83 FR 32566 - Safety Standard for Automatic Residential Garage Door Operators

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 83, Issue 135 (July 13, 2018)

Page Range		32566-32579
FR Document		2018-14909

The Consumer Product Safety Commission (Commission, or CPSC) is amending its regulation, Safety Standard for Automatic Residential Garage Door Operators, to reflect changes made by Underwriters Laboratories, Inc. (UL), in the entrapment protection provisions in UL's standard UL 325, Standard for Safety: Door, Drapery, Gate, Louver, and Window Operators and Systems, Seventh Edition.

Federal Register, Volume 83 Issue 135 (Friday, July 13, 2018)

[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Rules and Regulations]
[Pages 32566-32579]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14909]



[[Page 32566]]

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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1211

[Docket No. CPSC-2015-0025]


Safety Standard for Automatic Residential Garage Door Operators

AGENCY: U.S. Consumer Product Safety Commission.

ACTION: Direct final rule.

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

SUMMARY: The Consumer Product Safety Commission (Commission, or CPSC) 
is amending its regulation, Safety Standard for Automatic Residential 
Garage Door Operators, to reflect changes made by Underwriters 
Laboratories, Inc. (UL), in the entrapment protection provisions in 
UL's standard UL 325, Standard for Safety: Door, Drapery, Gate, Louver, 
and Window Operators and Systems, Seventh Edition.

DATES: The rule is effective on September 11, 2018, unless we receive 
significant adverse comment by August 13, 2018. If we receive timely 
significant adverse comments, we will publish notification in the 
Federal Register, withdrawing this direct final rule before its 
effective date. The incorporation by reference of the publications 
listed in this rule is approved by the Director of the Federal Register 
as of September 11, 2018.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2015-
0025, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: 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 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 document. All comments received may be 
posted without change, including any personal identifiers, contact 
information, or other personal information provided, to: 
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: www.regulations.gov, and insert the docket 
number CPSC-2015-0025, into the ``Search'' box, and follow the prompts.

FOR FURTHER INFORMATION CONTACT: Troy W. Whitfield, Lead Compliance 
Officer, Office of Compliance, Consumer Product Safety Commission, 4330 
East West Highway, Bethesda, MD 20814-4408; Telephone (301) 504-7548 or 
email: twhitfield@cpsc.gov.

SUPPLEMENTARY INFORMATION: 

A. Background

    The Commission has regulations for residential garage door 
operators (GDOs) to protect consumers from the risk of entrapment. 16 
CFR part 1211. The Commission first issued the GDO standard in 1991, as 
required by the Consumer Product Safety Improvement Act of 1990 
(Improvement Act), Public Law 101-608. Section 203 of the Improvement 
Act mandated that the entrapment protection requirements of the 1988 
version of UL's 325, Third Edition, ``Door, Drapery, Louver and Window 
Operators and Systems,'' be considered a consumer product safety rule 
under the Consumer Product Safety Act. Section 203(c) of the 
Improvement Act established procedures for the Commission to revise the 
Commission's GDO standard. When UL revises the entrapment protection 
requirements of UL 325, UL must notify the Commission of the revision, 
and that revision ``shall be incorporated in the consumer product 
safety rule . . . unless, within 30 days of such notice, the Commission 
notifies [UL] that the Commission has determined that such revision 
does not carry out the purposes of subsection (b) [of section 203 of 
the Improvement Act, which mandated the UL 325 entrapment protection 
requirements initially]. As provided in the Improvement Act, the 
Commission has revised the GDO standard after UL has notified the 
Commission of changes to UL 325's entrapment protection requirements 
several times in the past.
    The mandatory rule (16 CFR part 1211) primarily requires that all 
residential GDOs sold in the United States have an inherent reversing 
mechanism capable of reversing the motion of a moving garage door 
within 2 seconds, to reduce the risk of entrapment. This system is 
known as an ``inherent system'' because it is physically located within 
the housing of the GDO. In addition, the rule requires that the 
operator shall be provided with a means for connection of an external 
entrapment-sensing device. Most GDOs on the market today use an 
electric eye as the external entrapment-sensing device. The purpose of 
this device is to monitor the area under the garage door to detect 
people who might become entrapped by the garage door. The standard also 
allows a device, known as a ``door edge sensor,'' similar to the 
sensors used on elevator doors, or allows for any other device that 
provides equivalent protection. These devices are known as ``external 
entrapment-sensing devices'' because they are located outside the 
housing of the GDO.
    In addition, the rule requires all GDOs to have a device referred 
to as a ``30-second clock.'' The 30-second clock is a back-up device 
that reopens the door if the door cannot close completely within 30 
seconds, as would be the case when a person becomes entrapped by the 
door. The 30-second clock is a back-up to the primary, 2-second 
inherent entrapment system.
    The rule also requires that every GDO be equipped with a ``means to 
manually detach the door operator from the door.'' This requirement 
enables a person to detach the operator from the door quickly if a 
person becomes entrapped under the door. For most garage doors, the 
means of detachment occurs by pulling on a red handle that hangs below 
the GDO.
    The Commission last updated the mandatory rule in 2016, to reflect 
changes made to the entrapment protection provisions of UL 325 up to 
that time.

B. Changes to UL 325

    Since the last update of the mandatory rule in 2016, there have 
been three published revisions of the voluntary standard, UL 325, 
including publication of the Seventh Edition in May 2017.
    On December 20, 2016, UL notified the CPSC that UL had revised the 
entrapment protection requirements of UL 325 and had published 
revisions to the Sixth Edition on December 15, 2016. On June 16, 2017, 
UL notified the Commission that UL published additional revisions to UL 
325, Sixth Edition, on May 25, 2017, which became the Seventh Edition.
    On January 11, 2017, and July 5, 2017, CPSC staff submitted 
briefing packages to the Commission, recommending that the Commission 
incorporate the applicable changes to UL 325, because

[[Page 32567]]

the changes are likely to reduce the possibility of children becoming 
entrapped by partially open garage doors. On January 18, 2017, and July 
11, 2017, the Commission voted to approve staff's recommendations to 
accept the revisions to UL 325 regarding the entrapment protection 
requirements for automatic residential GDOs, in accordance with the 
procedure in the Improvement Act.
    Consistent with the Commission's previous votes to include the 
revisions regarding the entrapment protection requirements for 
automatic residential GDOs, this rule revises the mandatory GDO rule at 
16 CFR part 1211, to include the revisions regarding the entrapment 
protection requirements for automatic residential GDOs in UL 325, 
Seventh Edition.

