Safety Standard for Infant Walkers, 73241-73246 [2022-25812]

Download as PDF Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Rules and Regulations (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) European Union Aviation Safety Agency (EASA) Emergency AD 2022–0016–E, dated January 26, 2022. (ii) [Reserved] (3) For EASA Emergency AD 2022–0016– E, contact EASA, Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; internet easa.europa.eu. You may find the EASA material on the EASA website at ad.easa.europa.eu. (4) You may view this service information at FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222–5110. (5) You may view this service information that is incorporated by reference 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/ibrlocations.html. Issued on October 27, 2022. Christina Underwood, Acting Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2022–26011 Filed 11–28–22; 8:45 am] BILLING CODE 4910–13–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1216 [Docket No. CPSC–2009–0066] Safety Standard for Infant Walkers Consumer Product Safety Commission. ACTION: Direct final rule. AGENCY: In June 2010, the U.S. Consumer Product Safety Commission (CPSC) published a consumer product safety standard for infant walkers under section 104 of the Consumer Product Safety Improvement Act of 2008 (CPSIA), incorporating by reference the 2007 version of ASTM’s voluntary standard for infant walkers that was in effect at the time, with modifications approved by the Commission. ASTM updated its standard for infant walkers in 2012, and CPSC accepted the revised voluntary standard, without any modifications, as the mandatory standard for infant walkers. ASTM has notified CPSC of a 2022 update to the khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:45 Nov 28, 2022 Jkt 259001 infant walkers voluntary standard. This direct final rule updates the mandatory standard for infant walkers to incorporate by reference ASTM’s 2022 version of the voluntary standard. DATES: The rule is effective on February 25, 2023, unless CPSC receives a significant adverse comment by December 29, 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 February 25, 2023. ADDRESSES: You can submit comments, identified by Docket No. CPSC–2009– 0066, 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: 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–2009–0066, into the ‘‘Search’’ box, and follow the prompts. FOR FURTHER INFORMATION CONTACT: Keysha Walker, Compliance Officer, PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 73241 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 Commission’s rules when a voluntary standards organization revises a standard that the Commission previously incorporated by reference under section 104(b)(1). 15 U.S.C. 2056a(b)(4)(B). 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 Walkers Under section 104(b)(1) of the CPSIA, the Commission adopted a mandatory rule for infant walkers, codified in 16 CFR part 1216. The rule incorporated by reference ASTM F977–07, Standard Consumer Safety Specification for Infant Walkers, with numerous modifications. 75 FR 35266 (June 21, 2010). ASTM revised the voluntary standard in 2012, to ASTM F977–12. In June 2013, the Commission accepted the revision to the standard as the E:\FR\FM\29NOR1.SGM 29NOR1 73242 Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Rules and Regulations mandatory standard for infant walkers, without any modifications, and published a direct final rule to incorporate by reference ASTM F977–12 into 16 CFR part 1216. 78 FR 37706 (June 24, 2013). ASTM revised the voluntary standard in 2018 (ASTM F977–18) and 2022 (ASTM F977–22) without notifying CPSC. On August 29, 2022, ASTM notified CPSC that it has once more revised the voluntary standard for infant walkers, by approving ASTM F977–22e1 on June 1, 2022. On September 9, 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 walkers. 87 FR 55413 (Sep. 9, 2022). One comment was submitted by the Juvenile Products Manufacturers Association, expressing support for the revised voluntary standard and asserting that the revision improves safety. As discussed in section B. Revisions to ASTM F977, based on CPSC staff’s review of ASTM F977–22e1,1 the Commission will allow the revised voluntary standard to become the mandatory standard because it improves the safety of infant walkers.2 Accordingly, by operation of law under section 104(b)(4)(B) of the CPSIA, ASTM F977–22e1 will become the mandatory consumer product safety standard for infant walkers on February 25, 2023. 15 U.S.C. 2056a(b)(4)(B). This direct final rule updates 16 CFR part 1216 to incorporate by reference the revised voluntary standard, ASTM F977–22e1. B. Revisions to ASTM F977 khammond on DSKJM1Z7X2PROD with RULES The ASTM standard for infant walkers includes performance requirements, test methods, and requirements for warning labels and instructional literature, to reduce or prevent death or injuries to children (such as cuts and bruises, burns, and skull fractures). ASTM approved a revised version of ASTM F977 on June 15, 2022, and published that ASTM F977–22 revision. In July 2022, however, ASTM made editorial changes and published ASTM F977–22e1 as another revision.3 ASTM notified CPSC 1 CPSC staff’s briefing package regarding ASTM F977–22e1 is available at: https://www.cpsc.gov/ s3fs-public/BPDraftDirectFinalRuletoRevise16CFR Part1216SafetyStandardforInfantWalkers.pdf? VersionId=rG8Qmw4TKkgazk37BVYgcJrFs8aLYy.B. 2 The Commission voted 4–0 to approve publication of this direct final rule. 3 ASTM F977–22 contained editorial errors that ASTM addressed in ASTM F977–22e1 prior to notification to CPSC. VerDate Sep<11>2014 15:45 Nov 28, 2022 Jkt 259001 of the ASTM F977–22e1 revision on August 29, 2022. The Commission concludes that ASTM F977–22e1 improves the safety of infant walkers. Because ASTM did not notify CPSC of changes made to the standard in ASTM F977–18 and ASTM F977–22, the Commission is now evaluating the substantive and nonsubstantive changes made to ASTM F977–12 in the 2018 and 2022 versions of the standard, as carried through in the 2022e1 version. 