[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Rules and Regulations]
[Pages 37128-37132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13663]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2013-0019]

16 CFR Part 1227


Revisions to Safety Standard for Carriages and Strollers

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In accordance with section 104(b) of the Consumer Product 
Safety Improvement Act of 2008 (``CPSIA''), also known as the Danny 
Keysar Child Product Safety Notification Act, the U.S.

[[Page 37129]]

Consumer Product Safety Commission (``Commission'' or ``CPSC'') has 
published consumer product safety standards for numerous durable infant 
or toddler products, including a safety standard for carriages and 
strollers. The standard incorporated by reference the ASTM voluntary 
standard for carriages and strollers, with a modification. In August 
2011, Congress enacted a public law, which sets forth a process for 
updating standards that the Commission has issued under the authority 
of section 104(b) of the CPSIA. In accordance with that process, we are 
publishing this direct final rule, revising the CPSC's standard for 
carriages and strollers to incorporate by reference a more recent 
version of the applicable ASTM standard.

DATES: The rule is effective on October 2, 2016, unless we receive 
significant adverse comment by July 11, 2016. If we receive timely 
significant adverse comments, we will publish notification in the 
Federal Register, withdrawing this direct final rule before its 
effective date. The incorporation by reference of the publications 
listed in this rule is approved by the Director of the Federal Register 
as of October 2, 2016.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2013-
0019, by any of the following methods:
    Submit electronic comments in the following way:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments. To ensure timely processing of 
comments, the Commission is no longer accepting comments submitted by 
electronic mail (email), except through www.regulations.gov.
    Submit written submissions in the following way:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, 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 document. 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 
electronically. Such information should be submitted in writing.

FOR FURTHER INFORMATION CONTACT: For information related to the 
carriages and strollers standard, contact: Rana Balci-Sinha, Director, 
Division of Human Factors, Consumer Product Safety Commission, 5 
Research Place, Rockville MD 20850; telephone: 301-987-2584; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    The Danny Keysar Child Product Safety Notification Act. The 
Consumer Product Safety Improvement Act of 2008 (CPSIA, Pub. L. 110-
314) was enacted on August 14, 2008. Section 104(b) of the 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 that these 
standards are 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. On March 10, 
2014, the Commission published a final rule issuing a standard for 
carriages and strollers that incorporated by reference the standard in 
effect at that time, ASTM F833-13b, with a modification to address 
potential hazardous openings created by adjustable grab bar/tray and 
foot rest configurations. 79 FR 13208. The standard was codified in the 
Commission's regulations at 16 CFR part 1227.
    Public Law 112-28. On August 12, 2011, Congress enacted Public Law 
112-28, amending and revising several provisions of the CPSIA, 
including the Danny Keysar Child Product Safety Notification Act. The 
revised provision 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.
    If an organization revises a standard that has been adopted, in 
whole or in part, as a consumer product safety standard under this 
subsection, the Commission must be notified. The statute further 
provides that 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. Public Law 112-28, 
section 3.
    Notification of Revisions. On April 5, 2016, ASTM notified the CPSC 
of ASTM's approval and publication of revisions to ASTM F833-13b in a 
revised standard approved on November 1, 2015, ASTM F833-15, Standard 
Consumer Safety Performance Specification for Carriages and Strollers 
(ASTM F833-15). As discussed below, the Commission has reviewed the 
differences between 16 CFR part 1227 and ASTM F833-15.

