81 FR 15427 - Safety Standard for Architectural Glazing Materials

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 81, Issue 56 (March 23, 2016)

Page Range		15427-15431
FR Document		2016-06523
The Consumer Product Safety Commission (``CPSC'' or ``Commission'') amends the Safety Standard for Architectural Glazing Materials to replace the testing procedures for glazing materials in certain architectural products with the testing procedures contained in the voluntary standard ANSI Z97.1-2015, American National Standard for Safety Glazing Materials Used in Buildings--Safety Performance Specifications and Methods of Test.
Federal Register, Volume 81 Issue 56 (Wednesday, March 23, 2016)
[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)]
[Rules and Regulations]
[Pages 15427-15431]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06523]


=======================================================================
-----------------------------------------------------------------------

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: Final rule.

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

SUMMARY: The Consumer Product Safety Commission (``CPSC'' or 
``Commission'') amends the Safety Standard for Architectural Glazing 
Materials to replace the testing procedures for glazing materials in 
certain architectural products with the testing procedures contained in 
the voluntary standard ANSI Z97.1-2015, American National Standard for 
Safety Glazing Materials Used in Buildings--Safety Performance 
Specifications and Methods of Test.

DATES: The rule is effective on April 22, 2016. The incorporation by 
reference of the publication listed in this rule is approved by the 
Director of the Federal Register as of April 22, 2016.

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

SUPPLEMENTARY INFORMATION:

I. Background

A. Safety Standard for Architectural Glazing Materials

    On January 6, 1977 (42 FR 1427), as amended on June 20, 1977 (42 FR 
31164), the Commission issued the Safety Standard for Architectural 
Glazing Materials under the Consumer Product Safety Act (``CPSA'') to 
reduce or eliminate risks of injuries associated with walking, running, 
or falling through or against glazing materials (``CPSC standard''). 
The standard applies to glazing materials used or intended for use in 
any of the following architectural products:
    (1) Storm doors or combination doors;
    (2) Doors (both exterior and interior);
    (3) Bathtub doors and enclosures;
    (4) Shower doors and enclosures; and
    (5) Sliding glass doors (patio-type).
    The standard applies to glazing materials and architectural 
products incorporating glazing materials that are produced or 
distributed for sale to or for the personal use, consumption or 
enjoyment of consumers in or around a permanent or temporary household 
or residence or in recreational, school, public, or other buildings or 
parts thereof. The standard was codified at 16 CFR part 1201.
    The standard exempts certain products, materials, and uses 
including: Wired glass used in doors or other assemblies to retard the 
passage of fire where such door or assembly is required by federal, 
state, local, or municipal fire ordinance; louvers of jalousie doors; 
and openings of doors through which a 3 inch diameter sphere is unable 
to pass. Carved glass, dalle glass, or leaded glass, which is used in 
doors and glazed panels are exempt if the glazing material meets all of 
the following criteria:
     The coloring, texturing, or other design qualities or 
components of the glazing material cannot be removed without destroying 
the material; and
     The primary purpose of such glazing is decorative or 
artistic; and
     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
     The glazing material, or assembly into which it is 
incorporated, is divided into segments by conspicuous and plainly 
visible lines.
    Other exempt materials include glazing materials used as curved 
glazed panels in revolving doors; and commercial refrigerator cabinet 
glazed doors. See, 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 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 FR 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. See, 16 CFR 
1201.4(a)(2).

B. Petition

    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 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 in 16 CFR 1201.4 were replaced with the ANSI 
standard because the ANSI test procedures are more efficient and 
modern, having been updated periodically, in contrast to the CPSC 
standard. On April 9, 2013, the Commission voted to grant the petition.

C. The Proposed Rule

    On May 22, 2015, the Commission published a notice of proposed 
rulemaking (``NPR'') in the Federal Register (80 FR 29555) to amend the 
Safety Standard for Architectural Glazing Materials (16 CFR part 1201). 
The NPR proposed 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\. The ANSI standard establishes 
specifications and methods of testing for the safety properties of 
glazing materials used for building and architectural purposes. The 
tests for safety glazing materials in the ANSI standard include impact, 
center punch fragmentation, thermal, weathering, indoor aging, 
hardness, and modulus tests.
    The NPR proposed to replace the CPSC test procedures in 16 CFR 
1201.4 with the ANSI Z97.1-2009[egr]\2\ to clarify the existing test 
procedures. The

[[Page 15428]]

