Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations

20224 Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations No. SB 2016 72 50 00 1/00, dated January 21, 2016, onto any engine. CONSUMER PRODUCT SAFETY COMMISSION (g) Alternative Methods of Compliance (AMOCs) 16 CFR Part 1211 The Manager, Engine Certification Office, FAA, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request. You may email your request to: ANE-AD-AMOC@faa.gov. (h) Related Information (1) For more information about this AD, contact Kenneth Steeves, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803; phone: 781 238 7765; fax: 781 238 7199; email: kenneth.steeves@faa.gov. (2) Refer to MCAI European Aviation Safety Agency AD 2016 0025 E, dated January 26, 2016 (corrected January 27, 2016), for more information. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA 2016 3692. (i) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) GE Aviation Czech s.r.o. Alert Service Bulletin No. SB 2016 72 50 00 1/00, dated January 21, 2016. (ii) Reserved. (3) For GE Aviation Czech s.r.o service information identified in this AD, contact GE Aviation Czech s.r.o., Beranovy ch 65, 199 02 Praha 9 Letn any, Czech Republic; phone: +420 222 538 111; fax: +420 222 538 222. (4) You may view this service information at FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781 238 7125. (5) You may view this service information 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/ibrlocations.html. Issued in Burlington, Massachusetts, on March 24, 2016. Colleen M. D Alessandro, Manager, Engine & Propeller Directorate, Aircraft Certification Service. [FR Doc. 2016 07843 Filed 4 6 16; 8:45 am] BILLING CODE 4910 13 P VerDate Sep<11>2014 15:09 Apr 06, 2016 Jkt 238001 [Docket No. CPSC 2015 0025] Safety Standard for Automatic Residential Garage Door Operators U.S. Consumer Product Safety Commission. ACTION: Final rule. AGENCY: The Consumer Product Safety Commission ( Commission or CPSC ) is issuing a final rule amending the regulations for the 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, Sixth Edition, Standard for Safety for Door, Drapery, Gate, Louver, and Window Operators and Systems. DATES: The rule is effective on May 9, 2016. The incorporations by reference of the publications listed in this rule are approved by the Director of the Federal Register as of May 9, 2016. 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: SUMMARY: 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, at the direction of 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, Standard for Safety for Door, Drapery, Gate, 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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, several times in the past, after UL has notified the Commission of changes to UL 325 s entrapment protection requirements, the Commission has revised the GDO standard to reflect the UL updates. The Commission last updated 16 CFR part 1211 in 2007 to reflect changes made to the entrapment protection provisions of UL 325 up to that time that previously had not been reflected in the regulation. On September 2, 2015, the Commission published a notice of proposed rulemaking ( NPR ), proposing to update 16 CFR part 1211 to reflect recent changes made by UL to the entrapment protection requirements of UL 325. (See 80 FR 53036). After publication of the NPR, UL released an update to UL 325 (UL 325, Sixth Edition, February 24, 2016 Revision). The February 24, 2016 revisions to the UL 325 Sixth Edition are related to the entrapment protection provisions for residential GDOs and are minor and editorial in nature. The February 24, 2016 revisions were made by UL to improve the clarity of the standard and describe test conditions better. The final rule has been revised to incorporate these editorial changes, as described in Section C of the preamble, so that the rule is consistent with the most recent version of UL 325. B. Responses to Comments Three comments were submitted on the NPR. Two commenters express support for the proposed rule and acknowledge the rule s safety benefits. Comment: One commenter expresses concern about the public availability and accessibility of documents that are incorporated by reference, by either congressional mandate or through rulemaking. The commenter asserts that it is unclear which version of UL 325 is mandatory law. The commenter also describes the difficulties encountered attempting to purchase UL 325, an attempt to request the standard under FOIA, as well as difficulty accessing UL 325 in government reading rooms or libraries. The commenter also asserts that the Fifth Edition of UL 325 is the current binding law, until the proposed rule is finalized. The commenter also notes that the NPR proposed incorporating by reference five voluntary standards that are contained in UL 325. The commenter asserts that it is unclear E:\FR\FM\07APR1.SGM 07APR1

Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations 20225 what version of UL 99, UL 1998, and UL 746C the Commission proposed to incorporate by reference in the NPR. The commenter notes that the UL link in the NPR for the proposed incorporation by reference for the voluntary standard ANSI/DASMA 102 2004 is inoperative. The commenter further states that the DASMA Web site has a new version ANSI/DASMA 201 2011 on their Web site, and ANSI/ DASMA 102 2004 is no longer available. The commenter asserts there is no reason to incorporate ANSI/ DASMA 102 2004 because it is not readily available on the DASMA or CPSC Web site. The commenter contends that it is crucial that these five voluntary standards be made freely available. The commenter notes that the law must be available for all to read because ignorance of the law is no excuse. Response: The commenter misunderstands the mandatory safety standard for automatic residential GDOs. The NPR did not propose incorporating by reference any part of UL 325, nor has any previous rulemaking under 16 CFR part 1211 incorporated by reference any part of UL 325. Therefore, no version of the voluntary standard UL 325 is currently mandatory, nor has it been mandatory in the past. Rather, using appropriate rulemaking procedures, the Commission has based the current and previous mandatory requirements of CPSC s safety standard for automatic residential GDOs in 16 CFR part 1211 on the entrapment protection provisions of UL 325. The NPR proposed revisions to 16 CFR part 1211 based upon revisions made to UL 325, but the NPR does not incorporate by reference any of the provisions of UL 325. All the requirements in the proposed rule are codified or incorporated in 16 CFR part 1211. Therefore, purchase of, or access, to any version UL 325 is not necessary to determine the legal requirements for automatic residential GDOs; all of the requirements for GDOs are stated in 16 CFR part 1211, which is publicly available in the Code of Federal Regulations ( CFR ). As correctly noted by the commenter, the Office of the Federal Register ( OFR ) requires reference to a specific version of a voluntary standard for the standard to be incorporated by reference in the CFR. The preamble and the codified text of the NPR clearly indicated what version of UL 99, UL 1998, and UL 746C was being proposed for incorporation by reference. (See 80 FR at 53039). Regarding the incorporation by reference of the ANSI/DASMA 102 2004 voluntary standard in the NPR, the commenter is correct that the link on the DASMA Web site currently is inoperative. After publication of the NPR in the Federal Register, DASMA removed the ANSI/DASMA 102 2004 voluntary standard from its Web site and replaced it with the more recent version, ANSI/DASMA 102 2011. DASMA gave no indication on its Web site when the NPR was published that the standard was being updated with a newer version. As noted by the commenter, the revisions in ANSI/ DASMA 102 2011 are not substantive in nature. Due to the public availability and the editorial nature of the changes reflected in ANSI/DASMA 102 2011, the final rule incorporates by reference ANSI/DASMA 102 2011, in lieu of the proposed incorporation of ANSI/ DASMA 102 2004 in the NPR. The 2011 version of the ANSI/DASMA standard is available on DASMA s Web site. Regarding the commenter s assertions about the incorporation by reference of five voluntary standards in the NPR, the OFR recently updated 1 CFR part 51, the regulation governing incorporation by reference in the CFR. (Final Rule, 79 FR 66267, November 7, 2014). Responding to comments regarding accessibility, the OFR noted that the final rule for incorporation by reference balanced the standards reasonable availability with U.S. copyright law, U.S. international trade obligations, and agencies ability to substantively regulate under their authorizing statutes. The OFR noted that to achieve this balance, the incorporation by reference rule requires that agencies discuss how incorporated materials were made publicly available to the parties, where those materials are located, and provide a summary of those materials in the preambles of rulemaking documents. (See 79 FR at 66270). The preamble to the NPR for the safety standard for automatic residential garage door operators provided that information. (See 80 FR 53036, 53039). The OFR noted in the preamble to the final rule regarding incorporation by reference and the cost of standards: while these materials may not be as easily accessible as the commenter would like,... they are described in the regulatory text in sufficient detail so that a member of the public can identify the standard IBR d into the regulation. (79 FR at 66272). The Commission has met the requirements for 1 CFR part 51 regarding incorporation by reference. C. Description of the Final Rule The final rule revises subpart A of the GDO standard and creates a new subpart D to consolidate all of the incorporations by reference in the rule. VerDate Sep<11>2014 15:09 Apr 06, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1 The final rule does not change the certification (subpart B) or recordkeeping (subpart C) provisions of the GDO standard. The text of the final rule is nearly identical to the NPR, with the few exceptions described below. As explained in the NPR, the Commission is revising several sections of the existing regulation. In addition, the rule adds three new sections ( 1211.14 (unattended operation requirements), 1211.15 (vertically moving combination rigid one-piece overhead residential garage door and operator system) and 1211.40 (consolidating all of the incorporations by reference in one place). Changes to the rule reflect changes that UL made to the entrapment protection provisions of UL 325. UL added requirements for certain types of GDOs that were not previously covered by the GDO standard. Most of the revisions to the GDO standard involve adding requirements for these types of GDOs and making changes related to these provisions. In addition, UL added requirements for unattended operation of GDOs and for wireless control and communications. Finally, UL made several editorial changes throughout the standard to provide better descriptions of the appropriate requirements and test conditions. UL also revised dimensional tolerances on test fixtures so that the fixtures can be manufactured using generally