Revisions to Safety Standard for Full-Size Baby Cribs, 35293-35297 [2019-15601]

Download as PDF Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules and Regulations 338° and Panoche 096° radials) and resumes at the EBTUW intersection (INT Panoche 035° and Linden 141° radials) causing a gap in the route. The unaffected portion of the existing route will remain as charted. V–230: V–230 currently extends between the intersection of the Big Sur, CA, VORTAC 325° and the Salinas, CA, VORTAC 281° radials to the Mina, NV, VORTAC. The FAA amended the route between the Panoche, CA, VORTAC and the Friant, CA, VORTAC. The new route proceeds from the Panoche, CA, VORTAC to the BLEAR intersection (Panoche 077° and Friant 239° radials) to the Friant, CA, VORTAC. The unaffected portion of the existing route will remain as charted. All radials in the route descriptions are unchanged and stated in True degrees. Jet routes are published in paragraph 2004 and domestic VOR Federal airways are published in paragraph 6010(a), of FAA Order 7400.11C dated August 13, 2018, and effective September 15, 2018, which is incorporated by reference in 14 CFR 71.1. The jet routes and domestic VOR Federal airways listed in this document will be subsequently published in the Order. jspears on DSK30JT082PROD with RULES Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action of modifying two jet routes (J–65 and J–110) and two domestic VOR Federal airways (V–23 and V–230) qualifies for categorical exclusion under the National Environmental Policy Act and its implementing regulations at 40 CFR part 1500, and in accordance with FAA Order 1050.1F—Environmental Impacts: Policies and Procedures, paragraph 5–6.5a, which categorically VerDate Sep<11>2014 16:11 Jul 22, 2019 Jkt 247001 excludes from further environmental impact review rulemaking actions that designate or modify classes of airspace areas, airways, routes, and reporting points (see 14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; and Reporting Points). As such, this action is not expected to cause any potentially significant environmental impacts. In accordance with FAA Order 1050.1F, paragraph 5–2 regarding Extraordinary Circumstances, this action has been reviewed for factors and circumstances in which a normally categorically excluded action may have a significant environmental impact requiring further analysis, and it is determined that no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: Paragraph 6010(a) Airways. 35293 Domestic VOR Federal V–23 [Amended] From Mission Bay, CA; Oceanside, CA; 24 miles, six miles wide, Seal Beach, CA; six miles wide, INT Seal Beach 287° and Los Angeles, 138° radials; Los Angeles; Gorman, CA; Shafter, CA; to INT Shafter 338° and Panoche 096° radials. From INT Panoche 035° and Linden 141° radials; Linden, CA; Sacramento, CA; INT Sacramento 346° and Red Bluff, CA, 158° radials; Red Bluff; 58 miles, 95 MSL, Fort Jones, CA; Rogue Valley, OR; Eugene, OR; Battle Ground, WA; INT Battle Ground 350° and Seattle, WA, 197° radials; 21 miles, 45 MSL, Seattle; Paine, WA; Whatcom, WA; via INT Whatcom 290° radial to the United States/Canadian border. * * * * * V–230 [Amended] From INT Big Sur, CA, 325° and Salinas, CA, 281° radials; Salinas; Panoche, CA; INT Panoche 077° and Friant 239° radials; Friant, CA; to Mina, NV. The portion outside the United States has no upper limit. Issued in Washington, DC, on July 16, 2019. Rodger A. Dean Jr., Manager, Airspace Policy Group. [FR Doc. 2019–15526 Filed 7–22–19; 8:45 am] BILLING CODE 4910–13–P CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC–2010–0075] ■ 16 CFR Part 1219 Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. Revisions to Safety Standard for FullSize Baby Cribs § 71.1 AGENCY: [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C, Airspace Designations and Reporting Points, dated August 13, 2018, and effective September 15, 2018, is amended as follows: ■ Paragraph 2004 Jet Routes. J–65 [Amended] From San Antonio, TX, INT San Antonio 323° and Abilene, TX, 180° radials; Abilene; Chisum, NM; Truth or Consequences, NM; Phoenix, AZ; INT Phoenix 272° and Blythe CA, 096° radials; Blythe; Palmdale, CA; INT Palmdale 310° and Shafter, CA, 140° radials; to Shafter, CA. From Sacramento, CA; Red Bluff, CA; Klamath Falls, OR; to Seattle, WA. * * * * * From Boulder City, NV; Rattlesnake, NM; Alamosa, CO; Garden City, KS; Butler, MO; St. Louis, MO; Brickyard, IN; Bellaire, OH; to Coyle, NJ. PO 00000 * Frm 00009 * * Fmt 4700 * Sfmt 4700 In December 2010, the U.S. Consumer Product Safety Commission (Commission or CPSC) published a consumer product safety standard for full-size baby cribs (FS cribs). The standard incorporated by reference the applicable ASTM voluntary standard. ASTM has since published several revisions to the voluntary standard for FS cribs. We are publishing this direct final rule, revising the CPSC’s mandatory standard for FS cribs to incorporate by reference the most recent version of the applicable ASTM standard. SUMMARY: The rule is effective on October 28, 2019, unless we receive significant adverse comment by August 22, 2019. If we receive timely significant adverse comments, we will publish notification in the Federal Register, withdrawing this direct final rule before its effective DATES: J–110 [Amended] * Consumer Product Safety Commission. ACTION: Direct final rule. E:\FR\FM\23JYR1.SGM 23JYR1 35294 Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules and Regulations date. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of October 28, 2019. ADDRESSES: You may submit comments, identified by Docket No. CPSC–2010– 0075, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: https:// www.regulations.gov. Follow the instructions for submitting comments. The CPSC does not accept comments submitted by electronic mail (email), except through www.regulations.gov. The CPSC encourages you to submit electronic comments by using the Federal eRulemaking Portal, as described above. Written Submissions: Submit written submissions in the following way: Mail/ Hand delivery/Courier (for paper, disk, or CD–ROM submissions), preferably in five copies, to: Division of the Secretariat, Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7923. Instructions: All submissions received must include the agency name and docket number for this proposed rulemaking. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to: https:// www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information that you do not want to be available to the public. If furnished at all, such information should be submitted in writing. Docket: For access to the docket to read background documents or comments received, go to: https:// www.regulations.gov, and insert the docket number, CPSC–2010–0075, into the ‘‘Search’’ box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Justin Jirgl, Compliance Officer, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814–4408; telephone: 301–504–7814; email: jjirgl@cpsc.gov. SUPPLEMENTARY INFORMATION: jspears on DSK30JT082PROD with RULES A. Background 1. Statutory Authority Section 104(b)(1)(B) of the Consumer Product Safety Improvement Act (CPSIA), also known as the Danny Keysar Child Product Safety Notification Act, requires the Commission to promulgate consumer VerDate Sep<11>2014 16:11 Jul 22, 2019 Jkt 247001 product safety standards for durable infant or toddler products. The law requires that these standards are to be ‘‘substantially the same as’’ applicable voluntary standards or more stringent than the voluntary standards if the Commission concludes that more stringent requirements would further reduce the risk of injury associated with the product. The CPSIA also sets forth a process for updating CPSC’s durable infant or toddler standards when the voluntary standard upon which the CPSC standard was based is changed. Section 104(b)(4)(B) of the CPSIA provides that if an organization revises a standard that has been adopted, in whole or in part, as a consumer product safety standard under this subsection, it shall notify the Commission. In addition, the revised voluntary standard shall be considered to be a consumer product safety standard issued by the Commission under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058), effective 180 days after the date on which the organization notifies the Commission (or such later date specified by the Commission in the Federal Register) unless, within 90 days after receiving that notice, the Commission notifies the organization that it has determined that the proposed revision does not improve the safety of the consumer product covered by the standard and that the Commission is retaining the existing consumer product safety standard. 2. The FS Crib Standard Section 104(c) of the CPSIA treated cribs (both full-sized and non-full-sized cribs) differently than other products covered by section 104. Section 104(c) of the CPSIA stated that the standards for FS cribs would apply to persons (such as those owning or operating child care facilities and places of public accommodation) in addition to persons usually subject to consumer product safety rules.1 Pursuant to section 104(b)(1) and section 104(c) of the CPSIA, on December 28, 2010, the 1 Under section 104(c) of the CPSIA, the initial crib standards applied to: ‘‘any person that— (A) Manufactures, distributes in commerce, or contracts to sell cribs; (B) based on the person’s occupation, holds itself out as having knowledge of skill peculiar to cribs, including child care facilities and family child care homes; (C) is in the business of contracting to sell or resell, lease, sublet, or otherwise place cribs in the stream of commerce; or (D) owns or operates a place of accommodation affecting commerce (as defined in section 4 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2203) applied without regard to the phrase ‘not owned by the Federal Government’).’’ PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 Commission published a mandatory consumer product safety standard that incorporated by reference ASTM F1169–10, Standard Consumer Safety Specification for Full-Size Baby Cribs, codified under CPSC regulations at 16 CFR part 1219. (75 FR 81766). On August 12, 2011, in Public Law No. 112–28, Congress amended section 104 and specifically addressed the revision of the crib standards, stating that any revision of the crib standards after their initial promulgation ‘‘shall apply only to a person that manufactures or imports cribs,’’ unless the Commission determines that application to any others covered by the initial crib standards is ‘‘necessary to protect against an unreasonable risk to health or safety.’’ If the Commission does apply the revised crib standard to additional persons, it must provide at least 12 months for those persons to come into compliance. The Commission is not expanding the applicability of the revised FS crib standard in this rule. Thus, the revised FS crib standard will apply to the same entities and in the same manner as other rules the Commission issues under section 104 of the CPSIA. B. Revision to the ASTM Standard The ASTM standard for full-size cribs establishes performance requirements and test procedures to determine the structural integrity of full-size cribs. It also contains design requirements addressing entanglement on crib corner post extensions, and requirements for warning labels and instructional materials. In addition, the standard addresses bassinet, changing table, or similar accessories to a crib that attaches to or rests on a crib in the occupant retention area. The ASTM FS crib standard was revised in 2011, and the Commission incorporated by reference the revised standard as the mandatory FS crib standard on July 31, 2012 (77 FR 45242). The ASTM standard was revised again in 2013, and the Commission incorporated by reference the revised standard as the mandatory FS crib standard on December 9, 2013 (78 FR 73692). On May 2, 2019, ASTM notified the Commission that it has revised ASTM’s FS crib standard; the current ASTM standard is ASTM F1169–19, Standard Consumer Safety Specification for Full-Size Baby Cribs. Based on a review of the changes between the current CPSC standard, 16 CFR part 1219 and ASTM F1169–19, the Commission concludes that each change made in ASTM F1169–19 either improves the safety of FS cribs or is neutral in its safety impact. E:\FR\FM\23JYR1.SGM 23JYR1 Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules and Regulations Section 8.4 of ASTM 1169 was revised to require all warning labels to be affixed to the product. Previous versions of ASTM F1169 required the highest priority warning messages (e.g., the suffocation warning) to be ‘‘visible in [their] entirety when one short side and one long side of the crib are positioned in a corner formed by two vertical walls’’ (Section 8.3.1); however, the provision allowed some additional lower-priority warning messages (e.g., strangulation and fall) to be placed in another location, as long as the ‘‘visible’’ warning identified the location of the additional warnings. ASTM 1169–19 revised section 8.4 to make clear that all warnings, including lower-priority warnings, must be affixed somewhere on the