[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48216-48219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20673]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2015-0016]

16 CFR Part 1233


Revisions to Safety Standard for Portable Hook-On Chairs

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In March 2016, the U.S. Consumer Product Safety Commission 
(CPSC) published a consumer product safety standard for portable hook-
on chairs based on the ASTM voluntary standard for portable hook-on 
chairs. ASTM has since published a revised voluntary standard for 
portable hook-on chairs. We are publishing this direct final rule, 
revising the CPSC's mandatory standard for portable hook-on chairs to 
incorporate by reference the more recent version of the applicable ASTM 
standard.

DATES: The rule is effective on January 15, 2019, unless we receive 
significant adverse comment by October 24, 2018. 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 publication 
listed in this rule is approved by the Director of the Federal Register 
as of January 15, 2019.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2015-
0016, 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 as follows:
    Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Division of the 
Secretariat, 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 notice. 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: Keysha Walker, Compliance Officer, 
U.S. Consumer Product Safety Commission, 4330 East-West Highway, 
Bethesda, MD 20814; telephone: 301-504-6820; email: [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background

1. The Danny Keysar Child Product Safety Notification Act

    Section 104(b)(1)(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.
    The CPSIA also sets forth a process for updating CPSC's durable 
infant or toddler standards when the voluntary standard upon which the 
CPSC standard was based is changed. Section 104(b)(4)(B) of the CPSIA 
provides that if an organization revises a standard that has been 
adopted, in whole or in part, as a consumer product safety standard 
under this subsection, it shall notify the Commission. In addition, the 
revised

[[Page 48217]]

voluntary standard shall be considered to be a consumer product safety 
standard issued by the Commission under section 9 of the Consumer 
Product Safety Act (15 U.S.C. 2058), effective 180 days after the date 
on which the organization notifies the Commission (or such later date 
specified by the Commission in the Federal Register) unless, within 90 
days after receiving that notice, the Commission notifies the 
organization that it has determined that the proposed revision does not 
improve the safety of the consumer product covered by the standard and 
that the Commission is retaining the existing consumer product safety 
standard.

2. The CPSC's Portable Hook-On Chairs Standard

    Pursuant to section 104(b)(1) and section 104(c) of the CPSIA, on 
March 28, 2016, the Commission published a mandatory consumer product 
safety standard that incorporated by reference ASTM F1235-15, Standard 
Consumer Safety Specification for Portable Hook-On Chairs. (81 FR 
17062, Mar. 28, 2016).

3. Notification of Recent Revision

    On July 19, 2018, ASTM officially notified the CPSC that it has 
published ASTM F1235-18, Standard Consumer Safety Performance 
Specification for Hook-On Chairs, a revised 2018 version approved on 
May 1, 2018. ASTM F1235-18 is the first revision to ASTM F1235 since 
publication of ASTM F1235-15. The ASTM F1235-18 standard contains 
performance requirements as described below:
     Requirements for wood parts;
     Requirements for latching and locking mechanisms;
     Requirements to prevent scissoring, shearing, and pinching 
(including during detachment from table support surface);
     Requirements for covering exposed coil springs;
     Size requirements for openings;
     Warning labeling requirements;
     Requirements for protective components; and
     Marking, labeling, and instructional literature 
requirements.
    As discussed below, the Commission has reviewed the differences 
between the CPSC standard, 16 CFR part 1233, and ASTM F1235-18.

