Safety Standard for Portable Hook-On Chairs, 17062-17065 [2016-06769]
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17062
Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Rules and Regulations
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1112 and 1233
[Docket No. CPSC–2015–0016]
Safety Standard for Portable Hook-On
Chairs
Consumer Product Safety
Commission.
ACTION: Final rule.
AGENCY:
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 issuing
a safety standard for portable hook-on
chairs (‘‘hook-on chairs’’) in response to
the direction of section 104(b) of the
CPSIA. In addition, the Commission is
amending its regulations regarding third
party conformity assessment bodies to
include the mandatory standard for
hook-on chairs in the list of Notices of
Requirements (‘‘NOR’’) issued by the
Commission.
SUMMARY:
This rule will become effective
September 28, 2016. The incorporation
by reference of the publication listed in
this rule is approved by the Director of
the Federal Register as of September 28,
2016.
FOR FURTHER INFORMATION CONTACT:
Keysha Walker, Compliance Officer,
U.S. Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: 301–
504–6820; email: kwalker@cpsc.gov.
SUPPLEMENTARY INFORMATION:
DATES:
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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
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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.
On July 2, 2015, the Commission
issued a notice of proposed rulemaking
(‘‘NPR’’) for hook-on chairs. 80 FR
38041. The NPR proposed to
incorporate by reference the voluntary
standard, ASTM F1235–15, Standard
Consumer Safety Specification for
Portable Hook-On Chairs, without
modification. In this document, the
Commission is issuing a mandatory
safety standard for hook-on chairs. As
required by section 104(b)(1)(A), the
Commission consulted with
manufacturers, retailers, trade
organizations, laboratories, consumer
advocacy groups, consultants, and the
public to develop this proposed
standard, largely through the ASTM
process. The rule incorporates by
reference the most recent voluntary
standard, developed by ASTM
International, ASTM F1235–15.
In addition, the final rule amends the
list of NORs issued by the Commission
in 16 CFR part 1112 to include the
standard for hook-on chairs. Under
section 14 of the Consumer Product
Safety Act (‘‘CPSA’’), the Commission
promulgated 16 CFR part 1112 to
establish requirements for accreditation
of third party conformity assessment
bodies (or testing laboratories) to test for
conformity with a children’s product
safety rule. Amending part 1112 adds a
NOR for the hook-on chair standard to
the list of children’s product safety
rules.
II. Product Description
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
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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 hookon chairs fold for easy storage or
transport, and some include a
removable tray that can be used in
conjunction with a table.
III. 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.
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 Juvenile
Products Manufacturers Association
(‘‘JPMA’’) (three firms); or (2) the
supplier claims compliance with the
voluntary standard (six firms). It is
unknown whether the hook-on chairs
supplied by the remaining firm, a
foreign manufacturer, comply with the
ASTM voluntary standard.
IV. Incident Data
The preamble to the NPR summarized
the hook-on chair incident data—
covering the period between January 1,
2000 and October 31, 2014—reported to
the Commission. 80 FR 38041. In the
NPR, CPSC’s Directorate for
Epidemiology, Division of Hazard
Analysis, identified 89 portable hook-on
chair-related incidents reported to the
CPSC that occurred during the covered
time period, including 50 incidents
involving injury, 38 non-injury
incidents, and one fatality. Since the
publication of the NPR, CPSC staff has
received 11 new reports (seven nonfatal
injuries and four incidents without
injury) that were determined to involve
portable hook-on chairs. The seven new
injuries all involved children between
the ages of 6 and 12 months. Among the
11 new incidents, no ages were reported
outside the ASTM-recommended user
range of 6 months to 3 years. The
hazards identified in the new incidents
are consistent with the hazard patterns
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identified among the incidents present
in the NPR briefing package.
V. Overview of ASTM F1235
The voluntary standard for hook-on
chairs was first approved and published
in 1989, as ASTM F1235–89, Standard
Consumer Safety Specification for
Portable Hook-On Chairs. ASTM has
revised the voluntary standard seven
times since initial publication of the
standard. The current version, ASTM
F1235–15, was approved on May 1,
2015. In the NPR, the Commission
proposed to incorporate ASTM F1235–
15, which addresses the hazard patterns
identified for hook-on chairs, without
modification.