crib, and not merely referenced in a manual or instructions. The Commission concludes that this change adds clarity and improves the safety of the standard. The Commission determines that all warnings that are intended to be on a FS crib should be affixed to the product because onproduct warnings stay with the product through multiple users, whereas an instruction manual could be discarded, lost, or otherwise not be available to another user of the product. ASTM F1169–19 also includes several non-substantive changes that do not affect the safety of FS cribs, such as spacing, grammar, and punctuation (e.g., ‘‘in’’ to ‘‘in.’’; ‘‘manufacturers’’ to ‘‘manufacturer’s’’; and ‘‘as per’’ to ‘‘in accordance with’’). Under section 1.5, Scope, ASTM added language stating that ASTM developed the standard in accordance with principles recognized by the World Trade Organization. In addition, under section 1.4, the word ‘‘environmental’’ was added to the following sentence: ‘‘It is the responsibility of the user of this standard to establish appropriate safety, health, and environmental practices and determine the applicability of regulatory limitations prior to use.’’ The Commission concludes that these editorial changes and additions do not impact the safety of FS cribs. jspears on DSK30JT082PROD with RULES C. Incorporation by Reference The Office of the Federal Register (OFR) has regulations concerning incorporation by reference. 1 CFR part 51. Under these regulations, agencies must discuss, in the preamble to the final rule, ways that the materials the agency incorporates by reference are reasonably available to interested persons and how interested parties can obtain the materials. In addition, the preamble to the final rule must summarize the material. 1 CFR 51.5(b). VerDate Sep<11>2014 16:11 Jul 22, 2019 Jkt 247001 In accordance with the OFR’s requirements, section B of this preamble summarizes the major provisions of the ASTM F1169–19 standard that the Commission incorporates by reference into 16 CFR part 1219. The standard is reasonably available to interested parties, and interested parties may purchase a copy of the standard from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959 USA; phone: 610–832–9585; www.astm.org. A copy of the standard can also be inspected at CPSC’s Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301–504–7923. D. The Congressional Review Act The Congressional Review Act (CRA; 5 U.S.C. 801–808) states that, before a rule may take effect, the agency issuing the rule must submit the rule, and certain related information, to each House of Congress and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must indicate whether the rule is a ‘‘major rule.’’ The CRA states that the Office of Information and Regulatory Affairs (OIRA) determines whether a rule qualifies as a ‘‘major rule.’’ Pursuant to the CRA, OIRA designated this rule as not a ‘‘major rule,’’ as defined in 5 U.S.C. 804(2). In addition, to comply with the CRA, the Office of the General Counsel will submit the required information to each House of Congress and the Comptroller General. E. Certification Section 14(a) of the CPSA requires that products subject to a consumer product safety rule under the CPSA, or to a similar rule, ban, standard, or regulation under any other act enforced by the Commission, be certified as complying with all applicable CPSC requirements. 15 U.S.C. 2063(a). Such certification must be based on a test of each product, or on a reasonable testing program, or, for children’s products, on tests on a sufficient number of samples by a third party conformity assessment body accredited by the Commission to test according to the applicable requirements. As noted in the preceding discussion, standards issued under section 104(b)(1)(B) of the CPSIA are ‘‘consumer product safety standards.’’ Thus, they are subject to the testing and certification requirements of section 14 of the CPSA. Because FS cribs are children’s products, samples of these products must be tested by a third party conformity assessment body whose PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 35295 accreditation has been accepted by the Commission. These products also must comply with all other applicable CPSC requirements, such as the lead content requirements in section 101 of the CPSIA, the phthalates prohibitions in section 108 of the CPSIA, the tracking label requirement in section 14(a)(5) of the CPSA, and the consumer registration form requirements in section 104(d) of the CPSIA. F. Notice of Requirements In accordance with section 14(a)(3)(B)(iv) of the CPSA, the Commission has previously published a notice of requirements (NOR) for accreditation of third party conformity assessment bodies for testing FS cribs (73 FR 62965 (Oct. 22, 2008)). The NOR provided the criteria and process for our acceptance of accreditation of third party conformity assessment bodies for testing FS cribs to 16 CFR part 1219. The NOR is listed in the Commission’s rule, ‘‘Requirements Pertaining to Third Party Conformity Assessment Bodies.’’ 16 CFR part 1112. The revision to section 8.4 concerning the on-product warning label clarifies the existing standard and does not require a new test. The requirement that the warning label be attached to the product can be assessed by visual inspection. Accordingly, there is no significant change in the way that third party conformity assessment bodies test these products for compliance with the FS crib standard. Laboratories would begin testing to the new standard when ASTM F1169–19 goes into effect, and the existing accreditations that the Commission has accepted for testing to this standard previously would also cover testing to the revised standard. Therefore, the existing NOR for this standard will remain in place, and CPSC-accepted third party conformity assessment bodies are expected to update the scope of the testing laboratories’ accreditation to reflect the revised standard in the normal course of renewing their accreditation. G. Direct Final Rule Process The Commission is issuing this rule as a direct final rule. Although the Administrative Procedure Act (APA) generally requires notice and comment rulemaking, section 553 of the APA provides an exception when the agency, for good cause, finds that notice and public procedure are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ 5 U.S.C. 553(b)(B). The Commission concludes that when the Commission updates a reference to an ASTM standard that the Commission has incorporated by reference under E:\FR\FM\23JYR1.SGM 23JYR1 jspears on DSK30JT082PROD with RULES 35296 Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules and Regulations section 104(b) of the CPSIA, notice and comment is not necessary. Under the process set out in section 104(b)(4)(B) of the CPSIA, when ASTM revises a standard that the Commission has previously incorporated by reference as a Commission standard for a durable infant or toddler product under section 104(b)(1)(b) of the CPSIA, that revision will become the new CPSC standard, unless the Commission determines that ASTM’s revision does not improve the safety of the product. Thus, unless the Commission makes such a determination, the ASTM revision becomes CPSC’s standard by operation of law. The Commission is allowing ASTM F1169–19 to become CPSC’s new standard. The purpose of this direct final rule is merely to update the reference in the Code of Federal Regulations so that it accurately reflects the version of the standard that takes effect by statute. Public comment will not impact the substantive changes to the standard or the effect of the revised standard as a consumer product safety standard under section 104(b) of the CPSIA. Under these circumstances, notice and comment is not necessary. In Recommendation 95–4, the Administrative Conference of the United States (ACUS) endorsed direct final rulemaking as an appropriate procedure to expedite promulgation of rules that are noncontroversial and that are not expected to generate significant adverse comment. See 60 FR 43108 (August 18, 1995). ACUS recommended that agencies use the direct final rule process when they act under the ‘‘unnecessary’’ prong of the good cause exemption in 5 U.S.C. 553(b)(B). Consistent with the ACUS recommendation, the Commission is publishing this rule as a direct final rule because we do not expect any significant adverse comments. Unless we receive a significant adverse comment within 30 days, the rule will become effective on October 28, 2019. In accordance with ACUS’s recommendation, the Commission considers a significant adverse comment to be one where the commenter explains why the rule would be inappropriate, including an assertion challenging the rule’s underlying premise or approach, or a claim that the rule would be ineffective or unacceptable without change. Should the Commission receive a significant adverse comment, the Commission would withdraw this direct final rule. Depending on the comments and other circumstances, the Commission may then incorporate the adverse comment into a subsequent direct final rule or publish a notice of VerDate Sep<11>2014 16:11 Jul 22, 2019 Jkt 247001 proposed rulemaking, providing an opportunity for public comment. H. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) generally requires that agencies review proposed and final rules for their potential economic impact on small entities, including small businesses, and prepare regulatory flexibility analyses. 5 U.S.C. 603 and 604. The RFA applies to any rule that is subject to notice and comment procedures under section 553 of the APA. Id. As explained above, the Commission has determined that notice and comment is not necessary for this direct final rule. Thus, the RFA does not apply. We also note the limited nature of this document, which updates the incorporation by reference to reflect the mandatory CPSC standard that takes effect under section 104 of the CPSIA. I. Paperwork Reduction Act The FS crib standard contains information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). The revision made no changes to that section of the standard. Thus, the revision will not have any effect on the information collection requirements related to the standard. J. Environmental Considerations The Commission’s regulations provide a categorical exclusion for the Commission’s rules from any requirement to prepare an environmental assessment or an environmental impact statement because they ‘‘have little or no potential for affecting the human environment.’’ 16 CFR 1021.5(c)(2). This rule falls within the categorical exclusion, so no environmental assessment or environmental impact statement is required. K. Preemption Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a consumer product safety standard is in effect and applies to a product, no state or political subdivision of a state may either establish or continue in effect a requirement dealing with the same risk of injury unless the state requirement is identical to the federal standard. Section 26(c) of the CPSA also provides that states or political subdivisions of states may apply to the CPSC 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,’’ thus, implying that the preemptive effect of section 26(a) of the CPSA would apply. PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Therefore, a rule issued under section 104 of the CPSIA will invoke the preemptive effect of section 26(a) of the CPSA when it becomes effective. L. Effective Date Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, when a voluntary standard organization revises a standard upon which a consumer product safety standard was based, the revision becomes the CPSC standard within 180 days of notification to the Commission, unless the Commission determines that the revision does not improve the safety of the product, or the Commission sets a later date in the Federal Register. The Commission has not set a different effective date. Thus, in accordance with this provision, this rule takes effect 180 days after we received notification from ASTM of revision to this standard. As discussed in the preceding section, this is a direct final rule. Unless we receive a significant adverse comment within 30 days, the rule will become effective on October 28, 2019. List of Subjects in 16 CFR Part 1219 Consumer protection, Imports, Incorporation by reference, Infants and children, Law enforcement, Safety, Toys. For the reasons stated above, the Commission amends Title 16 CFR chapter II as follows: PART 1219—SAFETY STANDARD FOR FULL-SIZE BABY CRIBS 1. The authority citation for part 1219 continues to read as follows: ■ Authority: Sec. 104, Pub. L. 110–314, 122 Stat. 3016 (August 14, 2008); Sec. 3, Pub. L. 112–28, 125 Stat. 273 (August 12, 2011). ■ 2. Revise § 1219.2 to read as follows: § 1219.2 cribs. Requirements for full-size baby Each full-size baby crib must comply with all applicable provisions of ASTM F1169–19, Standard Consumer Safety Specification for Full-Size Baby Cribs approved March 15, 2019. The Director of the Federal Register approves the incorporation by reference listed in this section in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of this ASTM standard