[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Rules and Regulations]
[Pages 18111-18114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06334]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2015-0029]
16 CFR Part 1232
Revisions to Safety Standard for Children's Folding Chairs and
Stools
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In December 2017, the U.S. Consumer Product Safety Commission
(CPSC) issued a consumer product safety standard for children's folding
chairs and stools. The standard incorporated by reference the
applicable ASTM voluntary standard. We are publishing this direct final
rule revising the CPSC's mandatory standard for children's folding
chairs and stools to incorporate by reference the most recent version
of the applicable ASTM standard.
DATES: This direct final rule is effective on July 6, 2020, unless we
receive significant adverse comment by May 1, 2020. If we receive
timely significant adverse comments, we will publish a document in the
Federal Register, withdrawing this direct final rule before its
effective date. The incorporation by reference of the publication
listed in this rule is approved by the Director of the Federal Register
as of July 6, 2020.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2015-
0029, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. The CPSC does not accept comments
submitted by electronic mail (email), except through https://www.regulations.gov. The CPSC encourages you to submit electronic
comments by using the Federal eRulemaking Portal, as described above.
Mail/hand delivery/courier Submissions: Submit comments by mail/
hand delivery/courier to: Division of the Secretariat, Consumer Product
Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD
20814; telephone (301) 504-7479.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received may be posted
without change, including any personal identifiers, contact
information, or other personal information provided, to: https://www.regulations.gov. Do not submit electronically confidential business
information, trade secret information, or other sensitive or protected
information that you do not want to be available to the public. If you
wish to submit such information please submit it according to the
instructions for written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov, and insert the
docket number, CPSC-2015-0029, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer,
[[Page 18112]]
Office of Compliance and Field Operations, Consumer Product Safety
Commission, 4330 East-West Highway, Bethesda, MD 20814-4408; telephone:
301-504-6820; email: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
1. Statutory Authority
Section 104(b)(1)(B) of the Consumer Product Safety Improvement Act
(CPSIA), also known as the Danny Keysar Child Product Safety
Notification Act, requires the Commission to promulgate consumer
product safety standards for durable infant or toddler products. The
law requires these standards to be ``substantially the same as''
applicable voluntary standards or more stringent than the voluntary
standards if the Commission concludes that more stringent requirements
would further reduce the risk of injury associated with the product.
The CPSIA also sets forth a process for updating CPSC's durable
infant or toddler standards when the voluntary standard upon which the
CPSC standard was based is changed. Section 104(b)(4)(B) of the CPSIA
provides that if an organization revises a standard that has been
adopted, in whole or in part, as a consumer product safety standard
under this subsection, it shall notify the Commission. In addition, the
revised voluntary standard shall be considered to be a consumer product
safety standard issued by the Commission under section 9 of the
Consumer Product Safety Act (15 U.S.C. 2058), effective 180 days after
the date on which the organization notifies the Commission (or such
later date specified by the Commission in the Federal Register) unless,
within 90 days after receiving that notice, the Commission notifies the
organization that it has determined that the proposed revision does not
improve the safety of the consumer product covered by the standard and
that the Commission is retaining the existing consumer product safety
standard.
2. The Children's Folding Chair and Stool Standard
On December 15, 2017, the Commission published a final rule issuing
a mandatory standard for children's folding chairs and stools that
incorporated by reference the standard in effect at that time, ASTM
F2613-17a, Standard Consumer Specification for Children's Chairs and
Stools. 82 FR 59505. The ASTM standard for children's folding chairs
and stools, ASTM F2613, Standard Consumer Safety Specification for
Children's Chairs and Stools, applies to children's folding chairs and
stools with a seat height of 15 inches or less, and equipped with or
without a rocking base. These chairs are intended to be used by a
single child who can get in and out of the product unassisted. The
standard was codified in the Commission's regulations at 16 CFR part
1232. Since publication of ASTM F2613-17a, the current mandatory
standard, ASTM has published one revision to ASTM F2613. ASTM F2613-19
was approved and published in November 2019. ASTM officially notified
the Commission of this revision on January 6, 2020. The rule is
incorporating ASTM F2613-19 as the mandatory standard.