B. Revisions to the ASTM Standard

    There are several differences between 16 CFR part 1227 (which 
references ASTM F833-13b) and the revised version of the standard, ASTM 
F833-15. We summarize the differences and the CPSC's assessment of the 
revisions below.
    Definition of Convertible Car Seat/Stroller. The 2015 version of 
the ASTM standard adds a definition for a ``convertible car seat/
stroller'' to clarify the distinction between a convertible car seat/
stroller (i.e., a car seat with wheels and a handle that can convert to 
a stroller) and a combined unit of a car seat on a stroller. The 
definition is referenced in a revised section regarding convertible car 
seat/strollers, which allows an exemption for restraints used in motor 
vehicles.
    CPSC staff's review shows that the addition of a definition for 
``convertible car seat/stroller'' adds clarity to the revised standard 
because this definition is used in a revised section regarding 
performance requirements for combination units of a car seat on a 
stroller and convertible car seat/stroller. The addition of this 
definition is neutral regarding safety.
    Definitions of Tray/Grab BarLocking and Stop Positions. The 2015 
version of the ASTM standard adds two new definitions that describe 
locking and stop positions of the tray/grab bar. These definitions are 
then referenced in revised sections clarifying the performance 
requirement and test methods associated with passive containment/foot 
opening.
    CPSC staff's review shows that the addition of definitions for 
tray/grab bar locking and stop positions improve clarity to the revised 
standard because these definitions are used in revised sections for 
performance requirements and test methods applicable to passive 
containment/foot openings. The

[[Page 37130]]

addition of these definitions is neutral regarding safety.
    Requirements for Static Load Associated with Step/Footrest. The 
2015 version of the ASTM standard repeats a requirement that any step 
or footrest on a stroller shall support a static load of 50 lbs under 
the performance requirements section, as well as under the test methods 
for static load.
    CPSC staff's review shows that the addition of a separate section 
repeating the static load requirement adds clarity to the revised 
standard because the provision is equally applicable to both the 
performance requirement and test method sections. The addition of this 
section is neutral regarding safety.
    Requirements for Combination Unit of a Car Seat on a Stroller and 
Convertible Car Seat/Stroller. The 2015 version of the standard allows 
products that are used as a car seat and that can convert to a stroller 
using the same restraint as the car seat, to be exempt from the 
stroller restraint system anchor points and crotch strap location 
requirements. The restraint systems for car seats sold in the United 
States are regulated under Federal Motor Vehicle Safety Standard No. 
213 (FMVSS 213).
    CPSC staff's review shows that adding the exemption for a restraint 
system that is certified to restrain a child in a motor vehicle is 
neutral regarding safety because the restraint systems must comply with 
the FMVSS requirements. In addition, aside from the restraint system, 
the combination unit of a car seat on a stroller must still comply with 
all of the other applicable requirements when the car seat is installed 
in all of the manufacturer's recommended use positions.
    Requirements for Passive Containment/Foot Opening, Testing Tray/
Grab Bar Locking Positions, and Testing Tray/Grab Bar Positions. The 
2015 version of the standard requires testing of all applicable 
positions of the adjustable grab bar/tray that may create a hazardous 
opening. These positions consist of locking positions (including 
positions intended for non-occupant use), as well as stop positions 
(not a locking position but a position where tray/grab bar can remain 
stationary when a 5 lb force is applied for 10 seconds).
    CPSC staff's review shows that the revisions improve the safety of 
the standard set forth in 16 CFR part 1227 to address hazardous 
openings created by adjustable grab bar/tray and foot rest 
configurations. In its regulation, the CPSC required that tests be 
conducted in the position ``most likely to cause failure.'' See 16 CFR 
1227.2(b). The 2015 version of the standard provides additional clarity 
indicating that the test has to be repeated, depending on the number of 
adjustments that can be made in the grab bar/tray, as well as footrest 
or calf support positions. The revised test method is a clearer test 
and will improve the safety of the standard because all potentially 
hazardous openings will be evaluated.
    Warning Statements for Jogging Strollers. The 2015 version of the 
standard clarifies the warning label requirements associated with 
strollers that have a removable-wheel fork assembly and strollers that 
are three-wheeled with a locking front wheel and are intended to be 
used for running, jogging, or walking fast, requiring the units to 
display the warning label. The warning content remains unchanged.
    CPSC staff's review shows that the revisions on the warning label 
requirements improve the safety of strollers. The version referenced in 
16 CFR part 1227, ASTM F833-13b, could be interpreted to require 
warning labels only on jogging strollers with a removable-wheel fork 
assembly. The 2015 version of the standard clarifies that the warning 
label requirements apply to: (1) Any stroller with a removable wheel 
fork assembly for the label that is placed on the front wheel fork; and 
(2) any three-wheeled stroller intended to be used while jogging, 
walking fast, or running with a locking front wheel. Accordingly, the 
revised standard makes clear that all of these types of three-wheeled 
strollers must display warning labels.
    Assessment of the Revisions to the ASTM Standard. Under Public Law 
112-28, unless the Commission determines that ASTM's revision ``does 
not improve the safety of the consumer product covered by the 
standard,'' ASTM F833-15 will become the new mandatory standard for 
carriages and strollers. As discussed above, based on the CPSC staff's 
review, the Commission believes that certain revisions are neutral 
regarding safety. However, other revisions will improve the safety of 
standard, including the clarifications to the testing for adjustable 
grab bar/tray and foot rest configurations and warning labels. 
Consequently, the Commission did not determine or notify ASTM that the 
revised standard does not improve the safety of carriages and 
strollers.
    In accordance with Public Law 112-28, the revised ASTM standard for 
carriages and strollers, therefore, becomes the new CPSC standard 180 
days after the date the CPSC received notification of the revision from 
ASTM. This rule revises the incorporation by reference at 16 CFR part 
1227, to reference the ASTM standard, ASTM F833-15.

