Safety Standard for Hand-Held Infant Carriers, 46000-46002 [2020-16137]
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Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Rules and Regulations
List of Subjects
15 CFR Part 740
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, part 740 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
PART 740—LICENSE EXCEPTIONS
1. The authority citation for part 740
continues to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783.
2. Section 740.2 is amended by
revising paragraphs (a)(12) and (13)
introductory text and by adding new
paragraph (a)(23) to read as follows:
■
BILLING CODE 3510–33–P
CONSUMER PRODUCT SAFETY
COMMISSION
(a) * * *
(12) The item is described in a 9x515
or ‘‘600 series’’ ECCN and is destined to,
shipped from, or was manufactured in
a destination listed in Country Group
D:5 or Hong Kong (see Supplement No.
1 to part 740 of the EAR), except that:
*
*
*
*
*
(13) ‘‘600 series’’ items that are
controlled for missile technology (MT)
reasons may not be exported,
reexported, or transferred (in-country)
under License Exception STA (§ 740.20
of the EAR). Items controlled under
ECCNs 9D610.b, 9D619.b, 9E610.b, or
9E619.b or .c are not eligible for license
exceptions except for License Exception
GOV (§ 740.11(b)(2) of the EAR). Only
the following license exceptions may be
used to export ‘‘600 series’’ items to
destinations other than those identified
in Country Group D:5 or Hong Kong (see
Supplement No. 1 to part 740 of the
EAR):
*
*
*
*
*
(23) The item is subject to the EAR
and is for export to Hong Kong, reexport
to Hong Kong or transfer (in-country)
within Hong Kong under License
Exceptions LVS—Shipments of Limited
Value (§ 740.3); GBS—Shipments to
Group B Countries (§ 740.4); TSR—
Technology and Software under
Restriction (§ 740.6); APP—Computers,
Tier 1 only (§ 740.7(c)); TMP Temporary
Imports, Exports, Reexports, and
Transfers (in-country)—(§ 740.9(a)(11)
and (b)(2)(ii)(C) and (b)(5) only); RPL—
Servicing and Replacement Parts and
Equipment (§ 740.10(a)(3)(viii), (a)(4),
(b)(1) except as permitted to Country
Group D:5, and (b)(3)(i)(F) and (ii)(C)
only); GOV—Cooperating Governments
16:02 Jul 30, 2020
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Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2020–16278 Filed 7–30–20; 8:45 am]
§ 740.2 Restrictions on all License
Exceptions.
VerDate Sep<11>2014
only (§ 740.11(c)(1)); GFT—Gift Parcels
(except as permitted by § 740.12(a)(3));
TSU Technology and Software
Unrestricted—only § 740.13(f); BAG—
Baggage (except as permitted by
§ 740.14(d)); AVS Aircraft, Vessels, and
Spacecraft—(§ 740.15(b)(1), (b)(2), (c),
and (f) only); APR—Additional
Permissive Reexports (§ 740.16(a) and
(j)); and STA—Strategic Trade
Authorization (§ 740.20). Reexports of
items subject to the EAR from Hong
Kong under License Exception APR
§ 740.16(a) are also restricted.
*
*
*
*
*
[Docket No. CPSC–2012–0068]
B. Delaying the Effective Date of the
Rule
16 CFR Part 1225
Safety Standard for Hand-Held Infant
Carriers
Consumer Product Safety
Commission.
ACTION: Final rule; delay of effective
date.
AGENCY:
On May 20, 2020, the
Consumer Product Safety Commission
(Commission, or CPSC) issued a direct
final rule revising the CPSC’s mandatory
standard for hand-held infant carriers to
incorporate by reference the most recent
version of the applicable ASTM
standard. We are publishing this final
rule to delay the effective date of the
CPSC’s mandatory standard for handheld infant carriers, due to the COVID–
19 pandemic.
DATES: The effective date for the direct
final rule published on May 20, 2020, at
85 FR 30605, is delayed from August 3,
2020, until January 1, 2021.