B. Revisions to the ASTM Standard
Under section 104(b)(4)(B) of the CPSIA, unless the Commission
determines that ASTM's revision of a voluntary standard that is a CPSC
mandatory standard ``does not improve the safety of the consumer
product covered by the standard,'' the revised voluntary standard
becomes the new mandatory standard. As discussed below, the Commission
determines that the changes made in ASTM F2613-19 are neutral or
improve the safety of children's folding chairs and stools. Therefore,
the Commission will allow the revised voluntary standard to become
effective as a mandatory consumer product safety standard under the
statute, effective July 6, 2020.
Differences Between 16 CFR Part 1232 and ASTM F2613-19
In November 2019, ASTM revised ASTM F2613-17a. The resulting
standard, ASTM F2613-19, includes the changes below:
Non-Substantive Changes
Several changes were minor and editorial and do not affect the
safety of children's folding chairs and stools. Specifically, sections
5.7 and 5.8 removed duplicative language such as ``when folded'' and
``when being folded,'' and clarified words to add ``comply with''
instead of ``meet.'' The Latching and Locking Mechanisms sections under
section 5.8.1 were restructured to improve clarity and organization.
All of these changes are explanatory or editorial in nature and non-
substantive. The Commission finds that all of the non-substantive
changes made in ASTM F2613-19 are neutral regarding safety and do not
affect the safety of children's folding chairs and stools.
Substantive Change
There is one substantive change in ASTM F2613-19 concerning the
requirement that products without latching or locking mechanisms have
adequate clearance to protect fingers, hands and toes from crushing,
laceration or pinching hazards.
The original ASTM F2613-17a sections 5.8.2 and 5.8.2.1 provided
that if products without latching or locking mechanisms had an
accessible gap at the hinge line that could ``admit a \3/16\-in. (5-mm)
diameter rod, it shall also admit a \1/2\-in. (13-mm) diameter rod at
all positions of the hinge.'' In other words, products without locking
or latching mechanisms could have gaps at the hinge line smaller than
\3/16\ inch or larger than \1/2\ inch, but could not have gaps between
\3/16\ and \1/2\ inch wide.
ASTM F2613-19 now simplifies this requirement by requiring that all
products without latching and locking mechanisms must have a hinge gap
greater than or equal to \1/2\-inch. A minimum \1/2\ inch gap will
require that all hinge clearances must be large enough to prevent
injury should a child insert their finger in the hinge gap. Thus,
section 5.8.2 now requires that products without latching and locking
mechanisms ``shall be constructed such that a \1/2\-in (13-mm) diameter
rod can be admitted at all positions between any adjacent moving parts
and between any moving part and an adjacent stationary part along the
entire length of the clearance. The entire length of the clearance
shall be assessed during folding and unfolding of the product.'' In
section 6.2, Locking Test Method, testing for the latching or locking
mechanism would apply a force of 10 lbf (45 N) to the latching or
locking mechanism in the direction tending to release it. CPSC staff
concludes that ASTM F2613-19 section 5.8.2 is a simpler requirement
that enhances safety compared to the original ASTM F2613-17a. Instead
of the original ASTM F2613-17a standard which allowed for hinge gaps
less than or equal to \3/16\-inch and greater than or equal to \1/2\-
inch, the new standard simply prohibits hinge gaps less than a \1/2\-
inch. The Commission considers these changes an improvement to safety.
C. 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 the final rule, ways that the
materials the agency incorporates by reference are reasonably available
to interested
[[Page 18113]]
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).
In accordance with the OFR's requirements, section A of this
preamble summarizes the major provisions of the ASTM F2613-19 standard
that the Commission incorporates by reference into 16 CFR part 1232.
The standard is reasonably available to interested parties, and
interested parties may purchase a copy of the standard from ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959 USA; phone: 610-832-9585; www.astm.org. In addition, once
the rule becomes effective, a read-only copy of the standard will be
available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/. A copy of the standard can also be inspected at CPSC's
Division of the Secretariat, U.S. Consumer Product Safety Commission,
Room 820, 4330 East-West Highway, Bethesda, MD 20814, telephone 301-
504-7923.
