page 73192]]

[GRAPHIC] [TIFF OMITTED] TR28NO22.022

    (iii) Measure the maximum deflection of the cord and bead chain 
restraining device, while the 5-pound force is applied.
    (iv) For cord and bead chain restraining device that are <=19 
inches, the deflection shall not exceed 1 inch. For every additional 19 
inches in shroud length, the shroud can deflect an additional inch. See 
figure 5 to paragraph (d)(2)(ii) of this section.
    (v) While continuing to apply the 5-pound force, determine if the 
cord(s) create an opening between the cord and the restraining device. 
If the hazardous loop head probe (Figure D1 of ANSI/WCMA A1001-2018) 
can pass through the opening, the opening is considered a hazardous 
loop.
    (3) Test methods for cord and bead chain restraining devices: Axial 
torque test. (i) Mount one end of the cord and bead chain restraining 
device and restrict the rotation along the axial direction.
    (ii) Apply a 4.4 in-lb. (0.5 Nm) torque along the other end of the 
cord and bead chain restraining device for 5 seconds. While continuing 
to apply the torque, determine if the cord(s) if the cord(s) create an 
opening between the cord and the restraining device. If the hazardous 
loop head probe (Figure D1 of ANSI/WCMA A1001--2018) can pass through 
the opening, the opening is considered a hazardous loop.


Sec.  1260.3  Prohibited stockpiling.

    (a) Prohibited acts. Manufacturers and importers of custom window 
coverings shall not manufacture or import custom window coverings that 
do not comply with the requirements of this part in any 180-day period 
between November 28, 2022, and May 30, 2023, 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.
    (b) Base period. The base period for custom window coverings is any 
period of 180 consecutive dates, chosen by the manufacturer or 
importer, in the 5-year period immediately preceding November 28, 2022.


Sec.  1260.4  Findings.

    (a) General. Section 9(f) of the Consumer Product Safety Act (15 
U.S.C. 2058(f)) requires the Commission to make findings concerning the 
following topics and to include the findings in the rule.
    Note 1 to paragraph (a): Because the findings are required to be 
published in the rule, they reflect the information that was available 
to the Consumer Product Safety Commission (Commission, CPSC) when the 
standard was issued on November 28, 2022.
    (b) Degree and nature of the risk of injury. (1) Operating cords on 
custom window coverings present an unreasonable risk of strangulation, 
including death and serious injury, to children 8 years old and 
younger. If children can access a window covering cord that is longer 
than 8 inches, 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.
    (2) 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 
young children may be 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 eliminate or reduce the hazard. Children can 
wrap the cord around their neck, insert their head into a cord loop and 
get injured or die silently in a few minutes in any room, with or 
without supervision.
    (3) Safety devices such as cord cleats and tension devices are 
unlikely to be effective to eliminate or substantially reduce the 
hazard. Cord cleats, for example, 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 (and may not be permitted in rental 
homes); even if properly installed, 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.
    (4) 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 consumers are less likely 
to look for and read safety information about the products that they 
use frequently and are familiar with. Many of the children at risk of 
strangulation, those 8 years old and younger, cannot read or appreciate 
warning labels. Most of the window covering units involved in 
strangulation incidents 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.
    (5) Every custom product sold with an accessible operating cord 
presents a hidden hazard to young children and can remain a hazard in 
the household for one to two decades or longer. Some consumers may 
believe that because they do not currently have young children living 
with them or visiting them, accessible operating cords on window 
coverings are not a safety hazard. However, window coverings last a 
long time, family circumstances change, 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.
    (6) Window coverings that comply with the operating cord 
requirements for stock window covering requirements in section 4.3.1 of 
ANSI/WCMA A100.1--2018 (incorporated by reference, see Sec.  1260.5) 
adequately address the strangulation hazard, by not allowing hazardous 
cords on the product by design, and therefore do not rely on consumer 
action. CPSC finds that all of the operating cord incidents it 
identified as involving custom window coverings likely would have been 
prevented if the requirements in section 4.3.1 of ANSI/WCMA A100.1--
2018 were in effect and covered the incident products.
    (7) CPSC databases contain incident data showing a total of 209 
reported fatal and nonfatal strangulations on window coverings among 
children eight years and younger, from January 2009

