Safety Standard for Carriages and Strollers, 64345-64349 [2021-25140]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations the program’s expenses and maintain its reserve at a reasonable level. A review of historical and preliminary information pertaining to the upcoming crop year indicates that the producer price for the 2020–21 crop year is estimated to be $201.50 per hundredweight of dates. Utilizing that price, the estimated crop size, and the $0.20 per hundredweight assessment rate, the estimated assessment revenue for the 2020–21 crop year as a percentage of total producer revenue is approximately 0.1 percent ($0.20 per hundredweight divided by $201.50 per hundredweight). This action increases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs are offset by the benefits derived by the operation of the Order. In addition, the Committee meetings were widely publicized throughout the California date industry. All interested persons were invited to attend the meetings and encouraged to participate in Committee deliberations on all issues. The June 25, 2020 Committee meeting was a virtually held public meeting and all entities, both large and small, were able to express views on this issue. Interested persons were invited to submit comments on the proposed rule, including the regulatory and information collection impacts of this action on small businesses. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order’s information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581–0178 Vegetable and Specialty Crops. No changes in those requirements are necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This final rule will not impose any additional reporting or recordkeeping requirements on either small or large California date handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. VerDate Sep<11>2014 16:09 Nov 17, 2021 Jkt 256001 USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. A proposed rule concerning this action was published in the Federal Register on August 26, 2021 (86 FR 47599). Copies of the proposal were provided by the Committee to members and handlers. Finally, the proposed rule was made available through the internet by USDA and the Federal Register. A 15-day comment period ending September 10, 2021, was provided to allow interested persons to respond to the proposal. No comments were received. Accordingly, no changes will be made to the rule as proposed. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/ rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 987 Dates, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 987 is amended as follows: PART 987—DOMESTIC DATES PRODUCED OR PACKED IN RIVERSIDE, CALIFORNIA 1. The authority citation for part 987 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. Section 987.339 is revised to read as follows: ■ § 987.339 Assessment rate. On and after October 1, 2020, an assessment rate of $0.20 per hundredweight is established for dates produced or packed in Riverside County, California. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2021–25115 Filed 11–17–21; 8:45 am] BILLING CODE 3410–02–P PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 64345 CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1227 [Docket No. CPSC–2013–0019] Safety Standard for Carriages and Strollers Consumer Product Safety Commission. ACTION: Direct final rule. AGENCY: In March 2014, the U.S. Consumer Product Safety Commission (CPSC) published a consumer product safety standard for carriages and strollers under section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA). The CPSIA sets forth a process for updating mandatory standards for durable infant or toddler products that are based on a voluntary standard when a voluntary standards organization revises the standard. This direct final rule updates the mandatory standard for carriages and strollers to incorporate by reference ASTM’s 2021 version of the voluntary standard. DATES: The rule is effective on February 15, 2022, unless CPSC receives a significant adverse comment by December 20, 2021. 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 February 15, 2022. ADDRESSES: You may submit comments, identified by Docket No. CPSC–2013– 0019, by any of the following methods: Electronic Submissions: Submit electronic comments to the Federal eRulemaking Portal at: https:// www.regulations.gov. Follow the instructions for submitting comments. The CPSC does not accept comments submitted by electronic mail (email), except through https:// www.regulations.gov and as described below. 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, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7479. Alternatively, as a temporary option during the COVID–19 pandemic, you can email such submissions to: cpsc-os@ cpsc.gov. SUMMARY: E:\FR\FM\18NOR1.SGM 18NOR1 64346 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations Instructions: All submissions received must include the agency name and docket number for this direct final rule. 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- 2013–0019, into the ‘‘Search’’ box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer, Office of Compliance and Field Operations, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814–4408; telephone: 301–504–6820; email: kwalker@ cpsc.gov. SUPPLEMENTARY INFORMATION: A. Background khammond on DSKJM1Z7X2PROD with RULES 1. Statutory Authority Section 104(b)(1)(B) of the 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 (CPSA) (15 U.S.C. 2058), effective 180 days after the date on which the organization notifies the VerDate Sep<11>2014 16:09 Nov 17, 2021 Jkt 256001 Commission (or such later date specified by the Commission in the Federal Register) unless, within 90 days after receiving that notice, the Commission notifies the organization that it has determined that the proposed revision does not improve the safety of the consumer product covered by the standard and that the Commission is retaining the existing consumer product safety standard. 