WindowCoveringCords_Supporting Statement Part A_2022

SUPPORTING STATEMENT - PART A

Substantial Product Hazard: Window Covering Cords
OMB Control Number

1.

Need for the Information Collection

Window coverings are “consumer products” within the jurisdiction of the CPSC, and subject
to regulation under the authority of the CPSA, because consumers use and enjoy window
coverings in or around a permanent or temporary household or residence, and in schools.
(See 15 U.S.C. 2052(a)(5)). The purpose of the proposed rule is to address the risk of
strangulation to children 8 years old and younger associated with hazardous operating and
inner cords on stock and custom window coverings. The proposed rule would define “stock
window covering” and “custom window covering” consistent with the definitions set forth
in the existing voluntary standard ANSI/WCMA A100.1-2018, American National Standard
for Safety of Corded Window Covering Products (ANSI/WCMA – 2018). The proposed rule
lists substantial product hazards (SPHs) associated with stock and custom window
coverings, identifying the readily observable characteristics of each product, and the
sections of the voluntary standards that address each hazard.
The Commission is proposing to deem a “substantial product hazard” (SPH) the following
characteristics, which have been addressed by ANSI/WCMA-2018:
(1) The presence of hazardous operating cords on stock window coverings;
(2) The presence of hazardous inner cords on stock and custom window coverings; or
(3) The absence of a required manufacturer label.

This collection of information is solely related to manufacturer labels on stock and custom
window coverings. The manufacturer label must contain:
•
•
•

The name, city, and state of the manufacturer / importer / fabricator
Month and year of manufacture
Designation of window covering as “Custom” or “Stock”

Industry, staff, and consumers use the manufacturer label to effectively distinguish
between stock and custom window coverings, and to help expedite timely and effective
recalls, by requiring identification of the manufacturer name and manufacture date on the
product.

2.

Use of the Information

This proposed rule to amend the substantial product hazard list in 16 C.F.R. part 1120 to
include hazardous window covering cords contains information collection requirements.
The Commission proposes to deem the absence of a manufacturer label, required on both
stock and custom window coverings, as set forth in section 5.3 of ANSI/WCMA – 2018, an
SPH. Section 5.3 of the voluntary standard requires: “There shall be a permanent label(s) or
marking on all finished window covering products.”

The required label must be on the headrail or on the roller tube of every window covering.
The label must contain: The name, city, and state of the manufacturer, importer, or
fabricator; the month and year of manufacture; and the designation of the window covering
as either “Stock” or “Custom”. Industry, staff, and consumers will use the manufacturer
label to effectively distinguish between stock and custom window coverings, and to help
expedite timely and effective recalls, by requiring identification of the manufacturer name
and manufacture date on the product. Any non-compliant window covering, meaning
those without a label or those without all required information on the label, is subject to
repair, replacement, or recall under section 15 of the CPSA.
3.

Use of Information Technology

4.

Non-duplication

5.

Burden on Small Businesses

The required labeling must be on the product and therefore cannot be electronic. However,
the use of an electronic code, such as a QR code or barcode is not prohibited on the label,
and may be used to provide the required information in an electronic format, as long as the
required information is also printed on the label.
The information obtained through this collection is unique and is not already available for
use or adaptation from another cleared source.
The proposed rule designating stock and custom window covering products that do not
conform to the specified readily observable characteristics of ANSI/WCMA A100.1 – 2018
as an SPH will not likely have a significant impact on a substantial number of small
businesses or other small entities.

While this information collection does not impose a significant economic impact on a
substantial number of small businesses or entities, CPSC provides a variety of resources to
help both new and experienced small businesses learn about safety requirements that
apply to consumer products. These resources include the CPSC Regulatory Robot, small
business education videos, and the Small Business Ombudsman. Many of these resources
can be accessed online at: https://www.cpsc.gov/Business--Manufacturing/BusinessEducation. Small firms can reach the Small Business Ombudsman directly by calling (888)
531-9070.

6.

Less Frequent Collection

7.

Paperwork Reduction Act Guidelines

Window coverings that conform to ANSI/WCMA – 2018 regarding the identified
characteristics have been effective in reducing the risk of injury from strangulation
associated with operating cords on stock window coverings, and inner cords on stock and
custom window coverings. The voluntary standard already requires the manufacturer
label, regardless of CPSC’s requirements. Additionally, the absence of the manufacturer
label would make it difficult for staff, manufacturers, and consumers to identify the product
and class of products subject to a recall.
This collection of information does not require collection to be conducted in a manner
inconsistent with the guidelines delineate in 5 CFR 1320.5(d)(2).
8.

Consultation and Public Comments

Part A: PUBLIC NOTICE

A Federal Register Notice (FRN) for the collection published on Friday, January 7, 2022.
The FRN citation is 87 FRN 891. In the public notice, we request comments on the potential
estimate of no burden.
Part B: CONSULTATION

CPSC staff began working with the Window Covering Manufacturers Association (WCMA)
in 1995 on an American National Standards Institute (ANSI) voluntary standard to address
the strangulation hazard to young children from accessible cords on window coverings.
Since 1995, CPSC staff has participated in WCMA steering committee meetings, including
participating in the stock/custom window covering definitions and warning labeling task
groups.