[[Page 73193]]

through December 2021. Nearly 48 percent of the reported incidents were 
fatal (100 of 209). Sixteen of the surviving 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 remained hospitalized for 72 days, was 
released with 75 percent permanent brain damage, and is confined to a 
bed.
    (8) Based on CPSC's Injury Cost Model, approximately 7.6 medically 
treated nonfatal injuries to children 8 years and younger occurred 
annually in the United States from 2009 through 2021. Based on National 
Center for Health Statistics (NCHS) data and a separate study of child 
strangulations, a minimum of approximately 6.8 fatal strangulations 
related to window covering operating cords (excluding inner cords and 
lifting loops) occurred per year in the United States among children 
under eight years old from 2009-2020.
    (c) Number of consumer products subject to the rule. Approximately 
145 million corded custom window coverings were in use in the United 
States in 2020. About 25 million custom window coverings were shipped 
in the U.S. in 2020, and about 15.9 million of these were corded custom 
window coverings.
    (d) The public need for custom window coverings and the effects of 
the rule on their utility, cost, and availability. (1) Consumers 
commonly use window coverings in their homes to control light coming in 
through windows, for privacy, and for decoration. The window covering 
market is divided into stock and custom products. The final rule 
addresses hazards associated with custom window coverings, which 
present the same risk of strangulation as stock window coverings, but 
custom window coverings allow consumers to choose from a wider variety 
of materials, colors, operating systems, or sizes, than stock products.
    (2) The Commission does not expect the final 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. The 
Commission considered whether some consumers, such as the elderly and 
disabled, or those with windows in hard-to-reach locations, would 
experience a loss of utility from the removal of accessible operating 
cords from custom window coverings. The final rule mitigates any 
potential loss in utility by including several methods to make 
operating cords safer while still providing ease of use, including 
rigid cord shrouds, retractable cords, and loop cord and bead 
restraining devices, to assist consumers to raise and lower custom 
window coverings. Additionally, consumers can choose to use a remote-
controlled operating system, or other tools, such as a pole, to operate 
the window covering.
    (3) 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. Custom window covering prices may increase to reflect 
the added cost of modifying or redesigning products to comply with the 
final 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.
    (4) Although prices of stock window coverings have increased since 
ANSI/WCMA A100.1--2018 went into effect in 2018, sales of stock 
products remain consistent. For custom products, which have higher 
prices on average, consumers very well may be willing to pay more for a 
safer window covering without affecting sales, similar to stock window 
coverings. The regulatory analysis in the final rule states that the 
estimated net cost increase per household to replace all custom window 
products in a home to be as low as $24 for less expensive products, 
representing only a 5% increase in cost. Such cost increase is nominal 
to prevent the hidden strangulation hazard to children on window 
coverings for the 10 years custom window coverings are likely to be 
used.
    (e) Other means to achieve the objective of the rule, while 
minimizing adverse effects on competition and manufacturing. (1) The 
Commission considered alternatives to achieving the rule's objective of 
reducing the unreasonable risks to children 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. This is 
the approach CPSC has relied on to date, and it would have minimal 
costs; however, it is unlikely to further reduce the risk of injury 
from operating cords on custom window coverings.
    (2) Similarly, the Commission 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 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 3 of the 36 
custom product incidents (all 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.
    (3) Other alternatives the Commission considered include: adopting 
the Canadian standard for window covering cords, which would increase 
the costs to comply with the rule with no additional benefits, and 
adopting a draft revised version of the voluntary standard, which the 
Commission staff has determined is inadequate to address the risk of 
injury because the revised standard would still allow accessible cords 
to remain available for sale to consumers.
    (4) The Commission also considered setting a later effective date. 
Based on the record before the Commission, including the severity of 
the strangulation hazard to children, the advanced state of compliance 
with similar requirements for stock window coverings in the United 
States and for stock and custom window coverings in Canada, and the 
long pendency of this proceeding, the final rule provides an effective 
date that is 180 days after publication of the final rule, as proposed.
    (f) Unreasonable risk. (1) Based on CPSC's Injury Cost Model, about 
185 medically treated nonfatal injuries are predicted to have occurred 
annually from 2009 through 2020, involving children eight years and 
younger. Based on a review of National Center for Health Statistics 
(NCHS data) and a separate study of child strangulations, a minimum of 
8.1 fatal strangulations related to window covering cords occurred per 
year in the United States among children under five years old from 
2009-2020. Based on reviews of CPSC databases, we found reports of a 
total of 209 reported fatal and nonfatal strangulations on window 
coverings among children eight years and younger, from January 2009 
through December 2021. Nearly 48 percent were

