Revisions to Safety Standard for Carriages and Strollers, 37763-37767 [2019-16524]

Download as PDF Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations identifying the issues that it wishes the Secretary to consider. A copy of the statement must be served on the other parties, who may file a response by the 20th day after receipt of the statement. Any response must also be served on the other parties. (c) All submissions permitted under this section must be filed with the Office of Hearings and Appeals. (d) The Secretary (or his designee) will reverse or revise an appeal decision by the OHA Director only under extraordinary circumstances. In the event the Secretary determines that a revision in the appeal decision is appropriate, the Secretary will direct the OHA Director to issue a revised decision which is the final agency action on the complaint. In the event the Secretary determines to reverse an appeal decision dismissing the complaint, the Secretary may, as appropriate, direct the OHA Director to issue a revised decision ordering further processing of the complaint. If no further processing is ordered, the Secretary’s decision is the final agency action on the complaint. § 708.36 Remedies. (a) General remedies. If the initial or final agency decision determines that an act of retaliation has occurred, it may order: (1) Reinstatement; (2) Transfer preference; (3) Back pay; (4) Reimbursement of the complainant’s reasonable costs and expenses, including attorney and expert-witness fees reasonably incurred to prepare for and participate in proceedings leading to the initial or final agency decision; or (5) Such other remedies as are deemed necessary to abate the violation and provide the complainant with relief. (b) Interim relief. If an initial agency decision contains a determination that an act of retaliation occurred, the decision may order the employer to provide the complainant with appropriate interim relief (including reinstatement) pending the outcome of any request for review of the decision by the OHA Director. Such interim relief will not include payment of any money. jbell on DSK3GLQ082PROD with RULES § 708.37 Reimbursement of costs and expenses. If a complaint is denied by a final agency decision, the complainant will not be reimbursed for the costs and expenses incurred in pursuing the complaint. Jkt 247001 The Contract Disputes Act. A final agency decision and order issued pursuant to this regulation is not considered a claim by the government against a contractor or ‘‘a decision by the contracting officer’’ under sections 6 and 7 of the Contract Disputes Act (41 U.S.C. 605 and 41 U.S.C. 606). § 708.40 Notice of program requirements. Employers who are covered by this part must inform their employees about these regulations by posting notices in conspicuous places at the work site. These notices must include the name, address, telephone number, and website or email address of the DOE office where employees can file complaints under this part. § 708.41 Referral to another agency. Notwithstanding the provisions of this part, the Secretary of Energy retains the right to request that a complaint filed under this part be accepted by another Federal agency for investigation and factual determinations. § 708.42 Extension of deadlines. The Secretary of Energy (or the Secretary’s designee) may approve the extension of any deadline established by this part, and the OHA Director may approve the extension of any deadline under §§ 708.22 through 708.34 of this subpart (relating to the investigation, hearing, and OHA appeal process). Failure by the DOE to comply with timing requirements does not create a substantive right for any party to overturn a DOE decision on a complaint. Affirmative duty not to retaliate. DOE contractors will not retaliate against any employee because the employee (or any person acting at the request of the employee) has taken an action listed in § 708.5(a) through (c). (a) The Head of Field Element having jurisdiction over the contract under 16:58 Aug 01, 2019 § 708.39 § 708.43 § 708.38 Implementation of final agency decision. VerDate Sep<11>2014 which the complainant was employed when the alleged retaliation occurred, or EC Director, will implement a final agency decision by forwarding the decision and order to the contractor, or subcontractor, involved. (b) An employer’s failure or refusal to comply with a final agency decision and order under this regulation may result in a contracting officer’s decision to disallow certain costs or terminate the contract for default. In the event of a contracting officer’s decision to disallow costs or terminate a contract for default, the contractor may file a claim under the disputes procedures of the contract. [FR Doc. 2019–16569 Filed 8–1–19; 8:45 am] BILLING CODE 6450–01–P PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 37763 CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC–2013–0019] 16 CFR Part 1227 Revisions to Safety Standard for Carriages and Strollers Consumer Product Safety Commission. ACTION: Direct final rule. AGENCY: In March 2014, the U.S. Consumer Product Safety Commission (CPSC) published a consumer product safety standard for carriages and strollers. The standard incorporated by reference the applicable ASTM voluntary standard. ASTM has since published two revisions to the voluntary standard for carriages and strollers. We are publishing this direct final rule revising the CPSC’s mandatory standard for carriages and strollers to incorporate, by reference, the most recent version of the applicable ASTM standard. DATES: The rule is effective on November 5, 2019, unless we receive significant adverse comment by September 3, 2019. If we receive timely significant adverse comments, we will publish notification in the Federal Register, withdrawing this direct final