C. Description of the Direct Final Rule

    The direct final rule amends 16 CFR part 1211, to include the 
revisions regarding the entrapment protection requirements for 
automatic residential GDOs in UL 325, Seventh Edition. All of the 
revisions in the direct final rule concerning the GDO standard are in 
subpart A and subpart D. The direct final rule does not change any of 
the certification (subpart B) or recordkeeping (subpart C) provisions 
of the GDO standard.
    All of the revisions to the relevant provisions of 16 CFR part 1211 
are described in the summary of changes below:
     Alternative method to assess electronic circuits. The 
revised UL 325 added a section titled, ``Supplement SA'' to UL 325, 
which provides an alternate method for evaluating protective electronic 
circuits and controls based on the requirements of UL/IEC 60335-1, 
``Standard for Safety of Household and Similar Electrical Appliances, 
Part 1: General Requirements.'' UL/IEC 60335-1 was developed to promote 
harmonization with international standards and will eventually replace 
UL 991, ``Standards for Tests for Safety-Related Controls Employing 
Solid-State Devices,'' which is being phased out. The Commission's 
mandatory safety standard for GDOs currently incorporates by reference 
UL 991 (Sec. Sec.  1211.4(c), 1211.5(a), and 1211.5(b)(3)). The 
Supplement SA requirements allow an alternate method for assessing the 
reliability of GDO electronic or solid-state circuits, including 
entrapment-protection circuits, which perform back-up, limiting, or 
other functions intended to reduce the risk of fire, electric shock, or 
injury to persons (Sec. Sec.  1211.4(c), 1211.5(a), 1211.5(b)(4), and a 
new paragraph for an incorporation by reference of Supplement SA in 
Sec.  1211.40(d)(1) and redesignating paragraphs (d)(1) through (3) as 
(d)(2) through (4)).
     Additional requirements for unattended operation. The 
revised UL 325 added a new section titled, ``Unattended operation 
control accessory,'' which provides additional requirements for 
unattended operation of GDOs, including remote monitoring and 
unattended activation via wireless or internet-connected devices. To 
ensure safe unattended operation of GDOs, the new requirements clarify 
visual and audible alarm operation, include provisions for maintaining 
compliance with the entrapment protection of an external accessory, and 
provides the necessary instructions and markings. (New Sec.  
1211.14(f)).
     Revision to edge sensor requirements. The revised UL 325 
expanded the edge sensor test requirements (Sec.  1211.12) and 
clarified that external edge sensors shall operate as required when 
tested per the new requirements (Sec. Sec.  1211.8(a) and 1211.8(b)), 
as well as comply with the applicable normal operation test (Sec. Sec.  
1211.10(b)(3), 1211.10(c) (3), and 1211.10(e)(4)). The revision 
expanded the edge sensor test requirements for GDOs to stipulate 
specific requirements based on the GDO type; for example: Sectional 
door vs. one-piece door, and horizontally moving door vs. vertically 
moving door. The revision replaced Figure 6 with several new figures to 
illustrate the test procedures for each type of GDO (Figures 6A through 
6I). The revision clarified that the edge sensor endurance test shall 
be conducted at room temperature (Sec.  1211.12(b)).
     Clarification regarding visual alarm. The revised UL 325 
clarified the visual alarm flash rate required during unattended 
operation of the GDO (Sec.  1211.14(c)).
     Clarification regarding certain materials. The revised UL 
325 clarified that an external protection device using polymeric or 
elastomeric material must meet the specified impact test requirements 
and remain fully operational at room temperature (Sec.  1211.10(e)(1) 
and (3)).
     Exception from impact test. The revised UL 325 added an 
exception for polymeric or elastomeric materials that crack or break 
during the impact test to be acceptable if they pass the water exposure 
test in the damaged condition (Sec.  1211.10 (e) (1)).
     Clarification regarding external secondary entrapment 
protection. The revised UL 325 clarified the means for connection of an 
external secondary entrapment protection device applicable to 
vertically moving and horizontally moving GDOs (Sec.  1211.10) and 
clarified that for horizontally sliding GDOs, the GDO is not required 
to open the door a minimum of 2 inches when the GDO senses a second 
obstruction during the reversing travel (Sec.  1211.7(c)(1) and 
1211.7(c)(7)).
     Updated test figure references. The revised UL 325 updated 
the figure references for the general (Sec.  1211.13(a)) and puncture-
resistance test (Sec.  1211.12 (d)).
    As noted, on January 18, 2017, and July 11, 2017, the Commission 
voted to include the revisions regarding the entrapment protection 
requirements for automatic residential GDOs in UL 325, Seventh Edition. 
In accordance with its previous vote, the Commission is issuing this 
direct final rule that amends the mandatory GDO rule at 16 CFR part 
1211 to include the revisions to the entrapment protection requirements 
of UL 325.

D. Incorporation by Reference

    The Office of the Federal Register (OFR) has regulations concerning 
incorporation by reference. 1 CFR part 51. Under these regulations, 
agencies must discuss, in the preamble to a final 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(b).
    Supplement SA of UL 325 provides an alternate test method for 
assessing the reliability of GDO electronic or solid-state circuits, 
including entrapment protection circuits, which perform back-up, 
limiting, or other functions intended to reduce the risk of fire, 
electric shock, or injury to persons. As noted, the direct final rule 
adds references to Supplement SA in Sec. Sec.  1211.4, 1211.5, and a 
new paragraph Sec.  1211.40(d)(1) in subpart D that incorporates by 
reference Supplement SA.
    The UL standard listed above is copyrighted. The UL standard may be 
obtained from UL, 151 Eastern Avenue, Bensenville, IL 60106, Telephone: 
1-888-853-3503 or online at: http://ulstandards.ul.com/. One may also 
inspect a copy of the above-referenced standard 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.

[[Page 32568]]

E. Direct Final Rule Process

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA) generally requires 
notice and comment rulemaking, section 553 of the APA provides an 
exception when the agency, for good cause, finds that notice and public 
procedure are ``impracticable, unnecessary, or contrary to the public 
interest.'' In Recommendation 95-4, the Administrative Conference of 
the United States (ACUS) endorsed direct final rulemaking as an 
appropriate procedure to expedite promulgating rules that are 
noncontroversial and that are not expected to generate significant 
adverse comment. See 60 FR 43108 (August 18, 1995). Consistent with 
ACUS's recommendation, the Commission is publishing this rule as a 
direct final rule because we do not expect any significant adverse 
comments.
    The Commission is taking the limited action of amending the GDO 
rule to conform the regulation to the changes to UL 325 that were 
previously accepted by the Commission in January and July 2017. Public 
comment will not impact the Commission's acceptance of the substantive 
changes to UL 325. Because this document merely updates the GDO rule, 
the Commission believes this rulemaking is a non-controversial matter 
that is not likely to generate comments. Therefore, the Commission 
concludes that the direct final rule process is appropriate.
    Unless we receive a significant adverse comment within 30 days, the 
rule will become effective on September 11, 2018. In accordance with 
ACUS's recommendation, the Commission considers a significant adverse 
comment to be one in which the commenter explains why the rule did not 
accurately update the codified text in 16 CFR part 1211. We note that 
comments on the Commission's previous underlying acceptance of the 
revisions to UL 325 are not considered significant adverse comments 
because the only change this rule makes is to revise the GDO rule to 
conform to the revisions to UL 325 previously accepted by the 
Commission.
    Should the Commission receive a significant adverse comment, the 
Commission would withdraw this direct final rule. Depending on the 
comments and other circumstances, the Commission may then incorporate 
the adverse comment into a subsequent direct final rule or publish a 
notice of proposed rulemaking, providing an opportunity for public 
comment.

