[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Rules and Regulations]
[Pages 91545-91551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27042]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1226
[Docket No. CPSC-2013-0014]
Safety Standard for Soft Infant and Toddler Carriers
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In March 2014, the U.S. Consumer Product Safety Commission
(CPSC or Commission) published a safety standard for soft infant and
toddler carriers under section 104 of the Consumer Product Safety
Improvement Act of 2008 (CPSIA). The standard incorporated by reference
ASTM F2236-14, Standard Consumer Safety Specification for Soft Infant
and Toddler Carriers, the voluntary standard
[[Page 91546]]
for soft infant and toddler carriers that was in effect at the time.
ASTM has now issued a revised standard, ASTM F2236-24. Consistent with
the CPSIA, this direct final rule updates the mandatory standard to
incorporate by reference ASTM's 2024 version of the voluntary standard.
DATES: The rule is effective on February 22, 2025, unless CPSC receives
a significant adverse comment by December 20, 2024. 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 22,
2025.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2013-
0014, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://www.regulations.gov. Follow the
instructions for submitting comments. CPSC typically does not accept
comments submitted by email, except as described below. CPSC encourages
you to submit electronic comments by using the Federal eRulemaking
Portal.
Mail/Hand Delivery/Courier/Confidential 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-2013-0014, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Will Cusey, Small Business Ombudsman,
U.S. Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone: (301) 504-7945 or (888) 531-9070; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
A. 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 adopt mandatory standards for these products. 15 U.S.C.
2056a(b)(1). The mandatory standard must be ``substantially the same
as'' the voluntary standard, or ``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 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 (CPSA; 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).
B. Safety Standard for Soft Infant and Toddler Carriers
Under section 104(b)(1) of the CPSIA, the Commission published a
mandatory standard for soft infant and toddler carriers, codified in 16
CFR part 1226, ``Safety Standard for Soft Infant and Toddler
Carriers.'' The rule incorporated by reference the then-current
voluntary standard, ASTM F2236-14, Standard Consumer Safety
Specification for Soft Infant and Toddler Carriers, without alteration.
79 FR 17422 (Mar. 28, 2014). ASTM F2236 applies to soft infant and
toddler carriers, defined as ``a product, normally of sewn fabric
construction, which is designed to contain a full term infant to a
toddler, generally in an upright position, in close proximity to the
caregiver.'' The mandatory standard includes performance requirements
and test methods, as well as requirements for warning labels and
instructions, to address hazards associated with soft infant and
toddler carriers.
After the Commission adopted the mandatory standard in 2014, ASTM
approved two more revisions: ASTM F2236-16 and ASTM F2236-16a. However,
ASTM did not notify CPSC of these revisions under CPSIA section
104(b)(4)(B). Consequently, the Commission did not update its mandatory
standard to incorporate by reference either of these revised ASTM
standards.
In July 2024, ASTM approved another revision to the voluntary
standard for soft infant and toddler carriers, ASTM F2236-24. On August
26, 2024, ASTM notified CPSC of the revision. On September 10, 2024,
the Commission published in the Federal Register a notice of
availability of the revised voluntary standard and sought comments on
the effect of the revisions. 89 FR 73320. CPSC received no comments on
the notice of availability.
As discussed below, based on staff's review of ASTM F2236-24, the
Commission will allow the revised voluntary standard to become the
mandatory standard for soft infant and toddler carriers because the
revised requirements in the voluntary standard improve the safety of
soft infant and toddler carriers overall; and none of the revised
requirements reduce safety.\1\ Accordingly, by operation of law under
section 104(b)(4)(B) of the CPSIA, ASTM F2236-24 will become the
mandatory consumer product safety standard for soft infant and toddler
carriers on February 22, 2025. 15 U.S.C. 2056a(b)(4)(B). This direct
final rule updates part 1226 to incorporate by reference the revised
voluntary standard, ASTM F2236-24.
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\1\ On November 13, 2024, the Commission voted (5-0) to approve
this rule.
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II. Revisions to ASTM F2236
ASTM has revised the voluntary standard for soft infant and toddler
carriers three times since its adoption of
[[Page 91547]]
ASTM F2236-14, which is the current mandatory standard. This section
describes the changes in these three versions of the standard--ASTM
F2236-16, ASTM F2236-16a, and ASTM F2236-24. The newly revised 2024
version includes the revisions that ASTM made in the two 2016 versions
of the standard.