clarifications included replacing obsolete ASTM standard references in 
the CPSC standard, 16 CFR 1201.4(b)(3)(ii), with current references, 
and replacing the impact test construction drawings in section 16 CFR 
1201.4(b), with larger and clearer construction assembly drawings in 
ANSI Z97.1-2009[egr]\2\. The NPR also proposed to clarify the method 
and number of specimens to be impact tested and the procedures for 
evaluating tempered glass by using a ``Center Punch Fragmentation 
Test,'' to provide a more accurate and efficient way of measuring 
potential failures from impact tests for tempered glass.
    ANSI Z97.1-2009[egr]\2\ provided three impact categories for 
testing: 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 NPR did not propose to modify the 
impact categories for testing. The CPSC standard provides only two 
impact categories, 150 foot-pound impact test (Category I) and 400 
foot-pound impact test (Category II), 16 CFR 1201.4(d). Accordingly, 
the NPR proposed to keep the CPSC standard's Category I and Category II 
test because these tests were the equivalent of the ANSI Class B test 
and Class A test, respectively. However, the Commission did not propose 
the Class C test in the ANSI Z97.1-2009[egr]\2\ standard because it was 
only applicable to fire-resistant wired glass, a product that is exempt 
from the CPSC standard.
    The Commission explained in the preamble to the NPR that the 
proposed amendment replacing the test procedures specified in the CPSC 
mandatory standard with the test procedures in the ANSI Z97.1-
2009[egr]\2\ standard would not involve a material change to the 
Commission's regulations at 16 CFR part 1201. 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.
    The Commission stated that the proposed amendment adopting the ANSI 
Z97.1-2009[egr]\2\ test procedures would not involve a material change 
that would alter the original basic purpose of the CPSC standard to 
assess the safety of architectural glazing materials because: (1) The 
ANSI Z97.1-2009[egr]\2\ test procedures, if adopted, would serve to 
clarify the existing test procedures and update outdated references to 
current test methods; (2) the proposed amendment would be unlikely to 
have an important or significant impact on the safety of consumers 
because testing to either standard provided consistent and comparable 
test results; and (3) the ANSI Z97.1-2009[egr]\2\ test procedures would 
not impose any additional burdens on the regulated industry and would 
result in less redundant, more efficient, and less costly testing of 
the architectural glazing materials.

D. Revised ANSI Standard

    When the NPR was published on May 22, 2015, ANSI Z97.1-
2009[egr]\2\, American National Standard for Safety Glazing Materials 
Used in Buildings--Safety Performance Specifications and Methods of 
Test was the voluntary standard in effect. In March 2015, a new version 
of ANSI Z97.1-2015 was approved and published on September 24, 2015. 
ANSI Z97.1-2015 contains updates to several sections of ANSI Z97.1-
2009[egr]\2\. The most significant update in ANSI Z97.1-2015 is that 
ANSI Z97.1-2015 removed the Class C impact category (100 ft-lb impact 
test) for fire-resistant wired glass. ANSI Z97.1-2015 now requires all 
safety glazing materials, including wired glass, to conform to Class A 
(400 ft-lb) or Class B (150 ft-lb) impact test requirements.
    In addition, ANSI Z97.1-2015 updates references and makes minor 
organizational and terminology changes. Other clarifications that were 
made to the test methods in ANSI Z97.1-2015 include the following:
     Removes the need for weathering tests for specimens 
constructed of laminated, organic coated or plastic glazings if certain 
criteria are met (4.6);
     specifies that laminated and organic-coated glazing 
optical measurements may be taken on an unexposed sample (4.6.2);
     specifies the evaluation criteria for shot bag impact 
procedures for glazing materials (5.1.4);
     clarifies the center punch fragmentation test and 
procedure on tempered glass specimens (flat glass and bent glass) and 
interpretation of results on tempered glass specimens and equipment 
(5.2-5.2.4);
     clarifies the procedure for thermal test for laminated and 
organic coated glazings (boil testing and bake testing) (5.3-5.3.3); 
and
     clarifies the procedure for weathering methods for 
laminated, organic-coated and plastic glazings (5.4-5.4.3).

II. Response to Comments on the Proposed Rule

    The Commission received nine comments on the NPR. Commenters 
include members of the Accredited Standards Committee of ANSI, 
Advocates for Safe Glass, the Glass Association of North America 
(``GANA''), Eastman Chemical Company, the SGCC, and SaftiFirst, Inc.

Incorporation by Reference

    All of the commenters support substituting the CPSC test procedures 
in 16 CFR part 1201 with the ANSI standard, if the Commission adopts 
the more recent ANSI Z97.1-2015 test procedures, rather than ANSI 
Z97.1-2009[egr]\2\. Several commenters request that the Commission not 
adopt a specific year version of the standard, but rather, adopt a more 
generic phrase, such as ``most current version'' of the ANSI standard, 
to ensure that the incorporation by reference always refers to the 
current version of the ANSI standard, rather than a specific version.

Response

    Although we recognize that the ANSI standard will be revised in the 
future, the Director of the Office of the Federal Register requires 
that publication of a document containing an incorporation by reference 
must specify the edition of the publication that is approved. The 
regulations governing incorporation by reference specifically provide 
that ``[i]ncorporation by reference of a publication is limited to the 
edition of the publication that is approved. Future amendments or 
revisions of the publication are not included.'' 1 CFR 51.1(f). 
Accordingly, the Commission cannot issue a rule that mandates ``the 
most current version'' of the ANSI standard, but rather, must identify 
the specific version of the standard. Therefore, the rule incorporates 
by reference the ANSI Z97.1-2015 version. If a new version is issued in 
the future, the Commission will consider revising the CPSC standard to 
refer to the updated ANSI standard at that time.

Class C Fire-Resistant Rated Wire Glass

    Many of the commenters state that the ANSI Z97.1-2015 version is an

[[Page 15429]]

improvement of the ANSI Z97.1-2009[egr]\2\ standard because the 2015 
version eliminates the testing of fire-resistant rated wire glass under 
a lower Class C impact test procedure. One commenter states that the 
scope of the materials covered by the CPSC standard is now congruent 
with ANSI Z97.1-2015 because wired glass is exempt from the CPSC 
standard. Another commenter states that the wired glass product causes 
serious and fatal injuries and that CPSC should not expand the scope of 
the exemption for wired glass by accepting a lower Class C requirement.

