80_FR_29654 80 FR 29555 - Safety Standard for Architectural Glazing Materials

80 FR 29555 - Safety Standard for Architectural Glazing Materials

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 80, Issue 99 (May 22, 2015)

Page Range29555-29562
FR Document2015-12438

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

Federal Register, Volume 80 Issue 99 (Friday, May 22, 2015)
[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Proposed Rules]
[Pages 29555-29562]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12438]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1201

[CPSC Docket No. CPSC-2012-0049]


Safety Standard for Architectural Glazing Materials

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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

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

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

[[Page 29556]]

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

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

SUPPLEMENTARY INFORMATION: 

I. Background

A. Safety Standard for Architectural Glazing Materials

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

B. Petition Request

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

[[Page 29557]]

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

C. Statutory Authority

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

[[Page 29558]]

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

II. The Proposed Amendment

A. No Change in Scope

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

B. Test Procedures for Glazing Materials

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

[[Page 29559]]

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

III. Injury Information

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

[[Page 29560]]

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

IV. Impact on Consumer Safety

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

V. Burdens on Industry Generally

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

VI. Regulatory Flexibility Act Analysis

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

Small Entities to Which the Proposed Rule Would Apply

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

[[Page 29561]]

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

VII. Environmental Considerations

    Generally, the Commission's regulations are considered to have 
little or no potential for affecting the human environment, and 
environmental assessments and impact statements are not usually 
required. See 16 CFR 1021.5(a). The proposed rule is not expected to 
have an adverse impact on the environment and is considered to fall 
within the ``categorical exclusion'' for the purposes of the National 
Environmental Policy Act. 16 CFR 1021.5(c). However, the proposed rule 
will decrease the number of samples that most manufacturers are 
required to test, and will likely lead to a small, beneficial effect on 
the environment because waste produced by the manufacture of excess 
samples, and the transport of those samples, will be reduced.

VIII. Paperwork Reduction Act

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

IX. Executive Order 12988 (Preemption)

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a 
consumer product safety standard under this Act is in effect and 
applies to a risk of injury associated with a consumer product, no 
state or political subdivision of a state may either establish or 
continue in effect any provision of a safety standard or regulation 
which prescribes any requirements as to the performance, composition, 
contents, design, finish, construction, packaging, or labeling of such 
product, which are designed to deal with the same risk of injury 
associated with such consumer product, unless such requirements are 
identical to the requirements of the federal standard. Section 9(h) of 
the CPSA provides that the Commission may by rule amend any consumer 
product safety rule. Therefore, the preemption provision of section 
26(a) of the CPSA would apply to any rule issued under section 9(h).

X. Effective Date

    The APA generally requires that the effective date of a rule be at 
least 30 days after publication of a final rule. 5 U.S.C. 553(d). 
Accordingly, if a final rule is issued, the amendment will go into 
effect 30 days after publication of a final rule.

XI. Incorporation by Reference

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

XII. Request for Comments

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

List of Subjects in 16 CFR Part 1201

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

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

PART 1201--SAFETY STANDARD FOR ARCHITECTURAL GLAZING MATERIALS

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

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

[[Page 29562]]

Sec.  1201.4  [Amended]

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

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

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



                                                                                 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules                                                 29555

                                                      ITAR and the EAR are an example of                      this requirement to mixed authorization               comments accompanied by a request
                                                      requirements that may for certain                       and mixed jurisdiction shipments.                     that a part or all of the material be
                                                      provisions be harmonized to reduce the                     D. Require AES filing for exports to               treated confidentially because of its
                                                      burden on exporters, improve                            Canada for items controlled for NS, MT,               business proprietary nature or for any
                                                      compliance with the export clearance                    NP and CB. BIS seeks comments on the                  other reason. BIS will return such
                                                      requirements, and ensure the export                     potential impact and feasibility of                   comments and materials to the persons
                                                      clearance requirements are achieving                    changing section 758.1 under paragraph                submitting the comments and will not
                                                      their intended purpose for use under the                (b) to require EEI filing in the AES for              consider them. All public comments in
                                                      U.S. export control system, specifically                all exports to Canada of items controlled             response to this ANPR must be in
                                                      under the transactions ‘‘subject to the                 for National Security (NS), Missile                   writing and will be a matter of public
                                                      ITAR’’ and ‘‘subject to the EAR.’’                      Technology (MT), Nuclear                              record, and will be available for public
                                                      Request for Comments on Additional                      Nonproliferation (NP), and Chemical &                 inspection and copying on the BIS
                                                      Improvement and Harmonization of                        Biological Weapons (CB) reasons,                      Freedom of Information Act (FOIA)
                                                      Export Clearance Provisions                             regardless of license requirements                    Reading Room at http://
                                                                                                              (meaning regardless of whether the                    efoia.bis.doc.gov/index.php/electronic-
                                                         BIS is considering further revisions to              export was authorized under a license,                foia/index-of-documents.
                                                      part 758 of the EAR as part of                          license exception, or designated as no
                                                      Commerce’s retrospective regulatory                                                                             Dated: May 13, 2015.
                                                                                                              license required). Because of the AES                 Kevin J. Wolf,
                                                      review and ongoing harmonization                        filing exemption for non-licensed items
                                                      efforts being undertaken by Commerce                                                                          Assistant Secretary of Commerce for Export
                                                                                                              to Canada, BIS currently has little                   Administration.
                                                      and State as part of ECR                                visibility into the movement of these
                                                      implementation. As part of this review                  items into Canada, except for exports to
                                                                                                                                                                    [FR Doc. 2015–12296 Filed 5–21–15; 8:45 am]
                                                      effort for how part 758 can be improved                 Canada that involve a licensed item (see              BILLING CODE 3510–33–P
                                                      to make these provisions more effective                 paragraph (b)(2) of section 758.1), a
                                                      and to assist BIS in developing                         9x515 or ‘‘600 series’’ item (see
                                                      regulatory changes to improve these                     paragraph (b)(3) of section 758.1) or are             CONSUMER PRODUCT SAFETY
                                                      provisions of the EAR, BIS requests                     to be transhipped to a third country (see             COMMISSION
                                                      comments on these potential future                      paragraph (b)(6) of section 758.1) which
                                                      changes described under paragraphs (A)                                                                        16 CFR Part 1201
                                                                                                              do require EEI filing in the AES.
                                                      through (E). Export control documents                   Therefore, BIS is seeking information                 [CPSC Docket No. CPSC–2012–0049]
                                                      in paragraphs (A) through (C) include                   that would help us determine:
                                                      the commercial invoice and contractual                                                                        Safety Standard for Architectural
                                                      documentation.                                          —The volume of trade that would be
                                                                                                                 impacted by this filing requirement;               Glazing Materials
                                                         A. Require ECCNs on export control
                                                      documents. The ECCN for all 9x515 and                   —if this filing requirement would be                  AGENCY: Consumer Product Safety
                                                      ‘‘600 series’’ items is currently required                 beneficial and practical or detrimental            Commission.
                                                      to be identified on the export control                     and burdensome for industry;                       ACTION: Notice of proposed rulemaking.
                                                      documents, along with the destination                   —if this filing requirement would have
                                                      control statement. BIS is considering                      a commercial impact on exporters;                  SUMMARY:   The Consumer Product Safety
                                                      requiring that the ECCN be identified for                  and                                                Commission (‘‘CPSC’’ or ‘‘Commission’’)
                                                      all items on the Commerce Control List.                 —if there are alternative methods to                  is proposing an amendment to the
                                                      This would not include items that are                      collecting or accessing this data.                 Safety Standard for Architectural
                                                      designated EAR99.                                          E. Other suggestions for improving                 Glazing Materials (16 CFR part 1201) to
                                                         B. Require identification of country of              and harmonizing export clearance                      clarify certain test procedures specified
                                                      ultimate destination on export control                  requirements. Any other suggestions for               in the standard. The CPSC proposes to
                                                      documents. BIS is considering requiring                 improving the EAR export clearance                    replace the testing procedures for
                                                      that the country of ultimate destination                requirements, including suggestions                   glazing materials in certain architectural
                                                      be identified on the export control                     where additional harmonization should                 products, set forth in 16 CFR 1201.4,
                                                      documents. This requirement would                       be considered for the export clearance                with the testing procedures contained in
                                                      mirror the requirement in the ITAR and                  requirements under the EAR and ITAR                   the voluntary standard, ANSI Z97.1–
                                                      BIS believes that this would only impact                to ease the regulatory burden on                      2009ε2, American National Standard for
                                                      a small number of exports where                         exporters and make the provisions more                Safety Glazing Materials Used in
                                                      additional actions would be needed by                   effective would be helpful to receive in              Buildings—Safety Performance
                                                      exporters, because in most cases, the                   response to this ANPR. These                          Specifications and Methods of Test.
                                                      export control documents already                        suggestions can apply to any export                   DATES: Written comments must be
                                                      identify the country of ultimate                        clearance provision under part 758 of                 received by July 21, 2015.
                                                      destination.                                            the EAR or any other EAR provisions                   ADDRESSES: You may submit comments,
                                                         C. Require license number or export                  that relate to export clearance                       identified by Docket No. CPSC–2012–
                                                      authorization symbol on export control                  requirements.                                         0049, by any of the following methods:
                                                      documents. BIS is also considering                         Comments should be submitted to BIS                   Electronic Submissions: Submit
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                                                      requiring that the license number or                    as described in the ADDRESSES section of              electronic comments to the Federal
                                                      export authorization symbol be                          this ANPR by July 6, 2015. BIS will                   eRulemaking Portal at: http://
                                                      identified on export control documents.                 consider all comments submitted in                    www.regulations.gov. Follow the
                                                      This proposed revision would require                    response to this ANPR that are received               instructions for submitting comments.
                                                      that the license number, license                        before the close of the comment period.               The Commission does not accept
                                                      exception code, or no license required                  Comments received after the end of the                comments submitted by electronic mail
                                                      designation be entered on the export                    comment period will be considered if                  (email), except through
                                                      control documents. BIS specifically                     possible, but their consideration cannot              www.regulations.gov. The Commission
                                                      requests comments on the application of                 be assured. BIS will not accept public                encourages you to submit electronic