A. ASTM F2236-16 and ASTM F2236-16a
On May 1, 2016, ASTM approved a revised version of the standard,
ASTM F2236-16. On September 1, 2016, ASTM approved another revised
version of the standard, ASTM F2236-16a. ASTM F2236-16 and ASTM F2236-
16a included several substantive and clarifying additions and
revisions, as well as editorial revisions that did not alter
substantive requirements in the standard or affect safety.
1. Substantive and Clarifying Revisions
ASTM F2236-14 only provided a general definition for ``fastener''
in section 3.1.6.\2\ ASTM F2236-16 included additions and revisions to
the definition of ``fastener'' to clarify which type of fastener,
primary load bearing, secondary load bearing, or non-load bearing, is
subject to each performance requirement. First, the Terminology section
of ASTM F2236-16 added definitions for ``primary load bearing
fastener'' (section 3.1.12) and ``secondary load bearing fastener''
(section 3.1.14).\3\ ASTM F2236-16a slightly modified these definitions
for clarity.\4\
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\2\ ASTM F2236-14 and ASTM F2236-16 defined ``fastener'' as a
``mechanical means of attachment that may also allow for adjustments
of the product fit to wearer and occupant including, but not limited
to, buckles, snaps, rings, D-rings, hook-and-loop, etc., and
excluding fabric-only means of attachment and fit adjustment such
as, but not limited to, consumer-tied knots.''
\3\ ASTM F2236-16, in section 3.1.12, defined ``primary load
bearing fastener'' as ``any fastener used in the attachment of the
product to the caregiver which provides support for the child or is
used to attach that support of the child to the caregiver, or both,
that is subject to the direct force of the occupant load, including
those fasteners associated with positioning or supporting the
child's torso within the carrier.'' Section 3.1.14 defined
``secondary load bearing fastener'' as ``any fastener used in the
attachment of the product to the caregiver which provides aid to the
wearer for positioning primary load bearing components (for example,
sternum strap fasteners). Such fasteners are subject to forces less
than those exhibited by the direct occupant load in intended/
foreseeable use.''
\4\ ASTM F2236-16a deleted ``used in the attachment of the
product to the caregiver'' because it was not relevant to the
definition of load bearing fasteners and could cause confusion.
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ASTM F2236-16 also included revisions to the performance
requirements regarding fastener strength and strap retention (section
6.4) to clarify that primary load bearing fasteners are the type of
fasteners that are subject to the performance requirements in section
6.4.1, which require an 80-pound load on the strap in accordance with
sections 7.7.1 and 7.7.2; secondary load bearing fasteners are the type
of fasteners that are subject to the performance requirements in
section 6.4.2, which require a 45-pound load on the strap in accordance
with sections 7.7.1 and 7.7.3; and non-load bearing fasteners intended
to retain accessory items or fasteners which do not provide support or
securement of the child's torso within the carrier are exempt from the
requirements in section 6.4.
ASTM was made aware of questions and varying interpretations of
ASTM F2236-14 that could result in straps not being tested to their
proper test method, which would make the testing less stringent in some
cases (specifically, if a fastener that is meant to be tested to
section 7.7.2 is instead tested to the less stringent 7.7.3). In
response, ASTM made these revisions to ensure that fasteners are tested
using the proper test method. These revisions do not change which
fasteners should be subject to each performance requirement. However,
the revisions improve the clarity of the standard and better ensure
that third party laboratories consistently test fasteners using the
proper test method. As a result, these revisions will improve the
safety of soft infant and toddler carriers.
