Safety Standard for Soft Infant and Toddler Carriers, 91545-91551 [2024-27042]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 89, Number 224 (Wednesday, November 20, 2024)]
[Rules and Regulations]
[Pages 91545-91551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27042]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1226

[Docket No. CPSC-2013-0014]


Safety Standard for Soft Infant and Toddler Carriers

AGENCY: Consumer Product Safety Commission.

ACTION: Direct final rule.

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SUMMARY: In March 2014, the U.S. Consumer Product Safety Commission 
(CPSC or Commission) published a safety standard for soft infant and 
toddler carriers under section 104 of the Consumer Product Safety 
Improvement Act of 2008 (CPSIA). The standard incorporated by reference 
ASTM F2236-14, Standard Consumer Safety Specification for Soft Infant 
and Toddler Carriers, the voluntary standard

[[Page 91546]]

for soft infant and toddler carriers that was in effect at the time. 
ASTM has now issued a revised standard, ASTM F2236-24. Consistent with 
the CPSIA, this direct final rule updates the mandatory standard to 
incorporate by reference ASTM's 2024 version of the voluntary standard.

DATES: The rule is effective on February 22, 2025, unless CPSC receives 
a significant adverse comment by December 20, 2024. 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 22, 
2025.

ADDRESSES: You can submit comments, identified by Docket No. CPSC-2013-
0014, by any of the following methods:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. CPSC typically does not accept 
comments submitted by email, except as described below. CPSC encourages 
you to submit electronic comments by using the Federal eRulemaking 
Portal.
    Mail/Hand Delivery/Courier/Confidential Written Submissions: 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. 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].
    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: https://www.regulations.gov. 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. If you wish to submit such 
information, please submit it according to the instructions for mail/
hand delivery/courier/confidential written submissions.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov, and insert the 
docket number, CPSC-2013-0014, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Will Cusey, Small Business Ombudsman, 
U.S. Consumer Product Safety Commission, 4330 East-West Highway, 
Bethesda, MD 20814; telephone: (301) 504-7945 or (888) 531-9070; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

A. 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 adopt mandatory standards for these products. 15 U.S.C. 
2056a(b)(1). The mandatory standard must be ``substantially the same 
as'' the voluntary standard, or ``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 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 (CPSA; 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).

B. Safety Standard for Soft Infant and Toddler Carriers

    Under section 104(b)(1) of the CPSIA, the Commission published a 
mandatory standard for soft infant and toddler carriers, codified in 16 
CFR part 1226, ``Safety Standard for Soft Infant and Toddler 
Carriers.'' The rule incorporated by reference the then-current 
voluntary standard, ASTM F2236-14, Standard Consumer Safety 
Specification for Soft Infant and Toddler Carriers, without alteration. 
79 FR 17422 (Mar. 28, 2014). ASTM F2236 applies to soft infant and 
toddler carriers, defined as ``a product, normally of sewn fabric 
construction, which is designed to contain a full term infant to a 
toddler, generally in an upright position, in close proximity to the 
caregiver.'' The mandatory standard includes performance requirements 
and test methods, as well as requirements for warning labels and 
instructions, to address hazards associated with soft infant and 
toddler carriers.
    After the Commission adopted the mandatory standard in 2014, ASTM 
approved two more revisions: ASTM F2236-16 and ASTM F2236-16a. However, 
ASTM did not notify CPSC of these revisions under CPSIA section 
104(b)(4)(B). Consequently, the Commission did not update its mandatory 
standard to incorporate by reference either of these revised ASTM 
standards.
    In July 2024, ASTM approved another revision to the voluntary 
standard for soft infant and toddler carriers, ASTM F2236-24. On August 
26, 2024, ASTM notified CPSC of the revision. On September 10, 2024, 
the Commission published in the Federal Register a notice of 
availability of the revised voluntary standard and sought comments on 
the effect of the revisions. 89 FR 73320. CPSC received no comments on 
the notice of availability.
    As discussed below, based on staff's review of ASTM F2236-24, the 
Commission will allow the revised voluntary standard to become the 
mandatory standard for soft infant and toddler carriers because the 
revised requirements in the voluntary standard improve the safety of 
soft infant and toddler carriers overall; and none of the revised 
requirements reduce safety.\1\ Accordingly, by operation of law under 
section 104(b)(4)(B) of the CPSIA, ASTM F2236-24 will become the 
mandatory consumer product safety standard for soft infant and toddler 
carriers on February 22, 2025. 15 U.S.C. 2056a(b)(4)(B). This direct 
final rule updates part 1226 to incorporate by reference the revised 
voluntary standard, ASTM F2236-24.
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    \1\ On November 13, 2024, the Commission voted (5-0) to approve 
this rule.
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II. Revisions to ASTM F2236

