[Federal Register Volume 87, Number 160 (Friday, August 19, 2022)]
[Rules and Regulations]
[Pages 50929-50934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-17707]


=======================================================================
-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1228

[Docket No. CPSC-2014-0018]


Safety Standard for Sling Carriers

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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

SUMMARY: In January 2017, the U.S. Consumer Product Safety Commission 
(CPSC) published a consumer product safety standard for sling carriers 
under section 104 of the Consumer Product Safety Improvement Act of 
2008 (CPSIA). The standard incorporated by reference the 2015 ASTM 
voluntary standard for sling carriers that was in effect at the time 
and supplemented it with an additional requirement for warning label 
attachment. The CPSIA sets forth a process for updating mandatory 
standards for durable infant or toddler products that are based on a 
voluntary standard when the voluntary standards organization revises 
the standard. Consistent with the CPSIA's update process, the 
Commission issued a direct final rule in April 2020, that revised the 
incorporation by reference for the mandatory standard for sling 
carriers to reflect ASTM's revised 2019 voluntary standard, while 
retaining the additional requirement for warning label attachment. In 
November 2021, ASTM approved a revision to the voluntary standard for 
sling carriers, ASTM F2907-21. However, ASTM delayed notification to 
the CPSC until a revised version of the standard was published in April 
2022, ASTM F2907-22. On June 3, 2022, through publication in the 
Federal Register, the Commission provided notice of the availability of 
the revised standard and sought comments on the effect of the revisions 
on the safety of the standard for sling carriers. No comments were 
received. Consistent with the CPSIA's update process, this direct final 
rule again updates the mandatory standard for sling carriers to 
incorporate by reference ASTM's 2022 version of the voluntary standard, 
while retaining the additional requirement for warning label 
attachment.

DATES: The rule is effective on November 19, 2022, unless CPSC receives 
a significant adverse comment by September 19, 2022. If CPSC receives 
such a comment, it will publish a notice 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 November 19, 
2022.

ADDRESSES: You can submit comments, identified by Docket No. CPSC-2014-
0018, 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. 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. CPSC typically does not accept comments 
submitted by electronic mail (email), except as described below.
    Mail/Hand Delivery/Courier Written Submissions: CPSC encourages you 
to submit electronic comments by using the Federal eRulemaking Portal. 
You may, however, submit comments by mail, hand delivery, or courier 
to: Office of the Secretary, Consumer Product Safety Commission, 4330 
East West Highway, Bethesda, MD 20814; telephone (301) 504-7479.
    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. 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 must submit such comments by mail, hand 
delivery, or courier, or by email to: [email protected].
    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-2014-0018, 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:

[[Page 50930]]

A. Background

1. 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 to adopt mandatory standards for these products. 15 U.S.C. 
2056a(b)(1). A mandatory standard must be ``substantially the same as'' 
the corresponding voluntary standard, or it may be ``more 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 a process for updating 
the Commission's rules when a voluntary standards organization revises 
a standard that the Commission previously 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, within 90 days of 
receiving notice of the revision, 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. 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 on a later date specified by the 
Commission in the Federal Register. 15 U.S.C. 2056a(b)(4)(B).

