Revisions to Safety Standard for Toddler Beds, 11317-11320 [2017-03332]

Download as PDF Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations effective March 11, 2016, for related information. This MCAI may be found in the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2016–9049. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (n)(3) and (n)(4) of this AD. (n) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Embraer Service Bulletin 145–30–0056, Revision 03, dated February 6, 2015. (ii) Embraer Service Bulletin 145LEG–30– 0021, dated March 31, 2014. (iii) Embraer Temporary Revision 19.1, dated April 22, 2014, to Volume 1 of the Embraer Legacy Aircraft Operations Manual AOM–135/1542–01. (iv) Embraer Temporary Revision 40.2, dated April 4, 2014, to Volume 1, of the Embraer EMB–145 Aircraft Operations Manual AOM–145/1114–01. (3) For service information identified in this AD, contact Empresa Brasileira de Aeronautica S.A. (Embraer), Technical Publications Section (PC 060), Av. Brigadeiro ˜ Faria Lima, 2170—Putim—12227–901 Sao Jose dos Campos—SP—Brasil; telephone +55 12 3927–5852 or +55 12 3309–0732; fax +55 12 3927–7546; email distrib@embraer.com.br; Internet https://www.flyembraer.com (4) You may view this service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. (5) You may view this service information that is incorporated by reference 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/ibrlocations.html. Issued in Renton, Washington, on February 3, 2017. Michael Kaszycki, Acting Manager, Transport Airplane Directorate, Aircraft Certification Service. [FR Doc. 2017–03259 Filed 2–21–17; 8:45 am] BILLING CODE 4910–13–P sradovich on DSK3GMQ082PROD with RULES CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC–2017–0012] 16 CFR Part 1217 Revisions to Safety Standard for Toddler Beds Consumer Product Safety Commission. AGENCY: VerDate Sep<11>2014 18:04 Feb 21, 2017 Jkt 241001 ACTION: Direct final rule. FOR FURTHER INFORMATION CONTACT: In accordance with section 104(b) of the Consumer Product Safety Improvement Act of 2008 (CPSIA), also known as the Danny Keysar Child Product Safety Notification Act, in April 2011 the U.S. Consumer Product Safety Commission (Commission, or CPSC) published a consumer product safety standard for toddler beds. The standard incorporated by reference the ASTM voluntary standard for toddler beds, with several modifications. The CPSIA sets forth a process for updating standards that the Commission has issued under the authority of section 104(b) of the CPSIA. In accordance with that process, we are publishing this direct final rule, revising the CPSC’s standard for toddler beds to incorporate by reference a more recent version of the applicable ASTM standard. DATES: The rule is effective on June 6, 2017, unless we receive significant adverse comment by March 24, 2017. If we receive timely significant adverse comments, we will publish notification 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 June 6, 2017. ADDRESSES: You may submit comments, identified by Docket No. CPSC–2017– 0012, by any of the following methods: Submit electronic comments in the following way: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. To ensure timely processing of comments, the Commission is no longer accepting comments submitted by electronic mail (email), except through www.regulations.gov. Submit written submissions in the following way: Mail/Hand delivery/Courier (for paper, disk, or CD–ROM submissions), preferably in five copies, to: Office of the Secretary, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7923. Instructions: All submissions received must include the agency name and docket number for this notice. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to https://www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information electronically. Such information should be submitted in writing. SUMMARY: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 11317 Daniel E. Dunlap, Compliance Officer, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814–4408; telephone: 301–504–7733; email: ddunlap@ cpsc.gov. SUPPLEMENTARY INFORMATION: A. Background The Danny Keysar Child Product Safety Notification Act. Section 104(b)(1)(B) of the CPSIA, also known as the Danny Keysar Child Product Safety Notification Act, requires the Commission to promulgate consumer product safety standards for durable infant or toddler products. The law requires that these standards are to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standards if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. Section 104(b)(4)(B) of the CPSIA also sets forth a process for updating CPSC’s durable infant or toddler standards when the voluntary standard upon which the CPSC standard was based is changed. Under that process, when an organization revises the voluntary standard, it must notify the Commission. Unless the Commission determines within 90 days of receiving the notice that the revision does not improve the safety of the product, the revised standard is considered to be the new CPSC standard effective 180 days from the date the Commission received notice of the revision (or a later date specified by the Commission). The CPSC’s Toddler Bed Standard. In accordance with section 104(b)(1) of the CPSIA, on April 20, 2011, the Commission published a safety standard that incorporated by reference ASTM F1821–09, Standard Consumer Safety Specification for Toddler Beds, along with several modifications, as a mandatory consumer product safety standard. (76 FR 22019 (April 20, 2011)); correction notice 1 (76 FR 27882 (May 13, 2011)). ASTM officially notified the CPSC on September 25, 2013 that ASTM had published a revised 2013 version of ASTM F1821. The Commission voted unanimously to publish a Federal Register notice revising the Commission’s toddler