Revisions to Safety Standard for Sling Carriers, 21766-21770 [2020-07522]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Rules and Regulations]
[Pages 21766-21770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07522]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1228

[Docket No. CPSC-2014-0018]


Revisions to Safety Standard for Sling Carriers

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In January 2017, the U.S. Consumer Product Safety Commission 
(CPSC) published a consumer product safety standard for sling carriers 
under section 104 of the Consumer Product Safety Improvement Act of 
2008 (CPSIA). The standard incorporated by reference the ASTM voluntary 
standard that was in effect for sling carriers at the time, with an 
additional requirement for warning label attachment. ASTM has since 
revised the voluntary standard for sling carriers. The CPSIA provides a 
process for when a voluntary standards organization updates a standard 
that the Commission incorporated by reference in a section 104 rule. 
Consistent with that process, this direct final rule revises the 
mandatory standard for sling carriers to incorporate by reference the 
updated version of the ASTM standard, while retaining the additional 
requirement for warning label attachment.

DATES: The rule is effective on July 6, 2020, unless CPSC receives a 
significant adverse comment by May 20, 2020. If CPSC receives such a 
comment, it 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-2014-
0018, 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 Written 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) 504-7923.
    Instructions: All submissions must include the agency name and 
docket number for this document. CPSC may post all comments 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-2014-0018, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814; telephone (301) 504-6820; email: [email protected].

SUPPLEMENTARY INFORMATION: 

A. Background and Statutory Authority

    Section 104 of the CPSIA requires the Commission to assess the 
effectiveness of voluntary standards for durable infant or toddler 
products and adopt mandatory standards for these products. 15 U.S.C. 
2056a(b)(1). The mandatory standard must be ``substantially the same 
as'' the voluntary standard, or may be ``more stringent than'' the 
voluntary standard, if the Commission determines that more stringent 
requirements would further reduce the risk of injury associated with 
the product. Id.
    Under this authority, the Commission adopted a mandatory rule for 
sling carriers in 16 CFR part 1228. The rule incorporated by reference 
ASTM F2907-15, Standard Consumer Safety Specification for Sling 
Carriers, into 16 CFR 1228.2(a), with an additional requirement for 
warning label attachment in Sec.  1228.2(b). 82 FR 8671 (Jan. 30, 
2017). At the time the

[[Page 21767]]

Commission published the final rule, ASTM F2907-15 was the current 
version of the voluntary standard. ASTM has since revised the voluntary 
standard, adopting ASTM F2907-19.\1\
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    \1\ ASTM approved ASTM F2907-19 on November 1, 2019, and 
published it in November 2019.
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    The CPSIA specifies the process for when a voluntary standards 
organization revises a standard that the Commission incorporated by 
reference in a section 104 rule. First, the voluntary standards 
organization must notify the Commission of the revision. Once the 
Commission receives this notification, the statute provides that the 
revised voluntary standard is considered a consumer product safety 
standard issued under section 9 of the Consumer Product Safety Act (15 
U.S.C. 2058), effective 180 days after the Commission received 
notification of the revision (or a later date specified by the 
Commission in the Federal Register). The Commission can prevent this by 
notifying the organization, within 90 days of receiving notice of the 
revision, that it has determined that the proposed revision does not 
improve the safety of the consumer product and that it is retaining the 
existing consumer product safety standard. 15 U.S.C. 2056a(b)(4)(B).
    On January 8, 2020, the Commission received notification from ASTM 
that it had updated the sling carrier standard. As this preamble 
discusses, the revised standard includes revised requirements for test 
methods, labeling, and instructional literature, which improve the 
safety of sling carriers. Accordingly, the Commission is not 
determining that ``the proposed revision does not improve the safety of 
the consumer product.'' Therefore, under the CPSIA, ASTM F2907-19 will 
replace ASTM F2907-15 in paragraph (a) of the mandatory standard for 
sling carriers, effective July 6, 2020, 180 days after CPSC received 
ASTM's notice.