available machine tools. As discussed in more detail below, the Commission is incorporating these changes into the Commission s GDO standard at 16 CFR part 1211. GDOs that Open Horizontally. Because UL added requirements for GDOs that open horizontally, the rule is revised to differentiate between requirements for horizontal- and vertical-opening GDOs ( 1211.6(d)). Entrapment protection requirements are similar for vertically and horizontally opening GDOs. UL added and clarified test requirements to address entrapment protection for either vertical or horizontal movement. In addition, UL clarified wording throughout the standard, such as replacing downward movement with closing movement, and adding vertically or horizontally moving, where appropriate. Additionally, UL clarified secondary entrapment protection requirements for vertically and horizontally opening GDOs. The final rule incorporates these changes ( 1211.8). Combination Sectional Overhead GDOs. UL added requirements for combination sectional overhead GDOs, which are a door and operator combination, in which the door and

20226 Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations hardware are an integral part of the operator, and in which the operator does not exert a driving force on the door in the closing direction. The final rule incorporates these changes ( 1211.6(c)). Under UL s revised provisions, this type of GDO must comply with the common requirements for GDOs; plus, they must comply with the requirements found in the American National Standard/Door and Access Systems Manufacturers ANSI/DASMA 102 2011, Specifications for Sectional Doors, 2011 revision, dated May 19, 2011, which the rule incorporates by reference ( 1211.6(c)). As noted in response to a comment in Section B of the preamble, the Commission is incorporating ANSI/DASMA 102 2011 instead of ANSI/DASMA 102 2004 as proposed in the NPR because ANSI/ DASMA 102 2011 is the most recent version of the standard and the one publically available on the DASMA Web site. ANSI/DASMA 102 2011 does not differ from ANSI/DASMA 102 2004 substantively because the changes are merely editorial in nature. ANSI/DASMA 102 2011 provides requirements for installation/operation, maintenance, durability, and identification of GDO systems with the name and address of the door system manufacturer, loads, in addition to general requirements. This ANSI/ DASMA standard is available from ANSI/DASMA, or the standard may be examined at the offices of the Federal Register. Additionally, the revised UL standard requires that the instructions for combination sectional overhead GDOs must specify: (1) The operator by manufacturer and model; (2) the doors by manufacturer, model, and maximum and minimum door width and height required for compliance to the entrapment protection requirements; (3) the hardware required to meet the entrapment protection requirements ( 1211.16(a)(13)); and (4) how to properly counterbalance the door (( 1211.16(a)(14)). Finally, combination sectional overhead GDOs must be provided with permanent labels that contain specific warnings ( 1211.17(k)) and markings ( 1211.17 (m)). The rule includes these requirements in the sections indicated. Unattended Operation of GDOs. UL added requirements for unattended operation of GDOs, which is permitted if additional safety features are provided. The final rule includes these requirements (new 1211.14). Under UL s revised provisions, unattended operation is allowable only if proper installation instructions and markings are provided. Unattended GDOs must require one or more intentional actions to function and must require an audible and visual alarm that must signal for 5 seconds before door movement. Unattended operation is not permitted on one-piece or swinging garage doors. The word bulb is changed to light to address newer technologies that may use LEDs that may not be considered bulbs and clarifies that the visual or audio alarm during unattended operation does not require monitoring. Combination Rigid One-Piece Overhead GDOs. UL added requirements for combination rigid onepiece overhead GDOs, which are a door and operator combination in which the door is constructed of one rigid piece. The final rule includes these requirements (new 1211.15). Under UL s revised provisions, this type of GDO must comply with the common requirements for GDOs; plus, the speed of the door edge during movement must not exceed 6 inches per second. This type of GDO also must provide two additional independent secondary entrapment-protection devices, including a minimum of two sensors. Additionally, these GDOs must provide a means of mechanically detaching both door operators from the door and must have an interlock to de-energize the operator when detached. Finally, the installation instructions for combination rigid one-piece GDOs must specify attachment points for installation. The rule includes these requirements for instructions ( 1211.16(b)(2)(13)). Wireless Control and Communication. UL added requirements for wireless control ( 1211.8(d) and 1211.10(f)), including additional tests for battery operation ( 1211.10(g)) and wireless communication ( 1211.10(h)). The rule includes these requirements at the sections indicated. Photoelectric Sensors. UL added requirements for alternate sources of light for the photoelectric sensor ambient light test. The rule includes these requirements ( 1211.11(e)(2)). The current test method specifies a specific DXC RFL 2 flood lamp, which is becoming difficult to obtain in the marketplace. Instead, the requirement specifies the minimum required wattage (500W) and maximum color temperature (3600K) of the