    ASTM has revised the voluntary standard for soft infant and toddler 
carriers three times since its adoption of

[[Page 91547]]

ASTM F2236-14, which is the current mandatory standard. This section 
describes the changes in these three versions of the standard--ASTM 
F2236-16, ASTM F2236-16a, and ASTM F2236-24. The newly revised 2024 
version includes the revisions that ASTM made in the two 2016 versions 
of the standard.

A. ASTM F2236-16 and ASTM F2236-16a

    On May 1, 2016, ASTM approved a revised version of the standard, 
ASTM F2236-16. On September 1, 2016, ASTM approved another revised 
version of the standard, ASTM F2236-16a. ASTM F2236-16 and ASTM F2236-
16a included several substantive and clarifying additions and 
revisions, as well as editorial revisions that did not alter 
substantive requirements in the standard or affect safety.
1. Substantive and Clarifying Revisions
    ASTM F2236-14 only provided a general definition for ``fastener'' 
in section 3.1.6.\2\ ASTM F2236-16 included additions and revisions to 
the definition of ``fastener'' to clarify which type of fastener, 
primary load bearing, secondary load bearing, or non-load bearing, is 
subject to each performance requirement. First, the Terminology section 
of ASTM F2236-16 added definitions for ``primary load bearing 
fastener'' (section 3.1.12) and ``secondary load bearing fastener'' 
(section 3.1.14).\3\ ASTM F2236-16a slightly modified these definitions 
for clarity.\4\
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    \2\ ASTM F2236-14 and ASTM F2236-16 defined ``fastener'' as a 
``mechanical means of attachment that may also allow for adjustments 
of the product fit to wearer and occupant including, but not limited 
to, buckles, snaps, rings, D-rings, hook-and-loop, etc., and 
excluding fabric-only means of attachment and fit adjustment such 
as, but not limited to, consumer-tied knots.''
    \3\ ASTM F2236-16, in section 3.1.12, defined ``primary load 
bearing fastener'' as ``any fastener used in the attachment of the 
product to the caregiver which provides support for the child or is 
used to attach that support of the child to the caregiver, or both, 
that is subject to the direct force of the occupant load, including 
those fasteners associated with positioning or supporting the 
child's torso within the carrier.'' Section 3.1.14 defined 
``secondary load bearing fastener'' as ``any fastener used in the 
attachment of the product to the caregiver which provides aid to the 
wearer for positioning primary load bearing components (for example, 
sternum strap fasteners). Such fasteners are subject to forces less 
than those exhibited by the direct occupant load in intended/
foreseeable use.''
    \4\ ASTM F2236-16a deleted ``used in the attachment of the 
product to the caregiver'' because it was not relevant to the 
definition of load bearing fasteners and could cause confusion.
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    ASTM F2236-16 also included revisions to the performance 
requirements regarding fastener strength and strap retention (section 
6.4) to clarify that primary load bearing fasteners are the type of 
fasteners that are subject to the performance requirements in section 
6.4.1, which require an 80-pound load on the strap in accordance with 
sections 7.7.1 and 7.7.2; secondary load bearing fasteners are the type 
of fasteners that are subject to the performance requirements in 
section 6.4.2, which require a 45-pound load on the strap in accordance 
with sections 7.7.1 and 7.7.3; and non-load bearing fasteners intended 
to retain accessory items or fasteners which do not provide support or 
securement of the child's torso within the carrier are exempt from the 
requirements in section 6.4.
    ASTM was made aware of questions and varying interpretations of 
ASTM F2236-14 that could result in straps not being tested to their 
proper test method, which would make the testing less stringent in some 
cases (specifically, if a fastener that is meant to be tested to 
