[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Rules and Regulations]
[Pages 17296-17302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06419]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1231

[Docket No. CPSC-2015-0031]


Safety Standard for High Chairs

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In June 2018, the U.S. Consumer Product Safety Commission 
(CPSC) published a consumer product safety standard for high chairs 
under section 104 of the Consumer Product Safety Improvement Act of 
2008 (CPSIA). The standard incorporated by reference the ASTM voluntary 
standard that was in effect for high chairs at the time. The CPSIA sets 
forth a process for updating mandatory standards for durable infant or 
toddler products that are based on a voluntary standard, when a 
voluntary standards organization revises the standard. In December 
2020, ASTM published a revised voluntary standard for high chairs, and 
it notified the Commission of this revised standard in January 2021. 
This direct final rule updates the mandatory standard for high chairs 
to incorporate by reference ASTM's 2020 version of the voluntary 
standard for high chairs.

DATES: The rule is effective on July 3, 2021, unless CPSC receives a 
significant adverse comment by May 3, 2021. If CPSC receives such a 
comment, it 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 July 3, 2021.

ADDRESSES: You can submit comments, identified by Docket No. CPSC-2015-
0031, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. CPSC typically does not accept 
comments submitted by electronic mail (email), except through https://www.regulations.gov. CPSC encourages you to submit electronic comments 
by using the Federal eRulemaking Portal, as described above.
    Mail/hand delivery/courier Written Submissions: Submit comments by 
mail/hand delivery/courier to: Division of the Secretariat, Consumer 
Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, 
MD 20814; telephone: (301) 504-7479. Alternatively, as a temporary 
option during the COVID-19 pandemic, you can email such submissions to: 
[email protected].
    Instructions: All submissions must include the agency name and 
docket number for this document. CPSC may post all comments without 
change, including any personal identifiers, contact information, or 
other personal information provided, to: https://www.regulations.gov. 
Do not submit electronically: Confidential business information, trade 
secret information, or other sensitive or protected information that 
you do not want to be available to the public. If you wish to submit 
such information, please submit it according to the instructions for 
mail/hand delivery/courier written submissions.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov, and insert the 
docket number, CPSC-2015-0031, into the ``Search'' box, and follow the 
prompts.

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: 

I. Background

A. Statutory Authority

    Section 104(b)(1) of the CPSIA requires the Commission to assess 
the effectiveness of voluntary standards for durable infant or toddler 
products and adopt mandatory standards for these products. 15 U.S.C. 
2056a(b)(1). The mandatory standard must be ``substantially the same 
as'' the voluntary standard, or it may be ``more

[[Page 17297]]

stringent than'' the voluntary standard, if the Commission determines 
that more stringent requirements would further reduce the risk of 
injury associated with the product. Id.
    Section 104(b)(4)(B) of the CPSIA specifies the process for when a 
voluntary standards organization revises a standard that the Commission 
incorporated by reference under section 104(b)(1). First, the voluntary 
standards organization must notify the Commission of the revision. Once 
the Commission receives this notification, the Commission may reject or 
accept the revised standard. The Commission may reject the revised 
standard by notifying the voluntary standards organization that it has 
determined that the revised standard does not improve the safety of the 
consumer product and that it is retaining the existing standard. When 
rejecting a revision, the Commission must notify the voluntary 
standards organization of this determination within 90 days of 
receiving notice of the revision. If the Commission does not take this 
action to reject the revised standard, the revised voluntary standard 
will be considered a consumer product safety standard issued under 
section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), 
effective 180 days after the Commission received notification of the 
revision (or a later date specified by the Commission in the Federal 
Register). 15 U.S.C. 2056a(b)(4)(B).