from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959 USA; phone: 610–832–9585; www.astm.org. You may inspect a copy at the Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone 301–504–7923, or at E:\FR\FM\23JYR1.SGM 23JYR1 Federal Register / Vol. 84, No. 141 / Tuesday, July 23, 2019 / Rules and Regulations the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: www.archives.gov/federalregister/cfr/ibr-locations.html. Alberta E. Mills, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2019–15601 Filed 7–22–19; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF STATE 22 CFR Parts 22 and 42 [Public Notice 10109] RIN 1400–AE11 Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates—Visa Services Fee Changes Department of State. Final rule. AGENCY: ACTION: This rule is promulgated to implement the Adoptive Family Relief Act (the Act), which allows for the waiver or refund of fees relating to the renewal or replacement of an immigrant visa for certain already-adopted children where the adopted child was unable to use his or her initially issued immigrant visa as a direct result of extraordinary circumstances. The Department is also amending its regulations regarding immigrant visa application procedures to cover new technologies, application forms, and procedures that have been implemented in recent years. DATES: This rule is effective on July 23, 2019. FOR FURTHER INFORMATION CONTACT: Jorge Abudei, Management Analyst, Office of the Comptroller, Bureau of Consular Affairs, Department of State; phone: 202–485–6697, telefax: 202– 485–6826; email: fees@state.gov. SUPPLEMENTARY INFORMATION: SUMMARY: jspears on DSK30JT082PROD with RULES Why is the Department promulgating this rule? The Adoptive Family Relief Act (Pub. L. 114–70) (the Act) amended Section 221(c) of the Immigration and Nationality Act (INA), 8 U.S.C. 1201(c), to allow for the waiver or refund of certain immigrant visa fees for a lawfully adopted child, or a child coming to the United States to be adopted by a United States citizen (hereinafter referred to as adoptive children), subject to criteria prescribed VerDate Sep<11>2014 16:11 Jul 22, 2019 Jkt 247001 by the Secretary of State. More than 350 American families have successfully adopted children from the Democratic Republic of the Congo. However, since September 25, 2013, some families have not been able to bring their adoptive children home to the United States because the Democratic Republic of the Congo suspended the issuance of ‘‘exit permits’’ for these children. As the permit suspension drags on, however, American families are repeatedly paying visa renewal and related fees, while also continuing to be separated from their adoptive children. The waiver or refund provides ‘‘support and relief to American families seeking to bring their adoptive children from the Democratic Republic of the Congo home to the United States, and would also provide relief to similarly situated adoptive families should barriers arise in other countries in the future.’’ See 161 Cong. Rec. S2796–01. The Department is amending current rules regarding immigrant visa fees found in §§ 22.1, 42.71(b) and 42.74 of 22 CFR in order to implement the Act. Thus, the current text of § 42.71(b) will become § 42.71(b)(1) and a new paragraph (b)(2) will set forth the requirements for the waiver or refund of immigrant visa fees for adoptive families who must renew a visa for an adoptive child who, through no fault of the parent(s) or child, is unable to travel to the United States. If an immigrant visa was issued on or after March 27, 2013 and an adoptive child was unable to use that visa as a direct result of extraordinary circumstances beyond the control of the adoptive child or adoptive parent(s), such as denial of an exit permit, the adoptive child, adoptive parent(s), or their representative may request a waiver or refund of the immigrant visa fee relating to a replacement of such visa. All other visa replacement requirements still apply. This rule also adds this exemption to the Schedule of Fees at 22 CFR 22.1 and adds a paragraph at § 42.74(a)(3) on replacement immigrant visas for adoptive children covered by the Act. In addition to implementing the Act, this rule also updates existing regulations regarding immigrant visa application procedures to more accurately reflect new technologies, application forms, and procedures that have been implemented in recent years. Obsolete language in §§ 42.71, 42.73, and 42.74 regarding discontinued immigrant visa issuance procedures and outdated forms has been deleted. Superfluous language in § 42.71 related to an outdated procedure has been removed. Both §§ 42.73 and 42.74 have been reorganized for readability and PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 35297 § 42.73 has been revised to more closely track the equivalent provision to procure issuance of nonimmigrant visas at § 41.113. In addition, language related to the locations of specific immigrant visa content on the Department’s websites has been deleted, as websites and their content are generally subject to frequent reorganization and other changes. More specific guidance is available in Volume 9 of the Foreign Affairs Manual (see fam.state.gov) and on travel.state.gov. Regulatory Findings Administrative Procedure Act The Department is publishing this rule as a final rule, with an effective date less than 30 days from the date of publication, based on the ‘‘good cause’’ exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). The Department is issuing this final rule with an effective date on the date of publication. The APA permits a final rule to become effective fewer than 30 days after the publication if the issuing agency finds good cause. 5 U.S.C. 553(d)(3). The Department finds that good cause exists for an early effective date in this instance because Congress has already mandated that, subject to criteria prescribed by the Secretary of State, the visa fees for certain lawfully adopted children may be waived, or, if paid, may be refunded. This rulemaking implements the Congressional mandate. Regulatory Flexibility Act/Executive Order 13272: Small Business Because this final rule is exempt from notice-and-comment rulemaking under 5 U.S.C. 553, it is exempt from the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Because this rule is exempt, the Department did not conduct an economic analysis of the impact on small entities. Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995 (codified at 2 U.S.C. 1532) generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by 5 U.S.C. 804(2). E:\FR\FM\23JYR1.SGM 23JYR1