ASTM F2236-16a included further clarifying additions and revisions
to test methods. ASTM F2236-14 included a Dynamic Load Test in which
products are tested by repeatedly dropping a mass into the product in
each of its carrying positions/configurations. This test is performed
to evaluate the structural integrity of the product as it relates to
occupant retention, as well as the slippage of the product's adjustable
support/shoulder straps. This test is meant to ensure that products do
not create a hazardous condition as defined by Section 5 (examples:
sharp edges and small parts), do not fail structurally, and do not fall
off the wearer during normal use. Section 7.2.1.1 specified that the
test must be performed with either a 25 lb mass or a mass equal to the
manufacturer's recommended maximum weight for the specific carrying
position of the product, whichever is greater. ASTM F2236-16a, however,
added the word ``occupant'' before ``weight'' to clarify that that the
weight being referred to in this section is the maximum occupant
weight. ASTM explained in the Rationale section (section X1.2.1) that
the ``occupant'' weight clarification was made to be consistent with
the terminology used in the Static Load Test in section 7.2.2.3. ASTM
also explained that the maximum weight for load tests was always
intended to be the recommended maximum occupant weight, and that any
additional weight from accessory items that come with the product or
are sold specifically for use with the product and stored in pockets or
pouches is negligible and need not be considered in the recommended
carry weight of the product. While these revisions improve the clarity
of the test method and ensure that the test is applied consistently,
they do not increase the stringency of the test method or impact the
outcome of performance testing because the accessory items generally
consist of hoods, straps and similar components of the carrier that are
stored in pockets or pouches and are not heavy enough to make a
meaningful difference. Additionally, since neither version of the test
specifies evaluating a product's pockets/pouches, this revision does
not affect the structural integrity of pockets/pouches (which are not
spaces that contain a child). Therefore, they are neutral regarding the
safety of soft infant and toddler carriers.
In addition, ASTM F2236-16a included revisions to the Unbounded Leg
Opening Test (section 7.6.2). This test involves securing a product to
a test torso, placing a 17 lb shot bag, meant to represent the weight/
size of an occupant into the product, placing the truncated test cone
\5\ into a leg opening of the product, and applying a 5 lb force to the
test cone for a minute to try to push the test cone through the leg
opening. To meet the performance requirements, products shall not allow
the truncated test cone to pass through any of the leg openings. This
test is meant to evaluate the product's leg openings and ensure that
occupants cannot slip through the leg openings. Section 7.6.2 of ASTM
F2236-14 only instructed that adjustable leg openings should be
adjusted to their ``smallest size'' as described in the manufacturer's
literature or instructions. ASTM F2236-16a clarified that adjustable
leg openings should be adjusted to ``the size recommended for the
smallest suitable occupant'' as described in the manufacturer's
literature or instructions. ASTM made this clarification to address
products for which, when the seat width
[[Page 91548]]
is configured to accommodate the smallest suitable occupant, the leg
openings are not in their smallest possible configuration. In these
instances, staff assesses that it is appropriate to test the leg
openings based on the product configuration most appropriate for the
smallest occupant, rather than the configuration that produces the
smallest leg opening. Specifically, the smallest occupant could have a
larger leg size than the smallest possible opening. As large leg
openings are more likely than small leg openings to fail the Unbounded
Leg Opening Test by allowing the test cone to pass through, this
revision makes the test more stringent for products where a larger leg
opening is appropriate for the smallest suitable occupant. Therefore,
this revision is an improvement to safety.
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\5\ The truncated test cone is 4.7 inches long, 4.7 inches in
diameter at one end, and 3.0 inches in diameter at the other end.
The 4.7-inch diameter is meant to simulate the 50th percentile hip
circumference of the smallest child likely to use the carrier (i.e.,
7 to 8 lbs).
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2. Non-Substantive Revisions
ASTM F2236-16 and ASTM F2236-16a also included several minor
additions and revisions that were editorial in nature and did not alter
any substantive requirements in the standard. For example, ASTM F2236-
16 updated section and figure numbers to reflect the substantive and
clarifying revisions. ASTM also updated the Rationale sections of both
standards to provide explanatory information about the 2016 revisions.
Because these revisions did not change any substantive requirements,
they are neutral regarding the safety of soft infant and toddler
carriers.
B. ASTM F2236-24
On July 1, 2024, ASTM approved a revised version of the standard,
ASTM F2236-24. ASTM F2236-24 includes several substantive additions and
revisions, revisions to clarify existing requirements, and editorial
revisions that do not alter substantive requirements in the standard or
affect safety. All the revisions in both 2016 ASTM versions of the
standard are included in the newly revised version, ASTM F2236-24. Many
of the changes in ASTM F2236-24 are intended to align with ASTM's Ad
Hoc Wording Task Group (Ad Hoc TG) recommendations for durable infant
and toddler product standards. In December 2013, ASTM convened the Ad
Hoc TG, consisting of members of the various durable nursery products
voluntary standards committees, including CPSC staff. The purpose of
the Ad Hoc TG is to harmonize the wording, as well as the warning
format, across durable infant and toddler product voluntary standards.