2. The Carriage and Stroller Standard On March 10, 2014, the Commission published a final rule issuing a standard for carriages and strollers that incorporated by reference the standard in effect at that time, ASTM F833–13b, with a modification to address potential hazardous openings created by adjustable grab bar/tray and foot rest configurations. 79 FR 13208. The standard was codified in the Commission’s regulations at 16 CFR part 1227. There have been several revisions to the ASTM standard. On June 9, 2016, the Commission incorporated by reference ASTM F833–15, as the mandatory standard for carriages and strollers. 81 FR 37128. On August 2, 2019, the Commission incorporated by reference ASTM F833–19, as the mandatory standard for carriages and strollers. 84 FR 37763. ASTM F833–19 is the current mandatory standard incorporated by reference in 16 CFR part 1227. On August 19, 2021, ASTM notified CPSC that it had revised the voluntary standard for carriages and strollers, approving ASTM F833–21 on June 15, 2021.1 As discussed in this preamble, based on CPSC staff’s review of ASTM F833–21, the Commission will allow the revised voluntary standard to become the mandatory standard because the revised requirements in the voluntary standard either improve the safety of carriages and strollers, or are safety neutral. Accordingly, by operation of law under section 104(b)(4)(B) of the CPSIA, ASTM F833–21 will become the mandatory consumer product safety standard for carriages and strollers on February 15, 2022. 15 U.S.C. 2056a(b)(4)(B). This direct final rule updates 16 CFR part 1227 to incorporate by reference the revised voluntary standard, ASTM F833–21. B. Revisions to ASTM F833 The ASTM standard for carriages and strollers establishes performance requirements, test methods, and labeling requirements to address hazards to children associated with carriages and 1 ASTM published ASTM F833–21 in August 2021. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 strollers including stability, brakes, restraint systems, latches and folding mechanisms, structural integrity, cords, wheel detachments, and entrapment. ASTM has revised the ASTM F833–19 voluntary standard for carriages and strollers. On June 15, 2021, ASTM approved a revised version, ASTM F833–21, which was published in August 2021. This section describes the changes in ASTM F833–21. The 2021 revision contains editorial, nonsubstantive changes, as well as several substantive changes to improve the requirements. We summarize the differences and the CPSC’s assessment of the revisions below. 1. Substantive Changes Allowance for a Concrete Floor Test Surface ASTM F833–19 Section 4.1 specifies that testing be conducted ‘‘on a concrete floor that shall be covered with 1⁄8-in. (3mm) thick vinyl floor covering, unless test instructs differently.’’ ASTM F833– 21 replaces, in section 4.1, the word ‘‘shall’’ with ‘‘may,’’ allowing for testing on the originally specified surface, or on an uncovered concrete floor. This change applies to all carriages and stroller tests, except parking brake testing (Section 7.6), which is conducted on a horizontal test surface covered with 60 grit sandpaper, and wheel detachment from axle testing (Section 7.13.1), which is conducted on a table. CPSC staff assessed the effect of the new test surface requirement and found that the allowing for testing on the originally specified surface, or on an uncovered concrete floor, did not have an impact on test results. Staff concluded that the allowance for an uncovered concrete floor test surface in addition to the current concrete floor covered with 1⁄8-inch-thick vinyl floor test surface does not affect the safety of carriages and strollers, because test results should be the same on either surface. In addition, staff determined that the revised language would be consistent with other ASTM juvenile product standards. Based on staff’s assessment, the Commission concludes that the new test surface requirement is neutral with respect to the safety of carriages and strollers. Summary List of References on Combination Unit of a Car Seat on a Stroller ASTM F833–19 provided the impact test in Section 6.7.1 with its corresponding test method in Section 7.11, and the head entrapment requirement in Section 6.10 with its test E:\FR\FM\18NOR1.SGM 18NOR1 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES method in 7.18. However, these sections were not included in the summary list of requirements that apply to a combination unit of a car seat on a stroller in Section 6.6.1. ASTM F833–21 now adds references to Section 6.7.1 and Section 6.10, as well as their corresponding test methods, to the list of requirements in Section 6.6.1. Section 6.7.1 applies to a ‘‘combination unit of a car seat on a carriage, stroller, or convertible carriage/stroller’’ and Section 6.10 applies to a ‘‘combination unit of a rear-facing car seat on a stroller or convertible carriage/stroller.’’ Staff’s review showed that the additions to the list of requirements that apply to a combination unit of a car seat on a stroller in Section 6.6.1 is neutral with respect to safety and does not affect the safety of carriages and strollers, because there are no changes to the requirements, test methods, or category of product to which they apply. This addition simply restates the requirements with which a combination unit of a car seat on a stroller must conform. Based on staff’s assessment, the Commission concludes that the addition of the references is neutral to the safety of carriages and strollers. Addition of Parking Brake Mechanism Test Methods ASTM F833–19 section 6.1.3 specifies that ‘‘[e]ach parking brake shall be constructed so that it cannot be disengaged by the child within the unit when the child is secured in the unit in accordance with the instructional literature.’’ ASTM F833–21 replaces this text and adds three alternative test methods in new sections 6.3.1.1, 6.3.1.2, and 6.3.1.3, for evaluating the parking brake release mechanism for each seating position of the product as follows: • Section 6.3.1.1: Each parking brake mechanism is outside of the access zone, which is defined as: The volume above the seat within a 21.7-inch radius from the mid-point of the junction line on the uncompressed upper surface of the seat unit and extending 21.5 inches to each side (as shown in Figure 7 of ASTM F833–21) and a 2-inch band extending inward from each side of the seat/leg rest edge and downward for 5.9 inches from the uncompressed upper surface of the seat (as shown in Figure 8 of ASTM F833–21). The space located behind the backrest is excluded from the parking brake access zone for singleoccupant strollers but is included for multi-occupant product configurations if it enters another parking brake access zone. • Section 6.3.1.2: The parking brake release mechanism consists of one VerDate Sep<11>2014 16:09 Nov 17, 2021 Jkt 256001 single-action release mechanism that shall not be released when a force of 10 lbf (45 N) or a torque of 3 lbf-in. (0.34 Nm) is applied directly to the release mechanism in the direction tending to release it. • Section 6.3.1.3: The parking brake release mechanism is a double-action release mechanism, which is defined in ASTM F833–21 as, ‘‘a release mechanism that requires either two consecutive actions, the first of which must be maintained while the second is carried out, or two separate and independent single-action locking mechanisms that must be activated simultaneously to fully release.’’ Staff’s review of ASTM F833–19, shows that existing section 6.1.3, which provides that ‘‘[e]ach parking brake shall be constructed so that it cannot be disengaged by the child within the unit’’ lacks specificity and fails to provide a test protocol or evaluation method. The assessment of whether a child can disengage the parking brake is currently left up to the testing laboratory’s test personnel discretion, which could result in a lack of consistency and repeatability of testing between testing laboratories. Although staff is not aware of any incidents involving the child disengaging the parking brake, the potential for a child to disengage the parking brake is a foreseeable hazard. To address this hazard, ASTM F833–21 adds a test method that includes a defined access zone, a specific force and torque, and an evaluation of the mechanism that is based on similar testing used in other standards. Staff’s assessment of section 6.3.1.1 shows that this test improves the safety of the standard by defining an access zone, and accounting for products with multiple seats that may provide easier access to the parking brake mechanism. Staff’s assessment of section 6.3.1.2 shows that this test improves safety by adding a force and torque requirement where there was none previously. Finally, staff’s review of the section 6.3.1.3 shows that although the specific reference to a double-action release mechanism was added in this section, the definition for a double-action release mechanism has been in existence since the ASTM F833–13a version of the standard. Staff’s assessment shows that the addition of this reference in this section improves safety by specifying the basis for evaluating the parking brake system. Based on staff’s assessment, the Commission concludes that the addition of parking braking mechanism test methods improves the safety of carriages and strollers. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 64347 2. Non-Substantive Changes ASTM made minor formatting changes to the ASTM F833–21 including: (1) Renumbering figures to account for two new parking brake figures (Figures 7 and 8 of ASTM F833– 21), (2) addition of hyphens to compound adjectives, (3) addition of units to the first value in range, and (4) revision of punctuation and spacing. The Commission finds that all the nonsubstantive changes made in ASTM F833–21 are neutral regarding safety for carriages and strollers because they are editorial in nature. Based on CPSC’s review of ASTM F833–21, the Commission will allow the revised standard to become the mandatory standard for carriages and strollers, without modification. This direct final rule updates 16 CFR part 1227 to incorporate by reference the revised voluntary standard, ASTM F833–21. C. Incorporation by Reference Section 1227.2 of the direct final rule incorporates by reference ASTM F833– 21. 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, section B. Revisions to ASTM F833, of this preamble summarizes the major provisions of ASTM F833–21 that the Commission incorporates by reference into 16 CFR part 1227. The standard is reasonably available to interested parties. Until the direct final rule takes effect, a read-only copy of ASTM F833–21 is available for viewing on ASTM’s website at: https:// www.astm.org/CPSC.htm. Once the rule takes effect, a read-only copy of the standard will be available for viewing on the ASTM website at: https:// www.astm.org/READINGLIBRARY/. Interested parties can also schedule an appointment to inspect a copy of the standard at CPSC’s Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone: 301–504–7479; email: cpsc-os@cpsc.gov. Interested parties can purchase a copy of ASTM F833–21 from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West E:\FR\FM\18NOR1.SGM 18NOR1 64348 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations Conshohocken, PA 19428–2959 USA; phone; 610–832–9585; www.astm.org. khammond on DSKJM1Z7X2PROD with RULES 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 of 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 carriages and strollers are children’s products, a CPSC-accepted third party conformity assessment body must test samples of the products. Products subject to part 1227 also must comply with all other applicable CPSC requirements, such as the lead content requirements in section 101 of the CPSIA,2 the phthalates prohibitions in section 108 of the CPSIA 3 and 16 CFR part 1307, the tracking label requirements in section 14(a)(5) of the CPSA,4 and the consumer registration form requirements in section 104(d) of the CPSIA.5 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 carriages and strollers (79 FR 13208 (March 10, 2014)). The NORs provided the criteria and process for our acceptance of accreditation of third party conformity assessment bodies for testing carriages and strollers to 16 CFR part 1227. The NORs are listed in the Commission’s rule, ‘‘Requirements Pertaining to Third Party Conformity Assessment Bodies.’’ 