[Federal Register Volume 80, Number 201 (Monday, October 19, 2015)]
[Proposed Rules]
[Pages 63155-63168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26385]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1112, 1130, and 1232

[Docket No. CPSC-2015-0029]


Safety Standard for Children's Folding Chairs and Stools

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Danny Keysar Child Product Safety Notification Act, 
Section 104 of the Consumer Product Safety Improvement Act of 2008 
(``CPSIA'') requires the United States Consumer

[[Page 63156]]

Product Safety Commission (``Commission'' or ``CPSC'') to promulgate 
consumer product safety standards for durable infant or toddler 
products. These standards are to be ``substantially the same as'' 
applicable voluntary standards or more stringent than the voluntary 
standard if the Commission determines that more stringent requirements 
would further reduce the risk of injury associated with the product. 
The Commission is proposing a safety standard for children's folding 
chairs and stools in response to the direction under Section 104(b) of 
the CPSIA. In addition, the Commission is proposing an amendment to 16 
CFR part 1112 to include 16 CFR part 1232 in the list of notice of 
requirements (``NORs'') issued by the Commission and an amendment to 16 
CFR part 1130 to identify children's folding stools as a durable infant 
or toddler product.

DATES: Submit comments by January 4, 2016.

ADDRESSES: Comments related to the Paperwork Reduction Act aspects of 
the marking, labeling, and instructional literature requirements of the 
proposed mandatory standard for children's folding chairs and stools 
should be directed to the Office of Information and Regulatory Affairs, 
the Office of Management and Budget, Attn: CPSC Desk Officer, FAX: 202-
395-6974, or emailed to [email protected].
    Other comments, identified by Docket No. CPSC-2015-0029, may be 
submitted electronically or in writing:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: http://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept 
comments submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions by mail/hand 
delivery/courier to: Office of the Secretary, Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this proposed rulemaking. All comments received 
may be posted without change, including any personal identifiers, 
contact information, or other personal information provided, to: http://www.regulations.gov. Do not submit confidential business information, 
trade secret information, or other sensitive or protected information 
that you do not want to be available to the public. If furnished at 
all, such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: http://www.regulations.gov, and insert the 
docket number CPSC-2015-0029, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Patricia Edwards, Project Manager, 
Directorate for Engineering Sciences, U.S. Consumer Product Safety 
Commission, 5 Research Place, Rockville, MD 20850; email: 
[email protected]; telephone: (301) 987-2224.

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority

    The CPSIA was enacted on August 14, 2008. Section 104(b) of the 
CPSIA, part of the Danny Keysar Child Product Safety Notification Act, 
requires the Commission to: (1) Examine and assess the effectiveness of 
voluntary consumer product safety standards for durable infant or 
toddler products, in consultation with representatives of consumer 
groups, juvenile product manufacturers, and independent child product 
engineers and experts; and (2) promulgate consumer product safety 
standards for durable infant and toddler products. Standards issued 
under section 104 are to be ``substantially the same as'' the 
applicable voluntary standards or more stringent than the voluntary 
standard if the Commission determines that more stringent requirements 
would further reduce the risk of injury associated with the product.
    The term ``durable infant or toddler product'' is defined in 
section 104(f)(1) of the CPSIA as ``a durable product intended for use, 
or that may be reasonably expected to be used, by children under the 
age of 5 years.'' Although section 104(f)(2) does not specifically 
identify children's folding chairs, high chairs, booster chairs and 
hook-on chairs are explicitly deemed to be ``durable infant or toddler 
products.'' Because folding chairs and folding stools serve functions 
and have characteristics similar to the listed types of chairs, folding 
chairs and folding stools likewise should be considered to be ``durable 
infant or toddler products.'' This conclusion is consistent with the 
Commission's prior determination that ``children's folding chairs'' 
fall within the definition of a ``durable infant or toddler product'' 
and are covered by product registration card rule promulgated under 
CPSIA section 104(d).\1\
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    \1\ Requirements for Consumer Registration of Durable Infant or 
Toddler Products; Final Rule, 74 FR 68668 (Dec. 29, 2009); 16 CFR 
1130.2(a)(13).
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    Although the product registration card rule does not specifically 
mention children's folding stools, the Commission considers folding 
stools to be a subset of folding chairs. Thus, the Commission proposes 
to include children's folding stools within the scope of the proposed 
standard. The Commission proposes to amend the product registration 
card rule so the scope of that rule will be clear that children's 
folding chairs and folding stools are identified as durable infant or 
toddler products for purposes of registration card requirements.
    As required by section 104(b)(1)(A), the Commission consulted with 
manufacturers, retailers, trade organizations, laboratories, consumer 
advocacy groups, consultants, and members of the public in the 
development of this notice of proposed rulemaking (``NPR''), largely 
through the standards development process of ASTM International 
(formerly the American Society for Testing and Materials) (``ASTM''). 
The proposed rule is based on the current voluntary standard developed 
by ASTM, ASTM F2613-14, Standard Consumer Safety Specification for 
Children's Chairs and Stools (``ASTM F2613-14''), with several 
modifications.
    The testing and certification requirements of section 14(a) of the 
Consumer Product Safety Act (``CPSA'') apply to product safety 
standards promulgated under section 104 of the CPSIA. Section 14(a)(3) 
of the CPSA requires the Commission to publish an NOR for the 
accreditation of third party conformity assessment bodies (test 
laboratories) to assess conformity with a children's product safety 
rule to which a children's product is subject. The children's folding 
chairs and stools standard, if issued as a final rule, will be a 
children's product safety rule that requires the issuance of an NOR. To 
meet the requirement that the Commission issue an NOR for the 
children's folding chairs and stools standard, this NPR proposes to 
amend 16 CFR part 1112 to include 16 CFR part 1232, the CFR section 
where the children's folding chairs and stools standard will be 
codified, if the standard becomes final.

[[Page 63157]]

II. Product Description

    ASTM F2613-14 defines a ``children's chair'' as ``seating furniture 
with a rigid frame that is intended to be used as a support for the 
body, limbs, or feet of a child when sitting or resting in an upright 
or reclining position.'' A ``children's stool'' is defined as a 
``children's chair without back, or armrest.'' ASTM further defines 
``folding chair'' and ``folding stool'' as ``a children's chair or 
stool which can be folded for transport or storage.'' ASTM F2613-14, 
Section 3. The standard covers a chair or stool intended to be used by 
a single child who can get in and get out of the product unassisted and 
with a seat height 15 inches or less, with or without a rocking base. 
The Commission proposes to limit the scope of the mandatory standard to 
folding chairs and folding stools because the hazards presented by 
folding chairs and folding stools are different from non-folding chairs 
and stools, as discussed further in section V of the preamble.
    There are two primary designs associated with children's folding 
chairs and folding stools: (1) Straight tube versions that contact the 
surface in three or more capped-tube legs, and (2) bent tube versions 
that contact the ground along a substantial portion of the tubular 
frame. Although there are a variety of other designs used for 
children's folding chairs and folding stools, the primary 
characteristic that applies to all of the products is the folding 
mechanism of the chair and stool that is used for transport or storage 
of the product.

III. Incident Data

    CPSC staff received reports of 98 injuries, 45 non-injury 
incidents, and another 39 recall-related complaints associated with 
children's folding chairs or stools in the Consumer Product Safety Risk 
Management System (``CPSRMS'') database for the period January 1, 2003 
through December 31, 2014. Only one of the reported incidents involved 
a folding stool, while the remainder involved folding chairs. There 
were no fatalities reported in the data. Reporting is ongoing, and 
thus, the number of reported injury and non-injury incidents from the 
CPSRMS system may change in the future.

1. Incidents With Injuries

    Ninety-eight (98) nonfatal incident injuries were reported, some 
not medically treated. Injuries involving chairs designed for the under 
5 age range (51%) were the most frequently reported incidents. The most 
frequent injuries (76) involved fingers, thumbs, or other parts of the 
hand, with most of the remaining incidents (14) affecting the head or 
face. The youngest injury victim was 12 months old. Some victims 
exceeded the intended age range of the chair, but their injuries 
demonstrated hazards with chairs relevant to the standard (i.e., 
intended for children under 5). Two injured adults were included among 
the 98 nonfatal incidents, as were several children over 5 years of 
age. Reports in which the submitter suggested injuries from the same 
repeating hazard on multiple occasions and/or affecting multiple 
victims were counted as a single injury incident. These injury counts, 
therefore, may be considered conservative.