FOR FURTHER INFORMATION CONTACT:
Keysha L. 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.
SUMMARY:
SUPPLEMENTARY INFORMATION:
A. Background
On May 20, 2020, the Commission
published a direct final rule (DFR),
revising 16 CFR part 1225, the CPSC’s
mandatory standard for hand-held
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infant carriers, to incorporate by
reference the most recent version of the
applicable ASTM standard, ASTM
F2050–19, Standard Consumer Safety
Specification for Hand-Held Infant
Carriers. See 85 FR 30605. The DFR was
originally set to become effective by
operation of law on August 3, 2020,
unless the Commission received a
significant adverse comment by June 19,
2020.
Since Commission approval of the
DFR in April 2020, Executive Order
(E.O.) 13924, ‘‘Regulatory Relief to
Support Economic Recovery,’’ was
issued on May 19, 2020. 85 FR 31385.
E.O. 13924 encourages federal agencies
to address the economic consequences
of COVID–19 ‘‘by rescinding, modifying,
waiving, or providing exemptions from
regulations and other requirements that
may inhibit economic recovery,
consistent with applicable law and with
protection of the public health and
safety.’’
CPSC received two comments in
response to the DFR notice. Neither
comment is considered to be a
‘‘significant adverse comment.’’ 1
However, one commenter, who was
anonymous, noted that in the last few
months, the pandemic has ‘‘caused
drastic changes in consumer behavior
and manufacturing capabilities,
including reduced sales and otherwise
unforeseen production stoppages.’’ The
commenter stated: ‘‘As a consequence,
inventory levels of some previously
ordered components have been
extended further into the year than
typical. Lead times for new material
have also increased as manufacturers
struggle to return to pre-pandemic
production output capabilities.’’ The
commenter recommends the effective
date should be pushed back, ‘‘perhaps
as far as to the end of the calendar year,
to allow manufacturers more time to use
up existing inventory before
implementing the required changes.’’
1 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. One commenter
asserted that the incorporation by reference process
does not allow the public free access to the law
without paying for the incorporated voluntary
standard. CPSC did not consider that comment to
be a significant adverse comment because a copy of
the standard can be inspected at the National
Archives and Records Administration, or at the
CPSC, and a read-only copy of the standard will be
available for viewing on the ASTM website at
www.astm.org/READINGLIBRARY.
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Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Rules and Regulations
This comment is not a considered a
significant adverse comment because it
does not challenge the premise or
purpose of the underlying rule.
Nevertheless, the Commission
recognizes that as a result of the
COVID–19 pandemic, disruptions in the
U.S. economy may limit manufacturers’
ability to comply with the new labeling
requirements of ASTM F2050–19.
CPSC staff conducted a review of the
safety impact of delaying the effective
date for the revised hand-held infant
carriers’ standard. As detailed in the
staff briefing package for the DFR,2 staff
determined that the changes made by
ASTM F2050–19 were either neutral or
improved the safety for hand-held infant
carriers. Based on staff’s findings, the
Commission allowed the revised
voluntary standard to become the
consumer product safety standard for
hand-held infant carriers. The
substantive changes adopted by the
Commission include:
• Exempting hand-held bassinets/
cradles from the requirement to display
a ‘‘NEVER leave child unattended’’
warning message;
• Changing the definition of ‘‘handheld’’ infant carriers to include ‘‘semirigid’’ infant carriers within the scope of
the standard; and
• Including a new warning icon and
warning statement regarding the fall
hazard with shopping cart use to be
included in instructional literature.
Staff’s review of the impact on safety
of delaying the effective date indicates
that the above changes to the standard
could be delayed until the end of the
calendar year, consistent with the
protection of public health and safety.
Continuing to display a ‘‘NEVER leave
child unattended’’ warning message
would not adversely impact safety.
Delaying the expansion of the definition
of ‘‘hand-held’’ infant carrier in the
voluntary standard does not reduce
safety because ‘‘semi-rigid’’ infant
carriers are already included in CPSC’s
mandatory standard, 16 CFR 1225(b)(1);
the effect of the change to the voluntary
standard is to match the current
mandatory standard’s definition.