B. Safety Standard for High Chairs

    In June 2018, under section 104(b)(1) of the CPSIA, the Commission 
adopted a mandatory rule for high chairs, codified in 16 CFR part 1231. 
The rule incorporated by reference ASTM F404-18, Standard Consumer 
Safety Specification for High Chairs, without modification. 83 FR 28358 
(June 19, 2018). At the time the Commission published the final rule, 
ASTM F404-18 was the current version of the voluntary standard.
    On April 3, 2019, ASTM notified CPSC that it had issued a revised 
standard for high chairs, ASTM F404-18a, which added a new subsection 
6.5.1 to exempt high chairs intended for infants who are unable to sit 
upright unassisted (birth to approximately 6 months of age) or weigh 20 
lbs or less (reclined seat high chairs) from sections 6.5.2. Forward 
and Sideways Stability, 6.5.3. Rearward Stability, and 6.5.4 Stability 
with Child Climbing into Chair. In accordance with the procedures set 
out in section 104(b)(4)(B) of the CPSIA, staff reviewed the revised 
standard to determine whether ASTM F404-18a improved the safety of high 
chairs. Staff concluded that the addition of subsection 6.5.1 was a 
substantive change to ASTM F404-18 that did not improve the safety of 
high chairs.
    In the June 5, 2019 staff briefing memorandum, staff explained that 
the stability requirements in ASTM F404-18 address stability as the 
child occupant moves within and about the chair, and from external 
forces on the chair, such as sibling or caregiver interactions. ASTM 
developed these stability requirements because high chairs are intended 
for use by mobile children, up to 3 years of age. ASTM's rationale for 
exempting reclined seat high chairs from stability requirements was 
that the test methods in ASTM F404-18 could not be conducted on these 
products, as required in the standard. Staff's briefing memorandum 
stated that ASTM's assertion that stability testing could not be done 
on reclined seat high chairs was inaccurate, because staff was able to 
test such products under the standard's existing stability 
requirements.
    Staff's briefing memorandum also expressed concern that exempting 
high chairs and high chair accessories intended for children who are 
unable to sit upright unassisted (birth to approximately 6 months of 
age) from stability requirements was not consistent with other product 
standards that are intended for the same age group, such as bouncers 
and bassinets, which also are intended for young infants, but are 
tested to stability requirements to prevent tipovers. Tipover 
requirements in the bouncers and bassinets standards (16 CFR parts 1229 
and 1218, respectively) are intended to address tipovers caused by the 
infant user moving within the product (bouncers), as well as external 
forces (bassinets), such as sibling or caregiver interactions with the 
product. Moreover, staff's review of high chair incident data showed 
that tipover incidents resulting from occupant movement within the high 
chair, or from external forces, such as a sibling or caregiver acting 
on the high chair, do occur with children 6 months and younger.
    Based on staff's recommendation, the Commission voted not to adopt 
the revised voluntary standard and maintained the mandatory standard 
based on ASTM F404-18.\1\ Staff notified ASTM of the Commission's 
decision to retain ASTM F404-18 on June 19, 2019.
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    \1\ https://www.cpsc.gov/s3fs-public/Update%20to%20Voluntary%20Standard%20for%20High%20Chairs.pdf?5nvjyCgQrNh.pQhwmCtd85aQJjc2mohX.
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    On January 4, 2021, ASTM notified CPSC that it had again revised 
the voluntary standard for high chairs, approving ASTM F404-20 on 
October 1, 2020.\2\ As this preamble discusses, based on CPSC staff's 
review of ASTM F404-20,\3\ the Commission will allow the revised 
voluntary standard to become the mandatory standard because the revised 
requirements in the voluntary standard either improve the safety of 
high chairs, or are safety neutral. Accordingly, by operation of law 
under section 104(b)(4)(B) of the CPSIA, ASTM F404-20 will become the 
mandatory consumer product safety standard for high chairs on July 3, 
2021.\4\ 15 U.S.C. 2056a(b)(4)(B). This direct final rule updates 16 
CFR part 1231 to incorporate by reference the revised voluntary 
standard, ASTM F404-20.
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    \2\ ASTM published ASTM F404-20 in December 2020. Until the 
standard becomes effective on July 3, 2021, a read-only copy of 
ASTM's standard is available at: https://www.astm.org/CPSC.htm. 
After the effective date of the revised part 1231, ASTM F404-20 
becomes the mandatory standard for high chairs, and it will be 
available, to read only, at: https://www.astm.org/READINGLIBRARY/.
    \3\ CPSC staff's briefing memorandum regarding ASTM F404-20 is 
available at: https://www.cpsc.gov/s3fs-public/ASTMs-Revised-Safety-Standard-for-High-Chairs.pdf?_dFed3_8cTsV0J0TTVXk4oCRCWUGxsPx.
    \4\ The statute provides that if the Commission does not take 
action to reject a revised standard, the revised voluntary standard 
will be considered a consumer product safety standard issued under 
section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), 
effective 180 days after the Commission received notification of the 
revision (or a later date specified by the Commission in the Federal 
Register). 15 U.S.C. 2056a(b)(4)(B). In this case, 180 days from the 
January 4, 2021 notice date is July 3, 2021.
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II. Description of ASTM F404-20

    The ASTM standard for high chairs includes performance 
requirements, test methods, and requirements for warning labels and 
instructional literature, to address hazards to infants and children 
associated with high chairs. ASTM has revised the voluntary standard 
for high chairs twice since ASTM F404-18, which is the current 
mandatory standard. Section I.B of this preamble explains that the 
Commission previously rejected a revised high chair voluntary standard, 
ASTM F404-18a, in 2019, because the standard exempted reclined seat 
high chair products from stability testing. The latest revision, ASTM 
F404-20, now includes stability testing for these products, developed 
in conjunction with CPSC staff. Accordingly, the Commission will allow 
ASTM F404-20 to become the mandatory standard, and is updating 16 CFR 
part 1231 to reference this most recent updated voluntary standard.
    This section describes the changes in ASTM F404-20 compared to ASTM

[[Page 17298]]

F404-18. On October 1, 2020, ASTM approved a revised version of the 
standard, ASTM F404-20. In accordance with CPSIA section 104(b)(4)(B), 
ASTM notified CPSC of this revision on January 4, 2021. ASTM F404-20 
includes several substantive changes, several revisions to clarify 
existing requirements, and editorial revisions that do not alter 
substantive requirements in the standard or affect safety.