bed standard to reference ASTM F1821–13, effective March 24, 2014 (78 FR 73692 (December 9, 2013); codified at 16 CFR 1 The Office of the Federal Register inadvertently omitted the last two sections and figures from the April 20, 2011 Federal Register notice. E:\FR\FM\22FER1.SGM 22FER1 11318 Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations part 1217). On April 6, 2015, ASTM officially notified the CPSC that ASTM had revised ASTM’s toddler bed standard again and had published a revised 2015 version of ASTM F1821. Due to an inadvertent omission in the revised standard, the Commission voted unanimously (5–0) to retain the existing consumer product safety standard.2 As explained below, ASTM has notified the CPSC that it has published a revised 2016 version of ASTM F1821 that corrects the previous omission. Notification of Recent Revision. On December 8, 2016, ASTM notified the CPSC of ASTM’s approval and publication of ASTM F1821–16 in a standard approved on October 1, 2016, ASTM F1821–16, Standard Consumer Safety Performance Specification for Toddler Beds. As discussed below, the Commission has reviewed the differences between 16 CFR part 1217 and ASTM F1821–16. sradovich on DSK3GMQ082PROD with RULES B. 2015 and 2016 Revisions to the ASTM Standard A ‘‘toddler bed’’ is defined in ASTM F1821–16 as any bed sized to accommodate a full-size crib mattress having minimum dimensions of 51 5⁄8 inches (1310 mm) in length and 27 1⁄4 inches (690 mm) in width and is intended to provide free access and egress to a child not less than 15 months of age and who weighs no more than 50 pounds (27.7 kg). The standard was developed in response to incident data supplied by the CPSC in an attempt to minimize the following hazards: Entrapment in bed end structures, entrapment between the guardrail and side rail, and entrapment in the mattress support system. The standard has provisions that address these hazards. In addition, the ASTM standard has provisions addressing corner post extensions, which may catch cords, ribbons, necklaces or clothing. There are several differences between 16 CFR part 1217 (which incorporates by reference ASTM F1821–13) and the revised version of the standard, ASTM F1821– 16. We summarize the differences and the CPSC’s assessment of the revisions below. ASTM F1821–15 Revision ASTM F1821–15, approved in February 2015, and published in March 2015, revised ASTM F1821–13. ASTM notified the Commission about this revision on April 6, 2015. This revision contained two significant changes. • Section 5.10—Corner Post Extensions was modified to allow an 2 https://www.cpsc.gov/th/content/rca-astm% E2%80%99s-revisions-to-toddler-bed-standard. VerDate Sep<11>2014 18:04 Feb 21, 2017 Jkt 241001 exception to the requirement for corner posts so that canopy post extensions 57 inches or greater are allowed on toddler beds. General requirements were added in section 5.10.1 and 5.10.2 so that new protrusion/entanglement hazards are not created as a result of this exception. The Commission considers this a neutral change to the standard. • Section 6.5—End Structures was modified to address potential entrapment hazards between the side rails and mattress support system. Because guard rails are optional on toddler beds, the ASTM subcommittee recognized the need to address the entrapment hazard with side rails and guardrails, not just the head and foot ‘‘end’’ structures. The Commission considers this a safety improvement to the standard. As mentioned, the 2015 version should have modified, but inadvertently did not modify, the Section 7.5 --; End Structures test requirements to include testing requirements for potential entrapment in the side rails, as identified in 6.5. Failure to include these requirements negated the intended safety improvement noted in section 6.5. 51. Under these regulations, agencies must discuss, in the preamble to the final rule, ways that the materials the agency incorporates by reference are reasonably available to interested persons and how interested parties can obtain the materials. In addition, the preamble to the final rule must summarize the material. 1 CFR 51.5(b). In accordance with the OFR’s requirements, section B of this preamble summarizes the major provisions of ASTM F1821–16 standard that the Commission incorporates by reference into 16 CFR part 1217. The standard is reasonably available to interested parties and interested parties may purchase a copy of the standard from ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428–2959 USA, phone: 610–832–9585; https:// www.astm.org/. A copy of the standard can also be inspected at CPSC’s Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301–504–7923. ASTM F1821–16 Revision ASTM F1821–16, approved and published on October 1, 2016, revised ASTM F1821–15. ASTM notified the Commission of this revision on December 8, 2016. This revision contains the test requirements for the side rails, which were missing from ASTM F1821–15. Section 7.5 now includes end structures and side rails in the testing requirements. Section 7.5.1 explains how to test potential entrapment hazards in end structures, and section 7.5.2 explains how to test potential entrapment hazards in side rails. The Commission considers the addition of performance and test requirements for potential entrapment in side rails to improve the safety of toddler beds. Thus, the Commission is allowing the revised version, ASTM F1821–16, to become the new CPSC mandatory standard for toddler beds. In accordance with section 104(b)(4) of the CPSIA, the revised ASTM standard for toddler beds becomes the new CPSC standard 180 days after the date the CPSC received notification of the revision from ASTM. This rule revises the incorporation by reference in 16 CFR part 1217, to reference ASTM F1821–16. Section 14(a) of the CPSA requires that 