Safety Standard for Children's Folding Chairs and Stools, 59505-59511 [2017-26997]
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59505
Rules and Regulations
Federal Register
Vol. 82, No. 240
Friday, December 15, 2017
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
SUPPLEMENTARY INFORMATION:
The Code of Federal Regulations is sold by
the Superintendent of Documents.
I. Background and Statutory Authority
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Parts 1112, 1130, and 1232
[Docket No. CPSC–2015–0029]
Safety Standard for Children’s Folding
Chairs and Stools
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 children’s folding
chairs and stools in response to the
direction under Section 104(b) of the
CPSIA. In addition, the Commission is
amending its regulations regarding third
party conformity assessment bodies to
include the safety standard for
children’s folding chairs and stools in
the list of Notices of Requirements
(NORs) issued by the Commission.
Finally, the Commission is amending its
regulations establishing requirements
for consumer registration of durable
infant or toddler products to identify
children’s folding stools as a durable
infant or toddler product.
DATES: This rule will become effective
June 15, 2018. The incorporation by
reference of the publication listed in
this rule is approved by the Director of
the Federal Register as of June 15, 2018.
FOR FURTHER INFORMATION CONTACT:
Keysha Walker, Office of Compliance
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SUMMARY:
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and Field Operations, U.S. Consumer
Product Safety Commission; 4330 East
West Highway, Bethesda, MD 20814;
email: kwalker@cpsc.gov; telephone:
(301) 504–6820.
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 or 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.
On October 19, 2015, the Commission
issued a notice of proposed rulemaking
(NPR) for children’s folding chairs and
stools. 80 FR 63155. The NPR proposed
to incorporate by reference the
voluntary standard that was in effect at
that time, ASTM F2613–14, Standard
Consumer Safety Specification for
Children’s Chairs and Stools. ASTM
F2613–14 contained testing and
performance requirements for any chair
or stool used by a single child who can
get in and get out of the product
unassisted and with a seat height 15
inches or less with or without a rocking
base. The NPR proposed to limit the
scope of the mandatory standard to
folding chairs and stools because the
hazards presented by folding chairs and
stools are different from non-folding
chairs and stools. In addition, the NPR
proposed to change the stability test
method to add a new performance
requirement and test method to address
sideways stability incidents in addition
to rearwards stability incidents, and to
revise the marking and labeling
sections. Since the NPR was issued,
ASTM has revised ASTM F2613–14
several times, as discussed in section V
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of this preamble. The current version of
the standard is ASTM F2613–17a.
In this document, the Commission is
issuing a mandatory safety standard that
incorporates by reference the most
recent voluntary standard, developed by
ASTM International, ASTM F2613–17a,
for children’s folding chairs and stools.
The mandatory standard does not
include non-folding chairs and stools.
The Commission is not making any
other modifications to the ASTM
standard. 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 the standard, largely
through the ASTM process. In addition,
as required by section 14 of the
Consumer Product Safety Act (CPSA),
the final rule amends the list of NORs
issued by the Commission in 16 CFR
part 1112 to include the standard for
children’s folding chairs and stools. The
final rule also amends the product
registration rule in 16 CFR part 1130 to
identify children’s folding stools, in
addition to children’s folding chairs, as
a durable infant or toddler product for
purposes of consumer product
registration requirements.
II. Product Description
The current voluntary standard,
ASTM F2613–17a, describes a
children’s folding chair or stool as
seating furniture with a seat height of 15
inches or less with a rigid frame that is
intended to be used as a support for the
body, limbs, or feet of a child when
sitting or resting in an upright or
reclining position, can be folded for
transport or storage, and may include a
rocking base. The product is intended to
be used by a single child who can get
out of the chair unassisted.
ASTM F26132–17a also includes a
definition for ‘‘chairs with side
containment’’ to describe ‘‘a children’s
chair or folding chair with armrests or
otherwise designed in a shape which
provides barriers in the vertical
direction above the seating surface to
the occupant’s left and right which can
act like arms or other side structures.’’
Other definitions remain unchanged
from ASTMF2613–14. A ‘‘children’s
chair’’ is defined as ‘‘seating furniture
with a rigid frame that is intended to be
used as a support for the body, limbs,
or feet of a child when sitting or resting
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in an upright or reclining position.’’ A
‘‘children’s stool’’ is defined as a
‘‘children’s chair without back, or
armrest.’’ A ‘‘folding chair’’ and
‘‘folding stool’’ is defined as ‘‘a
children’s chair or stool which can be
folded for transport or storage.’’ In the
NPR, the Commission proposed to limit
the scope of the mandatory standard to
folding chairs and stools because the
hazards presented by folding chairs and
folding stools are different from nonfolding chairs and stools. In this
document, the Commission incorporates
by reference ASTM F2613–17a, but
continues to limit the scope of the
mandatory standard to folding chairs
and stools.
III. Market Description
CPSC staff’s review of the market
shows that there are currently 13
domestic firms, rather than 14 domestic
firms identified in the NPR, supplying
children’s folding chairs and/or folding
stools to the U.S. market. Three firms
are large and ten firms are considered
small according to the Small Business
Administration (SBA) criteria.1 The
Juvenile Products Manufacturers
Association (JPMA) maintains a
certification program for children’s
folding chairs and folding stools, and
there is one active participant at this
time. Other than this certification
program, compliance with the ASTM
standard is self-reported. Two
additional children’s folding chair
suppliers claim compliance with the
voluntary standard.
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IV. Incident Data
The preamble to the NPR summarized
the incident data covering the period
from January 2003 through December
31, 2014. CPSC staff identified a total of
98 incidents, including 45 nonfatal
injuries, related to children’s folding
chairs or stools that were reported to
have occurred. Since the publication of
the NPR, CPSC staff has received ten
new reports of incidents. Two of the
incidents occurred in July and
December of 2014, but were not fully
investigated or reported until 2015. Of
the other eight incidents, two occurred
in 2015, three in 2016, and three in
2017. All ten incidents involved folding
chairs intended for children under age
5. They were reported under CPSC’s
Consumer Product Safety Risk
Management System (CPSRMS). Seven
indicated some form of injury, including
amputation or fracture of a finger,
1 The Small Business Administration categorizes
manufacturers as ‘‘small’’ if they have fewer than
500 employees and importers or wholesalers as
small if they have fewer than 100 employees.
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bruising (petechiae) of an arm, and head
injuries due to falls.
Additionally, since December 31,
2014, CPSC staff’s review of the
National Electronic Injury Surveillance
System (NEISS) included several reports
of folding chair incidents, but there was
insufficient information to determine
which, if any, of the NEISS cases
involved folding chairs intended for
children under the age of 5. Most of the
hazards identified in the new incidents
are consistent with the hazard patterns
identified among the incidents
presented in the NPR briefing package,
with pinch/shear hazards the most
common hazard category.
V. Overview of ASTM F2613
The voluntary standard, ASTM
F2613, Standard Consumer Safety
Specification for Children’s Chairs and
Stools, was first approved and
published in 2007. The scope of
products covered by the original
version, F2613–07, was limited to
‘‘children’s folding chairs’’ with a seat
height of 15 inches or less. Significant
revisions were made in 2013, in ASTM
F2613–13, that were designed to expand
the scope of the voluntary standard to
all children’s chairs and stools. On
October 19, 2015, the Commission
proposed to incorporate by reference
ASTM F2613–14, with modifications.
80 FR 63155. Since the publication of
the NPR, the standard has been revised
four additional times, as discussed
below. The current voluntary standard
for children’s chairs and stools is ASTM
F2613–17a.