A. Substantive Revisions

    ASTM F404-20 contains substantive revisions from the current 
mandatory standard to distinguish performance requirements and test 
methods for two types of high chairs: (1) ``[h]igh chairs and high 
chair accessories that have adjustment positions that, per the 
manufacturer's instructions, are recommended for use only for children 
able to sit upright unassisted (approximately 6 months of age) or 
weighing more than 20 lb (9.1 kg)'' (hereinafter referred to as upright 
seat high chairs) and (2) ``[h]igh chairs and high chair accessories 
that have adjustment positions that are manufacturer's recommended use 
positions for use with children who are unable to sit upright 
unassisted (birth to approximately 6 months of age) or weigh 20 lb (9.1 
kg) or less, when adjusted into the most onerous manufacturer's 
recommended use and/or adjustment position for each direction to be 
tested'' (hereinafter referred to as reclined seat high chairs). 
Primarily, ASTM F404-20 provides new performance requirements and 
associated test methods to test the stability of reclined seat high 
chairs.
1. Performance Requirements
    CPSC staff worked closely with ASTM to help develop new stability 
testing requirements for reclined seat high chair products. In November 
2018, CPSC staff tested six reclined seat high chair products to 
proposed stability requirements from a manufacturer who expressed 
concerns about the ability to test reclined seat high chairs. In March 
2019, CPSC staff hosted an ASTM reclined seat high chair task group 
meeting at CPSC's laboratory in Rockville, Maryland, where staff 
demonstrated testing on reclined seat high chair products. The task 
group decided to explore the idea of using the stability test from the 
bassinet and cradle standard to develop stability requirements for 
reclined seat high chair products because this test addresses the tip 
over hazard that was most concerning to both ASTM and CPSC staff: The 
interaction of a sibling or caregiver pulling on the reclined seat 
product. The task group presented the idea of developing a test for 
reclined seat high chairs that is similar to the bassinet stability 
testing at the ASTM subcommittee teleconference on April 4, 2019. This 
idea ultimately was the basis of the new stability requirements for 
reclined seat products in ASTM F404-20.
    Substantively, ASTM F404-20 improves the safety of high chairs 
because it adds a new stability requirement and test method for 
reclined seat high chairs. Table 1 below summarizes the differences 
between ASTM-F404-18 and ASTM F404-20 with regard to stability testing 
in section 6.5 of ASTM F404 (changes are highlighted in bold).

                  Table 1--Stability Performance Requirements: Comparison of F404-18 to F404-20
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            Section                        F404-18                                  F404-20
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6.5...........................  Stability....................  Stability
6.5.1.........................  Forward and Sideways           High chairs and high chair accessories that have
                                 Stability--A high chair        adjustment positions that, per the
                                 shall not tip over when        manufacturer's instructions, are recommended for
                                 setup as defined in 7.7.2.1-   use only for children able to sit upright
                                 7.7.2.3, and then when         unassisted (approximately 6 months of age) or
                                 forces are applied in          weighing more than 20 lb (9.1 kg) shall comply
                                 accordance with 7.7.2.4 and    with 6.5.1.1 to 6.5.1.3. in all those
                                 7.7.2.5.                       manufacturer's recommended use and adjustment
                                                                positions.
6.5.1.1.......................  .............................  Forward and Sideways Stability--A high chair
                                                                shall not tip over when setup as defined in
                                                                7.7.2.1-7.7.2.3, and then when forces are
                                                                applied in accordance with 7.7.2.4 and 7.7.2.5.
6.5.1.2.......................  .............................  Rearward Stability--When setup as defined in
                                                                7.7.2.1- 7.7.2.3, and then tested in accordance
                                                                with 7.7.2.6, the high chair shall have a
                                                                Rearward Stability Index of 50 or more.
6.5.1.3.......................  .............................  Stability with Child Climbing into Chair--A high
                                                                chair shall not tip over when tested in
                                                                accordance with 7.7.4.
6.5.2.........................  Rearward Stability--When       High chairs and high chair accessories that have
                                 setup as defined in 7.7.2.1-   adjustment positions that are manufacturer's
                                 7.7.2.3, and then tested in    recommended use positions for use with children
                                 accordance with 7.7.2.6, the   who are unable to sit upright unassisted (birth
                                 high chair shall have a        to approximately 6 months of age) or weigh 20 lb
                                 Rearward Stability Index of    (9.1 kg) or less, when adjusted into the most
                                 50 or more.                    onerous manufacturer's recommended use and/or
                                                                adjustment position for each direction to be
                                                                tested, shall not tip over and shall retain the
                                                                CAMI dummy when tested in accordance with 7.7.3,
                                                                in the forward, rearward, and sideways
                                                                directions.
6.5.3.........................  Stability with Child Climbing
                                 into Chair--A high chair
                                 shall not tip over when
                                 tested in accordance with
                                 7.7.3.
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2. Stability Test Methods
    ASTM F404-18 requires testing a high chair for stability in the 
forward, rearward, and sideways directions, requiring that the chair 
not tip over as the child occupant, up to 3 years of age, moves within 
the chair. Because this test was intended for upright seat high chairs 
designed for children up to 3 years old, the test places a total of 40-
lb weights (two 20-lb weights), to simulate the weight of a 95th 
percentile 36-month-old, on the seat of the high chair to simulate a 
child in the seat, which acts as a counter-balance when horizontal 
forces are applied in the forward, rearward and sideways directions. 
The forces applied are designed to simulate the forces that the child 
occupant would exert on the high chair by moving within the seat of the 
product.
    For reclined seat high chairs, the ASTM subcommittee concluded that 
this stability testing developed for upright seat high chairs was 
inadequate, because the child's counter-balance load is different, 
based on the intended weight range for reclined seat products.