2. Safety Standard for Sling Carriers

    Under section 104(b)(1) of the CPSIA, the Commission adopted a 
mandatory rule for sling carriers, codified in 16 CFR part 1228. The 
rule incorporated by reference ASTM F2907-15, Standard Consumer Safety 
Specification for Sling Carriers, with an additional requirement for 
warning label attachment. 82 FR 8671 (Jan. 30, 2017). The Commission's 
warning label addition required ``Warning labels that are attached to 
the fabric with seams shall remain in contact with the fabric around 
the entire perimeter of the label, when the sling is in all 
manufacturer recommended use positions.'' At the time the Commission 
published the final rule, ASTM F2907-15 was the current version of the 
voluntary standard.
    On January 8, 2020, ASTM notified the Commission that it had 
updated the sling carrier standard with revised requirements for test 
methods, labeling, and instructional literature in ASTM F2907-19. The 
Commission concluded those revisions improved the safety of sling 
carriers. As such, in accordance with the procedures set out in section 
104(b)(4)(B) of the CPSIA, the revised standard became the new 
mandatory standard for sling carriers. The Commission accordingly 
published a direct final rule to update 16 CFR part 1228, incorporating 
by reference ASTM F2907-19, while retaining the additional requirement 
for warning label attachment. 85 FR 21766 (April 20, 2020).
    In November 2021, ASTM approved another revision to the voluntary 
standard for sling carriers, ASTM F2907-21. However, ASTM delayed 
notification to the CPSC until a revised version of the standard was 
published in April 2022, ASTM F2907-22. On May 23, 2022, ASTM notified 
the Commission of the revised voluntary standard for sling carriers, as 
approved on April 1, 2022. This revised version includes revisions made 
to the voluntary standard in 2021 (ASTM F2907-21) and 2022 (ASTM F2907-
22). However, the revisions do not include the additional requirement 
for warning label attachment, as required under 16 CFR part 1228.
    As discussed in section B. Revisions to ASTM F2907, based on CPSC 
staff's review of ASTM F2907-22,\1\ the Commission will allow the 
revised voluntary standard to become the mandatory standard, while 
retaining the warning label attachment requirement.\2\ Accordingly, by 
operation of law under section 104(b)(4)(B) of the CPSIA, ASTM F2907-22 
will become the mandatory consumer product safety standard for sling 
carriers on November 19, 2022. 15 U.S.C. 2056a(b)(4)(B). This direct 
final rule updates 16 CFR part 1228 to incorporate by reference the 
revised voluntary standard, ASTM F2907-22, with the additional 
requirement for warning label attachment.
---------------------------------------------------------------------------

    \1\ CPSC staff's briefing package regarding ASTM F2670-22 is 
available at: Newsroom--FOIA  CPSC.gov.
    \2\ The Commission voted 4-1 to approve this notice. Chair 
Hoehn-Saric, Commissioners Baiocco, Boyle, and Feldman voted to 
approve the notice as drafted. Commissioner Trumka voted not to 
approve the publication of the notice in the Federal Register based 
on his determination that the proposed revision does not improve the 
safety of sling carriers.
    .
---------------------------------------------------------------------------

B. Revisions to ASTM F2907

    The ASTM standard for sling carriers includes performance 
requirements, test methods, and requirements for marking, labeling, and 
instructional literature, to address hazards to children associated 
with sling carriers. ASTM F2907-22 contains substantive revisions as 
well as editorial, non-substantive revisions that were made to the 
voluntary standard in 2021 (ASTM F2907-21) which were subsequently 
adopted in the updated 2022 version of the standard with one change to 
Figure 6 (ASTM F2907-22). This section describes the changes in ASTM 
F2907-22 (including the changes initially made in ASTM-F2907-21), as 
compared to ASTM F2907-19, which is the current mandatory standard 
under 16 CFR part 1228 and includes an assessment of those changes.

1. ASTM F2907-21

Non-Substantive Revisions
    ASTM F2907-21 included several non-substantive changes, such as 
renumbering of sections, spacing, and formatting. ASTM also made minor 
language revisions and made various edits to bring the standard into 
alignment with current Ad Hoc Wording Task Group (Ad Hoc TG) 
recommendations.\3\ These changes do not materially affect the safety 
of sling carriers. One section, 5.9 Scissoring, Shearing, and Pinching, 
has been edited to provide for reference to the manufacturer's 
recommended ``use position(s)'' instead of ``carrying position,'' and 
it also changes the language in the description of a scissoring, 
shearing, or pinching hazard from ``shall not be permissible'' to 
``exists.'' These changes explain when a scissoring shearing or 
pinching hazard exists. Section 5.9 still retains existing language 
from 16 CFR part 1228, to require products to ``be designed and 
constructed so as to prevent injury to the occupant from any 
scissoring, shearing, or pinching when members or components rotate 
about a common axis or fastening point, slide, pivot, fold, or 
otherwise move relative to one

[[Page 50931]]

another.'' Thus, the edits are neutral, non-substantive edits with 
respect to safety because they do not change or otherwise diminish any 
existing performance requirements for scissoring, shearing, and 
pinching.
---------------------------------------------------------------------------

