Safety Standard for Portable Hook-On Chairs, 38041-38050 [2015-16330]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Proposed Rules]
[Pages 38041-38050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16330]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Parts 1112 and 1233

[Docket No. CPSC-2015-0016]


Safety Standard for Portable Hook-On Chairs

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Danny Keysar Child Product Safety Notification Act, 
section 104 of the Consumer Product Safety Improvement Act of 2008 
(``CPSIA''), requires the United States Consumer Product Safety 
Commission (``Commission'' or ``CPSC'') to promulgate consumer product 
safety standards for durable infant or toddler products. These 
standards are to be ``substantially the same as'' applicable voluntary 
standards or more stringent than the voluntary standard if the 
Commission concludes that more stringent requirements would further 
reduce the risk of injury associated with the product. The Commission 
is proposing a safety standard for portable hook-on chairs (``hook-on 
chairs'') in response to the direction under section 104(b) of the 
CPSIA. In addition, the Commission is proposing an amendment to include 
an additional CFR part in the list of notice of requirements (``NORs'') 
issued by the Commission.

DATES: Submit comments by September 15, 2015.

ADDRESSES: Comments related to the Paperwork Reduction Act aspects of 
the marking, labeling, and instructional literature requirements of the 
proposed

[[Page 38042]]

mandatory standard for hook-on chairs should be directed to the Office 
of Information and Regulatory Affairs, the Office of Management and 
Budget, Attn: CPSC Desk Officer, FAX: 202-395-6974, or emailed to 
oira_submission@omb.eop.gov.
    Other comments, identified by Docket No. CPSC-2015-0016, may be 
submitted electronically or in writing:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. The Commission does not accept 
comments submitted by electronic mail (email), except through 
www.regulations.gov. The Commission encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions by mail/hand 
delivery/courier 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 proposed rulemaking. 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 
that you do not want to be available to the public. If furnished at 
all, such information should be submitted in writing.
    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: Patricia L. Edwards, Project Manager, 
Directorate for Engineering Sciences, U.S. Consumer Product Safety 
Commission, 5 Research Place, Rockville, MD 20850; telephone: 301-987-
2224; email: pedwards@cpsc.gov.

SUPPLEMENTARY INFORMATION: 

I. Background and Statutory Authority

    The CPSIA was enacted on August 14, 2008. Section 104(b) of the 
CPSIA, part of the Danny Keysar Child Product Safety Notification Act, 
requires the Commission to: (1) Examine and assess the effectiveness of 
voluntary consumer product safety standards for durable infant or 
toddler products, in consultation with representatives of consumer 
groups, juvenile product manufacturers, and independent child product 
engineers and experts; and (2) promulgate consumer product safety 
standards for durable infant and toddler products. Standards issued 
under section 104 are to be ``substantially the same as'' the 
applicable voluntary standards or more stringent than the voluntary 
standard if the Commission concludes that more stringent requirements 
would further reduce the risk of injury associated with the product.
    The term ``durable infant or toddler product'' is defined in 
section 104(f)(1) of the CPSIA as ``a durable product intended for use, 
or that may be reasonably expected to be used, by children under the 
age of 5 years.'' Section 104(f)(2)(C) of the CPSIA specifically 
identifies ``hook-on chairs'' as a durable infant or toddler product.
    Pursuant to section 104(b)(1)(A) of the CPSIA, the Commission 
consulted with manufacturers, retailers, trade organizations, 
laboratories, consumer advocacy groups, consultants, and members of the 
public in the development of this notice of proposed rulemaking 
(``NPR''), largely through the ASTM process. The NPR is based on the 
most recent voluntary standard developed by ASTM International 
(formerly the American Society for Testing and Materials), ASTM F1235-
15, Standard Consumer Safety Specification for Portable Hook-On Chairs 
(``ASTM F1235-15''), and contains no modifications to the ASTM 
standard.
    The testing and certification requirements of section 14(a) of the 
Consumer Product Safety Act (``CPSA'') apply to the standards 
promulgated under section 104 of the CPSIA. Section 14(a)(3) of the 
CPSA requires the Commission to publish an NOR for the accreditation of 
third party conformity assessment bodies (test laboratories) to assess 
conformity with a children's product safety rule to which a children's 
product is subject. The proposed rule for hook-on chairs, if issued as 
a final rule, would be a children's product safety rule that requires 
the issuance of an NOR. To meet the requirement that the Commission 
issue an NOR for the hook-on chairs standard, this NPR also proposes to 
amend 16 CFR part 1112 to include 16 CFR part 1233, the CFR section 
where the hook-on chair standard will be codified, if the standard 
becomes final.

II. Product Description

A. Definition of ``Hook-On Chair''

    The scope section of ASTM F1235-15 defines a ``portable hook-on 
chair'' 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 the feeding surface for the 
occupant * * * [s]upported solely by the table on which it is 
mounted.'' The ASTM standard specifies the appropriate ages and weights 
for children using portable hook-on chairs as ``between the ages of six 
months and three years and who weigh no more than 37 lb (16.8 kg) (95th 
percentile male at three years).''
    Typical hook-on chairs consist of 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.
[GRAPHIC] [TIFF OMITTED] TP02JY15.157


[[Page 38043]]



B. Market Description

    CPSC staff has identified 10 firms supplying hook-on chairs to the 
U.S. market, typically priced at $40 to $80 each. These 10 firms 
specialize in the manufacture and/or distribution of durable nursery 
products and represent only a small segment of the juvenile products 
industry. Nine of the 10 known firms are domestic (including 3 
manufacturers and 6 importers). The remaining firm is a foreign 
manufacturer. Hook-on chairs represent only a small proportion of each 
firm's overall product line; on average, each firm supplies one hook-on 
chair model to the U.S. market annually.

III. Incident Data

    CPSC's Directorate for Epidemiology, Division of Hazard Analysis, 
is aware of a total of 89 portable hook-on chair-related incidents 
reported to the CPSC that occurred between January 1, 2000 and October 
31, 2014. These reports include 50 incidents involving injury, 38 non-
injury incidents, and one fatality. Thirty-one of the incident reports 
were received through the National Electronic Injury Surveillance 
System (``NEISS''). Only one of the injured children (age 5 months) was 
outside the ASTM recommended user age range of 6 months to 3 years. One 
injured adult is included among the 50 nonfatal injuries.