This latest revision to the Ad Hoc TG recommendations is in a reference
document titled ``Recommended Language Approved by Ad Hoc Task Group
Revision H,'' and is a part of the ASTM's F15 Committee Documents.
1. Substantive and Clarifying Revisions
a. Terminology
In the Terminology section of ASTM F2236-24, the definition of
``static load'' is revised. ASTM F2236-14 defined the term as
``vertically downward force applied by a calibrated force gage or by
dead weights.'' ASTM F2236-24 revises the term by replacing the word
``force'' with ``load'' and replacing ``a calibrated force gage or by
dead weights'' with ``weights or other means,'' so that the definition
is revised to state ``vertically downward load applied by weights or
other means.'' These changes were made to align with Ad Hoc TG
recommendations. Because these revisions simply modify wording and do
not change the substantive meaning of the terms or change the
stringency of the standard, they are neutral regarding the safety of
soft infant and toddler carriers.
b. Flammability
ASTM F2236-24 makes revisions to section 5.7 regarding
flammability, which include renaming the section to ``Flammability of
Soft Infant and Toddler Carriers'' from ``Flammability of Textile
Products.'' ASTM F2236-24 also replaces the word ``product'' with
``fabrics'' in section 5.7.1 to clarify that fabrics, rather than
products, are subject to the flammability requirements in 16 CFR part
1610--Standard for the Flammability of Clothing Textiles. In addition,
section 5.7.2 of ASTM F2236-14 stated that ``[i]f a soft infant and
toddler carrier is incapable of being evaluated to the requirements of
16 CFR 1610 due to construction characteristics, the product shall not
be flammable as defined under 16 CFR 1500.3(c)(6)(vi) [``Flammable
solid'' definition] when tested in accordance with Consumer Safety
Specification F963, Annex 5.'' ASTM F2236-24 revises section 5.7.2 to
clarify that ``[c]omponents of the product that contain padding
material(s) shall not be flammable as defined under 16 CFR
1500.3(c)(6)(vi) when tested in accordance with Consumer Safety
Specification F963, Annex A5.'' ASTM made these revisions in response
to reports that several testing laboratories were not evaluating
fabrics to 16 CFR 1610 and were instead evaluating them to 16 CFR
1500.3(c)(6)(vi). These revisions improve the clarity of the standard
by specifying that all fabrics are subject to 16 CFR 1610, with the
exception of padding components that are to be tested to 16 CFR
1500.3(c)(6)(vi) using the test method in Consumer Safety Specification
F963, Annex A5. These revisions also ensure that fabrics and padding
materials are consistently being tested to the flammability
requirements/test method best suited for their characteristics.
(Fabrics are generally not well-suited for testing to the F963, Annex
A5 test method.) Therefore, these changes constitute an improvement to
safety.
Also, the revised ASTM standard adds a note that the exemptions for
flammability testing listed in 16 CFR 1610.1(d) and 1610.6(a)(1)(vi)
apply when a fabric is subject to the requirements of 16 CFR part 1610.
The exemptions include the following fabrics: plain surface fabrics,
regardless of fiber content, weighing 2.6 ounces per square yard or
more; all fabrics, both plain surface and raised-fiber surface
textiles, regardless of weight, made entirely from any of the following
fibers or entirely from combination of the following fibers: acrylic,
modacrylic, nylon, olefin, polyester, and wool; and narrow fabrics and
loose fibrous materials manufactured less than 50 mm (2 in) in width in
either direction. Although only indirectly stated, these exemptions
under 16 CFR 1610.1(d) and 1610.6(a)(1)(vi) previously were recognized
as part of the standard and applied by test laboratories assessing
products to ASTM F2236-14. Because the additional note does not provide
for any new exemptions that were not already in existence at the time
of ASTM F2236-14, it is neutral regarding the safety of soft infant and
toddler carriers.
