Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Proposed Rules 2217 

expect to receive, i.e., that the depicted 

results are not representative. 

(a) What would be the effects on 

advertisers and consumers of requiring 

clear and conspicuous disclosure of the 

generally expected performance 

whenever the testimonial is not 

generally expected performance 

whenever the testimonial is not 

generally representative of what 

consumers can expect from the 

advertised product? 

(b) What information, other than what 

is required to substantiate an efficacy or 

performance claim, would be required 

for an advertiser to determine generally 

expected results? How difficult would it 

be for the advertiser to make this 

determination? Do the answers to these 

questions vary by product type and, if 

so, how? 

IV. Material Connections 

Section 255.5 of the Guides states that 

advertisers must disclose connections 

between themselves and their endorsers 

that might materially affect the weight 

or credibility of the endorsement (i.e., 

the connection is not reasonably 

expected by the audience). 

Section 255.5 also indicates that 

consumers will ordinarily expect that 

endorsers who are well known 

personalities (i.e., celebrities) or experts 

will be compensated for their 

endorsements; therefore, an advertiser 

need not disclose the payment of 

compensation to such endorsers. A 

September 2003 petition submitted to 

the Commission by Commercial Alert 

suggests an exception to the principle 

that consumers will ordinarily expect 

that endorsers who are well known 

personalities are compensated for their 

endorsements. According to an August 

11, 2002 New York Times article cited 

by the petitioners, ‘‘dozens of celebrities 

* * * have been paid hefty fees to 

appear on television talk shows and 

morning news programs and to disclose 

intimate details of ailments that afflict 

them or people close to them. Often, 

they mention brand-name drugs without 

disclosing their financial ties to the 

medicine’s maker.’’ The Commission is 

interested in any extrinsic evidence 

regarding consumer expectations about 

celebrity endorsements made during an 

interview. Specifically, the Commission 

solicits written public comment on the 

following questions. 

(1) Is there any research showing 

whether consumers have any 

expectations regarding compensation 

paid to celebrities who speak favorably 

about particular products while being 

interviewed outside the context of an 

advertisement (e.g., during television 

talk shows) and, if so, what does that 

research show? 

(2) Would knowledge that a celebrity 

endorsing a product during such an 

interview is being paid for doing so 

affect the weight or credibility 

consumers give to the celebrity’s 

endorsement? 

V. Invitation to Comment 

All persons are hereby given notice of 

the opportunity to submit written data, 

views, facts, and arguments addressing 

the issues raised by this Notice. Written 

comments must be received on or before 

March 19, 2007. All comments should 

be filed as prescribed in the ADDRESSES

section above. 

List of Subjects in 16 CFR Part 255 

Advertising, Trade practices. 

Authority: 15 U.S.C. 41–58. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 07–197 Filed 1–17–07; 8:45 am] 

BILLING CODE 6750–01–M 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1211 

Safety Standard for Automatic 

Residential Garage Door Operators 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Consumer Product Safety 

Commission is proposing to amend 16 

CFR part 1211, Safety Standard for 

Automatic Residential Garage Door 

Operators, to reflect changes made by 

Underwriters Laboratories, Inc. in its 

standard UL 325. 

DATES: Written comments in response to 

this document must be received by the 

Commission no later than February 20, 

2007. 

ADDRESSES: Comments should be filed 

by e-mail to cpsc-os@cpsc.gov. 

Comments also may be filed by 

telefacsimile to (301) 504–0127 or they 

may be mailed or delivered, preferably 

in five copies, to the Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, Room 502, 4330 

East-West Highway, Bethesda, Maryland 

20814–4408; telephone (301) 504–7923. 

Comments should be captioned ‘‘Garage 

door operators.’’

FOR FURTHER INFORMATION CONTACT: John 

Murphy, Directorate for Engineering 

Sciences, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, Maryland, 20814–4408, 

telephone 301–504–7664 or e-mail: 

jmurphy@cpsc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission issued part 1211 on 

December 21, 1992 to minimize the risk 

of entrapment by residential garage door 

openers. As mandated by section 203 of 

Public Law 101–608, subpart A of part 

1211 codifies garage door operator 

entrapment provisions of Underwriter 

Laboratories, Inc. (‘‘UL’’) standard UL 

325, third edition, ‘‘Door, Drapery, 

Louver and Window Operators and 

Systems.’’ Subparagraph (c) of section 

203 of Public Law 101–608 also 

required the Commission to incorporate 

into part 1211 any revisions that UL 

proposed to the entrapment protection 

requirements of UL 325, unless the 

Commission notified UL that the 

revision does not carry out the purposes 

of Public Law 101–608. 