A. Fatalities

    The only known fatality occurred in 2002 when a 12-month-old child 
slid down in his portable hook-on chair so that his head and neck 
became wedged between the seat and the table edge, and the child was 
strangled. No restraints were attached to the chair at the time of the 
incident.

B. Nonfatalities

    No hospitalizations occurred among the 50 reported nonfatal 
injuries. Thirty-five of the incidents were classified as ``treated and 
released'' from hospital emergency rooms, and the remaining 15 
incidents involved no medical treatment. The reported injuries included 
skull fractures, concussions, broken or fractured bones, and 
fingertips.
    Five of the 50 nonfatal injuries involved head or neck entrapment. 
None of these entrapments resulted in death because in each instance 
the child was quickly released from the entrapment by the caregiver. 
Most of the injury cases involved some sort of fall, namely a hook-on 
chair falling from the counter or table to which it was attached, or a 
child falling from or slipping out of the hook-on chair.

C. Hazard Pattern Identification

    CPSC staff reviewed all 89 reported incidents (1 fatality, 50 with 
injuries, and 38 without injuries) to identify hazard patterns 
associated with portable hook-on chairs. Subsequently, CPSC staff 
considered the hazard patterns when reviewing the adequacy of ASTM 
F1235.
    Because the level of detail in the analyzed NEISS data is 
sufficient only for macro-level hazard assessment, staff first grouped 
NEISS injury data and non-NEISS data separately. Within NEISS injury 
data, staff grouped the incidents into three broad categories:
     Compromised attachment;
     child fall or slip out of the hook-on chair; and
     fall of unknown type.
    For non-NEISS incidents, staff grouped the incidents into six broad 
categories:
     Compromised attachment;
     restraint or containment issues;
     unintended release of seat fabric fastenings;
     seat fabric separation due to breaking or tearing 
components;
     broken structural components; and
     other.
    Staff then further classified the incidents within each category, 
as indicated in Table 1 below.
    In order of frequency of incident reports within NEISS injury data 
and non-NEISS data, the hazard patterns are described below and 
summarized in Table 1:
1. NEISS Injury Incidents (31 Incidents)
    Compromised Attachment (45%): Fourteen of the 31 incidents involved 
a hook-on chair falling from the table or counter to which it was 
attached. In these incidents, the attachment to the counter or table 
became compromised in some manner.
    Child Fall or Slip from hook-on Chair (35%): Eleven of the 31 
incidents involved a child falling or slipping out of the chair 
partially or completely. These incidents most likely involved issues 
with the restraints or other means of containment. However, given the 
limited information available, CPSC staff cannot be sure that the 
chairs remained securely attached to the table or that other product-
related issues did not play a role. The only case in which the fall was 
determined to be partial rather than complete involved a child who was 
found hanging by his neck, caught in the chair.
    Fall of Unknown Type (19%): Six of the 31 incidents involved falls 
of an unknown type. Although each of these cases appears to be related 
to some kind of fall affecting the child, the descriptions are not 
sufficiently clear to allow staff to determine the type of fall that 
occurred.

 Table 1--Suspected NEISS Hazard Patterns Associated With Portable Hook-
                                On Chairs
            [Date of Treatment: January 1, 2000-October 2014]
------------------------------------------------------------------------
                                                   NEISS injury cases
           Suspected  hazard pattern           -------------------------
                                                   Count      Percentage
------------------------------------------------------------------------
Chair detached and fell with child............           14           45
Child fell or slipped out of chair............           11           35
Fall of unknown type..........................            6           19
  Total.......................................           31          100
------------------------------------------------------------------------
Source: Consumer Product Safety Commission's NEISS epidemiological
  database.
Note: The percentages have been rounded to the nearest integer and may
  not add up exactly to 100 percent.

2. Non-NEISS Incidents (58 Incidents)
    Compromised Attachment (53%): Thirty-one of the incidents involved 
scenarios where the security of the hook-on chair's attachment to the 
table was compromised in some way. In a majority of these cases (17 out 
of 31), the chair did not completely separate from the table, either 
because the chair remained partially secured to the table, or because a 
parent took action before the chair fully detached. In some of the 
incidents in which the chair partially detached, the seat may have 
rotated, swung, pitched, or otherwise deviated from its intended 
position. Four injury incidents are included among the 17 incidents in 
which the chair did not detach completely. The two most severe of these 
injuries involved crushed or severed fingertips caught between a part 
of the chair and the clamp that was still engaged with the table. Five 
injuries are included among the 14 incidents in which the chair fell 
completely from the table, including one broken collarbone. In total, 
attachment issues resulted in 9 injuries (47% of the 19 nonfatal 
injuries reported by non-NEISS sources).
    Restraint or Containment Issues (19%): Eleven incidents involved 
chair restraints or other containment issues. These incidents include 
one fatality, five nonfatal injury incidents, and five non-injury 
incidents. The most common scenario among these incidents was children 
slipping and becoming entrapped by the neck in the leg well or between 
the table and the chair, as occurred in seven incidents (1 fatal, 3

[[Page 38044]]

injuries, and 3 non-injuries). In another incident, the child slipped 
partially, but was caught by the shoulder by waist straps. The 
remaining three incidents all involved the child getting up or out over 
the sides of the chair. In one such incident, the child was able to 
escape from his three-point harness and stand up in the chair before 
being removed entirely from the chair by his mother. In the other two 
incidents, the children got themselves up over the sides of the chair 
and fell out. Only one of the two was injured; a parent of the 
uninjured child was able to catch the child's legs, preventing impact 
with the floor.
    Unintended Release of Seat Fabric Fastenings (10%): Six incidents 
involved the chair seat fabric separating from the chair due to the 
unintended release of snaps or Velcro straps. These chairs, assembled 
by consumers, relied on snaps (1 incident) or Velcro straps (5 
incidents) to hold the seat fabric onto the attachment arms or chair 
frame. Unintended release of these fastenings allowed the seat fabric 
to deviate from its intended position and therefore not support the 
child as intended. Impacts with the supporting table were the cause of 
two of the injuries. The third injury resulted when the child started 
to fall, but his neck became caught against the restraints.
    Seat Fabric Separation Due to Breaking or Tearing Components (5%): 
Three incidents involved issues with seat fabric separating from the 
chair, including one injury. The injury occurred when a child fell 
completely out of the chair after the fabric ripped at the seams.
    Breaking Structural Components (10%): Six incidents involved broken 
chair components affecting the structural integrity of the chair. Four 
of the incidents involved locking pins reported to have separated from 
the chair; one of these locking pin incidents involved injury, which 
resulted from an adult scratching her knee on the sharp protrusion of a 
locking pin. Two other incidents were associated with a broken release 
mechanism and a broken chair base, respectively, neither resulting in 
injuries.
    Other (2%): One incident involved a child creating enough motion to 
tip over a small pedestal table to which the parent had secured the 
chair.