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, be certified as complying 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 on a sufficient number of samples by a third party conformity assessment body accredited by the Commission to test according to the applicable requirements. As noted in the preceding discussion, 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 toddler beds are children’s products, samples of these products must be tested by a third party conformity assessment body whose accreditation has been accepted by the Commission. These products also must comply with all other applicable CPSC requirements, such as the lead content requirements in section 101 of the CPSIA, the phthalates prohibitions in section 108 of the CPSIA, the tracking label requirement in section 14(a)(5) of the CPSA, and the consumer registration form requirements in the Danny Keysar Child Product Safety Notification Act. C. Incorporation by Reference The Office of the Federal Register (OFR) has regulations concerning incorporation by reference. 1 CFR part PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 D. Certification E:\FR\FM\22FER1.SGM 22FER1 Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations E. Notice of Requirements In accordance with section 14(a)(3)(B)(iv) of the CPSA, the Commission has previously published a notice of requirements (NOR) for accreditation of third party conformity assessment bodies for testing toddler beds (76 FR 22030 (April 20, 2011)). The NOR provided the criteria and process for our acceptance of accreditation of third party conformity assessment bodies for testing toddler beds to 16 CFR part 1217 (which incorporated ASTM F1821–13 with several modifications). The NOR is listed in the Commission’s rule, ‘‘Requirements Pertaining to Third Party Conformity Assessment Bodies.’’ 16 CFR part 1112. No change to the NOR in 16 CFR part 1112 is required for the Commission’s revision to 16 CFR part 1217 updating the reference to ASTM F1821–16 because the NOR currently in effect already requires that the accreditation scope include a reference to 16 CFR part 1217. Laboratories would begin testing to the new standard when it goes into effect. Therefore, the Commission considers the existing accreditations that the Commission has accepted for testing to this standard also to cover testing to the revised standard. 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’ accreditation to reflect the revised standard in the normal course of renewing their accreditation. sradovich on DSK3GMQ082PROD with RULES F. Direct Final Rule Process The Commission is issuing this rule as a direct final rule. Although the Administrative Procedure Act (APA) generally requires notice and comment rulemaking, section 553 of the APA provides an exception when the agency, for good cause, finds that notice and public procedure are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ 5 U.S.C. 553(b)(B). The Commission concludes that when the Commission updates a reference to an ASTM standard that the Commission has incorporated by reference under section 104(b) of the CPSIA, notice and comment is not necessary. 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 as a Commission standard for a durable infant or toddler product 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 VerDate Sep<11>2014 18:04 Feb 21, 2017 Jkt 241001 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 F1821–16 to become CPSC’s new standard. The purpose of this direct final rule is merely to update the reference in the Code of Federal Regulations so that it accurately reflects the version of the standard that takes effect by statute. Public comment will not impact the substantive changes to the standard or the effect of the revised standard as a consumer product safety standard under section 104(b) of the CPSIA. Under these circumstances, notice and comment is not necessary. In Recommendation 95–4, the Administrative Conference of the United States (ACUS) endorsed direct final rulemaking as an appropriate procedure to expedite promulgation of rules that are noncontroversial and that are not expected to generate significant adverse comment. See 60 FR 43108 (August 18, 1995). ACUS recommended 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 we do not expect any significant adverse comments. Unless we receive a significant adverse comment within 30 days, the rule will become effective on June 6, 2017. 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 change. Should the Commission receive a significant adverse comment, the Commission would withdraw this direct final rule. Depending on the comments 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) generally requires that agencies 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 and 604. The RFA applies to any rule that is subject to notice and PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 11319 comment procedures under section 553 of the APA. Id. As explained above, the Commission has determined that notice and comment is not necessary for this direct final rule. Thus, the RFA does not apply. We also note 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. H. Paperwork Reduction Act The toddler beds standard contains information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). The revision made no changes to that section of the standard. Thus, these revision will not have any effect on the information collection requirements related to that standard. I. Environmental Considerations The Commission’s regulations provide a categorical exclusion for the Commission’s rules from any requirement to prepare an environmental assessment or an environmental impact statement because they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c)(2). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. J. Preemption Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a ‘‘consumer product safety standard under [the Consumer Product Safety Act (CPSA)]’’ 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. Section 26(c) of the CPSA also provides that states or political subdivisions of states may apply to the Commission for an exemption from this preemption under certain circumstances. The Danny Keysar Child Product Safety Notification Act (at section 104(b)(1)(B) of the CPSIA) refers to the rules to be issued under that section as ‘‘consumer product safety standards,’’ thus implying that the preemptive effect of section 26(a) of the CPSA would apply. Therefore, a rule issued under section 104 of the CPSIA will invoke the preemptive effect of section 26(a) of the CPSA when it becomes effective. K. Effective Date Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, when E:\FR\FM\22FER1.SGM 22FER1 11320 Federal Register / Vol. 82, No. 34 / Wednesday, February 22, 2017 / Rules and Regulations a voluntary standard organization revises a standard upon which a consumer product safety standard issued under the Danny Keysar Child Product Safety Notification Act was based, the revision becomes the CPSC standard within 180 days of 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. The Commission has not set a different effective date. Thus, in accordance with this provision, this rule takes effect 180 days after we received notification from ASTM of revisions to these standards. As discussed in the preceding section, this is a direct final rule. Unless we receive a significant adverse comment within 30 days, the rule will become effective on June 6, 2017. List of Subjects in 16 CFR Part 1217 Consumer protection, Imports, Incorporation by reference, Infants and children, Law enforcement, Safety, Toys. For the reasons stated above, the Commission amends 16 CFR chapter II as follows: PART 1217—SAFETY STANDARD FOR TODDLER BEDS 1. The authority citation for part 1217 continues to read as follows: ■ Authority: Sec. 104, Pub. L. 110–314, 122 Stat. 3016 (August 14, 2008); Sec. 3, Pub. L. 112–28, 125 Stat. 273 (August 12, 2011). ■ 2. Revise § 1217.2 to read as follows: sradovich on DSK3GMQ082PROD with RULES § 1217.2 Requirements for toddler beds. Each toddler bed shall comply with all applicable provisions of ASTM F1821–16, Standard Consumer Safety Specification for Toddler Beds, approved October 1, 2016. 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, PO Box C700, West Conshohocken, PA 19428–2959 USA; phone: 610–832–9585; https:// www.astm.org/. You may inspect a copy at the Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301– 504–7923, 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/code_of_ federalregulations/ibr_locations.html. VerDate Sep<11>2014 18:04 Feb 21, 2017 Jkt 241001 Dated: February 15, 2017. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2017–03332 Filed 2–21–17; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2017–0098] Drawbridge Operation Regulation; Willamette River, Portland, OR Coast Guard, DHS. Notice of deviation from regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the lower deck of the Steel Bridge across the Willamette River, mile 12.1, at Portland, OR. The deviation is necessary to support the Shamrock Run event. This deviation allows the lower span of the Steel Bridge to remain in the closed-tonavigation position to allow for the safe passage of participates in the Shamrock Run event across the bridge. DATES: This deviation is effective from 10:15 a.m. to 11:15 a.m. on March 19, 2017. ADDRESSES: The docket for this deviation, USCG–2017–0098, is available at https://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. SUPPLEMENTARY INFORMATION: Union Pacific Railroad Company (UPRR) has requested a temporary deviation from the operating schedule for the Steel Bridge across the Willamette River, at mile 12.1, at Portland, OR. The deviation is necessary to accommodate participates in the Shamrock Run event. The Steel Bridge is a double-deck lift bridge with a lower lift deck and an upper lift deck which operate independent of each other. To facilitate this event, the lower deck will remain in closed-to-navigation position. When the lower is in the closed-to-navigation position, the bridge provides 26 feet of SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 vertical clearance above Columbia River Datum 0.0. The deviation period is from 10:15 a.m. to 11:15 a.m. on March 19, 2017. The normal operating schedule for the Steel Bridge is in accordance with 33 CFR 117.897(c)(3)(ii). Waterway usage on this part of the Willamette River includes vessels ranging from commercial tug and barge to small pleasure craft. Vessels able to pass through the bridge in the closed-tonavigation position may do so at any time. The bridge will be able to open for emergencies, and there is no immediate alternate route for vessels to pass. The Coast Guard has conducted a public outreach for this closure of the lower deck on the Steel Bridge to known mariners that transit on the river. The Coast Guard has not received any objections to this temporary deviation from the operating schedule. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: February 13, 2017. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District. [FR Doc. 2017–03406 Filed 2–21–17; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1989–0008; FRL–9959– 52–Region 3] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the North Penn Area 6 Superfund Site Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. AGENCY: On December 23, 2016, the Environmental Protection Agency (EPA) published a Notice of Intent for Partial Deletion (81 FR 94295) and a direct final Notice of Partial Deletion (81 FR 94262) for the North Penn Area 6 Superfund Site located in Lansdale Borough, SUMMARY: E:\FR\FM\22FER1.SGM 22FER1

