[Federal Register Volume 87, Number 181 (Tuesday, September 20, 2022)]
[Rules and Regulations]
[Pages 57390-57394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20246]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1223
[Docket No. CPSC-2013-0025]
Safety Standard for Infant Swings
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In November 2012, the U.S. Consumer Product Safety Commission
(CPSC) published a consumer product safety standard for infant swings
with modifications to make the standard more stringent under section
104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA). The
standard incorporated by reference the 2012 voluntary standard for
infant swings that 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, unless the Commission
determines the revision does not improve the safety of the consumer
product. Consistent with the CPSIA's update process, the Commission
issued direct final rules in June 2013, January 2021, and October 2021,
each time to update the incorporation by reference for the mandatory
standard to reflect ASTM's revision of the voluntary standard. In May
2022, ASTM approved another revision to the voluntary standard for
infant swings, ASTM F2088-22. ASTM notified CPSC of this revision on
July 5, 2022. Consistent with the CPSIA's 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, this direct final rule updates the
mandatory standard for infant swings to incorporate by reference ASTM's
2022 version of the voluntary standard.
DATES: The rule is effective on January 1, 2023, unless CPSC receives a
significant adverse comment by October 20, 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 January 1, 2023.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2013-
0025, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: www.regulations.gov. Follow the instructions for
submitting comments. CPSC typically does not accept comments submitted
by electronic mail (email), except as described below. CPSC encourages
you to submit electronic comments by using the Federal eRulemaking
Portal.
Mail/Hand Delivery/Courier Written Submissions: 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. If you wish to submit confidential business
information, trade secret information, or other sensitive or protected
information that you do not want to be available to the public, you may
submit such comments by mail, hand delivery, or courier, or you may
email them to: [email protected].
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to: https://www.regulations.gov. Do not submit
through this website: confidential business information, trade secret
information, or other sensitive or protected information that you do
not want to be available to the public. If you wish to submit such
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov, and insert the
docket number, CPSC-2013-0025, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Carlos Torres, Project Manager,
Division of Mechanical and Combustion Engineering, U.S. Consumer
Product Safety Commission, 5 Research Place, Rockville, MD 20850;
telephone: (301) 987-2504; email: [email protected].
SUPPLEMENTARY INFORMATION:
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 Infant Swings
Under section 104(b)(1) of the CPSIA, the Commission adopted a
mandatory rule for infant swings, codified in 16 CFR part 1223. The
rule incorporated by reference ASTM F2088-12a, Standard
[[Page 57391]]
Consumer Safety Specification for Infant Swings with modifications to
make the standard more stringent. 77 FR 66703 (Nov. 7, 2012). The
mandatory standard included performance requirements and test methods,
as well as requirements for warning labels and instructions, to address
hazards to children.
In 2013, ASTM notified CPSC that it had issued a revised standard
for infant swings, ASTM F2088-13, and the Commission published a direct
final rule incorporating by reference ASTM F2088-13, with no
modifications. 78 FR 37706 (June 24, 2013). After the Commission issued
the revised mandatory standard in 2013, ASTM approved two more
revisions to the infant swing standard: ASTM F2088-15 and ASTM F2088-
19. However, ASTM did not notify CPSC of these revisions under CPSIA
section 104(b)(4)(B). In October 2020, ASTM notified CPSC that it had
revised the voluntary standard for infant swings, ASTM F2088-20, and
the Commission published a direct final rule incorporating by reference
ASTM 2088-20, with no modifications. 86 FR 4961 (January 19, 2021).\1\
In August 2021, ASTM notified CPSC that it had issued a revised
standard for infant swings, ASTM F2088-21, and the Commission published
a direct final rule incorporating by reference ASTM F2088-21, with no
modifications. 86 FR 59609 (October 28, 2021).
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\1\ One revision to ASTM F2088-20 was to change the title for
the standard from ``Standard Consumer Safety Specification for
Infant Swings'' to ``Standard Consumer Safety Specification for
Infant and Cradle Swings.'' The change to the title did not alter
the scope of the standard; performance requirements and test methods
for cradle swings had been in the scope of the standard since ASTM
first adopted it. The revision was a clarifying change to the title
to make it clear that the standard also applied to cradle swings.
