[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Rules and Regulations]
[Pages 46797-46802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11792]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Rules
and Regulations
[[Page 46797]]
CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Parts 1112 and 1223
[Docket No. CPSC-2013-0025]
Safety Standard for Infant and Cradle Swings
AGENCY: Consumer Product Safety Commission.
ACTION: Direct final rule.
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SUMMARY: In June 2012, the U.S. Consumer Product Safety Commission
(CPSC) published a consumer product safety standard for infant swings
under section 104 of the Consumer Product Safety Improvement Act of
2008 (CPSIA). The standard incorporated by reference ASTM F2088-12a,
Standard Consumer Safety Specification for Infant Swings, the voluntary
standard for infant swings that was in effect at the time. Because the
standard applied to both infant and cradle swings, in 2020, ASTM
changed the title of the voluntary standard by adding cradle swings to
the title. ASTM has now issued a revised standard, ASTM F2088-24,
Standard Consumer Safety Specification for Infant and Cradle Swings.
The CPSIA sets forth a process for updating mandatory standards for
durable infant or toddler products that are based on a voluntary
standard, when a voluntary standards organization revises the standard.
Consistent with the CPSIA update process, this direct final rule
updates the mandatory standard to incorporate by reference ASTM's 2024
version of the voluntary standard. It also revises the mandatory
standard to include ``cradle swings'' to align with the voluntary
standard.
DATES: The rule is effective on September 14, 2024, unless the
Commission receives a significant adverse comment by July 1, 2024. If
the Commission 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 September 14, 2024.
ADDRESSES: You can submit comments, identified by Docket No. CPSC-2013-
0025, 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-2013-0025, 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 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 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, 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 Infant and Cradle Swings
Under section 104(b)(1) of the CPSIA, the Commission adopted a
mandatory rule for infant swings, codified in 16 CFR part 1223,
``Safety Standard for Infant Swings.'' The rule incorporated by
reference ASTM F2088-12a, Standard Consumer Safety Specification for
Infant Swings, with modifications to make the standard more stringent.
77 FR 66703 (Nov. 7, 2012). The mandatory standard
[[Page 46798]]
included performance requirements and test methods, as well as
requirements for warning labels and instructions, to address hazards to
children. At the time the Commission published the final rule, ASTM
F2088-12a was the current version of the voluntary standard.
In 2013, ASTM notified CPSC that it had issued a revised standard
and the Commission published a direct final rule to update 16 CFR part
1223, incorporating by reference the new ASTM F2088-13, with no
modifications. 78 FR 37706 (June 24, 2013). ASTM later approved two
more revisions: ASTM F2088-15 and ASTM F2088-19. However, ASTM did not
notify CPSC of these revisions under CPSIA section 104(b)(4)(B).
Consequently, these revised standards did not become the mandatory
standards by operation of law, and the Commission did not update the
mandatory standard to incorporate by reference these revised ASTM
standards. In 2020, ASTM notified CPSC that it had issued a further
revised standard, ASTM F2088-20, and the Commission published a direct
final rule to update 16 CFR part 1223, incorporating by reference ASTM
F2088-20, with no modifications.\1\ 86 FR 4961 (Jan. 19, 2021). In
2021, ASTM notified CPSC that it had issued another revised standard,
ASTM F2088-21, and the Commission published a direct final rule to
update 16 CFR part 1223, incorporating by reference ASTM F2088-21, with
no modifications. 86 FR 59609 (Oct. 28, 2021). In 2022, ASTM notified
CPSC that it had issued an additional revision, ASTM F2088-22, and the
Commission published a direct final rule to update 16 CFR part 1223,
incorporating by reference ASTM F2088-22, with no modifications. 87 FR
57390 (Sep. 20, 2022). ASTM F2088-22 is the current mandatory standard
incorporated by reference in 16 CFR part 1223.
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\1\ One revision to ASTM F2088-20 was to change the title for
the standard from ``Standard Consumer Safety Specification for
Infant Swings'' to ``Standard Consumer Safety Specification for
Infant and Cradle Swings.'' The change to the title did not alter
the scope of the standard; performance requirements and test methods
for cradle swings had been in the scope of the standard since ASTM
first adopted it. The revision was a clarifying change to the title
to make it clear that the standard also applied to cradle swings.