Response

    The current version of the ANSI standard, ANSI Z97.1-2015, 
eliminates the testing of fire-resistant wired glass under a lower 
Class C impact test procedure. The CPSC standard exempts fire-resistant 
wired glass. The scope of the exemption for the wired glass under 16 
CFR 1201.1(c)(1) has always been narrow: First, the wired glass must be 
used in a door (or other assembly subject to the rule); second, the 
wired glass must be used ``to retard the passage of fire'' and third, 
the particular use of the wired glass must be required by a federal, 
state, local, or municipal fire ordinance. Thus, the use of wired 
glass, even in fire doors, is not automatically permitted in all 
locations or all jurisdictions. Rather, it must be demonstrated that 
the particular use is required by law for fire safety.
    The Commission believes that the architectural glazing industry is 
evolving and that the industry is developing technology to improve 
glazing materials so that they can meet the ANSI Z97.1-2015 Class A and 
Class B impact tests. To give the industry adequate time to comply with 
the new testing requirements, including fire-resistant wired glass, the 
Commission will not remove the exemption in the CPSC standard at this 
time. Accordingly, the Commission will continue to exempt fire-
resistant wired glass under the current exemption under the 
circumstances set forth in 16 CFR 1201.1(c)(1). However, the Commission 
finds that additional clarification is necessary to reduce confusion 
regarding the terminology for impact categories used by ANSI and the 
CPSC. As stated, 16 CFR 1201.4(d) provides two impact categories, 150 
foot-pound impact test (Category I) and 400 foot-pound impact test 
(Category II). ANSI Z97.1-2015 does not use the same terms, but 
instead, uses terms ``Class A'' and ``Class B'' to delineate impact 
test drop height requirements. Category I products are impact-tested to 
the drop height requirement applicable to Class B products (18 inches 
to 18.5 inches), and Category II products are tested to the same height 
applicable to Class A products (48 inches to 48.5 inches). The Category 
1 test is the equivalent to the Class B test (18 inches is 1.5 ft--1.5 
ft x 100 lbs = 150 ft-lb), and the Category II test is the equivalent 
of the Class A test (48 inches is 4 ft--4 ft x 100 lbs = 400 ft-lb). To 
make sure that the references to the impact tests are consistent, the 
rule modifies the existing definitions under 16 CFR 1201.2(a)(3) and 
(4) to add the words ``Class B'' with ``Category I'' and ``Class A'' 
with ``Category II.''

Other Clarifications

    Several commenters note that ANSI Z97.1-2015 makes a number of 
substantive changes to the 2009 edition. The commenters state that, in 
addition to eliminating the Class C test category, ANSI Z97.1-2015 
clarifies provisions in the weathering section (deleting and updating 
obsolete references and procedures), adds a bake test as an alternative 
to the boil test for thermal testing of laminated and organic coated 
glazings, and clarifies glass-shard contaminant for laminated and 
organic-coated glazings after impact testing.

Response

    The Commission finds that the revisions made in ANSI Z97.1-2015 
further clarify the ANSI test procedures by specifying the specimens 
used, and the criteria for when testing is not needed. The weathering 
tests do not affect the exemptions that are provided under 16 CFR 
1201.1 for an accelerated environmental durability test for plastic 
glazing materials intended for outdoor exposure, as well as a modulus 
of elasticity test, a harness test, and an indoor aging test applicable 
to plastic glazing materials. The other changes help clarify language 
or more clearly set out procedures for testing. For example, the shot 
bag impact procedure is made clearer by setting forth evaluation 
criteria to assess the results of impact tests of glazing materials. 
The procedure for the center punch fragmentation test is made clearer 
by setting forth the procedure for flat glass separately from bent 
glass. Similarly, the boil test for laminated glass has been modified 
to change ``boil'' to ``thermal'' to reflect that the test may be 
conducted by either a heating chamber or boiling water and includes a 
bake test. These clarifications are consistent with the weathering 
tests in the CPSC standard under 16 CFR 1201.4(c)(3)(i), but they also 
add specificity and clarity to the tests. Accordingly, the additional 
revisions clarifying the test procedures in the ANSI Z97.1-2015 
standard would not result in a material change to the testing 
requirements under 16 CFR 1201.4, because the basic purpose and 
provisions of the test methods in the standard are consistent with ANSI 
Z97.1-2015.

III. Impact on Small Businesses

    In the NPR, the Commission certified that the proposed rule would 
not have a significant economic impact on a substantial number for 
small entities under the Regulatory Flexibility Act (``RFA''). 5 U.S.C. 
601-612. The Commission did not receive any comments regarding this 
certification. For the final rule, the Commission's Directorate for 
Economic Analysis reviewed the potential economic impact of adopting 
the updated ANSI Z97.1-2015 test procedures on small entities, 
including small businesses.
    In the NPR, staff's review of the ANSI Z97.1-2009[egr]\2\ standard 
showed that adopting the ANSI standard would not have a significant 
impact on a substantial number of small entities, and that 
manufacturers who currently test to both the ANSI standard and the CPSC 
standard will probably experience a cost neutral impact or a decrease 
in testing and certification costs. 80 FR 29560. Staff's review of the 
revisions to ANSI Z97.1-2015, and staff's review of the industry after 
the issuance of the NPR, indicate that the changes to the standard will 
not impact the testing or certification requirements for the small 
manufacturers, nor will the revisions change the rates of compliance 
with the CPSC standard or the ANSI standard.
    In the NPR, staff's review showed that 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\, and seven products (0.4%) 
were certified solely to 16 CFR part 1201. A review of manufacturers 
from GANA's membership not participating in the SGCC program indicated 
that of the 35 manufacturers that provided certification information, 
32 manufacturers certified their products to both standards, and three 
manufacturers listed certification to 16 CFR part 1201 only. The NPR 
noted that of the 104 small domestic manufacturers, 102 certified their 
products to both standards, while only two certified solely to 16 CFR 
part 1201. 80 FR 29560.
    Since the NPR, staff has reviewed the most recent data. As of 
November 23, 2015, of the products certified through SGCC, 99 percent 
or 2,047 products were certified to both the ANSI standard