Agencies

Consumer Product Safety Commission

[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Rules and Regulations]
[Pages 35293-35297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15601]


=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2010-0075]

16 CFR Part 1219


Revisions to Safety Standard for Full-Size Baby Cribs

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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

SUMMARY: In December 2010, the U.S. Consumer Product Safety Commission 
(Commission or CPSC) published a consumer product safety standard for 
full-size baby cribs (FS cribs). The standard incorporated by reference 
the applicable ASTM voluntary standard. ASTM has since published 
several revisions to the voluntary standard for FS cribs. We are 
publishing this direct final rule, revising the CPSC's mandatory 
standard for FS cribs to incorporate by reference the most recent 
version of the applicable ASTM standard.

DATES: The rule is effective on October 28, 2019, unless we receive 
significant adverse comment by August 22, 2019. If we receive timely 
significant adverse comments, we will publish notification in the 
Federal Register, withdrawing this direct final rule before its 
effective

[[Page 35294]]

date. The incorporation by reference of the publication listed in this 
rule is approved by the Director of the Federal Register as of October 
28, 2019.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2010-
0075, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. The CPSC does not accept comments 
submitted by electronic mail (email), except through 
www.regulations.gov. The CPSC encourages you to submit electronic 
comments by using the Federal eRulemaking Portal, as described above.
    Written Submissions: Submit written submissions in the following 
way: Mail/Hand delivery/Courier (for paper, disk, or CD-ROM 
submissions), preferably in five copies, to: Division of the 
Secretariat, Consumer Product Safety Commission, Room 820, 4330 East 
West Highway, Bethesda, MD 20814; telephone (301) 504-7923.
    Instructions: All submissions received must include the agency name 
and docket number for this proposed rulemaking. All comments received 
may be posted without change, including any personal identifiers, 
contact information, or other personal information provided, to: 
https://www.regulations.gov. Do not submit confidential business 
information, trade secret information, or other sensitive or protected 
information that you do not want to be available to the public. If 
furnished at all, such information should be submitted in writing.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov, and insert the 
docket number, CPSC-2010-0075, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Justin Jirgl, Compliance Officer, 
Office of Compliance and Field Operations, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814-4408; telephone: 
301-504-7814; email: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

1. Statutory Authority

    Section 104(b)(1)(B) of the Consumer Product Safety Improvement Act 
(CPSIA), also known as the Danny Keysar Child Product Safety 
Notification Act, requires the Commission to promulgate consumer 
product safety standards for durable infant or toddler products. The 
law requires that these standards are to be ``substantially the same 
as'' applicable voluntary standards or more stringent than the 
voluntary standards if the Commission concludes that more stringent 
requirements would further reduce the risk of injury associated with 
the product.
    The CPSIA also sets forth a process for updating CPSC's durable 
infant or toddler standards when the voluntary standard upon which the 
CPSC standard was based is changed. Section 104(b)(4)(B) of the CPSIA 
provides that if an organization revises a standard that has been 
adopted, in whole or in part, as a consumer product safety standard 
under this subsection, it shall notify the Commission. In addition, the 
revised voluntary standard shall be considered to be a consumer product 
safety standard issued by the Commission under section 9 of the 
Consumer Product Safety Act (15 U.S.C. 2058), effective 180 days after 
the date on which the organization notifies the Commission (or such 
later date specified by the Commission in the Federal Register) unless, 
within 90 days after receiving that notice, the Commission notifies the 
organization that it has determined that the proposed revision does not 
improve the safety of the consumer product covered by the standard and 
that the Commission is retaining the existing consumer product safety 
standard.

2. The FS Crib Standard

    Section 104(c) of the CPSIA treated cribs (both full-sized and non-
full-sized cribs) differently than other products covered by section 
104. Section 104(c) of the CPSIA stated that the standards for FS cribs 
would apply to persons (such as those owning or operating child care 
facilities and places of public accommodation) in addition to persons 
usually subject to consumer product safety rules.\1\ Pursuant to 
section 104(b)(1) and section 104(c) of the CPSIA, on December 28, 
2010, the Commission published a mandatory consumer product safety 
standard that incorporated by reference ASTM F1169-10, Standard 
Consumer Safety Specification for Full-Size Baby Cribs, codified under 
CPSC regulations at 16 CFR part 1219. (75 FR 81766).
---------------------------------------------------------------------------

    \1\ Under section 104(c) of the CPSIA, the initial crib 
standards applied to: ``any person that--
    (A) Manufactures, distributes in commerce, or contracts to sell 
cribs;
    (B) based on the person's occupation, holds itself out as having 
knowledge of skill peculiar to cribs, including child care 
facilities and family child care homes;
    (C) is in the business of contracting to sell or resell, lease, 
sublet, or otherwise place cribs in the stream of commerce; or
    (D) owns or operates a place of accommodation affecting commerce 
(as defined in section 4 of the Federal Fire Prevention and Control 
Act of 1974 (15 U.S.C. 2203) applied without regard to the phrase 
`not owned by the Federal Government').''
---------------------------------------------------------------------------

    On August 12, 2011, in Public Law No. 112-28, Congress amended 
section 104 and specifically addressed the revision of the crib 
standards, stating that any revision of the crib standards after their 
initial promulgation ``shall apply only to a person that manufactures 
or imports cribs,'' unless the Commission determines that application 
to any others covered by the initial crib standards is ``necessary to 
protect against an unreasonable risk to health or safety.'' If the 
Commission does apply the revised crib standard to additional persons, 
it must provide at least 12 months for those persons to come into 
compliance. The Commission is not expanding the applicability of the 
revised FS crib standard in this rule. Thus, the revised FS crib 
standard will apply to the same entities and in the same manner as 
other rules the Commission issues under section 104 of the CPSIA.

B. Revision to the ASTM Standard

    The ASTM standard for full-size cribs establishes performance 
requirements and test procedures to determine the structural integrity 
of full-size cribs. It also contains design requirements addressing 
entanglement on crib corner post extensions, and requirements for 
warning labels and instructional materials. In addition, the standard 
addresses bassinet, changing table, or similar accessories to a crib 
that attaches to or rests on a crib in the occupant retention area.
    The ASTM FS crib standard was revised in 2011, and the Commission 
incorporated by reference the revised standard as the mandatory FS crib 
standard on July 31, 2012 (77 FR 45242). The ASTM standard was revised 
again in 2013, and the Commission incorporated by reference the revised 
standard as the mandatory FS crib standard on December 9, 2013 (78 FR 
73692). On May 2, 2019, ASTM notified the Commission that it has 
revised ASTM's FS crib standard; the current ASTM standard is ASTM 
F1169-19, Standard Consumer Safety Specification for Full-Size Baby 
Cribs. Based on a review of the changes between the current CPSC 
standard, 16 CFR part 1219 and ASTM F1169-19, the Commission concludes 
that each change made in ASTM F1169-19 either improves the safety of FS 
cribs or is neutral in its safety impact.