rule before its effective date. The incorporation by reference of the publication listed in this rule is approved by the Director of the Federal Register as of November 5, 2019. ADDRESSES: You may submit comments, identified by Docket No. CPSC–2013– 0019, 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 SUMMARY: E:\FR\FM\02AUR1.SGM 02AUR1 37764 Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations 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: www.regulations.gov, and insert the docket number, CPSC–2013–0019, into the ‘‘Search’’ box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814–4408; telephone: 301–504–6820; email: kwalker@ cpsc.gov. SUPPLEMENTARY INFORMATION: A. Background jbell on DSK3GLQ082PROD with RULES 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 VerDate Sep<11>2014 16:58 Aug 01, 2019 Jkt 247001 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 Carriage and Stroller Standard On March 10, 2014, the Commission published a final rule issuing a standard for carriages and strollers that incorporated by reference the standard in effect at that time, ASTM F833–13b, with a modification to address potential hazardous openings created by adjustable grab bar/tray and foot rest configurations. 79 FR 13208. The standard was codified in the Commission’s regulations at 16 CFR part 1227. The ASTM standard was revised in 2015, and the Commission incorporated by reference the revised standard, ASTM F833–15, without modification, as the mandatory standard for carriages and strollers on June 9, 2016. 81 FR 37128. On May 9, 2019, ASTM notified the Commission that it has revised ASTM’s standard for carriages and strollers; the current ASTM standard is ASTM F833–19. The CPSC reviewed the changes between the current CPSC standard, 16 CFR part 1227 and ASTM F833–19. B. Revisions to the ASTM Standard The ASTM standard for carriages and strollers establishes performance requirements, test methods, and labeling requirements to address hazards to children associated with carriages and strollers including stability, brakes, restraint systems, latches and folding mechanisms, structural integrity, cords, wheel detachments, and entrapment. There are several differences between 16 CFR part 1227 and the revised version of the standard, ASTM F833–19, Standard Consumer Safety Performance Specification for Carriages and Strollers, approved March 15, 2019. We summarize the differences and the CPSC’s assessment of the revisions below. Tray/Grab Bar Protective Covering. The 2019 version of the ASTM standard adds a new definition, performance requirement, test method, and warning for a ‘‘tray/grab bar protective covering’’ (Sections 3.1.25, 5.14, 7.19, 8.3.). A ‘‘tray/grab bar protective covering’’ is defined as a ‘‘component designed and intended as a means to prevent exposure of any underlying accessible foam material.’’ Carriages and strollers that have accessible foam trays/grab bars are required to have a protective covering that can withstand 15 lbf without exposing the underlying foam. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 If the covering is removable, the foam is required to have a warning that states: ‘‘WARNING Children can choke on foam. Only use with the cover installed.’’ CPSC staff’s review of these provisions shows that the additional language will help address incidents of children biting foam on stroller arm bars, which poses a choking hazard. CPSC issued two recalls related to this hazard in July 2015 1 and in January 2016.2 The revised language improves the safety of carriages and strollers because the addition of a physical barrier decreases the likelihood that a child will have access to foam on the tray/grab bar, which reduces their exposure to the choking hazard. Static Load Test. The 2019 version of the ASTM standard adds a note specifying that an unacceptable condition identified by the static load test methods includes a ‘‘failure to support the test weight’’ in addition to tip over, collapse of the product or a component of the product, sharp edges or points and small parts. (NOTE 5, referenced in Section 6.2.5). If a stroller fails to support the test weight during the static load test (Section 7.3), the stroller is considered to have failed the static load test. Previous versions of the voluntary standard did not state this explicitly as a failure mode. CPSC staff’s review shows that the revision improves the safety of carriages and strollers because a stroller that fails to support the test weight, may pose a hazard to a child occupant. Change in units for static load from lbf (N) to lb (kg). The 2019 version of the ASTM standard changes the units for the static load in Section 6.2.1 and Section 6.2.4 in the performance requirements, from force units, lbf (N), to mass units, lb (kg). The static load test method, which is not changed in the 2019 version of the standard, specifies that the static load is a mass placed on the product (Section 7.3). CPSC staff determines that the revised language accurately reflects the loading described in the test method, but does not change the test method. Accordingly, this change is neutral regarding safety. Change in ASTM standard language. The 2019 version of the ASTM standard adds language (Section 1.5), stating that ASTM developed the standard in accordance with principles recognized by the World Trade Organization. This change is neutral regarding safety. 1 See https://www.cpsc.gov/Recalls/2015/UPPA baby-Recalls-Strollers-and-RumbleSeats. 