Table 2--Distribution of Non-NEISS Reported Portable Hook-On Chair Incidents By Product-Related Issues or Hazard
                                                    Patterns
                                [Date of Incident: January 1, 2000-October 2014]
----------------------------------------------------------------------------------------------------------------
                                                    Total reports       Reported injuries      Reported deaths
   Product-related issues or hazard patterns   -----------------------------------------------------------------
                                                 Count    Percentage   Count    Percentage   Count    Percentage
----------------------------------------------------------------------------------------------------------------
Attachment to Table Compromised...............       31           53        9           47  .......  ...........
    (chair did not fall from table)...........     (17)                   (4)  ...........  .......  ...........
    (chair fell from table)...................     (14)                   (5)  ...........  .......  ...........
Restraints or Containment.....................       11           19        5           26        1          100
    (child slipped down, entrapping neck).....      (7)                   (3)  ...........      (1)  ...........
    (child slipped partially, but shoulder          (1)                   (1)  ...........  .......  ...........
     caught by waist straps)..................
    (child able to get up and possibly fall         (3)                   (1)  ...........  .......  ...........
     out of chair)............................
Seat Fabric Separation Due to Unintended              6           10        3           16  .......  ...........
 Release of Snaps or Straps...................
    (child slipped forward and head struck          (1)                   (1)  ...........  .......  ...........
     table after metal snaps opened)..........
    (child slipped and neck became trapped          (1)                   (1)  ...........  .......  ...........
     after Velcro opened).....................
    (child fell entirely out of chair after         (2)                   (1)  ...........  .......  ...........
     Velcro opened)...........................
    (child remained seated despite Velcro           (2)               .......  ...........  .......  ...........
     opening).................................
Seat Fabric Separation Due to Torn or Broken          3            5        1            5  .......  ...........
 Components...................................
    (child fell entirely out of chair after         (1)                   (1)  ...........  .......  ...........
     fabric seam ripped)......................
    (child remained seated despite broken clip      (2)               .......  ...........  .......  ...........
     or fabric)...............................
Miscellaneous Broken Components...............        6           10        1            5  .......  ...........
    (locking pin).............................      (4)                   (1)  ...........  .......  ...........
    (release mechanism).......................      (1)               .......  ...........  .......  ...........
    (base of chair)...........................      (1)               .......  ...........  .......  ...........
Other.........................................        1            2        0            0  .......  ...........
    (tip over of table hooked upon)...........      (1)               .......  ...........  .......  ...........
                                               -----------------------------------------------------------------
        Total.................................       58          100       19          100        1          100
----------------------------------------------------------------------------------------------------------------
Source: Consumer Product Safety Commission's epidemiological databases CPSRMS, IPII, INDP, and DTHS.
Note: The percentages have been rounded to the nearest integer and shown for totals and subtotals only.
  Subtotals do not necessarily add to heading totals.

D. Product Recalls

    Since January 1, 2000, two hook-on chair recalls occurred involving 
two different firms. The first recall was in June 2001, and involved 
Inglesina USA hook-on chairs. The product was recalled after one report 
of a child who fell from the chair because that model chair did not 
incorporate a seat belt. The recall involved 780 units.
    The second recall was in August 2011, and involved phil&teds USA, 
Inc., ``metoo'' clip-on chairs. This recall involved multiple hazards. 
The first hazard was related to missing or worn clamp pads that allowed 
the chairs to detach from a variety of different table surfaces, posing 
a fall hazard. A second hazard occurred when the chair detached; 
children's fingers were able to be caught between the bar and clamping 
mechanism, posing an amputation hazard. In addition, user instructions 
for the chairs were inadequate, increasing the likelihood of consumer 
misuse. CPSC is aware of 19 reports of the chairs falling from 
different table surfaces, including five reports of injuries. Two of 
the five reports of injuries involved children's fingers being severely 
pinched, lacerated, crushed or amputated. The three other reports of 
injury involved bruising after a chair detached suddenly and the child 
fell with the chair, striking the table or floor.

[[Page 38045]]

IV. International Standards for Hook-On Chairs and the ASTM Voluntary 
Standard

    CPSC is aware of one international standard, EN1272-1998, Child 
Care Articles--Table Mounted Chairs--Safety Requirements and Test 
Methods, which addresses hook-on chairs in a fashion similar to ASTM 
F1235-15. CPSC staff compared ASTM F1235-15 requirements that address 
chair-to-table attachments and restraints and containment features to 
the equivalent EN1272-1998 provisions. The EN1272-1998 standard has 
requirements for:
     Chemical and flammability material properties;
     General construction, such as small parts, sharp edges and 
openings;
     Structural integrity, including static and dynamic tests;
     Restraints; and
     Labeling.
    Although there are differences between the two standards, based on 
this comparison CPSC believes ASTM F1235-15 to be a more stringent 
standard, which will more completely address the hazard patterns seen 
in CPSC incident data. For example, ASTM F1235-15 contains a number of 
requirements that do not have an equivalent in the European standard, 
including the seat and seat back disengagement test, the passive crotch 
restraint requirement, and the scissoring, shearing, and pinching 
disengagement test. Additionally, in instances where there is an 
equivalent requirement in the European standard (e.g., static load test 
and chair pull/push test), ASTM requirements are as stringent as or 
more stringent than the comparable European standard requirement.

V. Voluntary Standard--ASTM F1235

A. History of ASTM F1235

    The voluntary standard for hook-on chairs was first approved and 
published in 1989, as ASTM 1235-89, Standard Consumer Safety 
Specification for Portable Hook-On Chairs. ASTM has revised the 
voluntary standard seven times since then. The current version, ASTM 
F1235-15, was approved on May 1, 2015.