    \3\ ASTM convened a task group, ASTM Ad Hoc Wording Task Group 
(Ad Hoc TG), consisting of members of the various durable nursery 
products voluntary standards committees, including CPSC staff. The 
purpose of the Ad Hoc TG is to harmonize the wording, as well as the 
warning format, across durable infant and toddler product voluntary 
standards. This latest revision to the Ad Hoc Language 
recommendations can be found in the Committee Documents'' section of 
the Committee F15 on Consumer Products ASTM website, here: https://www.astm.org. This link is accessible to Committee F15 members only.
---------------------------------------------------------------------------

    Other non-substantive changes were made to sections 8.2 and 8.3. 
ASTM 2907-21 adds section 8.2, which states that the marking and 
labeling on the product shall be permanent. This section is consistent 
with section 8.1, which states that each product and its retail package 
shall be permanently marked. Accordingly, this change is neutral with 
respect to safety.
    In section 8.3, ASTM 2907-21 makes grammatical edits to the current 
standard changing ``any upholstery label'' to ``any upholstery 
labeling'' and ``outlined in 8.1'' to ``of this section.'' Because 
these changes do not change the meaning of this section, the edits are 
neutral with respect to safety.
Substantive Revisions
    ASTM F2907-21 included several substantive changes.
a. Introduction
    The current standard provides in the Introduction section that the 
voluntary standard is intended to address incidents associated with 
``occupant retention.'' The Introduction section in ASTM F2907-21 has 
been revised to specifically state that the voluntary standard 
addresses ``fall and suffocation hazards.'' In addition, the 
Introduction replaces language in the current standard that states that 
the standard ``does not apply to products that are blatantly misused, 
nor does it apply to products used by consumers in a careless manner 
that violate normal practice or disregard the instructions or warnings 
provided with the product, or both.'' The Introduction section in ASTM 
F2907-21 now states that the standard is intended to cover ``normal use 
and reasonably foreseeable misuse or abuse of the product.'' These 
changes harmonize the Introduction with the recommended language 
approved by the Ad Hoc TG, whose purpose is to develop recommended 
consistent language for ASTM juvenile product standards. This is a 
neutral change, because the revisions restate the purpose, consistent 
with Ad Hoc TG recommended language, but do not impact the existing 
performance requirements for sling carriers.
b. Marking and Labeling
    Section 8.1.1. In the current standard, this section requires 
products and packaging to be marked with the name, principal place of 
business (city, state, and mailing address, including zip code), and 
telephone number and website, if applicable, of either the 
manufacturer, importer, distributor, or seller. ASTM F2907-21 requires: 
``The name, place of business (city, state, and mailing address, 
including zip code), and telephone number of the manufacturer, 
distributor, or seller. Specifically, the new section has removed 
``website, if applicable, of either the manufacturer, importer, 
distributor, or seller'' and replaced it with ``telephone number of the 
manufacturer, distributor, seller.'' This change is neutral with 
respect to safety because it harmonizes the language with the 
recommended language approved by the Ad Hoc TG, and thus promotes 
consistent messaging for consumers. Furthermore, consumers who have 
internet access should be able to find the manufacturer's website with 
ease, with the information required to be provided.
    Section 8.1.2. In the current standard, section 8.1.2. requires 
products to be marked with a ``Model number, stock number, catalog, 
item number, or other symbol that identifies the specific sling 
