Revisions to Safety Standard for Children's Folding Chairs and Stools, 18111-18114 [2020-06334]
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Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Rules and Regulations
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coming several weeks. The CDC’s advice
includes rescheduling elective and nonurgent admissions, and postponing
routine dental and eye care visits.
Additionally, the President and the
White House Coronavirus Task Force
have announced a program called ‘‘15
Days to Slow the Spread,’’ a nationwide
effort to slow the spread of COVID–19
in the United States through the
implementation of social distancing at
all levels of society.
Statement of Policy
It is not in the public interest at this
time to maintain the requirement of an
FAA medical examination, which is a
nonemergency medical service, in order
for pilots and flight engineers with
expiring medical certificates to obtain
new medical certificates. This is
because of the burden that COVID–19
places on the U.S. healthcare system,
and because these aviation medical
examinations increase the risk of
transmission of the virus through
personal contact between the physician
and the applicant for an airman medical
certificate.
Accordingly, as an exercise of the
FAA’s enforcement discretion, through
June 30, 2020, the FAA will not take
legal enforcement action against any
person serving as a required pilot flight
crewmember or flight engineer based on
noncompliance with medical certificate
duration standards when expiration of
the medical certificate occurs from
March 31, 2020, through June 30, 2020.
This discretionary accommodation does
not apply to pilots or flight engineers
who lacked an unexpired medical
certificate as of March 31, 2020. Also,
regardless of the date of expiration of a
medical certificate, this accommodation
does not commit to non-enforcement for
noncompliance with medical certificate
duration standards that occurs after June
30, 2020. This policy applies only to
holders of an FAA-issued medical
certificate serving as a required pilot
flight crewmember or flight engineer
within the United States. It does not
apply to holders of an FAA-issued
medical certificate serving as a required
pilot flight crewmember or flight
engineer outside the United States.
The FAA has determined that those
persons subject to this temporary
measure may operate beyond the
validity period of their medical
certificate during the effective period of
this accommodation without creating a
risk to aviation safety that is
unacceptable under the extraordinary
circumstances surrounding the COVID–
19 pandemic. The FAA will reevaluate
this decision as circumstances unfold,
to determine whether an extension or
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other action is needed to address this
pandemic-related challenge.
The relief provided in this
notification does not extend to the
requirements of 14 CFR 61.53 and 63.19
regarding prohibition on operations
during medical deficiency. These
prohibitions remain critical for all pilots
and flight engineers to observe,
especially given the policy of emergency
accommodation announced here and
the health threat of COVID–19.
Accordingly, the FAA emphasizes that
under 14 CFR 61.53, no person who
holds a medical certificate issued under
14 CFR part 67 may act as a required
pilot flight crewmember while that
person: (1) Knows or has reason to know
of any medical condition that would
make the person unable to meet the
requirements for the medical certificate
necessary for the pilot operation; or (2)
is taking medication or receiving other
treatment for a medical condition that
results in the person being unable to
meet the requirements for the medical
certificate necessary for the pilot
operation. Additionally, under 14 CFR
63.19, no person may serve as a flight
engineer during a period of known
physical deficiency, or increase in
physical deficiency, that would make
the flight engineer unable to meet the
physical requirements for an unexpired
medical certificate.
All required pilot flight crewmembers
and flight engineers are to comply with
all other applicable obligations under
the FAA’s regulations and other
applicable laws. This notification
creates no individual rights of action
and establishes no precedent for future
determinations.
Issued in Washington, DC, on March 26,
2020.
Naomi Tsuda,
Assistant Chief Counsel for Enforcement,
Federal Aviation Administration.
[FR Doc. 2020–06784 Filed 3–30–20; 8:45 am]
BILLING CODE 4410–09–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2015–0029]
16 CFR Part 1232
Revisions to Safety Standard for
Children’s Folding Chairs and Stools
Consumer Product Safety
Commission.
ACTION: Direct final rule.
AGENCY:
In December 2017, the U.S.
Consumer Product Safety Commission
(CPSC) issued a consumer product
SUMMARY:
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safety standard for children’s folding
chairs and stools. The standard
incorporated by reference the applicable
ASTM voluntary standard. We are
publishing this direct final rule revising
the CPSC’s mandatory standard for
children’s folding chairs and stools to
incorporate by reference the most recent
version of the applicable ASTM
standard.