A. ASTM F2613–16
ASTM F2613–16 was published in
May 2016. The changes adopted in
ASTM F2613–16 included the following
revisions:
• Added a definition for chairs with
side containment (a children’s chair or
folding chair with armrests or otherwise
designed in a shape which provides
barriers in the vertical direction above
the seating surface to the occupant’s left
and right, which can act like arms or
side structures);
• Added a test requirement and test
method for sideways stability for chairs
with side containment;
• Added a diagram for measuring seat
surface height;
• Added a diagram for side stability
test.
B. ASTM F2613–16 ε1
ASTM F2613–16 ε1 was published in
June 2016. ASTM published an editorial
revision, which corrected a printing
error which had distorted the diagram
in Figure 4, and a typographical error in
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paragraph 6.8.1.1, revising the test
surface angle tolerance from +/¥5
degree to +/¥0.5 degree.
C. ASTM F2613–17
ASTM F2613–17 was published in
August 2017 with the following
revisions:
• Modifications to the marking and
labeling section of ASTM F2613–16 ε1 to
address the changes proposed in the
NPR.
• Modifications to the stability test
performed on chairs with non-rigid
seats to clarify the placement of the test
cylinder during the stability test.
• Modifications to the folding
mechanisms and hinges section of
F2613–16 ε1 to clarify that chairs that
fold are required to either have a locking
mechanism to prevent folding of the
chair by the child, or have adequate
hinge-line clearance to prevent pinching
and lacerations during folding.
• Modification of the standard’s
scope to exempt children’s potties.
D. ASTM F2613–17a
The current version, ASTM F2613–
17a, was published in October 2017.
The revision makes minor editorial
changes including the removal of side
stability testing for stools because chairs
and stools without side containment are
exempt from side stability testing, and
stools, by definition, do not have side
containment. In addition, an incorrect
reference to Fig.1 (Tension test Adaptor/
Clamp) is removed.
ASTM F2613–17a addresses the
issues raised in the NPR by
strengthening the provisions of the
voluntary standard. The current
standard clarifies in section 5.8
(Products that Fold) that chairs that fold
are required to either have a latching or
locking mechanism to prevent folding of
the chair by the child, or have adequate
hinge-line clearance to prevent pinching
and lacerations during folding. These
requirements are intended to eliminate
possible crushing, laceration, or
pinching hazards that might occur in
folding latching or locking mechanisms
and hinges. In addition, the current
standard now includes, under section
6.8 (Stability Test Method), a sideways
stability test, in addition to a rearward
stability test. The standard also clarifies
proper cylinder positioning for chairs
and stools for stability testing. The
addition of the sideways stability test, in
addition to the rearwards stability test
will help address incidents that involve
children’s chairs with side containment
tipping sideways or rearwards.
ASTM F2613–17a also incorporates
the recommendations developed by the
ASTM Ad Hoc Committee on
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Standardized Wording for Juvenile
Product Standards (ASTM Ad Hoc Task
Group), and the proposed language in
the NPR. The current standard specifies
that each folding chair and folding stool
that does not meet the hinge line
clearance requirements must have a
warning label that contains statements
consistent with the proposed language
in the NPR. Specifically, the warning
label shall contain the words
‘‘Amputation Hazard’’ and address the
following:
• Chair can fold or collapse if lock
not fully engaged. Moving parts can
amputate child’s fingers.
• Keep fingers away from moving
parts.
• Completely unfold chair and fully
engage locks before allowing child to sit
in a chair.
• Never allow child to fold or unfold
chair.
The Commission believes that ASTM
F2613–17a provides clarifications to the
standard and addresses the issues raised
in the NPR for children’s folding chairs
and stools by adopting more stringent
requirements than those in the ASTM
version referenced in the NPR.
Accordingly, the Commission
incorporates ASTM F2613–17a, by
reference, in the final rule for the
CPSC’s safety standard for children’s
folding chairs and stools.
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VI. Response to Comments
The Commission received nine
comments in response to the NPR. A
summary of each comment and a
response is provided below.
A. Scope of the Rule
Comment: One commenter stated that
the scope of the mandatory standard
should not be limited to just folding
chairs and stools, and that the CPSC
should include all non-folding chairs
and stools in the standard.
Response: As we stated in the NPR,
CPSC staff conducted a preliminary
review of the incident data involving all
children’s chairs and stools. Some
hazards are common among both
folding and non-folding products such
as tip overs, falling out of the chair,
loose parts, staples or, other protruding
objects with the potential for lacerations
requiring sutures. However, the staff’s
review showed that the hazard
associated with the folding mechanism
in folding chairs and stools could result
in the most serious injury, including
pinching/scissoring, finger amputations,
degloving or compound fracture, which
could be addressed in a mandatory
standard. Due to the variety of nonfolding children’s chair products in the
market, including certain infant chairs/
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seats, the Commission concludes that
additional study and testing regarding
any potential hazards associated with
non-folding chairs/stools will need to be
conducted before the CPSC could
propose performance requirements in a
standard. To that end, CPSC staff will
continue to evaluate incident data
regarding non-folding chairs and stools
and will make a recommendation to the
Commission, if further action is
required.
Comment: One commenter requested
that the Commission clarify that the
mandatory standard excludes toy seats.
Response: ASTM F963–17, Standard
Consumer Safety Specification for Toy
Safety (which is a CPSC mandatory
standard, 16 CFR part 1250) specifically
covers toy seats that have play features.
Section 3.1.93 of ASTM F963–17
provides that a ‘‘toy seat’’ is a stationary
toy product with a seat where the
amusement of the child is a primary
function of the product and the play
pattern intends that the child be in a
seated position. Section 3.1.93.1 further
explains that play features may include,
but are not limited to, sliding or rotating
features, learning toys, manually
actuated music, with which the seated
child may interact. Children’s furniture
products without any interactive play
features such as stools, chairs, patio
sets, rocking chairs, picnic tables,
storage units, are not considered toy
seats. In addition, section 3.1.93.1
provides that juvenile products such as
bouncers, infant seats, and stationary
activity centers are not considered toy
seats. Accordingly, toy seats are
adequately addressed in ASTM F963–
17, and the Commission does not
believe that further clarification is
necessary.
B. Stability Test Method
Comment: One commenter noted that
the original stability test requirement in
ASTM F2613–14, for chairs with soft
seating surfaces, specified that the test
cylinder should be replaced with a
weighted bag filled with steel shot.
However, the commenter questioned
why the provision for soft seating
surfaces was deleted.
Response: During the development of
the proposed modification to address
sideways stability incidents, CPSC staff
determined that all chairs should be
tested with the same test cylinder for
consistency and the option for testing
with a weighted bag was removed. After
publication of the NPR, ASTM balloted
and approved a modification which is
consistent with proposed NPR. ASTM
F2613–16 included a sideways stability
test and removed the option to conduct
stability testing with a weighted bag.
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This stability requirement has not been
changed in the current version, ASTM
F2613–17a. Accordingly, this issue has
been adequately addressed.
Comment: Two commenters stated
that during development of
requirements for sideways stability, a
review of CPSC incident data indicated
that side stability issues were limited to
chairs with side containment, such as
arms, and did not support a requirement
for sideways stability testing for chairs
without side containment.
Response: Since the NPR was issued,
ASTM balloted and approved a
modification, first incorporated into
ASTM F2613–16, and retained in the
current version, ASTM F2613–17a,
which excludes chairs without side
containment from the sideways stability
testing. Although CPSC’s rule does not
apply to non-folding chairs, the ASTM
standard applies to both folding and
non-folding chairs. Because incident
data does not show problems with the
sideways stability of chairs without
arms, the Commission agrees that
folding chairs and stools without side
containment also should be excluded
from the sideways stability testing
requirement.
Comment: One commenter stated that
the proposed requirement for rearward
stability is flawed because it specifies
that the test cylinder be allowed to
‘‘come to rest,’’ but then requires further
adjustment to its position to complete
the testing.