F. Effective Date

    Based on reports from industry representatives, all known 
manufacturers and importers currently conform to the UL 325, Seventh 
Edition revisions contained in the direct final rule. Therefore, the 
effective date of the direct final rule is September 11, 2018. This 
effective date would not adversely affect the cost or availability of 
conforming GDOs.

G. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires that 
agencies review proposed and final rules for the rules' potential 
economic impact on small entities, including small businesses, and 
prepare regulatory flexibility analyses. 5 U.S.C. 603 and 604. Staff 
researched the potential effects of the direct final rule on small 
entities, including small manufacturers, importers, and private 
labelers. Staff has identified 19 firms that market GDOs in the United 
States. Five of these are either large firms or subsidiaries of large 
foreign or domestic companies. The 14 remaining companies appear to be 
small firms under U.S. Small Business Administration (SBA) size 
standards (13 CFR part 121).
    Staff estimates, based on industry sales data, that about 5 million 
to 7 million GDOs are installed annually. A review of company 
information and staff's contacts with industry representatives indicate 
that all known manufacturers and importers market only products that 
conform to UL 325. All of these firms' GDOs reportedly conform to the 
UL 325, Seventh Edition requirements that became effective in May 2017. 
These firms, including the small firms, have already incurred the 
design and testing costs associated with the minor changes in the UL 
325 test procedures made since 2016. Therefore, the direct final rule 
would not impose any new costs on small producers or importers. 
Pursuant to section 605(b) of the RFA, because the existing level of 
conformance is virtually 100 percent, and no new compliance costs or 
other burdens would be associated with the direct final rule, the 
Commission certifies that this rule will not have a significant impact 
on a substantial number of small entities.

H. Preemption

    The Improvement Act contains a preemption provision which states: 
``those provisions of laws of States or political subdivisions which 
relate to the labeling of automatic residential garage door openers and 
those provisions which do not provide at least the equivalent degree of 
protection from the risk of injury associated with automatic 
residential garage door openers as the consumer product safety rule'' 
are subject to preemption under 15 U.S.C. 2075. Public Law 101-608, 
section 203(f).

I. Environmental Considerations

    The Commission's regulations provide a categorical exclusion for 
Commission rules from any requirement to prepare an environmental 
assessment or an environmental impact statement because they ``have 
little or no potential for affecting the human environment.'' 16 CFR 
1021.5(c)(2). This rule falls within the categorical exclusion, so no 
environmental assessment or environmental impact statement is required. 
The Commission's regulations state that safety standards for products 
normally have little or no potential for affecting the human 
environment. 16 CFR 1021.5(c)(1). Nothing in this rule alters that 
expectation.

List of Subjects in 16 CFR Part 1211

    Consumer protection, Imports, Incorporation by reference, Labeling, 
Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, the Commission amends 16 
CFR part 1211 as follows:

PART 1211--SAFETY STANDARDS FOR AUTOMATIC RESIDENTIAL GARAGE DOOR 
OPERATORS

0
 1. The authority citation for part 1211 continues to read as follows:

    Authority:  Sec. 203 of Pub. L. 101-608, 104 Stat. 3110; 15 
U.S.C. 2063 and 2065.

Subpart A--[Amended]

0
 2. Amend Sec.  1211.4 by revising paragraph (c) to read as follows:


Sec.  1211.4   General requirements for protection against risk of 
injury.

* * * * *
    (c) An electronic or solid-state circuit that performs a back-up, 
limiting, or other function intended to reduce the risk of fire, 
electric shock, or injury to persons, including entrapment protection 
circuits, shall comply with the requirements in UL 991 (incorporated by 
reference, see Sec.  1211.40), including environmental and stress tests 
appropriate to the intended usage of the end-product. Exception: A 
control or electronic circuit that complies with Supplement SA of UL 
325-2017 (incorporated by reference, see Sec.  1211.40) is considered 
to fulfill this requirement.

0
 3. Amend Sec.  1211.5 by:

[[Page 32569]]

0
a. Revising paragraph (a) introductory text;
0
b. Removing ``and'' from the end of paragraph (b)(2);
0
c. Removing the period from the end of paragraph (b)(3) and adding ``; 
and'' in its place; and
0
d. Adding paragraph (b)(4).
    The revision and addition read as follows:


Sec.  1211.5   General testing parameters.

    (a) The following test parameters are to be used in the 
investigation of the circuit covered by Sec.  1211.4(c) for compliance 
with either, UL 991, or Supplement SA of UL 325-2017 (incorporated by 
reference, see Sec.  1211.40):
    (b) * * *
    (4) During evaluation of the circuit to the requirements of 
Supplement SA of UL 325-2017 (incorporated by reference, see Sec.  
1211.40).

0
 4. Amend Sec.  1211.6 by revising paragraphs (b)(2), (b)(3)(i) 
introductory text, and (d)(2) to read as follows:


Sec.  1211.6   General entrapment protection requirements.

* * * * *
    (b) * * *
    (2) Shall be provided with a means for connection of an external 
secondary entrapment protection device as described in Sec.  1211.8 (a) 
and (c) through (e), as applicable to vertically moving doors; or
    (3)(i) Shall be provided with an inherent secondary entrapment 
protection device as described in Sec. Sec.  1211.8(a) and (f), 
1211.10, and 1211.12 and is:
* * * * *
    (d) * * *
    (2) Shall be provided with a means for connection of an external 
secondary entrapment protection device for each leading edge as 
described in Sec.  1211.8(c) through (e), as applicable to horizontally 
moving doors.
* * * * *

0
5. Amend Sec.  1211.7 by revising paragraphs (c)(1)(ii) and (iii) and 
(c)(7)(i), to read as follows:


Sec.  1211.7   Inherent primary entrapment protection requirements.

* * * * *
    (c) * * *
    (1) * * *
    (ii) The door operator is not required to open the door a minimum 2 
inches (50.8 mm) when the operator senses a second obstruction during 
the reversing travel.
    (iii) The door operator is not required to open the door a minimum 
2 inches (50.8 mm) when a control is actuated to stop the door during 
movement towards the open position--but the door can not be moved 
towards the closed position until the operator reverses the door a 
minimum of 2 inches (50.8 mm).
* * * * *
    (7)(i) An operator, employing an inherent entrapment protection 
control that measures or monitors the actual position of the door, 
shall initiate reversal of the door and shall return the door to, and 
stop the door at, the fully open position in the event the inherent 
door operation ``profile'' of the door differs from the originally set 
parameters. The system shall measure or monitor the position of the 
door at increments not greater than 1 inch (25.4 mm).
* * * * *

0
6. Amend Sec.  1211.8 by revising paragraphs (a)(1)(ii), and (b)(2) to 
read as follows:


Sec.  1211.8   Secondary entrapment protection requirements.

