[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