[Federal Register Volume 91, Number 60 (Monday, March 30, 2026)]
[Rules and Regulations]
[Pages 15536-15540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-06080]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1233
[Docket No. CPSC-2015-0016]
Safety Standard for Portable Hook-On Chairs
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In March 2016, the U.S. Consumer Product Safety Commission
(CPSC or Commission) published a consumer product safety standard for
portable hook-on chairs based on the ASTM voluntary standard for
portable hook-on chairs. Currently, CPSC's mandatory standard
incorporates by reference ASTM F1235-18, Standard Consumer Safety
Specification for Portable Hook-on Chairs. The Consumer Product Safety
Improvement Act of 2008 (CPSIA) sets forth a process for updating
mandatory standards for durable infant or toddler products that are
based on a voluntary standard, when a voluntary standards organization
revises the standard. In January 2026, ASTM published a revised
voluntary standard. This direct final rule updates the mandatory
standard for portable hook-on chairs to incorporate by reference the
2025 version of ASTM F1235.
DATES: The rule is effective on July 19, 2026, unless the Commission
receives a significant adverse comment by April 29, 2026. If the
Commission receives such a comment, it will publish a notice 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 July 19, 2026.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2015-
0016, 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.
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,
[[Page 15537]]
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 to
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-2015-0016, 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];
Lawrence Mella, Project Manager, Division of Mechanical and Combustion
Engineering, U.S. Consumer Product Safety Commission, 5 Research Place,
Rockville, MD 20850; telephone: (301) 987-2537; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Statutory Authority and Background
A. Statutory Authority
Section 104(b) 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). Mandatory standards must be ``substantially the same as''
applicable voluntary standards, or they may be ``more stringent'' than
the voluntary standards, if the Commission determines that more
stringent requirements would further reduce the risk of injury
associated with the products. Id. Accordingly, mandatory standards may
be based, in whole or in part, on a voluntary standard.
Section 104(b)(4)(B) of the CPSIA specifies the process for when a
voluntary standards organization revises a standard the Commission has
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.
To reject a revised standard, the Commission must notify the voluntary
standards organization within 90 days of receiving the notice of
revision that the Commission has determined that the revised standard
does not improve the safety of the consumer product and that CPSC is
retaining the existing standard. If the Commission does not take this
action, 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 a later date
specified by the Commission in the Federal Register). 15 U.S.C.
2056a(b)(4)(B).
B. Safety Standard for Portable Hook-On Chairs
Pursuant to section 104(b)(1) of the CPSIA, on March 28, 2016, the
Commission published a mandatory consumer product safety standard that
incorporated by reference ASTM F1235-15, Standard Consumer Safety
Specification for Portable Hook-On Chairs. (81 FR 17062, March 28,
2016). The standard covers performance requirements, test methods, and
labeling requirements for portable hook-on chairs.
The ASTM standard incorporated by CPSC defines a portable hook-on
chair in section 1.3 as ``[u]sually a legless seat constructed to
locate the occupant at a table in such a position and elevation so that
the surface of the table can be used as a feeding surface for the
occupant . . . [s]upported solely by the table on which it is
mounted.'' Typical hook-on chairs consist of a fabric over a
lightweight frame, with a device to mount the seat to a support
surface, such as a table or counter. Some hook-on chairs fold for easy
storage or transport, and some include a removable tray that can be
used in conjunction with a table.
On September 24, 2018, the Commission published a direct final rule
revising the CPSC's mandatory standard for portable hook-on chairs. The
revision incorporated by reference the most recent version of the
applicable standard (ASTM F1235-18) at that time (83 FR 48219, Sept.
24, 2018). The updated standard included new requirements addressing
fabric passive crotch restraints.
On January 20, 2026, ASTM notified the Commission that it had
approved and published a newly revised version of the voluntary
standard for portable hook-on chairs, ASTM F1235-25. As explained in
sections II.A and II.B of this preamble, ASTM F1235-25 contains
substantive revisions that improve the safety of portable hook-on
chairs. The substantive changes add requirements for batteries, battery
compartments, and AC adapters. The Commission determines that these
changes improve the safety of portable hook-on chairs because of the
addition of performance and marking requirements for batteries, battery
compartments, and AC adapters that are consistent with other juvenile
products. Also, the standard's language was updated to align with ASTM
F15 Ad Hoc Language task group recommendations for consistency with
other ASTM juvenile product standards. The Commission determines that
these changes are safety neutral.