[[Page 15430]]

and 16 CFR part 1201. Only 17 products (<1%) were certified solely to 
the ANSI standard, and no products were certified solely to 16 CFR part 
1201. SGCC began testing to ANSI Z97.1-2015 upon publication of the 
standard, but SGCC did not require labs and manufacturers to conform to 
the updated testing protocol until January 2016. A review of 
manufacturers from GANA's membership who are not participating in the 
SGCC program indicated that of the 36 manufacturers that provided 
certification information, 34 manufacturers certified their products to 
both standards, and two manufacturers listed certification to 16 CFR 
part 1201 only. Regarding the small domestic manufacturers, all claim 
to certify their products to both standards. Accordingly, the number of 
products certified to both standards (99%) has remained consistent. The 
data continue to show that the vast number of products are certified to 
both standards, and all small domestic manufacturers for which 
information on certification was available, certify their products to 
both standards.
    The expected impact of the final rule is to reduce the costs of 
certification for most manufacturers. All identified small 
manufacturers currently test to both the voluntary standard and the 
CPSC standard and will probably experience a decrease in testing and 
certification costs because they only would need to follow one testing 
protocol to certify to both standards. The number of samples a 
manufacturer needs to fabricate for testing also will be reduced, thus 
reducing certification costs. In addition, for manufacturers that 
contract out their testing, shipping costs will be reduced due to the 
smaller number of samples shipped. Accordingly, the Commission 
certifies that this rule will not have significant economic impact on a 
substantial number of small entities under section 605(b) of the RFA.

IV. Final Rule

    After considering the comments, the Commission finds that the ANSI 
Z97.1-2015 test procedures, if adopted, would further clarify the test 
procedures that were established in ANSI Z97.1-2009[egr]\2\. ANSI 
Z97.1-2015 removed the Class C impact test for fire-resistant wired 
glass. However, that revision did not result in a material change to 
the Commission's regulations at 16 CFR part 1201 because fire-resistant 
wired glass is currently exempt under the Commission regulations, 16 
CFR 1201.1(c).
    The other clarifications made in the ANSI Z97.1-2015 would not 
involve a material change that would alter the original basic purpose 
of the CPSC standard to assess the safety of architectural glazing 
materials. The revisions made to the ANSI Z97.1-2015 test procedures 
are consistent with the provisions underlying the CPSC standard and 
provide consistent and comparable test results. The ANSI Z97.1-2015 
test procedures clarify the existing test procedures and update 
outdated references to current test methods. Adopting the ANSI Z97.1-
2015 test procedures will not impose any additional burdens on the 
regulated industry because almost all of the industry already certifies 
their products to both the CPSC standard and the ANSI standard. In 
fact, the Commission finds that adopting the ANSI Z97.1-2015 test 
procedures will result in more efficient and less costly testing of 
architectural glazing materials for manufacturers.
    Accordingly, the Commission revises 16 CFR 1201.4 to require 
architectural glazing products to be tested in accordance with all of 
the applicable test provisions of ANSI Z97.1-2015, except for the 
exemptions provided in 16 CFR 1201.1(c) and (d). Furthermore, the 
Commission removes Figures 1 through 5 in Subpart A of Part 1201, which 
have been replaced in ANSI Z97.1-2015 with larger and clearer drawings.
    In addition, to provide clarity regarding the impact test 
procedures, the Commission is revising the definitions in 16 CFR 1201.2 
to align the Category I and Category II impact tests with the Class B 
and Class A impact tests in ANSI Z97.1-2015. Accordingly, 16 CFR 
1201.2(a)(3) and (4) is amended to add ``Class B'' to Category I and 
``Class A'' to Category II in the definitions.

V. 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 Commission does not expect the rule 
to have any adverse impact on the environment under this categorical 
exclusion. Moreover, the rule will decrease the number of samples that 
most manufacturers are required to test, and likely will 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.

VI. Paperwork Reduction Act

    This rule would not impose any information collection requirements. 
Accordingly, this rule is not subject to the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501-3520).

VII. 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 applies to any rule issued under section 9(h).

VIII. 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). No 
comments were received on the effective date. Accordingly, the final 
rule will take effect 30 days after publication of a final rule.

IX. Incorporation by Reference

    The OFR has regulations concerning incorporation by reference. 1 
CFR part 51. The OFR recently revised these regulations to require 
that, for a final rule, agencies must discuss, in the preamble of the 
rule, ways that the materials the agency incorporates by reference are 
reasonably available to interested persons and how interested parties 
can obtain the materials. In addition, the preamble to the final rule 
must summarize the material. 1 CFR 51.5(a).
    In accordance with the OFR's requirements, section I of this 
preamble summarizes the ANSI Z97.1-2015 standard that the Commission 
incorporates by reference into 16 CFR part 1201. Interested persons may 
purchase a copy of ANSI Z97.1-2015 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://asc-z97-store.myshopify.com/products/ansi-z97-1-2015-version-clean-copy. A copy of the standard can also be

[[Page 15431]]

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.