light, to allow for available light sources without affecting the test results. UL added a new test method for GDOs that use an array of vertical photoelectric sensors as a non-contact external entrapment protection device. The rule includes this new test method ( 1211.11 (d)(4) and new paragraph (f)). The new method verifies that the vertical sensors function properly. VerDate Sep<11>2014 15:09 Apr 06, 2016 Jkt 238001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1 Clarifications. UL made several clarifications throughout the standard to improve clarity and describe test conditions better. The rule includes these clarifications: Electronic instructions ( 1211.16(a)(10)) may be provided on alternate sources, such as CD ROM, USB flash drive, or company Web site. For GDOs for one-piece doors that have an unattended operation function, certain markings are not required if the GDO automatically senses door operation ( 1211.16(b)(1)(ii), 1211.17(h), and 1211.18(m)), The requirements for UL markings for voltage, frequency, and input are clarified ( 1211.18(b)(3) and (4)). UL marking requirements for risk of entrapment on GDOs that have user adjustments ( 1211.18(i)) shall be located where visible to the user when making adjustments. Requirements for the external entrapment protection device (i.e., photoelectric sensor and edge sensor) test criteria ( 1211.10(b), (c), and (e) and 1211.11(d)(4)) are clarified, and the requirements for determining whether the system is operating normally before and after each test are made consistent throughout the standard. The requirements for the switch or relay used in the entrapment protection circuit ( 1211.6(f)) are clarified by stating that the switch or relay must be capable of operating at a minimum cycling of 100,000 cycles, as intended in the GDO without failing, and that when/ if failure does occur in actual use (at any cycle count), failure shall result in preventing further operation of the door. As mentioned above, the rule reflects a few minor and editorial changes in UL 325, Sixth Edition, February 24, 2016 Revision. In addition, the final rule is adding a new subpart D to consolidate the incorporations by reference in the proposed rule in one location. The rule reflects the revisions below: Update the incorporation by reference in 1211.6(c) from ANSI/ DASMA 102 2004 to the more recent and available ANSI/DASMA 102 2011 voluntary standard. Add a new subpart D titled Incorporation by Reference, with a new 1211.40 that centralizes the IBR paragraphs from the NPR in one location. Add a new cross reference in 1211.8 (f) to 1211.6(b)(3). Revise 1211.16 (b)(1)(i)(3) to add the word pull before rope, and add two commas. Revise 1211.16 (b)(1)(i)(6) to insert above floors, landings, steps, or any

Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations 20227 other adjacent walking surface between the words feet and so. Revise 1211.16 (b)(1)(i)(9) by striking the proposed language and replacing with For products having a manual release, instruct the end user on the operation of the manual release. Create a new 1211.16 (b)(1)(i)(10), and insert the language from proposed 1211.16 (b)(1)(i)(9) in the new 1211.16 (b)(1)(i)(10). D. Incorporation by Reference As noted above, a new subpart D titled Incorporation by Reference, with a new 1211.40 that centralizes the IBR paragraphs from the NPR in one location is being added to the final rule. In addition, the rule updates the existing incorporations by reference in the mandatory rule to the most recent version of the appropriate voluntary standard, as follows: NFPA 70 (The standard addresses the installation of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways in commercial, residential, and industrial occupancies.)( 1211.2(c) and 1211.40(c)); UL 991 (The requirements apply to controls that employ solid-state devices and are intended for specified safetyrelated protective functions.)( 1211.4(c), 1211.5(c) and 1211.40(d)(2)); UL 1998 (These requirements apply to non-networked embedded microprocessor software whose failure is capable of resulting in a risk of fire, electric shock, or injury to persons.)( 1211.8(f) and 1211.40(d)(3)); and UL 746C (These requirements cover parts made of polymeric materials that are used in electrical equipment and describe the various test procedures and their use in the testing of such parts and equipment.)( 1211.10(d) and (e), 1211.12(c)(2), and 1211.40(d)(1)). In addition, 1211.6(c) and 1211.40(b) of the final rule adds a new incorporation by reference for ANSI/ DASMA 102 2011. The NPR proposed incorporating ANSI/DASMA 102 2004 in 1211.6(c) of the rule, but since publication of the NPR, DASMA has released a more recent version of the standard ANSI/DASMA 102 2011, dated May 19, 2011, on its Web site. The Commission is incorporating ANSI/ DASMA 102 2011 instead of the ANSI/ DASMA 102 2004 as proposed in the NPR because it is the most recent version of the standard and the one available on the DASMA Web site. The OFR has regulations concerning incorporation by reference. 