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In February 2024, ASTM published a revision to the voluntary
standard, approving ASTM F2088-24. On March 18, 2024, ASTM notified
CPSC of the revision. On March 28, 2024, the Commission provided notice
in the Federal Register of the availability of the revised standard and
sought comments on the effect of the revisions. 89 FR 21497. CPSC did
not receive any comments.
As discussed below, based on CPSC staff's review of ASTM F2088-24,
the Commission will allow the revised voluntary standard to become the
mandatory standard because the revised requirements in the voluntary
standard either improve the safety of infant and cradle swings, or are
neutral with respect to safety.\2\ In addition, with this update, the
Commission is now revising the mandatory standard to align with the
2020 change to the title of the voluntary standard by including the
words ``cradle swings.'' Accordingly, by operation of law under section
104(b)(4)(B) of the CPSIA, ASTM F2088-24 will become the mandatory
consumer product safety standard for infant and cradle swings on
September 14, 2024. 15 U.S.C. 2056a(b)(4)(B). This direct final rule
updates 16 CFR part 1223 to incorporate by reference the revised
voluntary standard, ASTM F2088-24.
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\2\ The Commission voted 5-0 on May 21, 2024, to approve this
rule.
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II. Revisions to ASTM F2088
ASTM F2088-24 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. The standard continues to apply to both infant and cradle
swings.\3\
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\3\ An infant swing is ``a swing that enables an infant in a
seated position to swing or glide and is intended for use with
infants from birth until infant attempts to climb out of the swing
(approximately 9 months).'' A cradle swing is ``a swing which is
intended for use by an infant lying flat to swing or glide and is
intended for use with infants from birth until infant begins to push
up on hands and knees (approximately 5 months).''
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A. Substantive and Clarifying Revisions
ASTM F2088-24 contains substantive changes to requirements in
section 6.9 that address the strangulation and entrapment hazard to
non-occupants associated with tethered straps and cords on swings. 16
CFR part 1223, incorporating by reference ASTM F2088-22, addresses the
strangulation hazard posed by a length of strap that can wrap around an
infant's neck and specifies that any accessible tethered straps on the
underside of the seat must not exceed 16 inches. The 16-inch length
limit is based on the approximate perimeter of a 5th percentile 6-
month-old small head probe used in other infant product standards
(section X1.4).
However, accessible tethered straps on the underside of the seat
can form an opening with other parts of the swing, also posing an
entanglement or strangulation hazard. CPSC staff identified two
incidents demonstrating this hazard involving products that would have
passed the 16-inch ASTM F2088-22 tethered strap requirement and raised
the issue with ASTM.\4\ In a non-fatal incident in 2018,\5\ a 10-month-
old infant became entangled around the neck in the tethered straps on
the underside of an infant swing that formed an opening in conjunction
with the fabric seat of the product, resulting in injuries. In a fatal
incident in 2020,\6\ a 10-month-old was found ``tangled'' and not
breathing with the tethered straps around the infant's neck; the straps
formed an opening in conjunction with the fabric seat of the swing.
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\4\ Staff letter to Ms. Costello, chair of ASTM F15.21 on Infant
Swings, dated October 1, 2020.
\5\ August 2018, IDI 180814HCC1899.
\6\ December 2020, IDI 210616CCC3129.
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Revisions in ASTM F2088-24 address the head entrapment and
strangulation hazard by requiring that: (1) an opening under the swing
(formed by the tethered strap by itself, with other straps, or in
conjunction with the product) is either too small to allow an infant's
head to fit or large enough to allow an infant's torso (and head) to
pass through, and (2) if the opening is large enough to pass an
infant's torso, the tethered strap portion of the opening cannot be
manipulated to loop around an infant's neck. The revised requirements
and corresponding test methods ensure that any openings bounded by the
strap are either too small for an infant's head to enter or are large
enough for the infant's head to escape (without also posing a
strangulation hazard in the strap portion of the opening). Several
revisions in the standard relate to this change.