Response: Since the publication of the
NPR, ASTM balloted and approved a
modification, first incorporated into
ASTM F2613–16, and retained in the
current version, ASTM F2613–17a,
which revised the test language to delete
the words ‘‘come to rest.’’ The
Commission agrees that the revised
language, specified in ASTM F1613–17a
removes inconsistent language regarding
the rearward and side stability
requirement. Accordingly, the
Commission accepts the stability testing
requirements as set forth in ASTM
F2613–17a.
C. Warning Label
Comment: A number of commenters
requested that the Commission delay
publishing final warning requirements
for children’s folding chairs and stools
until the ASTM Ad Hoc Task Group’s
recommendations are developed,
balloted, and then incorporated into
ASTM F2613.
Response: After publication of the
NPR, the ASTM Ad Hoc Task Group
made its recommendations for warning
label formatting across juvenile
products. Accordingly, formatting issues
including fonts, markings, and colors in
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signal word panels addressed by the Ad
Hoc Task Group were incorporated in
ASTM F2613–17, and retained in ASTM
F2613–17a. Therefore, the final rule
incorporates by reference ASTM F2613–
17a without any modification to the
ASTM provisions on warning label
format.
Comment: One commenter stated that
the proposed requirement for the
warning label on stools is not clear. The
commenter stated that the proposed
requirement to place the label in a
‘‘visible location’’ is not defined. The
commenter also stated that the proposal
requiring that the label not ‘‘wrap
around the legs’’ is unclear. Another
commenter expressed concern that the
requirement to ‘‘contain sufficient white
space’’ is unclear and can be potentially
misconstrued by laboratories evaluating
compliance of a product.
Response: Since the publication of the
NPR, the labeling requirement was
revised in ASTM F2613–17 and retained
in the current version, ASTM F2613–
17a, to require that all warnings shall be
conspicuous and permanent. In
addition, for products with limited
space, the language ‘‘contain sufficient
white space’’ was eliminated and
warnings may be placed in two separate
locations. Accordingly, this issue has
been adequately addressed.
Comment: Several commenters
recommended that CPSC add
pictograms to the warnings to convey
the hazard more effectively and avoid
language barriers that minimize
comprehension of these warnings.
Response: Although pictograms can
help to convey the hazard that is
presented, especially for users with
limited or no English literacy, CPSC
staff believes that designing effective
pictograms for warning labels can
present many challenges. The labeling
section revised in ASTM F2613–17, and
retained in the current version, ASTM
F2613–17a, requires that the warnings
shall be easy to read and understand
and be in the English language at a
minimum. Thus, the standard does not
preclude the addition of other languages
to address those groups who do not read
English. However, CPSC staff will
continue to review incidents and
consider whether additional warning
symbols are needed to further reduce
the risk of injury associated with these
products.
D. Effective Date
Comment: One commenter stated that
small firms should have more time to
comply with the rule.
Response: The Commission intended
that the proposed 6-month effective date
would give all firms 6 months to
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produce, or find suppliers to produce,
compliant products. The Commission
believes that most firms should be able
to comply within the 6-month time
frame and allow ample time for
manufacturers and importers to arrange
for third party testing, consistent with
the timeframe adopted in a number of
other section 104 rules. The commenter
did not provide any justification to
support a longer effective date.
Moreover, the Commission did not
receive comments from any affected
suppliers (manufacturer or importer)
that suggested the proposed effective
date was too short. Therefore, the
Commission requires a 6-month
effective date in the final rule.
E. Cost Considerations
Comment: One commenter stated that
the Commission should have considered
additional costs for importers, such as
negotiation costs with foreign suppliers.
The commenter also stated that the
Commission should have considered the
rule’s potential effect on retail prices
and the impact of higher prices on
consumers.
Response: CPSC staff conducted a
regulatory flexibility analysis on the
impact of the rule on small firms,
including manufacturers, suppliers, and
importers, as well as test laboratories,
affected by the rulemaking. Staff’s
review showed that the rule will not
have a significant economic impact on
a substantial number of small entities.
The Commission recognizes that an
increase in costs for children’s folding
chair and stool suppliers could increase
the retail price of these products;
however, the Commission is required to
promulgate consumer product safety
standards on durable infant or toddler
products, including on children’s
folding chairs and stools.
VII. Description of the Final Rule
In accordance with the OFR’s
requirements, the discussion in this
section summarizes the provisions of
ASTM F2613–17a. Interested persons
may purchase a copy of ASTM F2613–
17a from ASTM, either through ASTM’s
website 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.
We note that the Commission and
ASTM arranged for commenters to have
‘‘read only’’ access to ASTM F2613–14
during the NPR’s comment period.
ASTM F2613–17a contains
requirements covering children’s
folding chairs and stools covering:
• Sharp points;
• Small parts;
• Lead in paint;
• Wood parts;
• Latching and locking mechanisms;
• Scissoring, shearing, and pinching
• Hinge line clearance;
• Circular holes in rigid materials;
• Labeling;
• Protective components;
• Strength requirements; and
• Stability
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 Children’s Folding
Chairs and Stools Standard
The final rule amends part 1112 to
add a new section 1112.15(b)(43) that
lists 16 CFR part 1232, Safety Consumer
Safety Specification for Children’s
Folding Chairs and Stools, as a
children’s product safety rule for which
the Commission has issued an NOR.
Section XIII of the preamble provides
additional background information
regarding certification of children’s
folding chairs and stools and issuance of
an NOR.
A. Final Rule for Part 1232 and
Incorporation by Reference
C. Amendment to 16 CFR Part 1130 To
Include Children’s Folding Chairs and
Stools
Section 1232.2(a) of the final rule
provides that folding chairs and stools
must comply with the applicable
sections of ASTM F2613–17a.
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 in which
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).
The statutory definition of ‘‘durable
infant or toddler product’’ in section
104(f) of the CPSIA identified certain
product categories as examples of
products included under that definition.
The Commission identified additional
products as ‘‘durable infant or toddler
products’’ when the Commission issued
its rule requiring that manufacturers of
durable infant or toddler products
establish a program for consumer
registration of those products. 16 CFR
part 1130. Among the products the
Commission added is ‘‘children’s
folding chairs.’’ Id. 1130.2(a)(13). As
explained in the NPR, based on ASTM’s
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definitions, the Commission considers
folding stools to be a subset of folding
chairs. The configuration of children’s
folding chairs and folding stools are
similar. The same potential hazards are
presented in the folding mechanisms.
The Commission is amending the
definition section in the registration rule
to make clear that both children’s
folding chairs and children’s folding
stools are considered durable infant or
toddler products. Thus, the final rule
amends part 1130, Requirements for
Consumer Registration of Durable Infant
or Toddler Products, by revising section
1130.2(a)(13) to add ‘‘stools’’ to the
definition of children’s folding chairs.
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
folding chairs and stools and the
corresponding changes to part 1112,
regarding requirements for third party
conformity assessment bodies, and part
1130, regarding requirements for
consumer registration of durable infant
or toddler products, 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 for
children’s folding chairs and stools and
we addressed the comment on the
proposed effective date. Accordingly,
the final rule for children’s folding
chairs and stools, as well as the
amendments to parts 1112 and 1130,
have a 6-month effective date.
IX. Regulatory Flexibility Act
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A. Introduction
The Regulatory Flexibility Act (RFA),
5 U.S.C. 601–612, requires that agencies
review a proposed rule and a 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.
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B. Impact on Small Businesses
Based on the analysis summarized
below, the Commission certifies that the
rule will not have a significant
economic impact on a substantial
number of small entities.