1. Background Information on Tipping Tests The ASTM F977 standard includes several tests to evaluate the safety of infant walkers, including among others, the Tipping Resistance Against an Immovable Object test, Occupant Leaning Over Edge/Occupant Leaning Outward Over Edge of Walker test, and the Prevention of Falls Down Step(s) test. The following discussion explains how these particular tests are performed, as background for the later discussion of ASTM’s changes to the standard. Tipping Resistance Against an Immovable Object (6.1.1/7.3.1) This test simulates the walker tipping over while the wheels are stopped against an immovable object. It is conducted by chocking, or preventing the wheels of the walker from moving, and pulling the walker with a horizontal force toward the chocks until it tips over. This test is conducted in both the forward and rearward directions. Occupant Leaning Over Edge (6.1.2)/ Occupant Leaning Outward Over Edge of Walker (7.3.4) This test simulates a child leaning over the edge of the walker, which may cause the walker to tip. It is conducted with a Federal Aviation Administration Civil Aeronautical Medical Institute (CAMI) dummy in both the forward and sideward directions on the floor. This test is also performed after the Steps Tests (described below) with a 17-lb force applied on an aluminum angle affixed on top of the walker with the CAMI dummy removed. This ensures the simulated child cannot cause the walker to fall over at the step edge. Prevention of Falls Down Step(s) (6.3)/ Step(s) Tests (7.6) This multipart test simulates a child traveling in the walker, reaching the edge of the stairs, and potentially falling down the stairs. It is conducted by placing and centering the infant walker on top of the test platform surface in the forward direction a certain distance, d, PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 from the edge of the test platform. With a dummy in the seat of the walker, an 8-lb weight is attached to the walker. When this weight is released, the walker accelerates to the specified speed to the edge of the test platform, or edge of the stairs, potentially falling. This test is performed separately in the forward, rearward, and sideward directions. If the walker is stopped on the edge of the test platform by various methods employed by manufacturers, such as friction pads, it is still possible for the child to lean and cause the walker to fall down the stairs. The Occupant Leaning Outward Over Edge of Walker test, explained above, evaluates the product’s ability to prevent this, and to perform this test, the dummy must be removed. This test is conducted for both forward and sideward directions. 2. Comparison and Review of ASTM F977–12 to Revisions Contained in ASTM F977–22e1 a. Revisions in ASTM F977–18 Substantive Changes in ASTM F977–18 ASTM F977–18 made no substantive changes to ASTM F977–12. Non-Substantive Changes in ASTM F977–18 The following changes to ASTM F977–18 are strictly editorial and do not affect testing or performance requirements. • Section 1.6, part of the Scope, adds ‘‘environmental’’ to the type of appropriate practices to establish for the health and safety of testers. This section reminds testers that they are responsible for establishing appropriate safety, health, and environmental practices prior to and during testing. • Section 1.7, part of the Scope, adds: ‘‘This international standard was developed in accordance with internationally recognized principles on standardization established in the Decision on Principles for the Development of International Standards, Guides and Recommendations issued by the World Trade Organization Technical Barriers to Trade (TBT) Committee.’’ • Section 7.3.2.1, part of the Tipping Resistance Against an Immovable Object test, replaces ‘‘manufacturers’’ with ‘‘manufacturer’s.’’ • Section 7.6.4.1, part of the Sideward Facing Step Test, replaces ‘‘most sideward wheel(s)’’ with ‘‘wheel(s) closest,’’ for the Prevention of Falls Down Steps test, clarifying that the distance from the edge of the test platform to the center of the wheels should be measured to the wheels closest to the edge of the test platform. This is not a substantive change, but it E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Rules and Regulations improves the rigor of testing to the extent it prevents misapplication. • Section X1.9, Rationale, was added to document the basis for the Occupant Leaning Outward Over Edge of Walker test and the mathematical calculations underlying it. There was no change to testing, nor to performance requirements. b. Revisions in ASTM F977–22 khammond on DSKJM1Z7X2PROD with RULES Substantive Changes in ASTM F977–22 ASTM F977–22 made the following substantive changes to ASTM F977–18. Section 7.6.1.8, part of Test Platform Specifications, and Section 7.6.3.2, part of the Forward Facing Step Test, were revised to require the CAMI Infant Dummy Mark II to be secured to the front of the occupant seating area (tray) during the Forward-Facing Step Test. Prior to this change, the dummy could be unsecured. The original wording of Section 7.6.1.8 stated ‘‘may be secured,’’ and was changed to ‘‘shall be secured.’’ Section 7.6.3.2 was modified to include ‘‘Secure the dummy so that the front of the dummy’s torso remains in contact with the front of the occupant seating area during the test.’’ The Forward-Facing Step Test is conducted to determine whether the infant walker can prevent a child from falling downstairs by stopping itself. The Commission concludes that this change improves the safety of infant walkers because the weight of the CAMI dummy is placed further forward, moving the center of gravity of the dummy closer to the edge of the test platform, creating a more hazardous scenario for the test. This results in a more stringent test, and the change from ‘‘may’’ to ‘‘shall’’ also ensures consistency during testing, by specifying the dummy location for testing. Section 7.6.4.2, part of the Sideward Facing Step Test, was changed to require the CAMI Infant Dummy Mark II to be secured to the side of the occupant seating area during the Sideward Facing Step Test. Prior to this change, securing the dummy was optional. Similar to the Forward-Facing Step Test, the Sideward-Facing Step Test is conducted to determine whether the infant walker can prevent a child from falling downstairs by stopping itself by various methods employed by manufacturers, such as friction pads, but in the sideward direction. The Commission concludes that this change improves the safety of infant walkers because the weight of the CAMI dummy is placed further sideward, moving the center of gravity of the dummy closer to the edge of the test platform, making the VerDate Sep<11>2014 15:45 Nov 28, 2022 Jkt 259001 walker more likely to tip over when the walker leans over the edge of the test platform. This new test is a worst case scenario than if the CAMI was not secured to the side of the occupant seating area. This results in a more stringent test, and the change from ‘‘may’’ to ‘‘shall’’ also ensures consistency during testing, by specifying the dummy location for testing. Section 7.6.5.2, part of the RearwardFacing Step Test, now requires the CAMI Infant Dummy Mark II to be secured to the back of the occupant seating area during the Rearward-Facing Step Test. Prior to this change, securing the dummy was optional. Similar to the Forward-Facing Step Test, the Rearward-Facing Step Test is conducted to determine whether the infant walker can prevent a child from falling downstairs by stopping itself by various methods employed by manufacturers, such as friction pads, but in the rearward direction. The Commission concludes that this change improves the safety of infant walkers because the weight of the CAMI dummy is placed more rearward, moving the center of gravity of the dummy closer to the edge of the test platform, making it more likely that the walker tips over when the walker leans over the edge of the test platform. This results in a more stringent test, and the change from ‘‘may’’ to ‘‘shall’’ also ensures consistency during testing, by specifying the dummy location for testing. Non-Substantive Changes in ASTM F977–22 Numerous non-substantive changes were made to ASTM F977–22, such as edits for clarity and consistency. These changes do not substantively affect the testing or performance requirements. Examples include: • Sections 4.4, 4.6.1, 4.6.2, 7.1.1.2, 7.1.1.3, 7.1.2.2, 7.1.2.4, 7.3.4.2, 7.6.5.3, and 7.7.1 all add units of measurement in the proper grammatical form. For instance, 73 ± 9 °F, was rewritten to 73 °F ± 9 °F. • Section 7.3.2.1, part of the Forward Tip-Resistance test, uncapitalizes ‘‘Dummy’s,’’ replacing it with ‘‘dummy’s.’’ • Sections 7.3.2.3–7.3.3.5 replace wording in the Forward- and Rearward Tip-Resistance test with language from ASTM F404–21, Standard Consumer Specification for High Chairs. This new language defines ‘‘F1’’ as the pretensioned force of 3 lb and adds ‘‘While maintaining the force, establish the initial location of a reference point some distance away from the force PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 73243 gauge.’’ This pretensioned force helps the tester identify the reference point at which to start measuring the distance traveled when the horizontal force is applied to tip the walker. • In Table 1, Summary of Step(s) Tests, the significant figures for the specified weight of the CAMI dummy are corrected to specify the actual weight of 17.4 lbs instead of 17 lbs. • Section 7.6.3.1, part of the ForwardFacing Step Test, adds a non-mandatory note: ‘‘To position the swivel wheels in the direction of movement, the walker should be positioned approximately 3 in. from the calculated release distance then moved parallel to Plane A until reaching the release point.’’ This guidance allows for better test consistency and better ensures the wheels are aligned to the direction of travel for the most onerous configuration, as opposed to manually rotating the wheels. Section 7.6.3.2, part of the ForwardFacing Step Test, adds the following notes: ‘‘When positioning the dummy in the seat, a length of military rope, as specified in Fig. 10, should be used to pull the front of the dummy’s torso in contact with the front of the occupant seating area. The military rope must not restrain movement of the dummy’s head per 7.6.1.2.’’ and ‘‘To hold the walker stationary, a mechanical device such as an archery bow release may be used to anchor the walker until it is released per 7.6.3.4.’’ Specifying the rope used for this test results in consistent test results. No instructions for securing the dummy existed prior to the ASTM F977–22 revision because securing the dummy was not required. The second change provides a means to secure the walker while it is being positioned for the test, although other methods could be used. c. Revisions in ASTM F977–22e1 Substantive Changes in ASTM F977– 22e1 No substantive changes were made in ASTM F977–22e1. Non-Substantive Changes in ASTM F977–22e1 The following changes to ASTM F977–22e1 are editorial and do not affect testing or performance requirements. • Section 7.6.3.2 Note 8 changes the incorrectly referenced section of 7.6.1.2 to section 7.6.1.8. • Section 7.6.4.2 Note 12 changes the incorrectly referenced section of 7.6.1.2 to section 7.6.1.8. • Section 7.6.5.2 Note 16 changes the incorrectly referenced section 7.6.1.2 to section 7.6.1.8. E:\FR\FM\29NOR1.SGM 29NOR1 73244 Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Rules and Regulations • Section 7.6.5.3 Note 17 changes the incorrectly referenced sections 7.6.3.4 and 7.6.4.4 to section 7.6.5.4. 3. Commission’s Assessment of the Revised Standard The Commission concludes that the revisions to ASTM F977–12 that were made by ASTM F977–18, ASTM F977– 22, and ASTM F977–22e1 improve the safety of infant walkers. Pursuant to the statute, the Commission will allow the revised voluntary standard, ASTM F977–22e1, to become the mandatory consumer product safety standard for infant walkers. This rule will update the incorporation by reference in 16 CFR part 1216 to reference ASTM F977–22e1 as the mandatory standard for infant walkers. khammond on DSKJM1Z7X2PROD with RULES C. Incorporation by Reference Section 1216.2 of the direct final rule incorporates by reference ASTM F977– 22e1. 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 F977 of this preamble summarizes the major provisions of ASTM F977–22e1 that the Commission incorporates by reference into 16 CFR part 1216. The standard is reasonably available to interested parties. Until the direct final rule takes effect, a read-only copy of ASTM F977–22e1 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 F977–22e1 from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428–2959 USA; telephone: (610) 832–9585; www.astm.org. VerDate Sep<11>2014 15:45 Nov 28, 2022 Jkt 259001 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 walkers are children’s products, a CPSC-accepted third party conformity assessment body must test samples of the products. Products subject to part 1216 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 F977–22e1 makes no changes to ASTM F977–12 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 walkers. 75 FR 35282 (Jun. 21, 2010). The NOR provided the criteria and process for CPSC to accept accreditation of third party conformity assessment bodies for testing infant walkers to 16 CFR part 1216. 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 F977–12 in their scope of accreditation are competent to conduct testing to ASTM F977–22e1. None of the changes to the standard 4 15 U.S.C. 1278a. U.S.C. 2063(a)(5). 6 15 U.S.C. 2056a(d). 5 15 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 would affect a CPSC-accepted laboratory’s ability to conduct testing to the revised standard. The Commission therefore considers the existing CPSC-accepted laboratories for testing to ASTM F977–12 to be capable of testing to ASTM F977–22e1 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 F977–22e1 goes into effect as the mandatory standard, 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, 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 F977–22e1 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 F977–22e1 takes effect as the new CPSC standard for infant walkers even if the Commission does not issue this rule. Thus, public comments would not alter substantive changes to the E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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 February 25, 2023. 