VI. Response to Comments
The Commission received two
comments in response to the NPR. A
summary of each comment and a
response is provided below.
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A. General Support of Standard
Adoption
Comment: A comment from
representatives of Kids In Danger,
Consumer Federation of America, and
Consumers Union urged the
Commission to adopt the proposed rule
and agreed with staff’s
recommendations.
Response: The Commission is issuing
a final rule that is identical to the NPR.
B. Hook-On Chair Injuries
Comment: The second commenter
discussed infant fall data, head injuries,
severed body parts, and installation
considerations for hook-on chairs. In
addition, the commenter questioned
why ‘‘so many injuries, and even on[e]
fatality’’ occurred before anyone took
action to implement stringent standards.
Additionally, the commenter opined
that hook-on chairs never should have
been released to the market, or that they
should have been removed immediately
after compromised attachment incidents
surfaced. Lastly, the commenter opined
that even if injuries and fatalities
decrease after implementing this new
rule, the chances are high that more
infants will be killed.
Response: Section 104 of the CPSIA
requires the Commission to promulgate
consumer product safety standards for
durable infant or toddler products,
including hook-on chairs (specifically
identified by section 104(f)(2)(C) of the
CPSIA). Furthermore, section 104 of the
CPSIA lays out a broad timeline for
promulgation of such durable infant and
toddler product safety standards. These
standards must be ‘‘substantially the
same as’’ or more stringent than the
relevant voluntary standard.
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Accordingly, through section 104 of the
CPSIA, Congress has directed the
Commission to promulgate safety
standards relating to hook-on chairs
rather than ban their use.
The current ASTM standard, ASTM
F1235–15, incorporates numerous
changes implemented after hazard
patterns emerged under the previous
version of the standard, ASTM F1235–
08. For example, the one fatal incident
involved an older hook-on chair that did
not have a passive crotch restraint.
Passive crotch restraints are used to
prevent ‘‘submarining’’ deaths and are
specified in other similar juvenile
standards, such as the juvenile standard
for high chairs. Had the hook-on chair
involved in the fatal incident contained
a passive crotch restraint, the death
would not have occurred. In 2014,
ASTM added a performance
requirement for passive-crotch restraints
to ASTM F1235. During the ensuing 7
years between adoption of ASTM
F1235–08 and ASTM F1235–15, the
hazard patterns identified in the NPR
were all addressed, and corresponding
requirements were incorporated into the
2015 version of the standard. The
Commission is confident that these
changes in the standard (including
changes addressing scissoring/shearing,
openings, and labeling/markings) will
reduce injuries associated with hook-on
chairs.
arranged for commenters to have ‘‘read
only’’ access to ASTM F1235–15 during
the NPR’s comment period.
ASTM F1235–15 contains
requirements covering:
• 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.
The standard additionally contains
test methods that must be used to assess
conformity with these requirements.
VII. Final Rule
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 safety standard for
hook-on chairs and the corresponding
changes to part 1112 regarding
requirements for third party conformity
assessment bodies will become effective
6 months after publication of the final
rule in the Federal Register.
Without evidence to the contrary,
CPSC generally considers 6 months to
be sufficient time for suppliers to come
into compliance with a new standard,
and a 6-month effective date is typical
for other CPSIA section 104 rules. Six
months is also the period that JPMA
typically allows for products in the
JPMA certification program to transition
to a new standard once that standard is
published. The Commission proposed a
6-month effective date in the NPR and
did not receive any comments regarding
the effective date.
A. Final Rule for Part 1233 and
Incorporation by Reference
Section 1233.2(a) of the final rule
provides that hook-on chairs must
comply with ASTM F1235–15.
The Office of the Federal Register
(‘‘OFR’’) has regulations concerning
incorporation by reference. 1 CFR part
51. These regulations require that, for a
final rule, agencies must discuss in the
preamble of the rule the way 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 of the rule must
summarize the material. 1 CFR 51.5(b).
In accordance with the OFR’s
requirements, the discussion in this
section summarizes the provisions of
ASTM F1235–15. Interested persons
may purchase a copy of ASTM F1235–
15 from ASTM, either through ASTM’s
Web site or by mail at the address
provided in the rule. A copy of the
standard may also be inspected at the
CPSC’s Office of the Secretary, U.S.