In November 2010, CPSC held a public meeting regarding window coverings, and WCMA
announced that it would establish a steering committee to oversee the activities of six task
groups, including one intended for operating pull cords and another for continuous loops.
ANSI published a revision to the window coverings standard, ANSI/WCMA A100.1-2018,
on January 8, 2018. WCMA updated the 2018 version of the standard in May 2018, and the
standard went into effect on December 15, 2018.
This notice of proposed rulemaking (NPR) is based on ANSI/WCMA-2018, revised
standard.

9.

Gifts or Payment

10.

Confidentiality

11.

Sensitive Questions

12.

Respondent Burden and its Labor Costs

No payments or gifts are being offered to respondents as an incentive to participate in the
collection.
A Privacy Act Statement is not required for this collection because we are not requesting
individuals to furnish personal information for a system of records.
This collection does not include questions that could be considered sensitive.
Part A: ESTIMATION OF RESPONDENT BURDEN

Respondents are persons who manufacture or import stock or custom window coverings.
We estimate the maximum burden of this collection of information as follows:
Table – Estimated (maximum) Annual Reporting Burden
16 CFR Section
Number of Frequency of Total annual Hours per
respondents
responses
responses
response
1120.3 (e)(3) &
1120.3 (f)(2)

391

11

4,301

1

Total
burden
hours
4,301

The Commission proposes in the NPR to deem the absence of a manufacturer label,
required on both stock and custom window coverings, as set forth in section 5.3 of
ANSI/WCMA – 2018, an SPH. Section 5.3 of the voluntary standard requires: “There shall
be a permanent label(s) or marking on all finished window covering products.” The
required label must be on the headrail or the roller tube of every window covering. The
label must contain: The name, city, and state of the manufacturer, importer, or fabricator;
the month and year of manufacture; and the designation of the window covering as either
“Stock” or “Custom.”

Three hundred ninety-one (391) known entities supply window coverings to the U.S.
market. If modifications to existing product labels are required, we estimate that the time
required to make these modifications is about 1 hour per model. Based on an evaluation of
supplier product lines, each of the 391 entities supplies an average of 11 models of window
coverings. Therefore, the estimated burden associated with labels is 1 hour per model ×
391 entities × 11 models per entity = 4,301 hours, if every known entity that supplies
window coverings to the U.S. market makes modification to existing product labels.

This burden estimate is the largest possible, assuming that every manufacturer had to
modify the on-product label. However, based on staff’s review of stock and custom window
products, window coverings already substantially comply with the on-products
manufacturer label requirement in section 5.3 of ANSI/WCMA – 2018. Accordingly, product
modification and any associated burden is unlikely.
Under the OMB’s regulations (5 CFR 1320.3(b)(2)), the time, effort, and financial resources
necessary to comply with a collection of information that would be incurred by persons in
the “normal course of their activities” are excluded from a burden estimate, where an
agency demonstrates that the disclosure activities required to comply are “usual and
customary.” Staff estimates a high degree of compliance with the voluntary standard, more
than 90 percent of stock products and a substantial number of the custom products, such
that window coverings already comply with the on-product manufacture label requirement
in the voluntary standard. Therefore, CPSC could estimate that no burden hours are
associated with the proposed rule, because any burden associated with the on-product
manufacturer label would be “usual and customary” and not within the definition of
“burden” under the OMB’s regulations. CPSC has requested comments on this potential
estimate of no burden.
Part B: LABOR COST OF RESPONDENT BURDEN

We estimate the hourly compensation for the time required to create and update labels is
$33.78 (U.S. Bureau of Labor Statistics, “Employer Costs for Employee Compensation,”
March 2021, total compensation for all sales and office workers in goods-producing private
industries: http://www.bls.gov/ncs/). Therefore, the (maximum) estimated annual cost to
industry associated with the labeling requirements is $145,288 ($33.78 per hour × 4,301
hours = $145,288).

No operating, maintenance, or capital costs are associated with the collection. This estimate
of the labor cost of respondent burden is the largest possible, and assumes that every
manufacturer had to modify the on-product label. CPSC has requested comments on the
analysis demonstrating that the largest possible burden estimate for the proposed
standard to required the manufacturer label in section 5.3 of ANSI/WCMA – 2018 on stock
and custom window coverings to be 4,301 hours at a cost of $145,288 annually.
13.

Respondent Costs Other Than Burden Hour Costs

14.

Cost to the Federal Government

There are no annualized costs to respondents to complete this collection other than the
labor burden costs estimated in Section 12 of this document.
The estimated costs to the federal government for this collection is $88,498. This estimate
uses a federal employee annual wage of $121,065 (the equivalent of a salaried GS-13, Step5

employee, in the D.C. area, 2022) which comprises 68.4 percent of the costs of
compensation, with the remaining 31.6 percent added for benefits (U.S. Bureau of Labor
Statistics, “Employer Costs for Employee Compensation,” September 2021, percentage of
wages and salaries for all civilian management, professional, and related employees) for
total compensation $176,996 FTE. Therefore, the estimated 6 months of staff work on this
collection will cost $88, 498 ($176,996 per year, for half a year).

There are no operational and maintenance costs to the federal government associated with
the collection.
15.

Reasons for Change in Burden

16.

Publication of Results

17.

Non-Display of OMB Expiration Date

18.

Exceptions to “Certification for Paperwork Reduction Submissions” (1 sentence)

This is a new collection with a new associated burden.
The results of this information collection will not be published.
We are not seeking approval to omit the display of the expiration date of the OMB approval
on the collection instrument.
We are not requesting any exemptions to the provisions stated in 5 CFR 1320.9.