2. Incidents With No Injury Reported

    Forty-five (45) incidents did not report an injury. However, these 
reports illustrate a potential for injuries. These reports included 
incidents in which the chair was occupied or used by a child, plus 
incidents in which a parent or submitter detected a malfunction or 
hazardous issue while the chair was not in use.

3. Non-Incident Complaints

    Thirty-nine (39) reports did not describe incidents, but merely 
reflected concerns regarding recalls. These concerns involved questions 
about recalled products (e.g., determining whether a product was 
subject to recall), or concerns regarding apparent similarities in 
design between recalled and non-recalled products.

4. National Electronic Injury Surveillance System Estimates

    CPSC also evaluates data reported through the National Electronic 
Injury Surveillance System (``NEISS''), which gathers summary injury 
data from hospital emergency departments selected as a probability 
sample of all the U.S. hospitals with emergency departments. This 
surveillance information enables CPSC staff to make timely national 
estimates of the number of injuries associated with specific consumer 
products. Based on a review of emergency department visits from January 
1, 2003 through December 31, 2014, CPSC staff determined that there 
were an estimated 17,500 children younger than 5 years of age treated 
in emergency departments for injuries related to folding chairs and 
stools.
    Information from hospital records, however, does not contain 
sufficient information to determine which injuries involved chairs 
specially designed for children under age 5. A known proportion of 
these injuries may have involved folding chairs or stools designed for 
children older than 5, or adults. Accordingly, CPSC staff focused on 
incident reports with specific information (e.g., make and model of the 
product, photos, or a sufficiently detailed description) that allowed 
staff to characterize incidents involving chairs specifically intended 
or reasonably expected to be used by children under age 5. Reports 
indicating that the product was a folding chair but lacking information 
necessary for staff to determine the age for which the product is 
intended were excluded.

A. Hazard Pattern Identification

    CPSC staff considered all 182 reports and complaints to identify 
four different hazard patterns associated with children's folding 
chairs and stools. One hundred forty-three reports involved incidents, 
and 39 reports involved complaints (without incident).
    1. Pinch/Shear Hazards--Ninety (90) incidents demonstrated pinching 
or shearing hazards (including the possibility of crushing or 
scissoring when the chair folds or unfolds, regardless of intent). 
Victims were injured while transitioning the chair between its folded 
and unfolded states. Victims were also injured following unexpected 
folding or unfolding of the chair (generally described as 
``collapse''), or because of some malfunction or issue relevant to 
these hazards (such as a failed locking mechanism). Although most of 
these injuries involved pinched/sheared fingers or other body parts, 
there were two incidents in which the child was injured, but avoided 
being pinched or sheared. In these two incidents, the injuries resulted 
when a child's head or face struck the floor as a consequence of the 
child falling out of the collapsing chair.
    Fingers and hands were the body parts most commonly involved in 
pinching or shearing hazards. In two incidents, other body parts were 
pinched/sheared from unexpected folding/collapsing (1 neck incident and 
1 leg incident). Out of all 90 pinch/shear hazard incidents, including 
incidents without actual pinch/shear injuries, at least eight incidents 
involved recalled products (6 injured; 2 without injuries).
    2. Undetermined Hazard Finger Injuries--Fourteen (14) incidents 
involved finger injuries that were caused by an undetermined hazard. In 
seven of these incidents, there was evidence that the victim's finger 
was caught in a chair mechanism. For these incidents, the hazard likely 
is either pinch/shear related or entrapment related. In the other seven 
incidents, the child suffered finger injuries, but there

[[Page 63158]]

was insufficient information to determine the cause of injury. In 
general, these injuries were severe (such as amputation or fracture). 
Two of the incidents involved recalled chairs.
    3. Stability/Tipover--Twenty-two (22) incidents involved the chair 
tipping over without indication of chair collapse. Fifteen (15) of 
these incidents resulted in injuries. CPSC staff was unable to 
determine if any of the chairs involved in these stability/tipover 
incidents were recalled models.
    4. Miscellaneous--Seventeen (17) incidents related to various other 
folding chair or stool issues. These incidents included exposures to 
high levels of lead or other hazardous substances; a collapsing table 
associated with the chair; or loose parts, sharp points, and seat 
issues.

C. Recall Activities

    Since January 1, 1997, there have been 11 children's folding chair 
or stool recalls involving 10 different firms, and 5,394,600 units of 
product. The hazards include pinching, bruising, fractures, finger 
amputations, and lead paint violations.

IV. The ASTM Standard

A. History of ASTM F2613

    Section 104(b)(1)(A) of the CPSIA requires the Commission to 
consult representatives of ``consumer groups, juvenile product 
manufacturers, and independent child product engineers and experts'' to 
``examine and assess the effectiveness of any voluntary consumer 
product safety standards for durable infant or toddler products.'' As a 
result of incidents arising from children's folding chairs, CPSC staff 
requested that ASTM develop voluntary requirements to address the 
hazard patterns related to the use of folding chairs. Through the ASTM 
process, CPSC staff consulted with manufacturers, retailers, trade 
organizations, laboratories, consumer advocacy groups, consultants, and 
members of the public.
    ASTM F2613 was first published in 2007, and since then, the 
voluntary standard has been revised five times (2009, 2010, 2011, 2013, 
and 2014). The scope of products covered by the original version, 
F2613-07, was limited to ``children's folding chairs'' with a seat 
height of 15 inches or less. Significant revisions were made in 2013, 
in ASTM F2613-13, that were designed to expand the scope of the 
voluntary standard to all children's chairs and stools. In addition, 
the ASTM 2613-13 standard added definitions for ``children's chair'' 
and ``children's stool,'' and clarified the definition of a ``folding 
chair'' and ``folding stool.'' Specifically, ``stools'' were defined as 
a specific subset of a chair (``a children's chair without back or 
armrests''). ASTM 2613-13 also added stability requirements, a test 
method for stability, and clarified that locking mechanism requirements 
are applicable only for folding chairs and folding stools.
    The current version, ASTM F2613-14, was approved on October 1, 
2014, and published in October 2014. ASTM F2613-14 excludes products 
that do not have a rigid frame (such as bean bag chairs or foam 
chairs), seats with restraint systems, products intended for use by 
more than a single child, and products in which the child could not get 
in and out of the product unassisted. ASTM F2613-14 also includes 
products ``with or without a rocking base'' and contains many general 
requirements that are common to other juvenile product standards, such 
as requirements for sharp edges or points, small parts, and lead in 
paint. There are also specific performance requirements to address 
incidents that may result in lacerations, fractures, pinches, 
amputations, and other injuries. ASTM F2613-14 also contains 
requirements for marking and labeling.

B. International Standards for Children's Folding Chairs and Folding 
Stools

    CPSC staff compared the performance requirements of ASTM F2613-14 
to the performance requirements of international standards: FIRA 
C001:2008 Furniture--Children's Domestic Furniture--General Safety 
Requirements and FIRA C002:2008 Furniture--Children's Domestic 
Furniture Seating--Requirements for Strength, Stability, and 
Durability, which address children's chairs.
    CPSC staff's review showed that ASTM F2613-14 is the most 
comprehensive of the standards to address the incident hazards because 
ASTM F2613-14 includes requirements for labeling, pinch/shear, locking 
devices, entrapment, stability, strength, and small parts. FIRA C001/
C002 standards include some requirements not found in ASTM F2613-14, 
such as a requirement for materials to be clean and free from 
infestation, and requirements that deal with corrosion-resistant 
metals, prohibition of glass and glass mirrors, retention of magnets, 
partially bound and V-shaped openings above 23.5 inches, moisture 
content of timber components, and powered-mechanism shear/pinch 
hazards. However, the hazard patterns identified in CPSC staff's review 
of the incident data did not indicate that similar requirements need to 
be added to ASTM F2613-14. However, CPSC staff will continue to monitor 
hazard patterns and recommend future changes, if necessary.