16 CFR part 1112. The revisions to ASTM F833–21 will not require any significant changes in the way that third party conformity assessment bodies test carriages and 2 15 U.S.C. 1278a. U.S.C. 2057c. 4 15 U.S.C. 2063(a)(5). 5 15 U.S.C. 2056a(d). 3 15 VerDate Sep<11>2014 16:09 Nov 17, 2021 Jkt 256001 strollers. Therefore, the Commission considers existing CPSC-accepted testing laboratories that have demonstrated competence for testing in accordance with ASTM F833–19 will have the competence to test in accordance with the revised standard ASTM F833–21 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). The Commission concludes that when it updates a reference to an ASTM standard that the Commission 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 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 mandatory standard by operation of law. The Commission is allowing ASTM F833–21 to become CPSC’s new mandatory standard. The purpose of this direct final rule is to update the reference in the Code of Federal Regulations (CFR) so that it reflects the version of the standard that takes effect by statute. This rule updates the reference in the CFR, but under the update provision of section 104 of the CPSIA, ASTM F833–21 takes effect as the new CPSC standard for carriages and strollers, even if the Commission does not issue this rule. Thus, public comments would not alter 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 unnecessary. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 In Recommendation 95–4, the Administrative Conference of the United States (ACUS) endorsed direct final rulemaking as an appropriate procedure to expedite rules that are noncontroversial and that are not expected to generate significant adverse comments. 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 February 15, 2022. 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 will 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 section 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. E:\FR\FM\18NOR1.SGM 18NOR1 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Rules and Regulations H. Paperwork Reduction Act The current mandatory standard for carriages and strollers 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). While the revised mandatory standard updates the provisions for marking, labeling, and instructional literature regarding consistency and clarity to be consistent with other ASTM voluntary standards, the revised mandatory standard does not alter these requirements substantively. The Commission took the steps required by the PRA for information collections when it adopted 16 CFR part 1227, 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. khammond on DSKJM1Z7X2PROD with RULES 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 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 standards organization revises a standard that the Commission VerDate Sep<11>2014 16:09 Nov 17, 2021 Jkt 256001 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 carriages and strollers. Therefore, ASTM F833–21 automatically will take effect as the new mandatory standard for carriages and strollers on February 15, 2022, 180 days after the Commission received notice of the revision on August 19, 2021. 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 February 15, 2022. 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 CRA 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, CPSC will submit the required information to each House of Congress and the Comptroller General. List of Subjects in 16 CFR Part 1227 Consumer protection, Imports, Incorporation by reference, Infants and children, Law enforcement, Safety, Toys. For the reasons stated above, the Commission amends title 16 CFR chapter II as follows: PART 1227—SAFETY STANDARD FOR CARRIAGES AND STROLLERS 1. The authority citation for part 1227 continues to read as follows: ■ Authority: The Consumer Product Safety Improvement Act of 2008, Pub. L. 110–314, 104, 122 Stat. 3016 (August 14, 2008); Pub. L. 112–28, 125 Stat. 273 (August 12, 2011). ■ 2. Revise § 1227.2 to read as follows: § 1227.2 Requirements for carriages and strollers. Each carriage and stroller shall comply with all applicable provisions of ASTM F833–21, Standard Consumer Safety Performance Specification for PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 64349 Carriages and Strollers, approved June 15, 2021. 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. A read-only copy of the standard is available for viewing on the ASTM website at https:// www.astm.org/READINGLIBRARY/. You may obtain a copy from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959; phone: (610) 832–9585; www.astm.org. You may inspect a copy at the Division of the Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814, telephone (301) 504–7479, email: cpsc-os@cpsc.gov, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email fr.inspection@ 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. 2021–25140 Filed 11–17–21; 8:45 am] BILLING CODE 6355–01–P COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 12 RIN 3038–AF17 Changing Position Title of Judgment Officer to Administrative Judge Commodity Futures Trading Commission. ACTION: Final rule. AGENCY: The Commodity Futures Trading Commission (Commission or CFTC) is adopting technical amendments to its Rules Relating to Reparations to change the position title of the Judgment Officer to Administrative Judge and to incorporate gender neutral language, where applicable. SUMMARY: Effective November 18, 2021. FOR FURTHER INFORMATION CONTACT: Eugene Smith, Director, Office of Proceedings, Commodity Futures Trading Commission, at (202) 418–5395 or esmith@cftc.gov, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. SUPPLEMENTARY INFORMATION: In February 2013, the Commission amended 17 CFR parts 10 and 12 to clarify the role and authority of its DATES: E:\FR\FM\18NOR1.SGM 18NOR1

