[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Rules and Regulations]
[Pages 53657-53662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18786]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1230
[Docket No. CPSC-2014-0011]
Safety Standard for Frame Child Carriers
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In March 2015, the U.S. Consumer Product Safety Commission
(CPSC) published a consumer product safety standard for frame child
carriers under section 104 of the Consumer Product Safety Improvement
Act of 2008 (CPSIA). The standard incorporated by reference the ASTM
voluntary standard for frame child carriers that had been adopted in
2014 and was in effect 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 the voluntary standards
organization revises the standard. Consistent with the CPSIA's update
process, this direct final rule updates the mandatory standard for
frame child carriers to incorporate by reference ASTM's 2022 version of
the voluntary standard.
DATES: The rule is effective on December 3, 2022, unless CPSC receives
a significant adverse comment by October 3, 2022. If CPSC receives such
a comment, it will publish a document 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 December 3,
2022.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2014-
0011, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: 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/confidential 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: 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 may submit such comments by mail, hand delivery, or
courier, or you may email them to: [email protected].
Docket: For access to the docket to read background documents or
comments received, go to: www.regulations.gov, and insert the docket
number, CPSC-2014-0011, 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:
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 the 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,
then 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 Frame Child Carriers
Under section 104(b)(1) of the CPSIA, the Commission adopted a
mandatory rule for frame child carriers, codified in 16 CFR part 1230.
The rule incorporated by reference ASTM F2549-14a, Standard Consumer
Safety Specification for Frame Child Carriers, with no modifications.
80 FR 11121 (Mar. 2, 2015). At the time the Commission published the
final rule, ASTM F2549-14a was the current version of the voluntary
standard. Until now, the voluntary standard has not been revised since
promulgation of the final rule.
On June 6, 2022, ASTM notified CPSC that it has revised the
voluntary standard for frame child carriers, by approving ASTM F2549-22
on April 1, 2022. On June 16, 2022, the Commission published a notice
of availability in the Federal Register regarding the revised voluntary
standard and sought comments on the effect of the revisions on the
safety of the standard for frame child carriers. 87 FR 36311 (Jun. 16,
2022). We did not receive any comments.
[[Page 53658]]
As discussed in section B. Revisions to ASTM F2549, based on CPSC
staff's review of ASTM F2549-22,\1\ the Commission will allow the
revised voluntary standard to become the mandatory standard because it
improves the safety of frame child carriers.\2\ Accordingly, by
operation of law under section 104(b)(4)(B) of the CPSIA, ASTM F2549-22
will become the mandatory consumer product safety standard for frame
child carriers on December 3, 2022. 15 U.S.C. 2056a(b)(4)(B). This
direct final rule updates 16 CFR part 1230 to incorporate by reference
the revised voluntary standard, ASTM F2549-22.
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\1\ CPSC staff's briefing package regarding ASTM F2549-22 is
available at: https://www.cpsc.gov/s3fs-public/ASTMsRevisedSafetyStandardforFrameChildCarriers.pdf?VersionId=lfnZNP_EpmjgTtw1my8EyAsKzPrtMzp3.
\2\ The Commission voted 4-1 to approve this notice. Chair
Hoehn-Saric, Commissioners Baiocco, Feldman and Boyle voted to
approve the notice as drafted. Commissioner Trumka voted to
determine that the proposed revision does not improve the safety of
frame child carriers and therefore did not approve publication of
the notice in the Federal Register.
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B. Revisions to ASTM F2549
The ASTM standard for frame child carriers includes performance
requirements, test methods, and requirements for warning labels and
instructional literature, to address hazards to children associated
with frame child carriers. ASTM F2549-22 contains substantive
revisions, as well as editorial, non-substantive revisions. These
revisions consist of revising the load condition in the Dynamic
Strength Test and Stability Test, increasing the applied torque in the
Torque Test, replacing the test torso, harmonizing the warning label
with the standard's scope, adding additional flammability requirements
for fabric components of the product, and applying several minor
language revisions. The Commission concludes that these changes
collectively improve the safety of frame child carriers, and none of
the changes has a material adverse effect on safety. Below is a
detailed discussion of the substantive and non-substantive changes made
to ASTM F2549-14a.