Agencies

Consumer Product Safety Commission

[Federal Register Volume 82, Number 34 (Wednesday, February 22, 2017)]
[Rules and Regulations]
[Pages 11317-11320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03332]

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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2017-0012]

16 CFR Part 1217

Revisions to Safety Standard for Toddler Beds

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In accordance with section 104(b) of the Consumer Product
Safety Improvement Act of 2008 (CPSIA), also known as the Danny Keysar
Child Product Safety Notification Act, in April 2011 the U.S. Consumer
Product Safety Commission (Commission, or CPSC) published a consumer
product safety standard for toddler beds. The standard incorporated by
reference the ASTM voluntary standard for toddler beds, with several
modifications. The CPSIA sets forth a process for updating standards
that the Commission has issued under the authority of section 104(b) of
the CPSIA. In accordance with that process, we are publishing this
direct final rule, revising the CPSC's standard for toddler beds to
incorporate by reference a more recent version of the applicable ASTM
standard.

DATES: The rule is effective on June 6, 2017, unless we receive
significant adverse comment by March 24, 2017. If we receive timely
significant adverse comments, we will publish notification 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 June 6, 2017.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2017-
0012, by any of the following methods:
Submit electronic comments in the following way:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments. To ensure timely processing of
comments, the Commission is no longer accepting comments submitted by
electronic mail (email), except through www.regulations.gov.
Submit written submissions in the following way:
Mail/Hand delivery/Courier (for paper, disk, or CD-ROM
submissions), preferably in five copies, to: Office of the Secretary,
Consumer Product Safety Commission, Room 820, 4330 East West Highway,
Bethesda, MD 20814; telephone (301) 504-7923.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received may be posted
without change, including any personal identifiers, contact
information, or other personal information provided, to https://www.regulations.gov. Do not submit confidential business information,
trade secret information, or other sensitive or protected information
electronically. Such information should be submitted in writing.

FOR FURTHER INFORMATION CONTACT: Daniel E. Dunlap, Compliance Officer,
Office of Compliance and Field Operations, Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, MD 20814-4408; telephone:
301-504-7733; email: ddunlap@cpsc.gov.

