Safety Standard for Infant Bouncer Seats, 54362-54366 [2022-19179]
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54362
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Issued in Washington, DC, on August 30,
2022.
Scott M. Rosenbloom,
Manager, Airspace Rules and Regulations.
[FR Doc. 2022–19101 Filed 9–2–22; 8:45 am]
BILLING CODE 4910–13–P
CONSUMER PRODUCT SAFETY
COMMISSION
16 CFR Part 1229
[Docket No. CPSC–2015–0028]
Safety Standard for Infant Bouncer
Seats
Consumer Product Safety
Commission.
ACTION: Direct final rule.
AGENCY:
In September 2017, the U.S.
Consumer Product Safety Commission
(CPSC or Commission) published a
consumer product safety standard for
infant bouncer seats under section 104
of the Consumer Product Safety
Improvement Act of 2008 (CPSIA). The
standard incorporated by reference the
ASTM voluntary standard for infant
bouncer seats that had been adopted
earlier in 2017 and was in effect at the
time. ASTM updated the mandatory
standard for infant bouncer seats in
2019 and again in 2022. Consistent with
the CPSIA’s process for updating
mandatory standards for durable infant
or toddler products that are based on a
voluntary standard, when the voluntary
standards organization revises the
standard, this direct final rule updates
the mandatory standard for infant
bouncer seats to incorporate by
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SUMMARY:
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074°44′30.45″
*
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40°33′12.21″
40°22′55.93″
40°19′19.55″
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074°29′42.09″
073°15′40.70″
reference ASTM’s 2022 version of the
voluntary standard.
DATES: The rule is effective on
December 19, 2022, unless CPSC
receives a significant adverse comment
by October 6, 2022. 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 December 19,
2022.
ADDRESSES: You can submit comments,
identified by Docket No. CPSC–2015–
0028, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at:
www.regulations.gov. Follow the
instructions for submitting comments.
Do not submit through this website:
confidential business information, trade
secret information, or other sensitive or
protected information that you do not
want to be available to the public. CPSC
typically does not accept comments
submitted by electronic mail (email),
except as described below.
Mail/Hand Delivery/Courier/
Confidential Written Submissions: CPSC
encourages you to submit electronic
comments by using the Federal
eRulemaking Portal. You may, however,
submit comments by mail, hand
delivery, or courier to: Office of the
Secretary, Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone: (301)
504–7479.
Instructions: All submissions must
include the agency name and docket
number. CPSC may post all comments
without change, including any personal
PO 00000
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W)
W)
W)
W)
W)
W)
W)
W)
W)
W)
W)
W)
W)
identifiers, contact information, or other
personal information provided, to:
www.regulations.gov. If you wish to
submit confidential business
information, trade secret information, or
other sensitive or protected information
that you do not want to be available to
the public, you may submit such
comments by mail, hand delivery, or
courier, or you may email them to: cpscos@cpsc.gov.
Docket: For access to the docket to
read background documents or
comments received, go to:
www.regulations.gov, and insert the
docket number, CPSC–2015–0028, into
the ‘‘Search’’ box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT:
Keysha Walker, Compliance Officer,
U.S. Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone: (301)
504–6820; email: KWalker@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
1. Statutory Authority
Section 104(b)(1) of the CPSIA
requires the Commission to assess the
effectiveness of voluntary standards for
durable infant or toddler products and
to adopt mandatory standards for these
products. 15 U.S.C. 2056a(b)(1). A
mandatory standard must be
‘‘substantially the same as’’ the
corresponding voluntary standard, or it
may be ‘‘more stringent than’’ the
voluntary standard, if the Commission
determines that more stringent
requirements would further reduce the
risk of injury associated with the
product. Id.
Section 104(b)(4)(B) of the CPSIA
specifies the process for updating the
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Commission’s rules when a voluntary
standards organization revises a
standard that the Commission
previously incorporated by reference
under section 104(b)(1). First, the
voluntary standards organization must
notify the Commission of the revision.
Once the Commission receives this
notification, the Commission may reject
or accept the revised standard. The
Commission may reject the revised
standard by notifying the voluntary
standards organization, within 90 days
of receiving notice of the revision, that
it has determined that the revised
standard does not improve the safety of
the consumer product and that it is
retaining the existing standard. If the
Commission does not take this action to
reject the revised standard, then the
revised voluntary standard will be
considered a consumer product safety
standard issued under section 9 of the
Consumer Product Safety Act (15 U.S.C.
2058), effective 180 days after the
Commission received notification of the
revision or on a later date specified by
the Commission in the Federal Register.
15 U.S.C. 2056a(b)(4)(B).
2. Safety Standard for Infant Bouncer
Seats
Under section 104(b)(1) of the CPSIA,
the Commission adopted a mandatory
rule for infant bouncer seats, codified in
16 CFR part 1229. The rule incorporated
by reference ASTM F2167–17, Standard
Consumer Safety Specification for
Infant Bouncer Seats, with no
modifications. 82 FR 43470 (Sep. 18,
2017). At the time the Commission
published the final rule, ASTM F2167–
17 was the current version of the
voluntary standard. ASTM revised the
voluntary standard in May 2019. In
September 2019, the Commission
revised the mandatory standard to
incorporate by reference ASTM F2167–
19. 84 FR 46878 (Sep. 6, 2019).