Finally, although the requirement for
including the new shopping cart fall
hazard warning in instructional
literature would be delayed, shopping
carts that meet ASTM F2372–15,
Standard Consumer Safety Performance
Specification for Shopping Carts, will
still be required to display the onproduct warning, often on the seat flap,
providing an important safety message
2 https://cpsc.gov/s3fs-public/ASTM%27s%20
Revisions%20to%20Safety%20Standard%20for
%20Hand-Held%20Infant%20Carriers.pdf.
VerDate Sep<11>2014
16:02 Jul 30, 2020
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addressing the same hazard as the new
hazard warning in the voluntary
standard.
Based on staff’s safety assessment that
indicates delaying the effective date will
not adversely impact safety, and the
direction in E.O. 13294 to address the
economic consequences of COVID–19,
the Commission is delaying the effective
date of the hand-held carriers’ standard
until January 1, 2021. The delayed
effective date should provide
manufacturers that are not already
compliant with the new standard the
necessary time to comply with the new
labeling requirement of the revised
hand-held carriers’ standard without
negatively impacting the safety of handheld infant carriers.
C. The APA and Good Cause Finding
The Commission is issuing this final
rule without an additional opportunity
for public comment. Pursuant to section
553(b)(3)(B) of the Administrative
Procedure Act (APA), general notice and
the opportunity for public comment are
not required with respect to a
rulemaking when an ‘‘agency for good
cause finds (and incorporates the
finding and a brief statement of reasons
therefor in the rules issued) that notice
and public procedure thereon are
impracticable, unnecessary, or contrary
to the public interest.’’ 3
As a result of this rule, the DFR
published by the Commission on May
20, 2020, which revised the
Commission’s standard for hand-held
infant carriers, will not be reflected in
the Code of Federal Regulations until
January 1, 2021. The COVID–19
pandemic has disrupted economic
activity in the United States. E.O. 13294
urges federal agencies to take actions to
reduce regulatory burdens that arise as
a result of the pandemic ‘‘consistent
with applicable law and with protection
of the public health and safety.’’ As
previously discussed in section B of the
preamble, manufacturers may be
handicapped in their ability to comply
with the new labeling requirements of
the revised hand-held carriers’ standard
by the August 3, 2020 effective date set
in the DFR. Therefore, the Commission
has determined that delaying the
effective date until January 1, 2021 is
warranted, because delaying the
effective date will not have an adverse
impact on public health and safety, and
as encouraged by E.O. 13924, it will
help reduce regulatory burdens
exacerbated by the pandemic. Delaying
the effective date until January 1, 2021
will allow manufacturers to come into
compliance with the new labeling
PO 00000
requirements in the hand-held carriers’
standard while providing regulatory
relief to manufacturers impacted by the
COVID–19 pandemic. Because of the
short time frame until the original
August 3, 2020 effective date is
scheduled to go into effect, and for the
reasons discussed above, the
Commission finds that there is good
cause consistent with the public interest
to issue the rule without advance notice
and comment.4
The APA generally requires a 30-day
delayed effective date for final rules,
except for: (1) Substantive rules which
grant or recognize an exemption or
relieve a restriction; (2) interpretative
rules and statements of policy; or (3) as
otherwise provided by the agency for
good cause.5 The Commission believes
that the public interest is best served by
having this final rule become effective
immediately upon publication in the
Federal Register, instead of the usual
30-day delayed effective date normally
required by the APA. Therefore, the
Commission finds that there is good
cause to delay the effective date of the
previously approved change to 16 CFR
part 1225 of the Commission’s standard,
for the reasons noted above.
D. 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 discussed previously,
consistent with section 553(b)(B) of the
APA, the Commission has determined
for good cause that general notice and
opportunity for public comment is
unnecessary. Thus, the RFA’s
requirements relating to initial and final
regulatory flexibility analysis do not
apply.