B. Revised Standard

1. Revisions to ASTM F2907

    The ASTM standard for sling carriers includes performance 
requirements and test methods, as well as requirements for warning 
labels and instructional literature, to address hazards to children 
associated with sling carriers.
    ASTM F2907-19 includes revised requirements for test methods, 
labeling, and instructional literature to address two considerations in 
the way sling carriers are marketed and used. These considerations are: 
(1) The use of sling carriers for two occupants (rather than one), and 
(2) sling carriers that are marketed to carry more than the existing 
test weight of 35 pounds. ASTM F2907-19 also includes several revisions 
to clarify existing requirements, as well as editorial revisions that 
do not alter the substantive requirements or affect safety.
    As described below, the revisions in ASTM F2907-19 more closely 
reflect the conditions for which some sling carriers are marketed and 
used. Under these revised requirements, sling carriers must undergo 
testing that simulates the conditions under which they are marketed to 
be used and are actually used. Because testing sling carriers under 
their actual use conditions more accurately assesses their durability, 
the Commission concludes that the revised standard improves the safety 
of sling carriers. Because the Commission declines to determine that 
the revision ``does not improve the safety'' of sling carriers, the 
revised ASTM standard will replace F2907-15 in paragraph (a) of Sec.  
1228.2. The sections below discuss the revised portions of the ASTM 
standard, as well as CPSC staff's assessment of those revisions.

a. Sling Carriers for Two Occupants

    ASTM F2907-15 only addresses sling carriers designed to carry one 
occupant. The scope of the standard, the test procedures, and the 
instructional requirements all reflect this.\2\ However, there are 
sling carriers designed for two occupants, and consumers sometimes use 
sling carriers for two occupants, especially twins. ASTM F2907-19 
modifies the scope, testing, labeling, and instructional literature 
requirements to address slings designed to contain up to two occupants. 
The following revisions in ASTM F2907-19 reflect these changes:
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    \2\ The scope of the standard (section 1) uses the singular 
(e.g., ``an occupant,'' ``a child'') to refer to occupants of a 
sling carrier. The test procedures (section 7), require testing with 
a 35-pound weight, consistent with the weight of a single child 
occupant, referenced in the scope (section 1). Instructional 
literature requirements (section 9) require instructional literature 
to address the following: ``Never place more than one baby in the 
sling carrier.''
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     In section 1.3, the scope covers sling carriers designed 
to contain up to two occupants;
     section 6.2 requires each restraint system to be tested, 
accounting for the possibility of more than one restraint system;
     section 7.1.5 requires two-occupant slings to be tested 
with weight in both support areas concurrently;
     In addition to the dynamic load requirements for single-
occupant products in section 7.2.2, there are dynamic load requirements 
for two-occupant products in section 7.2.3;
     in addition to the occupant-retention test requirements 
for single-occupant products in section 7.5.2, there are occupant-
retention test requirements for two-occupant products in section 7.5.3;
     section 8.1.4 requires labels to state the recommended 
child weight for each support area, accounting for the possibility of 
more than one occupant;
     section 8.3.4 requires pictograms of improper and proper 
infant positioning to include one or two occupants, depending on the 
product design; and
     the instructional literature requirements in section 9.3.9 
retain the required language: ``never place more than one baby in the 
sling carrier'' for single-occupant sling carriers, but provide a 
modified statement for two-occupant sling carriers.
    CPSC staff believes that these revisions improve the safety of 
sling carriers because they require sling carriers to be tested under 
the conditions for which they are marketed and used. Under ASTM F2907-
15, two-occupant sling carriers would potentially fall outside the 
scope of the standard, or would be subject to test requirements that 
reflect the weight or presence of a single occupant only, which is less 
than the load they would bear during actual use. ASTM F2907-19 requires 
sling carriers that are marketed for two occupants to undergo the same 
testing as single-occupant products, but with the added conditions 
associated with two occupants.
    Although staff is not aware of any incidents that involve multiple 
occupants in a single sling carrier,\3\ staff believes that the revised 
standard provides better safety than excluding two-occupant slings from 
the standard or testing them under the conditions associated with a 
single occupant.
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    \3\ Although CPSC is not aware of any incidents that involve 
multiple occupants in a single sling carrier, staff identified one 
fatality associated with simultaneous use of two sling carriers. 
Although this is not directly relevant to two-occupant slings, we 
note this incident because of its marginal relevance to the use of 
sling carriers with more than one child. Both of the sling carriers 
involved in that incident have been recalled because of hazards 
associated with single-occupant use; so staff cannot conclude that 
the use of multiple slings was a factor in the incident. Moreover, 
the standard does not support simultaneous use of multiple sling 
carriers, because both ASTM F2907-15 and -19 require instructional 
literature to state: ``Never use/wear more than one carrier at a 
time.''
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b. Sling Carriers with Recommended Maximum Weights Above 35 Pounds