    (a)(1) * * *
    (ii) An external edge sensor installed on the edge of the door 
that, when activated as tested per Sec.  1211.12(a)(4)(1) results in an 
operator that is closing a door to reverse direction of the door, 
returns the door to, and stops the door at the fully open position, and 
the sensor prevents an operator from closing an open door,
* * * * *
    (b) * * *
    (2) An external edge sensor installed on the edge of the door that, 
when activated as tested per Sec.  1211.12 (a)(4)(2), results in an 
operator that is closing or opening a door to reverse direction of the 
door for a minimum of 2 inches (50.8 mm).
* * * * *

0
7. Amend Sec.  1211.10 by revising paragraphs (b)(3)(ii), (c)(3)(ii), 
(e)(1)(ii), (e)(3), and (e)(4)(ii) to read as follows:


Sec.  1211.10   Requirements for all entrapment protection devices.

* * * * *
    (b) * * *
    (3) * * *
    (ii) An edge sensor shall comply with the applicable Normal 
Operation test, per Sec.  1211.12(a).
    (c) * * *
    (3) * * *
    (ii) An edge sensor shall comply with the applicable Normal 
Operation Test, per Sec.  1211.12(a).
* * * * *
    (e) * * *
    (1) * * *
    (ii) The part shall operate as intended, per paragraph (e)(4) of 
this section at room temperature, or, if dislodged after the test, but 
not cracked or broken, is capable of being restored to its original 
condition. Exception: If a part is cracked or broken, as an 
alternative, it may be subjected to the Splash Tests, per paragraph (c) 
of this section, after the impact test. After the water exposure tests, 
the device shall either:
    (A) Operate as intended per paragraph (e)(4) of this section; or
    (B) Shut down safely (i.e. provide an obstruction signal to the 
door).
* * * * *
    (3) In lieu of conducting the room temperature test described in 
paragraph (e)(2) of this section, each of three samples of a device 
exposed to outdoor weather when the door is in the closed position are 
to be cooled to a temperature of minus 31.0 3.6 [deg]F 
(minus 35.0 2.0 [deg]C) and maintained at this temperature 
for 3 hours. Three samples of a device employed inside the garage are 
to be cooled to a temperature of 32.0 [deg]F (0.0 [deg]C) and 
maintained at this temperature for 3 hours. While the sample is still 
cold, the samples shall be subject to the test described in paragraph 
(e)(2) of this section, and shall comply with paragraph (e)(1)(i) of 
this section. After determining compliance with paragraph (e)(1)(i) of 
this section, the sample shall be allowed to return to room 
temperature, and then shall comply with paragraph (e)(1)(ii) of this 
section.
    (4) * * *
    (ii) An edge sensor shall comply with the applicable Normal 
Operation Test, per Sec.  1211.12(a).
* * * * *

0
8. Amend Sec.  1211.12 by adding paragraphs (a)(4) and (5), and 
revising paragraphs (b) and (d)(2) and (3) to read as follows:


Sec.  1211.12   Requirements for edge sensors.

    (a) * * *
    (4)(i) An edge sensor, when installed on a representative door, 
shall actuate upon the application of a 15 lbf (66.7 N) or less force 
in the direction of the application when tested at room temperature 25 
[deg]C 2 [deg]C (77 [deg]F 3.6 [deg]F) and, 
additionally, when intended for use with gate operators, shall actuate 
at 40 lbf (177.9 N) or less force when tested at -35 [deg]C 2 [deg]C (-31 [deg]F 3.6 [deg]F).
    (A) For an edge sensor intended to be used on a sectional door, the 
force is to be applied by the longitudinal edge of a 1\7/8\ in (47.6 
mm) diameter cylinder placed across the sensor so that the axis is 
perpendicular to plane of the door. See Figures 6A and 6B to this 
subpart.
    (B) For an edge sensor intended to be used on a one piece door, 
swinging

[[Page 32570]]

door, or swinging gate, the force is to be applied so that the axis is 
at an angle 30 degrees from the direction perpendicular to the plane of 
the door. See Figures 6C and 6D to this subpart.
    (C) For an edge sensor that wraps around the leading edge of a 
swinging one-piece door, providing activation in both directions of 
travel, the force is to be applied so that the axis is at an angle 30 
degrees from the direction perpendicular to both the closing direction 
and the opening direction. See Figure 6E to this subpart.
    (ii) With respect to the Edge Sensor Test specified in paragraph 
(a)(4)(ii) of this section, the test is to be repeated at various 
representative points of the edge sensor across the length of the edge 
sensor. See Figures 6F and 6G to this subpart.
    (5) Residential garage door operators. (i) For vertically moving 
residential garage door operators intended to be used with an external 
edge sensor, with reference to 32.3.1(b), a 1\5/8\ in by 3\1/2\ in 
(41.3 mm by 88.9 mm) solid rectangular object not less than 6 in (152 
mm) long is to be fixed in an immobile position at the fully closed 
position with the longitudinal axis perpendicular to the edge of the 
door. The 1\5/8\ in (41.3 mm) side of the obstruction facing the 
leading edge is to contact the moving door at various points along the 
width of the door. See Figure 6H to this subpart.
    (ii) For horizontally moving residential garage door operators 
intended to be used with an external edge sensor, with reference to 
32.3.2(b), a 1\5/8\ in by 3\1/2\ in (41.3 mm by 88.9 mm) solid 
rectangular object not less than 6 in (152 mm) long is to be fixed in 
an immobile position with the longitudinal axis perpendicular to the 
edge of the door. The 1\5/8\ in (41.3 mm) side of the obstruction 
facing the leading edge is to contact the moving door at various points 
along the leading edge of the door. The same object is then to be 
arranged to contact the moving door at various points along the 
trailing edge of the door. See Figure 6I to this subpart.
    (b) Endurance test. An edge sensor system and associated components 
shall withstand 30,000 cycles of mechanical operation without failure. 
For this test, the edge sensor is to be cycled by the repetitive 
application of the force as described in paragraph (a)(4)(i) of this 
section but at room temperature only. The force is to be applied to the 
same location for the entire test. For an edge sensor system employing 
integral electric contact strips, this test shall be conducted with the 
contacts connected to a load no less severe than it controls in the 
operator. For the last 50 cycles of operation, the sensor shall 
function as intended when connected to an operator.
* * * * *
    (d) * * *
    (2) For a vertically moving door, a sample of the edge sensor is to 
be installed in the intended manner on a representative door edge. The 
probe described in figure 7 to subpart A is to be applied with a 20 
pound-force (89 N) to any point on the sensor that is 3 inches (76 mm) 
or less above the floor is to be applied in the direction specified in 
the Edge Sensor Normal Operation Test, Figure 6A or 6C to subpart A as 
applicable. The test is to be repeated on three locations on each 
surface of the sensor being tested.
    (3) For horizontally sliding doors, sample of the edge sensor is to 
be installed in the intended manner on a representative door edge. The 
probe described in figure 7 to subpart A is to be applied with a 20 lbf 
(89 N) to any point on the sensor when the door is within 3 in (76 mm) 
of its fully open position and within 3 in (76 mm) of any stationary 
wall. For each type of door, the force is to be applied in the 
direction specified in the Edge Sensor Normal Operation Test, Figure 6B 
to subpart A. The test is to be repeated on three locations on each 
surface of the sensor being tested.