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 VerDate Sep<11>2014 15:45 Nov 28, 2022 Jkt 259001 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 walkers includes requirements for marking, labeling, and instructional literature that constitute a ‘‘collection of information,’’ as defined in the Paperwork Reduction Act (PRA; 44 U.S.C. 3501–3521). The Commission took the steps required by the PRA for information collections when it promulgated 16 CFR part 1216, and the marking, labeling, and instructional literature for infant walkers are currently approved under Office of Management and Budget (OMB) Control Number 3041–0159. The revisions to the voluntary standard made no changes to that section of the standard. 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 walkers. Therefore, ASTM F977–22e1 will take effect as the new mandatory standard for infant walkers on February 25, 2023, 180 days after August 29, 2022, when the Commission received notice of the revision. All infant walkers manufactured after February 25, 2023, must comply with this revised standard. 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 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 73245 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 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, OMB’s Office of Information and Regulatory Affairs has determined that 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 1216 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 1216—SAFETY STANDARD FOR INFANT WALKERS 1. Revise the authority citation for part 1216 to read as follows: ■ Authority: 15 U.S.C. 2056a. ■ 2. Revise § 1216.2 to read as follows: § 1216.2 Requirements for infant walkers. Each infant walker must comply with all applicable provisions of ASTM F977–22e1, Standard Consumer Safety Specification for Infant Walkers. ASTM F977–22e1, Standard Consumer Safety E:\FR\FM\29NOR1.SGM 29NOR1 73246 Federal Register / Vol. 87, No. 228 / Tuesday, November 29, 2022 / Rules and Regulations Specification for Infant Walkers, approved June 15, 2022 is incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. This material is available for inspection at the Office of the Secretary, U.S. Consumer Product Safety Commission at: 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. 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. Alberta E. Mills, Secretary, Consumer Product Safety Commission. In FR doc. 2022–24425, which published Monday, November 14, 2022, at 87 FR 68036, make the following correction: 1. On page 68036 in the third column, correct the DATES section to read: DATES: This rule is effective December 14, 2022. SUPPLEMENTARY INFORMATION: Signing Authority This document of the Drug Enforcement Administration was signed on [date of paper signature], by Administrator Anne Milgram. That document with the original signature and date is maintained by DEA. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DEA Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of DEA. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. [FR Doc. 2022–25812 Filed 11–28–22; 8:45 am] Scott Brinks Federal Register Liaison Officer, Drug Enforcement Administration. BILLING CODE 6355–01–P [FR Doc. 2022–25823 Filed 11–28–22; 8:45 am] BILLING CODE P DEPARTMENT OF JUSTICE Drug Enforcement Administration DEPARTMENT OF HOMELAND SECURITY 21 CFR Parts 1301, 1309, and 1316 Coast Guard [Docket No. DEA–438] 33 CFR Part 100 RIN 1117–AB36 [Docket No. USCG–2022–0896] Default Provisions for Hearing Proceedings Relating to the Revocation, Suspension, or Denial of a Registration; Correction Special Local Regulation: Marine Events Within the Captain of the Port Miami, Seminole Hard Rock Winterfest Holiday Boat Parade Drug Enforcement Administration, Department of Justice. ACTION: Final rule.; correction. AGENCY: The Drug Enforcement Agency is correcting a rule that published November 14, 2022, in the Federal Register, to clarify the effective date is 30 days from the date the rule published. DATES: Effective December 14, 2022. FOR FURTHER INFORMATION CONTACT: Scott A. Brinks, Diversion Control Division, Drug Enforcement Administration; Mailing Address: 8701 Morrissette Drive, Springfield, VA 22152, Telephone: (571) 776–3882. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:45 Nov 28, 2022 Jkt 259001 Coast Guard, DHS. Notification of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce a special local regulation to provide for the safety and security of certain navigable waterways during the Seminole Hard Rock Winterfest Holiday Boat Parade. Our regulation for marine events within the Captain of the Port Miami identifies the regulated area for this event in Fort Lauderdale, FL. All non-participant persons and vessels are prohibited from entering, transiting, anchoring, or remaining within the regulated area during the enforcement SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 period unless authorized by the Captain of the Port Miami or a designated representative. The operator of any vessel in the regulated area must comply with instructions from the Coast Guard or designated representative. The regulation in 33 CFR 100.702 will be enforced for the location identified in Item 11 of Table 1 to § 100.702, on December 10, 2022 from 1:30 p.m. through 11:30 p.m. DATES: If you have questions about this notice of enforcement, call or email MST1 Robert M. Olivas, Sector Miami Waterways Management Division, U.S. Coast Guard: Telephone: 305–535–4317, Email: Robert.M.Olivas@uscg.mil. FOR FURTHER INFORMATION CONTACT: The Coast Guard will enforce a special local regulation for the Seminole Hard Rock Winterfest Holiday Boat Parade published in 33 CFR 100.702, Table 1 to § 100.702, Item 11 on December 11, 2021 from 1:30 p.m. through 11:30 p.m. This action is being taken to provide for the safety and security of certain navigable waters of the New River and Atlantic Intracoastal Waterway during this one-day event. Our regulation for marine events within the Seventh Coast Guard District, § 100.702, specifies the location of the special local regulation for the Seminole Hard Rock Winterfest Holiday Boat Parade, which includes a moving buffer zone of 50 yards around the parade as it travels along the New River and Intracoastal Waterway in Ft. Lauderdale, FL. Only event sponsor designated participants and official patrol vessels may enter the regulated area. Spectator vessels may contact the Coast Guard Patrol Commander to request permission to pass through the regulated area. If granted permission, vessels must pass directly through the regulated area at a safe speed without loitering. SUPPLEMENTARY INFORMATION: In addition to this notice of enforcement in the Federal Register, the Coast Guard will inform the public through Local Notice to Mariners and marine information broadcasts at least 24 hours in advance of the enforcement of the special local regulation. Dated: November 21, 2022. C.R. Cederholm, Captain, U.S. Coast Guard, Captain of the Port Miami. [FR Doc. 2022–25887 Filed 11–28–22; 8:45 am] BILLING CODE 9110–04–P E:\FR\FM\29NOR1.SGM 29NOR1