On June 22, 2022, ASTM notified
CPSC that it has once more revised the
voluntary standard for infant bouncer
seats, by approving ASTM F2167–22 on
May 1, 2022. On June 30, 2022, the
Commission published a notice of
availability in the Federal Register
regarding the revised voluntary standard
and sought comments on the effect of
the revisions on the safety of the
standard for infant bouncer seats. 87 FR
39068 (Jun. 30, 2022). No comments
were submitted.
As discussed in section B. Revisions
to ASTM F2167, based on CPSC staff’s
review of ASTM F2167–22,1 the
1 CPSC staff’s briefing package regarding ASTM
F2167–22 is available at: https://www.cpsc.gov/s3fspublic/ASTMs-Revised-Safety-Standard-for-Infant-
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Commission will allow the revised
voluntary standard to become the
mandatory standard because it improves
the safety of infant bouncer seats.2
Accordingly, by operation of law under
section 104(b)(4)(B) of the CPSIA,
ASTM F2167–22 will become the
mandatory consumer product safety
standard for infant bouncer seats on
December 19, 2022. 15 U.S.C.
2056a(b)(4)(B). This direct final rule
updates 16 CFR part 1229 to incorporate
by reference the revised voluntary
standard, ASTM F2167–22.
B. Revisions to ASTM F2167
The ASTM standard for infant
bouncer seats includes performance
requirements, test methods, and
requirements for warning labels and
instructional literature, to address
hazards to children associated with
infant bouncer seats. ASTM F2167–22
contains substantive revisions as well as
editorial, non-substantive revisions.
These revisions from ASTM F2167–19
to ASTM F2167–22 consist of changes
to the infant bouncer seat warning label
language, as well as changes that do not
impact safety because they do not
change the meaning of the standard and
are editorial in nature. The Commission
concludes that these changes
collectively improve the safety of infant
bouncer seats, and none has an adverse
effect on safety. Below is a detailed
discussion of the substantive and nonsubstantive changes made to ASTM
F2167–19.
Substantive Changes in ASTM F2167–22
ASTM F2167–22 revised the
suffocation-related warnings to clarify
that the product is not intended or safe
for sleep and directs consumers to move
the baby to a flat sleep surface if the
baby falls asleep in the product.
Specifically, in section 8.5.2 of ASTM
F2167–19, the suffocation hazard
warning language stated:
Suffocation hazard: Babies have
suffocated when bouncers have tipped
over on soft surfaces.
• NEVER use product on a bed, sofa,
cushion, or other soft surface.
• NEVER leave baby unattended.
To prevent falls and suffocation:
Bouncer-Seats.pdf?VersionId=cQ1Dr6X0fNVW4jNlb
FGhkwy9bwU1FcZX.
2 The Commission voted 4–1 to approve this
notice. Chair Hoehn-Saric and Commissioners
Baiocco, Feldman and Boyle voted to approve
publication of the notice as drafted. Commissioner
Trumka voted to determine that the proposed
revision does not improve the safety of infant
bouncer seats and therefore not approve publication
of the notice in the Federal Register. Commissioner
Trumka issued a statement in connection with his
vote.
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54363
• ALWAYS use restraints and adjust
to fit snugly, even if baby falls asleep.
ASTM F2167–22 revised the
suffocation hazard warning section to
the following:
Suffocation hazard: Babies have
suffocated when bouncers tipped over
on soft surfaces and/or when bouncers
have been used as a sleep product.
• NEVER use on a bed, sofa, cushion,
or other soft surface.
• Stay near and watch baby during
use. This product is not safe for sleep or
unsupervised use. If baby falls asleep,
remove baby as soon as possible and
place baby on a firm, flat sleep surface
such as a crib or bassinet.
To prevent falls and suffocation:
• ALWAYS use restraints and adjust
to fit snugly.
The statements advising caregivers to
always use restraints and adjust to fit
snugly, which is on both the fall hazard
and suffocation hazard warnings, have
now been updated by removing the
statement: ‘‘even if baby falls asleep.’’
Specifically, in sections 8.5.1.1 and
8.5.2.1 of ASTM F2167–19, the
contained the statement:
• ALWAYS use restraints and adjust
to fit snugly, even if baby falls asleep.
ASTM F2167–22 revised the
statement to the following:
• ALWAYS use restraints and adjust
to fit snugly.
The warning language in the 2019
version that recommended using and
adjusting the restraints includes the
phrase: ‘‘even if baby falls asleep,’’
which may suggest to users that using
bouncers for infant sleep is acceptable.
The ASTM subcommittee has since
concluded that bouncers should not be
used for sleep. Thus, the 2022 revision
deletes this phrase and adds clarifying
language to communicate clearly to
consumers that: ‘‘This product is not
safe for sleep or unsupervised use,’’
while reinforcing the message that
babies should sleep in cribs, bassinets,
or other firm, flat sleep surfaces. These
changes improve safety.