CPSC staff’s review of the market
shows that there are currently 13
domestic firms, rather than the 14
domestic firms identified in the NPR,
supplying children’s folding chairs and/
or folding stools to the U.S. market. Of
these, ten firms are considered small.
Four of the small firms are
manufacturers, five are importers or
wholesalers, and the supply source for
one firm could not be identified. Most
firms only supply one model of chair,
but one firm supplies four models and
another firm supplies five models. Of
the four small manufacturers of
children’s folding chairs and folding
stools, one claims that its products
comply with the voluntary standard and
participates in the ASTM process. The
compliance of the other three firms
could not be determined. Of the five
small importers/wholesalers, only one
claims that its products comply with the
ASTM standard. Staff could not
determine the compliance status for the
other four firms. For the firms currently
in compliance with the voluntary
standard, there should be minimal
burden associated with compliance.
The children’s folding chairs from the
three small manufacturers whose
products that do not meet the voluntary
standard may require redesign to
comply with the voluntary standard.
One manufacturer estimates the cost to
completely redesign a chair to be
$10,000, including nine to twelve
months of research and development
time. It does not appear that the
economic impact would be significant
for any of the small manufacturers (i.e.,
the cost would be less that 1 percent of
annual revenue). In addition, although
staff could not rule out a significant
economic impact on one small importer
of noncompliant folding chairs, staff
does not expect the rule to have a
significant economic impact on the
three other non-compliant importers.
Under section 14 of the CPSA, once
new children’s folding chairs and
folding stools requirements become
effective, all manufacturers will be
subject to the third party testing and
certification requirements. Third party
testing will include any physical and
mechanical test requirements specified
in the final children’s folding chairs and
folding stools rule. One firm estimated
that chemical and structural testing of
one unit of a children’s folding chair
costs around $1,000 annually. Estimates
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59509
provided by suppliers for other section
104 rulemakings indicate that around 40
to 50 percent of testing costs can be
attributed to structural requirements,
with the remaining 50 to 60 percent
resulting from chemical testing (e.g.,
lead testing, to which they are already
subject). If these percentages are applied
to folding stools and chairs, the testing
to structural components of the ASTM
voluntary standard could cost about
$400 to $500 per sample tested ($1,000
× .4 to $1,000 × .5), and are consistent
with testing cost estimates for products
with standards of similar complexity.
Based on an examination of each small
firm’s revenues, staff did not find that
testing, in addition to costs of redesign,
would be economically significant for
the majority of the small firms. For these
reasons, the Commission certifies that
the rule will 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. Section 7 of ASTM
F2613–17a contains requirements for
marking and labeling, that are
disclosure requirements, thus falling
within the definition of ‘‘collections of
information’’ as defined in 44 U.S.C.
3502(3). OMB has assigned control
number 3041–0172 to this information
collection. The Commission did not
receive any comments regarding the
information collection burden of this
proposal.
Since the publication of the NPR, staff
has determined that there are 13 known
firms, rather than 14 firms supplying
children’s folding chairs to the U.S.
market. All firms are assumed to use
labels on both their products and their
packaging already, but they might need
to make some modifications to their
existing labels. The estimated time
required to make these modifications is
about 1 hour per model. Each of these
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Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations
firms supplies an average of 1.5
different models of children’s folding
chairs; therefore, the estimated burden
hours associated with labels is 1 hour ×
13 firms × 1.5 models per firm = 19.5
annual hours.
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.
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XIII. Amendment to 16 CFR Part 1112
To Include Notice of Requirements
(NOR) for Children’s Folding Chairs
and Stools 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 Children’s
Folding Chairs and Stools, to be
codified at 16 CFR 1232, 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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15:15 Dec 14, 2017
Jkt 244001
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 children’s
folding chairs and stools, require the
Commission to amend part 1112.
Accordingly, the Commission is now
amending part 1112 to include the
standard for children’s folding chairs
and stools 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 children’s folding
chairs and stools 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
1232, Standard Consumer Safety
Specification for Children’s Folding
Chairs and Stools, included in its scope
of accreditation of CPSC safety rules
listed for the laboratory on the CPSC
website 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 folding chairs and stools 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
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Fmt 4700
Sfmt 4700
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 children’s folding
chairs and stools 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 chidren’s folding
chairs and stools standard to their scope
of accreditation. For these reasons, the
Commission certifies that the NOR
amending 16 CFR part 1112 to include
the children’s folding chairs and stools
standard will not have a significant
economic 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 1130
Administrative practice and
procedure, Business and industry,
Consumer protection, Reporting and
recordkeeping requirements.
16 CFR Part 1232
Consumer protection, Imports,
Incorporation by reference, Infants and
children, Labeling, Law enforcement,
and Toys.
For the reasons discussed in the
preamble, the Commission amends 16
CFR Chapter II as follows:
PART 1112—REQUIREMENTS
PERTAINING TO THIRD PARTY
CONFORMITY ASSESSMENT BODIES
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.
2. Amend § 1112.15 by adding
paragraph (b)(43) to read as follows:
■
§ 1112.15 When can a third party
conformity assessment body apply for
CPSC acceptance for a particular CPSC rule
and/or test method?
*
*
*
*
*
(b) * * *
(43) 16 CFR part 1232, Safety
Standard for Children’s Folding Chairs
and Stools.
*
*
*
*
*
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Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Rules and Regulations
PART 1130—REQUIREMENTS FOR
CONSUMER REGISTRATION OF
DURABLE INFANT OR TODDLER
PRODUCTS
DEPARTMENT OF HOMELAND
SECURITY
3. The authority citation for part 1130
continues to read as follows:
DEPARTMENT OF THE TREASURY
U.S. Customs and Border Protection
■
19 CFR Part 133
Authority: 15 U.S.C. 2056a, 2065(b).
4. Amend § 1130.2 by revising
paragraph (a)(13) to read as follows:
■
§ 1130.2
[USCBP–2016–0076; CBP Dec. 17–21]
RIN 1515–AE21
Definitions.
Donations of Technology and Related
Support Services To Enforce
Intellectual Property Rights
*
*
*
*
*
(a) * * *
(13) Children’s folding chairs and
stools;
*
*
*
*
*
■ 5. Add part 1232 to read as follows:
PART 1232—SAFETY STANDARD FOR
CHILDREN’S FOLDING CHAIRS AND
STOOLS
Sec.
1232.1 Scope.
1232.2 Requirements for children’s folding
chairs and stools.
Authority: Sec. 104, Pub. L. 110–314, 122
Stat. 3016 (August 14, 2008); Pub. L. 112–28,
125 Stat. 273 (August 12, 2011).
§ 1232.1
Scope.
This part establishes a consumer
product safety standard for children’s
folding chairs and stools.
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BILLING CODE 6355–01–P
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Effective January 16, 2018.
FOR FURTHER INFORMATION CONTACT:
(a) Each children’s folding chair and
stool shall comply with all applicable
provisions of ASTM F2613–17a,
Standard Consumer Safety
Specification for Children’s Chairs and
Stools, approved on October 1, 2017.
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. 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/cfr/ibr-locations.html.
(b) [Reserved]
[FR Doc. 2017–26997 Filed 12–14–17; 8:45 am]
This document amends the
U.S. Customs and Border Protection
(CBP) regulations relating to the
enforcement of intellectual property
rights. This final rule implements
section 308(d) of the Trade Facilitation
and Trade Enforcement Act of 2015
(TFTEA), which requires CBP to
prescribe regulatory procedures for the
donation of technologies, training, or
other related services for the purpose of
assisting CBP in intellectual property
enforcement.
SUMMARY:
DATES:
§ 1232.2 Requirements for children’s
folding chairs and stools.
Alberta E. Mills,
Acting Secretary, Consumer Product Safety
Commission.