However, the Commission is
extending the effective date because
economic disruptions affecting
inventory levels could potentially affect
a subset of manufacturers, although the
exact number is not known. Although
the cost to firms of having to dispose of
an inventory of out-of-date printed
instructions is probably low as a percent
of their total costs or their total revenue,
extending the effective date of the rule
may provide some relief to
manufacturers who may face delays in
having new materials printed due to
backlogs in print shops or because of
45
35
U.S.C. 553(b)(3)(B).
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55
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46001
E:\FR\FM\31JYR1.SGM
U.S.C. 553(b)(3)(B); 553(d)(3).
U.S.C. 553(d).
31JYR1
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Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Rules and Regulations
local stay-at-home restrictions or other
delays related to the COVID–19
pandemic. The additional time will
allow manufacturers to come into
compliance with the new requirements
as they deplete their inventory of noncompliant materials.
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.
E. Paperwork Reduction Act
The standard for hand-held infant
carriers 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.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety
Commission.
F. 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.
40 CFR Part 180
G. 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 under that
provision ‘‘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.
H. 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
VerDate Sep<11>2014
16:02 Jul 30, 2020
Jkt 250001
[FR Doc. 2020–16137 Filed 7–30–20; 8:45 am]
BILLING CODE 6355–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2019–0183; FRL–10008–04]
Trichoderma atroviride Strain SC1;
Exemption From the Requirement of a
Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes an
exemption from the requirement of a
tolerance for residues of Trichoderma
atroviride strain SC1 in or on all food
commodities when used in accordance
with label directions and good
agricultural practices. Bi-PA nv
submitted a petition to EPA under the
Federal Food, Drug, and Cosmetic Act
(FFDCA), requesting an exemption from
the requirement of a tolerance. This
regulation eliminates the need to
establish a maximum permissible level
for residues of Trichoderma atroviride
strain SC1 in or on all food commodities
under FFDCA.
DATES: This regulation is effective July
31, 2020. Objections and requests for
hearings must be received on or before
September 29, 2020 and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
SUMMARY:
The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0183, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
ADDRESSES:
PO 00000
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Fmt 4700
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and the telephone number for the OPP
Docket is (703) 305–5805.
Please note that due to the public
health emergency the EPA Docket
Center (EPA/DC) and Reading Room
was closed to public visitors on March
31, 2020. Our EPA/DC staff will
continue to provide customer service
via email, phone, and webform. For
further information on EPA/DC services,
docket contact information and the
current status of the EPA/DC and
Reading Room, please visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Robert McNally, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Printing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 85, Number 148 (Friday, July 31, 2020)]
[Rules and Regulations]
[Pages 46000-46002]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16137]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2012-0068]
16 CFR Part 1225
Safety Standard for Hand-Held Infant Carriers
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule; delay of effective date.
-----------------------------------------------------------------------
SUMMARY: On May 20, 2020, the Consumer Product Safety Commission
(Commission, or CPSC) issued a direct final rule revising the CPSC's
mandatory standard for hand-held infant carriers to incorporate by
reference the most recent version of the applicable ASTM standard. We
are publishing this final rule to delay the effective date of the
CPSC's mandatory standard for hand-held infant carriers, due to the
COVID-19 pandemic.
DATES: The effective date for the direct final rule published on May
20, 2020, at 85 FR 30605, is delayed from August 3, 2020, until January
1, 2021.
FOR FURTHER INFORMATION CONTACT: Keysha L. 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
On May 20, 2020, the Commission published a direct final rule
(DFR), revising 16 CFR part 1225, the CPSC's mandatory standard for
hand-held infant carriers, to incorporate by reference the most recent
version of the applicable ASTM standard, ASTM F2050-19, Standard
Consumer Safety Specification for Hand-Held Infant Carriers. See 85 FR
30605. The DFR was originally set to become effective by operation of
law on August 3, 2020, unless the Commission received a significant
adverse comment by June 19, 2020.