Consumer Product Safety Commission,
or at NARA, as discussed above. We
note that the Commission and ASTM
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B. Amendment to 16 CFR Part 1112 To
Include NOR for Hook-On Chairs
Standard
The final rule amends part 1112 to
add a new § 1112.15(b)(40) that lists 16
CFR part 1233, Safety Consumer Safety
Specification for Portable Hook-On
Chairs, as a children’s products safety
rule for which the Commission has
issued an NOR. Section XIII of the
preamble provides additional
background information regarding
certification of hook-on chairs and
issuance of an NOR.
VIII. Effective Date
IX. Regulatory Flexibility Act
A. Introduction
The Regulatory Flexibility Act
(‘‘RFA’’), 5 U.S.C. 601–612, requires that
agencies review a proposed rule and a
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final rule for the rule’s potential
economic impact on small entities,
including small businesses. Section 604
of the RFA generally requires that
agencies prepare a final regulatory
flexibility analysis (‘‘FRFA’’) when
promulgating final rules, unless the
head of the agency certifies that the rule
will not have a significant economic
impact on a substantial number of small
entities.
B. Impact on Small Businesses
Approximately 10 firms currently
market portable hook-on chairs in the
United States, nine 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.
In the NPR briefing package, the
Commission certified that the proposed
hook-on chair rule would not have a
significant economic impact on a
substantial number of small entities.
That conclusion has not changed. All of
the domestic hook-on chairs appear to
conform to the current voluntary
standard and are expected to continue
to do so. Consequently, costs of
compliance, if any, are expected to be
negligible. Third party testing costs are
expected to be small and economically
insignificant (i.e., less than 1 percent of
gross revenues for the affected firms).
Furthermore, we received no comments
questioning or challenging the
certification that the rule would not
have a significant economic impact on
a substantial number of small entities.
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X. 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 final rule falls within
the categorical exemption.
XI. Paperwork Reduction Act
This 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). The
preamble to the proposed rule discussed
the information collection burden of the
proposed rule. Sections 8 and 9 of
ASTM F1235–15 contain requirements
for marking, labeling, and instructional
literature. These requirements fall
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within the definition of ‘‘collection of
information,’’ as defined in 44 U.S.C.
3502(3).
OMB has assigned control number
3041–0170 to this information
collection. The Commission did not
receive any comments regarding the
information collection burden of this
proposal.
XII. 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
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.
XIII. Amendment to 16 CFR Part 1112
To Include Notice of Requirements
(NOR) for Hook-On Chair Standard
Section 14(a) of the CPSA imposes the
requirement 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, must
be certified as complying with all
applicable CPSC-enforced requirements.
15 U.S.C. 2063(a). Section 14(a)(2) of the
CPSA requires that certification of
children’s products subject to a
children’s product safety rule be based
on testing conducted by a CPSCaccepted, third party conformity
assessment body. Section 14(a)(3) of the
CPSA requires the Commission to
publish a NOR for the accreditation of
third party conformity assessment
bodies (or laboratories) to assess
conformity with a children’s product
safety rule to which a children’s product
is subject. The Standard Consumer
Safety Specification for Hook-On
Chairs, to be codified at 16 CFR part
1233, is a children’s product safety rule
that requires the issuance of an NOR.
The Commission published a final
rule, Requirements Pertaining to ThirdParty Conformity Assessment Bodies, 78
FR 15836 (March 12, 2013), which is
codified at 16 CFR part 1112 (referred to
here as part 1112). This rule became
effective on June 10, 2013. Part 1112
establishes requirements for
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accreditation of third-party conformity
assessment bodies (or laboratories) to
test for conformance with a children’s
product safety rule in accordance with
section 14(a)(2) of the CPSA. Part 1112
also codifies a list of all of the NORs
that the CPSC had published at the time
part 1112 was issued. All NORs issued
after the Commission published part
1112, such as the standard for hook-on
chairs, require the Commission to
amend part 1112. Accordingly, the
Commission is now amending part 1112
to include the standard for hook-on
chairs in the list of other children’s
product safety rules for which the CPSC
has issued NORs.