Substantive Changes in ASTM F2549-22
ASTM F2549-22 made the following substantive changes to ASTM F2549-
14a:
1. In section 5.12, the revised standard adds flammability
requirements for fabric components of the frame carrier, in addition to
the existing flammability requirements for solid components of the
frame carrier (as determined by 16 CFR 1500.3(c)(6)(vi)). The new
requirements for fabric components of the frame carrier specify:
``There shall be no Class 2 or 3 fabrics used in the construction of a
frame child carrier when the fabrics are evaluated against the
requirements of 16 CFR 1610.'' Accordingly, the new requirements only
permit the use of Class 1 fabrics, which have a lower flammability that
is acceptable for use in clothing.
The regulation at 16 CFR part 1610 is an ignition test that
measures the time it takes for a fabric sample to ignite when a flame
is applied. Class 2 and Class 3 fabrics ignite in less time than Class
1 fabrics; therefore, they are more flammable. The revised standard
only permits the use of Class 1 fabrics, which exhibit the longest time
to ignite (and therefore, are the least flammable fabric class) and are
rated for use in clothing. This change improves the safety of frame
child carriers because it ensures that fabric components of the frame
carrier meet the most stringent flammability requirements for fabrics.
2. The revised standard adds a requirement in section 5.12.3 under
5.12 Flammability of Frame Child Carriers that states, ``Non-toy
accessories that are sold with and intended to be attached to the
product shall also meet the requirement of 5.12.'' This change improves
the safety of frame child carriers because it ensures that non-toy
accessories, such as sunshades, hoods, and bibs meet the most stringent
flammability requirements for solids and fabrics.
3. Figure 5 in the revised standard specifies a drawing of a rigid
torso with dimensions, which replaces a generic photo of a typical
torso that is used for training. The rigid test torso with dimensions
aligns with the test torso specified in other standards for child
carrier products (ASTM F2907-19--Standard Consumer Safety Specification
for Sling Carriers, the EN 13209-1 Child care articles. Child carriers.
Safety requirements and test methods Framed back carrier, and EN 13209-
2 Child use and care articles--Baby carriers--Safety requirements and
test methods--Part 2: Soft carrier). The new test torso is referenced
in sections 7.2 Dynamic Strength Test and 7.3 Static Load Test.
The dynamic and static performance tests require attachment of the
frame carrier to a test torso. However, the test results are determined
by the magnitude and location of the force applied to the product in
the static load and dynamic strength test, and the results are not
affected by minor changes to the structure to which the product is
attached. Therefore, the change to the test torso does not impact
safety.
4. In the 2022 version of the standard, ASTM revised multiple
elements pertaining to dynamic strength, which improve safety. In
section 6.2 Dynamic Strength, the revised standard adds to the dynamic
strength requirements an evaluation of the system that attaches the
frame carrier to the user's torso, in addition to the existing
evaluation of the system that retains the child occupant in the frame
carrier.
The frame carrier's attachment system includes any straps or
hardware that secure the frame carrier to the caregiver. The revised
Dynamic Strength performance requirement now ensures that the frame
carrier's attachment straps and buckles will not slip more than 1 inch
after 90 cycles of up/down movement of the fully loaded frame carrier.
This additional test improves the safety of frame child carriers
because it ensures that all straps related to the proper retention and
orientation of the occupant (including both those within the product
and those between the product and the caregiver) will not loosen to the
point that the child occupant can fall from the product.
In section 7.2 Dynamic Strength Test, sections 7.2.1 through 7.2.6
of the standard were revised. These changes consist of a new test torso
and evaluating the attachment system as described above, adding weights
to the external pockets, and modification of the test sequence.
Section 7.2.3 now states, ``Pockets, pouches, and other carrying
receptacles of the product shall be loaded with weight(s) up to the
manufacturer's maximum recommended weight(s), in such a way that will
create the most onerous test condition. The most onerous test condition
may include no weight(s) or lower than maximum weight(s) in some
receptacles.'' Section 6.2 Dynamic Strength clarifies that ``Seams of
pockets, pouches, and other carrying receptacles are exempt from [the
requirement prohibiting damage after the performance test]'' because
failure of these areas will not affect the retention and safety of the
child occupant.
The revised standard modifies section 7.2.5 under 7.2 Dynamic
Strength Test to provide for readjustment or re-tightening of all
adjustable components, such as straps in the occupant retention system
and attachments to the test torso after completion of a 90-cycle
vibration test (which follows a 10-cycle test) and before the carrier
is subjected to a 49,900-cycle vibration test. The test procedure in
ASTM F2549-14a did not have the readjustment step before the 49,900-
cycle vibration test.