C. 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.'' The Commission concludes that, in the context of these 
revisions to ASTM standards upon which CPSC's durable infant or toddler 
product standards are based, which automatically become consumer 
product standards and that simply would be incorporated by reference 
into applicable regulatory provisions, notice and comment is not 
necessary.
    Without Commission action to update the incorporation by reference 
in the CPSC's mandated standards, the standard published in the Code of 
Federal Regulations will not reflect the revised ASTM standard that 
will be in effect by operation of law under Public Law 112-28. For 
accuracy, and to avoid misleading the public about the applicable 
consumer product standard, the Commission believes that issuing a rule 
revising the incorporation by reference in these circumstances is 
appropriate. In Recommendation 95-4, the Administrative Conference of 
the United States (``ACUS'') endorsed direct final rulemaking as an 
appropriate procedure to expedite promulgation of rules that are 
noncontroversial and that are not expected to generate significant 
adverse comment. See 60 FR 43108 (August 18, 1995). 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.
    Revising the regulatory reference to the ASTM standard will conform 
the regulation to the substantive change in the applicable consumer 
product standard that will occur by operation of law under Public Law 
112-28. 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 Public Law 112-28. Therefore, there is little for 
the public to comment upon.
    Unless we receive a significant adverse comment within 30 days, the 
rule will become effective on October 2, 2016. In accordance with 
ACUS's recommendation, the Commission considers a significant adverse 
comment to be one where the commenter explains

[[Page 37131]]

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.
    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 proposed rulemaking, providing an opportunity for public 
comment.

D. Effective Date

    Under the procedure set forth in Public Law 112-28, when a 
voluntary standard organization revises a standard upon which a 
consumer product safety standard issued under the Danny Keysar Child 
Product Safety Notification Act 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. In accordance with this provision, this rule establishes an 
effective date that is 180 days after we received notification from 
ASTM of revisions to these standards. 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 
October 2, 2016.

E. 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 change to 
the incorporation by reference in the carriages and stroller standard 
will not result in any substantive changes to the standard. Therefore, 
this rule will not have any economic impact on small entities.

F. 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 because 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.

G. Paperwork Reduction Act

    The carriages and stroller standard contain information collection 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). No changes have been made to that section of the standard. Thus, 
these revisions will not have any effect on the information collection 
requirements related to that standard.

H. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a 
``consumer product safety standard under [the Consumer Product Safety 
Act (CPSA)]'' 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.
    The Danny Keysar Child Product Safety Notification Act (at section 
104(b)(1)(B) of the CPSIA) refers to the rules to be issued under that 
section as ``consumer product safety standards,'' thus, implying that 
the preemptive effect of section 26(a) of the CPSA would apply. 
Therefore, a rule issued under section 104 of the CPSIA will invoke the 
preemptive effect of section 26(a) of the CPSA when it becomes 
effective.

I. Certification

    Section 14(a) of the CPSA imposes the requirement 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 in the 
preceding discussion, 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 carriages and strollers 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 of section 101 of the CPSIA, the 
tracking label requirement in section 14(a)(5) of the CPSA, and the 
consumer registration form requirements in the Danny Keysar Child 
Product Safety Notification Act.

J. 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 carriages and strollers (79 FR 13208 (March 10, 2014)). The 
NORs provided the criteria and process for our acceptance of 
accreditation of third party conformity assessment bodies for testing 
carriages and strollers to 16 CFR part 1227 (which incorporated ASTM 
F833-13b with modifications). The NORs are listed in the Commission's 
rule, ``Requirements Pertaining to Third Party Conformity Assessment 
Bodies.'' 16 CFR part 1112.
    The revisions discussed above do not add any new provisions that 
would require a third party conformity assessment body (testing 
laboratory) to conduct additional tests. As discussed above, most of 
the revisions clarify the existing standard and will not change 
existing test methods. Although the test method associated with passive 
containment/foot opening has been clarified to require testing 
depending on the number of adjustments that can be made in the grab 
bar/tray as well as footrest or calf support positions, the revision is 
not expected to affect how a test laboratory tests strollers and 
convertible carriages/strollers in a stroller mode. Revising the 
reference to ASTM F833-15 for the carriages and stroller standard will 
not necessitate any change in the way that third party conformity 
assessment bodies test these products for compliance to CPSC standards. 
Therefore, the Commission considers the existing accreditations that 
the Commission has accepted for testing to this standard also to cover 
testing to the revised standard. The existing NOR for this standards 
will remain in place, and CPSC-accepted third party conformity 
assessment bodies are expected to update the scope of the testing 
laboratories' accreditation to reflect the revised standard in the 
normal course of renewing their accreditation.

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K. Incorporation by Reference

    The OFR has regulations concerning incorporation by reference. 1 
CFR part 51. Under these regulations, agencies must discuss, in the 
preamble of the final rule, ways that the materials the agency 
incorporates by reference are reasonably available to interested 
persons and how interested parties can obtain the materials. In 
addition, the preamble to the final rule must summarize the material. 1 
CFR 51.5(b).
    In accordance with the OFR's requirements, section B of this 
preamble summarizes the ASTM F833-15 standard that the Commission 
incorporates by reference into 16 CFR part 1227. 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, PO Box C700, West Conshohocken, PA 19428-2959 USA, phone: 
610-832-9585; http://www.astm.org/. A copy of the standard can also be 
inspected 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.

List of Subjects in 16 CFR Part 1227

    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 1227--SAFETY STANDARD FOR CARRIAGES AND STROLLERS

0
1. The authority citation for part 1227 continues to read as follows:

    Authority:  The Consumer Product Safety Improvement Act of 2008, 
Public Law 110-314, 104, 122 Stat. 3016 (August 14, 2008); Public 
Law 112-28, 125 Stat. 273 (August 12, 2011).

0
2. Revise Sec.  1227.2 to read as follows:


Sec.  1227.2  Requirements for carriages and strollers.

    Each carriage and stroller shall comply with all applicable 
provisions of ASTM F833-15, Standard Consumer Safety Specification for 
Carriages and Strollers, approved November 1, 2015. The Director of the 
Federal Register approves the incorporation by reference listed in this 
section 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, PO Box C700, West Conshohocken, PA 19428-2959 USA; phone: 
610-832-9585; 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.

    Dated: June 8, 2016.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2016-13663 Filed 6-8-16; 8:45 am]
 BILLING CODE 6355-01-P