The Commission also considers the
change from ‘‘NEVER leave child
unattended’’ to ‘‘Stay near and watch
baby during use’’ to be an improvement
in safety. Consumers are more likely to
understand a message directly
instructing them on what to do to avoid
the hazard. A user study conducted for
CPSC to assess this language concluded
that caregivers prefer clear and straightto-the-point phrases. The researchers
further concluded that many caregivers
misinterpret the words ‘‘unattended’’
and ‘‘unsupervised,’’ and these terms
should be replaced with less ambiguous
phrases.
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Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Rules and Regulations
The Commission considers the
modified suffocation warnings an
improvement to safety because they
provide clear and concise instructions
for safe use of an infant bouncer. The
new warning statement provides
concise guidance to the caregiver that
infant bouncer seats are not safe for
sleep, and it provides guidance that is
consistent with CPSC messaging about
the importance of placing sleeping
babies on firm, flat sleep surfaces, such
as a crib or bassinet.
Finally, changes were made to the
wording in the corresponding Figures
indicated below to reflect the current
Ad-Hoc Recommendations: 3
• Figure.11 Fall Hazard Warnings;
• Figure.12 Suffocation Hazard
Warnings; and
• Figure. 13, Instruction Warnings
Statements.
The Commission considers these
changes to be an improvement to safety
because the changes are consistent with
revisions to language made to
Subsection 8.5.1.1 and 8.5.2.1, and thus
may avoid consumer confusion, and
because they discourage caregivers from
using the product for sleep.
Non-Substantive Changes in ASTM
F2167–22
ASTM F2167–22 makes several nonsubstantive changes to the standard. The
following has been added to the
Appendix:
X1.9 Subsection 8.5.2.1—Change in
the form of an added statement to
explain the non-relevance and removal
of ‘‘even if baby is sleeping’’ from the
Appendix Rationale in the new
standard. This change does not impact
safety because it does not affect the
information available to consumers.
Finally, several minor editorial
changes adding hyphens to language in
the standard were made. The
Commission finds that the nonsubstantive changes made in ASTM
F2167–22 regarding safety for infant
bouncer seats do not impact safety.
C. Incorporation by Reference
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Section 1229.2 of the direct final rule
incorporates by reference ASTM F2167–
22. 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
3 ASTM Ad Hoc Wording Task Group (Ad Hoc
TG) consists of members of various durable nursery
product voluntary standards committees, including
CPSC staff. The Ad Hoc TG’s purpose is to
harmonize the wording of common sections (e.g.,
introduction, scope, protective components) and
warning label requirements across durable infant
and toddler product voluntary standards.
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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 F2167 of this preamble
summarizes the major provisions of
ASTM F2167–22 that the Commission
incorporates by reference into 16 CFR
part 1229. The standard is reasonably
available to interested parties. Until the
direct final rule takes effect, a read-only
copy of ASTM F2167–22 is available for
viewing, at no cost, on ASTM’s website
at: www.astm.org/CPSC.htm. Once the
rule takes effect, a read-only copy of the
standard will be available for viewing,
at no cost, on the ASTM website at:
www.astm.org/READINGLIBRARY/.
Interested parties can also schedule an
appointment to inspect a copy of the
standard at CPSC’s Office of the
Secretary, 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
F2167–22 from ASTM International, 100
Barr Harbor Drive, P.O. Box C700, West
Conshohocken, PA 19428–2959 USA;
telephone: (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 infant bouncer seats are
children’s products, a CPSC-accepted
third party conformity assessment body
must test samples of the products.
Products subject to part 1229 also must
comply with all other applicable CPSC
requirements, such as the lead content
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requirements in section 101 of the
CPSIA,4 the tracking label requirements
in section 14(a)(5) of the CPSA,5 and the
consumer registration form
requirements in section 104(d) of the
CPSIA.6 ASTM F2167–22 makes no
changes that would impact any of these
existing requirements.
E. Notice of Requirements
In accordance with section
14(a)(3)(B)(vi) of the CPSA, the
Commission previously published a
notice of requirements (NOR) for
accreditation of third party conformity
assessment bodies for testing infant
bouncer seats. 82 FR 43470 (Sep. 18,
2017). The NOR provided the criteria
and process for CPSC to accept
accreditation of third party conformity
assessment bodies for testing infant
bouncer seats to 16 CFR part 1229. The
NORs for all mandatory standards for
durable infant or toddler products are
listed in the Commission’s rule,
‘‘Requirements Pertaining to Third Party
Conformity Assessment Bodies,’’
codified in 16 CFR part 1112. Id. CPSCaccepted testing laboratories that have
ASTM F2167–19 in their scope of
accreditation are competent to conduct
testing to ASTM F2167–22. None of the
changes to the standard would affect a
CPSC-accepted laboratory’s ability to
conduct testing to the revised standard.
Therefore, the Commission considers
the existing CPSC-accepted laboratories
for testing to ASTM F2167–19 to be
capable of testing to ASTM F2167–22 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. Thus,
laboratories will begin testing to the
new standard when ASTM F2167–22
goes into effect, and the existing
accreditations that the Commission has
accepted for testing to this standard will
cover testing to the revised standard.
