[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73241-73246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25812]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1216
[Docket No. CPSC-2009-0066]
Safety Standard for Infant Walkers
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In June 2010, the U.S. Consumer Product Safety Commission
(CPSC) published a consumer product safety standard for infant walkers
under section 104 of the Consumer Product Safety Improvement Act of
2008 (CPSIA), incorporating by reference the 2007 version of ASTM's
voluntary standard for infant walkers that was in effect at the time,
with modifications approved by the Commission. ASTM updated its
standard for infant walkers in 2012, and CPSC accepted the revised
voluntary standard, without any modifications, as the mandatory
standard for infant walkers. ASTM has notified CPSC of a 2022 update to
the infant walkers voluntary standard. This direct final rule updates
the mandatory standard for infant walkers to incorporate by reference
ASTM's 2022 version of the voluntary standard.
DATES: The rule is effective on February 25, 2023, unless CPSC receives
a significant adverse comment by December 29, 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 February 25,
2023.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2009-
0066, 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-2009-0066, 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). 15 U.S.C. 2056a(b)(4)(B). 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 Infant Walkers
Under section 104(b)(1) of the CPSIA, the Commission adopted a
mandatory rule for infant walkers, codified in 16 CFR part 1216. The
rule incorporated by reference ASTM F977-07, Standard Consumer Safety
Specification for Infant Walkers, with numerous modifications. 75 FR
35266 (June 21, 2010). ASTM revised the voluntary standard in 2012, to
ASTM F977-12. In June 2013, the Commission accepted the revision to the
standard as the
[[Page 73242]]
mandatory standard for infant walkers, without any modifications, and
published a direct final rule to incorporate by reference ASTM F977-12
into 16 CFR part 1216. 78 FR 37706 (June 24, 2013). ASTM revised the
voluntary standard in 2018 (ASTM F977-18) and 2022 (ASTM F977-22)
without notifying CPSC.
On August 29, 2022, ASTM notified CPSC that it has once more
revised the voluntary standard for infant walkers, by approving ASTM
F977-22e1 on June 1, 2022. On September 9, 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 infant walkers. 87 FR 55413
(Sep. 9, 2022). One comment was submitted by the Juvenile Products
Manufacturers Association, expressing support for the revised voluntary
standard and asserting that the revision improves safety.
As discussed in section B. Revisions to ASTM F977, based on CPSC
staff's review of ASTM F977-22e1,\1\ the Commission will allow the
revised voluntary standard to become the mandatory standard because it
improves the safety of infant walkers.\2\ Accordingly, by operation of
law under section 104(b)(4)(B) of the CPSIA, ASTM F977-22e1 will become
the mandatory consumer product safety standard for infant walkers on
February 25, 2023. 15 U.S.C. 2056a(b)(4)(B). This direct final rule
updates 16 CFR part 1216 to incorporate by reference the revised
voluntary standard, ASTM F977-22e1.
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\1\ CPSC staff's briefing package regarding ASTM F977-22e1 is
available at: https://www.cpsc.gov/s3fs-public/BPDraftDirectFinalRuletoRevise16CFRPart1216SafetyStandardforInfantWalkers.pdf?VersionId=rG8Qmw4TKkgazk37BVYgcJrFs8aLYy.B.
\2\ The Commission voted 4-0 to approve publication of this
direct final rule.
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B. Revisions to ASTM F977
The ASTM standard for infant walkers includes performance
requirements, test methods, and requirements for warning labels and
instructional literature, to reduce or prevent death or injuries to
children (such as cuts and bruises, burns, and skull fractures). ASTM
approved a revised version of ASTM F977 on June 15, 2022, and published
that ASTM F977-22 revision. In July 2022, however, ASTM made editorial
changes and published ASTM F977-22e1 as another revision.\3\ ASTM
notified CPSC of the ASTM F977-22e1 revision on August 29, 2022.
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\3\ ASTM F977-22 contained editorial errors that ASTM addressed
in ASTM F977-22e1 prior to notification to CPSC.
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The Commission concludes that ASTM F977-22e1 improves the safety of
infant walkers. Because ASTM did not notify CPSC of changes made to the
standard in ASTM F977-18 and ASTM F977-22, the Commission is now
evaluating the substantive and non-substantive changes made to ASTM
F977-12 in the 2018 and 2022 versions of the standard, as carried
through in the 2022e1 version.
1. Background Information on Tipping Tests
The ASTM F977 standard includes several tests to evaluate the
safety of infant walkers, including among others, the Tipping
Resistance Against an Immovable Object test, Occupant Leaning Over
Edge/Occupant Leaning Outward Over Edge of Walker test, and the
Prevention of Falls Down Step(s) test. The following discussion
explains how these particular tests are performed, as background for
the later discussion of ASTM's changes to the standard.