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                                                      29556                      Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules

                                                      comments by using the Federal                           the personal use, consumption or                      informal rulemaking procedures of the
                                                      eRulemaking Portal, as described above.                 enjoyment of consumers in or around a                 Administrative Procedure Act (‘‘APA’’),
                                                        Written Submissions: Submit written                   permanent or temporary household or                   5 U.S.C. 553, before issuing a final rule.
                                                      submissions by mail/hand delivery/                      residence or in recreational, school,                    The Commission subsequently
                                                      courier to: Office of the Secretary,                    public, or other buildings or parts                   revoked portions of the standard that
                                                      Consumer Product Safety Commission,                     thereof. The standard was codified at 16              prescribed requirements for ‘‘glazed
                                                      Room 820, 4330 East West Highway,                       CFR part 1201.                                        panels’’ (45 FR 67383, August 28, 1980);
                                                      Bethesda, MD 20814; telephone (301)                        The standard exempts the following                 an accelerated environmental durability
                                                      504–7923.                                               products, materials, and uses:                        test for plastic glazing materials
                                                        Instructions: All submissions received                   (1) Wired glass used in doors or other             intended for outdoor exposure (45
                                                      must include the agency name and                        assemblies to retard the passage of fire              66002, October 6, 1980); and a modulus
                                                      docket number for this notice. All                      where required by federal, state, local,              of elasticity test, a harness test, and an
                                                      comments received may be posted                         or municipal fire ordinance;                          indoor aging test applicable to plastic
                                                      without change, including any personal                     (2) Louvers of jalousie doors;                     glazing materials (47 FR 27853, June 28,
                                                      identifiers, contact information, or other                 (3) Openings of doors which a 3 inch               1982). 16 CFR 1201.1(d) n.1. Tempered
                                                      personal information provided, to:                      diameter sphere is unable to pass;                    glass, wired glass, and annealed glass
                                                      http://www.regulations.gov. Do not                         (4) Carved glass (as defined in section            are also exempt from the accelerated
                                                      submit confidential business                            1201.2(a)(36)), dalle glass (as defined in            environmental durability tests. 16 CFR
                                                      information, trade secret information, or               § 1201.2(a)(37)), or leaded glass (as                 1201.4(a)(2).
                                                      other sensitive or protected information                defined in section 1201.2(a)(14)), which                 The testing procedures currently set
                                                      that you do not want to be available to                 is used in doors and glazed panels (as                forth in 16 CFR 1201.4 require impact
                                                      the public. If furnished at all, such                   defined in sections 1201.2(a)(7) and                  tests and accelerated environment
                                                      information should be submitted in                      (a)(10)) if the glazing material meets all            durability tests for non-exempted
                                                      writing.                                                of the following criteria:                            materials, which are intended to
                                                        Docket: For access to the docket to                      (i) The coloring, texturing, or other              determine if glazing materials used in
                                                      read background documents or                            design qualities or components of the                 these architectural products meet safety
                                                      comments received, go to: http://                       glazing material cannot be removed                    requirements designed to reduce or
                                                      www.regulations.gov, and insert the                     without destroying the material; and                  eliminate unreasonable risks of death or
                                                                                                                 (ii) The primary purpose of such                   serious injury to consumers when
                                                      docket number CPSC–2012–0049, into
                                                                                                              glazing is decorative or artistic; and                glazing material is broken by human
                                                      the ‘‘Search’’ box, and follow the                         (iii) The glazing material is
                                                      prompts.                                                                                                      contact. The testing procedures further
                                                                                                              conspicuously colored or textured so as               describe the testing equipment and
                                                      FOR FURTHER INFORMATION CONTACT:                        to be plainly visible and plainly                     apparatus required to be used, and the
                                                      Brian Baker, Project Manager, Division                  identifiable as aesthetic or decorative               test result interpretation methodology to
                                                      of Mechanical Engineering, Directorate                  rather than functional (other than for the            be employed in determining if the
                                                      for Laboratory Sciences, Office of                      purpose of admitting or controlling                   glazing materials being tested meet the
                                                      Hazard Identification and Reduction,                    admission of light components or heat                 safety requirements of the standard.
                                                      Consumer Product Safety Commission,                     and cold); and
                                                      5 Research Place, Rockville, MD 20850;                     (iv) The glazing material, or assembly             B. Petition Request
                                                      telephone: 301–987–2289;                                into which it is incorporated, is divided                On June 26, 2012, the Commission
                                                      bbaker@cpsc.gov.                                        into segments by conspicuous and                      received a petition from the Safety
                                                                                                              plainly visible lines.                                Glazing Certification Council (‘‘SGCC’’
                                                      SUPPLEMENTARY INFORMATION:
                                                                                                                 (5) Glazing materials used as curved               or ‘‘petitioner’’), requesting that the
                                                      I. Background                                           glazed panels in revolving doors; and                 Commission initiate rulemaking to
                                                                                                                 (6) Commercial refrigerator cabinet                replace the testing procedures for
                                                      A. Safety Standard for Architectural                                                                          glazing materials in certain architectural
                                                                                                              glazed doors. 16 CFR 1201.1(c).
                                                      Glazing Materials                                          On September 27, 1978, (43 FR                      products, as set forth in 16 CFR 1201.4,
                                                         On January 6, 1977 (42 FR 1427), as                  43704), the Commission amended the                    with the testing procedures contained in
                                                      amended on June 20, 1977 (42 FR                         standard to clarify the definitions,                  the voluntary standard, ANSI Z97.1–
                                                      31164), the Commission issued the                       description of test apparatus, and test               2009ε2, American National Standard for
                                                      Safety Standard for Architectural                       procedures in the standard. The                       Safety Glazing Materials Used in
                                                      Glazing Materials under the Consumer                    Commission stated that under the                      Buildings—Safety Performance
                                                      Product Safety Act (‘‘CPSA’’) to reduce                 CPSA, when an amendment to a                          Specifications and Methods of Test (the
                                                      or eliminate risks of injuries associated               consumer product safety rule involves a               ANSI standard). SGCC stated that
                                                      with walking, running, or falling                       material change, the procedures in                    consumers and the glazing industry
                                                      through or against glazing materials                    section 7 and 9 apply. 15 U.S.C.                      would be better served if the test
                                                      (‘‘CPSC standard’’). The standard                       2058(h). The Commission determined,                   procedures for glazing materials used in
                                                      applies to glazing materials used or                    however, that the amendments to the                   architectural products set forth in 16
                                                      intended for use in any of the following                definitions, test apparatus, and test                 CFR 1201.4 were replaced with the
                                                      architectural products:                                 procedures did not involve a material                 ANSI standard test procedures because
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                                                         (1) Storm doors or combination doors;                change to the standard because they did               the ANSI test procedures are more
                                                         (2) Doors (both exterior and interior);              not affect the basic purpose and                      efficient and modern. The petitioner
                                                         (3) Bathtub doors and enclosures;                    provisions of the standard. (42 FR                    asserts that the testing procedures set
                                                         (4) Shower doors and enclosures; and                 53798, 53799 (Oct. 3, 1977); 43 FR                    forth in section 1201.4 were
                                                         (5) Sliding glass doors (patio-type).                43704 (Sept. 27, 1978.) Accordingly, the              promulgated in 1977, and they have not
                                                         The standard applies to glazing                      Commission did not apply the                          been updated or clarified, as necessary.
                                                      materials and architectural products                    provisions of sections 7 and 9 of the                 The petitioner stated that the ANSI
                                                      incorporating glazing materials that are                CPSA. However, the Commission                         standard for glazing materials has been
                                                      produced or distributed for sale to or for              provided notice and comment under the                 updated periodically (in 1984, 1994,