Agencies

Consumer Product Safety Commission

[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Rules and Regulations]
[Pages 64345-64349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25140]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1227

[Docket No. CPSC-2013-0019]


Safety Standard for Carriages and Strollers

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In March 2014, the U.S. Consumer Product Safety Commission 
(CPSC) published a consumer product safety standard for carriages and 
strollers under section 104 of the Consumer Product Safety Improvement 
Act of 2008 (CPSIA). The CPSIA sets forth a process for updating 
mandatory standards for durable infant or toddler products that are 
based on a voluntary standard when a voluntary standards organization 
revises the standard. This direct final rule updates the mandatory 
standard for carriages and strollers to incorporate by reference ASTM's 
2021 version of the voluntary standard.

DATES: The rule is effective on February 15, 2022, unless CPSC receives 
a significant adverse comment by December 20, 2021. 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 February 15, 
2022.

ADDRESSES: You may submit comments, identified by Docket No. CPSC-2013-
0019, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. The CPSC does not accept comments 
submitted by electronic mail (email), except through https://www.regulations.gov and as described below. 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, 4330 East West Highway, Bethesda, MD 20814; 
telephone (301) 504-7479. Alternatively, as a temporary option during 
the COVID-19 pandemic, you can email such submissions to: [email protected].

[[Page 64346]]

    Instructions: All submissions received must include the agency name 
and docket number for this direct final rule. 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- 2013-0019, into the ``Search'' box, and follow the 
prompts.

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

SUPPLEMENTARY INFORMATION:

A. Background

1. Statutory Authority

    Section 104(b)(1)(B) of the 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 (CPSA) (15 U.S.C. 2058), effective 180 days 
after the date on which the organization notifies the Commission (or 
such later date specified by the Commission in the Federal Register) 
unless, within 90 days after receiving that notice, the Commission 
notifies the organization that it has determined that the proposed 
revision does not improve the safety of the consumer product covered by 
the standard and that the Commission is retaining the existing consumer 
product safety standard.

2. The Carriage and Stroller Standard

    On March 10, 2014, the Commission published a final rule issuing a 
standard for carriages and strollers that incorporated by reference the 
standard in effect at that time, ASTM F833-13b, with a modification to 
address potential hazardous openings created by adjustable grab bar/
tray and foot rest configurations. 79 FR 13208. The standard was 
codified in the Commission's regulations at 16 CFR part 1227. There 
have been several revisions to the ASTM standard. On June 9, 2016, the 
Commission incorporated by reference ASTM F833-15, as the mandatory 
standard for carriages and strollers. 81 FR 37128. On August 2, 2019, 
the Commission incorporated by reference ASTM F833-19, as the mandatory 
standard for carriages and strollers. 84 FR 37763. ASTM F833-19 is the 
current mandatory standard incorporated by reference in 16 CFR part 
1227.
    On August 19, 2021, ASTM notified CPSC that it had revised the 
voluntary standard for carriages and strollers, approving ASTM F833-21 
on June 15, 2021.\1\ As discussed in this preamble, based on CPSC 
staff's review of ASTM F833-21, the Commission will allow the revised 
voluntary standard to become the mandatory standard because the revised 
requirements in the voluntary standard either improve the safety of 
carriages and strollers, or are safety neutral. Accordingly, by 
operation of law under section 104(b)(4)(B) of the CPSIA, ASTM F833-21 
will become the mandatory consumer product safety standard for 
carriages and strollers on February 15, 2022. 15 U.S.C. 2056a(b)(4)(B). 
This direct final rule updates 16 CFR part 1227 to incorporate by 
reference the revised voluntary standard, ASTM F833-21.
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    \1\ ASTM published ASTM F833-21 in August 2021.
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B. Revisions to ASTM F833