Tipping Resistance Against an Immovable Object (6.1.1/7.3.1)
This test simulates the walker tipping over while the wheels are
stopped against an immovable object. It is conducted by chocking, or
preventing the wheels of the walker from moving, and pulling the walker
with a horizontal force toward the chocks until it tips over. This test
is conducted in both the forward and rearward directions.
Occupant Leaning Over Edge (6.1.2)/Occupant Leaning Outward Over Edge
of Walker (7.3.4)
This test simulates a child leaning over the edge of the walker,
which may cause the walker to tip. It is conducted with a Federal
Aviation Administration Civil Aeronautical Medical Institute (CAMI)
dummy in both the forward and sideward directions on the floor. This
test is also performed after the Steps Tests (described below) with a
17-lb force applied on an aluminum angle affixed on top of the walker
with the CAMI dummy removed. This ensures the simulated child cannot
cause the walker to fall over at the step edge.
Prevention of Falls Down Step(s) (6.3)/Step(s) Tests (7.6)
This multipart test simulates a child traveling in the walker,
reaching the edge of the stairs, and potentially falling down the
stairs. It is conducted by placing and centering the infant walker on
top of the test platform surface in the forward direction a certain
distance, d, from the edge of the test platform. With a dummy in the
seat of the walker, an 8-lb weight is attached to the walker. When this
weight is released, the walker accelerates to the specified speed to
the edge of the test platform, or edge of the stairs, potentially
falling. This test is performed separately in the forward, rearward,
and sideward directions.
If the walker is stopped on the edge of the test platform by
various methods employed by manufacturers, such as friction pads, it is
still possible for the child to lean and cause the walker to fall down
the stairs. The Occupant Leaning Outward Over Edge of Walker test,
explained above, evaluates the product's ability to prevent this, and
to perform this test, the dummy must be removed. This test is conducted
for both forward and sideward directions.
2. Comparison and Review of ASTM F977-12 to Revisions Contained in ASTM
F977-22e1
a. Revisions in ASTM F977-18
Substantive Changes in ASTM F977-18
ASTM F977-18 made no substantive changes to ASTM F977-12.
Non-Substantive Changes in ASTM F977-18
The following changes to ASTM F977-18 are strictly editorial and do
not affect testing or performance requirements.
Section 1.6, part of the Scope, adds ``environmental'' to
the type of appropriate practices to establish for the health and
safety of testers. This section reminds testers that they are
responsible for establishing appropriate safety, health, and
environmental practices prior to and during testing.
Section 1.7, part of the Scope, adds: ``This international
standard was developed in accordance with internationally recognized
principles on standardization established in the Decision on Principles
for the Development of International Standards, Guides and
Recommendations issued by the World Trade Organization Technical
Barriers to Trade (TBT) Committee.''
Section 7.3.2.1, part of the Tipping Resistance Against an
Immovable Object test, replaces ``manufacturers'' with
``manufacturer's.''
Section 7.6.4.1, part of the Sideward Facing Step Test,
replaces ``most sideward wheel(s)'' with ``wheel(s) closest,'' for the
Prevention of Falls Down Steps test, clarifying that the distance from
the edge of the test platform to the center of the wheels should be
measured to the wheels closest to the edge of the test platform. This
is not a substantive change, but it
[[Page 73243]]
improves the rigor of testing to the extent it prevents misapplication.
Section X1.9, Rationale, was added to document the basis
for the Occupant Leaning Outward Over Edge of Walker test and the
mathematical calculations underlying it.
There was no change to testing, nor to performance requirements.
b. Revisions in ASTM F977-22
Substantive Changes in ASTM F977-22
ASTM F977-22 made the following substantive changes to ASTM F977-
18.
Section 7.6.1.8, part of Test Platform Specifications, and Section
7.6.3.2, part of the Forward Facing Step Test, were revised to require
the CAMI Infant Dummy Mark II to be secured to the front of the
occupant seating area (tray) during the Forward-Facing Step Test. Prior
to this change, the dummy could be unsecured. The original wording of
Section 7.6.1.8 stated ``may be secured,'' and was changed to ``shall
be secured.'' Section 7.6.3.2 was modified to include ``Secure the
dummy so that the front of the dummy's torso remains in contact with
the front of the occupant seating area during the test.''