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                                                                                 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules                                            29557

                                                      2004, and 2009), unlike the CPSC                        the expected benefits of the amended                  against the potential effect of the
                                                      standard, and that these updates include                rule ‘‘bear a reasonable relationship to              standard on the ability of architectural
                                                      modifications in testing equipment and                  its costs’’; and the amended rule                     glazing materials to meet the need of the
                                                      procedures. Petitioner asserted that the                imposes ‘‘the least burdensome                        public and the effect of the standard on
                                                      absence of updates to the CPSC standard                 requirement which prevents or                         the cost, utility, and availability of
                                                      during a period in which the ANSI                       adequately reduces the risk of injury for             architectural glazing materials to meet
                                                      standard was revised four times has                     which the rule is being promulgated.’’                that need. 16 CFR 1201.1(d)(5).
                                                      resulted in different testing methods                   Id. §§ 2056(a); 2058(a)–(g). If the                      Consistent with this prior analysis, for
                                                      and qualifying procedures that have                     amendment does not constitute ‘‘a                     the proposed amendment, the
                                                      created confusion in the industry                       material change’’ for purposes of section             Commission has reviewed whether the
                                                      regarding which test methodology must                   9(h) of the CPSA, the Commission is not               proposed amendment would alter the
                                                      be used in what circumstance.                           required to make the findings that are                original basic purpose of the rule
                                                      Petitioner claimed that the existence of                otherwise required for the amendment                  addressing an unreasonable risk of
                                                      overlapping but divergent CPSC and                      of a consumer product safety rule.                    injury associated with architectural
                                                      voluntary standards has resulted in                        When the Commission previously                     glazing materials, including whether the
                                                      manufacturers paying for duplicative                    amended the CPSC standard to clarify                  proposed amendment would have an
                                                      testing.                                                the definitions and the description of                important or significant impact on the
                                                         On August 30, 2012, notice of the                    test apparatus and test procedures in the             safety of consumers or on the burdens
                                                      petition was published in the Federal                   architectural glazing standard, the                   imposed on the regulated industry. In
                                                      Register (77 FR 52625). The                             Commission determined that the                        particular, to assess whether the basic
                                                      Commission received five comments, all                  amendments to the definitions, test                   purpose and provisions of the standard
                                                      supporting the petitioner’s request to                  apparatus, and test procedures did not                would be altered, the Commission
                                                      amend the existing test procedures with                 involve a material change to the                      compared the existing CPSC test
                                                      the ANSI standard. The petition was                     standard because the changes did not                  procedures in the mandatory standard
                                                      referred to the Commission’s staff for                  affect the basic purpose and provisions               with the ANSI test procedures. The
                                                      evaluation. On April 3, 2013, CPSC staff                of the standard. (43 FR 43704,                        basic purpose of 16 CFR 1201.4 is to
                                                      submitted a briefing package to the                     September 27, 1978). However, the                     provide test procedures that will assess
                                                      Commission evaluating the petition,                     Commission did not elaborate on what                  the safety of architectural glazing
                                                      including the feasibility of integrating                changes might affect the basic purpose                materials. The mandatory standard was
                                                      the test procedures of the ANSI standard                of a standard.                                        promulgated to reduce or eliminate risks
                                                      into the CPSC standard.1 On April 9,                       To assess what types of changes may                of injuries associated with walking,
                                                      2013, the Commission voted to grant the                 result in a material change for the                   running, or falling through or against
                                                      petition.                                               proposed amendment, the Commission                    glazing materials in storm doors, doors
                                                         On May 6, 2015, CPSC staff submitted                 looked to other statutory language for                (both exterior and interior), shower and
                                                      a briefing package to the Commission                    guidance. The Consumer Product Safety                 bathtub doors and enclosures, and
                                                      recommending that the Commission                        Improvement Act (‘‘CPSIA’’) directed                  sliding or patio-type doors. The
                                                      issue a proposed amendment to 16 CFR                    the Commission to establish protocols                 adoption of the ANSI test procedures
                                                      1201.4 that would replace the testing                   and standards to test children’s                      will not alter that purpose. As discussed
                                                      procedures set forth in the CPSC                        products for testing and certification                in section II below, the proposed
                                                      mandatory standard for glazing                          purposes ‘‘when there has been a                      amended testing procedures will clarify
                                                      materials in certain architectural                      material change in the product’s design               the existing test procedures and update
                                                      products, with the testing procedures                   or manufacturing process.’’ 15 U.S.C.                 references to current test methods.
                                                      contained in the voluntary standard,                    2063(d)(2)(B). The Commission’s                          In addition, the Commission reviewed
                                                      ANSI Z97.1–2009ε2. The staff’s briefing                 regulation implementing this provision                whether there would be an important or
                                                      package is available on the CPSC’s Web                  defines ‘‘material change’’ as: ‘‘any                 significant impact on the safety of
                                                      site at: http://www.cpsc.gov/Global/                    change in the product’s design,                       consumers. As discussed in section IV
                                                      Newsroom/FOIA/                                          manufacturing process or sourcing of                  below, CSPC staff’s review showed that
                                                                                                              component parts that . . . could affect               almost all of the samples tested both to
                                                      CommissionBriefingPackages/2015/
                                                                                                              a product’s ability to comply with the                16 CFR 1201.1 and the ANSI standard
                                                      Proposed-Rule-to-Amend-the-Safety-
                                                                                                              applicable rules, bans, standards or                  passed both standards; only a small
                                                      Standard-for-Architectural-Glazing-
                                                                                                              regulations.’’ 16 CFR 1107.2. This                    number of samples tested (5 out of more
                                                      Material.pdf.
                                                                                                              definition contemplates that certain                  than 3,500) failed the CPSC standard
                                                      C. Statutory Authority                                  changes would not be considered                       testing, but passed when tested to the
                                                         The proposed amendment to the                        ‘‘material’’ if changes are not significant           voluntary standard. Thus, the proposed
                                                      CPSC standard would clarify certain test                enough to potentially impact the                      amendment is unlikely to have an
                                                      procedures specified in the mandatory                   product’s ability to comply with                      important or significant impact on the
                                                      standard. Under section 9 (h) of the                    applicable standards and regulations.                 safety of consumers because testing to
                                                      CPSA, if an amendment of a consumer                        The basis for the Commission’s                     either standard provided consistent and
                                                      product safety rule ‘‘involves a material               findings in promulgating the standard                 comparable test results.
                                                                                                              for architectural glazing was that                       The Commission also reviewed
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      change,’’ 15 U.S.C. 2058(h), the
                                                                                                              unreasonable risks of injury are                      whether there would be any important
                                                      Commission must make certain
                                                                                                              associated with architectural glazing                 or significant impact on the burdens
                                                      findings, including a finding that the
                                                                                                              materials used in certain architectural               imposed on the regulated industry. As
                                                      amendment is ‘‘reasonably necessary to
                                                                                                              glazing products. In assessing the                    discussed in section V below, CPSC
                                                      prevent or reduce an unreasonable risk
                                                                                                              question of whether unreasonable risks                staff’s review showed existing
                                                      of injury associated with such product’’;
                                                                                                              of injury or injury potential are                     widespread compliance with the ANSI
                                                        1 http://www.cpsc.gov//Global/Newsroom/FOIA/          associated with architectural glazing                 standard. Therefore, the data did not
                                                      CommissionBriefingPackages/2013/                        materials, the Commission balanced the                show that adoption of the ANSI test
                                                      ArchitecturalGlazingPetitionBriefingPackage.pdf.        degree, nature, and frequency of injury               procedures would impose any