[[Page 17299]]

Stability testing for upright seat high chairs uses a 40-lb counter-
balance weight, because the weight range is for children weighing more 
than 20 lbs. This 40-lb counter-balance weight would not effectively 
test the stability of reclined seat high chair products that are 
intended for lower-weight infants from birth (~7 lb) to 20 lbs, because 
a 40-lb counter-balance weight would make the reclined seat high chair 
product more stable than a 20-lb counter-balance weight. A 20 lb 
counter-balance weight is a more stringent weight to test stability for 
high chairs intended for lower weight children. Moreover, the seat 
recline affects both the seat back and the seat bottom, causing the 
center of mass to be distributed differently than with an upright seat 
high chair. Weight distribution in reclined seat high chairs is more 
towards the seat back, whereas weight distribution in upright seat high 
chairs is more towards the seat bottom. Finally, due to the inclined 
seat design, test engineers had difficulty placing the 40 lb test 
weight in the seat to conduct stability testing.
    Because of these design differences, ASTM developed a new testing 
methodology for reclined seat high chairs, in collaboration with CPSC 
staff. After evaluating several test methods, the task group decided 
that the stability testing from the bassinet standard was most 
appropriate to test reclined seat high chairs. Instead of using a 
weight to simulate a child as a counter-balance in the seat, the new 
stability test uses a CAMI Newborn Dummy (7.5 lb). The anthropomorphic 
CAMI Newborn Dummy better fits the reclined seat, and the weight is 
better distributed within the high chair than with the barbell type 
weights used to test upright seat high chairs. Also, the test engineer 
can more easily locate the points on the reclined seat high chair to 
place the loads around the chair. Using the CAMI Newborn Dummy instead 
of weights resulted in more repeatable and consistent test results.
    Given that reclined seat high chairs are designed for infants in a 
lower age/weight range (birth to 20 lbs), who have limited moving 
capabilities, these infants are unlikely to create instability issues 
by themselves. Instead, instability for reclined seat high chair 
products would likely come from external sources (e.g., caregivers 
bumping into the chair and/or siblings pulling on the chair). 
Accordingly, for reclined seat products, the new stability test method 
in section 7.7.3 of ASTM F404-20 adopts stability requirements and 
testing from the bassinet standard, ASTM F2194-16e1, which was designed 
to test siblings interacting with the product. Section 7.4 of ASTM 
F404-20 uses the CAMI Newborn Dummy as the counter-balance weight in 
the reclined seat high chair to simulate external forces that may tip 
the product over, such as a sibling pulling down on the edge of the 
product. This test employs a dual application of horizontal and 
vertical forces to simulate application of an angled load; the 
combination of the weights and forces in the testing simulate the mean 
strength of a 2-year-old pulling on the product.
    Following is a description of each new stability test method for 
reclined seat high chair products:
     7.7.3.4 Forward Stability, requires that a 23-lb weight be 
hung onto the forward-most edge of the high chair seat or tray. The 
high chair must not tip over while this load is maintained, and then a 
horizontal force of 5 lb is applied outward from the center of the 
seat, at the same location as the 23-lb weight.
     7.7.3.5 Rearward Stability, requires that a 23-lb weight 
be hung onto the rearmost edge of the seat. The high chair must not tip 
over while this load is maintained, and then a horizontal force of 5 lb 
is applied outward from the center of the seat, at the same location as 
the 23-lb weight.
     7.7.3.6 Sideways Stability, requires that a 23-lb weight 
be hung onto the outermost point of the frame on the side being tested. 
The high chair must not tip over while this load is maintained and then 
a horizontal force of 5 lb is applied from the center of the seat, at 
the location as the 23-lb weight.
    The Commission concludes that new stability performance and test 
methods for reclined seat high chairs improve the safety of high 
chairs, because these tests are designed to address tipover hazards 
associated with infant users moving within the product and external 
forces like a sibling or caregiver interacting with the product. 
Additionally, use of the 7.5-lb CAMI Newborn Dummy provides a more 
stringent test for the tipover hazard. The test is more stringent 
because a lighter weight provides less of a counter-balance in 
assessing external forces acting on the reclined seat high chair 
products than the heavier 40-lb weight used to test upright seat high 
chairs intended for children up to 3 years old.
3. Static Load Test Methods
a. High Chair Seat
    ASTM F404-18, the current mandatory standard, requires a static 
load test for high chair seats. The test requires the high chair seat 
to support static loads without causing any hazardous conditions, such 
as collapsing or breaking.
    ASTM F404-20 splits into two parts section 7.6.1 Seat Static Load 
Test to separate the test method intended for upright seat high chairs 
in section 7.6.1.1, from a new test method intended for reclined seat 
high chairs in section 7.6.1.2. Separating test requirements by product 
type allows for static load testing requirements based on the weight of 
the child the seat was intended to hold. Accordingly, section 7.6.1.2 
of ASTM F404-20, for reclined seat high chairs, uses half the test 
weight compared to section 7.6.1.1, for upright seat high chairs, to 
test for collapse (50 lbs applied over 60 seconds, compared to 100 lbs 
applied over 60 seconds in section 7.6.1.1).
    The rationale for the 100-lb load for the upright seat high chair 
static load test is that it represents 2.5 times that of the maximum 
occupant's weight of 40 lbs. The test weight for reclined seat high 
chairs in section 7.6.1.2 follows this same rationale, using a 50-lb 
load weight, which is 2.5 times the maximum occupant's weight of 20 
lbs. Lowering the static load test weight for products intended for 
lower-weight occupants provides the same level of safety for both 
upright and reclined seat high chairs, because the respective weights 
represent the maximum intended occupant weights for each product type. 
Accordingly, because both types of high chairs in section 7.6.1 use the 
same weight ratio to test the static load, this change is neutral to 
the safety of high chairs.
b. Step/Footrest
    The current mandatory standard, ASTM F404-18, requires that a step 
or footrest shall support static loads without causing any hazardous 
conditions, such as collapsing and breaking. This step/footrest static 
load test is designed to test that the step/foot rest of the high chair 
will not collapse under the weight of the child climbing into the high 
chair. Section 7.6.2 Step/Footrest Static Load Test of ASTM F404-20 has 
a new section, 7.6.2.1, which exempts high chairs intended for children 
weighing less than 20 lbs from the step/footrest static load testing 
requirement, because infants who weigh less than 20 lbs would not be 
mobile enough to climb into the high chair using the step/footrest. 
Staff states that they are unaware of any incidents involving step/
footrest collapse with children who weigh less than 20 lbs, meaning 
children 6 months old or younger. Based on this analysis, the