carrier.'' ASTM F2907-21 has replaced that section to require ``A code 
mark or other means that identifies the date (month and year as a 
minimum) of manufacture.'' This requirement was intended to provide 
consistency with Ad Hoc TG recommendations, and other juvenile 
products, which do not contain this requirement. While the revised 
section 8.1.2 no longer requires detailed product-identifying 
information, sling carriers must still meet the requirements for 
consumer registration of durable infant or toddler products under 16 
CFR part 1130. Specifically, under 16 CFR 1130.4(a), manufacturers are 
required to permanently mark their products with the manufacturer name 
and contact information (U.S. address and telephone number, toll free 
if available), model name and number, and date of manufacturer. Because 
the combined requirements of sections 8.1.1, 8.1.2, and 16 CFR part 
1130 provide comprehensive marking identification information for sling 
carriers, this change is neutral with respect to safety.
    Section 8.1.3. In the current standard, each product and its retail 
package must indicate the minimum and maximum recommended child's 
weight for each support area of the carrier. This section is not 
revised, but it is referenced in new section 8.1.4.
    Section 8.1.4. ASTM 2907-21 adds this section to exempt product 
packaging from the marking and labeling requirements in sections 8.1.1-
8.1.3 if the product itself contains all required marking and labeling 
and if the required on-product markings and labels are visible in their 
entirety through the retail package. If no retail packaging is used for 
the product, then the information provided on the product itself will 
be used for determining compliance. This section specifies that cartons 
and other materials used exclusively for shipping are not considered 
retail packaging. This change is neutral with respect to safety because 
all the markings and labeling under section 8.1.1-8.1.3 will still be 
required to be visible to the consumer either on the product packaging 
or on products that are visible through the packaging.
    Section 8.4. ASTM F2907-21 adds the section Warning Design for 
Product. This section harmonizes language in the current standard with 
the Ad Hoc TG recommendations. This section now specifies that warnings 
shall be in English at minimum, states that any additional markings or 
labels shall not contradict or confuse the required information and 
shall not mislead the consumer, and sets formatting requirements for 
warnings (font size, text alignment, safety alert symbol, bullet points 
for cautionary statements, etc.). Consistent with Ad Hoc TG 
recommendations, the standard uses ANSI Z535.4-2011 as reference for 
its warning formatting requirements. These changes are an improvement 
to safety, as they provide a consistent format for manufacturers to 
follow, and with which consumers will be more familiar.
    Section 8.5. In the current standard, manufacturers are required to 
list a recommended minimum and maximum weight for infants placed in the 
product. ASTM F2907-21 revises the warning statements to address sling 
carriers designed for use with two occupants. While single-occupant 
sling carriers still use the same warning statement in the current 
standard (Section 8.5.3 and 8.5.3.1), for sling carriers designed for 
use with two occupants, ASTM F2907-21 adds a requirement for 
manufacturers to list the recommended minimum infant weight, 
recommended maximum infant weight, and maximum combined occupant weight 
(i.e., weight of both occupants) (Section 8.5.3 and 8.5.3.2). These 
changes are an improvement to safety, as the current standard allows 
for two-occupant carriers but does not require manufacturers to specify 
the maximum combined occupant weight.
c. Instructional Literature
    Sections 9.1, 9.3, and 9.4 contain revisions to the current 
standard that are intended to harmonize with the Ad Hoc TG recommended 
language. The