V. Assessment of Voluntary Standard ASTM F2163-14

    CPSC staff considered the fatalities, injuries, and non-injury 
incidents associated with children's folding chairs and folding stools, 
and evaluated ASTM F2163-14 to determine whether the current ASTM 
standard adequately addresses the incidents, or whether more stringent 
standards would further reduce the risk of injury associated with these 
products. Based on CPSC staff's assessment, the Commission proposes the 
following modifications to ASTM F2163-14: (1) Limit the scope of the 
proposed mandatory standard to children's folding chairs and folding 
stools; (2) change the stability test method to add a new performance 
requirement and test method to address sideways stability incidents in 
addition to rearwards stability incidents; and (3) revise the marking 
and labeling sections.

A. Scope

    ASTM F2613-13 expanded the scope of the standard beyond children's 
folding chairs to include all children's chairs and stools. CPSC staff 
conducted a preliminary review of the incident data involving all 
children's chairs and stools. CPSC staff determined that, based on the 
total number of incidents, the number of incidents over time (years), 
the body parts injured, and the incident victim's average age reported, 
the hazards associated with children's folding chairs or stools are 
substantially different from the hazards reported for children's non-
folding chairs or stools. Accordingly, the NPR encompasses both folding 
chairs and folding stools, but does not include all children's chairs 
and stools. However, CPSC staff will continue to review incidents from 
children's non-folding chairs and stools to monitor whether hazards 
associated with non-folding chairs and stools also need to be 
addressed.
    ASTM defines ``children's chair'' as ``seating furniture with a 
rigid frame that is intended to be used as a support for the body, 
limbs, or feet of a child when sitting or resting in an upright or 
reclining position.'' A ``children's stool'' is defined as a 
``children's chair without back, or armrest.'' ASTM defines 
``children's folding chair'' and ``children's folding stool'' as ``a 
children's chair or stool which can be folded for transport or 
storage.'' ASTM's definition considers children's folding stools to be 
a subset of children's

[[Page 63159]]

folding chairs, albeit without a back or armrest. CPSC staff also 
agrees that stools are a subset of chairs. Significantly, folding 
chairs and folding stools have similar configurations, and the same 
potential hazards are presented in the folding mechanisms. One reported 
incident in the injury data involved folding stools and a pinching 
injury to a child's fingers when the stool's locking mechanism failed 
and caused the stool to fold. This is the same scenario that occurs 
with folding chairs. The configuration of folding stools is similar to 
folding chairs, even though stools lack a backrest and arms. Like 
folding chairs, folding stools can fold unexpectedly or collapse 
unexpectedly during use, if there is a faulty locking mechanism--or no 
locking mechanism at all--and result in serious injuries to fingers if 
there is a lack of adequate clearance. Although CPSC staff is not aware 
of any reported stability-related incidents associated with folding 
stools, ASTM F2613-14 currently requires folding stools to be tested to 
the same rearward stability test as required for folding chairs. The 
sideways stability test would be equally applicable to folding stools. 
CPSC staff's review indicated that the test methods for loading, 
locking mechanisms, clearances, stability testing, and labeling 
requirements for folding stools would be the same for folding chairs.
    Based on CPSC staff's review of the configurations of children's 
folding chairs and folding stools and the hazards presented by them, 
the Commission proposes to include children's folding stools, along 
with children's folding chairs, in the scope of the proposed rule. 
However, the Commission seeks public comments regarding the inclusion 
of children's folding stools in the proposed standard.

B. Hazards

    CPSC believes that ASTM F2613-14 adequately addresses many of the 
general hazards associated with durable nursery products, such as lead 
in paint and surface coatings, sharp edges/sharp points, small parts, 
wood part splinters, openings/entrapments, flammable solids, and 
attached toy accessories. The standard covers specific requirements for 
folding chairs and stools, including requirements for adequate 
clearances or locking mechanisms to address pinch/shear hazards related 
to folding of the chair, load requirements to address structural 
integrity, stability requirements to address rearward tipover and 
warning and labeling requirements to inform the user of the hazards 
associated with children's folding chairs and stools. CPSC believes 
that these requirements adequately address the majority of incidents 
associated with folding chairs and folding stools. However, as 
discussed below, the Commission proposes to change the stability test 
method to include a sideways stability test method, as well as changes 
to the warning and labeling requirements to further reduce the risk of 
injury associated with folding chairs and stools.
    Pinch/Shear Hazards--ASTM F2613-14 includes requirements to prevent 
injury to the occupant from scissoring, shearing, or pinching when 
structural members or components rotate about a common axis, slide, 
pivot, fold, or otherwise move relative to one another. CPSC staff's 
review concluded that the current mechanical requirements adequately 
address the pinch and shear hazards in children's folding chairs and 
stools. The number of reported incidents has continued to decline since 
ASTM F2613 was first published in 2007, with reported incidents 
continuing to occur on chairs that are either noncompliant or not 
readily identifiable as folding chairs or folding stools. Although 
these injuries and incidents have declined, CPSC believes that 
strengthening the warning and labeling requirements for finger 
amputation hazards may make caregivers more aware of the hazard, and 
possibly reduce the likelihood that these types of incidents will occur 
in the future.
    Undetermined Hazard Finger Injuries--CPSC staff's review of the 
incident data indicates that some of the undetermined hazard finger 
injuries are likely due to pinching and shearing issues discussed above 
in in the hazard patterns and finger entrapments. However, CPSC staff 
did not obtain enough information in the incident reports to make a 
definitive determination. Other than pinching/shearing, fingers can be 
caught between non-moving parts, in circular holes, or in grooves or 
slots. Finger entrapment in circular holes results in cutting off 
circulation, which does not generally occur with grooves or slots. The 
current standard includes requirements to avoid finger entrapment in 
circular holes by establishing allowable dimensions for circular holes. 
At this time, the Commission is not proposing any changes to ASTM 
F2613-14 to address these undetermined incidents.
    Stability/Tipover Hazard--A review of incident data reveals 22 
occurrences of chairs tipping over with no evidence of the chair 
collapsing. The incident descriptions often state that the child was 
leaning over or reaching to one side when the chair tipped over. ASTM 
F2613-14 contains a requirement to address the rearward stability of 
the chair or stool, but sets forth no requirement to address tipovers 
from lack of sideways stability. The majority of the tipover incidents 
were due to sideways tipovers. Even though most of the injuries 
sustained were minor, due to the short height of the chair, there is 
the potential for more severe injuries to occur, if the child falls 
onto a nearby object. Accordingly, CPSC staff performed testing to 
various stability test methods and found that the stability method 
currently in ASTM F2613-14 could be used to determine both rearward and 
sideways stability with modifications.
    CPSC staff compared the existing ASTM F2613-14 stability test to 
the stability requirements found in the European standard EN 1022 
Domestic Furniture Seating--Determination of Stability. However, the 
requirements in EN 1022 are applicable to adult-sized furniture, not 
children's furniture. Accordingly, CPSC staff reviewed a standard 
developed by the UK Furniture Industry Research Association (``FIRA''), 
FIRA C002:2008 Furniture--Children's Domestic Furniture Seating--
Requirements for Strength, Stability, and Durability. FIRA C002 
specifies the EN 1022 test method, but adjusts the test loads based on 
the weight of the intended child occupant. FIRA C002 further references 
EN 1729-2 Furniture--Chairs and Tables for Educational Institutions 
Part 2, for determining the loading points for the test loads. After 
testing both methods (ASTM F2613-14 and EN 1022) for sideways stability 
on sample children's folding chairs, CPSC staff determined that both 
methods were valid and the results were comparable between the two 
methods. However, the ASTM F2613-14 test method already is being used 
to test rearwards stability, and CPSC staff found that the test method 
could be used also to test sideways stability with modifications, to 
reduce the incidents of tipovers.
    On July 24, 2015, ASTM balloted the sideways stability requirement, 
which received five negative votes and several comments, most of which 
contained editorial comments to the ballot. The negatives all pertain 
to a common style non-folding chair without arms that fails the 
balloted requirement, but is not associated with any incidents. 
However, the proposed rule does not include non-folding chairs and 
stools, and non-folding chairs and stools are outside the scope of the 
proposed rule. Accordingly, the Commission proposes to change the 
stability test method in ASTM F2613-14