List of Subjects in 16 CFR Part 1201

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

    For the reasons stated in the preamble, the Commission amends 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)


0
2. Amend Sec.  1201.2 by revising paragraphs (a)(3) introductory text 
and (a)(4) introductory text to read as follows:


Sec.  1201.2  Definitions.

    (a) * * *
    (3) Category I products (Class B) means any of the following 
Architectural products:
* * * * *
    (4) Category II products (Class A) means any of the following 
architectural products:
* * * * *

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


Sec.  1201.4  Test procedures.

    Except as provided in Sec. Sec.  1201.1(c) and (d), architectural 
glazing products shall be tested in accordance with all of the 
applicable test provisions of ANSI Z97.1-2015 ``American National 
Standard for Safety Glazing Materials Used in Building--Safety 
Performance Specifications and Methods of Test,'' approved March 2015. 
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.

Figures 1--5 to Subpart A of Part 1201 [Removed]

0
4. Remove Figures 1 through 5 to subpart A of part 1201.

    Dated: March 18, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2016-06523 Filed 3-22-16; 8:45 am]
 BILLING CODE 6355-01-P
Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Rules and Regulations 15427

unit(s) will serve as the new expected 31164), the Commission issued the portions of the standard that prescribed
BEP flow rate and the unit(s) will be Safety Standard for Architectural requirements for ‘‘glazed panels’’ (45 FR
retested until such time as the measured Glazing Materials under the Consumer 67383, August 28, 1980); an accelerated
rate of flow (flow rate) at BEP and Product Safety Act (‘‘CPSA’’) to reduce environmental durability test for plastic
nominal speed of rotation is within 5 or eliminate risks of injuries associated glazing materials intended for outdoor
percent of the expected BEP flow rate. with walking, running, or falling exposure (45 FR 66002, October 6,
(2) DOE will test each pump unit through or against glazing materials 1980); and a modulus of elasticity test,
according to the test method specified (‘‘CPSC standard’’). The standard a harness test, and an indoor aging test
by the manufacturer in the certification applies to glazing materials used or applicable to plastic glazing materials
report submitted pursuant to intended for use in any of the following (47 FR 27853, June 28, 1982). 16 CFR
§ 429.59(b). architectural products: 1201.1(d) n.1. Tempered glass, wired
Issued in Washington, DC, on March 15, (1) Storm doors or combination doors; glass, and annealed glass are also
2016. (2) Doors (both exterior and interior); exempt from the accelerated
(3) Bathtub doors and enclosures; environmental durability tests. See, 16
Kathleen Hogan,
(4) Shower doors and enclosures; and CFR 1201.4(a)(2).
Deputy Assistant Secretary for Energy (5) Sliding glass doors (patio-type).
Efficiency, Energy Efficiency and Renewable The standard applies to glazing B. Petition
Energy.
materials and architectural products On June 26, 2012, the Commission
[FR Doc. 2016–06580 Filed 3–22–16; 8:45 am] incorporating glazing materials that are received a petition from the Safety
BILLING CODE 6450–01–P produced or distributed for sale to or for Glazing Certification Council (‘‘SGCC’’
the personal use, consumption or or ‘‘petitioner’’) requesting that the
enjoyment of consumers in or around a Commission initiate rulemaking to
CONSUMER PRODUCT SAFETY permanent or temporary household or replace the testing procedures for
COMMISSION residence or in recreational, school, glazing materials in certain architectural
public, or other buildings or parts products set forth in 16 CFR 1201.4 with
16 CFR Part 1201 thereof. The standard was codified at 16 the testing procedures contained in the
[CPSC Docket No. CPSC–2012–0049] CFR part 1201. voluntary standard, ANSI Z97.1–2009ε2,
The standard exempts certain American National Standard for Safety
Safety Standard for Architectural products, materials, and uses including: Glazing Materials Used in Buildings—
Glazing Materials Wired glass used in doors or other Safety Performance Specifications and
assemblies to retard the passage of fire Methods of Test (the ANSI standard).
AGENCY: Consumer Product Safety where such door or assembly is required SGCC stated that consumers and the
Commission. by federal, state, local, or municipal fire glazing industry would be better served
ACTION: Final rule. ordinance; louvers of jalousie doors; and if the test procedures for glazing
openings of doors through which a 3 materials used in architectural products
SUMMARY: The Consumer Product Safety
inch diameter sphere is unable to pass. in 16 CFR 1201.4 were replaced with
Commission (‘‘CPSC’’ or ‘‘Commission’’)
Carved glass, dalle glass, or leaded glass, the ANSI standard because the ANSI
amends the Safety Standard for
which is used in doors and glazed test procedures are more efficient and
Architectural Glazing Materials to
panels are exempt if the glazing material modern, having been updated
replace the testing procedures for
meets all of the following criteria: periodically, in contrast to the CPSC
glazing materials in certain architectural
• The coloring, texturing, or other standard. On April 9, 2013, the
products with the testing procedures
design qualities or components of the Commission voted to grant the petition.
contained in the voluntary standard
glazing material cannot be removed
ANSI Z97.1–2015, American National C. The Proposed Rule
without destroying the material; and
Standard for Safety Glazing Materials • The primary purpose of such On May 22, 2015, the Commission
Used in Buildings—Safety Performance glazing is decorative or artistic; and published a notice of proposed
Specifications and Methods of Test. • The glazing material is rulemaking (‘‘NPR’’) in the Federal
DATES: The rule is effective on April 22, conspicuously colored or textured so as Register (80 FR 29555) to amend the
2016. The incorporation by reference of to be plainly visible and plainly Safety Standard for Architectural
the publication listed in this rule is identifiable as aesthetic or decorative Glazing Materials (16 CFR part 1201).
approved by the Director of the Federal rather than functional (other than for the The NPR proposed to replace the testing
Register as of April 22, 2016. purpose of admitting or controlling procedures for glazing materials in
FOR FURTHER INFORMATION CONTACT: admission of light components or heat certain architectural products, set forth
Brian Baker, Project Manager, Division and cold); and in 16 CFR 1201.4, with the testing
of Mechanical Engineering, Directorate • The glazing material, or assembly procedures contained in the voluntary
for Laboratory Sciences, Office of into which it is incorporated, is divided standard, ANSI Z97.1–2009ε2. The ANSI
Hazard Identification and Reduction, into segments by conspicuous and standard establishes specifications and
Consumer Product Safety Commission, plainly visible lines. methods of testing for the safety
5 Research Place, Rockville, MD 20850; Other exempt materials include properties of glazing materials used for
telephone: 301–987–2289; bbaker@ glazing materials used as curved glazed building and architectural purposes.
cpsc.gov. panels in revolving doors; and The tests for safety glazing materials in
commercial refrigerator cabinet glazed the ANSI standard include impact,
jstallworth on DSK7TPTVN1PROD with RULES