Additionally, per the recommendation of the Ad Hoc TG, ASTM F2236-
24 adds a requirement that non-toy accessories that are sold with and
are intended to be attached to the product are also subject to the
flammability requirements of section 5.7. ASTM made this new
requirement to ensure that non-toy accessory products such as hoods and
bibs that are commonly included with and attached to soft infant and
toddler carriers are subject to flammability requirements as well.
Because these accessory products attach to the soft infant and toddler
carriers, they pose a foreseeable flammability hazard. Therefore, this
change introducing a new requirement for non-toy accessories improves
safety because it ensures that these accessory products are also
subject to the flammability requirements of section 5.7.
[[Page 91549]]
c. Marking and Labeling
ASTM F2236-24 introduces an additional required warning statement
for carriers that allow for nursing. This warning applies to all
carriers except those that possess characteristics which render it
impossible for the caregiver to nurse their baby while the baby is in
the carrier. This warning instructs caregivers to reposition their baby
after nursing so that the baby's face is not pressed against the
caregiver's body. The new warning statement informs that if a baby's
face is pressed against the caregiver's body while in the carrier, the
baby could suffocate. The additional warning statement is an
improvement to safety because it addresses a suffocation hazard pattern
observed in soft infant and toddler carriers. There is no warning
statement that addresses this suffocation hazard pattern in the 2014
version of the standard incorporated in 16 CFR part 1226.
In addition, section 8 of ASTM F2236-24 includes several revisions
to the marking and labeling requirements to bring the standard into
alignment with current Ad Hoc TG recommendations. These revisions
include:
requiring that the warnings be easy to read and understand
and be in the English language at a minimum (section 8.4.1);
requiring that any marking or labeling provided in
addition to those required not contradict the meaning of the required
information (section 8.4.2);
requiring that the warnings conform to ANSI Z535.4-2011
and other sections of the standard, which provide guidance on
formatting (font size, layout, use of signal words, colors, and etc.)
of warning labels (section 8.4.4);
adding a note that typefaces with large height-to-width
ratios (i.e., condensed, compressed, or narrow) should be avoided (Note
4);
requiring that the message panel text layout be left-
aligned, ragged-right for all but one-line text messages, which can be
left-aligned or centered (section 8.4.6.1);
adding Figure X1.1 in Appendix X1 to show examples of
left-aligned text as described in section 8.4.6.1 (Note 5);
updating Figure 5 to illustrate changes to section 8 and
explaining that it is presented as an example for the display of the
required warnings (section 8.5.3); and
adding a note to section 8.5 explaining that verbiage
other than what is shown can be used as long as the meaning is the same
or information that is product-specific is presented (Note 6).
Because these revisions provide a consistent format for
manufacturers to follow and improve messaging so that it is more
conspicuous, clear, noticeable, easily readable, and understandable to
the consumer, they are an improvement to safety. Other revisions
include requiring that the marking and labeling on the product and its
retail package include both the place of business and telephone number
of the manufacturer, distributor, or seller (section 8.1.1); and
requiring that the marking and labeling on the product be permanent
(section 8.2). The revision in section 8.1.1 is an improvement to
safety because it provides more information to the consumer, so that
the consumer has more than one way of contacting the manufacturer,
distributor, or seller if they have any safety-related questions or
concerns. The revision in section 8.2 is also an improvement to safety
because it ensures that marking and labeling will not fall off of the
product, so that marking and labeling would better be able to withstand
normal wear and tear and remain visible to the consumer.
Also, in some places for warnings on the product, use of the words
``infant,'' ``infants,'' ``child,'' and ``children'' have been replaced
with ``baby'' or ``babies'' (sections 8.5 and 8.6). Because these
revisions don't affect the substance of the messaging, they are neutral
regarding the safety of soft infant and toddler carriers.
d. Instructional Literature
ASTM F2236-24 includes several revisions to the instructional
literature requirements in section 9 for consistency with the current
Ad Hoc TG recommendations and the revised warning label requirements in
section 8. These revisions to the instructional literature requirements
include adding requirements that instructions be in the English
language at a minimum; that warnings in the instructions meet certain
requirements specified in section 8 with regard to contrast with the
background; and that any instructions provided in addition to those
required shall not contradict or confuse the meaning of the required
information or be otherwise misleading to the consumer. These revisions
also include a note referencing ANSI Z535.6 for additional guidance on
the design of warnings for instructional literature. These revisions
improve the safety of soft infant and toddler carriers by providing a
consistent format for manufacturers to follow and providing messaging
that is clear, noticeable, and consistent with the corresponding
marking and labeling requirements to the consumer.