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
AGENCY:
Garrett D. Wright, Chief, Donations
Acceptance Program, Office of Field
Operations, U.S. Customs and Border
Protection, telephone (202) 344–2344.
SUPPLEMENTARY INFORMATION:
Background
The Trade Facilitation and Trade
Enforcement Act of 2015 (TFTEA),
Public Law 114–125, 130 Stat. 122 (19
U.S.C. 4301 note), was enacted on
February 24, 2016, and includes several
provisions regarding trade facilitation
and trade enforcement, some of which
deal with improving U.S. Customs and
Border Protection’s (CBP’s) intellectual
property rights (IPR) enforcement at the
border. Section 308(d) of the TFTEA
requires the Commissioner of CBP to
prescribe regulations to enable CBP to
receive donations of hardware, software,
equipment, and similar technologies,
and to accept training and other support
services, from private sector entities, for
the purpose of enforcing IPR.
Acceptance of such donations must
also be consistent with either section
482 of the Homeland Security Act of
2002, as amended by section 2 of the
Cross-Border Trade Enhancement Act of
2016 (Pub. L. 114–279), or section 507
of the Department of Homeland Security
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Fmt 4700
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59511
(DHS) Appropriations Act of 2004 (Pub.
L. 108–90).
Section 482 of the Homeland Security
Act replaced section 559 of Title V of
Division F of the Consolidated
Appropriations Act, 2014 (Pub. L. 113–
76) and permits CBP, in consultation
with the General Services
Administration (GSA), to ‘‘enter into an
agreement with any entity to accept a
donation of personal property, money or
nonpersonal services’’ to be used for
certain CBP activities at most ports of
entry where CBP performs inspection
services. Pursuant to section 482(c)(3),
CBP in consultation with GSA will
establish criteria for evaluating donation
proposals under section 482 and make
such criteria publicly available.
If donations cannot be accepted under
section 482, they may be accepted under
section 507 of the DHS Appropriations
Act of 2004. Section 507 made the DHS
Gifts and Donations account ‘‘available
to the Department of Homeland Security
. . . for the Secretary of Homeland
Security to accept, hold, administer and
utilize gifts and bequests, including
property to facilitate the work of the
Department of Homeland Security.’’
Title V, Public Law 108–90, 117 Stat.
1153–1154. DHS policy on the
acceptance of gifts pursuant to section
507 is contained in DHS Directive 112–
02 and DHS Instruction 112–02–001.
The Secretary of DHS delegated the
authority to accept and utilize gifts to
the heads of certain DHS components,
including the Commissioner of CBP, in
DHS Delegation 0006.
This document implements section
308(d) of the TFTEA by promulgating a
new subpart H to part 133 of title 19 of
the Code of Federal Regulations (CFR)
which provides for the receipt and
acceptance by CBP of donations of
hardware, software, equipment, and
similar technologies, as well as training
and related support services, for the
purpose of assisting CBP in enforcing
IPR. New subpart H, as set forth in
§ 133.61, prescribes the methods by
which donations of IPR technology and
related support services may be made.
Specifically, 19 CFR 133.61(a) sets forth
the scope of this section and identifies
the authority to accept donations,
§ 133.61(b) describes the donation
process, and § 133.61(c) lays out the
elements of the written donation
agreement.
On January 17, 2017, CBP published
a Notice of Proposed Rulemaking
(NPRM) in the Federal Register (82 FR
4800) proposing to amend its
regulations pertaining to the
enforcement of intellectual property
rights in order to enhance CBP’s
intellectual property rights enforcement
E:\FR\FM\15DER1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Rules and Regulations]
[Pages 59505-59511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-26997]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 /
Rules and Regulations
[[Page 59505]]
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1112, 1130, and 1232
[Docket No. CPSC-2015-0029]
Safety Standard for Children's Folding Chairs and Stools
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
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 children's folding chairs and stools in response to the
direction under Section 104(b) of the CPSIA. In addition, the
Commission is amending its regulations regarding third party conformity
assessment bodies to include the safety standard for children's folding
chairs and stools in the list of Notices of Requirements (NORs) issued
by the Commission. Finally, the Commission is amending its regulations
establishing requirements for consumer registration of durable infant
or toddler products to identify children's folding stools as a durable
infant or toddler product.
DATES: This rule will become effective June 15, 2018. The incorporation
by reference of the publication listed in this rule is approved by the
Director of the Federal Register as of June 15, 2018.
FOR FURTHER INFORMATION CONTACT: Keysha Walker, Office of Compliance
and Field Operations, U.S. Consumer Product Safety Commission; 4330
East West Highway, Bethesda, MD 20814; email: [email protected];
telephone: (301) 504-6820.
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 or 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.
On October 19, 2015, the Commission issued a notice of proposed
rulemaking (NPR) for children's folding chairs and stools. 80 FR 63155.
The NPR proposed to incorporate by reference the voluntary standard
that was in effect at that time, ASTM F2613-14, Standard Consumer
Safety Specification for Children's Chairs and Stools. ASTM F2613-14
contained testing and performance requirements for any chair or stool
used by a single child who can get in and get out of the product
unassisted and with a seat height 15 inches or less with or without a
rocking base. The NPR proposed to limit the scope of the mandatory
standard to folding chairs and stools because the hazards presented by
folding chairs and stools are different from non-folding chairs and
stools. In addition, the NPR proposed to change the stability test
method to add a new performance requirement and test method to address
sideways stability incidents in addition to rearwards stability
incidents, and to revise the marking and labeling sections. Since the
NPR was issued, ASTM has revised ASTM F2613-14 several times, as
discussed in section V of this preamble. The current version of the
standard is ASTM F2613-17a.
In this document, the Commission is issuing a mandatory safety
standard that incorporates by reference the most recent voluntary
standard, developed by ASTM International, ASTM F2613-17a, for
children's folding chairs and stools. The mandatory standard does not
include non-folding chairs and stools. The Commission is not making any
other modifications to the ASTM standard. 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 the standard, largely through
the ASTM process. In addition, as required by section 14 of the
Consumer Product Safety Act (CPSA), the final rule amends the list of
NORs issued by the Commission in 16 CFR part 1112 to include the
standard for children's folding chairs and stools. The final rule also
amends the product registration rule in 16 CFR part 1130 to identify
children's folding stools, in addition to children's folding chairs, as
a durable infant or toddler product for purposes of consumer product
registration requirements.
II. Product Description
The current voluntary standard, ASTM F2613-17a, describes a
children's folding chair or stool as seating furniture with a seat
height of 15 inches or less with a rigid frame that is intended to be
used as a support for the body, limbs, or feet of a child when sitting
or resting in an upright or reclining position, can be folded for
transport or storage, and may include a rocking base. The product is
intended to be used by a single child who can get out of the chair
unassisted.
ASTM F26132-17a also includes a definition for ``chairs with side
containment'' to describe ``a children's chair or folding chair with
armrests or otherwise designed in a shape which provides barriers in
the vertical direction above the seating surface to the occupant's left
and right which can act like arms or other side structures.'' Other
definitions remain unchanged from ASTMF2613-14. A ``children's chair''
is defined as ``seating furniture with a rigid frame that is intended
to be used as a support for the body, limbs, or feet of a child when
sitting or resting
[[Page 59506]]
in an upright or reclining position.'' A ``children's stool'' is
defined as a ``children's chair without back, or armrest.'' A ``folding
chair'' and ``folding stool'' is defined as ``a children's chair or
stool which can be folded for transport or storage.'' In the NPR, the
Commission proposed to limit the scope of the mandatory standard to
folding chairs and stools because the hazards presented by folding
chairs and folding stools are different from non-folding chairs and
stools. In this document, the Commission incorporates by reference ASTM
F2613-17a, but continues to limit the scope of the mandatory standard
to folding chairs and stools.