0
 9. Amend Sec.  1211.13 by revising paragraph (a)(4) to read as 
follows:


Sec.  1211.13   Inherent force activated secondary door sensors.

    (a) * * *
    (4) The test cylinder referred to in paragraph (b)(7) of this 
section shall be a 1\7/8\ in (47.6 mm) diameter cylinder placed under 
the door so that the axis is perpendicular to the plane of the door. 
See figure 6A to subpart A.
* * * * *

0
10. Amend Sec.  1211.14 by revising paragraph (c)(4), and adding 
paragraph (f) to read as follows:


Sec.  1211.14   Unattended operation requirements.

* * * * *
    (c) * * *
    (4) The visual alarm signal described in paragraph (c)(1) of this 
section shall be visible within the confines of a garage using a 
flashing light of at least 40 watt incandescent or 360 lumens. The 
flash rate shall be at least once per second, with a duration of 100 ms 
to 900 ms, for the duration of the alarm.
* * * * *
    (f) Unattended operation control accessory--(1) General. A 
residential garage door operator control accessory shall be permitted 
to be supplied separate from the operator, and may permit unattended 
operation to close a garage door, provided the control accessory 
complies with the additional requirements of paragraphs (f)(2) through 
(6) of this section. Exception: Unattended operation shall not be 
permitted on one-piece garage doors or swinging garage doors. A control 
accessory that has an unattended operation close feature shall identify 
that the unattended operation closing feature is only permitted to be 
enabled when installed with a sectional door by complying with:
    (i) The installation instructions of Sec.  1211.16 (b)(1)(ii);
    (ii) The markings of Sec.  1211.17(h); and
    (iii) the carton markings of Sec.  1211.18(m).
    (2) Operator system. The control accessory shall require one or 
more intentional actions to enable unattended operation to function 
when connected to an operator system, such as setting a power head 
switch or wall-control switch. For an accessory requiring installation 
and set-up in order to enable unattended operation, the installation 
and set-up may be considered satisfying this requirement.
    (3) Alarm signal. (i) The control accessory alone or in combination 
with the operator system shall provide an audible and visual alarm 
signal.
    (ii) The alarm shall signal for a minimum of 5 seconds before any 
unattended closing door movement, or before any door movement if the 
next direction of door travel cannot be determined.
    (iii) The audible signal shall be heard within the confines of a 
garage. The audio alarm signals for the alarm specified in paragraph 
(f)(3)(i) of this section shall be generated by devices such as bells, 
horns, sirens, or buzzers. The signal shall have a frequency in the 
range of 700 to 3400 Hz, either a cycle of the sound level pulsations 
of 4 to 5 per second or one continuous tone, a sound level at least 45 
dB 10 ft (305 cm) in front of the device over the voltage range of 
operation.
    (iv) The visual alarm signal of paragraph (f)(3)(i) of this section 
shall be visible within the confines of a garage using a flashing light 
of at least 40 watt incandescent or 360 lumens.
    (v) When the visual alarm or the audio alarm, or both, are external 
to the control accessory and are not part of main operator unit, the 
control accessory shall monitor for the connection of and proper 
operation of both the visual and audible alarms, prior to initiating 
door travel.

[[Page 32571]]

    (4) Controls. (i) During the pre-motion signaling period defined in 
paragraph (f)(3)(ii) of this section, activation of any user door 
control (e.g. wall control, wireless remote, keypad) shall prevent the 
pending unattended door movement. Door movement resulting from 
activation of a user door control is not prohibited.
    (ii) Upon activation of a user door control during unattended door 
movement:
    (A) The operator shall function in the same manner as if the 
control accessory were not present;
    (B) The control accessory shall not interfere with, override, or 
alter the normal operation of the operator; and
    (C) The door shall stop, and may reverse the door on the closing 
cycle. On the opening cycle, activation of a user door control shall 
stop the door but not reverse it.
    (iii) If an unattended door travelling in the closing direction is 
stopped and reversed by an entrapment protection device, the control 
accessory alone or in combination with the operator system shall be 
permitted one additional unattended operation attempt to close the 
door.
    (iv) After two attempts per paragraph (d)(3) of this section, the 
control accessory alone or in combination with the operator system 
shall suspend unattended operation. The control accessory alone or in 
combination with the operator system shall require a renewed, intended 
input, via user door control (e.g., wall control, wireless remote, 
keypad) other than the unattended activation device, prior to re-
enabling unattended operation.
    (5) Entrapment protection. (i) The control accessory shall not 
interfere with, override, or alter any entrapment protection features 
of the operator or system per Sec. Sec.  1211.7 and 1211.8. A control 
accessory that only provides a momentary signal (wired or wireless) to 
start the door is considered to comply with this requirement.
    (ii) A control accessory shall only be used with an operator when 
the combination of the operator and the control accessory comply with 
the applicable entrapment protection features including:
    (A) Inherent Primary Entrapment Protection, in accordance with 
Sec.  1211.7;
    (B) Secondary Entrapment Protection, in accordance with Sec.  
1211.8.
    (iii) A control accessory shall be marked to indicate ``For use 
only with garage door operators complying with UL 325, manufactured 
after __,'' or, ``For use only with the following garage door 
operators:__.'' The date (e.g., ``1993,'' ``February 21, 2008''), or 
the additional information provided in the blank shall be added by the 
accessory manufacturer such that the combination of the control and 
operator(s) it is intended for use with complies with paragraph 
(f)(5)(ii) of this section. This marking shall appear on the packaging 
and on the product, and shall be repeated in the instructions 
accompanying the accessory.
    (iv) To comply with paragraph (f)(5)(ii) of this section a control 
accessory shall comply with one or more of the following:
    (A) Not be capable of operating when connected to an operator that 
is not compliant with paragraph (f)(5)(ii) of this section;
    (B) Be restricted to function only with specific operators, such 
that the combination of the control and the operator are compliant with 
paragraph (f)(5)(ii) of this section;
    (C) Provide additional functionality to an operator or system such 
that when operating via the control accessory, the combination of the 
control accessory and the operator complies with paragraph (f)(5)(ii) 
of this section;
    (D) Be marked to indicate as indicated in paragraph (f)(5)(ii) of 
this section.
    (6) Instructions and markings. (i) The control accessory shall be 
provided with instructions as follows:
    (A) Instructions per Sec.  1211.16, as applicable.
    (B) Instructions that repeat any warning or cautionary product 
markings and field labels required below.
    (ii) The control accessory shall be provided with markings as 
follows:
    (A) Markings on the product per Sec.  1211.18, as applicable.
    (B) In lieu of Sec.  1211.18(m), the product package shall be 
marked with the following or equivalent:

------------------------------------------------------------------------
 
-------------------------------------------------------------------------
``WARNING: To reduce the risk of injury to persons--Only enable [+]
 feature when installed with sectional door.'', where + is the
 unattended operation closing function, or ``WARNING: To reduce the risk
 of injury to persons--Do not use this device with one-piece doors or
 swinging doors.''
------------------------------------------------------------------------

    (C) On the package or the product--any other markings related to 
use of the control with specific operators, per paragraph (f)(5)(iii) 
of this section.
    (iii) The control accessory shall be provided with a label for 
field installation as required by Sec.  1211.17(c) through (g), 
including but not limited to Sec.  1211.17(g)(2)(v).

Figure 6 to Subpart A of Part 1211 [Removed]

0
11. Remove Figure 6 to Subpart A of Part 1211,

0
12. Add Figures 6A through 6I to Subpart A of Part 1211 to read as 
follows:
BILLING CODE 6355-01-P

[[Page 32572]]

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[[Page 32573]]


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[[Page 32574]]


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[[Page 32575]]


[GRAPHIC] [TIFF OMITTED] TR13JY18.004


[[Page 32576]]


[GRAPHIC] [TIFF OMITTED] TR13JY18.005


[[Page 32577]]


[GRAPHIC] [TIFF OMITTED] TR13JY18.006


[[Page 32578]]


[GRAPHIC] [TIFF OMITTED] TR13JY18.007


[[Page 32579]]


[GRAPHIC] [TIFF OMITTED] TR13JY18.008

BILLING CODE 6355-01-C

 Subpart D--[Amended]

0
13. Amend Sec.  1211.40 by redesignating paragraphs (d)(1) through (3) 
as (d)(2) through (4) and adding new paragraph (d)(1) to read as 
follows:


Sec.  1211.40   Incorporation by reference.

    (d) * * *
    (1) UL 325, Standard for Safety: Door, Drapery, Gate, Louver, and 
Window Operators and Systems, SUPPLEMENT SA--(Normative)--UL 60335-1/
CAN/CSA-C22.2 No. 60335-1 Based Requirements for the Evaluation of 
Electronic Circuits, Seventh Edition, May 19, 2017, into Sec. Sec.  
1211.4 and 1211.5.
* * * * *

Alberta E. Mills,
Secretary, U. S. Consumer Product Safety Commission.
[FR Doc. 2018-14909 Filed 7-12-18; 8:45 am]
 BILLING CODE 6355-01-P

Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Rules and Regulations 32567

the changes are likely to reduce the paragraph for an incorporation by connection of an external secondary
possibility of children becoming reference of Supplement SA in entrapment protection device applicable
entrapped by partially open garage § 1211.40(d)(1) and redesignating to vertically moving and horizontally
doors. On January 18, 2017, and July 11, paragraphs (d)(1) through (3) as (d)(2) moving GDOs (§ 1211.10) and clarified
2017, the Commission voted to approve through (4)). that for horizontally sliding GDOs, the
staff’s recommendations to accept the • Additional requirements for GDO is not required to open the door a
revisions to UL 325 regarding the unattended operation. The revised UL minimum of 2 inches when the GDO
entrapment protection requirements for 325 added a new section titled, senses a second obstruction during the
automatic residential GDOs, in ‘‘Unattended operation control reversing travel (§ 1211.7(c)(1) and
accordance with the procedure in the accessory,’’ which provides additional 1211.7(c)(7)).
Improvement Act. requirements for unattended operation • Updated test figure references. The
Consistent with the Commission’s of GDOs, including remote monitoring revised UL 325 updated the figure
previous votes to include the revisions and unattended activation via wireless references for the general (§ 1211.13(a))
regarding the entrapment protection or internet-connected devices. To
and puncture-resistance test (§ 1211.12
requirements for automatic residential ensure safe unattended operation of
(d)).
GDOs, this rule revises the mandatory GDOs, the new requirements clarify
GDO rule at 16 CFR part 1211, to visual and audible alarm operation, As noted, on January 18, 2017, and
include the revisions regarding the include provisions for maintaining July 11, 2017, the Commission voted to
entrapment protection requirements for compliance with the entrapment include the revisions regarding the
automatic residential GDOs in UL 325, protection of an external accessory, and entrapment protection requirements for
Seventh Edition. provides the necessary instructions and automatic residential GDOs in UL 325,
markings. (New § 1211.14(f)). Seventh Edition. In accordance with its
C. Description of the Direct Final Rule • Revision to edge sensor previous vote, the Commission is
The direct final rule amends 16 CFR requirements. The revised UL 325 issuing this direct final rule that amends
part 1211, to include the revisions expanded the edge sensor test the mandatory GDO rule at 16 CFR part
regarding the entrapment protection requirements (§ 1211.12) and clarified 1211 to include the revisions to the
requirements for automatic residential that external edge sensors shall operate entrapment protection requirements of
GDOs in UL 325, Seventh Edition. All as required when tested per the new UL 325.
of the revisions in the direct final rule requirements (§§ 1211.8(a) and D. Incorporation by Reference
concerning the GDO standard are in 1211.8(b)), as well as comply with the
subpart A and subpart D. The direct applicable normal operation test The Office of the Federal Register
final rule does not change any of the (§§ 1211.10(b)(3), 1211.10(c) (3), and (OFR) has regulations concerning
certification (subpart B) or 1211.10(e)(4)). The revision expanded incorporation by reference. 1 CFR part
recordkeeping (subpart C) provisions of the edge sensor test requirements for 51. Under these regulations, agencies
the GDO standard. GDOs to stipulate specific requirements must discuss, in the preamble to a final
All of the revisions to the relevant based on the GDO type; for example: rule, ways that the materials the agency
provisions of 16 CFR part 1211 are Sectional door vs. one-piece door, and incorporates by reference are reasonably
described in the summary of changes horizontally moving door vs. vertically available to interested persons and how
below: moving door. The revision replaced interested parties can obtain the
• Alternative method to assess Figure 6 with several new figures to materials. In addition, the preamble to
electronic circuits. The revised UL 325 illustrate the test procedures for each the final rule must summarize the
added a section titled, ‘‘Supplement type of GDO (Figures 6A through 6I). material. 1 CFR 51.5(b).
SA’’ to UL 325, which provides an The revision clarified that the edge
alternate method for evaluating Supplement SA of UL 325 provides
sensor endurance test shall be an alternate test method for assessing
protective electronic circuits and conducted at room temperature
controls based on the requirements of the reliability of GDO electronic or
(§ 1211.12(b)). solid-state circuits, including
UL/IEC 60335–1, ‘‘Standard for Safety • Clarification regarding visual
of Household and Similar Electrical entrapment protection circuits, which
alarm. The revised UL 325 clarified the
Appliances, Part 1: General perform back-up, limiting, or other
visual alarm flash rate required during
Requirements.’’ UL/IEC 60335–1 was functions intended to reduce the risk of
unattended operation of the GDO
developed to promote harmonization fire, electric shock, or injury to persons.
(§ 1211.14(c)).
with international standards and will • Clarification regarding certain As noted, the direct final rule adds
eventually replace UL 991, ‘‘Standards materials. The revised UL 325 clarified references to Supplement SA in
for Tests for Safety-Related Controls that an external protection device using §§ 1211.4, 1211.5, and a new paragraph
Employing Solid-State Devices,’’ which polymeric or elastomeric material must § 1211.40(d)(1) in subpart D that
is being phased out. The Commission’s meet the specified impact test incorporates by reference Supplement
mandatory safety standard for GDOs requirements and remain fully SA.
currently incorporates by reference UL operational at room temperature The UL standard listed above is
991 (§§ 1211.4(c), 1211.5(a), and (§ 1211.10(e)(1) and (3)). copyrighted. The UL standard may be
1211.5(b)(3)). The Supplement SA • Exception from impact test. The obtained from UL, 151 Eastern Avenue,
requirements allow an alternate method revised UL 325 added an exception for Bensenville, IL 60106, Telephone: 1–
for assessing the reliability of GDO polymeric or elastomeric materials that 888–853–3503 or online at: http://
sradovich on DSK3GMQ082PROD with RULES