B. Description of the Current Voluntary Standard--ASTM F1235-15

    ASTM F1235-15 was published in June 2015. Revisions include 
modified and new requirements developed by CPSC staff, in conjunction 
with stakeholders on the ASTM subcommittee task group, to address the 
hazards associated with hook-on chairs. ASTM F1235-15 includes the 
following key provisions: scope, terminology, general requirements, 
performance requirements, test methods, marking and labeling, and 
instructional literature.
    Scope. This section states the scope of the standard, detailing 
what constitutes a hook-on chair. As stated in section II.A. of this 
preamble, the Scope section defines a hook-on chair to be ``[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 
the feeding surface for the occupant . . . [s]upported solely by the 
table on which it is mounted.'' The Scope section further specifies the 
appropriate ages and weights for children using portable hook-on chairs 
as ``between the ages of six months and three years and who weigh no 
more than 37 lb (16.8 kg) (95th percentile male at three years).''
    Terminology. This section provides definitions of terms specific to 
this standard.
    General Requirements. This section addresses numerous hazards with 
several general requirements, most of which are also found in the other 
ASTM juvenile product standards. The following are the general 
requirements contained in this section:
     Sharp points;
     Small parts;
     Lead in paint;
     Wood parts;
     Latching and locking mechanisms;
     Scissoring, shearing, and pinching (including during 
detachment from table support surface);
     Exposed coil springs;
     Openings;
     Labeling; and
     Protective components.
    Performance Requirements and Test Methods. These sections contain 
performance requirements specific to hook-on chairs, as well as test 
methods that must be used to assess conformity with such requirements. 
Below is a discussion of each.
     Chair Drop Test: The hook-on chair is dropped twice from a 
height of 36 inches on each of six different planes. The purpose of 
this performance requirement is to test that the hook-on chair does not 
exhibit any mechanical hazards (sharp points, sharp edges, or small 
parts) after a drop test has been performed.
     Static Load Test: The hook-on chair must support a weight 
of 100 pounds on both the maximum and minimum thickness test surfaces. 
The purpose of this performance requirement is to test that the hook-on 
chair is strong enough to support approximately three times the weight 
of a child expected to be in the seat.
     Seat and Seat Back Disengagement Test: The seat and seat 
back must remain fully attached to the frame of the chair when various 
forces are applied. The purpose of this performance requirement is to 
test that the seat and seat back are strong enough to withstand the 
forces they will be subject to during use.
     Chair Bounce Test: The chair must remain attached to the 
standard test surface and allow no movement greater than 1 in (25 mm) 
when a force is applied to the seat back and a weight is dropped onto 
the seat 50 times. The purpose of this test is to simulate a child 
bouncing up and down in the hook-on chair.
     Chair Pull/Push Test: A variety of forces and weights are 
used to verify that the hook-on chair does not detach from the test 
surface. The purpose of this test is to simulate a child's actions that 
might cause the chair to disengage from the table.
     Restraint System Performance Requirements and Tests: The 
standard requires that an active restraint system, such as a belt, be 
provided to secure a child in the seated position in each of the 
manufacturer-recommended use positions. In addition, the restraint 
system must include both a waist and a crotch restraint designed to 
require the crotch restraint to be used when the active restraint 
system is used. The restraint system must be attached to the chair 
before shipment so the system does not release during normal use. The 
purpose of this performance requirement is to test that the restraint 
system and its closing means do not break, separate, or permit removal 
of the occupant when various forces are applied.
     Openings and Passive Crotch Restraint System: This section 
requires the chair to be supplied with a passive crotch restraint. In 
addition, to prevent consumer mis-installation or non-installation, the 
standard requires the passive crotch restraint be installed on the 
product at the time of shipment. The leg openings must be tested, using 
a wedge block, to assess whether the passive crotch restraint is 
effective under the load. The hook-on chair is attached to a test 
surface and then the tapered end of the wedge block is inserted, and a 
25 lb. (111 N) force is applied to the wedge block to push (or pull) 
the wedge block through the opening. The wedge block is modeled from 
the hip/torso dimensions of the youngest expected user. In addition to 
the leg openings, any side openings of the seat, and openings in front 
of the occupant (between the chair and the supporting table structure), 
are also

[[Page 38046]]

tested in a similar manner. To comply with the requirement, the wedge 
block must not pass completely through any opening. The purpose of 
these provisions is to reduce the likelihood of children getting 
injured or dying as a result of sliding through or becoming entrapped 
in an opening.
     Scissoring, Shearing, and Pinching Disengagement Test: 
This test is intended to reduce the likelihood of children becoming 
injured due to motion caused by the rotation of a hook-on chair when 
one side (clamp) detaches from the table. One recall was conducted in 
cooperation with the CPSC for this issue. The firm reported that two 
incidents resulted in a finger amputation of the occupant in the hook-
on chair. In this test, the hook-on chair is partially attached to the 
minimum test surface with only one of the attachment-fastening devices 
firmly attached to the test surface; the other fastening device is left 
loose. A CAMI infant dummy is placed in the hook-on chair with the 
restraints fastened. A force is then applied to the chair/arm frame in 
line with the loose fastening device in a direction that results in the 
rotation of the product on a horizontal plane around the other (fully 
tightened) attachment point. When the loose attachment point is no 
longer supported by the test surface, the force is discontinued, and 
the product is allowed to rotate vertically downward from the test 
surface. Scissoring, shearing, or pinching that may result in injury is 
not permissible during the entire test, including when the chair is 
rotating downward.
    Marking and Labeling. This section contains various requirements 
relating to warnings, labeling, and required markings for hook-on 
chairs. This section prescribes various substance, format, and 
prominence requirements for such information.
    Instructional Literature. This sections requires that instructions 
be provided with hook-on chairs and be easy to read and understand. 
Additionally, the section contains requirements relating to 
instructional literature contents and format, as well as prominence of 
certain language.

