[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Rules and Regulations]
[Pages 59505-59511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26997]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / 
Rules and Regulations  

[[Page 59505]]



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: Final rule.

-----------------------------------------------------------------------

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 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 concludes that 
more stringent requirements would further reduce the risk of injury 
associated with the product. The Commission is issuing 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 amending its regulations regarding third party conformity 
assessment bodies to include the safety standard for children's folding 
chairs and stools in the list of Notices of Requirements (NORs) issued 
by the Commission. Finally, the Commission is amending its regulations 
establishing requirements for consumer registration of durable infant 
or toddler products to identify children's folding stools as a durable 
infant or toddler product.

DATES: This rule will become effective June 15, 2018. The incorporation 
by reference of the publication listed in this rule is approved by the 
Director of the Federal Register as of June 15, 2018.

FOR FURTHER INFORMATION CONTACT: Keysha Walker, Office of Compliance 
and Field Operations, U.S. Consumer Product Safety Commission; 4330 
East West Highway, Bethesda, MD 20814; email: [email protected]; 
telephone: (301) 504-6820.

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 or 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 concludes that more stringent requirements 
would further reduce the risk of injury associated with the product.
    On October 19, 2015, the Commission issued a notice of proposed 
rulemaking (NPR) for children's folding chairs and stools. 80 FR 63155. 
The NPR proposed to incorporate by reference the voluntary standard 
that was in effect at that time, ASTM F2613-14, Standard Consumer 
Safety Specification for Children's Chairs and Stools. ASTM F2613-14 
contained testing and performance requirements for any chair or stool 
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 NPR proposed to limit the scope of the mandatory 
standard to folding chairs and stools because the hazards presented by 
folding chairs and stools are different from non-folding chairs and 
stools. In addition, the NPR proposed to 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 to revise the marking and labeling sections. Since the 
NPR was issued, ASTM has revised ASTM F2613-14 several times, as 
discussed in section V of this preamble. The current version of the 
standard is ASTM F2613-17a.
    In this document, the Commission is issuing a mandatory safety 
standard that incorporates by reference the most recent voluntary 
standard, developed by ASTM International, ASTM F2613-17a, for 
children's folding chairs and stools. The mandatory standard does not 
include non-folding chairs and stools. The Commission is not making any 
other modifications to the ASTM standard. As required by section 
104(b)(1)(A), the Commission consulted with manufacturers, retailers, 
trade organizations, laboratories, consumer advocacy groups, 
consultants, and the public to develop the standard, largely through 
the ASTM process. In addition, as required by section 14 of the 
Consumer Product Safety Act (CPSA), the final rule amends the list of 
NORs issued by the Commission in 16 CFR part 1112 to include the 
standard for children's folding chairs and stools. The final rule also 
amends the product registration rule in 16 CFR part 1130 to identify 
children's folding stools, in addition to children's folding chairs, as 
a durable infant or toddler product for purposes of consumer product 
registration requirements.

II. Product Description

    The current voluntary standard, ASTM F2613-17a, describes a 
children's folding chair or stool as seating furniture with a seat 
height of 15 inches or less 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, can be folded for 
transport or storage, and may include a rocking base. The product is 
intended to be used by a single child who can get out of the chair 
unassisted.
    ASTM F26132-17a also includes a definition for ``chairs with side 
containment'' to describe ``a children's chair or folding chair with 
armrests or otherwise designed in a shape which provides barriers in 
the vertical direction above the seating surface to the occupant's left 
and right which can act like arms or other side structures.'' Other 
definitions remain unchanged from ASTMF2613-14. A ``children's chair'' 
is defined 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

[[Page 59506]]

in an upright or reclining position.'' A ``children's stool'' is 
defined as a ``children's chair without back, or armrest.'' A ``folding 
chair'' and ``folding stool'' is defined as ``a children's chair or 
stool which can be folded for transport or storage.'' In the NPR, the 
Commission proposed to limit the scope of the mandatory standard to 
folding chairs and stools because the hazards presented by folding 
chairs and folding stools are different from non-folding chairs and 
stools. In this document, the Commission incorporates by reference ASTM 
F2613-17a, but continues to limit the scope of the mandatory standard 
to folding chairs and stools.