1 CFR part 51. The OFR revised these regulations to require that, for a final rule, agencies must discuss in the preamble, the ways that the materials the agency incorporates by reference are reasonably available to interested persons 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, this section and section C of this preamble summarize the provisions of the voluntary standards that the rule incorporates by reference: Specifications for Sectional Doors, ANSI/DASMA 102 2011, dated May 19, 2011. ANSI/DASMA 102 2011 is copyrighted. Copies may be obtained from the Door and Access Systems Manufacturers Association, International, 1300 Sumner Avenue, Cleveland, OH 44115 2851, telephone (216) 241 7333, or online at: http:// www.dasma.com/pdf/publications/ Standards/ANSIDASMA102_2011.pdf. National Electrical Code, NFPA 70, 2014 edition, effective August 21, 2013. NFPA 70 is copyrighted. Copies may be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02269 9101, http:// www.nfpa.org/; Telephone: (800) 344 3555. Standard for Safety for Tests for Safety-Related Controls Employing Solid-State Devices, UL 991, Third Edition, dated October 22, 2004. Standard for Safety for Software in Programmable Components, UL 1998, Third Edition, dated December 18, 2013. Standard for Safety for Polymeric Materials Use in Electrical Equipment Evaluations, UL 746C, Sixth Edition, dated September 10, 2004. The UL standards listed above are copyrighted. The UL standards 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 all of the abovereferenced standards 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. E. Effective Date The NPR proposed a 30-day effective date from the date of publication of the final rule in the Federal Register because the requirements for residential GDOs in UL 325, Sixth Edition are currently in effect. No comments were received regarding the effective date. VerDate Sep<11>2014 15:09 Apr 06, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1 Therefore, the effective date for the rule is May 9, 2016. F. 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. The Commission certified that this rule will not have a significant impact on a substantial number of small entities pursuant to section 605(b) of the RFA, 5 U.S.C. 605(b) in the NPR. 80 FR 53036, 53039. The Commission did not receive any comments that questioned or challenged this certification, nor has CPSC staff received any other information that would require a change or revision to the Commission s previous analysis of the impact of the rule on small entities. Therefore, the certification of no significant impact on a substantial number of small entities is still appropriate. G. 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 the rules 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. H. Preemption The Improvement Act contains a preemption provision that 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). List of Subjects in 16 CFR Part 1211 Consumer protection, Imports, Incorporation by reference, Labeling, Reporting and recordkeeping requirements.

20228 Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations 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 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] 2. Amend 1211.2 by revising paragraph (c) to read as follows: 1211.2 Definition. (c) Is intended to be employed in ordinary locations in accordance with NFPA 70 (incorporated by reference, see 1211.32). 3. Amend 1211.4 by revising paragraph (c) to read as follows: 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 1211.40), including environmental and stress tests appropriate to the intended usage of the end-product. 4. Amend 1211.5 by revising paragraphs (a)(1) and (6), (b) introductory text, and (b)(3) to read as follows: 1211.5 General testing parameters. (a) * * * (1) With regard to electrical supervision of critical components, an operator being inoperative with respect to closing movement of the door meets the criteria for trouble indication. (6) When a Computational Investigation is conducted, l p shall not be greater than 6 failures/10 6 hours for the entire system. For external secondary entrapment protection devices or systems that are sold separately, l p shall not be greater than 0 failures/10 6 hours. For internal secondary entrapment protection devices or systems whether or not they are sold separately, l p shall not be greater than 0 failures/10 6 hours. The operational test is conducted for 14 days. An external secondary entrapment protection device or system that is sold separately, and that has a l p greater than 0 failures/10 6 hours meets the intent of the requirement when for the combination of the operator and the specified external secondary entrapment protection device or system l p does not exceed 6 failures/10 6 hours. See 1211.18(j) through (l). (b) In the evaluation of entrapment protection circuits used in residential garage door operators, the critical condition flow chart shown in Figure 1 to subpart A shall be used: (3) During the Power Cycling Safety for Tests in accordance with UL 991 (incorporated by reference, see 1211.40). 5. Revise 1211.6 to read as follows: 1211.6 General entrapment protection requirements. (a) A residential garage door operator system shall be provided with inherent primary entrapment protection that complies with the requirements as specified in 1211.7. (b) In addition to the inherent primary entrapment protection as required by paragraph (a) of this section, a vertically moving residential garage door operator shall comply with one of the following: (1) Shall be constructed to: (i) Require constant pressure on a control intended to be installed and activated within line of sight of the door to lower the door; (ii) Reverse direction and open the door to the upmost position when constant pressure on a control is removed prior to operator reaching its lower limit, and (iii) Limit a portable transmitter, when supplied, to function only to cause the operator to open the door; (2) Shall be provided with a means for connection of an external secondary entrapment protection device as described in 1211.8, 1211.10, and 1211.11; or (3)(i) Shall be provided with an inherent secondary entrapment protection device as