[[Page 63160]]

to include a sideways stability test method, in addition to rearward 
stability testing, to reduce the number of tip-over-related incidents 
for folding chairs and folding stools.
    Miscellaneous Hazards--CPSC staff's review of the incident data 
included 17 incidents involving miscellaneous hazards. Three incidents 
related to elevated levels of hazardous materials (e.g., lead, bromine, 
or mercury). One of the incidents appears to be ``non-product-
related,'' and the remaining 13 incidents involved various integrity 
issues, such as loose screws, loose plastic pieces, or a detached seat 
pad.
    ASTM 2613-14 contains requirements prohibiting certain hazardous 
substances, including lead and flammable substances. In addition, ASTM 
2613-14 also includes requirements for sharp points and edges, which 
were noted in some incidents. CPSC staff's review also indicated that 
the static load and fatigue tests in ASTM 2613-14 also would minimize 
integrity issues. Accordingly, the Commission is not proposing any 
changes to the existing ASTM F2613-14 standard to address these 
miscellaneous incidents at this time.
    Marking and Labeling--CPSC staff's review of the warning labels in 
ASTM 2613-14 indicates that the existing warning labels found in the 
2014 version of the standard can be improved in terms of content and 
format, by improving three areas: (1) Noticing the label; (2) 
processing the safety message; and (3) motivating behavior changes.
    Noticing the Label--Currently, many folding chairs and folding 
stools place the warning label on the bottom of the seating surface of 
the chair. CPSC staff believes that consumers are less likely to notice 
the warnings on the bottom of the chair for several reasons. First, 
consumers are not likely to notice the warning when the chair is 
unfolded and in the upright position. Second, a child's folding chair 
or stool has no obvious hazards. If the perception of hazard associated 
with a product is low, consumers are less likely to look for a warning. 
Third, in many instances, even if consumers looked for a warning on a 
currently-marketed folding chair or stool, the consumer may not notice 
the warning because the warning is embedded or buried among non-safety 
messages.
    Although CPSC staff believes that the ideal placement of the label 
is on the front of the chair, such placement may detract from the 
appearance of the product and make consumers remove the label. 
Accordingly, CPSC staff looked at other locations for appropriate label 
placement. For example, one area that may be separate and distinct 
label on a folding chair is on the back of the chair's back rest away 
from warnings on the underside of the chair. An example of separate and 
distinct label on a folding stool is on a visible location such as on 
the legs in such a way that the label does not wrap around the legs.
    Processing the Safety Message--Currently, ASTM2613-14 requires that 
the warnings be easy to read and understand. However, this requirement 
is vague and gives no guidance on how to implement these requirements. 
CPSC staff's research indicates that warnings in a bullet point, 
outline-type list are rated higher by subjects on perceived 
effectiveness than when in paragraph format. Similarly, text arranged 
in a list format, rather than horizontally, makes instructions easier 
to follow. Other changes, such as using ``white space'' to break up 
text into ``chunks'' of information, using sans serif typestyle for 
short word messages, and a mixture of upper and lower case lettering, 
can be less confusing and easier to read than all uppercase lettering 
because there is more variation among the letter shapes. CPSC staff's 
evaluation indicated that if these elements are included, warning 
labels will be easier to read and understand.
    Motivating Behavioral Change--CPSC staff's research indicates that 
if a consumer notices the label, and reads and understands the safety 
messages, the label should motivate a change in behavior. To motivate 
consumers to comply with the warning, the warning should tell consumers 
why they need to comply. Therefore, the way in which the warning 
describes the hazard, as well as a statement about the consequences of 
ignoring the warning, may have an influence on compliance rates. 
Further, the label needs to tell consumers what to do to avoid the 
hazard.
    CPSC staff developed suggested wording and formatting changes for 
children's folding chairs and folding stools that CPSC staff believed 
would improve the warning label sections of the voluntary standard. 
CPSC staff circulated these proposed wording and formatting changes to 
the ASTM subcommittee responsible for ASTM F2613-14, and discussed the 
proposed changes at public ASTM meetings in January and May 2015. In 
response to feedback received from ASTM and stakeholders, CPSC staff 
made adjustments to staff's proposed warning labels.
    Based on staff's evaluation, the Commission now proposes to adopt 
ASTM F2613-14, with modifications to some of the warning labels for 
children's folding chairs and stools, to provide specific guidance for 
a more consistent and prominent presentation of hazard information 
through the use of clear and conspicuous text. In addition, the 
proposed rule recommends that the warnings be separate and distinct 
from other written material or graphics, so that the label is clearly 
visible when consumers approach the folding chair or folding stool.

VI. The Proposed Rule

A. CPSC's Proposed Standard for Children's Folding Chairs and Stools

    The Commission is proposing to incorporate by reference ASTM F2613-
14, with certain modifications to strengthen the standard. As discussed 
in the previous section, the Commission concludes that these 
modifications will further reduce the risk of injury associated with 
children's folding chairs and stools.
    The proposed rule would limit the scope of the rule to children's 
folding chairs and folding stools under section 1232.1. The definition 
of ``children's folding chair'' and ``folding stool'' is provided in 
ASTM F2613-14 in section 3.1.4. In addition, section 1232.2(a) would 
incorporate by reference ASTM F2613-14, with the exception of certain 
provisions that the Commission proposes to modify. Section 1232.2(b) 
would detail the changes and modifications to ASTM F2613-14 that the 
Commission has determined would further reduce the risk of injury from 
children's folding chairs and folding stools.
    In particular, we would revise section 5.13 (Stability), to specify 
that all products shall not tip over backwards or sideways when tested 
in accordance with the stability test methods and provide that tip over 
shall consist of the product moving past equilibrium and begin to 
overturn. In addition, we propose to revise Section 6.8 (Stability Test 
Method) to include a test method for sideways stability testing, as 
well as rearward stability testing. We also propose to add Section 
6.8.1 to provide the requirements for the test equipment and 
preparation, and specify the test surface area, test cylinders, and 
measurement of product seating surface height.
    The proposed rule would add section 6.8.2. to provide the test 
method for rearward stability and section 6.8.3 to provide the test 
method for sideways stability. Those sections would also specify the 
product orientation, the application of the load, cylinder positioning 
for folding chairs, and cylinder positioning for folding stools.

[[Page 63161]]

    We also propose revisions to the marking and labeling section in 
section 7.2. Specifically, section 7.2 would be changed to state that 
each folding chair and each folding stool requires warning statements. 
New proposed requirements would provide specific instructions so that 
warnings are easier to read and are more conspicuous. Some of these 
requirements include putting the warnings in the English language, 
using highly contrasting color(s) in non-condensed sans serif type, 
text size, and placing the label separate and distinct from any other 
graphic or written material on the product. Other proposed requirements 
would provide specific language for the warning statements including 
the use of the safety alert symbol
[GRAPHIC] [TIFF OMITTED] TP19OC15.007

and the signal words ``WARNING,'' and ``AMPUTATION HAZARD''.

B. Other Provisions of the Proposed Rule

    The Commission is also proposing to amend 16 CFR part 1112 to 
include 16 CFR part 1232 in the list of notice of requirements 
(``NORs'') issued by the Commission, as discussed in section VIII of 
the preamble.
    In addition, for consistency in deeming both children's folding 
chairs and folding stools to be ``durable infant or toddler products,'' 
the Commission also is proposing to amend 16 CFR 1130.2 to make the 
scope of the registration card rule applicable to both children's 
folding chairs and folding stools. As discussed in section V of the 
preamble, although the registration card rule specifically lists 
children's folding chairs, the rule is silent on children's folding 
stools (16 CFR 1130.2(a)(13)). The Commission considers folding stools 
to be a subset of folding chairs, and therefore, proposes to include 
children's folding stools within the scope of the proposed standard. 
Accordingly, the Commission proposes to amend Sec.  1130.2 by revising 
paragraph (a)(13) to include both children's folding chairs and folding 
stools.

VII. Incorporation by Reference

    Section 1232.2(a) of the proposed rule incorporates by reference 
ASTM F2670-13. The Office of the Federal Register (``OFR'') has 
regulations concerning incorporation by reference. 1 CFR part 51. The 
OFR regulations require that, for a proposed rule, agencies must 
discuss in the preamble to the NPR, ways that the materials the agency 
proposes to incorporate by reference are reasonably available to 
interested persons, or explain how the agency worked to make the 
materials reasonably available. In addition, the preamble to the 
proposed rule must summarize the material. 1 CFR 51.5(a).
    In accordance with the OFR's requirements, section V of this 
preamble summarizes the provisions of ASTM F2613-14 that the Commission 
proposes to incorporate by reference. ASTM F2613-14 is copyrighted. By 
permission of ASTM, the standard can be viewed as a read-only document 
during the comment period on this NPR, at: http://www.astm.org/cpsc.htm. Interested persons may also purchase a copy of ASTM F2613-14 
from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West 
Conshohocken, PA 19428; http://www.astm.org. One may also inspect a 
copy 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.