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                                                      29558                      Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules

                                                      additional burdens on the regulated                        In contrast, the ANSI standard does                over the years; its current edition is
                                                      industry. In fact, a slight reduction in                not exempt any specific glazing                       ASTM D2565–99 (2008).
                                                      the burdens imposed on the regulated                    materials. The ANSI testing procedures                  For manufacturers who test to both
                                                      industry is likely because the proposed                 include testing for materials and                     the 16 CFR 1201.4 and the ANSI
                                                      amendment would reduce confusion in                     products that are not covered by the                  standard, using these withdrawn and
                                                      the industry regarding applicable test                  CPSC standard: Plastic glazing and fire-              obsolete versions of current standards
                                                      procedures. Moreover, adoption of the                   resistant wire-glass. Accordingly, the                can result in increased costs and
                                                      ANSI test procedures likely will make                   ANSI standard includes tests for certain              duplication of testing if manufacturers
                                                      testing of the architectural glazing                    items, such as fire-resistant wired glass             are required to test to the earlier
                                                      materials more efficient, less costly, and              and accelerated environmental                         versions of these editions to meet the
                                                      reduce redundant testing for                            durability testing for plastic glazing,               regulation and also test to the current
                                                      manufacturers who currently comply                      which are otherwise exempt from the                   versions of these standard practice test
                                                      with the ANSI standard, as well as the                  CPSC standard. Although the ANSI                      procedures to meet the voluntary
                                                      CPSC mandatory standard.                                standard does not specifically exempt                 standard. Furthermore, the old
                                                                                                              tempered glass, wired glass, and                      standards referenced in 16 CFR
                                                        Accordingly, as provided under
                                                                                                              annealed glass from the accelerated                   1201.4(b)(3)(ii) require obsolete test
                                                      section 9(h) of the CPSA, the
                                                                                                              environmental durability tests, the ANSI              equipment that is currently not
                                                      Commission believes that the proposed
                                                                                                              standard only requires plastic glazing                manufactured. By replacing the CPSC
                                                      amendment replacing the test
                                                                                                              and organic coated glass to be subjected              testing procedures with the updated
                                                      procedures specified in the CPSC
                                                                                                              to the accelerated environmental                      references in the ANSI standard, the
                                                      mandatory standard with the test
                                                                                                              durability test. Tests in the ANSI                    proposed amendment would allow the
                                                      procedures in the ANSI standard would                                                                         use of currently manufactured test
                                                      not involve a material change requiring                 standard that apply to materials,
                                                                                                              products, or uses that are exempt from                equipment rather than the obsolete and
                                                      the procedures under sections 7 and 9                                                                         outdated equipment referenced in
                                                      of the CPSA. However, because the                       the CPSC standard would not be
                                                                                                              included in the proposed amendment.                   section 1201.4(b)(3)(ii). The updated
                                                      proposed amendment would make                                                                                 references would not involve a material
                                                                                                                 In the proposed amendment, the
                                                      revisions to an existing standard, the                                                                        change to the standard because
                                                                                                              Commission does not propose to alter
                                                      Commission is providing notice and                                                                            changing these references to reflect
                                                                                                              the scope or exemptions provided in the
                                                      comment under the informal                                                                                    current test methods would not alter the
                                                                                                              CPSC standard; materials that are
                                                      rulemaking procedures of the APA, 5                                                                           basic purpose of the CPSC standard.
                                                                                                              exempt from 16 CFR part 1201 would
                                                      U.S.C. 553, before issuing a final rule.
                                                                                                              continue to be exempt, and those                      2. The ANSI Impact Tests Are Similar
                                                      II. The Proposed Amendment                              exempt materials would not be subject                 to the Impact Tests in Section 1201.4(b)
                                                                                                              to the ANSI test procedures. The
                                                      A. No Change in Scope                                                                                            Although ANSI Z97.1–2009ε2 has
                                                                                                              proposed amendment, however, would
                                                                                                              adopt the ANSI standard for the                       been modified several times since the
                                                         The proposed amendment would
                                                                                                              remaining test procedures in the CPSC                 CPSC standard was published, the
                                                      replace the test procedures in the CPSC
                                                                                                              standard.                                             impact tests of 16 CFR 1201.4(b) and
                                                      standard at 16 CFR 1201.4 with the
                                                                                                                                                                    ANSI Z97.1–2009ε2 (5) are similar. The
                                                      ANSI test procedures. The ANSI                          B. Test Procedures for Glazing Materials              CPSC standard shows drawings of a
                                                      standard covers certain products,                                                                             Glass Impact Test Structure (Figures 1–
                                                      materials, and uses that are exempt from                  The proposed amendment replacing
                                                                                                              the CPSC test procedures in 16 CFR                    5) that is similar to the drawing of the
                                                      the CPSC standard. The proposed                                                                               Impact Test Frame drawing in ANSI
                                                      amendment would not change the scope                    1201.4 with the ANSI test procedures
                                                                                                              will clarify the existing test procedures             Z97.1–2009ε2 (Figures 1–7), except for
                                                      of products, materials, or uses covered                                                                       differences in the descriptive terms used
                                                      by the CPSC standard.                                   and update references to current test
                                                                                                              methods.                                              for naming the parts of the test
                                                         The CPSC standard currently                                                                                apparatus, i.e., Main Frame and Sub-
                                                      exempts: Wired glass used in doors or                   1. Obsolete References Will Be Replaced               Frame in ANSI Z97.1–2009,ε2 versus 16
                                                      other assemblies to retard the passage of               With Updated Test Methods                             CFR 1201.4’s Impact Test Structure and
                                                      fire where required by federal, state,                     Currently, 16 CFR 1201.4(b)(3)(ii)                 Test Specimen Mounting Frame. ANSI
                                                      local, or municipal fire ordinance;                     refers to obsolete ASTM standard                      Z97.1–2009ε2 provides enlarged
                                                      louvers of jalousie doors; openings of                  practices and equipment, which have                   drawings of the Impact Test Frame.
                                                      doors which a 3 inch diameter sphere is                 been replaced in the ANSI standard                    Overall, the Glass Impact Test Structure
                                                      unable to pass; carved glass, dalle glass,              (5.4.1.1, 5.4.1.2). For example, the                  of 16 CFR 1201.4 appears to be of
                                                      or leaded glass; glazing materials used                 simulated weathering test in the CPSC                 similar construction to the ANSI Z97.1–
                                                      as curved glazed panels in revolving                    standard references two outdated ASTM                 2009ε2 Impact Test Frame, except that
                                                      doors; and commercial refrigerator                      standards:                                            ANSI Z97.1–2009ε2 provides clearer
                                                      cabinet glazed doors. 16 CFR 1201.1(c).                    • ASTM G26–70—Practice for                         assembly drawings.
                                                      In addition, the test procedures at 16                  Operating Light Exposure Apparatus                       The ANSI drawings are larger and
                                                      CFR 1201.4(a)(2) do not provide for                     (Xenon-Arc Type) With and Without                     clearer to use, which would benefit
                                                      accelerated environmental durability                    Water for Exposure of Nonmetallic                     manufacturers. In addition, if the ANSI
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                                                      testing of plastic glazing materials                    Materials, was withdrawn by ASTM in                   impact test procedures were adopted,
                                                      because those tests were removed from                   2000, and replaced with ASTM G155—                    manufacturers who currently test to
                                                      16 CFR part 1201 by the Commission in                   Practice for Operating Xenon Arc Light                both the CPSC standard and ANSI
                                                      the early 1980s. (45 FR 66002, October                  Apparatus for Exposure of Non-Metallic                standard could avoid duplicative testing
                                                      6, 1980). Moreover, tempered glass,                     Materials.                                            because the manufacturers would not
                                                      wired glass, and annealed glass are not                    • The obsolete 1970 edition of ASTM                need to conduct impact tests for both
                                                      required to be subjected to the                         D2565–70—Practice for Xenon-Arc                       the CPSC standard and the ANSI
                                                      accelerated environmental durability                    Exposure of Plastics Intended for                     standard. The proposed amendment
                                                      tests. Id. at § 1201.4(a)(2).                           Outdoor Applications, has been revised                adopting the ANSI test procedures