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 thirdparty conformity assessment body
accreditation requirements in 16 CFR
part 1112, Requirements Pertaining to
Third-Party Conformity Assessment
Bodies. When a laboratory meets the
requirements as a CPSC-accepted thirdparty conformity assessment body, the
laboratory can apply to the CPSC to
have 16 CFR part 1233, Standard
Consumer Safety Specification for
Hook-on Chairs, included in its scope of
accreditation of CPSC safety rules listed
for the laboratory on the CPSC Web site
at: www.cpsc.gov/labsearch.
As required by the RFA, staff
conducted a 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
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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
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.
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,
Toys.
For the reasons discussed in the
preamble, the Commission amends title
16 of the Code of Federal Regulations as
follows:
PART 1112—REQUIREMENTS
PERTAINING TO THIRD PARTY
CONFORMITY ASSESSMENT BODIES
1. The authority citation for part 1112
continues to read as follows:
§ 1233.1
Scope.
This part establishes a consumer
product safety standard for portable
hook-on chairs.
§ 1233.2 Requirements for portable hookon chairs.
Each portable hook-on chair must
comply with all applicable provisions of
ASTM F1235–15, Standard Consumer
Safety Specification for Portable HookOn 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: March 22, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 2016–06769 Filed 3–25–16; 8:45 am]
BILLING CODE 6355–01–P
■
Authority: Pub. L. 110–314, section 3, 122
Stat. 3016, 3017 (2008); 15 U.S.C. 2063.
2. Amend § 1112.15 by adding and
reserving paragraph (b)(39) and adding
paragraph (b)(40) to read as follows:
■
§ 1112.15 When can a third party
conformity assessment body apply for
CPSC acceptance for a particular CPSC rule
or test method?
*
*
*
*
*
(b) * * *
(40) 16 CFR part 1233, Safety
Standard for Portable Hook-On Chairs.
*
*
*
*
*
■
3. Add part 1233 to read as follows:
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PART 1233–SAFETY STANDARD FOR
PORTABLE HOOK-ON CHAIRS
Sec.
1233.1 Scope.
1233.2 Requirements for portable hook-on
chairs.
Authority: Sec. 104, Pub. L. 110–314, 122
Stat. 3016 (August 14, 2008); Pub. L. 112–28,
125 Stat. 273 (August 12, 2011).
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COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 10
Rules of Practice
CFR Correction
In Title 17 of the Code of Federal
Regulations, Parts 1 to 40, revised as of
April 1, 2015, on page 386, in § 10.12,
paragraph (a)(2)(v) is reinstated to read
as follows:
§ 10.12 Service and filing of documents;
form and execution.
(a) * * *
(2) * * *
(v) Service shall be complete at the
time of personal service; upon deposit
in the mail or with a similar commercial
package delivery service of a properly
addressed document for which all
postage or delivery service fees have
been paid; or upon transmission by fax
or email. Where a party effects service
by mail or similar package delivery
service (but not by fax or email), the
time within which the party being
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17065
served may respond shall be extended
by five (5) days. Service by fax or email
shall be permitted at the discretion of
the Presiding Officer, with the parties’
consent. Signed documents that are
served by email must be in PDF or other
non-alterable form.
*
*
*
*
*
[FR Doc. 2016–07017 Filed 3–25–16; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 312 and 320
[Docket No. FDA–2016–N–0011]
Investigational New Drug Applications
for Biological Products;
Bioequivalence Regulations; Technical
Amendment
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendment.
ACTION:
The Food and Drug
Administration (FDA or Agency) is
amending its regulations to update the
address for applicants to submit
investigational new drug applications
(INDs) for biological products regulated
by the Center for Drug Evaluation and
Research (CDER). FDA is also amending
its regulations on the criteria and
evidence to assess actual and potential
bioequivalence problems
(bioequivalence regulations) to correct a
typographical error. FDA is taking this
action to ensure accuracy and clarity in
the Agency’s regulations.
DATES: This rule is effective March 28,
2016.
FOR FURTHER INFORMATION CONTACT:
Florine Purdie, Center for Drug
Evaluation and Research, Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 6248,
Silver Spring, MD 20993–0002, 301–
796–3601.