F. Direct Final Rule Process
The Commission is issuing this rule
as a direct final rule. Although the
Administrative Procedure Act (APA; 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,
4 15
U.S.C. 1278a.
U.S.C. 2063(a)(5).
6 15 U.S.C. 2056a(d).
5 15
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Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Rules and Regulations
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.
Specifically, under the process set out
in section 104(b)(4)(B) of the CPSIA,
when ASTM revises a standard that the
Commission has previously
incorporated by reference under section
104(b)(1)(B) of the CPSIA, that revision
will become the new CPSC standard,
unless the Commission determines that
ASTM’s revision does not improve the
safety of the product. Thus, unless the
Commission makes such a
determination, the ASTM revision
becomes CPSC’s standard by operation
of law. The Commission is allowing
ASTM F2167–22 to become CPSC’s new
standard because its provisions improve
product safety. The purpose of this
direct final rule is to update 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
terms of the CPSIA, ASTM F2167–22
takes effect as the new CPSC standard
for infant bouncer seats, 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) endorses direct
final rulemaking as an appropriate
procedure to expedite rules that are
noncontroversial and 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 December 19, 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
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the rule ‘‘would be ineffective or
unacceptable without a change.’’ 60 FR
43108, 43111 (Aug. 18, 1995). As noted,
this rule merely updates a reference in
the CFR to reflect a change that occurs
by statute, and public comments should
address this specific action.
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.
H. Paperwork Reduction Act
The current mandatory standard for
infant bouncer seats 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 revises existing
marking and labeling, and instructional
literature language for infant bouncer
seats, the revisions would not add to the
burden hours because the products
already require marking, labeling, and
instructional literature. The new
requirements merely require new words
or wording changes to language already
required by the standard for infant
bouncer seats. Therefore, the new
requirements are not materially more
burdensome than the existing
requirements. Conforming the
mandatory standard for infant bouncer
seats to ASTM’s revision of the
voluntary standard also reduces burdens
on manufacturers who would follow the
updated voluntary standard and thus, in
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
54365
the absence of this rule, be subject to
partially inconsistent requirements.
The Commission took the steps
required by the PRA for information
collections when it promulgated 16 CFR
part 1229, and the marking, labeling,
and instructional literature for infant
bouncer seats are currently approved
under OMB Control Number 3041–0159.
Because the information collection
burden is unchanged, the revision does
not affect the information collection
requirements or approval related to the
standard.
I. 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
180 days after notification to the
Commission, unless the Commission
timely notifies the standards
organization that it has determined 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 infant
bouncer seats. Therefore, ASTM F2167–
22 will take effect as the new mandatory
standard for infant bouncer seats on
December 19, 2022, 180 days after June
22, 2022, when the Commission
received notice of the revision.
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. Environmental Considerations
Commission rules are categorically
excluded from any requirement to
prepare an environmental assessment or
an environmental impact statement
where they ‘‘have little or no potential
E:\FR\FM\06SER1.SGM
06SER1
54366
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Rules and Regulations
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.
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.
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 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.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
List of Subjects in 16 CFR Part 1229
Consumer protection, Imports,
Incorporation by reference, Imports,
Infants and children, Law enforcement,
Safety, Toys.
For the reasons discussed in the
preamble, the Commission amends 16
CFR chapter II as follows:
SUMMARY:
PART 1229—SAFETY STANDARD FOR
INFANT BOUNCER SEATS
1. The authority citation for part 1229
continues to read as follows:
■
Authority: Sec. 104, Pub. L. 110–314, 122
Stat. 3016 (15 U.S.C. 2056a).
■
2. Revise § 1229.2 to read as follows:
jspears on DSK121TN23PROD with RULES
§ 1229.2
seats.
Requirements for infant bouncer
Each infant bouncer seat must comply
with all applicable provisions of ASTM
F2167–22, Standard Consumer Safety
Specification for Infant Bouncer Seats,
approved on approved May 1, 2022. 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 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;
telephone (610) 832–9585;
www.astm.org. You may inspect a copy
at the Office of the Secretary, 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
VerDate Sep<11>2014
17:41 Sep 02, 2022
Jkt 256001
[FR Doc. 2022–19179 Filed 9–2–22; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 514
RIN 3141–AA77
Annual Fee Calculation
National Indian Gaming
Commission.
ACTION: Final rule.
AGENCY:
The National Indian Gaming
Commission is amending agency
procedures for calculating the amount of
annual fee a gaming operation owes the
National Indian Gaming Commission.
The amendment excludes certain
promotional credits from the calculation
of the annual fee a gaming operation
owes.
DATES:
Effective October 6, 2022.
FOR FURTHER INFORMATION CONTACT:
Austin Badger, National Indian Gaming
Commission; 1849 C Street NW, MS
1621, Washington, DC 20240.
Telephone: 202–632–7003.
SUPPLEMENTARY INFORMATION:
I. Background
The Indian Gaming Regulatory Act
(IGRA or Act), Public Law 100–497, 25
U.S.C. 2701 et seq., was signed into law
on October 17, 1988. The Act
establishes the National Indian Gaming
Commission (NIGC or Commission) and
sets out a comprehensive framework for
the regulation of gaming on Indian
lands. The IGRA established an agency
funding framework whereby gaming
operations licensed by tribes pay a fee
to the Commission for each gaming
operation that conducts Class II or Class
III gaming activity that is regulated
pursuant to IGRA. 25 U.S.C. 2717(a)(1).