The Forward-Facing Step Test is conducted to determine whether the
infant walker can prevent a child from falling downstairs by stopping
itself. The Commission concludes that this change improves the safety
of infant walkers because the weight of the CAMI dummy is placed
further forward, moving the center of gravity of the dummy closer to
the edge of the test platform, creating a more hazardous scenario for
the test. This results in a more stringent test, and the change from
``may'' to ``shall'' also ensures consistency during testing, by
specifying the dummy location for testing.
Section 7.6.4.2, part of the Sideward Facing Step Test, was changed
to require the CAMI Infant Dummy Mark II to be secured to the side of
the occupant seating area during the Sideward Facing Step Test. Prior
to this change, securing the dummy was optional. Similar to the
Forward-Facing Step Test, the Sideward-Facing Step Test is conducted to
determine whether the infant walker can prevent a child from falling
downstairs by stopping itself by various methods employed by
manufacturers, such as friction pads, but in the sideward direction.
The Commission concludes that this change improves the safety of infant
walkers because the weight of the CAMI dummy is placed further
sideward, moving the center of gravity of the dummy closer to the edge
of the test platform, making the walker more likely to tip over when
the walker leans over the edge of the test platform. This new test is a
worst case scenario than if the CAMI was not secured to the side of the
occupant seating area. This results in a more stringent test, and the
change from ``may'' to ``shall'' also ensures consistency during
testing, by specifying the dummy location for testing.
Section 7.6.5.2, part of the Rearward-Facing Step Test, now
requires the CAMI Infant Dummy Mark II to be secured to the back of the
occupant seating area during the Rearward-Facing Step Test. Prior to
this change, securing the dummy was optional. Similar to the Forward-
Facing Step Test, the Rearward-Facing Step Test is conducted to
determine whether the infant walker can prevent a child from falling
downstairs by stopping itself by various methods employed by
manufacturers, such as friction pads, but in the rearward direction.
The Commission concludes that this change improves the safety of infant
walkers because the weight of the CAMI dummy is placed more rearward,
moving the center of gravity of the dummy closer to the edge of the
test platform, making it more likely that the walker tips over when the
walker leans over the edge of the test platform. This results in a more
stringent test, and the change from ``may'' to ``shall'' also ensures
consistency during testing, by specifying the dummy location for
testing.
Non-Substantive Changes in ASTM F977-22
Numerous non-substantive changes were made to ASTM F977-22, such as
edits for clarity and consistency. These changes do not substantively
affect the testing or performance requirements. Examples include:
Sections 4.4, 4.6.1, 4.6.2, 7.1.1.2, 7.1.1.3, 7.1.2.2,
7.1.2.4, 7.3.4.2, 7.6.5.3, and 7.7.1 all add units of measurement in
the proper grammatical form. For instance, 73 9 [deg]F,
was rewritten to 73 [deg]F 9 [deg]F.
Section 7.3.2.1, part of the Forward Tip-Resistance test,
uncapitalizes ``Dummy's,'' replacing it with ``dummy's.''
Sections 7.3.2.3-7.3.3.5 replace wording in the Forward-
and Rearward Tip-Resistance test with language from ASTM F404-21,
Standard Consumer Specification for High Chairs. This new language
defines ``F1'' as the pretensioned force of 3 lb and adds
``While maintaining the force, establish the initial location of a
reference point some distance away from the force gauge.'' This
pretensioned force helps the tester identify the reference point at
which to start measuring the distance traveled when the horizontal
force is applied to tip the walker.
In Table 1, Summary of Step(s) Tests, the significant
figures for the specified weight of the CAMI dummy are corrected to
specify the actual weight of 17.4 lbs instead of 17 lbs.
Section 7.6.3.1, part of the Forward-Facing Step Test,
adds a non-mandatory note: ``To position the swivel wheels in the
direction of movement, the walker should be positioned approximately 3
in. from the calculated release distance then moved parallel to Plane A
until reaching the release point.'' This guidance allows for better
test consistency and better ensures the wheels are aligned to the
direction of travel for the most onerous configuration, as opposed to
manually rotating the wheels.
Section 7.6.3.2, part of the Forward-Facing Step Test, adds the
following notes: ``When positioning the dummy in the seat, a length of
military rope, as specified in Fig. 10, should be used to pull the
front of the dummy's torso in contact with the front of the occupant
seating area. The military rope must not restrain movement of the
dummy's head per 7.6.1.2.'' and ``To hold the walker stationary, a
mechanical device such as an archery bow release may be used to anchor
the walker until it is released per 7.6.3.4.'' Specifying the rope used
for this test results in consistent test results. No instructions for
securing the dummy existed prior to the ASTM F977-22 revision because
securing the dummy was not required. The second change provides a means
to secure the walker while it is being positioned for the test,
although other methods could be used.
c. Revisions in ASTM F977-22e1
Substantive Changes in ASTM F977-22e1
No substantive changes were made in ASTM F977-22e1.