described in 1211.8(a), 1211.8(c), 1211.8(f), 1211.10, and 1211.12 and is: (A) A combination sectional overhead garage door operator system as described in 1211.6(c); and (B) For use only with vertically moving garage doors. (ii) With respect to 1211.6(b)(3)(i)(A), trolley-driven operators do not meet the definition of a combination sectional overhead garage door operator system. (c) In the case of a vertically moving combination sectional overhead garage VerDate Sep<11>2014 15:09 Apr 06, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1 door operator system, the door shall comply with the requirements in ANSI/ DASMA 102 (incorporated by reference, see 1211.40). (d) In addition to the inherent primary entrapment protection as required by 1211.6(a), a horizontally sliding residential garage door operator shall comply with one of the following: (1) Shall be constructed to: (i) Require constant pressure on a control to close the door; (ii) Reverse direction and open the door a minimum of 2 in (50.8 mm) when constant pressure on a control is removed prior to operator reaching its position limit; and (iii) Stop the door if a second obstruction is detected in the reverse direction. (2) Shall be provided with a means for connection of an external secondary entrapment protection device for each leading edge as described in 1211.8. (e) A mechanical switch or a relay used in an entrapment protection circuit of an operator shall withstand 100,000 cycles of operation controlling a load no less severe (voltage, current, power factor, inrush and similar ratings) than it controls in the operator, and shall function normally upon completion of the test. (f) In addition to complying with paragraph (e) of this section, in the event of a malfunction of a switch or relay (open or short) described in paragraph (c) of this section results in loss of any entrapment protection required by 1211.7(a), 1211.7(b)(7), 1211.7(c)(7), 1211.8(a), or 1211.8(b), the door operator shall become inoperative at the end of the opening or closing operation, the door operator shall move the door to, and stay within, 1 foot (305 mm) of the uppermost position. 6. Revise 1211.7 to read as follows: 1211.7 Inherent primary entrapment protection requirements. (a) General requirements. A vertically moving residential garage door operator system shall be supplied with inherent primary entrapment protection that complies with the requirements as specified in paragraph (b) of this section. A horizontally sliding residential garage door operator system shall be supplied with inherent primary entrapment protection that complies with the requirements as specified in paragraph (c) of this section. (b) Inherent primary entrapment protection, vertically moving doors. (1)(i) For a vertically moving residential garage door operator system, other than for the first 1 foot (305mm) of door travel from the full upmost position both with and without any secondary

Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations 20229 external entrapment protection device functional, the operator of a downward moving residential garage door shall initiate reversal of the door within 2 seconds of contact with the obstruction as specified in subparagraph (b)(3) of this section. After reversing the door, the operator shall return the door to, and stop at, the full upmost position. Compliance shall be determined in accordance with paragraphs (b)(3) through (10) of this section. (ii) The door operator is not required to return the door to, and stop the door at, the full upmost position when the operator senses a second obstruction during the upward travel. (iii) The door operator is not required to return the door to, and stop the door at, the full upmost position when a control is actuated to stop the door during the upward travel but the door can not be moved downward until the operator reverses the door a minimum of 2 inches (50.8 mm). (2) The test shall be performed on a representative operating system installed in accordance with the manufacturer s installation instructions with the operator exerting a 25-lbf (111.21 N) pull or its rated pull, whichever is greater. (3)(i) A solid object is to be placed on the floor of the test installation and at various heights under the edge of the door and located in line with the driving point of the operator. When tested on the floor, the object shall be 1 inch (25.4 mm) high. In the test installation, the bottom edge of the door under the driving force of the operator is to be against the floor when the door is fully closed. (ii) For operators other than those attached to the door, a solid object is not required to be located in line with the driving point of the operator. The solid object is to be located at points at the center, and within 1 foot of each end of the door. (iii) To test operators for compliance with requirements in paragraphs (b)(1)(iii), (b)(7)(iii), and (b)(8)(iii) of this section and 1211.13(c), a solid rectangular object measuring 4 inches (102 mm) high by 6 inches (152 mm) wide by a minimum of 6 inches (152 mm)long is to be placed on the floor of the test installation to provide a 4-inch (102 mm) high obstruction when operated from a partially open position. (4) An operator is to be tested for compliance with paragraph (b)(1) of this section for 50 open-and-close cycles of operation while the operator is connected to the type of residential garage door with which it is intended to be used or with the doors specified in paragraph (b)(6) of this section. For an operator having a force adjustment on the operator, the force is to be adjusted to the maximum setting or at the setting that