    ASTM F2907-15 uses 35-pound weights/masses in its test procedures, 
consistent with the typical maximum

[[Page 21768]]

weight of an occupant stated in the scope section. However, some 
manufacturers market sling carriers with a maximum weight above 35 
pounds, to allow for a larger occupant or multiple occupants. ASTM 
F2907-19 addresses this by requiring test weights to be the greater of 
35 pounds, or the manufacturer's recommended maximum occupant weight. 
The following revisions in ASTM F2907-19 reflect these changes:
     In section 1.3, the scope notes that, although the typical 
maximum weight of an occupant is 35 pounds, manufacturers may provide a 
higher weight limit;
     for the dynamic load test, the test mass/weight in section 
7.2.2 is the greater of 35 pounds, or the manufacturer's recommended 
maximum weight; and
     for the occupant-retention test, the test mass stated in 
section 7.5.1.3 is the greater of 35 pounds, or the manufacturer's 
recommended maximum weight.
    CPSC staff believes that these revisions improve the safety of 
sling carriers, because they require sling carriers to be tested under 
the conditions for which they are marketed and used. ASTM F2907-19 
requires sling carriers that are marketed to carry more than 35 pounds 
to be tested with the marketed maximum weight. This provides better 
safety than testing sling carriers with 35-pound weights when they are 
marketed as supporting more than that.

c. Clarifications

    ASTM F2907-19 also includes several modifications to clarify, 
simplify, and add detail to existing testing requirements. These 
revisions do not alter the substantive requirements in the standard.
    The first clarification is in section 7.1, which includes the 
static load testing requirements. Section 6.1.1 of both ASTM F2907-15 
and ASTM F2907-19 state that after static load testing, ``adjustable 
attachment systems of the sling carrier shall not slip more than 1 in. 
(25.44 mm) per element.'' Section 7.1 in both versions of the standard 
describe the static load test procedure. However, a clarification in 
ASTM F2907-19 directs testers to mark the sling at the beginning and 
end of the testing to measure slippage.
    The second clarification is in section 7.2, which includes the 
dynamic load testing requirements. In ASTM F2907-15, this section 
(7.2.3) provides a calculation for determining the number of cycles of 
testing. In ASTM F2907-19, the number of cycles is provided in a table 
(Table 1). The calculation in ASTM F2907-15 yields the numbers in the 
table; the revision simply eliminates the need for calculations. A 
footnote to the table also provides details about how to determine the 
number of carrying positions, which is the basis for the calculation 
and table. This table also replaces the same calculation previously 
used in section 7.5, on occupant retention testing.