VI. Assessment of the Voluntary Standard ASTM F1235-15

    CPSC believes that the current voluntary standard, ASTM F1235-15, 
addresses the primary hazard patterns identified in the incident data. 
The following section discusses how each of the identified product-
related issues or hazard patterns listed in section III.C. of this 
preamble is addressed by the current voluntary standard, ASTM F1235-15:

A. Chair's Attachment

    CPSC is aware of 45 incidents in which the attachment of the hook-
on chair to the table was compromised. ASTM F1235-15 contains two 
separate requirements with the intended purpose of reducing the 
likelihood of a hook-on chair becoming detached from its supporting 
surface: the chair bounce test and the chair pull/push test. 
Additionally, in response to CPSC staff's request, ASTM formed a task 
group to address hazards associated with partial detachment of a chair, 
which can result in scissoring or shearing hazards. CPSC staff worked 
with ASTM to develop performance requirements to address this hazard. 
Accordingly, the standard includes a requirement (first introduced in 
ASTM F1235-14a) to reduce injuries in the event that a hook-on chair 
partially detaches from the table support surface: the scissoring, 
shearing, and pinching test. CPSC believes these requirements 
adequately address this hazard pattern.

B. Restraint or Containment

    CPSC is aware of 22 incidents involving or likely involving issues 
with the hook-on chair restraints or other means of containment. In 
these instances, children slipped and became entrapped by the neck, or 
children were able to stand up and fall out over the sides of the 
chair. The only known fatality in the incident data occurred when a 
child's head and neck became wedged between the seat and table edge. 
Similar non-fatal incidents were also reported. Additionally, CPSC 
received reports of children standing and then slipping and becoming 
trapped between the table and the hook-on chair.
    In response to reported incidents, CPSC staff worked with an ASTM 
task group to create a provision that hook-on chairs must contain a 
passive crotch restraint--a ``component that separates the openings for 
the legs of the occupant into two separate bounded openings and 
requires no action on the part of the caregiver to use except to 
position one leg into each opening created by the component.'' Before 
the 2014 version of the standard, ASTM F1235 did not contain a passive 
crotch restraint requirement.
    Additionally, CPSC's work with the ASTM task group led to a related 
leg openings performance requirement and test method. Consequently, the 
current standard contains an openings requirement and associated test 
methodologies that cover leg openings and side openings. This 
requirement also applies to completely bounded openings in front of the 
occupant, addressing entrapment between the leading edge of the chair 
and the supporting table surface.
    ASTM F1235-15 requires that all hook-on chairs contain a crotch and 
waist belt restraint system. In addition, the restraint system 
undergoes testing to check that the system restrains the child as 
intended. The leg openings, openings around the side and in front of 
the seat, and the area between the chair and the supporting table are 
all tested to check that an occupant cannot slide through or become 
entrapped in the openings. CPSC believes these recent additions to the 
standard adequately address this hazard pattern.

C. Fabric- and Component-Related Incidents

    CPSC is aware of 15 incidents in which seat fabric, seat fabric 
fasteners, or other chair components failed. ASTM F1235-15 includes 
three different performance tests to help address this hazard pattern: 
the chair drop test, the static load test, and the seat/seat back 
disengagement test. Additionally, warning and instructional literature 
improvements included in the last revision of the standard will help 
prevent snaps or Velcro from unintentionally detaching due to 
foreseeable misuse and abuse. CPSC believes that ASTM F1235-15 
adequately addresses this hazard pattern.

D. Other

    ASTM F1235-15 includes revised requirements for marking and 
labeling and instructional literature. These improvements are intended 
to help reduce incidents of misuse, such as attaching a hook-on chair 
to a table for which it was not intended. CPSC believes that the 
standard contains adequate and clear warnings related to known hazards 
associated with hook-on chairs.

VII. Proposed CPSC Standard for Hook-On Chairs

    As explained in the previous section of this preamble, the 
Commission concludes that ASTM F1235-15 adequately addresses the 
hazards associated with hook-on chairs. Thus, the Commission proposes 
to incorporate by reference ASTM F1235-15 without any modifications.

VIII. Amendment to 16 CFR Part 1112 To Include NOR for Hook-On Chairs 
Standard

    The CPSA establishes certain requirements for product certification

[[Page 38047]]

and testing. 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, must be certified as complying 
with all applicable CPSC-enforced requirements. 15 U.S.C. 2063(a). 
Certification of children's products subject to a children's product 
safety rule must be based on testing conducted by a CPSC-accepted third 
party conformity assessment body. Id. 2063(a)(2). The Commission must 
publish an NOR for the accreditation of third party conformity 
assessment bodies to assess conformity with a children's product safety 
rule to which a children's product is subject. Id. 2063(a)(3). Thus, 
the proposed rule for 16 CFR part 1233, Safety Standard for Portable 
Hook-On Chairs, if issued as a final rule, would be a children's 
product safety rule that requires the issuance of an NOR.
    The Commission published a final rule, Requirements Pertaining to 
Third Party Conformity Assessment Bodies, 78 FR 15836 (March 12, 2013), 
codified at 16 CFR part 1112 (``part 1112'') and effective on June 10, 
2013, which establishes requirements for accreditation of third party 
conformity assessment bodies to test for conformity with a children's 
product safety rule in accordance with section 14(a)(2) of the CPSA. 
Part 1112 also codifies all of the NORs issued previously by the 
Commission.
    All new NORs for new children's product safety rules, such as the 
hook-on chair standard, require an amendment to part 1112. To meet the 
requirement that the Commission issue an NOR for the proposed hook-on 
chair standard, as part of this NPR, the Commission proposes to amend 
the existing rule that codifies the list of all NORs issued by the 
Commission to add hook-on chairs to the list of children's product 
safety rules for which the CPSC has issued an NOR.
    Test laboratories applying for acceptance as a CPSC-accepted third 
party conformity assessment body to test to the new standard for hook-
on chairs would be required to meet the third party conformity 
assessment body accreditation requirements in part 1112. When a 
laboratory meets the requirements as a CPSC-accepted third party 
conformity assessment body, the laboratory can apply to the CPSC to 
have 16 CFR part 1233, Safety Standard for Portable Hook-On Chairs, 
included in the laboratory's scope of accreditation of CPSC safety 
rules listed for the laboratory on the CPSC Web site at: www.cpsc.gov/labsearch.