Recently, UL revised some provisions 

of UL 325 in response to a request from 

Commission staff. The staff identified 

several incidents in which children 

became entrapped beneath a garage door 

that had been left partially open. In 

most of these incidents, a child tried to 

crawl under the partially open door and 

became stuck under the door. A 

bystander pressed the wall control 

button thinking the door would go up 

and release the child. Instead, the garage 

door moved down compressing and 

further entrapping the child. The 

Commission determined that the 

entrapment related revisions 

incorporated into the UL standard do 

carry out the purposes of Public Law 

101–608. The proposed rule would 

revise part 1211 to reflect the changes 

UL made to UL 325. UL set an effective 

date of February 21, 2008 for these 

provisions in the UL standard. The 

Commission proposes the same effective 

date for these provisions in the CPSC 

standard. 

To address the same entrapment 

hazard, UL also added to its standard a 

requirement that the statement ‘‘Never 

go under a stopped partially open door’’

be added to garage door operator 

instruction manuals. The Commission is 

proposing to make this change in the 

CPSC standard as well. UL set an 

effective date of September 14, 2004 for 

this provision in UL 325. The 

Commission proposes that the 

instruction manual provision in the 

CPSC standard would become effective 

when it is published as a final rule. 

Pursuant to section 605(b) of the 

Regulatory Flexibility Act, 5 U.S.C. 

605(b), the Commission certifies that 

this rule will not have a significant 

impact on a substantial number of small 


jlentini on PROD1PC65 with PROPOSAL
2218 Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Proposed Rules 

entities. The changes are minor. 

Moreover, UL has already made these 

changes to its UL 325 standard which is 

widely followed by the industry. The 

Commission also certifies that this rule 

will have no environmental impact. 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 proposed 

rule alters that expectation. 

Public Law 101–608 contains a 

preemption provision. It 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, 

Labeling, Reporting and recordkeeping 

requirements. 

Accordingly, 16 CFR part 1211 is 

proposed to be amended as follows: 

PART 1211—SAFETY STANDARDS 

FOR AUTOMATIC RESIDENTIAL 

GARAGE DOOR OPENERS 

1. The authority citation for part 1211 

continues to read as follows: 

Authority: Sec. 203 of Public Law 101–608, 

104 Stat. 3110; 15 U.S.C. 2063 and 2065. 

2. Section 1211.7 is amended by 

revising paragraphs (a), (b), (f) and (g) to 

read as follows: 

§ 1211.7 Inherent entrapment protection 

requirements. 

(a)(1) Other than for the first 1 foot 

(305mm) of door travel from the full 

upmost position both with and without 

any 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 paragraph (b) 

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) through 

(i) of this section. 

(2) 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. 

(3) 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). 

(b)(1) 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. 

(2) 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. 

(3) To test operators for compliance 

with requirements in paragraphs (a)(3), 

(f)(3), and (g)(3) of this section, 

§ 1211.10(a)(6)(iii), 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. 

* * * * * 

(f)(1) An operator, using an inherent 

entrapment protection system that 

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 

monitor the position of the door at 

increments not greater than 1 inch (25.4 

mm). 

(2) 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. 

(3) 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). 

(g)(1) An operator, using an inherent 

entrapment protection system that does 

not 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 limiting device is not actuated 

in 30 seconds or less following the 

initiation of the close cycle. 

(2) 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. 

(3) 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. 

3. Section 1211.10 is amended by 

revising paragraph (a)(1) and adding a 

new paragraph (a)(6) to read as follows: 

§ 1211.10 Requirements for all entrapment 

protection devices. 

(a) General requirements. (1) An 

external entrapment protection device 

shall perform its intended function 

when tested in accordance with 

paragraphs (a)(2) through (4) and (6) of 

this section. 

* * * * * 

(6)(i) An operator using an external 

entrapment protection device, upon 

detecting a fault or an obstruction in the 

path of a downward moving door, shall 

initiate reversal and shall return the 

door to, and stop the door at, the full 

upmost position. 

(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 has reversed the door a 

minimum of 2 inches (50.8 mm). 

4. Section 1211.13 is amended by 

adding a new paragraph (c) to read as 

follows: 

§ 1211.13 Inherent force activated 

secondary door sensors. 