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                                                                                 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules                                            29559

                                                      would not involve a material change to                  each size and thickness are to be impact              glass (1201.4(e)(ii)(B)(1); ANSI Z97.1–
                                                      the standard because the ANSI impact                    tested. Specifying the number of                      2009ε2 (5.4.2.2.1)); tensile strength tests
                                                      tests are comparable to the CPSC impact                 specimens to be tested would not                      for organic coated glass
                                                      tests, but clearer construction drawings                involve a material change to the                      (1201.4(e)(ii)(B)(2); ANSI Z97.1–2009ε2
                                                      are provided in the ANSI standard.                      standard because the proposed                         (5.4.2.2.2)); and impact testing of
                                                                                                              amendment would not alter the basic                   organic coated glazing materials for
                                                      3. The ANSI Test Procedures Clarify
                                                                                                              purpose of the requirement; rather, the               indoor service (1201.4(c)(3)(iii); ANSI
                                                      Specimen Categories, Methodology, and
                                                      Quantity
                                                                                                              ANSI test method would clarify the                    Z97.1–2009ε2 (5.4.3)). The similarities in
                                                                                                              number of specimens to be tested,                     the testing procedures between the two
                                                         The CPSC standard provides two                       which would help reduce confusion on                  standards further support the adoption
                                                      impact categories, 150 foot-pound                       the number of specimens to be tested                  of the proposed ANSI testing
                                                      impact test (Category I) and 400 foot-                  and provide a clearer test for                        procedures. The proposed amendment
                                                      pound impact test (Category II). 16 CFR                 manufacturers.                                        would not result in a material change
                                                      1201.4(d). The ANSI standard provides                                                                         because the tests are comparable;
                                                      three impact categories (5.1.2.1): A 400                4. The ANSI Test Procedures Clarify
                                                                                                              Procedures for Evaluating Tempered                    however, manufacturers who currently
                                                      foot-pound impact test (Class A); a 150                                                                       test to both the CPSC standard and
                                                      foot-pound impact test (Class B); and a                 Glass Specimens
                                                                                                                                                                    ANSI standard could reduce confusion
                                                      100 foot-pound impact test (Class C) for                   ANSI Z97.1–2009ε2 (5.2) has more                   regarding which standard to follow, and
                                                      fire-resistant wired glass. The proposed                specific procedures for evaluating                    avoid duplicative testing, if the
                                                      amendment would not result in a                         tempered glass specimens than 16 CFR                  Commission specified the use of the
                                                      material change because the impact                      1201.4(d). The ANSI standard specifies                ANSI test procedures.
                                                      categories in the CPSC standard would                   a procedure to evaluate tempered glass
                                                      remain the same and still include the                   specimens that did not fracture as a                  III. Injury Information
                                                      150 foot-pound impact test and 400                      result of the 400 foot-pound Class A                    CPSC Staff reviewed the Injury and
                                                      foot-pound impact test. The 100 foot-                   impact test. In the CPSC standard,
                                                                                                                                                                    Potential Injury Incident (IPII), In-Depth
                                                      pound test in the ANSI standard only                    fragmented pieces of glass were
                                                                                                                                                                    Investigation IDI), and Death Certificate
                                                      applies to fire-resistant wired glass, a                evaluated, by size and weight, only if
                                                                                                                                                                    databases for injuries reported to the
                                                      product that is exempt from the CPSC                    the specimen failed the impact test. The
                                                                                                                                                                    Commission and identified 430
                                                      standard. The Commission is not                         ANSI standard requires that all samples
                                                                                                                                                                    incidents for the period from 1978 to
                                                      proposing to change the scope of the                    that have been impacted be subjected to
                                                                                                                                                                    2014. Since 1978, 98 architectural
                                                      materials covered by the CPSC standard.                 a ‘‘Center Punch Fragmentation Test,’’
                                                                                                                                                                    glazing-related fatalities were reported
                                                      Thus, manufacturers would not be                        which requires purposely fracturing the
                                                                                                                                                                    to the CPSC. Shower doors and
                                                      required to follow the ANSI standard                    unbroken impact-tested tempered glass
                                                                                                                                                                    enclosures accounted for 64 percent of
                                                      100 foot-pound impact test (Class C) for                specimen with a center punch and
                                                      fire-resistant wired glass because these                hammer. In both cases, the fractured                  the injuries and deaths. Glass or partial
                                                      materials remain exempt under the                       pieces of the tempered glass specimen                 glass storm doors accounted for 15
                                                      proposed amendment.                                     are evaluated by weighing the 10 largest              percent of the reported injuries and
                                                         Both 16 CFR 1201.4(e)(1) and ANSI                    fragments. A tempered glass specimen is               deaths, and ‘‘sliding glass’’ doors or
                                                      Z97.1–2009ε2 (5.1.4 (1)) permit using a                 considered to conform to both the CPSC                doors only specified as ‘‘glass doors’’
                                                      3-inch diameter steel sphere for                        standard and ANSI Z97.1–2009ε2 as                     accounted for 8 percent each of the
                                                      evaluating any hole remaining in an                     acceptable for use as safety glazing, if              reported injuries and deaths. At least
                                                      impact tested specimen after the impact                 the 10 largest fragments weigh no more                two of the incidents involved wired
                                                      test for flat specimens. However, the                   than the equivalent of 10 in2 of the                  glass, which is exempt from the CPSC
                                                      standards differ because the CPSC                       original unbroken specimen; however,                  standard.
                                                      standard requires that the specimen be                  ANSI Z97.1–2009ε2 requires that the                     In addition to reviewing the CPSC
                                                      evaluated in a horizontal position after                pieces selected be no longer than 4                   databases, CSPC staff also identified
                                                      the vertical test is completed. ANSI                    inches in length. Adopting the ANSI test              9,942 cases that occurred during the
                                                      Z97.1–2009ε2 requires that the impacted                 procedures for evaluating tempered                    period from 1991 through 2013, which
                                                      specimen remain in the vertical, upright                glass would not alter the basic purpose               involved injuries from architectural
                                                      as-impact tested position while being                   of the CPSC standard; rather, the ANSI                glazing products treated in the
                                                      evaluated with the 3-inch diameter steel                Center Punch Fragmentation Test                       emergency departments of CPSC’s
                                                      sphere. Adopting the ANSI test                          provides a more accurate and efficient                National Electronic Injury Surveillance
                                                      procedure does not constitute a material                way of measuring potential failures,                  System (‘‘NEISS’’) member hospitals.
                                                      change in the test method because the                   which would further clarify the impact                Staff determined that due to design
                                                      basic purpose of the requirement is not                 test for tempered glass for                           changes within NEISS, estimates made
                                                      altered; rather, the test procedure is                  manufacturers.                                        before 1991 are not comparable. Based
                                                      clarified. Leaving the specimen in the                                                                        on these cases, staff computed a
                                                      vertical position makes it less likely that             5. Other Provisions                                   national estimate of 420,000 emergency
                                                      gravity or human error will contribute to                  There are other testing procedures in              department-treated injuries, with a
                                                      the potential failure of a product.                     the CPSC standard and the ANSI                        coefficient of variance of 0.0648 percent.
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                                                         In addition, the requirements for size               standard that are similar. Both standards             The 95 percent confidence interval for
                                                      classification of impact specimens at 16                have a boil test for laminated glass and              this estimate is 366,000 to 473,000.
                                                      CFR 1201.4(c)(2) does not specify the                   similar requirements for testing for                  Ninety-six percent of the cases during
                                                      number of specimens to be impact                        failure (1201.4(c)(3)(i); ANSI Z97.1–                 the 1992 to 2013 period, which were
                                                      tested; rather, the standard requires only              2009ε2 (5.3)). Both standards provide for             reviewed by staff, involved lacerations.
                                                      that the largest size and each thickness                accelerated environmental durability                  During this 20-year time period, the
                                                      offered by the manufacturer are to be                   testing for organic coated glass                      estimated number of emergency
                                                      tested. However, ANSI Z97.1–2009ε2                      (1201.4(d)(2)(B); ANSI Z97.1–2009ε2                   department-treated architectural glazing
                                                      (4.4) requires that four specimens of                   (5.4)); adhesion tests for organic coated             breakage incidents has declined.