VIII. Amendment of 16 CFR Part 1112 To Include NOR for Children's 
Folding Chairs and Stools

    The CPSA establishes certain requirements for product certification 
and testing. 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, must be certified as complying 
with all applicable CPSC-enforced requirements. 15 U.S.C. 2063(a). 
Certification of children's products subject to a children's product 
safety rule must be based on testing conducted by a CPSC-accepted third 
party conformity assessment body. Id. 2063(a)(2). The Commission must 
publish a NOR for the accreditation of third party conformity 
assessment bodies to assess conformity with a children's product safety 
rule to which a children's product is subject. Id. 2063(a)(3). Thus, 
the proposed rule for 16 CFR part 1232, Safety Standard for Children's 
Folding Chairs and Stools, if issued as a final rule, would be a 
children's product safety rule requiring the issuance of a NOR.
    The Commission published a final rule, Requirements Pertaining to 
Third Party Conformity Assessment Bodies, 78 FR 15836 (March 12, 2013), 
codified at 16 CFR part 1112 (``part 1112'') and effective on June 10, 
2013, establishing requirements for CPSC acceptance of third party 
conformity assessment bodies to test for conformance with a children's 
product safety rule in accordance with section 14(a)(2) of the CPSA. 
Part 1112 also codifies all of the NORs previously issued by the 
Commission.
    All new NORs for new children's product safety rules, such as the 
children's folding chairs and stools standard, require an amendment to 
part 1112. To meet the requirement that the Commission issue a NOR for 
the proposed children's folding chairs and stools standard, as part of 
this NPR, the Commission proposes to amend the existing rule that 
codifies the list of all NORs issued by the Commission to add 
children's folding chairs and stools to the list of children's product 
safety rules for which the CPSC has issued a NOR.
    Test laboratories applying for acceptance as a CPSC-accepted third 
party conformity assessment body to test to the new standard for 
children's folding chairs and stools would be required to meet the 
third party conformity assessment body accreditation requirements in 
part 1112. When a laboratory meets the requirements as a CPSC-accepted 
third party conformity assessment body, the laboratory can apply to the 
CPSC to have 16 CFR part 1232, Standard Consumer Safety Specification 
for Children's Folding Chairs and Stools, included in the laboratory's 
scope of accreditation of CPSC safety rules listed for the laboratory 
on the CPSC Web site at: www.cpsc.gov/labsearch.

IX. Effective Date

    The Administrative Procedure Act (``APA'') generally requires that 
the effective date of a rule be at least 30 days after publication of 
the final rule. 5 U.S.C. 553(d). The Commission is proposing an 
effective date of 6 months after publication of the final rule in the 
Federal Register for products manufactured or imported on or after that 
date. The proposed rule would require manufacturers to make design or 
manufacturing changes to address the proposed sideways stability 
testing requirements. The warning label changes do not affect the 
design and manufacturing of the folding chairs or folding stools, but 
rather, require printing new labels. The Commission believes that most 
firms should be able to comply within the 6-month time frame and allow 
ample time for manufacturers and importers to arrange for third party 
testing, consistent with the timeframe adopted in a number of other 
section 104 rules. However, the Commission seeks comments regarding the 
economic impact on small manufacturers and importers on meeting the 
side stability testing requirements as well as meeting the third party 
testing requirements discussed in section X below. In addition, we ask 
for comments on the proposed 6-month effective date.

[[Page 63162]]

X. Regulatory Flexibility Act

A. Introduction

    The Regulatory Flexibility Act (``RFA'') requires agencies to 
consider the impact of proposed rules on small entities, including 
small businesses. The RFA generally requires agencies to review 
proposed rules for their potential impact on small entities and prepare 
an initial regulatory flexibility analysis (``IRFA'') unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. 5 U.S.C. 603 
and 605. Because CPSC staff was unable to estimate precisely all costs 
of the proposed rule, staff conducted such an analysis. The IRFA must 
describe the impact of the proposed rule on small entities and identify 
significant alternatives that accomplish the statutory objectives and 
minimize any significant economic impact of the proposed rule on small 
entities. Specifically, the IRFA must contain:
     A description of, and where feasible, an estimate of the 
number of small entities to which the proposed rule will apply;
     a description of the reasons why action by the agency is 
being considered;
     a succinct statement of the objectives of, and legal basis 
for, the proposed rule;
     a description of the projected reporting, recordkeeping, 
and other compliance requirements of the proposed rule, including an 
estimate of the classes of small entities subject to the requirements 
and the type of professional skills necessary for the preparation of 
reports or records; and
     identification, to the extent possible, of all relevant 
federal rules that may duplicate, overlap, or conflict with the 
proposed rule; and
     a description of any significant alternatives to the 
proposed rule that accomplish the stated objectives of applicable 
statutes and minimize the rule's economic impact on small entities.

B. Market

    CPSC staff is aware of four domestic firms manufacturing and ten 
domestic firms importing children's folding chairs and/or stools in the 
United States. Most firms only supply one model of chair; two supply 
two models, and one supplies five distinct models. All four 
manufacturers and six importers are categorized as ``small firms'' 
under the guidelines of the U.S. Small Business Administration 
(``SBA''). One importer's size could not be determined.
    The Juvenile Products Manufacturers Association (``JPMA'') 
maintains a certification program for children's folding chairs and 
folding stools but at this time there are no active participants. JPMA 
does not maintain a list of firms complying with the voluntary standard 
for children's chairs; compliance of firms with the voluntary standard 
is self-reported and several firms report compliance with ASTM 
standards. Some of the firms in the market participate actively in the 
ASTM standard process and those firms are likely to comply with the 
voluntary standard.

C. Reason for Agency Action and Legal Basis for Proposed Rule

    Section 104(b) of the CPSIA requires the CPSC to promulgate a 
mandatory standard for children's folding chairs and stools that is 
substantially the same as, or more stringent than, the voluntary 
standard if the Commission determines that a more stringent standard 
would further reduce the risk of injury associated with such products. 
The Commission is proposing a safety standard for children's folding 
chairs and stools in response to the requirements of section 104(b).

D. Other Federal Rules

    The Commission has not identified any federal or state rule that 
duplicates, overlaps, or conflicts with the proposed rule.

E. Impact of the New Standards and Testing Requirements on Small 
Businesses

    Under SBA guidelines, a manufacturer of children's folding chairs 
and stools is categorized as ``small'' if it has 500 or fewer 
employees, and importers and wholesalers are considered ``small'' if 
they have 100 or fewer employees. Staff has identified four firms 
currently manufacturing and ten firms importing children's folding 
chairs and stools in the United States. All four manufacturers and six 
of the importers are categorized as small businesses. One importer's 
size could not be determined.
Small Manufacturers
    Of the four identified small manufacturers of children's folding 
chairs and stools in the United States, two claim compliance with the 
voluntary standard, and at least one participates in the ASTM process. 
Of the two remaining manufacturers, one does not comply with warning 
label requirement and possibly other requirements; the compliance of 
the other could not be determined. Regardless of conformance to the 
voluntary standard, the proportion of chairs that might need 
modifications to comply with side stability requirements could be high. 
In testing conducted by CPSC Engineering Sciences (``ES'') staff, 7 
models out of 9 model samples (from both small and large firms) failed 
the proposed test for side stability.
    If a folding chair or a folding stool must be modified to comply 
with the staff's proposed side-stability requirements, costs will vary 
with the necessary modification. CPSC ES staff has identified the 
addition of a small plastic stabilizer to each corner as a possible 
modification for chairs or stools with rounded tube frames, based on 
one model tested which passed with these stabilizers and failed the 
test with them removed. Similarly designed models found in Europe, 
where side stability requirements exist for children's folding chairs, 
also contain these stabilizers. The costs of adding these small pieces 
of plastic would likely be low, due to the size and material.
    For chairs with other frame types and arms that extend farther out 
from the seating area, for which the plastic stabilizers are either not 
possible or not sufficient, a redesign may be necessary to eliminate 
the arms or otherwise modify the chair's design for compliance with the 
requirements. One manufacturer estimates the costs to redesign a non-
compliant chair to be $10,000, including 9 to 12 months of labor and 
development time. This cost could be significant for one manufacturer, 
if a redesign were required for all models. The costs for a non-
compliant folding chair that does not require a full redesign would 
likely be lower. The costs for redesign of warning labels is expected 
to be 1 hour of labor time at current labor rates, as discussed in 
section XII below.
    At this time, CPSC staff does not have sufficient information to 
determine what proportion of folding chair or folding stool models 
currently in the market will be able to meet the side-stability 
requirements through a simple and inexpensive fix like adding a plastic 
stabilizer versus the proportion of models that will require a more 
costly redesign. Without this information, the economic impact that the 
four small manufacturers will experience due to the proposed side-
stability requirements is difficult to assess. Therefore, we cannot 
rule out a significant economic impact for small folding chair 
manufacturers.