Agencies

[Federal Register Volume 87, Number 228 (Tuesday, November 29, 2022)]
[Rules and Regulations]
[Pages 73241-73246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25812]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1216

[Docket No. CPSC-2009-0066]


Safety Standard for Infant Walkers

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In June 2010, the U.S. Consumer Product Safety Commission 
(CPSC) published a consumer product safety standard for infant walkers 
under section 104 of the Consumer Product Safety Improvement Act of 
2008 (CPSIA), incorporating by reference the 2007 version of ASTM's 
voluntary standard for infant walkers that was in effect at the time, 
with modifications approved by the Commission. ASTM updated its 
standard for infant walkers in 2012, and CPSC accepted the revised 
voluntary standard, without any modifications, as the mandatory 
standard for infant walkers. ASTM has notified CPSC of a 2022 update to 
the infant walkers voluntary standard. This direct final rule updates 
the mandatory standard for infant walkers to incorporate by reference 
ASTM's 2022 version of the voluntary standard.

DATES: The rule is effective on February 25, 2023, unless CPSC receives 
a significant adverse comment by December 29, 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 February 25, 
2023.

ADDRESSES: You can submit comments, identified by Docket No. CPSC-2009-
0066, 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-2009-0066, 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 Commission's rules when a voluntary standards organization 
revises a standard that the Commission previously incorporated by 
reference under section 104(b)(1). 15 U.S.C. 2056a(b)(4)(B). 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 Walkers

    Under section 104(b)(1) of the CPSIA, the Commission adopted a 
mandatory rule for infant walkers, codified in 16 CFR part 1216. The 
rule incorporated by reference ASTM F977-07, Standard Consumer Safety 
Specification for Infant Walkers, with numerous modifications. 75 FR 
35266 (June 21, 2010). ASTM revised the voluntary standard in 2012, to 
ASTM F977-12. In June 2013, the Commission accepted the revision to the 
standard as the

[[Page 73242]]

mandatory standard for infant walkers, without any modifications, and 
published a direct final rule to incorporate by reference ASTM F977-12 
into 16 CFR part 1216. 78 FR 37706 (June 24, 2013). ASTM revised the 
voluntary standard in 2018 (ASTM F977-18) and 2022 (ASTM F977-22) 
without notifying CPSC.
    On August 29, 2022, ASTM notified CPSC that it has once more 
revised the voluntary standard for infant walkers, by approving ASTM 
F977-22e1 on June 1, 2022. On September 9, 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 walkers. 87 FR 55413 
(Sep. 9, 2022). One comment was submitted by the Juvenile Products 
Manufacturers Association, expressing support for the revised voluntary 
standard and asserting that the revision improves safety.
    As discussed in section B. Revisions to ASTM F977, based on CPSC 
staff's review of ASTM F977-22e1,\1\ the Commission will allow the 
revised voluntary standard to become the mandatory standard because it 
improves the safety of infant walkers.\2\ Accordingly, by operation of 
law under section 104(b)(4)(B) of the CPSIA, ASTM F977-22e1 will become 
the mandatory consumer product safety standard for infant walkers on 
February 25, 2023. 15 U.S.C. 2056a(b)(4)(B). This direct final rule 
updates 16 CFR part 1216 to incorporate by reference the revised 
voluntary standard, ASTM F977-22e1.
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    \1\ CPSC staff's briefing package regarding ASTM F977-22e1 is 
available at: https://www.cpsc.gov/s3fs-public/BPDraftDirectFinalRuletoRevise16CFRPart1216SafetyStandardforInfantWalkers.pdf?VersionId=rG8Qmw4TKkgazk37BVYgcJrFs8aLYy.B.
    \2\ The Commission voted 4-0 to approve publication of this 
direct final rule.
---------------------------------------------------------------------------