D. Certification
Section 14(a) of the CPSA requires that products subject to a
consumer product safety rule under the CPSA, or to a similar rule, ban,
standard, or regulation under any other act enforced by the Commission,
be certified as complying with all applicable CPSC requirements. 15
U.S.C. 2063(a). Such certification must be based on a test of each
product, or on a reasonable testing program, or, for children's
products, on tests on a sufficient number of samples by a third party
conformity assessment body accredited by the Commission to test
according to the applicable requirements. As noted, standards issued
under section 104(b)(1)(B) of the CPSIA are ``consumer product safety
standards.'' Thus, they are subject to the testing and certification
requirements of section 14 of the CPSA.
Because children's folding chairs and stools are children's
products, samples of these products must be tested by a third party
conformity assessment body whose accreditation has been accepted by the
Commission. These products also must comply with all other applicable
CPSC requirements, such as the lead content requirements in section 101
of the CPSIA, the tracking label requirement in section 14(a)(5) of the
CPSA, and the consumer registration form requirements in section 104(d)
of the CPSIA.
E. Notice of Requirements
In accordance with section 14(a)(3)(B)(iv) of the CPSIA, the
Commission has previously published a notice of requirements (NOR) for
accreditation of third party conformity assessment bodies for testing
children's folding chairs and stools (82 FR 59505, December 15, 2017).
The NOR provided the criteria and process for our acceptance of
accreditation of third party conformity assessment bodies for testing
children's folding chairs and stools to 16 CFR part 1232. The NORs for
all mandatory standards for durable infant or toddler products are
listed in the Commission's rule, ``Requirements Pertaining to Third
Party Conformity Assessment Bodies,'' codified at 16 CFR part 1112.
The section 5.8.2 revision in ASTM F2613-19 simplifies the minimum
hinge gap size to \1/2\-in. for all positions in a product without
latching and locking mechanisms. This reduces the number of probes
required to test compliance to the standard. Testing laboratories that
are currently CPSC-accepted, have demonstrated competence for testing
in accordance with ASTM F2613-17a, and will have the competence to
conduct the testing to the new standard under the revised standard ASTM
F2613-19. Therefore, the Commission considers the existing CPSC-
accepted laboratories for testing to ASTM F2613-17a to be capable of
testing to ASTM F2613-19 as well. Accordingly, the existing NOR for
this standard will remain in place, and CPSC-accepted third party
conformity assessment bodies are expected in the normal course of
renewing their accreditation to update the scope of the testing
laboratories' accreditation to reflect the revised standard.
F. 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.'' 5 U.S.C. 553(b)(B). The Commission concludes that when the
Commission updates a reference to an ASTM standard that the Commission
has incorporated by reference under section 104(b) of the CPSIA, notice
and comment are not necessary.
Under the process set out in section 104(b)(4)(B) of the CPSIA,
when ASTM revises a standard that the Commission has previously
incorporated by reference as a Commission standard for a durable infant
or toddler product under section 104(b)(1)(b) of the CPSIA, that
revision will become the new CPSC standard, unless the Commission
determines that ASTM's revision does not improve the safety of the
product. Thus, unless the Commission makes such a determination, the
ASTM revision becomes CPSC's standard by operation of law. The
Commission is allowing ASTM F2613-19 to become CPSC's new standard. The
purpose of this direct final rule is merely to update the reference in
the Code of Federal Regulations (CFR) so that it reflects accurately
the version of the standard that takes effect by statute. The rule
updates the reference in the CFR, but under the terms of the CPSIA,
ASTM F2613-19 takes effect as the new CPSC standard for children's
folding chairs and stools, even if the Commission did not issue this
rule. Thus, public comment will not impact the substantive changes to
the standard or the effect of the revised standard as a consumer
product safety standard under section 104(b) of the CPSIA. Under these
circumstances, notice and comment are not necessary. 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). ACUS recommended that agencies use the direct final
rule process when they act under the ``unnecessary'' prong of the good
cause exemption in 5 U.S.C. 553(b)(B). Consistent with the ACUS
recommendation, the Commission is publishing this rule as a direct
final rule because we do not expect any significant adverse comments.
Unless we receive a significant adverse comment within 30 days, the
rule will become effective on July 6, 2020. In accordance with ACUS's
recommendation, the Commission considers a significant adverse comment
to be one where the commenter explains why the rule would be
inappropriate, including an assertion challenging the rule's underlying
premise or approach, or a claim that the rule would be ineffective or
unacceptable without change. As noted, this rule merely updates a
reference in the CFR to reflect a change that occurs by statute.