SUPPLEMENTARY INFORMATION:
doors. See, 16 CFR 1201.1(c). center punch fragmentation, thermal,
I. Background On September 27, 1978, (43 FR weathering, indoor aging, hardness, and
43704), the Commission amended the modulus tests.
A. Safety Standard for Architectural standard to clarify the definitions, The NPR proposed to replace the
Glazing Materials description of test apparatus, and test CPSC test procedures in 16 CFR 1201.4
On January 6, 1977 (42 FR 1427), as procedures in the standard. The with the ANSI Z97.1–2009ε2 to clarify
amended on June 20, 1977 (42 FR Commission subsequently revoked the existing test procedures. The

VerDate Sep<11>2014 15:23 Mar 22, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\23MRR1.SGM 23MRR1
15428 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Rules and Regulations

clarifications included replacing otherwise required for the amendment on tempered glass specimens and
obsolete ASTM standard references in of a consumer product safety rule. equipment (5.2–5.2.4);
the CPSC standard, 16 CFR The Commission stated that the • clarifies the procedure for thermal
1201.4(b)(3)(ii), with current references, proposed amendment adopting the test for laminated and organic coated
and replacing the impact test ANSI Z97.1–2009ε2 test procedures glazings (boil testing and bake testing)
construction drawings in section 16 CFR would not involve a material change (5.3–5.3.3); and
1201.4(b), with larger and clearer that would alter the original basic • clarifies the procedure for
construction assembly drawings in purpose of the CPSC standard to assess weathering methods for laminated,
ANSI Z97.1–2009ε2. The NPR also the safety of architectural glazing organic-coated and plastic glazings (5.4–
proposed to clarify the method and materials because: (1) The ANSI Z97.1– 5.4.3).
number of specimens to be impact 2009ε2 test procedures, if adopted,
II. Response to Comments on the
tested and the procedures for evaluating would serve to clarify the existing test
Proposed Rule
tempered glass by using a ‘‘Center procedures and update outdated
Punch Fragmentation Test,’’ to provide references to current test methods; (2) The Commission received nine
a more accurate and efficient way of the proposed amendment would be comments on the NPR. Commenters
measuring potential failures from unlikely to have an important or include members of the Accredited
impact tests for tempered glass. significant impact on the safety of Standards Committee of ANSI,
ANSI Z97.1–2009ε2 provided three consumers because testing to either Advocates for Safe Glass, the Glass
impact categories for testing: A 400 foot- standard provided consistent and Association of North America
pound impact test (Class A); a 150 foot- comparable test results; and (3) the (‘‘GANA’’), Eastman Chemical
pound impact test (Class B); and a 100 ANSI Z97.1–2009ε2 test procedures Company, the SGCC, and SaftiFirst, Inc.
foot-pound impact test (Class C) for fire- would not impose any additional Incorporation by Reference
resistant wired glass. The NPR did not burdens on the regulated industry and
would result in less redundant, more All of the commenters support
propose to modify the impact categories substituting the CPSC test procedures in
for testing. The CPSC standard provides efficient, and less costly testing of the
architectural glazing materials. 16 CFR part 1201 with the ANSI
only two impact categories, 150 foot- standard, if the Commission adopts the
pound impact test (Category I) and 400 D. Revised ANSI Standard more recent ANSI Z97.1–2015 test
foot-pound impact test (Category II), 16 procedures, rather than ANSI Z97.1–
When the NPR was published on May
CFR 1201.4(d). Accordingly, the NPR 2009ε2. Several commenters request that
22, 2015, ANSI Z97.1–2009ε2, American
proposed to keep the CPSC standard’s the Commission not adopt a specific
National Standard for Safety Glazing
Category I and Category II test because year version of the standard, but rather,
Materials Used in Buildings—Safety
these tests were the equivalent of the adopt a more generic phrase, such as