2 See https://www.cpsc.gov/Recalls/2016/BritaxRecalls-Strollers-and-Replacement-Top-Seats/. E:\FR\FM\02AUR1.SGM 02AUR1 Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES Correction to the unit conversion for the head probe. The 2019 version of the ASTM standard corrects an inaccurate conversion of 8 inches to millimeter (‘‘200 mm’’ to ‘‘203 mm’’) for the FIG. 10 Head Probe. The correction was also made to the Rationale for Fig. 10 in Section X1.3. CPSC staff’s review shows that this correction does not affect testing because there is no change to the test fixture. This change is neutral regarding safety. Editorial revisions. The 2019 version of the ASTM standard includes several non-substantive editorial changes that do not affect the safety of carriages and strollers, such as formatting, spacing, and spelling changes (i.e.,‘‘5th’’ to ‘‘5th’’,‘‘9N’’ to ‘‘9 N’’, ‘‘tray(s)or’’ to ‘‘tray(s) or’’ and ‘‘competed’’ to ‘‘completed’’). Assessment of the revisions to the ASTM standard. Under section 104 of the CPSIA, unless the Commission determines that ASTM’s revision ‘‘does not improve the safety of the consumer product covered by the standard,’’ ASTM F833–19 will become the new mandatory standard for carriages and strollers. As discussed above, based on the CPSC staff’s review, the Commission believes that certain revisions are neutral regarding safety. However, other revisions will improve the safety of standard, including the addition of a performance requirement for a tray/grab bar protective covering and the addition of a failure mode to static load tests. Therefore, the revised ASTM standard for carriages and strollers will become the new CPSC standard 180 days after the date the CPSC received notification of the revision from ASTM, November 5, 2019. This rule revises the incorporation by reference at 16 CFR part 1227, to reference the ASTM standard, ASTM F833–19. 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 F833–19 standard that the Commission incorporates by reference into 16 CFR part 1227. The standard is reasonably available to interested parties, and interested parties may VerDate Sep<11>2014 16:58 Aug 01, 2019 Jkt 247001 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 carriages and strollers 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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 37765 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 CPSIA, the Commission has previously published a notice of requirements (NOR) for accreditation of third party conformity assessment bodies for testing carriages and strollers (79 FR 13208 (March 10, 2014)). The NORs provided the criteria and process for our acceptance of accreditation of third party conformity assessment bodies for testing carriages and strollers to 16 CFR part 1227. The NORs are listed in the Commission’s rule, ‘‘Requirements Pertaining to Third Party Conformity Assessment Bodies.’’ 16 CFR part 1112. One of the revisions discussed above adds a test for protective coverings on accessible foam trays/grab bars. The test involves clamping the protective covering with a 3⁄4-inch diameter clamp, applying 15 lbf, and visually inspecting whether foam has been exposed. If the protective covering is removable, test labs will need to verify that the warning is present and meets the requirements in the standard. Test laboratories that test children’s products likely already own the 3⁄4-inch diameter clamp because it is used for testing in other standards, including ASTM F963 (Consumer Safety Specification for Toy Safety). The testing and visual inspection of tray/ grab bar covers would not significantly change how testing is conducted for carriages and strollers. In addition, a visual inspection is required to assess whether a stroller supports the test weight for static load tests. However, this is one of several conditions assessed by the static load test methods to ensure that no unacceptable conditions are identified. There is no change to the equipment or performance of the static load testing. Accordingly, this addition would not significantly change how these tests are conducted for carriages and strollers. The other revisions to the voluntary standard merely clarify the existing standard and will not change existing test methods. Based on CPSC staff’s review, the Commission concludes that revising the reference to ASTM F833–19 for the carriages and stroller standard will not necessitate any significant change in the way that third party conformity assessment bodies test these products for compliance to CPSC standards. Therefore, the Commission considers the existing accreditations that the Commission has accepted for testing to this standard also to cover testing to the revised standard. The E:\FR\FM\02AUR1.SGM 02AUR1 37766 Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES existing NOR for this standards 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 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 F833–19 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 VerDate Sep<11>2014 16:58 Aug 01, 2019 Jkt 247001 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 November 5, 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 standard for carriages and strollers contains information collection requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). The revisions made no changes to that section of the standard. Thus, the revisions 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 November 5, 2019. List of Subjects in 16 CFR Part 1227 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 1227—SAFETY STANDARD FOR CARRIAGES AND STROLLERS 1. The authority citation for part 1227 continues to read as follows: ■ Authority: The Consumer Product Safety Improvement Act of 2008, Pub. L. 110–314, E:\FR\FM\02AUR1.SGM 02AUR1 Federal Register / Vol. 84, No. 149 / Friday, August 2, 2019 / Rules and Regulations Sec. 104, 122 Stat. 3016 (August 14, 2008); Pub. L. 112–28, 125 Stat. 273 (August 12, 2011). ■ DATES: 2. Revise § 1227.2 to read as follows: § 1227.2 Requirements for carriages and strollers. Each carriage and stroller shall comply with all applicable provisions of ASTM F833–19, Standard Consumer Safety Performance Specification for Carriages and Strollers, 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 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. 