section 7.7.2 is instead tested to the less stringent 7.7.3). In 
response, ASTM made these revisions to ensure that fasteners are tested 
using the proper test method. These revisions do not change which 
fasteners should be subject to each performance requirement. However, 
the revisions improve the clarity of the standard and better ensure 
that third party laboratories consistently test fasteners using the 
proper test method. As a result, these revisions will improve the 
safety of soft infant and toddler carriers.
    ASTM F2236-16a included further clarifying additions and revisions 
to test methods. ASTM F2236-14 included a Dynamic Load Test in which 
products are tested by repeatedly dropping a mass into the product in 
each of its carrying positions/configurations. This test is performed 
to evaluate the structural integrity of the product as it relates to 
occupant retention, as well as the slippage of the product's adjustable 
support/shoulder straps. This test is meant to ensure that products do 
not create a hazardous condition as defined by Section 5 (examples: 
sharp edges and small parts), do not fail structurally, and do not fall 
off the wearer during normal use. Section 7.2.1.1 specified that the 
test must be performed with either a 25 lb mass or a mass equal to the 
manufacturer's recommended maximum weight for the specific carrying 
position of the product, whichever is greater. ASTM F2236-16a, however, 
added the word ``occupant'' before ``weight'' to clarify that that the 
weight being referred to in this section is the maximum occupant 
weight. ASTM explained in the Rationale section (section X1.2.1) that 
the ``occupant'' weight clarification was made to be consistent with 
the terminology used in the Static Load Test in section 7.2.2.3. ASTM 
also explained that the maximum weight for load tests was always 
intended to be the recommended maximum occupant weight, and that any 
additional weight from accessory items that come with the product or 
are sold specifically for use with the product and stored in pockets or 
pouches is negligible and need not be considered in the recommended 
carry weight of the product. While these revisions improve the clarity 
of the test method and ensure that the test is applied consistently, 
they do not increase the stringency of the test method or impact the 
outcome of performance testing because the accessory items generally 
consist of hoods, straps and similar components of the carrier that are 
stored in pockets or pouches and are not heavy enough to make a 
meaningful difference. Additionally, since neither version of the test 
specifies evaluating a product's pockets/pouches, this revision does 
not affect the structural integrity of pockets/pouches (which are not 
spaces that contain a child). Therefore, they are neutral regarding the 
safety of soft infant and toddler carriers.
    In addition, ASTM F2236-16a included revisions to the Unbounded Leg 
Opening Test (section 7.6.2). This test involves securing a product to 
a test torso, placing a 17 lb shot bag, meant to represent the weight/
size of an occupant into the product, placing the truncated test cone 
\5\ into a leg opening of the product, and applying a 5 lb force to the 
test cone for a minute to try to push the test cone through the leg 
opening. To meet the performance requirements, products shall not allow 
the truncated test cone to pass through any of the leg openings. This 
test is meant to evaluate the product's leg openings and ensure that 
occupants cannot slip through the leg openings. Section 7.6.2 of ASTM 
F2236-14 only instructed that adjustable leg openings should be 
adjusted to their ``smallest size'' as described in the manufacturer's 
literature or instructions. ASTM F2236-16a clarified that adjustable 
leg openings should be adjusted to ``the size recommended for the 
smallest suitable occupant'' as described in the manufacturer's 
literature or instructions. ASTM made this clarification to address 
products for which, when the seat width