Performance Specifications and
ANSI Class B test and Class A test, ‘‘most current version’’ of the ANSI
Methods of Test was the voluntary
respectively. However, the Commission standard, to ensure that the
standard in effect. In March 2015, a new
did not propose the Class C test in the incorporation by reference always refers
version of ANSI Z97.1–2015 was
ANSI Z97.1–2009ε2 standard because it to the current version of the ANSI
approved and published on September
was only applicable to fire-resistant standard, rather than a specific version.
24, 2015. ANSI Z97.1–2015 contains
wired glass, a product that is exempt
updates to several sections of ANSI Response
from the CPSC standard.
Z97.1–2009ε2. The most significant
The Commission explained in the update in ANSI Z97.1–2015 is that Although we recognize that the ANSI
preamble to the NPR that the proposed ANSI Z97.1–2015 removed the Class C standard will be revised in the future,
amendment replacing the test impact category (100 ft-lb impact test) the Director of the Office of the Federal
procedures specified in the CPSC for fire-resistant wired glass. ANSI Register requires that publication of a
mandatory standard with the test Z97.1–2015 now requires all safety document containing an incorporation
procedures in the ANSI Z97.1–2009ε2 glazing materials, including wired glass, by reference must specify the edition of
standard would not involve a material to conform to Class A (400 ft-lb) or Class the publication that is approved. The
change to the Commission’s regulations B (150 ft-lb) impact test requirements. regulations governing incorporation by
at 16 CFR part 1201. Under section 9(h) In addition, ANSI Z97.1–2015 reference specifically provide that
of the CPSA, if an amendment of a updates references and makes minor ‘‘[i]ncorporation by reference of a
consumer product safety rule ‘‘involves organizational and terminology changes. publication is limited to the edition of
a material change,’’ 15 U.S.C. 2058(h), Other clarifications that were made to the publication that is approved. Future
the Commission must make certain the test methods in ANSI Z97.1–2015 amendments or revisions of the
findings, including a finding that the include the following: publication are not included.’’ 1 CFR
amendment is ‘‘reasonably necessary to • Removes the need for weathering 51.1(f). Accordingly, the Commission
prevent or reduce an unreasonable risk tests for specimens constructed of cannot issue a rule that mandates ‘‘the
of injury associated with such product’’; laminated, organic coated or plastic most current version’’ of the ANSI
the expected benefits of the amended glazings if certain criteria are met (4.6); standard, but rather, must identify the
rule ‘‘bear a reasonable relationship to • specifies that laminated and specific version of the standard.
its costs’’; and the amended rule organic-coated glazing optical Therefore, the rule incorporates by
imposes ‘‘the least burdensome measurements may be taken on an reference the ANSI Z97.1–2015 version.
requirement which prevents or unexposed sample (4.6.2); If a new version is issued in the future,
jstallworth on DSK7TPTVN1PROD with RULES

adequately reduces the risk of injury for • specifies the evaluation criteria for the Commission will consider revising
which the rule is being promulgated.’’ shot bag impact procedures for glazing the CPSC standard to refer to the
Id. §§ 2056(a); 2058(a)–(g). If the materials (5.1.4); updated ANSI standard at that time.
amendment does not constitute ‘‘a • clarifies the center punch
material change’’ for purposes of section fragmentation test and procedure on Class C Fire-Resistant Rated Wire Glass
9(h) of the CPSA, the Commission is not tempered glass specimens (flat glass and Many of the commenters state that the
required to make the findings that are bent glass) and interpretation of results ANSI Z97.1–2015 version is an

VerDate Sep<11>2014 15:23 Mar 22, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\23MRR1.SGM 23MRR1
15430 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Rules and Regulations