IX. Incorporation by Reference

    Section 1233.2(a) of the proposed rule incorporates by reference 
ASTM F1235-15. The Office of the Federal Register (``OFR'') has 
regulations concerning incorporation by reference. 1 CFR part 51. The 
OFR recently revised these regulations to require that, for a proposed 
rule, agencies must discuss in the preamble of the NPR ways that the 
materials the agency proposes to incorporate by reference are 
reasonably available to interested persons or how the agency worked to 
make the materials reasonably available. In addition, the preamble of 
the proposed rule must summarize the material. 1 CFR 51.5(a).
    In accordance with the OFR's requirements, section V.B. of this 
preamble summarizes the provisions of ASTM F1235-15 that the Commission 
proposes to incorporate by reference. ASTM F1235-15 is copyrighted. By 
permission of ASTM, the standard can be viewed as a read-only document 
during the comment period on this NPR, at: https://www.astm.org/cpsc.htm. Interested persons may also purchase a copy of ASTM F1235-15 
from ASTM International, 100 Bar Harbor Drive, P.O. Box 0700, West 
Conshohocken, PA 19428; https://www.astm.org/cpsc.htm. One may also 
inspect a copy 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.

X. Effective Date

    The Administrative Procedure Act (``APA'') generally requires that 
the effective date of a rule be at least 30 days after publication of 
the final rule. 5 U.S.C. 553(d). The Commission is proposing an 
effective date of six months after publication of the final rule in the 
Federal Register. Without evidence to the contrary, CPSC generally 
considers six months to be sufficient time for suppliers to come into 
compliance with a new standard, and a six-month effective date is 
typical for other CPSIA section 104 rules. Six months is also the 
period that the Juvenile Products Manufacturers Association (``JPMA'') 
typically allows for products in the JPMA certification program to 
transition to a new standard once that standard is published.
    We also propose a six-month effective date for the amendment to 
part 1112. We ask for comments on the proposed six-month effective 
date.

XI. Regulatory Flexibility Act

A. Introduction

    The Regulatory Flexibility Act (``RFA'') requires that agencies 
review a proposed rule for the rule's potential economic impact on 
small entities, including small businesses. Section 603 of the RFA 
generally requires that agencies prepare an initial regulatory 
flexibility analysis (``IRFA'') and make the analysis available to the 
public for comment when the agency publishes an NPR. 5 U.S.C. 603. 
Section 605 of the RFA provides that an IRFA is not required if the 
agency certifies that the rule will not, if promulgated, have a 
significant economic impact on a substantial number of small entities. 
As explained in this section, the Commission concludes that the 
standard for hook-on chairs, if promulgated as a final rule, will not 
have a significant economic impact on a substantial number of small 
entities. 5 U.S.C. 605(b).

B. Market Description

    The Commission has identified 10 firms supplying hook-on chairs to 
the U.S. market, typically priced at $40 to $80 each. These firms 
specialize in the manufacture and/or distribution of durable nursery 
products and represent only a small segment of the juvenile products 
industry. All but two of these firms are represented by the JPMA which, 
according to its Web site, represents 95 percent of the North American 
industry or about 250 companies. Nine of the 10 known firms are 
domestic (including 3 manufacturers and 6 importers). The remaining 
firm is a foreign manufacturer.
    Hook-on chairs represent only a small proportion of each firm's 
overall product line; on average, each firm supplies one hook-on chair 
model to the U.S. market annually. This reflects hook-on chairs' 
relative lack of popularity when compared with substitute products such 
as high chairs and booster chairs. In 2013, the CPSC conducted a 
Durable Nursery Product Exposure Survey (``DNPES'') of U.S. households 
with children under age 6. Data from the DNPES indicate that there are 
an estimated 2.04 million hook-on chairs in U.S. households with 
children under the age of 6. The number of high chairs and booster 
chairs was each more than four times higher with an estimated 9.74 
million and 8.91 million in U.S. households with children under age 6, 
respectively.

[[Page 38048]]

C. Impact of Proposed 16 CFR Part 1233 on Small Businesses

    We are aware of approximately 10 firms currently marketing portable 
hook-on chairs in the United States, 9 of which are domestic firms. 
Under U.S. Small Business Administration (``SBA'') guidelines, a 
manufacturer of hook-on chairs is small if it has 500 or fewer 
employees, and importers and wholesalers are considered small if they 
have 100 or fewer employees. We limit our analysis to domestic firms 
because SBA guidelines and definitions pertain to U.S.-based entities. 
Based on these guidelines, six of the nine domestic suppliers are 
small--two domestic manufacturers and four domestic importers. Staff 
expects that the hook-on chairs of nine of the 10 firms are compliant 
with ASTM F1235 because they are either: (1) Certified by the JPMA 
(three firms); or (2) the supplier claims compliance with the voluntary 
standard (six firms). It is unknown at this time whether the hook-on 
chairs supplied by the remaining firm, the foreign manufacturer, comply 
with the ASTM voluntary standard.
    The costs of compliance with the proposed standard, if any, are 
expected to be negligible for all known small firms, all of which have 
hook-on chairs compliant with the ASTM voluntary standard currently in 
effect for testing purposes (F1235-14). These firms are expected to 
remain compliant with the voluntary standard as it evolves, because 
they follow (and most of these firms actively participate in) the 
standard development process. Therefore, compliance with the voluntary 
standard is part of an established business practice. ASTM F1235-15, 
the version of the voluntary standard that the Commission proposes to 
adopt without modification as the mandatory hook-on chair standard, 
will be in effect for testing purposes by the time the mandatory 
standard becomes final. These firms are likely to be in compliance by 
the rule's effective date, based on their history.
    Under section 14 of the CPSA, once the new hook-on chair 
requirements become effective, all manufacturers will be subject to the 
third party testing and certification requirements under the testing 
rule, Testing and Labeling Pertaining to Product Certification (16 CFR 
part 1107) (``1107 rule''). Importers will also be subject to these 
requirements if their supplying foreign firm(s) does not perform third 
party testing. Third party testing will include any physical and 
mechanical test requirements specified in the final hook-on chairs 
rule. Manufacturers and importers of hook-on chairs should already be 
conducting required lead or phthalates testing for hook-on chairs. Any 
costs associated with third party testing are in addition to the direct 
costs of meeting the hook-on chair standard.
    Additional testing costs for manufacturers are expected to be small 
because all hook-on chairs in the U.S. market are currently tested to 
verify compliance with the ASTM standard, though not necessarily via 
third party. According to estimates from suppliers, testing to the ASTM 
voluntary standard typically costs about $600-$1,000 per model sample. 
Based on an examination of firm revenues from recent Dun & Bradstreet 
or ReferenceUSAGov reports, the impact of third party testing to ASTM 
F1235-15 is unlikely to be economically significant for small 
manufacturers (i.e., testing costs will be less than 1 percent of gross 
revenue). Although it is unknown how many samples will be needed to 
meet the ``high degree of assurance'' criterion required in the 1107 
rule, over 35 units per model would be required to make testing costs 
exceed one percent of gross revenue for the small manufacturer with the 
lowest gross revenue. Note that this calculation assumes the rule would 
generate additional testing costs in the $600-$1,000 per model sample 
range. Given that all firms are conducting some testing already, this 
likely overestimates the impact of the rule on testing costs.
    Likewise, we expect the cost of third party testing to the proposed 
rule to be small for small importers. Again, all hook-on chairs are 
currently tested to verify compliance with the ASTM standard. 
Discussions with one importer indicate that this testing is currently 
conducted by their foreign supplier. Second, as with manufacturers, any 
costs would be limited to the incremental costs associated with third 
party testing over the current testing regime, to the extent there are 
any additional costs.
    Both the costs of compliance and the incremental costs of testing 
due to the 1107 rule are not expected to be economically significant 
for manufacturers and importers of hook-on chairs. However, even if the 
costs were significant, the affected firms have diverse product lines, 
only a minor part consisting of hook-on chairs; an economically 
feasible option is to discontinue the product line and remain in 
business.
    The analysis above shows that there are only a few small suppliers 
of hook-on chairs, and these few firms represent only a small segment 
of the juvenile products industry. Moreover, this product is only one 
of many in each firm's product line and is unlikely to be of particular 
importance to a firm's overall market plan. All of the hook-on chairs 
supplied by these firms comply with the voluntary standard and are 
expected to continue to do so. Consequently, the costs of compliance, 
if any, are expected to be negligible. Third party testing costs are 
expected to be very small and economically insignificant (i.e., less 
than one percent of gross revenue for affected firms), given that all 
of the hook-on chairs supplied by these firms are already being tested 
to the ASTM voluntary standard. For these reasons, the Commission 
certifies that the proposed hook-on chair rule will not have a 
significant impact on a substantial number of small entities.