[[Page 91548]]

is configured to accommodate the smallest suitable occupant, the leg 
openings are not in their smallest possible configuration. In these 
instances, staff assesses that it is appropriate to test the leg 
openings based on the product configuration most appropriate for the 
smallest occupant, rather than the configuration that produces the 
smallest leg opening. Specifically, the smallest occupant could have a 
larger leg size than the smallest possible opening. As large leg 
openings are more likely than small leg openings to fail the Unbounded 
Leg Opening Test by allowing the test cone to pass through, this 
revision makes the test more stringent for products where a larger leg 
opening is appropriate for the smallest suitable occupant. Therefore, 
this revision is an improvement to safety.
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    \5\ The truncated test cone is 4.7 inches long, 4.7 inches in 
diameter at one end, and 3.0 inches in diameter at the other end. 
The 4.7-inch diameter is meant to simulate the 50th percentile hip 
circumference of the smallest child likely to use the carrier (i.e., 
7 to 8 lbs).
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2. Non-Substantive Revisions
    ASTM F2236-16 and ASTM F2236-16a also included several minor 
additions and revisions that were editorial in nature and did not alter 
any substantive requirements in the standard. For example, ASTM F2236-
16 updated section and figure numbers to reflect the substantive and 
clarifying revisions. ASTM also updated the Rationale sections of both 
standards to provide explanatory information about the 2016 revisions. 
Because these revisions did not change any substantive requirements, 
they are neutral regarding the safety of soft infant and toddler 
carriers.

B. ASTM F2236-24

    On July 1, 2024, ASTM approved a revised version of the standard, 
ASTM F2236-24. ASTM F2236-24 includes several substantive additions and 
revisions, revisions to clarify existing requirements, and editorial 
revisions that do not alter substantive requirements in the standard or 
affect safety. All the revisions in both 2016 ASTM versions of the 
standard are included in the newly revised version, ASTM F2236-24. Many 
of the changes in ASTM F2236-24 are intended to align with ASTM's Ad 
Hoc Wording Task Group (Ad Hoc TG) recommendations for durable infant 
and toddler product standards. In December 2013, ASTM convened the Ad 
Hoc TG, consisting of members of the various durable nursery products 
voluntary standards committees, including CPSC staff. The purpose of 
the Ad Hoc TG is to harmonize the wording, as well as the warning 
format, across durable infant and toddler product voluntary standards. 
This latest revision to the Ad Hoc TG recommendations is in a reference 
document titled ``Recommended Language Approved by Ad Hoc Task Group 
Revision H,'' and is a part of the ASTM's F15 Committee Documents.
1. Substantive and Clarifying Revisions
a. Terminology
    In the Terminology section of ASTM F2236-24, the definition of 
``static load'' is revised. ASTM F2236-14 defined the term as 
``vertically downward force applied by a calibrated force gage or by 
dead weights.'' ASTM F2236-24 revises the term by replacing the word 
``force'' with ``load'' and replacing ``a calibrated force gage or by 
dead weights'' with ``weights or other means,'' so that the definition 
is revised to state ``vertically downward load applied by weights or 
other means.'' These changes were made to align with Ad Hoc TG 
recommendations. Because these revisions simply modify wording and do 
not change the substantive meaning of the terms or change the 
stringency of the standard, they are neutral regarding the safety of 
soft infant and toddler carriers.
b. Flammability
    ASTM F2236-24 makes revisions to section 5.7 regarding 