III. Market Description

    CPSC staff's review of the market shows that there are currently 13 
domestic firms, rather than 14 domestic firms identified in the NPR, 
supplying children's folding chairs and/or folding stools to the U.S. 
market. Three firms are large and ten firms are considered small 
according to the Small Business Administration (SBA) criteria.\1\ The 
Juvenile Products Manufacturers Association (JPMA) maintains a 
certification program for children's folding chairs and folding stools, 
and there is one active participant at this time. Other than this 
certification program, compliance with the ASTM standard is self-
reported. Two additional children's folding chair suppliers claim 
compliance with the voluntary standard.
---------------------------------------------------------------------------

    \1\ The Small Business Administration categorizes manufacturers 
as ``small'' if they have fewer than 500 employees and importers or 
wholesalers as small if they have fewer than 100 employees.
---------------------------------------------------------------------------

IV. Incident Data

    The preamble to the NPR summarized the incident data covering the 
period from January 2003 through December 31, 2014. CPSC staff 
identified a total of 98 incidents, including 45 nonfatal injuries, 
related to children's folding chairs or stools that were reported to 
have occurred. Since the publication of the NPR, CPSC staff has 
received ten new reports of incidents. Two of the incidents occurred in 
July and December of 2014, but were not fully investigated or reported 
until 2015. Of the other eight incidents, two occurred in 2015, three 
in 2016, and three in 2017. All ten incidents involved folding chairs 
intended for children under age 5. They were reported under CPSC's 
Consumer Product Safety Risk Management System (CPSRMS). Seven 
indicated some form of injury, including amputation or fracture of a 
finger, bruising (petechiae) of an arm, and head injuries due to falls.
    Additionally, since December 31, 2014, CPSC staff's review of the 
National Electronic Injury Surveillance System (NEISS) included several 
reports of folding chair incidents, but there was insufficient 
information to determine which, if any, of the NEISS cases involved 
folding chairs intended for children under the age of 5. Most of the 
hazards identified in the new incidents are consistent with the hazard 
patterns identified among the incidents presented in the NPR briefing 
package, with pinch/shear hazards the most common hazard category.

V. Overview of ASTM F2613

    The voluntary standard, ASTM F2613, Standard Consumer Safety 
Specification for Children's Chairs and Stools, was first approved and 
published in 2007. 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. On October 19, 
2015, the Commission proposed to incorporate by reference ASTM F2613-
14, with modifications. 80 FR 63155. Since the publication of the NPR, 
the standard has been revised four additional times, as discussed 
below. The current voluntary standard for children's chairs and stools 
is ASTM F2613-17a.

A. ASTM F2613-16

    ASTM F2613-16 was published in May 2016. The changes adopted in 
ASTM F2613-16 included the following revisions:
     Added a definition for chairs with side containment (a 
children's chair or folding chair with armrests or otherwise designed 
in a shape which provides barriers in the vertical direction above the 
seating surface to the occupant's left and right, which can act like 
arms or side structures);
     Added a test requirement and test method for sideways 
stability for chairs with side containment;
     Added a diagram for measuring seat surface height;
     Added a diagram for side stability test.

B. ASTM F2613-16 [epsiv]1

    ASTM F2613-16 [epsiv]1 was published in June 2016. ASTM 
published an editorial revision, which corrected a printing error which 
had distorted the diagram in Figure 4, and a typographical error in 
paragraph 6.8.1.1, revising the test surface angle tolerance from +/-5 
degree to +/-0.5 degree.

C. ASTM F2613-17

    ASTM F2613-17 was published in August 2017 with the following 
revisions:
     Modifications to the marking and labeling section of ASTM 
F2613-16 [epsiv]1 to address the changes proposed in the 
NPR.
     Modifications to the stability test performed on chairs 
with non-rigid seats to clarify the placement of the test cylinder 
during the stability test.
     Modifications to the folding mechanisms and hinges section 
of F2613-16 [epsiv]1 to clarify that chairs that fold are 
required to either have a locking mechanism to prevent folding of the 
chair by the child, or have adequate hinge-line clearance to prevent 
pinching and lacerations during folding.
     Modification of the standard's scope to exempt children's 
potties.