[[Page 73194]]

fatal incident reports (100 of 209), while the remaining were near-miss 
nonfatal incidents.
    (2) The Commission estimates that the rule would result in 
aggregate benefits of about $31.6 million annually due to a reduction 
in deaths and injuries caused by custom window coverings. Of the 
potential modifications for which staff was able to estimate the 
potential cost, the lowest costs were about $2.18 per unit, although 
costs for some units are likely $0. 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.
    (3) 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 final 
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.
    (4) ANSI/WCMA-2018 eliminated the strangulation hazard on stock 
window coverings, which did not negatively impact sales of stock 
products; sales increased and cordless technologies became well-
developed. The final rule will extend the requirements for stock 
products to custom window coverings. The Commission expects that the 
custom window covering market will absorb this cost, just as seen in 
the stock window covering market. This fact is also observed in the 
Canadian window covering market after Canada implemented a rule that 
eliminates hazardous cords on all window covering products. Staff 
identified no evidence from the Canadian market of a significant 
reduction in consumer choice as a result of their rule. Rather, the 
Canadian market has reacted with cost-effective substitutes and 
redesigned products.
    (5) Weighing the possibility of increased costs for custom window 
coverings with the continuing deaths and injuries to young children, 
the Commission concludes that custom window coverings with hazardous 
operating cords pose an unreasonable risk of injury and death and finds 
that the final rule is reasonably necessary to reduce that unreasonable 
risk of injury and death.
    (6) The Commission also finds that an effective date of 180 days 
after publication is reasonably necessary to address the unreasonable 
risk of strangulation from operating cords on custom window coverings. 
Section 9(g)(1) of the CPSA (15 U.S.C. 2058(g)(1)) sets a presumptive 
maximum effective date of 180 days after publication of the rule. To 
extend this period, the Commission must find good cause that doing so 
is within the public interest. When balancing the risk of severe harm 
and death to young children over the entire service life of 
noncompliant window coverings, against the possibility that some styles 
of custom window coverings may be less available during a transition 
period and stock products or other custom styles might need to be used 
instead, the Commission finds that the public interest is better served 
by protecting the safety of children and families.
    (g) Public interest. The final rule is intended to address an 
unreasonable risk of injury and death posed by hazardous operating 
cords on custom window coverings. Adherence to the requirements of the 
final rule will significantly reduce or eliminate a hidden hazard, 
strangulation deaths and injuries to children 8 years old and younger, 
without major disruption to industry or consumers; thus, the Commission 
finds that promulgation of the rule is in the public interest.
    (h) Voluntary standards. The Commission is aware of one national 
voluntary standard, ANSI/WCMA A100.1--2018, as well as 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 A100.1--2018 contains 
adequate performance requirements to address the risk of strangulation 
on 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 finds that custom window 
coverings substantially comply with the voluntary standard. However, 
the Commission finds that operating cord requirements for custom window 
coverings in ANSI/WCMA A100.1--2018 are inadequate to address the risk 
of injury, because the voluntary standard allows accessible and 
hazardous operating cords to be present on custom products. Thus, the 
Commission finds that compliance with an existing voluntary standard is 
not likely to result in the elimination or adequate reduction of the 
risk of injury presented by custom window coverings.
    (i) Relationship of benefits to costs. (1) The aggregate benefits 
of the rule are conservatively estimated to be about $23 million 
annually with the base value of statistical life (VSL); and the lowest 
cost of the rule is estimated to be about $54.4 million annually. 
Recent studies suggest 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 (Industrial 
Economics, Incorporated (IEc), 2018). ``Memorandum to CPSC: Valuing 
Reductions in Fatal Risks to Children.'' Cambridge, MA (available at: 
https://www.cpsc.gov/s3fs-public/VSL_Children_Report_FINAL_20180103.pdf). The Commission received 
positive comment on increasing the VSL for children by a factor of 3. 
Staff provided a sensitivity analysis for the final rule demonstrating 
how the ratio of costs and benefits change based on several variables, 
including a higher VSL for children. When staff increased the VSL by a 
factor of 3 for children (value of $31.5 million), the benefits of the 
rule exceed costs by approximately $14.3 million.
    (2) Staff's benefits and costs analysis also highlights 
unquantified benefits regarding the emotional distress of caregivers 
that could also be reduced by the final rule. This benefit is not 
directly accounted for in the primary VSL estimate of $10.5 million. 
The value of the shock or perceived guilt related to a caregiver's 
inattentiveness could be significant, as it could result in large 
reductions to physical wellbeing or income loss.
    (3) To determine how the final rule impacts consumers, staff 
converted costs and benefits of the rule into a calculated net cost per 
household, based on the data point that the average detached, single-
family household has 12 window coverings. This analysis translates into 
a net cost of the final rule of $1.97 for metal or vinyl horizontal 
blinds. Using the assumption of 12 window coverings per household, this 
equates to a net cost of the rule (above the benefits provided) of 
$23.67 per household every time a household updates their custom window 
coverings, about once every 10 years. For metal or vinyl horizontal 
blinds, $23.67 is slightly more than 5 percent of the total cost of 
$448.32 that a household would