flammability, which include renaming the section to ``Flammability of 
Soft Infant and Toddler Carriers'' from ``Flammability of Textile 
Products.'' ASTM F2236-24 also replaces the word ``product'' with 
``fabrics'' in section 5.7.1 to clarify that fabrics, rather than 
products, are subject to the flammability requirements in 16 CFR part 
1610--Standard for the Flammability of Clothing Textiles. In addition, 
section 5.7.2 of ASTM F2236-14 stated that ``[i]f a soft infant and 
toddler carrier is incapable of being evaluated to the requirements of 
16 CFR 1610 due to construction characteristics, the product shall not 
be flammable as defined under 16 CFR 1500.3(c)(6)(vi) [``Flammable 
solid'' definition] when tested in accordance with Consumer Safety 
Specification F963, Annex 5.'' ASTM F2236-24 revises section 5.7.2 to 
clarify that ``[c]omponents of the product that contain padding 
material(s) shall not be flammable as defined under 16 CFR 
1500.3(c)(6)(vi) when tested in accordance with Consumer Safety 
Specification F963, Annex A5.'' ASTM made these revisions in response 
to reports that several testing laboratories were not evaluating 
fabrics to 16 CFR 1610 and were instead evaluating them to 16 CFR 
1500.3(c)(6)(vi). These revisions improve the clarity of the standard 
by specifying that all fabrics are subject to 16 CFR 1610, with the 
exception of padding components that are to be tested to 16 CFR 
1500.3(c)(6)(vi) using the test method in Consumer Safety Specification 
F963, Annex A5. These revisions also ensure that fabrics and padding 
materials are consistently being tested to the flammability 
requirements/test method best suited for their characteristics. 
(Fabrics are generally not well-suited for testing to the F963, Annex 
A5 test method.) Therefore, these changes constitute an improvement to 
safety.
    Also, the revised ASTM standard adds a note that the exemptions for 
flammability testing listed in 16 CFR 1610.1(d) and 1610.6(a)(1)(vi) 
apply when a fabric is subject to the requirements of 16 CFR part 1610. 
The exemptions include the following fabrics: plain surface fabrics, 
regardless of fiber content, weighing 2.6 ounces per square yard or 
more; all fabrics, both plain surface and raised-fiber surface 
textiles, regardless of weight, made entirely from any of the following 
fibers or entirely from combination of the following fibers: acrylic, 
modacrylic, nylon, olefin, polyester, and wool; and narrow fabrics and 
loose fibrous materials manufactured less than 50 mm (2 in) in width in 
either direction. Although only indirectly stated, these exemptions 
under 16 CFR 1610.1(d) and 1610.6(a)(1)(vi) previously were recognized 
as part of the standard and applied by test laboratories assessing 
products to ASTM F2236-14. Because the additional note does not provide 
for any new exemptions that were not already in existence at the time 
of ASTM F2236-14, it is neutral regarding the safety of soft infant and 
toddler carriers.
    Additionally, per the recommendation of the Ad Hoc TG, ASTM F2236-
24 adds a requirement that non-toy accessories that are sold with and 
are intended to be attached to the product are also subject to the 
flammability requirements of section 5.7. ASTM made this new 
requirement to ensure that non-toy accessory products such as hoods and 
bibs that are commonly included with and attached to soft infant and 
toddler carriers are subject to flammability requirements as well. 
Because these accessory products attach to the soft infant and toddler 
carriers, they pose a foreseeable flammability hazard. Therefore, this 
change introducing a new requirement for non-toy accessories improves 
safety because it ensures that these accessory products are also 
subject to the flammability requirements of section 5.7.