First, the Terminology section of ASTM F2088-24 adds definitions
for ``cord'' (section 3.1.3) and ``strap'' (section 3.1.13) and revises
the definition of ``tethered strap'' (section 3.1.15). ASTM added the
word ``cord'' to the requirements related to tethered straps throughout
the standard. Using both ``cord'' and ``strap'' in the relevant
requirements and defining these terms ensures that all components that
present the same hazard are included within the relevant requirements.
Consistent with this change, the defined term ``tethered strap'' was
expanded to include ``and/or cord,'' and the wording of the definition
was revised--previously it included only straps that attached a
restraint system or seat to the product frame; as revised, it includes
any accessible and exposed strap or cord behind or below the occupant
support surface with both ends secured to the product or itself. This
revised definition addresses the
[[Page 46799]]
fact that hazardous straps/cords can be part of or be attached to any
component of the product and not just the restraint system or seat.\7\
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\7\ The Terminology section also includes two added
``discussion'' points to clarify that neither straps/cords that are
part of the restraint system and attached only to the front of the
seat, nor straps/cords that are inaccessible or covered by other
components of the product, are considered a ``tethered strap and/or
cord.'' The hazard indicated in the incidents do not implicate these
configurations.
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Second, ASTM F2088-24 includes revised provisions in the
Performance Requirements section (section 6.9) and Test Methods section
(section 7.16). Where ASTM F2088-22 simply specified a 16-inch length
limit for a tethered strap that is accessible on the underside of the
seat, ASTM F2088-24 states that when tested under conditions specified
in section 7 of the standard, all tethered straps and cords that form a
bounded opening, alone or in conjunction with the product (1) must not
allow the passage of the small head probe, or (2) must allow the
passage of the large head probe, and the strap/cord portion of the
bounded opening must not form a loop with a perimeter greater than 7.4
inches. Revised test methods in section 7.16 modify the test set-up and
initial conditions for testing to ensure that the product is secured,
the loop formed below the product is not influenced by weight in the
seat, and the buckles and/or hardware are positioned to allow for the
maximum length of any strap/cord to be accessible from behind or below
the occupant support surface during testing.
ASTM F2088-24 also adds the use of a 3/4-inch diameter clamping
surface tool during the strap/cord evaluation test method to ensure
consistency during the application of the pull force. During the
assessment of the bounded openings, the test methods specify the
insertion forces to be used with the small and large head probes (10
and 5 pounds, respectively).\8\ The insertion forces allow for
compression of soft goods in the testing area and consistency in
testing. After the large head probe test in the evaluation of the
bounded opening, the test methods also include a provision to use a
7.4-inch circumference cylindrical probe to evaluate the strap/cord
length and tautness. The standard includes new figures (figures 14, 15,
16, and X1.1) to provide dimensions and illustrations of the small head
probe, large head probe, and cylindrical probe.
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\8\ The 10-pound force is based on the force used to evaluate
loops and cords in the ASTM Toy Standard and the ANSI standard for
Window Coverings (ASTM F2088-24, section X1.9).
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CPSC considers the revisions in ASTM F2088-24 to be an improvement
to safety because the revisions address entrapment and strangulation
hazards posed by openings created by accessible tethered straps under
the swing and other parts of the product; this hazard is not addressed
by ASTM F2088-22. Limiting the length of a tethered strap alone, as
ASTM F2088-22 does, is less effective to address the entrapment and
strangulation hazard because it does not address the size of an opening
formed with the strap/cord and other parts of the product. The intent
of the 16-inch maximum length requirement was to prevent the head of a
child 6-months or older from becoming entangled if an exposed tethered
strap formed a loop with itself. However, the requirement does not
account for a strap that creates a bounded opening with other parts of
the swing, which could create an opening large enough to allow the head
of an infant to enter, and consequently, become entangled.