2019–16524 Filed 8–1–19; 8:45 am] BILLING CODE 6355–01–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1750 Statement of Policy on Enforcement Discretion Regarding General Conformity Certificates for the Requirements of the Refrigerator Safety Act U.S. Consumer Product Safety Commission. ACTION: Statement of enforcement policy. AGENCY: The Consumer Product Safety Commission (CPSC) is issuing a Statement of Policy regarding the CPSC’s enforcement of the requirement for a general conformity assessment certificate regarding CPSC’s standard for household refrigerators. CPSC will not enforce the requirements to issue a general certificate of conformity for household refrigerators if the product displays an appropriate safety certification mark indicating compliance. jbell on DSK3GLQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:58 Aug 01, 2019 Jkt 247001 Effective August 2, 2019. Troy W. Whitfield, Lead Compliance Officer, the Office of Compliance and Field Operations, U.S. Consumer Product Safety Commission, 4330 East West Hwy., Bethesda, MD 20814; telephone: 301–504–7548; email: twhitfield@ cpsc.gov. SUPPLEMENTARY INFORMATION: The CPSC 1 is issuing a Statement of Policy regarding the CPSC’s enforcement of the requirement for a general conformity assessment certificate regarding CPSC’s standard for household refrigerators. FOR FURTHER INFORMATION CONTACT: A. Background 1. Refrigerator Safety Act and Implementing Regulation The Refrigerator Safety Act (RSA) was enacted on August 2, 1956 to prevent deaths of young children who could become trapped inside of a household refrigerator and suffocate. 15 U.S.C. 1211–14. When the RSA was enacted, household refrigerators were typically equipped with external latches that held the refrigerator door shut when not in use. To prevent accidental entrapment of children, the RSA requires household refrigerators to have a device that enables the household refrigerator door to be opened easily from the inside. The regulation implementing the RSA, 16 CFR part 1750, describes in detail the requirements and minimum releasing forces for household refrigerators. Part 1750 applies to household refrigerators manufactured and introduced into interstate commerce after October 30, 1958. The regulation requires devices to allow household refrigerators to be opened from the inside while the household refrigerator is in its normal operating position. This is accomplished by applying an outwardly directed force to the inside of the door, or by rotating a knob, similar to a conventional doorknob, that meets certain activation force requirements. The device must function automatically, and it must work whether or not the refrigerator has electrical power. Normal use of the product must not affect compliance with the anti-entrapment requirement. 2. Voluntary Standard for Refrigerators The current voluntary standard for refrigerator safety is Underwriters Laboratories Standard 60335–2–24 (UL 1 The Commission voted 3–2 to publish this notice in the Federal Register. Acting Chairman Anne Marie Buerkle and Commissioners Dana Baiocco and Peter A. Feldman voted to publish this notice. Commissioners Robert S. Adler and Elliot F. Kaye voted against publication of this notice. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 37767 60335–2–24), Household and Similar Electrical Appliances—Safety—Part 2– 24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers. UL 60335– 2–24 includes the entrapment protection requirements of 16 CFR part 1750 for household refrigerators sold in the United States. The 2017 Edition of the National Electrical Code® (NEC®) requires all appliances operating at 50 volts or more to be listed, which means that all refrigerators must certified to the requirements of UL 60335–2–24. Although compliance with the NEC® is not a federal requirement, the NEC® has been widely adopted by states and local jurisdictions.2 Because failure to comply with the NEC® would limit market share, due to restrictions on where the products could be installed, and because manufacturers would expose themselves to additional liability if their products do not meet the applicable voluntary standards, it is likely that all refrigerators have been certified for compliance with UL 60335–2–24. 3. Requirement for General Conformity Certificate Section 14(a)(1) of the Consumer Product Safety Act (CPSA), as amended by the Consumer Product Safety Improvement Act (CPSIA), requires that all manufacturers of consumer products ‘‘subject to a consumer product safety rule under this Act or similar rule, ban, standard, or regulation under any other Act enforced by the Commission’’ and that are imported or distributed in commerce, must issue a general certificate of conformity (GCC) certifying that ‘‘based on a test of each product or upon a reasonable testing program, that such product complies with all rules, bans, standards, or regulations applicable to the product.’’ 15 U.S.C. 2063(a)(1). 4. CPSC Request for Comments on Burden Reduction In 2017, CPSC published a Federal Register notice asking for suggestions from stakeholders on ways to reduce regulatory burdens.3 In response, the Association of Home Appliance Manufacturers (AHAM) requested that CPSC issue a statement of enforcement discretion indicating that CPSC would not enforce the requirements to issue a GCC for household refrigerators if the 2 https://www.nema.org/Technical/FieldReps/ Documents/Adoption%20of%20the%20 National%20Electrical%20Code%20by%20State %20or%20local%20jurisdiction.pdf. 3 https://www.federalregister.gov/documents/ 2018/03/01/2018-04129/commission-agenda-andpriorities-notice-of-hearing. E:\FR\FM\02AUR1.SGM 02AUR1