D. ASTM F2613-17a

    The current version, ASTM F2613-17a, was published in October 2017. 
The revision makes minor editorial changes including the removal of 
side stability testing for stools because chairs and stools without 
side containment are exempt from side stability testing, and stools, by 
definition, do not have side containment. In addition, an incorrect 
reference to Fig.1 (Tension test Adaptor/Clamp) is removed.
    ASTM F2613-17a addresses the issues raised in the NPR by 
strengthening the provisions of the voluntary standard. The current 
standard clarifies in section 5.8 (Products that Fold) that chairs that 
fold are required to either have a latching or locking mechanism to 
prevent folding of the chair by the child, or have adequate hinge-line 
clearance to prevent pinching and lacerations during folding. These 
requirements are intended to eliminate possible crushing, laceration, 
or pinching hazards that might occur in folding latching or locking 
mechanisms and hinges. In addition, the current standard now includes, 
under section 6.8 (Stability Test Method), a sideways stability test, 
in addition to a rearward stability test. The standard also clarifies 
proper cylinder positioning for chairs and stools for stability 
testing. The addition of the sideways stability test, in addition to 
the rearwards stability test will help address incidents that involve 
children's chairs with side containment tipping sideways or rearwards.
    ASTM F2613-17a also incorporates the recommendations developed by 
the ASTM Ad Hoc Committee on

[[Page 59507]]

Standardized Wording for Juvenile Product Standards (ASTM Ad Hoc Task 
Group), and the proposed language in the NPR. The current standard 
specifies that each folding chair and folding stool that does not meet 
the hinge line clearance requirements must have a warning label that 
contains statements consistent with the proposed language in the NPR. 
Specifically, the warning label shall contain the words ``Amputation 
Hazard'' and address the following:
     Chair can fold or collapse if lock not fully engaged. 
Moving parts can amputate child's fingers.
     Keep fingers away from moving parts.
     Completely unfold chair and fully engage locks before 
allowing child to sit in a chair.
     Never allow child to fold or unfold chair.
    The Commission believes that ASTM F2613-17a provides clarifications 
to the standard and addresses the issues raised in the NPR for 
children's folding chairs and stools by adopting more stringent 
requirements than those in the ASTM version referenced in the NPR. 
Accordingly, the Commission incorporates ASTM F2613-17a, by reference, 
in the final rule for the CPSC's safety standard for children's folding 
chairs and stools.

VI. Response to Comments

    The Commission received nine comments in response to the NPR. A 
summary of each comment and a response is provided below.

A. Scope of the Rule

    Comment: One commenter stated that the scope of the mandatory 
standard should not be limited to just folding chairs and stools, and 
that the CPSC should include all non-folding chairs and stools in the 
standard.
    Response: As we stated in the NPR, CPSC staff conducted a 
preliminary review of the incident data involving all children's chairs 
and stools. Some hazards are common among both folding and non-folding 
products such as tip overs, falling out of the chair, loose parts, 
staples or, other protruding objects with the potential for lacerations 
requiring sutures. However, the staff's review showed that the hazard 
associated with the folding mechanism in folding chairs and stools 
could result in the most serious injury, including pinching/scissoring, 
finger amputations, degloving or compound fracture, which could be 
addressed in a mandatory standard. Due to the variety of non-folding 
children's chair products in the market, including certain infant 
chairs/seats, the Commission concludes that additional study and 
testing regarding any potential hazards associated with non-folding 
chairs/stools will need to be conducted before the CPSC could propose 
performance requirements in a standard. To that end, CPSC staff will 
continue to evaluate incident data regarding non-folding chairs and 
stools and will make a recommendation to the Commission, if further 
action is required.
    Comment: One commenter requested that the Commission clarify that 
the mandatory standard excludes toy seats.
    Response: ASTM F963-17, Standard Consumer Safety Specification for 
Toy Safety (which is a CPSC mandatory standard, 16 CFR part 1250) 
specifically covers toy seats that have play features. Section 3.1.93 
of ASTM F963-17 provides that a ``toy seat'' is a stationary toy 
product with a seat where the amusement of the child is a primary 
function of the product and the play pattern intends that the child be 
in a seated position. Section 3.1.93.1 further explains that play 
features may include, but are not limited to, sliding or rotating 
features, learning toys, manually actuated music, with which the seated 
child may interact. Children's furniture products without any 
interactive play features such as stools, chairs, patio sets, rocking 
chairs, picnic tables, storage units, are not considered toy seats. In 
addition, section 3.1.93.1 provides that juvenile products such as 
bouncers, infant seats, and stationary activity centers are not 
considered toy seats. Accordingly, toy seats are adequately addressed 
in ASTM F963-17, and the Commission does not believe that further 
clarification is necessary.