[[Page 53659]]
As noted, the application of this test to attachment straps
improves safety. With respect to the occupant retention straps, which
were subjected to the Dynamic Strength Test under the 2014 standard,
the change of readjusting straps after the 90-cycle test results in a
potentially less stringent test. This is unlikely to affect the outcome
of the test, however, because the test total of 50,000 cycles should
fail any substandard strap, fastener, or frame component, regardless of
the change. Because a looser adjustment strap for occupant retention is
unlikely to affect the outcome of the test after 50,000 cycles of
testing, and because the revised test conditions of an increased test
load and evaluation of the attachment system are more stringent, the
revision to 7.2 Dynamic Strength Test is an improvement in safety.
5. Section 7.1.1 Leg Openings Test--The following non-mandatory
note was removed: ``If the manufacturer does not provide instructions
for seat height, adjust the seat so that it results in CAMI's chin
resting right above the edge of the frame carrier.'' This non-mandatory
note was removed to avoid confusion potentially leading to the carrier
not being tested under the most onerous condition.
In some product designs, the leg opening becomes larger as the seat
is lowered. Therefore, lowering the seat in these designs can create
the most onerous position for the Leg Openings Test. However, because
this is an explanatory note, and not mandatory, and because there is no
change in the requirements to test the product in the most onerous
condition, there is no impact on safety.
6. The revised standard modifies sections 7.4.3 and 7.4.4 under 7.4
Stability Test to increase the test load from ``at least 40 lb (18.1
kg)'' to ``40 lb (18.1 kg) or equal to the manufacturer's maximum
recommended weight for the occupant, if greater.''
This change improves the safety of frame child carriers because it
increases the test weight used in the stability test for some frame
child carriers. Increasing the test weight increases the center of
gravity height used in the stability test. As the center of gravity
increases, the tested product is more likely to tip over and fail.
Therefore, the change makes the stability test more stringent.
7. The revised standard modifies section 7.10.3 Torque Test in
section 7.10 Removal of Protective Components Test to increase the
applied torque from 2 lbf-in to 4 lbf-in. The torque is applied
clockwise to any component that is graspable in a child's hand or teeth
or if there is at least .04 inch gap between the component and its
adjacent component.
This change improves the safety of frame child carriers. It
increases the torque applied to components that may come loose when
grasped by a child, which reduces the likelihood of a part coming loose
and becoming accessible to the child.
8. The revised standard creates a new section 8.5 Warning
Statements in section 8, Marking and Labeling, with the following
guidelines:
[cir] Adds an explicit description of the fall hazard related to a
child slipping through the leg opening of the frame carrier.
[cir] Increases recommended maximum child weight range from ``40
lbs (or the maximum child weight recommended by the manufacturer, if
less)'' to ``50 lbs (22.7 kg) (or the maximum weight recommended by the
manufacturer, if less).'' This change aligns the warning label with the
scope of ASTM F2549, which states that a ``frame carrier is intended
for use with a child that is able to sit upright unassisted and weighs
between 16 lb and 50 lb (7.3 kg and 22.7 kg).''
[cir] Adds a clarification that the maximum overall weight
recommendation for the product includes the cargo in pockets/pouches in
addition to the weight of the child occupant. The maximum overall
weight statement shall immediately follow recommended occupant weight
statement.
[cir] Adds a new Figure of an exemplar warning label that
illustrates the guidelines specified in section 8.5.
These changes to the warnings and instructions improve the safety
of frame child carriers because they harmonize the maximum weight
stated in the warning label with the maximum weight stated in the
standard's scope, and they clarify the fall hazard in the warning
label. The scope of the 2009 version of the standard (ASTM F2549-09)
included products that could carry children up to 40 pounds. When the
standard was updated to include products that could carry children up
to 50 pounds, in F2549-13, this warning label was not updated to
reflect the change, and that issue persisted in the F259-14a version
that is incorporated by reference in the Commission's rule. The 2022
version of ASTM F2549 remedies this, aligning the warning label with
the updated 50-pound limit from 2013. In addition, this change adds a
required warning label informing consumers of the product's maximum
allowed weight (child + cargo), and thus, it is an improvement in
safety.
The substantive changes made in ASTM F2549-22 are an improvement to
the safety of frame child carriers. These changes introduce more
stringent requirements or more stringent test conditions for
flammability, leg hole openings, dynamic strength tests (to evaluate
product durability and strap slippage), static stability tests, and
torque test to evaluate graspable parts. Therefore, the Commission
concludes that these changes improve the safety of frame child
carriers.