B. Revision to the ASTM Standard

    ASTM F1235-18 contains one safety-related revision underlined 
below:
    6.7.1.1 The passive crotch restraint shall be installed on the 
product at the time of shipment in a manner such that it cannot be 
removed without the use of a tool.
    The ASTM subcommittee made this change to address products with 
fabric passive crotch restraints that are not permanently attached. The 
ASTM standard defines a ``passive crotch restraint'' as a ``component 
that separates the openings for the legs of the occupant into two 
separate bounded openings and requires no action on the part of the 
caregiver to use.'' The ASTM subcommittee was concerned that a passive 
crotch restraint that could be removed without tools could easily 
disengage. Therefore, the subcommittee considered the use of a tool in 
order to remove a passive crotch restraint to be an appropriate 
requirement for such a restraint in order to prevent accidental 
disengagement. We conclude that this change reduces the likelihood that 
the passive crotch restraint will be removed, thereby improving the 
safety of portable hook-on chairs.
    ASTM also added language, which it intends to add to all of its 
voluntary standards, stating that ASTM developed the standard in 
accordance with principles recognized by the World Trade Organization. 
Adding this text does not affect the safety of portable hook-on chairs. 
ASTM F1235-18 also includes several non-substantive changes that do not 
affect safety, such as grammatical changes, \1\ spacing, and 
formatting. We determined that each change made in ASTM F1235-18 is 
either neutral or will improve the safety of the product, and 
collectively, these changes improve safety.
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    \1\ e.g., ``manufacturers'' to ``manufacturer's.''
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C. Incorporation by Reference

    The Office of the Federal Register (OFR) has regulations concerning 
incorporation by reference. 1 CFR part 51. Under these regulations, 
agencies must discuss, in the preamble to the final rule, ways that the 
materials the agency incorporates by reference are reasonably available 
to interested 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 A3 of this 
preamble summarizes the major provisions of the ASTM F1235-18 standard 
that the Commission incorporates by reference into 16 CFR part 1233. 
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 Division of the 
Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 
East West Highway, Bethesda, MD 20814, telephone 301-504-7923.

D. Certification

    Section 14(a) of the CPSA requires that products subject to a 
consumer product safety rule under the CPSA, or to a similar rule, ban, 
standard, or regulation under any other act enforced by the Commission, 
be certified as complying with all applicable CPSC requirements. 15 
U.S.C. 2063(a). Such certification must be based on a test of each 
product, or on a reasonable testing program, or, for children's 
products, on tests on a sufficient number of samples by a third party 
conformity assessment body accepted 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 portable hook-on chairs are children's products, samples of 
these products must be tested by a third party conformity assessment 
body whose accreditation has been accepted by the Commission. These 
products also must comply with all other applicable CPSC requirements, 
such as the lead content requirements in section 101 of the CPSIA, the 
phthalates prohibitions in section 108 of the CPSIA and 16 CFR part 
1307, 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.

E. Notice of Requirements

    In accordance with section 14(a)(3)(B)(iv) of the CPSA, the 
Commission has previously published a notice of requirements (NOR) for 
accreditation of third party conformity assessment bodies for portable 
hook-on chairs (81 FR 17062 (Mar. 28, 2016)). The NOR provided the 
criteria and process for our acceptance of accreditation of third party 
conformity assessment bodies for testing portable hook-on chairs to 16 
CFR part 1233 (which incorporated ASTM F1235-15). The NOR is listed in 
the Commission's rule, ``Requirements Pertaining to Third Party 
Conformity Assessment Bodies.'' 16 CFR part 1112.
    As discussed in section B of this document, the revision to 
6.7.1.1,

[[Page 48218]]

concerning the passive crotch restraint, clarifies the existing 
standard and does not require a new test. The requirement that the 
passive crotch restraint be attached in a manner requiring tools to 
remove it can be assessed by visual inspection. Accordingly, there is 
no change in the way that third party conformity assessment bodies test 
these products for compliance with the portable hook-on chairs 
standard. Laboratories would begin testing to the new standard when 
ASTM F1235-18 goes into effect, and the existing accreditations that 
the Commission has accepted for testing to this standard previously 
would also cover testing to the revised standard. Therefore, the 
existing NOR for this standard 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.