SUPPLEMENTARY INFORMATION: FDA is
amending 21 CFR 312.140(a)(2) to
update the address for applicants to
submit INDs for biological products
regulated by CDER. FDA is amending 21
CFR 320.33(f)(3) of its bioequivalence
regulations to correct a typographical
error by removing the phrase ‘‘(firstclass metabolism)’’ and adding in its
place ‘‘(first-pass metabolism).’’
Publication of this document
constitutes final action on these changes
under the Administrative Procedure Act
(5 U.S.C. 553). FDA has determined that
SUMMARY:
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28MRR1
Agencies
[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Rules and Regulations]
[Pages 17062-17065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06769]
[[Page 17062]]
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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: Final rule.
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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 issuing a safety standard for portable hook-on chairs (``hook-on
chairs'') in response to the direction of section 104(b) of the CPSIA.
In addition, the Commission is amending its regulations regarding third
party conformity assessment bodies to include the mandatory standard
for hook-on chairs in the list of Notices of Requirements (``NOR'')
issued by the Commission.
DATES: This rule will become effective September 28, 2016. The
incorporation by reference of the publication listed in this rule is
approved by the Director of the Federal Register as of September 28,
2016.
FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer,
U.S. Consumer Product Safety Commission, 4330 East West Highway,
Bethesda, MD 20814; telephone: 301-504-6820; email: kwalker@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.
On July 2, 2015, the Commission issued a notice of proposed
rulemaking (``NPR'') for hook-on chairs. 80 FR 38041. The NPR proposed
to incorporate by reference the voluntary standard, ASTM F1235-15,
Standard Consumer Safety Specification for Portable Hook-On Chairs,
without modification. In this document, the Commission is issuing a
mandatory safety standard for hook-on chairs. As required by section
104(b)(1)(A), the Commission consulted with manufacturers, retailers,
trade organizations, laboratories, consumer advocacy groups,
consultants, and the public to develop this proposed standard, largely
through the ASTM process. The rule incorporates by reference the most
recent voluntary standard, developed by ASTM International, ASTM F1235-
15.
In addition, the final rule amends the list of NORs issued by the
Commission in 16 CFR part 1112 to include the standard for hook-on
chairs. Under section 14 of the Consumer Product Safety Act (``CPSA''),
the Commission promulgated 16 CFR part 1112 to establish requirements
for accreditation of third party conformity assessment bodies (or
testing laboratories) to test for conformity with a children's product
safety rule. Amending part 1112 adds a NOR for the hook-on chair
standard to the list of children's product safety rules.
II. Product Description
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.
III. 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.
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
Juvenile Products Manufacturers Association (``JPMA'') (three firms);
or (2) the supplier claims compliance with the voluntary standard (six
firms). It is unknown whether the hook-on chairs supplied by the
remaining firm, a foreign manufacturer, comply with the ASTM voluntary
standard.
IV. Incident Data
The preamble to the NPR summarized the hook-on chair incident
data--covering the period between January 1, 2000 and October 31,
2014--reported to the Commission. 80 FR 38041. In the NPR, CPSC's
Directorate for Epidemiology, Division of Hazard Analysis, identified
89 portable hook-on chair-related incidents reported to the CPSC that
occurred during the covered time period, including 50 incidents
involving injury, 38 non-injury incidents, and one fatality. Since the
publication of the NPR, CPSC staff has received 11 new reports (seven
nonfatal injuries and four incidents without injury) that were
determined to involve portable hook-on chairs. The seven new injuries
all involved children between the ages of 6 and 12 months. Among the 11
new incidents, no ages were reported outside the ASTM-recommended user
range of 6 months to 3 years. The hazards identified in the new
incidents are consistent with the hazard patterns
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identified among the incidents present in the NPR briefing package.
V. Overview of ASTM F1235
The voluntary standard for hook-on chairs was first approved and
published in 1989, as ASTM F1235-89, Standard Consumer Safety
Specification for Portable Hook-On Chairs. ASTM has revised the
voluntary standard seven times since initial publication of the
standard. The current version, ASTM F1235-15, was approved on May 1,
2015. In the NPR, the Commission proposed to incorporate ASTM F1235-15,
which addresses the hazard patterns identified for hook-on chairs,
without modification.