B. Revisions to ASTM F977

    The ASTM standard for infant walkers includes performance 
requirements, test methods, and requirements for warning labels and 
instructional literature, to reduce or prevent death or injuries to 
children (such as cuts and bruises, burns, and skull fractures). ASTM 
approved a revised version of ASTM F977 on June 15, 2022, and published 
that ASTM F977-22 revision. In July 2022, however, ASTM made editorial 
changes and published ASTM F977-22e1 as another revision.\3\ ASTM 
notified CPSC of the ASTM F977-22e1 revision on August 29, 2022.
---------------------------------------------------------------------------

    \3\ ASTM F977-22 contained editorial errors that ASTM addressed 
in ASTM F977-22e1 prior to notification to CPSC.
---------------------------------------------------------------------------

    The Commission concludes that ASTM F977-22e1 improves the safety of 
infant walkers. Because ASTM did not notify CPSC of changes made to the 
standard in ASTM F977-18 and ASTM F977-22, the Commission is now 
evaluating the substantive and non-substantive changes made to ASTM 
F977-12 in the 2018 and 2022 versions of the standard, as carried 
through in the 2022e1 version.

1. Background Information on Tipping Tests

    The ASTM F977 standard includes several tests to evaluate the 
safety of infant walkers, including among others, the Tipping 
Resistance Against an Immovable Object test, Occupant Leaning Over 
Edge/Occupant Leaning Outward Over Edge of Walker test, and the 
Prevention of Falls Down Step(s) test. The following discussion 
explains how these particular tests are performed, as background for 
the later discussion of ASTM's changes to the standard.
Tipping Resistance Against an Immovable Object (6.1.1/7.3.1)
    This test simulates the walker tipping over while the wheels are 
stopped against an immovable object. It is conducted by chocking, or 
preventing the wheels of the walker from moving, and pulling the walker 
with a horizontal force toward the chocks until it tips over. This test 
is conducted in both the forward and rearward directions.
Occupant Leaning Over Edge (6.1.2)/Occupant Leaning Outward Over Edge 
of Walker (7.3.4)
    This test simulates a child leaning over the edge of the walker, 
which may cause the walker to tip. It is conducted with a Federal 
Aviation Administration Civil Aeronautical Medical Institute (CAMI) 
dummy in both the forward and sideward directions on the floor. This 
test is also performed after the Steps Tests (described below) with a 
17-lb force applied on an aluminum angle affixed on top of the walker 
with the CAMI dummy removed. This ensures the simulated child cannot 
cause the walker to fall over at the step edge.
Prevention of Falls Down Step(s) (6.3)/Step(s) Tests (7.6)
    This multipart test simulates a child traveling in the walker, 
reaching the edge of the stairs, and potentially falling down the 
stairs. It is conducted by placing and centering the infant walker on 
top of the test platform surface in the forward direction a certain 
distance, d, from the edge of the test platform. With a dummy in the 
seat of the walker, an 8-lb weight is attached to the walker. When this 
weight is released, the walker accelerates to the specified speed to 
the edge of the test platform, or edge of the stairs, potentially 
falling. This test is performed separately in the forward, rearward, 
and sideward directions.
    If the walker is stopped on the edge of the test platform by 
various methods employed by manufacturers, such as friction pads, it is 
still possible for the child to lean and cause the walker to fall down 
the stairs. The Occupant Leaning Outward Over Edge of Walker test, 
explained above, evaluates the product's ability to prevent this, and 
to perform this test, the dummy must be removed. This test is conducted 
for both forward and sideward directions.

2. Comparison and Review of ASTM F977-12 to Revisions Contained in ASTM 
F977-22e1

a. Revisions in ASTM F977-18
Substantive Changes in ASTM F977-18
    ASTM F977-18 made no substantive changes to ASTM F977-12.
Non-Substantive Changes in ASTM F977-18
    The following changes to ASTM F977-18 are strictly editorial and do 
not affect testing or performance requirements.
     Section 1.6, part of the Scope, adds ``environmental'' to 
the type of appropriate practices to establish for the health and 
safety of testers. This section reminds testers that they are 
responsible for establishing appropriate safety, health, and 
environmental practices prior to and during testing.
     Section 1.7, part of the Scope, adds: ``This international 
standard was developed in accordance with internationally recognized 
principles on standardization established in the Decision on Principles 
for the Development of International Standards, Guides and 
Recommendations issued by the World Trade Organization Technical 
Barriers to Trade (TBT) Committee.''
     Section 7.3.2.1, part of the Tipping Resistance Against an 
Immovable Object test, replaces ``manufacturers'' with 
``manufacturer's.''
     Section 7.6.4.1, part of the Sideward Facing Step Test, 
replaces ``most sideward wheel(s)'' with ``wheel(s) closest,'' for the 
Prevention of Falls Down Steps test, clarifying that the distance from 
the edge of the test platform to the center of the wheels should be 
measured to the wheels closest to the edge of the test platform. This 
is not a substantive change, but it

