[Federal Register Volume 87, Number 134 (Thursday, July 14, 2022)]
[Proposed Rules]
[Pages 42117-42118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15010]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR part 1223

[Docket No. CPSC-2013-0025]


Notice of Availability and Request for Comment: Revision to the 
Voluntary Standard for Infant and Cradle Swings

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of availability and request for comment.

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SUMMARY: The U.S. Consumer Product Safety Commission's (Commission or 
CPSC) mandatory rule, Safety Standard for Infant Swings, incorporates 
by reference ASTM F2088-21, Standard Consumer Safety Specification for 
Infant and Cradle Swings. The Commission has received notice of a 
revision to this incorporated voluntary standard. CPSC seeks comment on 
whether the revision improves the safety of the consumer product 
covered by the standard.

DATES: Comments must be received by July 28, 2022.

ADDRESSES: Submit comments, identified by Docket No. CPSC-2013-0025, 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 as described 
below. CPSC encourages you to submit electronic comments by using the 
Federal eRulemaking Portal.
    Mail/hand delivery/courier/confidential Written Submissions: Submit 
comments by mail, hand delivery, or courier to: Division of the 
Secretariat, Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, MD 20814; telephone: (301) 504-7479. If you wish to 
submit confidential business information, trade secret information, or 
other sensitive or protected information that you do not want to be 
available to the public, you may submit such comments by mail, hand 
delivery, or courier, or you may email them to: [email protected].
    Instructions: All submissions must include the agency name and 
docket number. 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 
through this website: 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/confidential 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-2013-0025, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Carlos Torres, Project Manager, 
Division of Mechanical and Combustion Engineering, U.S. Consumer 
Product Safety Commission, 5 Research Place, Rockville, MD 20850; 
telephone: (301) 987-2504; email: [email protected].

SUPPLEMENTARY INFORMATION: Section 104(b) of the Consumer Product 
Safety Improvement Act of 2008 (CPSIA) requires the Commission to adopt 
mandatory standards for durable infant or toddler products. 15 U.S.C. 
2056a(b)(1). Mandatory standards must be ``substantially the same as'' 
voluntary standards, or may be ``more stringent'' than voluntary 
standards, if the Commission determines that more stringent 
requirements would further reduce the risk of injury associated with 
the products. Id. Mandatory standards may be based, in whole or in 
part, on a voluntary standard.
    Pursuant to section 104(b)(4)(B) of the CPSIA, if a voluntary 
standards organization revises a standard that has been adopted, in 
whole or in part, as a consumer product safety standard under CPSIA 
section 104, it must notify the Commission. The revised voluntary 
standard then 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

[[Page 42118]]

notifies the Commission (or a later date specified by the Commission in 
the Federal Register) unless, within 90 days after receiving that 
notice, the Commission responds to the organization that it has 
determined that the proposed revision does not improve the safety of 
the consumer product covered by the standard, and therefore, the 
Commission is retaining its existing mandatory consumer product safety 
standard. 15 U.S.C. 2056a(b)(4)(B).
    Under this authority, in 2012 the Commission issued a mandatory 
safety rule for infant swings. The rulemaking created 16 CFR part 1223, 
which incorporated by reference ASTM F2088-12a, Standard Consumer 
Safety Specification for Infant Swings. 77 FR 66703 (Nov. 7, 2012). The 
mandatory standard included performance requirements and test methods, 
as well as requirements for warning labels and instructions, to address 
hazards to children. Since promulgation of the final rule, ASTM has 
revised the voluntary standard for infant swings six times, and the 
Commission has issued three direct final rules to update the mandatory 
standard for infant swings to incorporate by reference the latest 
version of ASTM F2088:
     On June 24, 2013, the Commission published a direct final 
rule to update part 1223 to reflect incorporation of ASTM F2088-13, 
with no modifications (78 FR 37706).
     On January 19, 2021, the Commission published a direct 
final rule to update part 1223 to reflect incorporation of ASTM F2088-
20, with no modifications (86 FR 4961).
     On October 28, 2021, the Commission published a direct 
final rule to update part 1223 to reflect incorporation of ASTM F2088-
21, with no modifications (86 FR 59609).
    In May 2022, ASTM published a revised version of the incorporated 
voluntary standard. On July 05 2022, ASTM notified the Commission that 
it had approved and published the revised version of the voluntary 
standard. CPSC staff is assessing the revised voluntary standard to 
determine, consistent with section 104(b)(4)(B) of the CPSIA, its 
effect on the safety of consumer products covered by the standard. The 
Commission invites public comment on that question to inform staff's 
assessment and any subsequent Commission consideration of the revisions 
in ASTM F2088-22.\1\
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    \1\ The Commission voted (4-0-1) to approve this document. Chair 
Hoehn-Saric, Commissioners Baiocco, Feldman, and Boyle voted to 
approve publication of the document as drafted. Commissioner Trumka 
did not vote.
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    The existing voluntary standard and the revised voluntary standard 
are available for review in several ways. ASTM has provided on its 
website (https://www.astm.org/CPSC.htm), at no cost, a read-only copy 
of ASTM F2088-22 and a red-lined version that identifies the changes 
made to ASTM F2088-21. Likewise, a read-only copy of the existing, 
incorporated standard is available for viewing, at no cost, on the ASTM 
website at: https://www.astm.org/READINGLIBRARY/. Interested parties 
can also download copies of the standards by purchasing them from ASTM 
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, 
PA 19428-2959; phone: 610-832-9585; https://www.astm.org. 
Alternatively, interested parties can schedule an appointment to 
inspect copies of the standards at CPSC's Division of the Secretariat, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814, telephone: 301-504-7479; email: [email protected].
    Comments must be received by July 28, 2022. Because of the short 
statutory time frame Congress established for the Commission to 
consider revised voluntary standards under section 104(b)(4) of the 
CPSIA, CPSC will not consider comments received after this date.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-15010 Filed 7-13-22; 8:45 am]
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