[[Page 63163]]

    The Commission seeks information on the modifications that 
manufacturers expect are needed for existing folding chair or folding 
stool models to meet the side-stability requirements as well as any 
data regarding the expected costs of such modifications. In particular, 
the Commission seeks comments on the likely costs of compliance with 
the side-stability requirements and the extent to which the total cost 
of any necessary modifications might exceed one percent of the 
manufacturer's gross revenue.
    Three of the small manufacturers of children's folding chairs and 
folding stools have diversified product lines. If the cost of 
compliance with the proposed rule is too high, these firms might 
discontinue production, thus avoiding significant economic harm. 
However, because revenue data for these firms was not sufficiently 
detailed, CPSC staff cannot determine with any certainty whether exit 
from the market is an economically viable option. The remaining 
manufacturer supplies a folding chair as an accessory with its one main 
product. This manufacturer's folding chair does not currently comply 
with the voluntary standard. Although the firm might be able to offer 
its product line without a folding chair, CPSC staff cannot determine 
whether ceasing the sale of its folding chair would have a significant 
adverse impact on the firm, and thus, CPSC staff is unable to rule out 
a significant economic impact based on this manufacturer's ability to 
exit the market.
    To better assess the economic impact on small manufacturers, the 
Commission is interested in obtaining data on the importance of 
children's folding chairs and stools relative to a manufacturer's 
overall product line and gross revenues, and feedback regarding the 
desirability of exit as a strategy for averting regulatory compliance 
costs. For example, do sales of children's folding chairs or folding 
stools constitute a small proportion of a manufacturer's overall 
revenue (i.e. less than one percent of gross revenue)? Would a typical 
manufacturer of children's folding chairs or folding stools be able to 
discontinue production without experiencing significant economic 
hardship?
    Under section 14 of the CPSA, children's folding chairs and stools 
are subject to third party testing and certification. Once the new 
requirements become effective, all manufacturers will be subject to the 
additional costs associated with the third party testing and 
certification requirements under the testing rule, Testing and Labeling 
Pertaining to Product Certification (16 CFR part 1107). Third party 
testing will include physical and mechanical test requirements 
specified in the folding chairs final rule; lead testing is already 
required. Third party testing costs are in addition to the direct costs 
of meeting the standard.
    CPSC staff contacted two small manufacturers regarding testing 
costs and one firm estimated that chemical and structural testing of 
one unit of a children's folding chair costs around $1,000 annually. No 
other firms were willing or able to supply the requested testing cost 
information. Estimates provided by suppliers for other section 104 
rulemakings indicate that around 40 to 50 percent of testing costs can 
be attributed to structural requirements, with the remaining 50 to 60 
percent resulting from chemical testing (lead testing). CPSC staff 
estimates that testing to structural components of the ASTM voluntary 
standard could cost about $400 to $500 per sample tested ($1,000 x .4 
to $1,000 x .5). These costs are consistent with testing cost estimates 
for products with standards of similar complexity.
    CPSC staff's review of the children's folding chairs and folding 
stools market shows that three small domestic manufacturers supply one 
model of children's folding chair or folding stool to the U.S. market 
annually. The fourth small manufacturer supplies five models of 
children's folding chairs and folding stools. Therefore, if third party 
testing were conducted every year, third party testing costs for three 
manufacturers with only one model would be about $400-$500 annually per 
model tested, and $2,000-$2,500 for the other manufacturer ($400-$500 
per model, five models), if only one sample were tested for each model.
    The testing and labeling rule (16 CFR part 1107) is not explicit 
regarding the number of samples firms will need to test to meet the 
``high degree of assurance'' criterion. However, based on an 
examination of each small domestic manufacturer's revenues from recent 
Dun & Bradstreet or Reference USA reports, testing costs are likely to 
be under one percent of gross revenue for these small manufacturers. 
Thus, it seems unlikely that testing costs, by themselves, would be 
economically significant for the small manufacturers unless a very high 
number of samples per model were needed to meet the ``high degree of 
assurance'' criterion. The Commission seeks comments on the typical 
number of samples that are tested to satisfy third party testing 
requirements, and whether third party testing would lead to significant 
economic impact.
    Small Domestic Importers. Of the six or seven small importers, only 
one claims that its products comply with the ASTM standard. The state 
of compliance for the remainder could not be determined. For the 
importer or importers currently in compliance with the voluntary 
standard, if their products pass the sideways stability test, there 
should be minimal burden associated with compliance. As most of the 
imported chairs tested by CPSC engineering staff failed the proposed 
sideways stability test, it is probable that many importers' products 
would not comply with the proposed rule.
    Whether there is a significant economic impact on small importers 
will depend upon the extent of the changes required to come into 
compliance and the response of their supplying firms. In general, if 
the supplying firm comes into compliance, the importer could elect to 
continue importing the compliant product. Any increase in production 
costs experienced by suppliers as a result of changes made to meet the 
mandatory standard could be passed on to the importers. If an importer 
is unwilling or unable to accept the increased costs, or if the 
importer's supplier decides not to comply with the mandatory standard, 
the importer could find another supplier of children's folding chairs 
and stools or stop importing children's folding chairs and stools. 
Because no small importers responded to requests for information, 
however, staff could not estimate the economic impact on these firms 
and cannot rule out a significant economic impact.
    To assist with further analysis of the impact of the rule on small 
importers, the Commission seeks information on the degree to which 
supplying firms tend to pass on increases in production and regulatory 
costs to importers. To what extent is the ability to pass on these 
costs limited by the ease with which importers can switch suppliers or 
substitute an alternative product for children's folding chairs and 
stools?
    As with manufacturers, all importers will be subject to third party 
testing and certification requirements, and consequently, will be 
subject to costs similar to those for manufacturers if the importer's 
supplying foreign firm(s) does not perform third party testing. These 
testing costs are not likely, by themselves, to exceed one percent of 
gross revenue for the six small domestic importers for which revenue 
information is available. The impact on the other importer is unknown. 
Again, the Commission is interested in the size

[[Page 63164]]

of the economic impact third party testing poses for importers, and 
whether testing costs would constitute a small proportion of a 
manufacturer's overall revenue (i.e. less than one percent of gross 
revenue).
    Alternatives. CPSC staff reviewed the alternatives to the proposed 
mandatory standard. Adopting ASTM F2613-14 with respect to children's 
folding chairs and stools, but without any further modifications to the 
performance requirements is one alternative. This alternative would 
reduce the impact on all of the known small businesses supplying 
children's folding chairs and stools to the U.S. market by not 
including the additional requirements and tests for sideways stability 
and additional labeling requirements. Another alternative would be to 
set a later effective date than the 6 month effective date proposed in 
the NPR. The NPR requests comments on the economic impacts of the 
proposed rule, as well as comments on the 6 month effective date.