DATES: This direct final rule is effective
on July 6, 2020, unless we receive
significant adverse comment by May 1,
2020. If we receive timely significant
adverse comments, we will publish a
document 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 July 6, 2020.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2015–
0029, 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 https://
www.regulations.gov. The CPSC
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal, as described above.
Mail/hand delivery/courier
Submissions: Submit comments by
mail/hand delivery/courier to: Division
of the Secretariat, Consumer Product
Safety Commission, Room 820, 4330
East-West Highway, Bethesda, MD
20814; telephone (301) 504–7479.
Instructions: All submissions received
must include the agency name and
docket number for this notice. 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 electronically confidential
business information, trade secret
information, or other sensitive or
protected information that you do not
want to be available to the public. If you
wish to submit such information please
submit it according to the instructions
for written submissions.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov, and insert the
docket number, CPSC–2015–0029, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT:
Keysha Walker, Compliance Officer,
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Federal Register / Vol. 85, No. 63 / Wednesday, April 1, 2020 / Rules and Regulations
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
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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 these standards 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 Children’s Folding Chair and
Stool Standard
On December 15, 2017, the
Commission published a final rule
issuing a mandatory standard for
children’s folding chairs and stools that
incorporated by reference the standard
in effect at that time, ASTM F2613–17a,
Standard Consumer Specification for
Children’s Chairs and Stools. 82 FR
59505. The ASTM standard for
children’s folding chairs and stools,
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ASTM F2613, Standard Consumer
Safety Specification for Children’s
Chairs and Stools, applies to children’s
folding chairs and stools with a seat
height of 15 inches or less, and
equipped with or without a rocking
base. These chairs are intended to be
used by a single child who can get in
and out of the product unassisted. The
standard was codified in the
Commission’s regulations at 16 CFR part
1232. Since publication of ASTM
F2613–17a, the current mandatory
standard, ASTM has published one
revision to ASTM F2613. ASTM F2613–
19 was approved and published in
November 2019. ASTM officially
notified the Commission of this revision
on January 6, 2020. The rule is
incorporating ASTM F2613–19 as the
mandatory standard.
B. Revisions to the ASTM Standard
Under section 104(b)(4)(B) of the
CPSIA, unless the Commission
determines that ASTM’s revision of a
voluntary standard that is a CPSC
mandatory standard ‘‘does not improve
the safety of the consumer product
covered by the standard,’’ the revised
voluntary standard becomes the new
mandatory standard. As discussed
below, the Commission determines that
the changes made in ASTM F2613–19
are neutral or improve the safety of
children’s folding chairs and stools.
Therefore, the Commission will allow
the revised voluntary standard to
become effective as a mandatory
consumer product safety standard under
the statute, effective July 6, 2020.
Differences Between 16 CFR Part 1232
and ASTM F2613–19
In November 2019, ASTM revised
ASTM F2613–17a. The resulting
standard, ASTM F2613–19, includes the
changes below:
Non-Substantive Changes
Several changes were minor and
editorial and do not affect the safety of
children’s folding chairs and stools.
Specifically, sections 5.7 and 5.8
removed duplicative language such as
‘‘when folded’’ and ‘‘when being
folded,’’ and clarified words to add
‘‘comply with’’ instead of ‘‘meet.’’ The
Latching and Locking Mechanisms
sections under section 5.8.1 were
restructured to improve clarity and
organization. All of these changes are
explanatory or editorial in nature and
non-substantive. The Commission finds
that all of the non-substantive changes
made in ASTM F2613–19 are neutral
regarding safety and do not affect the
safety of children’s folding chairs and
stools.
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Substantive Change
There is one substantive change in
ASTM F2613–19 concerning the
requirement that products without
latching or locking mechanisms have
adequate clearance to protect fingers,
hands and toes from crushing,
laceration or pinching hazards.
The original ASTM F2613–17a
sections 5.8.2 and 5.8.2.1 provided that
if products without latching or locking
mechanisms had an accessible gap at
the hinge line that could ‘‘admit a 3⁄16in. (5-mm) diameter rod, it shall also
admit a 1⁄2-in. (13-mm) diameter rod at
all positions of the hinge.’’ In other
words, products without locking or
latching mechanisms could have gaps at
the hinge line smaller than 3⁄16 inch or
larger than 1⁄2 inch, but could not have
gaps between 3⁄16 and 1⁄2 inch wide.