[[Page 35295]]

    Section 8.4 of ASTM 1169 was revised to require all warning labels 
to be affixed to the product. Previous versions of ASTM F1169 required 
the highest priority warning messages (e.g., the suffocation warning) 
to be ``visible in [their] entirety when one short side and one long 
side of the crib are positioned in a corner formed by two vertical 
walls'' (Section 8.3.1); however, the provision allowed some additional 
lower-priority warning messages (e.g., strangulation and fall) to be 
placed in another location, as long as the ``visible'' warning 
identified the location of the additional warnings. ASTM 1169-19 
revised section 8.4 to make clear that all warnings, including lower-
priority warnings, must be affixed somewhere on the crib, and not 
merely referenced in a manual or instructions.
    The Commission concludes that this change adds clarity and improves 
the safety of the standard. The Commission determines that all warnings 
that are intended to be on a FS crib should be affixed to the product 
because on-product warnings stay with the product through multiple 
users, whereas an instruction manual could be discarded, lost, or 
otherwise not be available to another user of the product.
    ASTM F1169-19 also includes several non-substantive changes that do 
not affect the safety of FS cribs, such as spacing, grammar, and 
punctuation (e.g., ``in'' to ``in.''; ``manufacturers'' to 
``manufacturer's''; and ``as per'' to ``in accordance with''). Under 
section 1.5, Scope, ASTM added language stating that ASTM developed the 
standard in accordance with principles recognized by the World Trade 
Organization. In addition, under section 1.4, the word 
``environmental'' was added to the following sentence: ``It is the 
responsibility of the user of this standard to establish appropriate 
safety, health, and environmental practices and determine the 
applicability of regulatory limitations prior to use.'' The Commission 
concludes that these editorial changes and additions do not impact the 
safety of FS cribs.

C. Incorporation by Reference

    The Office of the Federal Register (OFR) has regulations concerning 
incorporation by reference. 1 CFR part 51. Under these regulations, 
agencies must discuss, in the preamble to the final rule, ways that the 
materials the agency incorporates by reference are reasonably available 
to interested persons and how interested parties can obtain the 
materials. In addition, the preamble to the final rule must summarize 
the material. 1 CFR 51.5(b).
    In accordance with the OFR's requirements, section B of this 
preamble summarizes the major provisions of the ASTM F1169-19 standard 
that the Commission incorporates by reference into 16 CFR part 1219. 
The standard is reasonably available to interested parties, and 
interested parties may purchase a copy of the standard from ASTM 
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, 
PA 19428-2959 USA; phone: 610-832-9585; www.astm.org. A copy of the 
standard can also be inspected at CPSC's Division of the Secretariat, 
U.S. Consumer Product Safety Commission, Room 820, 4330 East West 
Highway, Bethesda, MD 20814, telephone 301-504-7923.

D. The Congressional Review Act

    The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that, 
before a rule may take effect, the agency issuing the rule must submit 
the rule, and certain related information, to each House of Congress 
and the Comptroller General. 5 U.S.C. 801(a)(1). The submission must 
indicate whether the rule is a ``major rule.'' The CRA states that the 
Office of Information and Regulatory Affairs (OIRA) determines whether 
a rule qualifies as a ``major rule.'' Pursuant to the CRA, OIRA 
designated this rule as not a ``major rule,'' as defined in 5 U.S.C. 
804(2). In addition, to comply with the CRA, the Office of the General 
Counsel will submit the required information to each House of Congress 
and the Comptroller General.

E. Certification

    Section 14(a) of the CPSA requires that products subject to a 
consumer product safety rule under the CPSA, or to a similar rule, ban, 
standard, or regulation under any other act enforced by the Commission, 
be certified as complying with all applicable CPSC requirements. 15 
U.S.C. 2063(a). Such certification must be based on a test of each 
product, or on a reasonable testing program, or, for children's 
products, on tests on a sufficient number of samples by a third party 
conformity assessment body accredited by the Commission to test 
according to the applicable requirements. As noted in the preceding 
discussion, standards issued under section 104(b)(1)(B) of the CPSIA 
are ``consumer product safety standards.'' Thus, they are subject to 
the testing and certification requirements of section 14 of the CPSA.
    Because FS cribs are children's products, samples of these products 
must be tested by a third party conformity assessment body whose 
accreditation has been accepted by the Commission. These products also 
must comply with all other applicable CPSC requirements, such as the 
lead content requirements in section 101 of the CPSIA, the phthalates 
prohibitions in section 108 of the CPSIA, the tracking label 
requirement in section 14(a)(5) of the CPSA, and the consumer 
registration form requirements in section 104(d) of the CPSIA.

F. Notice of Requirements

    In accordance with section 14(a)(3)(B)(iv) of the CPSA, the 
Commission has previously published a notice of requirements (NOR) for 
accreditation of third party conformity assessment bodies for testing 
FS cribs (73 FR 62965 (Oct. 22, 2008)). The NOR provided the criteria 
and process for our acceptance of accreditation of third party 
conformity assessment bodies for testing FS cribs to 16 CFR part 1219. 
The NOR is listed in the Commission's rule, ``Requirements Pertaining 
to Third Party Conformity Assessment Bodies.'' 16 CFR part 1112.
    The revision to section 8.4 concerning the on-product warning label 
clarifies the existing standard and does not require a new test. The 
requirement that the warning label be attached to the product can be 
assessed by visual inspection. Accordingly, there is no significant 
change in the way that third party conformity assessment bodies test 
these products for compliance with the FS crib standard. Laboratories 
would begin testing to the new standard when ASTM F1169-19 goes into 
effect, and the existing accreditations that the Commission has 
accepted for testing to this standard previously would also cover 
testing to the revised standard. Therefore, the existing NOR for this 
standard will remain in place, and CPSC-accepted third party conformity 
assessment bodies are expected to update the scope of the testing 
laboratories' accreditation to reflect the revised standard in the 
normal course of renewing their accreditation.