B. Stability Test Method

    Comment: One commenter noted that the original stability test 
requirement in ASTM F2613-14, for chairs with soft seating surfaces, 
specified that the test cylinder should be replaced with a weighted bag 
filled with steel shot. However, the commenter questioned why the 
provision for soft seating surfaces was deleted.
    Response: During the development of the proposed modification to 
address sideways stability incidents, CPSC staff determined that all 
chairs should be tested with the same test cylinder for consistency and 
the option for testing with a weighted bag was removed. After 
publication of the NPR, ASTM balloted and approved a modification which 
is consistent with proposed NPR. ASTM F2613-16 included a sideways 
stability test and removed the option to conduct stability testing with 
a weighted bag. This stability requirement has not been changed in the 
current version, ASTM F2613-17a. Accordingly, this issue has been 
adequately addressed.
    Comment: Two commenters stated that during development of 
requirements for sideways stability, a review of CPSC incident data 
indicated that side stability issues were limited to chairs with side 
containment, such as arms, and did not support a requirement for 
sideways stability testing for chairs without side containment.
    Response: Since the NPR was issued, ASTM balloted and approved a 
modification, first incorporated into ASTM F2613-16, and retained in 
the current version, ASTM F2613-17a, which excludes chairs without side 
containment from the sideways stability testing. Although CPSC's rule 
does not apply to non-folding chairs, the ASTM standard applies to both 
folding and non-folding chairs. Because incident data does not show 
problems with the sideways stability of chairs without arms, the 
Commission agrees that folding chairs and stools without side 
containment also should be excluded from the sideways stability testing 
requirement.
    Comment: One commenter stated that the proposed requirement for 
rearward stability is flawed because it specifies that the test 
cylinder be allowed to ``come to rest,'' but then requires further 
adjustment to its position to complete the testing.
    Response: Since the publication of the NPR, ASTM balloted and 
approved a modification, first incorporated into ASTM F2613-16, and 
retained in the current version, ASTM F2613-17a, which revised the test 
language to delete the words ``come to rest.'' The Commission agrees 
that the revised language, specified in ASTM F1613-17a removes 
inconsistent language regarding the rearward and side stability 
requirement. Accordingly, the Commission accepts the stability testing 
requirements as set forth in ASTM F2613-17a.

C. Warning Label

    Comment: A number of commenters requested that the Commission delay 
publishing final warning requirements for children's folding chairs and 
stools until the ASTM Ad Hoc Task Group's recommendations are 
developed, balloted, and then incorporated into ASTM F2613.
    Response: After publication of the NPR, the ASTM Ad Hoc Task Group 
made its recommendations for warning label formatting across juvenile 
products. Accordingly, formatting issues including fonts, markings, and 
colors in

[[Page 59508]]

signal word panels addressed by the Ad Hoc Task Group were incorporated 
in ASTM F2613-17, and retained in ASTM F2613-17a. Therefore, the final 
rule incorporates by reference ASTM F2613-17a without any modification 
to the ASTM provisions on warning label format.
    Comment: One commenter stated that the proposed requirement for the 
warning label on stools is not clear. The commenter stated that the 
proposed requirement to place the label in a ``visible location'' is 
not defined. The commenter also stated that the proposal requiring that 
the label not ``wrap around the legs'' is unclear. Another commenter 
expressed concern that the requirement to ``contain sufficient white 
space'' is unclear and can be potentially misconstrued by laboratories 
evaluating compliance of a product.
    Response: Since the publication of the NPR, the labeling 
requirement was revised in ASTM F2613-17 and retained in the current 
version, ASTM F2613-17a, to require that all warnings shall be 
conspicuous and permanent. In addition, for products with limited 
space, the language ``contain sufficient white space'' was eliminated 
and warnings may be placed in two separate locations. Accordingly, this 
issue has been adequately addressed.
    Comment: Several commenters recommended that CPSC add pictograms to 
the warnings to convey the hazard more effectively and avoid language 
barriers that minimize comprehension of these warnings.
    Response: Although pictograms can help to convey the hazard that is 
presented, especially for users with limited or no English literacy, 
CPSC staff believes that designing effective pictograms for warning 
labels can present many challenges. The labeling section revised in 
ASTM F2613-17, and retained in the current version, ASTM F2613-17a, 
requires that the warnings shall be easy to read and understand and be 
in the English language at a minimum. Thus, the standard does not 
preclude the addition of other languages to address those groups who do 
not read English. However, CPSC staff will continue to review incidents 
and consider whether additional warning symbols are needed to further 
reduce the risk of injury associated with these products.