[[Page 73195]]

spend to update their window coverings.
    (4) We note that economies of scale associated with the voluntary 
standard for stock product operating cords, and the Canadian standard, 
may have reduced costs associated with cordless components since 
Commission staff developed the bases for their cost estimates as early 
as 2016. Additionally, custom window coverings have a longer product 
life, which increases the benefit of improving safety beyond the levels 
Commission staff determined for both stock and customer window 
coverings.
    (5) Based on this analysis, the Commission finds that the benefits 
expected from the rule bear a reasonable relationship to the 
anticipated costs of the rule.
    (j) Least burdensome requirement that would adequately reduce the 
risk of injury. (1) The Commission considered less-burdensome 
alternatives to the final rule, detailed in paragraph (e) of this 
section, but finds that none of these alternatives would adequately 
reduce the risk of injury.
    (2) 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.
    (3) The Commission considered issuing a standard that applies only 
to certain types of window coverings 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 8.3 percent of the incidents involved vertical blinds and 22.2 
percent involved faux wood/wood blinds. The Commission considered 
adopting the Canadian standard for window covering cords, which would 
increase the costs to comply with the rule with no additional benefits 
and/or providing a longer effective date. And the Commission considered 
adopting a 2022 draft revision of the voluntary standard but finds the 
requirements in the standard inadequate to address the risk of injury.


Sec.  1260.5  Standards incorporated by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for 
inspection at the U.S. Consumer Product Safety Commission (CPSC) and at 
the National Archives and Records Administration (NARA). Contact CPSC 
at: Office of the Secretary, U.S. Consumer Product Safety Commission, 
4330 East West Highway, Bethesda, MD 20814, telephone (301) 504-7479, 
email: cpsc.gov">cpsc-os@cpsc.gov. 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. The material 
may be obtained from the source(s) listed in the following paragraphs 
of this section.
    (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, 1260.2, and 1260.4.
    (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]


Sec.  1260.6  Severability.

    The provisions of this part are separate and severable from one 
another. If any provision is stayed or determined to be invalid, it is 
the Commission's intention that the remaining provisions shall continue 
in effect.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-25041 Filed 11-25-22; 8:45 am]
BILLING CODE 6355-01-P