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In May 2022, ASTM published a revised version of the incorporated
voluntary standard. On July 5, 2022, ASTM notified the Commission that
it had approved and published the revised version of the voluntary
standard. On July 14, 2022, the Commission provided notice in the
Federal Register of the availability of the revised standard and sought
comment on the effect of the revisions on the safety standard for
infant swings. (87 FR 42117). No comments were received.
As discussed in section B. Revisions to ASTM F2088, based on CPSC
staff's review of ASTM F2088-22,\2\ the Commission will allow the
revised voluntary standard to become the mandatory standard.\3\
Accordingly, by operation of law under section 104(b)(4)(B) of the
CPSIA, ASTM F2088-22 will become the mandatory consumer product safety
standard for infant swings on January 1, 2023. 15 U.S.C.
2056a(b)(4)(B). This direct final rule updates 16 CFR part 1223 to
incorporate by reference the revised voluntary standard, ASTM F2088-22.
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\2\ CPSC staff's briefing package regarding ASTM F2088-22 is
available at: http://www.cpsc.gov/s3fs-public/ASTMs-Revised-Safety-Standard-for-Infant-Swings_0.pdf?VersionId=1v3bF7g15OKsR.m3CMjqOAgCBamFKZO9.
\3\ The Commission voted 4-1 to approve this rule. Chair Hoehn-
Saric and Commissioners Baiocco, Feldman and Boyle voted to approve
publication of the rule as drafted. Commissioner Trumka voted to
determine that the proposed revision does not improve the safety of
infant swings and therefore not approve publication of the rule in
the Federal Register. Commissioner Trumka issued a statement in
connection with his vote.
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B. Revisions to ASTM F2088
The ASTM standard for infant swings includes performance
requirements, test methods, and requirements for marking, labeling, and
instructional literature, to address hazards to children associated
with infant swings. ASTM F2088 applies to swings with a powered
mechanism used to provide a swinging or gliding seat/cradle in any
direction relative to the frame. The swinging or gliding mechanism can
be powered by batteries, AC adapter, wind-up mechanism, or other means.
A cradle swing allows the infant to swing while lying flat. The cradle
swing is intended for children from birth until the infant begins to
push up on hands and knees (approximately 5 months). An infant swing
enables the infant to swing in a seated position and is intended for
children from birth until the infant attempts to climb out of the
product (approximately 9 months).
ASTM F2088-22 contains substantive changes to the specified warning
statement for infant swings in Section 8.6 Warning Statements.
Specifically, in Section 8.6.1 Infant Swing, the revised standard
changes the wording in the last warning bullet, as follows (changes are
highlighted in italics):
ASTM F2088-21: Stay near and watch infant during use. This
product is not safe for unsupervised use or unattended sleep.
ASTM F2088-22: Stay near and watch baby during use. This
product is not safe for sleep or unsupervised use. If baby falls
asleep, remove baby as soon as possible and place baby on a firm, flat
sleep surface such as a crib or bassinet.
Thus, the word ``infant'' is replaced with ``baby'' in the first
sentence. The order of the warnings is switched in the second sentence,
first to warn that the product is not safe for sleep, and then to warn
against unsupervised use. Lastly, a third new sentence provides
guidance advising caregivers to remove a baby who has fallen asleep to
a product that is safe for sleep.
The Commission assesses that the change from ``infant'' to ``baby''
makes the warning more personal to the parent or caregiver. Typically,
parents or caregivers identify the occupant of the swing as ``my baby''
or ``the baby,'' as opposed to the more impersonal, more clinical, and
generic term ``infant.'' The use of the term ``baby'' rather than
``infant'' also aligns with the Ad Hoc Working Task Group's wording
developed in late 2014.\4\
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\4\ The ASTM Ad Hoc Language Task Group (Ad Hoc TG) is made up
of members of the various durable nursery products voluntary
standards committees, including CPSC staff. The Ad Hoc TG was formed
to harmonize the wording of common provisions (e.g., introduction,
scope, protective components), as well as the warning label
requirements, across durable infant and toddler product voluntary
standards.