In addition, in some places, in the instructional literature, use
of the words ``infant,'' ``infants,'' ``child,'' and ``children'' have
been replaced with ``baby'' or ``babies'' (sections 9.2 and 9.3).
Because these revisions don't affect the substance of the messaging,
they are neutral regarding the safety of soft infant and toddler
carriers.
2. Non-Substantive Revisions
ASTM F2236-24 also includes several minor additions and revisions
that are editorial in nature and do not alter any substantive
requirements in the standard. These revisions include formatting
changes to align with ASTM form and style guidelines, and adjustments
to section and figure numbers to reflect revised and new sections and
figures. ASTM also updated the Rationale section in the standard to
provide explanatory information about the revisions. Because these
revisions do not change any substantive requirements, they are neutral
regarding the safety of soft infant and toddler carriers.
III. Incorporation by Reference
Section 1226.2 of the direct final rule incorporates by reference
ASTM F2236-24. 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 of the 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 II of this preamble
summarizes the material in ASTM F2236-24 that the Commission
incorporates by reference into 16 CFR part 1226. The standard is
reasonably available to interested parties in several ways. Until the
direct final rule takes effect, a read-only copy of ASTM F2236-24 is
available for viewing 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 on the ASTM website at: www.astm.org/READINGLIBRARY/. Additionally, interested parties can purchase a copy
of ASTM F2236-24 from ASTM International, 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA 19428-2959; telephone: (610) 832-9500;
www.astm.org. Finally, interested parties can schedule an appointment
to inspect a copy of the standard at CPSC's Office of the Secretary,
U.S. Consumer
[[Page 91550]]
Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814;
telephone: (301) 504-7479; email: [email protected]. Interested parties
can also schedule an appointment to inspect a copy of the standard at
the National Archives and Records Administration by emailing
[email protected], or going to: www.archives.gov/federal-register/cfr/ibr-locations.html.
IV. Certification
Section 14(a) of the CPSA (15 U.S.C. 2063(a)) requires
manufacturers, including importers, 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
CPSC-accepted third party conformity assessment body accredited 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 soft infant and toddler carriers are children's products, a
CPSC-accepted third party conformity assessment body must test samples
of the products. Products subject to part 1226 must also comply with
all other applicable CPSC requirements, such as the lead content
requirements in section 101 of the CPSIA,\6\ the phthalates
prohibitions in section 108 of the CPSIA \7\ and 16 CFR part 1307, the
tracking label requirements in section 14(a)(5) of the CPSA,\8\ and the
consumer registration form requirements in 16 CFR part 1130. ASTM
F2236-24 makes no changes that would impact any of these existing
requirements.
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\6\ 15 U.S.C. 1278a.
\7\ 15 U.S.C. 2057c.
\8\ 15 U.S.C. 2063(a)(5).
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V. Notice of Requirements
In accordance with section 14(a)(3)(B)(vi) of the CPSA (15 U.S.C.
2063(a)(3)(B)(vi)), the Commission previously published a notice of
requirements (NOR) for accreditation of third party conformity
assessment bodies (third party labs) for testing soft infant and
toddler carriers. 79 FR 17433 (Mar. 28, 2014). The NOR provided the
criteria and process for CPSC to accept accreditation of third party
conformity assessment bodies for testing soft infant and toddler
carriers to 16 CFR part 1226. 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. The NOR for accreditation of
third party labs for testing soft infant and toddler carriers is
codified at 16 CFR 1112.15(b)(37).
ASTM F2236-24 did not change the testing requirements, testing
equipment, or testing protocols for soft infant and toddler carriers.
Although ASTM F2236-16 and ASTM F2236-16a contained revisions relating
to the testing requirements, these revisions served only to clarify
previously existing requirements and did not require additional
equipment or test protocols beyond those that already exist in the
standard. Accordingly, the revisions in these versions of the standard
have not changed the way that third party conformity assessment bodies
test these products for compliance with the safety standard for soft
infant and toddler carriers. Testing laboratories that have
demonstrated competence for testing in accordance with ASTM F2236-14
will have the competence to test in accordance with the revised
standard ASTM F2236-24. Therefore, the Commission considers the
existing CPSC-accepted laboratories for testing to ASTM F2236-14 to be
capable of testing to ASTM F2236-24 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.