VI. Response to Comments
The Commission received two comments in response to the NPR. A
summary of each comment and a response is provided below.
A. General Support of Standard Adoption
Comment: A comment from representatives of Kids In Danger, Consumer
Federation of America, and Consumers Union urged the Commission to
adopt the proposed rule and agreed with staff's recommendations.
Response: The Commission is issuing a final rule that is identical
to the NPR.
B. Hook-On Chair Injuries
Comment: The second commenter discussed infant fall data, head
injuries, severed body parts, and installation considerations for hook-
on chairs. In addition, the commenter questioned why ``so many
injuries, and even on[e] fatality'' occurred before anyone took action
to implement stringent standards. Additionally, the commenter opined
that hook-on chairs never should have been released to the market, or
that they should have been removed immediately after compromised
attachment incidents surfaced. Lastly, the commenter opined that even
if injuries and fatalities decrease after implementing this new rule,
the chances are high that more infants will be killed.
Response: Section 104 of the CPSIA requires the Commission to
promulgate consumer product safety standards for durable infant or
toddler products, including hook-on chairs (specifically identified by
section 104(f)(2)(C) of the CPSIA). Furthermore, section 104 of the
CPSIA lays out a broad timeline for promulgation of such durable infant
and toddler product safety standards. These standards must be
``substantially the same as'' or more stringent than the relevant
voluntary standard. Accordingly, through section 104 of the CPSIA,
Congress has directed the Commission to promulgate safety standards
relating to hook-on chairs rather than ban their use.
The current ASTM standard, ASTM F1235-15, incorporates numerous
changes implemented after hazard patterns emerged under the previous
version of the standard, ASTM F1235-08. For example, the one fatal
incident involved an older hook-on chair that did not have a passive
crotch restraint. Passive crotch restraints are used to prevent
``submarining'' deaths and are specified in other similar juvenile
standards, such as the juvenile standard for high chairs. Had the hook-
on chair involved in the fatal incident contained a passive crotch
restraint, the death would not have occurred. In 2014, ASTM added a
performance requirement for passive-crotch restraints to ASTM F1235.
During the ensuing 7 years between adoption of ASTM F1235-08 and ASTM
F1235-15, the hazard patterns identified in the NPR were all addressed,
and corresponding requirements were incorporated into the 2015 version
of the standard. The Commission is confident that these changes in the
standard (including changes addressing scissoring/shearing, openings,
and labeling/markings) will reduce injuries associated with hook-on
chairs.
VII. Final Rule
A. Final Rule for Part 1233 and Incorporation by Reference
Section 1233.2(a) of the final rule provides that hook-on chairs
must comply with ASTM F1235-15.
The Office of the Federal Register (``OFR'') has regulations
concerning incorporation by reference. 1 CFR part 51. These regulations
require that, for a final rule, agencies must discuss in the preamble
of the rule the way 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
of the rule must summarize the material. 1 CFR 51.5(b).
In accordance with the OFR's requirements, the discussion in this
section summarizes the provisions of ASTM F1235-15. Interested persons
may purchase a copy of ASTM F1235-15 from ASTM, either through ASTM's
Web site or by mail at the address provided in the rule. A copy of the
standard may also be inspected at the CPSC's Office of the Secretary,
U.S. Consumer Product Safety Commission, or at NARA, as discussed
above. We note that the Commission and ASTM arranged for commenters to
have ``read only'' access to ASTM F1235-15 during the NPR's comment
period.
ASTM F1235-15 contains requirements covering:
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.
The standard additionally contains test methods that must be used
to assess conformity with these requirements.
B. Amendment to 16 CFR Part 1112 To Include NOR for Hook-On Chairs
Standard
The final rule amends part 1112 to add a new Sec. 1112.15(b)(40)
that lists 16 CFR part 1233, Safety Consumer Safety Specification for
Portable Hook-On Chairs, as a children's products safety rule for which
the Commission has issued an NOR. Section XIII of the preamble provides
additional background information regarding certification of hook-on
chairs and issuance of an NOR.
VIII. 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 safety standard for hook-on chairs
and the corresponding changes to part 1112 regarding requirements for
third party conformity assessment bodies will become effective 6 months
after publication of the final rule in the Federal Register.