d. Editorial Revisions

    ASTM F2907-19 also includes editorial revisions that do not affect 
the substantive requirements in the standard. The following revisions 
in ASTM F2907-19 reflect these changes:
     Section 1.8 adds environmental practices to the previous 
list of safety and health practices that users should consider;
     section 1.9 explains that ASTM developed the standard in 
accordance with principles recognized by the World Trade Organization;
     the term ``manufacturer's recommended carrying position'' 
replaces various terms that referred to the carrying position, for 
standardization;
     the term ``manufacturer's recommended maximum weight'' 
replaces ``manufacturer's maximum recommended weight''; and
     units are in forms consistent with ASTM Form and Style 
(e.g., ``1 in. to 2 in.'' replaces ``1 to 2 in.'').
2. More Stringent Requirement for Label Attachment
    The current mandatory standard incorporates by reference ASTM 
F2907-15, but includes an additional requirement for label attachment. 
Specifically, 16 CFR 1228.2(b) requires that ``warning labels that are 
attached to the fabric with seams shall remain in contact with the 
fabric around the entire perimeter of the label, when the sling is in 
all manufacturer recommended use positions.'' The Commission added this 
requirement to address comments expressing concerns that consumers 
would accidentally or intentionally remove or damage, or otherwise 
alter, ``free-hanging'' labels that are attached to a product at only 
one end of the label. The Commission explained that removing or 
altering these labels ``would eliminate the potential safety benefit of 
the label,'' and accordingly, adopted the additional attachment 
requirement. 82 FR 8671, 8679 (Jan. 30, 2017).
    ASTM F2907-19 does not include this additional requirement. CPSC 
staff believes that this requirement remains appropriate. Therefore, 
the Commission is retaining this additional requirement in 16 CFR 
1228.2(b).

C. Incorporation by Reference

    Section 1228.2(a) of the direct final rule incorporates by 
reference ASTM F2907-19. The Office of the Federal Register (OFR) has 
regulations regarding incorporation by reference. 1 CFR part 51. Under 
these regulations, agencies must discuss, in the preamble to a final 
rule, ways in which the material the agency incorporates by reference 
is reasonably available to interested parties, and how interested 
parties can obtain the material. In addition, the preamble to the final 
rule must summarize the material. 1 CFR 51.5(b).
    In accordance with the OFR regulations, B. Revised Standard of this 
preamble summarizes the major provisions of ASTM F2907-19 that the 
Commission incorporates by reference into 16 CFR part 1228. The 
standard is reasonably available to interested parties and interested 
parties may purchase a copy of ASTM F2907-19 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. 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/.

D. Certification

    Section 14(a) of the Consumer Product Safety Act (CPSA; 15 U.S.C. 
2051-2089) requires manufacturers of 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, 
to certify that the products comply 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 CPSC 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 sling carriers are children's products, a CPSC-accepted 
third party

[[Page 21769]]

conformity assessment body must test samples of the products. These 
products also must comply with all other applicable CPSC requirements, 
such as the lead content requirements in section 101 of the CPSIA,\4\ 
the phthalates prohibitions in section 108 of the CPSIA,\5\ the 
tracking label requirements in section 14(a)(5) of the CPSA,\6\ and the 
consumer registration form requirements in section 104(d) of the 
CPSIA.\7\
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    \4\ 15 U.S.C. 1278a.
    \5\ 15 U.S.C. 2057c.
    \6\ 15 U.S.C. 2063(a)(5).
    \7\ 15 U.S.C. 2056a(d).
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E. Notice of Requirements

    In accordance with section 14(a)(3)(B)(iv) of the CPSIA, the 
Commission previously published a notice of requirements (NOR) for 
accreditation of third party conformity assessment bodies for testing 
sling carriers. 82 FR 8671 (Jan. 30, 2017). The NOR provided the 
criteria and process for CPSC to accept accreditation of third party 
conformity assessment bodies for testing sling carriers to 16 CFR part 
1228. 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'' in 16 CFR part 
1112.
    Under the revised provisions in ASTM F2907-19, testing of affected 
products involves increased test weights and testing of more occupant 
positions. However, the test methodologies remain the same. 
Accordingly, the revisions do not significantly change the way that 
third party conformity assessment bodies test these products for 
compliance with the sling carriers standard. Laboratories will begin 
testing to the new standard when ASTM F2907-19 goes into effect, and 
the existing accreditations that the Commission has accepted for 
testing to this standard will cover testing to the revised standard. 
Therefore, the Commission considers the existing CPSC-accepted 
laboratories for testing to ASTM F2907-15 to be capable of testing to 
ASTM F2907-19 as well. Accordingly, the existing NOR for this standard 
will remain in place, and CPSC-accepted third party conformity 
assessment bodies are expected to update the scope of the testing 
laboratories' accreditations to reflect the revised standard in the 
normal course of renewing their accreditations.