D. Effective Date

    Comment: One commenter stated that small firms should have more 
time to comply with the rule.
    Response: The Commission intended that the proposed 6-month 
effective date would give all firms 6 months to produce, or find 
suppliers to produce, compliant products. 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. The commenter did not provide any 
justification to support a longer effective date. Moreover, the 
Commission did not receive comments from any affected suppliers 
(manufacturer or importer) that suggested the proposed effective date 
was too short. Therefore, the Commission requires a 6-month effective 
date in the final rule.

E. Cost Considerations

    Comment: One commenter stated that the Commission should have 
considered additional costs for importers, such as negotiation costs 
with foreign suppliers. The commenter also stated that the Commission 
should have considered the rule's potential effect on retail prices and 
the impact of higher prices on consumers.
    Response: CPSC staff conducted a regulatory flexibility analysis on 
the impact of the rule on small firms, including manufacturers, 
suppliers, and importers, as well as test laboratories, affected by the 
rulemaking. Staff's review showed that the rule will not have a 
significant economic impact on a substantial number of small entities. 
The Commission recognizes that an increase in costs for children's 
folding chair and stool suppliers could increase the retail price of 
these products; however, the Commission is required to promulgate 
consumer product safety standards on durable infant or toddler 
products, including on children's folding chairs and stools.

VII. Description of the Final Rule

A. Final Rule for Part 1232 and Incorporation by Reference

    Section 1232.2(a) of the final rule provides that folding chairs 
and stools must comply with the applicable sections of ASTM F2613-17a.
    The Office of the Federal Register (OFR) has regulations concerning 
incorporation by reference. 1 CFR part 51. These regulations require 
that, for a final rule, agencies must discuss in the preamble of the 
rule the way in which 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 
of the rule must summarize the material. 1 CFR 51.5(b).
    In accordance with the OFR's requirements, the discussion in this 
section summarizes the provisions of ASTM F2613-17a. Interested persons 
may purchase a copy of ASTM F2613-17a from ASTM, either through ASTM's 
website or by mail at the address provided in the rule. A copy of the 
standard may also be inspected at the CPSC's Office of the Secretary, 
U.S. Consumer Product Safety Commission. We note that the Commission 
and ASTM arranged for commenters to have ``read only'' access to ASTM 
F2613-14 during the NPR's comment period.
    ASTM F2613-17a contains requirements covering children's folding 
chairs and stools covering:
     Sharp points;
     Small parts;
     Lead in paint;
     Wood parts;
     Latching and locking mechanisms;
     Scissoring, shearing, and pinching
     Hinge line clearance;
     Circular holes in rigid materials;
     Labeling;
     Protective components;
     Strength requirements; and
     Stability

    The standard additionally contains test methods that must be used 
to assess conformity with these requirements.

B. Amendment to 16 CFR Part 1112 To Include NOR for Children's Folding 
Chairs and Stools Standard

    The final rule amends part 1112 to add a new section 1112.15(b)(43) 
that lists 16 CFR part 1232, Safety Consumer Safety Specification for 
Children's Folding Chairs and Stools, as a children's product safety 
rule for which the Commission has issued an NOR. Section XIII of the 
preamble provides additional background information regarding 
certification of children's folding chairs and stools and issuance of 
an NOR.

C. Amendment to 16 CFR Part 1130 To Include Children's Folding Chairs 
and Stools

    The statutory definition of ``durable infant or toddler product'' 
in section 104(f) of the CPSIA identified certain product categories as 
examples of products included under that definition. The Commission 
identified additional products as ``durable infant or toddler 
products'' when the Commission issued its rule requiring that 
manufacturers of durable infant or toddler products establish a program 
for consumer registration of those products. 16 CFR part 1130. Among 
the products the Commission added is ``children's folding chairs.'' Id. 
1130.2(a)(13). As explained in the NPR, based on ASTM's

[[Page 59509]]

definitions, the Commission considers folding stools to be a subset of 
folding chairs. The configuration of children's folding chairs and 
folding stools are similar. The same potential hazards are presented in 
the folding mechanisms. The Commission is amending the definition 
section in the registration rule to make clear that both children's 
folding chairs and children's folding stools are considered durable 
infant or toddler products. Thus, the final rule amends part 1130, 
Requirements for Consumer Registration of Durable Infant or Toddler 
Products, by revising section 1130.2(a)(13) to add ``stools'' to the 
definition of children's folding chairs.