[[Page 50932]]

standard now specifies that warnings shall be in English at minimum, 
states that any additional markings or labels shall not contradict or 
confuse the required information and shall not mislead the consumer, 
and it sets formatting requirements for warnings such as font size, 
text alignment, safety alert symbol, and bullet points for cautionary 
statements. These revisions are consistent with the changes made to 
Section 8.4 to accept Ad Hoc language recommendations, and references 
ANSI Z535.4-2011 for its warning formatting requirements. These changes 
provide a consistent format and baseline of requirements for 
manufacturers to follow. In addition, consumers' understanding of the 
instructions will improve as they become familiar with the consistent 
presentation of the text across the range of durable nursery products. 
These changes therefore improve safety.
    Figure 6. ASTM 2907-21 added an example warning referred to as 
Figure 6. This warning label contains the formatting and statements 
required by the standard, as well as a pictogram showing proper and 
improper infant positioning. However, the pictogram shown on this 
warning was inconsistent with an example positioning pictogram shown in 
Figure 5 of the current standard. Subsequently, Figure 6 was revised in 
ASTM F2907-22, to remove the inconsistency.

2. ASTM F2907-22

    ASTM F2907-22 incorporates all the revisions from ASTM F2907-21, 
with one substantive revision. Figure 6 in ASTM F2907-21 contained a 
pictogram example warning that differed from the example positioning 
pictogram shown in the same standard's Figure 5. Specifically, the 
pictogram shown in Figure 6 contained two strikethrough symbols through 
the incorrect positioning examples. Figure 5 does not contain these 
strikethrough symbols but was otherwise identical. To correct this 
inconsistency, the strikethroughs have been removed from Figure 6 in 
ASTM F2907-22. Although the strikethroughs can be beneficial to some 
consumers (particularly those who cannot read or speak English), the 
use of the strikethrough can obscure the image depicted in the 
pictogram. Overall, the addition of Figure 6 is an improvement to 
safety as compared to the existing mandatory standard based on ASTM 
F2907-19, because the standard includes an example warning with the 
proper formatting and content that manufacturers can reference, yet 
manufacturers are not required to use the specific pictogram examples 
shown in Figures 5 and 6 if a pictogram comparing proper and improper 
infant positioning for one or two occupants, depending on the design of 
the product, is included adjacent to the warning text.

3. More Stringent Requirement for Label Attachment

    The current mandatory standard includes an additional requirement 
for label attachment. Specifically, 16 CFR 1228.2(b) requires that 
``Warning labels that are attached to the fabric with seams shall 
remain in contact with the fabric around the entire perimeter of the 
label, when the sling is in all manufacturer recommended use 
positions.'' The Commission added this warning requirement when it 
promulgated the safety standard for sling carriers, incorporating by 
reference ASTM F2907-15, and the Commission maintained it when CPSC 
incorporated by reference the updated version of the standard in ASTM 
F2907-19. The Commission added this requirement to address concerns 
that consumers would accidentally or intentionally remove, damage, or 
otherwise alter ``free-hanging'' labels that are attached to a product 
at only one end of the label. The Commission determined that the 
additional label attachment requirement would improve safety because 
removing or altering these labels would eliminate the potential safety 
benefit of the label. ASTM F2907-22 does not include this additional 
requirement. However, this requirement remains appropriate. 
Accordingly, the Commission is retaining this additional requirement in 
16 CFR 1228.2(b).

C. Incorporation by Reference

    Section 1228.2 of the direct final rule incorporates by reference 
ASTM F2907-22. 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 B. Revisions to 
ASTM F2907 of this preamble summarizes the major provisions of ASTM 
F2907-22 that the Commission incorporates by reference into 16 CFR part 
1228. The standard itself is reasonably available to interested 
parties. Until the direct final rule takes effect, a read-only copy of 
ASTM F2907-22 is available for viewing, at no cost, 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, at no cost, 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]. Interested 
parties can purchase a copy of ASTM F2907-22 from ASTM International, 
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 
USA; telephone: (610) 832-9585; www.astm.org.

D. 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 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 sling carriers are children's products, a CPSC-accepted 
third party conformity assessment body must test samples of the 
products. Products subject to part 1228 also must comply with all other 
applicable CPSC requirements, such as the lead content requirements in 
section 101 of the CPSIA,\4\ the tracking label requirements in section 
14(a)(5) of the CPSA,\5\ and the consumer registration form 
requirements in section 104(d) of the CPSIA.\6\ ASTM F2907-22 makes no 
changes that would impact any of these existing requirements.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 1278a.
    \5\ 15 U.S.C. 2063(a)(5).
    \6\ 15 U.S.C. 2056a(d).
---------------------------------------------------------------------------

E. Notice of Requirements

    In accordance with section 14(a)(3)(B)(vi) of the CPSA, the 
Commission previously published a

[[Page 50933]]

notice of requirements (NOR) for accreditation of third party 
conformity assessment bodies for testing sling carriers. 82 FR 8671 
(Jan. 30, 2017). The NOR provided the criteria and process for CPSC to 
accept accreditation of third party conformity assessment bodies for 
testing sling carriers to 16 CFR part 1228. The NORs for all mandatory 
standards for durable infant or toddler products are listed in the 
Commission's rule, ``Requirements Pertaining to Third Party Conformity 
Assessment Bodies,'' codified in 16 CFR part 1112. Id.
    ASTM F2907-22 did not change the testing requirements, testing 
equipment, or testing protocols for sling carriers. Accordingly, the 
revisions do not change the way that third party conformity assessment 
bodies test these products for compliance with the safety standard for 
sling carriers. Testing laboratories that have demonstrated competence 
for testing in accordance with ASTM F2907-19 therefore are competent to 
test in accordance with the revised standard ASTM F2907-22. 
Laboratories will begin testing to the new standard when ASTM F2907-22 
goes into effect, and the existing accreditations that the Commission 
has accepted for testing to this standard will cover testing to the 
revised standard. Therefore, the Commission considers the existing 
CPSC-accepted laboratories for testing to ASTM F2907-19 to be capable 
of testing to ASTM F2907-22 as well. Accordingly, 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' accreditations to reflect the revised standard in 
the normal course of renewing their accreditations.