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
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proposed rulemaking, providing an opportunity for public comment.
G. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires that
agencies review proposed and final rules for their potential economic
impact on small entities, including small businesses, and prepare
regulatory flexibility analyses. 5 U.S.C. 603 and 604. The RFA applies
to any rule that is subject to notice and comment procedures under
section 553 of the APA. Id. As explained, the Commission has determined
that notice and comment are not necessary for this direct final rule.
Thus, the RFA does not apply. We also note the limited nature of this
document, which merely updates the incorporation by reference to
reflect the mandatory CPSC standard that takes effect under section 104
of the CPSIA.
H. Paperwork Reduction Act
The standard for children's folding chairs and stools contains
information-collection requirements under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520). The revisions made no changes to that
section of the standard. Thus, the revisions will have no effect on the
information-collection requirements related to the standard.
I. Environmental Considerations
The Commission's regulations provide a categorical exclusion for
the Commission's rules from any requirement to prepare an environmental
assessment or an environmental impact statement where 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.
J. Preemption
Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a
consumer product safety standard is in effect and applies to a product,
no state or political subdivision of a state may either establish or
continue in effect a requirement dealing with the same risk of injury
unless the state requirement is identical to the federal standard.
Section 26(c) of the CPSA also provides that states or political
subdivisions of states may apply to the CPSC for an exemption from this
preemption under certain circumstances. Section 104(b) of the CPSIA
deems rules issued there under ``consumer product safety rules.''
Therefore, once a rule issued under section 104 of the CPSIA takes
effect, it will preempt in accordance with section 26(a) of the CPSA.
K. Effective Date
Under the procedure set forth in section 104(b)(4)(B) of the CPSIA,
when a voluntary standard organization revises a standard upon which a
consumer product safety standard was based, the revision becomes the
CPSC standard within 180 days of notification to the Commission, unless
the Commission determines that the revision does not improve the safety
of the product, or the Commission sets a later date in the Federal
Register. The statutory effective date of 180 days falls on July 4,
2020, a legal holiday and a weekend. Therefore, the Commission is
setting the effective date of the rule on the next business day, July,
6, 2020. As discussed in the preceding section, this is a direct final
rule. Unless we receive a significant adverse comment within 30 days,
the rule will become effective on July 6, 2020.
L. The Congressional Review Act
The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that,
before a rule may take effect, the agency issuing the rule must submit
the rule, and certain related information, to each House of Congress
and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must
indicate whether the rule is a ``major rule.'' The CRA states that the
Office of Information and Regulatory Affairs (OIRA) determines whether
a rule qualifies as a ``major rule.'' Pursuant to the CRA, this rule
does not qualify as a ``major rule,'' as defined in 5 U.S.C. 804(2). To
comply with the CRA, the Office of the General Counsel will submit the
required information to each House of Congress and the Comptroller
General.
List of Subjects in 16 CFR Part 1232
Consumer protection, Imports, Incorporation by reference, Infants
and children, Law enforcement, Safety, Toys.
For the reasons stated above, the Commission amends Title 16 CFR
chapter II as follows:
PART 1232--SAFETY STANDARD FOR CHILDREN'S FOLDING CHAIRS AND STOOLS
0
1. Revise the authority citation for part 1232 to read as follows:
Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (15 U.S.C.
2056a); Sec 3, Pub. L. 112-28, 125 Stat. 273.
0
2. Revise Sec. 1232.2 to read as follows:
Sec. 1232.2 Requirements for children's folding chairs and stools.
Each children's folding chair and stool shall comply with all
applicable provisions of ASTM F2613-19, Standard Consumer Safety
Specification for Children's Chairs and Stools, approved on November 1,
2019. The Director of the Federal Register approves this incorporation
by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You
may obtain a copy of this ASTM standard from ASTM International, 100
Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA;
phone: 610-832-9585; www.astm.org. A read-only copy of the standard is
available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/. You may inspect a copy at the Division of the
Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330
East-West Highway, Bethesda, MD 20814, telephone 301-504-7923, or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2020-06334 Filed 3-31-20; 8:45 am]
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