F. Direct Final Rule Process

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA) generally requires 
notice and comment rulemaking, section 553 of the APA provides an 
exception when the agency, for good cause, finds that notice and public 
procedure are ``impracticable, unnecessary, or contrary to the public 
interest.'' 5 U.S.C. 553(b)(B). The Commission concludes that when the 
Commission updates a reference to an ASTM standard that the Commission 
has incorporated by reference under section 104(b) of the CPSIA, notice 
and comment is not necessary.
    Under the process set out in section 104(b)(4)(B) of the CPSIA, 
when ASTM revises a standard that the Commission has previously 
incorporated by reference as a Commission standard for a durable infant 
or toddler product under section 104(b)(1)(b) of the CPSIA, that 
revision will become the new CPSC standard, unless the Commission 
determines that ASTM's revision does not improve the safety of the 
product. Thus, unless the Commission makes such a determination, the 
ASTM revision becomes CPSC's standard by operation of law. The 
Commission is allowing ASTM F1235-18 to become CPSC's new standard. The 
purpose of this direct final rule is merely to update the reference in 
the Code of Federal Regulations so that it accurately reflects the 
version of the standard that takes effect by statute. Public comment 
will not impact the substantive changes to the standard or the effect 
of the revised standard as a consumer product safety standard under 
section 104(b) of the CPSIA. Under these circumstances, notice and 
comment is not necessary. 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). ACUS recommended 
that agencies use the direct final rule process when they act under the 
``unnecessary'' prong of the good cause exemption in 5 U.S.C. 
553(b)(B). Consistent with the ACUS recommendation, the Commission is 
publishing this rule as a direct final rule because we do not expect 
any significant adverse comments.
    Unless we receive a significant adverse comment within 30 days, the 
rule will become effective on January 15, 2019. In accordance with 
ACUS's recommendation, the Commission considers a significant adverse 
comment to be one where the commenter explains why the rule would be 
inappropriate, including an assertion challenging the rule's underlying 
premise or approach, or a claim that the rule would be ineffective or 
unacceptable without change.
    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.

G. Effective Date

    Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, 
when a voluntary standard organization revises a standard upon which a 
consumer product safety standard 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. For the reasons explained below, the Commission is not 
setting a different effective date.
    The Juvenile Products Manufacturers Association (JPMA) typically 
allows 6 months for products in their certification program to shift to 
a new voluntary standard once that new voluntary standard is published. 
Therefore, juvenile product manufacturers are accustomed to adjusting 
to new voluntary standards within this time frame. ASTM F1235-18 has 
been approved since May 1, 2018, so by January 15, 2019, manufacturers 
should already be producing products that meet this standard. Finally, 
there is only one significant change to the voluntary standard, which 
the ASTM subcommittee considers a clarification, as further support 
that manufacturers should already be producing products that meet this 
standard. Thus, in accordance with this provision, this rule takes 
effect 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 January 15, 2019.

H. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires that 
agencies review proposed and final rules for their potential economic 
impact on small entities, including small businesses, and prepare 
regulatory flexibility analyses. 5 U.S.C. 603 and 604. The RFA applies 
to any rule that is subject to notice and comment procedures under 
section 553 of the APA. Id. As explained above, the Commission has 
determined that notice and comment is not necessary for this direct 
final rule. Thus, the RFA does not apply. We also note the limited 
nature of this document, which updates the incorporation by reference 
to reflect the mandatory CPSC standard that takes effect under section 
104 of the CPSIA.

I. Paperwork Reduction Act

    The portable hook-on chairs standard contains information 
collection requirements under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520). The revision made no changes to that section of the 
standard. Thus, the revision will not have any effect on the 
information collection requirements related to the standard.

J. 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

[[Page 48219]]

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.

K. 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.

List of Subjects in 16 CFR Part 1233

    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 1233--SAFETY STANDARD FOR PORTABLE HOOK-ON CHAIRS

0
1. The authority citation for part 1233 continues to read as follows:

    Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (August 14, 
2008); Sec. 3, Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).


0
2. Revise Sec.  1233.2 to read as follows:


Sec.  1233.2  Requirements for portable hook-on chairs.

    Each portable hook-on chair must comply with all applicable 
provisions of ASTM F1235-18, Standard Consumer Safety Specification for 
Portable Hook-On Chairs, approved May 1, 2018. 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 
Division of the Secretariat, U.S. Consumer Product Safety Commission, 
Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301-
504-7923, or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2018-20673 Filed 9-21-18; 8:45 am]
 BILLING CODE 6355-01-P