Non-Substantive Changes in ASTM F2549-22
ASTM F2549-22 makes several non-substantive changes to the standard
as follows:
1. Section 5.5 Scissoring, Shearing, and Pinching, contains an Ad
Hoc revision \3\ that make the following changes (italicized text is
added text and [bracketed text] is deleted text) ``Scissoring,
shearing, or pinching that may cause injury [shall not be permissible
]exists when the edges of [any] the rigid parts admit a prove greater
than 0.210 in. ([5.3]5.33 mm) and less than 0.375 in. ([9.50]9.53mm) in
diameter at any accessible point throughout the range of motion of such
parts.'' This portion of section 5.5 is not a performance requirement
but rather explains how to identify a scissoring, shearing, or pinching
hazard. Therefore, changing ``shall not be permissible'' to ``exists''
does not remove or change any general requirements, which are found in
section 5. Additionally, the preceding text of section 5.5 still states
that products ``shall 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 another.'' This
preceding text ensures that all frame child carriers are evaluated for
the scissoring, shearing, and pinching hazards. Therefore, this is a
non-substantive change.
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\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. Ad Hoc TG recommendations were published as a reference
document, titled, ``Ad Hoc Wording--May 4, 2016,'' as part of the
F15 Committee Documents.
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2. The section 5.8 Locking and Latching performance requirement is
modified to exempt the frame child carrier's kickstand. Section 5.8
references section 7.8 Locking Device Test, where the locking device
shall not
[[Page 53660]]
unlock when a 10 lbf force is gradually applied in the direction
tending to unlock it.
Kickstands are separately required to meet section 5.9
Unintentional folding performance requirement, which references section
7.9 Unintentional Folding Test. In the Unintentional Folding Test, the
frame child carrier's seat is loaded with a 16-pound weight (or, if
greater, the manufacturer's minimum recommended child weight), and the
kickstand shall not fold when a 10 lbf force is gradually applied in
the direction tending to fold it.
The Unintentional Folding Test referenced in the Unintentional
Folding performance requirement is equivalent to the Locking Device
Test referenced in the Locking and Latching performance requirement and
better simulates the hazard loading condition of a frame child
carrier's kickstand unintentionally folding. Therefore, this
modification does not affect safety.
3. The revised standard adds a requirement to section 6.2 Dynamic
Strength, which provides that the frame carrier ``shall show no damage
that will impair its function,'' in addition to the existing
requirement that the frame carrier ``shall not create a hazardous
condition, such as frame or fasteners breaking or disengaging or seams
separating'' after the dynamic strength tests have been completed.
Improper function of the frame carrier is a potentially hazardous
condition if it affects retention of the child occupant. Adding
impaired functioning as an example of a hazardous condition does not
impact safety because it does not change the primary requirement that
prohibits the creation of a hazardous condition in the frame carrier
after 50,000 cycles of testing.
4. The 2022 revision clarifies section 7.2.3 of the Dynamic
Strength Test by changing ``alternating vertical movement at amplitude
of 4.7 inches and a frequency of 2 cycles/second (Hz)'' to
``alternating vertical sinusoidal movement through 4.75 inches at a
frequency of 2 Hz.''
Originally, section 7.2.3 was intended to describe the vertical
reciprocating movement of a frame carrier that moved up and down by 4.7
inches. Typically test labs, including CPSC, use a slider-crank linkage
mechanism that converts the rotational motion from a motor shaft to a
vertical reciprocating motion. The reciprocating vertical motion of the
frame carrier follows the path of a sine wave.
The revision to the Dynamic Strength Test adds a better description
of the vertical motion. Sinusoidal movement through 4.75 inches
describes the vertical movement of the frame carrier in the shape of a
sine curve as it raises and lowers by 4.75 inches. The revised wording
better describes the vertical movement of the frame carrier during the
existing test. Therefore, this is a non-substantive change.
5. Section 8.4. Warning Design for Product incorporates the ASTM Ad
Hoc recommendations for the design and layout of warnings.
The Commission finds that all of the non-substantive changes made
in ASTM F2549-22 regarding safety for frame child carriers do not
impact safety because they are editorial in nature or modify a non-
mandatory note that merely provides explanatory material.
C. Incorporation by Reference
Section 1230.2 of the direct final rule incorporates by reference
ASTM F2549-22. 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 F2549 of this preamble summarizes the major provisions of ASTM
F2549-22 that the Commission incorporates by reference into 16 CFR part
1230. The standard is reasonably available to interested parties. Until
the direct final rule takes effect, a read-only copy of ASTM F2549-22
is available for viewing, at no cost, on ASTM's website at:
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: www.astm.org/READINGLIBRARY/. Interested parties can also
schedule an appointment to inspect a copy of the standard at CPSC's
Office of the Secretary, 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 F2549-22 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 frame child carriers are children's products, a CPSC-
accepted third party conformity assessment body must test samples of
the products. Products subject to part 1230 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
F2549-22 makes no changes that would impact any of these existing
requirements.