Agencies

[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Rules and Regulations]
[Pages 37763-37767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16524]


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CONSUMER PRODUCT SAFETY COMMISSION

[Docket No. CPSC-2013-0019]

16 CFR Part 1227


Revisions to Safety Standard for Carriages and Strollers

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In March 2014, the U.S. Consumer Product Safety Commission 
(CPSC) published a consumer product safety standard for carriages and 
strollers. The standard incorporated by reference the applicable ASTM 
voluntary standard. ASTM has since published two revisions to the 
voluntary standard for carriages and strollers. We are publishing this 
direct final rule revising the CPSC's mandatory standard for carriages 
and strollers to incorporate, by reference, the most recent version of 
the applicable ASTM standard.

DATES: The rule is effective on November 5, 2019, unless we receive 
significant adverse comment by September 3, 2019. If we receive timely 
significant adverse comments, we will publish notification in the 
Federal Register, withdrawing this direct final rule before its 
effective date. The incorporation by reference of the publication 
listed in this rule is approved by the Director of the Federal Register 
as of November 5, 2019.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2013-
0019, 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

[[Page 37764]]

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: www.regulations.gov, and insert the docket 
number, CPSC-2013-0019, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer, 
Office of Compliance and Field Operations, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, MD 20814-4408; telephone: 
301-504-6820; 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 Carriage and Stroller Standard

    On March 10, 2014, the Commission published a final rule issuing a 
standard for carriages and strollers that incorporated by reference the 
standard in effect at that time, ASTM F833-13b, with a modification to 
address potential hazardous openings created by adjustable grab bar/
tray and foot rest configurations. 79 FR 13208. The standard was 
codified in the Commission's regulations at 16 CFR part 1227. The ASTM 
standard was revised in 2015, and the Commission incorporated by 
reference the revised standard, ASTM F833-15, without modification, as 
the mandatory standard for carriages and strollers on June 9, 2016. 81 
FR 37128. On May 9, 2019, ASTM notified the Commission that it has 
revised ASTM's standard for carriages and strollers; the current ASTM 
standard is ASTM F833-19. The CPSC reviewed the changes between the 
current CPSC standard, 16 CFR part 1227 and ASTM F833-19.