[[Page 17300]]

Commission concludes that this change is neutral to the safety of high 
chairs.
c. High Chair Tray
    Currently, in ASTM F404-18, the intent of the tray static load test 
is to ensure that a high chair tray does not collapse under the weight 
of the child occupant if placed there temporarily while the caregiver 
is putting the child into the high chair. ASTM F404-20, section 7.6.3 
Tray Static Load Test, separates the tray static load test into two 
parts: Section 7.6.3.1 describes testing high chairs intended for 
children weighing more than 20 lbs (9 kg), and section 7.6.3.2 
describes testing high chairs intended for children weighing 20 lbs or 
less. Because high chairs intended for infants who weigh 20 lbs or less 
would have less of a static load to cause collapse of the high chair 
tray, section 7.6.3.2 uses half the test weight of the tray static load 
test for high chairs intended for children who weight more than 20 lbs 
(25 lbs applied over 60 seconds, compared to 50 lbs applied over 60 
seconds in section 7.6.3.1).
    As with the high chair seat static load testing, ASTM F404-20 
requires that both types of high chairs be tested to the same level of 
safety, because load testing is adjusted based on the maximum weight of 
the child occupant. Accordingly, this change is neutral to the safety 
of high chairs because differentiating the tray static load test based 
on the weight of the intended child occupant does not reduce the level 
of safety for high chair products.
4. Dynamic High Chair Test Methods
    ASTM F404-18 requires that all high chairs meet a dynamic high 
chair test, which is intended to address the collapse of a high chair 
when an older child (up to 3 years old) bounces up and down in the 
chair. Section 7.10.1 of ASTM F404-20 adds an exemption from this test 
for high chairs intended for use with children weighing 20 lbs or less. 
ASTM's rationale for the exemption is that lower weight users of the 
product will not be mobile enough to bounce significantly in the high 
chair, or bear enough weight to cause the high chair to collapse. Staff 
is unaware of incidents of high chair collapse due to lower weight 
children, 6 months old and younger, bouncing in the product. 
Accordingly, this change is neutral to the safety of high chairs, 
because exemption of high chairs intended for children weighing 20 lbs 
or less from dynamic testing is unlikely to reduce the level of safety 
for these products, given that these high chairs are intended for use 
by infants with limited mobility.