SUPPLEMENTARY INFORMATION:

A. Background

The Danny Keysar Child Product Safety Notification Act. Section
104(b)(1)(B) of the CPSIA, also known as the Danny Keysar Child Product
Safety Notification Act, requires the Commission to promulgate consumer
product safety standards for durable infant or toddler products. The
law requires that these standards are to be ``substantially the same
as'' applicable voluntary standards or more stringent than the
voluntary standards if the Commission concludes that more stringent
requirements would further reduce the risk of injury associated with
the product.
Section 104(b)(4)(B) of the CPSIA also sets forth a process for
updating CPSC's durable infant or toddler standards when the voluntary
standard upon which the CPSC standard was based is changed. Under that
process, when an organization revises the voluntary standard, it must
notify the Commission. Unless the Commission determines within 90 days
of receiving the notice that the revision does not improve the safety
of the product, the revised standard is considered to be the new CPSC
standard effective 180 days from the date the Commission received
notice of the revision (or a later date specified by the Commission).
The CPSC's Toddler Bed Standard. In accordance with section
104(b)(1) of the CPSIA, on April 20, 2011, the Commission published a
safety standard that incorporated by reference ASTM F1821-09, Standard
Consumer Safety Specification for Toddler Beds, along with several
modifications, as a mandatory consumer product safety standard. (76 FR
22019 (April 20, 2011)); correction notice \1\ (76 FR 27882 (May 13,
2011)). ASTM officially notified the CPSC on September 25, 2013 that
ASTM had published a revised 2013 version of ASTM F1821. The Commission
voted unanimously to publish a Federal Register notice revising the
Commission's toddler bed standard to reference ASTM F1821-13, effective
March 24, 2014 (78 FR 73692 (December 9, 2013); codified at 16 CFR

[[Page 11318]]

part 1217). On April 6, 2015, ASTM officially notified the CPSC that
ASTM had revised ASTM's toddler bed standard again and had published a
revised 2015 version of ASTM F1821. Due to an inadvertent omission in
the revised standard, the Commission voted unanimously (5-0) to retain
the existing consumer product safety standard.\2\ As explained below,
ASTM has notified the CPSC that it has published a revised 2016 version
of ASTM F1821 that corrects the previous omission.
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\1\ The Office of the Federal Register inadvertently omitted the
last two sections and figures from the April 20, 2011 Federal
Register notice.
\2\ https://www.cpsc.gov/th/content/rca-astm%E2%80%99s-revisions-to-toddler-bed-standard.
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Notification of Recent Revision. On December 8, 2016, ASTM notified
the CPSC of ASTM's approval and publication of ASTM F1821-16 in a
standard approved on October 1, 2016, ASTM F1821-16, Standard Consumer
Safety Performance Specification for Toddler Beds. As discussed below,
the Commission has reviewed the differences between 16 CFR part 1217
and ASTM F1821-16.

B. 2015 and 2016 Revisions to the ASTM Standard

A ``toddler bed'' is defined in ASTM F1821-16 as any bed sized to
accommodate a full-size crib mattress having minimum dimensions of 51
\5/8\ inches (1310 mm) in length and 27 \1/4\ inches (690 mm) in width
and is intended to provide free access and egress to a child not less
than 15 months of age and who weighs no more than 50 pounds (27.7 kg).
The standard was developed in response to incident data supplied by the
CPSC in an attempt to minimize the following hazards: Entrapment in bed
end structures, entrapment between the guardrail and side rail, and
entrapment in the mattress support system. The standard has provisions
that address these hazards. In addition, the ASTM standard has
provisions addressing corner post extensions, which may catch cords,
ribbons, necklaces or clothing. There are several differences between
16 CFR part 1217 (which incorporates by reference ASTM F1821-13) and
the revised version of the standard, ASTM F1821-16. We summarize the
differences and the CPSC's assessment of the revisions below.

ASTM F1821-15 Revision

ASTM F1821-15, approved in February 2015, and published in March
2015, revised ASTM F1821-13. ASTM notified the Commission about this
revision on April 6, 2015. This revision contained two significant
changes.
Section 5.10--Corner Post Extensions was modified to allow
an exception to the requirement for corner posts so that canopy post
extensions 57 inches or greater are allowed on toddler beds. General
requirements were added in section 5.10.1 and 5.10.2 so that new
protrusion/entanglement hazards are not created as a result of this
exception. The Commission considers this a neutral change to the
standard.
Section 6.5--End Structures was modified to address
potential entrapment hazards between the side rails and mattress
support system. Because guard rails are optional on toddler beds, the
ASTM subcommittee recognized the need to address the entrapment hazard
with side rails and guardrails, not just the head and foot ``end''
structures. The Commission considers this a safety improvement to the
standard.
As mentioned, the 2015 version should have modified, but
inadvertently did not modify, the Section 7.5 --; End Structures test
requirements to include testing requirements for potential entrapment
in the side rails, as identified in 6.5. Failure to include these
requirements negated the intended safety improvement noted in section
6.5.