These fees are used to fund the
Commission in carrying out its
regulatory authority. On August 15
1991, the NIGC published a final rule in
the Federal Register called Annual Fees
Payable By Class II Gaming Operations.
58 FR 5831. The rule added a new part
to the Commission’s regulations to
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
provide direction and guidance to Class
II gaming operations to enable them to
compute and pay the annual fees as
authorized by the Indian Gaming
Regulatory Act. The Commission has
substantively amended them numerous
times, most recently in 2018 (83 FR
2903).
II. Development of the Rule
On, June 9, 2021, the National Indian
Gaming Commission sent a Notice of
Consultation announcing that the
Commission intended to consult on a
number of topics, including proposed
changes to the fee regulations. Prior to
consultation, the Commission released
proposed discussion drafts of the
regulations for review. The proposed
amendment to the fee regulations were
intended to provide clarity as to
whether a tribal gaming operation must
include certain promotional credits,
commonly referred to as ‘‘free play,’’ as
‘‘money wagered’’ for purposes of
calculating the annual fee. The
Commission held two virtual
consultation sessions in July of 2021 to
receive tribal input on the possible
changes.
The Commission reviewed all
comments received as part of the
consultation process. After considering
the comments received from the public
and through tribal consultations, the
Commission published a notice of
proposed rulemaking on December 2,
2021. 86 FR 68445.
III. Review of Public Comments
The Commission received the
following comments in response to our
notice of proposed rulemaking.
Comment: Commenters recommended
that the exclusion for promotional
credits be mandatory rather than at the
discretion of the tribal gaming
operation. Commenters believe that the
exclusion must be mandatory to prevent
tribal gaming operations from paying
fees on revenues that are not recognized
under Generally Accepted Accounting
Principles. Commenters also believe
that discretionary language permits the
NIGC to determine whether to accept
the exclusion of promotional credits
from the calculation of assessable gross
revenues by tribal gaming operations on
a discretionary basis. Finally,
commenters believe that discretionary
language may prompt reconsideration of
promotional credit treatment in tribalstate compacts.
Response: The Commission accepts
this recommendation to provide a
uniform calculation of the annual fee.
The Commission initially made the
deduction discretionary because it
noted that a sizeable percentage of tribe
E:\FR\FM\06SER1.SGM
06SER1
Agencies
[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Rules and Regulations]
[Pages 54362-54366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19179]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1229
[Docket No. CPSC-2015-0028]
Safety Standard for Infant Bouncer Seats
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: In September 2017, the U.S. Consumer Product Safety Commission
(CPSC or Commission) published a consumer product safety standard for
infant bouncer seats under section 104 of the Consumer Product Safety
Improvement Act of 2008 (CPSIA). The standard incorporated by reference
the ASTM voluntary standard for infant bouncer seats that had been
adopted earlier in 2017 and was in effect at the time. ASTM updated the
mandatory standard for infant bouncer seats in 2019 and again in 2022.
Consistent with the CPSIA's process for updating mandatory standards
for durable infant or toddler products that are based on a voluntary
standard, when the voluntary standards organization revises the
standard, this direct final rule updates the mandatory standard for
infant bouncer seats to incorporate by reference ASTM's 2022 version of
the voluntary standard.
DATES: The rule is effective on December 19, 2022, unless CPSC receives
a significant adverse comment by October 6, 2022. 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 December 19,
2022.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2015-
0028, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: www.regulations.gov. Follow the instructions for
submitting comments. Do not submit through this website: confidential
business information, trade secret information, or other sensitive or
protected information that you do not want to be available to the
public. CPSC typically does not accept comments submitted by electronic
mail (email), except as described below.
Mail/Hand Delivery/Courier/Confidential Written Submissions: CPSC
encourages you to submit electronic comments by using the Federal
eRulemaking Portal. You may, however, submit comments by mail, hand
delivery, or courier to: Office of the Secretary, Consumer Product
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814;
telephone: (301) 504-7479.
Instructions: All submissions must include the agency name and
docket number. CPSC may post all comments without change, including any
personal identifiers, contact information, or other personal
information provided, to: www.regulations.gov. If you wish to submit
confidential business information, trade secret information, or other
sensitive or protected information that you do not want to be available
to the public, you may submit such comments by mail, hand delivery, or
courier, or you may email them to: [email protected].
Docket: For access to the docket to read background documents or
comments received, go to: www.regulations.gov, and insert the docket
number, CPSC-2015-0028, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer,
U.S. Consumer Product Safety Commission, 4330 East-West Highway,
Bethesda, MD 20814; telephone: (301) 504-6820; email: [email protected].
SUPPLEMENTARY INFORMATION:
A. Background
1. Statutory Authority
Section 104(b)(1) of the CPSIA requires the Commission to assess
the effectiveness of voluntary standards for durable infant or toddler
products and to adopt mandatory standards for these products. 15 U.S.C.