B. Non-Substantive Changes

    ASTM F404-20 also includes minor additions and revisions that are 
editorial and do not alter any substantive requirements in the 
standard. Because they do not change any substantive requirements, 
these revisions are neutral regarding the safety of high chairs.
1. Referenced Documents
    Section 2 of ASTM F404-20 lists other standards referenced in F404. 
Section 2.3 of ASTM F404-20, ANSI standards, was revised to include a 
reference to ANSI Z535.1 Safety Colors. This revision was made to be 
consistent with other ASTM standards that reference the ANSI standard 
for safety colors for use in distinguishing warning labels. 
Additionally, section 2.4 of ASTM F404-20, Other references, adds a 
reference to new test equipment, the CAMI Infant Dummy Mark II and the 
CAMI Newborn Dummy, which are used in the new stability testing for 
reclined seat high chair products. Staff considers these changes to be 
neutral to the safety of high chairs, because they are editorial in 
nature and do not substantively alter requirements in the standard.
2. Terminology
    Section 3.1.7.2 of ASTM F404-20, Discussion, includes a new note 
stating that a product that has an elevated seat and is designed or 
promoted for eating and feeding, or shown near a dining table would be 
considered within the scope of the high chair standard. Staff considers 
this change to be neutral to the safety of high chairs, because it 
provides further discussion on the definition of ``high chairs,'' but 
does not alter the definition, nor change the scope of the standard.
    Other changes in Terminology include changing the term ``free 
standing'' to ``free-standing,'' and in section 3.1.21, revising the 
definition of ``static load,'' as follows:
    3.1.21 static load, n--vertically downward force load applied by a 
calibrated force gauge or by dead weights. weights or other means.
    These changes in terminology are neutral to the safety of high 
chairs because they are editorial in nature and do not substantively 
alter the definitions.
3. Calibrations and Standardizations, General Requirements, and 
Performance Requirements
    ASTM made a few editorial changes to the sections of ASTM F404-20 
on calibrations and standardizations, general requirements, and 
performance requirements, to clarify provisions and to be consistent 
with other ASTM standards. For example, ASTM made editorial changes 
such as revising ``0.210 in (5 mm)'' to ``0.210-in (5-mm).'' These 
revisions are neutral to the safety of high chairs, because they do not 
substantively alter the requirements in these sections.

III. Incorporation by Reference

    Section 1231.2 of the direct final rule incorporates by reference 
ASTM F404-20. The Office of the Federal Register (OFR) has regulations 
regarding incorporation by reference. 1 CFR part 51. Under these 
regulations, agencies must discuss, in the preamble to a final rule, 
ways in which the material the agency incorporates by reference is 
reasonably available to interested parties, and how interested parties 
can obtain the material. In addition, the preamble to the final rule 
must summarize the material. 1 CFR 51.5(b).
    In accordance with the OFR regulations, section II. Description of 
ASTM F404-20 of this preamble summarizes the major provisions of ASTM 
F404-20 that the Commission incorporates by reference into 16 CFR part 
1231. The standard is reasonably available to interested parties and 
interested parties can purchase a copy of ASTM F404-20 from ASTM 
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, 
PA 19428-2959 USA; phone; 610-832-9585; www.astm.org. Additionally, 
until the direct final rule takes effect, a read-only copy of ASTM 
F404-20 is available for viewing on ASTM's website at: https://www.astm.org/CPSC.htm. Once the rule takes effect, a read-only copy of 
the standard will be available for viewing on the ASTM website at: 
https://www.astm.org/READINGLIBRARY/. Interested parties can also 
schedule an appointment to inspect a copy of the standard at CPSC's 
Division of the Secretariat, U.S. Consumer Product Safety Commission, 
Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone: 301-
504-7479; email: [email protected].

IV. Certification

    Section 14(a) of the Consumer Product Safety Act (CPSA; 15 U.S.C. 
2051-2089) requires manufacturers of 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, 
to certify that the products comply 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

[[Page 17301]]

tests of a sufficient number of samples by a third party conformity 
assessment body accredited by CPSC to test according to the applicable 
requirements. As noted, standards issued under section 104(b)(1)(B) of 
the CPSIA are ``consumer product safety standards.'' Thus, they are 
subject to the testing and certification requirements of section 14 of 
the CPSA.
    Because high chairs are children's products, a CPSC-accepted third 
party conformity assessment body must test samples of the products for 
compliance with part 1231. Products subject to part 1231 also must 
comply with all other applicable CPSC requirements, such as the lead 
content requirements in section 101 of the CPSIA,\5\ the phthalates 
prohibitions in section 108 of the CPSIA \6\ and 16 CFR part 1307, the 
tracking label requirements in section 14(a)(5) of the CPSA,\7\ and the 
consumer registration form requirements in section 104(d) of the 
CPSIA.\8\
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 1278a.
    \6\ 15 U.S.C. 2057c.
    \7\ 15 U.S.C. 2063(a)(5).
    \8\ 15 U.S.C. 2056a(d).
---------------------------------------------------------------------------