Since Commission approval of the DFR in April 2020, Executive Order
(E.O.) 13924, ``Regulatory Relief to Support Economic Recovery,'' was
issued on May 19, 2020. 85 FR 31385. E.O. 13924 encourages federal
agencies to address the economic consequences of COVID-19 ``by
rescinding, modifying, waiving, or providing exemptions from
regulations and other requirements that may inhibit economic recovery,
consistent with applicable law and with protection of the public health
and safety.''
B. Delaying the Effective Date of the Rule
CPSC received two comments in response to the DFR notice. Neither
comment is considered to be a ``significant adverse comment.'' \1\
However, one commenter, who was anonymous, noted that in the last few
months, the pandemic has ``caused drastic changes in consumer behavior
and manufacturing capabilities, including reduced sales and otherwise
unforeseen production stoppages.'' The commenter stated: ``As a
consequence, inventory levels of some previously ordered components
have been extended further into the year than typical. Lead times for
new material have also increased as manufacturers struggle to return to
pre-pandemic production output capabilities.'' The commenter recommends
the effective date should be pushed back, ``perhaps as far as to the
end of the calendar year, to allow manufacturers more time to use up
existing inventory before implementing the required changes.''
---------------------------------------------------------------------------
\1\ 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.
One commenter asserted that the incorporation by reference process
does not allow the public free access to the law without paying for
the incorporated voluntary standard. CPSC did not consider that
comment to be a significant adverse comment because a copy of the
standard can be inspected at the National Archives and Records
Administration, or at the CPSC, and a read-only copy of the standard
will be available for viewing on the ASTM website at www.astm.org/READINGLIBRARY.
---------------------------------------------------------------------------
[[Page 46001]]
This comment is not a considered a significant adverse comment
because it does not challenge the premise or purpose of the underlying
rule. Nevertheless, the Commission recognizes that as a result of the
COVID-19 pandemic, disruptions in the U.S. economy may limit
manufacturers' ability to comply with the new labeling requirements of
ASTM F2050-19.
CPSC staff conducted a review of the safety impact of delaying the
effective date for the revised hand-held infant carriers' standard. As
detailed in the staff briefing package for the DFR,\2\ staff determined
that the changes made by ASTM F2050-19 were either neutral or improved
the safety for hand-held infant carriers. Based on staff's findings,
the Commission allowed the revised voluntary standard to become the
consumer product safety standard for hand-held infant carriers. The
substantive changes adopted by the Commission include:
---------------------------------------------------------------------------
\2\ https://cpsc.gov/s3fs-public/ASTM%27s%20Revisions%20to%20Safety%20Standard%20for%20Hand-Held%20Infant%20Carriers.pdf.
---------------------------------------------------------------------------
Exempting hand-held bassinets/cradles from the requirement
to display a ``NEVER leave child unattended'' warning message;
Changing the definition of ``hand-held'' infant carriers
to include ``semi-rigid'' infant carriers within the scope of the
standard; and
Including a new warning icon and warning statement
regarding the fall hazard with shopping cart use to be included in
instructional literature.
Staff's review of the impact on safety of delaying the effective
date indicates that the above changes to the standard could be delayed
until the end of the calendar year, consistent with the protection of
public health and safety. Continuing to display a ``NEVER leave child
unattended'' warning message would not adversely impact safety.
Delaying the expansion of the definition of ``hand-held'' infant
carrier in the voluntary standard does not reduce safety because
``semi-rigid'' infant carriers are already included in CPSC's mandatory
standard, 16 CFR 1225(b)(1); the effect of the change to the voluntary
standard is to match the current mandatory standard's definition.
Finally, although the requirement for including the new shopping cart
fall hazard warning in instructional literature would be delayed,
shopping carts that meet ASTM F2372-15, Standard Consumer Safety
Performance Specification for Shopping Carts, will still be required to
display the on-product warning, often on the seat flap, providing an
important safety message addressing the same hazard as the new hazard
warning in the voluntary standard.