electronic or solid-state circuits, crack or break during the impact test to ulstandards.ul.com/. One may also
including entrapment-protection be acceptable if they pass the water inspect a copy of the above-referenced
circuits, which perform back-up, exposure test in the damaged condition standard at CPSC’s Office of the
limiting, or other functions intended to (§ 1211.10 (e) (1)). Secretary, U.S. Consumer Product
reduce the risk of fire, electric shock, or • Clarification regarding external Safety Commission, Room 820, 4330
injury to persons (§§ 1211.4(c), secondary entrapment protection. The East West Highway, Bethesda, MD
1211.5(a), 1211.5(b)(4), and a new revised UL 325 clarified the means for 20814, Telephone: (301) 504–7923.

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32568 Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Rules and Regulations

E. Direct Final Rule Process F. Effective Date the equivalent degree of protection from
Based on reports from industry the risk of injury associated with
The Commission is issuing this rule automatic residential garage door
as a direct final rule. Although the representatives, all known
manufacturers and importers currently openers as the consumer product safety
Administrative Procedure Act (APA) rule’’ are subject to preemption under
generally requires notice and comment conform to the UL 325, Seventh Edition
15 U.S.C. 2075. Public Law 101–608,
rulemaking, section 553 of the APA revisions contained in the direct final
section 203(f).
provides an exception when the agency, rule. Therefore, the effective date of the
for good cause, finds that notice and direct final rule is September 11, 2018. I. Environmental Considerations
public procedure are ‘‘impracticable, This effective date would not adversely The Commission’s regulations
unnecessary, or contrary to the public affect the cost or availability of provide a categorical exclusion for
interest.’’ In Recommendation 95–4, the conforming GDOs. Commission rules from any requirement
Administrative Conference of the G. Regulatory Flexibility Act to prepare an environmental assessment
United States (ACUS) endorsed direct or an environmental impact statement
The Regulatory Flexibility Act (RFA) because they ‘‘have little or no potential
final rulemaking as an appropriate
generally requires that agencies review for affecting the human environment.’’
procedure to expedite promulgating proposed and final rules for the rules’
rules that are noncontroversial and that 16 CFR 1021.5(c)(2). This rule falls
potential economic impact on small within the categorical exclusion, so no
are not expected to generate significant entities, including small businesses, and
adverse comment. See 60 FR 43108 environmental assessment or
prepare regulatory flexibility analyses. environmental impact statement is
(August 18, 1995). Consistent with 5 U.S.C. 603 and 604. Staff researched
ACUS’s recommendation, the required. The Commission’s regulations
the potential effects of the direct final state that safety standards for products
Commission is publishing this rule as a rule on small entities, including small
direct final rule because we do not normally have little or no potential for
manufacturers, importers, and private affecting the human environment. 16
expect any significant adverse labelers. Staff has identified 19 firms
comments. CFR 1021.5(c)(1). Nothing in this rule
that market GDOs in the United States. alters that expectation.
The Commission is taking the limited Five of these are either large firms or
action of amending the GDO rule to subsidiaries of large foreign or domestic List of Subjects in 16 CFR Part 1211
conform the regulation to the changes to companies. The 14 remaining Consumer protection, Imports,
UL 325 that were previously accepted companies appear to be small firms Incorporation by reference, Labeling,
by the Commission in January and July under U.S. Small Business Reporting and recordkeeping
2017. Public comment will not impact Administration (SBA) size standards (13 requirements.
the Commission’s acceptance of the CFR part 121). For the reasons set forth in the
substantive changes to UL 325. Because Staff estimates, based on industry preamble, the Commission amends 16
this document merely updates the GDO sales data, that about 5 million to 7 CFR part 1211 as follows:
rule, the Commission believes this million GDOs are installed annually. A
rulemaking is a non-controversial matter review of company information and PART 1211—SAFETY STANDARDS
that is not likely to generate comments. staff’s contacts with industry FOR AUTOMATIC RESIDENTIAL
Therefore, the Commission concludes representatives indicate that all known GARAGE DOOR OPERATORS
that the direct final rule process is manufacturers and importers market
only products that conform to UL 325. ■ 1. The authority citation for part 1211
appropriate.
All of these firms’ GDOs reportedly continues to read as follows:
Unless we receive a significant
conform to the UL 325, Seventh Edition Authority: Sec. 203 of Pub. L. 101–608,
adverse comment within 30 days, the 104 Stat. 3110; 15 U.S.C. 2063 and 2065.
rule will become effective on September requirements that became effective in
May 2017. These firms, including the
11, 2018. In accordance with ACUS’s Subpart A—[Amended]
small firms, have already incurred the
recommendation, the Commission
design and testing costs associated with ■ 2. Amend § 1211.4 by revising
considers a significant adverse comment
the minor changes in the UL 325 test paragraph (c) to read as follows:
to be one in which the commenter
procedures made since 2016. Therefore,
explains why the rule did not accurately § 1211.4 General requirements for
the direct final rule would not impose
update the codified text in 16 CFR part protection against risk of injury.
any new costs on small producers or
1211. We note that comments on the * * * * *
importers. Pursuant to section 605(b) of
Commission’s previous underlying (c) An electronic or solid-state circuit
the RFA, because the existing level of
acceptance of the revisions to UL 325 that performs a back-up, limiting, or
conformance is virtually 100 percent,
are not considered significant adverse other function intended to reduce the
and no new compliance costs or other
comments because the only change this burdens would be associated with the risk of fire, electric shock, or injury to
rule makes is to revise the GDO rule to direct final rule, the Commission persons, including entrapment
conform to the revisions to UL 325 certifies that this rule will not have a protection circuits, shall comply with
previously accepted by the Commission. significant impact on a substantial the requirements in UL 991
Should the Commission receive a number of small entities. (incorporated by reference, see
significant adverse comment, the § 1211.40), including environmental and
Commission would withdraw this direct H. Preemption stress tests appropriate to the intended
sradovich on DSK3GMQ082PROD with RULES