(a) * * * 

(b) * * * 

(c) Obstruction test. For a door 

traveling in the downward direction, 


jlentini on PROD1PC65 with PROPOSAL
Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Proposed Rules 2219 

when an inherent secondary entrapment 

protection device senses an obstruction 

and initiates a reversal, a control 

activation shall not move the door 

downward until the operator reverses 

the door a minimum of 2 inches (50.8 

mm). The test is to be performed as 

described in § 1211.7(b)(3). 

5. Section 1211.14 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 1211.14 [Amended] 

(a) * * * 

(b) Specific required instructions. 

(1) * * * 

(2) The User Instructions shall 

include the following instructions: 

Important Safety Instructions 

Warning—To reduce the risk of severe 

injury or death: 

1. Read and Follow all Instructions. 

2. Never let children operate, or play 

with door controls. Keep the remote 

control away from children. 

3. Always keep the moving door in 

sight and away from people and objects 

until it is completely closed. No One 

Should Cross the Path of the Moving 

Door. 

4. NEVER GO UNDER A STOPPED 

PARTIALLY OPEN DOOR. 

5. Test door opener monthly. The 

garage door MUST reverse on contact 

with a 11⁄2 inch object (or a 2 by 4 board 

laid flat) on the floor. After adjusting 

either the force or the limit of travel, 

retest the door opener. Failure to adjust 

the opener properly may cause severe 

injury or death. 

6. For products requiring an 

emergency release, if possible, use the 

emergency release only when the door 

is closed. Use caution when using this 

release with the door open. Weak or 

broken springs may allow the door to 

fall rapidly, causing injury or death. 

7. Keep Garage Door Properly 

Balanced. See owner’s manual. An 

improperly balanced door could cause 

severe injury or death. Have a qualified 

service person make repairs to cables, 

spring assemblies and other hardware. 

8. Save These Instructions. 

Dated: January 11, 2007. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. E7–580 Filed 1–17–07; 8:45 am] 

BILLING CODE 6335–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 261 and 302 

[EPA–HQ–RCRA–2006–0984, FRL–8270–7] 

RIN 2050–AG15 

Hazardous Waste Management 

System: Identification and Listing of 

Hazardous Waste; Amendment to 

Hazardous Waste Code F019 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to amend 

today the list of hazardous wastes from 

non-specific sources (called F-wastes) 

under 40 CFR 261.31 by modifying the 

scope of the EPA Hazardous Waste No. 

F019 (Wastewater treatment sludges 

from the chemical conversion coating of 

aluminum except from zirconium 

phosphating in aluminum can washing 

when such phosphating is an exclusive 

conversion coating process). The 

Agency would be amending the F019 

listing to exempt wastewater treatment 

sludges from zinc phosphating, when 

such phosphating is used in the motor 

vehicle manufacturing process. EPA is 

proposing two options that would 

require that the wastes be disposed in a 

landfill unit that meets certain liner 

design criteria. These proposed 

modifications to the F019 listing would 

not affect any other wastewater 

treatment sludges either from the 

chemical conversion coating of 

aluminum, or from other industrial 

sources. Additionally, this action would 

amend the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) list of Hazardous Substances 

and Reportable Quantities under 40 CFR 

302.4 so that the F019 listing 

description is consistent with the 

proposed amendment to F019 under 40 

CFR 261.31. 

DATES: Comments must be received on 

or before March 19, 2007. Under the 

Paperwork Reduction Act, comments on 

the information collection provisions 

must be received by OMB on or before 

February 20, 2007. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

RCRA–2006–0984 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: Comments may be sent by 

electronic mail (e-mail) to 

rcra.docket@epamail.epa.gov, Attention 

Docket ID No. EPA–HQ–RCRA–2006– 

0984. 

• Mail: Comments may be submitted 

by mail to: OSWER Docket, Office of 

Solid Waste, U.S. Environmental 

Protection Agency, Mailcode: 5305T, 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–RCRA–2006– 

0984. Please include a total of three 

copies of your comments. In addition, 

please mail a copy of your comments on 

the information collection provisions to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget (OMB), Attn: Desk Officer for 

EPA, 725 17th Street, NW., Washington, 

DC 20503. 

• Hand Delivery: Deliver your 

comments to: EPA Docket Center, Public 

Reading Room, Room 3334, EPA West 

Building, 1301 Constitution Avenue, 

NW., Washington, DC 20460, Attention 

Docket ID No. RCRA–2006–0984. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation 

(8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays) and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–RCRA–2006– 

0984. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through www.regulations.gov your email address will be automatically 

captured and included as a part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 


jlentini on PROD1PC65 with PROPOSAL