ASTM F2613–19 now simplifies this
requirement by requiring that all
products without latching and locking
mechanisms must have a hinge gap
greater than or equal to 1⁄2-inch. A
minimum 1⁄2 inch gap will require that
all hinge clearances must be large
enough to prevent injury should a child
insert their finger in the hinge gap.
Thus, section 5.8.2 now requires that
products without latching and locking
mechanisms ‘‘shall be constructed such
that a 1⁄2-in (13-mm) diameter rod can be
admitted at all positions between any
adjacent moving parts and between any
moving part and an adjacent stationary
part along the entire length of the
clearance. The entire length of the
clearance shall be assessed during
folding and unfolding of the product.’’
In section 6.2, Locking Test Method,
testing for the latching or locking
mechanism would apply a force of 10
lbf (45 N) to the latching or locking
mechanism in the direction tending to
release it. CPSC staff concludes that
ASTM F2613–19 section 5.8.2 is a
simpler requirement that enhances
safety compared to the original ASTM
F2613–17a. Instead of the original
ASTM F2613–17a standard which
allowed for hinge gaps less than or
equal to 3⁄16-inch and greater than or
equal to 1⁄2-inch, the new standard
simply prohibits hinge gaps less than a
1⁄2-inch. The Commission considers
these changes an improvement to safety.
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
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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 A of this preamble
summarizes the major provisions of the
ASTM F2613–19 standard that the
Commission incorporates by reference
into 16 CFR part 1232. 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. In
addition, once the rule becomes
effective, a read-only copy of the
standard will be available for viewing
on the ASTM website at https://
www.astm.org/READINGLIBRARY/. 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. 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, 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 children’s folding chairs and
stools 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 tracking label
requirement in section 14(a)(5) of the
CPSA, and the consumer registration
form requirements in section 104(d) of
the CPSIA.
E. Notice of Requirements
In accordance with section
14(a)(3)(B)(iv) of the CPSIA, the
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Commission has previously published a
notice of requirements (NOR) for
accreditation of third party conformity
assessment bodies for testing children’s
folding chairs and stools (82 FR 59505,
December 15, 2017). The NOR provided
the criteria and process for our
acceptance of accreditation of third
party conformity assessment bodies for
testing children’s folding chairs and
stools to 16 CFR part 1232. The NORs
for all mandatory standards for durable
infant or toddler products are listed in
the Commission’s rule, ‘‘Requirements
Pertaining to Third Party Conformity
Assessment Bodies,’’ codified at 16 CFR
part 1112.
The section 5.8.2 revision in ASTM
F2613–19 simplifies the minimum
hinge gap size to 1⁄2-in. for all positions
in a product without latching and
locking mechanisms. This reduces the
number of probes required to test
compliance to the standard. Testing
laboratories that are currently CPSCaccepted, have demonstrated
competence for testing in accordance
with ASTM F2613–17a, and will have
the competence to conduct the testing to
the new standard under the revised
standard ASTM F2613–19. Therefore,
the Commission considers the existing
CPSC-accepted laboratories for testing to
ASTM F2613–17a to be capable of
testing to ASTM F2613–19 as well.
Accordingly, the existing NOR for this
standard will remain in place, and
CPSC-accepted third party conformity
assessment bodies are expected in the
normal course of renewing their
accreditation to update the scope of the
testing laboratories’ accreditation to
reflect the revised standard.
F. 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 are 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
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18113
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 F2613–19 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 (CFR) so that it reflects
accurately the version of the standard
that takes effect by statute. The rule
updates the reference in the CFR, but
under the terms of the CPSIA, ASTM
F2613–19 takes effect as the new CPSC
standard for children’s folding chairs
and stools, even if the Commission did
not issue this rule. Thus, 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 are not necessary. In
Recommendation 95–4, the
Administrative Conference of the
United States (ACUS) endorsed direct
final rulemaking as an appropriate
procedure to expedite promulgating
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 July 6,
2020. 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. As noted, this rule merely
updates a reference in the CFR to reflect
a change that occurs by statute.
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
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proposed rulemaking, providing an
opportunity for public comment.
will preempt in accordance with section
26(a) of the CPSA.
G. Regulatory Flexibility Act
K. Effective Date
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, the
Commission has determined that notice
and comment are not necessary for this
direct final rule. Thus, the RFA does not
apply. We also note the limited nature
of this document, which merely updates
the incorporation by reference to reflect
the mandatory CPSC standard that takes
effect under section 104 of the CPSIA.