D. Impact of Proposed 16 CFR Part 1112 Amendment on Small Businesses

    This proposed rule would also amend part 1112 to add hook-on chairs 
to the list of children's products for which the Commission has issued 
an NOR. As required by the RFA, staff conducted a Final Regulatory 
Flexibility Analysis (``FRFA'') when the Commission issued the part 
1112 rule (78 FR 15836, 15855-58). Briefly, the FRFA concluded that the 
accreditation requirements would not have a significant adverse impact 
on a substantial number of small test laboratories because no 
requirements were imposed on test laboratories that did not intend to 
provide third party testing services. The only test laboratories that 
were expected to provide such services were those that anticipated 
receiving sufficient revenue from the mandated testing to justify 
accepting the requirements as a business decision. Moreover, a test 
laboratory would only choose to provide such services if it anticipated 
receiving revenues sufficient to cover the costs of the requirements.
    Based on similar reasoning, amending 16 CFR part 1112 to include 
the NOR for the hook-on chairs standard will not have a significant 
adverse impact on small test laboratories. Moreover, based upon the 
number of test laboratories in the United States that have applied for 
CPSC acceptance of accreditation to test for conformance to other 
mandatory juvenile product standards, we expect that only a few test 
laboratories will seek CPSC acceptance of their accreditation to test 
for conformance with the hook-on chair standard. Most of these test 
laboratories will have already been accredited to test for conformity 
to other mandatory juvenile product standards, and the only costs to 
them would be the cost of adding the hook-on chairs standard to their 
scope

[[Page 38049]]

of accreditation. For these reasons, the Commission certifies that the 
NOR amending 16 CFR part 1112 to include the hook-on chairs standard 
will not have a significant impact on a substantial number of small 
entities.

XII. Environmental Considerations

    The Commission's regulations address whether the agency is required 
to prepare an environmental assessment or an environmental impact 
statement. Under these regulations, a rule that has ``little or no 
potential for affecting the human environment,'' is categorically 
exempt from this requirement. 16 CFR 1021.5(c)(1). The proposed rule 
falls within the categorical exemption.

XIII. Paperwork Reduction Act

    This proposed rule contains information collection requirements 
that are subject to public comment and review by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3521). In this document, pursuant to 44 U.S.C. 
3507(a)(1)(D), we set forth:
     A title for the collection of information;
     a summary of the collection of information;
     a brief description of the need for the information and 
the proposed use of the information;
     a description of the likely respondents and proposed 
frequency of response to the collection of information;
     an estimate of the burden that shall result from the 
collection of information; and
     notice that comments may be submitted to the OMB.
    Title: Safety Standard for Portable Hook-On Chairs
    Description: The proposed rule would require each hook-on chair to 
comply with ASTM F1235-15, Standard Consumer Safety Specification for 
Portable Hook-On Chairs. Sections 8 and 9 of ASTM F1235-15 contain 
requirements for marking, labeling, and instructional literature. These 
requirements fall within the definition of ``collection of 
information,'' as defined in 44 U.S.C. 3502(3).
    Description of Respondents: Persons who manufacture or import hook-
on chairs.
    Estimated Burden: We estimate the burden of this collection of 
information as follows:

                                                       Table 3--Estimated Annual Reporting Burden
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Number of       Frequency of     Total annual      Hours per       Total burden
                           16 CFR section                              respondents       responses        responses         response          hours
--------------------------------------------------------------------------------------------------------------------------------------------------------
1233.2(a)..........................................................              10                1               10                1               10
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Our estimate is based on the following:
    Section 8.1 of ASTM F1235-15 requires that the name and the place 
of business (city, state, and mailing address, including zip code) or 
telephone number of the manufacturer, distributor, or seller be marked 
clearly and legibly on each product and its retail package. Section 8.2 
of ASTM F1235-15 requires a code mark or other means that identifies 
the date (month and year, as a minimum) of manufacture.
    Ten known entities supply hook-on chairs to the U.S. market may 
need to make some modifications to their existing labels. We estimate 
that the time required to make these modifications is about 1 hour per 
model. Based on an evaluation of supplier product lines, each entity 
supplies an average of one model of hook-on chairs; \1\ therefore, the 
estimated burden associated with labels is 1 hour per model x 10 
entities x 1 models per entity = 10 hours. We estimate the hourly 
compensation for the time required to create and update labels is 
$30.09 (U.S. Bureau of Labor Statistics, ``Employer Costs for Employee 
Compensation,'' Dec. 2014, Table 9, total compensation for all sales 
and office workers in goods-producing private industries: https://www.bls.gov/ncs/). Therefore, the estimated annual cost to industry 
associated with the labeling requirements is $300.90 ($30.09 per hour x 
10 hours = $300.90). No operating, maintenance, or capital costs are 
associated with the collection.
---------------------------------------------------------------------------

    \1\ This number was derived during the market research phase of 
the initial regulatory flexibility analysis by dividing the total 
number of hook-on chairs supplied by all hook-on chair suppliers by 
the total number of hook-on chair suppliers.
---------------------------------------------------------------------------

    Section 9.1 of ASTM F1235-15 requires instructions to be supplied 
with the product. Hook-on chairs are complicated products that 
generally require use and assembly instructions. Under the OMB's 
regulations (5 CFR 1320.3(b)(2)), the time, effort, and financial 
resources necessary to comply with a collection of information that 
would be incurred by persons in the ``normal course of their 
activities'' are excluded from a burden estimate, where an agency 
demonstrates that the disclosure activities required to comply are 
``usual and customary.'' We are unaware of hook-on chairs that 
generally require use instructions but lack such instructions. 
Therefore, we tentatively estimate that no burden hours are associated 
with section 9.1 of ASTM F1235-15, because any burden associated with 
supplying instructions with hook-on chairs would be ``usual and 
customary'' and not within the definition of ``burden'' under the OMB's 
regulations.
    Based on this analysis, the proposed standard for hook-on chairs 
would impose a burden to industry of 10 hours at a cost of $313.20 
annually.
    In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), we have submitted the information collection requirements of 
this rule to the OMB for review. Interested persons are requested to 
submit comments regarding information collection by August 3, 2015, to 
the Office of Information and Regulatory Affairs, OMB (see the 
ADDRESSES section at the beginning of this notice).
    Pursuant to 44 U.S.C. 3506(c)(2)(A), we invite comments on:
     Whether the collection of information is necessary for the 
proper performance of the CPSC's functions, including whether the 
information will have practical utility;
     the accuracy of the CPSC's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
     ways to enhance the quality, utility, and clarity of the 
information to be collected;
     ways to reduce the burden of the collection of information 
on respondents, including the use of automated collection techniques, 
when appropriate, and other forms of information technology; and
     the estimated burden hours associated with label 
modification, including any alternative estimates.

XIV. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that when a 
consumer product safety standard is in effect and

[[Page 38050]]

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. Section 
104(b) of the CPSIA refers to the rules to be issued under that section 
as ``consumer product safety rules.'' Therefore, the preemption 
provision of section 26(a) of the CPSA would apply to a rule issued 
under section 104.

XV. Request for Comments

    This NPR begins a rulemaking proceeding under section 104(b) of the 
CPSIA to issue a consumer product safety standard for hook-on chairs, 
and to amend part 1112 to add hook-on chairs to the list of children's 
product safety rules for which the CPSC has issued an NOR. We invite 
all interested persons to submit comments on any aspect of the proposed 
mandatory safety standard for hook-on chairs and on the proposed 
amendment to part 1112. Specifically, the Commission requests comments 
on the costs of compliance with, and testing to, the proposed hook-on 
chair safety standard, the proposed six-month effective date for the 
new mandatory hook-on chair safety standard, and the proposed amendment 
to part 1112. During the comment period, the ASTM F1235-15, Standard 
Consumer Safety Specification for Portable Hook-On Chairs, is available 
as a read-only document at: https://www.astm.org/cpsc.htm.
    Comments should be submitted in accordance with the instructions in 
the ADDRESSES section at the beginning of this notice.

List of Subjects

16 CFR Part 1112

    Administrative practice and procedure, Audit, Consumer protection, 
Reporting and recordkeeping requirements, Third party conformity 
assessment body.

16 CFR Part 1233

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

    For the reasons discussed in the preamble, the Commission proposes 
to amend Title 16 of the Code of Federal Regulations as follows:

PART 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY 
ASSESSMENT BODIES

0
1. The authority citation for part 1112 continues to read as follows:

    Authority: 15 U.S.C. 2063; Pub. L. 110-314, section 3, 122 Stat. 
3016, 3017 (2008).

0
2. Amend Sec.  1112.15 by adding paragraph (b)(40) to read as follows:


Sec.  1112.15  When can a third party conformity assessment body apply 
for CPSC acceptance for a particular CPSC rule and/or test method?

* * * * *
    (b) * * *
    (40) 16 CFR part 1233, Safety Standard for Portable Hook-On Chairs.
* * * * *
0
3. Add part 1233 to read as follows:

PART 1233--SAFETY STANDARD FOR PORTABLE HOOK-ON CHAIRS

Sec.
1233.1 Scope.
1233.2 Requirements for portable hook-on chairs.

    Authority: The Consumer Product Safety Improvement Act of 2008, 
Pub. L. 110-314, Sec.  104, 122 Stat. 3016 (August 14, 2008); Pub. 
L. 112-28, 125 Stat. 273 (August 12, 2011).


Sec.  1233.1  Scope.

    This part establishes a consumer product safety standard for 
portable hook-on chairs.


Sec.  1233.2  Requirements for portable hook-on chairs.

    Each portable hook-on chair must comply with all applicable 
provisions of ASTM F1235-15, Standard Consumer Safety Specification for 
Portable Hook-On Chairs, approved on May 1, 2015. 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. You may obtain a copy from ASTM 
International, 100 Bar Harbor Drive, P.O. Box 0700, West Conshohocken, 
PA 19428; https://www.astm.org/cpsc.htm. 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: June 29, 2015.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2015-16330 Filed 7-1-15; 8:45 am]
 BILLING CODE 6355-01-P