III. Market Description
CPSC staff's review of the market shows that there are currently 13
domestic firms, rather than 14 domestic firms identified in the NPR,
supplying children's folding chairs and/or folding stools to the U.S.
market. Three firms are large and ten firms are considered small
according to the Small Business Administration (SBA) criteria.\1\ The
Juvenile Products Manufacturers Association (JPMA) maintains a
certification program for children's folding chairs and folding stools,
and there is one active participant at this time. Other than this
certification program, compliance with the ASTM standard is self-
reported. Two additional children's folding chair suppliers claim
compliance with the voluntary standard.
---------------------------------------------------------------------------
\1\ The Small Business Administration categorizes manufacturers
as ``small'' if they have fewer than 500 employees and importers or
wholesalers as small if they have fewer than 100 employees.
---------------------------------------------------------------------------
IV. Incident Data
The preamble to the NPR summarized the incident data covering the
period from January 2003 through December 31, 2014. CPSC staff
identified a total of 98 incidents, including 45 nonfatal injuries,
related to children's folding chairs or stools that were reported to
have occurred. Since the publication of the NPR, CPSC staff has
received ten new reports of incidents. Two of the incidents occurred in
July and December of 2014, but were not fully investigated or reported
until 2015. Of the other eight incidents, two occurred in 2015, three
in 2016, and three in 2017. All ten incidents involved folding chairs
intended for children under age 5. They were reported under CPSC's
Consumer Product Safety Risk Management System (CPSRMS). Seven
indicated some form of injury, including amputation or fracture of a
finger, bruising (petechiae) of an arm, and head injuries due to falls.
Additionally, since December 31, 2014, CPSC staff's review of the
National Electronic Injury Surveillance System (NEISS) included several
reports of folding chair incidents, but there was insufficient
information to determine which, if any, of the NEISS cases involved
folding chairs intended for children under the age of 5. Most of the
hazards identified in the new incidents are consistent with the hazard
patterns identified among the incidents presented in the NPR briefing
package, with pinch/shear hazards the most common hazard category.
V. Overview of ASTM F2613
The voluntary standard, ASTM F2613, Standard Consumer Safety
Specification for Children's Chairs and Stools, was first approved and
published in 2007. The scope of products covered by the original
version, F2613-07, was limited to ``children's folding chairs'' with a
seat height of 15 inches or less. Significant revisions were made in
2013, in ASTM F2613-13, that were designed to expand the scope of the
voluntary standard to all children's chairs and stools. On October 19,
2015, the Commission proposed to incorporate by reference ASTM F2613-
14, with modifications. 80 FR 63155. Since the publication of the NPR,
the standard has been revised four additional times, as discussed
below. The current voluntary standard for children's chairs and stools
is ASTM F2613-17a.
A. ASTM F2613-16
ASTM F2613-16 was published in May 2016. The changes adopted in
ASTM F2613-16 included the following revisions:
Added a definition for chairs with side containment (a
children's chair or folding chair with armrests or otherwise designed
in a shape which provides barriers in the vertical direction above the
seating surface to the occupant's left and right, which can act like
arms or side structures);
Added a test requirement and test method for sideways
stability for chairs with side containment;
Added a diagram for measuring seat surface height;
Added a diagram for side stability test.
B. ASTM F2613-16 [epsiv]1
ASTM F2613-16 [epsiv]1 was published in June 2016. ASTM
published an editorial revision, which corrected a printing error which
had distorted the diagram in Figure 4, and a typographical error in
paragraph 6.8.1.1, revising the test surface angle tolerance from +/-5
degree to +/-0.5 degree.
C. ASTM F2613-17
ASTM F2613-17 was published in August 2017 with the following
revisions:
Modifications to the marking and labeling section of ASTM
F2613-16 [epsiv]1 to address the changes proposed in the
NPR.
Modifications to the stability test performed on chairs
with non-rigid seats to clarify the placement of the test cylinder
during the stability test.
Modifications to the folding mechanisms and hinges section
of F2613-16 [epsiv]1 to clarify that chairs that fold are
required to either have a locking mechanism to prevent folding of the
chair by the child, or have adequate hinge-line clearance to prevent
pinching and lacerations during folding.
Modification of the standard's scope to exempt children's
potties.
D. ASTM F2613-17a
The current version, ASTM F2613-17a, was published in October 2017.
The revision makes minor editorial changes including the removal of
side stability testing for stools because chairs and stools without
side containment are exempt from side stability testing, and stools, by
definition, do not have side containment. In addition, an incorrect
reference to Fig.1 (Tension test Adaptor/Clamp) is removed.
ASTM F2613-17a addresses the issues raised in the NPR by
strengthening the provisions of the voluntary standard. The current
standard clarifies in section 5.8 (Products that Fold) that chairs that
fold are required to either have a latching or locking mechanism to
prevent folding of the chair by the child, or have adequate hinge-line
clearance to prevent pinching and lacerations during folding. These
requirements are intended to eliminate possible crushing, laceration,
or pinching hazards that might occur in folding latching or locking
mechanisms and hinges. In addition, the current standard now includes,
under section 6.8 (Stability Test Method), a sideways stability test,
in addition to a rearward stability test. The standard also clarifies
proper cylinder positioning for chairs and stools for stability
testing. The addition of the sideways stability test, in addition to
the rearwards stability test will help address incidents that involve
children's chairs with side containment tipping sideways or rearwards.
ASTM F2613-17a also incorporates the recommendations developed by
the ASTM Ad Hoc Committee on
[[Page 59507]]
Standardized Wording for Juvenile Product Standards (ASTM Ad Hoc Task
Group), and the proposed language in the NPR. The current standard
specifies that each folding chair and folding stool that does not meet
the hinge line clearance requirements must have a warning label that
contains statements consistent with the proposed language in the NPR.
Specifically, the warning label shall contain the words ``Amputation
Hazard'' and address the following:
Chair can fold or collapse if lock not fully engaged.
Moving parts can amputate child's fingers.
Keep fingers away from moving parts.
Completely unfold chair and fully engage locks before
allowing child to sit in a chair.
Never allow child to fold or unfold chair.
The Commission believes that ASTM F2613-17a provides clarifications
to the standard and addresses the issues raised in the NPR for
children's folding chairs and stools by adopting more stringent
requirements than those in the ASTM version referenced in the NPR.
Accordingly, the Commission incorporates ASTM F2613-17a, by reference,
in the final rule for the CPSC's safety standard for children's folding
chairs and stools.
VI. Response to Comments
The Commission received nine comments in response to the NPR. A
summary of each comment and a response is provided below.
A. Scope of the Rule
Comment: One commenter stated that the scope of the mandatory
standard should not be limited to just folding chairs and stools, and
that the CPSC should include all non-folding chairs and stools in the
standard.
Response: As we stated in the NPR, CPSC staff conducted a
preliminary review of the incident data involving all children's chairs
and stools. Some hazards are common among both folding and non-folding
products such as tip overs, falling out of the chair, loose parts,
staples or, other protruding objects with the potential for lacerations
requiring sutures. However, the staff's review showed that the hazard
associated with the folding mechanism in folding chairs and stools
could result in the most serious injury, including pinching/scissoring,
finger amputations, degloving or compound fracture, which could be
addressed in a mandatory standard. Due to the variety of non-folding
children's chair products in the market, including certain infant
chairs/seats, the Commission concludes that additional study and
testing regarding any potential hazards associated with non-folding
chairs/stools will need to be conducted before the CPSC could propose
performance requirements in a standard. To that end, CPSC staff will
continue to evaluate incident data regarding non-folding chairs and
stools and will make a recommendation to the Commission, if further
action is required.
Comment: One commenter requested that the Commission clarify that
the mandatory standard excludes toy seats.