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
statutory effective date of 180 days falls
on July 4, 2020, a legal holiday and a
weekend. Therefore, the Commission is
setting the effective date of the rule on
the next business day, July, 6, 2020. 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
July 6, 2020.
H. Paperwork Reduction Act
The standard for children’s folding
chairs and stools contains informationcollection 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 have
no effect on the information-collection
requirements related to the standard.
I. 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 where
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.
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J. 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 deems rules issued there under
‘‘consumer product safety rules.’’
Therefore, once a rule issued under
section 104 of the CPSIA takes effect, it
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L. 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, this rule
does not qualify as a ‘‘major rule,’’ as
defined in 5 U.S.C. 804(2). 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.
List of Subjects in 16 CFR Part 1232
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 1232—SAFETY STANDARD FOR
CHILDREN’S FOLDING CHAIRS AND
STOOLS
1. Revise the authority citation for part
1232 to read as follows:
■
Authority: Sec. 104, Pub. L. 110–314, 122
Stat. 3016 (15 U.S.C. 2056a); Sec 3, Pub. L.
112–28, 125 Stat. 273.
■
2. Revise § 1232.2 to read as follows:
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§ 1232.2 Requirements for children’s
folding chairs and stools.
Each children’s folding chair and
stool shall comply with all applicable
provisions of ASTM F2613–19,
Standard Consumer Safety
Specification for Children’s Chairs and
Stools, approved on November 1, 2019.
The Director of the Federal Register
approves this incorporation by reference
in accordance with 5 U.S.C. 552(a) and
1 CFR part 51. You may obtain a copy
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. A read-only copy
of the standard is available for viewing
on the ASTM website at https://
www.astm.org/READINGLIBRARY/. 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, email fedreg.legal@
nara.gov, or go to: www.archives.gov/
federal-register/cfr/ibr-locations.html.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2020–06334 Filed 3–31–20; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 500, 510, 520, 522, 524,
526, 556, and 558
[Docket No. FDA–2019–N–0002]
New Animal Drugs; Approval of New
Animal Drug Applications; Withdrawal
of Approval of New Animal Drug
Applications; Change of Sponsor;
Change of Sponsors’ Name and
Addresses
AGENCY:
Food and Drug Administration,
HHS.
Final rule; technical
amendments.
ACTION:
The Food and Drug
Administration (FDA or we) is
amending the animal drug regulations to
reflect application-related actions for
new animal drug applications (NADAs)
and abbreviated new animal drug
applications (ANADAs) during October,
November, and December 2019. FDA is
informing the public of the availability
SUMMARY:
E:\FR\FM\01APR1.SGM
01APR1
Agencies
[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Rules and Regulations]
[Pages 18111-18114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06334]
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CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2015-0029]
16 CFR Part 1232
Revisions to Safety Standard for Children's Folding Chairs and
Stools
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In December 2017, the U.S. Consumer Product Safety Commission
(CPSC) issued a consumer product safety standard for children's folding
chairs and stools. The standard incorporated by reference the
applicable ASTM voluntary standard. We are publishing this direct final
rule revising the CPSC's mandatory standard for children's folding
chairs and stools to incorporate by reference the most recent version
of the applicable ASTM standard.
DATES: This direct final rule is effective on July 6, 2020, unless we
receive significant adverse comment by May 1, 2020. If we receive
timely significant adverse comments, we will publish a document 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 July 6, 2020.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2015-
0029, 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 https://www.regulations.gov. The CPSC encourages you to submit electronic
comments by using the Federal eRulemaking Portal, as described above.
Mail/hand delivery/courier Submissions: Submit comments by mail/
hand delivery/courier to: Division of the Secretariat, Consumer Product
Safety Commission, Room 820, 4330 East-West Highway, Bethesda, MD
20814; telephone (301) 504-7479.
Instructions: All submissions received must include the agency name
and docket number for this notice. 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 electronically confidential business
information, trade secret information, or other sensitive or protected
information that you do not want to be available to the public. If you
wish to submit such information please submit it according to the
instructions for written submissions.