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The Commission assesses that the change from ``This product is not
safe for unsupervised use or unattended sleep'' to ``This product is
not safe for sleep or unsupervised use'' is an improvement in safety.
The statement ``. . . not safe for unsupervised use or unattended
sleep'' requires consumers to infer what is meant by ``unattended.''
\5\ Furthermore, consumers are likely to understand and comply with a
message directly instructing them on how to avoid the
hazard.6 7
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\5\ Smith, T.P. (2018). Human Factors Staff Response to NPR
Comments, and Revised Warning Requirements for High Chairs (CPSIA
Section 104). CPSC Memorandum to Stefanie C. Marques, Project
Manager, High Chairs Rulemaking, U.S. Consumer Product Safety
Commission, Rockville, MD. Accessed at: https://cpsc.gov/s3fs-public/Final%20Rule%20-%20Safety%20Standard%20for%20High%20Chairs%20-%20May%2030%202018.pdf?mBuoGQbhxpGcMFyO6it0gNeBOOFZrTA9.
\6\ Fors Marsh Group (2022). ``Consumer Product Safety
Commission (CPSC): Sleep Warnings Final Report'' U.S. Consumer
Product Safety Commission, Rockville, MD. (Task Order:
61320619F1101) Accessed at: https://cpsc.gov/s3fs-public/Consumer-Product-Safety-Commission%E2%80%93Sleep-Warnings-Final-Report.pdf?VersionId=MfJcAAip4YNWVf.RllvXQtwNN7chjHyt.
\7\ Wogalter, M.S.; Godfrey, S.S.; Fontenelle, G.A.;
DeSaulniers, D.R.; Rothstein, P.R.; and Laughery, K.R. (1987).
Effectiveness of Warnings. Human Factors, 29(5), 599-612.
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The Commission assesses that the addition of new language stating:
``If baby falls asleep, remove baby as soon as possible and place baby
on a firm, flat sleep surface such as a crib or bassinet'' is an
improvement in safety. The basis for this addition is the American
Academy of Pediatrics guidance on safe sleep, which states: ``If your
baby falls asleep in a car seat, stroller, swing, infant carrier or
sling, you should move
[[Page 57392]]
them to a firm sleep surface on their back as soon as possible.'' \8\
(Emphasis added). The new language clearly states that a swing is not
safe for sleep. The new warning language instructs that in the case
that the baby falls asleep, caregivers should move the baby to a firm,
flat sleep surface. The new language provides tangible examples that
consumers can refer to as safe sleep surfaces, such as a crib and a
bassinet. In addition, CPSC staff contracted a focus group study \9\
including contextual interviews to gather caregivers' perspectives
regarding products in which infants may fall asleep, that the
manufacturer asserts are not intended for infant sleep. This study
sought to capture caregivers' beliefs about the safety, utility, and
risks of infants falling asleep in seated products, their reaction to
labels designed to warn against unsupervised sleep, and their ability
to discern how those labels influence caregiver behavior. Caregivers
evaluated specific language, which states: ``If baby falls asleep, move
baby as soon as possible to a firm, flat sleep surface such as a crib
or bassinet.'' Overall, the phrase was well received and met parents
and caregivers' request for clear guidance on what to do if their child
falls asleep in one of these products.
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\8\ https://www.healthychildren.org/English/ages-stages/baby/
sleep/Pages/A-Parents-Guide-to-Safe-
Sleep.aspx#:~:text=If%20your%20baby%20falls%20asleep,specifically%20m
arketed%20for%20infant%20sleep.
\9\ Fors Marsh Group (2022). ``Refining Sleep Messaging for
Seated/Non-Sleep Products Focus Group Study'' U.S. Consumer Product
Safety Commission, Rockville, MD. (Task Order: 61320621F1006)
Accessed at: https://cpsc.gov/s3fs-public/Refining-Sleep-Messaging-for-Seated-Non-Sleep-Products-Focus-Group-Study-4-15-22.pdf?VersionId=aEey8C2nwBfXGrmCEYcLr7QEXexqZMmg.