G. Direct Final Rule Process

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA) generally requires 
notice and comment rulemaking, section 553 of the APA provides an 
exception when the agency, for good cause, finds that notice and public 
procedure are ``impracticable, unnecessary, or contrary to the public 
interest.'' 5 U.S.C. 553(b)(B). The Commission concludes that when the 
Commission updates a reference to an ASTM standard that the Commission 
has incorporated by reference under

[[Page 35296]]

section 104(b) of the CPSIA, notice and comment is not necessary.
    Under the process set out in section 104(b)(4)(B) of the CPSIA, 
when ASTM revises a standard that the Commission has previously 
incorporated by reference as a Commission standard for a durable infant 
or toddler product under section 104(b)(1)(b) of the CPSIA, that 
revision will become the new CPSC standard, unless the Commission 
determines that ASTM's revision does not improve the safety of the 
product. Thus, unless the Commission makes such a determination, the 
ASTM revision becomes CPSC's standard by operation of law. The 
Commission is allowing ASTM F1169-19 to become CPSC's new standard. The 
purpose of this direct final rule is merely to update the reference in 
the Code of Federal Regulations so that it accurately reflects the 
version of the standard that takes effect by statute. Public comment 
will not impact the substantive changes to the standard or the effect 
of the revised standard as a consumer product safety standard under 
section 104(b) of the CPSIA. Under these circumstances, notice and 
comment is not necessary. In Recommendation 95-4, the Administrative 
Conference of the United States (ACUS) endorsed direct final rulemaking 
as an appropriate procedure to expedite promulgation of rules that are 
noncontroversial and that are not expected to generate significant 
adverse comment. See 60 FR 43108 (August 18, 1995). ACUS recommended 
that agencies use the direct final rule process when they act under the 
``unnecessary'' prong of the good cause exemption in 5 U.S.C. 
553(b)(B). Consistent with the ACUS recommendation, the Commission is 
publishing this rule as a direct final rule because we do not expect 
any significant adverse comments.
    Unless we receive a significant adverse comment within 30 days, the 
rule will become effective on October 28, 2019. In accordance with 
ACUS's recommendation, the Commission considers a significant adverse 
comment to be one where the commenter explains why the rule would be 
inappropriate, including an assertion challenging the rule's underlying 
premise or approach, or a claim that the rule would be ineffective or 
unacceptable without change.
    Should the Commission receive a significant adverse comment, the 
Commission would withdraw this direct final rule. Depending on the 
comments and other circumstances, the Commission may then incorporate 
the adverse comment into a subsequent direct final rule or publish a 
notice of proposed rulemaking, providing an opportunity for public 
comment.

H. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires that 
agencies review proposed and final rules for their potential economic 
impact on small entities, including small businesses, and prepare 
regulatory flexibility analyses. 5 U.S.C. 603 and 604. The RFA applies 
to any rule that is subject to notice and comment procedures under 
section 553 of the APA. Id. As explained above, the Commission has 
determined that notice and comment is not necessary for this direct 
final rule. Thus, the RFA does not apply. We also note the limited 
nature of this document, which updates the incorporation by reference 
to reflect the mandatory CPSC standard that takes effect under section 
104 of the CPSIA.

I. Paperwork Reduction Act

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

J. Environmental Considerations

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

K. Preemption

    Section 26(a) of the CPSA, 15 U.S.C. 2075(a), provides that where a 
consumer product safety standard is in effect and applies to a product, 
no state or political subdivision of a state may either establish or 
continue in effect a requirement dealing with the same risk of injury 
unless the state requirement is identical to the federal standard. 
Section 26(c) of the CPSA also provides that states or political 
subdivisions of states may apply to the CPSC 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,'' thus, implying that the preemptive effect of 
section 26(a) of the CPSA would apply. Therefore, a rule issued under 
section 104 of the CPSIA will invoke the preemptive effect of section 
26(a) of the CPSA when it becomes effective.

L. Effective Date

    Under the procedure set forth in section 104(b)(4)(B) of the CPSIA, 
when a voluntary standard organization revises a standard upon which a 
consumer product safety standard was based, the revision becomes the 
CPSC standard within 180 days of notification to the Commission, unless 
the Commission determines that the revision does not improve the safety 
of the product, or the Commission sets a later date in the Federal 
Register. The Commission has not set a different effective date. Thus, 
in accordance with this provision, this rule takes effect 180 days 
after we received notification from ASTM of revision to this standard. 
As discussed in the preceding section, this is a direct final rule. 
Unless we receive a significant adverse comment within 30 days, the 
rule will become effective on October 28, 2019.

List of Subjects in 16 CFR Part 1219

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

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

PART 1219--SAFETY STANDARD FOR FULL-SIZE BABY CRIBS

0
1. The authority citation for part 1219 continues to read as follows:

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


0
2. Revise Sec.  1219.2 to read as follows:


Sec.  1219.2  Requirements for full-size baby cribs.

    Each full-size baby crib must comply with all applicable provisions 
of ASTM F1169-19, Standard Consumer Safety Specification for Full-Size 
Baby Cribs approved March 15, 2019. The Director of the Federal 
Register approves the incorporation by reference listed in this section 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain a 
copy of this ASTM standard from ASTM International, 100 Barr Harbor 
Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 USA; phone: 610-
832-9585; www.astm.org. You may inspect a copy at the Division of the 
Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 
East West Highway, Bethesda, MD 20814, telephone 301-504-7923, or at

[[Page 35297]]

the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2019-15601 Filed 7-22-19; 8:45 am]
 BILLING CODE 6355-01-P

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