2056a(b)(1). A mandatory standard must be ``substantially the same as''
the corresponding voluntary standard, or it may be ``more stringent
than'' the voluntary standard, if the Commission determines that more
stringent requirements would further reduce the risk of injury
associated with the product. Id.
Section 104(b)(4)(B) of the CPSIA specifies the process for
updating the
[[Page 54363]]
Commission's rules when a voluntary standards organization revises a
standard that the Commission previously incorporated by reference under
section 104(b)(1). First, the voluntary standards organization must
notify the Commission of the revision. Once the Commission receives
this notification, the Commission may reject or accept the revised
standard. The Commission may reject the revised standard by notifying
the voluntary standards organization, within 90 days of receiving
notice of the revision, that it has determined that the revised
standard does not improve the safety of the consumer product and that
it is retaining the existing standard. If the Commission does not take
this action to reject the revised standard, then the revised voluntary
standard will be considered a consumer product safety standard issued
under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058),
effective 180 days after the Commission received notification of the
revision or on a later date specified by the Commission in the Federal
Register. 15 U.S.C. 2056a(b)(4)(B).
2. Safety Standard for Infant Bouncer Seats
Under section 104(b)(1) of the CPSIA, the Commission adopted a
mandatory rule for infant bouncer seats, codified in 16 CFR part 1229.
The rule incorporated by reference ASTM F2167-17, Standard Consumer
Safety Specification for Infant Bouncer Seats, with no modifications.
82 FR 43470 (Sep. 18, 2017). At the time the Commission published the
final rule, ASTM F2167-17 was the current version of the voluntary
standard. ASTM revised the voluntary standard in May 2019. In September
2019, the Commission revised the mandatory standard to incorporate by
reference ASTM F2167-19. 84 FR 46878 (Sep. 6, 2019).
On June 22, 2022, ASTM notified CPSC that it has once more revised
the voluntary standard for infant bouncer seats, by approving ASTM
F2167-22 on May 1, 2022. On June 30, 2022, the Commission published a
notice of availability in the Federal Register regarding the revised
voluntary standard and sought comments on the effect of the revisions
on the safety of the standard for infant bouncer seats. 87 FR 39068
(Jun. 30, 2022). No comments were submitted.
As discussed in section B. Revisions to ASTM F2167, based on CPSC
staff's review of ASTM F2167-22,\1\ the Commission will allow the
revised voluntary standard to become the mandatory standard because it
improves the safety of infant bouncer seats.\2\ Accordingly, by
operation of law under section 104(b)(4)(B) of the CPSIA, ASTM F2167-22
will become the mandatory consumer product safety standard for infant
bouncer seats on December 19, 2022. 15 U.S.C. 2056a(b)(4)(B). This
direct final rule updates 16 CFR part 1229 to incorporate by reference
the revised voluntary standard, ASTM F2167-22.
---------------------------------------------------------------------------
\1\ CPSC staff's briefing package regarding ASTM F2167-22 is
available at: https://www.cpsc.gov/s3fs-public/ASTMs-Revised-Safety-Standard-for-Infant-Bouncer-Seats.pdf?VersionId=cQ1Dr6X0fNVW4jNlbFGhkwy9bwU1FcZX.
\2\ The Commission voted 4-1 to approve this notice. Chair
Hoehn-Saric and Commissioners Baiocco, Feldman and Boyle voted to
approve publication of the notice as drafted. Commissioner Trumka
voted to determine that the proposed revision does not improve the
safety of infant bouncer seats and therefore not approve publication
of the notice in the Federal Register. Commissioner Trumka issued a
statement in connection with his vote.
---------------------------------------------------------------------------
B. Revisions to ASTM F2167
The ASTM standard for infant bouncer seats includes performance
requirements, test methods, and requirements for warning labels and
instructional literature, to address hazards to children associated
with infant bouncer seats. ASTM F2167-22 contains substantive revisions
as well as editorial, non-substantive revisions. These revisions from
ASTM F2167-19 to ASTM F2167-22 consist of changes to the infant bouncer
seat warning label language, as well as changes that do not impact
safety because they do not change the meaning of the standard and are
editorial in nature. The Commission concludes that these changes
collectively improve the safety of infant bouncer seats, and none has
an adverse effect on safety. Below is a detailed discussion of the
substantive and non-substantive changes made to ASTM F2167-19.
Substantive Changes in ASTM F2167-22
ASTM F2167-22 revised the suffocation-related warnings to clarify
that the product is not intended or safe for sleep and directs
consumers to move the baby to a flat sleep surface if the baby falls
asleep in the product. Specifically, in section 8.5.2 of ASTM F2167-19,
the suffocation hazard warning language stated:
Suffocation hazard: Babies have suffocated when bouncers have
tipped over on soft surfaces.
NEVER use product on a bed, sofa, cushion, or other soft
surface.
NEVER leave baby unattended.
To prevent falls and suffocation:
ALWAYS use restraints and adjust to fit snugly, even if
baby falls asleep.
ASTM F2167-22 revised the suffocation hazard warning section to the
following:
Suffocation hazard: Babies have suffocated when bouncers tipped
over on soft surfaces and/or when bouncers have been used as a sleep
product.