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In summary, the revised warning statement provides concise guidance
to parents and caregivers that infant swings are not safe for sleep and
provides guidance that is consistent with CPSC messaging about the
importance of placing sleeping babies on firm, flat sleep surfaces. In
addition, the revised warning statement adopts a more personal tone
with use of the word ``baby'' instead of ``infant.'' The Commission
concludes that these changes to the warning statement improve the
safety of infant swings.
C. Incorporation by Reference
Section 1223.2 of the direct final rule incorporates by reference
ASTM F2088-22. 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 F2088 of this preamble summarizes the major provisions of ASTM
F2088-22 that the Commission incorporates by reference into 16 CFR part
1223. The standard itself is reasonably available to interested
parties. Until the direct final rule takes effect, a read-only copy of
ASTM F2088-22 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 Office of the Secretary, U.S. Consumer Product
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814,
telephone: (301) 504-7479; email: [email protected]. Interested parties
can purchase a copy of ASTM F2088-22 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 infant swings are children's products, a CPSC-accepted
third party conformity assessment body must test samples of the
products. Products subject to part 1223 also must comply with all other
applicable CPSC requirements, such as the lead content requirements in
section 101 of the CPSIA,\10\ the tracking label requirements in
section 14(a)(5) of the CPSA,\11\ and the consumer registration form
requirements in section 104(d) of the CPSIA.\12\ ASTM F2088-22 makes no
changes that would impact any of these existing requirements.
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\10\ 15 U.S.C. 1278a.
\11\ 15 U.S.C. 2063(a)(5).
\12\ 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
infant swings. 78 FR 15836 (March 12, 2013). The NOR provided the
criteria and process for CPSC to accept accreditation of third party
conformity assessment bodies for testing infant swings to 16 CFR part
1223. 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 F2088-22 did not change the testing requirements, testing
equipment, or testing protocols for infant swings. Accordingly, the
revisions do not change the way that third party conformity assessment
bodies test these products for compliance with the safety standard for
infant swings. Testing laboratories that have demonstrated competence
for testing in accordance with ASTM F2088-21 are competent to test in
accordance with the revised standard ASTM F2088-22. Laboratories will
begin testing to the new standard when ASTM F2088-22 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 F2088-21 to be capable of testing to
ASTM F2088-22 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 July 14, 2022, the Commission provided notice in the Federal
Register of the revision to the standard and
[[Page 57393]]
requested comment on whether the revision improves the safety of infant
swings covered by the standard. 87 FR 42117. 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 unnecessary.
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 F2088-22 to become
CPSC's new standard because its provisions improve the safety of the
product. 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 CPSIA, ASTM F2088-22 takes effect as the new
CPSC standard for infant swings, 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 January 1,
2023. 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 infant swings 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 revises the labeling language for infant swings, the revised
language would not add to the burden hours because the products already
require marking, labeling, and instructional literature under the
current standard. The revised labeling provisions merely require
different language to that already required by the standard, which
would impose minimal if any additional burden because the firm is
already required to put labels on the product. The Commission took the
steps required by the PRA for information collections when it
promulgated 16 CFR part 1223, and the marking, labeling, and
instructional literature for infant swings are 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. 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
[[Page 57394]]
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 infant
swings. Therefore, ASTM F2088-22 will take effect as the new mandatory
standard for infant swings on January 1, 2023, 180 days after July 5,
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 1223
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 1223--SAFETY STANDARD FOR INFANT SWINGS
0
1. The authority citation for part 1223.2 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. 1223.2 to read as follows:
Sec. 1223.2 Requirements for Infant Swings.
Each infant swing must comply with all applicable provisions of
ASTM F2088-22, Standard Consumer Safety Specification for Infant and
Cradle Swings, approved on May 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, 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, 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. 2022-20246 Filed 9-19-22; 8:45 am]
BILLING CODE 6355-01-P