B. Revisions to the ASTM Standard

    The ASTM standard for carriages and strollers establishes 
performance requirements, test methods, and labeling requirements to 
address hazards to children associated with carriages and strollers 
including stability, brakes, restraint systems, latches and folding 
mechanisms, structural integrity, cords, wheel detachments, and 
entrapment.
    There are several differences between 16 CFR part 1227 and the 
revised version of the standard, ASTM F833-19, Standard Consumer Safety 
Performance Specification for Carriages and Strollers, approved March 
15, 2019. We summarize the differences and the CPSC's assessment of the 
revisions below.
    Tray/Grab Bar Protective Covering. The 2019 version of the ASTM 
standard adds a new definition, performance requirement, test method, 
and warning for a ``tray/grab bar protective covering'' (Sections 
3.1.25, 5.14, 7.19, 8.3.). A ``tray/grab bar protective covering'' is 
defined as a ``component designed and intended as a means to prevent 
exposure of any underlying accessible foam material.'' Carriages and 
strollers that have accessible foam trays/grab bars are required to 
have a protective covering that can withstand 15 lbf without exposing 
the underlying foam. If the covering is removable, the foam is required 
to have a warning that states: ``WARNING Children can choke on foam. 
Only use with the cover installed.''
    CPSC staff's review of these provisions shows that the additional 
language will help address incidents of children biting foam on 
stroller arm bars, which poses a choking hazard. CPSC issued two 
recalls related to this hazard in July 2015 \1\ and in January 2016.\2\ 
The revised language improves the safety of carriages and strollers 
because the addition of a physical barrier decreases the likelihood 
that a child will have access to foam on the tray/grab bar, which 
reduces their exposure to the choking hazard.
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    \1\ See https://www.cpsc.gov/Recalls/2015/UPPAbaby-Recalls-Strollers-and-RumbleSeats.
    \2\ See https://www.cpsc.gov/Recalls/2016/Britax-Recalls-Strollers-and-Replacement-Top-Seats/.
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    Static Load Test. The 2019 version of the ASTM standard adds a note 
specifying that an unacceptable condition identified by the static load 
test methods includes a ``failure to support the test weight'' in 
addition to tip over, collapse of the product or a component of the 
product, sharp edges or points and small parts. (NOTE 5, referenced in 
Section 6.2.5). If a stroller fails to support the test weight during 
the static load test (Section 7.3), the stroller is considered to have 
failed the static load test. Previous versions of the voluntary 
standard did not state this explicitly as a failure mode. CPSC staff's 
review shows that the revision improves the safety of carriages and 
strollers because a stroller that fails to support the test weight, may 
pose a hazard to a child occupant.
    Change in units for static load from lbf (N) to lb (kg). The 2019 
version of the ASTM standard changes the units for the static load in 
Section 6.2.1 and Section 6.2.4 in the performance requirements, from 
force units, lbf (N), to mass units, lb (kg). The static load test 
method, which is not changed in the 2019 version of the standard, 
specifies that the static load is a mass placed on the product (Section 
7.3). CPSC staff determines that the revised language accurately 
reflects the loading described in the test method, but does not change 
the test method. Accordingly, this change is neutral regarding safety.
    Change in ASTM standard language. The 2019 version of the ASTM 
standard adds language (Section 1.5), stating that ASTM developed the 
standard in accordance with principles recognized by the World Trade 
Organization. This change is neutral regarding safety.