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\4\ 15 U.S.C. 1278a.
\5\ 15 U.S.C. 2063(a)(5).
\6\ 15 U.S.C. 2056a(d).
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E. Notice of Requirements
In accordance with section 14(a)(3)(B)(vi) of the CPSA, the
Commission previously published a notice of requirements (NOR) for
accreditation of third party conformity assessment bodies for testing
frame child carriers. 80 FR 11113 at 11121 (Mar. 2, 2015). The NOR
provided the criteria and process for CPSC to accept accreditation of
third party conformity assessment bodies for testing frame child
carriers to 16 CFR part 1230. 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.
Fourteen of the seventeen testing laboratories that are currently
CPSC-accepted to conduct testing for frame child carriers are also
CPSC-accepted to conduct testing for sling carriers, which already
requires them to possess the revised test torso that is newly required
for testing to ASTM F2549-22. The three other laboratories should be
able to acquire the new test torso (if they
[[Page 53661]]
don't already have it) before the effective date for the mandatory
standard. Laboratories likewise should have no difficulty creating or
modifying equipment for the Dynamic Strength Test's revised loading
requirements and updating their procedures to align with the revised
standard. Therefore, none of the changes to the standard would impede a
CPSC-accepted laboratory from being able to conduct testing to the
revised standard. CPSC-accepted testing laboratories that have ASTM
F2549-14a in their scope of accreditation are competent to conduct
testing to ASTM F2549-22. Therefore, the Commission considers the
existing CPSC-accepted laboratories for testing to ASTM F2549-14a to be
capable of testing to ASTM F2549-22, as well. Accordingly, the existing
NOR for this standard will remain in place, and CPSC-accepted third
party conformity assessment bodies, in the normal course of renewing
their accreditations, are expected to update the scope of the testing
laboratories' accreditations to reflect the revised standard. Thus,
laboratories will begin testing to the new standard when ASTM F2549-22
goes into effect, and the existing accreditations that the Commission
has accepted for testing to this standard will cover testing to the
revised standard.
F. 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.
Specifically, 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, by operation of law, becomes CPSC's standard. The
Commission is allowing ASTM F2549-22 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 F2549-22 takes effect as the new CPSC standard
for frame child 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, 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 December 3,
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 to 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 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 frame child 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). Although the revised
mandatory standard revises existing marking and labeling, and
instructional literature language for frame child carriers, the
revisions would not add to the burden hours because the products
already require marking, labeling, and instructional literature. The
new requirements merely require new words or wording changes to
language already required by the standard for frame child carriers.
Therefore, the new requirements are not more burdensome than the
existing requirements.
The Commission took the steps required by the PRA for information
collections when it promulgated 16 CFR part 1230, and the marking,
labeling, and instructional literature for frame child carriers is
currently approved under OMB Control Number 3041-0159. Because the
information collection burden is unchanged, the revision does not
affect the information-collection requirements or approval related to
the standard.
I. 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 180 days after 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
[[Page 53662]]
is taking neither of those actions with respect to the standard for
frame child carriers. Therefore, ASTM F2549-22 will take effect as the
new mandatory standard for frame child carriers on December 3, 2022,
180 days after June 6, 2022, when the Commission received notice of the
revision.
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. 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.
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 1230
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 1230--SAFETY STANDARD FOR FRAME CHILD CARRIERS
0
1. The authority citation for part 1230 continues to read as follows:
Authority: The Consumer Product Safety Improvement Act of 2008,
Pub. L. 110-314, 104, 122 Stat. 3016 (August 14, 2008); Pub. L. 112-
28, 125 Stat. 273 (August 12, 2011).
0
2. Revise Sec. 1230.2 to read as follows:
Sec. 1230.2 Requirements for Frame Child Carriers.
Each frame child carrier must comply with all applicable provisions
of ASTM F2549-22, Standard Consumer Safety Specification for Frame
Child Carriers, approved on approved 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 www.astm.org/READINGLIBRARY/. You may obtain a copy from ASTM International, 100
Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959;
telephone (610) 832-9585; www.astm.org. You may inspect a copy at the
Office of the Secretary, 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. 2022-18786 Filed 8-31-22; 8:45 am]
BILLING CODE 6355-01-P