Additionally, the requirement did not address that adjoined straps can
pose an entrapment hazard. The revised requirements in ASTM F2088-24
address those hazard patterns. The revised requirements ensures that
the opening formed in conjunction with the strap/cord is either (1)
small enough to prevent an infant's head from entering and getting
entrapped and posing a strangulation hazard,\9\ or (2) large enough for
an infant's head to escape and not get entrapped and not pose a
strangulation hazard when in the bounded opening.\10\ If the opening is
large enough to allow an infant's torso and head to pass, an additional
test ensures that the strap portion of the opening is not loose/long
enough to wrap around an infant's neck; this test uses a 7.4-inch
circumference probe to verify strap cannot form loop around it.\11\
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\9\ As the revised section X1.4 of the Rationale section
indicates, the small head probe represents the 5th percentile 6-
month-old child because that is the youngest child with the
developmental abilities to become entrapped.
\10\ As the new section X1.5 of the Rational section indicates,
the large head probe represents the 97th percentile 3-year-old
child.
\11\ As the new section X1.5 of the Rational section indicates,
the 7.4-inch circumference limit was selected to provide a safety
factor based on an average neck circumference of about 8.3 inches
for a 5th percentile 3- to 6-month-old infant and is consistent with
the cord length requirements in the Play Yards Standard (ASTM F406).
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These revisions in ASTM F2088-24 are an improvement to the safety
of the swings because they address the head entrapment and entanglement
hazards demonstrated in incidents with exposed straps/cords behind or
below swings.
B. Non-Substantive Revisions
ASTM F2088-24 also includes several minor additions and revisions
that are editorial and do not alter any substantive requirements in the
standard. In particular, ASTM F2088-24 updates the list of Referenced
Documents and includes several minor wording changes for consistency
with the revisions to the tethered strap/cord requirements (e.g.,
changing ``tethered straps'' to ``tethered straps and cords''). The
revised standard also updates section and figure numbers to reflect
revised and new sections and figures. ASTM also updated the Rationale
section of 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 infant and cradle swings.
III. Incorporation by Reference
Section 1223.2 of the direct final rule incorporates by reference
ASTM F2088-24. 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 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 II. Revisions to
ASTM F2088 of this preamble summarizes the major provisions of ASTM
F2088-24 that the Commission incorporates by reference into 16 CFR part
1223. The standard is reasonably available to interested parties in
several ways. Until the direct final rule takes effect, a read-only
copy of ASTM F2088-24 is available for viewing on ASTM's website at:
https://www.astm.org/CPSC.htm. Once the rule takes effect, a read-only
copy of the standard will be available for viewing on the ASTM website
at: https://www.astm.org/READINGLIBRARY/. Additionally, interested
parties can purchase a copy of ASTM F2088-24 from ASTM International,
100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959
USA; phone: (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 Product Safety Commission, 4330
East West Highway, Bethesda, MD 20814,
[[Page 46800]]
telephone: (301) 504-7479; email: [email protected].
IV. Certification
Section 14(a) of the Consumer Product Safety Act (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 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 and cradle swings are children's products, a CPSC-
accepted third party conformity assessment body must test samples of
the products. Products subject to part 1223 also must comply with all
other applicable CPSC requirements, such as the lead content
requirements in section 101 of the CPSIA; \12\ the phthalates
prohibitions in section 108 of the CPSIA \13\ and 16 CFR part 1307; the
tracking label requirements in section 14(a)(5) of the CPSA; \14\ and
the consumer registration form requirements in section 104(d) of the
CPSIA.\15\ ASTM F2088-24 makes no changes that would impact any of
these existing requirements.
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\12\ 15 U.S.C. 1278a.
\13\ 15 U.S.C. 2057c.
\14\ 15 U.S.C. 2063(a)(5).
\15\ 15 U.S.C. 2056a(d).
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V. 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 (third-party
labs) for testing infant and cradle swings and codified the requirement
at 16 CFR 1112.15(b)(8). 78 FR 15836 (March 12, 2013). The NOR provided
the criteria and process for CPSC to accept accreditation of third-
party conformity assessment bodies for testing infant and cradle swings
to 16 CFR part 1223. 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. For consistency, the rule
amends the notice of requirements in Sec. 1112.15(b)(8) of 16 CFR part
1112 to read ``16 CFR part 1223, Safety Standard for Infant and Cradle
Swings.''