    The ASTM standard for carriages and strollers establishes 
performance requirements, test methods, and labeling requirements to 
address hazards to children associated with carriages and strollers 
including stability, brakes, restraint systems, latches and folding 
mechanisms, structural integrity, cords, wheel detachments, and 
entrapment. ASTM has revised the ASTM F833-19 voluntary standard for 
carriages and strollers. On June 15, 2021, ASTM approved a revised 
version, ASTM F833-21, which was published in August 2021. This section 
describes the changes in ASTM F833-21. The 2021 revision contains 
editorial, non-substantive changes, as well as several substantive 
changes to improve the requirements. We summarize the differences and 
the CPSC's assessment of the revisions below.

1. Substantive Changes

Allowance for a Concrete Floor Test Surface
    ASTM F833-19 Section 4.1 specifies that testing be conducted ``on a 
concrete floor that shall be covered with \1/8\-in. (3-mm) thick vinyl 
floor covering, unless test instructs differently.'' ASTM F833-21 
replaces, in section 4.1, the word ``shall'' with ``may,'' allowing for 
testing on the originally specified surface, or on an uncovered 
concrete floor. This change applies to all carriages and stroller 
tests, except parking brake testing (Section 7.6), which is conducted 
on a horizontal test surface covered with 60 grit sandpaper, and wheel 
detachment from axle testing (Section 7.13.1), which is conducted on a 
table.
    CPSC staff assessed the effect of the new test surface requirement 
and found that the allowing for testing on the originally specified 
surface, or on an uncovered concrete floor, did not have an impact on 
test results. Staff concluded that the allowance for an uncovered 
concrete floor test surface in addition to the current concrete floor 
covered with \1/8\-inch-thick vinyl floor test surface does not affect 
the safety of carriages and strollers, because test results should be 
the same on either surface. In addition, staff determined that the 
revised language would be consistent with other ASTM juvenile product 
standards. Based on staff's assessment, the Commission concludes that 
the new test surface requirement is neutral with respect to the safety 
of carriages and strollers.
Summary List of References on Combination Unit of a Car Seat on a 
Stroller
    ASTM F833-19 provided the impact test in Section 6.7.1 with its 
corresponding test method in Section 7.11, and the head entrapment 
requirement in Section 6.10 with its test

[[Page 64347]]