final rule. Depending on the comments The Improvement Act contains a usage of the end-product. Exception: A
and other circumstances, the preemption provision which states: control or electronic circuit that
Commission may then incorporate the ‘‘those provisions of laws of States or complies with Supplement SA of UL
adverse comment into a subsequent political subdivisions which relate to 325–2017 (incorporated by reference,
direct final rule or publish a notice of the labeling of automatic residential see § 1211.40) is considered to fulfill
proposed rulemaking, providing an garage door openers and those this requirement.
opportunity for public comment. provisions which do not provide at least ■ 3. Amend § 1211.5 by:

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$Federal Register / Vol. 83, No. 135 / Friday, July 13, 2018 / Rules and Regulations 32571 (4) Controls. (i) During the pre-motion control accessory that only provides a and the operator complies with signaling period defined in paragraph momentary signal (wired or wireless) to paragraph (f)(5)(ii) of this section; (f)(3)(ii) of this section, activation of any start the door is considered to comply (D) Be marked to indicate as indicated user door control (e.g. wall control, with this requirement. in paragraph (f)(5)(ii) of this section. wireless remote, keypad) shall prevent (ii) A control accessory shall only be (6) Instructions and markings. (i) The the pending unattended door used with an operator when the control accessory shall be provided with movement. Door movement resulting combination of the operator and the instructions as follows: from activation of a user door control is control accessory comply with the (A) Instructions per § 1211.16, as not prohibited. applicable entrapment protection applicable. (ii) Upon activation of a user door features including: control during unattended door (A) Inherent Primary Entrapment (B) Instructions that repeat any movement: Protection, in accordance with § 1211.7; warning or cautionary product markings (A) The operator shall function in the (B) Secondary Entrapment Protection, and field labels required below. same manner as if the control accessory in accordance with § 1211.8. (ii) The control accessory shall be were not present; (iii) A control accessory shall be provided with markings as follows: (B) The control accessory shall not marked to indicate ‘‘For use only with (A) Markings on the product per interfere with, override, or alter the garage door operators complying with § 1211.18, as applicable. normal operation of the operator; and UL 325, manufactured after ll,’’ or, (B) In lieu of § 1211.18(m), the (C) The door shall stop, and may ‘‘For use only with the following garage product package shall be marked with reverse the door on the closing cycle. door operators:ll.’’ The date (e.g., the following or equivalent: On the opening cycle, activation of a ‘‘1993,’’ ‘‘February 21, 2008’’), or the user door control shall stop the door but additional information provided in the ‘‘WARNING: To reduce the risk of injury to not reverse it. blank shall be added by the accessory persons—Only enable [+] feature when (iii) If an unattended door travelling manufacturer such that the combination installed with sectional door.’’, where + is in the closing direction is stopped and of the control and operator(s) it is the unattended operation closing function, reversed by an entrapment protection intended for use with complies with or ‘‘WARNING: To reduce the risk of in- device, the control accessory alone or in paragraph (f)(5)(ii) of this section. This jury to persons—Do not use this device combination with the operator system marking shall appear on the packaging with one-piece doors or swinging doors.’’ shall be permitted one additional and on the product, and shall be unattended operation attempt to close repeated in the instructions (C) On the package or the product— the door. accompanying the accessory. any other markings related to use of the (iv) After two attempts per paragraph (iv) To comply with paragraph control with specific operators, per (d)(3) of this section, the control (f)(5)(ii) of this section a control paragraph (f)(5)(iii) of this section. accessory alone or in combination with accessory shall comply with one or (iii) The control accessory shall be the operator system shall suspend more of the following: provided with a label for field unattended operation. The control (A) Not be capable of operating when installation as required by § 1211.17(c) accessory alone or in combination with connected to an operator that is not through (g), including but not limited to the operator system shall require a compliant with paragraph (f)(5)(ii) of § 1211.17(g)(2)(v). renewed, intended input, via user door this section; control (e.g., wall control, wireless (B) Be restricted to function only with Figure 6 to Subpart A of Part 1211 remote, keypad) other than the specific operators, such that the [Removed] unattended activation device, prior to combination of the control and the re-enabling unattended operation. operator are compliant with paragraph ■ 11. Remove Figure 6 to Subpart A of (5) Entrapment protection. (i) The (f)(5)(ii) of this section; Part 1211, control accessory shall not interfere (C) Provide additional functionality to ■ 12. Add Figures 6A through 6I to with, override, or alter any entrapment an operator or system such that when Subpart A of Part 1211 to read as protection features of the operator or operating via the control accessory, the follows: system per §§ 1211.7 and 1211.8. A combination of the control accessory BILLING CODE 6355–01–P sradovich on DSK3GMQ082PROD with RULES VerDate Sep<11>2014 16:02 Jul 12, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\13JYR1.SGM 13JYR1$

Document Created: 2018-07-13 01:05:10
Document Modified: 2018-07-13 01:05:10

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		Direct final rule.
Dates		The rule is effective on September 11, 2018, unless we receive significant adverse comment by August 13, 2018. If we receive timely significant adverse comments, we will publish notification in the Federal Register, withdrawing this direct final rule before its effective date. The incorporation by reference of the publications listed in this rule is approved by the Director of the Federal Register as of September 11, 2018.
Contact		Troy W. Whitfield, Lead Compliance Officer, Office of Compliance, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814-4408; Telephone (301) 504-7548 or email: [email protected]
FR Citation		83 FR 32566
CFR Associated		Consumer Protection; Imports; Incorporation by Reference; Labeling and Reporting and Recordkeeping Requirements