V. Notice of Requirements

    In accordance with section 14(a)(3)(B)(iv) of the CPSIA, the 
Commission previously published a notice of requirements (NOR) for 
accreditation of third party conformity assessment bodies (third party 
labs) for testing high chairs, and codified the requirement at 16 CFR 
Sec.  1112.15(b)(44). 83 FR at 28368-70. The NOR provided the criteria 
and process for CPSC to accept accreditation of third party labs for 
testing high chairs to 16 CFR part 1231. Id. The Commission codified 
NORs for all mandatory standards for durable infant or toddler products 
in ``Requirements Pertaining to Third Party Conformity Assessment 
Bodies,'' 16 CFR part 1112.
    ASTM F404-20 includes new stability requirements for testing 
reclined seat high chairs. We note that the current mandatory standard 
based on ASTM F404-18 already requires stability testing for high 
chairs intended for children up to 3 years old, such that the 
Commission considers third party labs that are currently CPSC-accepted 
for 16 CFR part 1231 have demonstrated competence for the new stability 
testing for reclined seat high chairs in ASTM F404-20.
    Additional testing requirements for reclined seat high chair 
products in ASTM F404-20, however, introduce test equipment previously 
not required in testing to ASTM F404-18, specifically, a 23-lb weight, 
and a CAMI Newborn Dummy. Similar stability testing, with similar 
weights and the CAMI Newborn Dummy, are also required in testing to the 
mandatory standard for bassinets and cradles, 16 CFR part 1218, based 
on ASTM F2194-16e1. Additionally, the CAMI Newborn Dummy is required 
test equipment for the mandatory standard for hand-held infant 
carriers, 16 CFR part 1225, based on ASTM F2050-16. Currently, 19 third 
party labs are CPSC-accepted to test to the Safety Standard for High 
Chairs, and 17 of these 19 third party labs are also CPSC-accepted to 
test to part 1218 and/or part 1225. Accordingly, only two of the 19 
third party labs will likely have to source new test materials to test 
to ASTM F404-20.
    Based on experience purchasing test equipment, these two third 
party labs, one in Singapore and one in Taiwan, should be able to 
purchase the necessary weights, as these weights can be as simple as 
gym/barbell weights or even weight bags. Additionally, staff advises 
that the CAMI Newborn Dummy is available from at least three sources 
globally. Because the effective date of the revised high chair standard 
is July 3, 2021, these two third party labs have sufficient time to 
acquire the necessary test equipment.
    Third party labs will begin testing to the new standard when ASTM 
F404-20 goes into effect on July 3, 2021, and the existing 
accreditations that the Commission has accepted for testing to this 
standard will cover testing to the revised standard. Accordingly, the 
existing NOR for the Safety Standard for High Chairs will remain in 
place, and CPSC-accepted third party labs are expected to update the 
scope of the third party lab's accreditations to reflect the revised 
high chair standard in the normal course of renewing their 
accreditations.

VI. Direct Final Rule Process

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA; 5 U.S.C. 551-559) 
generally requires agencies to provide notice of a rule and an 
opportunity for interested parties to comment on it, section 553 of the 
APA provides an exception when the agency, ``for good cause finds'' 
that notice and comment are ``impracticable, unnecessary, or contrary 
to the public interest.'' Id. 553(b)(B). The Commission concludes that 
when it updates a reference to an ASTM standard that the Commission 
incorporated by reference under section 104(b) of the CPSIA, notice and 
comment are not necessary.
    Under the process set out in section 104(b)(4)(B) of the CPSIA, 
when ASTM revises a standard that the Commission has previously 
incorporated by reference 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 F404-20 to become CPSC's new standard. The 
purpose of this direct final rule is to update the reference in the 
Code of Federal Regulations (CFR) so that it reflects the version of 
the standard that takes effect by statute. This rule updates the 
reference in the CFR, but under the terms of the CPSIA, ASTM F404-20 
takes effect as the new CPSC standard for high chairs, even if the 
Commission does not issue this rule. Thus, public comments would not 
alter substantive changes to the standard or the effect of the revised 
standard as a consumer product safety rule under section 104(b) of the 
CPSIA. Under these circumstances, notice and comment are unnecessary.
    In Recommendation 95-4, the Administrative Conference of the United 
States (ACUS) endorses direct final rulemaking as an appropriate 
procedure to expedite rules that are noncontroversial and that are not 
expected to generate significant adverse comments. See 60 FR 43108 
(Aug. 18, 1995). ACUS recommends 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 CPSC does not expect any significant adverse 
comments.
    Unless CPSC receives a significant adverse comment within 30 days 
of this notification, the rule will become effective on July 3, 2021. 
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.'' 
60 FR 43108, 43111. As noted, this rule merely updates a reference in 
the CFR to reflect a change that occurs by statute.
    If the Commission receives a significant adverse comment, the 
Commission will withdraw this direct final rule. Depending on the 
comment and other circumstances, the Commission may then incorporate 
the adverse comment into a subsequent

[[Page 17302]]

direct final rule or publish a notice of proposed rulemaking, providing 
an opportunity for public comment.