method in 7.18. However, these sections were not included in the 
summary list of requirements that apply to a combination unit of a car 
seat on a stroller in Section 6.6.1. ASTM F833-21 now adds references 
to Section 6.7.1 and Section 6.10, as well as their corresponding test 
methods, to the list of requirements in Section 6.6.1. Section 6.7.1 
applies to a ``combination unit of a car seat on a carriage, stroller, 
or convertible carriage/stroller'' and Section 6.10 applies to a 
``combination unit of a rear-facing car seat on a stroller or 
convertible carriage/stroller.'' Staff's review showed that the 
additions to the list of requirements that apply to a combination unit 
of a car seat on a stroller in Section 6.6.1 is neutral with respect to 
safety and does not affect the safety of carriages and strollers, 
because there are no changes to the requirements, test methods, or 
category of product to which they apply. This addition simply restates 
the requirements with which a combination unit of a car seat on a 
stroller must conform. Based on staff's assessment, the Commission 
concludes that the addition of the references is neutral to the safety 
of carriages and strollers.
Addition of Parking Brake Mechanism Test Methods
    ASTM F833-19 section 6.1.3 specifies that ``[e]ach parking brake 
shall be constructed so that it cannot be disengaged by the child 
within the unit when the child is secured in the unit in accordance 
with the instructional literature.'' ASTM F833-21 replaces this text 
and adds three alternative test methods in new sections 6.3.1.1, 
6.3.1.2, and 6.3.1.3, for evaluating the parking brake release 
mechanism for each seating position of the product as follows:
     Section 6.3.1.1: Each parking brake mechanism is outside 
of the access zone, which is defined as: The volume above the seat 
within a 21.7-inch radius from the mid-point of the junction line on 
the uncompressed upper surface of the seat unit and extending 21.5 
inches to each side (as shown in Figure 7 of ASTM F833-21) and a 2-inch 
band extending inward from each side of the seat/leg rest edge and 
downward for 5.9 inches from the uncompressed upper surface of the seat 
(as shown in Figure 8 of ASTM F833-21). The space located behind the 
backrest is excluded from the parking brake access zone for single-
occupant strollers but is included for multi-occupant product 
configurations if it enters another parking brake access zone.
     Section 6.3.1.2: The parking brake release mechanism 
consists of one single-action release mechanism that shall not be 
released when a force of 10 lbf (45 N) or a torque of 3 lbf-in. (0.34 
Nm) is applied directly to the release mechanism in the direction 
tending to release it.
     Section 6.3.1.3: The parking brake release mechanism is a 
double-action release mechanism, which is defined in ASTM F833-21 as, 
``a release mechanism that requires either two consecutive actions, the 
first of which must be maintained while the second is carried out, or 
two separate and independent single-action locking mechanisms that must 
be activated simultaneously to fully release.''
    Staff's review of ASTM F833-19, shows that existing section 6.1.3, 
which provides that ``[e]ach parking brake shall be constructed so that 
it cannot be disengaged by the child within the unit'' lacks 
specificity and fails to provide a test protocol or evaluation method. 
The assessment of whether a child can disengage the parking brake is 
currently left up to the testing laboratory's test personnel 
discretion, which could result in a lack of consistency and 
repeatability of testing between testing laboratories. Although staff 
is not aware of any incidents involving the child disengaging the 
parking brake, the potential for a child to disengage the parking brake 
is a foreseeable hazard. To address this hazard, ASTM F833-21 adds a 
test method that includes a defined access zone, a specific force and 
torque, and an evaluation of the mechanism that is based on similar 
testing used in other standards.
    Staff's assessment of section 6.3.1.1 shows that this test improves 
the safety of the standard by defining an access zone, and accounting 
for products with multiple seats that may provide easier access to the 
parking brake mechanism. Staff's assessment of section 6.3.1.2 shows 
that this test improves safety by adding a force and torque requirement 
where there was none previously. Finally, staff's review of the section 
6.3.1.3 shows that although the specific reference to a double-action 
release mechanism was added in this section, the definition for a 
double-action release mechanism has been in existence since the ASTM 
F833-13a version of the standard. Staff's assessment shows that the 
addition of this reference in this section improves safety by 
specifying the basis for evaluating the parking brake system. Based on 
staff's assessment, the Commission concludes that the addition of 
parking braking mechanism test methods improves the safety of carriages 
and strollers.

2. Non-Substantive Changes

    ASTM made minor formatting changes to the ASTM F833-21 including: 
(1) Renumbering figures to account for two new parking brake figures 
(Figures 7 and 8 of ASTM F833-21), (2) addition of hyphens to compound 
adjectives, (3) addition of units to the first value in range, and (4) 
revision of punctuation and spacing. The Commission finds that all the 
non-substantive changes made in ASTM F833-21 are neutral regarding 
safety for carriages and strollers because they are editorial in 
nature.
    Based on CPSC's review of ASTM F833-21, the Commission will allow 
the revised standard to become the mandatory standard for carriages and 
strollers, without modification. This direct final rule updates 16 CFR 
part 1227 to incorporate by reference the revised voluntary standard, 
ASTM F833-21.

C. Incorporation by Reference

    Section 1227.2 of the direct final rule incorporates by reference 
ASTM F833-21. 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, section B. Revisions to 
ASTM F833, of this preamble summarizes the major provisions of ASTM 
F833-21 that the Commission incorporates by reference into 16 CFR part 
1227. The standard is reasonably available to interested parties. Until 
the direct final rule takes effect, a read-only copy of ASTM F833-21 is 
available for viewing on ASTM's website at: https://www.astm.org/CPSC.htm. Once the rule takes effect, a read-only copy of the standard 
will be available for viewing on the ASTM website at: https://www.astm.org/READINGLIBRARY/. Interested parties can also schedule an 
appointment to inspect a copy of the standard at CPSC's Division of the 
Secretariat, U.S. Consumer Product Safety Commission, Room 820, 4330 
East West Highway, Bethesda, MD 20814, telephone: 301-504-7479; email: 
[email protected]. Interested parties can purchase a copy of ASTM F833-
21 from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West

[[Page 64348]]

Conshohocken, PA 19428-2959 USA; phone; 610-832-9585; www.astm.org.