[[Page 91549]]

c. Marking and Labeling
    ASTM F2236-24 introduces an additional required warning statement 
for carriers that allow for nursing. This warning applies to all 
carriers except those that possess characteristics which render it 
impossible for the caregiver to nurse their baby while the baby is in 
the carrier. This warning instructs caregivers to reposition their baby 
after nursing so that the baby's face is not pressed against the 
caregiver's body. The new warning statement informs that if a baby's 
face is pressed against the caregiver's body while in the carrier, the 
baby could suffocate. The additional warning statement is an 
improvement to safety because it addresses a suffocation hazard pattern 
observed in soft infant and toddler carriers. There is no warning 
statement that addresses this suffocation hazard pattern in the 2014 
version of the standard incorporated in 16 CFR part 1226.
    In addition, section 8 of ASTM F2236-24 includes several revisions 
to the marking and labeling requirements to bring the standard into 
alignment with current Ad Hoc TG recommendations. These revisions 
include:
     requiring that the warnings be easy to read and understand 
and be in the English language at a minimum (section 8.4.1);
     requiring that any marking or labeling provided in 
addition to those required not contradict the meaning of the required 
information (section 8.4.2);
     requiring that the warnings conform to ANSI Z535.4-2011 
and other sections of the standard, which provide guidance on 
formatting (font size, layout, use of signal words, colors, and etc.) 
of warning labels (section 8.4.4);
     adding a note that typefaces with large height-to-width 
ratios (i.e., condensed, compressed, or narrow) should be avoided (Note 
4);
     requiring that the message panel text layout be left-
aligned, ragged-right for all but one-line text messages, which can be 
left-aligned or centered (section 8.4.6.1);
     adding Figure X1.1 in Appendix X1 to show examples of 
left-aligned text as described in section 8.4.6.1 (Note 5);
     updating Figure 5 to illustrate changes to section 8 and 
explaining that it is presented as an example for the display of the 
required warnings (section 8.5.3); and
     adding a note to section 8.5 explaining that verbiage 
other than what is shown can be used as long as the meaning is the same 
or information that is product-specific is presented (Note 6).
    Because these revisions provide a consistent format for 
manufacturers to follow and improve messaging so that it is more 
conspicuous, clear, noticeable, easily readable, and understandable to 
the consumer, they are an improvement to safety. Other revisions 
include requiring that the marking and labeling on the product and its 
retail package include both the place of business and telephone number 
of the manufacturer, distributor, or seller (section 8.1.1); and 
requiring that the marking and labeling on the product be permanent 
(section 8.2). The revision in section 8.1.1 is an improvement to 
safety because it provides more information to the consumer, so that 
the consumer has more than one way of contacting the manufacturer, 
distributor, or seller if they have any safety-related questions or 
concerns. The revision in section 8.2 is also an improvement to safety 
because it ensures that marking and labeling will not fall off of the 
product, so that marking and labeling would better be able to withstand 
normal wear and tear and remain visible to the consumer.
    Also, in some places for warnings on the product, use of the words 
``infant,'' ``infants,'' ``child,'' and ``children'' have been replaced 
with ``baby'' or ``babies'' (sections 8.5 and 8.6). Because these 
revisions don't affect the substance of the messaging, they are neutral 
regarding the safety of soft infant and toddler carriers.
d. Instructional Literature
    ASTM F2236-24 includes several revisions to the instructional 
literature requirements in section 9 for consistency with the current 
Ad Hoc TG recommendations and the revised warning label requirements in 
section 8. These revisions to the instructional literature requirements 
include adding requirements that instructions be in the English 
language at a minimum; that warnings in the instructions meet certain 
requirements specified in section 8 with regard to contrast with the 
background; and that any instructions provided in addition to those 
required shall not contradict or confuse the meaning of the required 
information or be otherwise misleading to the consumer. These revisions 
also include a note referencing ANSI Z535.6 for additional guidance on 
the design of warnings for instructional literature. These revisions 
improve the safety of soft infant and toddler carriers by providing a 
consistent format for manufacturers to follow and providing messaging 
that is clear, noticeable, and consistent with the corresponding 
marking and labeling requirements to the consumer.
    In addition, in some places, in the instructional literature, use 
of the words ``infant,'' ``infants,'' ``child,'' and ``children'' have 
been replaced with ``baby'' or ``babies'' (sections 9.2 and 9.3). 
Because these revisions don't affect the substance of the messaging, 
they are neutral regarding the safety of soft infant and toddler 
carriers.
2. Non-Substantive Revisions
    ASTM F2236-24 also includes several minor additions and revisions 
that are editorial in nature and do not alter any substantive 
requirements in the standard. These revisions include formatting 
changes to align with ASTM form and style guidelines, and adjustments 
to section and figure numbers to reflect revised and new sections and 
figures. ASTM also updated the Rationale section in the standard to 
provide explanatory information about the revisions. Because these 
revisions do not change any substantive requirements, they are neutral 
regarding the safety of soft infant and toddler carriers.

III. Incorporation by Reference

    Section 1226.2 of the direct final rule incorporates by reference 
ASTM F2236-24. 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 of the 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 II of this preamble 
summarizes the material in ASTM F2236-24 that the Commission 
incorporates by reference into 16 CFR part 1226. The standard is 
reasonably available to interested parties in several ways. Until the 
direct final rule takes effect, a read-only copy of ASTM F2236-24 is 
available for viewing 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 on the ASTM website at: www.astm.org/READINGLIBRARY/. Additionally, interested parties can purchase a copy 
of ASTM F2236-24 from ASTM International, 100 Barr Harbor Drive, P.O. 
Box C700, West Conshohocken, PA 19428-2959; telephone: (610) 832-9500; 
www.astm.org. Finally, interested parties can schedule an appointment 
to inspect a copy of the standard at CPSC's Office of the Secretary, 
U.S. Consumer

[[Page 91550]]

Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814; 
telephone: (301) 504-7479; email: [email protected]. Interested parties 
can also schedule an appointment to inspect a copy of the standard at 
the National Archives and Records Administration by emailing 
[email protected], or going to: www.archives.gov/federal-register/cfr/ibr-locations.html.