On January 29, 2026, the Commission published in the Federal
Register a Notice of Availability, requesting comment on whether the
2025 revision improves the safety of portable hook-on chairs. 91 FR
3846. CPSC received one comment that was out of scope.
Based on staff's evaluation of ASTM F1235-25, the Commission will
allow ASTM F1235-25 to become the new consumer product safety standard
for portable hook-on chairs. Pursuant to CPSIA section 104, the revised
voluntary standard will take effect as the new mandatory standard for
portable hook-on chairs on July 19, 2026. 15 U.S.C. 2056a(b)(4)(B).
This direct final rule updates 16 CFR part 1233 to incorporate by
reference the revised voluntary standard, ASTM F1235-25.
II. Revisions to ASTM F1235
ASTM F1235-25 includes several additions and revisions to ASTM
F1235-18, including new performance requirements, a test method, and
marking requirements for batteries, battery compartments, and AC
adapters, as well as ad-hoc language and editorial revisions that do
not alter substantive requirements in the standard or impact safety.
The Commission considers the revisions in ASTM F1235-25 to be an
improvement to the safety of portable hook-on chairs because the
revised standard added performance and marking requirements for
batteries, battery compartments, and AC adapters.
[[Page 15538]]
A. Performance and Testing Requirements
In section 6.8 of ASTM F1235-25, ASTM added requirements for
battery compartments to contain leaks, prevent charging of non-
rechargeable batteries through design or circuitry, limit surface
temperatures to 160 [deg]F (71 [deg]C) without causing fire or leakage,
and ensure AC adapters meet national safety standards with output below
30 VDC and 8 amps.
In section 7.14 of ASTM F1235-25, ASTM added the peak temperature
and battery leakage test. The test ensures that battery-powered
functions operate at maximum intensity using specified battery types or
AC power, under controlled conditions, to monitor peak temperature and
verify safety without disabling protective features.
B. Warnings and Instructions
In section 8.6 of ASTM F1235-25, ASTM added marking requirements
for portable hook-on chairs with batteries. The section states that
products with battery compartments must be permanently and clearly
labeled with battery specifications, and if they use non-replaceable
batteries accessible by common tools, they must also be marked to
indicate the batteries are not replaceable or include that information
in the instructions.
In section 9.4 of ASTM F1235-25, ASTM added cautionary statement
requirements that require products using replaceable batteries to
include cautionary instructions to prevent leaks and injuries,
emphasizing proper storage, disposal, and consistent battery
replacement practices.
The requirements discussed above to ASTM F1235 improve the product
safety of portable hook-on chairs by adding new performance, warning
and instruction requirements that mitigate hazards associated with
battery-powered features. While most hook-on chairs currently lack such
features, these revisions proactively address risks observed in other
juvenile products and align with established ASTM standards for
juvenile products.
C. Other Revisions
ASTM F1235-25 includes several language revisions to reflect
current ``ad hoc'' language recommendations, which are recommendations
from the ASTM F15 Ad Hoc Language task group to maintain consistent
language for requirements in ASTM juvenile product standards. Examples
include requirements addressing scissoring, shearing, and pinching
hazards; permanency of labels and warnings; and protective components.
The modifications are consistent with CPSC's interpretation of the
requirements in the current standard and therefore do not impact
safety.
ASTM F1235-25 also includes editorial revisions, such as adding the
parts of speech next to the terms in the terminology section, adding
dimensions to numbers (e.g., ``6 x 6 in.'' to ``6 in. x 6 in.''), and
updates to section and figure numbers to reflect revised and new
sections. These revisions do not impact safety because they do not
alter any substantive requirements in the standard.
III. Incorporation by Reference
Section 1233.2 of the direct final rule incorporates by reference
ASTM F1235-25. 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 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 revised provisions of ASTM F1235-25 that the Commission
incorporates by reference into 16 CFR part 1233. The standard is
reasonably available to interested parties in several ways. Until the
direct final rule takes effect, a read-only copy of ASTM F1235-25 is
available for viewing 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 on the ASTM website at: https://www.astm.org/READINGLIBRARY/. Additionally, interested parties can
purchase a copy of ASTM F1235-25 from ASTM International, 100 Barr
Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA;
phone: 610-832-9585; 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 Product Safety Commission, 4330
East-West Highway, Bethesda, MD 20814, telephone: 301-504-7479; email:
[email protected].
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 portable hook-on chairs are children's products, a CPSC-
accepted third party conformity assessment body must test samples of
the products. Products subject to part 1233 also must comply with all
other applicable CPSC requirements, such as the lead content
requirements in section 101 of the CPSIA,\1\ the phthalates
prohibitions in section 108 of the CPSIA,\2\ 16 CFR part 1307, the
tracking label requirements in section 14(a)(5) of the CPSA,\3\ and the
consumer registration form requirements in section 104(d) of the
CPSIA.\4\ ASTM F1235-25 makes no changes that would impact any of these
existing requirements.