VI. Direct Final Rule Process
On September 10, 2024, the Commission published in the Federal
Register a notice of availability regarding the 2024 revision to ASTM
F2236 and requested comment on whether the revision improves the safety
of soft infant and toddler carriers covered by the standard. 89 FR
73320. CPSC received no comments. 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 previously incorporated by reference under section 104(b) of
the CPSIA, notice and comment are not necessary.
The purpose of this direct final rule is to update the reference in
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 F2236-24
would take effect as the new CPSC standard for soft infant and toddler
carriers in the absence of any action by the Commission. Thus, public
comments would not lead to substantive changes to the standard or to
the effect of the revised standard as a consumer product safety rule
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 that are 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. CPSC did not receive any adverse comments about the
requirements in this update in response to the notice of availability
published on September 10, 2024.
Unless CPSC receives a significant adverse comment within 30 days
of this notification, the rule will become effective on February 22,
2025. 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
that undermines ``the rule's underlying premise or approach,'' or a
showing that the rule ``would be ineffective or unacceptable without
change.'' 60 FR 43108, 43111. As noted, this rule updates a reference
in the CFR to reflect a change that occurs by statute.
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
[[Page 91551]]
direct final rule or publish a notice of proposed rulemaking, providing
an opportunity for public comment.
VII. 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 VI
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.
VIII. Paperwork Reduction Act
The current mandatory standard includes requirements for marking,
labeling, and instructional literature that constitute a ``collection
of information,'' as defined in the Paperwork Reduction Act (PRA; 44
U.S.C. 3501-3521). While the revised mandatory standard adds marking,
labeling, and instructional literature requirements for soft infant and
toddler carriers, the new requirements would not materially add to the
burden hours because the products already require marking, labeling,
and instructional literature. The new requirements merely require
revisions to the labeling language in addition to that already required
by the standard. The Commission took the steps required by the PRA for
information collections when it promulgated 16 CFR part 1226, and the
marking, labeling, and instructional literature for soft infant and
toddler carriers are currently approved under OMB Control Number 3041-
0159. The agency will consider whether OMB Control Number 3041-0159
should be revised for soft infant and toddler carriers in the next
scheduled update.
IX. Environmental Considerations
The Commission's regulations provide for a categorical exclusion
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). This rule
falls within the categorical exclusion, so no environmental assessment
or environmental impact statement is required.
X. 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.
XI. 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 determines 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 revised standard for soft infant and
toddler carriers. Therefore, ASTM F2236-24 automatically will take
effect as the new mandatory standard for soft infant and toddler
carriers on February 22, 2025, 180 days after the Commission received
notice of the revision. As a direct final rule, unless the Commission
receives a significant adverse comment within 30 days of this document,
the rule will become effective on February 22, 2025.
XII. 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 (OIRA) determines
whether a rule qualifies as a ``major rule.''
Pursuant to the CRA, OIRA 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 1226
Consumer protection, Imports, Incorporation by reference, Infants
and children, Labeling, Law enforcement, Safety, Toys.
For the reasons discussed in the preamble, the Commission amends 16
CFR chapter II as follows:
PART 1226--SAFETY STANDARD FOR SOFT INFANT AND TODDLER CARRIERS
0
1. The authority citation for part 1226 is revised to read as follows:
Authority: 15 U.S.C. 2056a.
0
2. Revise Sec. 1226.2 to read as follows:
Sec. 1226.2 Requirements for soft infant and toddler carriers.
Each soft infant and toddler carrier must comply with all
applicable provisions of ASTM F2236-24, Standard Consumer Safety
Specification for Soft Infant and Toddler Carriers, approved on July 1,
2024. 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. This
material is available for inspection at the U.S. Consumer Product
Safety Commission and at the National Archives and Records
Administration (NARA). Contact the U.S. Consumer Product Safety
Commission 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]. 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 also obtain a copy from ASTM International, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: (610) 832-
9500; www.astm.org.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-27042 Filed 11-19-24; 8:45 am]
BILLING CODE 6355-01-P