IV. Certification

    Section 14(a) of the CPSA (15 U.S.C. 2063(a)) requires 
manufacturers, including importers, 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 
CPSC-accepted third party conformity assessment body accredited 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 soft infant and toddler carriers are children's products, a 
CPSC-accepted third party conformity assessment body must test samples 
of the products. Products subject to part 1226 must also comply with 
all other applicable CPSC requirements, such as the lead content 
requirements in section 101 of the CPSIA,\6\ the phthalates 
prohibitions in section 108 of the CPSIA \7\ and 16 CFR part 1307, the 
tracking label requirements in section 14(a)(5) of the CPSA,\8\ and the 
consumer registration form requirements in 16 CFR part 1130. ASTM 
F2236-24 makes no changes that would impact any of these existing 
requirements.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 1278a.
    \7\ 15 U.S.C. 2057c.
    \8\ 15 U.S.C. 2063(a)(5).
---------------------------------------------------------------------------

V. Notice of Requirements

    In accordance with section 14(a)(3)(B)(vi) of the CPSA (15 U.S.C. 
2063(a)(3)(B)(vi)), the Commission previously published a notice of 
requirements (NOR) for accreditation of third party conformity 
assessment bodies (third party labs) for testing soft infant and 
toddler carriers. 79 FR 17433 (Mar. 28, 2014). The NOR provided the 
criteria and process for CPSC to accept accreditation of third party 
conformity assessment bodies for testing soft infant and toddler 
carriers to 16 CFR part 1226. 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. The NOR for accreditation of 
third party labs for testing soft infant and toddler carriers is 
codified at 16 CFR 1112.15(b)(37).
    ASTM F2236-24 did not change the testing requirements, testing 
equipment, or testing protocols for soft infant and toddler carriers. 
Although ASTM F2236-16 and ASTM F2236-16a contained revisions relating 
to the testing requirements, these revisions served only to clarify 
previously existing requirements and did not require additional 
equipment or test protocols beyond those that already exist in the 
standard. Accordingly, the revisions in these versions of the standard 
have not changed the way that third party conformity assessment bodies 
test these products for compliance with the safety standard for soft 
infant and toddler carriers. Testing laboratories that have 
demonstrated competence for testing in accordance with ASTM F2236-14 
will have the competence to test in accordance with the revised 
standard ASTM F2236-24. Therefore, the Commission considers the 
existing CPSC-accepted laboratories for testing to ASTM F2236-14 to be 
capable of testing to ASTM F2236-24 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.

VI. Direct Final Rule Process

    On September 10, 2024, the Commission published in the Federal 
Register a notice of availability regarding the 2024 revision to ASTM 
F2236 and requested comment on whether the revision improves the safety 
of soft infant and toddler carriers covered by the standard. 89 FR 
73320. CPSC received no comments. 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 previously incorporated by reference under section 104(b) of 
the CPSIA, notice and comment are not necessary.
    The purpose of this direct final rule is to update the reference in 
the Code of Federal Regulations (CFR) so that it reflects the version 
of the standard that takes effect by statute. This rule updates the 
reference in the CFR, but under the terms of the CPSIA, ASTM F2236-24 
would take effect as the new CPSC standard for soft infant and toddler 
carriers in the absence of any action by the Commission. Thus, public 
comments would not lead to substantive changes to the standard or to 
the effect of the revised standard as a consumer product safety rule 
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 that are not 
expected to generate significant adverse comments. See 60 FR 43108 
(Aug. 18, 1995). ACUS recommends that agencies use the direct final 
rule process when they act under the ``unnecessary'' prong of the good 
cause exemption in 5 U.S.C. 553(b)(B). Consistent with the ACUS 
recommendation, the Commission is publishing this rule as a direct 
final rule, because CPSC does not expect any significant adverse 
comments. CPSC did not receive any adverse comments about the 
requirements in this update in response to the notice of availability 
published on September 10, 2024.
    Unless CPSC receives a significant adverse comment within 30 days 
of this notification, the rule will become effective on February 22, 
2025. 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 
that undermines ``the rule's underlying premise or approach,'' or a 
showing that the rule ``would be ineffective or unacceptable without 
change.'' 60 FR 43108, 43111. As noted, this rule updates a reference 
in the CFR to reflect a change that occurs by statute.
    If the Commission receives a significant adverse comment, the 
Commission will withdraw this direct final rule. Depending on the 
comment and other circumstances, the Commission may then incorporate 
the adverse comment into a subsequent