Response: ASTM F963-17, Standard Consumer Safety Specification for
Toy Safety (which is a CPSC mandatory standard, 16 CFR part 1250)
specifically covers toy seats that have play features. Section 3.1.93
of ASTM F963-17 provides that a ``toy seat'' is a stationary toy
product with a seat where the amusement of the child is a primary
function of the product and the play pattern intends that the child be
in a seated position. Section 3.1.93.1 further explains that play
features may include, but are not limited to, sliding or rotating
features, learning toys, manually actuated music, with which the seated
child may interact. Children's furniture products without any
interactive play features such as stools, chairs, patio sets, rocking
chairs, picnic tables, storage units, are not considered toy seats. In
addition, section 3.1.93.1 provides that juvenile products such as
bouncers, infant seats, and stationary activity centers are not
considered toy seats. Accordingly, toy seats are adequately addressed
in ASTM F963-17, and the Commission does not believe that further
clarification is necessary.
B. Stability Test Method
Comment: One commenter noted that the original stability test
requirement in ASTM F2613-14, for chairs with soft seating surfaces,
specified that the test cylinder should be replaced with a weighted bag
filled with steel shot. However, the commenter questioned why the
provision for soft seating surfaces was deleted.
Response: During the development of the proposed modification to
address sideways stability incidents, CPSC staff determined that all
chairs should be tested with the same test cylinder for consistency and
the option for testing with a weighted bag was removed. After
publication of the NPR, ASTM balloted and approved a modification which
is consistent with proposed NPR. ASTM F2613-16 included a sideways
stability test and removed the option to conduct stability testing with
a weighted bag. This stability requirement has not been changed in the
current version, ASTM F2613-17a. Accordingly, this issue has been
adequately addressed.
Comment: Two commenters stated that during development of
requirements for sideways stability, a review of CPSC incident data
indicated that side stability issues were limited to chairs with side
containment, such as arms, and did not support a requirement for
sideways stability testing for chairs without side containment.
Response: Since the NPR was issued, ASTM balloted and approved a
modification, first incorporated into ASTM F2613-16, and retained in
the current version, ASTM F2613-17a, which excludes chairs without side
containment from the sideways stability testing. Although CPSC's rule
does not apply to non-folding chairs, the ASTM standard applies to both
folding and non-folding chairs. Because incident data does not show
problems with the sideways stability of chairs without arms, the
Commission agrees that folding chairs and stools without side
containment also should be excluded from the sideways stability testing
requirement.
Comment: One commenter stated that the proposed requirement for
rearward stability is flawed because it specifies that the test
cylinder be allowed to ``come to rest,'' but then requires further
adjustment to its position to complete the testing.
Response: Since the publication of the NPR, ASTM balloted and
approved a modification, first incorporated into ASTM F2613-16, and
retained in the current version, ASTM F2613-17a, which revised the test
language to delete the words ``come to rest.'' The Commission agrees
that the revised language, specified in ASTM F1613-17a removes
inconsistent language regarding the rearward and side stability
requirement. Accordingly, the Commission accepts the stability testing
requirements as set forth in ASTM F2613-17a.
C. Warning Label
Comment: A number of commenters requested that the Commission delay
publishing final warning requirements for children's folding chairs and
stools until the ASTM Ad Hoc Task Group's recommendations are
developed, balloted, and then incorporated into ASTM F2613.
Response: After publication of the NPR, the ASTM Ad Hoc Task Group
made its recommendations for warning label formatting across juvenile
products. Accordingly, formatting issues including fonts, markings, and
colors in
[[Page 59508]]
signal word panels addressed by the Ad Hoc Task Group were incorporated
in ASTM F2613-17, and retained in ASTM F2613-17a. Therefore, the final
rule incorporates by reference ASTM F2613-17a without any modification
to the ASTM provisions on warning label format.
Comment: One commenter stated that the proposed requirement for the
warning label on stools is not clear. The commenter stated that the
proposed requirement to place the label in a ``visible location'' is
not defined. The commenter also stated that the proposal requiring that
the label not ``wrap around the legs'' is unclear. Another commenter
expressed concern that the requirement to ``contain sufficient white
space'' is unclear and can be potentially misconstrued by laboratories
evaluating compliance of a product.
Response: Since the publication of the NPR, the labeling
requirement was revised in ASTM F2613-17 and retained in the current
version, ASTM F2613-17a, to require that all warnings shall be
conspicuous and permanent. In addition, for products with limited
space, the language ``contain sufficient white space'' was eliminated
and warnings may be placed in two separate locations. Accordingly, this
issue has been adequately addressed.
Comment: Several commenters recommended that CPSC add pictograms to
the warnings to convey the hazard more effectively and avoid language
barriers that minimize comprehension of these warnings.
Response: Although pictograms can help to convey the hazard that is
presented, especially for users with limited or no English literacy,
CPSC staff believes that designing effective pictograms for warning
labels can present many challenges. The labeling section revised in
ASTM F2613-17, and retained in the current version, ASTM F2613-17a,
requires that the warnings shall be easy to read and understand and be
in the English language at a minimum. Thus, the standard does not
preclude the addition of other languages to address those groups who do
not read English. However, CPSC staff will continue to review incidents
and consider whether additional warning symbols are needed to further
reduce the risk of injury associated with these products.
D. Effective Date
Comment: One commenter stated that small firms should have more
time to comply with the rule.
Response: The Commission intended that the proposed 6-month
effective date would give all firms 6 months to produce, or find
suppliers to produce, compliant products. The Commission believes that
most firms should be able to comply within the 6-month time frame and
allow ample time for manufacturers and importers to arrange for third
party testing, consistent with the timeframe adopted in a number of
other section 104 rules. The commenter did not provide any
justification to support a longer effective date. Moreover, the
Commission did not receive comments from any affected suppliers
(manufacturer or importer) that suggested the proposed effective date
was too short. Therefore, the Commission requires a 6-month effective
date in the final rule.
E. Cost Considerations
Comment: One commenter stated that the Commission should have
considered additional costs for importers, such as negotiation costs
with foreign suppliers. The commenter also stated that the Commission
should have considered the rule's potential effect on retail prices and
the impact of higher prices on consumers.
Response: CPSC staff conducted a regulatory flexibility analysis on
the impact of the rule on small firms, including manufacturers,
suppliers, and importers, as well as test laboratories, affected by the
rulemaking. Staff's review showed that the rule will not have a
significant economic impact on a substantial number of small entities.
The Commission recognizes that an increase in costs for children's
folding chair and stool suppliers could increase the retail price of
these products; however, the Commission is required to promulgate
consumer product safety standards on durable infant or toddler
products, including on children's folding chairs and stools.
VII. Description of the Final Rule
A. Final Rule for Part 1232 and Incorporation by Reference
Section 1232.2(a) of the final rule provides that folding chairs
and stools must comply with the applicable sections of ASTM F2613-17a.
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 in which 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 F2613-17a. Interested persons
may purchase a copy of ASTM F2613-17a from ASTM, either through ASTM's
website 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. We note that the Commission
and ASTM arranged for commenters to have ``read only'' access to ASTM
F2613-14 during the NPR's comment period.
ASTM F2613-17a contains requirements covering children's folding
chairs and stools covering:
Sharp points;
Small parts;
Lead in paint;
Wood parts;
Latching and locking mechanisms;
Scissoring, shearing, and pinching
Hinge line clearance;
Circular holes in rigid materials;
Labeling;
Protective components;
Strength requirements; and
Stability
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 Children's Folding
Chairs and Stools Standard
The final rule amends part 1112 to add a new section 1112.15(b)(43)
that lists 16 CFR part 1232, Safety Consumer Safety Specification for
Children's Folding Chairs and Stools, as a children's product safety
rule for which the Commission has issued an NOR. Section XIII of the
preamble provides additional background information regarding
certification of children's folding chairs and stools and issuance of
an NOR.