Docket: For access to the docket to read background documents or
comments received, go to: https://www.regulations.gov, and insert the
docket number, CPSC-2015-0029, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer,
[[Page 18112]]
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 these standards 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 Children's Folding Chair and Stool Standard
On December 15, 2017, the Commission published a final rule issuing
a mandatory standard for children's folding chairs and stools that
incorporated by reference the standard in effect at that time, ASTM
F2613-17a, Standard Consumer Specification for Children's Chairs and
Stools. 82 FR 59505. The ASTM standard for children's folding chairs
and stools, ASTM F2613, Standard Consumer Safety Specification for
Children's Chairs and Stools, applies to children's folding chairs and
stools with a seat height of 15 inches or less, and equipped with or
without a rocking base. These chairs are intended to be used by a
single child who can get in and out of the product unassisted. The
standard was codified in the Commission's regulations at 16 CFR part
1232. Since publication of ASTM F2613-17a, the current mandatory
standard, ASTM has published one revision to ASTM F2613. ASTM F2613-19
was approved and published in November 2019. ASTM officially notified
the Commission of this revision on January 6, 2020. The rule is
incorporating ASTM F2613-19 as the mandatory standard.
B. Revisions to the ASTM Standard
Under section 104(b)(4)(B) of the CPSIA, unless the Commission
determines that ASTM's revision of a voluntary standard that is a CPSC
mandatory standard ``does not improve the safety of the consumer
product covered by the standard,'' the revised voluntary standard
becomes the new mandatory standard. As discussed below, the Commission
determines that the changes made in ASTM F2613-19 are neutral or
improve the safety of children's folding chairs and stools. Therefore,
the Commission will allow the revised voluntary standard to become
effective as a mandatory consumer product safety standard under the
statute, effective July 6, 2020.
Differences Between 16 CFR Part 1232 and ASTM F2613-19
In November 2019, ASTM revised ASTM F2613-17a. The resulting
standard, ASTM F2613-19, includes the changes below:
Non-Substantive Changes
Several changes were minor and editorial and do not affect the
safety of children's folding chairs and stools. Specifically, sections
5.7 and 5.8 removed duplicative language such as ``when folded'' and
``when being folded,'' and clarified words to add ``comply with''
instead of ``meet.'' The Latching and Locking Mechanisms sections under
section 5.8.1 were restructured to improve clarity and organization.
All of these changes are explanatory or editorial in nature and non-
substantive. The Commission finds that all of the non-substantive
changes made in ASTM F2613-19 are neutral regarding safety and do not
affect the safety of children's folding chairs and stools.
Substantive Change
There is one substantive change in ASTM F2613-19 concerning the
requirement that products without latching or locking mechanisms have
adequate clearance to protect fingers, hands and toes from crushing,
laceration or pinching hazards.
The original ASTM F2613-17a sections 5.8.2 and 5.8.2.1 provided
that if products without latching or locking mechanisms had an
accessible gap at the hinge line that could ``admit a \3/16\-in. (5-mm)
diameter rod, it shall also admit a \1/2\-in. (13-mm) diameter rod at
all positions of the hinge.'' In other words, products without locking
or latching mechanisms could have gaps at the hinge line smaller than
\3/16\ inch or larger than \1/2\ inch, but could not have gaps between
\3/16\ and \1/2\ inch wide.
ASTM F2613-19 now simplifies this requirement by requiring that all
products without latching and locking mechanisms must have a hinge gap
greater than or equal to \1/2\-inch. A minimum \1/2\ inch gap will
require that all hinge clearances must be large enough to prevent
injury should a child insert their finger in the hinge gap. Thus,
section 5.8.2 now requires that products without latching and locking
mechanisms ``shall be constructed such that a \1/2\-in (13-mm) diameter
rod can be admitted at all positions between any adjacent moving parts
and between any moving part and an adjacent stationary part along the
entire length of the clearance. The entire length of the clearance
shall be assessed during folding and unfolding of the product.'' In
section 6.2, Locking Test Method, testing for the latching or locking
mechanism would apply a force of 10 lbf (45 N) to the latching or
locking mechanism in the direction tending to release it. CPSC staff
concludes that ASTM F2613-19 section 5.8.2 is a simpler requirement
that enhances safety compared to the original ASTM F2613-17a. Instead
of the original ASTM F2613-17a standard which allowed for hinge gaps
less than or equal to \3/16\-inch and greater than or equal to \1/2\-
inch, the new standard simply prohibits hinge gaps less than a \1/2\-
inch. The Commission considers these changes an improvement to safety.