ASTM F1821-16 Revision

ASTM F1821-16, approved and published on October 1, 2016, revised
ASTM F1821-15. ASTM notified the Commission of this revision on
December 8, 2016. This revision contains the test requirements for the
side rails, which were missing from ASTM F1821-15. Section 7.5 now
includes end structures and side rails in the testing requirements.
Section 7.5.1 explains how to test potential entrapment hazards in end
structures, and section 7.5.2 explains how to test potential entrapment
hazards in side rails. The Commission considers the addition of
performance and test requirements for potential entrapment in side
rails to improve the safety of toddler beds. Thus, the Commission is
allowing the revised version, ASTM F1821-16, to become the new CPSC
mandatory standard for toddler beds.
In accordance with section 104(b)(4) of the CPSIA, the revised ASTM
standard for toddler beds becomes the new CPSC standard 180 days after
the date the CPSC received notification of the revision from ASTM. This
rule revises the incorporation by reference in 16 CFR part 1217, to
reference ASTM F1821-16.

C. Incorporation by Reference

The Office of the Federal Register (OFR) has regulations concerning
incorporation by reference. 1 CFR part 51. Under these regulations,
agencies must discuss, in the preamble to the final rule, ways that the
materials the agency incorporates by reference are reasonably available
to interested persons and how interested parties can obtain the
materials. In addition, the preamble to the final rule must summarize
the material. 1 CFR 51.5(b).
In accordance with the OFR's requirements, section B of this
preamble summarizes the major provisions of ASTM F1821-16 standard that
the Commission incorporates by reference into 16 CFR part 1217. The
standard is reasonably available to interested parties and interested
parties may purchase a copy of the standard from ASTM International,
100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959
USA, phone: 610-832-9585; https://www.astm.org/. A copy of the standard
can also be inspected at CPSC's Office of the Secretary, U.S. Consumer
Product Safety Commission, Room 820, 4330 East West Highway, Bethesda,
MD 20814, telephone 301-504-7923.

D. Certification

Section 14(a) of the CPSA requires that 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,
be certified as complying 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 on a sufficient number of samples by a third party
conformity assessment body accredited by the Commission to test
according to the applicable requirements. As noted in the preceding
discussion, 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 toddler beds are children's products, samples of these
products must be tested by a third party conformity assessment body
whose accreditation has been accepted by the Commission. These products
also must comply with all other applicable CPSC requirements, such as
the lead content requirements in section 101 of the CPSIA, the
phthalates prohibitions in section 108 of the CPSIA, the tracking label
requirement in section 14(a)(5) of the CPSA, and the consumer
registration form requirements in the Danny Keysar Child Product Safety
Notification Act.

[[Page 11319]]

E. Notice of Requirements

In accordance with section 14(a)(3)(B)(iv) of the CPSA, the
Commission has previously published a notice of requirements (NOR) for
accreditation of third party conformity assessment bodies for testing
toddler beds (76 FR 22030 (April 20, 2011)). The NOR provided the
criteria and process for our acceptance of accreditation of third party
conformity assessment bodies for testing toddler beds to 16 CFR part
1217 (which incorporated ASTM F1821-13 with several modifications). The
NOR is listed in the Commission's rule, ``Requirements Pertaining to
Third Party Conformity Assessment Bodies.'' 16 CFR part 1112.
No change to the NOR in 16 CFR part 1112 is required for the
Commission's revision to 16 CFR part 1217 updating the reference to
ASTM F1821-16 because the NOR currently in effect already requires that
the accreditation scope include a reference to 16 CFR part 1217.
Laboratories would begin testing to the new standard when it goes into
effect. Therefore, the Commission considers the existing accreditations
that the Commission has accepted for testing to this standard also to
cover testing to the revised standard. 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' accreditation to reflect the revised standard in the
normal course of renewing their accreditation.