ASTM F2088-24 includes revised requirements for testing infant and
cradle swings. The revision requires the use of a small head probe, a
large head probe, a \3/4\-inch clamping surface tool, and a 2.355-inch
diameter cylinder probe. The small head probe, large head probe, and
clamping surface tool are common test equipment used by third-party
labs on several juvenile products that are subject to CPSC mandatory
standards, such as play yards (ASTM F406 uses all three tools), infant
walkers (ASTM F977 uses the small head probe and clamping tool), high
chairs (ASTM F404 uses the clamping tool), toys (ASTM F963 uses the
clamping tool), infant bouncers (ASTM F2167 uses the clamping tool),
and strollers (ASTM F833 uses the clamping tool). Accordingly, third-
party labs that test juvenile products are likely to already have this
test equipment.
However, third-party labs will need to buy or construct a
cylindrical probe of 2.355 inches in diameter to perform the strap/cord
length and tautness test (section 7.16.8). The building materials are
easily accessible from supply stores and the probe would be simple to
construct. The cost to procure or build the cylindrical probe is
estimated to be approximately $50.
Accordingly, the revisions do not significantly change the way that
third-party labs test these products for compliance with the safety
standard for swings. In addition, the existing accreditations that the
Commission has accepted for testing requirements in earlier versions of
ASTM F2088, including ASTM F2088-22, will cover testing to the revised
standard. Therefore, the Commission considers the existing CPSC-
accepted laboratories for the testing requirements in ASTM F2088-22 to
be capable of testing to ASTM F2088-24 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 March 28, 2024, the Commission provided notice in the Federal
Register of the revision to the standard and requested comment on
whether the revision improves the safety of swings covered by the
standard. 89 FR 21497. CPSC did not receive any comments. Now, 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.
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 F2088-24
would take effect as the new CPSC standard for infant and cradle swings
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 March 28, 2024.
Unless CPSC receives a significant adverse comment within 30 days
of this notification, the rule will become effective on September 14,
2024. 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
[[Page 46801]]
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 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. Direct Final Rule Process 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). The Commission took the steps required by the PRA
for information collections when it promulgated 16 CFR part 1223, and
the marking, labeling, and instructional literature for infant and
cradle swings are currently approved under Office of Management and
Budget (OMB) Control Number 3041-0159. The revision does not affect the
information collection requirements or approval related to the
standard.
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 infant and
cradle swings. Therefore, ASTM F2088-24 automatically will take effect
as the new mandatory standard for infant and cradle swings on September
14, 2024, 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 notice, the rule
will become effective on September 14, 2024.
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
16 CFR Part 1112
Consumer protection, Third party conformity assessment body
requirements, Audit.
16 CFR Part 1223
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 1112--REQUIREMENTS PERTAINING TO THIRD PARTY CONFORMITY
ASSESSMENT BODIES
0
1. The authority citation for part 1112 continues to read as follows:
Authority: 15 U.S.C. 2063.
0
2. Amend Sec. 1112.15 by revising paragraph (b)(8) to read as follows:
Sec. 1112.15 When can a third party conformity assessment body apply
for CPSC acceptance for a particular CPSC rule or test method?
* * * * *
(b) * * *
(8) 16 CFR part 1223, Safety Standard for Infant and Cradle Swings;
* * * * *
0
3. Revise part 1223 to read as follows:
PART 1223--SAFETY STANDARD FOR INFANT AND CRADLE SWINGS
Sec.
1223.1 Scope.
1223.2 Requirements for infant and cradle swings.
Authority: 15 U.S.C. 2056a.
Sec. 1223.1 Scope.
This part establishes a consumer product safety standard for infant
and cradle swings (including combination swings).
Sec. 1223.2 Requirements for infant and cradle swings.
Each infant and cradle swing (including combination swings) must
comply with all applicable provisions of ASTM F2088-24, Standard
Consumer Safety Specification for Infant and
[[Page 46802]]
Cradle Swings, approved on February 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. You may inspect a copy 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], 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. A read-only copy
of the standard is available for viewing on the ASTM website at https://www.astm.org/READINGLIBRARY/. You may obtain a copy from ASTM
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken,
PA 19428-2959; telephone (610) 832-9500; www.astm.org.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
[FR Doc. 2024-11792 Filed 5-29-24; 8:45 am]
BILLING CODE 6355-01-P