and 16 CFR part 1201. Only 17 products standard to assess the safety of the Paperwork Reduction Act of 1995
(<1%) were certified solely to the ANSI architectural glazing materials. The (44 U.S.C. 3501–3520).
standard, and no products were certified revisions made to the ANSI Z97.1–2015
VII. Executive Order 12988
solely to 16 CFR part 1201. SGCC began test procedures are consistent with the
(Preemption)
testing to ANSI Z97.1–2015 upon provisions underlying the CPSC
publication of the standard, but SGCC standard and provide consistent and Section 26(a) of the CPSA, 15 U.S.C.
did not require labs and manufacturers comparable test results. The ANSI 2075(a), provides that when a consumer
to conform to the updated testing Z97.1–2015 test procedures clarify the product safety standard under this Act
protocol until January 2016. A review of existing test procedures and update is in effect and applies to a risk of injury
manufacturers from GANA’s outdated references to current test associated with a consumer product, no
membership who are not participating methods. Adopting the ANSI Z97.1– state or political subdivision of a state
in the SGCC program indicated that of 2015 test procedures will not impose may either establish or continue in
the 36 manufacturers that provided any additional burdens on the regulated effect any provision of a safety standard
certification information, 34 industry because almost all of the or regulation which prescribes any
manufacturers certified their products to industry already certifies their products requirements as to the performance,
both standards, and two manufacturers to both the CPSC standard and the ANSI composition, contents, design, finish,
listed certification to 16 CFR part 1201 standard. In fact, the Commission finds construction, packaging, or labeling of
only. Regarding the small domestic that adopting the ANSI Z97.1–2015 test such product, which are designed to
manufacturers, all claim to certify their procedures will result in more efficient deal with the same risk of injury
products to both standards. and less costly testing of architectural associated with such consumer product,
Accordingly, the number of products glazing materials for manufacturers. unless such requirements are identical
certified to both standards (99%) has Accordingly, the Commission revises to the requirements of the federal
remained consistent. The data continue 16 CFR 1201.4 to require architectural standard. Section 9(h) of the CPSA
to show that the vast number of glazing products to be tested in provides that the Commission may by
products are certified to both standards, accordance with all of the applicable rule amend any consumer product
and all small domestic manufacturers test provisions of ANSI Z97.1–2015, safety rule. Therefore, the preemption
for which information on certification except for the exemptions provided in provision of section 26(a) of the CPSA
was available, certify their products to 16 CFR 1201.1(c) and (d). Furthermore, applies to any rule issued under section
both standards. the Commission removes Figures 1 9(h).
The expected impact of the final rule through 5 in Subpart A of Part 1201,
VIII. Effective Date
is to reduce the costs of certification for which have been replaced in ANSI
most manufacturers. All identified small Z97.1–2015 with larger and clearer The APA generally requires that the
manufacturers currently test to both the drawings. effective date of a rule be at least 30
voluntary standard and the CPSC In addition, to provide clarity days after publication of a final rule. 5
standard and will probably experience a regarding the impact test procedures, U.S.C. 553(d). No comments were
decrease in testing and certification the Commission is revising the received on the effective date.
costs because they only would need to definitions in 16 CFR 1201.2 to align the Accordingly, the final rule will take
follow one testing protocol to certify to Category I and Category II impact tests effect 30 days after publication of a final
both standards. The number of samples with the Class B and Class A impact rule.
a manufacturer needs to fabricate for tests in ANSI Z97.1–2015. Accordingly, IX. Incorporation by Reference
testing also will be reduced, thus 16 CFR 1201.2(a)(3) and (4) is amended
reducing certification costs. In addition, to add ‘‘Class B’’ to Category I and The OFR has regulations concerning
for manufacturers that contract out their ‘‘Class A’’ to Category II in the incorporation by reference. 1 CFR part
testing, shipping costs will be reduced definitions. 51. The OFR recently revised these
due to the smaller number of samples regulations to require that, for a final
shipped. Accordingly, the Commission V. Environmental Considerations rule, agencies must discuss, in the
certifies that this rule will not have Generally, the Commission’s preamble of the rule, ways that the
significant economic impact on a regulations are considered to have little materials the agency incorporates by
substantial number of small entities or no potential for affecting the human reference are reasonably available to
under section 605(b) of the RFA. environment, and environmental interested persons and how interested
assessments and impact statements are parties can obtain the materials. In
IV. Final Rule not usually required. See 16 CFR addition, the preamble to the final rule
After considering the comments, the 1021.5(a). The Commission does not must summarize the material. 1 CFR
Commission finds that the ANSI Z97.1– expect the rule to have any adverse 51.5(a).
2015 test procedures, if adopted, would impact on the environment under this In accordance with the OFR’s
further clarify the test procedures that categorical exclusion. Moreover, the requirements, section I of this preamble
were established in ANSI Z97.1–2009ε2. rule will decrease the number of summarizes the ANSI Z97.1–2015
ANSI Z97.1–2015 removed the Class C samples that most manufacturers are standard that the Commission
impact test for fire-resistant wired glass. required to test, and likely will lead to incorporates by reference into 16 CFR
However, that revision did not result in a small, beneficial effect on the part 1201. Interested persons may
a material change to the Commission’s environment because waste produced purchase a copy of ANSI Z97.1–2015
regulations at 16 CFR part 1201 because by the manufacture of excess samples, from the following address. Attn: ANSI
jstallworth on DSK7TPTVN1PROD with RULES

fire-resistant wired glass is currently and the transport of those samples, will Customer Service Department, 25 W.
exempt under the Commission be reduced. 43rd Street, 4th Floor, New York, NY
regulations, 16 CFR 1201.1(c). 10036. The standard is also available for
The other clarifications made in the VI. Paperwork Reduction Act purchase from ANSI’s Web site: http://
ANSI Z97.1–2015 would not involve a This rule would not impose any asc-z97-store.myshopify.com/products/
material change that would alter the information collection requirements. ansi-z97-1-2015-version-clean-copy. A
original basic purpose of the CPSC Accordingly, this rule is not subject to copy of the standard can also be

VerDate Sep<11>2014 15:23 Mar 22, 2016 Jkt 238001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\23MRR1.SGM 23MRR1
Document Created: 2016-03-23 00:03:44
Document Modified: 2016-03-23 00:03:44
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		The rule is effective on April 22, 2016. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of April 22, 2016.
Contact		Brian Baker, Project Manager, Division of Mechanical Engineering, Directorate for Laboratory Sciences, Office of Hazard Identification and Reduction, Consumer Product Safety Commission, 5 Research Place, Rockville, MD 20850; telephone: 301-987- 2289; [email protected]
FR Citation		81 FR 15427
CFR Associated		Administrative Practice and Procedure; Consumer Protection; Imports; Incorporation by Reference; Labeling and Law Enforcement