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 of 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 carriages and strollers are children's products, a CPSC-
accepted third party conformity assessment body must test samples of 
the products. Products subject to part 1227 also must comply with all 
other applicable CPSC requirements, such as the lead content 
requirements in section 101 of the CPSIA,\2\ the phthalates 
prohibitions in section 108 of the CPSIA \3\ and 16 CFR part 1307, the 
tracking label requirements in section 14(a)(5) of the CPSA,\4\ and the 
consumer registration form requirements in section 104(d) of the 
CPSIA.\5\
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    \2\ 15 U.S.C. 1278a.
    \3\ 15 U.S.C. 2057c.
    \4\ 15 U.S.C. 2063(a)(5).
    \5\ 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 has previously published a notice of requirements (NOR) for 
accreditation of third party conformity assessment bodies for testing 
carriages and strollers (79 FR 13208 (March 10, 2014)). The NORs 
provided the criteria and process for our acceptance of accreditation 
of third party conformity assessment bodies for testing carriages and 
strollers to 16 CFR part 1227. The NORs are listed in the Commission's 
rule, ``Requirements Pertaining to Third Party Conformity Assessment 
Bodies.'' 16 CFR part 1112.
    The revisions to ASTM F833-21 will not require any significant 
changes in the way that third party conformity assessment bodies test 
carriages and strollers. Therefore, the Commission considers existing 
CPSC-accepted testing laboratories that have demonstrated competence 
for testing in accordance with ASTM F833-19 will have the competence to 
test in accordance with the revised standard ASTM F833-21 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). The Commission concludes that 
when it updates a reference to an ASTM standard that the Commission 
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 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 mandatory standard by operation of law. 
The Commission is allowing ASTM F833-21 to become CPSC's new mandatory 
standard. The purpose of this direct final rule is to update the 
reference in the Code of Federal Regulations (CFR) so that it reflects 
the version of the standard that takes effect by statute. This rule 
updates the reference in the CFR, but under the update provision of 
section 104 of the CPSIA, ASTM F833-21 takes effect as the new CPSC 
standard for carriages and strollers, even if the Commission does not 
issue this rule. Thus, public comments would not alter 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 unnecessary.
    In Recommendation 95-4, the Administrative Conference of the United 
States (ACUS) endorsed direct final rulemaking as an appropriate 
procedure to expedite rules that are noncontroversial and that are not 
expected to generate significant adverse comments. 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 February 15, 
2022. 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 will 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 section 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.

[[Page 64349]]

H. Paperwork Reduction Act

    The current mandatory standard for carriages and strollers 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). While the revised mandatory 
standard updates the provisions for marking, labeling, and 
instructional literature regarding consistency and clarity to be 
consistent with other ASTM voluntary standards, the revised mandatory 
standard does not alter these requirements substantively. The 
Commission took the steps required by the PRA for information 
collections when it adopted 16 CFR part 1227, 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 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 standards 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 carriages and strollers. 
Therefore, ASTM F833-21 automatically will take effect as the new 
mandatory standard for carriages and strollers on February 15, 2022, 
180 days after the Commission received notice of the revision on August 
19, 2021. 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 February 15, 2022.

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 CRA 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, CPSC will submit the required 
information to each House of Congress and the Comptroller General.

List of Subjects in 16 CFR Part 1227

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

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

PART 1227--SAFETY STANDARD FOR CARRIAGES AND STROLLERS

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

    Authority: The Consumer Product Safety Improvement Act of 2008, 
Pub. L. 110-314, 104, 122 Stat. 3016 (August 14, 2008); Pub. L. 112-
28, 125 Stat. 273 (August 12, 2011).


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


Sec.  1227.2  Requirements for carriages and strollers.

    Each carriage and stroller shall comply with all applicable 
provisions of ASTM F833-21, Standard Consumer Safety Performance 
Specification for Carriages and Strollers, approved June 15, 2021. 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. A read-
only copy of the standard is available for viewing on the ASTM website 
at https://www.astm.org/READINGLIBRARY/. You may obtain a copy from 
ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West 
Conshohocken, PA 19428-2959; phone: (610) 832-9585; www.astm.org. You 
may inspect a copy at the Division of the Secretariat, U.S. Consumer 
Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, 
MD 20814, telephone (301) 504-7479, email: [email protected], 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. 2021-25140 Filed 11-17-21; 8:45 am]
BILLING CODE 6355-01-P

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