[[Page 37765]]

    Correction to the unit conversion for the head probe. The 2019 
version of the ASTM standard corrects an inaccurate conversion of 8 
inches to millimeter (``200 mm'' to ``203 mm'') for the FIG. 10 Head 
Probe. The correction was also made to the Rationale for Fig. 10 in 
Section X1.3. CPSC staff's review shows that this correction does not 
affect testing because there is no change to the test fixture. This 
change is neutral regarding safety.
    Editorial revisions. The 2019 version of the ASTM standard includes 
several non-substantive editorial changes that do not affect the safety 
of carriages and strollers, such as formatting, spacing, and spelling 
changes (i.e.,``5th'' to ``5th'',``9N'' to ``9 N'', 
``tray(s)or'' to ``tray(s) or'' and ``competed'' to ``completed'').
    Assessment of the revisions to the ASTM standard. Under section 104 
of the CPSIA, unless the Commission determines that ASTM's revision 
``does not improve the safety of the consumer product covered by the 
standard,'' ASTM F833-19 will become the new mandatory standard for 
carriages and strollers. As discussed above, based on the CPSC staff's 
review, the Commission believes that certain revisions are neutral 
regarding safety. However, other revisions will improve the safety of 
standard, including the addition of a performance requirement for a 
tray/grab bar protective covering and the addition of a failure mode to 
static load tests. Therefore, the revised ASTM standard for carriages 
and strollers will become the new CPSC standard 180 days after the date 
the CPSC received notification of the revision from ASTM, November 5, 
2019. This rule revises the incorporation by reference at 16 CFR part 
1227, to reference the ASTM standard, ASTM F833-19.

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 F833-19 standard 
that the Commission incorporates by reference into 16 CFR part 1227. 
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 carriages and strollers 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 CPSIA, the 
Commission has previously published a notice of requirements (NOR) for 
accreditation of third party conformity assessment bodies for testing 
carriages and strollers (79 FR 13208 (March 10, 2014)). The NORs 
provided the criteria and process for our acceptance of accreditation 
of third party conformity assessment bodies for testing carriages and 
strollers to 16 CFR part 1227. The NORs are listed in the Commission's 
rule, ``Requirements Pertaining to Third Party Conformity Assessment 
Bodies.'' 16 CFR part 1112.
    One of the revisions discussed above adds a test for protective 
coverings on accessible foam trays/grab bars. The test involves 
clamping the protective covering with a \3/4\-inch diameter clamp, 
applying 15 lbf, and visually inspecting whether foam has been exposed. 
If the protective covering is removable, test labs will need to verify 
that the warning is present and meets the requirements in the standard. 
Test laboratories that test children's products likely already own the 
\3/4\-inch diameter clamp because it is used for testing in other 
standards, including ASTM F963 (Consumer Safety Specification for Toy 
Safety). The testing and visual inspection of tray/grab bar covers 
would not significantly change how testing is conducted for carriages 
and strollers.
    In addition, a visual inspection is required to assess whether a 
stroller supports the test weight for static load tests. However, this 
is one of several conditions assessed by the static load test methods 
to ensure that no unacceptable conditions are identified. There is no 
change to the equipment or performance of the static load testing. 
Accordingly, this addition would not significantly change how these 
tests are conducted for carriages and strollers.
    The other revisions to the voluntary standard merely clarify the 
existing standard and will not change existing test methods. Based on 
CPSC staff's review, the Commission concludes that revising the 
reference to ASTM F833-19 for the carriages and stroller standard will 
not necessitate any significant change in the way that third party 
conformity assessment bodies test these products for compliance to CPSC 
standards. Therefore, the Commission considers the existing 
accreditations that the Commission has accepted for testing to this 
standard also to cover testing to the revised standard. The

[[Page 37766]]

existing NOR for this standards 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 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 F833-19 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 November 5, 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 standard for carriages and strollers contains information 
collection requirements under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3520). The revisions made no changes to that section of the 
standard. Thus, the revisions 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 November 5, 2019.

List of Subjects in 16 CFR Part 1227

    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 1227--SAFETY STANDARD FOR CARRIAGES AND STROLLERS

0
1. The authority citation for part 1227 continues to read as follows:

    Authority: The Consumer Product Safety Improvement Act of 2008, 
Pub. L. 110-314,

[[Page 37767]]

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

0
2. Revise Sec.  1227.2 to read as follows:


Sec.  1227.2   Requirements for carriages and strollers.

    Each carriage and stroller shall comply with all applicable 
provisions of ASTM F833-19, Standard Consumer Safety Performance 
Specification for Carriages and Strollers, 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 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. 2019-16524 Filed 8-1-19; 8:45 am]
 BILLING CODE 6355-01-P
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