C. Amendment to 16 CFR Part 1130 To Include Children's Folding Chairs
and Stools
The statutory definition of ``durable infant or toddler product''
in section 104(f) of the CPSIA identified certain product categories as
examples of products included under that definition. The Commission
identified additional products as ``durable infant or toddler
products'' when the Commission issued its rule requiring that
manufacturers of durable infant or toddler products establish a program
for consumer registration of those products. 16 CFR part 1130. Among
the products the Commission added is ``children's folding chairs.'' Id.
1130.2(a)(13). As explained in the NPR, based on ASTM's
[[Page 59509]]
definitions, the Commission considers folding stools to be a subset of
folding chairs. The configuration of children's folding chairs and
folding stools are similar. The same potential hazards are presented in
the folding mechanisms. The Commission is amending the definition
section in the registration rule to make clear that both children's
folding chairs and children's folding stools are considered durable
infant or toddler products. Thus, the final rule amends part 1130,
Requirements for Consumer Registration of Durable Infant or Toddler
Products, by revising section 1130.2(a)(13) to add ``stools'' to the
definition of children's folding chairs.
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 folding chairs and
stools and the corresponding changes to part 1112, regarding
requirements for third party conformity assessment bodies, and part
1130, regarding requirements for consumer registration of durable
infant or toddler products, 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 for children's folding chairs and
stools and we addressed the comment on the proposed effective date.
Accordingly, the final rule for children's folding chairs and stools,
as well as the amendments to parts 1112 and 1130, have a 6-month
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 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
Based on the analysis summarized below, the Commission certifies
that the rule will not have a significant economic impact on a
substantial number of small entities.
CPSC staff's review of the market shows that there are currently 13
domestic firms, rather than the 14 domestic firms identified in the
NPR, supplying children's folding chairs and/or folding stools to the
U.S. market. Of these, ten firms are considered small. Four of the
small firms are manufacturers, five are importers or wholesalers, and
the supply source for one firm could not be identified. Most firms only
supply one model of chair, but one firm supplies four models and
another firm supplies five models. Of the four small manufacturers of
children's folding chairs and folding stools, one claims that its
products comply with the voluntary standard and participates in the
ASTM process. The compliance of the other three firms could not be
determined. Of the five small importers/wholesalers, only one claims
that its products comply with the ASTM standard. Staff could not
determine the compliance status for the other four firms. For the firms
currently in compliance with the voluntary standard, there should be
minimal burden associated with compliance.
The children's folding chairs from the three small manufacturers
whose products that do not meet the voluntary standard may require
redesign to comply with the voluntary standard. One manufacturer
estimates the cost to completely redesign a chair to be $10,000,
including nine to twelve months of research and development time. It
does not appear that the economic impact would be significant for any
of the small manufacturers (i.e., the cost would be less that 1 percent
of annual revenue). In addition, although staff could not rule out a
significant economic impact on one small importer of noncompliant
folding chairs, staff does not expect the rule to have a significant
economic impact on the three other non-compliant importers.
Under section 14 of the CPSA, once new children's folding chairs
and folding stools requirements become effective, all manufacturers
will be subject to the third party testing and certification
requirements. Third party testing will include any physical and
mechanical test requirements specified in the final children's folding
chairs and folding stools rule. One firm estimated that chemical and
structural testing of one unit of a children's folding chair costs
around $1,000 annually. Estimates provided by suppliers for other
section 104 rulemakings indicate that around 40 to 50 percent of
testing costs can be attributed to structural requirements, with the
remaining 50 to 60 percent resulting from chemical testing (e.g., lead
testing, to which they are already subject). If these percentages are
applied to folding stools and chairs, the testing to structural
components of the ASTM voluntary standard could cost about $400 to $500
per sample tested ($1,000 x .4 to $1,000 x .5), and are consistent with
testing cost estimates for products with standards of similar
complexity. Based on an examination of each small firm's revenues,
staff did not find that testing, in addition to costs of redesign,
would be economically significant for the majority of the small firms.
For these reasons, the Commission certifies that the rule will 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. Section 7 of ASTM F2613-17a
contains requirements for marking and labeling, that are disclosure
requirements, thus falling within the definition of ``collections of
information'' as defined in 44 U.S.C. 3502(3). OMB has assigned control
number 3041-0172 to this information collection. The Commission did not
receive any comments regarding the information collection burden of
this proposal.
Since the publication of the NPR, staff has determined that there
are 13 known firms, rather than 14 firms supplying children's folding
chairs to the U.S. market. All firms are assumed to use labels on both
their products and their packaging already, but they might need to make
some modifications to their existing labels. The estimated time
required to make these modifications is about 1 hour per model. Each of
these
[[Page 59510]]
firms supplies an average of 1.5 different models of children's folding
chairs; therefore, the estimated burden hours associated with labels is
1 hour x 13 firms x 1.5 models per firm = 19.5 annual hours.
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 Children's Folding Chairs and Stools 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
Children's Folding Chairs and Stools, to be codified at 16 CFR 1232, 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 children's
folding chairs and stools, require the Commission to amend part 1112.
Accordingly, the Commission is now amending part 1112 to include the
standard for children's folding chairs and stools 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 children's
folding chairs and stools 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 1232, Standard Consumer Safety Specification
for Children's Folding Chairs and Stools, included in its scope of
accreditation of CPSC safety rules listed for the laboratory on the
CPSC website 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 folding chairs and stools 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 children's folding chairs and stools
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
chidren's folding chairs and stools standard to their scope of
accreditation. For these reasons, the Commission certifies that the NOR
amending 16 CFR part 1112 to include the children's folding chairs and
stools standard will not have a significant economic 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 1130
Administrative practice and procedure, Business and industry,
Consumer protection, Reporting and recordkeeping requirements.
16 CFR Part 1232
Consumer protection, Imports, Incorporation by reference, Infants
and children, Labeling, Law enforcement, and Toys.
For the reasons discussed in the preamble, the Commission amends 16
CFR Chapter II 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 paragraph (b)(43) 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) * * *
(43) 16 CFR part 1232, Safety Standard for Children's Folding
Chairs and Stools.
* * * * *
[[Page 59511]]
PART 1130--REQUIREMENTS FOR CONSUMER REGISTRATION OF DURABLE INFANT
OR TODDLER PRODUCTS
0
3. The authority citation for part 1130 continues to read as follows:
Authority: 15 U.S.C. 2056a, 2065(b).
0
4. Amend Sec. 1130.2 by revising paragraph (a)(13) to read as follows:
Sec. 1130.2 Definitions.
* * * * *
(a) * * *
(13) Children's folding chairs and stools;
* * * * *
0
5. Add part 1232 to read as follows:
PART 1232--SAFETY STANDARD FOR CHILDREN'S FOLDING CHAIRS AND STOOLS
Sec.
1232.1 Scope.
1232.2 Requirements for children's folding chairs and stools.
Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (August 14,
2008); Pub. L. 112-28, 125 Stat. 273 (August 12, 2011).
Sec. 1232.1 Scope.
This part establishes a consumer product safety standard for
children's folding chairs and stools.
Sec. 1232.2 Requirements for children's folding chairs and stools.
(a) Each children's folding chair and stool shall comply with all
applicable provisions of ASTM F2613-17a, Standard Consumer Safety
Specification for Children's Chairs and Stools, approved on October 1,
2017. 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. 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/cfr/ibr-locations.html.
(b) [Reserved]
Alberta E. Mills,
Acting Secretary, Consumer Product Safety Commission.
[FR Doc. 2017-26997 Filed 12-14-17; 8:45 am]
BILLING CODE 6355-01-P