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                                                      29560                      Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules

                                                         Injury severity ranged from minor                    standard would not significantly affect               certification costs. In addition, for
                                                      lacerations, abrasions, and contusions,                 the testing results.                                  manufacturers who contract out their
                                                      to more severe laceration, puncture, and                                                                      testing, shipping costs will be reduced,
                                                                                                              V. Burdens on Industry Generally
                                                      penetration injuries. The body part most                                                                      due to the smaller number of samples
                                                      often involved in these incidents was                      As discussed in section II, replacing              shipped. SGCC estimates that its
                                                      the arm (46.8%), followed by hand                       the test procedures in 16 CFR 1201.4                  customers each would save an average
                                                      (30.1%), and head (8.6%). The incidents                 with the ANSI standard test procedures                of $1,284 per product tested annually.
                                                      captured in NEISS suggest that the most                 will make product testing more efficient              Thus, the proposed amendment likely
                                                      severe injuries (i.e., injuries that                    and avoid potentially redundant tests                 would lessen the impact on the burdens
                                                      necessitated transfer to another hospital               for manufacturers who currently comply                imposed on industry to meet the
                                                      or admission to the hospital where                      with the voluntary and the CPSC                       requirements of the CPSC standard.
                                                      emergency room treatment was                            standard. Moreover, there is already
                                                                                                              substantial compliance with the ANSI                  VI. Regulatory Flexibility Act Analysis
                                                      provided) represented approximately 5
                                                      percent of the total. Lacerations are the               standard.                                                The Regulatory Flexibility Act
                                                      most common hazard associated with                         CPSC staff’s review showed that there              (‘‘RFA’’) requires that proposed rules be
                                                      glazing failures, and can range from                    are about 250 manufacturers of                        reviewed for the potential economic
                                                      superficial to extreme in their severity.               architectural glazing materials and                   impact on small entities, including
                                                      Severe injuries often require surgery and               roughly 2,500 glazing material products               small businesses. 5 U.S.C. 601–612.
                                                      rehabilitation, which may result in the                 certified annually. SGCC manages the                  Section 603 of the RFA requires
                                                      loss of motion, loss of sensation, or                   certification testing for about 70 percent            agencies to prepare and make available
                                                      permanent disfigurement.                                of the market. The remaining                          for public comment an Initial
                                                         Although many incident reports                       manufacturers conduct in-house testing                Regulatory Flexibility Analysis
                                                      lacked detailed information about the                   or they contract testing through labs                 (‘‘IRFA’’), describing the impact of the
                                                      injury, a review of the incidents from                  outside of SGCC. All but a small                      proposed rule on small entities and
                                                      the CPSC databases suggests that many                   proportion of these manufacturers                     identifying impact-reducing
                                                      of the injuries and deaths resulted from                currently test to both the CPSC                       alternatives. The requirement to prepare
                                                      products that did not meet the CPSC                     mandatory standard and the ANSI                       an IRFA does not apply if the agency
                                                      standard; the deep laceration injuries                  voluntary standard.                                   certifies that the rulemaking will not
                                                      and puncture and penetration wounds                        Most manufacturers in the                          have a significant economic impact on
                                                      reported in these incidents, some of                    architectural glazing industry certify                a substantial number of small entities.
                                                      which were fatal, most likely resulted                  their products to ANSI Z97.1–2009ε2                   Id. 605. Because the Commission
                                                      from large glass fragments from broken                  and 16 CFR part 1201. Of the products                 expects that the economic effect on all
                                                      pieces of non-safety glass.                             certified through SGCC, 99 percent or                 entities will be minimal, the
                                                                                                              1,855 products were certified to both                 Commission certifies that the proposed
                                                      IV. Impact on Consumer Safety                           ANSI Z97.1–2009ε2 and 16 CFR part                     rule will not have a significant
                                                         To assess the potential effect of the                1201. Only 12 products (0.6%) were                    economic impact on a substantial
                                                      proposed amendment on consumer                          certified solely to ANSI Z97.1–2009ε2;                number of small entities.
                                                      safety, in January 2014, CPSC staff                     seven products (0.4%) were certified
                                                      collected information on sample data                    solely to 16 CFR part 1201. CPSC staff’s              Small Entities to Which the Proposed
                                                      from 16 SGCC-approved testing                           review of manufacturers from the Glass                Rule Would Apply
                                                      laboratories to assess the relative                     Association of North America                             The U.S. Small Business
                                                      compliance of architectural glazing                     (‘‘GANA’’), which consists of members                 Administration (‘‘SBA’’) guidelines
                                                      companies with 16 CFR 1201.4 and the                    that both do and do not participate in                categorize manufacturers of flat glass as
                                                      ANSI standard. The 16 laboratories                      the SGCC program, indicated that of the               ‘‘small’’ if they have fewer than 1,000
                                                      represented approximately 70 percent of                 35 manufacturers that test their                      employees; and they categorize
                                                      the third party testing laboratories                    products outside of SGCC and provided                 manufacturers of products made with
                                                      responsible for testing architectural                   certification information, 32                         purchased glass as ‘‘small’’ if they have
                                                      glazing products. Specifically, the                     manufacturers certified to both                       fewer than 500 employees. In cases
                                                      companies were asked if specimens that                  standards, and only three manufacturers               where firms fall under both categories,
                                                      pass 16 CFR 1201.4 were ever                            listed certification to just 16 CFR part              the size standard for flat glass
                                                      noncompliant with ANSI standard, and                    1201.                                                 manufacturers is applied to classify the
                                                      if so, the frequency of such occurrence.                   Based on CPSC staff’s review, if the               firm. Based upon these criteria, the
                                                      Ninety percent of all responses stated                  ANSI standard test procedures were                    number of small manufacturers and
                                                      that there had never been an instance in                adopted, the proposed amendment                       importers identified in the architectural
                                                      which a specimen that complied with                     would not have an important or                        glazing market is 104, including 10
                                                      the ANSI standard did not also comply                   significant impact on the burdens                     firms of undetermined size. Of the 104
                                                      with the requirements of 16 CFR 1201.4.                 imposed on the regulated industry.                    small manufacturers known to produce
                                                         These data indicate that replacing the               Almost all of the manufacturers already               architectural glass, 84 certify their
                                                      CPSC standard testing procedures with                   certify to the ANSI standard.                         products through the SGCC and 20
                                                      the testing procedures in the ANSI                      Manufacturers currently testing to both               certify their products through other in-
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                                                      standard would not have an important                    the ANSI standard and the CPSC                        house testing, or they contract the
                                                      or significant impact on consumer safety                standard will probably experience a                   testing.
                                                      because only a small number of samples                  decrease in testing and certification                    The expected impact of the proposed
                                                      tested (5 out of more than 3,500) failed                costs because they would only need to                 rule is to reduce the costs of
                                                      the CPSC standard testing, but passed                   follow one testing protocol to be                     certification for most manufacturers.
                                                      when tested to the voluntary standard.                  certified to both standards. This reduces             The 102 of 104 small manufacturers
                                                      Accordingly, the data show that testing                 the number of samples that a                          currently testing to both the ANSI
                                                      to either standard provides consistent                  manufacturer needs to fabricate for                   standard and the CPSC standard also
                                                      testing results, and adopting the ANSI                  testing, which will directly reduce                   will probably experience a decrease in