Non-Substantive Changes in ASTM F977-22e1
The following changes to ASTM F977-22e1 are editorial and do not
affect testing or performance requirements.
Section 7.6.3.2 Note 8 changes the incorrectly referenced
section of 7.6.1.2 to section 7.6.1.8.
Section 7.6.4.2 Note 12 changes the incorrectly referenced
section of 7.6.1.2 to section 7.6.1.8.
Section 7.6.5.2 Note 16 changes the incorrectly referenced
section 7.6.1.2 to section 7.6.1.8.
[[Page 73244]]
Section 7.6.5.3 Note 17 changes the incorrectly referenced
sections 7.6.3.4 and 7.6.4.4 to section 7.6.5.4.
3. Commission's Assessment of the Revised Standard
The Commission concludes that the revisions to ASTM F977-12 that
were made by ASTM F977-18, ASTM F977-22, and ASTM F977-22e1 improve the
safety of infant walkers. Pursuant to the statute, the Commission will
allow the revised voluntary standard, ASTM F977-22e1, to become the
mandatory consumer product safety standard for infant walkers. This
rule will update the incorporation by reference in 16 CFR part 1216 to
reference ASTM F977-22e1 as the mandatory standard for infant walkers.
C. Incorporation by Reference
Section 1216.2 of the direct final rule incorporates by reference
ASTM F977-22e1. 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 F977 of this preamble summarizes the major provisions of ASTM
F977-22e1 that the Commission incorporates by reference into 16 CFR
part 1216. The standard is reasonably available to interested parties.
Until the direct final rule takes effect, a read-only copy of ASTM
F977-22e1 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 F977-22e1 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 walkers are children's products, a CPSC-accepted
third party conformity assessment body must test samples of the
products. Products subject to part 1216 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 F977-22e1 makes no
changes to ASTM F977-12 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
infant walkers. 75 FR 35282 (Jun. 21, 2010). The NOR provided the
criteria and process for CPSC to accept accreditation of third party
conformity assessment bodies for testing infant walkers to 16 CFR part
1216. 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.
CPSC-accepted testing laboratories that have ASTM F977-12 in their
scope of accreditation are competent to conduct testing to ASTM F977-
22e1. None of the changes to the standard would affect a CPSC-accepted
laboratory's ability to conduct testing to the revised standard.
The Commission therefore considers the existing CPSC-accepted
laboratories for testing to ASTM F977-12 to be capable of testing to
ASTM F977-22e1 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. Thus, laboratories will
begin testing to the new standard when ASTM F977-22e1 goes into effect
as the mandatory standard, 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 becomes CPSC's standard by operation of law. The
Commission is allowing ASTM F977-22e1 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 F977-22e1 takes effect as the new CPSC
standard for infant walkers even if the Commission does not issue this
rule. Thus, public comments would not alter substantive changes to the
[[Page 73245]]
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 February 25,
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 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 walkers 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). The Commission took the steps
required by the PRA for information collections when it promulgated 16
CFR part 1216, and the marking, labeling, and instructional literature
for infant walkers are currently approved under Office of Management
and Budget (OMB) Control Number 3041-0159. The revisions to the
voluntary standard made no changes to that section of the standard.
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 is taking neither of those
actions with respect to the standard for infant walkers. Therefore,
ASTM F977-22e1 will take effect as the new mandatory standard for
infant walkers on February 25, 2023, 180 days after August 29, 2022,
when the Commission received notice of the revision. All infant walkers
manufactured after February 25, 2023, must comply with this revised
standard.
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
Commission rules are categorically excluded 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, OMB's Office of Information and Regulatory
Affairs has determined that 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 1216
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 1216--SAFETY STANDARD FOR INFANT WALKERS
0
1. Revise the authority citation for part 1216 to read as follows:
Authority: 15 U.S.C. 2056a.
0
2. Revise Sec. 1216.2 to read as follows:
Sec. 1216.2 Requirements for infant walkers.
Each infant walker must comply with all applicable provisions of
ASTM F977-22e1, Standard Consumer Safety Specification for Infant
Walkers. ASTM F977-22e1, Standard Consumer Safety
[[Page 73246]]
Specification for Infant Walkers, approved June 15, 2022 is
incorporated by reference into this section with the approval of the
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part
51. This material is available for inspection at the Office of the
Secretary, U.S. Consumer Product Safety Commission at: 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. 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.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-25812 Filed 11-28-22; 8:45 am]
BILLING CODE 6355-01-P