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\1\ 15 U.S.C. 1278a.
\2\ 15 U.S.C. 2057c.
\3\ 15 U.S.C. 2063(a)(5).
\4\ 15 U.S.C. 2056a(d).
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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 portable hook-on
chairs. 81 FR 17062 (March 28, 2016). The NOR provided the criteria and
process for CPSC to accept accreditation of third-party conformity
assessment bodies for testing portable hook-on chairs to 16 CFR part
1233. 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 for portable hook-on chairs is codified at 16 CFR
1112.15(b)(40).
ASTM F1235-25 changed the testing requirements for portable hook-on
chairs by adding a peak temperature and battery leakage test. The new
peak temperature and battery leakage test is included in other juvenile
product
[[Page 15539]]
standards and can be conducted by accredited testing laboratories, as
these facilities generally possess the capability to evaluate a range
of different juvenile products. Therefore, testing laboratories that
have demonstrated competence for testing in accordance with other
juvenile product standards and ASTM F1235-18 will have the competence
to test in accordance with the revised standard ASTM F1235-25. Based on
the above, the Commission considers the existing CPSC-accepted
laboratories for testing to ASTM F1235-18 to be capable of testing to
ASTM 1235-25 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
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 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 F1235-25
takes effect as the new CPSC standard for portable hook-on chairs, even
if the Commission does not issue this rule. 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 2024-6, 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 89 FR 106406
(Dec. 30, 2024). 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). 89 FR 106406, 106409. ACUS also
explains that notice and comment may be ``unnecessary'' when the agency
lacks discretion regarding the substance of the rule. Id. at 106408. As
noted, this rule updates a reference in the CFR to reflect a change
that occurs by statute. 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 July 19, 2026.
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 challenges to the rule's
underlying premise or approach,'' or where the commenter explains why
the rule would be ineffective or unacceptable without change. Id. at
106409. 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 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. 5 U.S.C. 601-612. As discussed
in section VI of this preamble regarding the Direct Final Rule Process,
the Commission has determined that notice and the opportunity to
comment are unnecessary for this rule. Therefore, the RFA does not
apply. The Commission also notes the limited nature of this document,
which 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 for portable hook-on chairs includes
labeling requirements 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 and labeling
requirements for portable hook-on chairs, the new requirements would
not materially add to the burden hours because the products already
require marking and labeling. The Commission took the steps required by
the PRA for information collections when it promulgated 16 CFR part
1233, and the marking, labeling, and instructional literature for
portable hook-on chairs are currently approved under OMB Control Number
3041-0159. Because the information collection burden is essentially
unchanged, the revision does not affect the information collection
requirements or approval related to the standard. The agency will
consider whether OMB Control number 3041-0159 should be revised for
portable hook-on chairs 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)(2). 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
[[Page 15540]]
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 portable hook-on
chairs. Therefore, ASTM F1235-25 automatically will take effect as the
new mandatory standard for portable hook-on chairs on July 19, 2026,
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 notice, the rule will become effective
on July 19, 2026.
XII. Congressional Review Act and Executive Order 12866
Pursuant to the Congressional Review Act (CRA) and Executive Order
(E.O.) 12866, the Office of Management and Budget'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), and is
not a significant regulatory action as defined under section 2(f) of
E.O. 12866. 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 1233
Consumer protection, Imports, Incorporation by reference, Infants
and children, Labeling, Law enforcement, Safety.
For the reasons discussed in the preamble, the Commission amends 16
CFR chapter II as follows:
PART 1233--SAFETY STANDARD FOR PORTABLE HOOK--ON CHAIRS
0
1. The authority citation for part 1233 is revised to read as follows:
Authority: 15 U.S.C. 2056a.
0
2. Revise 1233.2 to read as follows:
Sec. 1233.2 Requirements for portable hook-on chairs.
Each portable hook-on chair must comply with all applicable
provisions of ASTM F1235-25, Standard Consumer Safety Specification for
Portable Hook-On Chairs, approved November 15, 2025. The Director of
the Federal Register approves the incorporation by reference listed in
this section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You
may obtain a copy of this ASTM standard from ASTM International, 100
Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA;
phone: 610-832-9585; http://www.astm.org/. You may inspect a copy at
the Division of the Secretariat, U.S. Consumer Product Safety
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814,
telephone 301-504-7923, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2026-06080 Filed 3-27-26; 8:45 am]
BILLING CODE 6355-01-P