F. Direct Final Rule Process

The Commission is issuing this rule as a direct final rule.
Although the Administrative Procedure Act (APA) generally requires
notice and comment rulemaking, section 553 of the APA provides an
exception when the agency, for good cause, finds that notice and public
procedure are ``impracticable, unnecessary, or contrary to the public
interest.'' 5 U.S.C. 553(b)(B). The Commission concludes that when the
Commission updates a reference to an ASTM standard that the Commission
has incorporated by reference under section 104(b) of the CPSIA, notice
and comment is not necessary.
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 as a Commission standard for a durable infant
or toddler product 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 F1821-16 to become CPSC's new standard. The
purpose of this direct final rule is merely to update the reference in
the Code of Federal Regulations so that it accurately reflects the
version of the standard that takes effect by statute. Public comment
will not impact the substantive changes to the standard or the effect
of the revised standard as a consumer product safety standard under
section 104(b) of the CPSIA. Under these circumstances, notice and
comment is not necessary. In Recommendation 95-4, the Administrative
Conference of the United States (ACUS) endorsed direct final rulemaking
as an appropriate procedure to expedite promulgation of rules that are
noncontroversial and that are not expected to generate significant
adverse comment. See 60 FR 43108 (August 18, 1995). ACUS recommended
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 we do not expect
any significant adverse comments.
Unless we receive a significant adverse comment within 30 days, the
rule will become effective on June 6, 2017. 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 change.
Should the Commission receive a significant adverse comment, the
Commission would withdraw this direct final rule. Depending on the
comments 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) generally requires that
agencies 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 and 604. The RFA applies
to any rule that is subject to notice and comment procedures under
section 553 of the APA. Id. As explained above, the Commission has
determined that notice and comment is not necessary for this direct
final rule. Thus, the RFA does not apply. We also note 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.

H. Paperwork Reduction Act

The toddler beds standard contains information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520). The revision made no changes to that section of the standard.
Thus, these revision will not have any effect on the information
collection requirements related to that standard.

I. Environmental Considerations

The Commission's regulations provide a categorical exclusion for
the Commission's rules from any requirement to prepare an environmental
assessment or an environmental impact statement because they ``have
little or no potential for affecting the human environment.'' 16 CFR
1021.5(c)(2). This rule falls within the categorical exclusion, so no
environmental assessment or environmental impact statement is required.

J. Preemption

Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a
``consumer product safety standard under [the Consumer Product Safety
Act (CPSA)]'' 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. Section 26(c)
of the CPSA also provides that states or political subdivisions of
states may apply to the Commission for an exemption from this
preemption under certain circumstances.
The Danny Keysar Child Product Safety Notification Act (at section
104(b)(1)(B) of the CPSIA) refers to the rules to be issued under that
section as ``consumer product safety standards,'' thus implying that
the preemptive effect of section 26(a) of the CPSA would apply.
Therefore, a rule issued under section 104 of the CPSIA will invoke the
preemptive effect of section 26(a) of the CPSA when it becomes
effective.

K. Effective Date

Under the procedure set forth in section 104(b)(4)(B) of the CPSIA,
when

[[Page 11320]]

a voluntary standard organization revises a standard upon which a
consumer product safety standard issued under the Danny Keysar Child
Product Safety Notification Act was based, the revision becomes the
CPSC standard within 180 days of 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. The Commission has not set a different effective date. Thus,
in accordance with this provision, this rule takes effect 180 days
after we received notification from ASTM of revisions to these
standards. As discussed in the preceding section, this is a direct
final rule. Unless we receive a significant adverse comment within 30
days, the rule will become effective on June 6, 2017.

List of Subjects in 16 CFR Part 1217

Consumer protection, Imports, Incorporation by reference, Infants
and children, Law enforcement, Safety, Toys.

For the reasons stated above, the Commission amends 16 CFR chapter
II as follows:

PART 1217--SAFETY STANDARD FOR TODDLER BEDS

0
1. The authority citation for part 1217 continues to read as follows:

Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (August
14, 2008); Sec. 3, Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).

0
2. Revise Sec. 1217.2 to read as follows:

Sec. 1217.2 Requirements for toddler beds.

Each toddler bed shall comply with all applicable provisions of
ASTM F1821-16, Standard Consumer Safety Specification for Toddler Beds,
approved October 1, 2016. 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, PO Box
C700, West Conshohocken, PA 19428-2959 USA; phone: 610-832-9585; https://www.astm.org/. You may inspect a copy at the Office of the Secretary,
U.S. Consumer Product Safety Commission, Room 820, 4330 East West
Highway, Bethesda, MD 20814, telephone 301-504-7923, 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/code_of_federalregulations/ibr_locations.html.

Dated: February 15, 2017.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2017-03332 Filed 2-21-17; 8:45 am]
BILLING CODE 6355-01-P

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