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                                                                                 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules                                                29561

                                                      testing and certification costs because                 VII. Environmental Considerations                     XI. Incorporation by Reference
                                                      they would only need to follow one                         Generally, the Commission’s
                                                      testing protocol to be certified to both                                                                         The Commission proposes to
                                                                                                              regulations are considered to have little             incorporate by reference ANSI Z97.1–
                                                      standards. This reduces the number of                   or no potential for affecting the human
                                                      samples a manufacturer needs to                                                                               2009ε2. The Office of the Federal
                                                                                                              environment, and environmental                        Register (‘‘OFR’’) has regulations
                                                      fabricate for testing, thus directly                    assessments and impact statements are
                                                      reducing certification costs. In addition,                                                                    concerning incorporation by reference. 1
                                                                                                              not usually required. See 16 CFR                      CFR part 51. The OFR recently revised
                                                      for manufacturers who contract out their                1021.5(a). The proposed rule is not
                                                      testing, shipping costs will be reduced,                                                                      these regulations to require that, for a
                                                                                                              expected to have an adverse impact on                 proposed rule, agencies must discuss in
                                                      due to the smaller number of samples                    the environment and is considered to
                                                      shipped.                                                                                                      the preamble to the NPR, ways that the
                                                                                                              fall within the ‘‘categorical exclusion’’             materials that the agency proposes to
                                                        SGCC estimates that its customers                     for the purposes of the National                      incorporate by reference are reasonably
                                                      would each save an average of $1,284                    Environmental Policy Act. 16 CFR                      available to interested persons, or how
                                                      per product tested annually. Two                        1021.5(c). However, the proposed rule                 the agency worked to make the
                                                      manufacturers outside SGCC’s                            will decrease the number of samples                   materials reasonably available. In
                                                      membership who currently test to both                   that most manufacturers are required to               addition, the preamble to the proposed
                                                      standards will also likely see cost                     test, and will likely lead to a small,                rule must summarize the material. 1
                                                      savings. However, if these two                          beneficial effect on the environment                  CFR 51.5(a).
                                                      manufacturers currently conduct their                   because waste produced by the                            In accordance with the OFR’s
                                                      testing in-house, they do not incur the                 manufacture of excess samples, and the                requirements, section II of this preamble
                                                      costs of shipping samples to SGCC;                      transport of those samples, will be                   summarizes the ANSI Z97.1–2009ε2
                                                      thus, the cost savings will be limited to               reduced.                                              standard that the Commission proposes
                                                      the savings from fabricating fewer
                                                                                                              VIII. Paperwork Reduction Act                         to incorporate by reference into 16 CFR
                                                      testing samples.
                                                                                                                                                                    part 1201. Interested persons may
                                                        One of the two small domestic                           Currently, there is no paperwork                    purchase a copy of ANSI Z97.1–2009ε2
                                                      manufacturers that does not certify to                  collection burden associated with 16                  from the following address. Attn: ANSI
                                                      both standards is listed under SGCC’s                   CFR part 1201, and the proposed                       Customer Service Department, 25 W
                                                      certified products directory and tests                  amendment to the regulation does not                  43rd Street, 4th Floor, New York, NY
                                                      products only to 16 CFR part 1201.                      create any new paperwork collection                   10036. The standard is also available for
                                                      SGCC’s fees are structured so that                      burdens. Thus, no paperwork burden is                 purchase from ANSI’s Web site: http://
                                                      testing to ANSI Z97.1–2009ε2 and 16                     associated with the proposed rule, and                webstore.ansi.org/
                                                      CFR part 1201 currently cost the                        the Paperwork Reduction Act of 1995                   RecordDetail.aspx?sku=ANSI+Z97.1-
                                                      manufacturer the same. Thus, this                       (44 U.S.C. 3501–3520) does not apply.                 2009. A copy of the standard can also
                                                      manufacturer should not experience an                   IX. Executive Order 12988 (Preemption)                be inspected at CPSC’s Office of the
                                                      increase in testing fees from aligning 16                                                                     Secretary, U.S. Consumer Product
                                                      CFR 1201.4’s testing protocol with ANSI                    Section 26(a) of the CPSA, 15 U.S.C.
                                                                                                                                                                    Safety Commission, Room 820, 4330
                                                      Z97.1–2009 2. However, there will                       2075(a), provides that when a consumer
                                                                                                                                                                    East West Highway, Bethesda, MD
                                                      probably be an increase in cost                         product safety standard under this Act
                                                                                                                                                                    20814, telephone 301–504–7923.
                                                      associated with the shipping and                        is in effect and applies to a risk of injury
                                                      fabrication of the higher number of                     associated with a consumer product, no                XII. Request for Comments
                                                      CPSC samples required to be tested                      state or political subdivision of a state
                                                                                                              may either establish or continue in                     The Commission invites interested
                                                      under ANSI Z97.1–2009ε2.                                                                                      persons to submit their comments to the
                                                                                                              effect any provision of a safety standard
                                                        Of those small manufacturers                          or regulation which prescribes any                    Commission on any aspect of the
                                                      identified outside of SGCC, only one                    requirements as to the performance,                   proposed amendment. Comments
                                                      was found to have products tested only                  composition, contents, design, finish,                should be submitted as provided in the
                                                      to 16 CFR 1201.4, according to                          construction, packaging, or labeling of               instructions in the ADDRESSES section at
                                                      certification information readily                       such product, which are designed to                   the beginning of this notice.
                                                      available. This small manufacturer                      deal with the same risk of injury                     List of Subjects in 16 CFR Part 1201
                                                      contracts out to a lab for certification                associated with such consumer product,
                                                      and the lab tests to both standards.                    unless such requirements are identical                  Administrative practice and
                                                      Therefore, this small manufacturer                      to the requirements of the federal                    procedure, Consumer protection,
                                                      should not incur any significant                        standard. Section 9(h) of the CPSA                    Imports, Labeling, Law enforcement,
                                                      increase due to testing fees. However,                  provides that the Commission may by                   Incorporation by reference.
                                                      this manufacturer could experience                      rule amend any consumer product                         For the reasons stated in the
                                                      some increase in shipping and                           safety rule. Therefore, the preemption                preamble, the Consumer Product Safety
                                                      fabricating costs, as identified above.                 provision of section 26(a) of the CPSA                Commission proposes to amend 16 CFR
                                                        In summary, 102 of 104 small                          would apply to any rule issued under                  part 1201 as follows:
                                                      architectural glazing producers (or about               section 9(h).
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                                                      98 percent of the small producers)                                                                            PART 1201—SAFETY STANDARD FOR
                                                      would experience some slight cost                       X. Effective Date                                     ARCHITECTURAL GLAZING
                                                      savings, or no impact, due to the                          The APA generally requires that the                MATERIALS
                                                      proposed amendment. Consequently,                       effective date of a rule be at least 30
                                                      the Commission certifies that the                       days after publication of a final rule. 5             ■ 1. The authority citation for part 1201
                                                      proposed rule will not have a significant               U.S.C. 553(d). Accordingly, if a final                continues to read as follows:
                                                      economic impact on a substantial                        rule is issued, the amendment will go                   Authority: Secs. 2, 3, 7, 9, 14, 19. Pub.L.
                                                      number of small entities under the                      into effect 30 days after publication of              92–573, 86 Stat. 1212–17; (15 U.S.C. 2051,
                                                      criteria of the RFA.                                    a final rule.                                         2052, 2056, 2058, 2063, 2068).