F. Direct Final Rule Process

    The Commission is issuing this rule as a direct final rule. 
Although the Administrative Procedure Act (APA; 5 U.S.C. 551-559) 
generally requires agencies to provide notice of a rule and an 
opportunity for interested parties to comment on it, section 553 of the 
APA provides an exception when the agency, ``for good cause finds,'' 
that notice and comment are ``impracticable, unnecessary, or contrary 
to the public interest.'' Id. 553(b)(B).
    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 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 F2907-19 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 F2907-19 takes effect as the new CPSC standard for sling carriers, 
even if the Commission did not issue this rule. Thus, public comments 
would 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) endorses direct final rulemaking as an appropriate 
procedure to expedite rules that are noncontroversial and that are not 
expected to generate significant adverse comment. See 60 FR 43108 (Aug. 
18, 1995). ACUS recommends 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 CPSC does not expect any significant adverse 
comments.
    Unless CPSC receives a significant adverse comment within 30 days 
of this notification, 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.'' 
60 FR 43108, 43111. As noted, this rule merely updates a reference in 
the CFR to reflect a change that occurs by statute.
    If the Commission receives a significant adverse comment, the 
Commission would withdraw this direct final rule. Depending on the 
comment 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.

G. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612) generally 
requires agencies to 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, 
604. The RFA applies to any rule that is subject to notice and comment 
procedures under section 553 of the APA. Id. As discussed in F. Direct 
Final Rule Process of this preamble, the Commission has determined that 
notice and the opportunity to comment are unnecessary for this rule. 
Therefore, the RFA does not apply. CPSC also notes 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 current mandatory standard for sling carriers includes 
requirements for marking, labeling, and instructional literature that 
constitute a ``collection of information,'' as defined in the Paperwork 
Reduction Act (PRA; 44 U.S.C. 3501-3521). The revised mandatory 
standard does not alter these requirements. The Commission took the 
steps required by the PRA for information collections when it adopted 
16 CFR part 1228, including obtaining approval and a control number. 
Because the information collection is unchanged, the revision does not 
affect the information collection requirements or approval 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

[[Page 21770]]

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 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. 15 U.S.C. 
2075(a). Section 26(c) of the CPSA also provides that states or 
political subdivisions of states may apply to CPSC for an exemption 
from this preemption under certain circumstances. Section 104(b) of the 
CPSIA deems rules issued under that provision ``consumer product safety 
standards.'' 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 that the 
Commission adopted as a mandatory standard, 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. 15 U.S.C. 2056a(b)(4)(B). The Commission is taking neither of 
those actions with respect to the standard for sling carriers. 
Therefore, ASTM F2907-19 automatically will take effect as the new 
mandatory standard for sling carriers on July 6, 2020, 180 days after 
the Commission received notice of the revision on January 8, 2020. As a 
direct final rule, unless the Commission receives a significant adverse 
comment within 30 days of this notification, the rule will become 
effective on July 6, 2020.

L. 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 1228

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

    For the reasons discussed in the preamble, the Commission amends 16 
CFR chapter II as follows:

PART 1228--SAFETY STANDARD FOR SLING CARRIERS

0
1. Revise the authority citation for part 1228 to read as follows:

    Authority:  Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (15 U.S.C. 
2056a).


0
2. Revise Sec.  1228.2 to read as follows:


Sec.  1228.2  Requirements for sling carriers.

    (a) Except as provided in paragraph (b) of this section, each sling 
carrier must comply with all applicable provisions of ASTM F2907-19, 
Standard Consumer Safety Specification for Sling Carriers, 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, PO Box C700, West Conshohocken, 
PA 19428-2959; 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.
    (b) In addition to complying with section 5.7.2 of ASTM F2907-19, 
comply with the following:
    (1) 5.7.3 Warning labels that are attached to the fabric with seams 
shall remain in contact with the fabric around the entire perimeter of 
the label, when the sling is in all manufacturer recommended use 
positions.
    (2) [Reserved]

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2020-07522 Filed 4-17-20; 8:45 am]
BILLING CODE 6355-01-P