[[Page 73243]]

improves the rigor of testing to the extent it prevents misapplication.
     Section X1.9, Rationale, was added to document the basis 
for the Occupant Leaning Outward Over Edge of Walker test and the 
mathematical calculations underlying it.
    There was no change to testing, nor to performance requirements.
b. Revisions in ASTM F977-22
Substantive Changes in ASTM F977-22
    ASTM F977-22 made the following substantive changes to ASTM F977-
18.
    Section 7.6.1.8, part of Test Platform Specifications, and Section 
7.6.3.2, part of the Forward Facing Step Test, were revised to require 
the CAMI Infant Dummy Mark II to be secured to the front of the 
occupant seating area (tray) during the Forward-Facing Step Test. Prior 
to this change, the dummy could be unsecured. The original wording of 
Section 7.6.1.8 stated ``may be secured,'' and was changed to ``shall 
be secured.'' Section 7.6.3.2 was modified to include ``Secure the 
dummy so that the front of the dummy's torso remains in contact with 
the front of the occupant seating area during the test.''
    The Forward-Facing Step Test is conducted to determine whether the 
infant walker can prevent a child from falling downstairs by stopping 
itself. The Commission concludes that this change improves the safety 
of infant walkers because the weight of the CAMI dummy is placed 
further forward, moving the center of gravity of the dummy closer to 
the edge of the test platform, creating a more hazardous scenario for 
the test. This results in a more stringent test, and the change from 
``may'' to ``shall'' also ensures consistency during testing, by 
specifying the dummy location for testing.
    Section 7.6.4.2, part of the Sideward Facing Step Test, was changed 
to require the CAMI Infant Dummy Mark II to be secured to the side of 
the occupant seating area during the Sideward Facing Step Test. Prior 
to this change, securing the dummy was optional. Similar to the 
Forward-Facing Step Test, the Sideward-Facing Step Test is conducted to 
determine whether the infant walker can prevent a child from falling 
downstairs by stopping itself by various methods employed by 
manufacturers, such as friction pads, but in the sideward direction. 
The Commission concludes that this change improves the safety of infant 
walkers because the weight of the CAMI dummy is placed further 
sideward, moving the center of gravity of the dummy closer to the edge 
of the test platform, making the walker more likely to tip over when 
the walker leans over the edge of the test platform. This new test is a 
worst case scenario than if the CAMI was not secured to the side of the 
occupant seating area. This results in a more stringent test, and the 
change from ``may'' to ``shall'' also ensures consistency during 
testing, by specifying the dummy location for testing.
    Section 7.6.5.2, part of the Rearward-Facing Step Test, now 
requires the CAMI Infant Dummy Mark II to be secured to the back of the 
occupant seating area during the Rearward-Facing Step Test. Prior to 
this change, securing the dummy was optional. Similar to the Forward-
Facing Step Test, the Rearward-Facing Step Test is conducted to 
determine whether the infant walker can prevent a child from falling 
downstairs by stopping itself by various methods employed by 
manufacturers, such as friction pads, but in the rearward direction. 
The Commission concludes that this change improves the safety of infant 
walkers because the weight of the CAMI dummy is placed more rearward, 
moving the center of gravity of the dummy closer to the edge of the 
test platform, making it more likely that the walker tips over when the 
walker leans over the edge of the test platform. This results in a more 
stringent test, and the change from ``may'' to ``shall'' also ensures 
consistency during testing, by specifying the dummy location for 
testing.
Non-Substantive Changes in ASTM F977-22
    Numerous non-substantive changes were made to ASTM F977-22, such as 
edits for clarity and consistency. These changes do not substantively 
affect the testing or performance requirements. Examples include:
     Sections 4.4, 4.6.1, 4.6.2, 7.1.1.2, 7.1.1.3, 7.1.2.2, 
7.1.2.4, 7.3.4.2, 7.6.5.3, and 7.7.1 all add units of measurement in 
the proper grammatical form. For instance, 73  9 [deg]F, 
was rewritten to 73 [deg]F  9 [deg]F.
     Section 7.3.2.1, part of the Forward Tip-Resistance test, 
uncapitalizes ``Dummy's,'' replacing it with ``dummy's.''
     Sections 7.3.2.3-7.3.3.5 replace wording in the Forward- 
and Rearward Tip-Resistance test with language from ASTM F404-21, 
Standard Consumer Specification for High Chairs. This new language 
defines ``F1'' as the pretensioned force of 3 lb and adds 
``While maintaining the force, establish the initial location of a 
reference point some distance away from the force gauge.'' This 
pretensioned force helps the tester identify the reference point at 
which to start measuring the distance traveled when the horizontal 
force is applied to tip the walker.
     In Table 1, Summary of Step(s) Tests, the significant 
figures for the specified weight of the CAMI dummy are corrected to 
specify the actual weight of 17.4 lbs instead of 17 lbs.
     Section 7.6.3.1, part of the Forward-Facing Step Test, 
adds a non-mandatory note: ``To position the swivel wheels in the 
direction of movement, the walker should be positioned approximately 3 
in. from the calculated release distance then moved parallel to Plane A 
until reaching the release point.'' This guidance allows for better 
test consistency and better ensures the wheels are aligned to the 
direction of travel for the most onerous configuration, as opposed to 
manually rotating the wheels.
    Section 7.6.3.2, part of the Forward-Facing Step Test, adds the 
following notes: ``When positioning the dummy in the seat, a length of 
military rope, as specified in Fig. 10, should be used to pull the 
front of the dummy's torso in contact with the front of the occupant 
seating area. The military rope must not restrain movement of the 
dummy's head per 7.6.1.2.'' and ``To hold the walker stationary, a 
mechanical device such as an archery bow release may be used to anchor 
the walker until it is released per 7.6.3.4.'' Specifying the rope used 
for this test results in consistent test results. No instructions for 
securing the dummy existed prior to the ASTM F977-22 revision because 
securing the dummy was not required. The second change provides a means 
to secure the walker while it is being positioned for the test, 
although other methods could be used.
c. Revisions in ASTM F977-22e1
Substantive Changes in ASTM F977-22e1
    No substantive changes were made in ASTM F977-22e1.
Non-Substantive Changes in ASTM F977-22e1
    The following changes to ASTM F977-22e1 are editorial and do not 
affect testing or performance requirements.
     Section 7.6.3.2 Note 8 changes the incorrectly referenced 
section of 7.6.1.2 to section 7.6.1.8.
     Section 7.6.4.2 Note 12 changes the incorrectly referenced 
section of 7.6.1.2 to section 7.6.1.8.
     Section 7.6.5.2 Note 16 changes the incorrectly referenced 
section 7.6.1.2 to section 7.6.1.8.