NEVER use on a bed, sofa, cushion, or other soft surface.
Stay near and watch baby during use. This product is not
safe for sleep or unsupervised use. If baby falls asleep, remove baby
as soon as possible and place baby on a firm, flat sleep surface such
as a crib or bassinet.
To prevent falls and suffocation:
ALWAYS use restraints and adjust to fit snugly.
The statements advising caregivers to always use restraints and
adjust to fit snugly, which is on both the fall hazard and suffocation
hazard warnings, have now been updated by removing the statement:
``even if baby falls asleep.'' Specifically, in sections 8.5.1.1 and
8.5.2.1 of ASTM F2167-19, the contained the statement:
ALWAYS use restraints and adjust to fit snugly, even if
baby falls asleep.
ASTM F2167-22 revised the statement to the following:
ALWAYS use restraints and adjust to fit snugly.
The warning language in the 2019 version that recommended using and
adjusting the restraints includes the phrase: ``even if baby falls
asleep,'' which may suggest to users that using bouncers for infant
sleep is acceptable. The ASTM subcommittee has since concluded that
bouncers should not be used for sleep. Thus, the 2022 revision deletes
this phrase and adds clarifying language to communicate clearly to
consumers that: ``This product is not safe for sleep or unsupervised
use,'' while reinforcing the message that babies should sleep in cribs,
bassinets, or other firm, flat sleep surfaces. These changes improve
safety.
The Commission also considers the change from ``NEVER leave child
unattended'' to ``Stay near and watch baby during use'' to be an
improvement in safety. Consumers are more likely to understand a
message directly instructing them on what to do to avoid the hazard. A
user study conducted for CPSC to assess this language concluded that
caregivers prefer clear and straight-to-the-point phrases. The
researchers further concluded that many caregivers misinterpret the
words ``unattended'' and ``unsupervised,'' and these terms should be
replaced with less ambiguous phrases.
[[Page 54364]]
The Commission considers the modified suffocation warnings an
improvement to safety because they provide clear and concise
instructions for safe use of an infant bouncer. The new warning
statement provides concise guidance to the caregiver that infant
bouncer seats are not safe for sleep, and it provides guidance that is
consistent with CPSC messaging about the importance of placing sleeping
babies on firm, flat sleep surfaces, such as a crib or bassinet.
Finally, changes were made to the wording in the corresponding
Figures indicated below to reflect the current Ad-Hoc Recommendations:
\3\
---------------------------------------------------------------------------
\3\ ASTM Ad Hoc Wording Task Group (Ad Hoc TG) consists of
members of various durable nursery product voluntary standards
committees, including CPSC staff. The Ad Hoc TG's purpose is to
harmonize the wording of common sections (e.g., introduction, scope,
protective components) and warning label requirements across durable
infant and toddler product voluntary standards.
---------------------------------------------------------------------------
Figure.11 Fall Hazard Warnings;
Figure.12 Suffocation Hazard Warnings; and
Figure. 13, Instruction Warnings Statements.
The Commission considers these changes to be an improvement to
safety because the changes are consistent with revisions to language
made to Subsection 8.5.1.1 and 8.5.2.1, and thus may avoid consumer
confusion, and because they discourage caregivers from using the
product for sleep.
Non-Substantive Changes in ASTM F2167-22
ASTM F2167-22 makes several non-substantive changes to the
standard. The following has been added to the Appendix:
X1.9 Subsection 8.5.2.1--Change in the form of an added statement
to explain the non-relevance and removal of ``even if baby is
sleeping'' from the Appendix Rationale in the new standard. This change
does not impact safety because it does not affect the information
available to consumers.
Finally, several minor editorial changes adding hyphens to language
in the standard were made. The Commission finds that the non-
substantive changes made in ASTM F2167-22 regarding safety for infant
bouncer seats do not impact safety.
C. Incorporation by Reference
Section 1229.2 of the direct final rule incorporates by reference
ASTM F2167-22. 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 F2167 of this preamble summarizes the major provisions of ASTM
F2167-22 that the Commission incorporates by reference into 16 CFR part
1229. The standard is reasonably available to interested parties. Until
the direct final rule takes effect, a read-only copy of ASTM F2167-22
is available for viewing, at no cost, on ASTM's website at:
www.astm.org/CPSC.htm. Once the rule takes effect, a read-only copy of
the standard will be available for viewing, at no cost, on the ASTM
website at: www.astm.org/READINGLIBRARY/. Interested parties can also
schedule an appointment to inspect a copy of the standard at CPSC's
Office of the Secretary, 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 F2167-22 from ASTM International, 100 Barr Harbor Drive, P.O.
Box C700, West Conshohocken, PA 19428-2959 USA; telephone: (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 infant bouncer seats are children's products, a CPSC-
accepted third party conformity assessment body must test samples of
the products. Products subject to part 1229 also must comply with all
other applicable CPSC requirements, such as the lead content
requirements in section 101 of the CPSIA,\4\ the tracking label
requirements in section 14(a)(5) of the CPSA,\5\ and the consumer
registration form requirements in section 104(d) of the CPSIA.\6\ ASTM
F2167-22 makes no changes that would impact any of these existing
requirements.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 1278a.