[[Page 91551]]

direct final rule or publish a notice of proposed rulemaking, providing 
an opportunity for public comment.

VII. 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 VI 
of this preamble, the Commission has determined that further 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.

VIII. Paperwork Reduction Act

    The current mandatory standard 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 adds marking, 
labeling, and instructional literature requirements for soft infant and 
toddler carriers, the new requirements would not materially add to the 
burden hours because the products already require marking, labeling, 
and instructional literature. The new requirements merely require 
revisions to the labeling language in addition to that already required 
by the standard. The Commission took the steps required by the PRA for 
information collections when it promulgated 16 CFR part 1226, and the 
marking, labeling, and instructional literature for soft infant and 
toddler carriers are currently approved under OMB Control Number 3041-
0159. The agency will consider whether OMB Control Number 3041-0159 
should be revised for soft infant and toddler carriers in the next 
scheduled update.

IX. Environmental Considerations

    The Commission's regulations provide for a categorical exclusion 
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). This rule 
falls within the categorical exclusion, so no environmental assessment 
or environmental impact statement is required.

X. 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.

XI. 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 determines that the revision does not improve the safety of 
the product, or the Commission sets a later date in the Federal 
Register. 15 U.S.C. 2056a(b)(4)(B). The Commission is taking neither of 
those actions with respect to the revised standard for soft infant and 
toddler carriers. Therefore, ASTM F2236-24 automatically will take 
effect as the new mandatory standard for soft infant and toddler 
carriers on February 22, 2025, 180 days after the Commission received 
notice of the revision. As a direct final rule, unless the Commission 
receives a significant adverse comment within 30 days of this document, 
the rule will become effective on February 22, 2025.

XII. Congressional Review Act

    The Congressional Review Act (CRA; 5 U.S.C. 801-808) states that 
before a rule may take effect, the agency issuing the rule must submit 
the rule, and certain related information, to each House of Congress 
and the Comptroller General. 5 U.S.C. 801(a)(1). The CRA submission 
must indicate whether the rule is a ``major rule.'' The CRA states that 
the Office of Information and Regulatory Affairs (OIRA) determines 
whether a rule qualifies as a ``major rule.''
    Pursuant to the CRA, OIRA 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 1226

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

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

PART 1226--SAFETY STANDARD FOR SOFT INFANT AND TODDLER CARRIERS

0
 1. The authority citation for part 1226 is revised to read as follows:

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


0
 2. Revise Sec.  1226.2 to read as follows:


Sec.  1226.2  Requirements for soft infant and toddler carriers.

    Each soft infant and toddler carrier must comply with all 
applicable provisions of ASTM F2236-24, Standard Consumer Safety 
Specification for Soft Infant and Toddler Carriers, approved on July 1, 
2024. 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. This 
material is available for inspection at the U.S. Consumer Product 
Safety Commission and at the National Archives and Records 
Administration (NARA). Contact the U.S. Consumer Product Safety 
Commission at: the Office of the Secretary, U.S. Consumer Product 
Safety Commission, 4330 East-West Highway, Bethesda, MD 20814, 
telephone: (301) 504-7479, email: [email protected]. 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 also obtain a copy from ASTM International, 100 Barr Harbor Drive, 
P.O. Box C700, West Conshohocken, PA 19428-2959; telephone: (610) 832-
9500; www.astm.org.

Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-27042 Filed 11-19-24; 8:45 am]
BILLING CODE 6355-01-P