represents the most severe operating condition. Any accessories having an effect on the intended operation of entrapment protection functions that are intended for use with the operator, are to be attached and the test is to be repeated for one additional cycle. (5) For an operator that is to be adjusted (limit and force) according to instructions supplied with the operator, the operator is to be tested for 10 additional obstruction cycles using the solid object described in paragraph (b)(3) of this section at the maximum setting or at the setting that represents the most severe operating condition. (6) For an operator that is intended to be used with more than one type of door, one sample of the operator is to be tested on a sectional door with a curved track and one sample is to be tested on a one-piece door with jamb hardware and no track. For an operator that is not intended for use on either or both types of doors, a one-piece door with track hardware or a one-piece door with pivot hardware shall be used for the tests. For an operator that is intended for use with a specifically dedicated door or doors, a representative door or doors shall be used for the tests. See the marking requirements at 1211.18. (7)(i) An operator, employing an inherent entrapment protection system 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 full upmost position in the event the inherent door operating profile of the door differs from the originally set parameters. The entrapment protection system shall measure or monitor the position of the door at increments not greater than 1 inch (25.4 mm). (ii) The door operator is not required to return the door to, and stop the door at, the full upmost position when an inherent entrapment circuit senses an obstruction during the upward travel. (iii) The door operator is not required to return the door to, and stop the door at, the full upmost position when a control is actuated to stop the door during the upward travel but the door can not be moved downward until the operator reverses the door a minimum of 2 inches (50.8 mm). (8)(i) An operator, using an inherent entrapment protection system that does not measure or monitor the actual position of the door, shall initiate reversal of the door and shall return the door, to and stop the door at the full upmost position, when the lower VerDate Sep<11>2014 15:09 Apr 06, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1 limiting device is not actuated in 30 seconds or less following the initiation of the close cycle. (ii) The door operator is not required to return the door to, and stop the door at, the full upmost position when an inherent entrapment circuit senses an obstruction during the upward travel. When the door is stopped manually during its descent, the 30 seconds shall be measured from the resumption of the close cycle. (iii) The door operator is not required to return the door to, and stop the door at, the full upmost position when a control is actuated to stop the door during the upward travel but the door can not be moved downward until the operator reverses the door a minimum of 2 inches (50.8 mm). When the door is stopped manually during its descent, the 30 seconds shall be measured from the resumption of the close cycle. (9) To determine compliance with paragraph (b)(7) or (8) of this section, an operator is to be subjected to 10 openand-close cycles of operation while connected to the door or doors specified in paragraphs (b)(4) and (6) of this section. The cycles are not required to be consecutive. Motor cooling-off periods during the test meet the intent of the requirement. The means supplied to comply with the requirement in paragraph (b)(1) of this section and 1211.8(a) or (b) are to be defeated during the test. An obstructing object is to be used so that the door is not capable of activating a lower limiting device. (10) During the closing cycle referred to in paragraph (b)(9) of this section, the system providing compliance with paragraphs (b)(1) and (7) of this section or paragraphs (b)(1) and (8) of this section shall function regardless of a short- or open-circuit anywhere in any low-voltage external wiring, any external entrapment devices, or any other external component. (c) Inherent primary entrapment protection, horizontally sliding doors. (1)(i) For a horizontally sliding residential garage door operator system, other than for the first 1 foot (305mm) of door travel from the full closed position both with and without any external entrapment protection device functional, the operator of a closing residential garage door shall initiate reversal of the door within 2 seconds of contact with the obstruction as specified in paragraph (c)(3) of this section. After reversing the door, the operator shall open the door a minimum of 2 inches (50.8 mm) from the edge of the obstruction. Compliance shall be determined in accordance with