Without evidence to the contrary, CPSC generally considers 6 months
to be sufficient time for suppliers to come into compliance with a new
standard, and a 6-month effective date is typical for other CPSIA
section 104 rules. Six months is also the period that JPMA typically
allows for products in the JPMA certification program to transition to
a new standard once that standard is published. The Commission proposed
a 6-month effective date in the NPR and did not receive any comments
regarding the effective date.
IX. Regulatory Flexibility Act
A. Introduction
The Regulatory Flexibility Act (``RFA''), 5 U.S.C. 601-612,
requires that agencies review a proposed rule and a
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final rule for the rule's potential economic impact on small entities,
including small businesses. Section 604 of the RFA generally requires
that agencies prepare a final regulatory flexibility analysis
(``FRFA'') when promulgating final rules, unless the head of the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities.
B. Impact on Small Businesses
Approximately 10 firms currently market portable hook-on chairs in
the United States, nine 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.
In the NPR briefing package, the Commission certified that the
proposed hook-on chair rule would not have a significant economic
impact on a substantial number of small entities. That conclusion has
not changed. All of the domestic hook-on chairs appear to conform to
the current voluntary standard and are expected to continue to do so.
Consequently, costs of compliance, if any, are expected to be
negligible. Third party testing costs are expected to be small and
economically insignificant (i.e., less than 1 percent of gross revenues
for the affected firms). Furthermore, we received no comments
questioning or challenging the certification that the rule would not
have a significant economic impact on a substantial number of small
entities.
X. 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 final rule falls
within the categorical exemption.
XI. Paperwork Reduction Act
This 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). The preamble to the proposed rule discussed the information
collection burden of the proposed rule. 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).
OMB has assigned control number 3041-0170 to this information
collection. The Commission did not receive any comments regarding the
information collection burden of this proposal.
XII. 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 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.
XIII. Amendment to 16 CFR Part 1112 To Include Notice of Requirements
(NOR) for Hook-On Chair Standard
Section 14(a) of the CPSA imposes the requirement 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, must be certified as complying with all applicable
CPSC-enforced requirements. 15 U.S.C. 2063(a). Section 14(a)(2) of the
CPSA requires that certification of children's products subject to a
children's product safety rule be based on testing conducted by a CPSC-
accepted, third party conformity assessment body. Section 14(a)(3) of
the CPSA requires the Commission to publish a NOR for the accreditation
of third party conformity assessment bodies (or laboratories) to assess
conformity with a children's product safety rule to which a children's
product is subject. The Standard Consumer Safety Specification for
Hook-On Chairs, to be codified at 16 CFR part 1233, is 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),
which is codified at 16 CFR part 1112 (referred to here as part 1112).
This rule became effective on June 10, 2013. Part 1112 establishes
requirements for accreditation of third-party conformity assessment
bodies (or laboratories) to test for conformance with a children's
product safety rule in accordance with section 14(a)(2) of the CPSA.
Part 1112 also codifies a list of all of the NORs that the CPSC had
published at the time part 1112 was issued. All NORs issued after the
Commission published part 1112, such as the standard for hook-on
chairs, require the Commission to amend part 1112. Accordingly, the
Commission is now amending part 1112 to include the standard for hook-
on chairs in the list of other children's product safety rules for
which the CPSC has issued NORs.
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 16 CFR part 1112, Requirements
Pertaining to Third-Party Conformity Assessment Bodies. 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, Standard Consumer Safety Specification for Hook-
on Chairs, included in its scope of accreditation of CPSC safety rules
listed for the laboratory on the CPSC Web site at: www.cpsc.gov/labsearch.
As required by the RFA, staff conducted a 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
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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 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.
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, Toys.
For the reasons discussed in the preamble, the Commission amends
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: Pub. L. 110-314, section 3, 122 Stat. 3016, 3017
(2008); 15 U.S.C. 2063.
0
2. Amend Sec. 1112.15 by adding and reserving paragraph (b)(39) and
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 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: Sec. 104, Pub. L. 110-314, 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: March 22, 2016.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2016-06769 Filed 3-25-16; 8:45 am]
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