VIII. 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 safety standard for folding chairs and 
stools and the corresponding changes to part 1112, regarding 
requirements for third party conformity assessment bodies, and part 
1130, regarding requirements for consumer registration of durable 
infant or toddler products, will become effective 6 months after 
publication of the final rule in the Federal Register.
    Without evidence to the contrary, CPSC generally considers 6 months 
to be sufficient time for suppliers to come into compliance with a new 
standard, and a 6-month effective date is typical for other CPSIA 
section 104 rules. Six months is also the period that JPMA typically 
allows for products in the JPMA certification program to transition to 
a new standard once that standard is published. The Commission proposed 
a 6-month effective date in the NPR for children's folding chairs and 
stools and we addressed the comment on the proposed effective date. 
Accordingly, the final rule for children's folding chairs and stools, 
as well as the amendments to parts 1112 and 1130, have a 6-month 
effective date.

IX. Regulatory Flexibility Act

A. Introduction

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, requires 
that agencies review a proposed rule and a final rule for the rule's 
potential economic impact on small entities, including small 
businesses. Section 604 of the RFA generally requires that agencies 
prepare a final regulatory flexibility analysis (FRFA) when 
promulgating final rules, unless the head of the agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities.

B. Impact on Small Businesses

    Based on the analysis summarized below, the Commission certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities.
    CPSC staff's review of the market shows that there are currently 13 
domestic firms, rather than the 14 domestic firms identified in the 
NPR, supplying children's folding chairs and/or folding stools to the 
U.S. market. Of these, ten firms are considered small. Four of the 
small firms are manufacturers, five are importers or wholesalers, and 
the supply source for one firm could not be identified. Most firms only 
supply one model of chair, but one firm supplies four models and 
another firm supplies five models. Of the four small manufacturers of 
children's folding chairs and folding stools, one claims that its 
products comply with the voluntary standard and participates in the 
ASTM process. The compliance of the other three firms could not be 
determined. Of the five small importers/wholesalers, only one claims 
that its products comply with the ASTM standard. Staff could not 
determine the compliance status for the other four firms. For the firms 
currently in compliance with the voluntary standard, there should be 
minimal burden associated with compliance.
    The children's folding chairs from the three small manufacturers 
whose products that do not meet the voluntary standard may require 
redesign to comply with the voluntary standard. One manufacturer 
estimates the cost to completely redesign a chair to be $10,000, 
including nine to twelve months of research and development time. It 
does not appear that the economic impact would be significant for any 
of the small manufacturers (i.e., the cost would be less that 1 percent 
of annual revenue). In addition, although staff could not rule out a 
significant economic impact on one small importer of noncompliant 
folding chairs, staff does not expect the rule to have a significant 
economic impact on the three other non-compliant importers.
    Under section 14 of the CPSA, once new children's folding chairs 
and folding stools requirements become effective, all manufacturers 
will be subject to the third party testing and certification 
requirements. Third party testing will include any physical and 
mechanical test requirements specified in the final children's folding 
chairs and folding stools rule. One firm estimated that chemical and 
structural testing of one unit of a children's folding chair costs 
around $1,000 annually. 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 (e.g., lead 
testing, to which they are already subject). If these percentages are 
applied to folding stools and chairs, the 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), and are consistent with 
testing cost estimates for products with standards of similar 
complexity. Based on an examination of each small firm's revenues, 
staff did not find that testing, in addition to costs of redesign, 
would be economically significant for the majority of the small firms. 
For these reasons, the Commission certifies that the rule will not have 
a significant economic impact on a substantial number of small 
entities.

X. Environmental Considerations

    The Commission's regulations address whether the agency is 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 final rule falls 
within the categorical exemption.