F. Impact of Proposed 16 CFR Part 1112 Amendment on Small Businesses

    As required by the RFA, staff conducted a Final Regulatory 
Flexibility Analysis (``FRFA'') when the Commission issued the part 
1112 rule (78 FR 15836, 15855-58). Briefly, the FRFA concluded that the 
accreditation requirements would not have a significant adverse impact 
on a substantial number of small testing laboratories because no 
requirements were imposed on test laboratories that did not intend to 
provide third party testing services. The only test laboratories that 
were expected to provide such services were those that anticipated 
receiving sufficient revenue from the mandated testing to justify 
accepting the requirements as a business decision.
    Based on similar reasoning, amending 16 CFR part 1112 to include 
the NOR for the children's folding chair and stool standard will not 
have a significant adverse impact on small test laboratories. Moreover, 
based upon the number of test laboratories in the United States that 
have applied for CPSC acceptance of accreditation to test for 
conformance to other mandatory juvenile product standards, we expect 
that only a few test laboratories will seek CPSC acceptance of their 
accreditation to test for conformance with the children's folding chair 
and stool standard. Most of these test laboratories will have already 
been accredited to test for conformance to other mandatory juvenile 
product standards, and the only costs to them would be the cost of 
adding the children's folding chair and stool standard to their scope 
of accreditation. As a consequence, the Commission certifies that the 
NOR amending 16 CFR part 1112 to include the children's folding chair 
and stool standard will not have a significant impact on a substantial 
number of small entities.

XI. Environmental Considerations

    The Commission's regulations address whether we are required to 
prepare an environmental assessment or an environmental impact 
statement. Under these regulations, a rule that has ``little or no 
potential for affecting the human environment'' is categorically exempt 
from this requirement. 16 CFR 1021.5(c)(1). The proposed rule falls 
within the categorical exemption.

XII. Paperwork Reduction Act

    This proposed rule contains information collection requirements 
that are subject to public comment and review by the Office of 
Management and Budget (``OMB'') under the Paperwork Reduction Act of 
1995 (``PRA'') (44 U.S.C. 3501-3521). In this document, pursuant to 44 
U.S.C. 3507(a)(1)(D), we set forth:
     A title for the collection of information;
     a summary of the collection of information;
     a brief description of the need for the information and 
the proposed use of the information;
     a description of the likely respondents and proposed 
frequency of response to the collection of information;
     an estimate of the burden that shall result from the 
collection of information; and
     notice that comments may be submitted to the OMB.
    Title: Safety Standard for Children's Folding Chairs and Stools.
    Description: The proposed rule would require each folding chair and 
folding stool to comply with ASTM F2613-14, with the changes proposed 
in this Notice, which contains requirements for marking and labeling. 
These requirements fall within the definition of ``collection of 
information,'' as defined in 44 U.S.C. 3502(3).
    Description of Respondents: Persons who manufacture or import 
children's folding chairs and folding stools.
    Estimated Burden: We estimate the burden of this collection of 
information as follows:

                                                       Table 1--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Number of       Frequency of     Total annual      Hours per       Total burden
                           16 CFR Section                              respondents       responses        responses         response          hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1232.2.............................................................              14              1.4               20                1               20
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Our estimate is based on the following:
    There are 14 known firms supplying children's folding chairs or 
folding stools to the U.S. market. All firms are assumed to use labels 
on both their products and their packaging already, but they might need 
to make some modifications to their existing labels. The estimated time 
required to make these modifications is about 1 hour per model. Each of 
these firms supplies an average of 1.4 different models of children's 
folding chairs or folding stools; therefore, the estimated burden hours 
associated with labels is 1 hour x 14 firms x 1.4 models per firm = 20 
annual hours.
    We estimate that hourly compensation for the time required to 
create and update labels is $30.09 (U.S. Bureau of Labor Statistics, 
``Employer Costs for Employee Compensation,'' December 2014, Table 9, 
total compensation for all sales and office workers in goods-producing 
private industries: http://www.bls.gov/ncs/). Therefore, the estimated 
annual cost associated with the proposed requirements is $602 ($30.09 
per hour x 20 hours = $601.80).
    In compliance with the PRA (44 U.S.C. 3507(d)), we have submitted 
the information collection requirements of this rule to the OMB for 
review. Interested persons are requested to submit comments regarding 
information collection to the Office of Information and Regulatory 
Affairs, OMB (see the ADDRESSES section at the beginning of this 
notice).
    Pursuant to 44 U.S.C. 3506(c)(2)(A), we invite comments on:

[[Page 63165]]

     Whether the collection of information is necessary for the 
proper performance of the CPSC's functions, including whether the 
information will have practical utility;
     the accuracy of the CPSC's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
     ways to enhance the quality, utility, and clarity of the 
information to be collected;
     ways to reduce the burden of the collection of information 
on respondents, including the use of automated collection techniques, 
when appropriate, and other forms of information technology; and
     the estimated burden hours associated with label 
modification, including any alternative estimates.

XIII. 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 Commission for an exemption 
from this preemption under certain circumstances. Section 104(b) of the 
CPSIA refers to the rules to be issued under that section as ``consumer 
product safety rules.'' Therefore, the preemption provision of section 
26(a) of the CPSA would apply to a rule issued under section 104.

XIV. Request for Comments

    This NPR begins a rulemaking proceeding under section 104(b) of the 
CPSIA to issue a consumer product safety standard for children's 
folding chairs and stools, and to amend part 1112 to add children's 
folding chairs and stools to the list of children's product safety 
rules for which the CPSC has issued an NOR. We invite all interested 
persons to submit comments on any aspect of the proposed mandatory 
safety standard for children's folding chairs and stools and on the 
proposed amendment to part 1112. Specifically, the Commission requests 
comments on the costs of compliance with, and testing to, the proposed 
mandatory children's folding chairs and stools standard, the proposed 
6-month effective date for the new mandatory children's folding chairs 
and stools standard, and the amendment to part 1112. In addition, the 
Commission requests comments on the proposed amendment to part 1130, to 
include folding stools in the proposed rule.
    Comments should be submitted in accordance with the instructions in 
the ADDRESSES section at the beginning of this notice.

List of Subjects

16 CFR Part 1112

    Administrative practice and procedure, Audit, Consumer protection, 
Reporting and recordkeeping requirements, Third party conformity 
assessment body.

16 CFR Part 1130

    Administrative practice and procedure, Business and industry, 
Consumer protection, Reporting and recordkeeping requirements.

16 CFR Part 1232

    Consumer protection, Imports, Incorporation by reference, Infants 
and children, Labeling, Law enforcement, and Toys.

    For the reasons discussed in the preamble, the Commission proposes 
to amend 16 CFR chapter II, as follows:

PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY 
ASSESSMENT BODIES

0
1. The authority citation for part 1112 continues to read as follows:

    Authority:  Pub. L. 110-314, section 3, 122 Stat. 3016, 3017 
(2008); 15 U.S.C. 2063.

0
2. Amend Sec.  1112.15 by adding paragraph (b)(43) to read as follows:


Sec.  1112.15  When can a third party conformity assessment body apply 
for CPSC acceptance for a particular CPSC rule and/or test method?

* * * * *
    (b) * * *
    (43) 16 CFR part 1232, Safety Standard for Children's Folding 
Chairs and Stools.
* * * * *
0
3. Amend Sec.  1130.2 by revising paragraph (a)(13) to read as follows:

PART 1130--REQUIREMENTS FOR CONSUMER REGISTRATION OF DURABLE INFANT 
OR TODDLER PRODUCTS


Sec.  1130.2  Definitions.

* * * * *
    (a) * * *
    (13) Children's folding chairs and stools;
* * * * *
0
4. Add part 1232 to read as follows:

PART 1232--SAFETY STANDARD FOR CHILDREN'S FOLDING CHAIRS AND STOOLS

Sec.
1232.1 Scope.
1232.2 Requirements for children's folding chairs and stools.

    Authority:  Sec. 104, Public Law 110-314, 122 Stat. 3016.


Sec.  1232.1  Scope.

    This part establishes a consumer product safety standard for 
children's folding chairs and stools.


Sec.  1232.2  Requirements for children's folding chairs and stools.