Based on staff's safety assessment that indicates delaying the
effective date will not adversely impact safety, and the direction in
E.O. 13294 to address the economic consequences of COVID-19, the
Commission is delaying the effective date of the hand-held carriers'
standard until January 1, 2021. The delayed effective date should
provide manufacturers that are not already compliant with the new
standard the necessary time to comply with the new labeling requirement
of the revised hand-held carriers' standard without negatively
impacting the safety of hand-held infant carriers.
C. The APA and Good Cause Finding
The Commission is issuing this final rule without an additional
opportunity for public comment. Pursuant to section 553(b)(3)(B) of the
Administrative Procedure Act (APA), general notice and the opportunity
for public comment are not required with respect to a rulemaking when
an ``agency for good cause finds (and incorporates the finding and a
brief statement of reasons therefor in the rules issued) that notice
and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest.'' \3\
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\3\ 5 U.S.C. 553(b)(3)(B).
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As a result of this rule, the DFR published by the Commission on
May 20, 2020, which revised the Commission's standard for hand-held
infant carriers, will not be reflected in the Code of Federal
Regulations until January 1, 2021. The COVID-19 pandemic has disrupted
economic activity in the United States. E.O. 13294 urges federal
agencies to take actions to reduce regulatory burdens that arise as a
result of the pandemic ``consistent with applicable law and with
protection of the public health and safety.'' As previously discussed
in section B of the preamble, manufacturers may be handicapped in their
ability to comply with the new labeling requirements of the revised
hand-held carriers' standard by the August 3, 2020 effective date set
in the DFR. Therefore, the Commission has determined that delaying the
effective date until January 1, 2021 is warranted, because delaying the
effective date will not have an adverse impact on public health and
safety, and as encouraged by E.O. 13924, it will help reduce regulatory
burdens exacerbated by the pandemic. Delaying the effective date until
January 1, 2021 will allow manufacturers to come into compliance with
the new labeling requirements in the hand-held carriers' standard while
providing regulatory relief to manufacturers impacted by the COVID-19
pandemic. Because of the short time frame until the original August 3,
2020 effective date is scheduled to go into effect, and for the reasons
discussed above, the Commission finds that there is good cause
consistent with the public interest to issue the rule without advance
notice and comment.\4\
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\4\ 5 U.S.C. 553(b)(3)(B); 553(d)(3).
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The APA generally requires a 30-day delayed effective date for
final rules, except for: (1) Substantive rules which grant or recognize
an exemption or relieve a restriction; (2) interpretative rules and
statements of policy; or (3) as otherwise provided by the agency for
good cause.\5\ The Commission believes that the public interest is best
served by having this final rule become effective immediately upon
publication in the Federal Register, instead of the usual 30-day
delayed effective date normally required by the APA. Therefore, the
Commission finds that there is good cause to delay the effective date
of the previously approved change to 16 CFR part 1225 of the
Commission's standard, for the reasons noted above.
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\5\ 5 U.S.C. 553(d).
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D. 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 discussed previously, consistent with
section 553(b)(B) of the APA, the Commission has determined for good
cause that general notice and opportunity for public comment is
unnecessary. Thus, the RFA's requirements relating to initial and final
regulatory flexibility analysis do not apply.
However, the Commission is extending the effective date because
economic disruptions affecting inventory levels could potentially
affect a subset of manufacturers, although the exact number is not
known. Although the cost to firms of having to dispose of an inventory
of out-of-date printed instructions is probably low as a percent of
their total costs or their total revenue, extending the effective date
of the rule may provide some relief to manufacturers who may face
delays in having new materials printed due to backlogs in print shops
or because of
[[Page 46002]]
local stay-at-home restrictions or other delays related to the COVID-19
pandemic. The additional time will allow manufacturers to come into
compliance with the new requirements as they deplete their inventory of
non-compliant materials.
E. Paperwork Reduction Act
The standard for hand-held infant carriers 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.
F. 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.
G. 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 under that provision ``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.
H. 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.
Alberta E. Mills,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2020-16137 Filed 7-30-20; 8:45 am]
BILLING CODE 6355-01-P
