[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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