VII. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612) generally 
requires agencies to 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, 
604. The RFA applies to any rule that is subject to notice and comment 
procedures under section 553 of the APA. Id. As discussed in section 
VI. Direct Final Rule Process of this preamble, the Commission has 
determined that notice and the opportunity to comment are unnecessary 
for this rule. Therefore, the RFA does not apply. The Commission also 
notes the limited nature of this document, which merely updates the 
incorporation by reference to reflect the mandatory CPSC standard that 
takes effect under section 104 of the CPSIA.

VIII. Paperwork Reduction Act

    The current mandatory standard for high chairs includes 
requirements for marking, labeling, and instructional literature that 
constitute a ``collection of information,'' as defined in the Paperwork 
Reduction Act (PRA; 44 U.S.C. 3501-3521). The revised mandatory 
standard for high chairs does not alter these requirements. The 
Commission took the steps required by the PRA for information 
collections when it adopted 16 CFR part 1231, including obtaining 
approval and a control number. Because the information collection is 
unchanged, the revision does not affect the information collection 
requirements or approval related to the standard.

IX. Environmental Considerations

    The Commission's regulations provide a categorical exclusion for 
the Commission's rules from any requirement to prepare an environmental 
assessment or an environmental impact statement where they ``have 
little or no potential for affecting the human environment.'' 16 CFR 
1021.5(c)(2). This rule falls within the categorical exclusion, so no 
environmental assessment or environmental impact statement is required.

X. Preemption

    Section 26(a) of the CPSA 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. 15 U.S.C. 
2075(a). Section 26(c) of the CPSA also provides that states or 
political subdivisions of states may apply to CPSC for an exemption 
from this preemption under certain circumstances. Section 104(b) of the 
CPSIA deems rules issued under that provision ``consumer product safety 
standards.'' Therefore, once a rule issued under section 104 of the 
CPSIA takes effect, it will preempt in accordance with section 26(a) of 
the CPSA.

XI. Effective Date

    Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, 
when a voluntary standards organization revises a standard that the 
Commission adopted as a mandatory standard, 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. 15 U.S.C. 2056a(b)(4)(B). The Commission is taking neither of 
those actions with respect to the revised standard for high chairs. 
Therefore, ASTM F404-20 automatically will take effect as the new 
mandatory standard for high chairs on July 3, 2021, 180 days after the 
Commission received notice of the revision on January 4, 2021. As a 
direct final rule, unless the Commission receives a significant adverse 
comment within 30 days of this document, the rule will become effective 
on July 3, 2021.

XII. Congressional Review Act

    The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that 
before a rule may take effect, the agency issuing the rule must submit 
the rule, and certain related information, to each House of Congress 
and the Comptroller General. 5 U.S.C. 801(a)(1). The CRA submission 
must indicate whether the rule is a ``major rule.'' The CRA states that 
the Office of Information and Regulatory Affairs (OIRA) determines 
whether a rule qualifies as a ``major rule.''
    Pursuant to the CRA, this rule does not qualify as a ``major 
rule,'' as defined in 5 U.S.C. 804(2). To comply with the CRA, CPSC 
will submit the required information to each House of Congress and the 
Comptroller General.

List of Subjects in 16 CFR Part 1231

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

    For the reasons discussed in the preamble, the Commission amends 16 
CFR chapter II as follows:

PART 1231--SAFETY STANDARD FOR HIGH CHAIRS

0
1. Revise the authority citation for part 1231 to read as follows:

    Authority:  Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (15 U.S.C. 
2056a); Sec 3, Pub. L. 112-28, 125 Stat. 273.


0
2. Revise Sec.  1231.2 to read as follows:


Sec.  1231.2   Requirements for High Chairs.

    Each high chair shall comply with all applicable provisions of ASTM 
F404-20, Standard Consumer Safety Specification for High Chairs, 
approved on October 1, 2020. 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 Barr Harbor Drive, P.O. Box C700, West Conshohocken, 
PA 19428-2959; phone: (610) 832-9585; www.astm.org. A read-only copy of 
the standard is available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/. You may inspect a copy at the Division of 
the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 
4330 East West Highway, Bethesda, MD 20814, telephone (301) 504-7479, 
email: [email protected], or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2021-06419 Filed 4-1-21; 8:45 am]
BILLING CODE 6355-01-P