\5\ 15 U.S.C. 2063(a)(5).
\6\ 15 U.S.C. 2056a(d).
---------------------------------------------------------------------------
E. Notice of Requirements
In accordance with section 14(a)(3)(B)(vi) of the CPSA, the
Commission previously published a notice of requirements (NOR) for
accreditation of third party conformity assessment bodies for testing
infant bouncer seats. 82 FR 43470 (Sep. 18, 2017). The NOR provided the
criteria and process for CPSC to accept accreditation of third party
conformity assessment bodies for testing infant bouncer seats to 16 CFR
part 1229. The NORs for all mandatory standards for durable infant or
toddler products are listed in the Commission's rule, ``Requirements
Pertaining to Third Party Conformity Assessment Bodies,'' codified in
16 CFR part 1112. Id. CPSC-accepted testing laboratories that have ASTM
F2167-19 in their scope of accreditation are competent to conduct
testing to ASTM F2167-22. None of the changes to the standard would
affect a CPSC-accepted laboratory's ability to conduct testing to the
revised standard.
Therefore, the Commission considers the existing CPSC-accepted
laboratories for testing to ASTM F2167-19 to be capable of testing to
ASTM F2167-22 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. Thus, laboratories will
begin testing to the new standard when ASTM F2167-22 goes into effect,
and the existing accreditations that the Commission has accepted for
testing to this standard will cover testing to the revised standard.
F. Direct Final Rule Process
The Commission is issuing this rule as a direct final rule.
Although the Administrative Procedure Act (APA; 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,
[[Page 54365]]
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.
Specifically, under the process set out in section 104(b)(4)(B) of
the CPSIA, when ASTM revises a standard that the Commission has
previously incorporated by reference under section 104(b)(1)(B) of the
CPSIA, that revision will become the new CPSC standard, unless the
Commission determines that ASTM's revision does not improve the safety
of the product. Thus, unless the Commission makes such a determination,
the ASTM revision becomes CPSC's standard by operation of law. The
Commission is allowing ASTM F2167-22 to become CPSC's new standard
because its provisions improve product safety. The purpose of this
direct final rule is to update 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
terms of the CPSIA, ASTM F2167-22 takes effect as the new CPSC standard
for infant bouncer seats, 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) endorses direct final rulemaking as an appropriate
procedure to expedite rules that are noncontroversial and 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 December 19,
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 a
change.'' 60 FR 43108, 43111 (Aug. 18, 1995). As noted, this rule
merely updates a reference in the CFR to reflect a change that occurs
by statute, and public comments should address this specific action.
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.
H. Paperwork Reduction Act
The current mandatory standard for infant bouncer seats 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 revises existing marking and labeling, and instructional
literature language for infant bouncer seats, the revisions would not
add to the burden hours because the products already require marking,
labeling, and instructional literature. The new requirements merely
require new words or wording changes to language already required by
the standard for infant bouncer seats. Therefore, the new requirements
are not materially more burdensome than the existing requirements.
Conforming the mandatory standard for infant bouncer seats to ASTM's
revision of the voluntary standard also reduces burdens on
manufacturers who would follow the updated voluntary standard and thus,
in the absence of this rule, be subject to partially inconsistent
requirements.
The Commission took the steps required by the PRA for information
collections when it promulgated 16 CFR part 1229, and the marking,
labeling, and instructional literature for infant bouncer seats are
currently approved under OMB Control Number 3041-0159. Because the
information collection burden is unchanged, the revision does not
affect the information collection requirements or approval related to
the standard.
I. 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 180 days after notification to the Commission, unless the
Commission timely notifies the standards organization that it has
determined 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 infant bouncer seats.
Therefore, ASTM F2167-22 will take effect as the new mandatory standard
for infant bouncer seats on December 19, 2022, 180 days after June 22,
2022, when the Commission received notice of the revision.
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. Environmental Considerations
Commission rules are categorically excluded from any requirement to
prepare an environmental assessment or an environmental impact
statement where they ``have little or no potential
[[Page 54366]]
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.
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 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 1229
Consumer protection, Imports, Incorporation by reference, Imports,
Infants and children, Law enforcement, Safety, Toys.
For the reasons discussed in the preamble, the Commission amends 16
CFR chapter II as follows:
PART 1229--SAFETY STANDARD FOR INFANT BOUNCER SEATS
0
1. The authority citation for part 1229 continues to read as follows:
Authority: Sec. 104, Pub. L. 110-314, 122 Stat. 3016 (15 U.S.C.
2056a).
0
2. Revise Sec. 1229.2 to read as follows:
Sec. 1229.2 Requirements for infant bouncer seats.
Each infant bouncer seat must comply with all applicable provisions
of ASTM F2167-22, Standard Consumer Safety Specification for Infant
Bouncer Seats, approved on approved May 1, 2022. 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 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;
telephone (610) 832-9585; www.astm.org. You may inspect a copy at the
Office of the Secretary, 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, Consumer Product Safety Commission.
[FR Doc. 2022-19179 Filed 9-2-22; 8:45 am]
BILLING CODE 6355-01-P