[[Page 73244]]

     Section 7.6.5.3 Note 17 changes the incorrectly referenced 
sections 7.6.3.4 and 7.6.4.4 to section 7.6.5.4.

3. Commission's Assessment of the Revised Standard

    The Commission concludes that the revisions to ASTM F977-12 that 
were made by ASTM F977-18, ASTM F977-22, and ASTM F977-22e1 improve the 
safety of infant walkers. Pursuant to the statute, the Commission will 
allow the revised voluntary standard, ASTM F977-22e1, to become the 
mandatory consumer product safety standard for infant walkers. This 
rule will update the incorporation by reference in 16 CFR part 1216 to 
reference ASTM F977-22e1 as the mandatory standard for infant walkers.

C. Incorporation by Reference

    Section 1216.2 of the direct final rule incorporates by reference 
ASTM F977-22e1. 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 F977 of this preamble summarizes the major provisions of ASTM 
F977-22e1 that the Commission incorporates by reference into 16 CFR 
part 1216. The standard is reasonably available to interested parties. 
Until the direct final rule takes effect, a read-only copy of ASTM 
F977-22e1 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 F977-22e1 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 walkers are children's products, a CPSC-accepted 
third party conformity assessment body must test samples of the 
products. Products subject to part 1216 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 F977-22e1 makes no 
changes to ASTM F977-12 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 walkers. 75 FR 35282 (Jun. 21, 2010). The NOR provided the 
criteria and process for CPSC to accept accreditation of third party 
conformity assessment bodies for testing infant walkers to 16 CFR part 
1216. 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 F977-12 in their 
scope of accreditation are competent to conduct testing to ASTM F977-
22e1. None of the changes to the standard would affect a CPSC-accepted 
laboratory's ability to conduct testing to the revised standard.
    The Commission therefore considers the existing CPSC-accepted 
laboratories for testing to ASTM F977-12 to be capable of testing to 
ASTM F977-22e1 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 F977-22e1 goes into effect 
as the mandatory standard, 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, 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 F977-22e1 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 F977-22e1 takes effect as the new CPSC 
standard for infant walkers even if the Commission does not issue this 
rule. Thus, public comments would not alter substantive changes to the

[[Page 73245]]

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 February 25, 
2023. 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 walkers includes 
requirements for marking, labeling, and instructional literature that 
constitute a ``collection of information,'' as defined in the Paperwork 
Reduction Act (PRA; 44 U.S.C. 3501-3521). The Commission took the steps 
required by the PRA for information collections when it promulgated 16 
CFR part 1216, and the marking, labeling, and instructional literature 
for infant walkers are currently approved under Office of Management 
and Budget (OMB) Control Number 3041-0159. The revisions to the 
voluntary standard made no changes to that section of the standard. 
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 walkers. Therefore, 
ASTM F977-22e1 will take effect as the new mandatory standard for 
infant walkers on February 25, 2023, 180 days after August 29, 2022, 
when the Commission received notice of the revision. All infant walkers 
manufactured after February 25, 2023, must comply with this revised 
standard.

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 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, OMB's Office of Information and Regulatory 
Affairs has determined that 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 1216

    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 1216--SAFETY STANDARD FOR INFANT WALKERS

0
1. Revise the authority citation for part 1216 to read as follows:

    Authority:  15 U.S.C. 2056a.


0
2. Revise Sec.  1216.2 to read as follows:


Sec.  1216.2  Requirements for infant walkers.

    Each infant walker must comply with all applicable provisions of 
ASTM F977-22e1, Standard Consumer Safety Specification for Infant 
Walkers. ASTM F977-22e1, Standard Consumer Safety

[[Page 73246]]

Specification for Infant Walkers, approved June 15, 2022 is 
incorporated by reference into this section with the approval of the 
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 
51. This material is available for inspection at the Office of the 
Secretary, U.S. Consumer Product Safety Commission at: 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. 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.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2022-25812 Filed 11-28-22; 8:45 am]
BILLING CODE 6355-01-P
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