F. Direct Final Rule Process

    On June 3, 2022, the Commission provided notice in the Federal 
Register of the revision to the standard and requested comment on 
whether the revision improves the safety of sling carriers covered by 
the standard. 87 FR 33755. No comments were submitted. Now, 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, further notice and comment are not 
necessary.
    Specifically, under the process set out in section 104(b)(4)(B) of 
the CPSIA, when ASTM notifies CPSC that it has revised 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 F2907-22 to become 
CPSC's new standard because its provisions improve product safety. The 
purpose of this direct final rule is to update 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 F2907-22 takes effect as the new 
CPSC standard for sling carriers, 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 standard under section 104(b) of the CPSIA. Under these 
circumstances, further 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 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 November 19, 
2022. 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 a 
change.'' 60 FR 43108, 43111 (Aug. 18, 1995). As noted, this rule 
merely updates a reference in the CFR to reflect a change that occurs 
by statute, and public comments should address this specific action.
    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 direct final rule or publish a 
notice of proposed rulemaking, providing an opportunity for public 
comment.

G. 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 F. 
Direct Final Rule Process of this preamble, the Commission has 
determined that further notice and the opportunity to comment are 
unnecessary for this rule. Therefore, the RFA does not apply. CPSC 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.

H. Paperwork Reduction Act

    The current mandatory standard for sling carriers 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). While the revised mandatory 
standard adds marking, labeling, and instructional literature language 
for sling carriers, the new requirements would not add to the burden 
hours because the products already require marking, labeling, and 
instructional literature. The new requirements merely require revisions 
to the labeling language in addition to that already required by the 
standard. Therefore, the new requirements are not measurably more 
burdensome than the existing requirements. The Commission took the 
steps required by the PRA for information collections when it 
promulgated 16 CFR part 1228, and the marking, labeling, and 
instructional literature for sling carriers are currently approved 
under OMB Control Number 3041-0159. Because the information collection 
burden is unchanged, the revision does not affect the information

[[Page 50934]]

collection requirements or approval related to the standard.

I. 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.

J. 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.

K. 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 timely notifies the standards organization that it has 
determined 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 standard for sling carriers. Therefore, 
ASTM F2907-22 will take effect as the new mandatory standard for sling 
carriers on November 19, 2022, 180 days after May 23, 2022, when the 
Commission received notice of the revision.

L. 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 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 1228

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

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

PART 1228--SAFETY STANDARD FOR SLING CARRIERS

0
1. The authority citation for part 1228.2 continues 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.  1228.2 to read as follows:


Sec.  1228.2   Requirements for Sling Carriers.

    (a) Except as provided in paragraph (b) of this section, each sling 
carrier must comply with all applicable provisions of ASTM F2907-22, 
Standard Consumer Safety Specification for Sling Carriers, approved on 
April 1, 2022. 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. A read-only copy of the standard is available for viewing on 
the ASTM website at https://www.astm.org/READINGLIBRARY/. You may 
obtain a copy from ASTM International, 100 Barr Harbor Drive, PO Box 
C700, West Conshohocken, PA 19428-2959; telephone (610) 832-9585; 
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) 504-7479, 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.
    (b)(1) Comply with ASTM F2907-22 standard with the following 
changes:
    (i) In addition to complying with section 5.7.2 of ASTM F2907-22, 
comply with the following:
    (ii) 5.7.3 Warning labels that are attached to the fabric with 
seams shall remain in contact with the fabric around the entire 
perimeter of the label, when the sling is in all manufacturer 
recommended use positions.
    (2) [Reserved]

Abioye Mosheim,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-17707 Filed 8-18-22; 8:45 am]
BILLING CODE 6355-01-P