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                                                      29562                                Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules

                                                      § 1201.4        [Amended]                                                  DEPARTMENT OF ENERGY                                                       ADDRESSES:    Comments, identified by
                                                      ■ 2. Revise § 1201.4 to read as follows:                                                                                                              docket number, may be filed in the
                                                        (a) Except as provided in § 1201.1(c)                                    Federal Energy Regulatory                                                  following ways:
                                                      and (d), architectural glazing products                                    Commission
                                                                                                                                                                                                              • Electronic filing through http://
                                                      shall be tested in accordance with all of                                                                                                             www.ferc.gov. Documents created
                                                      the applicable test provisions of ANSI                                     18 CFR Part 11
                                                                                                                                                                                                            electronically using word processing
                                                      Z97.1–2009ε2 ‘‘American National                                                                                                                      software should be filed in native
                                                      Standard for Safety Glazing Materials                                      [Docket No. RM15–18–000]
                                                                                                                                                                                                            applications or print-to-PDF format,
                                                      Used in Building—Safety Performance                                        Commencement of Assessment of                                              rather than in a scanned format.
                                                      Specifications and Methods of Test.’’
                                                                                                                                 Annual Charges                                                               • Mail/Hand Delivery. Those unable
                                                      The Director of the Federal Register
                                                      approves the incorporation by reference                                    AGENCY: Federal Energy Regulatory                                          to file electronically may mail or hand-
                                                      in accordance with 5 U.S.C. 552(a) and                                     Commission, DOE.                                                           deliver comments to: Federal Energy
                                                      1 CFR part 51. You may obtain a copy                                       ACTION: Notice of proposed rulemaking.
                                                                                                                                                                                                            Regulatory Commission, Secretary of the
                                                      from ANSI Customer Service                                                                                                                            Commission, 888 First Street NE.,
                                                      Department, 25 W 43rd Street, 4th                                          SUMMARY:   The Federal Energy                                              Washington, DC 20426.
                                                      Floor, New York NY, 10036. You may                                         Regulatory Commission (Commission)                                           Instructions: For detailed instructions
                                                      inspect a copy at the Office of the                                        proposes to revise its regulations                                         for submitting comments and additional
                                                      Secretary, U.S. Consumer Product                                           regarding when the Commission will                                         information on the rulemaking process,
                                                      Safety Commission, Room 820, 4330                                          commence assessing annual charges to                                       see the Comment Procedures section of
                                                      East West Highway, Bethesda, MD                                            hydropower licensees and exemptees,                                        this document.
                                                      20814, telephone 301–504–7923, or at                                       other than state or municipal entities,
                                                      the National Archives and Records                                          with respect to licenses and exemptions                                    FOR FURTHER INFORMATION CONTACT:
                                                      Administration (NARA). For                                                 authorizing unconstructed projects and                                     Tara DiJohn (Legal Information), Office
                                                      information on the availability of this                                    new capacity. Specifically, the                                              of the General Counsel, Federal
                                                      material at NARA, call 202–741–6030,                                       Commission proposes to commence                                              Energy Regulatory Commission, 888
                                                      or go to: http://www.archives.gov/                                         assessing annual charges two years from                                      First Street NE., Washington, DC
                                                      federal-register/cfr/ibr-locations.html.                                   the effective date of the project license,                                   20426, (202) 502–8671, tara.dijohn@
                                                         (b) [Reserved]                                                          exemption, or amendment authorizing
                                                      ■ 3. Remove Figures 1 through 5 to
                                                                                                                                                                                                              ferc.gov.
                                                                                                                                 new capacity, rather than on the date
                                                      Subpart A of Part 1201.                                                    that project construction starts. The                                      Norman Richardson (Technical
                                                        Dated: May 19, 2015.                                                     proposed revisions will provide                                              Information), Office of the Executive
                                                      Todd A. Stevenson,                                                         administrative efficiency and promote                                        Director, Federal Energy Regulatory
                                                                                                                                 certainty among licensees, exemptees,                                        Commission, 888 First Street NE.,
                                                      Secretary, Consumer Product Safety
                                                      Commission.                                                                and Commission staff as to when annual                                       Washington, DC 20426, (202) 502–
                                                      [FR Doc. 2015–12438 Filed 5–21–15; 8:45 am]                                charges will commence.                                                       6219, norman.richardson@ferc.gov.
                                                      BILLING CODE 6355–01–P                                                     DATES: Comments are due July 21, 2015.                                     SUPPLEMENTARY INFORMATION:

                                                                                                                                                 TABLE OF CONTENTS

                                                                                                                                                                                                                                                                 Paragraph
                                                                                                                                                                                                                                                                  Number

                                                      I. Background ..........................................................................................................................................................................................           1.
                                                      II. Proposed Revisions ............................................................................................................................................................................                8.
                                                      III. Regulatory Requirements .................................................................................................................................................................                    13.
                                                            A. Information Collection Statement .............................................................................................................................................                           13.
                                                            B. Environmental Analysis .............................................................................................................................................................                     14.
                                                            C. Regulatory Flexibility Act ..........................................................................................................................................................                    15.
                                                            D. Comment Procedures .................................................................................................................................................................                     20.
                                                            E. Document Availability ................................................................................................................................................................                   24.


                                                      I. Background                                                              megawatts (MW) of installed capacity                                       on the date that the construction to
                                                                                                                                 under section 11.1 of its regulations.3                                    enable such capacity starts.6 Because
                                                        1. Section 10(e)(1) of the Federal                                                                                                                  this proposed rule affects only projects
                                                      Power Act (FPA),1 and section 3401 of                                         2. Currently, the Commission begins
                                                                                                                                 assessing these annual charges against                                     with respect to which annual charges
                                                      the Omnibus Budget Reconciliation Act                                                                                                                 are assessed when project construction
                                                                                                                                 licensees and exemptees with original
                                                      of 1986,2 require the Federal Energy                                                                                                                  starts, we will not further discuss state
                                                                                                                                 licenses or exemptions authorizing
                                                      Regulatory Commission (Commission)                                                                                                                    or municipal projects, projects that do
                                                                                                                                 unconstructed projects on the date
                                                      to, among other things, collect annual                                                                                                                not have installed capacity that exceeds
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                                                                                                                                 project construction starts.4 The
                                                      charges from licensees in order to                                         Commission also begins assessing                                           1.5 MW, or constructed projects without
                                                      reimburse the United States for the costs                                  annual charges for new capacity,                                           newly authorized capacity.7
                                                      of administering Part I of the FPA. The                                    authorized by a relicense 5 or an
                                                      Commission assesses these annual                                           amendment of a license or exemption,                                         6 18 CFR 11.1(c)(5) (2014). We refer to the

                                                      charges against licensees and exemptees                                                                                                               addition of capacity and a reduction of capacity (on
                                                      of projects with more than 1.5                                                                                                                        occasion, capacity is reduced as a result of
                                                                                                                                    3 18
                                                                                                                                       CFR 11.1 (2014).                                                     construction, in which case annual charges are
                                                                                                                                    4 Id.
                                                                                                                                        (c)(5).                                                             lowered) as ‘‘new capacity.’’
                                                          1 16   U.S.C. 803(e)(1) (2012).                                          5 We use the term ‘‘relicense’’ to refer to any new                        7 Licensees or exemptees that are state or
                                                          2 42   U.S.C. 7178 (2012).                                             or subsequent license.                                                     municipal entities are already not assessed annual



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Document Created: 2015-12-15 15:45:53
Document Modified: 2015-12-15 15:45:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesWritten comments must be received by July 21, 2015.
ContactBrian Baker, Project Manager, Division of Mechanical Engineering, Directorate for Laboratory Sciences, Office of Hazard Identification and Reduction, Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; telephone: 301-987- 2289; [email protected]
FR Citation80 FR 29555 
CFR AssociatedAdministrative Practice and Procedure; Consumer Protection; Imports; Labeling; Law Enforcement and Incorporation by Reference

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