    (a) Except as provided in paragraph (b) of this section, each 
children's folding chair and stool shall comply with all applicable 
provisions of ASTM F2613-14, Standard Consumer Safety Specification for 
Children's Chairs and Stools, approved October 1, 2014. 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 from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West 
Conshohocken, PA 19428; http://www.astm.org. You may inspect a copy at 
the Office of the Secretary, 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, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federalregulations/ibr_locations.html.
    (b) Comply with ASTM F2613-14 with the following additions or 
exclusions:
    (1) Instead of complying with section 5.13 of ASTM F2613-14, comply 
with the following:
    (i) 5.13 Stability--All chairs shall not tip over backward or 
sideways when tested in accordance with 6.8. Tip over shall consist of 
the product moving past equilibrium and begin to overturn.
    (ii) [Reserved]
    (2) Instead of complying with section 6.8 of ASTM F2613-14, comply 
with the following:
    (i) 6.8 Stability Test Method--(A) 6.8.1 Test equipment and 
preparation--(1) 6.8.1.1 Test surface--any rigid material covered with 
a high pressure laminate of unspecified color with a smooth matte 
finish and inclined at an angle of 10[deg] ( 0.5[deg]) to 
the horizontal plane.
    (2) 6.8.1.2 50 lb. test cylinder--cylinder weighing 50.0  0.5 lbs. (22.7  0.2 kg) that is 12.0  
0.1 in. (305  2

[[Page 63166]]

mm) high with a diameter of 6.0  0.1 in. (152  
2 mm) and a center of gravity of 6.0  0.1 in. (152  2 mm) from either face (see Fig. 5). This cylinder shall be 
applied to a product seating surface whose height is 10 in. (254 mm) or 
less from the floor.
    (3) 6.8.1.3 100 lb. test cylinder--cylinder weighing 100.0  0.5 lbs. (45.4  0.2 kg) that is 12.0  
0.1 in. (305  2 mm) high with a diameter of 6.0  0.1 in. (152  2 mm) and a center of gravity of 6.0 
 0.1 in. (152  2 mm) from either face (see Fig. 
5). This cylinder shall be applied to a product seating surface whose 
height is greater than 10 in. (254 mm) above the floor.
    (4) 6.8.1.4 Measurement of the product seating surface height--This 
height shall be measured from the floor to the midpoint on the upper 
surface of the front edge of the seating surface, when a 2 lb. (0.9 kg) 
load is applied vertically downward using a \1/2\'' (13 mm) diameter 
disk onto the midpoint on the upper surface of the front edge of the 
seat (see Fig X).
    Note X--Use of stops to prevent sliding: If necessary to prevent 
the product from sliding down the incline, either by its own weight 
when initially placed on the incline or during the conduct of the test 
in the following sections, stops can be placed against the product's 
legs. Stops shall be the minimum height required to prevent sliding and 
shall not inhibit overturning.
    (B) 6.8.2 Rearward stability
    (1) 6.8.2.1 Product orientation: Place the product on the test 
surface with the front of the product facing the upward slope.
    (2) 6.8.2.2 Application of the load: Place the applicable test 
cylinder so that it is centered side to side on the product seating 
surface, oriented perpendicular to the plane of this surface, and allow 
the cylinder to come to rest.
    (3) 6.8.2.3 Cylinder Positioning for Chairs: Place the cylinder as 
far back or downslope on the seating surface as permitted by the seat 
back or chair frame (see Fig. 4).
    (4) 6.8.2.4 Cylinder Positioning for Stools: Place the cylinder as 
far back or downslope as permitted by the seating surface without 
allowing any part of the cylinder to extend beyond the rearmost or 
downslope edge of the stool.
    (C) 6.8.3 Sideways stability
    (1) 6.8.3.1 Product orientation: Place the product on the test 
surface in the most unfavorable position with a side of the product 
facing the upward slope.
    (2) 6.8.3.2 Application of the load: Place the applicable test 
cylinder so that it is centered front to back on the product seating 
surface, oriented perpendicular to the plane of this surface, and allow 
the cylinder to come to rest.
    (3) 6.8.3.3 Cylinder Positioning for Chairs: Place the cylinder as 
far back or downslope on the seating surface as permitted by the chair 
frame or arms (see Fig. Y).
    (4) 6.8.3.4 Cylinder Positioning for Stools: Place the cylinder as 
far back or downslope as permitted by the seating surface without 
allowing for any part of the cylinder to extend beyond the rearmost or 
downslope edge of the stool.
[GRAPHIC] [TIFF OMITTED] TP19OC15.008

    (3) Instead of complying with section 7.2 of ASTM F2613-14, 
including all subsections of section 7.2, comply with the following:
    (i) 7.2 Warning Statements: Each folding chair and each folding 
stool shall have warning statements.
    (A) 7.2.1 The warnings shall be easy to read and understand and be 
in the English language at a minimum.
    (B) 7.2.2 The warning statements shall be conspicuous in highly 
contrasting color(s) (e.g., black text on white background), in non-
condensed sans serif type, permanent and applied so they are in a 
prominent location, visible to the caregiver when the product is in the 
manufacturer's use position.
    (C) 7.2.3 The specified warnings shall be separate and distinct 
from any other graphic or written material on the product and 
surrounded by a black border. Note: Separate and distinct, for example, 
on the back of the chair's back rest away from warnings on the 
underside of the chair so that it is clearly visible to a consumer 
approaching the chair from the back. For stools, where possible, the 
label shall be placed in a visible location such as on the legs in such 
a way that the label does not wrap around the legs.
    (D) 7.2.4 Any labels or written instructions provided in addition 
to those required by this section shall not contradict or confuse the 
meaning of the required information or be otherwise misleading to the 
consumer.
    (E) 7.2.5 The safety alert symbol
    [GRAPHIC] [TIFF OMITTED] TP19OC15.009
    

[[Page 63167]]



and, the signal word ``WARNING'', and the words ``AMPUTATION HAZARD'' 
shall precede the warning statements.
    (F) 7.2.6 The safety alert symbol
    [GRAPHIC] [TIFF OMITTED] TP19OC15.010
    

and the signal word ``WARNING'' shall not be less than 0.2-in. (5-mm) 
high and the remainder of the text shall be in characters whose upper 
case is at least 0.1-in. (2.5-mm) high except as specified.
     (G) 7.2.7 The signal word WARNING shall be in black letters on an 
orange panel surrounded by a black border.
    Note 1--When special circumstances preclude the use of the color 
orange, yellow or red may be used, whichever contrasts best against the 
product background.
    (H) 7.2.8 The solid triangle portion of the safety alert symbol 
shall be the same color as the signal word lettering, and the 
exclamation mark shall be the same color as the signal word panel.
    (I) 7.2.9 The words ``AMPUTATION HAZARD'' shall be in bold black 
letters.
    (J) 7.2.10 The precautionary statements shall be indented from the 
hazard statements, preceded with bullet points, and appear as shown in 
Figs. 6 and 7.
    (K) 7.2.11 The warning label shall contain sufficient white space 
as shown as shown in Figs. 6 and 7.
    (L) 7.2.12 Overall height and width of the label may be modified as 
necessary to fit on the product, but still meet requirements for 
conspicuousness. An example of the warning label format described in 
this section is shown in Figs. 6 and 7.
    (M) 7.2.13 For folding chairs and folding stools with latch(es), 
warnings shall address the following:
    (1) 7.2.13.1 Amputation hazard:


Hazard and Consequence Statement:


AMPUTATION HAZARD

Chair can fold or collapse if lock not fully engaged. Moving parts can 
amputate child's fingers if chair folds or collapses.


Precautionary Statements:

 Keep fingers away from moving parts.
 Completely unfold chair and fully engage locks before allowing 
child to sit in chair.
 Never allow child to fold or unfold chair.

    (2) [Reserved]
    (N) 7.2.14 For folding chairs and folding stools without latch(es), 
warnings shall address the following:
    (1) 7.2.14.1 Amputation hazard:


Hazard and Consequence Statement


AMPUTATION HAZARD

Moving parts can amputate child's fingers.


Precautionary Statements:

 Keep fingers away from moving parts.
 Completely unfold chair before allowing child to sit in chair.
 Never allow child to fold or unfold chair.

    (2) [Reserved]
    (4) In addition to the figures in ASTM F2613-14, use the following 
figure 6:
[GRAPHIC] [TIFF OMITTED] TP19OC15.011

    (5) In addition to the figures in ASTM F2613-14, use the following 
figure 7:

[[Page 63168]]

[GRAPHIC] [TIFF OMITTED] TP19OC15.012


    Dated: October 13, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-26385 Filed 10-16-15; 8:45 am]
 BILLING CODE 6355-01-P