20230 Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Rules and Regulations paragraphs (c)(2) through (10) of this section. (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 closing direction of 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 open position until the operator reverses the door a minimum of 2 inches (50.8 mm). (2) The test shall be performed on a representative operating system installed in accordance with the manufacturer s installation instructions with the operator exerting a 25-lbf (111.21 N) pull or its rated pull, whichever is greater. (3)(i) A solid object is to be placed on the floor of the test installation and rigidly supported within the bottom track and then repeated with the solid object placed on the floor and rigidly supported external to the track. The test shall then be repeated with the solid object rigidly supported at heights of 1 ft (305 mm), 3 ft (914 mm), 5 ft (1524 mm), and within 1 ft (305 mm) of the top edge. The object shall be 1 inch (25.4 mm) in width. (ii) For operators other than those attached to the door, a solid object is not required to be located in line with the driving point of the operator. The solid object is to be located at points at the center and within 1 ft of each end of the door opening. (iii) To test operators for compliance with paragraphs (c)(1)(iii), (c)(7)(iii), and (c)(8)(iii) of this section, and 1211.13(c), a solid rectangular object measuring 4 inches (102 mm) high by 6 inches (152 mm) wide by a minimum of 6 in (152 mm) long is to be placed on the floor of the test installation to provide a 4 in (102 mm) high obstruction when operated from a partially open position with the test repeated with the bottom edge of the obstruction rigidly supported at heights of 1 ft (305 mm), 3ft (914 mm), 5ft (1524 mm), and within 1 ft (305 mm) of the top edge. (4) An operator is to be tested for compliance with paragraph (c)(1) of this section for 50 open-and-close cycles of operation while the operator is connected to the type of residential garage door with which it is intended to be used or with the doors specified in paragraph (c)(6) of this section. For an operator having a force adjustment on the operator, the force is to be adjusted to the maximum setting or at the setting that represents the most severe operating condition. Any accessories having an effect on the intended operation of entrapment protection functions that are intended for use with the operator, are to be attached and the test is to be repeated for one additional cycle. (5) For an operator that is to be adjusted (limit and force) according to instructions supplied with the operator, the operator is to be tested for 10 additional obstruction cycles using the solid object described in paragraph (c)(3) of this section at the maximum setting or at the setting that represents the most severe operating condition. (6) For an operator that is intended to be used with more than one type of door, one sample of the operator is to be tested on a sectional door with a curved track and one sample is to be tested on a one-piece door with jamb hardware and no track. For an operator that is not intended for use on either or both of these types of doors, a one-piece door with track hardware or a one-piece door with pivot hardware shall be used for the tests. For an operator that is intended for use with a specifically dedicated door or doors, a representative door or doors shall be used for the tests. See the marking requirements in 1211.18. (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 closed 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). (ii) The door operator is not required to open the door a minimum 2 inches (50.8 mm) when an inherent entrapment circuit senses an 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 the opening direction but the door can not be moved in the closing direction until the operator reverses the door a minimum of 2 inches (50.8 mm). (8)(i) An operator, using an inherent entrapment protection system that does not measure or monitor the actual position of the door, shall initiate reversal of the door and shall open the door a minimum 2 inches (50.8 mm) when the closed position limit device is not actuated within 30 seconds or less following the initiation of the close cycle. VerDate Sep<11>2014 15:09 Apr 06, 2016 Jkt 238001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\07APR1.SGM 07APR1 (ii) The door operator is not required to open the door a minimum 2 inches (50.8 mm) when an inherent entrapment circuit senses an 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 the opening direction but the door can not be moved in the closing direction until the operator has reversed the door a minimum of 2 inches (50.8 mm). When the door is stopped manually during its closing, the 30 seconds shall be measured from the resumption of the close cycle. (9) To determine compliance with paragraph (c)(7) or (8) of this section, an operator is to be subjected to 10 openand-close cycles of operation while connected to the door or doors specified in paragraphs (c)(4) and (6) of this section. The cycles are not required to be consecutive. Motor cooling-off periods during the test meet the intent of the requirement. The means supplied to comply with paragraph (c)(1) of this section and 1211.8(b) are to be inoperative or defeated during the test. An obstructing object is to be used so that the door is not capable of activating a position limiting device. (10) During the closing cycle referred to in paragraph (c)(9) of this section, the system providing compliance with paragraphs (c)(1) and (7) of this section or paragraphs (c)(1) and (8) of this section shall function regardless of a short- or open-circuit anywhere in any low-voltage external wiring, any external entrapment devices, or any other external component. 7. Revise 1211.8 to read as follows: 1211.8 Secondary entrapment protection requirements. (a)(1) For a vertically moving door operator, a secondary entrapment protection device supplied with, or as an accessory to, an operator shall consist of: (i) An external photoelectric sensor that when activated 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, (ii) An external edge sensor installed on the edge of the door that, when activated 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, (iii) An inherent door sensor independent of the system used to