XI. Paperwork Reduction Act

    This 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 (44 U.S.C. 3501-
3521). The preamble to the proposed rule discussed the information 
collection burden of the proposed rule. Section 7 of ASTM F2613-17a 
contains requirements for marking and labeling, that are disclosure 
requirements, thus falling within the definition of ``collections of 
information'' as defined in 44 U.S.C. 3502(3). OMB has assigned control 
number 3041-0172 to this information collection. The Commission did not 
receive any comments regarding the information collection burden of 
this proposal.
    Since the publication of the NPR, staff has determined that there 
are 13 known firms, rather than 14 firms supplying children's folding 
chairs 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

[[Page 59510]]

firms supplies an average of 1.5 different models of children's folding 
chairs; therefore, the estimated burden hours associated with labels is 
1 hour x 13 firms x 1.5 models per firm = 19.5 annual hours.

XII. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when 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.

XIII. Amendment to 16 CFR Part 1112 To Include Notice of Requirements 
(NOR) for Children's Folding Chairs and Stools Standard

    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, must be certified as complying with all applicable 
CPSC-enforced requirements. 15 U.S.C. 2063(a). Section 14(a)(2) of the 
CPSA requires that certification of children's products subject to a 
children's product safety rule be based on testing conducted by a CPSC-
accepted, third party conformity assessment body. Section 14(a)(3) of 
the CPSA requires the Commission to publish a NOR for the accreditation 
of third party conformity assessment bodies (or laboratories) to assess 
conformity with a children's product safety rule to which a children's 
product is subject. The Standard Consumer Safety Specification for 
Children's Folding Chairs and Stools, to be codified at 16 CFR 1232, is 
a children's product safety rule that requires the issuance of an NOR.
    The Commission published a final rule, Requirements Pertaining to 
Third-Party Conformity Assessment Bodies, 78 FR 15836 (March 12, 2013), 
which is codified at 16 CFR part 1112 (referred to here as part 1112). 
This rule became effective on June 10, 2013. Part 1112 establishes 
requirements for accreditation of third-party conformity assessment 
bodies (or laboratories) 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 a list of all of the NORs that the CPSC had 
published at the time part 1112 was issued. All NORs issued after the 
Commission published part 1112, such as the standard for children's 
folding chairs and stools, require the Commission to amend part 1112. 
Accordingly, the Commission is now amending part 1112 to include the 
standard for children's folding chairs and stools in the list of other 
children's product safety rules for which the CPSC has issued NORs.
    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 16 CFR part 
1112, Requirements Pertaining to Third-Party Conformity Assessment 
Bodies. 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 its scope of 
accreditation of CPSC safety rules listed for the laboratory on the 
CPSC website at: www.cpsc.gov/labsearch.
    As required by the RFA, staff conducted a 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 test 
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. 
Moreover, a test laboratory would only choose to provide such services 
if it anticipated receiving revenues sufficient to cover the costs of 
the requirements.
    Based on similar reasoning, amending 16 CFR part 1112 to include 
the NOR for the folding chairs and stools 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 chairs and stools 
standard. Most of these test laboratories will have already been 
accredited to test for conformity to other mandatory juvenile product 
standards, and the only costs to them would be the cost of adding the 
chidren's folding chairs and stools standard to their scope of 
accreditation. For these reasons, the Commission certifies that the NOR 
amending 16 CFR part 1112 to include the children's folding chairs and 
stools standard will not have a significant economic impact on a 
substantial number of small entities.

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 amends 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.
* * * * *

[[Page 59511]]

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

0
3. The authority citation for part 1130 continues to read as follows:

    Authority:  15 U.S.C. 2056a, 2065(b).

0
4. Amend Sec.  1130.2 by revising paragraph (a)(13) to read as follows:


Sec.  1130.2  Definitions.

* * * * *
    (a) * * *
    (13) Children's folding chairs and stools;
* * * * *

0
5. 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, Pub. L. 110-314, 122 Stat. 3016 (August 14, 
2008); Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).


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) Each children's folding chair and stool shall comply with all 
applicable provisions of ASTM F2613-17a, Standard Consumer Safety 
Specification for Children's Chairs and Stools, approved on October 1, 
2017. 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/cfr/ibr-locations.html.
    (b) [Reserved]

Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2017-26997 Filed 12-14-17; 8:45 am]
 BILLING CODE 6355-01-P