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
[[Page 18113]]
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 A of this
preamble summarizes the major provisions of the ASTM F2613-19 standard
that the Commission incorporates by reference into 16 CFR part 1232.
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. In addition, once
the rule becomes effective, a read-only copy of the standard will be
available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/. 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. 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, 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 children's folding chairs and stools 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 tracking label requirement in section 14(a)(5) of the
CPSA, and the consumer registration form requirements in section 104(d)
of the CPSIA.
E. 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
children's folding chairs and stools (82 FR 59505, December 15, 2017).
The NOR provided the criteria and process for our acceptance of
accreditation of third party conformity assessment bodies for testing
children's folding chairs and stools to 16 CFR part 1232. The NORs for
all mandatory standards for durable infant or toddler products are
listed in the Commission's rule, ``Requirements Pertaining to Third
Party Conformity Assessment Bodies,'' codified at 16 CFR part 1112.
The section 5.8.2 revision in ASTM F2613-19 simplifies the minimum
hinge gap size to \1/2\-in. for all positions in a product without
latching and locking mechanisms. This reduces the number of probes
required to test compliance to the standard. Testing laboratories that
are currently CPSC-accepted, have demonstrated competence for testing
in accordance with ASTM F2613-17a, and will have the competence to
conduct the testing to the new standard under the revised standard ASTM
F2613-19. Therefore, the Commission considers the existing CPSC-
accepted laboratories for testing to ASTM F2613-17a to be capable of
testing to ASTM F2613-19 as well. Accordingly, the existing NOR for
this standard will remain in place, and CPSC-accepted third party
conformity assessment bodies are expected in the normal course of
renewing their accreditation to update the scope of the testing
laboratories' accreditation to reflect the revised standard.
F. 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 are 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 F2613-19 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 (CFR) so that it reflects accurately
the version of the standard that takes effect by statute. The rule
updates the reference in the CFR, but under the terms of the CPSIA,
ASTM F2613-19 takes effect as the new CPSC standard for children's
folding chairs and stools, even if the Commission did not issue this
rule. Thus, 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 are not necessary. In Recommendation
95-4, the Administrative Conference of the United States (ACUS)
endorsed direct final rulemaking as an appropriate procedure to
expedite promulgating 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 July 6, 2020. 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. As noted, this rule merely updates a
reference in the CFR to reflect a change that occurs by statute.
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
[[Page 18114]]
proposed rulemaking, providing an opportunity for public comment.
G. 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, the Commission has determined
that notice and comment are not necessary for this direct final rule.
Thus, the RFA does not apply. We also note the limited nature of this
document, which merely updates the incorporation by reference to
reflect the mandatory CPSC standard that takes effect under section 104
of the CPSIA.
H. Paperwork Reduction Act
The standard for children's folding chairs and stools 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 have no effect on the
information-collection requirements related to the standard.
I. 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 where 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.
J. 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
deems rules issued there under ``consumer product safety rules.''
Therefore, once a rule issued under section 104 of the CPSIA takes
effect, it will preempt in accordance with section 26(a) of the CPSA.
K. 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 statutory effective date of 180 days falls on July 4,
2020, a legal holiday and a weekend. Therefore, the Commission is
setting the effective date of the rule on the next business day, July,
6, 2020. 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 July 6, 2020.
L. 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, this rule
does not qualify as a ``major rule,'' as defined in 5 U.S.C. 804(2). 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.
List of Subjects in 16 CFR Part 1232
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 1232--SAFETY STANDARD FOR CHILDREN'S FOLDING CHAIRS AND STOOLS
0
1. Revise the authority citation for part 1232 to read as follows:
Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (15 U.S.C.
2056a); Sec 3, Pub. L. 112-28, 125 Stat. 273.
0
2. Revise Sec. 1232.2 to read as follows:
Sec. 1232.2 Requirements for children's folding chairs and stools.
Each children's folding chair and stool shall comply with all
applicable provisions of ASTM F2613-19, Standard Consumer Safety
Specification for Children's Chairs and Stools, approved on November 1,
2019. The Director of the Federal Register approves this incorporation
by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You
may obtain a copy 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. A read-only copy of the standard is
available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/. 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, email
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2020-06334 Filed 3-31-20; 8:45 am]
BILLING CODE 6355-01-P